SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,
AND PAVEMENT MARKERS
314-3 REMOVAL OF PAVEMENT MARKERS.
314-3.1 General.
Replace the first sentence in the first paragraph with the following. 314-3.1 General. All existing raised pavement markers shall be removed before paving work proceeds and shall be performed in such a manner as to leave the existing pavement undamaged. 177
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314-3.2 Measurement.
Replace this subsection in its entirety with the following. 314-3.2 Measurement. Removal of traffic striping and markings will be measured as a lump sum item.
314-3.3 Payment.
Replace this subsection in its entirety with the following. 314-3.3 Payment. Payment for removal of pavement markers will be considered as included in the prices Bid for other various bid items of Work and no additional compensation will be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-4.3 Painting Traffic Striping and Curb and Pavement Markings. 314-4.3.1 General.
Replace the first sentence in the first paragraph with the following.
The work shall consist of applying painted (including glass beads) traffic striping, curb and pavement markings, concrete wheel strops, and new red curb and blue curb at the locations shown on the Plans.
On the 2022 Pedestrian Mobility Sidewalk Project- Highland Drive (C.I.P. No. 8290), no striping and signage plans are included in the Contract Documents for the rehabilitation and resurfacing work on the various streets. The Contractor shall document on the plans and along the street all existing striping and pavement markings that will be disturbed by the work, before the striping and pavement markings are disturbed by construction, so that the existing striping and pavement markings can be replaced in-kind. The striping documentation shall include the type of material, dimensions, and location of striping and pavement legends, and shall be approved by the Inspector before removal work proceeds. Any changes to the existing striping shall be installed as shown on the Plans.
Add the following paragraphs:
If a portion of a crosswalk or limit line is disturbed by construction, then the entire crosswalk or limit line shall be removed and replaced, or restriped.
All striping, RPM's, and pavement markings that are disturbed by construction shall be replaced.
If the Plans or Project Exhibits show striping plans, all interfering striping and marking shall be removed, and new striping and marking shall be installed as shown on the plans. If no striping plans are provided, existing striping shall be replaced in kind. 178
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All intersection limit lines, pavement legends, and white crosswalks to be replaced shall be thermoplastic. Other striping and yellow crosswalks shall be painted. New raised pavement markers shall be installed as required by the California Manual on Uniform Traffic Control Devices and the Caltrans Standard Plans, even if they were not previously on the street. Blue raised reflective pavement markers shall be installed at all fire hydrants.
The locations of all signs, including those to be relocated or replaced, must be approved by the Traffic Engineering Division of the Engineering Department before placement. All signs shall be installed on metal sign posts, unless wood posts are specified. If wood posts are called out on the Plan, the posts shall be four inch by four inch (4" x 4") pressure-treated unpainted wood, anchored in undisturbed soil a minimum of twenty-four inches (24") below finished grade and backfilled with post- hole concrete above twenty inches (20") of sand). If in sidewalk area, wood post backfill shall be four inches(4")of concrete above twenty inches(20")of sand or gravel, inside an eight inch diameter(8"o) PVC sleeve. The installation of wood sign posts shall be rejected if posts are damaged, bent or splintered. Technical Provisions from these specifications shall take precedence over other specifications. If not otherwise specified, the work required for Traffic Striping and Signing shall conform to these specifications.
On the 2022 Pedestrian Mobility Sidewalk Project - Highland Drive (C.I.P. No. 8290), all signs installed on new posts shall be installed per the Plans. In addition, all sign posts installed in concrete sidewalk or other hardscape shall be installed per City of Vista Standard Drawing TRF-06 ("SIGN POST FOOTING IN HARDSCAPE").
314-4.3.7 Payment.
Replace the subsection in its entirety with the following:
314-4.3.7 Payment. The quantities of traffic striping, signing and pavement markings shall be measured as a lump sum, complete in place, as shown on the Plans, and as specified in the BID SCHEDULE. Payment for bid items related to all striping, signing and pavement markings shall be at the lump sum or unit prices specified in the BID SCHEDULE and shall constitute full compensation for all materials, labor, equipment, tools, mobilization, clearing and grubbing, excavation, placing and removing temporary striping and striping tabs, painting legends and pavement markings, salvaging signs and delivering them to the Agency's Public Works Yard at 1165 E. Taylor Street, installing new signs on new and existing posts or poles, providing, painting and installing concrete wheel stops, painting new red curb and blue curb, painting all parking stalls, handicap legends, and incidentals necessary as specified, and no additional compensation will be allowed.
On the 2022 Pedestrian Mobility Sidewalk Project - Highland Drive (C.I.P. No. 8290), Remove conflicting markings, replace stop bars, striping, crosswalk and relocate signs per Plan is a lump sum in the Bid Schedule. Bid item shall include full compensation for all labor, equipment and material required to remove and dispose conflicting markings, install or apply new pavement striping, markings, signage, and relocate signage as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
179
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Appendix A:
Federal Requirements for Federal CDBG Projects
(Exhibit A of the Contract)
180
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APPENDIX A
FEDERAL REQUIREMENTS FOR FEDERAL CDBG CONSTRUCTION PROJECTS
EXHIBIT A TO THE CONTRACT
The City participates in the Community Development Block Grant("CDBG")program and receives annual funding from the U.S. Department of Housing and Urban Development ("HUD"). This contract is for services that may be funded in whole or in part with CDBG funds. Contractor agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:
1. Access and Maintenance of Records
A. Access. At any time during normal business hours and as frequently as is deemed necessary, the Contractor shall make available to the Agency, the Department of Housing and Urban Development, and/or the Comptroller General of the United States, for their examination, all of its records pertaining to all matters covered by this Agreement and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this Agreement.
B. Maintenance. The Contractor must maintain all required records for five years after final payments are made and all other pending matters are closed.
2. Termination — Cause, Convenience, Breach. This Agreement may be terminated with or without cause by Agency. Termination without cause shall be effective only upon fifteen (15) days' written notice to Contractor, after which Agency will pay Contractor for its reasonable costs and expenses incurred prior to receipt of the termination notice. This Agreement may be terminated by Agency for cause in the event of any of the following: (i) a material breach of this Agreement by Contractor; and/or (ii) misrepresentation by Contractor in connection with the formation of this Agreement; (iii) and/or in accordance with any termination clause with the project specifications as may be applicable. Termination for cause shall be effective immediately upon the delivery of written notice to Contractor.
3. Obtain Bonds. If applicable, Contractor shall obtain a Performance Bond for 100% of the Contract Amount and/or a Payment Bond for 100% of the Contract Amount, as required by City CDBG.
4. Community Development Block Grant Regulations. The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto.
5. Civil Rights Nondiscrimination in Federally Assisted Programs. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin.
6. Section 109 of the Housing and Community Development Act of 1974. Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. 12/13/2022 69 Page 227 of 388
7. Rehabilitation Act of 1973. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on handicap in Federally-assisted and conducted programs and activities.
8. Age Discrimination Act of 1975. The Age Discrimination Act of 1975 (42 U.S.C. 6101- 07) and Implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance.
9. Equal Employment Opportunity (Equal Opportunity Clause) Equal Employment Opportunity, as amended, and regulations of Executive Order 11246(applicable to contracts and subcontracts over$10,000)
During the performance of this contract, the Contractor agrees as follows:
A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
D. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
F. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
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G. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
H. The contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
10.0 Standard Federal Equal Employment Opportunity Construction Contract Specifications
A. As used in these specifications:
1. "Covered area" means the geographical area described in the solicitation from which this contract resulted;
2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
3. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
4. "Minority" includes:
a. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
b. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America or other Spanish Culture or origin, regardless of race); C. Asian and Pacific Islander (all persons having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
d. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
B. When the Contractor, or any subcontractor, at anytime, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract, in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
C. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and 12/13/2022 68 Page 229 of 388
timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
D. The Contractor shall implement the specific affirmative action standards provided in paragraphs G(1) through G(16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a federal or federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
E. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
F. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
1. The Contractor shall take specific affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work.
The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. 12/13/2022 69 Page 230 of 388
2. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
3. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under G(2) above.
4. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on a bulletin board accessible to all employees at each location where construction work is performed.
5. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
6. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.
7. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
8. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.
9. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
10. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
11. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 12/13/2022 69 Page 231 of 388
12. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
13. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitation to minority and female contractor associations and other business associations.
14. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.
H. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (G(1) through G(16)). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under G(1) through G(16) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
The obligation shall not be a defense for the Contractor's non-compliance.
I. A single goal for minorities and a separate single goal for women has been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
J. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any persons because of race, color, religion, sex, or national origin.
K. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to E.O. 11246.
L. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to E.O. 11246, as amended.
M. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph G of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
N. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records.
Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprenticeship trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and 12/13/2022 68 Page 232 of 388
retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.
O. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application or requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
11. Certification Of Nonsegregated Facilities — (applicable to contracts and subcontracts over$10,000)
Contractor and/or subcontractor certifies that he/she does not maintain or provide for his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. Contractor and/or subcontractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason.
He/she further agrees that (except where he/she has obtained for specific time periods) he/she will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that he/she will retain such certifications in his/her files; and that he/she will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).
12. Davis-Bacon Act, and Copeland Anti-Kickback Act.
1. Davis Bacon Act.
a. Contractor and all subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Contract are subject to the federal labor standards provisions, Davis Bacon and Related Acts as amended (40 USC 3141-5144 and 3146- 3148), which govern the payment of wages and the ratio of apprentices and trainees to journey- workers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Contractor and hired subcontractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor,
b. b. Federal Wage Determination Number CA is attached hereto as Exhibit"_" and incorporated herein by this reference as though set forth in full.
Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the AGENCY of its obligation, if any, to require payment of the higher rates.
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2. Copeland Anti-Kickback Act.
a. The contractor shall comply with 18 U.S.C. §874,40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12."
13. Clean Air Act and Federal Water Pollution Control Act (42 U.S.0 7401-7671q.) The Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following:
1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR Part 15, as amended.
2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857 c-8)and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.
4. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the government may direct as a means of enforcing such provisions.
14. Debarment and Suspension (Executive Orders 12549 and 12689) The Contractor represents and warrants that it and its subcontractors are not debarred, suspended, or placed in ineligibility status under the provisions of 24 CFR 24 (government debarment and suspension regulations). "Department and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 12/13/2022 68 Page 234 of 388
15. Byrd Anti-Lobbying Amendment (31 U.S.0 1352)
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
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.
16. Conflict of Interest
The Contractor covenants that no person, who presently exercises any functions or responsibilities in connection with the City of Vista CDBG Program, will obtain a personal or financial interest from the assisted activity. The Contractor further covenants that he/she presently has no interest in, nor shall he/she acquire any interest, direct or indirect, either for themselves or those with whom they have business, or family, which would conflict in any manner or degree with the performance of his/her services hereunder. The contractor further covenants that in the performance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, will be disclosed to the Agency.
17. Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) - 24 CFR, Part 135, also Known as Section 3 Clause. —All Section 3 covered contracts shall include the following clause and the prime contractor will also ensure that provisions of 24 CFR, Part 135, are included in all subcontracts
a. The work to be performed under this contract is subject to the requirements of Section 3 of this Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 U (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by Section 3, shall, 12/13/2022 /C_V Page 235 of 388
to the greatest extend feasible, and be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers; representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin.
d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
18. Nationality Act. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Subrecipient so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Subrecipient hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
19. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD.
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20. Rights to Data and Copyrights. Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).
21. Drug-Free Workplace Requirements. The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals} of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.
22. Environmental Review Standards. The Contract is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 1969
23. Lead-Based Paint. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part.
24. Energy Efficiency. The Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).
25. Procurement of Recovered Materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
26. Housing and Community Development Act of 1974 Statutory Provision, Section 110.
a. All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with assistance received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5); Provided, That this section shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as mended (48 Stat. 948; 40 U.S.C. 276(c)). b. Subsection (a) shall not apply to any individual that-
1. Performs services for which the individual volunteered; 2A. Does not receive compensation for such services; or 2B. Is paid expenses, reasonable benefits, or a nominal fee for such services;
3. Is not otherwise employed at any time in the construction work. 12/13/2022 /C b? Page 237 of 388
Appendix 6:
Federal Labor Standards Provisions
and Federal Prevailing Wage Rates
(Exhibit 6 of the Construction Contract)
181
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Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification The Project or Program to which the construction work covered requested is not performed by a classification in the wage by this contract pertains is being assisted by the United States determination; and of America and the following Federal Labor Standards (2) The classification is utilized in the area by the Provisions are included in this Contract pursuant to the construction industry; and provisions applicable to such Federal assistance. (3) The proposed wage rate, including any bona fide A. 1. (i) Minimum Wages. All laborers and mechanics fringe benefits, bears a reasonable relationship to the wage employed or working upon the site of the work, will be paid rates contained in the wage determination. unconditionally and not less often than once a week, and (b) I f the contractor and the laborers and mechanics to be without subsequent deduction or rebate on any account employed in the classification (if known), or their (except such payroll deductions as are permitted by representatives, and HUD or i is designee agree on the regulations issued by the Secretary of Labor under the classification and wage rate (including the amount designated Copeland Act (29 CFR Part 3), the full amount of wages for f ringe benefits where appropriate), a report of the action and bona fide fringe benefits (or cash equivalents thereof)due taken shall be sent by HUD or i is designee to the at t ime of payment computed at rates not less than those Administrator of the W age and Hour Division, Employment contained in the wage determination of the Secretary of Standards Administration, U. S. Department of Labor, W Labor which is attached hereto and made a part hereof, ashington, D. C. 20210. The Administrator, or an authorized regardless of any contractual relationship which may be representative, will approve, modify, or disapprove every alleged to exist between the contractor and such laborers and additional classification action within 30 days of receipt and so mechanics. Contributions made or costs reasonably advise HUD or i is designee or will notify HUD or i is designee anticipated for bona f ide f ringe benefits under Section I(b)( 2) within the 30 -day period that additional t ime is necessary. of the Davis-Bacon Act on behalf of laborers or mechanics are (Approved by the Office of Management and Budget under considered wages paid to such laborers or mechanics, subject OMB control number 1215- 0140.) to the provisions of 29 CFR 5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly (c) In the event the contractor, the laborers or mechanics to period (but not less often than quarterly) under plans, funds, be employed in the classification or their representatives, or programs, which cover the particular weekly period, are and HUD or i is designee do not agree on the proposed deemed to be constructively made or incurred during such classification and wage rate (including the amount designated weekly period. for f ringe benefits, where appropriate), HUD or i is designee shall refer the questions, including the views of all interested Such laborers and mechanics shall be paid the appropriate parties and the recommendation of HUD or i is designee, to wage rate and fringe benefits on the wage determination for the Administrator for determination. The Administrator, or an the classification of work actually performed, without regard to authorized representative, will issue a determination within 30 skill, except as provided in 29 CFR 5. 5( a)( 4). Laborers or days of receipt and so advise HUD or i is designee or will mechanics performing work in more than one classification notify HUD or i is designee within the 30-day period that may be compensated at the rate specified for each additional t ime is necessary. (Approved by the Office of classification for the t ime actually worked therein: Provided, Management and Budget under OMB Control Number 1215 That the employer' s payroll records accurately set forth the -0140.) time spent in each classification in which work is performed.
The wage determination (including any additional (d) The wage rate (including f ringe benefits where classification and wage rates conformed under appropriate)determined pursuant to subparagraphs (1)(ii)(b) 29 CFR 5. 5(a)(1 )(ii )and the Davis-Bacon poster (WH- 1321 or (c) of this paragraph, shall be paid to all workers shall be posted at all times by the contractor and its performing work in the classification under this contract f rom the f i rst day on which work is performed in the classification. subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (iii) Whenever the minimum wage rate prescribed in the (ii) (a) Any class of laborers or mechanics which is not contract for a class of laborers or mechanics includes a f I isted in the wage determination and which is to be employed ringe benefit which is not expressed as an hourly rate, the under the contract shall be classified in conformance with the contractor shall either pay the benefit as stated in the wage wage determination. HUD shall approve an additional determination or shall pay another bona f ide f ringe benefit or classification and wage rate and f ringe benefits therefor an hourly cash equivalent thereof. only when the following criteria have been met: (iv) I f the contractor does not make payments to a t rustee or other third person, the contractor may consider as part form HUD-4010(06/2009)
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of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona f ide f ringe affected, and records which show the costs anticipated or the benefits under a plan or program, Provided, That the actual cost incurred in providing such benefits. Contractors Secretary of Labor has found, upon the written request of the employing apprentices or trainees under approved programs contractor, that the applicable standards of the Davis- Bacon shall maintain written evidence of the registration of Act have been met. The Secretary of Labor may require the apprenticeship programs and certification of t rainee contractor to set aside in a separate account assets for the programs, the registration of the apprentices and trainees, meeting of obligations under the plan or program. (Approved and the ratios and wage rates prescribed in the applicable by the Office of Management and Budget under OMB Control programs. (Approved by the Office of Management and Number 1215- 0140.) Budget under OMB Control Numbers 1215 -0140 and 1215-
2. Withholding. HUD or i is designee shall upon i is own 0017.) action or upon written request of an authorized representative (i i) (a)The contractor shall submit weekly for each week in of the Department of Labor withhold or cause to be withheld which any contract work is performed a copy of all payrolls to f rom the contractor under this contract or any other Federal HUD or i is designee i f the agency is a party to the contract, contract with the same prime contractor, or any other but i f the agency is not such a party, the contractor will submit Federally-assisted contract subject to Davis-Bacon the payrolls to the applicant sponsor, or owner, as the case prevailing wage requirements, which is held by the same may be, for transmission to HUD or i is designee. The payrolls prime contractor so much of the accrued payments or submitted shall set out accurately and completely all of the advances as may be considered necessary to pay laborers and information required to be maintained under 29 CFR 5. 5( a)( mechanics, including apprentices, trainees and helpers, 3)(i) except that full social security numbers and home employed by the contractor or any subcontractor the full addresses shall not be included on weekly t ransmittals. amount of wages required by the contract In the event of failure Instead the payrolls shall only need to include an individually to pay any laborer or mechanic, including any apprentice, t identifying number for each employee (e. g., the last four digits rainee or helper, employed or working on the site of the work, of the employee' s social security number). The required all or part of the wages required by the contract, HUD or i is weekly payroll information may be submitted in any form designee may, after written notice to the contractor, sponsor, desired. Optional Form W H-347 is available for this purpose applicant, or owner, take such action as may be necessary to f rom the W age and Hour Division Web site at cause the suspension of any further payment, advance, or http://www . dol. povl esa/whd/forms/wh347instr. htm or i is guarantee of funds until such violations have ceased. HUD or successor site. The prime contractor is responsible for the i is designee may, after written notice to the contractor, submission of copies of payrolls by all subcontractors. disburse such amounts withheld for and on account of the Contractors and subcontractors shall maintain the full social contractor or subcontractor to the respective employees to security number and current address of each covered worker, whom they are due.The Comptroller General shall make such and shall provide them upon request to HUD or i is designee disbursements in the case of direct Davis-Bacon Act ifthe agency is a party to the contract, but ifthe agency is contracts. not such a party, the contractor will submit the payrolls to
3. (1) Payrolls and basic records. Payrolls and basic the applicant sponsor, or owner, as the case may be, for t records relating thereto shall be maintained by the contractor ransmission to HUD or i is designee, the contractor, or the W during the course of the work preserved for a period of three age and Hour Division of the Department of Labor for purposes years thereafter for all laborers and mechanics working at the of an investigation or audit of compliance with prevailing wage site of the work. Such records shall contain the name, requirements. I t is not a violation of this subparagraph for address, and social security number of each such worker, his a prime contractor to require a subcontractor to provide or her correct classification, hourly rates of wages paid addresses and social security numbers to the prime (including rates of contributions or costs anticipated for bona contractor for its own records, without weekly submission to f ide f ringe benefits or cash equivalents thereof of the types HUD or i is designee. (Approved by the Office of Management described in Section I(b)(2 )(B) of the Davis-bacon Act), daily and Budget under OMB Control Number 1215-0149.) and weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5. 5 ( a)(1 )(iv) that the wages of any subcontractor or his or her agent who pays or supervises the laborer or mechanic include the amount of any costs payment of the persons employed under the contract and reasonably anticipated in providing benefits under a plan shall certify the following:
or program described in Section I(b)(2 )(B)of the Davis- Bacon (1) That the payroll for the payroll period contains the Act, the contractor shall maintain records which show that information required to be provided under 29 CFR 5. 5 the commitment to provide such benefits is enforceable, that (a)(3)(ii), the appropriate information is being maintained the plan or program is f inancially responsible, and that the under 29 CFR 5.5(a)(3)(i), and that such information is correct plan or program has been and complete;
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(2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, shall apprentice, and trainee) employed on the contract during the be paid not less than the applicable wage rate on the wage payroll period has been paid the full weekly wages earned, determination for the classification of work actually performed. without rebate, either directly or indirectly, and that no In addition, any apprentice performing work on the job site in deductions have been made either directly or indirectly f rom excess of the ratio permitted under the registered program the full wages earned, other than permissible deductions as shall be paid not less than the applicable wage rate on the set forth in 29 CFR Part 3; wage determination for the work actually performed. Where (3) That each laborer or mechanic has been paid not less than a contractor is performing construction on a project in a locality the applicable wage rates and f ringe benefits or cash other than that in which i is program is registered, the ratios equivalents for the classification of work performed, as and wage rates (expressed in percentages of the specified in the applicable wage determination incorporated journeyman' s hourly rate) specified in the contractor' s or into the contract. subcontractor' s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in (c) The weekly submission of a properly executed the registered program for the apprentice' s level of progress, certification set forth on the reverse side of Optional Form WH- expressed as a percentage of the journeymen hourly rate 347 shall satisfy the requirement for submission of the specified in the applicable wage determination. Apprentices "Statement of Compliance" required by subparagraph A.3.(ii)(b). shall be paid f ringe benefits in accordance with the provisions of the apprenticeship program. I f the (d) The falsification of any of the above certifications may apprenticeship program does not specify f ringe benefits, subject the contractor or subcontractor to civil or criminal apprentices must be paid the full amount of fringe benefits I prosecution under Section 1001 of Title 18 and Section 231 fisted on the wage determination for the applicable of Title 31 of the United States Code. classification. If the Administrator determines that adifferent (iii) The contractor or subcontractor shall make the practice prevails for the applicable apprentice classification, f records required under subparagraph A. 3.(i) available for ringes shall be paid in accordance with that determination. In inspection, copying, or t ranscription by authorized the event the Office of Apprenticeship Training, Employer and representatives of HUD or i is designee or the Department Labor Services, or a State Apprenticeship Agency recognized of Labor, and shall permit such representatives to interview by the Office, withdraws approval of an apprenticeship employees during working hours on the job. I fthe contractor program, the contractor will no longer be permitted to utilize or subcontractor fails to submit the required records orto make apprentices at less than the applicable predetermined rate for them available, HUD or i is designee may, after written the work performed until an acceptable program is approved. notice to the contractor, sponsor, applicant or owner, take (ii) Trainees. Except as provided in 29 CFR 5. 16, such action as may be necessary to cause the suspension of t rainees will not be permitted to work at less than the any further payment, advance, or guarantee of funds. predetermined rate for the work performed unless they are Furthermore, failure to submit the required records upon employed pursuant ' , to and individually registered in a request or to make such records available may be grounds for program which has received prior approval, evidenced by debarment action pursuant to 29 CFR 5.12. formal certification by the U. S. Department of Labor,
4. Apprentices and Trainees. Employment and Training Administration. The ratio of t (1) Apprentices. Apprentices will be permitted to work at less rainees to journeymen on the job site shall not be greater than than the predetermined rate for the work they performed permitted under the plan approved by the Employment and when they are employed pursuant to and individually Training Administration. Every trainee must be paid at not less registered in a bona f ide apprenticeship program registered than the rate specified in the approved program for the trainee' with the U. S. Department of Labor, Employment and Training s level of progress, expressed as a percentage of the Administration, Office of Apprenticeship Training, Employer journeyman hourly rate specified in the applicable wage and Labor Services, or with a State Apprenticeship Agency determination. Trainees shall be paid f ringe benefits in recognized by the Office, or i f a person is employed in his accordance with the provisions of the t rainee program. I fthe t or her f i rst 90 days of probationary employment as an rainee program does not mention fringe benefits, trainees apprentice in such an apprenticeship program, who is not shall be paid the full amount of f ringe benefits I isted on the individually registered in the program, but who has been wage determination unless the Administrator of the Wage and certified by the Office of Apprenticeship Training, Employer Hour Division determines that there is an apprenticeship and Labor Services or a State Apprenticeship Agency (where program associated with the corresponding journeyman appropriate)to be eligible for probationary employment as an wage rate on the wage determination which provides for less apprentice. The allowable ratio of apprentices to journeymen than full f ringe benefits for apprentices. Any employee I on the job site in any craft classification shall not be greater isted on the payroll at at rainee rate who is not registered and than the ratio permitted to the contractor as to the entire work participating in a training plan approved by force under the registered program. Any worker I isted on a form HUD-4010(06/2009) payroll at an apprentice wage rate, who
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the Employment and Training Administration shall be paid not awarded HUD contracts or participate in HUD programs pursuant to 24 less than the applicable wage rate on the wage determination CFR Part 24. for the work actually performed. In addition, any t rainee (ii) No part of this contract shall be subcontracted to any performing work on the job site in excess of the ratio person or f i rm ineligible for award of a Government contract permitted under the registered program shall be paid not less by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR than the applicable wage rate on the wage determination for 5. 12( a)(1) or to be awarded HUD contracts or participate in the work actually performed. In the event the Employment HUD programs pursuant to 24 CFR Part 24 . and Training Administration withdraws approval of a training (iii) The penalty for making false statements is prescribed program, the contractor will no longer be permitted to utilize in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "W (iii) Equal employment opportunity. The utilization of hoever, for the purpose of . . . influencing in any way the apprentices, trainees and journeymen under 29 CFR Part 5 action of such Administration..... makes, utters or publishes shall be in conformity with the equal employment opportunity any statement knowing the same to be false..... shall be f ined requirements of Executive Order 11246, as amended, and 29 not more than $5, 000 or imprisoned not more than two CFR Part 30. years, or both."
