Moreno Valley City Council
January 4, 2022

January 2021

EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)

The following language must be incorporated into all Local Assistance Federal-aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS

SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ........................................................................................ 2 A. NONDISCRIMINATION STATEMENT ....................................................................................................... 2 B. CONTRACT ASSURANCE .......................................................................................................................... 3 C. PROMPT PROGRESS PAYMENT ............................................................................................................. 3 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS .......................................... 3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS .............................................. 4 F. COMMITMENT AND UTILIZATION ........................................................................................................... 5 G. DBE RUNNING TALLY OF ATTAINMENTS ............................................................................................ 6

2. BID OPENING .............................................................................................................................. ................................ 6

3. BID RIGGING ................................................................................................................................................................ 6

4. CONTRACT AWARD .................................................................................................................................................. 6

5. CONTRACTOR LICENSE .......................................................................................................................................... 6

6. CHANGED CONDITIONS .............................................................................................................................. ............ 6 A. DIFFERING SITE CONDITIONS ................................................................................................................. 6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER ............................................................... 6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK ............................................................... 7

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES .......................................... 7

8. BUY AMERICA ............................................................................................................................................................. 7

9. QUALITY ASSURANCE ............................................................................................................................................. 8

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS ............................................................. 8

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ......................... 8

12. FEMALE AND MINORITY GOALS ......................................................................................................................... 21

13. TITLE VI ASSURANCES .......................................................................................................................................... 22

14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) .................................................. 23

15. FEDERAL TRAINEE PROGRAM ............................................................................................................................ 23 A.19.a
Packet Pg. 440
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as DBE at date of bid opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.  60 percent counts if the materials or supplies are obtained from a DBE regular dealer.  Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows:
 The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
 The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
 The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.  The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.  The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.  A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

a. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

A.19.a
Packet Pg. 441
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

b. Contract Assurance
Under 49 CFR 26.13(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 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, 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. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.
d. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.

Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.

Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

A.19.a
Packet Pg. 442
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

e. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.

3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cause.

The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.

A.19.a
Packet Pg. 443
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

The prime contractor’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from the prime contractor to the DBE regarding the request.

3. Notices from the DBEs to the prime contractor regarding the request.

If a listed DBE is terminated or substituted, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal. f. Commitment and Utilization
Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.

The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book.

This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.

The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution.

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification bef ore starting the affected work

3. Maintain records including:
 Name and business address of each 1st-tier subcontractor  Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
 Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
g. DBE Running Tally of Attainments
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

2. BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).

6. CHANGED CONDITIONS
a. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in A.19.a
Packet Pg. 445
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. c. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract.

The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair andequitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
 When the character of the work as altered di ffers materially in kind or nature from that involved or included in the original proposed construction; or  When a major item of work, as defined elsewh ere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of 80 WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City of Moreno Valley reimburses sum of $1300.00 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.

Production includes:

A.19.a
Packet Pg. 446
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.

9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the A gency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.

2. Any payment request determined not to be a prop er payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN

DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS)

[The following 12 pages must be physically inserted into the contract without modification.] A.19.a
Packet Pg. 447
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT

PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS
A.19.a
Packet Pg. 448
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

I. General
II. Nondiscrimination
III. No 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. Compliance with Government wide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying

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 (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).

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.

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). 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 bid proposal or request for proposal 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).

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 contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

3. 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 determined to be appropriate by the contracting agency and FHWA.

4. 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, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION

The provisions of this section related to 23 CFR Part 230 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 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, 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 60, and 29 CFR 1625-1627.

The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, 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 230, 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 (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 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 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 35 and 29 CFR 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.

b. The contractor will accept as its operating policy thefollowing 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, color, national origin, age or disability. Such action 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."

FHWA-1273 -- Revised May 1, 2012
A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and 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 who 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.
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 contract 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, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to insure 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 reasonable 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.

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.

A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

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. 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, 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, 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 referrals (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 there under.

Employers must provide reasonable accommodation in all
employment activities unless to do so 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, 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 and 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.

FHWA-1273 -- Revised May 1, 2012

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State DOT’s U.S.

DOT-approved DBE program are incorporated by reference.

b. The contractor 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 contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

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 times 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, 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. The 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 $10,000 or more.

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, 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.

A.19.a
Packet Pg. 451
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

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). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

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

a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide 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.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. 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 shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall 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. (1) The contracting officer shall 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 shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

FHWA-1273 -- Revised May 1, 2012

(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 utilized in the area by the 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) 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 shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. 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.

(3) 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 shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

2. Withholding

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

3. Payrolls and basic records

a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR

5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and FHWA-1273 -- Revised May 1, 2012

current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(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 of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.

(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, 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 may be grounds for debarment action pursuant to 29 CFR 5.12.

A.19.a
Packet Pg. 453
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

FHWA-1273 -- Revised May 1, 2012

4. Apprentices and trainees

a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less 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 the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

d. 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. 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 journeymen 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.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 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.

A.19.a
Packet Pg. 454
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

FHWA-1273 -- Revised May 1, 2012

8. Compliance with Davis-Bacon and Related Act requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. Certification of eligibility.

a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S.

Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT

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 watchmen and guards.

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

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inparagraph(1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System.

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” 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 employees 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:

(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 whole and in general are to be limited to minor components of the overall contract.

A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

2. 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. 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.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

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 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.

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 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).

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 construction 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 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 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 submission 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 1, 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
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

FHWA-1273 -- Revised May 1, 2012

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.

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 certification 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 certification or an explanation shall disqualify such a person from participation in this transaction.

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.

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.

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 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee 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 grantee or subgrantee 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.

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 solicitat ions for lower tier covered transactions exceeding the $25,000 threshold.
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, 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 Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

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. 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) 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;

(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; 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. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

2. 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)
a. By signing and submitting this proposal, the prospective lower tier 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.

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 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 grantee or subgrantee 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 grantee or subgrantee 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.

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.

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 Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

FHWA-1273 -- Revised May 1, 2012
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 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.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall 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 20).

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.

A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

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 information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly.

A.19.a
Packet Pg. 459
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

MINORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)

174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

SMSA Counties:

28.9 7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland 25.6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo

176
7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz

19.6 14.9
7500 Santa Rosa 9.1 CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:

177
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties

16.1 14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

178
Stockton-Modesto, CA:

SMSA Counties:

5170 Modesto, CA 12.3
CA Stanislaus
8120 Stockton, CA
CA San Joaquin

24.3 Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne

19.8 Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, C A 19.1
CA Kern
2840 Fresno, CA 26.1
A.19.a
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual

Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 180
Los Angeles, CA:

SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
4480 Los Angeles-Long Beach, CA 28.3
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA

21.5 19.0
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo

24.6 181
San Diego, CA:

SMSA Counties

16.9 7320 San Diego, CA
CA San Diego

18.2 Non-SMSA Counties
CA Imperial

For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

13. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with rega rd to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall pr ovide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such A.19.a
Packet Pg. 461
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the ev ent of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR sha ll include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR 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 carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State 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 (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

Federal Trainee Program Special Provisions
(to be used when applicable)

15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is 0.

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

A.19.a
Packet Pg. 462
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City of Moreno Valley reimburses:

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City of Moreno Valley approval for this submitted information before the prime contractor starts work. The City of Moreno Valley reimburses credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeyman status.

The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City of Moreno Valley reimburses and FHWA approves a program if one of the following is met:

1. It is calculated to:
 Meet the your equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent wi th the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 801 0019 and 808 0020 – Federal Project Nos. HSIPL-5441(066) & HSIPL-5441(067) Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

January 2021

The City of Moreno Valley reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trai nee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training
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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 808 0019 and 808 0020 Federal Project Nos. HSIPL 5441(066) and HSIPL 5441(067)

TITLE VI ASSURANCE (US DOT ORDER 1050.2A)

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Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

• Title VI of the Civ il Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improv ement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civ il Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
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• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE City of Moreno Valley Project Nos. 808 0019 and 808 0020 Federal Project Nos. HSIPL 5441(066) and HSIPL 5441(067)

FEDERAL WAGE DETERMINATION

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"General Decision Number: CA20210025 11/12/2021
Superseded General Decision Number: CA20200025
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: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 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, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 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 calendar year 2021. If this contract is covered by the EO and a
classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR

5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/01/2021
1 01/08/2021
2 01/22/2021
3 03/05/2021
4 03/19/2021
5 04/30/2021
6 06/25/2021
7 07/23/2021
8 07/30/2021
9 08/06/2021
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10 08/20/2021
11 10/01/2021
12 10/08/2021
13 10/15/2021
14 10/22/2021
15 10/29/2021
16 11/12/2021
ASBE0005-002 09/01/2021
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 47.25 24.45 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66 ---------------------------------------------------------------- ASBE0005-004 07/05/2021
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 22.40 13.07 ---------------------------------------------------------------- BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 46.03 38.81 ---------------------------------------------------------------- * BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.48 18.63 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine A.19.a
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Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2019
Rates Fringes
MARBLE FINISHER..................$ 33.43 14.11 TILE FINISHER....................$ 28.23 12.65 TILE LAYER.......................$ 40.07 18.36 ---------------------------------------------------------------- BRCA0018-010 09/01/2020
Rates Fringes
TERRAZZO FINISHER................$ 33.66 14.20 TERRAZZO WORKER/SETTER...........$ 41.60 14.73 ---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
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): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
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Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ---------------------------------------------------------------- ELEC0440-001 12/28/2020
Rates Fringes

ELECTRICIAN
INSIDE ELECTRICIAN..........$ 46.75 3%+23.67

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 06/01/2021
Rates Fringes

LINE CONSTRUCTION
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(1) Lineman; Cable splicer..$ 60.19 21.94
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)...........$ 48.08 20.73
(3) Groundman...............$ 36.76 20.33
(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 01/01/2021
Rates Fringes
ELEVATOR MECHANIC................$ 59.32 35.825+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
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GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

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

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

GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
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); A.19.a
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Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. 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 A.19.a
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waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.

GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form 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 A.19.a
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yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and 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, A.19.a
Packet Pg. 478
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
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, A.19.a
Packet Pg. 479
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); A.19.a
Packet Pg. 480
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
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 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 A.19.a
Packet Pg. 481
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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 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 A.19.a
Packet Pg. 482
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
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
---------------------------------------------------------------- ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
---------------------------------------------------------------- IRON0433-006 07/01/2020
Rates Fringes

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

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB A.19.a
Packet Pg. 483
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
$4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 03/01/2021
Rates Fringes
Asbestos Removal Laborer.........$ 37.49 21.88 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2021
Rates Fringes

LABORER (GUNITE)
GROUP 1.....................$ 46.50 20.42
GROUP 2.....................$ 45.55 20.42
GROUP 3.....................$ 42.01 20.42
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
A.19.a
Packet Pg. 484
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO1184-001 07/01/2021
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Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 38.89 17.10
(2) Vehicle Operator/Hauler.$ 39.06 17.10
(3) Horizontal Directional
Drill Operator..............$ 40.91 17.10
(4) Electronic Tracking
Locator.....................$ 42.91 17.10
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 40.10 20.12
GROUP 2.....................$ 41.40 20.12
GROUP 3.....................$ 43.41 20.12
GROUP 4.....................$ 45.15 20.12

LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
A.19.a
Packet Pg. 485
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
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 07/01/2020
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LABORER (TUNNEL)
GROUP 1.....................$ 42.54 21.04
GROUP 2.....................$ 42.86 21.04
GROUP 3.....................$ 43.32 21.04
GROUP 4.....................$ 44.01 21.04

LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04

LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power A.19.a
Packet Pg. 486
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
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 A.19.a
Packet Pg. 487
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other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO1184-004 07/01/2021
Rates Fringes
Brick Tender.....................$ 35.82 20.45 ---------------------------------------------------------------- LABO1414-001 08/05/2020
Rates Fringes

LABORER
PLASTER CLEAN-UP LABORER....$ 36.03 21.01
PLASTER TENDER..............$ 38.58 21.01
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 33.12 17.24
A.19.a
Packet Pg. 488
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
---------------------------------------------------------------- PAIN0036-008 10/01/2021
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 43.63 22.92 ---------------------------------------------------------------- PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PLAS0200-009 08/04/2021
Rates Fringes
PLASTERER........................$ 45.77 18.39 ---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- PLUM0016-001 09/01/2021
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.................$ 52.20 24.38
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 39.91 22.71
All other work except work
A.19.a
Packet Pg. 489
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
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........................$ 53.83 25.36
---------------------------------------------------------------- PLUM0345-001 09/01/2021
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 36.85 24.75
Sewer & Storm Drain Work....$ 40.94 22.13
---------------------------------------------------------------- ROOF0036-002 08/01/2021
Rates Fringes
ROOFER...........................$ 42.07 18.92 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-002 04/01/2021
Rates Fringes
SPRINKLER FITTER.................$ 41.27 26.23 ---------------------------------------------------------------- SHEE0105-003 07/01/2021
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
A.19.a
Packet Pg. 490
Attachment: Attachment 1 Agreement (5642 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR THE ca25.txt[11/19/2021 8:50:32 AM]
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 48.28 29.46
---------------------------------------------------------------- TEAM0011-002 07/01/2020
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TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:

PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS
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 A.19.a
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plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================

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 www.dol.gov/whd/govcontracts.

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 A.19.a
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(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

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

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

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

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

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

A.19.a
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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 Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

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

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator A.19.a
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(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"
A.19.a
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Report to City Council

ID#5663 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: January 4, 2022

TITLE: AUTHORIZATION TO SUB MIT A LETTER OF INTE NT TO

APPLY FOR THE CALIFO RNIA VIOLENCE

INTERVENTION AND PRE VENTION (CALVIP) GRA NT

PROGRAM

RECOMMENDED ACTION
Recommendation:

1. Authorize City Manager, City Attorney and Chief Financial Officer to draft and submit a letter of intent to apply for the California Violence intervention and Prevention (CalVIP) Grant Program.

2. Authorize City Manager, City Attorney and Chief Financial Officer to seek a Community-Based Organization (CBO) partner(s) to assist the City in qualifying for the grant and negotiate a Memorandum of Understanding with CBO for Council approval no later than February 1, 2022.

SUMMARY

This rep ort recommends the submittal of a Letter of Intent to apply for the California Violence Intervention and Prevention (CalVIP) Grant Program and partnering with a Community Based Organization(s) (CBO), which includes the negotiation of a Memorandum of Understanding for Council approval no later than February 1, 2022 as outlined in the parameters in the Discussion Section below.

DISCUSSION

The State Legislature established the California Violence Intervention and Prevention (CalVIP) Grant Program in Fiscal Y ear (FY) 2017 -18 to replace the CalGRIP grant program.

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The purpose of the CalVIP Grant Program is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, p articularly group-member involved homicides, shootings, and aggravated assaults. Eligible applicants for the CalVIP Grant are California cities that are disproportionately impacted by violence and the community - based organizations (CBOs) that serve them.

The Board of State and Community Corrections (BSCC) has announced the release of the CalVIP Grant Progra m, which makes $209,650,000 available competitively, provided that funding is appropriated through the State Budget Act in fiscal years 2022/23 and 2023/24.

The deadline to submit the Letter of intent is January 7, 2022 and the deadline for the Application/Proposal is February 11, 2022.

The parameters that staff is recommending for the CalVIP grant are as follows:

 $500,000 grant request each year over the three year grant cycle for a $1.5M total request
 Grant requires 100% cash or in-kind match
 Partner with a Community Based Organization(s) that will provide the necessary programs as required by the grant
 Negotiate a Memorandum of Understanding with th e CBO (s), which clearly outlines the responsibilities of the City and the CBO(s to ensure grant compliance

ALTERNATIVES

1. Approve the recommended action as presented in this staff report. Staff recommends this alternative.

2. Do not approve the recommended ac tion as presented in this staff report. Staff does not recommend this alternative.

FISCAL IMPACT

There is no fiscal impact with this action.

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Name Brian Mohan Name Brian Mohan
Title Assistant City Manager/CFO/Treasurer Title Assistant City Manager/CFO/Treasurer

CITY COUNCIL GOALS
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Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and haza rdous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

Community Image, Neighborhood Pride and C leanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks ” on the left hand side of this document for the necessary attachment.

None

APPROVALS

Budget Officer Approval  Approved . 12/30/21 1:05 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 12/30/21 9:01 AM A.20
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Report to City Council

ID#5617 Page 1
TO: Mayor and City Council

FROM: Pat Jacquez-Nares, City Clerk

AGENDA DATE: January 4, 2022

TITLE: 2022 CITY COUNCIL COMMISSION, BOARD, AND INTER-

AGENCY APPOINTMENTS

RECOMMENDED ACTION
Recommendation: That the City Council:

1. Ratify the appointments to the various committees and regional bodies as noted on the 20 22 Council Co mmittee Participation List – terms end December 31, 2022.

SUMMARY

The previous Council Committee Participation appointments were for either six months or one year and have come to their end. Mayor Gutierrez has compiled the new 2022 Council Committee Participation appointments with the terms to end on December 31, 2022 (Attachment A).

NOTIFICATION

The Form 806 (Attachment B) which lists all the paid appointed positions to whic h an official will vote to appoint themselves was posted on the City’s website on December 2, 2021 pursuant to FPPC Regulation 18702.5 and posting of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Pat Jacquez-Nares Pat Jacquez-Nares
City Clerk City Clerk

CITY COUNCIL GOALS
A.22
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None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Attachment A - 2022 Council Committee Participation

2. Attachment B - FPPC Form 806

APPROVALS

Budget Officer Approval  Approved . 12/02/21 2:55 PM City Attorney Approval  Approved .

City Manager Approval  Approved . 12/02/21 3:01 PM

HISTORY:
12/07/21 City Council CONTINUED
Next: 01/04/22
Mayor Gutierrez moved the item to December 21, 2021 and asked City Clerk Jacquez - Nares to email each Council Member to determine which committees they'd like to serve one.

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CITY COUNCIL ADVISORY COMMISSIONS/BOARDS: Primary Alternate Term Arts Commission Cabrera Marquez
12/31/2022
Emerging Leaders Council Cabrera Marquez
12/31/2022
Environmental and Historical Preservation Board Marquez Cabrera 12/31/2022
Library Commission Marquez Cabrera
12/31/2022
Parks, Community Services and Trails Committee Cabrera Delgado 12/31/2022
Senior Citizens’ Board Marquez Cabrera
12/31/2022
Traffic Safety Commission Marquez Delgado
12/31/2022
Utilities Commission Marquez Delgado
12/31/2022
CITY COUNCIL SUBCOMMITTEES:

Economic Development Subcommittee
Appoint 2 Primary
Delgado/Marquez Cabrera
12/31/2022
Finance Subcommittee
Appoint 2 Primary
Gutierrez/Cabrera Delgado
12/31/2022
Citizens Public Safety Committee Delgado Marquez
12/31/2022
Public Safety Subcommittee
Appoint 2 Primary
Delgado/Marquez
12/31/2022
Parks and Community Services Council Committee
Appoint 2 Primary 2 Alternates
Gutierrez/Delgado
12/31/2022
INTER-AGENCY:

March Joint Powers Commission (JPC)
Appoint 2 Primary Delgado/Gutierrez 12/31/2022
School Districts/City Joint Task Force
Appoint 2 Primary Cabrera/Marquez 12/31/2022
Riverside County Habitat Conservation Agency (RCHCA) Cabrera Marquez 12/31/2022 Riverside County Transportation Commission (RCTC) Gutierrez Delgado 12/31/2022 Riverside Transit Agency (RTA) Marquez Gutierrez 12/31/2022 Western Riverside Council of Governments (WRCOG) Delgado Gutierrez 12/31/2022 Western Riverside County Regional Conservation Authority (RCA) Marquez Cabrera 12/31/2022

MAYOR'S RECOMMENDATIONS
2021 COUNCIL COMMITTEE PARTICIPATION
2022

ATTACHMENT A
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Attachment: Attachment A - 2022 Council Committee Participation (2021-150 : 2022 CITY COUNCIL COMMITTEE PARTICIPATION A.22.b
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Attachment: Attachment B - FPPC Form 806 (2021-150 : 2022 CITY COUNCIL COMMITTEE PARTICIPATION APPOINTMENTS) A.22.b
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Attachment: Attachment B - FPPC Form 806 (2021-150 : 2022 CITY COUNCIL COMMITTEE PARTICIPATION APPOINTMENTS)

Report to City Council

ID#5631 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: January 4, 2022

TITLE: AUTHORIZE RENEWAL APP LICATION AND ACCEPT

FUNDING FOR AFTER SC HOOL EDUCATION AND
SAFETY (ASES) GRANT FOR FISCAL YEARS 202 2/23
THROUGH 2024/25

RECOMMENDED ACTION
Recommendation:

1. Authorize the City Manager to submit a renewal application and accept funding for After School Education and Safety (ASES) Grant funds for fiscal years 2022/23 through 2024/25.

SUMMARY

This grant funding would allow the City, in partnership with Think Together, Moreno Valley Unified School District (MVUSD), and Val Verde Unified School District (VVUSD) to continue providing after school expanded learning opportunities for elementary and middle school students in a physically and emotionally safe environment. The estimated grant application will be in the amount of $7,020,157.98.

DISCUSSION

The City of Moreno Valley originally applied for and received ASES Grant funding for fiscal years 2006/07 through 2009/10. The grant has since been renewed four times, for additional three -year cycles, and is currently funded through FY 2021/ 22 in the amount of $7,020,157.98. The after school program offers expanded learning opportunities to over 3,700 students daily, in 43 school sites in the Moreno Valley and Val Verde Unified School Districts. The City has partnered with Think Together to operate all 43 sites since FY 2011/12.

