Taft City Council
November 15, 2022

Council Member Whiting agreed with Eveland’s comments and encouraged everyone to get out and vote.

Council Member Bryant stated that the biggest threat to democracy is apathy, reminding everyone that their vote matters.

Mayor Pro Tem Krier thanked Eveland for his service on the Council, talked about the cost of gas and oil and encouraged everyone to get out and vote.

Mayor Noerr stated that he agreed with all the statements made by the other Council Members and reminded everyone that this is the people’s government, educate yourselves and vote your conscious.

5. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that the Commission had a special meeting on October 17th in order to receive a culmination of about four years of work that went into the downtown plan and ordinance update that will be coming to Council at their next meeting.

6. DEPARTMENT REPORTS
There was none.

7. CITY MANAGER STATEMENTS
There was none.

8. CITY ATTORNEY STATEMENTS
There was none.

9. FUTURE AGENDA REQUESTS
There was none.
***************************************************************************************** CONSENT CALENDAR ITEMS 10-16
 Eveland abstained from Item 10
Motion: Moved by Krier, seconded by Bryant to approve consent calendar items 10-

16. AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
City of Taft Council/Successor Agency Meeting
Minutes
November 1, 2022

10. MINUTES
October 18, 2022 regular
Recommendation – Approve as submitted.

11. PAYMENT OF BILLS
Warrant # 10/24/22 Check No. 97022-97032 $ 11,846.74
Warrant # 10/28/22 Check No. 97033-97089 $ 311,258.42
Warrant # 10/28/22 Check No. 97089 $ 473.63
Recommendation – Approve payment of the bills.

12. TREASURER’S REPORTS
Recommendation – Motion to receive and file Treasurer’s Reports for the Months of July and August, 2022.

13. ACCEPT BID AND AWARD AGREEMENT IN THE AMOUNT OF $288,922 TO KEN W. SMITH CONSTRUCTION INC. FOR THE CDBG FUNDED NEEDS CENTER BUILDING RENOVATION

PROJECT
Recommendation – Motion to accept the bid in the amount of $288,922 from Ken W. Smith Construction, Inc., for the CDBG funded NEED’s Center Building Renovation Project, approve entering into an agreement for same and authorize the Mayor to execute said agreement.

14. APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) WITH SOROPTIMIST

INTERNATIONAL OF TAFT FOR THE SOROPTIMIST MEMORIAL ROSE GARDEN

LOCATED IN THE DOWNTOWN MINI-PARK

Recommendation – Motion to approve the Memorandum of Understanding (MOU) with the Soroptimist International of Taft for the Soroptimist Memorial Rose Garden located in the Downtown Mini-Park and authorize the Mayor to execute the MOU.

15. SETTLEMENT OF LEASE WITH QUADIENT/NEOPOST FOR MAIL MACHINE

Recommendation – Motion to approve the settlement agreement with Quadient/Neopost for termination of Lease N19111363 and authorize the Mayor to execute same.

16. AUTHORIZATION TO SIGN INDEMNITY AGREEMENT INDEMNIFYING COUNTY OF KERN REGARDING FY21 STATE HOMELAND SECURITY GRANT

Recommendation – Motion to authorize the Mayor to sign the indemnity agreement indemnifying County of Kern regarding receiving grant assistance for an Emergency Operations Plan update through the FY21 State Homeland Security Grant. ***************************************************************************************** At 6:40 PM the regular meeting was recessed to closed session.

City of Taft Council/Successor Agency Meeting
Minutes
November 1, 2022

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft  The City Council discussed in closed session those items agendized for closed session discussion and direction was given to staff and negotiators. No other reportable action was taken.

ADJOURNMENT - With no further business to conduct the meeting was adjourned at 6:56 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
2ND READING – ORDINANCE AMENDMENT NO. 2022-05, STREAMLINE PERMITTING OF

ELECTRIC VEHICLE CHARGING STATIONS
SUMMARY STATEMENT:

On October 8, 2015, and October 8, 2021, the Governor signed Assembly Bill Nos. 1236 (AB 1236) and 970 (AB 970), respectively, which requires local agencies to adopt an ordinance that creates an expedited and streamlined building permit issuance process for electric vehicle charging systems. The original provisions of AB 1236 had required large and small jurisdictions to adopt their local ordinance by September 30, 2016, and 2017, respectively.

The provisions of AB 970 specified the processing and approval timelines based on the number of charging stations proposed with a given permit application. AB 970 also required the permitting documentation and checklists to aid in the streamlined processing of permits.

Cities and counties with a population of less than 200,000 residents are required to adopt an ordinance codifying the two bills by January 1, 2023, publishing the permitting documentation and checklist, and transmitting copies of the ordinance to the Governor’s Office of Business and Economic Development (GO-Biz).

RECOMMENDED ACTION
Motion to approve and amend the City of Taft Municipal Code adopting an Ordinance entitled

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ORDINANCE AMENDMENT NO. 2022-05, AN AMENDMENT OF CHAPTER 1 OF TITLE 5 OF THE TAFT

MUNICIPAL CODE REGARDING STREAMLINE PERMITTING OF ELECTRIC VEHICLE

CHARGING STATIONS
IMPACT ON BUDGET (Y/N): N/A
ATTACHMENT (Y/N): Ordinance
Electric Vehicle Charging Station(s) Building Permit Application PREPARED BY: Mark Staples, Director, Planning & Development Services ORDINANCE NO. 848-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING ORDINANCE AMENDMENT NO. 2022-05, AN
AMENDMENT OF CHAPTER 1 OF TITLE 5 OF THE TAFT

MUNICIPAL CODE REGARDING STREAMLINE PERMITTING OF

ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, California Government Code Section 65800 provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities; and WHEREAS, the City of Taft is responsible for continually reviewing and updating the adopted Zoning Ordinance to address changing conditions within the City; and WHEREAS, the City of Taft seeks to protect the health, safety, and welfare of the community by establishing new regulations regarding application processing for electric vehicle charging stations; and
WHEREAS, the State of California adopted Assembly Bill 1236 in 2015 and Assembly Bill 970 in 2021, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, creation of an expedited and streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles; and WHEREAS, the Planning Commission reviewed and commented on a draft ordinance amendment adding Section 5-1-20 to Chapter 1 of Title 5 of the Taft Municipal Code at its regular meeting on July 6, 2022; and
WHEREAS, the Planning Commission studied and considered the written findings for approval of Ordinance Amendment No. 2022-05, City Staff’s written and oral reports, and all public testimony before making a decision on this request; and WHEREAS, the Planning Commission voted 4-0 to recommend approval of the proposed amendment to the City Council; and
WHEREAS, the City Council studied and considered the written findings for approval of Ordinance Amendment No. 2022-05, City Staff’s written and oral reports, and all public testimony before making a decision on this request; and
WHEREAS, the laws and regulations relating to the preparation and adoption of environmental documents, as set forth in the State Guidelines Implementing the California Environmental Quality Act have been adhered to; and
WHEREAS, the City Council has fully considered this request and the potential environmental effects.

Ordinance No. 848-22
November 15, 2022

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Taft finds and ordains as follows:

1. The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provision of the General Plan; and

2. The proposed amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and

3. The proposed amendment is consistent with the purpose and intent of the remainder of this Zoning Ordinance not under consideration; and

4. The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts; and

5. The proposed amendment is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines because the Code Amendment will have no significant effect on the environment.

SECTION 1. The City Council approves the addition of Section 5-1-20 to Chapter 1 of Title 5 of the Taft Municipal Code, as follows:
5-1-20: ELECTRIC VEHICLE CHARGING STATIONS:
(A) Purpose and Intent: The purpose of this section is to establish and implement an expedited and streamlined permit review process for electric vehicle charging stations; ensuring the public health and safety while avoiding potential adverse impacts from the installation of said charging stations. This section is also purposed to comply with California Government Code Section 65850.7. (B) Authority: The authority for the review and approval of permits for the installation of electric vehicle charging stations shall be vested with the building official, or their designee.
(C) Application: A building permit application for the installation of an electric vehicle charging station shall be filed with the building department in a manner prescribed by the building official. The provisions of this section shall apply to all new charging stations in the City. Electric vehicle charging systems legally established or permitted prior to the effective date of this section shall not be subject to the provisions of this section, unless physical modifications or alterations are proposed that would materially change the size, type, or components of the station that would require new permitting.

Ordinance No. 848-22
November 15, 2022

(D) Definitions:

ELECTRONIC SUBMITTAL: Means the utilization of one or more of either electronic mail, the internet, or facsimile submittal of a building permit application and supporting documentation.

ELECTRONIC VEHICLE CHARGING STATION or CHARGING STATION:

Means any level of electric vehicle supply equipment station that is designed and installed in compliance with Article 625 of the California Electric Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID A SPCIFIC ADVERSE IMPACT: Means the inclusion of, but not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for permit.

SPECIFIC ADVERSE IMPACT: Means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed for the date the application was deemed complete.
(E) Expedited Permitting Process: Consistent with Government Code Section 65850.7, the building official shall implement an expedited and streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website. (F) Permit Application Processing:

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants.

Verification by the applicant includes, but is not limited to, electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

2. A permit application that satisfies the information requirements in the City’s Ordinance No. 848-22
November 15, 2022

adopted checklist shall be deemed complete and be promptly processed.

Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue a permit. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the building official determines that the permit application is incomplete, a written correction notice shall be issued to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

3. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. The building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

4. An application to install an electric vehicle charging station shall be deemed complete after the applicable time period has elapsed:
a. Five (5) business days after submission of the application, if the application is for at least one (1), but not more than twenty-five (25) electric vehicle charging stations at a single site.
b. Ten (10) business days after submission of the application, if the application is for more than twenty-five (25) electric vehicle charging stations at a single site.
(G) Technical Review:

1. It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the City may require the applicant to apply for a use permit.

2. In the technical review of a charging station, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

Ordinance No. 848-22
November 15, 2022

3. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in subsection F.4 has elapsed and if:
a. If the building official has not administratively approved the application pursuant to Government Code section 65850.7(b); and
b. The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have an adverse effect upon the public health or safety, or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b); and
c. The building official has not denied the permit pursuant to Government Code section 65850.7(c); and
d. An appeal has not been filed to the planning commission pursuant to Government Code section 65850.7(d).
(H) Electric Vehicle Charging Station Installation Requirements

1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

Ordinance No. 848-22
November 15, 2022

SECTION 2. Recognizing that there is a potential conflict between federal and State law, it is the City Council’s intention that this Ordinance shall be deemed to comply with applicable State Law.

SECTION 3. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 4. This ordinance shall take effect thirty (30) days after the date of its adoption, and within fifteen (15) days after its adoption shall be published at least once in the Daily Midway Driller, a newspaper of general circulation, published and circulated in the City of Taft together with the names of members of the City Council voting for and against same.

PASSED AND ADOPTED on this 15th day of November, 2022.
_________________________
Dave Noerr, Mayor
Attest:
______________________________
Yvette Mayfield, MMC
City Clerk
Approved as to form:
______________________________
Jason Epperson, City Attorney
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Ordinance had its first reading on November 1, 2022, and had its second reading on November 15, 2022, and was passed by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCIL MEMBERS:
______________________________
Yvette Mayfield, MMC
City Clerk

ELECTRIC VEHICLE CHARGING STATION(S)

BUILDING PERMIT APPLICATION
City of Taft • 209 E. Kern Street • Taft, CA 93268 • (661) 763-3144 • fax (661) 765-2480 Must print legibly, submit (3) sets of building and plot plans. Fill out applicable information. If any section does not apply print N/A.

