Agenda — Taft City Council, May 7, 2024 (part 1 of 2)

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
TUESDAY, MAY 7, 2024

CITY HALL COUNCIL CHAMBER
209 E. KERN ST., TAFT, CA 93268
_____________________________________________________________________________________________________________________________ City of Taft Council Meetings are being held in-person with full capacity seating and are livestreamed at https://www.youtube.com/user/CityofTaft. Public comment can be made in person and also can be received per the following:
• Written comments may be dropped off in the drop box in front of City Hall. • Comments may be emailed to the City Clerk at [email protected]. • Made by phone to the City Clerk’s office at (661) 763-1222. • Public comments will be accepted up until 5:00 PM the day of the meeting. • Any comments received will be read into the record.
_____________________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.

Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Waldrop
Councilmember Chavira

1. PROCLAMATIONS –
• PEACE OFFICERS MEMORIAL DAY AND POLICE WEEK
• BUILDING SAFETY MONTH
• 55TH ANNIVERSARY OF MUNICIPAL CLERKS WEEK

2. CITIZEN REQUESTS/PUBLIC COMMENTS

COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY

THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.

3. COUNCIL STATEMENTS (NON-ACTION)

4. DEPARTMENT REPORTS

5. CITY MANAGER STATEMENTS

6. CITY ATTORNEY STATEMENTS

7. FUTURE AGENDA REQUESTS
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CONSENT CALENDAR ITEMS 8-17
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?

8. MINUTES
April 16, 2024 Regular
Recommendation – Approve as submitted.

9. PAYMENT OF BILLS
Warrant # 042624 Check No. 99663-99742 $ 606,330.13

Recommendation – Approve payment of the bills.

10. CONSIDERATION AND ADOPTION OF UPDATED DONATION POLICY FOR DONATIONS MADE TO

THE CITY BY PRIVATE PERSONS AND/OR ENTITIES
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF TAFT UPDATING AND ADOPTING A POLICY RELATING TO DONATIONS TO THE CITY BY PRIVATE PERSONS AND/OR ENTITIES and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

11. APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT NEW

ALTERNATIVE FUEL VEHICLE PURCHASE GRANT PROGRAM
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF TAFT APPROVING AND AUTHORIZING AN APPLICATION TO THE SAN JOAQUIN

VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC BENEFIT GRANTS PROGRAM UNDER THE

NEW ALTERNATIVE FUEL VEHICLE PURCHASE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

12. APPROVAL OF STREET CLOSURES FOR THE SPRING SPORTS MERCHANT PARADE ON MAY 18, 2024
Recommendation – Motion to adopt a resolution entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2024 SPRING SPORTS MERCHANT PARADE and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

City of Taft Council/Successor Agency Meeting
Agenda
May 7, 2024

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13. SPECIAL EVENT PERMIT– WEST SIDE RECREATION AND PARK DISTRICT’S YOUTH BASEBALL

AND PONYTAIL SOFTBALL SPRING SPORTS MERCHANT PARADE EVENT ALONG CENTER STREET ON SATURDAY, MAY 18, 2024
Recommendation – Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT 2024-02 FOR THE WEST SIDE

RECREATION AND PARK DISTRICT TO HOLD A SPRING SPORTS MERCHANT PARADE ALONG CENTER STREET FROM 9:30 AM TO 10:30 AM ON SATURDAY, MAY 18, 2024 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

14. FINAL PARCEL MAP APPROVAL FOR TENTATIVE PARCEL MAP NO. 12501 Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING FINAL PARCEL MAP NO. 12501 AND AUTHORIZING THE CITY ENGINEER TO RECORD THE MAP and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

15. SB-1 CITY OF TAFT PROJECT FOR FISCAL YEAR 2024/2025 Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) and Section 15378 of the CEQA Guidelines.

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

REHABILITATION FROM XWALK AT BIKE/PED PATH TO KERN ST. PROJECT TO BOWMAN ASPHALT, INC.

Recommendation – Motion to accept the lowest responsive and responsible bid, award the project, and to approve a construction agreement with Bowman Asphalt, Inc. for the 10th St. Rehabilitation from crosswalk at bike/ped path to Kern St. project – STPL 5193 (044), and to authorize the Mayor to execute said agreement; and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3).

17. AWARD OF CONSULTANT CONTRACT AGREEMENT TO BHT ENGINEERING, INC. FOR ON-CALL

ENGINEERING SERVICES FOR FEDERAL AND STATE FUNDED PROJECTS Recommendation – Motion to approve consultant contract agreement to BHT Engineering, Inc. for OnCall Engineering Services for Federal and State Funded Projects, authorize the Mayor to sign and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines. ****************************************************************************************************** City of Taft Council/Successor Agency Meeting
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18. APPROVAL OF REAL ESTATE EXCHANGE AGREEMENT BETWEEN CITY OF TAFT AND GARY A.

JOYCE
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF TAFT AUTHORIZING AND APPROVING THE REAL ESTATE EXCHANGE AGREEMENT BETWEEN THE CITY OF TAFT AND GARY A. JOYCE AND AUTHORIZING THE MAYOR, CITY

MANAGER, AND/OR ASSISTANT CITY MANAGER TO EXECUTE ALL ESCROW AND OTHER

DOCUMENTS NECESSARY TO COMPLETE THE EXCHANGE OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines

ADJOURNMENT
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.

AFFIDAVIT OF POSTING
I, Darnell Willard, declare as follows:

That I am the Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on May 2, 2024 at _______ p.m., pursuant to 1987 Brown Act Requirements.

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

Executed May 2, 2024, at Taft, California.

Signature _________

PROCLAMATION

DECLARING
“Peace Officers Memorial Day
and Police Week, 2024”
WHEREAS, In 1962, President John F. Kennedy signed a proclamation which designated May 15 as Peace Officers Memorial Day and the week in which that date falls as Police Week; and
WHEREAS, Peace Officers Memorial Day and Police Week pay tribute to the local, State, and Federal law enforcement officers who serve and protect us with courage and dedication. These observances also remind us of the ongoing need to be vigilant against all forms of crime, especially to acts of extreme violence and terrorism; and WHEREAS, the dedicated members of the Taft Police Department, Kern County Sheriff’s Department and California Highway Patrol play an essential role in safeguarding the rights and freedoms of the citizens of Taft; and WHEREAS, the City of Taft wishes to honor all peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of their duties.

NOW THEREFORE, the City Council of the City of Taft, does hereby formally recognize all Peace Officers for their faithful and loyal devotion to their responsibilities and their dedication to our community. Accordingly, the City Council hereby declares May 15, 2024 as Peace Officers’ Memorial Day and May 13 – May 19, 2024 as National Police Week.

Dated this 7th day of May 2024.
_________________________
Dave Noerr, Mayor
________________________________ __________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member __________________________________ _____________________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member

PROCLAMATION

DECLARING
MAY 2024

BUILDING SAFETY MONTH
WHEREAS, The City of Taft is committed to recognizing our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and in times of natural disaster; and
WHEREAS, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of vigilant guardians – building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers and others in the construction industry who work year-round to ensure the safe construction of buildings; and WHEREAS, these guardians are dedicated members of the International Code Council, a United States based organization, that brings together local, state and federal officials that are experts in the building environment to create and implement the highest quality codes to protect us in the buildings where we live, work, worship, play; and
WHEREAS, Building and Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown guardians of public safety, our local code officials who assure us of safe, efficient and livable buildings that are essential to America’s prosperity; and
WHEREAS, “Mission Possible,” the theme for Building Safety Month 2024, encourages all Americans to raise awareness about the importance of safe and resilient construction, fire prevention, disaster mitigation, energy conservation, water safety, training the next generation, and new technologies in the construction industry.

NOW THEREFORE, BE IT RESOLVED, the City Council for the City of Taft, does hereby declare the month of May 2024 as Building Safety Month to be celebrated by the City of Taft, its employees, residents of all ages, and businesses throughout the community.

Signed and dated this 7th day of May, 2024
___________________________________
Dave Noerr, Mayor
__________________________________________ _____________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member __________________________________________ ______________________________________ Carlos Chavira, Council Member Ron Waldrop, Council Member

PROCLAMATION

DECLARING
MAY 5-MAY 11, 2024
“55th Anniversary of Municipal Clerks Week”
WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and
WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and
WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk.

NOW THEREFORE, the City Council of the City of Taft, does hereby formally recognize the City of Taft’s local Office of the Municipal Clerk and accordingly hereby declares May 5– May 11, 2024 as Municipal Clerks Week.

Dated this 7th day of May 2024.
_________________________
Dave Noerr, Mayor
__________________________________ ___________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member __________________________________ _____________________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member

TAFT CITY COUNCIL/SUCCESSOR AGENCY

MINUTES
APRIL 16, 2024
The April 16, 2024 regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Council Member Waldrop, and invocation was given by Pastor Joey Pittman.

PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant, Carlos Chavira and Ron Waldrop City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield

1. CERTIFICATE OF RECOGNITION – FELIX AND SHERRY BRAVO

2. PROCLAMATIONS –
• NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
• “GIVING DAY” – GIVE BIG KERN

3. CITIZEN REQUESTS/PUBLIC COMMENTS
Dr. Kathy Orrin, Executive Director of the Taft Chamber of Commerce, spoke about upcoming activities, including the car show, the TIL fundraiser/retirement dinner for Brock McMurray, State of the City Luncheon and the TUHS Hall of Fame inductees.

4. COUNCIL STATEMENTS (NON-ACTION)
Council Member Waldrop shared about local writer, Ann Haskins, and her book Ten Lost Children.

Council Member Bryant talked about making small shifts to shop and support locally, upcoming sporting events and honors night at the high school.

Council Member Chavira spoke about the importance of local businesses, shopping and supporting local, and shared two related quotes.

Mayor Pro Tem Krier mentioned that there is lots going on locally with new businesses opening up.

Mayor Noerr stated that he hadn’t realized how far along in the school year we are, until he saw that he only had one more mentoring session left this year. He also talked about the recent fire just outside of town.

5. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that the commission is continuing their review of the Housing Element update.

City of Taft Council/Successor Agency Meeting
Minutes
April 16, 2024

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5. DEPARTMENT REPORTS
Police Chief, Damon McMinn, reported on the police department statistics for the month of March.

6. CITY MANAGER STATEMENTS
There was none.

7. CITY ATTORNEY STATEMENTS
There was none.

8. FUTURE AGENDA REQUESTS
Krier requested a proclamation for Brock McMurray for his upcoming retirement from Taft College. Noerr concurred.
********************************************************************************************* CONSENT CALENDAR ITEMS 9-16
 Bryant abstained from Item 16
Motion: Moved by Krier, seconded by Bryant to approve consent calendar items 9-16.

