CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
JULY 9, 2024
4:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Jeffrey Bernstein, Mayor
Ron deHarte, Mayor Pro Tem
Grace Elena Garner, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
Scott Stiles, City Manager
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Pursuant to Assembly Bill 557 -
Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
4:00 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
July 9, 2024 City Council Regular Meeting Agenda 2
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. UPDATE FROM RIVERSIDE UNIVERSITY HEALTH SYSTEM AND BLUE ZONES
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting minutes of May 23, June 6, and June 17, 2024.
B. RESIGNATION ACCEPTANCE AND APPOINTMENTS TO VARIOUS BOARDS July 9, 2024 City Council Regular Meeting Agenda 3
B. RESIGNATION ACCEPTANCE AND APPOINTMENTS TO VARIOUS BOARDS
AND COMMISSIONS
RECOMMENDATION:
Accept the resignation of Charles F. Mara from the Administrative Appeals Board effective immediately.
1. Appoint Christian Samlaska to the Airport Commission effective immediately for a term ending June 30, 2027, from the City of Cathedral City.
2. Appoint Geoffrey Kiehl to the Airport Commission effective immediately for a term ending June 30, 2027, from the City of La Quinta.
3. Appoint Jim A. Lande and Tina Gonsalves to the Public Arts Commission for a term ending June 30, 2027; members’ terms shall take effect 30 days after the final adoption of Ordinance No. 2098.
4. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 06-08-24
TOTALING $2,350,523.30 AND ACCOUNTS PAYABLE WARRANTS DATED 06-06-24 TOTALING $4,429,202.69, IN THE AGGREGATE AMOUNT OF $6,779,725.99, DRAWN ON BANK OF AMERICA."
D. AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $7,281,225, AND
APPROVE THE ACCEPTANCE OF THE FEDERAL AVIATION
ADMINISTRATION GRANT AWARD FOR THE FUNDING OF THE PROJECT FOR THE AIRPORT TAXIWAY REHABILITATION, CITY PROJECT 21-27 RECOMMENDATION:
Award a construction contract to Matich Corporation in the amount of $7,281,225 for the Airport Taxiway Rehabilitation, City Project 21-27;
1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $728,122 with all change orders reported to the City Council;
2. Authorize the City Manager to approve acceptance of a Federal Aviation Administration grant in an amount not-to-exceed $8,650,000 for the Palm Springs International Airport;
3. Appropriate $8,300,000 in the Airport Capital Project Federal Grants 416.38015 ($2,719,800) and in the Grants Expense 4167070-50126 and in the Capital Improvement Project 4167065.80000 ($280,200); and
4. 5. Authorize the City Manager to execute all necessary documents.
E. ADOPT A RESOLUTION APPROVING PALM TREE TRIMMING POLICY, AND July 9, 2024 City Council Regular Meeting Agenda 4
E. ADOPT A RESOLUTION APPROVING PALM TREE TRIMMING POLICY, AND
SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING PROCEDURES AND
POLICIES
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A PALM TREE TRIMMING
POLICY, AND SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING
PROCEDURES AND POLICIES AND FINDING THE POLICY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15304 (MINOR ALTERATIONS TO LAND).” F. APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 2992
NORTH CIVIC DRIVE (APN: 502-100-013 & 034, AIRPORT PROPERTY) RECOMMENDATION:
Authorize the City Manager to execute a Grant of Easement to Southern California Edison to underground electrical supply systems across a portion of the property identified by Assessor’s Parcel Number 502-100-013 & 034 to a leased Hertz Corporation lot located within the Palm Springs International Airport.
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2097 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE
PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT
AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO
THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR
CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE,
AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL
UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE DA-2024-0002) RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2097 entitled, “AN ORDINANCE OF THE
CITY COUNCIL OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND
APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS
COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT
PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE
DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR
REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS
LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND
SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE
DA-2024-0002)."
1. 2. Authorize the City Manager to execute the First Amendment to the First July 9, 2024 City Council Regular Meeting Agenda 5
Amended and Restated Development Agreement.
H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2098, ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE PALM
SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.”
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2098 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE
TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.”
I. AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE M.H.
ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006)
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST AREANAS ROAD, AS A CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #147, SUBJECT TO CONDITIONS (APN #513-143-006).
J. APPROVE CONTRACT SERVICE AGREEMENTS NO. 24B143 WITH SAM’S CONSTRUCTION AND 24B144 WITH TED CONSTRUCTION LLC FOR
ON-CALL BUILDING REPAIR AND RENOVATION SERVICES
RECOMMENDATION:
Approve primary Contract Services Agreement 24B143 with Sam’s Construction to provide on-call building repair and renovation services in an amount not to exceed $950,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion;
1. Approve secondary Contract Services Agreement 24B144 with Ted Construction LLC to provide on-call building repair and renovation services in an amount not to exceed $750,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion;
2. K. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE July 9, 2024 City Council Regular Meeting Agenda 6
K. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE
UNFUNDED ACCRUED LIABILITY (UAL)
RECOMMENDATION:
Receive and file.
L. APPROVAL OF AMENDMENT NO. 7 TO THE AIRPORT CAR RENTAL CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO. 8
FOR AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Amendment No. 7 and Avis-Budget Amendment No. 8 to all Airport rental car concession agreements doing business as either car rental agencies at the Airport which includes:
Avis/Budget Car Rental, LLC (Amendment No. 8)
The Hertz Corporation (Amendment No.7)
Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 7)
Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 7) DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 7)
1. 2. Authorize the City Manager or designee to execute all necessary documents.
M. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B129 WITH KINCAID INDUSTRIES, INC. FOR ON-CALL PLUMBING MAINTENANCE AND
INSTALLATION SERVICES
RECOMMENDATION:
Approve Contract Services Agreement 24B129 with Kincaid Industries, Inc. to provide on-call plumbing maintenance and installation services in an amount not to exceed $900,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion;
1. 2. Authorize the City Manager or designee to execute all necessary documents.
July 9, 2024 City Council Regular Meeting Agenda 7
N. APPROVE FUNDING IN THE AMOUNT OF $50,000 OF PUBLIC ART FUNDS
TO THE OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION FOR
COMMISSION OF THE “PRINCE” SCULPTURE AND “BLUE BELLY CRAB”
SCULPTURE BY ARTIST DELOS VAN EARL, BOTH TO BE LOCATED IN THE
WEST CHINO DRIVE MEDIAN IN THE OLD LAS PALMAS NEIGHBORHOOD,
AND APPROVE THE DONATION OF THE SCULPTURES TO THE CITY
RECOMMENDATION:
Approve expenditure of Public Art Funds in the amount of $50,000 for commission and installation of Prince and Blue Belly Crab by Delos Van Earl.
1. Accept donation of the public art pieces “Prince” and “Crab” from the Old Las Palmas Neighborhood Organization by Artist Delos Van Earl on the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road.
2. O. APPROVE CONTRACT CHANGE ORDER NO. 1 WITH MATICH
CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $347,380 FOR THE 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01
RECOMMENDATION:
Approve Contract Change Order No. 1 in the amount of $347,380 to Agreement 24B050 with Matich Corporation for the 2024 Pavement Rehabilitation, City Project 24-01;
1. 2. Appropriate $347,380 from the Wastewater Fund balance; and
3. Authorize the City Manager or designee to execute all necessary documents.
P. ESTABLISH A CITY OF PALM SPRINGS RENTAL REGISTRY AND APPROVE SOFTWARE AS A SERVICE (SaaS) INITIAL AGREEMENT WITH 3Di, INC.
RECOMMENDATION:
Approve the Software As a Service (SaaS) Subscription Agreement 24S140 with 3Di, Inc. for the City of Palm Springs Rental Registry as mandated in the HCD approved Housing Element in an amount not to exceed $338,376 over a five-year period.
1. 2. Authorize the City Manager or designee to execute all necessary documents.
Q. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN
EXPENDITURE PLAN AND APPROPRIATION
RECOMMENDATION:
Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.
1. 2. Direct the Director of Finance/City Treasurer to fund the appropriation.
3. Authorize the City Manager to execute all necessary documents.
July 9, 2024 City Council Regular Meeting Agenda 8
R. APPROVAL OF A COST-SHARE AGREEMENT AUTHORIZING FUNDS
TRANSFER TO THE DESERT WATER AGENCY (DWA) FOR THE
COOPERATIVE TURF CONVERSION REBATE PROGRAM
RECOMMENDATION:
Approve Cost-Share Agreement for a Cooperative Turf Conversion Matching Rebate Program between the City of Palm Springs and the Desert Water Agency (DWA).
1. 2. Authorize the City Manager to execute all necessary documents.
S. APPROVE CONTRACT CHANGE ORDER NO. 6 WITH STEVE P. RADOS, INC.
IN THE AMOUNT OF $1,071,999.85 AND APPROVE AMENDMENT NO. 3 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH MWH CONSTRUCTORS, INC. (A9141), A DELAWARE CORPORATION, IN THE AMOUNT OF $323,100 FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07 RECOMMENDATION:
Approve Contract Change Order No. 6 in the amount of $1,071,999.85 to Agreement A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Projects No. 20-25 and 21-07;
1. Approve Amendment No. 3 in the amount of $323,100 to PSA No. A9141, for a new not-to-exceed amount of $1,861,027.14 with MWH Constructors, Inc. for the WWTP Digester No. 2 and Filtrate Pump Station, City Projects No. 20-25 and 21-07;
2. 3. Appropriate $1,395,099.85 from the Wastewater Fund balance; and
4. Authorize the City Manager or designee to execute all necessary documents.
T. RESOLUTION OF INTENTION FOR VACATION OF PUBLIC VEHICULAR
ACCESS OVER A PORTION OF MUSEUM WAY BETWEEN BELARDO ROAD
AND MUSEUM DRIVE IN ORDER TO FACILITATE THE PERMANENT
INSTALLATION OF THE “FOREVER MARILYN” STATUE AT THAT LOCATION, SHOWN AS LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG. FILE R 23-15-0250)
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
VACATE A PORTION OF MUSEUM WAY WEST OF BELARDO ROAD TO
MUSEUM DRIVE, SETTING A PUBLIC HEARING, AND DIRECTING NOTICE TO BE POSTED AND PUBLISHED.”
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
July 9, 2024 City Council Regular Meeting Agenda 9
2. PUBLIC HEARINGS: NONE
3. BUSINESS & LEGISLATIVE:
A. RESOLUTIONS TO PLACE A MEASURE ON THE NOVEMBER 5, 2024,
GENERAL MUNICIPAL ELECTION BALLOT TO EXTEND THE TERM OF MEASURE “J”, ADOPTING RESOLUTIONS REGARDING UPDATES TO THE SALES TAX ORDINANCE; TO CONSOLIDATE THE GENERAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION, AND TO SET THE
DEADLINE AND RULES FOR PRIMARY ARGUMENTS AND REBUTTAL
ARGUMENTS REGARDING THE MEASURE
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING FOR THE
PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION FOR THE
SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO
EXTEND THE TERM OF MEASURE “J”, A ONE PERCENT (1%) GENERAL
TRANSACTIONS AND USE TAX (SALES TAX), BY REMOVING ITS
SUNSET; AND MAKING VARIOUS TECHNICAL UPDATES TO THE
TRANSACTIONS AND USE TAX ORDINANCE; AND
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024
WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT
DATE PURSUANT TO §10403 OF THE ELECTIONS CODE; AND
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE
FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING
RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION.”
3. B. NEW PALM SPRINGS SHOP LOCAL PROGRAM – BOGO GIFT CARDS RECOMMENDATION:
Receive and file.
July 9, 2024 City Council Regular Meeting Agenda 10
C. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING
ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING
SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION:
Consider and conduct a first reading (introduction) of an ordinance entitled, “AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING
ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING
SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
D. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY
REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE
DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
RECOMMENDATION:
Discuss and consider a first reading (introduction) of an ordinance entitled, “AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY
REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE
DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
E. DIRECTION REGARDING FEASIBILITY OF POTENTIAL ARENAS BUSINESS
DISTRICT IMPROVEMENTS, INCLUDING POSSIBLE FLAG POLE, BISTRO
LIGHTING, AND/OR ENTRY SIGNAGE
RECOMMENDATION:
Authorize staff to conduct additional due diligence for installation of a flag pole at the Arenas Business district; identify the processes and funding sources required; and, draft the appropriate legal instruments that conform with other City agreements for review and approval by Council at a future meeting.