Date:

Building Address: APN:

Existing Site Location Use: Location of EVCS:
-
EVCS Charging Level: Number of EVCS: Mounting of EVCS Type:

Valuation: Electric Panel Upgrade: Y or N? Rating of Electric Panel:

Property Owner: Email: Phone:

Address: City, State, Zip:

Applicant: Email: Phone:

Address: City, State, Zip:

Contractor: Email: Phone:

Address: City, State, Zip:

State Lic. # Expiration Date: City Lic. #
Architect/Engineer/Designer: Email: Phone:

Address: City, State, Zip:

State Lic. # Expiration Date: City Lic. #
OFFICE USE ONLY Application Received:

Planning Department Review: 1stReview 2nd
Review 3rd Review [ ]Approved [[ ] Denied
Planning Reviewed By:

Building Department Review: 1stReview 2nd Review 3rd Review [ ] Approved [ ] Denied Building Reviewed By: Date:

Comments:

SUBMITTAL CHECK LIST

Please complete the front of this application and the checklist below for the permitting and installation of Electric Vehicle Charging Station(s) (EVCS). The checklist contains the technical aspects of installations and is intended to help expedite permitting and use of electric vehicle charging. Upon the application and checklist being deemed complete, a permit will be issued to the applicant. However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional information will be required before a permit can be issued.:

1. Existing Site Location Use of Electric Vehicle Charging Station(s) (EVCS):
☐ Single-Family Residential ☐ Multi-Family Residential (Apartment or Condominium) ☐ Commercial (Single-Business or Shopping Center) ☐ Mixed-Use ☐ Public Right-of-Way

2. Location and Number of EVCS to be installed:
☐ Garage ☐ Parking Lot ☐ Street Curb-side

3. EVCS Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V)

4. Maximum Rating of EV Service Equipment = kW

5. Voltage EVCS = V Manufacturer of EVCS:

6. Mounting of EVCS: ☐ Wall Mount ☐ Pole/Pedestal Mount ☐ Other

7. System Voltage: ☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other

8. Rating of Existing Main Electrical Service Equipment = Amps

9. Rating of Panel Supplying EVCS (if not directly from Main Service) = Amps

10. Rating of Circuit of EVSE: Amps / Poles

11. AIC Rating of EVCS Circuit Breaker = A.I.C.

12. Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:

Connected Load of Existing Panel Supplying EVCS = Amps
Calculated Load of Existing Panel Supplying EVCS = Amps Demand Load of Existing Panel Supplying EVCS = Amps

13. Total Load (Existing plus EVCS Load) = Amps
*For Single-Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California:

Community Readiness Guidebook” https://www.opr.ca.gov

14. EVCS Rating Amps x 1.25 = Amps = Minimum Ampacity of EVCS Conductor = # AWG

15. For Single-Family: Size of Existing Service Conductors = # AWG or kcmil - or - Size of Existing Feeder Conductor Supplying EVSC Panel = # AWG or kcmil (or veify with Inspector in the field)

16. Submit two (2) sets of identical plans, drawn to scale, which include the following:
a. A fully dimensioned site plan showing the location of all property lines along with existing and proposed primary structures, accessory structures, and parking area. b. A full set of electrical plans showing the location of the EVCS on a site plan and/or floor plan. Provide an electrical line drawing addressing the checklist items above.

I hereby acknowledge that the information presented is a rue and correct representation of existing conditions at the job site and that any causes for concern as to life safety verifications may require further substantiation of information.

Signature of Permit Applicant: Date:

Electronic signatures will be accepted
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS

AGENDA MATTER:

APPROVAL OF STREET CLOSURES FOR THE CHRISTMAS PARADE ON DECEMBER 5, 2022 SUMMARY STATEMENT:

The City has received a request from the Taft District Chamber of Commerce for street closures for the 2022 Christmas Parade to be held on Monday, December 5, 2022.

The following streets have been designated for closure from 4:30 p.m. until 9:00 p.m. • Main Street from 2nd to 8th Street
• Center Street from 2nd Street to 8th Street
• 8th Street from Center Street to Main Street
California Vehicle Code Section 21101 authorizes local agencies by resolution to close streets for special events.

RECOMMENDED ACTION
Motion to adopt a resolution entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2022 CHRISTMAS PARADE.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes – Resolution and Letter to City Council PREPARED BY: Public Works
RESOLUTION 4169-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE STREET CLOSURES FOR THE 2022 CHRISTMAS
PARADE
WHEREAS, the Taft District Chamber of Commerce has requested street closures for the Christmas Parade scheduled from 4:30 p.m. to 9:00 p.m. December 5, 2022; and WHEREAS, Section 21101 (e) of the California Vehicle Code requires a resolution by Council to temporarily close streets for special events.

NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the following street closures from 4:30 p.m. until 9:00 p.m. on December 5, 2022:
 Main Street from 2nd to 8th Street
 Center Street from 2nd Street to 8th Street
 8th Street from Center Street to Main Street
PASSED, APPROVED, AND ADOPTED this 15th day of November, 2022

Dave Noerr, Mayor
ATTEST:

Yvette Mayfield, MMC
City Clerk

STATE OF CALIFORNIA )

COUNTY OF KERN ) SS

CITY OF TAFT )
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 15th day of November, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Yvette Mayfield, MMC
City Clerk

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: November 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BID AND AWARD THE 10TH ST.

REHABILITATION FROM A ST. TO XWALK AT BIKE/PED PATH PROJECT SUMMARY STATEMENT:

Through the Kern COG, the City of Taft was allotted $392,340 under the Regional Surface Transportation (RSTP) program funding. $320,408 Federal Match and $71,932 Local Match. These RSTP funds are being used for the road rehabilitation of 10th St. from A St. to south side of crosswalk at the bike/ped (Rails to Trails) path. See attached site map.

The City published a Notice to Contractors, for Constructions bids on July 19, 2022, and on October 13, 2022 at 2:00 PM. the City Clerk opened sealed bids. A total of five (5) bids were received. The following is the tabulation of the bids received:

Company Total Bid
Bowman Asphalt, Inc $266,799.00 Non-Responsive
Burtch Construction $281,144.00
Granite Construction $298,947.00
Griffith Company $299,992.00
R.C. Becker & Son, Inc. $301,475.88
Attached is the Bid Summary.

The City's Disadvantaged Business Enterprise (DBE) goal for this project is 20%. Contractors need to achieve the DBE goal or demonstrate good faith efforts (GFE) toward achieving the goal in order to be eligible for contract award. The City has determined that the bid from the low bidder Bowman Asphalt, Inc. is non-responsive and was therefore rejected. The reason for the rejection is that the bidder did not meet the DBE goal of 20% and did not demonstrate good faith efforts to meet the DBE participation goal for this project.

The office of the City Engineer has reviewed and qualified the 2nd lowest responsive and responsible bidder, Burtch Construction. Burtch Construction, is a Certified DBE contractor with ID # 42672 and therefore achieved a DBE goal commitment of 47.47% as shown on the submitted DBE documentation.

Council Agenda Report
November 15, 2022

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER

RECOMMENDED ACTION
Motion to accept the lowest responsive and responsible bid, award the project, and to approve a construction agreement with Burtch Construction for the 10th St. Rehabilitation from A St. to south side of crosswalk at bike/ped path Project – STPL 5193 (043), and to authorize the Mayor to execute said agreement.

IMPACT ON BUDGET (Y/N): Yes
ATTACHMENT (Y/N): Yes – (Agreement, Bid Summary and Site Map)

PREPARED BY: Craig Jones – City Manager
Costs: Construction Subtotal: $ 281,144.00
10% Contingency: $ 28,114.00
Total Construction Cost: $ 309,258.00
Funding: Federal Funds - (RSTP): $ 320,408.00
Local Funds – (General Fund): $ 71,932.00
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 1 of 39

AGREEMENT

CITY OF TAFT
THIS Agreement, made and entered into this _15th_ day of _November_, 2022, by and between the City of Taft, hereinafter called “City”, and Burtch Construction hereinafter called “Contractor”.

WITNESSETH: That the parties hereto do mutually agree as follows:

ARTICLE I. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the CITY OF Taft, the work described in the special provisions and the project plans described below, including any addenda thereto, and also in conformance with the 2018 State Of 8California Department Of Transportation Standard Plans And Standard Specifications. The 2018 State Of California Department Of Transportation Revised Standard Plans And Revised Standard Specifications.

The 2014 California Manual On Uniform Traffic Control Devices (CA MUTCD), and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. Hot Mix Asphalt shall conform to the provisions in Section 39, "Hot Mix Asphalt," of the 2010 Standard Specifications and these special provisions.

The Special Provisions and Project Plans for the work to be done are entitled:

CITY OF TAFT

DEPARTMENT OF PUBLIC WORKS
10TH ST. REHABILITATION
A ST. TO SOUTH SIDE OF CROSSWALK AT BIKE/PED PATH
RSTPL – 5193 (043)
Contractor shall, in accordance with the SPECIFICATIONS and drawings therefore, furnish at its own expense all labor, materials, equipment and services as required therefore, and to do everything required in this Agreement and the SPECIFICATIONS.

ARTICLE II. The City hereby employs said Contractor to perform the work according to the terms of this Agreement and the SPECIFICATIONS for price(s) named in Contractor’s BID (hereinafter “Proposal”), and agrees to pay the same at the time, in the manner, and upon the conditions set forth in the SPECIFICATIONS; and the parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III. The Federal minimum wage rates as predetermined by the United States Secretary of Labor are hereby made a part of this contract. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this Agreement and the Proposal of said Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.

ARTICLE IV. The Contractor agrees to receive and accept the prices as bid in the Bidding Schedule as full and complete compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF TAFT, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 2 of 39 suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit.

ARTICLE V. Contractor acknowledges that federal funds are being utilized to assist in the funding of the construction required in this Agreement and agrees that any required terms, conditions or covenants related to said federal funding not specifically made a part of this Agreement are hereby incorporated by this reference and shall be made a part of this Agreement. Additionally, attached Form FHWA 1273, Title VI Assurances and The Cargo Preference Act (CPA) are made part of this Federal-aid construction contract.

ARTICLE VI. Prior to starting construction under the terms of this Agreement, Contractor shall provide to the City a Faithful Performance Bond and the Labor Materials Bond, as required in the SPECIFICATIONS.

ARTICLE VII. Contractor and any subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement or the work to be provided for hereunder. All parties shall make such materials available at their respective offices as required in the SPECIFICATIONS.

ARTICLE VIII. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

ARTICLE IX. In addition to any other Indemnification requirements in the SPECIFICATIONS, the Contractor agrees to indemnify, defend and save harmless the City, its officers, agents, employees and consultants from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this Agreement, except such loss which was caused by the sole negligence or willful misconduct of the City.

ARTICLE X. In addition to any other insurance provisions required in the SPECIFICATIONS, Contractor shall provide insurance to the City as set forth in Exhibits [1, 1-A, 2, 3, 4, 6, 11].

ARTICLE XI. The Contractor, and the agents and employees of Contractor, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of the City.

ARTICLE XII. The City may terminate this Agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained or contained in the SPECIFICATIONS at the time and in the manner as required. In the event of such termination, the City may proceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid to the Contractor upon demand.

ARTICLE XIII. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.

ARTICLE XIV. Time is of the essence in this Agreement.

ARTICLE XV. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto; and no oral understanding or Agreement not incorporated herein shall be binding on any of the parties hereto.

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 3 of 39 ARTICLE XVI. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

ARTICLE XVII. And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF TAFT, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer, said City will pay and said Contractor shall receive the total sum of _$281,144.00_ in full compensation; per price(s) named in Contractor’s Bid.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

ATTEST: CITY OF TAFT, CALIFORNIA
BY
Yvette Mayfield Dave Noerr
City Clerk, City of Taft Mayor, City of Taft
APPROVED AS TO FORM: CONTRACTOR – Burtch Construction
BY

City Attorney
(Title)

Licensed in accordance with an act providing for the
registration of contractors,
License No. _____________________
Federal Employer Identification
Number ________________________
Attachments: FHWA-1273
Title VI Assurances
The Cargo Preference Act (CPA)
Federal Minimum Wage Rates
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 4 of 39 FHWA-1273 -- Revised July 5, 2022

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.

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 5 of 39

1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by 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, preapprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 6 of 39 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

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:

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 7 of 39 (1) The number and work hours of minority and nonminority 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 nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

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

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the
construction industry; and
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 8 of 39 (iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S.

Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the 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.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or

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

The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the DavisBacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 9 of 39 subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR

5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347
shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).

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

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

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

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

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

Department of Labor, Employment and Training Administration.

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

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 10 of 39 corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federalaid 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 journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon 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 (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
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 watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 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. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth 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. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990).

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 11 of 39

3. Withholding for unpaid wages and liquidated damages.

The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding 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 Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 12 of 39 with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway
project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of
construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT (42
U.S.C. 7606; 2 CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326.

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 200.326.