5. Compliance with Copeland Act requirements. The 11. Complaints, Proceedings, or Testimony by contractor shall comply with the requirements of 29 CFR Part Employees. No laborer or mechanic to whom the wage, salary, 3 which are incorporated by reference in this contract or other labor standards provisions of this Contract are
6. Subcontracts. The contractor or subcontractor will insert applicable shall be discharged or in any other manner in any subcontracts the clauses contained in subparagraphs discriminated against by the Contractor or any subcontractor 1 through 11 in this paragraph A and such other clauses as because such employee has f i led any complaint or instituted HUD or i is designee may by appropriate instructions require, or caused to be instituted any proceeding or has testified or is and a copy of the applicable prevailing wage decision, and about to testify in any proceeding under or relating to the labor also a clause requiring the subcontractors to include these standards applicable under this Contract to his employer. clauses in any lower tier subcontracts. The prime contractor B. Contract Work Hours and Safety Standards Act. The shall be responsible for the compliance by any subcontractor provisions of this paragraph B are applicable where the amount of the or lower t ier subcontractor with all the contract clauses in prime contract exceeds$100,000.As used in this paragraph,the terms this paragraph. "laborers"and"mechanics"include watchmen and guards.
7. Contract termination; debarment. A breach of the (1) Overtime requirements. No contractor or subcontractor contract clauses in 29 CFR 5.5 may be grounds for termination contracting for any part of the contract work which may require or involve of the contract and for debarment as a the employment of laborers or mechanics shall require or permit any contractor and a subcontractor as provided in 29 CFR such laborer or mechanic in any workweek in which the individual is
5.12. employed on such work to work in excess of 40 hours in such workweek
8. Compliance with Davis-Bacon and Related Act Requirements. unless such laborer or mechanic receives compensation at a rate not All rulings and interpretations of the Davis-Bacon and Related less than one and one-half times the basic rate of pay for all hours Acts contained in 29 CFR Parts 1, 3, and 5 are herein worked in excess of 40 hours in such workweek. incorporated by reference in this contract (2) Violation; liability for unpaid wages; I iquidated
9. Disputes concerning labor standards. Disputes arising damages. In the event of any violation of the clause set forth out of the labor standards provisions of this contract shall in subparagraph (1 )of this paragraph, the contractor and any not be subject to the general disputes clause of this contract. subcontractor responsible therefor shall be I iable for the Such disputes shall be resolved in accordance with the unpaid wages. In addition, such contractor and subcontractor procedures of the Department of Labor set forth in 29 CFR shall be I iable to the United States (in the case of work done Parts 5, 6, and 7. Disputes within the meaning of this clause under contract for the District of Columbia or a territory, to include disputes between the contractor (or any of i is such District or to such territory), for liquidated damages. subcontractors) and HUD or i is designee, the U. S. Such liquidated damages shall be computed with respect to Department of Labor, or the employees or their each individual laborer or mechanic, including watchmen and representatives. guards, employed in violation of the clause set forth in
10. (i) Certification of Eligibility. By entering into this subparagraph ( 1) of this paragraph, in the sum of$10 for each contract the contractor certifies that neither i t(nor he or she) calendar day on which such individual was required or permitted to work nor any person or f i rm who has an interest in the contractor' s in excess of the standard workweek of 40 hours without payment of the f i rm is a person or f i rm ineligible to be awarded Government overtime wages required by the clause set forth in sub paragraph contracts by virtue of Section 3(a) of the Davis-Bacon Act (1) of this paragraph. or 29 CFR 5. 12 (a)(1 ) or to be
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(3) Withholding for unpaid wages and I iquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, f rom any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract W ork Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and I iquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph ( 1) through (4 ) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract W ork Hours and Safety Standards Act, (Public Law 91- 54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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Appendix C:
Federal Requirements and Special Provisions
182
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APPENDIX C
FEDERAL REQUIREMENTS AND SPECIAL PROVISIONS
ITEMS THAT MUST BE SUBMITTED WITH BID PACKAGE
Items in this Section are included in the bid proposal section of the bid Contractor's Certification on Federal Contract Requirements Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
Disclosure of Lobbying Activities and Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
Equal Employment Opportunity Certification
Non-Segregated Facilities Certification
Non-Lobbying Certification for Federal-Aid Contracts
Non-Collusion Affidavit
ITEMS THAT MUST BE SUBMITTED PRIOR TO AWARD OF CONTRACT Section 3 Bidder's Certification 2
Section 3 Estimated Work Force Breakdown 3
Contract and Subcontract Activity— HUD Form 2516 4
ITEMS THAT MUST BE COMPLETED AND SUBMITTED FOR DURATION OF PROJECT Payroll Reporting DOL Form WH-347 and Instructions for Completion 6 Note: the form is double-sided. Must complete form in its entirety and submit weekly.
Record of Employee Interview 11
Note: City staff will conduct on the job interviews and complete the form
ITEMS THAT MUST BE COMPLETED AND SUBMITTED AT COMPLETION OF PROJECT Section 3 Work Force Breakdown 13
OTHER FEDERAL REQUIREMENTS
Notice of Requirement for Affirmative Action to Ensure Equal Employment 14 Opportunity Executive Order 11246: 41 CFR Part 60-2
Employee Rights Under the Davis-Bacon Act— Poster in English and Spanish 15 Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Policy 17 Section 3 Compliance Guide 18
Davis-Bacon Labor Standards 22
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SECTION 3
BIDDER'S CERTIFICATION
Name of Company:
Address:
Project Title:
This is to certify that I have read and understand the Section 3 resident employment and Section 3 resident business utilization requirements that apply to the above cited project, said requirements being known as the Section 3 Clause found in 24 CFR 135 and that neither the project nor the company are under any contractual restrictions or other disabilities which would prevent the company from complying with said requirements.
Signature Title Date
Signature Title Date
12/13/2022 CA Page 246 of 388
SECTION 3 ESTIMATED WORK FORCE BREAKDOWN
MUST BE COMPLETED BY PRIME AND SUBCONTRACTORS
Company Name:
Address: Primary Contact:
Contact Phone Number:
Project Title:
Employment and Training
TOTAL TOTAL NUMBER OF
ESTIMATED POSITIONS NUMBER OF POSITIONS TO BE Job Category POSITIONS OCCUPIED BY POSITIONS NOT FILLED WITH NEED FOR PERMANENT OCCUPIED SECTION 3
PROJECT EMPLOYEES RESIDENTS*
Administrative Staff:
Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low-income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
12/13/2022 E8 Page 247 of 388
blank page
12/13/2022 E9 Page 248 of 388
Contract and Subcontract Activity U.S.Department of Housing and Urban Development OMB Approval No.:2577-0088 OMB Approval No.:2502-0355
Public reporting burden for this collection of information is estimated to average.5 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. The Information is voluntary. HUD may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB Control Number.
Executive Orders dated July 14,1983,directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise(MBE)goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals.
Privacy Act Notice=The United States Department of Housing and Urban Development,Federal Housing Administration,is authorized to solicit the Information requested in this form by virtue of Title 12,United States Code,Section 1701 et seq.,and regulation. It will not be disclosed or relesed outside the United States Department of Housing and Urban Development without your consetn,except as required or permitted by Law.
1.Grantee/Project Owner/Developer/Sponsor/Builder/Agency Check if: 2. Location(City,State Zip Code) PH
IH
CPD
Housing
3a.Name of Contact Person 3b.Phone Number(Including Area Code) 4.Reporting Period 5.Program Code(Not applicable for CPD programs.) ❑ 6. Date Submitted to Field Office See explanation of Codes at bottom of Page Use a
❑ Oct. 1-Sept.30(Annual-FY) separate sheet for each program code.
Contractor or
Grant/Project Number or HUD Subcontractor
Case Number or other Amount of Type of Trade Business Subcontractor Contractor/Subcontractor Name and Address identification of property, Contract or Code Racial/Ethnic Woman Owned Business Prime Contractor Identification(ID) Identification(ID) 7j, subdivision,dwelling unit,etc. Subcontact (See below) (See below) (Yes or No) Number Sec. 3 Number Sec.3 7a. 7b. 7c. 7d. 7e. 7f. 7g. 7h 7i.
Name Street City State Zip
7c:Type of Trade Codes: 7d: Racial/Ethnic Codes: 5:Program Codes(Complete for Housing and Public and Indian Housing programs only):
CPD: Housing/Public Housing: 1=White Americans 1=All Insured,including Section8 5=Section 202 1=New Construction 1=New Construction 6=Professional 2=Black Americans 2=Flexible Subsidy 6=HUD-Held(Management) 2=Education/Training 2=Substantial Rehab. 7=Tenant Services 3=Native Americans 3=Section 8 Noninsured,Non-HFDA 7=Public/India Housing 3=Other 3=Repair 8=Education/Training 4=Hispanic Americans 4=Insured(Management) 8=Section 811 4=Service 9=Arch./Engrg.Appraisal 5=Asian/Pacific Americans 5=Project Man . 0=Other 6=Hasidic Jews
Previous editions are a form H - 8/ 0
This report is to be completed by grantees,developers,sponsors,builders,agencies,and/or completed for public and Indian housing and most community development programs.Form HUD costs or unusually high or low-income families. Very low-income families(including single project owners for reporting contract and subcontract activities of$10,000 or more under the 60002 is to be completed by all other HUD programs including State administered community persons)whose incomes do not exceed 50 per centum of the median family income for the area, following programs:Community Development Block Grants(entitlement and small cities); development programs covered under Section3. A Section 3 Contractor/subcontractor is a as determined by the Secretary with adjustments for smaller and larger families,except that the Urban Development Action Grants;Housing Development Grants;Multifamily Insured and business concern that provides economic opportunities to low and very Low-income residents of secretary may establish income ceilings higher or lower than 50 per centum of the median for the Noninsured;Public and Indian Housing Authorities;and contracts entered into by recipients of the metropolitan area(or nonmetropolitan county),including a business concern that is 51 person area on the basis of the Secretary's findings that such variations are necessary because of CDBG rehabilitation assistance. or more owned by low-income residents; unusually high or low family incomes.
Contracts/subcontracts of less than$10,000 need be reported only if such contracts represent a or provides subcontracting or business development opportunities to businesses owned by low or Submit two(2)copies of this report to your local HUD Office within ten(10)days after the end significant portion of your total contracting activity.Include only contracts executed during low-income residents. Low and very low-income residents;include participants in Youthbuild of the reporting period you checked in item 4 on the front. Complete item 7h.Only once for each this reporting period. programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable contractor/subcontractor on each semi-annual report.
Housing Act.
This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section The terms"low-income persons"and"very low-income persons"have the same meanings given Enter the prime contractor's ID in item 7f.for all contracts and subcontracts.Include only 3 requires that the employment and other economic opportunities generated by HUD financial the terms in section3(b)(2)of the United States Housing Act of 1937. Low-income persons mean contracts expected during this reporting period. PHAs/IHAs are to report all assistance for housing and community development programs shall,to the greatest extent families(including single persons)whose incomes do not exceed 80 per centum of the median contracts/subcontracts. feasible,be directed toward low-and very low-income persons,particularly those who are income for the area,as determined by the Secretary,with adjustments for smaller an larger recipients of government assistance for housing.Recipients using this form to report Section 3 families,except that the Secretary may establish income ceilings higher or lower than 80 per contract data must also use Part I of form HUD-60002 to report employment and training centum of the median for the area on the basis of the Secretary's findings that such variations are opportunities data.Form HUD-2516 is to be necessary because of prevailing levels of construction Community Development Programs Multifamily Housing Programs Public Housing and Indian Housing Programs
1.Grantee:Enter the name of the unit of government submitting this report. 1.Grantee/Project Owner:Enter the name of the unit of government,agency or mortgagor PHAs/IHAs are to report all contracts/subcontracts.Include only contracts executed during this entity submitting this report. reporting period.
3.Contact Person:Enter name and phone of person responsible for maintaining and 1.Project Owner:Enter the name of the unit of government,agency or mortgagor entity submitting contract/subcontract data. 3.Contact Person:Same as item 3 under CPD Programs. submitting this report.Check box as appropriate. 7a.Grant Number:Enter the HUD Community Development Block Grant Identification Number(with dashes).For example:B-32-MC-25-0034.For Entitlement Programs and Small 4.Reporting Period:Check only one period. 3.Contact Person: Same as item 3 under CPD Programs.
City multi-year comprehensive programs,enter the latest approved grant number. 7b.Amount of Contract/Subcontract:Enter the dollar amount rounded to the nearest dollar.
If subcontractor ID number is provided in 7f,the dollar figure would be for the subcontract 5.Program Code:Enter the appropriate program code. 4.Reporting Period: Check only one period. only and not for the prime contract.
7c.Type of Trade:Enter the numeric codes which best indicates the 7a.Grant/Project Number:Enter the HUD Project Number or Housing Development Grant or contractor's/subcontractor's service.If subcontractor ID number is provided in 7f.,the type of 5.Program Code: Enter the appropriate program code. trade code would be for the subcontractor only and not for the prime contractor. number assigned.
The"other"category includes supply,professional services and all other activities except 7b Amount of Contract/Subcontract:Same as item 7b 7a.Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or construction and education/training activities. . .under CPD Programs. number assigned. 7d.Business Racial/Ethnic/Gender Code:Enter the numeric code which indicates the 7c.Type of Trade:Same as item 7c.under CPD Programs. 7b.Amount of Contract/Subcontract: Same as item 7b.under CPD Programs. racial/ethnic/gender character of the owner(s)and controller(s)of 51%of the business.
When 51%or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate.If the subcontractor ID number is provided,the 7d.Business Racial/Ethnic/Gender Code:Same as item 7d.under CPD Programs. 7c.Type of Trade: Same as item 7c.under CPD Programs. code would apply to the subcontractor and not to the prime contractor. 7e.Woman Owned Business:Enter Yes or No. 7e.Woman Owned Business:Enter Yes or No. 7d.Business Racial/Ethnic/Gender Code: Same as item 7d.under CPD Programs. 7f.Contractor Identification(ID)Number:Enter the Employer(IRS)Number of the Prime Contractor as the unique identifier for prime recipient of HUD funds.Note that the Employer 7f.Contractor Identification(ID)Number:Same as item 7f.under CPD Programs. 7c.Woman Owned Business: Enter Yes or No. (IRS)Number must be provided for each contract/subcontract awarded. 7g.Section 3 Contractor:Enter Yes or No. 7g.Section 3 Contractor:Enter Yes or No. 7f.Contractor Identification(ID)Number: Same as item 7f.under CPD Programs. 7h.Subcontractor Identification(ID)Number:Enter the Employer(IRS)Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds.When 7h.Subcontractor Identification(ID)Number:Same as item 7h.under CPD Programs. 7g.Section 3 Contractor: Enter Yes or No. the subcontractor ID Number is provided,the respective Prime Contractor ID Number must also be provided.
7i.Section 3 Contractor:Enter Yes or No. 7i.Section 3 Contractor:Enter Yes or No. 7h.Subcontractor Identification(ID)Number: Same as item 7h.under CPD Programs. 7j.Contractor/Subcontractor Name and Address:Enter this information for each firm 7j.Contractor/Subcontractor Name and Address:Same as item 7j.under CPD Programs. 7i.Section 3 Contractor: Enter Yes or No. receiving contract/subcontract activity only one time on each report for each firm. 7j.Contractor/Subcontractor Name and Address: Same as item 7j.under CPD Programs. 12/13/2022 ES Page 250 of 388
U.S. Department of Labor PAYROLL
Wage and Hour Division WHO
For Contractor's O Optional Use; See Instructions at www.dol . ov/whd/forms/wh347!nstr.htm p www.dol.gov/whd/forms/wh347!nstr.htm) U.S.Wage and Hour Division Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev.Dec.2008 NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.:1235-0008 Expires:04/30/2021
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (2) (3) (4)DAY AND DATE (5) (6) (7) (9) (8)
z, DEDUCTIONS
O o NET
NAME AND INDIVIDUAL IDENTIFYING NUMBER LL=a O I GROSS WITH- WAGES (e.g.,LAST FOUR DIGITS OF SOCIAL SECURITY �F w WORK o TOTAL RATE AMOUNT HOLDING TOTAL PAID NUMBER)OF WORKER z 3 w CLASSIFICATION HOURS WORKED EACH DAY HOURSI OF PAY EARNED FICA TAX I OTHER DEDUCTIONS FOR WEEK 0 S
0 S
0 S
0 S
0 S
0 S
0 S
O
S
While completion of Form WH-347 is optional,it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R.§§3.3,5.5(a).The Copeland Act (40 U.S.C.§3145)contractors and subcontractors performing work on Federally financed or assisted construction contracts to"furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S.Department of Labor(DOL)regulations at 29 C.F.R.§5.5(a)(3)(ii)require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project,accompanied by a signed"Statement of Compliance"indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed.DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.If you have any comments regardiI V Se est,matg Ify other aspect of this collection,including suggestions for reducing this burden,send them to Thie6dministrator,Wage and Hour Division,U.S.Department of Labor,Room S3502,2QO�C tPt'utio�Avenue� f 388 Washington,D.C.20 1 2a (G' P (over)
Date (b)WHERE FRINGE BENEFITS ARE PAID IN CASH I, ❑ — Each laborer or mechanic listed in the above referenced payroll has been paid, (Name of Signatory Party) (Title) as indicated on the payroll,an amount not less than the sum of the applicable do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in section 4(c)below.
(1)That I pay or supervise the payment of the persons employed by (c)EXCEPTIONS
on the
(Contractor or Subcontractor) EXCEPTION(CRAFT) EXPLANATION ;that during the payroll period commencing on the
(Building or Work)
day of and ending the day of
all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person,other than permissible deductions as defined in Regulations,Part 3(29 C.F.R.Subtitle A),issued by the Secretary of Labor under the Copeland Act,as amended(48 Stat.948, 63 Stat.108,72 Stat.967;76 Stat.357;40 U.S.C.§3145),and described below:
REMARKS:
(2)That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract;that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3)That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training,United States Department of Labor,or if no such recognized agency exists in a State,are registered with the Bureau of Apprenticeship and Training,United States Department of Labor. (4)That:
(a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS,OR PROGRAMS NAME AND TITLE SIGNATURE ❑ — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed In the contract THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR have been or will be made to appropriate programs for the benefit of such employees, SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE except as noted In section 4(c)below. 131 OF THE UNITED STATES CODE. 12/13/2022 E8 Page 252 of 388
Instructions for Completing Payroll Form, WH-347
General: Form WH-347has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts.
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Under the Davis-Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits.
This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he/she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow:
Contractor or Subcontractor: Fill in your firm's name and check appropriate box.
Address: Fill in your firm's address.
Payroll No.: Beginning with the number"1", list the payroll number for the submission.
For Week Ending: List the workweek ending date.
Project and Location: Self-explanatory.
Project or Contract No.: Self-explanatory.
Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted.
12/13/2022 (6$P Page 253 of 388
Column 2 - No. of Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5.
Column 3 - Work Classifications: List classification descriptive of work actually performed by each laborer or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be shown as having worked in more than one classification provided an accurate breakdown or hours worked in each classification is maintained and shown on the submitted payroll by use of separate entries.
Column 4 - Hours worked: List the day and date and straight time and overtime hours worked in the applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime".
Column 5 -Total: Self-explanatory
Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance in correctly computing overtime.
See "Fringe Benefits" below. When overtime is worked, show the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker; otherwise, you may skip this box. See "Fringe Benefits" below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below.
Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the earnings of a worker who earned $163.00 on a Federally assisted construction project during a week in which $420.00 was earned on all work.
Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction are involved, use the first four columns and show the balance deductions under "Other" column; show actual total under"Total Deductions" column; and in the attachment to the payroll describe the deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project, show actual deductions from his/her weekly gross wage, and indicate that deductions are based on his gross wages.
Column 9 - Net Wages Paid for Week: Self-explanatory.
Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires.
12/13/2022 (6,81 Page 254 of 388
Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement(on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both.
Accordingly, the party signing this statement should have knowledge of the facts represented as true.
Items land 2: Space has been provided between items (1)and (2)of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement.
Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH-347 payroll form to indicate the payment. Note any exceptions in section 4(c).
Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b)of the statement on page 2 the payroll form to indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in section 4(c).
Use of Section 4(c), Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate.
12/13/2022 (69 Page 255 of 388
Record of U.S. Department of Housing OMB Approval No. 2501-0009 and Urban Development (exp. 10/31/2010)
Employee Interview Office of Labor Relations
Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Federal labor standards by recording interviews with construction workers.The information collected will assist HUD in the conduct of compliance monitoring;the information will be used to test the veracity of certified payroll reports submitted by the employer.Sensitive Information.The information collected on this form is considered sensitive and is protected by the Privacy Act.The Privacy Act requires that these records be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality.In addition,these records should be protected against any anticipated threats or hazards to their security or integrity that could result in substantial harm,embarrassment,inconvenience,or unfairness to any individual on whom the information is maintained.The information collected herein is voluntary,and any information provided shall be kept confidential. la. Project Name 2a. Employee Name
1b. Project Number 2b. Employee Phone Number(including area code) 1c. Contractor or Subcontractor(Employer) 2c. Employee Home Address&Zip Code 2d. Verification of identification?
Yes❑ No ❑
3a. How long on this 3b. Last date on this 3c.No.of hours last 4a. Hourly rate of pay? 4b. Fringe Benefits? 4c. Pay stub? job? job before today? day on this job?
Vacation Yes❑ No ❑ Yes❑ No ❑
Medical Yes❑ No ❑
Pension Yes❑ No ❑
5. Your job classification(s)(list all)---continue on a separate sheet if necessary
6. Your duties
7. Tools or equipment used
Y N Y N
8.Are you an apprentice or trainee? ❑ ❑ 10.Are you paid at least time and'/z for all hours worked in excess of 40 in a week? ❑ ❑
9.Are you paid for all hours worked? ❑ ❑ 11. Have you ever been threatened or coerced into giving up any part of your pay? ❑ ❑ 12a. Employee Signature 12b. Date
13. Duties observed by the Interviewer(Please be specific.)
14. Remarks
15a. Interviewer name(please print) 15b. Signature of Interviewer 15c. Date of interview Payroll Examination
16. Remarks
17a. Signature of Payroll Examiner 17b. Date
Previous editions are obsolete Form HUD-11(08/2004) 12/13/2022 (C-B3 Page 256 of 388
Instructions
General:
This form is to be used by HUD and local agency staff for recording information gathered during on-site interviews with laborers and mechanics employed on projects subject to Federal prevailing wage requirements. Typically,the staff that will conduct on- site interviews and use this form are HUD staff and fee construction inspectors, HUD Labor Relations staff, and local agency labor standards contract monitors.
Information recorded on the form HUD-11 is evaluated for general compliance and compared to certified payroll reports submitted by the respective employer. The comparison tests the veracity of the payroll reports and may be critical to the successful conclusion of enforcement actions in the event of labor standards violations. The thoroughness and accuracy of the information gathered during interviews is crucial.
Note that the interview itself and the information collected on the form HUD-11 are considered confidential. Interviews should be conducted individually and privately. All laborers and mechanics employed on the job site must be made available for interview at the interviewer's request. The employee's participation, however, is voluntary. Interviews shall be conducted in a manner and place that are conducive to the purposes of the interview and that cause the least inconvenience to the employer(s)and the employee(s).
Completing the form HUD-11
Items 1 a- 1 c: Self-explanatory
Items 2a—2d: Enter the employee's full name, a telephone number where the employee can be reached, and the employee's home address. Many construction workers use a temporary address in the locality of the project and have a more permanent address elsewhere from which mail may be forwarded to them. Obtain a more permanent address, if available. Ask the employee for a form of identification (e.g., driver's license)to verify their name.
Items 3a—4c: Enter the employee's responses. Ask the employee whether they have a pay stub with them; if so, determine whether the pay stub is consistent with the information provided by the employee.
Items 5—7: Be certain that the employee's responses are specific. For example,job classification (#5)must identify the trade involved (e.g., Carpenter, Electrician, Plumber)—responses such as'journeyman"or"mechanic"are not helpful for our purposes.
Items 8— 12b: Self-explanatory
Items 13—15c: These items represent some of the most important information that can be gathered while conducting on-site interviews. Please be specific about the duties you observed the employee performing. It may be easiest to make these observations before initiating the interview. Please record any comments or remarks that may be helpful. For example, if the employee interviewed was working with a crew, how many workers were in the crew? Was the employee evasive? The level of specificity that is warranted is directly related to the extent to which interview(s)or other observations indicate that there may be violations present. If interviews indicate that there may be underpayments involving a particular trade(s),the interviewer is encouraged to interview as many workers in that trade(s)that are available.
Items 16—17b: The information on the form HUD-11 may be reviewed for general compliance, initially. For example, are the job classification and wage rate stated by the employee compatible with the classifications and wage rates on the applicable wage decision? Are the duties observed by the interviewer consistent with the job classification? Once the corresponding certified payroll reports are received,the information on the HUD-11 shall be compared to the payroll reports. Any discrepancies noted between the HUD-11 information and that on the payroll report shall be noted in Item 16, Remarks. If discrepancies are noted,follow-up actions to resolve the discrepancies must be taken. 12/13/2022 (68t Page 257 of 388
SECTION 3 WORK FORCE BREAKDOWN
**To be completed by Contractor at the completion of project** Company Name:
Address: Primary Contact:
Contact Phone Number:
Project Title:
Employment and Training
TOTAL TOTAL NUMBER OF
ESTIMATED POSITIONS NUMBER OF POSITIONS TO BE Job Category POSITIONS OCCUPIED BY POSITIONS NOT FILLED WITH NEED FOR PERMANENT OCCUPIED SECTION 3
PROJECT EMPLOYEES RESIDENTS*
Administrative Staff:
Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low-income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
12/13/2022ffi Page 258 of 388
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: 16.9% Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a)and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is California, San Diego County, City of Vista.