F. CONSIDER PROPOSAL FROM RIVERSIDE UNIVERSITY HEALTH SYSTEM AND July 9, 2024 City Council Regular Meeting Agenda 11
F. CONSIDER PROPOSAL FROM RIVERSIDE UNIVERSITY HEALTH SYSTEM AND
BLUE ZONES, LLC TO PARTICIPATE IN TRANSFORMATION PHASE
RECOMMENDATION:
Provide direction to staff.
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on July 3, 2024, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree, MMC, CERA
City Clerk
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if July 9, 2024 City Council Regular Meeting Agenda 12
accommodation is feasible.
July 9, 2024 City Council Regular Meeting Agenda 13
City of Palm Springs Page 1
Thursday, May 23, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, May 23, 2024, at 5:48 p.m.
PLEDGE OF ALLEGIANCE:
Jacob Taylor, an elementary school student, led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Christy Holstege, and Lisa Middleton, and Mayor Jeffrey Bernstein.
Absent: Mayor Pro Tem Ron deHarte
City Staff
Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeffrey Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
A. LIFT TO RISE 2024-2026 ACTION PLAN PRESENTATION
Jessika Pollard, Senior Policy Anyalyst with Lift to Rise, presented the 2024-2026 action plan presentation.
Mayor Bernstein noted that the following proclamations were issued:
• National Poppy Day – May 24, 2024.
• Burt Spivak; whom was honored on May 24, 2024, with the 469th Walk of the Stars.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to accept the agenda with removal of Consent Calendar Item Nos. 1S, 1O, 1T for separate discussion.
Item 1A - Page 1
City Council Minutes May 23, 2024
City of Palm Springs Page 2
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of May 23, 2024, was called to order by Mayor Bernstein at 4:02 p.m.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2)
Under existing facts and circumstances, there was one (1) matter.
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, Pursuant to Government Code Section 54957
Under existing facts and circumstances, there was one (1) matter.
PUBLIC TESTIMONY:
Dominic Moonheart, LaQuesha, Deiter Crawford, Anthony Vardaro, Roger Gendron, Alvin Nuval, Alejandro Reza Aguilar, Julie Hirsh, Macolm Harris, Greg Rodriguez, and Ginny Weissman provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to approve the consent calendar with removal of Item Nos. 1O, 1S, and 1T for separate discussion.
A. RESOLUTIONS CALLING NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION,
REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION
WITH STATEWIDE GENERAL ELECTION AND ADOPTING REGULATIONS FOR
CANDIDATE STATEMENTS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. Adopt Resolution No. 25201 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA AND CITY CHARTER.”
2. Adopt Resolution No. 25202 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.”
3. Adopt Resolution No. 25203 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE Item 1A - Page 2
City Council Minutes May 23, 2024
City of Palm Springs Page 3
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS
SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024.
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2024
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2024.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to adopt Resolution No. 25204 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 04-27-24 TOTALING $2,522,027.89 AND ACCOUNTS PAYABLE WARRANTS DATED 04-25-24 TOTALING $10,852,779.93, IN THE AGGREGATE AMOUNT OF $13,374,807.82, DRAWN ON BANK OF AMERICA."
D. APPROVE A FIVE-YEAR COOPERATIVE LEASE AGREEMENT WITH XEROX
FINANCIAL SERVICES AND COST PER IMAGE AND MAINTENANCE
AGREEMENT WITH VISUAL EDGE IT INC
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. Approve a five-year lease agreement with Xerox Financial Services, LLC, via the County of Los Angeles Cooperative Purchasing Program (Contract No. MA-IS1640249-6) for 35 new Xerox copiers in the amount of $110,054.45 annually, inclusive of tax.
2. Approve a five-year cost per image and maintenance agreement with Visual Edge IT, Inc., via the County of Los Angeles Cooperative Purchasing Program (Contract No.
MA-IS-1640249-6) with an annual base of $25,284, at the unit prices of $0.0049 per black and white image and $0.049 per color image.
3. Authorize the City Manager or designee to execute all necessary documents.
E. APPROVE AMENDEMENT NO. 1 TO AGREEMENT 24I089 WITH SO CAL LAND MAINTENANCE INC., FOR VEGETATION MANAGEMENT SERVICES
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. In accordance with Section 7.05.060 of the Palm Springs Municipal Code, “Best Interest of City,” approve Amendment No. 1 to Agreement 24I089 with So Cal Land Maintenance, Inc., to provide vegetation management services for an additional amount of $57,720, for a total revised contract amount not to exceed $132,720 through July 31, 2024;
Item 1A - Page 3
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City of Palm Springs Page 4
2. Appropriate $57,720 from Safety Fund 1216010 to Contractual Services;
3. Authorize the City Manager or designee to execute all necessary documents.
F. ACCEPTANCE OF THE ANIMAL SHELTER SHADE STRUCTURES, CITY PROJECT NO. 22-20E
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. Accept the Capital Improvement Project identified as the Animal Shelter Shade Structures, City Project No. 22-20E (“Project”), as completed in accordance with the plans and specifications; and
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Animal Shelter Shade Structures, City Project No. 22-20E.
G. APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT 23Q112 WITH AECOM TECHNICAL SERVICES, INC. FOR THE DESIGN OF AN
INLINE BAGGAGE HANDLING SYSTEM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. Approve Amendment No. 1 to Consulting Services Agreement 23Q112 with AECOM Technical Services, Inc., in the additional amount of $372,711.02 for a total revised contract amount not to exceed $3,547,349.02 for the design of an inline baggage handling system for the Palm Springs International Airport.
2. Appropriate $125,000 from Airport Capital Project Fund 416 to Airport Account 4167065.80000 for Fiscal Year 2023-24, and $247,711.02 from Airport Capital Project Fund 416 to Airport Account 4167065.80000 for Fiscal Year 2024-25.
3. Authorize the City Manager or designee to execute all necessary documents.
H. APPROVE AMMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 23B043 WITH WGJ ENTERPRISES, INC. DBA PCI, FOR AIRFIELD RUBBER AND
PAINT REMOVAL SERVICES AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. Approve Amendment No. 1 to Contract Services Agreement No. 23B043 with WGJ Enterprises, Inc. dba PCI, in the additional amount of $245,000 for a total revised contract amount not to exceed $905,000 for airfield rubber and paint removal services at the Palm Springs International Airport.
2. Appropriate $245,000 from Airport Fund 415 to Airport account 4157030.40105 budget for Fiscal Year 2024-25.
3. Authorize the City Manager or designee to execute all necessary documents.
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I. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B092 WITH UNIVERSAL GREEN LLC FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICESASSESSMENT DISTRICTS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to approve Contract Services Agreement 24B092 with Universal Green LLC, to provide landscape and grounds maintenance services for the assessment districts in an amount not to exceed $887,055, subject to annual price adjustments, for the initial three-year term beginning July 1, 2024, through June 30, 2027, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or his designee to execute all necessary documents.
J. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B099 WITH MARIPOSA LANDSCAPES, INC. FOR LANDSCAPE AND GROUNDS MAINTENANCE
SERVICES- CITY PARKS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to approve Contract Services Agreement 24B099 with Mariposa Landscapes, Inc. to provide landscape and grounds maintenance services for City parks in an amount not to exceed $4,170,983.06 for the initial three-year term, subject to annual price adjustments, beginning July 1, 2024, through June 30, 2027, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or his designee to execute all necessary documents.
K. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B095 WITH UN IVERSAL GREEN LLC, FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICESMEDIANS AND PARKWAYS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to approve Contract Services Agreement 24B095 with Universal Green LLC, to provide landscape and grounds maintenance services for City’s medians and parkways in an amount not to exceed $1,482,260, subject to annual price adjustments, for the initial three-year term beginning July 1, 2024, through June 30, 2027, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or his designee to execute all necessary documents.
L. ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD IN THE AMOUNT OF $12,475 FROM THE CALIFORNIA OFFICE OF EMERGENCY
SERVICES, THROUGH THE COUNTY OF RIVERSIDE EMERGENCY
MANAGEMENT DEPARTMENT, FOR THE PURCHASE OF SATELLITE DATA EQUIPMENT FOR THE CITY’S EMERGENCY OPERATIONS CENTER
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. Approve the acceptance of a Fiscal Year 2023 Emergency Management Performance Grant Award in the amount of $12,475 from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department.
2. Adopt Resolution No. 25205 entitled, “A RESOLUTION OF THE CITY COUNCIL OF Item 1A - Page 5
City Council Minutes May 23, 2024
City of Palm Springs Page 6
THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING AND AUTHORIZING
CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR
THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUBGRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE.”
3. Authorize the City Manager to execute all necessary documents.
M. ACCEPT A STATE HOMELAND SECURITY PROGRAM GRANT AWARD IN THE AMOUNT OF $74,739 FROM THE CALIFORNIA OFFICE OF EMERGENCY
SERVICES, THROUGH THE COUNTY OF RIVERSIDE EMERGENCY
MANAGEMENT DEPARTMENT, FOR THE PURCHASE OF INTEROPERABLE
COMMUNICATIONS EQUIPMENT FOR LAW ENFOR CEMENT, AND CERT
TRAINING, EQUIPMENT, AND PERSONNEL COSTS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. Approve the acceptance of a Fiscal Year 2023 State Homeland Security Program Grant Award from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department, in the amount of $74,739.
2. Adopt Resolution No. 25206 entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING AND AUTHORIZING
CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR
THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUBGRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE.”
3. Authorize the City Manager to execute all necessary documents.
N. APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL PROJECT
ADMINISTRATION SERVICES
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to approve Professional Services Agreement No. 24Q094 with NAI Consulting, Inc. to provide on-call project administration services for an amount not to exceed $2,000,000 for a term of five (5) years; and Authorize the City Manager or designee to execute all necessary Agreements and authorize the City Engineer to execute all task orders that fall under the agreement value.
O. CLARIFICATION OF THE CITY’S PROCUREMENT POLICIES
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
P. AUTHORIZE A TASK ORDER IN THE AMOUNT OF $114,000 WITH KIMLEYHORN AND ASSOCIATES INC., PURSUANT TO ON-CALL AGREEMENT A8342, FOR THE ADVANCE PEDESTRIAN CROSSING UPGRADES, CITY PROJECT NO. 24-03
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MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to authorize a Task Order with Kimley-Horn and Associates, Inc., pursuant to On-Call Agreement No. A8342, in an amount not to exceed $114,000 for traffic engineering services for the Advance Pedestrian Crossing Upgrades, City Project No. 24-03; and authorize the City Manager to execute all necessary documents.
Q. A REQUEST BY LOGAN ADAIR, ON BEHALF OF THE PALM SPRINGS
INTERNATIONAL AIRPORT, FOR THE APPROVAL OF AN ART MURAL TITLED “PALM SPRINGS WELCOMES YOU” LOCATED ON A PORTION OF THE REGIONAL CONCOURSE WALL WITHIN THE AIRPORT LOCATED AT 3400 EAST TAHQUITZ CANYON WAY, ZONE A, (APN: 677-280-010) (CASE MUR 2024- 0002)
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to adopt Resolution No. 25207 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “PALM SPRINGS WELCOMES YOU” PAINTED ON THE REGIONAL CONCOURSE WALL, LOCATED AT 3400 EAST TAHQUITZ CANYON DRIVE, WITHIN THE PALM SPRINGS INTERNATIONAL AIRPORT (APN: 677-280-010) (CASE MUR 2024-0002).”
R. ACCEPTANCE OF THE BARISTO PARK SHADE STRUCTURES, CITY PROJECT NO. 22-25
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to accept the Capital Improvement Project identified as the Baristo Park Shade Structures, City Project 22-25 (“Project”), as completed in accordance with the plans and specifications; and authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Baristo Park Shade Structures, City Project 22-25.
S. CANCELATION OF THE PALM CANYON DRIVE/INDIAN CANYON
DRIVE/CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO. 20- 03 This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
T. APPROVE FUNDING FOR REPAIRS TO GEORGE FLOYD MURAL
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
EXCLUDED CONSENT CALENDAR:
O. CLARIFICATION OF THE CITY’S PROCUREMENT POLICIES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to receive and file.
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City of Palm Springs Page 8
S. CANCELATION OF THE PALM CANYON DRIVE/INDIAN CANYON
DRIVE/CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO. 20-03
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR BERNSTEIN, CARRIED 3-0-1 (WITH COUNCILMEMBER HOLSTEGE ABSTAINING), to approve termination of the Palm Canyon Drive/Indian Canyon Drive/Camino Parocela Traffic Roundabout Project, City Project No. 20-03.
T. APPROVE FUNDING FOR REPAIRS TO GEORGE FLOYD MURAL
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to:
1. Approve expenditure of Public Art Funds in the amount of $3,500 to repair the George Floyd mural located at 311 North Indian Canyon Drive.