AYES: Krier, Bryant, Chavira, Waldrop, Noerr
PASSED: 5-0

9. MINUTES
April 2, 2024 Regular
Recommendation – Approve as submitted.

10. PAYMENT OF BILLS
Warrant # 032924 Check No. 99543-99583 $ 121,131.29
Warrant # 040523 Check No. 99584-99603 $ 54,715.42
Warrant # 041224 Check No. 99604-99662 $ 380,338.80

Recommendation – Approve payment of the bills.

11. STREET CLOSURES FOR THE 2024 CHAMBER OF COMMERCE CAR SHOW Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2024 CHAMBER OF COMMERCE CAR SHOW (Resolution No. 4230-24) and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

City of Taft Council/Successor Agency Meeting
Minutes
April 16, 2024

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12. APPROVAL OF SPECIAL EVENT PERMIT FOR THE TAFT CHAMBER OF COMMERCE TO HOST THE 16th ANNUAL RAILS TO TRAILS CAR SHOW ON MAY 18, 2024 Recommendation – Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2024-05 AUTHORIZING THE TAFT CHAMBER OF COMMERCE TO HOST THE 16TH ANNUAL RAILS TO TRAILS CAR SHOW ALONG THE TRAIL BETWEEN 4TH AND 10TH STREETS, ON SATURDAY, MAY 18, 2024 (Resolution No. 4231-24) and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.

13. AWARD THREE SAFE AND SANE FIREWORK STANDS FOR 4TH OF JULY, 2024 Recommendation – Motion to award three Safe and Sane Firework stands for July 4, 2023 to the Taft Motorcycle Club, Taft Sportsmen’s Club and West Side Recreation and Park District and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

14. MONTHLY REPORT FOR KERN COUNTY FIRE STATION NO. 21 - MARCH 2024 Recommendation – Receive and file the monthly report for March 2024 from Kern County Fire Station No. 21 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

15. LOW CARBON TRANSIT OPERATION PROGRAM (LCTOP) FY2023-24 CERTIFICATIONS

AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR ZERO-EMISSION TRANSIT

BUS AND RELATED SUPPORT INFRASTRUCTURE PROJECT
Recommendation – Motion to adopt resolution entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF TAFT AUTHORIZING THE EXECUTION OF THE

CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FY2023-24 FOR THE FOLLOWING PROJECT: PURCHASE OF ZERO-EMISSION TRANSIT BUS AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING $25,017 IN LCTOP FUNDS (Resolution No. 4232-24) and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.

16. CONSIDERATION OF ONE SAFE AND SANE FIREWORK STAND FOR 4TH OF JULY, 2024 Recommendation – Motion to accept the late submission and award one Safe and Sane Firework stand for July 4, 2024 to Taft Baseball and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
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April 16, 2024

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17. MUTUAL RELEASE AND WAIVER WITH NEW HOPE TEMPLE PENTECOSTAL CHURCH OF GOD AND PAYMENT OF $15,150.00
Motion: Moved by Bryant, seconded by Krier to authorize the Mayor to sign the Mutual Release and Waiver, authorize the City Manager to pay the Settlement Amount to New Hope and find that the Mutual Release and Waiver is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

AYES: Krier, Bryant, Chavira, Waldrop, Noerr
PASSED: 5-0
At 6:56 PM the meeting was recessed to closed session.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY MANAGER Government Code Section 54956.8 – APN’s 031-210-08, 031-080-04, 05 & 06  The City Council discussed in closed session those items agendized for closed session discussion and directions were given to staff. No other reportable action was taken.

ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:30 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

CONSIDERATION AND ADOPTION OF UPDATED DONATION POLICY FOR DONATIONS

MADE TO THE CITY BY PRIVATE PERSONS AND/OR ENTITIES
SUMMARY STATEMENT:

In July 2007 the Council adopted Resolution No. 2981-07 adopting a policy concerning donations to the city by private citizens and entities. After a review of the policy, it appears that there is no mention of small donations of goods, such as those received by our animal shelter.

Our shelter receives periodic donations of blankets, flea and tick treatments, dog food and such from individuals and rescues, and these items have never been addressed through the donation policy. In order to be in compliance with the donation policy, we are updating the policy to exclude donations under $500 from needing to be taken through the donation policy process.

The language of the policy was also updated to be more inline with current city processes.

Adoption of this updated resolution would replace Resolution No. 2981-07.

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

TAFT UPDATING AND ADOPTING A POLICY RELATING TO DONATIONS TO THE CITY BY PRIVATE PERSONS AND/OR ENTITIES and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Resolution
PREPARED BY: City Clerk
RESOLUTION NO. 4233-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING AND

ADOPTING A POLICY RELATING TO DONATIONS TO THE CITY BY PRIVATE

PERSONS AND/OR ENTITIES
WHEREAS, the City Council recognizes that civic minded private citizens and entities occasionally wish to donate, money, goods, property and/or services to the City; and WHEREAS, the City Council recognizes that certain procedural safeguards are necessary to ensure that such private donations are both appropriate and appropriately handled under applicable State and Federal regulations; and
WHEREAS, the City Council has determined that such private donations should be regulated by a formal policy.

NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF TAFT:

SECTION 1. Donation Policy.
1) Overall, donations to the City of Taft should further the City’s vision, goals, objectives, and priorities and should be determined by the City Council to be in the best interests of the City of Taft.
2) The City of Taft reserves the right to accept or reject any donation. 3) This Policy will apply to any/all donations of $500 or more and will exclude smaller donations i.e.: care supplies for the animal shelter.
4) City Council members and/or staff members may not make any promise to a donor, nor expect any favoritism from a donor, nor agree to any donor-directed changes in the vision, policies, services, goals, objectives or priorities of the City of Taft as a result of a donation. No City Council member shall agree to a specific vote on a matter in exchange for a donation to the City of Taft.
5) No donation will be accepted that violates any Federal, State or local laws. 6) Donor names and donations are public information subject to disclosure pursuant to the California Public Records Act.

SECTION 2. Procedure for Making Donation.

Any person or entity wishing to make a donation to the City may do so, consistent with the standards articulated in this Resolution.
1) Manner of Donation. Any person or entity wishing to make a donation to the City should indicate this intent by written correspondence, in care of the City Manager, identifying the donor, the nature (property, money, or services) and amount of the donation if in cash, and the designated purpose, if any, of the donation. Such donations may be for restricted or unrestricted purposes, so long as the donor does not designate the specific official or officials who may use the payment. 2) Handling of Donation. Upon receipt of such written correspondence, the City Manager shall refer to the City Attorney for review and shall have the matter placed on the City Council Agenda for consideration by the City Council within 30 days of the receipt of the donation correspondence.

Resolution No. 4233-24
May 7, 2024
3) Acceptance of Donation. After being placed on the Agenda, the City Council shall vote on whether to accept the proposed donation. Acceptance shall be by a majority vote of the City Council. The vote acceptance shall specify whether the donated funds or property are to be placed in the general fund or designated for a specific purpose. If restricted funds or property are accepted, they shall be expended or utilized only according to the donor’s restrictions. Restricted funds or property are those to which the donor has specified terms, conditions, or purposes.

SECTION 3. Procedure After Acceptance.

Upon a vote of the City Council to accept a donation, the City Council shall memorialize the acceptance in the minutes, indication the following:
1) The identity of the donor, and nature and amount of the donation. 2) The City, in its sole discretion, shall determine the specific use of the donation.

However, the donor may identify a specific purpose for the use of the donation, so long as the donor does not designate a specific official(s) who may use the donation. 3) The City Clerk shall obtain documentation concerning the donation within 30 days of the receipt of the donation by the agency and shall retain such records for the period of time prescribed by law for such record retention.

SECTION 4. Certification.
1) This Resolution replaces Resolution No. 2981-07.
2) The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED on this 7th day of May, 2024. _____________________________________
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 7th day of May, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________________
Yvette Mayfield, MMC
City Clerk

KERN COUNCIL OF GOVERNMENTS
Regional Surface Transportation Program (RSTP)
2021 PROJECT APPLICATION
CITY OF TAFT – 10TH STREET REHABILITATION – SITE MAP

PROJECT SITE
Pilgrim Ave.

Kern St.

Bike/Ped
Path
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT NEW

ALTERNATIVE FUEL VEHICLE PURCHASE GRANT PROGRAM
SUMMARY STATEMENT:

The San Joaquin Valley Air Pollution Control District is currently offering a New Alternative Fuel Vehicle Purchase Program through their Public Benefit Grants Program. Through this program a public agency can qualify for up to $20,000 per vehicle for the purchase of up to five (5) new alternative fuel vehicles.

The Administration at City Hall needs another commuter vehicle for purposes of City business and through this grant we can purchase a program approved hybrid vehicle.

The city will be required to enter into a three-year contract with the SJVAPCD to maintain and insure the vehicle and to submit required reports during the three-year contract term.

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

TAFT APPROVING AND AUTHORIZING AN APPLICATION TO THE SAN JOAQUIN VALLEY AIR

POLLUTION CONTROL DISTRICT PUBLIC BENEFIT GRANTS PROGRAM UNDER THE NEW

ALTERNATIVE FUEL VEHICLE PURCHASE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

IMPACT ON BUDGET (Y/N): Any cost over the grant amount will be budgeted in the 2024- 2025 budget.

ATTACHMENT (Y/N): Yes - Resolution
PREPARED BY: Grant Administrator
RESOLUTION NO. 4234-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING AND AUTHORIZING AN APPLICATION TO THE SAN

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC

BENEFIT GRANTS PROGRAM UNDER THE NEW ALTERNATIVE FUEL

VEHICLE PURCHASE PROGRAM AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL DOCUMENTS
WHEREAS, San Joaquin Valley Air Pollution Control District through their Public Benefit Program offers a New Alternative Fuel Vehicle Purchase Grant, and WHEREAS, the City of Taft is eligible to receive grant funds of up to $20,000 per vehicle with a maximum funding of no more than five vehicles at $100,000 total grant and agrees to pay the additional funds if needed for the purchase of any of the vehicles chosen by the city for purchase through the grant, and
WHEREAS, the City of Taft acknowledges the vehicle maintenance and reporting requirements for the grant and wishes to apply for this grant funding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft hereby authorizes the submittal of an application to San Joaquin Valley Air Pollution Control District for participation in the New Alternative Fuel Vehicle Purchase Program for purchase of no more than five vehicles an amount not to exceed $100,000 and authorizes the City Manager to execute all documents on behalf of this grant.