12/13/2022 (69 Page 259 of 388
EPAPLOYEE RIGHTS
UNDER THE DAVIS= BACON ACT
FOR L BORERS AND MECHANICS
EMPLOYED ON FEDERAL OR
FEDERALLY ASSISTED
CONSTRUCTION PROJECTS
PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted WAGES with this Notice for the work you perform.
OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.
ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.
APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.
PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor's Wage and Hour Division.
SENT pF 0
4 04WHOWAGE AND HOUR DIVISIONi i i• • i
UNITED STATES DEPARTMENT OF LABOR www.dol.gov/whd
STATES OF P
2022I e 260 ,
DERECHOS DEL EMPLEADO
BAJO LA LEY DAVIS- BACON
0'
PARA OBREROS Y MECANICOS
EMPLEADOS EN PROYECTOS DE
0'
CONSTRUCCION FEDERAL 0 CON
ASISTENCIA FEDERAL
SALARIOS No se le puede pagar menos de la tasa de pago indicada en la Decision de Salarios Davis-Bacon fijada con PREVALECIENTES este Aviso para el trabajo que Ud. desempena.
SOBRETIEMPO Se le ha de pagar no menos de tiempo y medio de su tasa basica de pago por todas las horas trabajadas en exceso de 40 en una semana laboral. Existen pocas excepciones.
CUMPLIMIENTO Se pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y el pago de sobretiempo debidos, y se podria aplicar danos y perjuicios si no se cumple con las exigencias del pago de sobretiempo. Las clausulas contractuales de Davis-Bacon permiten la terminacion y exclusion de contratistas para efectuar futuros contratos federales hasta tres anos. El contratista que falsifique los registros certificados de las nominas de pago o induzca devoluciones de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o encarcelamiento.
APRENDICES Las tasas de aprendices solo se aplican a aprendices correctamente inscritos bajo programas federales o estatales aprobados.
PAGO APROPIADO Si Ud. no recibe el pago apropiado, o precisa de informacion adicional sobre los salarios aplicables, pongase en contacto con el Contratista Oficial que aparece abajo:
o pongase en contacto con la Division de Horas y Salarios del Departamento de Trabajo de los EE.UU. �$NT OF
CP4� lqr1-866-487-9243
W
Divisi6N DE HORASi i i• •
H a DEPARTAMENTO DE TRABAJO DE LOS EE.UU. www.dol.gov/whd STATES O� x
2022 � Pag AU10/17
MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS
ENTERPRISE (WBE) POLICY
For all construction projects assisted with Community Development Block Grant (CDBG) funds, it is the policy of the U. S. Department of Housing and Urban Development (HUD) to foster and promote Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) participation, to the extent permitted by law and consistent with its primary mission. Contractors are encouraged to seek to promote MBE's and WBE's during the duration of this contract.
What are MBE's and WBE's?
Minority and women business enterprises are defined as any financial institution, business, service, contracting business which is solely owned and operated by a minority group member or women or 50% or more of its partners or stockholders are minority group members or women. If the enterprise is publicly owned, the minority members or stockholders must have at least 51% interest and possess control over management, capital and earnings. For the purpose of this definition, minority group members are Black, Hispanics, Asians, Native Americans, Alaskans or Pacific Islanders.
For more information view HUD's website at portal.hud.gov.
Reporting
All Contractors working on construction projects assisted with Federal funds must complete Form HUD-2516, Contract and Subcontract Activity Report. Reports are filled out once during the reporting period that the contract was executed. Included in this addendum is a blank Form HUD- 2516 for your use along with directions on how to complete the form.
Obtaining Lists of Minority and Women Contractors
HUD does not have a MBE or WBE database; however, Caltrans is an excellent source of information regarding minority and women contractors. A complete copy of the statewide listing may be obtained by calling the Caltrans Publications Distribution Unit at 916.445.3520.
Other sources of information are:
Caltrans Civil Rights Program
Business Enterprise Program
916.324.1700 or toll free at 866.810.6346
Civil Rights Website: dot.ca.gov/hq/bep
National Economic Development Association at 916.649.2551. 12/13/2022 (61P Page 262 of 388
SECTION 3 COMPLIANCE GUIDE
ECONOMIC OPPORTUNITIES FOR LOW AND VERY LOW INCOME PERSONS What is Section 3?
The U.S. Government Code of Federal Regulations, Title 24, Housing and Urban Development (HUD), Part 135 — Economic Opportunities for Low- and Very Low-Income Persons, commonly referred to as the "Section 3", is a provision that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency.
The Section 3 program requires that economic opportunities generated by HUD financial assistance for housing and community development programs must, to the greatest extent feasible, be directed to low- and very low-income persons and to businesses owned by or employing low- and very low-income persons.
What aroarams are covered?
Section 3 requirements apply to community development and housing assistance projects funded by Community Development Block Grant (CDBG) funds and Home Investment Partnership Program (HOME) funds. The Section 3 requirements apply to job training, employment, contracting and subcontracting and other economic opportunities arising from projects involving construction, reconstructions, conversion, or rehabilitation (including lead-based paint hazard reduction and abatement) of housing, other buildings, or improvements assisted with Federal funds administered by HUD.
Who are Section 3 residents?
Section 3 residents are:
• Public housing residents or
• Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below HUD's income limits.
Determining Income Levels
• Low income is defined as 80% or below the median income of that area. • Very low income is defined as 50% or below the median income of that area.
San Diego County Income Limits
Effective April 1, 2018
FAMILY 80% of AMI* 50% of AMI* 30% of AMI* SIZE Low Income Very Low Income Extremely Low Income 1 54,500 34,100 20,450
2 62,300 38,950 23,400
3 70,100 43,800 26,300
4 77,850 48,650 29,200
5 84,100 52,550 31,550
6 90,350 56,450 33,900
7 96,550 60,350 38,060
8 102,800 64,250 42,380
12/13/2022 (irx Page 263 of 388
What is a Section 3 business?
It is a business that is owned by Section 3 residents or Employs Section 3 residents in full-time positions or subcontracts with businesses, which provide economic opportunities to low income persons. A business seeking to qualify for a Section 3 contracting preference shall certify or submit evidence, if requested, that the business concern is a Section 3 qualified business under 24 CFR Part 135.
What types of economic opportunities are available under Section 3? ❖ Job training
❖ Employment
❖ Contracts
Examples include:
Administrative/Management Services Construction
accounting appliance repair architecture
payroll florists bricklaying
research marketing carpentry
bookkeeping carpet installation cement/masonry purchasing janitorial demolition drywall
word processing photography electrical elevator catering construction
landscaping engineering fencing
printing heating
computer/information iron works
manufacturing machine
transportation operation
painting
plastering
plumbing
surveying
tile setting
Section 3 Numerical Goals for satisfying the greatest extent feasible requirement are:
• The Target for New Hires & Training Opportunities is 30% of the aggregate# of new hires. • Targets for Contracts with Section 3 Business Concerns is, Construction 10% of the total dollar amount. All Other contracts, 3%of the total dollar amount of all other Section 3 covered contracts.
Who will award the economic opportunities?
The City of Vista and its contractors and subcontractors are required to provide economic opportunities to the greatest extent feasible, consistent with existing Federal, State, and local laws and regulations whenever HUD financial assistance is used to fund a project. 12/13/2022 Page 264 of 388
Who receives priority under Section 3?
For training and employment:
❖ Persons in public and assisted housing
❖ Persons in the neighborhood
❖ Participants in HUD Youth Build programs
❖ Homeless persons
For contracting:
❖ Businesses, which fit the definition of a Section 3 business.
What is the Section 3 Business Reaistry?
The Section 3 Business Registry is a listing of businesses that have self-certified that they meet one of the eligibility criteria of a Section 3 business, and have submitted publicly available information about their firm (i.e. business name, address, type of services provided, etc.) to be included HUD's online database.
To search for Section 3 businesses in your community, register your business, or learn more about HUD's Section 3 Business Registry, please visit www.hud.gov/Sec3biz .
Will HUD reauire compliance?
Yes. HUD receives annual reports from the City, monitors the performance of contractors and investigates complaints. HUD examines employment and contract records for evidence of actions taken to train and employ Section 3 residents and to award contracts to Section 3 businesses.
What if it appears an entity is not complying with Section 3? Section 3 residents or businesses that believe that they have been denied employment, training, or contracting opportunities associated with HUD funded projects are encouraged to file a complaint with HUD at the appropriate Regional Office of Fair Housing and Equal Opportunity (FHEO). A copy of the Section 3 Complaint Form (HUD-958)and a list of FHEO Regional Offices can be found online at www.hud.gov/Section3
File a complaint in writing to:
U.S. Department of Housing and
Urban Development 300 N. Los
Angeles Street, Suite 4054
Los Angeles, CA 90012
or to:
Assistant Secretary for Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development
451 Seventh Street, S.W.,
Room 5100
Washington, D.C. 20410-2000
12/13/2022 Page 265 of 388
A written complaint should contain:
❖ Name and address of the person filing the complaint
❖ Name and address of subject of complaint (HUD recipient or contractor) ❖ Description of acts or omissions in alleged violation of Section 3 ❖ Statement of corrective action sought
12/13/2022 Page 266 of 388
MENTO, U.S. Department of Housing
*N� and Urban Development
IIIIII i Labor Relations Desk Guide
9egN DEV0" LROI.DG
A Contractor's Guide
to Prevailing Wage Requirements
for • I • Construction Projects
a � J
January 2012 ��
Previous versions obsolete A
12/13/2022 Page 267 of 388
_ �j
INTRODUCTION
This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis- Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are appli- cable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency.
Our objective here is to provide you with a guide which is simple and non-bureaucratic yet comprehensive and which will help you better understand and comply with Davis-Bacon labor standards. HUD's Office of Labor Relations worked closely with the Department of Labor's Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding.
There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what's in your contract that requires Davis-Bacon compliance and your respon- sibilities. The second chapter deals with labor standards and payroll reporting requirements.
The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due.
Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the pur- pose of this Guide, we are assuming that a determination has already been made that Davis- Bacon wage rates are applicable. Should you wish assistance in determining whether Davis- Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you don't know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUD's Home Page at the address below.
Visit the Office of Labor Relations on-line:
http://www.hud,aov/offices/olr
Obtain additional copies of this Guide and other publications at our website or by telephone from HUD's Customer Service Center at (800)767-7468.
12/13/2022 Page 268 of 388i
TABLE OF CONTENTS
INTRODUCTION................................................................................................................i CHAPTER 1 LAWS, REGULATIONS, CONTRACTS
AND RESPONSIBILITIES.................................................................1-1 1-1 DAVIS-BACON AND OTHER LABOR LAWS. ....................................................... 1-1 a. The Davis-Bacon Act (DBA)...............................................................................1-1 b. The Contract Work Hours and Safety Standards Act (CWHSSA)...................... 1-1 c. The Copeland Act (Anti-Kickback Act)................................................................1-2 d. The Fair Labor Standards Act (FLSA)................................................................1-2 1-2 DAVIS-BACON REGULATIONS.............................................................................1-2 1-3 CONSTRUCTION CONTRACT PROVISIONS ....................................................... 1-2 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR...................................... 1-3 1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR................................. 1-4 CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS
AND PAYROLL REPORTING REQUIREMENTS .............................2-1
SECTION - I THE BASICS
2-1 THE WAGE DECISION ...........................................................................................2-1 a. The work classifications and wage rates............................................................2-1 b. Posting the wage decision..................................................................................2-2 2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND WAGE RATES.......................2-2 a. Additional classification rules .............................................................................2-2 b. Making the request.............................................................................................2-3 c. HUD review........................................................................................................2-3 d. DOL decision......................................................................................................2-3 2-3 CERTIFIED PAYROLL REPORTS..........................................................................2-4 a. Payroll formats ...................................................................................................2-4 b. Payroll certifications ...........................................................................................2-4 c. "No work" payrolls ..............................................................................................2-4 d. Payroll review and submission...........................................................................2-5 e. Payroll retention .................................................................................................2-5 f. Payroll inspection ...............................................................................................2-5 2-4 DAVIS-BACON DEFINITIONS................................................................................2-5 a. Laborer or mechanic ..........................................................................................2-5 b. Employee ...........................................................................................................2-6 c. Apprentices and trainees....................................................................................2-6 d. Prevailing wages or wage rates .........................................................................2-7 e. Fringe benefits....................................................................................................2-7 f. Overtime.............................................................................................................2-7 g. Deductions .........................................................................................................2-8 h. Proper designation of trade................................................................................2-8 i. Site of work.........................................................................................................2-8 12/13/2022 Page 269 of 38$ii
SECTION - II REPORTING REQUIREMENT
2-5 COMPLETING A PAYROLL REPORT....................................................................2-9 a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.........................................................................................2-9 c. Work classification..............................................................................................2-9 d. Hours worked .....................................................................................................2-10 e. Rate of pay.........................................................................................................2-10 f. Gross wages earned ..........................................................................................2-10 g. Deductions .........................................................................................................2-11 h. Net pay...............................................................................................................2-11 i. Statement of compliance....................................................................................2-11 j. Signature............................................................................................................2-11
SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS.......................................................................................2-12 a. On-site interviews...............................................................................................2-12 b. Project payroll reviews .......................................................................................2-12 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS .......................2-12 a. Inadequate payroll information...........................................................................2-12 b. Missing identification numbers ...........................................................................2-12 c. Incomplete payrolls ............................................................................................2-13 d. Classifications ....................................................................................................2-13 e. Wage Rates........................................................................................................2-13 f. Apprentices and trainees....................................................................................2-13 g. Overtime.............................................................................................................2-13 h. Computations .....................................................................................................2-13 i. Deductions .........................................................................................................2-13 j. Fringe benefits....................................................................................................2-14 k. Signature............................................................................................................2-14 I. On-site interview comparisons ...........................................................................2-14 m. Correction certified payroll..................................................................................2-14 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.............................................2-14 a. Notification..........................................................................................................2-14 b. Computing wage restitution................................................................................2-15 c. Correction certified payrolls................................................................................2-15 d. Review of correction CPR..................................................................................2-15 e. Unfound workers................................................................................................2-15 iv12/13/2022 (�X Page 270 of 388
CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE
REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW
ACCOUNTS, AND SANCTIONS.......................................................3-1 3-1 INTRODUCTION .....................................................................................................3-1 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.....................3-1 a. Additional classifications and wage rates...........................................................3-1 b. Findings of underpayment..................................................................................3-2 3-3 WITHHOLDING.......................................................................................................3-2 3-4 DEPOSITS AND ESCROWS ..................................................................................3-3 3-5 ADMINISTRATIVE SANCTIONS ............................................................................3-4 a. DOL debarment..................................................................................................3-4 b. HUD sanctions ...................................................................................................3-4 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS........................................3-5
APPENDICIES
ACRONYMS AND SYMBOLS ...........................................................................................A-1 DAVIS-BACON - RELATED WEB SITES* ........................................................................A-2 HUD-4720, Project Wage Rate Sheet ..............................................................................A-3 WH-347, Payroll Form/Statement of Compliance ..........................................................A-4 12/13/2022 Page 271 of 38E�
CHAPTER 1 LAWS, REGULATIONS, CONTRACTS
AND RESPONSIBILITIES
The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects:
1-1 DAVIS-BACON AND OTHER LABOR LAWS.
a. The Davis-Bacon Act (DBA). The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works.
Most HUD construction work is not covered by the DBA itself since HUD seldom contracts directly for construction services. Most often, if Davis-Bacon wage rates apply to a HUD project it is because of a labor provision contained in one of HUD's "Related Acts" such as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self-Determination Act of 1996. The Related Acts are often referred to as the Davis-Bacon and Related Acts or DBRA. b. The Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Federal criminal prosecution.
CWHSSA does not apply to prime contracts of $100,000 or less. In addition, some HUD projects are not covered by CWHSSA because some HUD programs only provide loan guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage rates, or HUD-determined rates for operation of public housing and Indian block grant- assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/ offices/olr/library.cfm)
12/13/2022 Page 272 of 38V-1
c. The Copeland Act (Anti-Kickback Act). The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally- assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. d. The Fair Labor Standards Act (FLSA). The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA.
HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. 1-2 DAVIS-BACON REGULATIONS.
The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 1, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports.
Part 5 covers the labor standards provisions that are in your contract relating to Davis- Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws.
ChDOL Regulations are available on-line on the World Wide Web:
ttp:// www.dol.gov/dol/allcfr/Title_29.htm
1-3 CONSTRUCTION CONTRACT PROVISIONS
Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally bound into the contract specifications.
a. The labor standards clauses. The labor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects 1-12/13/2022 (6V Page 273 of 388
administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction or the HUD-5370-EZ (construction contracts www.hud.gov/offices/adm/hudclips/index.cfm b. Davis-Bacon Wage Decisions. The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid.
Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construction begins, the wage decision is "locked-in" and no future modifications are applicable to the contract or project involved.
All current Davis-Bacon wage decisions can be accessed on-line at no cost at:
http://www.wdol.gov
1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR
The principal contractor(also referred to as the prime or general contractor)is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.) To make this Guide easier to understand, the term "prime contractor" will mean the principal contractor; "subcontractor" will mean all subcontractors including lower-tier subcontractors; and the term "employer" will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors. 12/13/2022 Page 274 of 38�-3
1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR.
The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see 2-1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction.The contract administrator also monitors labor standards compliance (see 2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required.
The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA- insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD-assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), Indian tribes and tribally-designated housing entities (TDHEs), and States, cities and counties under HUD's Community Development Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same.
The DOL also has a role in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information.
1_V/13/2022 C_9 Page 275 of 388
CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS
AND PAYROLL REPORTING REQUIREMENTS
WHERE TO START? Now that you know you're on a Davis-Bacon project and you know some of the legal and practical implications, what's next?
SECTION I - THE BASICS
2-1 THE WAGE DECISION.
Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed.
If you don't have it already (and by now you should), you'll want to get a copy of the applicable Davis-Bacon wage decision.
Remember, the wage decision is contained in the contract specifications along with the labor standards clauses. See 1-3, Construction Contract Provisions. a. The work classifications and wage rates. A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You'll want to make sure that the work classification(s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff) if you have any trouble reading the wage decision or finding the work classification(s) you need.
To make reading lengthy wage decisions easier for you, the contract administrator may prepare a Project Wage Rate Sheet (HUD-4720). This Sheet is a one-page transcript that will show only the classifications and wage rates for a particular project. A blank copy of a Project Wage Rate Sheet is provided for you in the appendix. Also, a fillable version of this form is available on-line at HUDClips (see web address in the Appendix). Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet.
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b. Posting the wage decision. If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of the DOL Davis-Bacon poster titled Employee Rights under the Davis-Bacon Act (Form WH- 1321) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won't be destroyed by wind or rain, etc. The Employee Rights under the Davis-Bacon Act poster is available in English and Spanish on-line at HUDCIips (see address in the Appendix).
The Employee Rights under the Davis-Bacon Act poster (WH-1321) replaces the Notice to all Employees. The new poster is available in English and Spanish on-line at HUDCIips (see address in the Appendix).
2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND WAGE RATES.
What if the work classification you need isn't on the wage decision? If the work classification(s) that you need doesn't appear on the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you'll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; you'll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here:
a. Additional classification rules. Additional classifications and wage rates can be approved if:
1. The requested classification is used by construction contractors in the area of the project. (The area is usually defined as the county where the project is located).
2. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. (In other words, if there already is an Electrician classification and wage rate on the wage decision you can't request another Electrician classification and rate.)
3. The proposed wage rate for the requested classification "fits" with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And,
4. The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers' representatives, must agree with the proposed wage rate.
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b. Making the request. A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform.
c. HUD review. The HUD Labor Relations field staff will review the requested classification and wage rate to determine whetherthe request meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact the prime contractor(or contract administrator for local agency projects) for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval/referral letter to the DOL.
If the HUD Labor Relations staff doesn't think the request meets the rules and if agreement can't be reached on the proper classification or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn't be approved. The DOL still has final decision authority. You will receive a copy of the disapproval/referral letter to the DOL.
d. DOL decision. The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision.
If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommendation approved.
It's always a good idea to talk to the contract administrator before submitting an additional classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually, the contract administrator can give you an idea about what the DOL will finally decide.
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2-3 CERTIFIED PAYROLL REPORTS.
You'll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It's always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project "Final." a. Payroll formats. The easiest form to use is DOL's WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDClips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce.
You are not required to use Payroll form WH-347. You are welcome to use any other type of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347.
b. Payroll certifications. The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH- 347, or any other format which contains the same certification language on the WH-347 (reverse).
DOL's website has Payroll Instructions and the Payroll form WH-347 in a "fillable" PDF format at this address-
www.dol.gov/whd/forms/wh347.pdf
c. "No work" payrolls. "No work" payrolls may be submitted whenever there is a temporary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See tip box, for "no work" payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you number payrolls consecutively or if you send a note, you do not need to send "no work" payrolls.
C
f you number your payroll reports consecutively, you do not need to submit "no work" payrolls!
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d. Payroll review and submission. The prime contractor should review each subcontractor's payroll reports for compliance prior to submitting the reports to the contract administrator.
Remember, the prime contractor is responsible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor.
An alert prime contractor that reviews subcontractor payroll submissions can detect any misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur.
e. Payroll retention. Every contractor(including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full SSNs, time cards, tax records, evidence of fringe benefit payments, for a Davis-Bacon project for at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project.
f. Payroll inspection. In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL.
2-4 DAVIS-BACON DEFINITIONS.
Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you:
a. Laborer or mechanic. "Laborers" and "mechanics" mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen and guards. "Laborers" and "mechanics" are the two groups of workers that must be paid not less than Davis-Bacon wage rates.
1. Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered "laborers" and "mechanics" for labor standards purposes for the time spent performing construction work.
2. Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. (Contact the contract administrator if you have any questions about whether a particular employee is excluded.) 12/13/2022 C9 Page 280 of 38L&5
b. Employee. Every person who performs the work of a laborer or mechanic is "employed" regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics.
For more information about working subcontractors, ask the contract administrator or your HUD Labor Relations Field Staff for a copy of Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed laborers and mechanics.
Labor Relations Letters and other helpful Labor Relations publications are available at HUD's Labor Relations web site (see the list of web site addresses in the Appendix). c. Apprentices and trainees. The only workers who can be paid less than the wage rate on the wage decision for theirwork classification are"apprentices"and "trainees" registered in approved apprenticeship or training programs. Approved programs are those which have been registered with the DOL or a DOL-recognized State Apprenticeship Council (SAC).
Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program.
Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied to the amount of time spent in the program. For example, 0-6 months: 65%; 6 months - 1 year: 70%; etc. The percentage is applied to the journeyman's wage rate. On Davis- Bacon projects, the percentage must be applied to the journeyman's wage rate on the applicable wage decision for that craft.
1. Probationary apprentice. A"probationary apprentice"can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice.
2. Pre-apprentice. A "pre-apprentice", that is, someone who is not registered in a program and who hasn't been DOL-or SAC-certified for probationary apprenticeship is not considered to be an "apprentice" and must be paid the full journeyman's rate on the wage decision for the classification of work they perform.
3. Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. 2-t2/13/2022 (6V Page 281 of 388
d. Prevailing wages or wage rates. Prevailing wage rates are the wage rates listed on the wage decision for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees.
1. Piece-work. Some employees are hired on a piece-work basis, that is, the employee's earnings are determined by a factor of work produced. For example, a Drywall Hanger's earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter's earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked.
Accurate time records must be maintained for any piece-work employees.
If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved. e. Fringe benefits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employer's contribution to Social Security or some disability insurance payments.
Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or basic wage plus fringe benefits) on the wage decision for their craft. If the value of the fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $10/hour basic rate plus $5/ hour fringe benefits, you must pay no less than that total ($15/hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay $15 in base wage with no fringe benefits, or you could pay $12 basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off-set with fringe benefits is limited by certain IRS and FLSA requirements. f. Overtime. Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one- half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits.
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g. Deductions. You may make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to "kick-back" (i.e., give up) any of their earnings. Allowable deductions which do not require prior DOL permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee.
Referring, again, to our example above where the wage decision requiring a $15 total wage obligation ($10 basic wage plus $5 fringe benefits) was met by paying $9 base wage plus $6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic + $6 fringe) plus $5 (one-half of $10, the wage decision basic rate) for a total of$20 per hour.
h. Proper designation of trade. You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they aren't considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs.
1. Split-classification. If you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each classification in which work was performed only if you maintain accurate time records showing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i. Site of work. The "site of work" is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. "Site of work" can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project. 2-t2/13/2022 C0 Page 283 of 388
SECTION II - REPORTING REQUIREMENTS
2-5 COMPLETING A PAYROLL REPORT.
What information has to be reported on the payroll form? The weekly payroll form doesn't ask for any information that you don't already need to keep for wage payment and tax purposes. For example, you need to know each employee's name; his or her work classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and employment purposes.
[For many contractors, the Weekly Certified Payroll is the only Davis-Bacon paperwork ou need to submit!
You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrator's review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly. a. Project and contractor/subcontractor information. Each payroll must identify the contractor or subcontractor's name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended.
b. Employee information. Effective January 18, 2009, payrolls shall not report employee addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which each employee appears shall include the employee's name and an individually identifying number, usually the last 4 digits of the employee's SSN. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees, e.g., if two employees have the same name.
