cc 2023 AR 03/28 senior center facility improvement contract award — Vista City Council, March 28, 2023 (part 2 of 2)

Appendix B
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(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f rom the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and f ringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.

3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A. 3.(i) available for inspection, copying, or t ranscription by authorized
representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. I fthe contractor or subcontractor fails to submit the required records orto make them available, HUD or i is designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.
(1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona f ide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or i f a person is employed in his or her f i rst 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency ( where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker I isted on a payroll at an apprentice wage rate, who
Previous editions are obsolete
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which i is program is registered, the ratios and wage rates (expressed in percentages of the
journeyman' s hourly rate) specified in the contractor' s or subcontractor' s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice' s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid f ringe benefits in accordance with the
provisions of the apprenticeship program. I f the
apprenticeship program does not specify f ringe benefits, apprentices must be paid the full amount of f ringe benefits I isted on the wage determination for the applicable
classification. If the Administrator determines that adifferent practice prevails for the applicable apprentice classification, f ringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16,
t rainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ' , to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of t
rainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every t rainee must be paid at not less than the rate specified in the approved program for the trainee' s level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid f ringe benefits in accordance with the provisions of the t rainee program. I f the t rainee program does not mention fringe benefits, trainees shall be paid the full amount of f ringe benefits I isted on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full f ringe benefits for apprentices. Any employee I isted on the payroll at a t rainee rate who is not registered and participating in a training plan approved by
form HUD4010 (06/2009)

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Appendix B
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the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any t rainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

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

6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or i is designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, 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 t ier subcontractor with all the contract clauses in this paragraph.

7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5. 5 may be grounds for termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR

5.12. 8. Compliance with Davis -Bacon and Related Act Requirements.

All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.

Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of i is subcontractors) and HUD or i is designee, the U. S.

Department of Labor, or the employees or their
representatives.

10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither i t ( nor he or she) nor any person or f i rm who has an interest in the contractor' s f i rm is a person or f i rm ineligible to be awarded Government contracts by virtue of Section 3 (a) of the Davis -Bacon Act or 29 CFR 5. 12 (a)(1 ) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or f i rm ineligible for award of a Government contract by virtue of Section 3 (a) of the Davis -Bacon Act or 29 CFR

5. 12( a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 .
(iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U.

S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "W hoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be f ined not more than $5, 000 or imprisoned not more than two
years, or both."

11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; I iquidated
damages. In the event of any violation of the clause set forth in subparagraph (1 ) of this paragraph, the contractor and any subcontractor responsible therefor shall be I iable for the unpaid wages. In addition, such contractor and subcontractor shall be I iable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph ( 1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph ( 1) of this paragraph.

Previous editions are obsolete form HUD-4010 (06/2009)

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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.

Previous editions are obsolete form HUD-4010 (06/2009)

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Appendix B
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Appendix C:

Federal Requirements and Special Provisions
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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

ITEMS THAT MUST BE COMPLETED AND SUBMITTED FOR DURATION OF PROJECT 4 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

OTHER FEDERAL REQUIREMENTS
13 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
Davis -Bacon Labor Standards
W.*
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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
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SECTION 3 ESTIMATED WORK FORCE BREAKDOWN
Company Name:

Address:

Project Title:

MUST BE COMPLETED BY PRIME AND SUBCONTRACTORS
Primary Contact:

Contact Phone Number:

Employment and Training
Job Category
TOTAL

ESTIMATED

POSITIONS

NEED FOR

PROJECT
TOTAL

POSITIONS

OCCUPIED BY

PERMANENT

EMPLOYEES

NUMBER OF

POSITIONS NOT

OCCUPIED
I

NUMBER OF

POSITIONS TO BE

FILLED WITH
SECTION 3
I RESIDENTS*
Administrative Staff:

Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by'
(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.
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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.
03/28/2023 d6 146 of 283

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.
03/28/2023 C96 147 of 283

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.
03/28/2023 & 148 of 283

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. 1a. Project Name
2a. Employee Name
1 b. 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 class itication(s) (list all) --- continue on a separate sheet it 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
I 12b. Date

13. Duties observed by the Interviewer (Please be specific.)

14. Remarks
15a. Interviewer name (please print)
Payroll Examination

16. Remarks
15b. Signature of Interviewer
15c. Date of interview
17a. Signature of Payroll Examiner 17b. Date
Previous editions are obsolete Form HUD-11 (08/2004)
03/28/2023 8� 149 of 283

Record of Employee Interview U.S. Department of Housing OMB Approval No. 2501-0009 and Urban Development (exp. 10/31/2010)
Instructions Office of Labor Relations
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 la - 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. 03/28/2023
Form HUD-11 (08/2004)
150 of 283

SECTION 3 WORK FORCE BREAKDOWN
**To be completed by Contractor at the completion of project** Company Name:

Address:

Project Title:

Primary Contact:

Contact Phone Number:

Employment and Training
Job Category
TOTAL

ESTIMATED

POSITIONS

NEED FOR

PROJECT
TOTAL

POSITIONS

OCCUPIED BY

PERMANENT

EMPLOYEES

NUMBER OF

POSITIONS NOT

OCCUPIED

NUMBER OF

POSITIONS TO BE

FILLED WITH
SECTION 3
RESIDENTS*
Administrative Staff:

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.
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EMPLOYEE RIGHTS

UNDER THE DAVIS-BACON ACT
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.