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 Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 13 of 39 who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *

2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (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
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 14 of 39 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.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) 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;
(b) 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
(c) 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)

2. 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 Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 15 of 39 subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

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

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

When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-oflading) and to the Office of Cargo and Commercial Sealift (MAR620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 16 of 39

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 onsite work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

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

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State 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.

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 17 of 39 Title VI Assurances
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.

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 Subagreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information
e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions 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 B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 18 of 39 Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S.

Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY,

OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,

FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 19 of 39 deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Nondiscrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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 non-discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes 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).

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 20 of 39

USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The Cargo Preference Act (CPA) requires that “… at least 50 percent of any equipment, materials, or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S.

Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.” Use of United States –flag vessels:

The contractor agrees –
(1) To utilize privately owned United State-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 Unites States-flag commercial vessels.
(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 (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

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

Maintain records and submit reports documenting your performance under this section Prohibition Of Certain Telecommunications And Video Surveillance Equipment And Services In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.

In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 21 of 39

FEDERAL MINIMUM WAGE RATES
Note: If there is a difference between the minimum wage rates predetermined by the U.S.

Department of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate.

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 22 of 39 "General Decision Number: CA20220020 10/07/2022
Superseded General Decision Number: CA20210020
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Inyo, Kern and Mono Counties in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS.

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

If the contract is entered into on or after
January 30, 2022, or the contract is
renewed or extended (e.g., an option is
exercised) on or |after January 30, 2022:

Executive Order 14026 generally applies to the
contract. The contractor must pay all covered
workers at least $15.00 per hour (or the
applicable wage rate listed on this wage
determination, if it is higher) for all hours spent
performing on the contract in 2022.

If the contract was awarded on or
between January 1, 2015 and January
29, 2022, and the contract is not
renewed or extended on or after January
30, 2022:

Executive Order 13658 generally applies to
the contract. The contractor must pay all
covered workers at least $11.25 per hour (or
the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent
performing on that contract in 2022.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

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

Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/21/2022
3 02/11/2022
4 02/18/2022
5 02/25/2022
6 04/01/2022
7 04/08/2022
8 04/29/2022
9 08/05/2022
10 08/12/2022
11 08/19/2022
12 09/02/2022
13 09/23/2022
14 09/30/2022
15 10/07/2022
* ASBE0005-001 07/04/2022

INYO AND KERN
Rates Fringes
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 23 of 39 floors, ceilings and curtain
walls)...........................$ 32.09 19.66
Insulator/asbestos worker
(Includes the application of
all insulating materials,
protective coverings,
coatings & finishes to all
types of mechanical systems).....$ 49.58 25.27
---------------------------------------------------------------- * ASBE0005-005 07/04/2022

INYO AND KERN
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
---------------------------------------------------------------- ASBE0016-003 01/01/2021
MONO
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 46.81 33.50
---------------------------------------------------------------- BOIL0092-005 01/01/2021

INYO AND KERN
Rates Fringes
BOILERMAKER......................$ 46.03 38.81
---------------------------------------------------------------- BOIL0549-003 01/01/2021

MONO COUNTY
Rates Fringes
BOILERMAKER......................$ 45.60 38.99
---------------------------------------------------------------- * BRCA0004-005 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.52 18.47
*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 ($3.00) above the standard San Bernardino/Riverside County hourly wage rate
---------------------------------------------------------------- BRCA0018-010 09/01/2021
Rates Fringes
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 24 of 39 TERRAZZO FINISHER................$ 35.43 14.10
TERRAZZO WORKER/SETTER...........$ 43.61 14.63
---------------------------------------------------------------- BRCA0018-011 06/01/2021
Rates Fringes
TILE LAYER.......................$ 43.09 18.31
---------------------------------------------------------------- BRCA0018-012 06/01/2019
KERN
Rates Fringes
MARBLE FINISHER..................$ 33.43 14.11
TILE FINISHER....................$ 28.23 12.65
---------------------------------------------------------------- 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
---------------------------------------------------------------- CARP0661-001 07/01/2021
Rates Fringes

CARPENTER
(01) Carpenter, cabinet
installer, insulation
installer, floor worker
and acoustical installer....$ 51.03 16.28
(02) Millwright............$ 52.10 16.48
(03) Piledrivermen;
Derrick barge; Bridge or
Dock Carpenter; Heavy
framer; Rockslinger; Rock
Bargeman; Scowman...........$ 51.73 16.28
(04) Shingler (Commercial).$ 51.17 16.28
(05) Table Power Saw
Operator....................$ 52.13 16.28
(06) Pneumatic Nailer or
Power Stapler...............$ 51.29 16.28
(07) Roof Loader of
Shingles (Commercial).......$ 38.92 16.28
(08) Saw Filer.............$ 51.03 16.28
(09) Scaffold Builder......$ 42.80 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): $0.13 per hour additional. ---------------------------------------------------------------- CARP0721-001 07/01/2021
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 25 of 39 Rates Fringes
Modular Furniture Installer......$ 21.85 7.15
---------------------------------------------------------------- ELEC0428-001 01/01/2022
Rates Fringes

CABLE SPLICER
China Lake Naval Weapons
Center, Edwards AFB.........$ 59.48 3%+19.69
Remainder of Kern County....$ 52.42 3%+19.69

ELECTRICIAN
China Lake Naval Weapons
Center, Edwards AFB.........$ 54.71 3%+19.69
Remainder of Kern County....$ 47.65 3%+19.69
---------------------------------------------------------------- ELEC0428-003 12/27/2021

COMMUNICATIONS AND SYSTEMS WORK

KERN COUNTY
Rates Fringes
Communications System
Installer
China Lake Naval Weapons
Center.....................$ 46.95 3%+19.14
Edwards AFB................$ 43.44 3%+19.14
KERN COUNTY................$ 37.31 3%+19.14
SCOPE OF WORK:

Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multimedia, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems.

Fire alarm work shall be performed at the current inside wireman total cost package. ---------------------------------------------------------------- ELEC0477-001 06/01/2021

INYO AND MONO
Rates Fringes
ELECTRICIAN......................$ 45.75 3%+25.33
CABLE SPLICER: $1.50 above Electrician.

TUNNEL WORK: 10% above Electrician.
---------------------------------------------------------------- ELEC1245-001 06/01/2022
Rates Fringes

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 26 of 39 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 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment (All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment (Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 27 of 39 PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

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

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

GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; 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 D5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (selfpropelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 28 of 39 GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.

GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired selfloading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earthmoving 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) Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 29 of 39 GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)

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

TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); 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
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 30 of 39 $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 which is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County.

Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County.

Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.

$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:

That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 31 of 39 (3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
---------------------------------------------------------------- IRON0433-006 07/01/2020
Rates Fringes

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

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S.

Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:

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

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0220-002 07/01/2022

KERN COUNTY
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, asphaltrubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 32 of 39 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 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 ---------------------------------------------------------------- * LABO0220-005 07/01/2022

KERN COUNTY
Rates Fringes
Brick Tender.....................$ 37.32 21.45
---------------------------------------------------------------- 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
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 33 of 39

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
---------------------------------------------------------------- LABO0783-001 07/01/2022

INYO AND MONO COUNTIES
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, asphaltrubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder 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 Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 34 of 39 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 person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- * LABO0783-004 07/01/2022

INYO AND MONO COUNTIES
Rates Fringes
Brick Tender.....................$ 37.32 21.45
---------------------------------------------------------------- LABO1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32

LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 35 of 39 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 ---------------------------------------------------------------- PAIN0036-009 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 42.15 23.52
---------------------------------------------------------------- PAIN0036-021 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Journeyman Painter......$ 28.68 17.10
(2) Repaint.................$ 26.40 17.02
(4) All other work..........$ 28.68 17.10
(5) Industrial..............$ 35.52 17.64
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. HIGH IRON & STEEL:

Aerial towers, towers, radio towers, smoke stacks, flag poles (any flag poles that can be finished from the ground with a ladder excluded), elevated water towers, steeples and domes in their entirety and any other extremely high and hazardous work, cooning steel, bos'n chair, or other similar devices, painting in other high hazardous work shall be classified as high iron & steel ---------------------------------------------------------------- PAIN0169-002 06/01/2020
Rates Fringes
GLAZIER..........................$ 40.00 26.76
---------------------------------------------------------------- PAIN1247-001 01/01/2021
Rates Fringes
SOFT FLOOR LAYER.................$ 38.75 14.03
---------------------------------------------------------------- PLAS0200-007 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64
U.S. MARINE CORPS-PICKLE MEADOW & MOUNTAIN WARFARE TRAINING CENTER:
$3.00 additinal per hour.
---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91
---------------------------------------------------------------- PLUM0345-001 09/01/2022
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 36 of 39 Sewer & Storm Drain Work....$ 42.29 23.03
---------------------------------------------------------------- PLUM0460-002 09/01/2022
Rates Fringes
PLUMBER (Plumber, Pipefitter,
Steamfitter, Refrigeration)......$ 53.70 25.36
China Lake, Marine Warfare
Training Center.............$ 65.68 26.26
Edwards Air Force Base......$ 62.18 26.26
FOOTNOTE: Work from a swinging scaffold, swinging basket, spider or from a bosun chair: 10% above the regular rate of pay for that day.
---------------------------------------------------------------- ROOF0027-001 01/01/2022
Rates Fringes
ROOFER...........................$ 38.81 14.81
FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. ---------------------------------------------------------------- SFCA0669-007 04/01/2022
Rates Fringes
SPRINKLER FITTER.................$ 43.25 26.77
---------------------------------------------------------------- SHEE0105-003 01/01/2022
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 48.28 29.46
---------------------------------------------------------------- SHEE0105-004 01/01/2022
KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES
Rates Fringes
SHEET METAL WORKER...............$ 39.08 28.84
---------------------------------------------------------------- TEAM0011-002 07/01/2020
Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 37 of 39 GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:

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

TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any olicitation 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 healthrelated 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/governmentcontracts.

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

Union Rate Identifiers
Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 38 of 39 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

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

Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification.

As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example:

SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based.

The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

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

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

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

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

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

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Agreement: 10th St Rehab. – RSTPL – 5193 (043) Page 39 of 39 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"

RSTPL 5193–(043)– 10TH Street Rehabilitation – Project Limits: A St. to Rails to Trails Crosswalk REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS

AGENDA MATTER:

FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF JULY 2022 TO SEPTEMBER 2022
SUMMARY STATEMENT:

The City of Taft and the Taft Chamber of Commerce (“Chamber”) entered into an agreement on September 16, 2008 where the City Council recognized the best interest of the City to financially support the Chamber. The City Council agreed to fund the Chamber in the amount of 25% of the actual Transient Occupancy Tax (“TOT”) received and paid quarterly to the Chamber.

The total amount of TOT received by the October 31, 2022 deadline for the quarter of July 2022 through September 2022 were $48,531.53 and the amount to be allocated to the Chamber will be $12,132.88.

RECOMMENDED ACTION
Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of July 2022 through September 2022.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: Teresa Binkley, Finance Director
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: November 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS

AGENDA MATTER:

APPROVAL OF MEMORADUM OF AGREEMENTS AND EMPLOYEE COMPENSATION PLANS

SUMMARY STATEMENT:

In 2022, all City of Taft Employee Agreements were extended by one (1) additional year with no changes to salary or benefits. The City of Taft has met and conferred in good faith with each of the Bargaining Units representing City Employees. It is recommended to approve the Memorandum of Agreements between the City of Taft and the following Employee Associations and Groups:

Taft Police Officers Association
Taft Police Management Group
Management/Supervisory/Confidential Compensation Plan
Department Heads Benefits Compensation Plan
This action extends each agreement by one (1) additional year (through June 30, 2024) and provides for a one-time lump sum payment on a graduated scale based on years of service completed as of December 1, 2022.

RECOMMENDED ACTION
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING THE MEMORANDUM OF AGREEMENTS AND EMPLOYEE COMPENSATION PLANS FOR THE

TAFT POLICE OFFICERS ASSOCIATION, THE TAFT POLICE MANAGEMENT GROUP, THE

MANAGEMENT/SUPERVISORY/CONFIDENTIAL COMPENSATION PLAN AND THE DEPARTMENT HEAD BENEFITS COMPENSATION PLAN.

IMPACT ON BUDGET (Y/N): Yes – One-time costs of approximately $172,000. This action does not result in additional costs over time.

