Agenda packet — Palm Springs City Council, October 10, 2024 (part 3 of 5)

Recording Requested By:

When Recorded Mail To:

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VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized Agent”, “Partner”, etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date), at _____________________________________________________ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agent
Joel Montalvo/City Engineer
City of Palm Springs

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _________________________________________, ________ (date), before me, ____________________________________________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Attachment B
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CITY OF PALM SPRINGS

BALANCING CONTRACT CHANGE ORDER
CP 21‐28 Airport Common Use Podiums – Bono Concourse
Contractor: CALTEC Corporation Date: September 18, 2024

CONTRACT CHANGE ORDER SUMMARY
The City of Palm Springs Airport requested CALTEC to provide additional services to complete the project.

CALTEC requested compensation for staging to complete the project. The items were not completed so CALTEC provided a credit back to the Project. Meeting notes and backup documents are available at the engineering department.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 Additional work requested and miscellaneous work needed to finish the project 1 LS $33,414.55
02 Credit for work not performed, changed or deleted from original contract
1 LS ($3,162.40)
Total Lump Sum Change Order Amount: $30,252.15
CHANGES TO CONTRACT TIME:

The Contractor is requesting any additional 136 working days.

Source of Funds:

Sufficient funds are available in Department of Aviation Fund 416 Account No. 4167065‐80000.

Summary of Costs:

Original Contract Amount: $1,805,000.00 Construction Start Date: 08/07/2023 Previous Change Orders: $236,670.22 Previous Agreed Completion 12/15/2023 This Change Order Amount: $30,252.15 Working Days Added: 136 Revised Contract Amount: $2,071,922.37 Revised Completion: 06/27/2024 ‐‐Signature on the following page‐‐
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I have received a copy of this Change Order, and the above AGREED PRICES are acceptable to Contractor.

CALTEC
Hamid Abghari, President Date
City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer Date
Approved By:

Scott Stiles, City Manager Date

Attest By:

Brenda Pree, City Clerk Date

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CITY COUNCIL STAFF REPORT
DATE: OCTOBER 10, 2024 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO RIVERSIDE
CONSTRUCTION, INC., IN THE AMOUNT OF $10,510,913; APPROVAL

OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND
ASSOCIATES, INC., FOR CONSTRUCTION MANAGEMENT SERVICES,

INSPECTION AND MATERIALS TESTING SERVICES IN THE AMOUNT OF $2,133,897.20; AND APPROVAL OF A TASK ORDER UNDER ONCALL AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA

THE SOLIS GROUP, TO PROVIDE COMMUNITY WORKFORCE
AGREEMENT ADMINISTRATION IN THE AMOUNT OF $67,826 FOR

THE SOUTH PALM CANYON BRIDGE REPLACEMENT AT TAHQUITZ
CREEK CHANNEL, CITY PROJECT NO. 12-02, FEDERAL AID PROJECT NO. BRLS-5282(042)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Award of this construction contract, professional services agreement, and task order will allow the City to proceed with construction of the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, Federal Aid Project No.

BRLS-5282(042), (the “Project”).

RECOMMENDATION:

1. Award a construction contract to Riverside Construction, Inc., a California corporation, in the amount of $10,510,913;

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,600,000 with all change orders reported to the City Council;

3. Approve a Professional Services Agreement with Harris and Associates, Inc., a California corporation, contingent on Caltrans approval of the contract rates in the amount of $2,133,897.20 as may be modified based on the final approved rates, for construction management, inspection and materials testing services; Item 1K - Page 1
City Council Staff Report
October 10, 2024 -- Page 2
Award CP 12-02 Construction

4. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount of $67,826.00;

5. Appropriate $650,000.00 from the Measure A fund balance; and

6. Authorize the City Manager or his designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form for Riverside Construction, Inc. (“Riverside Construction”), Harris and Associates, Inc. (“Harris”), and TSG Enterprises, Inc., dba The Solis Group (“TSG”), are included as Attachments A, B, and C, respectively.

BACKGROUND:

The existing South Palm Canyon Drive Bridge (State Bridge No. 56C0408) spanning the Tahquitz Creek Channel was originally constructed in 1930. The structure was further widened in 1956. The bridge is a reinforced concrete earth-filled spandrel arch structure.

In 2009, the City received a Bridge Inspection Report that showed a low Sufficiency Rating (SR) of 37.1 with a status flag of "Structurally Deficient.” However, this Structurally Deficient classification does not imply that the bridge itself is not safe; the State has confirmed the bridge is structurally sound and can support vehicle loads. The Structurally Deficient classification indicates that structural redundancies are either inadequate or deficient. Under this classification, the rehabilitation or replacement of the bridge is eligible for federal funding. Figure 1 below shows the location of the Project.

Figure 1 – Site location map
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City Council Staff Report
October 10, 2024 -- Page 3
Award CP 12-02 Construction
On September 3, 2014, the City Council approved a Professional Services Agreement (A6594) with CNS Engineering Inc., to begin the Project Approval and Environmental Documentation (PA/ED) phase of the Project, which would provide the necessary construction documents needed for bidding the Project. The construction documents were completed in July 2024.

STAFF ANALYSIS:

Following City Council approval of the plans, specifications, and estimate and minor updates to the plans, this Project was advertised for bidding in The Desert Sun, industry plan rooms and Planetbids, an online electronic bid system, on July 3, 2024. The estimated cost was $8,500,000. On August 19, 2024, four bids were received.

Company Location Bid Amount
Riverside Construction Company, Inc. Riverside, CA $10,510,913.00 Granite Construction Co. Indio, CA $13,906,000.00
Steve P. Rados, Inc. Santa Ana, CA $14,836,320.00
Griffith Company Santa Fe Springs, CA $15,301,904.20
Community Workforce Agreement (CWA)
This Project is subject to the City’s Community Workforce Agreement (CWA) 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 Riverside Construction, Inc., complied with the instructions to bidders and has submitted the lowest responsive and responsible bid at $10,510,913. It is recommended that the Project be awarded to Riverside Construction. The proposed agreement is included as Attachment D.

Request for Proposals for Construction Management Services On July 3, 2024, the City issued Request for Proposals (RFP) 12-02-CM to invite consultants to provide proposals for “turnkey” construction management, inspection, and material testing services for the Project. As a federally funded Project, this scope of work required a separate solicitation in accordance with federal guidelines, including the use of Disadvantaged Business Enterprises (DBE) firms.

Item 1K - Page 3
City Council Staff Report
October 10, 2024 -- Page 4
Award CP 12-02 Construction
On August 7, 2024, the City received five proposals from Anser Advisory Management, LLC, Berg & Associates, Inc., Falcon Engineering Services, Harris & Associates, Inc., and Southstar Engineering & Consulting, Inc.

An evaluation committee reviewed the proposals following the federal process for consultant selection entirely based on qualifications and experience per criteria specified in the RFP. Fee is not and cannot be a factor for professional services. Based on this review, Staff recommended Harris and Associates, Inc., as the most qualified consultant for these services.

Since the contract is over $1M, the City must submit the proposed Contract Rates to the Independent Office of Audits and Investigations (IOAI) through Caltrans prior to executing the Agreement. This review will confirm the contract rates are compliant with Federal Acquisition Regulations and may require modifications to the final contract rates. The City Manager will not execute the contract until Caltrans has approved the rates.

Request for Proposal for Community Workforce Agreement Administration Staff issued a Request for Proposals (RFP) from our on-call Community Workforce Administration Services firm, TSG Enterprises, Inc., dba The Solis Group. Staff recommends the City Council approve a Task Order under On-Call Agreement 23PO41 with TSG, not to exceed $67,826.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On April 5, 2017, the City Council adopted Resolution No. 24201, approving and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently, on April 7, 2017, Staff filed a Notice of Determination with the Riverside County Clerk and State Clearinghouse.

The Project is funded, in part, by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On May 3, 2017, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), and that the Project qualifies for a Categorical Exclusion (CE) in accordance with 23 USC 326.

Item 1K - Page 4
City Council Staff Report
October 10, 2024 -- Page 5
Award CP 12-02 Construction
ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 2B, 5- Year Capital Improvement Plan, and identifying high priority facilities.

FISCAL IMPACT:

The Project is funded through a combination of Federal funds, Regional Measure A funds, and Local Measure A funds. The Project cost estimates have grown over time. The estimated construction and administrative costs to complete the Project are indicated in Table 1. Staff anticipated the escalating construction costs and budgeted accordingly as shown in Table 2.

Estimated Construction and Administrative Costs Amount
Construction $10,510,913.00
Construction Management & Inspection $2,133,897.20
Construction Contingency $1,600,000.00
Community Workforce Agreement Administration $67,826.00 Cultural Monitoring Services (Estimated) $150,000.00
Administrative/City Staff Project Management $80,000.00 Sub Total $14,542,636.20
Desert Water Agency Utility Relocation Reimbursement ($876,710) Southern California Gas Reimbursement ($30,000)
Total $13,635,926.20
Table 1
Project Budget Amount
Capital Fund (261) $12,604,806.00
Measure A – Regional (134) $1,169,505.00
Measure A – Local (134) $352,585
Budget Amount $14,126,896
Table 2
The federal Highway Bridge Program (HBP) covers 88.53% of all eligible project costs.

Measure A funds pay for the remaining 11.47%, with seventy-five (75) percent of it coming from Regional Measure “A” funds (CVAG) and twenty-five (25) percent coming from Local Measure “A” funds. The City’s share of the $12,644,810 for Bridge Construction and Construction Management costs is estimated to be $362,589 if Caltrans and CVAG approve additional funding as noted below.

Caltrans, through the HBP, has committed $7,203,686 for participating construction costs of the Project. The participating costs are based on old estimates available at the time of funding request. Staff will be requesting additional funds through HBP to cover the current Item 1K - Page 5
City Council Staff Report
October 10, 2024 -- Page 6
Award CP 12-02 Construction
gap of approximately $5 million. Historically, Caltrans does not approve additional funding requests until the City awards the construction contract. If for any reason Caltrans does not approve the additional $5 million, the funds are available and have been budgeted from the Capital Fund. Additionally, Staff will work with CVAG to amend the current reimbursement agreement to cover their share of the project costs.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure – Riverside Construction, Inc.

B. Public Integrity Disclosure – Harris and Associates, Inc C. Public Integrity Disclosure – TSG Enterprises, Inc., dba The Solis Group D. Construction Agreement – Riverside Construction, Inc.

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Attachment A
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Attachment B
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Harris & Associates, Inc. 9. Forms  40
1 ATTACHMENT “E”

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

 Other _________________________________
____________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other _________________________________
Harris & Associates
1401 Willow Pass Road, Suite 500, Concord, CA 94520
101 Progress, Suite 250, Irvine, CA 92618
California
X
Michelle White
Preston Hatch X
X
Ehab Gerges X
Item 1K - Page 11
Harris & Associates, Inc. 9. Forms  41
2 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed
Name, Title
Date
Harris & Associates is a 100% ESOP.

Ehab Gerges, PE - Executive Vice President, August 1, 2024 Chief Business Development Officer, PMCM &
Engineering Division President
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Attachment C
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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 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 other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
TSG Enterprises, Inc. dba The Solis Group
3452 E Foothill Blvd, Ste 200, Pasadena, CA 91107
See above
California
X
Elvira Elizabeth Diez Solis X
Andrew Solis-Castillo X
Item 1K - Page 14

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
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Attachment D
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AGREEMENT ____
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 2024, 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 Riverside Construction, Inc., 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:

SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL The Work comprises of reconstruction of the bridge over Tahquitz Creek Channel, reconstruction of channel slopes, street reconstruction of South Palm Canyon Drive from E.

Sunny Dunes Road to approximately 900 feet south of E. Sunny Dunes Road consisting of curb and gutter, sidewalk, storm drain, and landscaped medians and parkways, singing and striping, Traffic Signal improvements, installation of temporary traffic signals for a construction detour, and installation of a 16” Domestic Waterline.