DERECHOS DEL EMPLEADO

BAJO LA LEY DAVIS-BACON
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 qua 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 an 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.

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. 03/28/2023 GAG 155 of 283

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 groarams 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
SIZE
80% of AMI*
Low Income
50% of AMI*
Very Low Income
30% of AMI*
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
03/28/2023 & 156 of 283

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
accounting
payroll
research
bookkeeping
purchasing
word processing
Services
appliance repair
florists
marketing
carpet installation
janitorial
photography
catering
landscaping
printing
computer/information
manufacturing
transportation
Construction
architecture
bricklaying
carpentry
cement/masonry
demolition drywall
electrical elevator
construction
engineering fencing
heating
iron works
machine
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. 03/28/2023 d 157 of 283

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 Reaistrv?
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
03/28/2023 & 158 of 283

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
03/28/2023 8� 159 of 283

L HIM e
9egN DEV EVO
U.S. Department of Housing
and Urban Development
Labor Relations Desk Guide
LR01.DG
00"p no- Ir-W IS -BACON

LABOR STANDARDS
January 2012
Previous versions obsolete
03/28/2023

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 , gov/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.
03/28/2023 & 161 of 283'

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 03/28/2023 & 162 of 20'

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 ')03/28/2023 6 163 of 283

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 03/28/2023 26
G6 164 of 2831

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)
03/28/2023 & 165 of 2&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.

IhDOL 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 1-63/28/2023 & 166 of 283

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 3
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. 03/28/2023 & 167 of 2&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.
1-63/28/2023 C6 168 of 283

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.
03/28/2023 8� 169 of 28�71

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.
2-63/28/2023 & 170 of 283

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.
03/28/2023 & 171 of 28�73

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!
2-63/28/2023 172 of 283

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.) 03/28/2023 & 173 of 28�75

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 their work 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. 2-63/28/2023 C6 174 of 283

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.
03/28/2023 & 175 of 28�77

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. 2-63/28/2023 86 176 of 283

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. 03/28/2023 & 177 of 28�79

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 at job sites other than the project for which 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-n/28/2023 40
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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.

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.

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. 03/28/2023 6� 179 of 2E311

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-n/28/2023 & 180 of 283

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. 03/28/2023 N 181 of 2E?313

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.

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-b3/28/2023 ,44
C6 182 of 283

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 iO3/28/2023 Gro 183 of 2�?315

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-tF3/28/2023 46
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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. 03/28/2023 & 185 of 28-�71

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.
3-63/28/2023 G6 186 of 283

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.
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3-5

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 3-4(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 labor standards 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.

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.
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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).

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
A�3/28/2023 & 190 of 283

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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Project Wage Rate Sheet
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Project Name:

Wage Decision Number/Modification Number:

Project Number:

Project County:

Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
g
Benefits
Total
Hourly
Wage Rate
Laborers
Fringe
Benefits
$
Bricklayers
$
Group #
BHR
Total Wage
Carpenters
$
$
Cement Masons
$
$
Drywall Hangers
$
$
Electricians
$
$
Iron Workers
$
$
Painters
I $
Operators Fringe Benefits:
$
Plumbers
$
Group #
BHR
Total Wage
Roofers
$
I
I
$
Sheet Metal Workers
$
I
I
$
Soft Floor Workers
$
$
Tapers
$
$
Tile Setters
I $
Truck Drivers Fringe Benefits:
$
Other Classifications
Group #
BHR
Total Wage
$
Additional Classifications (HUD Form 4230-A)
Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
Benefits
Total
Hourly
Wage Rate
Date of
HUD Submission
to DOL
Date of
DOL
Approval
$
A-63/28/2023 C6 192 of 283

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Appendix D:

City of Vista Stormwater Management Permit
Application Form & Reference Information
191
03/28/2023 C6 195 of 283

CITY OF VISTA

STORMWATER MANAGEMENT PERMIT

INSTRUCTIONS
To accompany all grading and/or building permit application(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 Permits 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: REOUIRED INFORMATION= This section is used to provide the City with 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 acres of disturbed area are not required to have a Waste Discharge Identification Number (WDID). Grading projects with a disturbed area of greater than 1 acres 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 1 (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.