PASSED, APPROVED AND ADOPTED on this 7th day of May, 2024. __________________________
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 meeting thereof held on the 7th day of May, 2023, 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: MAY 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

APPROVAL OF STREET CLOSURES FOR THE SPRING SPORTS MERCHANT PARADE ON MAY 18, 2024
SUMMARY STATEMENT:

The City has received a request from the West Side Recreation & Park District for street closures for the 2024 Spring Sports Merchant Parade to be held on Saturday, May 18, 2024.

The following streets have been designated for closure from 9:30 a.m. until 10:30 a.m. • Main Street from 6th Street to 10th Street
• Center Street from 4th 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 2024 SPRING SPORTS MERCHANT PARADE and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes – Resolution, Letter to City Council, and Map PREPARED BY: Public Works
RESOLUTION NO. 4235-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2024 SPRING SPORTS MERCHANT PARADE
WHEREAS, the West Side Recreation & Park District has requested street closures for the Spring Sports Merchant Parade scheduled from 9:30 a.m. to 10:30 a.m. May 18, 2024; 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 9:30 a.m. until 10:30 a.m. on May 18, 2024:
 Main Street from 6th Street to 10th Street
 Center Street from 4th Street to 8th Street
 8th Street from Center Street to Main Street
PASSED, APPROVED, AND ADOPTED this 7th day of May, 2024 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 7th day of May, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Yvette Mayfield, MMC
City Clerk

City of Taft
209 E. Kern Street
Taft, CA 93268
Dear City of Taft:

The West Side Recreation & Park District is requesting temporary street closures and no parking signs for our Spring Sports Merchant parade on Saturday, May 18, 2024, at 10:00 AM. We are also requesting any fees to be waived.
• Main Street from 6th St. to 10th St.
• Center Street from 4th St. to 8th St.
• 8th Street from Center St. to Main St.

All the closures will be between the hours of 9:30 AM to 10:30 AM.

I have included the encroachment permit application and proof of insurance.

Following the parade, we will host a celebration at the Taft Fox Theater, with free movie entry for athletes. We warmly invite the Taft community to join us in the celebration.

We appreciate your consideration of our request and look forward to the opportunity to bring our community together through this celebratory event.

Thank you for your assistance.

Sincerely,
Mathew FullerMATT FULLE
Mathew Fuller
Recreation Supervisor
West Side Recreation & Park District
500 Cascade Place Taft, CA 93268
District Office: 661-763-7017 Recreation Center: 661-765-6677 [email protected] www.wsrpd.com
REVIEWED BY:

CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:

City of Taft Agenda Report
DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

SPECIAL EVENT PERMIT– WEST SIDE RECREATION AND PARK DISTRICT’S YOUTH BASEBALL

AND PONYTAIL SOFTBALL SPRING SPORTS MERCHANT PARADE EVENT ALONG CENTER STREET ON SATURDAY, MAY 18, 2024.

SUMMARY STATEMENT:

Staff received a special event application and letter from Matthew Fuller, Recreation Coordinator for the West Side Recreation and Park District (WSRPD), for the Spring Sports Merchant Parade on Saturday, May 18, 2024. The WSRPD is requesting that Center Street be blocked between 4th and 8th Streets and Main Street from 6th to 10th Streets from 9:30 AM to 10:30 AM which includes the parade setup and procession down Center Street. The parade will follow the traditional eastward route along Center Street, starting at 8th Street and ending at 4th Street. The parade of youth athletes will then head south on 4th Street with their end staging at the parking lot at the northwest corner of 4th and Main Streets. The youth athletes will then walk back towards and into the Fox Theater, which will provide a free movie for the athletes. The WSRPD is welcoming all to view the parade along Center Street and to join them for the celebration at the Fox Theater.

The WSRPD, a non-profit organization, is requesting the Special Event fees be waived by City Council so funds can be dedicated towards other event costs.

Conditions of approval:

1. $2,000,000 liability insurance naming City of Taft as certificate holder

2. Signed encroachment permit/ Hold Harmless

3. Clean up of all trash and debris at the conclusion of the event.

RECOMMENDED ACTION:

Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT 2024-02 FOR THE WEST SIDE RECREATION AND

PARK DISTRICT TO HOLD A SPRING SPORTS MERCHANT PARADE ALONG CENTER STREET FROM 9:30 AM TO 10:30 AM ON SATURDAY, MAY 18, 2024 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

FUNDING SOURCE: N/A
ATTACHMENT (Y/N): Resolution, West Side Recreation and Park District Letter (dated April 24, 2024), Parade Route Map, Special Event Application, Certificate of Liability Insurance
PREPARED BY: Mark Staples, Director, Planning & Development Services RESOLUTION NO. 4236-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT 2024-02 FOR THE WEST SIDE RECREATION AND

PARK DISTRICT TO HOLD A SPRING SPORTS MERCHANT PARADE ALONG CENTER STREET FROM 9:30 AM TO 10:30 AM ON SATURDAY, MAY 18, 2024 WHEREAS, the West Side Recreation and Park District has submitted a letter requesting to hold a Spring Sports Merchant parade along Center Street on Saturday, May 18, 2024, from 9:30 AM to 10:30 AM; and
WHEREAS, the WSRPD requests that all Special Event fees shall be waived as they are a non-profit entity seeking to direct all funds towards the enjoyment of the youth athletes and their families, and to ensure an festive day for all who attend; and WHEREAS, The WSRPD shall be responsible for clean up all trash and debris at the conclusion of event activities; and
NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the special event and encroachment permit as follows:

SECTION 1. The City Council hereby makes the following Special Event findings:

1. The operation of the requested special event at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

2. The proposed site is adequate in size and shape to accommodate the special event without being materially detrimental to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the special event will or could reasonably be expected to generate; and

4. Adequate temporary parking to accommodate vehicular traffic to be generated by the special event will be available either on site or at alternate locations acceptable to the planning and community development department.

SECTION 2. The City Council hereby approves the requested waiver of fees along with Special Event No. 2024-02 and Encroachment Permit with the conditions of approval set forth in this resolution as follows:

1. The Special Event is approved for the following times:

Street Closures: Saturday, May 18, 2024 at 9:00 AM,
Event time: Saturday, May 18, 2024, Parade from 9:30 AM to 10:30 AM Street Closures Removed: Saturday, May 18, 2024 by 11:00 AM

2. The West Side Recreation and Park District shall provide sufficient evidence of $2,000,000 liability insurance naming the City of Taft as certificate holder.

3. The WSRPD shall remove all trash from the area at the conclusion of the special event.

Resolution No. 4236-24

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED this 7th day of May, 2024 ________________________________
Dave Noerr, Mayor
ATTEST:
_______________________________________
Yvette Mayfield, MMC
City Clerk

STATE OF CALIFORNIA )

COUNTY OF KERN ) SS

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________________
Yvette Mayfield, MMC
City Clerk

Page 1 ends

Planning and Development Services Department
209 E. Kern Street, Taft, CA 93268
Phone: (661) 763-1222 Fax: (661) 765-2480
Email: [email protected]
www.cityoftaft.org

APPLICATION FOR SPECIAL EVENTS PERMIT
Application No: 2024-02 Date Received: Fee Paid $
Receipt No: Received by:

In order to expedite processing of this Special Event Permit Application, and to eliminate unnecessary delays to the applicant, Planning Staff will not accept this application unless all items have been checked off and this application form has been signed and dated. In addition, all information is to be submitted in a neat and legible format and all drawings are to be drawn to scale. In the event errors or omissions are discovered, the application will be deemed incomplete and will be returned to the applicant for revision.

APPLICATION IS HEREBY MADE TO THE PLANNING DEPARTMENT THAT:

Property Owner (attach sheet if more than one property owner) Name: Phone No.:

Address: Cell No.:

City: State: Zip:

Applicant (attach sheet if more than one applicant)
Name: Phone No.:

Address: Cell No.:

City: State: Zip:

BE GRANTED A SPECIAL EVENT PERMIT TO:

Property location or address:

Assessor’s Parcel Number(s):

Legal Description of property(ies):

General Plan Land Use Designation:

Zoning of the Subject Property:

West Side Recreation & Park District 661-763-7017 (Office) 500 Cascade Place
Taft CA 93268
661-623-0436 (Cell) Matt Fuller
Center Street (Partial), Rails to Trails at 8th & Main & Fox St. Front West Side Recreation & Park District
Youth Baseball Closing Ceremonies Parade, Pictures

Page 2 ends

NOTE TO APPLICANT: Please check each of the following items when completed and made a part of this application.
 Property Owner’s signed authorization
 A site plan indicating the following: location and boundaries of the property, dimensions of all lot lines, names and location of all bordering streets and alleys, size and dimensions of all on-site buildings (existing and proposed), design and layout of vehicular access, on-site parking and loading areas, location of trash bins, location of all free standing signs (existing and proposed), location of all walls or fences, direction of existing and proposed drainage, scale, north arrow and date.  Depict all on-site signs (existing and proposed); including size, height, material, color and lighting.
 Building Permits (for Circuses/Carnivals).
 Business Licenses (for Circuses/Carnivals).

CITY STAFF REVIEW OF EACH SPECIAL EVENT PERMIT APPLICATION WILL INVOLVE CONSIDERATION OF THE FOLLOWING FACTORS:

1. Compliance with all applicable requirements of the City’s General Plan, Zoning Ordinance and Development Standards.

2. Compliance with the California Environmental Quality Act.

Authority for approval of special events permit shall be vested with the Project Assistance Team.

However, City Council approval shall be required for issuance of a special event permit for any event anticipated to accommodate 50 or more persons at any given time.

APPLICANT'S SIGNATURE AND DATE INDICATES COMPLETION AND

INCORPORATION OF THE ABOVE MENTIONED ITEMS INTO THIS SPECIAL EVENTS PERMIT APPLICATION.

I certify that I am the record owner or authorized agent and that the information filed is true and correct to the best of my knowledge.