Employers (prime contractors and subcontractors) must maintain the current address and full SSN for each employee and must provide this information upon request to the contracting agency or other authorized representative responsible for federal labor standards compliance monitoring. Prime contractors may require a subcontractor(s) to provide this information for the prime contractor's records. DOL has modified form WH- 347, Payroll, to accommodate these reporting requirements. c. Work classification. Each employee must be classified in accordance with the wage decision based on the type of work they actually perform. 12/13/2022 C9 Page 284 of 38gg
1. Apprentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice's or trainee's registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears.
2. Split classifications. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications.
d. Hours worked. The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work atjob sites otherthan the projectforwhich the payroll is prepared, those "otherjob" hours should not be reported on the payroll. In these cases, you should list the employee's name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee's total earnings (for all projects) for the week. e. Rate of pad Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked.
1. Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employee's piece-work earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration for any overtime hours.
The effective hourly rate must be reflected on the certified payroll and this hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is no less than the rate on the wage decision for the classification of work performed.
Remember, the overtime rate is computed at one and one-half times the basic rate of pay plus any fringe benefits. For example, if the wage decision requires $10/hour basic plus $5/hour fringe benefits, the overtime rate would be: ($10 x 1 '/2) + $5 = $20/hour. f. Gross wages earned. Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the "all projects" earnings. 2-11a/13/2022 (C-9 Page 285 of 388
g. Deductions. Show the amounts of any deductions from the gross earnings. "Other" deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears.
Only one employee authorization is needed for recurring (e.g., weekly) other deductions.
Written employee authorization is not required for income tax and Social Security deductions.
h. Net pay. Show the net amount of wages paid.
i. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c).
In
nly one Statement of Compliance is required for each employer's weekly payroll no matter how many pages are needed to report the employee data. j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. Signatures in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable. 12/13/2022 CV Page 286 of 3N11
SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS.
The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews(see 1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors.
You will be given instructions about what steps must be taken to correct any problems. a. On-site interviews. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOL representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the on-going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator.
b. Project payroll reviews. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc.
2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS.
The following paragraphs describe common payroll errors and the corrective steps you must take.
a. Inadequate payroll information. If an alternate payroll format used by an employer(such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an acceptable form.
b. Missing identification numbers. If the first payroll on which an employee appears does not contain the employee's individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still working on the project. Otherwise, the employer will be asked to submit a correction certified payroll. 2-112/13/2022 (W Page 287 of 388
c. Incomplete payrolls. If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a correction certified payroll.
d. Classifications. If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (see 2-2). If reclassification results in underpayment (i.e., the wage rate reported on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees. (see 2-8 for instructions about wage restitution.)
e. Wage rates. If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees.
f. Apprentices and trainees. If a copy of the employee's registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice's or trainee's registration and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman's wage rate for the classification of work they performed.
g. Overtime. If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur:
1. If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all overtime hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $10 per day per violation. Or,
2. If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the matter to the DOL for further review.
h. Computations. If the payroll computations (hours worked times rate of pay)or extensions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. i. Deductions. If there are any "Other" deductions that are not identified, or if employee authorization isn't provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary. 12/13/2022 C-0 Page 288 of 3F2813
HUD does not enforce or attempt to provide advice on employer obligations to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action.
j. Fringe benefits. If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k. Signature. If the payroll Statement of Compliance is not signed or is missing,the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been authorized by principle to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principle or other authorized signatory.
I. On-site interview comparisons. If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction certified payroll report.
m. Correction certified payroll. Any and all changes to data on a submitted payroll report must be reported on a certified correction payroll. In no case will a payroll report be returned to the prime contractor or employer for revision. 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.
Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a certified payroll report.
a. Notification to the Employer/Prime contractor. The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be paid. The employer/ prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor. 2-11R/13/2022 (60 Page 289 of 388
The contract administrator may communicate directly with a subcontractor when the underpayments are plainly evident and the subcontractor is cooperative. It is best to work through the prime contractor when the issues are complex, when there are significant underpayments and/or the subcontractor is not cooperative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation.
b. Computing wage restitution. Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. You may also compute wage restitution by calculating the total amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction certified payrolls. The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for wage restitution); the adjustment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount actually paid. A properly signed Statement of Compliance must accompany the correction payroll.
HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment. In addition, except in the most extraordinary cases, HUD no longer requires employers to submit copies of restitution checks (certified, cashiers, canceled or other), or employee-signed receipts or waivers. d. Review of correction CPR. The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days. e. Unfound workers. Sometimes, wage restitution cannot be paid to an affected employee because, for example, the employee has moved and can't be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required 12/13/2022 C9 Page 290 of 3F815
to place in a deposit or escrow account an amount equal to the total gross amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD.
2.1Q/13/2022 (C-0 Page 291 of 388
CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE
REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW
ACCOUNTS, AND SANCTIONS
WHAT HAPPENS WHEN THINGS GO WRONG?
3-1 INTRODUCTION.
Even in the best of circumstances, things can go wrong. In a Davis-Bacon context, "things going wrong" usually means there's a difference of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to lessen any delays in resolving the problem or issue.
3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.
As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include:
a. Additional classifications and wage rates. Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established.
1. Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representatives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing and must thoroughly address the denial reasons identified by the DOL. Employer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See 2-2(d), and also DOL Regulations 29 CFR
1.8.) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations. 12/13/2022 C49 Page 292 of 38§_1
2. Administrative Review Board. Any interested party may request a review of the Administrator's decision on reconsideration by the DOL's Administrative Review Board. DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.)
b. Findings of underpayment. Compliance reviews and other follow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies.
If informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquarters Office of Labor Relations.
1. DOL review. The DOL will review the contract administrator's report and the arguments against the findings presented in the hearing request. The DOL may affirm or modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review. If DOL concludes that violations have occurred, you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b)and 29 CFR Part 6, Rules of Practice forAdministrative Proceedings.)
2. Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding.
3-3 WITHHOLDING.
The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 30 days after written notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractor's (and/or subcontractors') liability shall be withheld.
3-12/13/2022 (6V Page 293 of 388
3-4 DEPOSITS AND ESCROWS.
In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and final payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision.
Deposit/escrow accounts are established for one or more of the following reasons:
Remember,the prime contractoris responsible and will be held liable for any wage restitution that is due to any worker employed in the construction of the project, including workers employed by subcontractors and any lower-tier subcontractors. See 1-4, Responsibility of the Principal Contractor, and 2-8, Restitution for Underpayment of Wages. a. Where the parties have agreed to amounts of wage restitution that are due but the employer hasn't furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total gross amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor. Amounts for any workers who cannot be located are held in the deposit/escrow account for three years and disposed as described in 2-8(f) of this Guide. b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor.
If the parties agree to the investigative findings, the amounts due to the workers will be paid by the employer. As these workers are paid and proper documentation is provided to the contract administrator, the gross amounts corresponding to the documented payments are returned to the depositor.
1. If the employer is unable to make the payments to the workers, e.g., lacks the funds necessary, the contract administrator may make disbursements directly to the workers in the net amounts calculated by the employer. The amounts withheld from the workers for tax deduction will be returned to the employer as payments to workers are made. The employer shall be responsible for reporting and transmitting withholdings to the appropriate agencies.
12/13/2022 CV Page 294 of 389-3
2. If the employer is not cooperating in the resolution, the contract administrator shall make disbursements to the workers in accordance with the schedule of wages due. Amounts for unfound workers will be retained as described above (See 2-8(f) and 34(a)).
If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 34(c), below.
Remember,ifyou have any questions or need assistance concerning laborstandards requirements help is always available. Contact the contract administrator for the project you're working on or the HUD Field Labor Relations staff in your area. c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. 3-5 ADMINISTRATIVE SANCTIONS.
Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL.
a. DOL debarment. Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD sanctions. HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions.
1. Limited Denial of Participation. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP's are found at 24 CFR
24.700-24.714.
3-V/13/2022 Page 295 of 388
2. Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24.
3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS.
Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of $1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code).
Remember,ifyou have any questions or need assistance concerning laborstandards requirements help is always available. Contact the contract administrator for the project you're working on or the HUD Field Labor Relations staff in your area. 12/13/2022 Page 296 of 389-5
ACRONYMS AND SYMBOLS
CDBG - Community Development Block Grant
CFR - Code of Federal Regulations
CPR - Certified Payroll Report
CWHSSA- Contract Work Hours and Safety Standards Act DBA- Davis-Bacon Act
DBRA- Davis-Bacon and Related Acts
DOL - Department of Labor
FHA- Federal Housing Administration
FLSA- Fair Labor Standards Act
HUD - Housing and Urban Development (Department of) IHA- Indian Housing Authority
LCA- Local Contracting Agency
LDP - Limited Denial of Participation
O/T - Overtime
PHA- Public Housing Agency
S/T - Straight-time
SAC - State Apprenticeship Council/Agency
TDHE - Tribally-Designated Housing Entity
§ - Section
¶ - Paragraph
02/13/2022 Page 297 of 388
DAVIS-BACON - RELATED WEB SITES*
HUD Office of Labor Relations:
www.hud.gov/offices/olr
HUD Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR HUDClips (HUD Forms and Publications):
www.hud.gov/offices/adm/hudclips/index.cfm
DOL Davis-Bacon and Related Acts Homepage:
http://www.dol.gov/whd/contracts/dbra.htm
DOL Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR Davis-Bacon Wage Decisions:
www.wdol.gov
DOL Forms:
www.dol.gov/whd/programs/dbra/forms.htm
*Web addresses active as of January 2012
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U.S. Department of Housing
Project Wage Rate Sheet and Urban Development
Office of Labor Relations
Project Name: Wage Decision Number/Modification Number:
Project Number: Project County:
Basic Total Laborers
Work Hourly Fringe Hourly Fringe $
Classification Rate (BHR) Benefits Wage Rate Benefits Bricklayers $ Group # BHR Total Wage Carpenters $ $
Cement Masons $ $
Drywall Hangers $ $
Electricians $ $
Iron Workers $ $
Painters $ Operators Fringe Benefits: $ Plumbers $ Group # BHR Total Wage
Roofers $ $
Sheet Metal Workers $ $
Soft Floor Workers $ $
Tapers $ $
Tile Setters $ Truck Drivers Fringe Benefits: $ Other Classifications Group # BHR Total Wage $
$
Additional Classifications (HUD Form 4230-A)
Basic Total Date of Date of
Work Hourly Fringe Hourly HUD Submission DOL
Classification Rate (BHR) Benefits Wage Rate to DOL Approval $
A2/13/2022 Page 299 of 388
U.S. department cf Labor PAYROLL
Wage and Hour Gwsion MNM
or Contractor's Gor's onase;See Instructions a www. o, ovvfrormsfh347itht wnsr. m (For C �i l V S It ti t dl hhd � I U.S.IVnRc and Hr+ur I7ivNtm
Persarrs afe not m,?w ad is iaspond to Oho wdeckf?of ogorfwbop unWs 4 diso 30 a ouff"7y,mW ME oorIfra+number. Rev Dec 2008 NAME OFCOINTRACTOR ORSUBCONTRACTOR ADDRESS 0M6No.: 1215.0149 Fires: 12131 f2011
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECTOR CONTRACT NO. (1) (2) (3) (4)DAY AND DATE (5) {fi} (7) i9y ON DEDUCTIONS
�F o NET
NAME AND INDNI DUAL IDENTIFYIrJG NL.MSER GROSS WRhF WAGES (e.g..LAST xOUR 01017S OF SOCIAL SECUPoT °EA WORK a TOTAL RATE AMOUNT HOLDING TOTAL PAID NLM SE OF WORKER z CLASSIFICATION H04RS WORKEO EACri DA: OUR OF PAY EARNED FICA TAX OTHER DEDUCTIONS FDRWEEK o
o
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0 MIA tole inh of Farm W K347 6 oolona,it i5 mZndatory fo![oraretl tmkactdr5 antl Rrhtordratldf5 pertahring wdk Or Faderely Trnanted or aSS6tBtl t on5outtdh co NratlG l o rBSpond t6 r11B infotfn31iW tddectldn toNalnPd in 28 G F.R. al 5.5[a).The Copeland ACI (40 LS.C.5 314q Cord ractor5 am ettcoMclom perfanldt¢wort an Fedoraly financed of aftsted caf154mlion caMcl5 to Tjfidnwaeky a Statement YRh mgbocl to NBwagnc paid each BRpoyee during the pretedng wimV U.S.Depandlent Cf Labw(➢OL)regullinneat requite corlrattoreto su0nilwnicy a copy of al payrolls to the Federal agency tonhwting for or financing the con*mfion project,accompanied by a*ned"Statemerl ad Compliance indicating Ihal the paytNle are correct and complete and thal each labow or mechanic has he@n pall not less Iran the proper Dwl&Bacon prevving wage rate ror the woA(pedowvd.Do Lai fsderal co Macling agency es rscslvlrg this InfonTodon rwlew the Ir9on iloR to dumrrfone dial en'p6yees here rscsNeo legally requred Wages and Atnge hereft.
PUDUC 6Lnd9h5IMnM(
DWe eahmatothal Is MAI take an average of 55 mlrnlas to cornptele Vs colactan.Including hrne for revlaving Insin tons.searshlrg @AsUng data sources,garbsring and mahtalnng the data needed and carolellrg and r owing the cdlsctlon of YriomlaLon liyou hers r ary COMMenlS fegardidg th0S0 891MIRSof err?MW aspect oTlhiS c6lectl0n,Including e%gaftonSfdf radlcing thie bteden,Whd them to the AdTwnRtratof,Wage and Hour Drvlslan,U.S.DBparlmenl of Labor,Raom 63502 200 ConStMon AVenOe,N.W.
YVashngdm(D 0,70210
fufep
12/13/2022 Page 300 of 388
D
cn
Date
{b)WHERE FRINGE BEHEFFfS ARE PAID IN CASH
1. ❑ — Each laborer or mechanic listed in the above referenced payroll has been paid, S Name of Signatory Party) (Title] as indicated on the payroll,an amount not less than the sum of the applicable do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in section 4(0)below-
(1)That I pay or supervise the payment of the persons employed by {c}EXCEPTIONS
on the
(Ccntradcr or Subcontractor) EXCEPTION{CRAFT} EXPLANATION that during the payroll period commencing on the
(building or Wcrk)
day of and ending the day of
all persons employed on said project have hem paid the TUI weekly wages earned_that no rebates have been or will be made either¢redly or indirectly t0 or on behalf of said from the full
(Canbactor or Subeonftw a}
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person_other than permissible deductions as defined in Regulations,Part 3(29 C.F.R.Subtitle A),issued by the Secretary of Labor under the Copeland Act,as amended t48 Stat.94&, 63 Start.108,72 Stat.967.76 Stat.357-.4)U.S.C.S 31451.and described below:
(2)That any payrolls otherwise under this contract required to be Submitted for the above period are correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract: that the etassifications Set forth therein for each laborer or mechanic oDnfb m with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a Stale apprentioeship agency recognized by the Bureau of Apprenticeship and Training,United States Department of Labor_or if no such recognized agency exists in a State,are registered with the Bureau of Apprenticeship and Training,United States Department of Labor- (4)That:
(a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS.FUND$,OR PROGRAMS WME AND TITLE SIGtJA.TURE — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll,payments of fringe benefits as listed in the contract THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR have been or will be made to appropri�ilte program$ for the benefit of SUCh SUBOONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE employees.except as noted In section 4(c)below. 31 OF THE UNITED STATES COCE 12/13/2022 Page 301 of 388
Appendix D:
City of Vista Stormwater Management Permit
Application Form & Reference Information
183
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•
i CITY OF VISTA
STORMWATER MANAGEMENT PERMIT INSTRUCTIONS
To accompanv all grading and/or building permit anplication(s).
In order to comply with the federal Clean Water Act, the state Water Code and City Ordinances, the City of Vista requires that property owners and/or contractors complete a Stormwater Management Permit prior to issuance of any grading and/or building permit(s). The purpose of a Stormwater Management Permit is to document Best Management Practices (BMPs) that will be implemented to prevent pollutants (including sediment) from entering stormwater conveyances and receiving waters. The Stormwater Management Permit becomes a part of the grading and/or building permit(s) and is subject to enforcement by City of Vista Inspectors and others. Stormwater Management Permits include the elements described in the following sections:
SECTION 1: REQUIRED INFORMATION—This section is used to provide the City with the basic information necessary to evaluate and prioritize project activities. Each of the items in this section must be completed, except projects with less than 1 acre of disturbed area are not required to have a Waste Discharge Identification Number (WDID). Grading projects with a disturbed area of greater than 1 acre must also meet additional requirements from the State Water Resources Control Board (SWRCB). Those additional requirements include filing a Notice of Intent (NOI) and preparation of a Stormwater Pollution Prevention Plan (SWPPP). Please note that watercourses and waterbodies include ephemeral drainages (i.e. those that are dry during part of the year).
SECTION 2: BEST MANAGEMENT PRACTICES — Best Management Practices (BMPs) must be selected and implemented to prevent erosion and construction-related materials, sediment, wastes and spills from entering stormwater conveyance system and receiving waters.
NOTE: It is the responsibility of the property owner and/or the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista's Stormwater and Grading Ordinances. Failure to prevent soil erosion and discharges of sediment and other pollutants from construction sites is subject to enforcement by the City,RWQCB or others.
At a minimum,the City requires that the BMPs designated as required in Table I (attached)be installed and maintained for all construction projects, as applicable. Additional BMPs listed in Table 1 may also be required in correlation to a project's scope,potential for discharges and proximity to a watercourse or other receiving waters. The property owner and/or contractor must complete Table 2 (attached)indicating which BMPs will be used.
SECTION 3: CERTIFICATION—The property owner and/or contractor must sign this section certifying that they understand the City of Vista's minimum requirements for stormwater management of construction activities and will implement,monitor and maintain the selected BMPs to ensure their effectiveness.
BMP manuals can be found at the City of Vista's permit counter. These manuals include all of the referenced BMPs listed in Table 1 from the Caltrans Storm Water Quality Handbooks and the California Stormwater BMP Handbooks. The entire manuals may also be ordered directly from the following sources:
Caltrans Manuals California Stormwater BMP Handbook Caltrans Publications unit Municipal,Development/Redevelopment, Construction (916)445-3520 & Industrial/Commercial Reds (916)324-8997 fax (510)444-6771 ed
Marc
h
2003
F-14
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• CITY OF VISTA
STORMWATER MANAGEMENT PERMIT
This form must be submitted with all grading and/or building permit application(s).
SECTION 1. REQUIRED INFORMATION
Grading and/or Building Permit Application Number: Project Name:
Name of Project Contact Person: Project Address or Location:
Title: Phone#:
Grading Start Date: Grading Finish Date:
Project Start Date: Project Finish Date: APN NO.
Estimated amount of disturbed acreage: (If equal to or greater than 1 acre,you must also provide a WDID number from the SWRCB) WDID
Are there any watercourses or waterbodies within 50 feet of the limits of soil disturbance? ❑ YES ❑ NO Does the project site have or propose slopes higher than 25 feet or steeper than 1:1? ❑ YES ❑ NO Does the soil type have high erosion potential(fine grain soil like sand,silt,fine disintegrated granite)? ❑ YES ❑ NO SECTION 2 BEST MANAGEMENT PRACTICES
The goal of stormwater management planning is to reduce pollution to the maximum extent practicable by implementing Best Management Practices (BMPs). There are five categories of BMPs: 1) Erosion control practices, and; 2) Velocity reduction, and; 3) Sediment control practices, and; 4) Offsite sediment tracking control, and; 5) General site and materials management. BMPs from each of the five categories must be used together as a system in order to prevent erosion, sediment, waste, spills, and residues from leaving the site. When properly implemented, monitored and maintained, BMPs will function to prevent pollutants (including sediment) from leaving the site. It is the responsibility of the property owner and the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista's Stormwater and Grading Ordinances.
Best Management Practice Table
Table 1 (attached)must be used to select those BMPs that will be used to prevent stormwater pollution. At a minimum,the City requires that the BMPs designated as required in Table 1 be installed on all construction projects. However, some BMPs may not be applicable to every project. For example, if storm drain inlets are not present,then Storm Drain Inlet Protection(BMP SC10)would not be applicable. Table 2 (attached)must be completed by the project proponent to indicate which BMPs will be used.
Grading and/or Building Plan(s)Best Management Practice Checklist The following applicable information shall be shown on the grading,building and/or erosion control plans:
❑ Project boundaries
❑ Footprint of any existing structures and facilities. ❑ Footprint of all structures and facilities to be constructed. ❑ Limits of grading.
❑ Site entrances and exits.
❑ Areas of soil disturbance,cut and/or fill.
❑ Vegetative areas to remain undisturbed.
❑ Designated materials storage areas.
❑ Existing and proposed grades of the site,along with any intermediate grades that will significantly affect site drainage patterns. ❑ Location(s)where runoff from the site may enter storm drain(s),channel(s),and/or receiving waters.
Please note that each of the items identified by a check(✓)in Table 1 must be included on the plans,and labeled with the designation found in the tables(for example,SS-7).
F-16
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SECTION 3.CERTIFICATION
The following certification must be signed before a Grading and/or Building Permit(s)will be issuer I have read and understand that the City of Vista has adopted minimum requirements for stormwater management of construction activities. I certify that the BMPs I have selected from Table 1 and documented in Table 2 will be implemented to effectively minimize the potentially negative impacts of this project's construction activities on stormwater quality. I further agree to install monitor,maintain or revise the selected BMPs to ensure their effectiveness.
I also understand that non-compliance with the City of Vista's Stormwater and Grading Ordinances may result in enforcement by the City, including fines,citation,stop-work orders,cease and desist orders or other actions.
Property Owner/Contractor Date
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Table 1.0 Minimum Construction Best Management Practices(BMPs) Category of Activity
BMP Roadways,
Site Construction or Relocation Construction of
Storm Water Best Management Practices Identification Daily Preparation and of Below Ground Structures Above Ground Walkways and Earthwork Waterways Planting and (BMP) Number Work Earthmoving and/or Utilities Structures Parking Landscaping Lots
IL
Z C+ o c g
0 m 4 0) y 0_ .d. y N C U C
ns w
E
a N ` O
v 3 m 2 a aEi N' c m m ai E SELECTION GUIDE u J .3c ' " N UcO —o i Nrn rnl0 aW In ILL O r Ua.o 76
o mo o o E ° ¢ U w co)-c caY
N
> m °� OUO
U a O
af
cc
cm a ` Q u cc: _ N-0 C C cc in caQ M cc l0 N a)u� O o N 0 O > c U x U x o o xs U u U I— O C E N xU U) N
GENERAL SITE MANAGEMENT
Employee&Subcontractor Training CA40 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Materials Management
(select all applicable to site activities) ✓
Material Delivery/Storage WM-1 CA10 x x x x x x x x x x x x x x x x x x Material Use WM-2 CA11 x x x x x x x x x x x x x x x x x x Spill Prevention and Control WM-4 CA12 x x x x Waste Management ✓
Solid Waste Mgmt ✓ WM-5 CA20 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Sanitary/Septic Waste Mgmt ✓ WM-9 CA24 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Concrete Waste Mgmt ✓ WM-8 CA23 x x x x x x x x x x x Hazardous Waste Mgmt ✓ WM-6 CA21 x x x x Contaminated Soil Mgmt ✓ WM-7 CA22 x x x x x x x x x x x x x
OFFSITE SEDIMENT TRACKING
CONTROL
(must select 1 or more) ✓
Entrance/Exit Inspection,Cleaning x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Stabilized Construction Entrance/Exit ✓ TC-1 ESC24 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Construction Road Stabilization TC-2 ESC23 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Entrance/Exit Tire Wash TC-3 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Vehicle&Equipment Management
Vehicle&Equipment Cleaning NS-8 CA30 x x x x x x x x x x x x x x x x x x Vehicle&Equipment Fueling NS-9 CA31 x x x x x x x x x x x x x x x x x x Vehicle&Equipment Maintenance NS-10 CA32 x x x x x x x x x x x x x x x x x x Construction Practices
(select all applicable to site activities) ✓
Water Conservation NS-1 x x x x x x x x x x x x x x x x x x x Structure Construction&Painting WM-6 CA03 x x x x x x x x x Paving Operations NS-3 CA02 x x x x x x Dewatering Operations NS-2 CA01 x x x x x x x x x x
VELOCITY REDUCTION
(select all applicable to site) ✓
Outlet Protection SS-10 ESC40 x x x x x x x x x x x x Check Dams SC4 ESC41 x x L
x x x x x x x x
Flared Culvert End Sections SS-10 x x x x x x x x x x Slope Roughering&Terracing NA ESC42 x x x x x x x x x x 12/13/2022 C8 Page 306 of 388
EROSION CONTROL
Site Planning Considerations ✓
Scheduling ✓ SS-1 ESC01 x x x x x x x x x x x x x x x x x x x x x x x x x x x Preservation of Exist Vegetation ✓ SS-2 ESCO2 x x x x x x x x x x x x x x x x x Vegetation Stabilization
(must select 1 or more) ✓
Temp Seeding and Planting ✓ SS-4 ESC10 x x x x x x x x x x Temp Mulching ✓ SS3,6,8 ESC11 x x x x x x x x x x Hydroseeding ✓ SS-4 x x x x x x x x x x Vegetation Buffer Strips ✓ NA x x x x x x x x x x Physical Stabilization
(must select 1 or more) ✓
Dust Control ✓ ESC21 x x x x x x x x x x x x x x x x x x x x x x x x Geotextiles,Mats,and Fiber Rolls ✓ SS-7 ESC20 x x x x x x x x x x Bonded Fiber Matrix ✓ SS-5 x x x x x x x x x x Soil Stabilizers ✓ SS-5 x x x x x x x x x x Temp Stream Crossing ✓ NS-4 ESC22 x x x x x x x x x x x x x x x x x x x x x x x Diversion of Runoff
Earth Dikes SS-9 ESC30 x x x x x x x x x x x x x x x Ditches and Berms SS-9 x x x x x x x x x x x x x Temp Drains and Swales SS-9 ESC31 x x x x x x x x x x x x Slope Drains SS-11 ESC32 x x x gx
x x x x x x x
SEDIMENT CONTROL
(must select 1 or more) ✓
Silt Fence ✓ SC-1 ESC50 x x x xx x x x x x x x Straw Bale Barrier ✓ SC-9 ESC51 x x x xx x x x x x x x Sand Bag/Gravel Bag Barrier ✓ SC-6,S ESC52 x x x xx x x x x x x x Brush or Rock Filter ✓ NA ESC53 x x x xx x x x x x x x Storm Drain Inlet Protection ✓ SC-10 ESC54 x x x xx x x x x x x x Straw Wattles ✓ SC-5 x x x xx x x x x x x x Sediment Trap ✓ SC-3 ESC55 x xxxxxxxxx x x
Sediment Basin(sized for 10-yr storm) ✓ SC-2 ESC56 x x x xx x x x x x x x 12/13/2022 C8 Page 307 of 388
Table 2.0 Selected Construction Best Management Practices(BMPs) BMP Selected
BMP Identification Shown
Storm Water Best Management Practices Number on If not shown on plans,why? Implementation Date Maintence Schedule Other Notes (BMP)
� plans?