ATTACHMENT (Y/N): Resolution and Agreements
PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager RESOLUTION NO. 4170-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING THE MEMORANDUM OF AGREEMENTS AND EMPLOYEE

COMPENSATION PLANS FOR THE TAFT POLICE OFFICERS

ASSOCIATION, THE TAFT POLICE MANAGEMENT GROUP, THE

MANAGEMENT/SUPERVISORY/CONFIDENTIAL COMPENSATION PLAN

AND THE DEPARTMENT HEAD BENEFITS COMPENSATION PLAN
WHEREAS, pursuant to Section 1-10-5, Taft Municipal Code, the City Council may adopt rules and regulations for the administration of the personnel system, including establishing position classifications and range changes; and
WHEREAS, the City Council wishes to amend the Position Classification Plan and establish corresponding compensation rules pursuant thereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the following is approved:
• Memorandum of Agreement between the City of Taft and the Taft Police Officers Association (TPOA)
• Memorandum of Agreement between the City of Taft and the Taft Police Management Group
• Management/Supervisory/Confidential Compensation Plan • Department Heads Benefits Compensation Plan
PASSED, APPROVED AND ADOPTED this 15th day of November, 2022. _________________________
Dave Noerr, Mayor
Attest:
____________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 15th day of November, 2022:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________
Yvette Mayfield, MMC
City Clerk
1 MEMORANDUM OF AGREEMENT

CITY OF TAFT
AND

TAFT POLICE OFFICERS ASSOCIATION
2021-2022
Article 1 - Introduction
This Agreement, made and entered into at Taft, California by and between the City of Taft (hereinafter City) and the Taft Police Officers Association/PORAC (TPOA) (hereinafter Union), is intended to define wages, hours and working conditions of those employees of the City of Taft represented by the Union in accordance with provisions of the Meyers-Milias-Brown Act of the State of California and the Personnel Policies and Procedures of the City of Taft.

Article 2 - City Council Ratification
It is agreed that this Agreement is of no force or effect until ratified and approved by resolution duly adopted by the City Council of the City of Taft.

Article 3 - Membership Ratification
It is agreed that this Agreement is of no force or effect until ratified and approved by the Union and such ratification is certified and submitted to the City Clerk of the City of Taft.

Article 4 - Recognition
The City of Taft does hereby recognize the Union as the authorized representative of those employees of the City of Taft designated herein by the Municipal Employee Relations Officer of the City of Taft.

Said Unit shall consist of all permanent and probationary employees in the following positions:

Classifications - Sworn
Police Officer
Police Sergeant
Classifications – Non-sworn
Dispatcher Matron I
Dispatcher Matron II
Terms of this Agreement shall not be applicable to temporary employees of the City of Taft.

Article 5 - Scope of Representation
The Union’s scope of representation shall include all matters pertaining to wages, hours and other terms and conditions of employment.

Article 6 - Management Rights
In accordance with existing policies and procedures and applicable resolutions and codes of the City of Taft and except as otherwise specifically provided in this Agreement or in subsequent ones, the City of Taft has and retains the sole and exclusive rights and functions of management of the City. 2 Article 7 - Union Membership
Current employees in the City of Taft ("City") who are Taft Police Officers Association ("TPOA") members shall remain TPOA members for the period of this Memorandum of Understanding (MOU) as long as they remain in positions within the bargaining unit ("unit").

The City agrees to deduct the regular monthly Union dues and initiation fees uniformly required as a condition of membership in the Union on a bi-weekly basis from the wages of each employee covered by this MOU who has completed thirty (30) days of employment and has provided the City with a voluntary individual written authorization to make such deductions on a form provided by the Union. Such deductions, as referenced above, shall include political contributions, if a separate political dues deduction authorization form has been executed and submitted by the employee. Such deductions, when authorized, shall be made from the net wages due an employee each pay period and shall be transmitted to the Union’s office no later than the twelfth (12th) day of the month following the month in which such deductions were made. Dues withheld by the City shall be transmitted to the TPOA Officer designated in writing by TPOA as the person authorized to receive such funds at the address specified.

TPOA shall be fully responsible for expending funds received under this Amendment, consistent with all legal requirements for expenditures of employee dues which are applicable to public sector labor organizations.

TPOA agrees that it will defend, indemnify and hold the City harmless against all forms of liability that may arise out of or by reasons of action taken by the City, which action was requested by TPOA under the provisions of this MOU, or arising out of the City's compliance herewith.

Article 8 –Union Rights
The Chief Steward of the bargaining unit shall be entitled to devote a reasonable number of working hours to Union business without loss of pay. The Union will notify the City in writing of the name of the Chief Steward.

For the purposes of this Article, however, a reasonable amount of time shall not exceed four (4) hours during any seven consecutive day work cycle provided, however, that the four (4) hour time limit shall not apply to hours spent negotiating an MOU and/or reopeners during interim years of the agreement.

Except as provided above employees shall not conduct union business during working time, unless expressly authorized by the Chief or his/her designee.

The City agrees to schedule the Shop Steward off without pay to attend an annual educational meeting. The Shop Steward may use ATO or vacation time for the designated day.

Article 9 - Seniority
Refer to Personnel Policies and Procedures Manual, Section 116.

Article 10 - Hours of Work
Employees in the bargaining unit shall be required to work eighty hours during each fourteen consecutive day work period. The work period shall start at 12.01 a.m. every other Sunday and shall continue for 336 consecutive hours thereafter.
3 The City of Taft retains the right to schedule overtime hours at its discretion and agrees to compensate employees for overtime hours worked in accordance with provisions of this Agreement.

In lieu of cash payment, upon request of the employee and approval of the appointing authority, an employee may accrue compensating time off at time and one-half. Cash payment at one and onehalf times employee's base hourly salary shall automatically be paid for any compensating time which exceeds 80 hours, or for any hours on record immediately prior to promotion, demotion or termination of employment.

Article 11 - Rest Periods
Each employee shall be granted a rest period of fifteen minutes once during each four-hour period.

Rest periods shall be scheduled at the discretion of the employee's immediate supervisor in accordance with departmental workload and shall be taken in an area approved by the City of Taft.

Officers may be assigned calls during the rest period should the need arise.

Article 12 - Meal Periods
Each employee shall be granted a 30-minute meal period during each shift. Each meal period shall be scheduled by the employee's immediate supervisor.

Employees enjoy a paid meal period and are therefore subject to call during the meal period.

Article 13 - Employee Discipline (Replaces Previous Article 13 and 14) The City of Taft practices progressive discipline and may initiate appropriate corrective action for cause. Corrective action may consist of warnings, reprimands, disciplinary suspension or discharge and shall be applied only after full consideration of the progressive disciplinary policy and the seriousness of the offense.

An employee may have a representative present at all steps of the disciplinary process.

RIGHT TO APPEAL: Except where otherwise prohibited, suspension, reduction in step within a range, demotion without consent and dismissal administered under this policy shall be subject to appeal in accordance with the City of Taft grievance procedure.

A. OBJECTIVES
To provide, if necessary, an orderly procedure to handle the disciplinary appeal process through each level of Supervision;
To provide the employee an opportunity to present mitigating information relating to the circumstances surrounding the disciplinary action;
To promote harmonious relations among employees and their supervisors; To assure fair and equitable treatment of all employees; B. DEFINITIONS The following terms, as used in the Article, shall have the following meaning:

1. Discipline: A suspension, reduction in step within a range, demotion without consent or dismissal.
4 2. Day: Calendar day, exclusive of Saturday, Sunday and City holidays.

3. Employee: Any non-probationary employee of the City of Taft.

4. Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee.

5. Superior: The person to whom an immediate supervisor reports.

6. Representative: A person who appears on behalf of the employee.

7. Department Head/Appointing Authority: The officer or employee having charge of the administration of a department of the City of Taft.

C. TIME LIMITS
Time limits are established to resolve the disciplinary appeal process quickly. Time limits may be extended by agreement of the parties. If the employee is not satisfied with the decision rendered, it shall be the employee’s responsibility to initiate the action which submits the appeal process to the next level of review within the time limits specified. Failure of the employee to submit the appeal request within the time limits imposed shall terminate the right to appeal, and the matter shall be considered resolved. Failure of the City to respond within the time limits specified will allow the employee to appeal to the next higher step of the appeal procedure.

D. THE PARTIES RIGHTS AND RESTRICTIONS

1. An employee may have a representative present at all steps of the disciplinary and/or appeal process.

2. Reasonable time in processing an appeal will be allowed during regular working hours.

3. Only a person selected by the employee from within a recognized employee organization (union steward or union representative), and made known to management prior to a disciplinary meeting, shall have the right to represent or advocate as an employee's representative.

4. Nothing within this disciplinary and/or appeal procedure shall be construed as limiting the right of management to manage the affairs of the City.

E. PROCEDURES FOR APPEAL OF A PROPOSED DISCIPLINARY ACTION Step 1. A written request for appeal and any supporting/mitigating documents shall be delivered to the department head no later than five (5) days from receipt of the supervisor's proposal.The appeal procedure shall be initiated by the employee, to include any supporting/mitigating documents attached to the request.

The Department Head shall hold a formal meeting with the employee and the employee’s representative (if requested by the employee) within five (5) days of the receipt of the disciplinary appeal request to review the facts, gather all supporting/mitigating documents, discuss the proposed discipline and desired solution, and discuss the proper appeal procedure.
5 The department head will issue a written decision on the disciplinary appeal within five (5) days of the close of the formal meeting.

Step 2. If the employee is not satisfied with the decision of the department head, he/she may appeal the decision to the City Manager within five (5) days from receipt of the department head's decision.

The City Manager will review the proposed discipline and appeal request, all supporting documents, the department head's response, and the remedy requested, and issue a written decision within fifteen (15) days of receipt of the grievance.

If the employee is not satisfied with the decision of the City Manager, the employee may submit the appeal to arbitration by written request to the City Manager within five (5) days.

Within five (5) days of receipt of the employee’s request, the City Manager shall set a date for a meeting to:
1) Attempt to settle the appeal.
2) Agree to any stipulations.
3) Agree upon the issue statement.
4) Select an impartial arbitrator.

F. SELECTION OF THE ARBITRATOR
If the parties fail to agree on an arbitrator, a list of five (5) neutrals will be jointly requested from the Federal Mediation Service, the State Mediation and Conciliation Service, or the American Arbitrator's Association. The agency will be mutually selected.

The parties shall select a neutral by alternatively striking a name from the list with the remaining name being the selected neutral. Should both parties agree that the first list submitted is unsatisfactory, the parties may request a second list.

The arbitration procedure will be informal and private. The arbitration procedure shall not be bound by any of the rules of evidence governing trial procedure in State courts. The arbitrator will not have the power to add to, subtract from, or otherwise modify the provisions of any MOU, Rules, Regulations, or Ordinances of the City of Taft.

The arbitrator will confine himself or herself to the issue submitted.

The arbitrator's decision will be advisory to the City Council. The Arbitrator's decision shall be final if not overturned within thirty (30) days by the City Council.

The cost of the arbitrator shall be borne equally between the City and the employee or Union.

Any costs associated with witness fees, transcriptions, or special counsel shall be borne by the requesting party.

The arbitrator shall be requested to submit his or her decision within thirty (30) days from the close of the hearing.
6 It is understood that the Appeal and Arbitration Procedure as outlined above will be incorporated in the City of Taft Personnel Rules and Regulations, and supersedes the existing language in the Rules and Regulations.

Article 14 - Holidays
Full-time employees of the City of Taft shall be entitled to receive all paid holidays observed by the City during the calendar year.

Part-time employees shall receive pro-rata pay for any holiday observed by the City.

Holidays observed by the City shall include:

New Year's Day January 1
Lincoln's Birthday February 12
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year's Eve December 31
Holidays occurring on Saturday shall be observed on the Friday immediately preceding the holiday; those occurring on Sunday shall be observed on the following Monday (with the exception of the Eves which will be observed as noted below).

When Christmas or New Years falls on Sunday or Monday, the Eves will be celebrated on the preceding Friday. When Christmas or New Years falls on Saturday, the Eves will be celebrated on Thursday.

Article 15 - Vacation
Full-time and eligible part-time employees of the City of Taft shall be entitled to paid annual vacation based upon length of credited service with the City.

Vacation shall be accrued in the year immediately following an individual's date of employment and shall become due on the employee's first year of service anniversary and on each service anniversary thereafter provided such anniversary marks a year of continuous credited service.