Applicant’s Signature Date
Owner’s Signature Date
Is this event a fund raiser:  Yes  No
Name of Non-profit:

Contact name: Phone No.:

Applicant’s Signature Date
Mathew Fuller 12/14/2023
x
West Side Recreation & Park District
Matt Fuller 661-623-0436
Mathew Fuller 12/14/2023
X
X

ISSUE DATE
CERTIFICATE OF COVERAGE 06/29/2023
Public Risk Innovation,
Solutions, and Management

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A

CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

C/O ALLIANT INSURANCE SERVICES, INC.
18100 VON KARMAN AVENUE, 10TH FLOOR
IRVINE, CA 92612
PHONE (949) 756-0271 / FAX (619) 699-0901
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

AI
Coverages

THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR

THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF COVERAGE MEMORANDUM
NUMBER

COVERAGE EFFECTIVE
DATE

COVERAGE EXPIRATION

DATE LIABILITY LIMITS
Cancellation

AUTHORIZED REPRESENTATIVE
Public Risk Innovation, Solutions, and Management
Member:

Certificate Holder

WEST SIDE RECREATION AND PARK DISTRICT IS A MEMBER OF CALIFORNIA ASSOCIATION FOR PARK AND RECREATION INDEMNITY- (CAPRI)

COVERAGE

AFFORDED

COVERAGE

AFFORDED

COVERAGE

AFFORDED

COVERAGE

AFFORDED
A- Public Risk Innovation, Solutions, and Management
B
C
D
Description of Operations/Locations/Vehicles/Special Items:

AS RESPECTS AGREEMENT BETWEEN WEST SIDE RECREATION AND PARK DISTRICT AND LITTLE LEAGUE BASEBALL, INCORPORATED FOR THE LITTLE LEAGUE PROGRAM. COVERAGE IS INCLUDED UP TO $1,000,000 FOR CLAIMS MADE BY ATHLETIC PARTICIPATIONS AND

CLAIMS OF SEXUAL ABUSE/MOLESTATION WITH NO REDUCTION IN BENEFITS UNDER G/L WITH REGARDS TO CLAIMS OF SEXUAL ABUSE/MOLESTATION SUBJECT TO TERMS, CONDITIONS AND EXCLUSIONS OF THE MEMORANDUM OF COVERAGE.

WSRPD LITTLE LEAGUE AND LITTLE LEAGUE BASEBALL, INCORPORATED ARE INCLUDED AS ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.

CALIFORNIA ASSOCIATION FOR PARK AND

RECREATION INDEMNITY-(CAPRI)
ATTN: MATTHEW DUARTE
1075 CREEKSIDE RIDGE DRIVE, SUITE 240
ROSEVILLE, CA 95678

WSRPD LITTLE LEAGUE
500 CASCADE PLACE
TAFT, CA 93268
LICENSE #0C36861
CERTIFICATE NO.

GL1-957
PAGE 1 OF 2

SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS.

WSRPD LITTLE LEAGUE
Excess General Liability PRISM PE 23 EL-79 07/01/2023 07/01/2024 $2,000,000 Limits inclusive of the
Member's Self-Insured
Retention of $1,000,000
X
[email protected]

CALIFORNIA ASSOCIATION FOR PARK AND RECREATION INDEMNITY- (CAPRI)
PARDE

WEST SIDE RECREATION AND PARK DISTRICT

ISSUE DATE
CERTIFICATE OF COVERAGE 06/29/2023

CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the Memorandums of Coverage/Policies must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

Coverages

THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD

INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS.

CO
LTR

TYPE OF COVERAGE MEMORANDUM
NUMBER

COVERAGE EFFECTIVE
DATE

COVERAGE EXPIRATION

DATE LIABILITY LIMITS
Certificate Holder Cancellation

COVERAGE
AFFORDED BY:

B
C
ATTN: MATTHEW DUARTE
1075 CREEKSIDE RIDGE DRIVE, SUITE 240
ROSEVILLE, CA 95678

WSRPD LITTLE LEAGUE
500 CASCADE PLACE
TAFT, CA 93268
CAPRI-957
CERTIFICATE NO.

WSRPD LITTLE LEAGUE AND LITTLE LEAGUE BASEBALL, INCORPORATED ARE INCLUDED AS ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.

Primary Insurance Provided by:

WEST SIDE RECREATION AND PARK DISTRICT
CAPRI 2023-24 GL
CAPRI MEMBER:

AUTHORIZED REPRESENTATIVE

A - CALIFORNIA ASSOCIATION FOR PARK RECREATION

INDEMNITY
Description of Operations/Locations/Vehicles/Special Items:

WSRPD LITTLE LEAGUE

SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES

BE CANCELLED BEFORE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS

WEST SIDE RECREATION AND PARK DISTRICT
[email protected]

CALIFORNIA ASSOCIATION FOR PARK AND

RECREATION INDEMNITY-(CAPRI)
Difference between
members self-insured
retention and $1,000,000
A X General Liability 07/01/2023 07/01/2024 $1,000,000
ENDORSEMENT NO. 1
It is agreed that the “PERSONS OR ENTITIES COVERED” section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated.

CALIFORNIA ASSOCIATION FOR PARK AND RECREATION INDEMNITY (CAPRI)

ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract.

Additional Covered Party:

NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF

COVERAGE
As Respects:

PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that nothing herein shall act to increase CAPRI’s limit of liability.

This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged.

Effective Date: Memorandum No.:

Issued to:

Issue Date:

Authorized Representative
California Association for Park and Recreation Indemnity (CAPRI)

ALL MEMBER DISTRICTS
July 01, 2023 CAPRI 2023-24 GL
June 29, 2023
REVIEWED BY:

CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:

City of Taft Agenda Report
DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

FINAL PARCEL MAP APPROVAL FOR TENTATIVE PARCEL MAP NO. 12501 SUMMARY STATEMENT:

David Church of NNN Development has submitted the Final Map for Tentative Parcel Map No. 12501 (TPM 12501), for the subdivision of a parcel of land, identified as Assessor’s Parcel Number 032-220-16, into 4 parcels within the General Commercial (GC) zone district along Gardner Field Road. Parcel 1 completes the formal road dedications for State Highway 119 and Gardner Field Road. Parcel 3 contains the developed limits of a new Dollar General retail store that completed construction and began operations in 2023.

The City Engineer/City Surveyor has reviewed the Final Parcel Map and has deemed them ready to record.

RECOMMENDED ACTION:

Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING FINAL PARCEL MAP NO. 12501 AND AUTHORIZING THE CITY ENGINEER TO RECORD THE MAP and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

FUNDING SOURCE: N/A
ATTACHMENT (Y/N): Resolution
Final Parcel Map No. 12501
PREPARED BY: Mark Staples, Director, Planning & Development Services RESOLUTION 4237-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING FINAL PARCEL MAP NO. 12501 AND AUTHORIZING THE CITY ENGINEER TO

RECORD THE MAP
WHEREAS, the City Council has received the Final Map for Tentative Parcel Map No. 12501, for the subdivision of a parcel into 3 commercial lots and street dedications, filed by NNN Development.; and
WHEREAS, the Planning Commission approved the Vesting Tentative Parcel Map on February 8, 2023, to subdivide approximately 4.78 acres into 3 commercial lots and street dedications on a parcel of land identified as APN 032-220-16, located on the north side of Gardner Field Road and east of Highway 119; and
NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the Final Map as follows:

Section 1. The applicant complies with the Conditions of Approval of Resolution 2023-01 adopted on February 8, 2023
Section 2. The City Council directs the City Engineer to record the Final Map PASSED, APPROVED, AND ADOPTED this 7th day of May, 2024 ________________________________
Dave Noerr, Mayor
ATTEST:
______________________________________
Yvette Mayfield, MMC
City Clerk

STATE OF CALIFORNIA )

COUNTY OF KERN ) SS

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_____________________________________
Yvette Mayfield, MMC
City Clerk

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON

A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF NNNDG26 LLC, IN APRIL OF 2023. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY

CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. THE MONUMENTS ARE OF THE CHARACTER AND IN THE LOCATIONS

SHOWN HEREON AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

________________________________________ ____________________ NEIL E. THONESEN, PLS 8656 DATE LICENSE EXPIRES 12-31-2023

OWNER'S STATEMENT

WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR

INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN

UPON THIS MAP, AND THAT EXCEPT AS SHOWN ON THIS MAP AND CERTIFICATES MADE A

PART HEREOF, WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A

CLEAR TITLE TO SAID PROPERTY AND WE CONSENT TO THE MAKING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINES.

WE ALSO HEREBY DEDICATE TO THE CITY OF TAFT A 15.00' WIDE IRREVOCABLE OFFER OF

DEDICATION OF AN EASEMENT FOR INGRESS, EGRESS, AND ROAD PURPOSES OVER AND ACROSS GARDNER FIELD ROAD, AS SHOWN HEREON.

NNNDG26 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
__________ ____________________ ____________________________ NAME AND TITLE DATE

CITY ENGINEER'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIVISION SHOWN

IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP

AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE

SUBDIVISION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
________________________________________ ____________________ JUAN M. PATOJA, RCE, DATE

CITY OF TAFT - CITY ENGINEER
R.C.E. 64740

RECORDER'S CERTIFICATE
DOCUMENT NO. ________________________________ FEE __________ FILED THIS _______ DAY OF ________________, 20___, AT ______, ___.M. IN BOOK _____, OF PARCEL MAPS, AT PAGE(S) ___________________________, KERN COUNTY RECORDS AT THE REQUEST OF____________________________________________ BY: __________________________________________

KERN COUNTY ASSESSOR-RECORDER

CITY SURVEYOR'S STATEMENT
I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY

THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT

AND LOCAL ORDINANCES APPLICABLE HAVE BEEN COMPLIED WITH AND THAT I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.

BY: _________________________________________ _________________ WILEY D. HUGHES,

CITY OF TAFT - SURVEYOR
L.S. 3779
PARCEL MAP NO. 12501

DATE OF SURVEY
JOB NO.

DRAWN BY

REVISION DATE

DRAWING NAME

LOCATION
04/20/2023
22059
NET
10/31/2023

PARCEL MAP

TAFT, CA
BASE
CONSULTING GROUP, INC.
1713 11TH STREET, SUITE 1
REEDLEY, CA 93654
PH:(559) 637-1544
THAT PORTION OF CERTAIN PATENTED PLACER MINING CLAIM KNOWN AS THE ELI NO. 2 PLACER MINING CLAIM DESCRIBED IN THE PATENT AS LOTS 1 AND 2 OR THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 32 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF TAFT, COUNTY OF KERN, STATE OF CALIFORNIA.

IN THE CITY OF TAFT, COUNTY OF KERN, STATE OF CALIFORNIA

NOTARY ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF _____________________
COUNTY OF ____________________
ON ________________________________________ BEFORE ME, ____________________________, NOTARY PUBLIC, PERSONALLY APPEARED _____________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO

ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES),

AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

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

WITNESS MY HAND
SIGNATURE ________________________________ NAME ________________________________ COUNTY OF __________________________ MY COMMISSION EXPIRES ______________ COMMISSION NUMBER ______________________

VICINITY MAP
N.T.S.

SITECOMMERCE WAY
GARDNER FIELD RD.

HIGHWAY 119
HIGHWAY 33
AIRPORT RD.

CITY COUNCIL'S STATEMENT

THE CITY COUNCIL OF THE CITY OF TAFT HEREBY ORDERS THAT THE MAP OF PARCEL 12501 IS APPROVED BY THE CITY COUNCIL. IT DIRECTS THE CLERK OF THE

COUNCIL TO ENDORSE UPON THE FACE OF THE MAP THIS ORDER AUTHENTICATED BY THE SEAL OF THE CITY COUNCIL OF THE CITY OF TAFT, AND IT HEREBY WAIVES.