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The focus of the ASES Grant is to provide literacy, academic enrichment, and safe, constructive alternatives for kindergarten through eighth grade students at no cost. The school sites receiving grant funding were chosen based in part on the percentage of students eligible for the free and reduced -price lunch program. The ASES program requires sites to operate after school for a minimum of 15 hours per week, during every regular school day during the school year, b eginning immediately at the conclusion of the regular school day until at least 6:00 p.m., and to offer a daily nutritious snack that meets the requirements of the U.S. Department of Agriculture (USDA) National School Lunch Program for meal supplements.

The program includes an educational and literacy element and an educational enrichment element. The education and literacy element must include tutoring and/or homework assistance designed to help students meet state standards in one or more of the follo wing core academic subjects: language arts, mathematics, history and social science, science, or computer training. The educational enrichment element must offer a range of additional services, programs, and activities that reinforce and complement the re gular academic program of participating students to support positive youth development.

The City intends to continue its partnership with Think Together, MVUSD, and VVUSD to improve the academic performance and scholastic success of students in the program by providing high -quality academic programming during after school hours.

This program benefits the community as a whole.

ALTERNATIVES

1. Authorize the City Manager to submit the renewal application and accept funding for the After School Education an d Safety (ASES) Grant from the California Department of Education for fiscal years 2022/23 through 2024/25. Staff recommends this alternative.

2. Do not authorize the City Manager to submit the renewal application and accept funding for the After School Educ ation and Safety (ASES) Grant from the California Department of Education for fiscal years 2022/23 through 2024/25.

Staff does not recommend this alternative.

FISCAL IMPACT
There is no impact to the General Fund. The proposed grant would fund all progra m expenditures at 100 percent through direct funding for three fiscal years. Think Together will provide an amount of cash or in -kind local funds in an amount not less than one-third of the total awarded grant amount to meet the match requirement. The grant funds are for the provision of after school care only and are restricted to this program. Upon award, funding would be budgeted in the Fund 2202 Operating Budget.

Description Fund GL Account No. Type
(Rev/Exp)
FY 22/23
Budget
Proposed
Adjustments
FY 22/23
Amended
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Budget
Receipt of Grant ASES 2202-50-92-75312-486000 Rev $6,125,792 $894,365.98 $7,020,157.98 Contract Services ASES 2202-50-92-75312-625099 Exp $5,951,489 $894,365.98 $6,845,854.98

NOTIFICATION

Posting of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Lee Withers Jeremy Bubnick
Senior Management Analyst Parks & Community Services Director

CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernmental relationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.

Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal polic ies to support essential City services, regardless of economic climate.

Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

B.5
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None

APPROVALS

Budget Officer Approval  Approved . 12/13/21 7:36 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 12/13/21 8:32 AM B.5
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Report to City Council

ID#5487 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: January 4, 2022

TITLE: SECOND READING AN D ADOPTION OF ORDINA NCE
NO. CSD 56, AN ORDINANCE OF THE MORENO VALLEY

COMMUNITY SERVICES D ISTRICT OF THE CITY OF

MORENO VALLEY DESIGN ATING THE FUTURE

ANNEXATION AREA FOR ITS COMMUNITY FACIL ITIES
DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) AND

TAKING CERTAIN RELATED ACTIONS

RECOMMENDED ACTION
Recommendation:

Conduct the second reading by title only and adopt Ordinance No. CSD 56.

SUMMARY

This item is the second reading of the Ordinance to designate the Future Annexation Area for Community Facilities District (CFD) No. 2021 -01 ( Parks Maintenance ) (the “District”). The Ordinance was introduced at the December 7, 2021 CSD Board meeting.

DISCUSSION

On June 1, 2021, the CSD Board established CFD No. 2021-01 (Parks Maintenance) , pursuant to the Mello-Roos C ommunity Facilities Act of 1982 (the “Act”) . The District provides the development community with an alternative funding tool to satisfy conditions of approval related to park maintenance funding.

To annex into the District, the Act requires the CSD Boar d first adopt a resolution of intention to annex territory. Between 30-60 days thereafter, a Public Hearing is held and property owner ballot counted to determine whether the property owner has authorized B.6
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annexation of their property into the District and the annual levy of a special tax , collected on the property tax bill, to provide the park maintenance funding.

The Act authorizes the CSD Board to designate a future annexation area , which streamlines the annexation process . With a designated future anne xation area, annexations to the District can be completed in the future, without public hearings, “upon the unanimous approval of the owner of owners of each parcel or parcels at the time that the parcel or parcels are annexed.”

On October 19, 2021, the CSD Board adopted a Resolution of Intent to initiate the process of designating the entire City as a future annexation area . On December 7, 2021, the CSD introduced an Ordinance as part of the process . Provided the CSD Board approves tonight’s item, the Or dinance will become effective in 30 -days, allowing developing property owners to use the streamlined annexation process as early as the February 15, 2022 CSD Board meeting.

ALTERNATIVES

1. Conduct the second reading by title only and adopt the Ordinance. Staff recommends this alternative since it will streamline the annexation process for property owners.

2. Provide revisions to the Ordinance and direct staff to restart the adoption process. Staff does not recommend this alternative because it will delay implementation of the streamlined annexation process.

3. Do not adopt the Ordinance . Staff does not recommend this alternative because it may delay the development community from satisfying their conditions of approval.

FISCAL IMPACT

Third party costs associate d with designation of the Future Annexation Area are projected at $ 3,500 for special legal counsel, legal notice publication costs, recording costs, and other related expenses. Sufficient funds exist in the FY 2021/22 Adopted Operating Budget of the Special Districts Administrative Fund 2006-30-79-25701 to fund the costs.

NOTIFICATION
The agenda was posted in accordance with the Brown Act.

PREPARATION OF STAFF REPORT

Prepared by: Department Head Approval:

Candace E. Cassel Brian Mohan
Special Districts Division Manager Assistant City Manager

Concurred by:

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Jeremy Bubnick
Parks & Community Services Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable reve nue base and fiscal policies to support essential City services, regardless of economic climate.

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Ordinance

APPROVALS

Budget Officer Approval  Approved . 12/14/21 9:03 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 12/14/21 12:59 PM B.6
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1 Ordinance No. CSD ____
Date Adopted: January 4, 2022

ORDINANCE NO. CSD ____

AN ORDINANCE OF THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO

VALLEY, CALIFORNIA, PROVIDING FOR FUTURE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 ( PARKS

MAINTENANCE)

The Moreno Valley Community Services District of the City of Moreno Valley, California, acting as the legislative body of Community Facilities District No. 2021 -01 (Parks Maintenance), does hereby ordain as follows:

SECTION 1. FINDINGS

A. The Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”) authorizes the Board of Directors (the “CSD Board”) of the Moreno Valley Community Services District (the “CSD”) to establish a community facilities district to finance certain services within the district.

B. Section 53339.7(a) of the Act authorizes the CSD Board , following a properly noticed public hearing, to provide for the future annexation of territory to a community facilities district. Such des ignation permits the annexation of a territory within the future annexation area, without additional hearings, upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed.

C. By its Resolution No. CSD 2021-22, adopted on June 1, 2021, the CSD Board established its Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”).

D. By its Ordinance No. CSD 55 , adopted on June 15, 2021 (the “Special Tax Ordinance”), the CSD Board levied an annual special tax (the “Special Tax”) pursuant to Section 5340 of the Act against all non-exempt parcels of real property within the CFD.

E. By its Resolution No. CSD 2021-36, adopted on October 19, 2021 (the “Resolution of Intention”), the CSD Board declared its intention to provide for future annexation of territory to the CFD.

F. The proposed future annexation area, which constitutes the entire territory of the City aside from the territory currently constituting the CFD, is shown on the map titled “Annexation Map No. 4 of Community Facilities B.6.a
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Attachment: Ordinance (5487 : SECOND READING AND ADOPTION OF ORDINANCE NO. CSD __, AN ORDINANCE OF THE MORENO VALLEY

2 Ordinance No. CSD ____
Date Adopted: January 4, 2022
District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, State of California (Territory proposed for annexation in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed)” (“Annexation Map No. 4”). Annexation Map No. 4 is recorded in Book 87 of Maps of Assessment and Community Facilities Districts at page 81, in the office of the County Recorder for the County of Riverside, State of California and is on file in the Office of the City Clerk, available for public inspection, and incorporated herein by reference.

G. On December 7, 2021, at 6:00 PM (or as soon thereafter as practical), in the City Council Chamber located at 14177 Frederick Street, Moreno Valley, California 92553, the CSD Board held a full and fair public hearing (the “Hearing”) on the designation of the territory shown on Annexation Map No. 4 for annexation to the CFD in the future.

H. Notice of the Hearing was published pursuant to Section 53339.4 of the Act in the November 30, 2021 edition of The Press-Enterprise.

I. At the Hearing, the CSD Board heard oral and written testimony from all those wishing to provide such testimony. There was no majority protest (as defined by Section 53339.3 of the Act) against the proposed addition of territory to the CFD in the future.

J. The CSD Board now desires to provide for the future annexation of territory to the CFD.

SECTION 2. PROVISION FOR ANNEXATION IN THE FUTURE:

The CSD Board hereby provides for the annexation to the CFD of the territory shown on Annexation Map No. 4 upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings.

SECTION 3. TAX

The CSD Board hereby provides for the levy of special taxes on parcels that will be annexed to the co mmunity facilities district pursuant to Section 2 of this Ordinance.

Such special taxes shall be apportioned and collected in the manner specified in the Special Tax Ordinance at a rate that shall not exceed the rate consented to by the owners of each parcel at the time of its annexation.

SECTION 4. SEVERABILITY

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Attachment: Ordinance (5487 : SECOND READING AND ADOPTION OF ORDINANCE NO. CSD __, AN ORDINANCE OF THE MORENO VALLEY

3 Ordinance No. CSD ____
Date Adopted: January 4, 2022
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The CSD Board hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phases hereof be declared invalid or unconstitutional.

SECTION 5. NOTICE OF ADOPTION:

Within fifteen days after the date of adoption hereof, the Secretary of the CSD (the City Clerk of the City o f Moreno Valley) shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.

SECTION 6. EFFECTIVE DATE:

This ordinance shall take effect thirty days after the date of its adoption.

APPROVED AND ADOPTED this 4th day of January 2022.