Employees may use vacation entitlement as it is earned provided that only the amount of vacation entitlement accrued, prior to the time vacation is scheduled, is approved and granted.

Vacation schedules shall be subject to approval by the department head.

Vacation Accrual
Permanent full-time employees shall accrue vacation benefits at the rate of 3.0769 hours per payroll period, or 80 hours per year during the first four years continuous service. 7 Permanent full-time employees shall accrue vacation benefits at the rate of 4.615 hours per payroll period, or 120 hours per year starting at the beginning of the fifth year of service through the ninth year of continuous service.

Permanent full-time employees shall accrue vacation benefits at the rate of 6.1538 hours per payroll period, or 160 hours per year starting at the beginning of the tenth year of service through the nineteenth year of continuous service.

Permanent full-time employees shall accrue vacation benefits at the rate of 7.69 hours per payroll period, or 200 hours per year starting at the beginning of the twentieth year of continuous service.

Vacation accrual shall be limited to an amount equal to twice the employee's annual vacation benefit as noted above after which further accrual will cease.

The City Council of the City of Taft does hereby reserve the right to pay an employee for vacation accruals in excess of the maximum accrual defined herein when, for the convenience of the City and in the determination of the City Council, the employee cannot reasonably be granted time away from the normal work assignment.

Vacation Scheduling and Payment
Vacations shall be scheduled, based on the employee’s vacation request, by the employee's immediate supervisor in a manner which will insure adequate departmental staffing at all times.

Should employee vacation requests conflict with staffing requirements, supervisors shall arrange, in conjunction with the employee, a mutually acceptable vacation schedule based on length of employee service and the order in which employee vacation requests were submitted.

Vacation schedules shall be subject to approval of the department head.

Should a City approved holiday fall during an employee's scheduled vacation, the vacation period should be increased proportionately. If not taken during the scheduled vacation, the proportionate increase shall be granted at a time approved by the employee's immediate supervisor.

Vacation pay shall be computed on an employee's base salary exclusive of premium payments.

Employees leaving the active payroll will be paid for unused vacation accrued during their tenure with the City of Taft.
100% of accrued vacation benefits shall be paid to the heirs or to the estate of an employee whose death occurs while actively employed by the City of Taft.

Part-time Employees
Permanent part-time employees of the City of Taft hired to work less than forty (40) hours per week but twenty (20) hours or more per week shall accrue vacation benefits on a pro-rata basis.

Temporary and permanent part-time employees hired to work less than twenty (20) hour per week shall not be eligible for vacation benefits.

Article 16 - Sick Leave
Full-time and eligible part-time employees of the City of Taft, including employees in the probationary period, shall be entitled to annual sick leave with pay. 8 Sick leave shall not be considered a right, which an employee may use at his/her discretion, but shall be allowed only in case of necessity.

Sick leave with pay shall begin accruing immediately following an individual's date of employment and may be taken at any time thereafter.

In no event, however, shall an employee be entitled to receive sick leave with pay in excess of the number of sick leave hours accrued at the time of illness.

Employees who have exhausted sick leave accrual and who are unable to work due to illness or injury will be placed in a vacation status for the duration of the employee's accrued vacation benefit, if any.

Employees taken ill during a scheduled vacation period shall not be permitted to reschedule vacation to utilize accumulated sick leave without approval of the City Manager. Approval, however, may be granted only when the employee presents a doctor's certification verifying an illness or injury or for reasons of acute bereavement supported by written evidence.

The City of Taft suggests that employees use accumulated sick leave in a judicious manner so that they will be entitled to sick leave with pay in the event of major illness. Employees abusing the sick leave benefit shall be subject to disciplinary action.

Sick Leave Accrual
Full-time employees assigned to a regular eight (8) hour duty shift shall accrue sick leave at the rate of 3.6923 hours per payroll period or one (1) working day for each full month of employment.

Sick leave credit may be accumulated to a maximum of 880 hours, at which time further accrual will cease.

Permanent part-time employees of the City of Taft hired to work less than forty (40) hours per week, but twenty (20) hours or more per week, shall accrue sick leave benefits on a pro-rata basis.

Temporary employees and permanent part-time employees hired to work less than twenty (20) hours per week shall not be eligible for sick leave benefits.

Sick leave accruals shall be credited only at the conclusion of each payroll period.

Use
Employees may use sick leave accruals for a personal illness or injury which incapacitates the employee for duty.

An employee who is personally undergoing medical, dental, or optical treatment or examination may use sick leave accruals for required time away from work provided such treatment is not the result of an occupationally related illness or injury.

Employees compelled to be absent for reason of severe illness or injury of an immediate family member, may use sick leave accruals. For this purpose, however, immediate family is defined as spouse, parent, or dependent children residing with the employee. An employee may utilize sick leave time to care for individuals outside of the immediate family subject to prior approval of the City Manager.
9 An employee quarantined by appropriate authority may use sick leave accrual for the duration of the quarantine period.

Sick leave accruals may be used when an employee is required to care for or attend an immediate family member suffering from contagious disease or when the presence of an employee at his work station would jeopardize the health of others due to exposure to a contagious disease.

Requesting Sick Leave
Employees who are absent in accordance with the sick leave policy shall notify their immediate supervisor of such absence no later than one hour following the beginning of their regularly assigned shift. Departmental policy may be more restrictive.

In the event sick leave exceeds one regularly scheduled workday, the employee shall advise his immediate supervisor of the anticipated date of return.

An employee who is on sick leave for three (3) days or more may be required to obtain a doctor's work release which shall be presented to his/her supervisor upon return to work.

An employee's immediate supervisor may place the employee in a sick leave status if, in the opinion of the supervisor, the employee's continued presence at the work station would jeopardize the health, safety or welfare of the employee, other employees, or the City of Taft and its citizens.

Return from Sick Leave
The City of Taft may require an employee who has been on sick leave to satisfactorily complete a physical examination by a City retained physician at the City's expense. Refusal to comply shall constitute sufficient cause for waiver of sick leave, suspension, demotion, or dismissal of the employee from City service.

Employees who have been on sick leave may be required to satisfactorily complete a physical examination administered by the City retained physician if the employee's immediate supervisor believes the City is being exposed to workers' compensation liability, that the health, safety and welfare of the employee or of the City and its employees are being jeopardized, or that the employee is abusing the sick leave benefit.

Payment for Unused Sick Leave
Upon normal service retirement from the City of Taft, the retiring employee shall be paid a lump sum of money not to exceed 50% of accrued sick leave. Additionally, said payment shall not exceed payment of forty-five (45) working days. Such accruals shall be liquidated in cash in the payroll period immediately following the effective date of retirement.

Employees may sell back up to one-half (1/2) their annual accrual up to a maximum of forty eight (48) hours on an annual basis. Payout for sick leave sell back will be made on the first paycheck of December.

Article 17 - Bereavement Leave
Employees may, with approval by the appointing authority, take up to three days (24 hours) of bereavement leave not chargeable against the employee's sick leave, to attend the funeral or memorial service of a member of their immediate family. For this purpose, however, immediate family is defined as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, step-father, step-mother, step-son, step daughter. 10 Article 18 - Military Leave
Military leave shall be granted in accordance with the provision of the Military and Veterans Code of the State of California.

Article 19 - Jury Duty
The City of Taft shall grant employees a jury duty leave of absence for the duration of the employee's jury duty assignment.

Jury Duty is defined as the duty requested by any legally constituted court or governmental unit of municipal, county, state or federal jurisdiction and includes active participation as a juror, those instances in which an employee is summoned for examination as a possible jury member and instances in which an employee is called as a witness in action not involving the employee himself.

During a jury duty leave of absence, employees shall be entitled to full salary excluding differential payments less jury duty compensation received from the applicable court or governmental unit.

Employees shall be granted sufficient time for preparation (i.e., dress, etc.) and travel.

The City of Taft reserves the right to request dismissal of any jury duty summons should it believe that the employee's services are necessary to the welfare of the City.

Article 20 - Salaries
Attached, as Exhibit B” to this Agreement is the City-wide salary schedule applicable to Police Unit employees during the term of this agreement:

Dispatcher Matron I Range 34.6
Dispatcher Matron II Range 38.6
Police Officer Range 46.8
Police Sergeant Range 55.8
Article 21 - Bulletproof Vests
The City shall provide for each officer covered under this agreement, a bulletproof vest with a protection level of II or greater. The city shall replace each officer’s bulletproof vest no later than the expiration of the Manufacturer’s Warranty date, or the expiration of the vest’s Safety Certification date, whichever occurs first. If a vest becomes non-usable due to no fault of the officer the City will replace the vest at an earlier date.

If an employee voluntarily leaves the service of the Police Department in less than three years, the employee will pay back to the City the pro-rated cost of the vest, and the employee will keep the vest. The pro-rated cost of the vest shall be 75% of the original cost if the employee leaves with the first 12 full months of service, 50% of the original cost if the employee leaves within 12 months and one day through 24 full months of service, and 25% of the original cost if the employee leaves within 24 months and one day through 36 full months of service. The pro-rated cost of the vest shall be deducted from the separating employee’s final paycheck.

If the employee is involuntarily separated from service with the Police Department, he or she will not be charged for the cost of the vest unless he or she elects to purchase the vest in which case the pro-rated costs shall be deducted from the employee’s final paycheck. If the employee elects not to purchase the vest, the City shall retain the vest.
11 Employees shall wear their vests at all times unless otherwise approved by the supervisor.

Article 22 - Higher Classification Pay
In the event an employee is assigned to perform duties of a job classification higher than the classification to which the employee is normally assigned for a cumulative total in excess of 40 hours in a fourteen consecutive day payroll period, such employee shall be paid at the A step of the higher classification for all hours worked in such classification.

Should an employee's current salary exceed the A step of the higher classification, he shall be paid at that step which represents a 5% increase over his current base salary.

It is agreed, however, that no employee shall perform work in a higher job classification unless specifically directed to do so by the head of the department to which the employee is normally assigned or by the formally designated representative of such department head.

Article 23 - Holiday Pay
Holiday pay for Police Unit employees shall be compensated at one monthly at the employee's normal hourly rate equal to one typical work day schedule. This compensation shall be in lieu of holiday pay at one and one-half his/her base rate of pay for all time worked.

Article 24 - Educational Incentive
The educational incentive program for sworn police employees is hereby defined as follows:

Police Officers or Sergeants holding an Intermediate P.O.S.T. Certificate will receive an additional five percent (5%) in pay.

Police Officers or Sergeants holding an Advanced P.O.S.T. Certificate will receive an additional ten percent (10%) in pay. The will a total of ten (10%) and does not stack with the 5% pay for Intermediate Certificates.

Dispatchers holding an Intermediate Dispatch Certificate will receive an additional two and one-half percent (2 1/2%) in pay
Dispatchers holding an Advanced Dispatcher Certificate will receive an additional two and one-half percent (2 1/2%) in pay for a total of five percent (5%) increase in pay.

Payment for educational incentive shall begin the first pay period after written notification of compliance with this Article to the City Manager from the Department Head.

Article 25 – Spanish Fluency Incentive
A Spanish Fluency Incentive of $100 a month shall be given to eligible Police Officers who meet the required conditions and obtain the necessary certifications.

Police Officers who wish to receive this incentive shall obtain the required Certification of Fluency at their own expense. Certificates will only be accepted during the month of May. Certificates must be submitted no later than May 31 of the current fiscal year, so funds can be budgeted for the following fiscal year.

For new Police Officers obtaining employment with the City of Taft, a 30 day period of time will be given from date of hire, to obtain and submit the necessary Certificate of Fluency. If Certificate is 12 not submitted during that time period, such employee will have to wait until the regular submission period of May to qualify for the incentive.

Article 26 - Uniform Allowance
The City shall establish an annual uniform allowance of $1,100 for Sworn Police personnel. Police personnel will pay for all uniforms, hats, belts, holsters, handcuffs, handcuff cases, keepers, baton, baton grommet ring, mace holder, magazine pouches, and any other optional equipment. All other items, such as, but not limited to badges, patches, the issued department pistol, and mace shall be paid for by the City.

Any major City initiated changes in uniform such as color, style, or type of uniform (pants and shirts) shall be paid for by the City.

Uniform allowance for new employees and terminated employees shall be prorated according to actual time served under the effective rate.

Uniform allowance shall be paid in one lump sum on or before the Friday following the end of the first pay period in July of each year, by separate check.