PURSUANT TO THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT.

THE REQUIREMENTS OF SIGNATURE OF THE EASEMENT HOLDER SHOWN HEREON ________________________________________ ____________________

CITY OF TAFT - CITY CLERK DATE

PLANNING CLERK'S CERTIFICATE

I HEREBY CERTIFY THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE

MAP AS CONDITIONALLY APPROVED BY THE PLANNING COMMISSION BY: ____________________________________ ____________________

CITY OF TAFT - PLANNING DIRECTOR DATE

SIGNATURE OMISSIONS

THE SIGNATURES OF THE PARTIES NAMED, HOLDERS OF AN INTEREST AS STATED HEREIN, HAVE BEEN OMITTED PURSUANT TO THE PROVISIONS OF SECTIONS 66436 (a)(3)(A)(i-viii) AND (a)(3)(C) OF THE

SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID

SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY

THE UNITED STATES OF AMERICA, HOLDER OF A RIGHT OF WAY FOR DITCHES AND CANALS IN THE PATENT RECORDED JUNE 28, 1913 IN BOOK 15 OF PATENTS, PAGE 344 AND RE-RECORDED DECEMBER 15, 1914 IN BOOK 18, PAGE 115 OF PATENTS AND CANNOT BE PLOTTED FROM RECORD.

COUNTY OF KERN, HOLDER OF AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES, RECORDED JANUARY 17, 1935 AS BOOK 550, PAGE 274, OF OFFICIAL RECORDS OF KERN COUNTY.

COUNTY OF KERN, HOLDER OF AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 27, 1939 AS BOOK 852, PAGE 424, OF OFFICIAL RECORDS OF KERN COUNTY

STATE OF CALIFORNIA, HOLDER OF AN EASEMENT FOR STATE HIGHWAY PURPOSES, RELINQUISHMENT OF ACCESS RECORDED DECEMBER 9, 1955 IN BOOK 2527, PAGE 162, OF OFFICIAL RECORDS OF KERN COUNTY.

CITY OF TAFT, HOLDER OF AN EASEMENT FOR SEWER AND APPURTENANCES AND INCIDENTAL PURPOSES, RECORDED AUGUST 25, 1989 AS BOOK 6280, PAGE 532, OF OFFICIAL RECORDS OF KERN COUNTY.

CITY OF TAFT, HOLDER OF AN EASEMENT FOR STORM DRAINAGE PIPE AND OUTLET STRUCTURE AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 16, 1993 AS BOOK 6909, PAGE 525, OF OFFICIAL RECORDS OF KERN COUNTY.

CITY OF TAFT, HOLDER OF AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES RECORDED SEPTEMBER 24, 1993 AS BOOK 6912, PAGE 1417, OF OFFICIAL RECORDS OF KERN COUNTY.

OCCIDENTAL OF ELK HILLS, INC, HOLDER OF AN EASEMENT FOR ALL ANCILLARY SURFACE RIGHTS AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 12, 1999 AS INSTRUMENT NO. 0199163321, OF OFFICIAL RECORDS OF KERN COUNTY, CANNOT BE PLOTTED FROM RECORD.

BUENA VISTA HILLS, LLC, AN EASEMENT THE EXPLORATION, EXTRACTION, PRODUCTION, PROCESSING

EXTRACTION, PRODUCTION, PROCESSING, TRANSPORTATION AND DEVELOPMENT OF SUCH MINERALS (INCLUDING OIL, GAS AND OTHER HYDROCARBONS) AND MINERAL RIGHTS RELATING THERETO, INCLUDING,

WITHOUT LIMITATION, THE RIGHT TO CONSTRUCT AND OPERATE SURFACE FACILITIES AND PERSONAL

PROPERTY RELATING THERETO AND THE RIGHT TO CONDUCT SEISMIC OPERATIONS AND INCIDENTAL PURPOSES, RECORDED ON JANUARY 26, 2000 AS INSTRUMENT NO. 0200009824, OF OFFICIAL RECORDS OF KERN COUNTY, CANNOT BE PLOTTED FROM RECORD.

SHEET 1 OF 2
E
5 8

15.00'
9 PARCEL 4
GROSS 2.69 ACRES
NET 2.16 ACRES
8 HIGHWAY 119
PARCEL 1 GROSS 1.23 ACRES NET 0.22 ACRES
N00°02'24"W (R1)
N00°02'08"W 30.00' 200.00'

30.00' (M&R2)
175.00'
1 3
4 7
6 PARCEL 2
GROSS 1.68 ACRES
NET 1.35 ACRES
PARCEL 3
GROSS 1.20 ACRES
NET 0.97 ACRES N00°14'24"W 230.00' S00°18'00"E 230.00'
316.94' 227.40'
227.64'
S00°18'00"E 30.00'
8 15.00'
S00°02'08"E 15.00'
D
N89°42'00"E 36.82'
GARDNER FIELD ROAD BASIS OF BEARING S89°42'00"W 2644.56' (R1) 175.00' (M&R2) 100.00'
N89°42'00"E 450.00' (M&R2)
C 100.00'
317.63' N00°02'08"W 2648.37' COMMERCE WAY ENTERPRISE WAY B S00°18'00"E 275.00'
450.14'
S89°42'00"W 317.60' S89°42'00"W 227.59' S89°42'00"W 509.59' N89°42'00"E 1053.94' 185.00' 185.00' 185.00' 185.00'
7 NOT A PART
2 2 2 2
2 8 45' 45' 30' 30'
450.00' (M&R2) 200.00' 185.00'

PORTION OF PATENTED PLACER MINING CLAIM
KNOWN AS THE ELI NO. 2 PLACER MINING CLAIM
DESCRIBED IN THE PATENT AS LOTS 1 AND 2 OF
SEC. 18, T. 32 S., R. 24 E., M.D.B.&M. 230.00'
N07°57'52"E 30.31'
Δ
=
2°0
9'18" R
=
3 6

71.0 0' L
=13

8.0 8'
N89°42'00"E 46.21'

33.59'
RAD. N83°01'05"W 60'
(COUNTY ROAD NO. 1100)
509.59'
509.59'
60'
20'
S89°42'00"W
1680.00' (M&R2) 230.00' 200.00'230.00'
60'
245.00' (M&R2)
(30.00' R2)
300.00' (M&R2) N00°02'08"W 330.00' S00°02'08"E 300.00' (300.00' R2) (69.91' R3)
(30.31' R3)
(141.41' M&R3)
N89°42'00"E 30'
N26°28'21"W 69.92'
WELL NO. 7
750' EAST OF WEST LINE
250' NORTH OF SOUTH LINE
INSTRUMENT NO. 10626
BOOK 3693, PAGE 377
REC. FEBRUARY 17, 1964
A
THAT PORTION OF CERTAIN PATENTED PLACER MINING CLAIM KNOWN AS THE ELI NO. 2 PLACER MINING CLAIM DESCRIBED IN THE PATENT AS LOTS 1 AND 2 OR THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 32 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF TAFT, COUNTY OF KERN, STATE OF CALIFORNIA.

SCALE: 1" = 80'
4 PARCELS - CONTAINING 6.8 ACRES
Feet
0 80 160
LEGEND

FOUND AND ACCEPTED MONUMENT AS NOTED HEREON
SET 3/4" IRON PIPE CAPPED "PLS 8656", DOWN 3"
(R1) RECORD AND CALCULATED DIMENSIONS PER RECORD OF SURVEY, FILED IN BOOK 9 OF RECORD OF SURVEYS, AT PAGE 92, KERN COUNTY RECORDS. (R2) RECORD DIMENSIONS PER GRANT DEED RECORDED JULY 9, 2014, AS DOCUMENT NO. 000214078537, OFFICIAL RECORDS OF KERN COUNTY. (R3) RECORD DIMENSIONS PER DOCUMENT RECORDED DECEMBER 9, 1955 AS BOOK 2527, PAGE 162, OFFICIAL RECORDS OF KERN COUNTY.

N.O.R. NOT OF RECORD

BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 32 SOUTH, RANGE 23 EAST, AS SHOWN ON RECORD OF SURVEY, FILED IN BOOK 9 OF RECORD OF SURVEYS, AT PAGE 92, KERN COUNTY RECORDS. TAKEN TO BEAR: NORTH 89° 42' 00" EAST

EASEMENT TABLE
1 60' WIDE EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES, RECORDED JANUARY 17, 1935 AS BOOK 550, PAGE 274, OF OFFICIAL RECORDS.
2 30' WIDE EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 27, 1939 AS BOOK 852, PAGE 424, OF OFFICIAL RECORDS.
3 VARIABLE-WIDTH EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES, RECORDED DECEMBER 9, 1955 AS BOOK 2527, PAGE 162, OF OFFICIAL RECORDS.
4 ABUTTER'S RIGHTS OF INGRESS AND EGRESS TO OR FROM STREET,

HIGHWAY, OR FREEWAY HAVE BEEN RELINQUISHED IN THE DOCUMENT RECORDED DECEMBER 9, 1955 AS BOOK 2527, PAGE 162, OF OFFICIAL RECORDS.
5 20' WIDE EASEMENT FOR SEWER AND APPURTENANCES AND
INCIDENTAL PURPOSES, RECORDED AUGUST 25, 1989 AS BOOK 6280, PAGE 532, OF OFFICIAL RECORDS.
6 55' WIDE EASEMENT FOR STORM DRAINAGE PIPE AND OUTLET
STRUCTURE AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 16, 1993 AS BOOK 6909, PAGE 525, OF OFFICIAL RECORDS.
7 15' WIDE EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 24, 1993 AS BOOK 6912, PAGE 1417, OF OFFICIAL RECORDS.
8 15' WIDE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES, BY THIS MAP.
9 60' WIDE EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED _______________________ AS DOCUMENT NO. _____________________, OF OFFICIAL RECORDS.

SUBDIVISION BOUNDARY LINE

EASEMENT LINE

ADJACENT LOT LINE
FOUND 4" BRASS CAP, UP 1", ACCEPTED AS THE
WEST QUARTER CORNER OF SECTION 18-32/24

PER KERN COUNTY CORNER RECORD DATED
9-15-1993 CODE 32-23-13-2

SECTION LINE
N00°13'20"W

50.00' (M&R1)

MONUMENT TABLE
A FOUND 4" BRASS CAP, UP 3", ACCEPTED AS A 50' WITNESS CORNER TO THE SOUTH ONE - QUARTER CORNER PER (R1)
B FOUND 4" BRASS CAP, DOWN 12", ACCEPTED AS A 50'
WITNESS CORNER TO THE SOUTHWEST CORNER OF SECTION 18 PER (R1) C FOUND 2" IRON PIPE, WITH HUB AND TACK AND TAG STAMPED "LS 3779", DOWN 1" N.O.R.