_________________________________
Mayor of the City of Moreno Valley,
Acting in the capacity of President of the
Moreno Valley Community Services District

ATTEST:

______________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District

APPROVED AS TO FORM:

______________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District

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Attachment: Ordinance (5487 : SECOND READING AND ADOPTION OF ORDINANCE NO. CSD __, AN ORDINANCE OF THE MORENO VALLEY

4 Ordinance No. CSD ____
Date Adopted: January 4, 2022

ORDINANCE JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Pat Jacquez -Nares, Secretary of the Moreno Valley Community Services District, Moreno Valley, California, do hereby certify that Ordinance No. CSD ___had its first reading on December 7, 2021, and had its second reading on January 4, 2022 and was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District, at a regular meeting held on the 4th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Board Members, Vise-President and President)

_______________________________

PAT JACQUEZ-NARES, SECRETARY

(SEAL)

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Attachment: Ordinance (5487 : SECOND READING AND ADOPTION OF ORDINANCE NO. CSD __, AN ORDINANCE OF THE MORENO VALLEY

Report to City Council

ID#5659 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: January 4, 2022

TITLE: AUTHORIZE FISCAL YEA R 2022 -23 CONTINUED

FUNDING APPLICATION FOR CHILD DEVELOPMEN T

PROGRAM FUNDS FROM T HE CALIFORNIA

DEPARTMENT OF SOCIAL SERVICES AND ACCEPT

FUNDING TO OPERATE C HILD CARE SERVICES F OR
FISCAL YEAR 2022 -23 AND ADOPT A RE SOLUTION TO

CERTIFY APPROVAL OF THE GOVERNING BOARD

RECOMMENDED ACTION
Recommendations:

1. Authorize the submission of a Continued Funding Application for Child Care Development Program Funds from the California Department of Social Services for fiscal year 2022-23; and

2. Upon approval of the Continued Funding Application, authorize acceptance of child development program funds in the approved amount and any subsequent amendments for Fiscal Year (FY) 2022 -23 from the California Department of Social Services for the purpose of providing school age child care and development services and authorize the Chief Financial Officer ( CFO) to make minor modifications to the budget, based on the final contract amount (which could me more or less than estimated); and

3. Adopt Resolution No. CSD 2022 -___. A resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, certifying approval of the governing board to enter into this transaction with the California Department of Social Services for providing child care and development services B.7
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and to authorize designated personnel to sign contract documents for FY 2022 -

23. SUMMARY

This report recommends authorization to submit a Continued Funding Application (CFA) and upon approval of the CFA, acceptance of Child Development Program Funds to continue operation of A Child’s Place licensed after -school child care program during fiscal year 2022-23. This program is supported by child development funds, parent fees, and food program revenue. C hild development operating revenue is a combination of federal and state funding.

DISCUSSION

The focus of the initial program application submitted by the City of Moreno Valley Parks and Community Services Department was based on high demand assessed by the Department within its own programs. This included the need for after -school care during the traditional school year and full day care on school vacation days. The program, called “A Child’s Place,” operates in five elementary schools: Armada, Creekside, Rainbow Ridge, and Sunnymead during the school year, and Val Verde Academy during school breaks.

Since January 1997, “A Child’s Place” has served low -income parents who work, are seeking employment or going to school, by providing after -school child care for up to 142 children from kindergarten through 12 years of age. The program fosters healthy social and emotional development of children by providing structured activities that are fun and challenging for the children.

Programming for the children includes a daily nutritious snack, arts and crafts, indoor and outdoor games, story time, homework time, and social time. The program also includes field trips with bus transportation, parent conferences, and special parenting classes and programs on topi cs including health issues, substance abuse, nutrition, personal safety, community awareness, literacy, and more. The program works closely with parents and school site staff to incorporate applicable school rules into the program and provide emotional support for children.

A Child’s Place normally operates at school sites between the hours of 11:30 a.m. and 6:00 p.m. on school days, and 7:00 a.m. to 6:00 p.m. on school vacation days, Monday through Friday.

ALTERNATIVES

1. Approve the recommendations as listed in this staff report. Staff recommends this alternative as it will allow for continued child care and development services to school age children.

2. Do not approve the recommendations as listed in this staff report. Staff does not B.7
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recommend this alternative.

FISCAL IMPACT

There is no impact to the General Fund. The proposed child development contract funds expenditures on a cost reimbursement basis. Contract funding (federal and state), program fees, and food program revenue are used to provid e licensed school - age child care and development services , and are restricted to this program. The two- year adopted budget estimated revenues and expenses of $828,600. As stated in the recommendation item two, the CFO will make the necessary budget adjus tments based on the final contract received from the California Department of Social Services.

NOTIFICATION

Posting of the Agenda

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Lee Withers Jeremy Bubnick
Senior Management Analyst Parks & Community Services Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 5.5: Promote a healthy community and lifestyle.

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Objective 6.2: Improve health, wellness and fitness for Moreno Valley youth through recreation and sports programs.

ATTACHMENTS
To view large att achments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution No. CSD 2022 -____ for Child Development Program Funds from CA Dept of Social Services

APPROVALS

Budget Officer Approval  Approved . 12/27/21 4:57 PM City Attorney Approval  Approved .

City Manager Approval  Approved . 12/28/21 11:51 AM B.7
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1 Resolution No. CSD 2022-
Date Adopted: January 4, 2022

RESOLUTION NO. CSD 2022-

A RESOLUTION OF THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY,

CALIFORNIA, CERTIFYING APPROVAL OF THE

GOVERNING BOARD TO ENTER INTO THIS

TRANSACTION WITH THE CALIFORNIA DEPARTMENT OF

SOCIAL SERVICES FOR THE PURPOSE OF PROVIDING

CHILD CARE AND DEVELOPMENT SERVICES AND TO

AUTHORIZE DESIGNATED PERSONNEL TO SIGN
CONTRACT DOCUMENTS FOR FY 2022-23

WHEREAS, the Moreno Valley Community Services District Board of Directors desires to provide school age child care services to the citizen s of Moreno Valley during FY 2022-23; and

WHEREAS, the Moreno Valley Community Services District Board of Directors further desires to enter into this transaction with the California Department of Social Services for the purpose of providing child care and development services; and

WHEREAS, the Moreno Valley Community Services District Board of Directors authorizes the persons serving in the positions listed below to sign contract documents for the Governing Board

Titles

Parks & Community Services Director

Parks & Community Services Deputy Director
Chief Financial Officer/City Treasurer

NOW, THEREFORE, THE MORENO VALLEY COMMUNITY SERVICES

DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Accept child development pr ogram funds from the California Department of Social Services , in the approved amount and any subsequent funding through future amendments to provide child care services for FY 2022-23; and

2. Adopt a resolution to certify the approval of the Governing Board to enter into a contract and any subsequent amendments for FY 2022- 23, with the California Department of
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Attachment: Resolution No. CSD 2022-____ for Child Development Program Funds from CA Dept of Social Services (5659 : AUTHORIZE FISCAL 2 Resolution No. CSD 2022-
Date Adopted: January 4, 2022

Social Services for the purpose of providing child care and development services; and

3. Authorize designated personnel to sign contract documents on behalf of the Governing Board for FY 2022-23.

APPROVED AND ADOPTED this 4th day of January, 2022.

Mayor of the City of Moreno Valley,
acting in the capacity of President of the Board
of Directors of the Moreno Valley Community
Services District

ATTEST:

City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District

APPROVED AS TO FORM:

Interim City Attorney, acting in the capacity
of General Legal Counsel of the Moreno
Valley Community Services District
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Attachment: Resolution No. CSD 2022-____ for Child Development Program Funds from CA Dept of Social Services (5659 : AUTHORIZE FISCAL 3 Resolution No. CSD 2022-
Date Adopted: January 4, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Pat Jacquez -Nares, Secretary of the Moreno Valley Community Services District, Moreno Valley, California, do hereby certify that Resolution No. CSD 2022-____ was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 4th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PAT JACQUEZ- NARES, SECRETARY

(SEAL)
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Attachment: Resolution No. CSD 2022-____ for Child Development Program Funds from CA Dept of Social Services (5659 : AUTHORIZE FISCAL

Report to City Council

ID#5644 Page 1
TO: Mayor and City Council Acting in its Capacity as
Chairman and Commissioners of the Moreno Valley
Housing Authority (HA)

FROM: Brian Mohan, Assistant City Manager
Steve Quintanilla, Interim City Attorney

AGENDA DATE: January 4, 2022

TITLE: APPROVAL OF RESOLUTIONS DEC LARING HOUSING

AUTHORITY OWNED PROP ERTY IS DESIGNATED A S

SURPLUS LAND AND NOT NECESSARY FOR THE

AUTHORITY'S USE AT T HIS TIME, FINDING TH AT SUCH

DECLARATION IS EXEMP T FROM ENVIRONMENTAL

REVIEW UNDER THE CAL IFORNIA ENVIRONMENTA L

QUALITY A CT, AND TAKING RELAT ED ACTIONS IN

CONFORMANCE WITH THE SURPLUS LAND ACT,
CALIFORNIA GOVERNMENT CODE § 54221

RECOMMENDED ACTION
Recommendations: That the City Council and Housing Authority:

1. Adopt Resolution HA 2022-___. A resolution of the City Council of the City of Moreno Valley, California, declaring pursuant to California Government Code § 54221 that the real property (APN 482 -161-026) located north of Cottonwood Avenue on the east side of Indian Street is designated as surplus land and not necessary for the Authority’s use at this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and taking related actions.

2. Adopt Resolution HA 2022-___. A resolution of the City Council of the Ci ty of Moreno Valley, California, declaring pursuant to California Government Code § 54221 that the real property (APN 48 1-270-058) located on Eucalyptus Avenue east of Heacock Street is designated as surplus land and not necessary for the Authority’s use a t this time, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and taking related actions.

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SUMMARY

This report recommends adoption of two (2) resolutions of the City Council and the Housing Authority.

Resolutions concerns that certain real property owned in fee by the Moreno Valley Housing Authority (the “Authority”) designated as APN 482 -161-026 and APN 481-270- 058 as more particularly described in Exhibit “A” (see attachments 2 and 4) to the attached Resolutions (the -“Authority Land”). Approval of the attached Resolutions will confirm the Authority’s declaration that the Authority Land is surplus (only so far as defined within the California Surplus Land Act) and authorize the initiatio n of the notification process to local public agencies and certain housing sponsors as further described herein.

DISCUSSION

Pursuant to the California Surplus Land Act, Government Code (the “GC”) §§ 54220 - 54333 (the “Act”), as amended by AB 1486 (Chapter 664, Statutes of 2019; “AB 1486”) and Guidelines promulgated thereunder by the California Department of Housing and Community Development (the “HCD”) dated as of April 2021 (the “Guidelines”), in order for the Authority Land to be disposed of, whether for the development of affordable housing or otherwise, such land must first be made available under a process set forth in the Act and expounded upon by the Guidelines; that process requires that a notice be given calling for written notices of interest afte r the public entity owner has designated such land as surplus by the taking of a formal action at a public meeting of such public agency.

Pursuant to the Act, land is necessary for the Authority’s use if the land is being used, or is planned to be used, p ursuant to a written plan adopted by the Authority, for Authority work or operations, but ignores other traditional core purposes (e.g., creating affordable housing). The Act does not exempt affordable housing-designated land held by housing authorities f rom the Act’s very narrow definition of surplus land, which results in requiring the designation of real property held by housing authorities for the purpose of creating affordable housing as surplus land for the purposes of the Act only.

The Authority Land was acquired for the purpose of creating affordable housing and is therefore necessary and essential for the Authority’s core uses and purposes and while the goals of the Authority related to creating affordable housing have not changed, the Act together with the Guidelines nevertheless require the conduct of a process calling for written notices of interest.