Uniform allowance for Dispatchers shall be $450.00 per year. The City shall provide required patches and rockers for Dispatchers.

Article 27 - Special Assignments
Police Officers who are specifically assigned and designated to work as Narcotics Officer, Detective, Canine Handler or Field Training Officer will receive a 5% salary incentive. Police Officers will be entitled to this benefit only when specifically assigned by the Police Chief or his designee and actually working in these classifications. The Field Training Officer will be subject to the 5% salary incentive only when actually involved in the training of a new officer. These assignments are at the discretion of the Police Chief or his designee and may be altered or eliminated at any time without notice.

Article 28 - Call Back Pay
In the event an employee is required to report to work prior to commencement of the employee's next regularly scheduled work shift, the employee will receive a minimum of two hours compensation, or any additional actual time worked beyond the minimum of two hours, at one and one-half times the employee's base hourly rate.

For purposes of this Article, the definition of "day" and "work period", as noted in Article 10, shall be applicable.

Article 29 - 4850 Time
The City acknowledges that all sworn officers of Taft Police Department are protected by the requirements of Section 4850 of the California Labor Code.

Article 30 - Life Insurance
Permanent full-time employees of the City of Taft shall be entitled to participate in the City's group life insurance program upon completion of thirty days continuous service. 13 Should an employee elect to participate in the group life insurance program, the City shall bear the total cost of such insurance for the individual employee.

Employees, however, may not secure group life insurance benefits for dependents upon this program.

Group life insurance benefits shall be $25,000 for each participating employee.

The City's group life insurance program also provides employee benefits in the event of accidental death or dismemberment subject to conditions outlined in the City's group life insurance policy.

Article 31 - Health Insurance
The City will pay the 100% of base premium rate for the Kaiser or HMO Heath Care Plan for full-time employees and their dependents
For employees hired after July 1, 2019 The City will pay the 100% of base premium rate for the Kaiser or HMO Heath Care Plan for full-time employees and 50% of the base premium rate for their dependents.

Employees who are covered under a spouse’s plan and wish to waive coverage under the City’s plan will receive a $200 a month “opt-out” option.

Article 32 - Retirement Benefits
Current employees shall maintain their existing retirement formula as contracted with the Public Employees’ Retirement System. All new employees shall be enrolled in the Public Employees Retirement System in accordance with the provision of the Public Employees Pension Reform Act (PEPRA).

Employees will pay up to 7% employees share of PERS in accordance with the Public Employees Pension Reform Act (PEPRA).

Article 33 - Section 125 Program
The City shall continue to offer a Premium-Only Section 125 Program whereby employee contributions towards health and dental insurance premiums will be paid not subject to Federal Income Tax, State Income Tax, or FICA. Employee participation in the program will be voluntary.

Article 34– Deferred Compensation (457)
Employees who elect to make voluntary contributions to their deferred compensation account (457) the City agrees contribute a fifty percent (50%) match of the employee’s contribution up to a maximum of $3500 per fiscal year.

Article 35 - Non-Discrimination
It is agreed that both the City and the Union shall provide equal opportunity for all qualified persons; prohibit discrimination because of race, color, religion, sex, age or national origin and promote the full realization of equal opportunity through a positive and continuing program of affirmative action.

It is further agreed that no employee shall be interfered with, intimidated, restrained, coerced or discriminated against by either the City or the Union because of membership or non-membership in the Union.

Article 36 - Savings Clause
14 It is agreed that in the event a court order renders any Article of this Agreement null and void, said ruling shall negate only the appropriate article and the balance of this Agreement shall stand as written and remain in full force and effect for the duration of said Agreement.

Article 37 - Full Agreement
The City of Taft and the Union agree that this Agreement constitutes the entire contract between them governing wages, hours and conditions of employment of those employees in the bargaining unit during the term thereof and settles all demands and issues on all matters subject to meet and confer.

Accordingly, both the City and the Union do hereby waive the right during the term of this Agreement, to demand negotiation upon any subject matter, whether or not such subject matter has or has not been raised or discussed by either party during negotiations leading to the execution of this Agreement.

Article 38 - Safety
The City agrees that it will continue efforts to secure the size vehicle fleet that ultimately allows for officers to be assigned vehicles and to allow for implementation of a take home policy for officers who reside within ten (10) miles of City Hall, as previously approved in concept and principle by the City Council. The Union agrees that the provisions of any take home vehicle policy that may be implemented shall be the right and responsibility of management.

Article 39 – On-Call for Court
If an officer is placed “on-call” to stand-by for court appearance on his/her off duty hours, the officer shall receive $45 as “Court On-Call Time.” If he/she is called to appear, then in lieu of “On-Call” pay, the officer shall be paid a minimum of 2 hours paid at the rate of 1 and ½ times the officer’s hourly base rate of pay or all actual time in court at the rate of 1 and ½ times the hourly rate, whichever is greater.

Article 40 – Layoff
For the purpose of layoff, seniority shall be defined as the first day of paid service in the classification currently held. Employees noticed for layoff may bump back (down) to a formally held classification if they have seniority within that classification. The City will provide at least 45 calendar days notice to the POA of any layoff affecting members of the represented unit.

Article 41 –Supplemental Pay
For employees covered by this agreement who have been continuously employed with the City of Taft for a least one (1) but less than three (3) years as of December 1, 2022 and have completed probation the City agrees to make a one-time off schedule supplemental payment in the amount of three percent (3%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022 and on Overtime Pay for the 26 pay periods prior to December 1, 2022. In addition, the percentage (%) will included Intermediate or Advanced POST and Intermediate or Advanced Dispatcher Certificate Pay for the 26 pay periods prior to December 1, 2022.

Employees covered by this agreement who have been continuously employed with the City of Taft for a least three (3) years but less than six (6) years as of December 1, 2022 the City agrees to make a one-time off schedule supplemental payment in the amount of five percent (5%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022 and on 15 Overtime Pay for the 26 pay periods prior to December 1, 2022. In addition, the percentage (%) will included Intermediate or Advanced POST and Intermediate or Advanced Dispatcher Certificate Pay for the 26 pay periods prior to December 1, 2022.

Employees covered by this agreement who have been continuously employed with the City of Taft for a least six (6) years or more as of December 1, 2022 the City agrees to make a one-time off schedule supplemental payment in the amount of one percent (1%) per completed year of service up to a maximum of ten percent (10%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022 and on Overtime Pay for the 26 pay periods prior to December 1, 2022. In addition, the percentage (%) will included Intermediate or Advanced POST and Intermediate or Advanced Dispatcher Certificate Pay for the 26 pay periods prior to December 1, 2022.

Payment in the aforementioned amount will be made to employees on Friday, December 16, 2022.

However, the employee may voluntarily choose to defer payment until the first pay day in January 2023.

In this case the payment would be made on January 13, 2023. Employees must be currently employed and eligible to receive a regular City Paycheck on the date the payment is issued. Any employee who does not meet this requirement will forfeit the supplemental pay. This above payment will be issued as a separate check. Deductions will be made for any mandated withholdings.

Article 42- Term of Agreement
The above offer is predicated on continued operation of the MCCF. If the City receives notice that the State of California is exercising its option to terminate the contract with the City to run the MCCF the additional compensation in this Agreement will immediately revert back to the previous level. The City has received notification of the termination of the contract to operate the MCCF effective May 31, 2021.

The City agrees to defer action provided for in Article 41 for one year (through June 30, 2024). The matter will be revisited during the spring of 2024 and if implemented, notice will be provided the TPOA and affected employees in a timely manner.

This Agreement shall become effective upon ratification of the City Council and shall remain in full force and effect through June 30, 2024, and year to year thereafter. Negotiation may begin prior to March 1, 2024 if advance notice is provided.

This agreement is entered into this 15th day of November, 2022.

City of Taft, Dave Noerr, Mayor Date For the TPOA, Date

Yvette Mayfield, MMC Date For the TPOA, Date
City Clerk
1 MEMORANDUM OF AGREEMENT

CITY OF TAFT
AND

TAFT POLICE MANAGEMENT GROUP
Article 1 - Introduction
This Agreement, made and entered into at Taft, California by and between the City of Taft (hereinafter City) and the Taft Police Management Group (TPMG) (hereinafter Group), is intended to define wages, hours and working conditions of those employees of the City of Taft represented by the Association in accordance with provisions of the Meyers-Milias-Brown Act of the State of California and the Personnel Policies and Procedures of the City of Taft.

Article 2 – Salaries
Attached as “Attachment 1” to this Agreement is the salary schedule applicable to Police Management employees during the term of this Agreement.

Article 3 – Section 125 Program
The City shall continue to offer a Premium Only Section 125 Program whereby employee contributions toward health and dental insurance premiums will be paid not subject to Federal Income Tax, State Income Tax, or FICA. Employee participation in the program will be voluntary.

Article 4 – Health Insurance
During the term of this MOU, the City agrees to assume the cost of employee and dependent health insurance as follows:

The City will pay 100% toward health coverage for employees and dependents covered with the HMO or Kaiser Plan. For Employees hired on or after July 1, 2019, the City will pay 100% toward employee and 50% towards dependent health and vision coverage based upon the Kaiser or Blue Shield HMO Rates
Employees who are covered under a spouse’s plan and wish to waive coverage under the City’s plan will receive a $200 a month “opt-out” option.

Article 5 – Life Insurance
Employees included in the Plan shall be entitled to participate in the City’s group life insurance program upon completion of thirty (30) days continuous service. Should an employee elect to participate in group life insurance program, the City shall bear the total cost of such insurance for the individual employee.

Employees, however, may not secure group life insurance benefits for dependents under this program.

Group life insurance benefits shall be $25,000.00 for each participating employee. The City’s group life insurance program also provides employee benefits in the event of accidental death or dismemberment subject to conditions outlined in the City’s group life insurance policy. 2 Article 6 - Retirement Benefits
Employees in this plan will be responsible for paying the employee contribution required to be paid by employees to CalPERS in accordance with the Public Employees Pension Reform Act (PEPRA) All such payments of the City shall be reported as normal contributions and shall be credited to said employees’ accounts pursuant to Government Code Section 20691. This PERS pick-up is done in accordance with Section 414H(2) of the Internal Revenue Code.

Current employees shall maintain their existing retirement formula as contracted with the Public Employees’ Retirement System. All new employees shall be enrolled in the Public Employees Retirement System in accordance with the provision of the Public Employees Pension Reform Act (PEPRA)
Article 7 – Worker’s Compensation Benefits
The City acknowledges that all sworn officers of the Taft Police Department are protected by the requirements of Section 4850 of the California Labor Code. (Police officers, firefighters, sheriff’s officers, and other personnel; leave of absence with salary in lieu of temporary disability or maintenance payments).

Article 8 – Special Leave
Effective July 1 of each fiscal year, employees in this unit shall be granted fifty-six (56) hours, Special Leave with pay which may be requested to be used at any time during the fiscal year upon approval of their department head. This leave must be used during the fiscal year in which it is received. Special Leave may not be carried over to a subsequent fiscal year. Any unused Special Leave at the end of the fiscal year or at time of termination will be forfeited and has no cash value.

Employees who commence employment after July 1 shall receive upon hire a pro-rata amount based on the months remaining in the fiscal year.

Article 9 – Overtime Compensation
Those employees included in the Plan who are classified as non-exempt employees, as defined in the Federal Fair Labor Standards Act shall be entitled to overtime compensation or compensatory time-off (ATO) in accordance with applicable provisions of the Personnel Policies Procedures of the City of Taft.

Those employees included in the Plan who are classified as exempt employees, as defined in the Federal Fair Labor Standards Act, shall not be eligible for overtime compensation or for compensatory time-off (ATO) regardless of the number of hours worked.

Article 10 – Premium Pay
Those employees included in the Plan who are classified as non-exempt employees, as defined in the Federal Fair Labor Standards Act shall be entitled to receive premium pay in accordance with applicable provisions of the Personnel Policies Procedures of the City of Taft. 3 Those employees included in the Plan who are classified as exempt employees, as defined in the Federal Fair Labor Standards Act, shall not be eligible receive premium pay other than that specifically authorized by the City Council or by this Plan.

Article 11 – Higher Classification Pay
In the event a non-exempt employee is assigned to perform duties of a job classification higher than the classification to which the employee is normally assigned for a cumulative total in excess of forty (40) hours in a fourteen (14) consecutive day payroll period, such employee shall be paid at the A step of the higher classification for all hours worked in such classification.