T
m C1 m c
rA N J
O
o Z a 5 om .2 o3 o
-0 iE E -0
O
C O O
E UiA2 0
co2U
GENERAL SITE MANAGEMENT
Employee&Subcontractor Training CA40
Materials Management
(select all applicable to site activities) ✓
Material Delivery/Storage WM-1 CA10
Material Use WM-2 CA11
Spill Prevention and Control WM-4 CA12
Waste Management ✓
Solid Waste Mgmt ✓ WM-5 CA20
Sanitary/Septic Waste Mgmt ✓ WM-9 CA24
Concrete Waste Mgmt ✓ WM-8 CA23
Hazardous Waste Mgmt ✓ WM-6 CA21
Contaminated Soil Mgmt ✓ WM-7 CA22
OFFSITE SEDIMENT TRACKING CONTROL
(must select 1 or more) ✓
Entrance/Exit Inspection,Cleaning
Stabilized Construction Entrance/Exit ✓ TC-1 ESC24 Construction Road Stabilization TC-2 ESC23
Entrance/Exit Tire Wash TC-3
Vehicle&Equipment Management
Vehicle&Equipment Cleaning NS-8 CA30
Vehicle&Equipment Fueling NS-9 CA31
Vehicle&Equipment Maintenance NS-10 CA32
Construction Practices
(select all applicable to site activities) ✓
Water Conservation NS-1
Structure Construction&Painting WM-6 CA03
Paving Operations NS-3 CA02
Dewatering Operations NS-2 CA01
VELOCITY REDUCTION
(select all applicable to site) ✓
Outlet Protection SS-10 ESC40
Check Dams SC-4 ESC41
Flared Culvert End Sections SS-10
Slope Roughering&Terracing NA ESC42
EROSION CONTROL
Site Planning Considerations ✓
Scheduling ✓ SS-1 ESC01
Preservation of Exist Vegetation ✓ SS-2 ESCO2 12/13/2022 C8 Page 308 of 388
EROSION CONTROL(continued)
Vegetation Stabilization
(must select 1 or more) ✓
Temp Seeding and Planting ✓ SS-4 ESC10
Temp Mulching ✓ SS3,6,8 ESC11
Hydroseeding ✓ SS-4
Vegetation Buffer Strips ✓ NA
Physical Stabilization
(must select 1 or more) ✓
Dust Control ✓ ESC21
Geotextiles,Mats,and Fiber Rolls ✓ SS-7 ESC20 Bonded Fiber Matrix ✓ SS-5
Soil Stabilizers ✓ SS-5
Temp Stream Crossing ✓ NS-4 ESC22
Diversion of Runoff
Earth Dikes SS-9 ESC30
Ditches and Berms SS-9
Temp Drains and Swales SS-9 ESC31
Slope Drains SS-11 ESC32
SEDIMENT CONTROL
(must select 1 or more) ✓
Silt Fence ✓ SCA ESC50
Straw Bale Barrier ✓ SC-9 ESC51
Sand Bag/Gravel Bag Barrier ✓ SC-6,SC-8 ESC52
Brush or Rock Filter ✓ NA ESC53
Storm Drain Inlet Protection ✓ SC-10 ESC54
Straw Wattles ✓ SC-5
Sediment Trap ✓ SC-3 ESC55
Sediment Basin(sized for 10-yr storm) ✓ SC-2 ESC56 12/13/2022 C8 Page 309 of 388
Appendix E:
Potential Staging and Storage Area Exhibits
184
12/13/2022 C8 Page 310 of 388
{ 1125 E. Taylor Street
f Potential Construction Staging & Storage Area
Public Works Department Approval Required '
See Section 7.8.4.1 for Details r
E Taylor S#rest ,,-
r
W
� r
e
r s
'4r
DATE: July 2022
SUBJECT: Potential Construction Staging and Storage
PROJEdT?V13/ Pedestrian Mobility Sidewalks Project CHIP 8290 Page 311 of 388
Appendix F:
City of Vista Standard Drawings
185
12/13/2022 C8 Page 312 of 388
FINISHED GRADE
IN PAVED AREA
MIN. 1.5" A.C. COVER
OVER 12" CONCRETE
CONCRETE a
COLLAR
a a
a
GRADE
aRING
a
;711
Li
CONCRETE GRADE SUBGRADE
RING AS REQUIRED a
77777
12" MIN.
a
a
SEE NOTE 560—C-3250 CONCRETE
2 FOR COLLAR (TYPICAL)
a
a
a
a
TYPE V FOR PAVED AREAS
NOTES:
1. MANHOLE FRAME SHALL BE SET IN CLASS "C" MORTAR (2012 GREENBOOK SUBSECTION 201-5.1).
2. PRECAST MANHOLE SHALL BE PER PLAN AND PER SAN DIEGO REGIONAL STANDARD DRAWINGS:
SM-01 (48" 0 PRECAST MANHOLE INSTALLATION),
SM-02 (60" 0 PRECAST MANHOLE INSTALLATION),
SM-03 (SEWER MANHOLE BASE),
SM-04 (MANHOLE PIPE CONNECTORS),
SM-05 (MANHOLE MISCELLANEOUS DETAILS).
3. MANHOLE FRAME AND COVER SHALL BE PER SAN DIEGO REGIONAL STANDARD DRAWINGS:
M-3 (36" MANHOLE FRAME AND TWO CONCENTRIC COVERS HEAVY DUTY), M-4 (MANHOLE COVER — LOCKING DEVICE).
4. LOCKING / SEALED MANHOLE FRAMES & COVERS, WHERE SPECIFIED, SHALL BE PAMREX FRAMES AND COVERS BY CERTAINTEED.
Revision By Apprvd Date CITY OF VISTA
New SJ GM 01 31 13 STANDARD DRAWING 41A� CONCRETE MANHOLE COLLAR Rc 55075 ENGINEER, DATE (TYPE B) DRAWING §\%,R,-30B
2' 2'
45°MIN MIN MIN
I
v
SIDEWALK
d cd
MAILBOX OR OTHER
OBSTRUCTION (FIRE
d HYDRANT, POLES,
RISERS, ETC.)
d av
d v
d v
° °
v
dd
v u d
d a
° v d
MAILBOX CAN BE SET SIDEWAYS, WITH
PLAN CURB FACE LEGEND
OPENING INLINE WITH ROADWAY TRAVEL NO SCALE
DIRECTION, IN ORDER TO MAINTAIN A 48"
PATH OF TRAVEL. CAN BE UTILIZED ONLY
IF RIGHT-OF-WAY OR OTHER
OBSTRUCTION LIMITS SIDEWALK WIDTH
MAILBOX AS APPROVED BY THE
U.S.MAIL US. POSTMASTER GENERAL
U.S. MAIL
1-1/2"THICK REDWOOD
OR PRESSURE TREATED
WOOD SUPPORT
ATTACHED TO POST
8" WITH FOUR 1/4"0 x 3" 8"
GALVANIZED LAG BOLTS
COUNTERSUNKINTO
WOOD (PAINTED TO
MATCH POST).
42" 42" 4"THICK
4"X 4" PRESSURE MORTAR CAP
TREATED WOOD POST
(PAINTED)
4"THICK MORTAR CAP e
ea ea
a ea .e .da _ a A' .e .d. — -
4. 4
.. •.. . a a. — ; 00
�. .. .. • a _b
12" PVC (SDR 35) PIPE SLEEVE I °-� 12" 0
2" MIN 2" MIN FOOTING
FOOTINGF OF 3/4"
T 3/ C USHR O CRUSHED
12" 3/4" CRUSHED ROCK ROCK
12"
ELEVATION
NO SCALE
Revision By Apprvd Date CITY OF VISTA
New TH 08 23 90 STANDARD DRAWING
Updated TR GM 02 11 13 CITY ENGINEER, DATE
MAILBOX INSTALLATION
RCE 55075
Updated GL HH 05 07 14 IN EWALK
12/ 3 022 �� Pag D of AIZF-04
SURFACE
10' MIN. MATCH POINT 5' MIN.
WITH 0"
EXISTING DEPTH CUT 5" DEPTH CUT
ASPHALT 1.5" DEPTH CUT 1.1.AT END OF A.C.
SECTION AT END OF A.C. A.C. OVERLAY AREA OF STREET OVERLAY AREA OVERLAY EXISTING NOT BEING ASPHALT
OVERLAYED
SECTION OF
STREET SIDE
BEING STREET
OVERLAYED
EXISTING
BASE
HEADER CUT ACROSS STREET HEADER CUT AT SIDE STREET
5' MIN.
SURFACE SURFACE 5' MIN.
MATCH POINT MATCH POINT
WITH 0" 1.5" WITH 0"
DEPTH CUT DEPTH DEPTH CUT DEPTH
CUT DEPTH
CUT
EXISTING AC EXISTING AC
ASPHALT OVERLAY ASPHALT OVERLAY
EXISTING EXISTING
BASE EXISTING CURB BASE EXISTING
& GUTTER AC DIKE
EDGE CUT NEXT TO EDGE CUT NEXT TO
EXISTING CURB & GUTTER EXISTING AC DIKE
Revision By Apprvd Date CITY OF VISTA
New GL SS 09/01/11 STANDARD DRAWING
CITY ENGINEER, DATE
COLD MILLING DETAILS RCE 55075
DRAWING JEF-12
DISTANCE FROM CONCRETE TO
2" GRIND & AC OVERLAY
6" MIN. EDGE OF SAW—CUT = 1' MIN.
EXISTING AC 0 0 LIP
BUJ
0 0 � NEW CURB & GUTTER
(OR CROSS GUTTER)
a
EXISTING AGGREGATE BASE
FULL DEPTH AC PATCH
DISTANCE FROM CONCRETE TO
EDGE OF SAW—CUT = 1' MIN.
6 NEW CURB OR
2" GRIND & AC OVERLAY MIN. ? 0 J MEDIAN CURB EXISTING AC I 1 0 J °
— CONCRETE SIDEWALK
N 0 OR MEDIAN
STAMPED CONCRETE
A.
y o 0
EXISTING AGGREGATE BASE
FULL DEPTH AC PATCH
PAVEMENT RESTORATION FOR
CURB & GUTTER OR CROSS GUTTER
Revision By Apprvd Date CITY OF VISTA
New GL TS 09/01/11 STANDARD DRAWING
CITY
PAVEMENT RESTORATION R E 55075 ENGINEER, DATE
12/ 3 022 koTAI LS Pag D=of 3W F-13
TYPICAL LOOP DETECTOR LAYOUT
NOTES
1. ALL LOOP DETECTORS SHALL BE INSTALLED IN O O PAVEMENT SURFACE.
2. ALL LOOP DETECTORS SHALL BE CENTERED IN
LANE, UNLESS OTHERWISE NOTED.
0 3. ADVANCE LOOPS SHALL BE INSTALLED FOR MAJOR O o
STREET THROUGH MOVEMENTS PER STANDARDS
c° w ESTABLISHED IN THE LATEST EDITION OF THE bi
CALIFORNIA MANUAL ON UNIFORM TRAFFIC
c~i> CONTROL DEVICES (CA — MUTCD).
O O o 4. FIRST LOOP IN EVERY TRAVEL LANE, EXCEPT FOR co STRAIGHT THROUGH LANES ON THE MAJOR STREET
APPROACHES, SHALL BE A BICYCLE SENSITIVE
o LOOP.
c0 12" LIMIT LINE STRIPING LINES
OR BACK OF
CROSSWALK
MAJOR STREET
0 0
�THROUGH LANES ON MAJOR ROADS
ARE ON PERMANENT RECALL; NO
BICYCLE SENSITIVE 0 BICYCLE LOOPS REQUIRED
LOOP DETECTOR IN
LEFT TURN LANES LEFT
ON MAJOR STREET O O O TURN
AND IN ALL LANES LANE
ON MINOR STREETS
PER DETAIL BELOW
6' 10' 6' 10' 6' 10' 6'
MODIFIED TYPE E BICYCLE SENSITIVE
LOOP SAWCUT AND WINDING DETAIL
24" FOUR TURNS
OF WIRES NOTES:
1. LOOP DIAMETER IS 6' (TYP.)
2. DEPTH OF CUT IS 3 1/8" MIN.
DIRECTION 3. ROUND CORNERS TO REDUCE
F OF TRAVEL WEAR OF LOOP WIRE.
FOUR TURNS S
OF WIRES T-11
T SYMBOL�
Revision By Apprvd Date CITY OF VISTA
New RC LP 04/05/10 STANDARD DRAWING
Updated GL SS 02/08/11 CITY ENGINEER, DATE Updated CP HH 01/08/14 STANDARD LOOP RCE 55075 IG
Updcl2l/ (� &&2 05/07/14 DETE��OR LAYOUT Pag of 31FF-05
BREAK-AWAY SIGN
POST PER SDRSD M-45
1" THICK GROUT CAP
1/4" GRAVEL 1 ,
4" PCC MEDIANV�'-//AAj jA VAjAAj� //A�jAAAi\. .
\\/ / .. .
HARDSCAPE ` %\\j\ \\j\2
OR SIDEWALK
WHEN SIGN POST IS TO BE PLACED IN
HARDSCAPE AREAS IT SHALL BE SET MEDIAN CURB OR
IN A 4" DIAMETER BY 6" DEEP CURB AND GUTTER SCHEDULE 40 PVC ANCHOR SLEEVE
AND BACK FILLED WITH 1/4" GRAVEL
TO WITHIN 1" OF THE TOP OF THE BREAK-AWAY SIGN POST AND SLEEVE; THE LAST 1" IS TO BE FILLED SLEEVE PER SDRSD M-45 WITH GROUT. USE DIRECT BURIAL
WHERE SIGN IS TO BE PLACED IN SOIL.
BREAK-AWAY SIGN POST
Revision By Apprvd Date CITY OF VISTA
New GL SS 04 26 11 STANDARD DRAWING
Updated GL HH 12/18/12 CITY ENGINEER, DATE SIGN POST RCE 55075
12/ 3 022 FOOTIN�AN HARDSCAPE Pag D 'RGof 31FF-06
Appendix G:
San Diego Regional Standard Drawings and
VID Standard Plans
186
12/13/2022 C8 Page 319 of 388
A�
SIDEWALK CUTS
PER G-11 B B
— — — — — — — — — — — — — — — — —
w
Z ALd
J
PLANLd
Z
o GUTTER
d U
6 1/2" MIN
Z SECTION
J
m
Of
U
t PIPE TO BE FINISHED
FLUSH WITH CURB
/ I
3-1/2"
6 MI GUTTER
GUTTER MIN
aro
a d °
° a
6"
TYP N
SECTION B—B SECTION A—A
w
z
J w
Z
J
m
APPROVED DRAIN PIPE SIZES ryU
PIPE SIZE CURB HEIGHT AT CURB FACE
3" 6" TO 8" PCR
4„ 8" U�---- J-
6» 10» o N
NOTES �2'
1. PIPE SHALL BE ONE CONTINUOUS LENGTH FROM PROPERTY LINE TO CURB LINE.
2. MULTIPLE PIPES TO BE SET A MINIMUM DISTANCE OF D/2 APART (3 MAX). DRAIN SHALL NOT BE CONSTRUCTED
3. CONCRETE SHALL BE 520-C-2500. WITHIN THE HATCHED AREA
4. PIPE SHALL BE CIRCULAR RIGID PLASTIC OR APPROVED EQUAL. BLOCK CORNER
5. CORING OF EXISTING CURB MAY BE USED AS AN ALTERNATIVE.
6. PROVIDE 1/4" TOOLED GROOVE IN TOP SLAB IN LINE WITH BACK OF ADJACENT CURB.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL Kercheval 12 75
eformatted T.Stanton 04/06 90 25 2098
dited S.S.T. Regello 03/11 SIDEWALK UNDERDRAIN PIPE Chair erson R.C.E. 19246 Date dited ITRIT..W Regello 10/15 DRAWING D-27 IIEdited M M. Widelski 10/18 NUMBER
12/13/2022 C8 Page 320 of 388
CN
Z
O
w w
Z J N
J W
m W Of
W_ 2
O 6" O
W
L Q
Wcm
(..J
U -
° . 2" WEAKENED w z
PLANE JOINT C�4 Z
1 i O
1/2" R \ �3 � v2i
1" R
° co
i\
W 1/2"
TYPE W *AREA
G 24" 1.34 SQ. FT.
H 30" 1.60 SQ FT.
* 6" CURB HEIGHT
NOTES:
1. CONCRETE SHALL BE 520—C-2500.
2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. LEGEND ON PLANS
3. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 26 2018 REFORMATTED T. STANTON 04/06 CURB AND GUTTER - COMBINED Chair erson R.C.E. 19246 Date UPDATED MR MR/CV 11/11 DRAWING UPDATED UPDATED CV CV 12/15 NUMBER 12/13/2022 C8 Page 321 of 388
VARIES WIDTH AS SHOWN ON PLANS
4"
�—2% MAX CROSS—SLOPE
/ 2" WEAKENED
r- - - - - - � PLANE JOINT
� I
NON—CONTIGUOUS
WIDTH AS SHOWN ON PLANS
1/2" R
�—2% MAX CROSS—SLOPE
/ 2" WEAKENED
PLANE JOINT
� C
- - - - - J
CONTIGUOUS
NOTES:
1. CONCRETE SHALL BE 520—C-2500. LEGEND ON PLANS
2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS.
RBVISIon By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 25 2018 REFORMATTEC T. STANTON 04/06 SIDEWALK — TYPICAL SECTIONS Chair erson R.C.E. 19246 Date UPDATED MR, MR/CV 11/11 DRAWING
REVIEWED CV CV 12/15 NUMBER G—07
12/13/2022 C8 Page 322 of 388
MID POINT OF CURB RETURN
P.C.R.
5' TYP.
15' TYP.
45' TYP.
P.C.R.
NOTES:
1. EXPANSION JOINTS ---AT CURB RETURNS, ADJACENT TO STRUCTURES AND AT 45' INTERVALS. (SEE STANDARD DRAWING G-10).
2. WEAKENED PLANE JOINTS------AT MID POINT OF CURB RETURN, WHEN REQUIED, AND AT 15' INTERVALS FROM P.C.R. (SEE STANDARD DRAWING G-10).
3. 1/4" GROOVES WITH 1/4" RADIUS EDGES AT 5' INTERVALS.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 25 2018
REFORMATTED T. STANTON 04/06 SIDEWALK JOINT LOCATIONS Chair erson R.C.E. 19246 Date REVIEWED CV CV 12/15 DRAWING G—09
NUMBER
12/13/2022 C8 Page 323 of 388
EXPANSION JOINT FILLER MATERIAL
1/4"
1/8" R 1/8" R
N H
T
N
(PAVEMENT) GREASED 4)OR OILED BOOTH,
1 2" PAVEMENT
1/4" MIN - 1/2" MAX (SIDEWALK) 30" ON CENTER
EXPANSION JOINT CONTACT JOINT
1/8" R 1/8" PREFORMED JOINT FILLER
N N \
e e.
1/4 1/4"
WEAKENED PLANE JOINT WEAKENED PLANE JOINT
CURB AND SIDEWALK GUTTER AND CONCRETE PAVEMENT 1/8"
\ \
N
H
N T\ \
1-5/8"
KEYED JOINT
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL PARKINSON 02/95 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 25 2018 EFORMATTED T. STANTON 04/06 CONCRETE JOINT DETAILS Chair erson R.C.E. 19246 Date UPDATED CV MR/CV 11/11 DRAWING
REVIEWED CV CV 12/15 NUMBER G-1O
12/13/2022 C8 Page 324 of 388
AREA TO BE REMOVED
EXISTING SCORE MARK 5', OR FROM JOINT IN EXISTING JOINT
PANEL, WHICHEVER IS LESS
U
SIDEWALK PLAN
EXISTING SCORE MARK AREA TO BE REMOVED EXISTING JOINT a . .O A' s. • .s
SIDEWALK SECTION
AREA TO BE REMOVED 30" MIN.
5', OR FROM JOINT IN FROM EXISTING JOINT EXISTING JOINT OR EDGE PANEL, WHICHEVER IS LESS OR EDGE OF CURB
CURB LINE
GUTTER LINE
U U
CURB PLAN
AREA TO BE REMOVED 5' MIN. FROM EXISTING EXISTING JOINT OR EDGE EXISTING SCORE MARK 5' MIN. JOINT OR EDGE OF PAVEMENT e
PAVEMENT SECTION
REMAINING EDGE TO BE
SMOOTH AND TRUE WITH
1-1/2" MIN. NO SHATTER
d
CONCRETE T
NOTE: TO BE REMOVED r
SAW CUT
d
1. SIDEWALK CROSS SLOPE SHALL BE 2% MAX. <
2. WHEN DISTANCE FROM "AREA TO BE REMOVED" TO EXISTING JOINT, EDGE OR SCORE MARK IS LESS THAN MINIMUM SHOWN, "AREA TO BE REMOVED" SHALL SECTION BE EXTENDED TO JOINT, EDGE OR SCORE MARK. SHOWING CUT RBVISIon By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 CONCRETE CURB, GUTTER, 'o 25120m REFORMATTED T. STANTON 04/06 SIDEWALK AND PAVEMENT Chair erson R.C.E. 19246 Date UPDATED CV MR/CV 11/11 REMOVAL AND REPLACEMENT DRAWING G-11 REVIEWED CV CV 12 15 NUMBER
12/13/2022 C8 Page 325 of 388
P.C.R. RADIUS 1 I P.C.R. RADIUS _
I \ � :. /
1774--
�j I � I
�..
q CONTACT JOINTS PER STANDARD
DRAWING G-10 WHEN
SEPARATE POURS ARE MADE
PLAN
10' UNLESS OTHERWISE
SHOWN ON PLAN 1/2" R TYP.
7"
1.5% 1.5% TOP OF PAVING
BASE MATERIAL AS SHOWN ON PLANS
SECTION A—A
NOTES:
1. CONCRETE SHALL BE 560—C-3250.
2. --------- = WEAKENED PLANE JOINTS.
3. — — = TYPICAL FLOWLINES.
4. o = ELEVATIONS TO BE SHOWN ON PLANS.
5. RETURN SEGMENTS TO BE 7" THICK.
6. CURB BETWEEN P.C.R.S SHALL BE CONSIDERED AS PART OF THE CROSS GUTTER.
7. IN ALL CASES SUBGRADE SHALL BE COMPACTED TO 95% MIN. RELATIVE COMPACTION TO DEPTH OF 12". LEGEND ON PLANS
Revision By Approved Date SAN DECO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
ORIGINAL KERCHEVAL 12/75
ADD METRIC T. STANTON 03/03 10 25 2018 EFORMATTED T. STANTON 04/06 CROSS GUTTER Chair erson R.C.E. 19246 Date UPDATED CV MR/CV 11/11 DRAWING G-12 REVIEwEo CV1 CV 12 15 NUMBER
12/13/2022 C8 Page 326 of 388
R/W
2:1 TRANSITION
X
N :. D
• J
Ld
CURB LINE 4---- GUTTER'
3'-0" 3'-0"
PLAN
DRIVEWAY CURB OPENING
DRIVEWAY WIDTH
SHOWN ON PLANS
BOTTOM OF CURB
12" R (TYP.)
ELEVATION
R/W rEDGE OF SIDEWALK
EXPANSION JOINT 2% RISE MAX
SEE NOTE 5 1^
ABOVE GUTTER
5-1/2" RESIDENTIAL
7-1/2" COMMERCIAL >
1/2" R
SECTION
NOTES:
1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY THE AGENCY.
2. FOR RESIDENTIAL USE, CONCRETE SHALL BE 520-C-2500; FOR COMMERCIAL USE, CONCRETE SHALL BE 560-C-3250.
3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS.
4. DRIVEWAY RAMP TO EXTEND 10' FROM CURB FACE OR TO PROPERTY LINE WHICHEVER IS LESS.
5. PLACE EXPANSION JOINT AT RIGHT-OF-WAY OR 10' WHICHEVER IS LESS.
6. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS.
7. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL R. MUNOZ 4 97 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 25 2018
REVIEWED T. STANTON 04/06 CONCRETE DRIVEWAY - TYPE A Chair erson R.C.E. 19246 Date UPDATED MR MR/CV 1 02/12 (CONTIGUOUS SIDEWALK) DRAWING G-14A UPDATED CV CV 12/15 NUMBER
12/13/2022 C8 Page 327 of 388
2:1 TRANSITION
R/W
X Y
Q Z Q
N. �. p
o (V
Q �
CURB LINE
GUTTER
3'-0"
PLAN
DRIVEWAY CURB OPENING
DRIVEWAY WIDTH
SHOWN ON PLANS
BOTTOM OF CURB
ELEVATION 12" R (TYP)
R/W EDGE OF SIDEWALK
EXPANSION JOINT I SEE NOTE 5 2% RISE MAX
1" ABOVE
5-1/2" RESIDENTIAL GUTTER
7-1/2" COMMERCIAL
O
D
SECTION D D
1/2" R
NOTES:
1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY THE AGENCY.