If approved, the attached Resolutions will confirm the Authority’s declaration that the Authority Land is surplus (only so far as defined within t he Act) and authorize the initiation of the notification process to local public agencies as prescribed by the Act and to housing sponsors as promulgated by HCD pursuant to the Act and the Guidelines. Failure to follow the procedure described in the Act a nd expounded upon by the Guidelines for providing a notice of availability of surplus land and related C.5
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actions, may subject the Authority to financial and other penalties and measures and may frustrate the ability of the Authority to further its achievement of creating affordable housing.

Per Moreno Valley Municipal Code, Title 9, Planning and Zoning, Article I., Special Districts in General, Chapter 9.07.030, Public District (P), the Authority Land is zoned Public Facilities, which in general provides for public and institutional uses. The Act, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land before the Authority may take action to dispose of it consistent with the Authority’s polici es or procedures, even if such disposition is for the Authority’s core purpose of creating affordable housing. The Act does not impose any mandates or timeframes with respect to the disposition of real property.

GC § 54222, requires the Authority, if it declares land it owns to be surplus and not necessary for the Authority’s use (only so far as defined within the Act), to provide written notice thereof to certain local public agencies and housing sponsors (the “Designated Parties”), the form of such noti fication is included as Exhibit “B” to the attached Resolution s (the “Notification Process”). The Notification Process concerns only the Designated Parties and no other party may receive a notice and no other party may participate in the Notification Proc ess. The Notification Process provides the Designated Parties a 60 -day opportunity to request to negotiate for the disposition of the Authority Land consistent with parameters for such negotiations provided by the Act.

The Notification Process is not a r equest for proposals, does not bind the Authority to any Authority Land disposition and does not supersede the applicable provisions of the Moreno Valley Municipal Code Zoning. In addition to the foregoing, the HCD has certain oversight authority over neg otiations with Designated Parties, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the Act.

Consistent with the foregoing, City Staff recommends that the Authority declare the Authority Land t o be surplus and not necessary for the Authority’s use (only so far as defined within the Act). Approval of the attached Resolution s will confirm the Authority’s declaration that the Authority Land is surplus and not necessary for the Authority’s use (onl y so far as defined within the Act) at this time and authorize the initiation of the Notification Process as prescribed by the Act.

In addition, pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the “CEQA”) Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387), approval of the attached Resolution s is exempt from CEQA because the actions described herein will not result in a direct or indirect physical change in the environment and the actio ns described herein are not a “Project”, as defined within § 15378 of the CEQA Guidelines.

Any agreement for the sale of property would be brought to the City Council for consideration at a future date.

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At this time, two parcels have been identified as surplus (Attachment 1).

ALTERNATIVES

1. Approve the proposed resolutions declaring the Authority Land, in conformance with the Act, as Surplus Land (only so far as defined within the Act) . Staff recommends this alternative as it will allow the Authority to comply with the Act.

2. Do not approve the proposed resolutions declaring Authority Land, in conformance with the Act, as Surplus Land (only so far as defined within the Act).

Staff does not recommend this alternative as it will not allow the Authority to comply with the Act.

FISCAL IMPACT

None.

NOTIFICATION
The public has been notified through the publication of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Dena Heald Brian Mohan,
Deputy Finance Director Assistant City Manager
Chief Financial Officer/City Treasurer

Concurred By:

Steve Quintanilla
Interim City Attorney

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
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To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution HA 2022-xx Declaring APN 482-161-026 Surplus Property

2. Aerial MAP_Notice of Availability of Surplus Land 482-161-026

3. Resolution HA 2022-xx Declaring APN 481-270-058 Surplus Property

4. Aerial MAP_Notice of Availability of Surplus Land 481-270-058

APPROVALS

Budget Officer Approval  Approved . 12/27/21 4:14 PM City Attorney Approval  Approved .

City Manager Approval  Approved . 12/28/21 11:47 AM C.5
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Resolution HA 2022-__

RESOLUTION NO. HA 2022-__

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

MORENO VALLEY HOUSING AU THORITY, CALIFORNIA,

DECLARING PURSUANT TO CALIFORNIA GOVERNMENT
CODE § 54221 THAT THE REAL PROPERTY (APN 482-161-
026) LOCATED NORTH OF COTTONWOOD AVENUE ON

THE EAST SIDE OF INDIAN STREET IS DESIGNATED AS

SURPLUS LAND AND NOT NECESSARY FOR THE
AUTHORITY’S USE AT THIS TIME, FINDING THAT SUCH

DECLARATION IS EXEMPT FROM ENVIRONMENTAL

REVIEW UND ER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT, AND TAKING RELATED ACTIONS
WHEREAS, this Resolution concerns that certain real property owned in fee by the Moreno Valley Housing Authority (the “Authority”) designated as APN 482-161-026 consisting of approximately 1.61 acres vacant land located north of Cottonwood Avenue on the east side of Indian Street as more particularly described in Exhibit “A” to this Resolution (the “Authority Land”); and
WHEREAS, pursuant to the California Surplus Land Act, Government Code (the “GC”) §§ 54220-54333 (the “Act”), as amended by AB 1486 (Chapter 664, Statutes of 2019; “AB 1486”) and Guidelines promulgated thereunder by the California Department of Housing and Community Development (the “HCD”) dated as of April 2021 (the “Guidelines”), in order for the Authority Land to be disposed of, whether for the development of affordable housing or otherwise, such land must first be made available under a process set forth in the Act and expounded upon by the Guidelines; that process requires that a notice be given calling for written notices of interest after the public entity owner has designated such land as surplus by the taking of a formal action at a public meeting of such public agency; and
WHEREAS, pursuant to the Act, land is necessary for the Authority’s use if the land is being used, or is planned to be used , pursuant to a written plan adopted by the Authority, for Authority work or operations, but ignores other traditional core purposes (e.g., creating affordable housing); and
WHEREAS, the Act does not exempt affordable housing-designated land held by housing authorities from the Act’s very narrow definition of surplus land, which results in requiring the designation of real property held by housing author ities for the purpose of creating affordable housing as surplus land for the purposes of the Act only; and WHEREAS, the Authority Land was acquired for the purpose of creating affordable housing and is therefore necessary and essential for the Authority’s core uses and purposes and while the goals of the Authority related to creating affordable housing have not changed, the Act together with the Guidelines nevertheless require the conduct of a process calling for written notices of interest; and C.5.a
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Attachment: Resolution HA 2022-xx Declaring APN 482-161-026 Surplus Property [Revision 3] (5644 : APPROVAL OF RESOLUTIONS Resolution HA 2022-__

WHEREAS, if approved, this Resolution will confirm the Authority’s declaration that the Authority Land is surplus (only so far as defined within the Act) and authorize the initiation of the notification process to local public agencies as prescribed by the Act and to housing sponsors as promulgated by HCD pursuant to the Act and the Guidelines; and WHEREAS, failure to follow the procedure described in the Act and expounded upon by the Guidelines for providing a notice of availability of surplus land and related actions, may subject the Authority to financial and other penalties and measures and may frustrate the ability of the Authority to further its achievement of creating affordable housing; and
WHEREAS, per Moreno Valley Municipal Code, Title 9, Planning and Zoning, Article I., Special Districts in General, Chapter 9.07.030, Public District (P), the Authority Land is zoned Public Facilities, which in general provides for public and institutional uses; and
WHEREAS, the Act, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land before the Authority may take action to dispose of it consistent with the Authority’s policies or procedures, even if such disposition is for the Authority’s core purpose of creating affordable housing; and WHEREAS, the Act does not impose any mandates or timeframes with respect to the disposition of real property; and
WHEREAS, GC § 54222, requires the Authority, if it declares land it owns to be surplus and not necessary for the Authority’s use (only so far as defined within the Act), to provide written notice thereof to certain local public agencies and housing sponsors (the “Designated Parties”), the form of such notification is included as Exhibit “B” to this Resolution (the “Notification Process”); and
WHEREAS, the Notification Process concerns only the Designated Parties and no other party may receive a notice and no other party may participate in the Notification Process; and
WHEREAS, the Notification Process provides the Designated Parties a 60 -day opportunity to request to negotiate for the disposition of the Authority Land consistent with parameters for such negotiations provided by the Act; and WHEREAS, the Notification Process is not a request for proposals, does not bind the Authority to any Authority Land disposition and does not supersede the applicable provisions of the Moreno Valley Municipal Code Zoning; and WHEREAS, in addition to the foregoing, the HCD has certain oversight authority over negotiations with Designated Parties, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the Act; and C.5.a
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Attachment: Resolution HA 2022-xx Declaring APN 482-161-026 Surplus Property [Revision 3] (5644 : APPROVAL OF RESOLUTIONS Resolution HA 2022-__

WHEREAS, consistent with the foregoing, City S taff recommends that the Authority declare the Authority Land to be surplus and not necessary for the Authority’s use (only so far as defined within the Act); and
WHEREAS, approval of this Resolution will confirm the Authority’s declaration that the Authority Land is surplus and not necessary for the Authority’s use (onl y so far as defined within the Act) at this time and authorize the initiation of the Notification Process as prescribed by the Act; and
WHEREAS, pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the “CEQA”) Guidelines (i.e., Californ ia Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or indirect physical change in the environment and the actions descri bed herein are not a “Project”, as defined within § 15378 of the CEQA Guidelines; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

THEREFORE, BE IT RESOLVED , FOUND, DETERMINED AND ORDERED , by the Governing Board of the Moreno Valley Housing Authority , in regular session assembled on January 4, 2022, in the meeting room of the Board located on the 1st floor of City Hall, 14177 Frederick Street, Moreno Valley, California, as follows:
1) That the Board hereby finds and declares that the above recitals are true and correct and incorporated as though fully set forth herein. 2) The Board hereby declares that the Authority Land is surplus land and not necessary for the Authority’s use (only so far as defined withi n the Act) at this time and authorize the initiation of the Notification Process as prescribed by the Act and as further expounded upon by the Guidelines. 3) This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) (the “CEQA”). City staff has determined that the designation of the Authority Land as surplus (only so far as defined within the Act) does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines § 15060(c)(3) because it is not a project as defined by the CEQA Guidelines § 15378. Adoption of the Resolution does not have the potential for resulting in either a direct or indirect physical change in the environment.

If and when the Authority Land is sold or leased and that buyer or lessee proposes a use for the Authority Land that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
4) The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines § 15062.

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Attachment: Resolution HA 2022-xx Declaring APN 482-161-026 Surplus Property [Revision 3] (5644 : APPROVAL OF RESOLUTIONS Resolution HA 2022-__

5) City/Authority Staff, through the City Manager /Executive Director , or designee, are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously t aken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act and the Guidelines with any of the Designated Parties that submit a written notice of interest as to the disposition of the Authority Land in compliance with the Act. 6) This Resolution shall take effect upon the date of its adoption.

APPROVED AND ADOPTED this 4th day of January, 2022.