Should such an employee’s current salary exceed the A step of the higher classification, he/she shall be paid at that step which represents a five percent (5%) increase over his/her current base salary.

No employee shall perform work in a higher job classification unless specifically directed to do so by the head of the department to which the employee is normally assigned or by the formally designated representative of such department head.

Under normal circumstances, exempt employees shall not be eligible for Higher Classification Pay unless such pay is approved in advance by the City Manager or a designated representative hereof.

Article 12 – Holiday Pay
Employees covered by this MOU who are in classifications designated as FLSA non-exempt and are assigned to a rotating shift schedule shall be compensated monthly at the employee’s normal hourly rate equal to one holiday (8 hours) per month. This compensation shall be in lieu of holiday pay at one and one-half his/her base rate of pay for all time worked.

Employees in this unit in positions designated as FLSA exempt are not entitled to additional holiday pay.

Holidays recognized by the City of Taft include:

New Year’s Day
Lincoln’s Birthday
Washington’s Birthday (President’s Day)
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year’s Eve Day
Article 13 – Uniform Allowance
The uniform allowance for employees covered by this MOU shall be $1,100.00 per year. Uniform allowance is paid by the City once per year in the month of July. The uniform allowance is provided only to sworn personnel in the Unit.
4 Article 14 – Educational Incentive
Police Lieutenant holding an Intermediate P.O.S.T. Certificate will receive an additional five percent (5%) in pay. Police Lieutenant holding an Advanced P.O.S.T. Certificate will receive an additional ten percent (10%) in pay. The Advanced Certificate Incentive will be a total of ten percent (10%) and does not stack with the 5% pay for Intermediate Certificates.

Article 15 – Other Benefits
All provisions of the City of Taft Municipal Code and all Personnel Policies and Procedures, Rules, and Regulations of the City as they now exist or as they may be hereafter amended shall apply to those employees covered in this MOU in addition to terms and benefits as may be specifically enumerated or modified herein.

Article 16 – No Concerted Action
Employees covered by this MOU will not engage in any work slowdown, speedup, picketing, or refusal or failure to fully and faithfully perform their job functions and responsibilities. Further, employees covered by this MOU will not interfere with the operation of the City Administration, Community Correctional Facility, Police Department, Public Works Department or any other department or operation of the City of Taft.

If, during the term of this MOU, Management, Supervisory, or Confidential employees of the City engage in informational picketing, such picketing shall be restricted to sidewalks directly adjacent to City Hall, Taft Police Department, the CCF, and the City Corporation Yard.

Article 17 – Non-Discrimination
The City of Taft shall provide equal opportunity for all qualified persons. The City shall prohibit discrimination because of race, color, religion, sex, age, or national origin and shall promote the full realization of equal opportunity. No person shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City because the employee has elected to exercise representation rights specified in Section 32500 et. seq., of the California Government Code.

Article 18 – Savings Clause
It is agreed that in the event that any particular Article of this MOU be declared null and void by a Court or Agency so empowered, the ruling shall only negate that section or Article and the remaining portions of the MOU shall remain in full force and effect.

Article 19 – Interpretation Under California Law
This MOU shall be interpreted under the laws of the State of California.

Article 20 – Deferred Compensation (457)
Employees who elect to make voluntary contributions to their deferred compensation account (457) the City agrees contribute a fifty percent (50%) match of the employees contribution up to a maximum of $3500 per fiscal year
5 Article 21 – Payment for Unused Sick Leave
Upon normal service retirement from the City of Taft, the retiring employee shall be paid a lump sum of money not to exceed 50% of accrued sick leave. Additionally, said payment shall not exceed payment of forty-five (45) working days. Such accruals shall be liquidated in cash in the payroll period immediately following the effective date of retirement.

Employees may sell back up to one-half (1/2) their annual accrual up to a maximum of forty eight (48) hours on an annual basis. Payout for sick leave sell back will be made on the first paycheck of December.

Article 22- Additional Merit Based (“F” Step)
Employees in the unit who have four (4) or more years of City Service and who have been compensated at the “E” Step of their salary range for a least one (1) year (12 months) will be eligible to be considered for a Merit Based Increase of five percent (5%) (2 salary ranges). This Merit Based increase will be upon granted upon Special Performance Evaluation and recommendation of the Department Head.

Consideration for this Merit Based Step is the decision of the Department Head. The decision of the Department Head is final and is not subject to any Grievance or Appeal process.

Article 23–Supplemental Pay
For employees covered by this agreement who have been continuously employed with the City of Taft for a least one (1) but less than three (3) years as of December 1, 2022 and have completed probation the City agrees to make a one-time off schedule supplemental payment in the amount of three percent (3%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022
Employees covered by this agreement who have been continuously employed with the City of Taft for a least three (3) years but less than six (6) years as of December 1, 2022 the City agrees to make a onetime off schedule supplemental payment in the amount of five percent (5%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022.

Employees covered by this agreement who have been continuously employed with the City of Taft for a least six (6) years or more as of December 1, 2022 the City agrees to make a one-time off schedule supplemental payment in the amount of one percent (1%) per completed year of service up to a maximum of ten percent (10%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022
Payment in the aforementioned amount will be made to employees on Friday, December 16, 2022.

However, the employee may voluntarily choose to defer payment until the first pay day in January 2023.

In this case the payment would be made on January 13, 2023. Employees must be currently employed and eligible to receive a regular City Paycheck on the date the payment is issued. Any employee who does not meet this requirement will forfeit the supplemental pay. This above payment will be issued as a separate check. Deductions will be made for any mandated withholdings. 6 Article 24- Term of Agreement
The above offer is predicated on continued operation of the MCCF. If the City receives notice that the State of California is exercising its option to terminate the contract with the City to run the MCCF the additional compensation in this Agreement will immediately revert back to the previous level. The City has received notification of the termination of the contract to operate the MCCF effective May 31, 2021.

The City agrees to defer action provided for in Article 41 for one year (through June 30, 2024). The matter will be revisited during the spring of 2024 and if implemented, notice will be provided the TPOA and affected employees in a timely manner.

This Agreement shall become effective upon ratification of the City Council and shall remain in full force and effect through June 30, 2024, and year to year thereafter.

This Memorandum of Understanding shall become effective upon ratification of the parties and shall remain in full force and effect through June 30, 2024 and from year to year thereafter unless changed through the meet and confer process.

This agreement is entered into this 15th day of November, 2022 Signatures:

For the City of Taft: For the TPMG:

7 ATTACHMENT 1

POLICE MANAGEMENT SALARY PLAN
The following Classifications are included in this plan as exempt under the FLSA and are not eligible to receive overtime or any premium pay other than that specifically authorized by the City Council or by this Plan.

Classification
Police Lieutenant
The following Classifications are included in this plan as Management, Supervisory or Confidential and are designated as non-exempt under the FLSA.

Classification
Administrative Assistant (Assigned to Police Chief)

Education Incentives
Lieutenant $100.00 / biweekly pay period

1 CITY OF TAFT
Management/Supervisory/Confidential Compensation Plan
Article 1 - Introduction
This Plan has been adopted by Resolution of the City Council of the City of Taft and is intended to define wages, hours and other terms and conditions of employment for those employees of the City of Taft designated and Management, Supervisory or Confidential employees by resolution of the City Council.

Article 2 - Salaries
Attached as "Attachment 1" to this Agreement is the salary schedule applicable to Management employees during the term of this Agreement.

Article 3 - Section 125 Program
The City shall continue to offer a Premium-Only Section 125 Program whereby employee contributions toward health and dental insurance premiums will be paid not subject to Federal Income Tax, State Income Tax, or FICA. Employee participation in the program will be voluntary.

Article 4 - Health Insurance
During the term of this Plan, City agrees to assume the cost of employee and dependent health insurance as follows:

The City will continue to pay 100% toward employee and dependent health and vision coverage based upon the Kaiser or Blue Shield HMO Rates. For Employees hired on or after July 1, 2019, the City will pay 100% toward employee and 50% towards dependent health and vision coverage based upon the Kaiser or Blue Shield HMO Rates
Article 5 - Life Insurance
Employees included in the Plan shall be entitled to participate in the City’s group life insurance program upon completion of thirty (30) days continuous service.

Should an employee elect to participate in group life insurance program, the City shall bear the total cost of such insurance for the individual employee. Employees, however, may not secure group life insurance benefits for dependents under this program.

Group life insurance benefits shall be $25,000 for each participating employee.

The City’s group life insurance program also provides employee benefits in the event of accidental death or dismemberment subject of conditions outlined in the City’s group life insurance policy. 2 Article 6 - Retirement Benefits
Employees in this plan will be responsible for paying the employee contribution required to be paid by employees to CalPERS in accordance with the Public Employees Pension Reform Act (PEPRA) All such payments of the City shall be reported as normal contributions and shall be credited to said employees’ accounts pursuant to Government Code Section 20691. This PERS pick-up is done in accordance with Section 414H(2) of the Internal Revenue Code.

Current employees will retain their current level of retirement benefits in accordance with the City’s contract with CalPERS. Employees hired by the City of Taft will have retirement benefits in accordance with the provision of the Public Employees Pension Reform Act (PEPRA) Article 7 - Special Leave
Effective July 1 of each fiscal year, employees in this unit shall be granted fifty-six (56) hours, Special Leave with pay which may be requested to be used at any time during the fiscal year upon approval of their department head. This leave must be used during the fiscal year in which it is received. Special Leave may not be carried over to a subsequent fiscal year. Any unused Special Leave at the end of the fiscal year or at time of termination will be forfeited and has no cash value.

Employees who commence employment after July 1 shall receive upon hire a pro-rata amount based on the months remaining in the fiscal year.

Article 8 - Overtime Compensation
Those employees included in the Plan who are classified as non-exempt employees as defined in the Federal Fair Labor Standards Act shall be entitled to overtime compensation or compensatory time-off (ATO) in accordance with applicable provisions of the Personnel Policies and Procedures of the City of Taft.

Those employees included in the Plan who are classified as exempt employees as defined in the Federal Fair Labor Standards Act shall not be eligible for overtime compensation or for compensatory time-off (ATO) regardless of the number of hours worked.

Article 9 - Premium Pay
Those employees included in the Plan who are classified as non-exempt employees as defined in the Federal Fair Labor Standards Act shall be entitled to receive premium pay in accordance with applicable provisions of the Personnel Policies and Procedures of the City of Taft.

Those employees included in the Plan who are classified as exempt employees as defined in the Federal Fair Labor Standards Act shall not be eligible to receive premium pay other than that specifically authorized by the City Council or by this Plan.

For purposes of this Article 10, premium pay shall include, but is not limited to call out pay, holiday pay in lieu of time off, call out pay, inmate supervision pay, uniform allowance. 3 Article 10 - Higher Classification Pay
In the event a non-exempt employee is assigned to perform duties of a job classification higher than the classification to which the employee is normally assigned for a cumulative total in excess of 40 hours in a fourteen (14) consecutive day payroll period, such employee shall be paid at the A step of the higher classification for all hours worked in such classification.

Should such an employee’s current salary exceed the A step of the higher classification, he shall be paid at that step which represents a 5% increase over his current base salary.

No employee shall perform work in a higher job classification unless specifically directed to do so by the head of the department to which the employee is normally assigned or by the formally designated representative of such department head.

Under normal circumstances, exempt employees shall not be eligible for Higher Classification Pay unless such pay is approved in advance by the City Manager or a designated representative thereof.

Article 11 - Other Benefits
All provisions of the Taft Municipal Code and all personnel policies and procedures, rules and regulations of the City as they now exist or as they may be hereafter amended shall apply to those employees included in the Plan, these in addition to such benefits as may be specifically enumerated or modified herein
Article 12 - No Concerted Action
Employees governed by this Plan will not engage in any work slowdown, speedup, picketing, or refusal or failure to fully and faithfully perform job functions and responsibilities, or otherwise interfere with the operation of the City Administration, Community Correctional Facility, Fire Department, Police Department, Public Works Department or any department or operation of the City of Taft.

If, during the term of this Plan, management/supervisory/confidential employees of the City engage in informational picketing, such picketing shall be restricted to sidewalks directly adjacent to City Hall, Taft Fire Department, Taft Police Department, the CCF and the City Corporation Yard.