2. Approve expenditure of Public Art Funds in the amount of $500 to hire a photographer to create high-resolution photographs of the repaired mural.
2. PUBLIC HEARINGS:
A. DELIQUENT WASTE DISPOSAL CHARGES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to open the public hearing and receive public testimony; and adopt Resolution No. 25208 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL
ACCOUNTS TO BE DELIQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.” B. AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HIS HISTORIC DESIGNATION OF “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006)
The item was continued, date uncertain, due to the following failed motion:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR
BERNSTEIN, FAILED 2-2, to open the public hearing and receive public testimony; and close the public hearing and adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, AS A CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #147, SUBJECT TO CONDITIONS (APN #513-143-006).
C. AN APPLICATION BY TOM ELLICOTT AND KEVINPALMER REPRESENTED BY
THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC
DESIGNATION OF “THE ALVAH AND TERESA HICKS RESIDENCE” LOCATED AT 701 NORTH PATENCIO ROAD, CASE HSPB #155
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR BERNSTEIN, Item 1A - Page 8
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City of Palm Springs Page 9
CARRIED 4-0, to open the public hearing and receive public testimony; and close the public hearing and adopt Resolution No. 25209 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE ALVAH AND TERESA HICKS RESIDENCE” LOCATED AT 701 NORTH PATENCIO ROAD, AS A CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #155, SUBJECT TO CONDITIONS (APN 505-291-005)
D. AN APPLICATION BY OCOTILLO LODGE OWNERS’ ASSOCIATION (OLOA) REPRESENTED BY CHATTEL INC. FOR HISTORIC DISTRICT DESIGNATION OF THE “OCOTILLO LODGE” LOCATED AT 1111 EAST PALM CANYON DRIVE, HSPB #154 / HD-11
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to open the public hearing and receive public testimony; and close the public hearing and adopt Resolution No. 25210 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE “OCOTILLO LODGE” LOCATED AT 1111 EAST PALM CANYON DRIVE, AS A HISTORIC DISTRICT (HSPB #154 / HD-11), SUBJECT TO CONDITIONS (APNs 511-035- 001 THROUGH 511-035-128).”
3. BUSINESS & LEGISLATIVE:
A. DESIGNATION OF AN ALTERNATE FOR THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to designate Councilmember Garner as the alternate to the Riverside County Transportation Commission, and amend the 2024 Roster of City Council Subcommittees, Appointees, Liaisons, and Representatives To External Organizations.
B. A JOINT ACTION BY THE CITY COUNCIL, ON BEHALF OF THE CITY AND THE
HOUSING SUCCESSOR AGENCY, TO APPROVE DISPOSITION AND
DEVELOPMENT AGREEMENT NO. 23P369 WITH NEIGHBORHOOD
PARTNERSHIP HOUSING SERVICES, INC. FOR DISPOSITION OF REAL PROPERTY AS EXEMPT PROPERTY; APPROVAL OF CONDITIONAL GRANT
AGREEMENT FOR CITY TO PROVIDE FINANCIAL ASSISTANCE FOR
DEVELOPMENT OF RESIDENTIAL HOUSING
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to:
1. Approve Disposition and Development Agreement No. 23P369 with Neighborhood Partnership Housing Services, Inc., or its affiliate, NPHS Community Redevelopment, Inc., a California Nonprofit Corporation, to provide for the sale of real property for development of a homeownership opportunity program and provide a grant to NPHS in an amount not to exceed $2,815,570 for construction of six (6) single-family homes.
2. Adopt Joint Resolution No. 25211 entitled, “A RESOLUTION BY THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, ON BEHALF OF THE CITY AND ON BEHALF OF
THE HOUSING SUCCESSOR AGENCY FOR THE COMMUNITY REDEVELOPMENT Item 1A - Page 9
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City of Palm Springs Page 10
AGENCY OF THE CITY OF PALM SPRINGS, DECLARING REAL PROPERTY AS EXEMPT SURPLUS LAND (APN: 669-353-001, 669-401-010, and 401-401-039).
3. Authorize the City Manager or designee to execute all necessary documents.
PUBLIC COMMENT:
Brad Anderson, Zachary Flores, Laura Otteson, Dr. Jesse Neimeyer-Romer, Abraham Ishaq, Julia Morton; provided non-agenda oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Councilmember Holstege, Councilmember Garner, and Mayor Bernstein provided comments.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, May 23, 2024, at 9:37 p.m.
Respectfully submitted,
________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:
Item 1A - Page 10
City of Palm Springs Page 1
Thursday, June 6, 2024
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, June 6, 2024, at 9:06 a.m.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Christy Holstege, Lisa Middleton, and Mayor Pro Tem Ron deHarte, and Mayor Jeffrey Bernstein.
Absent: None.
PUBLIC TESTIMONY: None.
1. INTERVIEW AND APPOINT APPLICANTS TO THE HISTORIC SITE PRESERVATION BOARD, MEASURE "J" OVERSIGHT COMMISSION AND PLANNING COMMISSION The City Council interviewed the applicants for the Historic Site Preservation Board, Measure “J” Oversight Commission, and Planning Commission, and by consensus appointed the following members:
• Appoint Katherine Maschka Hitchcock to the Historic Site Preservation Board for a term ending June 30, 2027.
• Appoint Clifford Hopkins, Janice Shon, and Larry Isaak to the Measure “J” Oversight Commission with terms ending June 30, 2027.
• Appoint Jason Kravetz, as an alternate, to the Measure “J” Oversight Commission with a term ending June 30, 2026.
• Reappoint Kathy Weremiuk, Lauri Aylaian, and Scott Miller to the Planning Commission with terms ending June 30, 2027.
• Appoint John Morrill to the Planning Commission with terms ending June 30, 2027.
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City Council Minutes June 6, 2024
City of Palm Springs Page 2
2. ACCEPTANCE OF RESIGNATIONS AND APPOINTMENTS TO VARIOUS BOARDS AND
COMMISSIONS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Accept the resignation of Erik Graham from the Sustainability Commission effective June 30, 2024.
2. Accept the resignation of Susan Meyer from the Parks & Recreation Commission effective immediately.
3. Reappoint Patrick Basile to the Administrative Appeals Board for a term ending June 30, 2027.
4. Waive the requirements of the Palm Springs Municipal Code 2.06.010(c) and reappoint Kevin Corcoran to the Airport Commission for a term ending June 30, 2027.
5. Reappoint Keith Young to the Airport Commission for a term ending June 30, 2027.
6. Reappoint Allison Jones and David Norgard to the Library Board of Trustees for a term ending June 30, 2027.
7. Reappoint Hugo Loyola to the Human Rights Commission for a term ending June 30, 2027.
8. Reappoint Michael Finland and John Miraglia to the Parks & Recreation Commission for a term ending June 30, 2027.
9. Reappoint Gary Armstrong to the Public Arts Commission for a term ending June 30, 2027.
10. Reappoint Donald Barrett to the Sustainability Commission for a term ending June 30, 2027.
Appoint Erin Boyd to the Sustainability Commission for a term ending June 30, 2027.
11. Reappoint Gregory Roberts to the VillageFest Board for a term ending June 30, 2027.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, June 6, 2024, at 1:18 p.m.
Respectfully submitted,
________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:
Item 1A - Page 12
City of Palm Springs Page 1
Monday, June 17, 2024
Minutes of the Special Joint Meeting of the City Council, Boards, Commissions, and Committees
of the City of Palm Springs
CALL TO ORDER:
A Special Joint Meeting of the Palm Springs City Council, Boards, Commissions, and Committees was called to order by Mayor Bernstein on Monday, June 17, 2024, at 6:09 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Bernstein led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner and Lisa Middleton, Mayor Pro Tem Ron deHarte, and Mayor Jeffrey Bernstein.
Absent: Councilmember Christy Holstege
Also Present: Members from the Administrative Appeals Board, Airport Commission, Architectural Review Committee, Historic Site Preservation Board, Human Rights Commission, Library Board of Trustees, Measure J Oversight Commission, Parks and Recreation Commission, Planning Commission, Public Arts Commission, Sustainability Commission, and VillageFest Board.
PUBLIC TESTIMONY: None.
A. RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE PALM SPRINGS
SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICTAND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING; REVIEW AND APPROVAL OF REPORT OF
THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) ADVISORY BOARD, FISCAL YEAR 2024-2025
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0, to review and approve the Report of the Tourism Business ImprovementDistrict (TBID) Advisory Board, Fiscal Year 2024-2025; and adopt Resolution No. 25218 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.”
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Joint City Council Minutes June 17, 2024
City of Palm Springs Page 2
B. UPDATES FROM CITY BOARDS, COMMISSIONS, AND COMMITTEES City Boards, Commissions and Committees provided updates. • The update by the Airport Commission was presented by Vice Chair Corcoran. • The update by the Architectural Review Committee was presented by Steve Poehlein. • The update by the Historic Site Preservation Board was presented by Chair Hough. • The update by the Human Rights Commission was presented by Chair Loyola. • The update by the Library Board of Trustees was presented by President Pro Tem Garner. • The update by the Measure J Oversight Commission was presented by Chair Soto. • The update by the Parks and Recreation Commission was presented by Chair Miraglia. • The update by the Planning Commission was presented by Chair Weremiuk. • The update by the Public Arts Commission was presented by Chair Armstrong. • The update by the Sustainability Commission was presented by Chair Clark. • The update by the VillageFest Boar was presented by Chair Roberts.
ADJOURNMENT:
The City Council adjourned the joint meeting of Monday, June 17, 2024, at 7:26 p.m.
Respectfully submitted,
________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:
Item 1A - Page 14
CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: RESIGNATION ACCEPTANCE AND APPOINTMENTS TO VARIOUS
BOARDS AND COMMISSIONS
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:
1. Accept the resignation of Charles F. Mara from the Administrative Appeals Board effective immediately.
2. Appoint Christian Samlaska to the Airport Commission effective immediately for a term ending June 30, 2027, from the City of Cathedral City.
3. Appoint Geoffrey Kiehl to the Airport Commission effective immediately for a term ending June 30, 2027, from the City of La Quinta.
4. Appoint Jim A. Lande and Tina Gonsalves to the Public Arts Commission for a term ending June 30, 2027; members’ terms shall take effect 30 days after the final adoption of Ordinance No. 2098.
BACKGROUND:
The City Council appointed Mayor Bernstein and Mayor Pro Tem deHarte to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. At this time, all Boards and Commissions seats have been filled, with the exception of one (1) alternate vacancy within the Administrative Appeals Board, with a term ending June 30, 2026; and one (1) vacancy within the Sustainability Commission with a term ending June 30, 2026. The next open recruitment is scheduled between March 2025 through April 2025.
FISCAL IMPACT:
None.
Item 1B - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Resignation Acceptance and Appointments to Various Boards and Commissions REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:
A. Board & Commission Rosters
B. Resignation from Charles F. Mara
C. Appointment Letter from City of Cathedral City
D. Appointment Letter from City of La Quinta
E. Draft Ordinance No. 2098
Item 1B - Page 2
ATTACHMENT A
Item 1B - Page 3
Administrative Appeals Board
Original Appointment Expires
April 8, 2021 June 30, 2027
June 29, 2023 June 30, 2026
June 13, 2024 June 30, 2025
June 13, 2024 June 30, 2027
June 13, 2024 June 30, 2027
Member - District
Patrick Basile* – 3
David Parker – 2
Steve Hermann – 3
Lauren Hein – 3
Edwin Koren – 2
Stasik Winderbaum (alt) – 5 June 13, 2024 June 30, 2026 VACANT (alt) – 2
Airport Commission
Member Original Appointment Expires
Geoffrey Kiehl, La Quinta July 9, 2024 June 30, 2027
Keith Young, Rancho Mirage March 2, 2023 July 1, 2027
Christian Samlaska, Cathedral City July 9, 2024 June 30, 2027 Kevin Wiseman, Palm Desert Jan. 13, 2022 June 30, 2025
Jan Pye, Desert Hot Springs July 11, 2018 January 17, 2025 Denise Delgado, Coachella Jan. 25, 2023 January 25, 2025 Rick Wise, Indio April 1, 2023 April 1, 2026
Margaret Park, County of Riverside July 01, 2023 June 30, 2026 Robert Berriman, Indian Wells July 01, 2023 June 30, 2026 Kevin Corcoran* Dec. 19, 2018 June 30, 2027
Todd Burke* June 19, 2019 June 30, 2025
David Feltman* June 19, 2019 June 30, 2025
Tracy Martin May 25, 2023 June 30, 2026
Daniel Caldwell May 25, 2023 June 30, 2026
J Craig Fong May 25, 2023 June 30, 2026
Dave Banks Sept. 14, 2023 June 30, 2026
Samantha McDermott June 13, 2024 June 30, 2025
Robert (Ken) Hedrick June 13, 2024 June 30, 2027
Bryan Ebenstiner June 13, 2024 June 30, 2027
Public Arts Commission
Member Original Appointment Expires
Gary Armstrong* – 5 June 24, 2021 June 30, 2027
Shawnda Thomas Faveau* – Outside Feb. 13, 2020 June 30, 2025 Christopher Ramirez – 3 May 25, 2023 June 30, 2026
Carlos Silveira – 1 June 29, 2023 June 30, 2026
Tom Burns – 5 June 29, 2023 June 30, 2026
Lauri Kibby – 3 June 13, 2024 June 30, 2026
Natasia Gascon – 2 June 13, 2024 June 30, 2027
Jim A. Lande July 9, 2024 June 30, 2027
Tina Gonsalves July 9, 2024 June 30, 2027
*Not eligible for reappointment to a subsequent full term, PSMC 2.06.010(c) Item 1B - Page 4
ATTACHMENT B
Item 1B - Page 5
Item 1B - Page 6
From:
To:
Cc:
O,aiies Mara
Evelyn Beltran
lJJadi:.