D FOUND 5/8" REBAR CAPPED "LS 4383", DOWN 4" N.O.R.

E FOUND 2" IRON PIPE WITH HUB AND TACK INSIDE, DOWN 8" N.O.R.

50.00'
PARCEL MAP NO. 12501
N89°41'39"E 964.56'
SHEET 2 OF 2

ACCESS RELINQUISHMENT

WELL LOCATION

MEASUREMENTS FROM THE SW
CORNER OF SECTION 18, 32S/24E

API NUMBER WELL NUMBER TIES
029-07210 7 750' EAST 250' NORTH
WELL
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

SB-1 CITY OF TAFT PROJECT FOR FISCAL YEAR 2024/2025
SUMMARY STATEMENT:

SB-1 requires that all projects proposing to use SB-1 funding are named in the budget and acknowledged by resolution to be considered for funding. The city has a Pavement Management Plan and has worked to prioritize and improve the pavement condition throughout the city using various funding sources including the city’s general fund. This project will prioritize 4th Street from Kern Street to Ash Street for road surface re-construction.

Fiscal Year 2024/ 2025 apportionment estimate: $ 222,577 Project: 4th Street Asphalt Overlay Project
Cost Estimate: $525,000 Multi-program funded project (Local, HUTA, RSTP, and SB-1)

RECOMMENDED ACTION
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3)and Section 15378 of the CEQA Guidelines.

IMPACT ON BUDGET (Y/N): N
ATTACHMENT (Y/N): Resolution
PREPARED BY: Public Works Department
RESOLUTION NO. 4238-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of The City of Taft are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Taft must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Taft, will receive an estimated $222,577 in RMRA funding in Fiscal Year 2024-25 from SB 1; the city wishes to continue the multi-year project to resurface a portion of 4th Street in Taft.

WHEREAS, this is eighth year in which the City of Taft is receiving SB 1 funding and will enable the city to continue its pedestrian and transportation maintenance improvements along 4th Street from Kern Street to Ash Street, for the traveling public; and WHEREAS, the city used an Pavement Management plan to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the city maintain and rehabilitate roadways throughout the city this year and many similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Taft’s streets and roads are in an poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an at risk condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure.

Resolution No. 4238-24

Page 2 of 2 ends

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Taft, State of California, as follows:

1. The foregoing recitals are true and correct.

2. This continued multiyear project which will be funded in-part with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in addition to HUTA and RSTP funding.
4th Street Asphalt Overlay Project: Grind and replace asphalt Location: 4th street from Kern Street to Ash Street
Useful life 5-10 years
Project start date: December 3, 2023- Project completion July 31, 2025 PASSED, APPROVED AND ADOPTED this 7th day of May 2024.

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 7th day of May, 2024.

AYES: COUNCIL MEMBERS:

NAYS: 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: May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

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

REHABILITATION FROM XWALK AT BIKE/PED PATH TO KERN ST. PROJECT TO BOWMAN ASPHALT, INC.

SUMMARY STATEMENT:

Through Kern COG, the City of Taft was allotted $251,000 in Federal funds under the Regional Surface Transportation (RSTP) program funding. These RSTP funds are being used for the road rehabilitation of 10th Street from the crosswalk at the bike/ped (Rails to Trails) path to Kern Street (SR 33). The project will grind 2 inches of existing roadway surface, install a hot mix asphalt overlay and will upgrade traffic stripes, pavement markings, and roadside signs. See attached site map.

The City published a Notice to Contractors, for Constructions bids on March 19, 2024, and on April 18, 2024 at 2:00 PM. the City Clerk opened sealed bids. A total of seven (7) bids were received. The following is the tabulation of the bids received:

Company Bid Amount
Bowman Asphalt $286,800.00
Kern Asphalt $312,679.37 Nonresponsive – failed
to attach Addendum 1
Westrock LLC $323,323.00
Griffith Company $349,395.00
Burtch Construction $363,616.00
R.C. Becker $379,312.48
Granite Construction $439,941.00
Attached is the Bid Summary.

The office of the City Engineer has reviewed and qualified the lowest responsive and responsible bidder, Bowman Asphalt, Inc. The City is allowing 20 working days for the contractor to complete the project.

Council Agenda Report
May 7, 2024

Page 2 of 2 ends

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER

RECOMMENDED ACTION

1. Motion to accept the lowest responsive and responsible bid, award the project, and to approve a construction agreement with Bowman Asphalt, Inc. for the 10th St. Rehabilitation from crosswalk at bike/ped path to Kern St. project – STPL 5193 (044), and to authorize the Mayor to execute said agreement; and

2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3).

IMPACT ON BUDGET (Y/N): Yes, HUTA Funds
ATTACHMENT (Y/N): Yes – (Agreement, Bid Summary and Site Map) PREPARED BY: Craig Jones – City Manager
Costs: Construction Subtotal: $ 286,800.00
10% Contingency: $ 28,680.00
Total Construction Cost: $ 315,480.00
Funding: Federal Funds - (RSTP): $ 251.000.00
HUTA Funds: $ 64,480.00
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 1 of 39

AGREEMENT

CITY OF TAFT
THIS Agreement, made and entered into this _7th_ day of _May_, 2024, by and between the City of Taft, hereinafter called “City”, and Bowman Asphalt, Inc. 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 except as otherwise provided in the Special Provisions, the Project will be administered and constructed in accordance with the 2023 State Of California Department Of Transportation Standard Plans And Standard Specifications. The 2023 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.

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

CITY OF TAFT

DEPARTMENT OF PUBLIC WORKS
10TH ST. REHABILITATION
Crosswalk at Bike/Ped Path to Kern St.

STPL – 5193 (044)
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. – STPL – 5193 (044) 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. – STPL – 5193 (044) 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 _$286,800.00_ 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 – Bowman Asphalt, Inc.

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)
Prohibition Of Certain Telecommunications And Video Surveillance Equipment And Services Federal Minimum Wage Rates
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 4 of 39 FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The designbuilder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.

Agreement: 10th St Rehab. – STPL – 5193 (044) 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. – STPL – 5193 (044) 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. – STPL – 5193 (044) 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)
a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics. As provided in paragraphs (d) and (e) of 29 CFR

5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 8 of 39 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met.

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

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally
assisted contract that is subject to Davis-Bacon labor
standards requirements and is held by the same prime
contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds
may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph Agreement: 10th St Rehab. – STPL – 5193 (044) Page 9 of 39

2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and
Hour Division website at
https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

Agreement: 10th St Rehab. – STPL – 5193 (044) Page 10 of 39 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with Agreement: 10th St Rehab. – STPL – 5193 (044) Page 11 of 39 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

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

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

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

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

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the 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. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

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

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

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or Agreement: 10th St Rehab. – STPL – 5193 (044) Page 12 of 39 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

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

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

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

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

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding 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;
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 13 of 39 (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 longstanding interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII.SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

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

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form 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."
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 14 of 39 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 15 of 39

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

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
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 Agreement: 10th St Rehab. – STPL – 5193 (044) Page 16 of 39 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * *

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

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

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

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

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

XII.USE OF UNITED STATES-FLAG VESSELS:

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

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

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

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

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

Agreement: 10th St Rehab. – STPL – 5193 (044) Page 17 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. – STPL – 5193 (044) Page 18 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 Agreement: 10th St Rehab. – STPL – 5193 (044) Page 19 of 39 U.S. Department of Transportation in accordance and in compliance with all requirements imposed by 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 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):

Agreement: 10th St Rehab. – STPL – 5193 (044) Page 20 of 39 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 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).

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.

Agreement: 10th St Rehab. – STPL – 5193 (044) Page 21 of 39 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. – STPL – 5193 (044) Page 22 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. – STPL – 5193 (044) Page 23 of 39 "General Decision Number: CA20240020 02/23/2024
Superseded General Decision Number: CA20230020
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)(1).

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 $17.20 per hour (or the
applicable wage rate listed on this wage
determination, if it is higher) for all hours spent
performing on the contract in 2024.

If the contract was awarded on 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 $12.90 per hour (or
the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent
performing on that contract in 2024.

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

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

Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 02/09/2024
3 02/23/2024
ASBE0005-001 09/01/2023

INYO AND KERN
Rates Fringes
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97 20.36
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
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 24 of 39 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 02/01/2023
MONO
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 62.26 23.82
---------------------------------------------------------------- BOIL0092-005 01/01/2024

INYO AND KERN
Rates Fringes
BOILERMAKER......................$ 51.98 42.11
---------------------------------------------------------------- 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 ($3.00) above the standard San Bernardino/Riverside County hourly wage rate
---------------------------------------------------------------- BRCA0018-010 09/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 38.37 14.13
TERRAZZO WORKER/SETTER...........$ 46.49 14.66
---------------------------------------------------------------- BRCA0018-011 06/01/2022
Rates Fringes
TILE LAYER.......................$ 45.05 18.33
---------------------------------------------------------------- BRCA0018-012 06/01/2022
KERN
Rates Fringes
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 25 of 39 MARBLE FINISHER..................$ 37.87 14.13
TILE FINISHER....................$ 32.44 12.54
---------------------------------------------------------------- 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): $0.13 per hour additional. ---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15
---------------------------------------------------------------- ELEC0428-001 01/01/2024
Rates Fringes

CABLE SPLICER
China Lake Naval Weapons
Center, Edwards AFB.........$ 67.15 3%+20.19
Remainder of Kern County....$ 59.02 3%+20.19

ELECTRICIAN
China Lake Naval Weapons
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 26 of 39 Center, Edwards AFB.........$ 61.78 3%+20.19
Remainder of Kern County....$ 53.65 3%+20.19
---------------------------------------------------------------- ELEC0428-003 01/01/2024

COMMUNICATIONS AND SYSTEMS WORK

KERN COUNTY
Rates Fringes
Communications System
Installer
China Lake Naval Weapons
Center.....................$ 51.10 3%+19.64
Edwards AFB................$ 47.59 3%+19.64
KERN COUNTY................$ 41.46 3%+19.64
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, multi-media, 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
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- * ELEV0018-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 66.63 37.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service.

Agreement: 10th St Rehab. – STPL – 5193 (044) Page 27 of 39 b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-004 08/01/2023
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 34.60
(2) Dredge dozer............$ 58.13 34.60
(3) Deckmate................$ 58.02 34.60
(4) Winch operator (stern
winch on dredge)............$ 57.47 34.60
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 34.60
(6) Barge Mate..............$ 57.54 34.60
---------------------------------------------------------------- * ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment (All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment (Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:

Agreement: 10th St Rehab. – STPL – 5193 (044) Page 28 of 39 $10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);Coil Tubing Rig Operator, Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable);Direct Push Operator (Geoprobe or similar types) Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubbertired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator (excluding handheld); Cable Trenching Machine Operator (Spider Plow or similar types) Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types) Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds.