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.

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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.

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 ten million five hundred ten thousand nine hundred thirteen dollars ($10,510,913.00).

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, NonDiscrimination 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 4, 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 Federal-Aid 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.

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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 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.

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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.

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 non-discrimination 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.

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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.

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.

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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.

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
Item 1K - Page 22
7 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND RIVERSIDE CONSTRUCTION, INC.

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 1K - Page 23
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 1K - Page 24
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 1K - Page 25
EXHIBIT “C”
FORM FHWA 1273

FEMALE AND MINORITY GOALS

TITLE VI ASSURANCES
AND

DAVIS BACON WAGE DETERMINATIONS

FOLLOWS THIS PAGE
Item 1K - Page 26
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 designbuilder 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 Item 1K - Page 27
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such 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 onthe-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 Item 1K - Page 28
performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The
contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409.

Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient 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
Item 1K - Page 29
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics. As provided in paragraphs (d) and (e) of 29 CFR

5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the 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 DavisBacon 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 Item 1K - Page 30
employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under
paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination.

The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met.

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

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued
payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to DavisBacon 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 DavisBacon 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 Item 1K - Page 31
contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the
Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(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 Item 1K - Page 32
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. (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
Item 1K - Page 33
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.

2. Violation; liability for unpaid wages; liquidated damages.

In the event of any violation of the clause set forth in paragraph

1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety
Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier 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 Item 1K - Page 34
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 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 Item 1K - Page 35
report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the 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:

Item 1K - Page 36
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed
circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
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:

Item 1K - Page 37
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great 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-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills 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
Item 1K - Page 38
subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service.

The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State 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.

Item 1K - Page 39

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
Item 1K - Page 40
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.

Item 1K - Page 41

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 Item 1K - Page 42
the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the 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 Item 1K - Page 43
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Item 1K - Page 44

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:

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

Item 1K - Page 45

DAVIS BACON WAGE DETERMINATION
"General Decision Number: CA20240025 05/24/2024
Superseded General Decision Number: CA20230025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside County in California.

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

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

Modification Number     Publication Date
0              01/05/2024
1              01/12/2024
2              01/19/2024
3              02/23/2024
4              03/08/2024
5              05/24/2024
Item 1K - Page 46
ASBE0005‐002 09/01/2023
Rates          Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58            25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97            20.36 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ASBE0005‐004 07/04/2022
Rates          Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52            13.37 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BOIL0092‐003 01/01/2024
Rates          Fringes
BOILERMAKER......................$ 51.98            42.11 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * BRCA0004‐011 05/01/2024
Rates          Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53            20.29 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty‐Nine Palms, Needles and 1‐15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * BRCA0018‐004 06/01/2023
Rates          Fringes
MARBLE FINISHER..................$ 40.21            15.23 TILE FINISHER....................$ 34.78            13.64 TILE LAYER.......................$ 48.29            19.18 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * BRCA0018‐010 09/01/2023
Rates          Fringes
TERRAZZO FINISHER................$ 39.95            14.65 TERRAZZO WORKER/SETTER...........$ 47.85            15.14 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0213‐001 07/01/2021
Rates          Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
Item 1K - Page 47
installer...................$ 51.60            16.28
(2) Millwright..............$ 52.10            16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73            16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85            16.28
(5)  Sawfiler...............$ 51.69            16.28
(6)  Scaffold Builder.......$ 42.80            16.28
(7)  Table Power Saw
Operator....................$ 51.70            16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H‐Beams driven or placed in pre‐ drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0213‐002 07/01/2021
Rates          Fringes
Diver
(1) Wet.....................$ 834.40           16.28
(2) Standby.................$ 445.84           16.28
(3) Tender..................$ 437.84           16.28
(4) Assistant Tender........$ 413.84           16.28
Amounts in ""Rates' column are per day
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0213‐004 07/01/2021
Rates          Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60            16.28
STOCKER/SCRAPPER............$ 22.16             8.62
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0721‐001 07/01/2021
Rates          Fringes
Modular Furniture Installer......$ 21.85             7.15 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0440‐001 01/01/2024
Rates          Fringes

ELECTRICIAN
INSIDE ELECTRICIAN..........$ 53.76 3%+27.50

INTELLIGENT TRANSPORTATION

SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.

Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC1245‐001 06/01/2022
Item 1K - Page 48
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 01/01/2024
Rates          Fringes
ELEVATOR MECHANIC................$ 66.63       37.885+a+b FOOTNOTE:
a. PAID VACATION:  Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0012‐004 08/01/2023
Rates          Fringes
OPERATOR:  Power Equipment
(DREDGING)
(1) Leverman................$ 64.10            34.60
(2) Dredge dozer............$ 58.13            34.60
(3) Deckmate................$ 58.02            34.60
(4) Winch operator (stern
winch on dredge)............$ 57.47            34.60
(5) Fireman‐Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93            34.60
(6) Barge Mate..............$ 57.54            34.60
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0012‐024 07/01/2023
Rates          Fringes
OPERATOR:  Power Equipment
(All Other Work)
GROUP  1....................$ 53.90            32.80
GROUP  2....................$ 54.68            32.80
GROUP  3....................$ 54.97            32.80
GROUP  4....................$ 56.46            32.80
GROUP  6....................$ 56.68            32.80
GROUP  8....................$ 56.79            32.80
GROUP 10....................$ 56.91            32.80
GROUP 12....................$ 57.08            32.80
GROUP 13....................$ 57.18            32.80
GROUP 14....................$ 57.21            32.80
GROUP 15....................$ 57.29            32.80
GROUP 16....................$ 57.41            32.80
GROUP 17....................$ 57.58            32.80
GROUP 18....................$ 57.68            32.80
GROUP 19....................$ 57.79            32.80
GROUP 20....................$ 57.91            32.80
Item 1K - Page 49
GROUP 21....................$ 58.08            32.80
GROUP 22....................$ 58.18            32.80
GROUP 23....................$ 58.29            32.80
GROUP 24....................$ 58.41            32.80
GROUP 25....................$ 58.58            32.80
OPERATOR:  Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP  1....................$ 55.25            32.80
GROUP  2....................$ 56.03            32.80
GROUP  3....................$ 56.32            32.80
GROUP  4....................$ 56.46            32.80
GROUP  5....................$ 56.68            32.80
GROUP  6....................$ 56.79            32.80
GROUP  7....................$ 56.91            32.80
GROUP  8....................$ 57.08            32.80
GROUP  9....................$ 57.25            32.80
GROUP 10....................$ 58.25            32.80
GROUP 11....................$ 59.25            32.80
GROUP 12....................$ 60.25            32.80
GROUP 13....................$ 61.25            32.80
OPERATOR:  Power Equipment
(Tunnel Work)
GROUP  1....................$ 55.75            32.80
GROUP  2....................$ 56.53            32.80
GROUP  3....................$ 56.82            32.80
GROUP  4....................$ 56.96            32.80
GROUP  5....................$ 57.18            32.80
GROUP  6....................$ 57.29            32.80
GROUP  7....................$ 57.41            32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional.  Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator‐inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt‐rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator‐skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt‐rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini‐max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Item 1K - Page 50
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types ‐ Hughes 100 or 200 or similar types ‐
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra‐hammer‐aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power‐driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck

GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types ‐ Watson 1000 auger or similar types ‐ Texoma 330, 500 or 600 auger or similar types ‐ drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary‐Johnson‐Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber‐tired earth moving equipment (single engine, up to and including 25 yds. struck); Self‐propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1‐1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator‐bulldozer, tamper‐scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D‐5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt‐rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast‐in‐place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self‐propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types ‐ Watson 1500, 2000 2500 auger or similar types ‐ Texoma 700, 800 auger or similar types ‐ drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy‐duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley‐Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber‐tired earth‐moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber‐tired earth‐moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber‐tired Item 1K - Page 51
scraper operator (self‐loading paddle wheel type‐John
Deere, 1040 and similar single unit); Self‐ propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1‐1/2 yds. up to and including 6‐1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D‐5 ‐ 100 flywheel h.p. and over, or
similar‐bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types‐Watson 3000 or 5000 auger or similar types‐Texoma 900 auger or similar
types‐drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol‐blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type‐except Quad 9 cat.); Rubber‐tired earth‐moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber‐tired earth‐moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6‐1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types ‐ Watson, auger 6000 or
similar types ‐ Hughes Super Duty, auger 200 or similar types ‐ drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi‐engine); Pipe mobile machine operator; Rubber‐tired earth‐ moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber‐tired self‐ loading scraper operator (paddle‐wheel‐auger type self‐loading ‐ two (2) or more units)
GROUP 13: Rubber‐tired earth‐moving equipment operator
operating equipment with push‐pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote‐ control earth‐moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (multiple
engine‐up to and including 25 yds. struck)
GROUP 16: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (single engine, over 50 yds. struck); Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber‐tired earth‐moving equipment operator, Item 1K - Page 52
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); Spyder Excavator Operator, with all attachments

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A‐frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge‐type unloader and turntable operator;
Item 1K - Page 53
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin‐Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K‐crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power‐driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power‐driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
Item 1K - Page 54
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. 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 Item 1K - Page 55
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
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0433‐006 01/01/2024
Rates Fringes

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

China Lake Naval Test Station, Chocolate Mountains Naval Reserve‐Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center‐Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms ‐ Marine Corps, U.S. Marine Base ‐ Barstow, U.S. Naval Air Facility ‐ Sealey, Vandenberg AFB Army Defense Language Institute ‐ Monterey, Fallon Air Base, Naval Post Graduate School ‐ Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station ‐ Two Rock Item 1K - Page 56
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0300‐005 08/01/2022
Rates          Fringes
Asbestos Removal Laborer.........$ 39.23            23.28 SCOPE OF WORK:  Includes site mobilization, initial site cleanup, site preparation, removal of asbestos‐containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos‐ containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0345‐001 07/01/2022
Rates          Fringes

LABORER (GUNITE)
GROUP 1.....................$ 48.50            21.37
GROUP 2.....................$ 47.55            21.37
GROUP 3.....................$ 44.01            21.37
FOOTNOTE: GUNITE PREMIUM PAY:   Workers working from a
Bosn'n's Chair or suspended from a  rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates.   Workers doing gunite and/or
shotcrete work in a tunnel shall  receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal‐to‐portal basis.   Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such  structure is in excess of 75'‐0"" above base level and which work must be performed in whole or in part more than 75'‐0"" above base level, that work performed above the 75'‐0"" level  shall be compensated for at 35 cents per hour above the  applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1184‐001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69            18.25
(2) Vehicle Operator/Hauler.$ 40.86            18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71            18.25
(4) Electronic Tracking
Locator.....................$ 44.71            18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90            21.32
GROUP 2.....................$ 43.20            21.32
GROUP 3.....................$ 45.21            21.32
GROUP 4.....................$ 46.95            21.32
LABORERS ‐ STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; Item 1K - Page 57
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
Rates          Fringes

LABORER (TUNNEL)
GROUP 1.....................$ 45.68            23.30
GROUP 2.....................$ 46.00            23.30
GROUP 3.....................$ 46.46            23.30
GROUP 4.....................$ 47.15            23.30

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

LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike‐off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt‐rubber material loader; Laborer, general or construction; Laborer, general clean‐up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling ‐ all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
Item 1K - Page 58
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 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 Item 1K - Page 59
person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1184‐004 07/01/2022
Rates          Fringes
Brick Tender.....................$ 37.32            21.45 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1414‐001 08/03/2022
Rates          Fringes

LABORER
PLASTER CLEAN‐UP LABORER....$ 38.92            23.32
PLASTER TENDER..............$ 41.47            23.32
Work on a swing stage scaffold: $1.00 per hour additional. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐001 07/01/2023
Rates          Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59            17.12
(2) All Other Work..........$ 38.52            18.64
REPAINT of any previously painted structure.  Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐008 09/01/2022
Rates          Fringes
DRYWALL FINISHER/TAPER...........$ 46.28            23.52 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐015 01/01/2020
Rates          Fringes
GLAZIER..........................$ 43.45            23.39 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
Item 1K - Page 60
Rates          Fringes

PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 53.51            25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 42.49            23.86
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 57.18            26.51
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0345‐001 09/01/2023
Rates          Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 40.20            25.90
Sewer & Storm Drain Work....$ 44.29            23.28
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ROOF0036‐002 08/13/2023
Rates          Fringes
ROOFER...........................$ 46.02            20.05 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SFCA0669‐002 01/01/2024
Rates          Fringes
SPRINKLER FITTER.................$ 45.31            27.91 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SHEE0105‐003 01/01/2024
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates          Fringes

SHEET METAL WORKER
(1) Commercial ‐ New
Construction and Remodel
work........................$ 56.95            30.04
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A‐C,
heating, ventilating
systems for human comfort...$ 56.95            30.04
Item 1K - Page 61
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 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 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
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Item 1K - Page 62
WELDERS ‐ Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

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

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

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

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

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

Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which Item 1K - Page 63
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.