Subject: Re: Olarles F. I-Iara - Appointment to the Adminisbative Appeals Board (Alternate Member) Date: Tuesday, l ll'le 25, 2024 5:26:21 PM
NOTICE: This message o riginated o utside of The City of Pa lm Sp rings -- DO NOT CLICK o n links o r ,)pen a tta c-hments unless yo u are su re the cont ent is safe.
Hello Evelyn. I would like to look at March 1, 2025. I have too much going on until the rest of th.is year.
Thank you for your invite to me. Some things come up unexpectedly.
Wann Regards,
Charles F. Mara
On Jun 25, 2024, at 4 37 PM, Evelyn Beltran <[email protected]> wrote:
Good afternoon Mr. Mara -
Council appointed you to a full term ending June 30, 2027, as an alternate. The next open recruitment would take place March 1, 2025, through April 30, 2025. Please advise when you'd like to be sworn in; City Clerk Pree can perform your oath before '.he next MB meeting of July 24th (at 5:15pm).
CV.€.Uj,1'116e.Un.cui, I ChiefDeputy City Clerk I Office of the City Clerk [email protected]
<image001 .png>
(760) 322-8356
(760) 219 -6009
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
www.PalmSpringsCA.gov
CONFIDENTIALITY ~OTICE - This message is intended only for the addresses shown above. It may contain infonnation that is privileged, confidential or otherwise protected from disclosure. Any review, dissemination. or use of this transmission or its contents by persons other than the addressee is strictly prohibited. If you have received this message in error, ple,se notify the sender immediately at (760) 323-8204.
Palm Sp1ings City Hal is open Monday through Thursday, 7:30 a.m. - 5:30 p.m .. closed Fridays.
ATTACHMENT C
Item 1B - Page 7
Item 1B - Page 8
From : Tracey Hermosillo <THermosillo@cat hedralcity.gov> Sent: Thursday, June 27, 2024 1:50 PM
To: Cassandra Edney <[email protected]> Cc: Christ ina Burton <[email protected]>
Subject: RE: Airport Commissioner Expirat ion
NOTICE: This message originat ed outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure t he cont ent is safe.
Good Afternoon,
At the June 26, 2024, Meeting of the City Council, they appointed Christ ian Samlaska to represent Cat hedral City on the Palm Springs International Airport Commission for a three year term continuing through June 30, 2024. The following is his contact information:
Ch-istian Samlaska
30950 Avenida Del Yermo
Cathedral City, CA 9223'1
206 915-1161
[email protected]
Please let me know if you need anything else from me.
Thank you,
Tracey
ATTACHMENT D
Item 1B - Page 9
Item 1B - Page 10
From: Monika Radeva
To Cassandra f dnev :
Cc:
Subj ect:
.l.wilQrftt;. I aurie McGiolev· Monika Radf:Ya
PSAC - LQ Representative - Geoffrey Kiehl
Thursday, June 27, 2024 10:43:37 PM
im~nP001.nnn
Date:
Attachments:
Jmaoe002.ono
Jmaoe003.ono
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you ar e sure the content is safe.
Hi Cassandra, yes, the La Quinta City Council appointed resident Geoffrey Kiehl as the City's representative on the Palm Sprints Airport Commission.
Below is a snip-it from the draft minutes, which will be approved by Council at the 7/2/2024 meeting and Lori will email you the signed copy on 7/3/2024. Please let us know if you will require anything else from us.
Thank you for your understanding and patience.
3 The tollowWlQ ..1ppicants Qa\1 8 a bri9f presootation of thoir WI.P8'ionco and qualificalions. fisted in the order 1n which they spoke:
Sieven Cheny
Wil<ot1-fWil}f,olclhou'"' {w,rhdr.n,•n G/2412024)
• Owoff•• v K-.hl • Thomae Thetford (a~nt)
Resuhs o f the ballot vote: Councilmember Fitzrxitricl:· Geoffrey Kiehl Councilm<im~ r McGarrvy: G~ ffriy Kiwhl
Ccunalmcmbor Pello· Geoffroy K.,hl CounalnuimbQr Sanchez. Goo1rli¥'f KiMI Mayor Evans: Geoffrey Kiehl MOTION - A motion was m:ide and secon~d by Coui1cMTien-hE1s Fitzpabick/McG:m9Y ~~~ll ~:~0,~17;b~~t~~~•~~,~1~0.8Jo27!P ~~ ;::s~::!~~~t thrte· 4) FINANCIAi APYISOBY COMMISSION - ad~isory to Council 5 ap~cabons; Open 4 vacancies fof fuU ~year terms The following awlic.lots g::ivo .:i brief prosoot::itioo o1 lhoir 8J1petioo<:o ::iod qu::alitic36oos. l11t@d 1n 1M o,tw in ~tvch thfly tpok@· Bnon Anderson• Keith Dorsey'"
Geofff8Y Ki8hr
David l ee
Mork S uumain
Rtt1ull1 ol Uu, bollol vot•;
Cooncatmember Fitz.potrick· BriM Anderson, Keith Dorsey, Geoffrey Ktehl, and D.Jvid Lee Counalmember McGarrey: Bnan Anderson, Kel'lh Dorsey, Geoffrey Ki:hl, and David l ee Councalmember Perin· Sn.in Anderson, Kerth Dorsey, Geoffrey Kiehl and QalJid Lee Counci!mGmbor Sanchez. Briao AndetSOll, Keith Oorooy, GeoffrGy Kiehl, and David Leo r,b yor Evnn1· Bn~n Anchwson, KM!h Oots@y, Geoffrey K~I, :iind 0111V1d l..ff t.40TION - A mobon w.as made and seconded by Counalnlemb@rs Sanc.hez/Fitzpotndl to o.ppoint soon .Anderson. Keith Dorsey. Geoffrey Kiehl. .:md O::ivid Lee to serve on the CITY COUNCIL ANO IIOU~ ff(, A\ITIIORllY
NIJrES-Sl1::t IAl--'JUIN, Ml f:llNU
Monika Radeva, CMC I City Clerk
City of La Quinta
78495 Calle Tampico, La Quinta, CA 92253
Tel: (760) 777-7035
MRadeva@laquintaca gov
JUtJE 20, 2024
ATTACHMENT E
Item 1B - Page 11
ORDINANCE NO. 2098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS
2.24.010 and 2.24.020 OF THE PALM SPRINGS MUNICIPAL
CODE TO EXPAND THE PUBLIC ARTS COMMISSION
FROM SEVEN TO NINE MEMBERS.
City Attorney’s Summary
This ordinance expands the City’s Public Arts Commission from seven to nine members.
WHEREAS, the Public Arts Commission of the City of Palm Springs plays a crucial role in facilitating cultural and artistic projects, enhancing the community's quality of life; and
WHEREAS, there is an increasing complexity and volume of public art projects requiring enhanced coordination with other city departments and necessitating specialized skills in solicitations, procurement, and contract management; and WHEREAS, expanding the membership of the Public Arts Commission from seven to nine members will provide the necessary support and resources to effectively manage and implement the growing number of sophisticated art projects and ventures within the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.
SECTION 2. Code Amendment. Section 2.24.010 of the Palm Springs Municipal Code is hereby amended to read as follows:
“2.24.010 Creation.
There is created within the city of Palm Springs a public arts commission consisting of nine members, appointed by the city council, to serve at the pleasure of the city council.”
Item 1B - Page 12
Ordinance No. 2098
SECTION 3. Code Amendment. Section 2.24.020 of the Palm Springs Municipal Code is hereby amended to read as follows:
“2.24.020 Term—Vacancies—Vote.
Members of the commission shall serve for the term provided by Chapter 2.06 of the Palm Springs Municipal Code. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission pursuant to this chapter. Five members shall constitute a quorum of the commission, and any ruling, decision or other action of the commission may be taken by a majority of those members present, provided a quorum is present.” SECTION 4. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment.
SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Palm Springs hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9TH DAY OF JULY, 2024.
JEFFREY BERNSTEIN
MAYOR
ATTEST:
Item 1B - Page 13
Ordinance No. 2098
BRENDA PREE
CITY CLERK
Item 1B - Page 14
Ordinance No. 2098
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on June 13, 2024 and adopted at a regular meeting of the City Council held on July 9, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2024.