Agreement: 10th St Rehab. – STPL – 5193 (044) Page 29 of 39 struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type selfloading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubbertired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator Agreement: 10th St Rehab. – STPL – 5193 (044) Page 30 of 39 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); Kcrane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator

ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue Agreement: 10th St Rehab. – STPL – 5193 (044) Page 31 of 39 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
---------------------------------------------------------------- IRON0155-002 01/01/2024
INYO and MONO COUNTIES
Rates Fringes
IRONWORKER.......................$ 41.00 34.20
PREMIUM PAY:
$9.00 additional per hour at the following locations: China Lake Naval Test Station, Edwards AFB ---------------------------------------------------------------- IRON0155-003 01/01/2024

KERN COUNTY
Rates Fringes
IRONWORKER.......................$ 47.45 34.90
PREMIUM PAY:
$9.00 additional per hour at the following locations: China Lake Naval Test Station, Edwards AFB ---------------------------------------------------------------- LABO0220-002 07/01/2022
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 32 of 39

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, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder 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 Agreement: 10th St Rehab. – STPL – 5193 (044) Page 33 of 39 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

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

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
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 35 of 39 Rates Fringes
Laborers: (HORIZONTAL DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32

LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- PAIN0036-009 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 42.15 23.52
---------------------------------------------------------------- PAIN0036-021 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Journeyman Painter......$ 34.08 18.50
(2) Repaint.................$ 26.40 17.02
(4) All other work..........$ 34.08 18.50
(5) Industrial..............$ 41.42 19.04
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 01/01/2023
Rates Fringes
GLAZIER..........................$ 44.33 28.88
---------------------------------------------------------------- PAIN1247-001 01/01/2024
Rates Fringes
SOFT FLOOR LAYER.................$ 43.20 18.03
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 36 of 39 ---------------------------------------------------------------- PLAS0200-007 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64
U.S. MARINE CORPS-PICKLE MEADOW & MOUNTAIN WARFARE TRAINING CENTER: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91
---------------------------------------------------------------- PLUM0345-001 09/01/2023
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
---------------------------------------------------------------- PLUM0460-002 09/01/2023
Rates Fringes
PLUMBER (Plumber, Pipefitter,
Steamfitter, Refrigeration)......$ 57.18 26.51
China Lake, Marine Warfare
Training Center.............$ 67.68 25.51
Edwards Air Force Base......$ 64.18 26.51
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 01/01/2024
Rates Fringes
ROOFER...........................$ 42.51 16.11
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: $2.00 per hour additional. ---------------------------------------------------------------- SFCA0669-007 01/01/2024
Rates Fringes
SPRINKLER FITTER.................$ 45.31 27.91
---------------------------------------------------------------- SHEE0105-003 01/01/2024
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 56.95 30.04
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
Agreement: 10th St Rehab. – STPL – 5193 (044) Page 37 of 39 aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95 30.04
---------------------------------------------------------------- SHEE0105-004 07/01/2023
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...............$ 45.98 29.24
---------------------------------------------------------------- TEAM0011-002 07/01/2023
Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 38.19 33.69
GROUP 2....................$ 38.34 33.69
GROUP 3....................$ 38.47 33.69
GROUP 4....................$ 38.66 33.69
GROUP 5....................$ 38.69 33.69
GROUP 6....................$ 38.72 33.69
GROUP 7....................$ 38.97 33.69
GROUP 8....................$ 39.22 33.69
GROUP 9....................$ 39.42 33.69
GROUP 10....................$ 39.72 33.69
GROUP 11....................$ 40.22 33.69
GROUP 12....................$ 40.65 33.69
WORK ON ALL MILITARY BASES:

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

TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- Agreement: 10th St Rehab. – STPL – 5193 (044) Page 38 of 39 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

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

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

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

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

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

Agreement: 10th St Rehab. – STPL – 5193 (044) Page 39 of 39 With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

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

Washington, DC 20210

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

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

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

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

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION"
BHT Engineering, Inc. Job# 22502
BID OPENING: APRIL 18, 2024 @ 2:00 PMSEVEN (7) BIDS TOTAL RECEIVED. THREE (3) LOWEST SHOWN.

ITEM UNIT OF ESTIMATED PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL NO. MEASURE QUANTITY PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE 1 SITE DEMOLITION, CUT & HAUL EXCESS MATERIAL L.S. 1 25,000.00 $ 25,000.00 $ 3,500.00 $ 3,500.00 $ 8,900.00 $ 8,900.00 $ 30,100.00 $ 30,100.00 $ 2 COLD PLANE EXIST. SURFACE AT VARIABLE DEPTH, TO PROVIDE STRAIGHT CROSS-SLOPE , HAUL-OFF TO CITY YARD S.F. 74864 0.50 $ 37,432.00 $ 0.25 $ 18,716.00 $ 0.50 $ 37,432.00 $ 0.50 $ 37,432.00 $ 3 TYPE "A" HOT MIX ASPHALT TON 1509 120.00 $ 181,080.00 $ 117.00 $ 176,553.00 $ 125.00 $ 188,625.00 $ 112.00 $ 169,008.00 $ 4 CLASS 2 AGGREGATE BASE TON 81 100.00 $ 8,100.00 $ 50.00 $ 4,050.00 $ 85.50 $ 6,925.50 $ 30.00 $ 2,430.00 $ 5 APPLY FOG SEAL ON NEW PAVEMENT L.S. 1 4,000.00 $ 4,000.00 $ 2,800.00 $ 2,800.00 $ 6,500.00 $ 6,500.00 $ 2,500.00 $ 2,500.00 $ 6 INSTALL 12" SOLID LIMIT/CROSSWALK LINE - THERMOPLASTIC L.F. 248 6.00 $ 1,488.00 $ 4.50 $ 1,116.00 $ 4.50 $ 1,116.00 $ 8.00 $ 1,984.00 $ 7 INSTALL 24" SOLID CROSSWALK LINE - THERMOPLASTIC L.F. 167 12.00 $ 2,004.00 $ 7.00 $ 1,169.00 $ 7.00 $ 1,169.00 $ 10.00 $ 1,670.00 $ 8 INSTALL 6" YELLOW CENTERLINE - THERMOPLASTIC - DETAIL 22 L.F. 184 6.00 $ 1,104.00 $ 2.60 $ 478.40 $ 2.60 $ 478.40 $ 3.00 $ 552.00 $ 9 INSTALL 6" WHITE LANELINE - THERMOPLASTIC - DETAIL 9 L.F. 2264 3.00 $ 6,792.00 $ 1.00 $ 2,264.00 $ 1.00 $ 2,264.00 $ 3.00 $ 6,792.00 $ 10 INSTALL YELLOW TWO-WAY LEFT TURN LANE - THERMOPLASTIC - DETAIL 32 L.F. 1079 6.00 $ 6,474.00 $ 4.00 $ 4,316.00 $ 4.00 $ 4,316.00 $ 3.00 $ 3,237.00 $ 11 INSTALL 8" WHITE CHANNELIZING STRIPE - THERMOPLASTIC - DETAIL 38 L.F. 125 5.00 $ 625.00 $ 2.50 $ 312.50 $ 2.50 $ 312.50 $ 6.00 $ 750.00 $ 12 INSTALL WHITE THERMOPLASTIC PAVEMENT MARKINGS S.F. 404 15.00 $ 6,060.00 $ 12.50 $ 5,050.00 $ 12.50 $ 5,050.00 $ 10.00 $ 4,040.00 $ 13 FURNISH AND INSTALL FYG W11-15 SIGN (30"x30") AND FYG W16-7P SIGN (24"X12") ASSEMBLY EA. 2 1,000.00 $ 2,000.00 $ 515.00 $ 1,030.00 $ 1,300.00 $ 2,600.00 $ 400.00 $ 800.00 $ 14 FURNISH AND INSTALL BLUE RETROREFLECTIVE FIRE HYDRANT MARKER EA. 6 50.00 $ 300.00 $ 30.00 $ 180.00 $ 30.00 $ 180.00 $ 10.00 $ 60.00 $ 15 ADJUST SURVEY MONUMENT COVER TO GRADE EA. 3 2,000.00 $ 6,000.00 $ 1,200.00 $ 3,600.00 $ 1,000.00 $ 3,000.00 $ 2,300.00 $ 6,900.00 $ 16 ADJUST SEWER MANHOLE COVER TO GRADE EA. 6 2,250.00 $ 13,500.00 $ 1,450.00 $ 8,700.00 $ 2,700.00 $ 16,200.00 $ 2,300.00 $ 13,800.00 $ 17 ADJUST WATER VALVE COVER TO GRADE EA. 7 2,000.00 $ 14,000.00 $ 1,200.00 $ 8,400.00 $ 1,500.00 $ 10,500.00 $ 2,300.00 $ 16,100.00 $ 18 QUALITY CONTROL PROGRAM L.S. 1 25,000.00 $ 25,000.00 $ 5,000.00 $ 5,000.00 $ 4,200.00 $ 4,200.00 $ 12,300.00 $ 12,300.00 $ 19 TEMPORARY TRAFFIC CONTROL L.S. 1 40,000.00 $ 40,000.00 $ 38,065.10 $ 38,065.10 $ 20,554.60 $ 20,554.60 $ 37,940.00 $ 37,940.00 $ 20 PREPARE AND IMPLEMENT WATER POLLUTION CONTROL PLAN L.S. 1 3,000.00 $ 3,000.00 $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 $ Date Prepared: 04/22/24. By: JMP TOTAL: 383,959.00 $ 286,800.00 $ 323,323.00 $ 349,395.00 $ 10 STREET REHABILITATION - X-WALK at Rails to Trails to Kern St. (SR 33) 2 Westrock LLC
Bakersfield, CA (661) 496‐4265
Lic No. 1096953

ITEM CODE
13 CITY OF TAFT - BID SUMMARY
STPL 5193 (044)
Engineer's Estimate
Bowman Asphalt, Inc
Bakersfield, CA (661) 334‐1356
Lic No. 862672
Griffith Company
Bakersfield, CA (661) 392‐6640
Lic No. 88
T:\5-TAFT\DOC\2022 Projects\22502 - SB1 - 10th Rehab - Xwalk to Kern\BIDDING PHASE\TAFT - 10TH rehab 5193-044 - BID SUMMARY-bid summary REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MAY 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

AWARD OF CONSULTANT CONTRACT AGREEMENT TO BHT ENGINEERING, INC. FOR ONCALL ENGINEERING SERVICES FOR FEDERAL AND STATE FUNDED PROJECTS SUMMARY STATEMENT:

The City of Taft receives federal and state funds for local street and road projects. Caltrans Chapter 10 requires that agencies follow their RFQ process for procurement of on-call engineering services for our federal and state funded projects for engineering fees to be reimbursable through the Caltrans procedures. The City published an RFQ for these services in February with responses due by March 9, 2024. Only two responses were received and reviewed. Caltrans policy usually requires at least three responses for review, but a public interest finding was made and excepted as other engineering companies that requested the RFQ, stated when surveyed that due to the limited amount of work, they didn’t feel they had the staffing to take on other on-call contracts.