2. FOR RESIDENTIAL USE, CONCRETE SHALL BE 520—C-2500; FOR COMMERCIAL USE, CONCRETE SHALL BE 560—C-3250.
3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS.
4. DRIVEWAY RAMP TO EXTEND TO 10' FROM CURB FACE OR TO PROPERTY LINE WHICHEVER IS LESS.
5. PLACE EXPANSION JOINT AT RIGHT—OF—WAY OR 10', WHICHEVER IS LESS.
6. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS.
7. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL R. MUNOZ 4/97
SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 25 2018 EFORMATTED T. STANTON 04/06 CONCRETE DRIVEWAY Chair erson R.C.E. 19246 Date UPDATED MR MR/CV 02/12 NON-CONTIGUOUS SIDEWALK DRAWING UPDATED I CV I CV 12/15 NUMBER G-14B 12/13/2022 C8 Page 328 of 388
NON—CONTIGUOUS SIDEWALK
R/W
�
x x
2:1 TRANSITION
z g
b\
N N
0 CONTIGUOUS SIDEWALK
z_ x
0)
in b\
N
CURB LINE DEPRESSED CURB
�- — GUTTER
3'-0"
PLAN
DRIVEWAY CURB OPENING
DRIVEWAY WIDTH
SHOWN ON PLANS
BOTTOM OF CURB
ELEVATION 12" R (TYP)
R/W
EXPANSION JOINT EDGE OF SIDEWALK
SEE NOTE 5
2% MAX RISE
1" ABOVE
GUTTER
5-1/2'
1/2" R
SECTION
NOTES:
1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY THE AGENCY.
2. CONCRETE SHALL BE 520—C-2500.
3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS.
4. DRIVEWAY RAMP TO EXTEND 10' FROM FACE OF CURB OR TO PROPERTY LINE WHICHEVER IS LESS.
5. PLACE EXPANSION JOINT AT RIGHT—OF—WAY OR 10', WHICHEVER IS LESS.
6. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS.
7. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT.
REVISION BY APPROVED DATE RECOMMENDED BY THE SAN DIEGO ORIGINAL R. MUNOZ 4/97
SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 7/Z6/20/Z
RESIDENTIAL Jo�
REFORMATTED T. STANTON 04/06 C AIRPERSON R.C.E. 19246 DATE UPDATED MR MR/CV 02/12 CONCRETE DRIVEWAY DRAWING (PARKWAY LESS THAN 10' IN DEPTH) NUMBER G-14C 12/13/2022 C8 Page 329 of 388
MONOLITHIC CURB IF
SPECIFIED OR REQUIRED
R/W — — — —
Z J Q Q Q
1:12 1:12 '
N
N N N
CURB
LINE I , DEPIRESSEF CURB
GUTTER
PLAN 12" WIDE BORDER WITH 1/4"
GROOVES APPROX. 3/4" O.C.
TABLE A
DRIVEWAY CURB OPENING X Y
CURB RAMP
Y I DRIVEWAY WIDTH HEIGHT IGHT LENGTH (SEE TABLE A) SHOWN ON PLANS (SEE TABLE A) 1» 0'-0" 2» 1'-0»
3„ 2'-0"
x
» 4'-0
5 "
BOTTOM OF CURB 6" 5-0"
ELEVATION 7" 6'-0"
R/W
MONOLITHIC CURB IF
SPECIFIED OR REQUIRED
27- MAX RISE
1" ABOVE
` GUTTER
5-1/2" RESIDENTIAL
7-1/2" COMMERCIAL EDGE OF SIDEWALK
O
EDGE OF SIDEWALK 1/2" R
SECTION
NOTES:
1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY THE AGENCY.
2. FOR RESIDENTIAL USE, CONCRETE SHALL BE 520-C-2500; FOR COMMERCIAL USE, CONCRETE SHALL BE 560-C-3250.
3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS.
4. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS.
5. PLACE EXPANSION JOINT AT RIGHT—OF—WAY.
6. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT.
7. RAMP LENGTH CALCULATIONS ARE BASED ON X-1" TO ACCOUNT FOR THE 1" DRIVEWAY LIP.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL HH T. STANTON 02/03 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON 03/03 10 25 2018 REVIEWED T. STANTON 04/06 CONCRETE DRIVEWAY Chair erson R.C.E. 19246 Date UPDATED MR MR/CV 02/12 (FOR CONFINED RIGHT-OF-WAY) DRAWING G-14D UPDATED CV CV 12/15 NUMBER
12/13/2022 C8 Page 330 of 388
R/W
b\
MATCH WING TRANSITION
x
x
N w
/ K) \ �o
of .
DEPRESSED CURB
CURB LINE GUTTER
3' 3'
PLAN
DRIVEWAY CURB OPENING
DRIVEWAY WIDTH
SHOWN ON PLANS
BOTTOM OF CURB
R/W
ELEVATION 12" R (TYP)
EXPANSION JOINT
2% RISE MAX
SEE NOTE 5 SIDEWALK
1"
9.67gy L: ABOVE GUTTER
5-1/2" RESIDENTIAL MAX 2% MAX
7-1/2" COMMERCIAL 9.67q MAX-_
1/2 �R >
SECTION
NOTES:
1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY AGENCY.
2. FOR RESIDENTIAL USE, CONCRETE SHALL BE 520—C-2500; FOR COMMERCIAL USE, CONCRETE SHALL BE 560—C-3250.
3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS.
4. DRIVEWAY RAMP TO EXTEND TO 10' FROM CURB FACE OR TO RIGHT—OF—WAY, WHICHEVER IS LESS.
5. PLACE EXPANSION JOINT AT RIGHT—OF—WAY OR 10', WHICHEVER IS LESS.
6. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS.
7. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT.
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO NEW MR MR/CV 02/12 REGIONAL STANDARDS COMMITTEE UPDATED CV CV 12/15 u,, 10 25 2018 CONCRETE DRIVEWAY - TYPE B Chalr erson R.C.E. 19246 Date (CONTIGUOUS SIDEWALK) DRAWING G-14F
NUMBER
12/13/2022 C8 Page 331 of 388
W
Z
J
W
I d
I O
I Of
a-
-+— — - REQUIREMENT 1
6 NO PORTION OF ANY CURB OPENING SHALL BE PERMITTED PROPERTY LINE ; t WITHIN 6' OF THE INTERSECTION OF THE PROLONGED ��� PROPERTY LINES AND THE CURB SHOWN BY ARC A.
I � �
DRIVEWAY i J``�
CURB OPENING I i�G 2
CURB LINE
W
z
J
W
d
O
a RADIUS 25'
PROPERTY LINE OR LESS- _
�� REQUIREMENT 2
��J NO PORTION OF ANY CURB OPENING SHALL BE PERMITTED DRIVEWAY I e0 IN THE CURB RETURN WHERE THE RADIUS OF CURB IS 25' CURB OPENING J OR LESS, AS SHOWN BY ARC B.
CURB LINE
w
z
RADIUS MORE
w THAN 25'cr
t
--o --
PROPERTY LINE �
REQUIREMENT 3
�G ON ALL CURB RETURNS WHERE THE RADIUS IS MORE THAN �PA'\x °� ° 25', CURB OPENINGS MAY ENCROACH UPON EACH END OF THE DRIVEWAY �O �o ����` RETURN A DISTANCE EQUAL TO 12.5% (OR 1/8) OF THE TOTAL CURB OPENING °� °� LENGTH OF THE ARC ON THE CURB RETURN, THUS LEAVING AT CURB LINE � �� FACELEAST
FREEFROMor /DRIVOF THE LENGTH OF ARC ON THE EWAY ENCROACHMENT, RETURN
PROVIDED
12.5% (OR 1/8) OFF �� �° REQUIREMENT 1 IS MET.
TOTAL LENGTH OF ARC
W
z
J
W
O
d
----------
REQUIREMENT 4
NO PORTION OF ANY CURB OPENING SHALL BE PERMITTED
PROPERTZ. cj
LINE �J� IN THE CURB RETURN WHERE A SEPARATE TURNING MOVEMENT IS PROVIDED, AS SHOWN BY ARC C.
DRIVEW0CURB OPE
CURB LINE
REVISION BY APPROVED DATE RECOMMENDED BY THE SAN DIEGO
SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL KERCHEVAL 12/75
ADD METRIC T. STANTON 03/03 Jo�
7/Z6/20/Z
REVIEWED T. STANTON 04/06 DRIVEWAY LOCATION - ADJACENT TO C AIRPERSON R.C.E. 19246 DATE UPDATED I MR MR/CV o2/1z CURB RETURNS AND STREET LINES DRAWING G-15 NUMBER
12/13/2022 C8 Page 332 of 388
ROOT BARRIER REQUIRED WITHIN
10' OF TREE TRUNK, SEE NOTE 2
i
• I 10' MIN
. I
• i TREE TRUNK
i
r
i
10' MIN
i
i
i
i
ROOT BARRIER i
PLAN VIEW
ROOT BARRIER REQUIRED
WITHIN 10' OF TREE TRUNK
TOP OF ROOT BARRIER y2"
HARDSCAPE, WALLS, BUILDINGS, ABOVE FINISHED GRADE
BROW DITCHES, OR OTHER
IMPROVEMENTS � TREE TRUNK
FINISHED GRADE
Tr1=1 I I=_
i
i
—III—III-i; '
Illi i
III 24" DEPTH ROOT BARRIER
i
SECTION
NOTES:
1. ROOT BARRIER SHALL BE INSTALLED ADJACENT TO THE IMPROVEMENT AND NOT AROUND THE ROOTBALL.
2. ROOT BARRIER REQUIRED WHEN TREE TRUNK IS WITHIN 10' OF HARDSCAPE, WALLS, BUILDINGS, BROW DITCHES, OR OTHER IMPROVEMENTS.
3. FOR ROOT BARRIER INSTALLATION WITH THE TREE GRATES SEE L-4.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL M. Caro 02/06
Add Metric T. Stanton 03/03 71z6/20/2 Delete Metric KA N. Batts 06/11 ROOT CONTROL BARRIER Ch irperson R.C.E. 19246 Date
DRAWING
NUMBER L-6
12/13/2022 C8 Page 333 of 388
Machined Surface
o See Detail
36°� o000 12 Ribs
ti
1 30°
HALF PLAN FRAME & COVER
E
38 1/8" D
0 \ 39 3/4" D 24 1/2" D /8"I , U
1/8" 3 38 3/8D D 24" D 1/4"
I �•D I
3/4'—
x
co 1 1/2„
ZIIelh
2" —
— t t/" 1 8"
36" D mfer /
4" 26" D —�
26 1/2" D —
HALF SECTION FRAME & COVER
X
a
E
x
NOTES
1. Frame and cover shall be cast iron. Cast iron 1/8 7/16„ 1/2" shall conform to ASTM 48, Class 356. 1
2. Weights: Frame 314 lbs — 363 lbs.
Outer Cover 285 lbs — 330 lbs.
Inner Cover 147 lbs — 171 lbs.
3. Machine all matching surfaces and seats of
frame and cover to prevent rocking. DETAIL
4. Imported frames and covers shall have the
country of origin marked in compliance with
federal regulations.
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO UPDATED DG T. STANTO 12 15 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE REVIEWED DG T. STANTO 10 18 36" MANHOLE FRAME 7az52018 AND TWO CONCENTRIC COVERS Cha erson R.C.E. 19246 Date HEAVY DUTY DRAWING
NUMBER M-03A
12/13/2022 C8 Page 334 of 388
1 3/4"x 1 3/4"
12 Gauge Post
6'
(Unless Otherwise Shown on Plans) 1-7
2"f
NOTES •
1. Structural steel tubing used for °
post & sleeves shall be °
galvanized 12 gauge cold rolled °
steel, of the nominal dimensions o
shown hereon and meet the
requirements of ASTM A446
Grade A. °
0 2. Galvanizing shall be per ASTM
A525. Posts & sleeves shall 0 3/8" Rivet (typ.) have 7/16" dia. holes °
spaced 1" o.c. t1/8" 0
LM
& shall have no more variation in co 0
straightness than 1/16" in o 0
3'. Posts shall be square ; o Rivet Specification within t0.014", have twist o Dimension: 3/8" Dia. Shank no greater than 0.062" in 3' and " ° 7/8" Dia. Head have corner radii of 5/32" 0 Grip Range: .200—.356 t1/64". N ^ Finish: Electro—Galvanize
00 ° ASTM—B-633
3. The signs shall be mounted E 0 Type III SCI on posts in accordance with E 0
Section 56, "Signs" of the State o 0
Standard Specifications. All 0
fastening hardware is to be 0
provided by the Contractor. 0 3/8" Rivet (typ.)
4. Maximum sign size 5.2 sq. ft. 0
° 2 1/4" Anchor Sleeve
3" •
V ° Existing
0 Ground
0 2 1/4% 2 1/4" o M
12 Gauge Post °
2% 2"-12 Gauge
Post 2" Anchor Post
Revision By Approved Date RECOMMENDED BY THE SAN DIEGO ORIGINAL G. Parkinson 02/95 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE Revised D. Gerschoffe 09/15
10 25 2018
Reviewed K. Equipodo 10/18 BREAK-AWAY SIGN POST ChairZerson R.C.E. 19246 Date DRAWING M-45
NUMBER
12/13/2022 C8 Page 335 of 388
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095000
REVISIONS APPROVED DATE VISTA IRRIGATION DISTRICT UPDATED B SMITH 03/25/11 3 r
UPDATED B SMITH 04/11/13 BRIAN SMITH �A E 1 " WATER SERVICE R.0 E. 39926
1 C8 P%�®35I3MCi881 -1
SEE MOTE 3 u 4
TYPE A //\\\/\\ I 4
CONTIGUOUS F///A G
SIDEWALK SIDEWALK
CURB
METER BOX
SEE NOTE 3 9
TYPE B 4
NON-CONTIGUOUS
SIDEWALK SIDEWALK
CURS
METER BOX
TYPE C SEE NOTE 3 WITH CURB
NO SIDEWALK
CURB
METER BOX
24"FROM PROPERTY
LINE.EDGE OF PAVEMENT
OR EDGE OF RIGHT OF WAY
TYPED vm 24" � ROAD SURFACE
NO CURB I
METER BOX
NOTE:
1. METER BOXES SHALL NOT BE LOCATED IN DRIVEWAYS.
2. WHERE SERVICE LATERAL CROSSES A NEW CURB, THE
LOCATION SHALL BE MARKED BY STAMPING A"W"IN THE
FACE OF THE CURB AT THE CROSSING POINT.
3, METER BOX SHALL BE INSTALLED 9" FROM LACK OF BERM,
CURB, OR SIDEWALK.
4. AN EASEMENT MAY BE NEEDED DEPENDING ON LOCATION OR METERS BOX. 3EVISION8 APPROVED DATE VISTA IRRIGATION DISTRICT UPDATED B.SMITH 03/25/11
METER BOX LOCATIONS BRIAN SMITH DATE
R.C.E. 39926
D. G. -4
244' T MAX.
TYPE COLD JOINT STRIP
SIDEWALK
A
24"
CONC. APRON CURB OR
ASPHALT
TYPE
4'x 4' x 8"THICK BERM
�
B
SIDEWALK J
CONC. APRON 24" CURB ASPHALT
4' x 4'x€3"THICK BERM
TYPE
G COLD JOINT STRIP
d. T '
3' CURB OR
SIDEWALK ASPHALT
BERM
TYPE I *4"
*1/2'
D4„
CURB FACE
�CONC. APRON 3 OUTLETS 2 OUTLETS
NOTES 4' x 4'x 8"THICK
1 APRON, WHERE REQUIRED
2 DISTANCE FROM HYDRANT TO TOP OR TOE OF SLOPE, MINIMUM 3'REQUIRED. 3 WHERE HYDRANT IS NOT PROTECTED BY A VERTICAL FACE CURB, PROTECTIVE POSTS MAY BE REQUIRED BY DISTRICT. SEE STD. DWG. 4-3 FOR DETAILS.
4 HYDRANT SHALL BE LOCATED 5 FROM CURB RETURN, 5 MIN. FROM DRIVEWAY, ON PROPERTY LINE EXTENSION, OR AS SHOWN ON PLANS.
REVISK)NS APPROVED DATE VISTA IRRIGATION DISTRICT UPDATED B.SMCT1-! 63/25/11
FIRE HYDRANT LOCATIONS BRIAN SMITH A E
R.C.E. 39926
r7-1 I STD. DWG. 4-2
12/13/2022 C8 Page 338 of 388
2"AC PAVEMENT
FINISH
7 GRADE
CV CO ! E Ij
2 6
E 3 12'
10 I DETAIL A
NO SCALE
7 5
TOP VIEW
THROUGH
SLOT
NOTES VlD I
WATER
1 PIPE SHALL BE SAW OR MACHINE CUTON EACH END,NO BEVELED OR BELL SECTIONS 2 FOR iNLINE VALVE ANCHOR BLOCK INSTALLATION SEE STD,DWG.5-5 3 VALVES DEEPER THAN 5'REQUIRE A VALVE STEM EXTENSION
4 EXTENSION STEMS SHALL NOT BE ATTATCHED/BOLTED TO OPERATING NUT 5 MATERIALS SHALL BE SELECTED FROM THE VID APPROVED MATERIAL LIST TF_M SIZE AND DEw0,R1P! ION IIEM SIZE AND DESCRIPTION NO. NO.
d
I RESILIENT WEDGE GATE VALVE 4 8"PVC DR-14 PIPE x REQUIRED LENGTH OF GATE WELL 6"HIGH x 6"WIDE COMPACTED SUPPORT WITH (2) 2"x 2"x 12"LONG REDWOOD 2 ASPHALT—CONCRETE DING 1 5 BLOCKS OR THE CONCRETE VALVE BLOCKING 3 1 VALVE STEM EXTENSION SEE NOTES 3 8:4 � 6 '12"x 8"GALVANIZED SLEEVE, 20 GUAGE 7 I S"x 6"GATE WELL LID SEE APPROVED VID MA T ERIAL LIST REVISIONS APPROVED DATE VISTA IRRIGATION{ DISTRICT j
UPDATED B.SiJITH 3r'25/11 ��.'�flri4 3 xs- ! BRIAN SMITH DATE
VALVE WELL INSTALLATION R.C.E. 39926
STD. DWG. 5-3
12/13/2022 C8 Page 339 of 388
Appendix H:
Sample Public Notification Documents
187
12/13/2022 C8 Page 340 of 388
00000
CITY OF VISTA
C A L I I- 0 R N I A
NOTICE
NAME STREET
IMPROVEMENTS
WORK WILL START IN MONTH YEAR AND CONTINUE UNTIL MONTH YEAR The City of Vista will be constructing street improvements on Highland Drive from N. Melrose Drive to Maryland Drive.
The construction will require the implementation of traffic control to accommodate the work. Some work may also take place at adjacent driveways, which will temporarily affect access.
The project may cause some inconvenience during construction, but once the work is complete Highland Drive will have much needed street improvements.
We will endeavor to complete this work as quickly as possible and with a minimum of inconvenience to you.Thank you for your understanding and cooperation during the construction of this project.
If you have any questions about the project or any concerns during construction, please contact one of the individuals below:
City Inspector Construction Contractor
Name Name
Engineering Department Company
(760) 643-5384 Phone number
@cityofvista.com
12/13/2022 C8 Page 341 of 388
00000
CITY OF VISTA
C A L I I- 0 R N I A
NOTIFICACION
Movilidad Peatonal 2020
Proyecto de Banquetas
El traba'o comenzara MONTH YEAR y terminara MONTH YEAR
La ciudad de Vista ha contratado a de CA para la construccion de banquetas y entradas por las siguientes calles:
Highland Drive
La construccion requiere control de trafico para poder trabajar. Las entradas y trafico peatonal en las areas mencionadas anteriormente seran temporalmente afectadas.
El acceso vehicular en el area de construccion tambien sera temporalmente afectado, pero las calles se mantendran abiertas al trafico.
Esperamos completar este trabajo to mas pronto posible con minimas molestias. Le agradecemos su comprension y cooperacion durante la construccion de este proyecto.
Si tiene alguna pregunta o preocupacion durante la construccion, por favor comuniquese con cualquiera de las siguientes personas:
Gerente del Proyecto Inspector de la Ciudad Contratista de Construccion Name Name Name
Departamento de Ingenieria Departamento de Ingenieria Company (760) 643- (760) 726-1340 x- Phone number
(a)citvofvista.com [email protected] E-mail address Atentamente,
Gerente del Proyecto para la Ciudad, Name
Ciudad de Vista, Departamento de Ingenieria
12/13/2022 C8 Page 342 of 388
1�
I
p%' '
City of Vista
Public Works Department
NOTICE
Slurry Seal of Various Streets
NO PARKING OR DRIVING
7:00 A.M. - 5:00 P.M.
SORRY FOR THE INCONVENIENCE
Your street will be closed to ALL TRAFFIC on:
so that we may improve its surface.
Since parking on the street will be prohibited on this date,
PARK YOUR CAR ON AN ADJACENT, NON-POSTED STREET
before the above time so that you will not be deprived of its use.
PARKED CARS WILL BE TOWED
You will NOT BE ALLOWED TO DRIVE on your street until the surface dries. Slurry seal is sticky and will adhere to your tires if you drive on it when it is wet, so please obey all construction area signs.
Please do not permit water to run in the gutter during street work.
This will help the slurry to dry. If your trash is scheduled for pick upon this date, please have it out by 6:00 a.m. On major thorough-fare, driving and business access will be provided.
UNDER NORMAL WEATHER CONDITIONS your street should
generally be back in service by 5:00 p.m. However, the construction delays and unforeseen problems could effect the completion time. Work not done because of wet weather or unforeseen circumstances will be rescheduled and you will be re- notified within the next 2 weeks.
Due to the number of streets scheduled, we cannot tell you the exact time your street will be done. We realize the inconvenience caused by limited access to your street. Please understand that the inconvenience caused at this time is very small compared to what would later be required if this protection were not applied.
THANKS FOR YOUR COOPERATION
City of Vista, Public Works Department
(760) 726-1340 extension 1606
12/13/2022 C8 Page 343 of 388
I �
Ciudad de Vista
Departamento de Obras Publicas
ATENCION
Aplicacion de "Slurry Seal"(una capa
asfaltica) en varias calles de la ciudad
NO MANEJAR O ESTACIONAR
7:00 A.M. - 5:00 P.M.
DISCULPE LAS MOLESTIAS
Su calle estara cerrada para TODO EL TRAFICO el dia:
Para hacer arreglos a la superficie de la calle
Como no podra estacionarse durante la fecha indicada,
ESTACIONE SU VEHICULO EN LAS CALLES VECINAS DONDE
ESTA PERMITIDO antes de la fecha y horario indicado para no privarlo del use de su vehiculo.
LA GRUA SE LLEVARA LOS VEHICULOS
ESTACIONADOS EN ESTA CALLE
NO PODRA MANEJAR en su calle hasta que la capa de asfalto este seco. El "Slurry Seal" es pegajoso y podra causarle dano a las Ilantas de su vehiculo si maneja mientras este mojado. Por favor obedezca todos los letreros y sehales de construcci6n.
No deje correr agua en la orilla de la calle durante las horas de trabajo. Esto ayudara a que se seque el asfalto. Si es el mismo dia esta programado para que recojan la basura, por favor saquela antes de las 6:00 A.M. En calles principales se podra manejar y habra acceso a los negocios.
EN CONDICIONES NORMALES su calle estara en servicio antes de las 5:00 P.M. Pero, si surgen problemas, puede afectar el tiempo de terminaci6n. Si no se puede terminar por problemas del clima (Iluvia), o cualquier otra circunstancia, se hara un nuevo horario y se le notificara dentro de dos semanas
Debido al numero de calles programadas para una capa asfaltica, no podemos dar un tiempo exacto para la terminaci6n de la obra en su calle. Sabemos que necesitan tener acceso a su calle. Por favor tenga en cuenta que el problema de su calle puede empeorar si no se arregla pronto.
GRACIAS POR SU COOPERACION
Ciudad de Vista, Departamento de Obras
Publicas
(760) 726-1340 extension 1606
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Appendix I:
Project Sign Layout Example
188
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CHAPTER 11 -- INVOLVING THE PUBLIC
I. OVERVIEW......................................................................................................................... 11-2 II. APPLICABLE REQUIREMENTS........................................................................................ 11-2 III. GRANTEE RESPONSIBILITIES ........................................................................................11-3 A. KEEPING THE PUBLIC INFORMED.......................................................................... 11-3 B. WORKING WITH THE MEDIA....................................................................................... 11-4 C. PRESS RELEASES ....................................................................................................... 11-5 D. PROJECT SIGNS .......................................................................................................... 11-6 E. SPECIAL EVENTS......................................................................................................... 11-7 F. OTHER PUBLIC INFORMATION TOOLS ..................................................................... 11-8 G. DEALING WITH COMPLAINTS .................................................................................... 11-8 EXHIBITS................................................................................................................................... 11-10 Community Development Block Grant Program CDBG / NSP Administration Manual Montana Department of Commerce October 2013
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CHAPTER 11
INVOLVING THE PUBLIC
I. OVERVIEW
Congress and HUD have always placed strong emphasis on citizen participation in the CDBG program. Montana's CDBG Program places strong emphasis on involving the public during the development of an application for CDBG funding. As an applicant for CDBG funds, your community held a minimum of two public hearings to encourage meaningful public involvement in the planning for your project. Many communities went beyond this minimum requirement and conducted community attitude surveys as part of their needs assessment process or held town meetings to solicit citizen comments on community needs.