BRENDA PREE
CITY CLERK
Item 1B - Page 15
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 06-08-24 TOTALING $2,350,523.30 AND
ACCOUNTS PAYABLE WARRANTS DATED 06-06-24
TOTALING $4,429,202.69, IN THE AGGREGATE AMOUNT
OF $6,779,725.99, DRAWN ON BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 9TH DAY OF JULY, 2024.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1C - Page 1
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
Item 1C - Page 2
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
FLEX SAVINGS ACCOUNT
TOTAL 2,350,523.30
DEFERRED COMP: NATIONWIDE 30,733.79
ICMA RHS CONTRIBUTION 25,437.50
CA DCCS 4,238.30
DEFERRED COMP: ICMA 457 55,330.00
LIABILITY CHECK REGISTER 2017384-2017397 25,650.86
PAYROLL DIRECT DEPOSITS 1,727,025.44
FEDERAL TAXES 331,408.34
STATE TAXES 111,690.08
13,960.73
VENDOR WIRE PYMTS 6,280.88
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422700-422708 18,767.38
PAY DATE 6/14/2024
July 9, 2024
PAYROLL PERIOD ENDING 6/8/2024
(2) Payroll Wires and Warrants Memo for PPE 060824 | 07092024 |7/3/2024 | 10:32 AM (AM) 1 | 1 Item 1C - Page 3
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 06/06/2024 10:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2017195 06/06/2024 PRINTED 104562 2900 EAST RAMON ROAD LLC 161.10 2017196 06/06/2024 PRINTED 100251 AARDVARK 375.66
2017197 06/06/2024 PRINTED 101208 ABM AVIATION INC 88,215.36 2017198 06/06/2024 PRINTED 100024 ACE PRINTING 289.51
2017199 06/06/2024 PRINTED 104389 AECOM TECHNICAL SERVICES 13,040.00 2017200 06/06/2024 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 12,671.84 2017201 06/06/2024 PRINTED 101327 US SECURITY ASSOCIATES IN 110,090.69 2017202 06/06/2024 PRINTED 100572 AMAZON COM 613.79
2017203 06/06/2024 PRINTED 103781 AMAZON.COM SALES INC 1,169.58 2017204 06/06/2024 PRINTED 100383 AMERICAN FORENSIC NURSES 488.43 2017205 06/06/2024 PRINTED 016325 JANELLA ANDREWS 1,346.88 2017206 06/06/2024 PRINTED 103939 ARCONAS INC 77,615.57 2017207 06/06/2024 PRINTED 101772 ASCO POWER SERVICES INC 2,240.00 2017208 06/06/2024 PRINTED 100413 B & H PHOTO 1,260.74
2017209 06/06/2024 PRINTED 104540 BARRY SAYWITZ PROPERTIES 4,190.00 2017210 06/06/2024 PRINTED 104386 BERG AND ASSOCIATES INC 55,213.17 2017211 06/06/2024 PRINTED 015747 AMY BLAISDELL 46.50
2017212 06/06/2024 PRINTED 016500 ARMANDO BONILLA 319.67 2017213 06/06/2024 PRINTED 015696 BRIAN DAVIS 320.00
2017214 06/06/2024 PRINTED 100128 BRODART CO 7,404.97
2017215 06/06/2024 PRINTED 101288 CALIFORNIA BOILER 2,050.00 2017216 06/06/2024 PRINTED 104859 HELEN CAMPBELL 10,000.00 2017217 06/06/2024 PRINTED 103604 CAROLLO ENGINEERS INC 6,373.00 2017218 06/06/2024 PRINTED 016293 VICTORIA CARPENTER 946.97 2017219 06/06/2024 PRINTED 104811 CARPENTERS TIME CENTER 6,642.40 2017220 06/06/2024 PRINTED 104603 SAN MACEDONIO CO LP 20,103.56 2017221 06/06/2024 PRINTED 101837 CASC ENGINEERING AND CONS 16,260.00 2017222 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2017223 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 1,282.41 2017224 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2017225 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 1,182.84 2017226 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 254.97 2017227 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2017228 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 388.56 2017229 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2017230 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 2,157.56 2017231 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2017232 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2017233 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2017234 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2017235 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 109.99 2017236 06/06/2024 PRINTED 100353 CHARTER COMMUNICATIONS 209.49 2017237 06/06/2024 PRINTED 100558 CINTAS CORPORATION 395.12 2017238 06/06/2024 PRINTED 104857 BRUCE CLARK 2,555.98
2017239 06/06/2024 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 14,977.00 2017240 06/06/2024 PRINTED 100007 CPS HUMAN RESOURCE SERVIC 1,201.00 2017241 06/06/2024 PRINTED 100322 CYRUN CORPORATION 72,890.00 2017242 06/06/2024 PRINTED 100115 DANIELS TIRE SERVICE INC 890.71 2017243 06/06/2024 PRINTED 100318 DATA TICKET INC 13,293.64 2017244 06/06/2024 PRINTED 104846 DAVID WELLHOUSE AND ASSOC 9,000.00 2017245 06/06/2024 PRINTED 100265 DELL MARKETING LP 1,194.10 2017246 06/06/2024 PRINTED 104524 DESERT BOUTIQUE TMO LLC 4,819.03 Item 1C - Page 4
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 06/06/2024 10:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2017247 06/06/2024 PRINTED 100048 DESERT FIRE EXTINGUISHER 2,222.08 2017248 06/06/2024 PRINTED 100580 DESERT PROMOTIONAL EMBROI 2,374.01 2017249 06/06/2024 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 1,913.34 2017250 06/06/2024 PRINTED 101244 DOWNS ENERGY 33,530.98 2017251 06/06/2024 PRINTED 100054 DESERT WATER AGENCY 5,132.55 2017252 06/06/2024 PRINTED 100054 DESERT WATER AGENCY 607.74 2017253 06/06/2024 PRINTED 100054 DESERT WATER AGENCY 67,383.11 2017254 06/06/2024 PRINTED 100054 DESERT WATER AGENCY 21,473.20 2017255 06/06/2024 PRINTED 100054 DESERT WATER AGENCY 2,086.79 2017256 06/06/2024 PRINTED 104267 ECOVIVARIUM 450.00
2017257 06/06/2024 PRINTED 100750 ELM USA INC 219.71
2017258 06/06/2024 PRINTED 100274 ENGINEERING RESOURCES OF 54,407.16 2017259 06/06/2024 PRINTED 101775 ENVISIONWARE INC. 2,343.23 2017260 06/06/2024 PRINTED 100601 ERGOMETRICS 21,035.34 2017261 06/06/2024 PRINTED 100081 FEDERAL EXPRESS CORPORATI 58.03 2017262 06/06/2024 PRINTED 103451 FIESTA FORD INC 794.64 2017263 06/06/2024 PRINTED 015746 ROBERT FONTES 188.56
2017264 06/06/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,107.24 2017265 06/06/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 475.90 2017266 06/06/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.64 2017267 06/06/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 73.66 2017268 06/06/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 160.48 2017269 06/06/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 10,976.62 2017270 06/06/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 79.98 2017271 06/06/2024 PRINTED 104595 GENESIS FLOOR COVERING IN 57,484.00 2017272 06/06/2024 PRINTED 100169 GENSLER 4,179.16
2017273 06/06/2024 PRINTED 016514 NIKKI GOMEZ 98.00
2017274 06/06/2024 PRINTED 100313 GRANICUS INC 1,745.00 2017275 06/06/2024 PRINTED 101672 GULF CALIFORNIA BROADCAST 1,850.00 2017276 06/06/2024 PRINTED 102960 HI GRADE MATERIALS CO 602.56 2017277 06/06/2024 PRINTED 101535 HINGEWERKS COMMERCIAL DOO 2,172.51 2017278 06/06/2024 PRINTED 104718 HYDROLOGY GROUP INC 2,100.00 2017279 06/06/2024 PRINTED 103681 IMPRENTA COMMUNICATIONS G 10,400.00 2017280 06/06/2024 PRINTED 016543 FRANCIS J INGRASSIA 965.79 2017281 06/06/2024 PRINTED 103170 CONTROLTOUCH SYSTEMS LLC 6,250.00 2017282 06/06/2024 PRINTED 100119 INTERACTIVE DESIGN CORPOR 6,470.00 2017283 06/06/2024 PRINTED 104575 INVESTMENT CONCEPTS 2,681.53 2017284 06/06/2024 PRINTED 103963 JOHN FRIEDMAN ALICE KIMM 17,052.20 2017285 06/06/2024 PRINTED 101249 JOHNSON CONTROLS FIRE PRO 2,170.80 2017286 06/06/2024 PRINTED 101606 KINCAID INDUSTRIES INC 54,027.77 2017287 06/06/2024 PRINTED 101800 LIBRARY IDEAS 1,142.96 2017288 06/06/2024 PRINTED 100332 LIEBERT CASSIDY WHITMORE 63,619.05 2017289 06/06/2024 PRINTED 100910 LUCE PUPPET COMPANY 425.00 2017290 06/06/2024 PRINTED 103805 M BREY ELECTRIC INC 50,397.00 2017291 06/06/2024 PRINTED 104667 MARRS SERVICES INC 2,992.00 2017292 06/06/2024 PRINTED 101513 MARTHA'S VILLAGE AND KITC 227,634.62 2017293 06/06/2024 PRINTED 104785 MATHIS BROS OKLAHOMA CITY 4,912.72 2017294 06/06/2024 PRINTED 104666 MATTRESS FIRM INC 10,157.32 2017295 06/06/2024 PRINTED 101253 MAXIMUM SECURITY ALARM SY 292.76 2017296 06/06/2024 PRINTED 016290 DANIEL MEIER 3,162.40 2017297 06/06/2024 PRINTED 101798 MIDWEST TAPE INC 1,978.72 2017298 06/06/2024 PRINTED 100266 MIRACLE RECREATION EQUIPM 371,109.42 Item 1C - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 06/06/2024 10:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2017299 06/06/2024 PRINTED 100079 MOHICA TOWING 230.00
2017300 06/06/2024 PRINTED 101211 NAI CONSULTING 9,405.00 2017301 06/06/2024 PRINTED 103465 DESERT AREA CORPORATION 19.98 2017302 06/06/2024 PRINTED 100103 OCLC INC 3,756.56
2017303 06/06/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 5,303.74 2017304 06/06/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 3,935.51 2017305 06/06/2024 PRINTED 103889 OLLIN DOCK & DOOR INC 36,189.86 2017306 06/06/2024 PRINTED 100282 PACIFIC PRODUCTS AND SERV 17,393.72 2017307 06/06/2024 PRINTED 100926 PALM GROVE GROUP LLC 166,929.90 2017308 06/06/2024 PRINTED 016296 FEDERICO PAZ 364.50
2017309 06/06/2024 PRINTED 104856 PEAK ROOF MANAGEMENT 504.58 2017310 06/06/2024 PRINTED 104848 PERSONALIZED SECURITY SER 108.00 2017311 06/06/2024 PRINTED 103521 PLAZA TOWING INC 3,150.00 2017312 06/06/2024 PRINTED 104382 POWER OPTIONS 1,034.00 2017313 06/06/2024 PRINTED 101292 PROFESSIONAL MEDICAL WARE 15,727.47 2017314 06/06/2024 PRINTED 100596 PROPER SOLUTIONS INC 37,455.13 2017315 06/06/2024 PRINTED 103895 PUB CONSTRUCTION INC 22,500.00 2017316 06/06/2024 PRINTED 101528 PUMPMAN HOLDINGS LLC 8,152.00 2017317 06/06/2024 PRINTED 101230 R S AND H CALIFORNIA INC 2,319.75 2017318 06/06/2024 PRINTED 100718 RACHEL REEDY DVM 1,877.00 2017319 06/06/2024 PRINTED 101629 THE RAMSAY GROUP 6,450.00 2017320 06/06/2024 PRINTED 104616 RANCHERIA DEL SOL PARTNER 3,564.00 2017321 06/06/2024 PRINTED 104486 RED HAWK SERVICES INC 6,404.96 2017322 06/06/2024 PRINTED 101739 REFRIGERATION SUPPLIES DI 1,164.39 2017323 06/06/2024 PRINTED 102676 RAYMON A SALINAS 4,800.00 2017324 06/06/2024 PRINTED 104059 SAME DAY EXPRESS LLC 9,650.00 2017325 06/06/2024 PRINTED 102484 RESORTS PALM SPRINGS LLC 65,276.43 2017326 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,471.22 2017327 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,271.47 2017328 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 31.51 2017329 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,431.71 2017330 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 354.31 2017331 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,105.96 2017332 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 26,606.17 2017333 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 107.88 2017334 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 103.70 2017335 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 44.42 2017336 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 43.71 2017337 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 103.41 2017338 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,664.51 2017339 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 111.22 2017340 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 630.71 2017341 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 247.77 2017342 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,831.72 2017343 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,129.56 2017344 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 61.11 2017345 06/06/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 32.39 2017346 06/06/2024 PRINTED 104844 JOHN ABRAMS 399.00
2017347 06/06/2024 PRINTED 103804 WEST AVIATION SERVICES-SA 62,524.00 2017348 06/06/2024 PRINTED 100010 SMOKE TREE STABLES 420.00 2017349 06/06/2024 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 449.04 2017350 06/06/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 93.02 Item 1C - Page 6
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City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 06/06/2024 10:27
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2017351 06/06/2024 PRINTED 101822 SO CAL LAND MAINTENANCE I 37,584.00 2017352 06/06/2024 PRINTED 100000 SOUTH COAST AQMD 1,030.62 2017353 06/06/2024 PRINTED 100327 SOUTH COAST LLC 16,113.35 2017354 06/06/2024 PRINTED 100577 SPARKLETTS - DS SERVICES 96.92 2017355 06/06/2024 PRINTED 100544 STANLEY ACCESS TECHNOLOGI 900.00 2017356 06/06/2024 PRINTED 100284 STANTEC CONSULTING SVCS I 24,738.42 2017357 06/06/2024 PRINTED 104855 ASHLEY TAYLOR 579.20
2017358 06/06/2024 PRINTED 104602 TETRA TECH INC 1,670.96 2017359 06/06/2024 PRINTED 104096 TILDEN COIL CONSTRUCTORS 1,334,754.30 2017360 06/06/2024 PRINTED 104184 TK ELEVATOR CORPORATION 6,933.51 2017361 06/06/2024 PRINTED 102712 TSG ENTERPRISES, INC. 15,169.00 2017362 06/06/2024 PRINTED 100386 U S CUSTOMS SERVICE 3,833.32 2017363 06/06/2024 PRINTED 104384 UNIFIED FIELD SERVICES CO 380,179.46 2017364 06/06/2024 PRINTED 100405 UNION PACIFIC RAILROAD CO 1,444.74 2017365 06/06/2024 PRINTED 100114 UNITED RENTALS NA INC 3,586.68 2017366 06/06/2024 PRINTED 104368 UNIVERSAL GREEN LLC 39,750.00 2017367 06/06/2024 PRINTED 100295 US BANK CORPORATE PAYMENT 204,698.10 2017368 06/06/2024 PRINTED 101784 V AND V MANUFACTURING 73.13 2017369 06/06/2024 PRINTED 100200 VALLEY LOCK AND SAFE 5,211.85 2017370 06/06/2024 PRINTED 100066 VALLEY MAIL DELIVERY 3,057.00 2017372 06/06/2024 PRINTED 100129 VCA ANIMAL HOSPITALS INC 569.52 2017373 06/06/2024 PRINTED 100144 VERIZON WIRELESS 2,775.09 2017374 06/06/2024 PRINTED 100144 VERIZON WIRELESS 13,956.41 2017375 06/06/2024 PRINTED 100144 VERIZON WIRELESS 3,167.00 2017376 06/06/2024 PRINTED 101537 VISUAL EDGE INC 50.18 2017377 06/06/2024 PRINTED 101220 WATERLINE TECHNOLOGIES IN 2,161.84 2017378 06/06/2024 PRINTED 100156 WAXIE SANITARY SUPPLY 1,558.68 2017379 06/06/2024 PRINTED 101680 WEST COAST CODE CONSULTAN 55,710.25 2017380 06/06/2024 PRINTED 103973 WEX HEALTH INC 739.50 2017381 06/06/2024 PRINTED 104651 TODD WHEELAN 200.00
2017382 06/06/2024 PRINTED 100268 ZOLL MEDICAL CORPORATION 13,906.11 2017383 06/06/2024 PRINTED 016541 PAOLA RAFAEL 2,316.74 188 CHECKS CASH ACCOUNT TOTAL 4,429,202.69 .00
Item 1C - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 06/06/2024 10:27
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
188 CHECKS FINAL TOTAL 4,429,202.69 .00
** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 8
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CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO MATICH
CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $7,281,225, AND APPROVE THE ACCEPTANCE OF THE FEDERAL
AVIATION ADMINISTRATION GRANT AWARD FOR THE FUNDING OF
THE PROJECT FOR THE AIRPORT TAXIWAY REHABILITATION, CITY PROJECT 21-27
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Approval of this item will award a contract to Matich Corporation for the construction of the Airport Taxiway Rehabilitation and accept funding from the Federal Aviation Administration grant award, City Project 21-27, for the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Award a construction contract to Matich Corporation in the amount of $7,281,225 for the Airport Taxiway Rehabilitation, City Project 21-27 (“Project”);
2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $728,122 with all change orders reported to the City Council;
3. Authorize the City Manager to approve acceptance of a Federal Aviation Administration grant in an amount not-to-exceed $8,650,000 for the Palm Springs International Airport;
4. Appropriate $8,300,000 in the Airport Capital Project Federal Grants 416.38015 ($2,719,800) and in the Grants Expense 4167070-50126 and in the Capital Improvement Project 4167065.80000 ($280,200); and