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

WAGE DETERMINATION APPEALS PROCESS

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

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
Item 1K - Page 64
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 1K - Page 65

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 10, 2024 CONSENT CALENDAR
SUBJECT: AUTHORIZE AN INCREASE OF $182,960.40 TO PURCHASE ORDER 18000472 ISSUED TO VEOLIA WATER OPERATING SERVICES, INC.

RELATED TO ADDITIONAL PROFESSIONAL SERVICES REQUIRED TO

COMPLY WITH THE CALIFORNIA REGIONAL WATER QUALITY
CONTROL BOARD ORDER R7-2024-XXXX (TENTATIVE ORDER)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

On November 1, 2017, the City Council authorized the issuance of a Purchase Order in the amount of $145,636 to Veolia Water West Operating Services, Inc. (“Veolia”) for preparation of various technical studies required by the California Regional Water Quality Control Board pursuant to its Order R7-2017-0013, (the “Order”). On December 22, 2023, the Board sent a Notice of Public Hearing to the City to comment on the Tentative Waste Discharge Requirements (WDRs) Order R7-2024-XXXX (Tentative Order) by January 18, 2024. The Tentative Order introduced a new regulatory approach for the City’s WWTP by replacing effluent limits for chloride, fluoride and sulfate with interim effluent limits for total dissolved solids (TDS). The increase of the Purchase Order will allow Veolia to complete the additional work that is required to satisfy the conditions of the Tentative Order. This action will authorize the additional work at a cost of $182,960.40.

RECOMMENDATION:

1. Authorize an increase to Purchase Order 18000742 in the amount of $182,960.40 with Veolia Water West Operating Services, Inc., pursuant to Agreement No. 6084 to include a groundwater monitoring network technical report, a nitrogen control strategy technical report, nitrogen effluent limit feasibility study and a TDS source control program technical report as required by the California Regional Water Quality Control Board Order R7-2024-XXXX (Tentative Order);

2. Appropriate $182,960.40 from the Wastewater Fund Balance; and

3. Authorize the City Manager or his designee to execute all necessary documents.

Item 1L - Page 1
City Council Staff Report
October 10, 2024 -- Page 2
Increase Services – RWQCB Studies
BUSINESS PRINCIPAL DISCLOSURE:

Veolia Water West Operating Services, Inc. is a Delaware corporation. Their Public Integrity Disclosure Form is included as Attachment A.

BACKGROUND:

Beginning in 1999, the City has utilized private contractors to provide operation and maintenance services associated with its Wastewater Treatment Plant (the “WWTP”), the sanitary sewer collection system, the sanitary storm sewer system, and administration of various related programs (Sewer Services). The City entered a contract with US Filter, subsequently Veolia Water North America Operating Services, Inc. to provide Sewer Services for an initial term through June 30, 2005. Various amendments were made during the life of the Agreement.

On November 4, 2015, the City Council approved the Wastewater Services Agreement with Veolia for operations and maintenance with an initial five-year term commencing on January 1, 2016, continuing through December 31, 2020, with two 5-year optional extended terms available at the City’s sole discretion. One extension was utilized at the end of the initial 5-year term which extends their agreement through January 1, 2026.

On September 21, 2017, the Regional Water Quality Control Board (RWQCB) adopted new regulations for the City’s operation of its WWTP pursuant to Board Order R7-2017- 0013, which updated the provisions to comply with current Waste Discharge Requirements (WDRs) and to require the City to evaluate and analyze potential impacts on groundwater caused by the discharge of its treated effluent. The new WDRs require that the City and its operator take steps to identify problematic waste streams, verify the suitability of the groundwater monitoring network, and complete an analysis of nitrogen and total dissolved solids (TDS) in the effluent on the receiving waters.

In addition to the requirement to perform studies on the adequacy of the groundwater monitoring wells, TDS sources, and nitrogen, the City is required to develop and implement a Municipal Industrial Pretreatment Program (MIPP) that will add a new regulatory scheme whereby the City, through Veolia, will identify commercial and industrial businesses that have the potential to discharge effluent to the City’s sewer system that require pre-treatment prior to discharge, to eliminate any pollutants from entering the sewer system and the City’s WWTP. The pollutants of concern are related to TDS (i.e. high levels of salts, chloride, etc.), nitrogen, certain metals, and other pollutants, and generally are caused by certain businesses that use chemicals or perform mechanical repairs (i.e. autobody repair shops) or generate waste streams with high concentration of salts.

On November 1, 2017, the City Council approved the first amendment to Veolia’s Wastewater Service Agreement for Operations and Maintenance, which approved a Item 1L - Page 2
City Council Staff Report
October 10, 2024 -- Page 3
Increase Services – RWQCB Studies
proposal from Larry Walker and Associates (LWA) to conduct special technical studies requiring the following:

1. Groundwater Monitoring Network Technical Report and Work Plan

2. Nitrogen Control Strategy Technical Report

3. Total Dissolved Solids Source Control Technical Report.

As reported in that staff report to the City Council, the findings of these reports will inform changes that may need to be made at the WWTP.

STAFF ANALYSIS:

On December 22, 2023, the Board issued a Notice of Public Hearing to the City to comment on its Tentative Waste Discharge Requirements Order R7-2024-XXXX (Tentative Order) for the Palm Springs Wastewater Treatment Plant. Per the request of the City, LWA was retained by Veolia to submit comments to the RWQCB Notice of Public Hearing. On February 1, 2024, the RWQCB issued a Tentative Order Waste Discharge Requirements Order R7-2024-XXXX (Tentative Order).

The Tentative Order required the City to perform several tasks such as performing a TDS Effluent Limit Feasibility Study, Total Nitrogen Effluent Limit Compliance Time Schedule, and Bacteria Monitoring Study. These costs as documented in the proposal included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. More specifically, Class 1(b) includes the operation, repair and maintenance of existing facilities of public-owned utilities used to provide sewerage or other public utility services. Approval of the Wastewater Services Agreement for operation and maintenance with Veolia Water West Operating Services, Inc., authorizes Veolia to perform such services required to operate and maintain the City’s WWTP and sanitary sewer collection system and related facilities, and is therefore considered Categorically Exempt from CEQA.

Item 1L - Page 3
City Council Staff Report
October 10, 2024 -- Page 4
Increase Services – RWQCB Studies
ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A, Improve City Facilities – Prioritize Deferred Maintenance.

FISCAL IMPACT:

All costs associated with the purchase order increase are entirely funded by the Wastewater Fund (Fund 420). Sufficient funds are available in the Wastewater Fund balance.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Form – Veolia
B. Proposal from Veolia
Item 1L - Page 4
Attachment A
Item 1L - Page 5
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 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 other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Veolia Water West Operating Services, Inc.
53 State Street, 14th Floor, Boston, MA 02109
Delaware
x
x
William DiCroce x x
Jason Salgo x x
Robert Arendell x x
Item 1L - Page 6
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13.18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor]   [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor]   [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor]   [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Veolia Water North America-West, LLC 100% *
Item 1L - Page 7
Continuation Page
Item 6, continued
John Gibson, officer
James Pawloski, officer
Daniel Mahoney, officer
Keith Oldewurtel, officer
Francis Ferrara, officer
Each of the persons listed in Item 6 (except James Pawloski) also serve as the officers of Applicant’s parent company Veolia Water North America-West, LLC, and William DiCroce, Jason Salgo, and Robert Arendell also serve as managers of Veolia Water North America-West, LLC. *
Item 1L - Page 8
Item 1L - Page 9

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
1tt~lww-b ~VI (.£/4. :live

2. Address of E~ (Principle Place of Business)
J 3S?J ~ JI- h11/,'ar I!/ WJ £k It£ w J,.M ~ cA ~061£

3. Local or California Address (if different than #2) · /}-~/.> /J,,,/4~/2,,~ a. I Wh,-1-&v I {A 9/J!oo I

4. State where Entitf is Registered with Secretary of State t11) /tJVyl~
If other than California, is the Entity also registered in California? • Yes D No

5. Type of Entity
~ Corporation • Limited Liability Company • Partnership • Trust • Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
2021 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO. 21-18
JUNE 2021

Page 1 of 2 ends

Item 1L - 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.

VI.Jift~M ~,l'fb }t91)\_J_
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
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

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

Page 2 of 2 ends

2021 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO. 21-18
JUNE 2021
----------- -- -
Item 1L - Page 11

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?
You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals) What Must I Disclose?

1. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Notes:
(1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity.

Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate fonn.

2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
2021 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO. 21-18
JUNE 2021
Attachment B
Item 1L - Page 12
September 10, 2024
Andrew Crider, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Regarding: Task Order Request for LWA Special Studies & WDR Permit Review Dear Mr. Crider,
The purpose of this letter is to request a task order and PO for reimbursement for LWA Special Studies & Permit review pursuant to section 7.5 Direct Cost Items of our Wastewater Services Agreement dated November 4, 2015 with the City of Palm Springs. The enclosed proposals were received by the City and Veolia. The City requested Veolia to execute the proposals from LWA.

Proposal Vendor Cost
Palm Springs Tentative
WDR Review and
Comment Letter
Larry Walker
Associates $12,030
Palm Springs WDR
Special Studies
Larry Walker
Associates $147,066
Veolia Markup Total
15%
$159,096.00 $23,864.40 $182,960.40
Contract Language:

Section 7.5 Direct Cost Items.

If Veolia is to be reimbursed under this Agreement for an item on a direct cost basis, such as Biosolids Services pursuant to Section 5.2(d), Street Sweeping services pursuant to Section 5.2(t), Rolling Stock Maintenance Services pursuant to Section

5.6(c) and Section 5.6(d), or any other third-party or sub-contracted services, an administrative overhead fee of fifteen percent (15%) shall apply and be paid by City in addition to such services. City shall have the right to request that Veolia seek competitive bids for such items or work; provided, however, that (i) Veolia shall not be obligated to follow the City's bidding process or any other process applicable to public agencies under Applicable Law; (ii) this paragraph shall only apply to work or items that are subcontracted by Veolia and shall not apply to Compensation payable to Veolia Item 1L - Page 13
G)veouA
Veolia North America
Palm Springs Project
4375 Mesquite Avenue, Palm Springs, CA 92264
Tel 760-323-8166 / Fax 760-325-5747
under this Agreement for work performed by Veolia's own personnel; (iii) Veolia shall make reasonable efforts to obtain at least three (3) competitive bids; (iv) competitive bidding on an individual scope of work shall not be required more frequently than the later of (1) once every three (3) years; or (2) in the case of an individual scope of work with respect to which a subcontract has been entered into, until the term of that subcontract has expired. If, after good faith efforts, Veolia receives two (2) competitive bids for a subcontracted scope of work, Veolia may proceed to enter into negotiations with the subcontractor submitting the lowest bid. If, after good faith efforts, Veolia receives one (1) competitive bid for a subcontracted scope of work, Veolia may proceed to enter into negotiations with that subcontractor provided the overall cost for that individual scope of work will not increase more than ten percent (10%) above the previously subcontracted scope of work, in which case Veolia shall repeat its efforts to solicit competitive bids. If, after good faith efforts, Veolia receives no competitive bids, Veolia may renegotiate the subcontract for which competitive bidding was initiated, provided the overall cost for that individual scope of work will not increase more than ten percent (10%) above the previously subcontracted scope of work, in which case Veolia shall repeat its efforts to solicit competitive bids.