The review team evaluated responses from BHT Engineering, Inc. and Diversified Project Services, Inc., with BHT Engineering, Inc. ranking highest by a four-board panel. BHT Engineering, Inc’s. rates were then reviewed for reasonableness and accepted. Staff now recommends award of the Consultant Contract Agreement to BHT Engineering, Inc. for On-Call Services for Federal and State Funded Projects for a period not to exceed 5 years and $900,000 aggregate.

RECOMENDATION
Motion to approve consultant contract agreement to BHT Engineering, Inc. for On-Call Engineering Services for Federal and State Funded Projects, authorize the Mayor to sign and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Agreement/ Rate Sheet
PREPARED BY: Public Works

Page 1 of 33 ends

May 2024

CONSULTANT CONTRACT AGREEMENT
(For Local Assistance Federal-Aid Projects)

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

BHT ENGINEERING, INC.

Incorporated in the State of CALIFORNIA
The Project Manager for the “CONSULTANT” will be JUAN PANTOJA The name of the “LOCAL AGENCY” is as follows:

CITY OF TAFT
The Contract Administrator for LOCAL AGENCY will be CRAIG JONES, CITY MANAGER B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated APRIL 2024. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment A) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor, and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

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G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
The CONSULTANT shall provide services to the City including, but not limited to; CEQA/NEPA coordination or compliance documentation, program/project management, feasibility studies, preliminary engineering, design, engineering, surveying (right of way engineering), mapping, landscape architecture, or architectural related services, construction management/engineering, as well as incidental services connected to and for the purpose of development and implementation of Federal-aid, and State funded projects. Successful firm will represent the City at all state, local or federal project audits.

The project will require coordination with Caltrans, FHWA, and/or other state, local and federal agencies. Project design shall meet all City Requirements and conform to the City and Caltrans standard specifications, current edition.

CITY will pay for direct project’s construction phase advertisement costs.

B. Project Management
a. The City Manager will serve as the contract manager and direct liaison between the Consultant and Caltrans District 6 Division of Local Assistance. The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling

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meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and consultant sub-contractors, and preparing all submissions for the City to submit to Caltrans Local Assistance and/or other agencies. b. Due to the fact that many of the City’s current and future projects are funded by Federal and State grants, the selected consulting firm must have excellent knowledge of the requirements of Caltrans’ Local Assistance Procedures Manual requirements. c. Preliminary Engineering Phase Authorization - Consultant shall prepare the Request for Authorization to Proceed with Preliminary Engineering package using procedures outlined in the Caltrans Local Assistance Procedures Manual.
d. Prepare and submit progress invoices to Caltrans for reimbursement.

C. Environmental Compliance
a. Coordinate with Caltrans Dist. 6 and schedule a field review of the site, as needed. b. Perform the site review, survey and study. Prepare and supply all reporting, presentations, documents, and mitigation requirements, etc. necessary to meet current NEPA environmental compliance requirements. Note: Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6:

Environmental Procedures, and the Standard Environmental Reference). City staff will prepare the CEQA document.
c. Coordinate with Caltrans Dist. 6 to determine if special studies will be required, i.e. cultural, archeological etc.
d. Prepare, submit, correct, edit and add information for the Exhibit 6-A Preliminary Environmental Study (PES) document and Area of Potential Effects (APE) map, as necessary.

Contracting City is not obligated to proceed with final design for any alternative, all reasonable alternatives will be evaluated and given appropriate consideration, and the firm may not proceed with final design until the relevant CEQA/NEPA decision documents have been issued (e.g., CE, FONSI, or ROD).

D. Preliminary Engineering
a. Scope includes: Civil Engineering / Architectural / Field Survey / Soils & Materials Testing b. Coordinate with City Manager, Public Works Director, City Project Coordinator and/or Street Superintendent for initial concept and direction.
c. Surveys and Mapping – review aerial photos, mapping and perform surveying necessary for preliminary engineering, design, cost estimates, and the level of environmental clearance. The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-of-Way Retracement, and a Record of Survey.
d. Prepare a right-of-way certification per Caltrans LAPM Exhibit 13-A or 13-B, as applicable. e. Preliminary Engineering Studies – Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc.
f. Develop concept and design drawings for submission to regulatory or funding bodies for approvals including, but not limited to: FHWA, and their corresponding California State agencies.
g. Submit preliminary design and preliminary construction cost estimate to the City for review and comment.
h. Prepare exhibits, renderings, drawings and prepare presentations to City Staff and/or City Council.
i. Utility Coordination – Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, if any, including relocation of utility poles, as

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needed.
j. Provide geotechnical evaluations and recommendations services with field investigation borings, field samples, lab testing, as needed, for pavement design section, driveways, curb & gutter, cross gutters, footings, slabs, etc.
k. Provide civil engineering and/or architectural design for complete roadway geometric design, demolition, asphalt and base improvements, drainage, grading, curb, gutter, sidewalks, cross gutters, ADA access ramps, street signage, street striping/markings, electrical improvements, landscaping, irrigation, waste water, sewer improvements, water improvements, site improvements, structure/bridge design, building design, etc. l. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project. m. Coordination with Adjacent Properties – Coordinate with adjacent property to establish driveway locations and other modifications required in front of their property such as fence relocations, mailbox relocation, or tree removal.
n. Assist City in applying for and obtaining utility services and/or relocation of existing utilities necessary for project(s) to be constructed and functional. o. Prepare construction plans, specifications and bidding documents for construction. (utilizing the Caltrans Standards and AASHTO Geometric Design guidelines, current edition). The Construction Plans, Specifications, Special Provisions and Bid Documents shall be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the pertinent Local/Federal/State funding entities.
p. Prepare a final detailed Construction Cost Estimate for the project based on the final design report. The Preliminary Construction Cost Estimate shall be an itemized estimate, including all of the components necessary for the complete construction of the project. q. The CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number. r. Provide an electronic copy of the final approved plans and specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. s. Construction Phase Authorization - Consultant shall prepare the Request for Authorization to Proceed with Construction package to advance project to construction using procedures outlined in the Caltrans Local Assistance Procedures Manual.

E. Bid Process
a. Assist the City in all aspects of the bidding process with construction and engineering firms, including but not limited:
1) Distribute plans and specifications to Contractors and Plan Rooms 2) Keep Plan holders list
3) Prepare addendums
4) Perform design revisions, additions, answers to questions, RFI’s, etc. 5) Attend and conduct pre-bid and site walk meetings
6) Review three lowest bids and their good faith DBE efforts 7) Prepare bid summary
8) Verify low bidder’s qualifications
9) Make recommendations for awarding the construction contract F. Construction Engineering/Management/Inspection/ Soils and Materials Testing:
a. Provide Construction Engineering/Management and/or inspection services. b. Review and approve contract’s shop drawings, schedules, insurance, submittals and make recommendation for Notice to Proceed.
c. Coordinate with utility companies for connections, service, relocations, etc. d. Perform construction staking as required.
e. Perform contract administration paperwork, including, but not limited to, review contractor’s payment requests and make recommendation for payment, conflict resolution, check certified payroll, releases,

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bonds, final pay requests certificate of completion, etc. f. Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documents for approval. g. Perform inspection services, RE’s daily reports, materials, subcontractors, equipment, manpower, weather, activities, etc.
h. Responsible for ensuring that all work is built to standards defined by the contract documents. i. Perform materials and soils testing per City’s Quality Assurance Program. Materials testing services includes:
• Engage third-party testing and inspection firm.
• Sampling and testing of soils, asphalt concrete, concrete, steel, and other construction materials. • Evaluation of results and furnishing of testing reports. • Additional testing as applicable to ensure project expectations are met. (i.e., quality assurance testing).
j. Prepare and maintain as-built drawings and construction documentation for review by any auditing City.
k. Prepare the final punch list and oversee punch list item resolution. l. Project Close Out.
m. Represent the City at all local, state or federal project audits.

G. Right of Way
CONSULTANT shall prepare a right-of-way certification per Caltrans LAPM Exhibit 13-A or 13-B, as applicable. The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-of-Way Retracement, and a Record of Survey.

H. Surveys
CONSULTANT shall review aerial photos, mapping and perform preliminary surveying necessary for preliminary engineering, design, cost estimates, and the level of environmental clearance.

CONSULTANT shall Perform construction surveys/staking as needed.

I. Subsurface Investigations
CONSULTANT has responsibility for making subsurface investigations. Soils testing and any other specialized services shall be performed by CONSULTANT and/or their Sub-Consultant.

J. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

K. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

L. Checking Shop Drawings
CONSULTANT shall review and approve contract’s shop drawings, schedules, insurance, submittals and make recommendation for Notice to Proceed. Payment for checking shop drawings by CONSULTANT shall be included in the AGREEMENT fee.

M. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such

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services.

N. Documentation and Schedules
The CONSULTANT shall document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

O. Deliverables and Number of Copies
As agreed upon by the City and consultant in a Task Order for each project.

As a MINIMUM the CONSULTANT shall provide an electronic copy of the final approved plans and specifications, and a hard copy of the final approved plans and specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. If requested, additional copies shall be provided at reproduction cost.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on MAY 7, 2024, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on MAY 7, 2029, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

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E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

CITY OF TAFT
ATTN: Craig Jones
209 E. Kern Street
Taft, CA 93268
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The LOCAL AGENCY anticipates to enter into up to ten (10) task order contracts for performance of the Scope of Services identified in Article III of this AGREEMENT. The total amount payable by the

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LOCAL AGENCY for all Task Order Contracts must not exceed a cumulative maximum total value of Nine Hundred Thousand Dollars ($900,000) (“NTE Sum”). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. Each time a Task Order is awarded under any of the Task Order Contracts, the LOCAL AGENCY may send written notification to CONSULTANT. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. CONSULTANT acknowledges and agrees that LOCAL AGENCY will not pay any amount under this AGREEMENT that would exceed the NTE Sum, and CONSULTANT must not enter into a Task Order that exceeds the NTE Sum.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the

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Taft City CouncilMay 7, 2024

Taft City Council
May 7, 2024