5. Authorize the City Manager to execute all necessary documents.
Item 1D - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Award Airport Taxiway Rehab CP 21-27
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure form for Matich Corporation is included as Attachment A.
BACKGROUND:
On May 2, 2018, the City Council approved a 5-year on-call agreement with WSP USA Inc., (Agreement No. A7149) for professional aviation consulting services. Pursuant to Federal Aviation Administration (FAA) regulations related to on-call service agreements, the on-call agreement with WSP USA, Inc. (WSP), assigned responsibility to WSP to perform various as-needed services within the Airport, including capital projects associated with the rehabilitation of airfield taxiways.
On September 18, 2019, the City Council approved a purchase order with WSP for the completion of an Airfield Pavement Condition Index (PCI) report inclusive of all airfield pavements. PCIs are generally conducted at set intervals to inform the FAA of when pavement has reached its useful life and to request new grant assistance for rehabilitation or full replacement. WSP conveyed their airfield pavement rehabilitation recommendations to the City with Pavement Condition Index Survey & Analysis dated March 31, 2021.
The FAA pavement condition rating (PCR) categorizes pavement as either “Good” to “Very Poor” per an associated PCI range. The PCI report by WSP found that various taxiways at the Airport ranked as either “fair” or “poor”, requiring rehabilitation.
Rehabilitation is the replacement of a portion of the pavement structural layers, which is generally more cost effective than a full pavement reconstruction. Typically, pavements with a PCR of “Fair” are candidates for rehabilitation and pavements with a PCR of “Poor” require a full pavement reconstruction; however, there are times when rehabilitation strategies are justified on pavements with a PCR in the “Poor” category.
On January 27, 2022, the City Council approved a purchase order with RS&H California, Inc., (“RS&H) to provide rehabilitation methods based on the WSP Pavement Condition Index Survey & Analysis and to provide plans, specifications, and estimate (PS&E) needed to go out to bid for construction.
On June 16, 2022, the City Council approved the acceptance of the FAA grant to design phase 1 of the Taxiway W and A1 Rehabilitation project.
STAFF ANALYSIS:
On February 29, 2024, the City Council approved the plans, specifications, and estimates (PS&E) for the proposed taxiway rehabilitation project. Based on the Pavement Condition Report and RS&H construction methods, Table 1 below shows which taxiways are candidates for rehabilitation and Figure 1 shows the locations of the taxiways scheduled Item 1D - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Award Airport Taxiway Rehab CP 21-27
for rehabilitation. Footnote No. 2 to Table 1 provides a breakdown of Pavement Condition Ratings and their associated PCI ranges.
Table 1
Name Branch Section PCI1 PCR2 % Load Area (sf)
Taxiway A TA 05 43 Poor 52 57,823
Taxiway A1 TA1 01 66 Fair 54 22,965
Taxiway A1 TA1 02 52 Poor 0 97,161
Taxiway W TW 01 65 Fair 30 91,125
Taxiway W TW 02 50 Poor 53 266,583
Taxiway W TW 03 55 Poor 41 303,640
Total N/A N/A N/A N/A N/A 839,297 1 2024 Estimated PCI
2 Good = 100 – 86; Satisfactory = 85 – 71; Fair = 70-56; Poor = 55 – 41; Very Poor = 40 - 26 Figure 1
This Project was advertised for bidding in The Desert Sun, industry plan rooms and Planetbids, an online electronic bid system, on March 7, 2024. The estimated cost was $10,606,000. On April 8, 2024, five bids were received.
Company Location Bid Amount
Matich Corporation Cabazon, CA $7,281,225.00
Coffman Specialties, Inc. San Diego, CA $8,965,000.00
Granite Construction Co. Indio, CA $9,114,520.00
All American Asphalt Corona, CA $9,921,433.50
Nationwide Contracting Services, Inc. Huntington Beach, CA $13,899,621.10 Item 1D - Page 3
City Council Staff Report
July 9, 2024 -- Page 4
Award Airport Taxiway Rehab CP 21-27
Project Labor Agreement (PLA)
This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost.
Bid Analysis
The bid documents submitted were reviewed and it was determined that Matich Corporation complied with the instructions to bidders and has submitted the lowest responsive and responsible bid at $7,281,225. It is recommended that the Project be awarded to Matich. The proposed agreement is included as Attachment B.
Airport staff believes that the FAA may transmit the grant to the City during the month of August and request for the City to sign the agreements and return them prior to September 30, 2024. Therefore, this action would authorize the City Manager to sign the grant agreement for the amount published by the FAA, as stated above.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Airport Taxiway Rehabilitation, City Project No. 21-27, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This Project aligns with City Council Priority 2A – Prioritize deferred maintenance.
FISCAL IMPACT:
The Airport is requesting funding from the Federal Aviation Administration (FAA) for this project through the Airport Improvement Program (AIP) entitlement funds. The request for project funding totals $9,500,000 with 90.66% or $8,612,700 eligible for FAA AIP grant reimbursement and 9.34% or $887,300 being funded by the Airport. A total of $6,500,000 was budgeted in Fiscal Year 2024-2025. Approval of this action would require the appropriation of $3,000,000 in the Airport Capital Project Federal Grants 416.38015 ($2,719,800) and in the Grants Expense 4167070-50126 as well as the Airports portion in the Capital Improvement Project 4167065.80000 ($280,200).
Item 1D - Page 4
City Council Staff Report
July 9, 2024 -- Page 5
Award Airport Taxiway Rehab CP 21-27
REVIEWED BY:
City Engineer Joel Montalvo
Aviation Executive Director Harry Barrett Jr.
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form – Matich Corporation B. Construction Agreement
Item 1D - Page 5
Attachment A
Item 1D - Page 6
Item 1D - Page 7
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
1. Name of Entity
Matich Corporation
2. Address of Entity (Principle Place of Business)
1596 Harry Sheppard Blvd, San Bernardino, CA 92408
3. Local or California Address (if different than #2)
13984 Apache Trail, Cabazon, CA 92230
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? • Yes • No
5. Type of Entity
M Corporation • Limited Liability Company • Partnership • Trust • Other (please soecifv)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and otherfiduciaries for the member, manager, trust or other entity Robert M. Matich rs( Officer D Director • Member D Manager President • General Partner • Limited Partner
D Other
Randall S. Valadez ~Officer • Director • Member • Manager Vice President, Treasurer, & Corporate Secretary • General Partner • Limited Partner • Other
Jacob 0 . Reade isl Officer • Director • Member • Manager Vice President - Construction Operations • General Partner • Limited Partner D Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
AIRPORT TAXIWAY REHABILITATION
CITY PROJECT NO. 21-27
FEBRUARY 2024
Item 1D - Page 8
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
1. Name of Entity
Matich Corporation
2. Address of Entity (Principle Place of Business)
1596 Harry Sheppard Blvd, San Bernardino, CA 92408
3. Local or California Address (if different than #2)
13984 Apache Trail, Cabazon, CA 92230
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? • Yes • No
5. Type of Entity
M Corporation • Limited Liability Company • Partnership • Trust • Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and otherfiduciaries for the member, manager, trust or other entity Jason G. Jones ~Officer • Director • Member • Manager Vice President - Estimating • General Partner • Limited Partner • Other
• Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
• Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
AIRPORT TAXIWAY REHABILITATION
CITY PROJECT NO. 21-27
FEBRUARY 2024
Item 1D - Page 9
Corporate Resolution
At a meeting of the Board of Directors of MATICH CORPORATION, a California corporation duly called and held on the 15th day of October 2021, a quorum being present the following RESOLUTION was adopted:
Resolved, the Corporate Officers for Matich Corporation are:
PRESIDENT
VICE PRESIDENT & TREASURER
VICE PRESIDENT & CORPORATE SECRETEARY
VICE PRESIDENT- ESTIMATING
VICE PRESIDENT - CONSTRUCTION OPERATIONS
ROBERT M. MATICH
RANDALL S. VALADEZ
RANDALL S. VALADEZ
JASON G. JONES
JACOB 0. READE
FURTHER RESOLVED, that the above listed Corporate Officers are duly authorized to sign document (bids, contracts, etc.) as may be necessary on behalf of MATICH CORPORATION.
I, Randall S. Valadez, Secretary of MATICH CORPORATION have compared the foregoing RESOLUTION with original thereof, as it appears in the records of the Board of Directors of said company, and do so certify that the same is true and correct transcript there from, and of the whole said original RESOLUTION.
I further certify that said RESOLUTION has not been amended or revoked and is still in full force and effect.
IN WITNESS THEREOF, I hereunto set my hand as such Secretary thi th day of October 2021. 1596 HARRY SHEPPARD BLVD, SAN BERNARDINO 92408 • TELEPHONE (909) 382-7400 • FAX (909) 382·0191 www.matichcorp.com
Item 1D - Page 10
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:
Jane Doe 50%, ABC Company, Inc.
[name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
A.
Robert M. Matich 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
[name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Date
April 8, 2024
s, Vice President - Estimatin
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
AIRPORT TAXIWAY REHABILITATION
CITY PROJECT NO. 21 -27
FEBRUARY 2024
Attachment B
Item 1D - Page 11
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX CONSTRUCTION CONTRACT – PAGE 1 FEBRUARY 2024
AGREEMENT ____
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 20 , by and
between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Matich Corporation., a California corporation, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:
AIRPORT TAXIWAY REHABILITATION
TAXIWAY W AND TAXIWAY A1
The Work comprises a 4”-5” mill and overlay pavement rehabilitation for Taxiway W and Taxiway A1 at Palm Springs International Airport.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
Item 1D - Page 12
1111
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX CONSTRUCTION CONTRACT – PAGE 2 FEBRUARY 2024
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is SEVEN MILLION TWO HUNDRED AND EIGHTY ONE THOUSAND TWO HUNDRED TWENTY-FIVE DOLLARS ($7,281,225).
Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non- Discrimination Certification, Non-Collusion Declaration, Equal Employment Opportunity Certification, Debarment and Suspension Certification, Non-Lobbying Certification for Federal Aid Contracts, Disclosure of Lobbying Activities, Bidder's General Information, Bid Security or Bid Bond, Exhibit 15G Construction Contract DBE Commitment, Exhibit 15H DBE Information-Good Faith Efforts, Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232 Statement, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers _1_ to _1_, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.