Dr. Yxstian Gutierrez
Chairman, Governing Board of the
Moreno Valley Housing Authority

ATTEST:

Pat Jacquez-Nares, City Clerk

APPROVED AS TO FORM:

Steven B. Quintanilla, City Attorney

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RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Pat Jacquez-Nares, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. HA 2022 - was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 4th day of January, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

Pat Jacquez-Nares, City Clerk

(SEAL)

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EXHIBIT “A”

DESCRIPTION OF PROPERTY

The real property in the City of Moreno Valley, County of Riverside, State of California, described as follows:

Parcel No. 1 of Parcel Map No. 8073, in the City of Moreno Valley, as recorded in Parcel Map Book 30, Page 20, records of Riverside County, State of California, lying wi thin Section 7, Township 3 South, Range 3 West, San Bernardino Meridian.

EXCEPTING THEREFROM that portion of said Parcel No. 1, granted to Courtyards at Cottonwood, L.P., a California limited partnership, per Grand Deed recorded August 10, 2020, Doc # 2020-0362470, records of said County.

APN 482-161-026
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EXHIBIT “B”

NOTICE OF AVAILABILITY OF SURPLUS LAND
(Via Email)

Date: January 5, 2022

TO: Interested Local Agencies and Housing Sponsors

RE: Notice of Availability of Surplus Land in the City of Moreno Valley Pursuant to California Government Code § 54220, et seq.

Pursuant to the provisions of California Government Code § 54220, et seq., the Moreno Valley Housing Authority (“Authority”) hereby notifies interested local agencies and housing sponsors (“Designated Parties”) of the availability for lease or purchase of the following surplus Authority-owned land (“Property”):

Property Addresses: None: Approximately 1.61 acres of vacant land located north of Cottonwood Avenue on the east side of Indian Street
Assessor’s Parcel Nos.: APN 482-161-026 (“Authority Land”) Zoning: Public Facilities (P)
General Plan Designation: Public Facilities (P)
Current Use: 1 vacant lot

Copies of the aerial image and assessor map showing and depicting the Property are attached. Per Moreno Valley Municipal Code, Title 9, Planning and Zoning, Article I., Special Districts in General, Chapter

9.07.030, Public District (P), the A uthority Land is zoned Public Facilities, which in general provides for public and institutional uses. The Property is vacant and lacks access to a street. In addition, the Designated Parties are also notified that the Property is subject to certain disp osition procedures and affordability requirements of the Authority together with those associated with the funding sources used to acquire the parcels comprising the Property.

A Designated Party desiring to purchase or lease the Property for any of the purposes authorized by Government Code § 54222, must file a written notice of interest with the representative designated below by the Designated Parties within 60 days from the date of this Notice of Availability as conf irmed by the date set forth below (since the 60th day falls on a weekend, the submission date has been extended to the following Monday). Designated Parties proposing to submit a notice of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code §§ 54220-54234).

Please send written notices of interest via e-mail to:

Dena Heald, Deputy Finance Director, Financial & Management Services 14177 Frederick Street
PO Box 88005
Moreno Valley, California 92552
[email protected]

With copies to:

Steven H. Dukett, Development Consultant to the Authority 2305 Chicago Avenue
Riverside, California 92507
[email protected]

For further information, please contact Mr. Steven H. Dukett, Managing Director of Development Services, TKE Engineering, Inc. (development consultant to Authority), at (909) 967 -8205 or [email protected].

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Consistent with the foregoing, the final day to submit a written statement of interest to either lease or purchase the Property is Monday, March 7, 2022 by 5:00 PM.

Attachments (Aerial Image and Assessor Maps)

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Attachment: Resolution HA 2022-xx Declaring APN 482-161-026 Surplus Property [Revision 3] (5644 : APPROVAL OF RESOLUTIONS Attachment No. 1
APN 482-161-026

COTTONWOOD AVENUE

INDIAN STREET

ONEIDA STREET MYRNA STREET

JOANN STREET

MORENO VALLEY COMMUNITY

ADULT SCHOOL

MARCH MOUNTAIN HIGH
SCHOOL
APN 482-161-026
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Resolution HA 2022-__

RESOLUTION NO. HA 2022-__

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

MORENO VALLEY HOUSING AU THORITY, CALIFORNIA,

DECLARING PURSUANT TO CALIFORNIA GOVERNMENT
CODE § 54221 THAT THE REAL PROPERTY (APN 481-270-
058) LOCATED ON EUCALYPTUS AVENUE EAST OF

HEACOCK STREET IS DESIGNATED AS SURPLUS LAND
AND NOT NECESSARY FOR THE AUTHORITY’S USE AT

THIS TIME, FINDING THAT SUCH DECLARATION IS

EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND

TAKING RELATED ACTIONS
WHEREAS, this Resolution concerns that certain real property owned in fee by the Moreno Valley Housing Authority (the “Authority”) designated as APN 481-270-058 consisting of approximately 1.40 acres of vacant land located on Eucalyptus Avenue east of Heacock Street as more particularly described in Exhibit “A” to this Resolution (the “Authority Land”); and
WHEREAS, pursuant to the California Surplus Land Act, Government Code (the “GC”) §§ 54220-54333 (the “Act”), as amended by AB 1486 (Chapter 664, Statutes of 2019; “AB 1486”) and Guidelines promulgated thereunder by the California Department of Housing and Community Development (the “HCD”) dated as of April 2021 (the “Guidelines”), in order for the Au thority Land to be disposed of, whether for the development of affordable housing or otherwise, such land must first be made available under a process set forth in the Act and expounded upon by the Guidelines; that process requires that a notice be given calling for written notices of interest after the public entity owner has designated such land as surplus by the taking of a formal action at a public meeting of such public agency; and
WHEREAS, pursuant to the Act, land is necessary for the Authority’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the Authority, for Authority work or operations, but ignores other traditional core purposes (e.g., creating affordable housing); and
WHEREAS, the Act does not exempt affordable housing-designated land held by housing authorities from the Act’s very narrow definition of surplus land, which results in requiring the designation of real property held by housin g authorities for the purpose of creating affordable housing as surplus land for the purposes of the Act only; and WHEREAS, the Authority Land was acquired for the purpose of creating affordable housing and is therefore necessary and essential for the Authority’s core uses and purposes and while the goals of the Authority related to creating affordable housing have not changed, the Act together with the Guidelines nevertheless require the conduct of a process calling for written notices of interest; and C.5.c
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WHEREAS, if approved, this Resolution will confirm the Authority’s declaration that the Authority Land is surplus (only so far as defined within the Act) and authorize the initiation of the notification process to local public agencies as prescribed by the Act and to housing sponsors as promulgated by HCD pursuant to the Act and the Guidelines; and WHEREAS, failure to follow the procedure described in the Act and expounded upon by the Guidelines for providing a notice of availability of surplus land and rela ted actions, may subject the Authority to financial and other penalties and measures and may frustrate the ability of the Authority to further its achievement of creating affordable housing; and
WHEREAS, per Moreno Valley Municipal Code, Title 9, Planning and Zoning , Chapter 9.13, Specific Plans, the Authority Land is located within Specific Plan area 204- The Village and is zoned Village Residential (VR); and
WHEREAS, the Act, as expounded upon by the Guidelines, provides that such land shall be declared either surplus land or exempt surplus land before the Authority may take action to dispose of it consistent with the Authority’s policies or procedures, even if such disposition is for the Authority’s core purpose of creating affordable housing; and WHEREAS, the Act does not impose any mandates or timeframes with respect to the disposition of real property; and
WHEREAS, GC § 54222, requires the Authority, if it declares land it owns to be surplus and not necessary for the Authority’s use (only so far as defined within the Act), to provide written notice thereof to certain local public agencies and housing sponsors (the “Designated Parties”), the form of such notification is included as Exhibit “B” to this Resolution (the “Notification Process”); and
WHEREAS, the Notification Process concerns only the Designated Parties and no other party may receive a notice and no other party may participate in the Notification Process; and
WHEREAS, the Notification Process provides the Designated Parties a 60 -day opportunity to request to negotiate for the disposition of the Authority Land consistent with parameters for such negotiations provided by the Act; and WHEREAS, the Notification Process is not a request for proposals, does not bind the Authority to any Authority Land disposition and does not supersede the applicable provisions of the Moreno Valley Municipal Code Zoning; and WHEREAS, in addition to the foregoing, the HCD has certain oversight authority over negotiations with Designated Parties, if any, for the purpose of confirming that such negotiations were conducted within the parameters described in the Act; and WHEREAS, consistent with the foregoing, City S taff recommends that the Authority declare the Authority Land to be surplus and not necessary for the Authority’s use (only so far as defined within the Act); and
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WHEREAS, approval of this Resolution will confirm the Authority’s declaration that the Authority Land is surplus and not necessary for the Authority’s use (onl y so far as defined within the Act) at this time and authorize the initiation of the Notification Process as prescribed by the Act; and
WHEREAS, pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the “CEQA”) Guidelines (i.e., Californ ia Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387), approval of this Resolution is exempt from CEQA because the actions described herein will not result in a direct or indirect physical change in the environment and the actions descri bed herein are not a “Project”, as defined within § 15378 of the CEQA Guidelines; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

THEREFORE, BE IT RESOLVED , FOUND, DETERMINED AND ORDERED , by the Governing Board of the Moreno Valley Housing Authority , in regular session assembled on January 4, 2022, in the meeting room of the Board located on the 1st floor of City Hall, 14177 Frederick Street, Moreno Valley, California, as follows:
1) That the Board hereby finds and declares that the above recitals are true and correct and incorporated as though fully set forth herein. 2) The Board hereby declares that the Authority Land is surplus land and not necessary for the Authority’s use (only so far as defined withi n the Act) at this time and authorize the initiation of the Notification Process as prescribed by the Act and as further expounded upon by the Guidelines. 3) This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) (the “CEQA”). City staff has determined that the designation of the Authority Land as surplus (only so far as defined within the Act) does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines § 15060(c)(3) because it is not a project as defined by the CEQA Guidelines § 15378. Adoption of the Resolution does not have the potential for resulting in either a direct or indirect physical change in the environment.

If and when the Authority Land is sold or leased and that buyer or lessee proposes a use for the Authority Land that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
4) The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines § 15062.
5) City/Authority Staff, through the City Manager /Executive Director , or designee, are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this C.5.c
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Resolution, and any such actions previously t aken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act and the Guidelines with any of the Designated Parties that submit a written notice of interest as to the disposition of the Authority Land in compliance with the Act. 6) This Resolution shall take effect upon the date of its adoption.

APPROVED AND ADOPTED this 4th day of January, 2022.

Dr. Yxstian Gutierrez
Chairman, Governing Board of the
Moreno Valley Housing Authority

ATTEST:

Pat Jacquez-Nares, City Clerk

APPROVED AS TO FORM:

Steven B. Quintanilla, City Attorney

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RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Pat Jacquez-Nares, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. HA 2022 - was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 4th day of January, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

Pat Jacquez-Nares, City Clerk

(SEAL)

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EXHIBIT “A”

DESCRIPTION OF PROPERTY

The real property in the City of Moreno Valley, County of Riverside, State of California, described as follows:

Parcel 3 of Parcel Map Number 28871, as shown on map recorded in Book 194 of Parcel Maps, Pages 50-51, inclusive, in the Office of the Recorder of the County of Riverside, State of California.