Article 13 - Non-Discrimination
The City of Taft shall provide equal opportunity for all qualified persons; prohibit discrimination because of race, color, religion, sex, age or national origin and promote the full realization of equal opportunity. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City because the employee has elected to exercise those representation rights specified in Section 3500 et. seq., California Government Code.

Article 14 - Savings Clause
It is agreed that in the event a court order renders any Article of this Plan null and void, said ruling shall negate only the appropriate article and the balance of this Plan shall stand as written and remain in full force and effect until modified by action of the City Council. 4 Article 15 – Deferred Compensation (457)
Employees who elect to make voluntary contributions to their deferred compensation account (457) the City agrees contribute a fifty percent (100%) match of the employees contribution up to a maximum of $1200 per fiscal year
Article 16 – Payment for Unused Sick Leave
Upon normal service retirement from the City of Taft, the retiring employee shall be paid a lump sum of money not to exceed 50% of accrued sick leave. Additionally, said payment shall not exceed payment of forty-five (45) working days. Such accruals shall be liquidated in cash in the payroll period immediately following the effective date of retirement.

Employees may sell back up to one-half (1/2) their annual accrual up to a maximum of forty eight (48) hours on an annual basis. Payout for sick leave sell back will be made on the first paycheck of December.

Article 17- Additional Merit Based (“F” Step)
Employees in the unit who have four (4) or more years of City Service and who have been compensated at the “E” Step of their salary range for a least one (1) year (12 months) will be eligible to be considered for a Merit Based Increase of five percent (5%) (2 salary ranges). This Merit Based increase will be upon granted upon Special Performance Evaluation and recommendation of the Department Head.

Consideration for this Merit Based Step is the decision of the Department Head. The decision of the Department Head is final and is not subject to any Grievance or Appeal process.

Article 18–Supplemental Pay
For employees covered by this agreement who have been continuously employed with the City of Taft for a least one (1) but less than three (3) years as of December 1, 2022 and have completed probation the City agrees to make a one-time off schedule supplemental payment in the amount of three percent (3%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022
Employees covered by this agreement who have been continuously employed with the City of Taft for a least three (3) years but less than six (6) years as of December 1, 2022 the City agrees to make a onetime off schedule supplemental payment in the amount of five percent (5%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022.

Employees covered by this agreement who have been continuously employed with the City of Taft for a least six (6) years or more as of December 1, 2022 the City agrees to make a one-time off schedule supplemental payment in the amount of one percent (1%) per completed year of service up to a maximum of ten percent (10%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022.

Payment in the aforementioned amount will be made to employees on Friday, December 16, 2022.

However, the employee may voluntarily choose to defer payment until the first pay day in January 2023.

In this case the payment would be made on January 13, 2023. Employees must be currently employed and eligible to receive a regular City Paycheck on the date the payment is issued. Any employee who 5 does not meet this requirement will forfeit the supplemental pay. This above payment will be issued as a separate check. Deductions will be made for any mandated withholdings.

Article 19- Term of Agreement
The above offer is predicated on continued operation of the MCCF. If the City receives notice that the State of California is exercising its option to terminate the contract with the City to run the MCCF the additional compensation in this Agreement will immediately revert back to the previous level. The City has received notification of the termination of the contract to operate the MCCF effective May 31, 2021.

The City agrees to defer action provided for in Article 41 for one year (through June 30, 2024). The matter will be revisited during the spring of 2024.

This Agreement shall become effective upon ratification of the City Council and shall remain in full force and effect through June 30, 2024, and year to year thereafter unless changed through the meet and confer process
_________________________________
Dave Noerr, Mayor Date
ATTEST:
_________________________________
Yvette Mayfield, MMC Date
City Clerk
6 Attachment I

MANAGEMENT, SUPERVISORY, CONFIDENTIAL CLASSIFICATIONS
The following Classifications are included in this plan as Management, Supervisory or Confidential and are designated as non-exempt under the FLSA.

Account Clerk I/II – Confidential
Administrative Assistant
(Assigned to City Manager)

Building Official/Compliance Officer

Fleet Manager

Human Resources Assistant

Public Works Supervisor/Safety Officer

Transit Coordinator

Grants and Records Assistant
1 CITY OF TAFT

DEPARTMENT HEADS BENEFITS COMPENSATION PLAN
Article 1 - Introduction
This Plan has been adopted by Resolution of the City Council of the City of Taft and is intended to define wages, hours and other terms and conditions of employment for those employees of the City of Taft designated as Department Heads.

Article 2 – Positions/Classifications
Attached as "Attachment 1" is positions/classification designated as At-Will Department Heads.

Article 3 - Section 125 Program
The City shall continue to offer a Premium-Only Section 125 Program whereby employee contributions toward health and dental insurance premiums will be paid not subject to Federal Income Tax, State Income Tax, or FICA. Employee participation in the program will be voluntary.

Article 4 - Health Insurance
City agrees to assume the cost of employee and dependent health insurance as follows:

The City will continue to pay 100% toward employee and dependent health and vision coverage based upon the Kaiser or Blue Shield HMO rates .

Article 5 - Life Insurance
Employees included in the Plan shall be entitled to participate in the City’s group life insurance program upon completion of thirty (30) days continuous service.

Should an employee elect to participate in group life insurance program, the City shall bear the total cost of such insurance for the individual employee. Employees, however, may not secure group life insurance benefits for dependents under this program.

Department Head life insurance benefits shall be $50,000 for each participating employee.

The City’s group life insurance program also provides employee benefits in the event of accidental death or dismemberment subject of conditions outlined in the City’s group life insurance policy.

Article 6 - Retirement Benefits
Department Heads will be responsible for paying the full seven percent (7%) employee contributions required to be paid by employees to the Public Employees Retirement System.(PERS) 2 Article 7 - Special Leave
Effective July 1 of each fiscal year, Department Heads shall be granted fifty-six (56) hours, Special Leave with pay which may be used at any time during the fiscal year upon approval of the City Manager.

This leave must be used during the fiscal year in which it is received. Special Leave may not be carried over to a subsequent fiscal year. Any unused Special Leave at the end of the fiscal year or at time of termination will be forfeited and has no cash value.

Employees who commence employment after July 1 shall receive upon hire a pro-rata amount based on the months remaining in the fiscal year.

Article 8 - Overtime Compensation
Department Heads are classified as exempt employees as defined in the Federal Fair Labor Standards Act and shall not be eligible for overtime compensation or for compensatory time-off (ATO) regardless of the number of hours worked.

Article 9 - Premium Pay
Department Heads are classified as exempt employees as defined in the Federal Fair Labor Standards Act and shall not be eligible to receive premium pay or any other compensation than that specifically authorized herein.

The Police Chief shall receive a Uniform Allowance of $1,100 annually, paid on July 1 of each year.

Police Chief holding an Intermediate P.O.S.T. Certificate will receive an additional five percent (5%) in pay. Police Chief holding an Advanced P.O.S.T. Certificate will receive an additional ten percent (10%) in pay. The Advanced Certificate Incentive will be a total of ten percent (10%) and does not stack with the 5% pay for Intermediate Certificates.

Article 10 - Higher Classification Pay
Department Heads will not be eligible for additional compensation or benefits unless specifically authorized by the City Council.

Article 11 – Communications Allowance
Department Head employees shall receive a $125 per month cell phone/communication allowance in lieu of a City issued cell-phone.

Article 12 – Severance Pay
In the event an At-Will Department Head employee is terminated by the City Manager during such time as the Employee is willing and able to perform the duties of their position, the City agrees to pay the employee a lump sum cash severance payment equal to three (3) months of employee’s aggregate compensation. Except in the case of gross misconduct or employees conviction of an illegal act involving personal gain to the employee in which case the City shall have no obligation to pay severance benefits.
3 This provision shall expire five (5) years after the employee is appointed to an At-Will Department Head position. After five (5) years of service an At-will Department Head whom is terminated from employment will not be eligible to receive severance pay. For purposes of this provision any employees serving as Department Heads prior to July 1, 2012 the effective date of service will be considered July 1, 2012.

Article 13- Service Club

The City will provide membership in one (1) Taft area Service Club. Each individual in a Department Head position is expected to be an active participant in at least one Service Club.

Article 14 - Other Benefits
All provisions of the Taft Municipal Code and all personnel policies and procedures, rules and regulations of the City as they now exist or as they may be hereafter amended shall apply to those employees classified as Department Heads, these in addition to such benefits as may be specifically enumerated or modified herein.

Article 15 - Non-Discrimination
The City of Taft shall provide equal opportunity for all qualified persons; prohibit discrimination because of race, color, religion, sex, age or national origin and promote the full realization of equal opportunity.

No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City because the employee has elected to exercise those representation rights specified in Section 3500 et. seq., California Government Code.

Article 16 - Savings Clause
It is agreed that in the event a court order renders any Article of this Plan null and void, said ruling shall negate only the appropriate article and the balance of this Plan shall stand as written and remain in full force and effect until modified by action of the City Council.

Article 17 – Deferred Compensation (457)
Employees who elect to make voluntary contributions to their deferred compensation account (457) the City agrees contribute a fifty percent (50%) match of the employees contribution up to a maximum of $3500 per fiscal year
Article 18– Payment for Unused Sick Leave
Upon normal service retirement from the City of Taft, the retiring employee shall be paid a lump sum of money not to exceed 50% of accrued sick leave. Additionally, said payment shall not exceed payment of forty-five (45) working days. Such accruals shall be liquidated in cash in the payroll period immediately following the effective date of retirement.

Employees may sell back up to one-half (1/2) their annual accrual up to a maximum of forty eight (48) hours on an annual basis. Payout for sick leave sell back will be made on the first paycheck of December. 4 Article 19- Additional Merit Based (“F” Step)
Employees under the Department Heads Compensation Plan who have four (4) or more years of City Service and who have been compensated at the “E” Step of their salary range for a least one (1) year (12 months) will be eligible to be considered for a Merit Based Increase of five percent (5%) (2 salary ranges). This Merit Based increase will be upon granted upon Special Performance Evaluation and recommendation of the City Manager/Department Head. Consideration for this Merit Based Step is the decision of the City Manager/Department Head. The decision of the City Manager/Department Head is final and is not subject to any Grievance or Appeal process.

Article 20– Supplemental Pay
For employees covered by this agreement who have been continuously employed with the City of Taft for a least one (1) but less than three (3) years as of December 1, 2022 and have completed probation the City agrees to make a one-time off schedule supplemental payment in the amount of three percent (3%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022
Employees covered by this agreement who have been continuously employed with the City of Taft for a least three (3) years but less than six (6) years as of December 1, 2022 the City agrees to make a one-time off schedule supplemental payment in the amount of five percent (5%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022.

Employees covered by this agreement who have been continuously employed with the City of Taft for a least six (6) years or more as of December 1, 2022 the City agrees to make a one-time off schedule supplemental payment in the amount of one percent (1%) per completed year of service up to a maximum of ten percent (10%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022.

Payment in the aforementioned amount will be made to employees on Friday, December 16, 2022.

However, the employee may voluntarily choose to defer payment until the first pay day in January 2023.

In this case the payment would be made on January 13, 2023. Employees must be currently employed and eligible to receive a regular City Paycheck on the date the payment is issued. Any employee who does not meet this requirement will forfeit the supplemental pay. This above payment will be issued as a separate check. Deductions will be made for any mandated withholdings.

Article 21– Term
The above offer is predicated on continued operation of the MCCF. If the City receives notice that the State of California is exercising its option to terminate the contract with the City to run the MCCF the additional compensation in this Agreement will immediately revert back to the previous level. The City has received notification of the termination of the contract to operate the MCCF effective May 31, 2021.

The City agrees to defer action provided for in Article 41 for one year (through June 30, 2024). The matter will be revisited during the spring of 2024.
5 This Plan shall become effective by resolution of the City Council and shall remain in full force and effect unless modified by resolution of the City Council. _________________________________
Dave Noerr, Mayor Date
ATTEST:
_________________________________
Yvette Mayfield, MMC Date
City Clerk
6 ATTACHMENT 1
Department Head Position Classifications
The following classifications are designated as At-Will Department Head and are FLSA exempt.

Position

City Manager/Director of Public Works
Director of Finance

Director of Human Resources/Asst. City Manager

Director of Planning and Development Services

Police Chief

Records Administrator/Grants Administrator