The Contract Documents shall also incorporate those certain Federal Requirements for FederalAid Construction Projects including, Form FHWA 1273, Female and Minority Goals, Title VI Assurances, Use of United States Flag Vessels, as well as the Davis Bacon Wage Determination for applicable prevailing wage rates, included in Exhibit “C” attached hereto and made a part hereof. Exhibit “C” shall be included in all subcontracts $10,000 or more.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein Item 1D - Page 13
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX CONSTRUCTION CONTRACT – PAGE 3 FEBRUARY 2024
contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party.
Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 5-8 “Indemnification,” of the Special Provisions.
ARTICLE 9 -- PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws").
Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.
ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
Item 1D - Page 14
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX CONSTRUCTION CONTRACT – PAGE 4 FEBRUARY 2024
ARTICLE 11--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.
ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Contractor shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Contractor shall also certify compliance with N-6-22 by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Contractor shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
Item 1D - Page 15
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX CONSTRUCTION CONTRACT – PAGE 5 FEBRUARY 2024
ARTICLE 13 – PROJECT LABOR AGREEMENT
13.1 Generally
The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.
Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as Exhibit “B” and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.
13.2 Subcontractors
Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.
13.3 Condition of Payment
Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.
13.4 Reformation
Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.
13.5 Conflicts
In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.
13.6 Costs of Compliance
Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13.
Item 1D - Page 16
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FEDERAL AID PROJECT NO. XXXX XXXX XXX CONSTRUCTION CONTRACT – PAGE 6 FEBRUARY 2024
13.7 Not a Limitation
The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.
SIGNATURES ON NEXT PAGE
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AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX CONSTRUCTION CONTRACT – PAGE 7 FEBRUARY 2024
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND MATICH CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1D - Page 18
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX EXHIBIT “A” – EXECUTIVE ORDER N-6-22 – PAGE 8 FEBRUARY 2024
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Item 1D - Page 19
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX EXHIBIT “B” – LETTER OF ASSENT – PAGE 9 FEBRUARY 2024
EXHIBIT “B”
LETTER OF ASSENT
A letter of assent is to be signed by all contractors awarded work covered by the City of Palm Springs Community Workforce Agreement prior to commencing work. [Contractor’s Letterhead]
CWA Administrator
City of Palm Springs
Attn: Procurement & Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Community Workforce Agreement – Letter of Assent
City Project No. XX-XX
Dear Sir/Madame:
This is to confirm that [name of company] agrees to be part to and bound by the City of Palm Springs Community Workforce Agreement effective Month Day, Year, as such Agreement may, from time to time by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.
Sincerely,
[Name of Construction Company]
By: [ ]
Name and Title of Authorized Executive
Contractor State License No.:
Business Address:
Business Phone:
Cc: San Bernardino/Riverside Counties Building and Construction Trades Council AFLCIO Item 1D - Page 20
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX EXHIBIT “C” – TITLE PAGE – PAGE 10 FEBRUARY 2024
EXHIBIT “D”
FORM FHWA 1273
FEMALE AND MINORITY GOALS
TITLE VI ASSURANCES
AND
DAVIS BACON WAGE DETERMINATIONS
FOLLOWS THIS PAGE
Item 1D - Page 21
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX EXHIBIT “C” – FORM FHWA 1273 – PAGE 11 FEBRUARY 2024
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels: ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency
contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
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. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by Item 1D - Page 22
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reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such 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."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO 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, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a 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 Item 1D - Page 23
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
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FEDERAL AID PROJECT NO. XXXX XXXX XXX EXHIBIT “C” – FORM FHWA 1273 – PAGE 13 FEBRUARY 2024
reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women.
The failure of a union to provide sufficient 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 thereunder.
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, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE)
program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this 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 nonresponsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable 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 more than $10,000. 41 CFR 60-1.5.
Item 1D - Page 24
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As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH– 1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
(ii) The classification is used in the area by the construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the Item 1D - Page 25
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views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under
paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination.
The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to DavisBacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor,
regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph
3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after Item 1D - Page 26
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the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired.
Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at
https://www.dol.gov/sites/dolgov/ files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete;
(ii)That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
(5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
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(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. 23 CFR
230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier
subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR
5.5. 9. Disputes concerning labor standards. As provided in 29 CFR
5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S.
Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 Item 1D - Page 28
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CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in paragraph
1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5.
In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include 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: (based on longstanding Item 1D - Page 29
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interpretation)
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the 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 FHWA1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the 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 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR
2.101; 2 CFR 200.327.
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By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the 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. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * *
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;
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(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * *
4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements)
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b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-oflading) and to the Office of Cargo and Commercial Sealift (MAR620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Item 1D - Page 33
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Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
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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 Federalaid 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
6.6 176
San Francisco-Oakland-San Jose, CA:
28.9 25.6
19.6 14.9
9.1 17.1
23.2 SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
16.1 14.3
178
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne 179
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA 19.1
CA Kern
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2840 Fresno, CA CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
26.1 23.6
180
Los Angeles, CA:
SMSA Counties: 11.9
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange 28.3
4480 Los Angeles-Long Beach, CA
CA Los Angeles 21.5
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura 19.0
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino 19.7
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara 24.6
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
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 4.
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TITLE VI ASSURANCES
APPENDIX A
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 regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. 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 provide 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 recipient or FHWA to be pertinent to ascertain compliance with such 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 recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient 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 shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions Item 1D - Page 37
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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 recipient 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.
APPENDIX E
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 Non-Discrimination Authorities:
• Title VI of the Civil 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 CR 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 Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil 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, sub-recipients 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 of 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 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination 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 Item 1D - Page 38
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX EXHIBIT “C” – TITLE VI ASSURANCES – PAGE 28 FEBRUARY 2024
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).
Item 1D - Page 39
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX EXHIBIT “C” – UNITED STATES FLAG VESSELS – PAGE 29 FEBRUARY 2024
USE OF UNITED STATES-FLAG VESSELS
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
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 carriers, 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. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-oflading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor billsof-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
Item 1D - Page 40
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 30
FEBRUARY 2024
DAVIS BACON WAGE DETERMINATION CA20230025
"General Decision Number: CA20230025 11/03/2023 Superseded General Decision Number: CA20220025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION
PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $16.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2023. |
| | |
|If the contract was awarded on |. Executive Order 13658 | |or between January 1, 2015 and | generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2023. |
| | |
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 01/20/2023
3 02/10/2023
4 04/07/2023
Item 1D - Page 41
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 31
FEBRUARY 2024
5 06/30/2023
6 07/14/2023
7 08/11/2023
8 08/18/2023
9 09/08/2023
10 10/06/2023
11 11/03/2023
ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66
ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming,
bagging and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37
* BOIL0092-003 01/01/2023
Rates Fringes
BOILERMAKER......................$ 49.05 41.79
* BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.48 18.63
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2022
Rates Fringes
BRCA0018-010 09/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 38.37 14.13
TERRAZZO WORKER/SETTER...........$ 46.49 14.66
MARBLE FINISHER..................$ 37.87 14.13
TILE FINISHER....................$ 32.44 12.54
TILE LAYER.......................$ 45.05 18.33
Item 1D - Page 42
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 32
FEBRUARY 2024
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/Derr
ick Bargeman, Bridge
or Dock Carpenter,
Heavy Framer, Rock
Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
CARP0213-002 07/01/2021
Rates Fringes
DiverWet.....................$ 834.40 16.28
(1) Standby.................$ 445.84 16.28
(2) Tender..................$ 437.84 16.28
(3) 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 12/26/2022
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN..........$ 52.51
INTELLIGENT TRANSPORTATION
SYSTEMS
3%+25.41
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 $12.00 per Item 1D - Page 43
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 33
FEBRUARY 2024
hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line.
ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2023
Rates
Fringes
ELEVATOR MECHANIC................$ 63.95 37.335+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 07/01/2022
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1...................................................... $51.90 30.70 GROUP 2...................................................... $52.68 30.70 GROUP 3...................................................... $52.97 30.70 GROUP 4...................................................... $54.46 30.70 GROUP 5...................................................... $48.96 25.25 GROUP 6...................................................... $54.68 30.70 GROUP 8...................................................... $54.79 30.70 GROUP 9...................................................... $49.29 25.25 GROUP 10...................................................... $54.91 30.70 GROUP 11...................................................... $49.41 25.25 GROUP 12...................................................... $55.08 30.70 GROUP 13...................................................... $55.18 30.70 GROUP 14...................................................... $55.21 30.70 GROUP 15...................................................... $55.29 30.70 GROUP 16...................................................... $55.41 30.70 GROUP 17...................................................... $55.58 30.70 GROUP 18...................................................... $55.68 30.70 Item 1D - Page 44
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 34
FEBRUARY 2024
GROUP 19...................................................... $55.79 30.70 GROUP 20...................................................... $55.91 30.70 GROUP 21...................................................... $56.08 30.70 GROUP 22...................................................... $56.18 30.70 GROUP 23...................................................... $56.29 30.70 GROUP 24...................................................... $56.41 30.70 GROUP 25...................................................... $ OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
56.58 30.70
GROUP 1............................................ $53.25 30.70 GROUP 2............................................ $54.03 30.70 GROUP 3............................................ $54.32 30.70 GROUP 4............................................ $54.46 30.70 GROUP 5............................................ $54.68 30.70 GROUP 6............................................ $54.79 30.70 GROUP 7............................................ $54.91 30.70 GROUP 8............................................ $55.08 30.70 GROUP 9............................................ $55.25 30.70 GROUP 10. ......................................... $56.25 30.70 GROUP 11. ......................................... $57.25 30.70 GROUP 12. ......................................... $58.25 30.70 GROUP 13...................................................... $ OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1...................................................... $
59.25 54.53
30.70 30.70
GROUP 2............................................ $54.82 30.70 GROUP 3............................................ $54.96 30.70 GROUP 4............................................ $55.18 30.70 GROUP 5............................................ $55.29 30.70 GROUP 6............................................ $55.41 30.70 GROUP 7............................................ $55.71 30.70 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
(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 Item 1D - Page 45
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 35
FEBRUARY 2024
(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); 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 Item 1D - Page 46
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 36
FEBRUARY 2024
type-John Deere, 1040 and similar single unit); Selfpropelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillarand similar type, over 50 cu. yds. struck); Rubber-tired selfloading scraper operator (paddle-wheel-auger type selfloading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment Item 1D - Page 47
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 37
FEBRUARY 2024
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, 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
Item 1D - Page 48
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 38
FEBRUARY 2024
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up 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)
Item 1D - Page 49
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 39
FEBRUARY 2024
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the
intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the
intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM
(Riverside County Line) to SW corner of T1S, R10E, SBM.
Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM.
Item 1D - Page 50
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 40
FEBRUARY 2024
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.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM.
Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of
Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino
Meridian. Then continue NW along the state line to the
starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
ENGI0012-004 08/01/2023
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 34.60
(2) Dredge dozer............$ 58.13 34.60
(3) Deckmate................$ 58.02 34.60
(4) Winch operator (stern
winch on dredge)............$ 57.47 34.60
(5) FiremanOiler, Deckhand,
Item 1D - Page 51
--------------------------------------------------------------- AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 41
FEBRUARY 2024
Bargeman,
Leveehand...................$ 56.93 34.60
(6) Barge Mate..............$ 57.54 34.60
IRON0433-006 01/01/2023
Rates Fringes
IRONWORKER
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 46.20 34.30
PREMIUM PAY:
$9.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains
Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S.
Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LABO0300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer.........$ 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
LABO0345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in
or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
Item 1D - Page 52
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 42
FEBRUARY 2024
GROUP 3: Reboundmen
LABO1184-001 07/01/2022
Rates Fringes
Laborers:
(HORIZONTAL
DIRECTIONAL
DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25Electronic Tracking Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
LABO1184-002 07/01/2022
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LABORER (TUNNEL)
GROUP 1. ............................................$45.68 23.30 GROUP 2. ............................................$46.00 23.30 GROUP 3. ............................................$46.46 23.30 GROUP 4. ............................................$47.15 23.30
LABORER
GROUP 1. ............................................$36.39 21.04 GROUP 2. ............................................$36.94 21.04 GROUP 3. ............................................$37.49 21.04 GROUP 4. ............................................$39.04 21.04 GROUP 5. ............................................$39.39 21.04 Item 1D - Page 53
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 43
FEBRUARY 2024
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
largermixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder 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 Item 1D - Page 54
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 44
FEBRUARY 2024
used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work LABO1184-004 07/01/2022
Rates Fringes
Brick Tender.....................$ 37.32 21.45
LABO1414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
PAIN0036-001 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
PAIN0036-008 09/01/2022
Item 1D - Page 55
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 45
FEBRUARY 2024
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 46.28 23.52
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91
PLUM0016-001 09/01/2023
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space.................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 42.49 23.86
All other work except work on
new additions and remodeling
of bars, restaurant, stores
and commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on strip
malls, light commercial,
tenant improvement and remodel
work........................$ 55.18 26.26
PLUM0345-001 09/01/2023
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
ROOF0036-002 08/01/2022
Rates Fringes
ROOFER...........................$ 43.47 19.52
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 $1.75 per hour ""pitch premium"" pay.