If you require any further information, please contact me at the facility.

Sincerely;
Doug Loar
Project Manager
Veolia Water West Operating Services, Inc. / Palm Springs Enclosure: Scope of Work for Palm Springs Tentative WDR Review and Comment Letter Scope of Work for Palm Springs WDR Special Studies
Cc: Joel Montalvo M.P.A., PE, City Engineer
Francisco Jaime, PE, Principal Engineer
Juan Segoviano, PE, Senior Civil Engineer
Item 1L - Page 14
December 27, 2023
Mr. Andrew Crider
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Scope of Work for Palm Springs Tentative WDR Review and Comment Letter
Dear Mr. Crider:

Larry Walker Associates (LWA) would be pleased to assist the City of Palm Springs (City) in reviewing and providing comments on the Tentative Waste Discharge Requirements (WDRs) for the Palm Springs Wastewater Treatment Plant (WWTP) issued by the California Regional Water Quality Control Board, Colorado River Basin Region (Colorado River Basin Water Board) on December 22, 2023.

The Tentative WDRs introduce a new regulatory approach for the City’s WWTP by replacing effluent limits for chloride, fluoride, and sulfate with interim effluent limits for total dissolved solids (TDS). Special Provisions in the Tentative WDR require the City to investigate salinity and source controls for mineralized waste discharges in order to develop final TDS effluent limits. Additional Special Provisions include a groundwater monitoring network technical report, a nitrogen control strategy technical report including a nitrogen fate and transport investigation as well as a nitrogen effluent limit feasibility study, and a TDS source control program technical report. This scope of work includes review of the special study requirements, but is not limited to these topics. A preliminary review of the Tentative WDRs indicates that not all of these special studies may be appropriate, especially the nitrogen control strategy technical report. This and other similar recommendations will be included in the final comment letter.

LWA is submitting this scope of services to assist the City in the review of the Tentative WDRs and development of a comment letter to the Colorado River Basin Water Board.

The scope of work, budget and schedule for this effort are provided below.

Scope of Work
Task 1. Review Existing Information
LWA will compare the requirements in City’s current WDRs (Order NO. R7-17-0013) to the Tentative WDRs and confer with the City regarding Regional Board communication about the permit requirements. In addition, LWA will review recent effluent and Item 1L - Page 15
L~ LARRY WALKER

ASSOCIATES
science I policy I solutions
1480 Drew Avenue
Suite 100
Davis, CA 95618
530.753.6400
[email protected]
lwa.com
Mr. Andrew Crider
December 27, 2023

Page 2 ends

groundwater monitoring data provided by the City and/or Veolia Water. This information will be used to identify compliance concerns and other issues associated with the proposed permit requirements including effluent limits and special studies.

Task 2. Prepare Comment Letter for Tentative WDR
Based on the review conducted in Task 1, LWA will assess the special provisions, effluent limits and other requirements in the Tentative WDRs with respect to compliance ramifications and appropriate regulatory burdens for the City. LWA will prepare draft comments on the Tentative WDRs to be provided to the City and Veolia Water for review. Following a virtual meeting with City and Veolia Water staff to discuss the draft comments, LWA will develop a final comment letter that incorporates the City’s recommendations for submittal to the Colorado River Basin Regional Water Board.

Budget and Schedule
The above tasks will be conducted for a cost not to exceed $12,030 on a time and materials basis according to the LWA standard billing rates, which are attached. An estimated cost breakdown is shown below.

Assuming a notice-to-proceed and receipt of requested data by January 3, 2024, LWA will prepare a draft comment letter by January 15, 2024. The final comment letter will be ready for submittal to the Colorado River Basin Water Board by January 22, 2024.

Thank you for the opportunity to work with the City on this project. Please, contact me should you have additional questions or concerns.

Sincerely,
Betsy Elzufon
Associate Engineer
$305 $235 $145
1 Review Existing Information 6 8 14 $3,710 $3,710
2 Prepare Comment Letter 12 16 28 $7,420 $7,420
5 Project Management 2 2 4 $900 $900
TOTAL PROJECT COSTS 20 24 2 46 $12,030 $12,030
(1) LWA hourly rates in effect from July 1, 2023 to June 30, 2024. Rates are adjusted annually on July 1.

City of Palm Springs
Cost Estimate
WDR Renewal Support
Task Description
Total
Labor
Costs
Other
Direct
Costs
Total Costs
Project
Manager/
Associate
Project
Engineer IIA
Contract
Coordinator
Total
Hours
Item 1L - Page 16
Mr. Andrew Crider
December 27, 2023

Page 3 ends

LARRY WALKER ASSOCIATES RATE SHEET
Effective July 1, 2023 – June 30, 2024
7/6/2023
PERSONNEL TITLE RATE ($/HR) PERSONNEL TITLE RATE ($/HR) Nicole Collins Administrative Assistant $ 80 Bryant Alvarado Associate Engineer I $289 Eddie Mason Administrative Assistant $ 80 Gorman Lau Associate Engineer I $289 Kim Turner Administrative Assistant $ 80 Mike Trouchon Associate Scientist I $289 Tina VanCarpels Contract Coordinator $145 Paul Hartman Associate Scientist II $305 John Walker AR/AP Manager $145 Denise Conners Associate Engineer II $305 Hayleigh Sawdaye Graphic Designer $134 Betsy Elzufon Associate Engineer II $305 Kathryn Walker Senior Graphic Designer $174 Karen Ashby Vice President $322 Cat Henry Project Scientist I-C $140 Laura Foglia Vice President $322 Caleb Klotzle Project Scientist I-C $140 Sandy Mathews Vice President $322 Ben Melechin Project Scientist I-C $140 Chris Minton Vice President $322 Paula Rueda-Villamil Project Engineer I-C $140 Brian Laurenson Executive Vice President $337 Chloe Celniker Project Scientist I-B $169 Thomas Grovhoug Senior Executive $353 Zaida Cholico Project Engineer I-B $169 Ashli Desai President $353 Sophie McFadin Project Engineer I-B $169
Lauren Steinberg Project Engineer I-B $169
Nicole Wilson Project Scientist I-B $169
Camille Woicekowska Project Scientist I-B $169
Helen Zhou Project Engineer I-B $169
Jenny Bayley Project Engineer I-A $196
Andrew Calderwood Project Engineer I-A $196
Nubia Donikian Project Engineer I-A $196
Khanh Thi Nhu Nguyen Project Engineer I-A $196
Rebecca Smith Project Scientist I-A $196
Katrina Arredondo Project Scientist II-B $208
Sebastian Bognar Project Scientist II-B $208
Kyle Mattingly Project Scientist II-B $208
Kelsey McNeill Project Engineer II-B $208
Jeffrey Walker Project Engineer $208
Audra Bardsley Project Scientist II-A $235
Airy Krich-Brinton Project Engineer II-A $235
Adriel Leon Project Scientist II-A $235
Danielle Moss Project Engineer II-A $235
Ryan Parks Project Scientist II-A $235
William Rice Project Engineer II-A $235
Olin Applegate Senior Scientist I $253
Alina Constantinescu Senior Engineer I $253
Ryan Fulton Senior Engineer I $253
Jamie Habben Senior Scientist I $253
Steve Maricle Senior Engineer I $253
Michael Marson Senior Scientist I $253
Kara Mathews Senior Scientist I $253
Mitch Mysliwiec Senior Engineer I $253
David Vilas Senior Scientist I $253
Elizabeth Yin Senior Scientist I $253
Diana Engle Senior Scientist II $272
Amy Storm Senior Scientist II $272
Rachel Warren Senior Engineer II $272

REIMBURSABLE COSTS
Travel
Local Mileage Current IRS Rate
Transportation Actual Expense
Auto Rental Actual Expense
Fares Actual Expense
Room Actual Expense
Subsistence And Per Diem Meals
(1) Current GSA Rate
Breakfast Current GSA Rate
Lunch Current GSA Rate
Dinner Current GSA Rate
Incidentals Current GSA Rate
Report Reproduction & Copying
Per Color Copy, In-House $0.89
Per Black And White Copy, In-House $0.08
Per Binding, In-House $1.95
Special Postage And Express Mail Actual Expense
Third-Party Material Preparation Actual Expense
Other Direct Costs Actual Expense
Daily Equipment Rental Rates
Single Parameter Meters & Equipment $30.00
Digital Flow Meter $60.00
Multi-Parameter Field Meters & Sondes $100.00
Multi-Parameter Continuous Remote Sensing $40.00
Field Rig (Field Vehicle & All Equipment) $200.00
Subcontractors Actual Expense Plus 10% Fee
Note: (1) Charged when overnight lodging is required. U.S. General Services Administration rates specified by location of work at gsa.gov.

Item 1L - Page 17
March 12, 2024
Mr. Andrew Crider
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Scope of Work for Palm Springs WDR Special Studies Dear Mr. Crider:

Larry Walker Associates (LWA) would be pleased to assist the City of Palm Springs (City) with conducting the Special Studies that are included in the WDR for the Palm Springs Wastewater Treatment Plant (WWTP) that was adopted by the California Regional Water Quality Control Board, Colorado River Basin Region (Colorado River Basin Water Board) on February 13, 2024.

The studies required under Section G, Special Provisions, of the WDR and the completion dates are listed below:

Provision Completion Date
G.1.a. TDS Effluent Limit Feasibility
Study
February 13, 2025 (within 12
months of permit adoption)
G.1.b. TDS Source Reduction Reports If needed for new sources G.2. Total Nitrogen Effluent Limit
Compliance Time Schedule
July 13, 2024 (within 6 months of
permit adoption)
G.3. Supplemental Groundwater
Monitoring Network Assessment
July 13, 2024 (within 6 months of
permit adoption)
G.4 Groundwater Monitoring Network
Plan
If needed
LWA is submitting this scope of services to assist the City with the special studies listed above. The scope of work, budget and schedule for this effort are provided below.

Scope of Work
Task 1. TDS Effluent Limit Feasibility Study
Provision G.1.a of the WDRs requires the City is required to prepare a technical report describing what would be required to reduce effluent TDS levels to be able to comply with a 500 mg/L effluent limit. LWA will work with the City and Veolia to compile the information needed to determine the cost of upgrading the treatment plant to effectively remove salts (i.e., reverse osmosis). Based on the volume of effluent that would need to Item 1L - Page 18
L~ LARRY WALKER

ASSOCIATES
science I policy I solutions
1480 Drew Avenue
Suite 100
Davis, CA 95618
530.753.6400
[email protected]
lwa.com
Mr. Andrew Crider
March 12, 2024

Page 2 ends

be treated and treatment plant upgrades, LWA will estimate the cost of the upgrade and the resulting sewer rate increases and socio-economic impact of the upgrade. LWA will also evaluate if there are alternatives that may be implemented and their costs. This may include source control and/or regulatory approaches (e.g., mass based limits) that may be effective.