APN 481-270-058
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EXHIBIT “B”

NOTICE OF AVAILABILITY OF SURPLUS LAND
(Via Email)

Date: January 5, 2022

TO: Interested Local Agencies and Housing Sponsors

RE: Notice of Availability of Surplus Land in the City of Moreno Valley Pursuant to California Government Code § 54220, et seq.

Pursuant to the provisions of California Government Code § 54220, et seq., the Moreno Valley Housing Authority (“Authority”) hereby notifies interested local agencies and housing sponsors (“Designated Parties”) of the availability for lease or purchase of the following surplus Authority - owned land (“Property”):

Property Address: None: Approximately 1.40 acres of vacant land located on the north side of Eucalyptus Avenue, east of
Heacock Street
Assessor’s Parcel No.: APN 481-270-058 (“Authority Land”) Zoning: Specific Plan 204-The Village Residential (VR)
General Plan Designation: Specific Plan Area 204-The Village Current Use: 1 vacant lot

Copies of the aerial image and assessor map showing and depicting the Property are attached. per Moreno Valley Municipal Code, Title 9, Planning and Zoning, Chapter 9.13, Specific Plans, the Authority Land is located within Specific Plan area 20 4-The Village and is zoned Village Residential (VR); which in general provides for an increase in density allowing for 20 Dwelling Units per acre. The Property is vacant and is accessible to Eucalyptus Avenue. In addition, the Designated Parties are also notified that the Property is subject to certain disposition procedures and affordability requirements of the Authority together with those associated with the funding sources used to acquire the parcels comprising the Property.

A Designated Party desiring to purchase or lease the Property for any of the purposes authorized by Government Code § 54222, must file a written notice of interest with the representative designated below by the Designated Parties within 60 days from the date of this Notice of Availability as confirmed by the date set forth below (since the 60 th day falls on a weekend, the submission date has been extended to the following Monday). Designated Parties proposing to submit a notice of interest are advised to review the requirements s et forth in the Surplus Land Act (Government Code §§ 54220-54234).

Please send written notices of interest via e-mail to:

Dena Heald, Deputy Finance Director, Financial & Management Services 14177 Frederick Street
PO Box 88005
Moreno Valley, California 92552
[email protected]

With copies to:

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Steven H. Dukett, Development Consultant to the Authority 2305 Chicago Avenue
Riverside, California 92507
[email protected]

For further information, please contact Mr. Steven H. Dukett, Managing Director of Development Services, TKE Engineering, Inc. (development consultant to Authority), at (909) 967 -8205 or [email protected].

Consistent with the foregoing, the final day to submit a written statement of interest to either lease or purchase the Property is Monday, March 7, 2022 by 5:00 PM.

Attachments (Aerial Image and Assessor Map)

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APN 481-270-058
APN 481-270-058

EUCALYPTUS AVENUE

MYERS AVENUE

HEACOCK STREET

LIBERTY LANE

CENTRO CRISTIANO SINAI
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Report to City Council

ID#5629 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: January 4, 2022

TITLE: PUBLIC HEARING FOR O NE NATIONAL POLLUTAN T

DISCHARGE ELIMINATIO N SYSTEM MAIL BALLOT

PROCEEDING

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Conduct the Public Hearing and accept public testimony for the mail ballot proceeding for the National Pollutant Discharge Elimination System (NPDES) Common Interest, Commercial, Industrial, and Quasi -Public Use Regulatory Rate to be applied to the property tax bill of the parcel identified herein (Judith Flores, located at 24095 Sunnymead Blvd).

2. Direct the City Clerk to open and count the returned NPDES ballot;

3. Verify and accept the results of the mail ballot proceeding as maintained by the Ci ty Clerk on the Official Tally Sheet and if approved, set the rate and impose the applicable NPDES Regulatory Rate on the Assessor’s Parcel Number as mentioned;

4. Receive and file the Official Tally Sheet with the City Clerk’s office.

SUMMARY

The action b efore the City Council is to conduct a Public Hearing for one National Pollutant Discharge Elimination System (NPDES) mail ballot proceeding. The process to accept two parcels into the City’s NPDES funding program impacts only the property owner identified below, not the general citizens or taxpayers of the City.

DISCUSSION

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The Clean Water Act of 1987 established requirements for the discharge of Urban Runoff from Municipal Separate Storm Sewer Systems under the NPDES program. The Santa Ana Regional Water Quality Control Board administers the NPDES program through the issuance of a Permit. The NPDES program requires public agencies to obtain coverage under the Permit to discharge urban stormwater runoff from municipally owned drainage facilities, including streets, highways, storm drains, and flood control channels. The City’s current NPDES Permit requires all new development projects to comply with stormwater management requirements.

The City Council originally adopted the NPDES Residential Regulatory Rate on June 10, 2003 and the NPDES Common Interest, Commercial, Industrial, and Quasi -Public Use Regulatory Rate (“Commercial/Industrial Rate”) on January 10, 2006. Each fiscal year, the City Council reviews and sets the rates for the following fiscal year.

As a condition of approval for the development project identified below, the applicant is required to provide a n ongoing funding source for the NPDES program. The funding is used to mitigate the increase in costs to the NPDES program, which will be create d by their development project.

Property Owner/
Project
Assessor’s
Parcel Number Location FY 2021/22
Maximum Rate1
Judith Flores
Cannabis Dispensary
PEN20-0093/SBP21-0006
481-120-004 &
481-120-005 24095 Sunnymead Blvd. $264.63/parcel
Commercial/Industrial Rate
1The parcel’s development status will be evaluated, and the applied rate calculated in accordance with the rate schedule, prior to levying the NPDES rate on the property tax roll each year. The applied rate is the amount applied to the property tax bill. It cannot exceed the maximum rate.

An applicant has two options to satisfy the condition of approval:

1. The property owner a pproves the NPDES rate and authorize s the City to collect the rate on the annual Riverside County property tax bill through participation in a successful mail ballot proceeding; or

2. The applicant funds an endowment.

The Property Owner listed above elected to have the NPDES rate applied to the annual property tax bill of the property under development. Proposition 218 outlines the process to approve new charges, or an increase to existing charges, on property tax bills , which includes conducting a mail ballot proceeding, noticing requirements, timing of noticing, and providing an opportunity for the property owner to address t he City Council (i.e., public comment portion of the Public Hearing). A notice describing the purpose and amount of the charge, including the potential annual inflationary adjustment, and a ballot for the property was mailed to the Property Owner at least 45-days in advance of tonight’s meeting (see Attachment 1). The ballot is due to the City Clerk prior to the close of the Public Hearing. The ballot can be opened and counted, and results announced, at the close of the Public Hearing.

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The condition of app roval to provide a funding source for the NPDES program will be satisfied with a property owner’s approval of the NPDES mail ballot (i.e., marked yes and signed) and City Council acceptance of the results. In the event the ballot is not returned, is not approved, or is invalid (e.g., unmarked or unsigned), this condition of approval will remain unsatisfied and may delay development of the project. In the event more than one mail ballot proceeding is being conducted tonight, each ballot will be counted separately to determine if a property owner approved inclusion of their property in the NPDES funding program.

This action meets the Strategic Plan Priorities to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.

ALTERNATIVES

1. Conduct the Public Hearing and upon its close, open, count, and verify the returned ballot and accept the results. Staff recommends this alternative since it will satisfy the project’s condition of approval provided the property owner approves the ballot.

2. Open the Public Hearing and continue it to a future reg ularly scheduled City Council meeting. Staff does not recommend this alternative because it will delay announcement of the ballot results and may delay project development.

3. Do not conduct the Public Hearing. Staff does not recommend this alternative since it will delay the condition of approval from being satisfied and may delay project development. The City will incur additional costs to restart the 45-day noticing period.

4. Do not conduct the Public Hearing at this time but reschedule it to a date specific regularly scheduled City Council meeting. Staff does not recommend this alternative because it may delay project development and will cause the City to incur additional costs to restart the 45 -day noticing period.

FISCAL IMPACT

Revenue received from th e NPDES rate is restricted and can only be used within the stormwater management program. The revenue provides funding to maintain compliance with the unfunded requirements of the Permit. It also offsets stormwater management program expenses, which reduces the financial impact to the General Fund. The NPDES rate is only applied to the property tax bills of parcels where approval of the rate has been authorized through a successful mail ballot proceeding.

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The FY 202 1/22 maximum Commercial/Industrial Rate i s $264.63 per parcel, and any division thereof. The maximum NPDES rates are subject to an annual inflationary adjustment. However, the annual adjustment cannot be applied unless the City Council annually authorizes such adjustment. The increase to the maxi mum rate cannot exceed the annual inflationary adjustment without approval of the property owners subject to the charge. The NPDES rate applied to the property tax bill will be based on the development status of the property at the time the applied rates a re calculated for the upcoming fiscal year.

NOTIFICATION

The ballot documents were mailed to the Property Owner at least 45-days in advance of the Public Hearing. The documents included a notice, NPDES ballot, applicable NPDES Rate schedule, map of the project area, instructions for marking and returning the ballot, and a postage-paid return envelope addressed to the City Clerk.

The Press -Enterprise published the legal notice for tonight’s Public Hearing on December 16, 2021 and December 23, 2021.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Candace E. Cassel Brian Mohan
Special Districts Division Manager Assistant City Manager

Concurred By:

Michael Lloyd, P.E.

Public Works Director/City Engineer

CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernmental relationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.

Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Ballot Documents - Judith Flores

APPROVALS

Budget Officer Approval  Approved . 12/27/21 4:11 PM City Attorney Approval  Approved .

City Manager Approval  Approved . 12/28/21 11:46 AM F.1
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Report to City Council

ID#5658 Page 1
TO: Mayor and City Council

FROM: Manuel A. Mancha, Community Development Director

AGENDA DATE: January 4, 2022

TITLE: INTRODUCE AND CONDUC T THE FIRST READING OF

AN ORDINANCE AMENDIN G VARIOUS SECTIONS O F
TITLE 9 PLANNING AND ZONING INCLUDING CH APTER

9.02 PERMITS AND APPRO VALS, CHAPTER 9.03
RESIDENTIAL DISTRICT S, CHAPTER 9.05 INDU STRIAL
DISTRICTS, CHAPTER 9 .07 SPECIAL DISTRICT S,
CHAPTER 9.08 GENERAL DEVELOPMENT STANDARDS,
CHAPTER 9.09 SPECIFI C USE DEVELOPMENT
STANDARDS, CHAPTER 9 .11 PARKING, PEDESTR IAN
AND LOADING REQUIREME NTS, CHAPTER 9.14 LA ND
DIVISIONS, CHAPTER 9.15 DEFINITIONS, CHAPTER 9.16
DESIGN GUIDELINES, A ND CHAPTER 9.17 LAND SCAPE

AND WATER EFFICIENCY REQUIREMENTS

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Introduce and conduct the first reading of Ordinance No. XXX amending Sections

9.02.200, 9.02.230, 9.03.040, 9.03.050, 9.05.040, 9.07.080, 9.08.150, 9.08.260,

9.08.270, 9.08.280, 9.09.130, 9.11.040, 9.14.050, 9.15.030, 9.16.150 , and

9.17.040 to Title 9 of the City of Moreno V alley Municipal Code to provide updates that comply with State requi rements related to housing and housing production, streamline Code requirements to provide flexibility and clarity regarding existing requirements , and to streamline certain processes, and provide for other minor clarifications and clean-up items; and

2. Schedule the second reading and adoption of Ordinance No. XXX for the next regular Council meeting.

SUMMARY
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This report recomme nds the adoption of an Ordinance to amend various sections of Title 9 (Planning and Zoning ) of the Moreno Valley Municipal Code that address the following matters:

A. Updates to comply with new State requirements related to housing and increasing housing production , such as adopting a comprehensive update of standards for Accessory Dwelling Units and Density Bonus requirements.