SFCA0669-002 04/01/2023
Item 1D - Page 56
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 46
FEBRUARY 2024
Rates Fringes
SPRINKLER FITTER.................$ 45.31 27.33
SHEE0105-003 07/01/2023
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........................$ 55.16 30.04
(2) Industrial work
including air
pollution control
systems, noise
abatement, hand
rails, guard rails,
excluding
aritechtural sheet
metal work, excluding
A-C, heating,
ventilating
systems for human comfort...$ 55.16 30.04
TEAM0011-002 07/01/2023
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 38.19 33.69
GROUP 2....................$ 38.34 33.69
GROUP 3....................$ 38.47 33.69
GROUP 4....................$ 38.66 33.69
GROUP 5....................$ 38.69 33.69
GROUP 6....................$ 38.72 33.69
GROUP 7....................$ 38.97 33.69
GROUP 8....................$ 39.22 33.69
GROUP 9....................$ 39.42 33.69
GROUP 10....................$ 39.72 33.69
GROUP 11....................$ 40.22 33.69
GROUP 12....................$ 40.65 33.69
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, 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 Item 1D - Page 57
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 47
FEBRUARY 2024
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.
Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Item 1D - Page 58
AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX
EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 48
FEBRUARY 2024
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey.
Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU
indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
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 Item 1D - Page 59
--------------------------------------------------------------- AIRPORT TAXIWAY REHABILITATION PART VI – AGREEMENT
CITY PROJECT NO. 21-27
FEDERAL AID PROJECT NO. XXXX XXXX XXX EXHIBIT “C” – DAVIS BACON WAGE DETERMINATION – PAGE 49 FEBRUARY 2024
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the DavisBacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
4.) All decisions by the Administrative Review Board are final. ================================================================
END OF GENERAL DECISION
"
Item 1D - Page 60
CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION APPROVING PALM TREE TRIMMING POLICY,
AND SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING
PROCEDURES AND POLICIES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
Adoption of this resolution will approve a policy to allow for the removal of dry fronds from California Fan Palms (Washingtonia filifera) within the City’s right-of-way, except those within the Palm Springs Downtown Park, which will have seed pods removed, and fronds sheared to a minimum of 12’ clearance from ground level.
RECOMMENDATION:
1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A PALM TREE
TRIMMING POLICY, AND SUPERSEDING ALL PREVIOUS PALM TREE
TRIMMING PROCEDURES AND POLICIES AND FINDING THE POLICY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO STATE CEQA GUIDELINES SECTION 15304 (MINOR
ALTERATIONS TO LAND).” (Attachment A)
BACKGROUND:
On July 28, 1982, City Council approved minute order 3116 (Attachment B) establishing a policy for palm tree trimming, allowing palm trees to be trimmed as necessary until such time as the lower edge of the fronds’ “skirts” are twelve feet from the ground. This policy did not address fruit pod removal.
In 2007, as part of the General Plan Amendment process, two goals were established in the community design element as shown below:
Item 1E - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Adopt a Resolution Approving a Palm Tree Trimming Policy CD7.3 Amend the City’s Palm Tree Trimming policy to require skinning of trunks of Washingtonia robusta (Mexican fan palms) in the public right-of-way to create a more maintained appearance.
CD7.4 Phase out the use of Washingtonia robusta (Mexican fan palms) in the public right-of-way. As robusta die or are replaced, use Washingtonia filifera for their replacement and in new landscape designs in the public right-of-way.
On May 6, 2009, the City Council approved Resolution 22475 (Attachment C), adopting a palm tree trimming policy incorporating General Plan goal number CD7.3.
The City annually trims fruit pods and fronds from City-owned palm trees based on Resolution 22475 as follows:
- All California Fan Palms (Washingtonia filifera) and Mexican Fan Palms (Washingtonia robusta) located within the public right-of-way, shall have the fruit pods removed.
- California Fan Palms (Washingtonia filifera) located within the public right-of-way, shall not have fronds removed and shall retain their “skirts”, and their trunks shall not be skinned, but remain in their natural condition. Fronds shall be sheared to provide 12’ minimum clearance and fronds at the skirt bottom shall be sheared to maintain a clean look.
- Mexican Fan Palms (Washingtonia robusta) within the public right-of-way, shall have their dry fronds removed and their trunks shall be skinned.
STAFF ANALYSIS:
The City of Palm Springs is world renowned for its distinctive palm tree lined streets and parkways, and these palm trees create the unique character that make Palm Springs a destination city, having one of the largest compositions of heritage quality California Fan Palms in their natural state. The current policy restricts removal of California Fan Palm dry fronds and skinning of trunks but allows the removal of fruit pods and fronds to be sheared to provide a 12’ clearance from the ground.
At the direction of the City Council, the City has evaluated the risk presented by preserving California Fan Palms in their natural state when faced with storm events, such as high winds, and the possibility of fronds becoming displaced from a California Fan Palm and landing on the area beneath and has determined that the dry fronds should be removed when the subject trees are located in pedestrian-intense locations such as public rightsof-ways. This resolution presents a palm tree trimming policy that preserves a portion of heritage quality California Fan Palms located within the Downtown Park; and establishes a tree trimming policy that promotes public safety for trimming of California Fan Palms and Mexican Fan Palms within the public right-of-way.
- All California Fan Palms (Washingtonia filifera) and Mexican Fan Palms Item 1E - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Adopt a Resolution Approving a Palm Tree Trimming Policy (Washingtonia robusta) located within the public right-of-way, shall have the fruit pods removed.
- California Fan Palms (Washingtonia filifera) located within the Downtown Park shall not have their fronds removed and shall retain their “skirts”, and their trunks shall not be skinned, and remain in their natural condition. Fronds shall be sheared to provide 12’ minimum clearance from the ground.
- All other California Fan Palms (Washingtonia filifera) and all Mexican Fan Palms (Washingtonia robusta) located within the public right-of-way shall have their dry fronds removed and their trunks shall be skinned.
The City has approximately 3,900 California Fan Palms; of which 140 reside in the Downtown Park and will remain in their natural state.
The California Fan Palms within the Downtown Park are not directly over any public seating area. To further advise the public of the potential of fronds displacing from a California Fan Palm, staff will install advisory signs in the Downtown Park.
Staff will utilize the Citywide tree trimming contract to initiate trimming of California Fan Palms in phases of 500 palm trees, anticipating accomplishing two phases per contract year, over the next 4 years. This approach will start with the most populated areas first, kicking off with Downtown, then the Airport, before transitioning into Parks, Medians and Parkways, and Assessment Districts.
The City will strive to cease trimming during its most populated nesting season starting April 15th and continuing through June 30th annually. Although varying time frames are referenced as nesting season due to the City of Palm Springs unique weather conditions, nesting season can be year-round but is observed at its highest from mid-April through June. City staff and our contracted tree trimming vendor annually avoid tree trimming during these times, but if required due to public safety, staff shall employ additional precautionary measures such as deploying an urban biologist to inspect the palm tree prior to any trimming activities taking place to ensure no active nesting exists. Currently, the City’s vendor follows the protocol outlined below to ensure nesting, regardless of the time of year, is not disturbed.
- Wildlife Protection Training
o Identify types of nests
o How to do a pre-work survey
o Learn when to get help with a pre-work survey
o Become aware of “problem” type trees that make it difficult to see wildlife o Learn differences between active and inactive nests
o What to do and who to call if you find a bird nest with eggs or young o Learn what to do if you find an injured or orphaned wildlife - Employ wildlife trained staff
- Pre-work survey (inspection)
o Inspect the tree from ground
Item 1E - Page 3
City Council Staff Report
July 9, 2024 -- Page 4
Adopt a Resolution Approving a Palm Tree Trimming Policy o Inspect from aloft before trimming activities
Visually scan tree
Look for dark shapes that don’t fit the leaf or branch pattern Look for holes or cavities, especially in dead limbs
Check for bird feces, pellets, feathers, or bones on the ground Check for squirrel signs – empty nut shells, feeding debris on ground Listen for repeated alarm calls, birds and mammals often try to defend their young
o Continue to inspect as foliage is being removed
City staff and its tree trimming vendor will ensure all palm tree trimming activities are in line with Palm Springs Municipal Code Section 11.36.010 Wildlife Protected1.
ENVIRONMENTAL ASSESSMENT:
The Policy is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15304, Minor Alterations to Land (“Class 4”).
The Class 4 exemption allows minor public alterations in the condition of land, which do not involve removal of healthy, mature, scenic trees. Here, the Policy permits minor alterations to specific palm trees, limited to fruit pod removal, trunk skinning, and/or shearing, in certain public areas for the safety of the City’s residents. The Policy does not permit tree removal of any sort.
The City has also considered whether the proposed Policy is subject to any exception to the Class 4 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons:
• The Policy does not affect palm trees located in a sensitive environment.
These palm trees are located in highly urbanized areas of the City within the public right-of-way or Downtown Park, which are not designated as sensitive environments.
• The Policy would not result in any significant cumulative impacts on the environment since successive policies of the same type are unlikely to be proposed or implemented.
• The Policy does not involve any unusual circumstances and has no potential to result in a significant impact on the environment. The Policy simply permits certain tree trimming procedures in the public right-of-way and Downtown Park.
• The areas affected by the Policy are not located within a state scenic highway.
1 11.36.010 Wildlife protected. No person shall kill, capture or molest any species of wildlife or damage the nest or eggs of any wildlife within the city, except any poisonous reptile or insect; provided, however, that if it shall be determined by the city manager, or his authorized representative, that wildlife has become a menace to any person's health, safety or property, the city manager shall issue a permit authorizing such person to kill or capture such wildlife.
In no event shall any person use or employ poison or diseased material to kill or capture wildlife.
Item 1E - Page 4
City Council Staff Report
July 9, 2024 -- Page 5
Adopt a Resolution Approving a Palm Tree Trimming Policy • These areas affected by the Policy do not contain a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. • The Policy does not involve tree trimming on sites that contain a historical resource.
Should the Policy be approved, Staff is directed to file a Notice of Exemption (Attachment D) within five (5) working days of approval.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council Priority 1, Quality of Life.
FISCAL IMPACT:
Sufficient funds are budgeted and available in Fiscal Year 2024-25 accounts 1006540- 40105, and 1006540-50121.
REVIEWED BY:
Assistant Director of Maintenance & Facilities: Daniel Martinez Public Works Director: David McAbee
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Minute Order 3116
C. Resolution No. 22475
D. Notice of Exemption
Item 1E - Page 5
ATTACHMENT A
Item 1E - Page 6
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING A PALM TREE TRIMMING POLICY,
AND SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING
PROCEDURES AND POLICIES AND FINDING THE POLICY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT
TO STATE CEQA GUIDELINES SECTION 15304 (MINOR ALTERATIONS
TO LAND)
WHEREAS, the City of Palm Springs is world renowned for its distinctive palm tree lined streets, and parkways, and these palm trees create the unique character that makes Palm Springs a destination city; and
WHEREAS, the City of Palm Springs is home to one of the largest compositions of heritage quality California Fan Palms in their natural state; and WHEREAS, the City of Palm Springs desires to maintain that signature element, and therefore had established a policy for the uniform trimming of California Fan Palms located within the public right-of-way; and
WHEREAS, the City of Palm Springs current policy restricts removal of California Fan Palms dry fronds and skinning of trunks, but allows the removal of fruit pods and fronds to be sheared to provide 12’ minimum clearance and fronds at the skirt bottom to be sheared to maintain a clean look; and
WHEREAS, the City of Palm Springs has evaluated the risk presented by preserving California Fan Palms in their natural state when faced with storm events, such as high winds, and the possibility of fronds becoming displaced from a California Fan Palm and landing on the area beneath, and has determined that the dry fronds should be removed when the subject trees are located in pedestrian-intense locations such as public rights-of-ways; and
WHEREAS, the City Council desires to preserve a portion of heritage quality California Fan Palms located within the Downtown Park; and WHEREAS, the City Council desires to establish a tree trimming policy that promotes public safety for trimming of California Fan Palms (Washingtonia filifera) and Mexican Fan Palms (Washingtonia robusta) within the public right-of-way.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
Item 1E - Page 7
Resolution No. _____