The need to keep the public informed and involved does not stop after you receive notice that your grant application was selected for funding. An effective program for involving and informing local citizens can also be vital to the success of a CDBG project.As the community develops an awareness of the project, the issues involved, and the potential benefits, citizens will develop a sense of ownership and participation in the project and a better understanding of how their local officials and staff are working on their behalf.
Another issue that sometimes comes up in managing a local CDBG project is dealing with complaints.
No matter how hard local officials, staff, or consultants work to implement a project as smoothly as possible, someone will usually be dissatisfied with some aspect of the project. Complaints"come with the territory" and may be expressing very legitimate concerns. On the positive side, taking steps to resolve a complaint can provide an opportunity to solve a problem or a concern for a citizen. The citizen who receives prompt, fair, and courteous treatment in response to a complaint will usually respond favorably, regardless of the final outcome.
This chapter describes the requirements and obligations a CDBG recipient has for involving the public during implementation of a CDBG project and some techniques to help accomplish this.
II. APPLICABLE REQUIREMENTS
Section 104(a)(2)of the Federal Housing and Community Development Act provides that to enhance public accountability, the grantee must in a timely manner furnish citizens information about the amount of funds available for proposed community development and housing activities, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income.The Act also requires CDBG recipients to provide citizens with reasonable access to records regarding the past use of CDBG funds and reasonable notice of, and an opportunity to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to another or in the method of distribution of CDBG funds.
The Housing and Community Development Act requires that CDBG recipients:
❑ Provide for and encourage citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which [CDBG]funds are proposed to be used, and provide for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; Community Development Block Grant Program CDBG/ NSP Administration Manual Montana Department of Commerce October 2013
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❑ Provide citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, and relating to the actual use of funds; ❑ Provide for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee;
❑ Provide for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance. Hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped;
❑ Provide for timely written answers to written complaints and grievances, within 14 working days where practicable; and
❑ Provide for the needs of non-English speaking residents in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate.
III. GRANTEE RESPONSIBILITIES
A. KEEPING THE PUBLIC INFORMED
There is an understandable tendency for the local officials and staff of any community to get absorbed in the day-to-day details of administering their CDBG project. It is easyto forget that it is also important to keep local citizens up to date on what is going on, too. Your goal should be to keep the public fully informed about the CDBG project as it proceeds. For example, on many local public facility projects, there are often plenty of"sidewalk superintendents" who are always eager to convey their opinions about the project to friends and neighbors. The best way for local officials and staff to stay ahead of the"rumor mill" is to continually make efforts to keep the public informed about what is really going on and why.
Public facility projects are especially visible to and can impact many local citizens. Utility installation and replacement projects can also cause hardships on local residents. Because of this, it is important to inform the public well in advance regarding street closures,water shut offs, any delays that can be expected, and the general status of the project. Procedures to keep the public informed need to be planned and initiated before construction begins and need to be continued throughout the project.
Keeping people informed can help accomplish other goals related to your project, too. For example, with a housing and neighborhood revitalization project, continued publicity helps to market your housing program and lets people know that help is available to improve their homes or to purchase a home. In most public facility projects involving water or sewer improvements, even with CDBG participation, there will be an increase in local rates or user charges. Continued publicity regarding the project helps local citizens understand why these costs must go up and makes them feel like part of the process, rather than just being on the receiving end of a higher water or sewer bill. Publicity also helps inform people regarding the complex issues their local governments are facing in trying to provide adequate public facilities, such as the need to install water meters or to annex areas into the city.
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Publicity about your CDBG project can also be used to generate enthusiasm about your community and your long-term goals to revitalize your town or a neighborhood.
Publicity efforts do not have to be sophisticated to be effective. Past recipients under Montana's CDBG Program have varied in population from Butte-Silver Bow at 34,000 to the Town of Bearcreek at 83. Publicity and citizen participation efforts need to be tailored to the situation in each community.
One approach followed in many communities is to have the project engineer or manager provide monthly progress reports to the City or Town Council. Copies of the progress report can then be provided to the local newspaper or radio station. Updates on the progress of the project can be sent out with the monthly water or sewer bills.
Another option would be to have the project manager or members of the city council make brief presentations to local civic groups or service organizations to bring them up to date. A Power Point presentation can be a very effective way to show the impact of a local CDBG project for those involving housing rehabilitation, where the change in the physical appearance of a home, inside and outside, before and after rehabilitation, can be very dramatic.
B. WORKING WITH THE MEDIA
Many communities with excellent CDBG projects have never really received the credit they should because local officials or staff expected that the media would hear about their efforts and publicize CDBG project activities. Recognition seldom happens without people taking active steps to inform other people about what is going on. If you can interest the media in your CDBG project,you will reach a much larger audience than you can any other way. Radio,television, and newspaper reporters and editors are always looking for a good feature idea, especially if you will work with them and it can be developed by them as their own story, rather than just a press release.
It is always desirable if the local newspaper can provide coverage of any major meeting or event regarding the CDBG project to help keep citizens up to date on new developments. The project manager or the Mayor can also contact the local newspaper to periodically brief the editor or reporters on the status of the community's CDBG project.
If you do a press release or are interviewed about your project, it is very helpful if you mention that CDBG funds have helped to finance the project.This makes other communities aware that the CDBG program may be an option to help them deal with their problems and also lets people know where their federal tax dollars are going. It also lets our U.S. Senators and Congressman know that the program is accomplishing good things for their constituents.
A local radio talk show or call-in program can be an effective way for a project manager or local officials to spread the word about the current progress of the CDBG project. These types of programs are always looking for new material, particularly if it will be of general interest to the public or of a "public service" nature. You can help the interviewer by making up a list of possible questions or key issues beforehand.
It's important to build a good working relationship with the media.You should make every reasonable effort to accommodate the media staff and their schedules. Find out what deadlines and schedules your local newspaper or radio or television stations follow and avoid asking them to give you coverage just before a deadline. For example,weekly newspapers typically have one especially hectic day each week when they prepare to go to press.You should find out what day it is and try to schedule any special events or meetings around it so you give the newspaper adequate time to incorporate news Community Development Block Grant Program CDBG/ NSP Administration Manual Montana Department of Commerce October 2013
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about your activity in the latest edition. Otherwise your meeting or special event may be"old news"by the time it's publicized.
For any special event or meeting, prepare clear, concise background information for reporters.
Reporters may be unfamiliar with the issues of concern to you and often will not have time to do background research before their deadline. You can refer to information from the MDOC CDBG website: http://comdev.mt.gov/CDBG/default.mcpx
You can also check with your local newspaper to see whether they will accept photographs or will want to take their own. If they will accept digital photos,find out what kind of photo format they prefer.
Newspapers like to use shots including an activity or an object that helps to tell a story rather than just group pictures. Television news, in particular, like footage showing action; such as construction activity. where a group is photographed, try to limit the number of people photographed to no more than three or four. You should always accurately identify the names and titles of all the people included in the photograph.
Try to have a story focus on the people that will benefit from the project. A press release about your housing rehabilitation project is not nearly as interesting as a "human interest"story about an elderly, low-income widow who has had her life changed by a CDBG loan to improve her home. See Exhibit 11-B for an example of newspaper coverage of a CDBG project.
Although local officials involved in administering a CDBG project are understandably immersed in an alphabet soup of acronyms, try to avoid using jargon or technical terms that will not be familiar to the general public. Use straightforward, simple language whenever possible. ► Remember, working with the media is about building relationships. Always ask these questions:
What do you need from me? What can I do to help you? Stories get printed or broadcast more often when you help them to do a better job and to meet their tight deadlines.
C. PRESS RELEASES
Press releases should be used primarily for special events or major new developments, rather than routine events. If they are used continually, they tend to be ignored. Also, in most Montana communities the local media do not need a format as formal as a press release. However, by reviewing these suggestions you can help make sure that the materials you put together for local media cover the key issues.
The lead (first)paragraph should single out the answer to at least two of journalism's five"W's": who, what, when, where, and why. The remainder of the "W's" should be answered in the second paragraph. The lead paragraph should not be over four lines.
Try to begin the release with an eye-catching quote or key statement about the event you are trying to publicize. Use present tense and avoid terms such as"today"since you do not know when the article will be released. Write your release with the most important information in the beginning, in the order of priority, so the story can be cut from the end. Give a little background on the issue, if necessary.
Releases should be kept to one page in length, whenever possible. Keep it short and simple. They should be typed, double-space, on one side only.
If you do a press release for the radio or TV station or the newspaper, make sure that it includes the name and telephone number of a person who can be contacted for further information. Newspapers Community Development Block Grant Program CDBG/ NSP Administration Manual Montana Department of Commerce October 2013
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or radio stations rarely use a press release just as it is written. More often,the press release is just the starting point for them to write their own story. It is a real help to them if they can call someone to ask additional questions to flesh out the story or to clarify key points. This will also give local officials or a project manager an opportunity to elaborate on the release or emphasize important aspects of the story.
The release should always be distributed sufficiently in advance for news people to do follow up to fit the story into their schedules for programs or printing. Do not send it at the last minute and expect good coverage.
The information you provide does not have to be as formal as a press release but including the key points covered here, in writing, via an e-mail, gives them a starting point for an article that they won't have to write from scratch. Find out what the reporter or editor needs and provide it for them to make their job easier.
Exhibit 11-C is a sample format for preparing a press release.
D. PROJECT SIGNS
A long-standing requirement for many federal funding programs, particularly those involving economic development and public facilities, is that the community erect a sign on or near the project site which describes the purpose of the project and the various funding sources. Some federal agencies, even require that bid specifications contain construction details for project signs including dimensions,size and type of lettering, and specific colors of paint.
MDOC has always strongly encouraged grant recipients to erect project signs to publicize the project and the sources of funding. Since 2000, CDBG recipients have been required to put up an appropriate sign or signs for their project.
More publicity regarding the project helps local citizens feel involved in the project.A well-done project sign can help generate enthusiasm about your project and give people the feeling that things are happening in the community or neighborhood. It also lets the public know that something worthwhile is being accomplished with their federal or state tax dollars.
Reasonable costs for preparing project signs is an eligible use of grant funds. Like the other aspects of publicity for a local CDBG project, a project sign does not have to be professionally done to be effective. The Town of Chester, for example, had a high school shop class paint their sign on a 4 X 8 foot sheet of plywood for the "Chester Northside Water System Improvements" CDBG project. The standard elements included in project signs for public facilities or economic development projects are shown in the examples in Exhibits 11-D and 11-E. If another funding program requires a project sign and has specifications for size or color, that will suffice, as long as the Montana CDBG Program is credited and its financial participation listed along with the other funding agency or programs.A single sign may be located at a major construction site or signs may be located at multiple sites, depending up the nature of the project. For a community-wide project, local officials may choose to erect signs at the principal town entrances.
In a housing and neighborhood revitalization project, the project area will usually cover an entire neighborhood or even the entire community. In these cases, a single project sign may not be appropriate. The City of Havre's East End housing rehabilitation project placed signs on the lawns of homes being rehabilitated through the CDBG project. An example of the signs is shown in Exhibit 11-E. Included at the bottom of the sign is the HUD fair housing logo and the telephone Community Development Block Grant Program CDBG/ NSP Administration Manual Montana Department of Commerce October 2013
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number for the rehabilitation program office. Some people may not want a sign in front of their home.
Alternate locations may be suitable such as city property or a public park where improvements are being made with CDBG funds.A sign helps to market the program and create a sense that things are changing for the better in the neighborhood.
E. SPECIAL EVENTS
Special events, such as a ground breaking ceremony for a new water project, a ribbon cutting for a new factory, or special recognition for the first home rehabilitated through your housing rehabilitation project, can be used to let people know what is happening and to generate enthusiasm. Special events, such as a ground breaking ceremony for a new water treatment plant can be used to let people know what is happening and to generate enthusiasm for a community development project.
For example,one community held an open house, complete with hot dogs and soft drinks,to show off the town's new water treatment plan. Local public works staff also conducted guided tours for science classes from local schools to describe how the new plant operated to provide safe drinking water for the community. The students told their families what they had seen and increased community awareness of the project. Another community invited the Governor and members of the Montana Congressional delegation to cut the ribbon for a new manufacturing plant financed with CDBG assistance. The dignitaries were welcomed with a parade down Main Street, complete with the high school marching band. A special event can be a fun way for the whole town to give itself a pat on the back for a major accomplishment. However, they require careful pre-planning beforehand and adequate lead time to make all the necessary arrangements.
The U.S. Conference of Mayors promotes a"National Community Development Week"each April to highlight the CDBG program's contribution to community betterment. Included as sponsors of this annual effort to promote the CDBG program are the National Association of Counties, the National League of Cities, the National Association of Housing and Rehabilitation Officials, the National Community Development Association, and the National Council of State Community Development Agencies.The"Community Development Week"theme can be tied in with a local spring"clean up"or beautification campaign, an effort many communities already schedule each year.
During any special event, local officials can invite the Governor, State legislators, and/or members of Montana's Congressional delegation to cut a ribbon or tour the project. In particular, letting our U.S.
Senators and Representative know what Montana communities are accomplishing with CDBG funds is important to them. One of Montana's senators complained that he rarely ever heard about the good achieved with CDBG funds; instead he only got complaints when a citizen was dissatisfied with some aspect of a local CDBG project. In making the tough decisions they face regarding competing needs in the federal budget,our Congressional delegation needs to know which programs are providing real benefits for their constituents. Letting them know that CDBG funds can make a positive difference is important to all of Montana's communities because of the intense competition for federal funds.
Likewise, for CDBG projects that are co-funded through the Treasure State Endowment Program (TSEP), the Governor and state legislators should also be invited to cut a ribbon or tour the project.
Letting our state Senators and Representatives know what Montana communities are accomplishing with TSEP funds is also important because they want to know about State programs that are providing real benefits for their constituents.
See Exhibit 11-F for sample coverage of a CDBG special event.
Community Development Block Grant Program CDBG/ NSP Administration Manual Montana Department of Commerce October 2013
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F. OTHER PUBLIC INFORMATION TOOLS
1. BROCHURES AND FLYERS
Brochures or one-page fact sheets can be an excellent way to educate and inform people.
Keep the material short and to the point. Housing rehabilitation projects frequently use brochures dropped off at homes to briefly describe the local program guidelines and give a contact for further information. One advantage of brochures is that they can be targeted to specific households or neighborhoods by door-to-door distribution or mail. In a public facility project,for example, a one-page notice could be mailed out with monthly water or sewer bills to let people know that the city will provide free water hook-ups or meters to low and moderate income households. Many computer software programs have"clip art"that can be used to cut and paste graphics or type headings for brochures, flyers, or notices for a local CDBG project.
2. NEWSLETTERS
In recent years, more CDBG applicants have been creating special newsletters to inform local residents about proposed projects before they apply for funding. This is a technique that can also be continued after the project is underway to keep citizens informed about the community's progress on the CDBG project. For example, updates on the project can be sent out with the monthly water or sewer bills to keep residents up to date on the project.
Some public facility projects involve "targeting" of CDBG assistance to low and moderate families by paying for installation of water meters or hook up charges for a new utility or paying special assessments.A special newsletter or mailing can inform every family that this special assistance is available to them and give them a person or telephone number they can contact for more information.
It may also be possible to use other existing newsletters in your community, such as those published by local organizations, churches, schools or the county extension agent to get the word out on the local CDBG project. For example, with a housing and neighborhood revitalization project, continued publicity helps to market your housing program and lets people know that help is available to improve their homes or to purchase a home.
3. POSTERS
Posters have long been a common approach for publicizing local activities, special events, or public meetings. Posters should be neat, attractive, and not so large that they will take up too much space on a bulletin board or a storefront window. Posters should only be displayed for a week or two. If they are posted longer, they tend to be ignored. They are inexpensive and have many options for placement such as town halls, banks, grocery stores, welfare offices, churches, senior centers, libraries, Laundromats - wherever the public might slow enough to read your message. Remember to ask permission before you put them up.
G. DEALING WITH COMPLAINTS
Unfortunately, no discussion of public relations for a CDBG project would be complete without mentioning the grant recipient's responsibility for dealing with complaints. Though local officials are doing their best to improve their community through their CDBG project, human nature seems to guarantee that some citizen, at some time, will probably be dissatisfied with some aspect of the project. In a housing rehabilitation project, a homeowner may have a legitimate dispute with a contractor over the quality of the work done on his or her home. In a public facility project, a taxpayer Community Development Block Grant (CDBG) Program CDBG / NSP Administration Manual Montana Department of Commerce 2011
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may feel that the proposed project is poorly designed or too expensive that the new water or sewer rate is too high, or that construction activities have damaged their property.
The Federal Housing and Community Development Act makes it clear that local citizens have the right to offer their views at any point during the development and implementation of a CDBG project.
Any comment, suggestion, criticism, or complaint made by a citizen should be taken very seriously and deserves a prompt response.
The federal statute that governs the CDBG program and all recipients of CDBG grant funds requires that"a timely written answer to written complaints and grievances" be provided by CDBG grantees"within 15 working days where practicable"(42 U.S.C.§5304(a)(3)(E)).Telephoned or oral complaints also deserve a prompt response. The local government's response to any complaint must be documented.
As a rule of thumb, the more promptly local officials or the project manager can investigate the basis for a complaint and try to offer a reasonable solution, the better. It is human nature for the citizen lodging the complaint to feel that they are being ignored if the community does not respond with at least a telephone call immediately to investigate the situation. The longer the time before they are contacted,the greater the likelihood that their frustration or anger will increase. The fact that Congress took the unusual step of specifying the maximum time (15 working days)for a response suggests that it shares the frustration with communities that are slow to respond to citizen complaints. The usual pattern, if a citizen does not receive a quick and adequate response, is that the next complaint is lodged with MDOC,the Governor,the U.S. Department of Housing and Urban Development (HUD), a state legislator, or a member of Montana's congressional delegation. A complaint at this level can create a lasting negative impression regarding the worth or effectiveness of the CDBG program or the soundness of the State's or the local government's administration of the program.
The normal procedure if a complaint is filed with MDOC, the Governor, HUD, or a member of the congressional delegation, is to refer the complaint to local officials for response. MDOC will not dictate the form or manner of the response to local officials.The Department's staff are available to advise the community regarding any federal or State requirement that may be at question. In most cases, the final resolution of the complaint is the authority and responsibility of the local grant recipient, unless the complaint deals with State or federal CDBG policies or requirements.When the grant recipient has reached a decision as to whether or how the complaint is to be resolved, MDOC will communicate the local government's decision to the agency or office that originally referred it to MDOC for action.
Records of all citizen comments, whether in the form of letters or written notes summarizing telephoned or oral comments, should be placed in the citizen participation file for the project, along with the community's letter of reply or notes indicating how the grant recipient responded to the comment. Federal regulations require that the Project Completion Report prepared by the grantee for project closeout include a summary of each citizen comment regarding the project, along with an assessment of the comment and a description of any action taken in response to the comment. Hopefully, the citizen participation file will be filled with compliments, rather than complaints.
Community Development Block Grant(CDBG) Program CDBG/ NSP Administration Manual Montana Department of Commerce 2011
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CHAPTER 11
EXHIBITS
11-A Montana CDBG Program Summary
11-B Sample Newspaper Coverage of a Local CDBG Project
11-C Sample Format for a News Release
11-D Example of a Project Sign for a CDBG Public Facility Project 11-E Sample Project Sign Formats
11-F Example of Coverage of a CDBG Special Event
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EXHIBIT 11-D
EXAMPLES OF PROJECT SIGNS
FOR A CDBG PUBLIC FACILITY PROJECT
CITY OF HARLEM
WATER STORAGE TANK PROJECT
CONTRACTOR: Planned&Engineered Construction, Inc.-Helena ENGINEER: MSE-HKM Engineering, Inc.-Billings
FUNDING: Montana Department of Commerce Programs
Community Development Block Grant $170,795
Treasure State Endowment Program $217,300
U.S. Economic Development Adm. Program $188,905
Western Bank-Chinook $141,000
City of Harlem-CDBG Program Income $ 28,000
BUILDING FOR THE FUTURE
PJ ARMIGAN RESIDENCES
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- bank
I MI�.Iu
n�,laea Reps rmerr D camm irc rry►rF Nrn Fam Clrr aF HELENA CEVELOPER Rock y IA>l:,rain Cer 4pmenf Co—cO.Inc.
PMIAL IHFORRAATION rMIACr .
TAMARACK PROPERTY MANAGEMENT 406-449-7511
The Montana Department of Commerce (MDOC) strongly encourages communities to use signs to publicize the project and the sources of funding.
More publicity regarding the project helps local citizens feel involved in the project. A well done project sign can help generate enthusiasm about your project and give people the feeling that things are happening in the community or neighborhood.
Community Development Block Grant(CDBG) Program CDBG/NSP Administration Manual p�lgryYt�,6l,Rp tment of Commerce C�1-D.1 Page 3W' 3�1d
EXHIBIT 11-D
EXAMPLES OF PROJECT SIGNS
FOR A CDBG PUBLIC FACILITY PROJECT
CITY OF HARLEM
WATER STORAGE TANK PROJECT
CONTRACTOR: Planned&Engineered Construction, Inc.-Helena ENGINEER: MSE-HKM Engineering, Inc.-Billings
FUNDING: Montana Department of Commerce Programs
Community Development Block Grant $170,795
Treasure State Endowment Program $217,300
U.S. Economic Development Adm. Program $188,905
Western Bank-Chinook $141,000
City of Harlem-CDBG Program Income $ 28,000
BUILDING FOR THE FUTURE
PJ ARMIGAN RESIDENCES
:1ffurd'ihit.Onk 13edror-1 :kfu [nec ii[s I :�
__ Al1Rl W!TH rM FOLLOV4 n pAFT1.NEF&
- bank
I MI�.Iu
n�,laea Reps rmerr D camm irc rry►rF Nrn Fam Clrr aF HELENA CEVELOPER Rock y IA>l:,rain Cer 4pmenf Co—cO.Inc.
PMIAL IHFORRAATION rMIACr .
TAMARACK PROPERTY MANAGEMENT 406-449-7511
The Montana Department of Commerce (MDOC) strongly encourages communities to use signs to publicize the project and the sources of funding.
More publicity regarding the project helps local citizens feel involved in the project. A well done project sign can help generate enthusiasm about your project and give people the feeling that things are happening in the community or neighborhood.
Community Development Block Grant(CDBG) Program CDBG/NSP Administration Manual p�lgryYt�,6l,Rp tment of Commerce C�1-D.1 Page 3 0 %3�1d
EXHIBIT 11-E
SAMPLE PROJECT SIGN FORMATS
The standard elements included in project signs for public facilities or economic development projects, where there may be one or two major construction sites or buildings involved, are shown in the example below:
TOWN OF SUNRISE, MONTANA
EAST SIDE WATER PROJECT
Joan Driscoll, Mayor
CONTRACTOR: XYZ Construction, Inc., Billings
ENGINEER: Clearwater and Associates, Great Falls
FUNDING: Montana Department of Commerce
Community Development Block Grant $350,000
U.S.D.A./Rural Development $250,000
Town of Sunrise $100,000
Working Together to Build a Better Montana Here in Sunrise! In a housing and neighborhood revitalization project, the project area will usually cover an entire neighborhood. In these cases, a single project sign may not be appropriate. The City of Havre's East End housing rehabilitation project places signs on the lawns of homes being rehabilitated throughout the CDBG project. An example of the Havre project signs, with black block letters on a white background, read:
A REHAB PROJECT
OF THE HAVRE
HOUSING PROGRAM
265-9226
12t
Included at the bottom of the Havre sign was the HUD fair housing logo and the telephone number for the rehabilitation program office. The sign helps to market the program and create a sense that things are changing for the better in the neighborhood.
Community Development Block Grant (CDBG) Program CDBG / NSP Administration Manual Montana Department of Commerce 11-E.1 October 2013 12/13/2022 C8 Page 358 of 388
July 2022
List of Vista Elected Officials
Mayor Judy Ritter
Deputy Mayor John B. Franklin, District 4
Council Member Corinna Contreras, District 1
Council Member Joe Green, District 2
Council Member Katie Melendez, District 3
12/13/2022 C8 Page 359 of 388
City of Vista
Pedestrian Mobility Sidewalk Project
Construction Schedule:
(PJ December 2022 to March 2023
00*0
CITY OF VISTA A L , F u n N , Vista City Council Mayor Judy Ritter
o Deputy Mayor John B. Franklin, District 4
�v Council Member Corinna Contreras, District 1 Council Member Joe Green, District 2
Council Member Katie Melendez, District 3
- ?r
1 � so Project financed by:
The United States Department of
MENToyO Housing and Urban Development
Community Development Block Grant
i
Q � Working Together to Build a Better Community!
'ge'gN D E��vo
Appendix J:
City of Vista Encroachment Permit Application
189
12/13/2022 C8 Page 361 of 388
ENCROACHMENT PERMIT APPLICATION FORM
NOT R FOR UTILITIES ENGINEERING DEPARTMENT
CITY OF VISTA
COVE 200 CIVIC CENTER DR.
C A L I F 0 R H I A IN RIGHT-OF-WAY VISTA, CA 92084 (760) 639-6111
Please print required information
JOB AND OR DRAWING NUMBER: ISSUED BY: DATE:
JOB SITE ADDRESS OR DESCRIPTION: PERMIT#: PERMIT EXPIRATION DATE:
AssEssoR's PARCEL NUMBER(APN): 48 HOUR NOTICE REQUIRED FORINSPECTION AND PRIOR TO START OF WORK CALL (760) 639-6113
CONTRACTOR:
YOU MUST CALL UNDERGROUND SERVICE ALERT AT
CONTRACTOR'S MAILING ADDRESS: (1-800-422-4133) (2)WORKING DAYS PRIOR TO WORK
UNDERGROUND SERVICE ALERT NO.