Task 2. Total Nitrogen Effluent Limit Compliance Time Schedule LWA will prepare a proposed schedule of actions that the City will take to achieve compliance with a 10 mg/L effluent limit for total nitrogen as required by Provision G.2. of the WDRs. A time schedule will also be developed to achieve compliance within 10 years. As required by the WDRs, this will include the time and tasks needed to evaluate treatment options and preparing a technical report describing the evaluation and providing recommendations. It will also include a schedule for beginning construction and preparing a technical report documenting project completion.

Task 3. Bacteria Monitoring Study
As required by Provision G.3 of the WDRs, LWA will evaluate the groundwater monitoring network with respect to monitoring for bacteria and prepare a technical report reporting its finding and identifying any modifications that may be necessary. The evaluation will be based on the previous evaluation of the monitoring network along with available bacteria monitoring data. LWA will prepare at draft technical report describing the results of the evaluation for the City to review by mid-June 2024. A finalized version incorporating City comments will be prepared to allow submittal by July 13, 2024. It is assumed that no additional monitoring beyond that required by the WDR will be needed for this evaluation.

Based on the results of the monitoring network evaluation, LWA will conduct a 2-year study to determine the potential sources of bacteria in the groundwater and the extent to which it is related to the effluent discharge vs other sources in the surrounding groundwater and landscaping. This will include monitoring along with review of activities in the region of the groundwater wells that may contribute bacteria to the groundwater. LWA will prepare a Sampling and Analysis Plan and work with Veolia to implement monitoring and sample collection. LWA will compile data collected and use it to prepare a technical report describing the results. This report will be prepared for submittal to the Regional Board within 60 days of completing the source investigation.

The budget for this task assumes Veolia staff will conduct any monitoring activities and the City and/or Veolia are responsible for laboratory costs.

Task 4. TDS Source Reduction Reports – OPTIONAL TASK
If source reduction strategies are identified either for new sources or based on the analysis conducted in Task 1, LWA will prepare the TDS Source Reduction Reports required by Provision G.1.b. that include a description of the source reduction options, projected costs and potential reductions that may be achieved. This effort will build on Item 1L - Page 19
Mr. Andrew Crider
March 12, 2024

Page 3 ends

work previously conducted in 2018 to evaluate TDS sources in the City. The budget for this effort is included as an optional task.

Task 5. Monitoring Network Modification Workplan – OPTIONAL TASK If needed, based on the initial evaluation conducted in Task 3, LWA will develop a workplan and time schedule to modify the monitoring network to address needs associated with bacteria monitoring. The budget for this effort is included as an optional task.

Task 6. Project Management
LWA will provide project management and support, including communication with Veolia and the City regarding task implementation, project schedule, budget, expenditures and other issues related to the administration of the contract.

Budget and Schedule
The above tasks will be conducted for a cost not to exceed $147,066 on a time and materials basis according to the LWA standard billing rates, which are attached. An estimated cost breakdown is shown below.

Assuming a Notice to Proceed by April 1, 2024, LWA will • Complete the TDS Effluent Limit Feasibility Study to allow submittal to the Regional by February 13, 2025
• Prepare the Nitrogen Compliance Schedule and conduct an initial Monitoring Network Assessment to allow submittal to the Regional Board by July 13, 2024. • Complete the Bacteria Source Investigation by August 2026 Thank you for the opportunity to work with the City on this project. Please, contact me should you have additional questions or concerns.
$ 305 $ 253 $ 235 $ 145
1 TDS Effluent Limit Feasibility Study 16 16 48 80 $ 20,208 $ 150 $ 20,358 2 Nitrogen Effluent Limit Compliance Time
Schedule
8 8 20 36 $ 9,164 $ 9,164
3 Bacteria Monitoring Study - monitoring
network evaluation
16 40 80 136 $ 33,800 $ 600 $ 34,400
Bacteria Monitoring Study - source
investigation report
16 60 120 196 $ 48,260 $ 600 $ 48,860
4 TDS Source Reduction Reports (Optional
Task)
8 8 40 56 $ 13,864 $ 13,864
5 Monitoring Network Modification Workplan
(Optional Task)
8 20 32 60 $ 15,020 $ 15,020
7 Project Management and Coordination 12 12 24 $ 5,400 $ 5,400 TOTAL FOR ALL TASKS 84 152 340 12 588 ####### $ 1,350 $ 147,066 (1) LWA hourly rates in effect from July 1, 2023 to June 30, 2024. The City will be provided with 30-days notice of any proposed rate increase (2) The cost estimate is based on best available information. If it appears the total budget will be exceeded, LWA will notify the City to discuss approach before proceeding with additional work Task
Total
Hours
Other
Direct
Costs
Labor
Cost
Total Cost
Associate
Project
Engineer
Contracts
Administrator:

Senior
Engineer
LWA Labor Hours and Rates
City of Palm Springs
Professional Services by Larry Walker Associates WDR Special Studies Task Description
Item 1L - Page 20
.. ,. ,. ..
~
Mr. Andrew Crider
March 12, 2024

Page 4 ends

Sincerely,
Betsy Elzufon
Associate Engineer
Item 1L - Page 21

Item 1L - Page 22

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 10, 2024 CONSENT CALENDAR
SUBJECT: A REQUEST BY THE OWNERS OF TWO HISTORIC PROPERTIES FOR

APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION

AGREEMENTS, INCLUDING ONE UNIT WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HD-11) AT 1111 EAST PALM CANYON DRIVE, UNIT 382; AND THE HARRIET VAN HORN RESIDENCE, A CLASS 1 HISTORIC SITE (HSPB 157) LOCATED AT 1121 LINDA VISTA ROAD FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with the current property owners of two separate historic sites. The intent of these contracts is to require maintenance and preservation of the designated sites in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:

A. 1111 E. Palm Canyon, Unit 382 (Ocotillo Lodge), APN: 511-035-122.

B. 1121 Linda Vista Road (Harriet Van Horn Residence), APN: 507-132-001.

2. Authorize the City Manager to execute the Agreements.

3. Direct the City Clerk to record the Agreements with the County of Riverside.

BUSINESS PRINCIPAL DISCLOSURES:

The applicants for each Mills Act Agreement are as follows:

1. Clifford L. Palmentiero and Jaime Silvar (along with Ocotillo Lodge Owners Association) for the condominium within the Ocotillo Lodge Historic District at 1111 E. Palm Canyon Drive, Unit 382.

2. Kerry Francis Cunningham and Ken Thien for the residence at 1121 Linda Vista Road.

Item 1M - Page 1
City Council Staff Report
October 10, 2024 -- Page 2
Mills Act Agreements
STAFF ANALYSIS:

The following chart lists the date and resolution number for each property designated by the City Council:

Address Historic Class Date of
Designation
City Council
Resolution
1111 E. Palm Canyon, Unit 382
Contributor in
Historic District 05/23/2024 25210
1121 Linda Vista Road Class 1 Site 06/13/2024 25217
Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for the ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.

California Government Code Section 50280.1 denotes that properties are eligible for a Mills Act contract if listed in a state, city, or county official register of historic sites. All four properties were locally designated and listed on the local inventory of historic places, and therefore, qualify to apply for a Mills Act Contract. The draft Historic Property Preservation Agreements for each property are included as Attachment D to this report and specify details regarding restoration and/or maintenance of the four historic properties.

Aerial maps showing the location and context of each property and photographs of the exterior elevation are included below.

Item 1M - Page 2
City Council Staff Report
October 10, 2024 -- Page 3
Mills Act Agreements
AERIAL VIEW OF 11111 E. PALM CANYON, #382 EXTERIOR ELEVATION OF 1111 E. PALM CANYON, #382 AERIAL VIEW OF 1121 LINDA VISTA ROAD EXTERIOR ELEVATION OF 1121 LINDA VISTA ROAD

FISCAL IMPACT:

Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1M - Page 3
City Council Staff Report
October 10, 2024 -- Page 4
Mills Act Agreements
ATTACHMENTS:

A. Vicinity Maps for Each Property
B. City Council Resolution Nos. 25210 & 25217
C. Owner Letters and Disclosures
D. DRAFT Historic Property Preservation Agreements
Item 1M - Page 4

ATTACHMENT A
Item 1M - Page 5
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #154 – The Ocotillo Lodge
1111 E. Palm Canyon Drive, Unit # 382
Item 1M - Page 6
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #157 – The Harriet Van Horn Residence
1121 Linda Vista Road
Item 1M - Page 7

ATTACHMENT B
Item 1M - Page 8
RESOLUTION NO. 25210

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE
OCOTILLO LODGE" LOCATED AT 1111 EAST PALM
CANYON DRIVE, A HISTORIC DISTRICT (HSPB # 154 / HD11), SUBJECT TO CONDITIONS ( APNs 511- 035- 001 THROUGH 511- 035- 128).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8. 05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, the Ocotillo Lodge Owners Association ( OLOA), Represented by Chattel, Inc., submitted an application seeking historic site designation of the Ocotillo Lodge located at 1111 E. Palm Canyon Drive; and
C. WHEREAS, in May, 2024, members of the Historic Site Preservation Board HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on May 7, 2024, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB 4154 / HDA 1 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Ocotillo Lodge a Historic District; and
F. WHEREAS, on May 23, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB # 154 was held in accordance with applicable law; and
G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS RELATIVE TO THE CRITERIA FOR THE DESIGNATION OF HISTORIC DISTRICTS.

Evaluation of the Application. Pursuant to Municipal Code Section 8. 05.090 ( C, 1), the Item 1M - Page 9
Resolution No. 25210

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City Council shall evaluate the application and make findings in conformance with the following criteria: '

1. Criteria and Findings for Designation of Historic Districts. The proposed district and contributing resources located therein exhibit exceptional historic significance and meet one or more of the criteria listed below:

The report identifies the exterior of Ocotillo Lodge as a largely intact example of a Mid - Century Modern hotel, which has since been converted to a condominium complex.

Designed by Palmer and Krisel, the complex exhibits character -defining features of the Modern Movement through the use of site planning, building form and material selection, but it also visualizes the development trends of Palm Springs during that period. The report also references the landscape architect Garrett Eckbo and his contributions to the project.

Criterion a) Is associated with events that have made a meaningful contribution to the nation, state, or community;
No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion a.

Criterion b) Is associated with the lives of persons who made a meaningful I
contribution to national, state, or local history;
The report does not call out any individuals associated with the property who made any meaningful contribution to national, state, or local history. The site does not qualify under Criterion b.

Criterion c) Reflects or exemplifies a particular period of national, state, or local history;
During the post -World War II period in Palm Springs, there was a growing demand for single- family residential homes and housing for seasonal residents. Local developers like the Alexander Construction Company developed residential tracts to meet this need, and the Ocotillo Lodge was constructed, in part, to house potential homebuyers while the homes were being built. The different unit types designed for the Ocotillo Lodge showcase the modern aesthetic that would mirror significant features in the homes that would be constructed in the Twin Palms tract. The units at the Ocotillo Lodge also catered to differing privacy and livability needs for both short and long- term visitors to the area. Staff finds the site qualifies as a historic resource under Criterion c by reflecting the local history of development and design shift in architectural style.

Criterion d) Embodies the distinctive characteristics of a type, period, or method of construction,
I
Item 1M - Page 10
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Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type ( of construction), the period ( of construction) and the method ( of construction). Conventional construction methods and materials were used to develop this complex. The HRR goes into detail regarding the use of steel I - beams for the lobby building ( identified as Building 1A) to create the expansive wall of concave windows. While the use of the steel beams allowed the glass in the south elevation to be configured in a unique way and what was known as the " Candlewood Room" to slightly cantilever over the area containing the swimming pool, the invention and use of the steel I- beam for structural framing date further back than the 1950s. Staff finds the method and techniques used were not new to the period; therefore, contrary to the report, staff does not find the project qualifies for this -criterion.