B. Amendments to s treamline requirements to provide flexibility and clarity regarding existing requirements and to streamline certain processes.

C. Other minor clarifications and clean-up items.

DISCUSSION
On December 9, 2021, the Planning Commission reviewed the proposed amendments and unanimously voted to recommend approval s to the City Council. The discussion among the Planning Commission primarily focused on the p roposed amendments regarding parkway maintenance. The Planning Commission did not make any modification to the proposed amendments.

PROJECT DESCRIPTION
The discussion of the sections below corresponds to the order of the text amendments set forth in the attached Ordinance.

Section 9.02.200 (Noticing for the blind, aged, and disabled communities) This proposed Amendment will add language to Section 9.02.200 to address Government Code section 6 5090 noticing for drive -throughs. The amendment addresses the State requirement that the local agency s hall incorporate, where necessary, notice procedures for the blind, aged, and disabled communities in order to facilitate their participation in the decision -making process related to proposed drive - through projects since drive-throughs are viewed as a val uable amenity for the disabled community. This has been addressed by identifying that such notices will be sent to the City Senior Center and other agencies and non -profit entities that provide services to the blind, aged, and disabled communities within the City.

9.02.230(C)(3) (Lapse of Approvals and Extensions of Time) The Subdivision Map Act of the State of California allows Tentative Maps to be extended up to six years beyond the initial approval. Section 9.02.230(C)(3) is being amended to be consistent with the Subdivision Map Act.

9.03.040 (Minimum Lot Size) and Table 9.03.040-7 (Minimum Unit Size) Lot Size
In order to address the State Department of Housing and Community Development (HCD) comments on the Housing Element regarding the City’s developme nt standards for lot size, staff researched further the City’s standards for lot size and unit size. The minimum lot size currently identified in the Municipal Code for multi -family zones is one F.2
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acre. Staff concluded that clarification is needed in the Mun icipal Code to clarify that existing multi -family parcels under one acre in size (“legal nonconforming”) can be developed under the multi -family zoning standards regardless of their size. Although this was already the intent and interpretation by staff , this clarification should satisfactorily address State HCD’s comments.

Unit Size
Title 9 currently specifies minimum dwelling unit sizes in multiple -family projects. This was a concern of the State Department of Housing and Community Development (HCD); therefore, the existing minimum unit sizes have been will be deleted.

Section 9.03.050 (Density Bonus Program for Affordable Housing) The proposed updates to the Density Bonus section (Density Bonus Pro gram for Affordable Housing) have been prepared to address recent changes in the State’s Density Bonus Law and will replace the current section in its entirety. Since Density Bonus provisions are a State-mandated program, it is necessary to update Title 9 of the Municipal Code to be consistent with recent State legislation regarding Density Bonus.

The key pieces of legislation requiring the update were AB 168 and AB 2345. The new legislation, which took effect on January 1, 2021 , provides that up to a 50% Density Bonus may be granted to housing projects consistin g of a mix of affordable and market - rate homes, which is up from the previous maximum of 35% for mixed -income properties. This section is also updated to include Density Bonuses for housing developments for foster youth, disabled veterans, and college stud ents. The legislation also allows qualifying developers, as a matter of right, to obtain lower parking space requirements than would otherwise be required by local standards.

As specified by State law, cities and counties are required to grant a Density Bonus and other incentives or concessions to housing projects, which contain one of the following:
 At least 5% of the housing units are restricted to very low-income residents.  At least 10% of the housing units are restricted to lower-income residents.  At least 10% of the housing units in a for -sale common interest development are restricted to moderate-income residents.
 100% of the housing units (other than manager’s units) are restricted to very -low, lower and moderate-income residents (with a maximum of 20% moderate).  At least 10% of the housing units are for transitional foster youth, disabled veterans, or homeless persons, with rents restricted at the very low-income level.  At least 20% of the housing units are for low -income college students in hou sing dedicated for full-time students at accredited colleges.  The project donates at least one acre of land to the city or county for very low - income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.  The project is a senior citizen housing development (no affordable units required).

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 The project is an age -restricted (e.g., 55 years plus) mobile home park (no affordable units required).

The amount of the Density Bonus is set on a sliding scale based upon the percentage of affordable units at each income level. The maximum Density Bonus amounts for very low, lower , and moderate -income housing were increased by legislation approved in 2020. Staff has developed a Density Bonus table to be consistent with State law. Rather than include the table in Title 9, Section 9.03.050 references that the table is on file with the Community Development Department staff. This makes the Municipal Code section easier to use to facilitate affordable housing production.

9.05.040 (LEED Equivalency for Industrial Development)
The amendment will require industrial buildings larger than 50,000 square feet to be designed and constructed to meet the equivalent of LEED Silver. The req uirement will further the implementation of the City’s recently adopted Climate Action Plan by promoting the use of energy -efficient industrial buildings (Strategy I -1). The standard is similar to a number of other cities that require the equivalent of LEE D Silver for industrial buildings.

9.07.080, 9.08.150(C), and 9.08.260 (Minor Corrections) These amendments include minor revisions to various sections of Title 9 to replace several references to “Community and Economic Development Director” with “Community Development Director” to be consistent with the current title of the position.

Also, Section 9.08.150 will be amended to eliminate the reference to a Public Works trash enclosure standard.

9.08.270 (Security Plan and On-site Security Requirements) This amendment adds a section to Chapter 9.08 General Development Standards. The standards will require a detailed security plan for commercial centers larger than two acres and multi -family projects of 51 dwelling units or more. The new section identifies certain requirements to provide an additional level of security for residents and visitors.

9.08.280 (Maintenance of Parkways by Property Owners)
This amendment adds a section to Chapter 9.08 General Development standards. The new section will require an encr oachment permit to require developers to maintain landscape areas that are within the right -of-way, and also maintain any areas along their frontages (eg. Caltrans right-of-way). With regard to the landscaping along right-of- way frontages, there has always been an expectation that these areas will be maintained by the property owner unless otherwise specified in the conditions of approval. The requirement for the encroachment permit will ensure that responsibility for landscape maintenance is clear, which wi ll help ensure that the City’s parkways and freeway corridors are well maintained and inviting to residents and visitors to the City.

9.09.130 Accessory Dwelling Units
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This comprehensive amendment to the Accessory Dwelling Unit section (Section

9.09.130) i s necessary to address a number of State legislative bills that became effective in the last three years. The revisions to State law addressing accessory dwelling units were addressed in seven State legislative bills that modified various sections of State law aimed at furthering affordable housing production.

The proposed amendments address State law and clarify the requirements for accessory dwelling units proposed within the City. As many residents have an interest in developing an accessory dwelling un it, an effort has been made to simplify the requirements as much as possible while meeting the State ’s development standards and process mandates as they related to Accessory Dwelling Units . Towards this end, this section will i nclude tables to help assist in understanding and applying the applicable requirements.

Some of the key requirements of the State law that are addressed by the City’s amendments to Section 9.09.130 include the following:
 Requires ministerial approval of an application for a building permit within a residential or mixed -use zone to create one Accessory Dwelling Unit (ADU) and one Junior Accessory Dwelling Unit (JADU) per lot within the proposed or existing single-family dwelling if certain requirements are satisfied.  Allows a permitte d JADU to be constructed within the walls of the proposed or existing single-family residence.
 Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build an ADU of up to 800 square feet.
 Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off -street parking spaces cannot be required by the local agency.
 Reduces the maximum ADU and JADU application review time from 120 days to 60 days.
 Establishes impact fee exemptions and limitations based on the size of the ADU.

ADUs up to 750 square feet are exempt from impact fees.

Table 9.11.040B-12 Parking, Pedestrian and Loading Requirements Based on staff’s recent experience with the development of several hotels, designated RV parking spaces are not necessary given the current standard of parking for a hotel site. Therefore, Table 9.11.040B-12 is proposed to be modified to remove the provisions mandating the inclusion of RV parking spaces for hotels.

9.14.050.E.1. Residential and Mixed-Use Parcel Maps
This amendment modifies the language in Section 9.14.050 to allow residential and mixed-use parcel maps to be approved administratively. This change is necessary in order for the City to comply with recent changes to State law (SB 9) that will become in effect on January 1, 2022.

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9.15.030 Definitions
Section 9.15.030 has been updated to add the definition of a hotel, consistent with the definition of “hotel” in Section 3.24.020 of the Municipal Code, and to modify and add definitions related to the comprehensive update of the requirements for accessory dwelling units (Section 9.09.130).

9.16.150 Commercial ( retail, office, mixed -use) section from Chapter 9.16 Design Guidelines
This amendment to Section 9.16.150 specifies that hotels over four stories shall include rooftop amenities such as restaurants, bars, swimming pool s, or other amenities. The intent is t o establish a high standard for future hotels to ensure that hotels have amenities that would be in step with the quality of future commercial development within the Downtown Center and throughout the City.

9.17.140 Freeway frontage
This amendment is rela ted to the Section 9.08.280 (landscape maintenance) amendment previously discussed. This amendment specifies that if the freeway right-of- way is not landscaped, the property owner shall maintain the right -of-way along their frontage in a manner that is fre e of weeds, vegetative debris, and refuse. This will help ensure that the areas along State Route 60 are maintained in a manner that will further aesthetics and health and safety.

ENVIRONMENTAL
The proposed Municipal Code Amendments are exempt from the Cal ifornia Environmental Quality Act. The proposed updates addressing accessory dwelling units qualify as a statutory exemption under Section 15282(h) of the California Environmental Quality Act guidelines, and all of the other proposed amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendmen ts will have a significant effect on the environment.

ALTERNATIVES
Alternatives to be considered include the following:

1. Approve the proposed Recommended Actions as set forth in this staff report.

Staff recommends this alternative.

2. Do not approve the pro posed Recommended Actions as set forth in this staff report. Staff does not recommend this alternative as the Municipal Code would not be consistent with State requirements for Accessory Dwelling Units and Density Bonus requirements.

FISCAL IMPACT
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