CITY ZIP THIS PERMIT IS INVALID WITHOUT THIS NUMBER EMAIL ADDRESS:
A CASH SECURITY is required for trench excavation or any work not PHONE#: FAX#: covered by construction bonds. CASH SECURITY shall be a minimum of$500 or equal to the cost of the proposed improvements within the STATE LICENSE NUMBER BUSINESS LICENSE NUMBER City's right-of-way. CASH SECURITY may be returned as follows. For deposit amounts greater than$500,ninety percent(90%)of the CASH SECURITY may be returned upon completion and approval of the DESCRIPTION OF WORK: improvements by the City Engineer or his designee. The remaining ten percent(10%)or a minimum of$500 will be retained for a period of(1) year after the date that the work is completed. CASH SECURITY will be forfeited and used to correct defects,unacceptable work,trench failures or subsidence if corrective work is not completed within(5)working days after notification.
JOB SITE CONTACT: I agree to save,keep and hold harmless the CITY OF VISTA,its officers and agents,from all damages,costs,or expenses in law or CELL PHONE# equity that may at any time arise or be set up because of damages START to property,or of personal injury received by reason of or in the course of performing work,which may be caused by any willful or DATE omission by the contractor,or any of the contractor's employees, ESTIMATED or any sub-contractor.The CITY OF VISTA will not be liable for any COMPLETION DATE accident,loss or damage to the work prior to its completion and THE FOLLOWING MUST BE INCLUDED OR EMAILED acceptance.
WITH PERMIT APPLICATION:
I am aware of the provisions of Section 3700 of the Labor Code TRAFFIC CONTROL PLANS(1 COPY) which requires every employer to be insured against liability,for SITE PLAN/VICINITY MAP(1 COPY) workman's compensation or to undertake self-insurance in CONSTRUCTION PLANS(1 COPY) accordance with the provisions of said Labor Code and I will LIABILITY INSURANCE(1 COPY) comply with such provisions before commencing the performance of the work of this contract.
WORKMAN'S COMP INSURANCE(1 COPY)
CITY OF VISTA BUSINESS LICENSE(1 COPY) I hereby acknowledge that I have read this application and certify CALOSHA PERMIT(1 COPY) that the information given is correct.I agree to comply with all applicable city ordinances,state laws and with the requirements of PLEASE SEND EMAIL SUBMISSIONS TO BOTH OF THE this permit.
FOLLOWING CONTACTS:
mhodge(@cityofvista.com SIGNATURE
rbrenzeI6c�cityofvista.com PRINT NAME
DATE
NOTICE: THIS IS NOT AN ENCROACHMENT PERMIT-CONTRACTOR MUST SIGN ACTUAL PERMIT IN PERSPERSON12/13/2022 C8 Page 362iQfD389-29-18
CITY OF VISTA CITY OF VISTA
C A L , F 0 , , Requirements for Encroachment Permits
1. Must have State Contractor's License.
2. Required License Types: For trenching, only A, C-34, C-36 & C42 allowed Additional License Types may be allowed for Surface Improvements
3. State of California Occupational Safety and Health Permit(CALOSHA).
4. Must submit applicable Underground Service Alert Number, if applicable.
5. Must have valid City of Vista Business License.
6. Must have Workers Compensation Insurance with the City of Vista as Certificate Holder.
7. Must have Liability Insurance with the City of Vista listed as the Certificate Holder and as Additional Insured.
If working in a street or easement,liability amount must be at least$1,000,000.00 For surface improvements- sidewalks or driveways amount must be $500,000.00
8. Must have $1,000,000.00 of pollution liability insurance if doing any work on or within public sewer manholes or public sewer mains.
PLEASE NOTE
Additional Insured Endorsements must be included
as attachments to the Certificate of Liability Insurance ***** Endorsements must cover Onyin2 and Completed Operations *****
8. Permit Fee & Required Cash Trust Deposit: Minimum cost of permit is $1,437.00 plus a minimum cash trust deposit of$500.00 or an amount equal to the cost of the improvements being done within the City's right-of-way. Minimum permit fee covers 3 hours of inspection time and 30 minutes for preconstruction meetings. Additional fees will be due if more than 3 hours of inspection time is required.
Trust Deposit may be returned as follows.
Ninety percent (90%) of Cash Deposit may be returned upon completion and approval of the improvements by the City Engineer or his designee.
The remaining ten percent (10%) or a minimum of$500.00 will be held for a period of one year after the completion and final approval of the work and may be returned if the funds are not required to correct improvement defects, unacceptable surface work and trench failure or subsidence which is not corrected within (5) working days after notification.
APPROVABLE TRAFFIC CONTROL PLANS MUST TO BE SUBMITTED WITH PERMIT APPLICATION. ISSUANCE OF PERMIT MAY BE DELAYED IF NOT SUBMITTED.
TRAFFIC CONTROL PLANS MUST MEET ALL REQUIREMENTS MANDATED WITHIN THE CALIFORNIA MANUAL ON TRAFFIC CONTROL DEVICES.
Version Date 06-29-18
200 Civic Center Drive • Vista,CA 92084 • Ph 760-639-6111 • Fax 760-639-6112 12/13/2022 C8 Page 363 of 388
•
CITY OF VISTA - Notice
The following General Conditions shall be considered a part of the City of Vista Encroachment Permit
General
1. Telephone Engineering Inspection at 760-639-6113, 48 hours prior to any work in the City right-of-way.
2. The Encroachment Permit shall be kept on the worksite during all ongoing work with a traffic control plan clearly showing all affected streets and sidewalks and how vehicular and pedestrian traffic is being handled in accordance with standards approved by the City.
3. The traffic control plan must be prepared by either a California licensed Traffic Control Services Consultant (C31 Contractor's License— Construction Zone Traffic Control Contractor), or be a California registered Traffic or Civil Engineer.
4. The traffic control plan must be in accordance with the latest edition of the California MUTCD or the San Diego Regional Standard Drawings.
5. Traffic control shall be set and maintained per the City approved traffic control plan. Barricades shall be Type II Flashing, with reflectorized delineators and signs, if required for night operations.
Minimum lane width is 11 feet.
6. Flagmen shall have a safety vest with a Stop paddle.
7. No street shall be closed without the approval of the Traffic Engineer pursuant to a City approved traffic control plan.
8. Pedestrian walkway shall be left open or detoured using a minimum four-foot wide safe passage way pursuant to a City approved traffic control plan.
9. Normal working hours are 7:00 a.m. — 5:00 p.m., Monday through Friday unless indicated otherwise on the City approved traffic control plan.
10. Work in the public right-of-way shall be Monday through Friday only. No work is allowed on Saturday, Sunday or City Holidays without prior City approval.
11. Upon permit expiration, all work ceases until a new permit application is submitted and approved.
Existing permit time extensions requests must be submitted prior to expiration date of permit.
12. No construction vehicles shall be parked upon public sidewalks. VCC 10.24.040.
13. Prior to obstructing the ingress/egress of any residential, commercial or industrial site, permittee is required to give property owner and the City 24 hour notice, whenever the permitee's operations hinders vehicular or pedestrian traffic, whether public or private. The permitee shall construct and maintain such structures as required to provide safe ingress/egress through a construction site. All public and private access restrictions must be clearly shown on the traffic control plan submitted by the contractor for City review and approval.
14. It is the permitee's responsibility to protect against any dirt or debris from being deposited within the City storm drain system.
15. The permittee is required to immediately comply with all directives issued by the City Inspector to eliminate dust, mud or other site nuisance. 200 Civic Center Drive *Vista,CA 92084*760-639-6111 *Fax 760-639-6112 Ver 01-03-19
12/13/2022 C8 Page 364 of 388
•
CITY OF VISTA - Notice
The following Materials and Standards shall be considered a part of the City of Vista Encroachment Permit
Materials and Standards
1. The permittee is responsible to perform all work and conduct operations per City approved editions of the SSPWC, SDRSD, CITY STDS, CODES, this PERMIT, and all other applicable requirements.
2. No trenches shall be left open overnight. Trenches shall either be plated with temporary AC seal, or backfilled, and have a minimum of 1'/2" of compacted temporary AC Cold Mix placed.
3. Sidewalk, driveways, wheelchair ramps shall be sawcut to an even line and be removed joint to joint.
4. Curb and gutter and cross gutter shall be removed as directed by the City Inspector.
Concrete removal will require a 1' asphalt sawcut and repave.
5. Permanent asphalt placement shall be per City of Vista Std. Dwg. SRF-08A & 08B. Cold Planing for Final Cap required for all trenches.
6. All damaged roadway striping shall be replaced in kind.
7. All concrete placed shall be transit mix, unless waived by the City Inspector.
8. Two sack slurry backfill is required when tunneling under curb and gutter.
9. All subgrade (12" depth) and basegrade material shall be compacted to 95 percent density.
Sidewalk sub/base material shall be compacted to 90 percent density. Certification, including compaction testing, shall be provided by the Permitee unless waived by the City Inspector.
10. No excavated material shall be hauled to a site within the City of Vista, without City Inspector knowledge of the end haul location, and the appropriate permits.
11. Any continuous hauling operation will require a City approved Haul Route Permit, prior to commencing the haul. Hauling of dirt/rock etc. without this permit may subject this haul to an immediate Stop Work Notice.
12. Approved City materials for construction include:
a. Asphalt: Surface course- '/2" Med. C2-AR-4000-RAP, Min. .10 thick Base course-1/4" Med. B-AR-4000-RAP
Berm — D2-AR-8000
[Performance Grade (PG) asphalt binder PG 64-10 may be substituted for AR-4000 asphalt binder]
b. Concrete for structures—6/sack 3250 PSA min.
C. Concrete for curb and gutters, sidewalks, driveways — 520-C-2500 min. d. Base material for wheelchair ramps — 6" Class I I/Caltrans 26-1.02B e. Street base material — Class II
f. Sidewalk base material —6" Class II
g. Curing compound on all concrete—Type I SSPWC 303-5.6 All standards are considered minimum and may be revised by the City depending upon field considerations, standards and materials approved on a signed City plan, supercede above materials and standards. It is the permittee's responsibility to understand and implement all Standards, Codes and other applicable requirements. 200 Civic Center Drive *Vista,CA 92084*760-639-6111 *Fax 760-639-6112 Ver 01-03-19
12/13/2022 C8 Page 365 of 388
Appendix K:
EDCO Trash Schedule, VUSD Schedule, NCTD
Route Map
190
12/13/2022 C8 Page 366 of 388
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Waste&Recycling Services
12/13/2022 C8 Page 367 of 388
V City of vista v English About EDCO � News&Events Contact Us C. (760)727-1600 C} Start or Stop Service $ Pay My Bill E=-13MC3 Ho rne Residential Serviow Commerdal Services Service Schedules, Publir Facilities Resourm Center Holiday Schedule Example
Holidays which fail on Saturday DO NOT delay waste removal services for Holidays which fall on Sunday WILL delay waste removal services for the the remainderof the week- remainder of the week-
NEXT NEXT NEXT NE]CT NEXT
DAY y DAY DAY r 7 DAY DAY
Thursday FridaV
Holidays that Holiday service is 7Y. gular If regular service If regular service occur on Monday moved to the next service day occurs day is Thursday,it day is Friday,it will delay service day if performed before a holiday, will be moved to will be moved to for the remainder on or following a your service day Friday following Saturday following of the week- holiday- remains the same- the holiday- the holiday- Holiday Schedule
New Year's Day Saturday,January 1,2022 Due to the holiday calling on a Saturday this year,there will be NO DELAY Memorial Day Monday,May 30,2022 One-Day Delay All Week Independence Day Monday,July 4,2022 One-Day Delay All Week La bar Day Monday,September 5,2022 One-Day Delay All Week Thanksgiving Day Thursday,November 24,2O22 One-Day Delay for Thursday&Friday OusromersOnly Christmas Day Sunday,December 25,2022 Due to the holiday calling on a Sunday this year,there will be NO DELAY.
New Year's Day Sunday,January 1,2023 Due to the holiday failing on a Sunday this year,there will be NO DELAY 12/13/2022 C8 Page 368 of 388
Key: Bold—Non-Student Day VISTA UNIFIED SCHOOL DISTRICT *- Minimum Day 2022-2023 School Calendar Board Approved:5/5/2021 Board Approved Revision: 5/5/2022
School M T W T F Student Teacher Key Dates/Explanations Month Days Days
July 1
4 5 6 7 8 Jul.4-Independence Day(Legal Holiday) 1 11 12 13 14 15
1 18 19 20 21 22
25 26 27 28 29
August 1 2 3 4 5 Aug. 11 -District Professional Development Day(Non-Student Day) 8 9 10 11 12 Aug. 12-District Professional Development Day(Non-Student Day) *15* *16* 17 18 19 Aug. 15-Teacher Preparation Day(Non-Student Day) 22 23 24 25 26 Aug. 16-Site Professional Development Day(Non-Student Day) 29 30 31 11 15 Aug. 17-First Day of School September 1 2
5 6 7 8 9 Sept.5-Labor Day(Legal Holiday) 1 12 13 14* 15 16 Sept. 14-K-8 Staff Development Day(Minimum Day) 1 19 20 21 22 23
26 27 28 29 30 21 21
October 3 4 5 6 7
10 11 12 13* 14* Oct. 13&14-MVHS Finals (Minimum Days) 1 17 18 19 20 21
1 24 25 26 27 28
31 21 21
November 1 2 3 4 Nov. 11 -Veteran's Day(Legal Holiday) 7 8 9 10 11 Nov. 15-18-K-5 Parent Teacher Conf. (Minimum Days) 1 14 15* 16* 17* 18* Nov. 16&17-6-8 Parent Teacher Conf. (Minimum Day) 21 22 23 24 25 Nov.21-25-K-12 Non-Student Days 28 29 30 16 16 Nov.24-Thanksgiving Holiday(Legal Holiday) December 1 2 Dec. 19-21 -RBVHS&VHS Finals (Minimum Days) 5 6 7 8 9 Dec.20&21 -MVHS Finals (Minimum Days) 1 12 13 14 15 16 Dec.22-31 -Winter Recess(School Resumes Jan.11) 19* 20* 21* 22 23 Dec.26-Christmas Day Observed (Legal Holiday) 26 27 28 29 30 15 15
January 2 3 4 5 6 Jan. 1-9-Winter Recess(School Resumes Jan. 11) Jan.2-New Year's Day Observed (Legal Holiday)
1 9 10 11 12 13 Jan. 9-HS Professional Development Day(Non-Student Day) 16 17 18 19 20 Jan. 9-K-8 Non-Student Day/Non-Staff Day 23 24 25 26 27 Jan. 10-District Professional Development Day(Non-Student Day) 30 31 14 16 Jan. 16-M.L. King Birthday(Legal Holiday) February 1 2 3
6 7 8 9 10 Feb. 17-Observed Lincoln's Birthday(Legal Holiday) 13 14 15 16 17 Feb.20-President's Day(Legal Holiday) 20 21 22 23 24 Feb.21 -Non-Student Day/Non-Staff Day 27 28 17 17
March 1* 2 3 Mar. 1 -K-8 Staff Development Day(Minimum Day) 1 6 7 8 9 10 Mar. 15&16-6-8 Parent/Teacher Conf. (Minimum Day) 1 13 14 15* 16* 17 Mar.23&24-MVHS Finals (Minimum Day) 20 21 22 23* 24* Mar.27-31 -Spring Break 27 28 29 30 31 18 18
April 1 3 4 5 6 7
1 10 11 12 13 14
1 17 18 19 20 21
24 25 26 27 28 20 20
May 1 2 3 4 5
8 9 10 11 12 May 29-Memorial Day(Legal Holiday) 1 15 16 17 18 19
1 22 23 24 25 26
29 30 31 22 22
June 1 2 Jun. 5-7-RBV/VHS Finals(Minimum Days) 5* 6* 7* 8 9 Jun.6&7-MVHS Finals(Minimum Days) 12 13 14 15 16 Jun.7-Last Day of School(Minimum Day-All) 19 20 21 22 23 Jun. 19-Juneteenth Observed (Legal Holiday) 26 27 28 29 30 5 1 5
180 STUDENT DAYS
12/13/2022 C8 Page 369 of 388
Key: Bold—Non-Student Day VISTA UNIFIED SCHOOL DISTRICT Board Approved: 5/6/2021 *- Minimum Day 2023-2024 School Calendar Board Approved Revision: 5/5/2022 School Student Teacher
Month M T W T F Days Days Key Dates/Explanations
July 3 4 5 6 7
10 11 12 13 14 1 July 4-Independence Day(Legal Holiday) 17 18 19 20 21
24 25 26 27 28
31 August 1 2 3 4 Aug. 10-District Professional Development Day(Non-Student Day) 7 8 9 10 11 1 Aug. 11 -District Professional Development Day(Non-Student Day) 14 15 16 17 18 1 Aug. 14-Teacher Preparation Day(Non-Student Day) 21 22 23 24 25 Aug. 15-Site Professional Development Day(Non-Student Day) 28 29 30 31 12 16 Aug. 16-First Day of School September 1
4 5 6 7 8 Sept.4-Labor Day(Legal Holiday) 11 12 13* 14 15 Sept. 13-K-8 Staff Development Day(Minimum Day) 18 19 20 21 22
25 26 27 28 29 20 20
October 2 3 4 5 6
9 10 11 12 13 Oct. 19&20-MVHS Finals(Minimum Days) 16 17 18 19* 20*
23 24 25 26 27
30 31 22 22
November 1 2 3 Nov. 10-Veteran's Day(Observed Legal Holiday) 6 7 8 9 10 Nov. 14-17-K-5 Parent Teacher Conf. (Minimum Days) 13 14* 15* 16* 17* Nov. 15&16-6-8 Parent Teacher Conf. (Minimum Day) 20 21 22 23 24 Nov.20-24-K-12 Non-Student Days 27 28 29 30 16 16 Nov.23-Thanksgiving Holiday(Legal Holiday) December 1 Dec. 18-20-RBVHS&VHS Finals(Minimum Days) 4 5 6 7 8 Dec. 19&20-MVHS Finals (Minimum Days) 11 12 13 14 15 Dec.21-31 -Winter Recess(School Resumes Jan.10) 18* 19* 20* 21 22 Dec.25-Christmas Day Observed (Legal Holiday) 25 26 27 28 29 14 14
January 1 2 3 4 5 Jan. 1 -New Year's Day Observed (Legal Holiday) 8 9 10 11 12 1 Jan. 1 -Winter Recess(School Resumes Jan.10) 15 16 17 18 19 Jan.8-HS Professional Development Day(Non-Student Day) 22 23 24 25 26 Jan.8-K-8 Non-Student Day/Non-Staff Day 29 30 31 Jan.9-District Professional Development Day(Non-Student Day) 15 17 Jan. 15-M.L. King Birthday(Legal Holiday) February 1 2
5 6 7 8 9 Feb. 16-Observed Lincoln's Birthday(Legal Holiday) 12 13 14 15 16 Feb. 19-President's Day(Legal Holiday) 19 20 21 22 23 Feb.20-Non-Student Day/Non-Staff Day 26 27 28* 29 18 18 Feb.28-K-8 Staff Development Day(Minimum Day) March 1
4 5 6 7 8 Mar. 13&14-6-8 Parent/Teacher Conf. (Minimum Day) 11 12 13* 14* 15* Mar. 14&15-MVHS Finals (Minimum Day) 18 19 20 21 22
25 26 27 28 29 21 21
April 1 2 3 4 5
8 9 10 11 12 Apr. 1-5-Spring Break 15 16 17 18 19
22 23 24 25 26
29 30 17 17
May 1 2 3
6 7 8 9 10 May 27-Memorial Day(Legal Holiday) 13 14 15 16 17
20 21 22 23 24
27 28 29 30 31 22 22
June 3* 4* 5* 6 7 Jun.3-5 RBV/VHS Finals(Minimum Days) 10 11 12 13 14 1 Jun.4&5-MVHS Finals (Minimum Days) 17 18 19 20 21 June 5-Last Day of School(Minimum Day-All) 24 25 26 27 28 3 3 Jun. 19-Juneteenth Observed(Legal Holiday) 180 STUDENT DAYS
12/13/2022 C8 Page 370 of 388
Kerr: Bold— Non-Student Day VISTA UNIFIED SCHOOL DISTRICT *- Minimum Day 2024-2025.School Calendar Board Apprvved 121 14/2D21 School M T W I T F Student Teacher Key DakeslExplanations Month Days Days
July 1 2 3 4 5
S 9 10 11 12 July 4: Independence Day(Legal Holiday) 15 16 17 Is 19
22 23 24 25 26
29 30 31
August 1 2
5 6 7 8 9 Aug- 13:Teacher Preparalion day(Novi-Student Day) 12 13 14 15 16 Aug- 14:Site Professional Development Day (Non-Student Day) 19 20 21 22 23 Aug. 15: First Day of school 26 27 28 29 30 12 14
September 2 3 4 5 6
9 10 W 12 13 Sepl.2: Labor Day (Legal Holiday) 16 17 18 19 20 Sepl. 11: K-8 SlafFDevelopment Day(Mnlmum Day) 23 24 25 26 27
30 20 20
October 1 2 3 4
7 8 9 10 11 Oct. 17&1S: MVHS Finals (Minimum Days) 14 15 16 17* 18*
21 22 23 24 25
28 29 30 31 23 23
November 1 Nov. 12-15: K-5 Pareni Teacher Conf. (Wnlmum Days) 4 5 6 7 8 Nov. 13&14:6-8ParentTeacher Cont (Minimum Day) 11 12* 13* 14* 15* Nov. 11:Veteran's Day(Observed Legal Holiday) 18 19 20 21 22 Nov.25-29: K-12 Non-Sludent Days 25 26 27 28 29 15 15 Nov.28:Thanksgiving Holiday (LegalHolyday) December 2 3 4 5 6 Dec- 15-20: RBVHS &VHS Finals (Minimum Days) 9 10 11 12 13 Dec- 19&20: MVHS Finals (&Pnlmum Days) 16 17 1s 19 20 Dec-23-31:Winter Recess (School Resumes Jan.B) 23 24 25 26 27 Dec-25:Chrisimas Day Observed (Legal Holiday) 30 31 — — — 15 15
January 1 2 3 Jan. 1:New Years Day Observed (Legal Holiday) 6 7 8 9 10 Jan. 1 -6:Winter Recess{School Resumes Jan-&) 13 14 15 16 17 Jan.7: HS Professional Development Day (Non-StadentDay) 20 21 22 23 24 Jan.7: K-&Nan-Sludent Dayihon Staff Day 27 28 29 30 31 17 1s Jan.20:M.L. Icing Birthday(Legal Holiday) February 3 4 5 6 7
10 11 12 13 14 Feb. 14: Dbserved Lincoln:s Birlhday (Legal Holiday) 17 18 19 20 21 Feb. 17: President's Day(Legal Holiday) 24 25 26* 27 28 18 1$ Feb.26: K-8 Slaff Development Day(Minimum Day) March 3 4 5 6 7
10 11 12* 13* 14* March 12&13:6-8 P arent5each er Conf. (Minimum Day) 17 18 19 20 21 March 13&14: MVHS Finals(Wnlmum Day) 24 25 26 27 28 March 31:Spring Break 31 20 20
April 1 2 3 4
7 8 9 10 11 April 1-4: Spring Break 14 15 16 17 1B
21 22 23 24 25
28 29 30 f8 1s
May 1 2
5 6 7 8 9 May 26:Memorial Day (Legal Holiday)
12 13 14 15
19 20 21 22 --
26 27 28 29 21 21
June 2 3 4 5 o June 3&4: MVHS Finals (Minimum Days) 9 10 11 12 13 June2-4: RBViVHS Finals (Minimum Days) 16 17 18 19 20 June 4: Last Day of School IMinirnurn Day -A I:
23 24 25 26 27
30 3 3
132 STUDENT DAYS
12/13/2022 C8 Page 371 of 388
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Appendix L:
Highland Drive Layout Drawings
191
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 1 yjillow 'a
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 2 r
1 1
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SIDEWALK SEGMENT 2
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 4 + , i
SIDEWALK SEGMENT 4
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 5 • �y , w
7 A
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PEDESTRIAN CURB RAMP
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 6 20 si:p C
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 7 A .
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 8 4 i
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MARYLAND SIDEWALK POPOUT DETAIL
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1120 HIGHLAND DRIVE DRIVEWAY
HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 10 i
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1120 HIGHLAND DRIVE DRIVEWAY (EAST)
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 11 cfs M
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1154 HIGHLAND DRIVE DRIVEWAY
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HIGHLAND DRIVE SIDEWALK PROJECT, CIP No. 8290 Sheet 12 �\
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R
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1162 HIGHLAND DRIVE DRIVEWAY
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HIGHLAND DRIVE SIDEWALK PROJECT, . •• Sheet 13 _-
__
i1Fd E�. J.
• DRIVE
5'SIDEWALK TYP.
RNOUS CONCRETE, MINIMUM 6'THICKNESS.
6'MONOLITHIC CURB AS NEED E SEE SITE PLAN FOR WIDTH E PROVIDEICONTINUOUSDEWALK PSMOOTH SURFACE. ELEVATION,EXISTING GRADE VARIES, MAX 2:1 SLOPE --6•— NOT REQUIRED AT DRIVEWAYS R CURB RETURNS _ IS17NG OR REPLACED 6'CURB
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STING STREET PAVEMENT
4'THICK PCC SIDEWALK TP. ° ° ° .° 0OoO rEXI <. :e. e 1/
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CLASS 11 AGGREGATE BASE TYP.
6 CLASS 11 AGGREGATE BASE TYP. MIRAFI 140 N FILTER FABRIC BLANKET �• TYPICAL SIDEWALK SEC710N
HIGHLAND DRIVE
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