Criterion e) Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value, Architects Palmer and Krisel are credited for designing the Ocotillo Lodge and the prolific developers Alexander Construction built the complex. It was also noted in the report that the influential landscape architect Garrett Eckbo designed the original landscape features and that certain signature elements were considered physical representations of his theories. Each of the individuals that came together to design and develop this property have a level of influence in their respective fields, especially in the local context of Palm Springs. Their works are celebrated and continue to highly influence the field today.

Ocotillo Lodge is a rare example where these three highly regarded masters collaborated on a single project, thus staff finds the project qualifies under Criterion e.

Criterion t) Represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists, or
The structures and features within the proposed boundaries of the district may not independently possess historic distinction, however, as a collective the proposed district embodies the development history of Palm Springs and how existing structures were adapted for the population growth of full- time residents and the architectural trends that appealed to the people during that time. Thus, the proposed district also qualifies under Criterion f.

Criterion g) Has yielded ormaybe likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre -historic significance of the site.

SECTION 2: PART " C" ANALYSIS OF HISTORIC INTEGRITY.

Analysis of Integrity. ( PSMC 8. 05.090 ( C, 2). The site, structure, Item 1M - Page 11
Resolution No. 25210

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building, or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior' s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

Beginning on page 49 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The buildings, the configuration of parking, and open community spaces remain in their historic location, therefore, the proposed district retains its integrity of location.

2. Design:

The one and two- story structures are arranged on the site creating a hierarchy of buildings which seem to respond to the adjacent street conditions: the two- story building facing East Palm Canyon Drive and the clusters of one-story units face the neighborhood roads.

Vehicular circulation, including parking, is concentrated to the periphery of the site and the internal circulation consists of concrete pathways encouraging pedestrian use.

The one- story units were arranged in two different clusters around the central open space ' containing the keyhole -shaped pool. The report identifies the one- story clusters as " villa bungalows" and " courtyard bungalows". The "villa bungalows" comprise of 25 units and are arranged in a grid pattern, while the " courtyard bungalows" consist of 56 units that are clustered in a checkered pattern. The layout of the buildings allows for each unit to have their own private patio space and access to walkways that ultimately connect back to the central community space. The buildings all utilize a similar architectural language that exhibit modernism principles by using simple geometric forms, flat roots, exposed wooden beams, square concrete block walls, large expanses of glass walls, ribbon and/ or clerestory windows, and simple line details with no ornamentation.

No original landscape files were found but the report confirms Garrett Eckbo' s involvement in the project and credits the landscaping features around the main pool and the geometry of curves and angles found in the paving to him based on an interview with the architect. Other examples of his work help support this claim.

The building forms, the use of simple details and largely the site design are critical components of the design that largely remain; therefore, staff finds the design integrity is intact.

3. Setting.

According to the historic resources report, the property was constructed with an intent to , Item 1M - Page 12
Resolution No. 25210

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house potential buyers of single-family homes that were being built in the adjacent Twin Palms tract just north of the property. As seen in the historic aerial images from 1965 and 1972 ( Attachment B of the HRR), the lots directly east and west of the property along E.

Palm Canyon Drive were vacant. Currently those areas are zoned with differing degrees of residential and commercial uses but the original setting between Ocotillo Lodge and the Twin Palms subdivision remains intact.

4. Materials:

The building materials consist of smooth plaster or stucco finished walls, T1- 11 siding, masonry block walls, extruded wooden beams and fascia details, aluminum -framed windows and doors, and concrete pathways. It appears that some original exterior material was replaced and there are areas of deterioration that need to be addressed but a majority of the original material remains. The overall integrity of materials is intact.

5. Workmanship:

Conventional construction methods and building materials were used for this development. Readily available materials such as concrete blocks were used to reinforce clean lines and the extrusion of blocks on the screen walls created a decorative pattern to highlight certain areas. Various repairs and changes have been made to individual units over time, however, the overall aesthetic was respected and changes that are less sympathetic appear reversable. The use of concrete square blocks down to the fascia details demonstrates a level of attention to detail and workmanship by the original designers. Staff finds enough integrity of workmanship remains on site.

6. Feeling.

The original design focused on the pedestrian experience by leaving the vehicles behind and immersing the visitors/ residents into a network of walkable concreate paths. Each unit retains private courtyard spaces, and the main swimming pool retains its focal presence on the site 'as a space for community gathering. The feeling of leisure desert retreat remains on the site because all the private and communal spaces remain in their original configuration; therefore, staff finds the integrity of feeling remains intact.

7. Association:

The existing condition of the property maintains a physically recognizable association with the post World War II development in Palm Springs and the major design components of the site design and individual buildings are closely associated with the architects Palmer, Krisel and Eckbo. The integrity of association remains intact.

Page 6 of 9 ends

contribute to the resource' s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but ' which may create a false sense of historicity. Distinguishing original character -defining features from non -original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

The following is a list of character -defining features identified by the City Council:

Character -defining features listed below and more clearly referenced in Exhibit A:

Site design and building cluster configurations on the lot around the central focal point of the main swimming pool shaped like a keyhole
Internal network of concrete pathways including the curved and angular geometry of the pavement credited to Garrett Eckbo
Parking and vehicular circulation configuration around the perimeter of the property.

One and two- story horizontal massing and simple geometric forms Grid -like layout or clustered units arranged around the swimming pool and articulated by four -unit bungalows
Keyhole -shaped pool within the open community space south of the lobby building
Painted masonry block screen walls with articulation on the north ( front) and south ( rear) elevations of the lobby building ( identified as Building 1A in the HRR) Distinctive semi -circular plan and concave windows in the " Candlewood Room" ' identified as the south portion of Building 1A in the HRR) Monumental porte cochere entry with restored Ocotillo Lodge signage ( excluding the square notched archway in the porte cochere)
Flat roofs that have wide overhanging eaves and cantilevered canopies Fascia details that hide the electrical conduit
Expressed post -and -beam construction using wood and steel members Interior/ exterior connections expressed through glass walls, the continuation of exposed beams and tongue -and -groove ceiling details to the exterior Integration of private patios and semi -private decks for each unit Unadorned smooth plaster or stucco -finished wall surfaces Square concrete block walls in a stack bond pattern
Flush -mounted aluminum -framed ribbon windows, clerestory windows, and glass sliding doors that span from floor to ceiling
Sun flap" of suspended concrete panels shading concave curtain wall T1- 11 wood siding on storage spaces and patio dividers for second floor units Exposed pebble aggregate concrete stair treads in steel pipe column stairwells leading to the second floor units
Glass walls incorporating sliding glass doors
Glass walls with double glass doors at porte cochere wall of lobby Landscape design features around the main pool by Garrett Eckbo and tall Washingtonia palms throughout the complex ,
Curved cabana and restroom structure with trellis south of the keyhole -shaped Item 1M - Page 14
Resolution No. 25210

Page 7 of 9 ends

pool designed by Garrett Eckbo (removed)
Non- contributing elements:

Pool fencing installed around the keyhole -shaped swimming pool Metal security gates at various entry points to the site Metal screen security doors in front of entry doors on the units facing East Twin Palms Drive
Metal mesh screening on stair railings
Metal fence along the curved strip of grass where the original curved cabana/ trellis was located south of the keyhole -shaped pool
Glass blocks in original clerestory openings
Roof -mounted mechanical equipment and accompanying ductwork Sunshine Bar ( identified as Building 5 in the HRR) added in 1973 and detached barbecue added in 1994
One- story conference room ( identified as Building 4 in the HRR) east of the Sunshine bar (Building 5)
Two non -original spas located northwest and directly east of the keyhole shaped swimming pool
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation 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 CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8. 05 of the Municipal Code, the following General Conditions shall apply to Historic Districts:

1. It shall meet the definition of a historic district as outlined in Municipal Code Section

8. 05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as `historic' at the federal, state, and/ or county level.

4. The structure/ site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8. 05. 120 " Demolition or Alteration or New Construction within a Historic District — Certificate of Appropriateness'.

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8. 05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for Item 1M - Page 15
Resolution No. 25210

Page 8 of 9 ends

recordation within 90 days of the effective date of the Council' s resolution.

The following Specific Conditions of Approval shall apply to the Ocotillo Lodge Historic ' District:

1. Design Guidelines. The property owners in the proposed historic district shall submit design guidelines as outlined in Section 8. 05 for review and approval by the City' s HPO.

2. Review of future Certificates of Appropriateness CC of A"). Alterations to buildings, structure, objects, and other character -defining and contributing resources within the historic district and described in Sections 2 and 3 are to be evaluated pursuant to PSMC Section 8. 05. 120 ( E), including consistency with the Design Guidelines.

Based upon the foregoing, the City Council designates " Ocotillo Lodge" located at 1111 East Palm Canyon Drive, a Historic District HSPB # 154 / HD- 11.

ADOPTED THIS 23RD DAY OF MAY 2024.

ATTEST:

Arendree, City Clerk
AW colt
C. Stiles, City Manager ' C
Item 1M - Page 16
Resolution No. 25210

Page 9 of 9 ends

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS)

CERTIFICATION
ss.

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25210 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 May 23, 2024, by the following vote:

AYES: Councilmembers Garner, Holstege, Middleton, and Mayor Bernstein NOES: None
ABSENT: Mayor Pro Tern deHarte
ABSTAIN: None
IN WITNESS WHEREOF, I have hereutntQ set my hand and affixed the official seal of the City of Palm Springs, California, this day of June 2024.

Xj1A el?
Bre da Pree, MMC, CERA, City Clerk
City of Palm Springs
Item 1M - Page 17
RESOLUTION NO. 25217

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING THE " HARRIET VAN
HORN RESIDENCE" LOCATED AT 1121 LINDA VISTA ROAD, AS
A CLASS 1 ( LANDMARK) HISTORIC RESOURCE HSPB # 157,
SUBJECT TO CONDITIONS ( APN 507- 132- 001).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8. 05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, the City of Palm Springs initiated an application seeking historic site designation of the Harriet Van Horn Residence located at 1121 Linda Vista Road; and C. WHEREAS, in January 31, 2024, members of the Historic Site Preservation Board HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on June 4, 2024, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB # 157 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on. the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Harriet Van Horn Residence a Class 1 ( Landmark) historic resource; and F. WHEREAS, on June 13, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB # 157 was held in accordance with applicable law; and G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS — PART "A". CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8. 05.070 ( C, 1, a), the City Council shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (" a" and "b') are met.
a. The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The report clarifies the permit history and provides historical context surrounding the home and the development patterns for the period after World War 11 in Palm Springs. Not only is the Item 1M - Page 18
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June 13, 2024
property an early example of Herbert Burns' residential work, but the home is also an intact representation of an architectural style that was desired and readily accepted. The period of ' significance is 1948. The following is an analysis of the criterion and integrity findings.

Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state, or community;
No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion I.

Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; The home was the residence of a writer and character actress by the name of Harriet Merry Van Horn in 1950. The report concludes that there is little information about this individual other than the fact that she owned the property for about a year shortly after it was constructed in 1948.

City Council finds that criterion ii is not met.

Criterion 3) The resource reflects or exemplifies a particular period of national, state, or local history;
The home was completed for the developers O.W. Kam and R. C. Inger in the El Mirador Park tract. According to the research in the report, developers during this period tried to set apart their homes through design. Herbert W. Burns was an established designer that had a distinctive style ' that identified with the Late Moderne movement of the post -World War II era. The design of the building has a strong emphasis on the horizontal form and a flat roof. The mullions of the steel framed windows, the vertical wooden poles and the horizontally stacked Arizona sandstone all contribute to creating a subtle sense of ornamentation. The home in its condition is an exceptional representation of this particular time period from a state and local standpoint, thus, criterion iii is met.

Criterion 4) The resource embodies the distinctive characteristics of a type, period, or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type ( of construction), the period ( of construction) and the method ( of construction). It appears that the home was constructed using standard construction methods and does not qualify for this criterion.

Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
Designer Herbert W. Burns is a locally recognized figure who designed a number of historically significant buildings in Palm Springs such as the Town & Desert Apartments ( 370 W. Arenas ' Road, HSPB # 90, Class 1 Site) and the Gillman Residence ( 574 W. Mariscal Road, HSPB # 142, Class 1 site). His designs include the use of specific building materials and his mastery in creating balance with asymmetric compositions. His contributions to the development of Palm Springs as a designer is evident in his work, thus City Council finds Criterion v is met.

Item 1M - Page 19
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June 13, 2024
Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, forparcels on which more than one entity exists, or
No information has been provided that the resource qualifies under Criterion vi.

Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre -historic significance of the site.

SECTION 2: PART " B" ANALYSIS OF HISTORIC INTEGRITY.

Analysis of Integrity. ( PSMC 8.05.070 ( C, 1, b). The site, structure, building, or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

Beginning on page 12 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The resource remains in its original location of construction, therefore, retains its integrity of location.

2. Design:

The single -story home is sited on a corner lot with the open space concentrated towards the front yard and a square pool located at the far southwest corner of the lot. The design of the home identifies with Late Moderne architecture which is identified in the Citywide Historic Context Statement for Palm Springs as style that incorporates elements of Streamline Moderne and the International style. The home emphasizes horizontality with the flat roof and the layout of the building footprint. The stacked Arizona sandstone, steel framed windows with mullions, and the vertical wood poles creates a composition of materials that emphasizes utilitarian aesthetics with natural materials. The carport/garage area is enclosed, and a covered breezeway now connects the detached maid' s quarters to the home, but the majority of the layout remains consistent to the original design, and all changes to the home are in discrete locations with minimal impact to the design intent. The home retains the integrity of materials which contributes to the clear depiction of the design intent. The integrity of design is met.

3. Setting.

The single- family home remains in a residential subdivision and the home occupies the same location on the lot as it was originally intended. New hedges for privacy screening were installed Item 1M - Page 20
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June 13, 2024
to the front of the home which has altered the visibility of the home from the public right- of- way but the overall relationship between the home and the open areas on site remain consistent , given that no significant additions were added to the home.

4. Materials:

The exterior of the building is comprised of unadorned stucco walls, unpainted Arizona sandstone, thin vertical wooden columns, and steel framed windows. New solar panels were installed to the flat roof but with a minimal profile and a new sliding door and windows were added to the rear fagade but all the fenestration and sandstone details on the primary facades appear to be original. The materials play an important role in the design of the building because they incorporate the decorative elements that tie the design together. The integrity of materials is met.

5. Workmanship:

Conventional construction methods were used to build the home but the attention to detail is clearly visible when you observe the thin inset mortar joints between each layer of Arizona sandstone. The property as it stands exhibits craft and high -quality workmanship. City Council finds the integrity of workmanship is met.

6. Feeling:

The property remains a single- family home and clearly demonstrates characteristics pertaining to Late Moderne architecture. The clear visibility of the site is now partially obstructed due to the newly planted vegetation, however, the feeling related to the design remains fully intact. The integrity of feeling is met.

7. Association:

The property is associated with the designer Herbert W. Burns and the high level of design and material integrity that is retained affirms the building' s strong association with the designer.

The integrity of association is met.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource' s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character -defining features from non -original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

The following is a list of character -defining features identified by the City Council:

Character -defining features of the resource are as follows:

Overall site design
Low -slung one- story configuration with horizontal massing and splayed L- shaped building footprint
Two main building volumes separated by inset entryway beneath a rectangular canopy Item 1M - Page 21
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June 13, 2024
Unadorned stucco walls and stucco cladding with continuous slightly projecting relief along the roofline at exterior walls
Flat roofline with wide overhanging eaves
Flat -stacked Arizona sandstone chimneys projecting above the roofline at the north and west elevations
Fenestration patterns consisting of rectangular fixed and casement steel -frame windows at all elevations
Rectangular Swimming pool
Flat -stacked Arizona sandstone wall, east of inset entryway at north elevation Low flat -stacked Arizona sandstone planters at north and south elevations Vertical cylindrical poles used as accents framing the north elevation of the western volume
Low concrete wall separating the front yard from the sidewalk Non- contributing elements:

Concrete entry pathway
Hedges installed along the street -facing front fagade
Enclosed carport with garage door east of the sandstone chimney on the north elevation Sliding glass door on the rear elevation
Privacy wall that terminates into the corner of the west fagade Spa attached to the swimming pool
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation 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 CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8. 05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource:

1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code Section

8. 05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as ' historic' at the federal, state, and/ or county level.

4. The structure/ site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8. 05. 110 " Demolition or Alteration of Class 1 and Class 2 Historic Resources — Certificate of Appropriateness".

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8. 05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation Item 1M - Page 22
Resolution No. 25217

Page 6 of 6 ends

June 13, 2024
within 90 days of the effective date of the Council' s resolution.

Based upon the foregoing, the City Council hereby designates the "Harriet Van Horn Residence" located at 1121 Linda Vista Road, a Class 1 ( Landmark) Historic Resource ( Case HSPB # 157). ADOPTED I THIS THIRTEENTH DAY OF JUNE. 2024. ATTEST:

Brenda
Pree, City Clerk Scott
C. Stiles, City Manager 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. 25217 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 June 13, 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 Q +'I day of June 2024. 41 renda
Oree, MC, A, City Clerk City
of Palm Springs
Item 1M - Page 23

ATTACHMENT C
Item 1M - Page 24
Item 1M - Page 25
Item 1M - Page 26
Item 1M - Page 27

ATTACHMENT D
Item 1M - Page 28
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Clifford L. Palmentiero and Jaime Silvar ("Owner") and Ocotillo Lodge Owners Association (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 382, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On May 23, 2024 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1M - Page 29
2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ________________, 2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1M - Page 30
3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1M - Page 31
4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1M - Page 32
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Clifford L. Palmentiero and Jaime Silvar
1111 E. Palm Canyon Drive, #382
Palm Springs, CA 92264

HOA: Ocotillo Lodge Owners Association
Rhonda Drews, Community Manager
40-004 Cook Street, Suite 5
Palm Desert, CA 92211

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1M - Page 33
6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Item 1M - Page 34
7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1M - Page 35
8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Owner: Clifford L. Palmentiero

Dated:_________________________ By:_______________________________ Owner: Jaime Silvar

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association
Item 1M - Page 36
9 Item 1M - Page 37
10 EXHIBIT A

LEGAL DESCRIPTION
A CONDOMINIUM COMPRISED OF:

PARCEL 1:

A.) UNIT NO. 382, AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO. 237791 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND FURTHER

DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND

RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OCOTILLO LODGE, A SPA RESORT CONDOMINIUM RECORDED JULY 25, 1995 AS INSTRUMENT NO 239160 OF OFFICIAL RECORDS OF RIVERSIDE COUNTRY, CALIFORNIA;
B.) AN UNDIVIDED 1/127TH INTEREST IN AND TO LOT 1 OF TRACT NO. 28063, AS SHOWN BY MAP ON FILE IN BOOK 254 PAGES 50 AND 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM UNITS AS SHOWN ON THE PLAN AND DESCRIBED IN THE DECLARATION MENTIONED ABOVE.

PARCEL 2:

THE EXCLUSIVE RIGHT TO USE THE APPURTENANT EXCLUSIVE USE COMMON

AREAS SET ASIDE AND ALLOCATED FOR THE EXCLUSIVE USE OF THE OWNER OF THE CONDOMINIUMS DESCRIBED AS PARCEL 1 ABOVE, AS DESCRIBED IN THE DECLARATION AND AS SHOWN ON THE PLAN.

ASSESSOR’S PARCEL NUMBER: 511-035-122
Item 1M - Page 38
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic characterdefining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1M - Page 39
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1M - Page 40
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Repair and maintain irrigation in the small garden space adjacent to the front door. Update and maintain period appropriate plants. Estimated completion date: 2025-2026.

2. Repair irrigation in garden space at left of the front door, repairing lighting and install and maintain period plants. Estimated completion date: 2025-2026.

3. Install irrigation in the 20 ft garden space opposite unit 382 front door. Install and maintain period appropriate plants. Estimated completion date: 2025- 2026.

4. Repair or restore exterior door hardware to match historic hardware for the front door. Estimated completion date: 2025-2026.

5. Resurface flooring on back patio to repair cracks and bring surface to match original conditions. Estimated completion date: 2026-2027.

6. Repair and restore exterior closet door located in back patio area. Estimated completion date: 2026-2027.

7. Restoration of sliding tracks of all opening glass doors. Estimated completion date: 2026-2027.

8. Maintain all exterior paint including restored door and trim and color matches.

Estimated completion date: 2026-2027.

9. Replacement of roof top air conditioning equipment. Estimated completion date: 2030-2032.

Item 1M - Page 41
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ___day of ________, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Kerry Francis Cunningham and Ken Thien Sim ("Owner") RECITALS:

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1121 Linda Vista Road, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. On June 13, 2024 (the "Approval Date"), the City Council approved Resolution 25217 establishing the subject property as a historic resource which is listed on the City’s register of historic resources, sites, landmarks and districts.

D. The City and the Owner, desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1M - Page 42
2 AGREEMENT

NOW, THEREFORE, the City and the Owner, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ___________, 2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner shall comply with these minimum standards throughout the term of this Agreement. In addition, the Owner shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1M - Page 43
3 4.2 The Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, the Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

6. Provision of Information of Compliance. The Owner shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner breaches any provision of this Agreement, the City Manager may give written notice to the Owner by registered or certified mail detailing the Owner's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner to be in breach of this Agreement. Upon the City Manager’s declaration of the Item 1M - Page 44
4 Owner's, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner breached any of the conditions of the Agreement, the Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

9. Waiver. The City does not waive any claim of default by the Owner if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City and the Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, Item 1M - Page 45
5 shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City and the Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City and the Owner,

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Kerry F. Cunningham and Ken Thien Sim
1121 Linda Vista Road
Palm Springs, CA 92262

14. Indemnity of City. The Owner shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's obligation to indemnify shall survive the Item 1M - Page 46
6 termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

21. No Compensation. The Owner shall not receive any payment from the City in consideration of the obligations imposed under this
Agreement. The Owner and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner is the economic advantage that will Item 1M - Page 47
7 accrue to the Owner as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1M - Page 48
8 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

Dated:_________________________ By:_______________________________ Owner: Ken Thien Sim

Item 1M - Page 49
9 Item 1M - Page 50
10 EXHIBIT A

LEGAL DESCRIPTION
LOT 15 OF EL MIRADOR PARK, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGE 25 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

ASSESSOR’S PARCEL NUMBER: 507-132-001
Item 1M - Page 51
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

Item 1M - Page 52
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)
(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1M - Page 53
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Renovate/Repair carport & driveway. Estimated cost: $27,000 - $40,000

2. Replace concrete flooring in the carport. Estimated cost: $10,000 - $12,000.

Estimated completion date: 2024-2026

3. Replace carport roof and bury electrical and AC conduits underground. Estimated cost: $9,000 - $15,000. Estimated completion date: 2024-2026.

4. Replace old water heater with energy ePicient tankless wall unit. Estimated cost:
$3000 - $4,000. Estimated completion date: 2025-2026.

5. Repair and restore sandstone planters in carport. Estimated cost: $1000 - $2000.

Estimated completion date: 2025-2026.

6. Install louvres that match original louvers in front of windows facing the carport.

Estimated cost: $2,000 - $4,000. Estimate completion date: 2025-2026.

7. Address drainage issues on the pool deck around the exterior walls of the house.

Estimated cost: $1000 - $2000. Estimated completion date: 2024-2025.

8. Rebuild original sandstone planters around the pool deck with a mortar match with the original design. Estimated cost: $2000 - $3000. Estimated completion date:
2025-2026.

9. Roof maintenance including foam re-coat every 5-10 years and reinstallation of solar panels. Estimated cost: $20,000 - $28,000. Estimated completion date: 2028- 2034.

10.Replace old gas line on west wall that feeds into the interior fireplace. Estimated cost: $500 - 1,000. Estimated date of completion: 2025.

Total cost estimate: $50,500-$74,000.

Item 1M - Page 54

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 10, 2024 CONSENT CALENDAR
SUBJECT: AUTHORIZE STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR

CONVENTION CENTER AND RELATED TOURISM FACILITIES

OPERATION AND MANAGEMENT SERVICES
FROM: Scott C. Stiles, City Manager
BY: Office of Economic Development
Procurement & Contracting Department
SUMMARY:

Changes to the convention center and tourism facility management markets suggest the City could maximize fiscal and management benefits by issuing an RFP for convention center operations and management services.

RECOMMENDATION:

Authorize Staff to issue a Request for Proposals (RFP) for operation and management services for the Palm Springs Convention Center and related tourism facilities.

BACKGROUND:

In 1992, LMI Corporation was chosen by the City to provide Convention Center management services, when the City converted operations to a private company.

In 2000, LMI was bought by the SMG Corporation (“SMG”) and continued operations through a series of negotiated agreements in 2003 and 2008 (which included Tourism management services).

On October 1, 2013, the City executed a management agreement with SMG.

On June 6, 2018, the City Council approved an Addendum to the agreement extending the term 6 months to December 31, 2018, to allow the City additional time to complete the RFP process.

On June 7, 2018, the City issued its RFP 10-18 for Contact Management Services of the Palm Springs Convention Center and Bureau of Tourism. The RFP was posted online, Item 1N - Page 1
advertised, and released directly to the four major national firms that specialize in convention center operations and management: AEG (“AEG”), SMG, Spectra Venue, and Venue Works.

On February 7, 2019, the City was notified of the proposed merger of AEG and SMG as ASM Global, a new standalone global facility management and venue services firm, which would operate more than 310 venues across five continents.

On April 18, 2019 at a special meeting held by the City Council, the Council discussed the advantages and disadvantages of proceeding with a new contract with either AEG or SMG now or deferring a decision until the AEG/SMG merger was completed.

On October 1, 2019, AEG and SMG became subsidiaries and operation divisions of ASM Global Parent, Inc.

On November 13, 2019, the Evaluation Committee submitted their formal recommendation of AEG.

On July 27, 2019, the City executed an agreement with AEG Management Palm Springs, LLC for tourism and management services with a term of 5 years from the effective date, defined as 60-days from the City’s date of execution, or September 27, 2019, and therefore expiring on September 27, 2024. The agreement includes the operation and management of the Palm Springs Convention Center and “East Lot” (277 N. Avenida Caballeros), Welwood Murray Memorial Library (100 S. Palm Canyon Dr.), and the Palm Springs Visitor Center (2901 N. Palm Canyon Drive). The agreement also includes management of the Palm Springs Bureau of Tourism.

On December 31, 2020, due to booking challenges due to the COVID epidemic, the City executed a one-year extension amendment with AEG which is now set to expire on September 29, 2025 (the variance from previous is due to execution dates).

STAFF ANALYSIS:

The current contract and recent amendment with AEG (now ASM Global) are attached for reference (Attachment A). In August of 2024 it was announced that ASM Global was acquired by Legends for $2.3 billion, which includes venue management contracts by AEG (press release included as Attachment B). Legends provides venue planning, project management, sales, sponsorship and hospitality services to sports, entertainment and attractions brands and venues.

A graphic is provided for purposes of enhancing clarity of the organizational transitions that have managed the convention center to date.

Item 1N - Page 2
Graphic 1.1
AEG’s contract expires on September 29, 2025. In addition to the acquisition of ASM Global Corporation by Legends, several other changes in the industry have occurred since the last contract was drafted in addition to the mergers and acquisitions detailed above.

Convention Sports and Leisure (“CSL”), a national convention center consultant, and subsidiary of Legends, drafted a Strategic Plan for the Palm Springs Convention Center, authored by CSL and delivered late 2023, reports that several changes to industry trends are relevant including:
• COVID impacts on convention/event activity – post-COVID fluctuations in bookings will likely dissipate which will lead to more typical economy-driven fluctuations in the convention and conference industry, rather than pandemicdriven fluctuations in business; • Convention facility trends – evolution due to generational shifts of attendees, everprogressing technology changes and demands from event planners for flexibility continue to demand evolving facility development, and as a result the management of those facilities; and,
• Convention center district trends – surrounding destination services and facilities impact event planner selection of facilities which will require strong strategic positioning of the aging convention center facilities while the City implements its convention center improvement plans over the next several years. (Convention Industry Futures Study, for Palm Springs, California, June 8, 2023).

Item 1N - Page 3
Given these and other changes, a review of the convention center management services market is necessary to ensure the City is contracted with a convention and tourism facility management team that yields maximal benefit of the City’s asset. Both financial oversight and facility management services may benefit from opening the contracting services to the broader market.

As a result of the pending expiration of the current contract, the City has an opportunity to negotiate modernized, market-driven terms with the industry’s service providers for the operation and management of the convention center and tourism facilities. This will allow the City to evaluate market conditions and service providers terms via an RFP.

Therefore, staff is recommending that the City Council authorize staff to issue a Request for Proposals (“RFP”) for operation and management services of the Palm Springs Convention Center and tourism facilities.

If Council supports issuance of an RFP, the next steps will include contracting a convention center consultant (under City Management authority) to assist staff with the development of the scope and terms of an updated management services agreement to ensure the City’s procurement reflects the state-of-the-art practices in the industry. Barring any unforeseen delays, staff anticipate posting an RFP to the broader market by December of 2024, with review, and final selection by City Council occurring approximately around early March of 2025.

ENVIRONMENTAL ASSESSMENT:

An RFP is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378. This action is an organizational or administrative activity by the City of Palm Springs in furtherance of its regulatory power and will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines.

ALIGNMENT WITH STRATEGIC PLANNING:

Sustainability, Community Infrastructure (2A), Improve City Facilities – Prioritize deferred maintenance.

Sustainability, Community Infrastructure (2B), 5-Year Capital Improvement Plan – Identify high-priority facilities.

Sustainability, Economic Development (1D) – Strategic planning for economic development.

Item 1N - Page 4
FISCAL IMPACT:

There is nominal identifiable fiscal impact beyond staff time and consulting costs to issue an RFP. Broader, potential fiscal impacts will be identified and detailed in future reports to Council based on responses from the broader convention center and tourism facility management market.

REVIEWED BY:

Economic Development Director: Wayne Olson
Procurement & Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Current Agreement.

B. Press Release.

Item 1N - Page 5

ATTACHMENT A
Item 1N - Page 6
ADDENDUM NO. 1

TO AGREEMENT FOR TOURISM AND MANAGEMENT SERVICES

BY AND BETWEEN
The City of Palm Springs,
A California charter city and municipal corporation
AND
AEG Management Palm Springs, LLC
This "Addendum No. 1" to that certain "AGREEMENT FOR TOURISM AND MANAGEMENT SERVICES BY AND BETWEEN the City of Palm Sprlngs, a callfornla charter city and municipal corporation and AEG Management ~aim Springs, LLC, a Delaware limited llabltity company/ (the aAgreement0 ), Is made, entered Into, and effective as of December 31, 2020, by and between the CITY OF PALM SPRINGS, a callfornfa charter city and municipal corporation ("City") and AEG Management Palm Springs, LLC, a Delaware limited Uabillty company ("AEG") and AEG's affiliate, SMG, a Pennsylvania general partnership ("SMG").

RECITALS
WHEREAS, City and AEG entered Into the Agreement, dated on or about July 27, 2019, pursuant to which AEG has provided Management Services and Tourism Services at Palm Springs Convention Center; and
WHEREAS, the City pursuant to an Agreement for Tourism and Management Services dated as of October 1, 2013 (the "Prior Management Agreement") had contracted with SMG for the provision of Management Services and Tourism Services during the period October 1, 2013 through July 26, 2019; and
WHEREAS, AEG's parent company, AEG Facilities, and SMG on or about October 1, 2019, both became subsidiaries and operating divisions of ASM Global Parent, Inc., and therefore AEG and SMG are now affiliates; and
WHEREAS, by to the Prior Management Agreement, SMG pursuant to Section 5 thereof contributed an Investment of $500,000, which amount was amortized over a period of ten years, with the unamortized portion thereof belng payable by the City to SMG In the event that the Prior Management Agreement ended prior to June 30, 2023.

WHEREAS, the Prior Management Agreement ended on July 26, 2019, leaving an unamortized balance of approximately $196,000 (the "SMG Investment Balance") consequently payable by City to SMG;
WHEREAS, subsequent to October 1, 2019, AEG and the City discussed disposition of the SMG Investment Balance, and It was agreed that AEG and Its afflliate SMG would contribute the SMG Investment Balance to the City In consideration of the City's agreement to extend the term of the Agreement for an additional year;
Item 1N - Page 7
NOW, THEREFORE, In consideration of the mutual covenants, conditions, and promises herein contained, the receipt and sufficiency of which Is expressly acknowledged and confessed, the parties hereby agree as follows:

1. Extension of Agreement. Based upon the true and correct recitals reflected above and incorporated by this reference herein as the basis for this Addendum No. 1, the first sentence of Section 3 of the Agreement is deleted and replaced with the following:

This Agreement shall commence upon the Effective Date and shall continue for six (6) contract years (each a "Contract Vear) expiring at 5:00 p.m. (PST) on the anniversary of the sixth (6th) Contract Vear, unless terminated prior to this date pursuant to the provisions of this Agreement, (hereafter the "Term").

2. SMG Investment Balance. The Parties agree that all amounts owed by the City to SMG pursuant to Section 5 of the Prior Management Agreement shall be converted to a contract rights payment In connection with the Agreement and In exchange for the extension of the Agreement as specified In the foregoing paragraph no. 1, and accordingly, the City does not owe any payment to SMG (or AEG) under Section 5 of the Prior Management Agreement.

3. Relationship between Agreement and Addendum No.1. Except as e>epressly provided herein, all terms and conditions of the Agreement shall remain in full force and effect by and between the parties. To the extent that there is any conflict or Inconsistency between the Agreement and this Addendum No. 1, the terms of this Addendum No. 1 shall prevail and supersede the Agreement.

Capitalized terms of art In the Agreement shall have the same meaning In this Addendum No. 2 unless otherwise specified and re-defined herein.

IN WITNESS WHEREOF, the Parties executed this Addendum No. 1 as of the day and year first above written.

APPROVED BY Cffi C0Uhw, ...
':J/1J1,/;?b;t/ 1t:1 e t-i:afJ4--+
CITY OF PALM SPRINGS ,..
.. y, ~ IYM~
APPROVED AS TO FORM _
8y:Q4'1~
Jeff Ballinger, City ~rney
Item 1N - Page 8

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
AEG Facilities, LLC
Address of Entity (Prlnclple Place of Business)
800 W. Olympic Blvd., Suite 305, Los Angeles, CA 90015
Local or California Address (if different than #2)
State where Entity le Registered with Secretary of State Delaware
If other than California is the Entity also rMistered in California? ntYes n No Type of Entity
0 Corporation DJ.limited Llablllty Company D Partnership O Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Nole: If any response Is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manag1Jr, trust or other entity Dan Beckerman
Robert Newman
Chuck Steedman
[].Officer O Director O Member O Manager
(name]
0 General Partner O limited Partner
• other
Dl Officer O Director O Member O Manager
[name]
0 General Partner D Limited Partner
• Other
rn Officer • Director • Member D Manager
(name)
D General Partner D Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 ends

Palm Springs City CouncilOctober 10, 2024

Palm Springs City Council
October 10, 2024