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, Construction & Industrial/Commercial (916) 445-3520 (510) 444-6771
(916) 324-8997 Fax
This information is available in alternate format by request to Joan Turley at (760) 639-6100. 03/28/2023 C6 196 of 283

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 5 acres, 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 Zrain soil like sand, silt, fine disintegratedgranite)? ❑ 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 SCIO) would not be applicable. Table 2 (attached) must be completed by the project proponent to indicate which BMPs will be used.

Gradine and/or Building PlanW 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).

SECTION 3. CERTIFICATION
The following certification must be signed before a Grading and/or Building Permit(s) will be issued 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.

This information is available in alternate format by request to Joan Turley at (760) 639-6100. 03/28/2023 C6 197 of 283

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Appendix E:

City of Vista Standard Drawings/Plans
03/28/2023 C6 202 of 283

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CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of
("Contract Date"), by and between the City of Vista, a chartered municipal corporation ("Agency"), and APR Construction, Inc., a California corporation, ("Contractor"). Agency and Contractor are sometimes individually referred to as a "Party" and collectively as "Parties." In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:

SECTION 1
The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; BID SCHEDULE; CONTRACTOR'S LICENSING STATEMENT; PROJECT REFERENCES; CONTRACTOR'S LIST OF SUBCONTRACTORS; 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 DECLARATION (Federal Form);; BID SECURITY FORM (WITH BID BOND, CASH, CERTIFIED CHECK OR CASHIER'S CHECK INCLUDED); the CONSTRUCTION CONTRACT, PAYMENT BOND,

CONTRACTOR'S CERTIFICATE, SUPPLEMENTARY GENERAL PROVISIONS, SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda (No. 2), as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.

SECTION 2
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct

SENIOR CENTER FACILITY IMPROVEMENTS PROJECT
as specifically set forth in documents entitled

SENIOR CENTER FACILITY IMPROVEMENTS PROJECT
for which award of the Contract was made, to furnish at his own proper cost and expense all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, and to do everything required therein. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of Worker's Compensation Insurance for its employees.
03/28/2023 C6 256 of 283

SECTION 3
For furnishing all said services and materials, payment of premiums on insurance policies, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools, and equipment, and for doing all the Work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements and from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work, and for all other risks of any description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the Agency, and for well and faithfully completing the Work and the whole thereof within the stipulated time and in the manner shown and described in the said documents, and in accordance with the requirements of the Engineer under them, the Agency will pay, and the Contractor shall receive in full compensation therefore, the prices set forth by him in the accepted bid. The total compensation will be computed on the basis of the units of work actually performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the BID SCHEDULE for completion of the Work.

SECTION 4
The Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the Parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.

SECTION 5
Contractor agrees to indemnify, defend, and save harmless, the Agency, its officers, agents, employees and volunteers from and against any and all claims, demands, damages, losses and expenses, defense costs including attorney fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Contractor's performance under the terms of this Contract, caused in whole or in part by any negligent or willful acts or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency.

SECTION 6
Contractor agrees that the Payment Bond and Performance Bond attached to/submitted concurrently with this Contract are for reference purposes only, and shall not be considered a part of this Contract. Contractor further agrees that said bonds are separate obligations of the Contractor and its surety, and that any attorneys' fee provision contained in any payment bond or performance bond shall not apply to this Contract. In the event there is any litigation between the Parties arising from the breach of this Contract, each Party will bear its own attorneys' fees in the litigation.
03/28/2023 C6 257 of 283

SECTION 7
Contractor agrees to abide by all required contract provisions of federal -aid construction contracts per Exhibit A, which is hereby incorporated in and made a part of this Contract as fully as if set forth herein. Contractor agrees to pay generally prevailing wages per the Federal Prevailing Wage Rate Determination as provided in Exhibit B or pursuant to California law (8 CCR § 16001) where California prevailing wage rates are higher than the applicable federal rate.

IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Contract Date.

CITY OF VISTA, a chartered municipal
corporation
IS
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
IS
RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
By:

APPROVED
Amanda L. Guy
20230209102325
APR Construction, Inc., a California
corporation
By: C:iu� �'cc�
Eric Scarbrough, President
Name/Title
M
Name/Title
03/28/2023 C6 258 of 283

BID PROPOSAL
From: APR Construction Inc , Bidder,
For: The construction of

SENIOR CENTER FACILITY IMPROVEMENTS
as specifically set forth in documents entitled

SENIOR CENTER FACILITY IMPROVEMENTS PROJECT
The undersigned hereby proposes and agrees that if his bid as submitted in the attached BID SCHEDULE be accepted, he will contract in the form so approved to perform all work for which a Contract may be awarded him, to furnish any and all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the proposed Project as specifically set forth in said Contract Documents, together with appurtenances thereto, all as set forth on the Drawings and in the Project Specifications and other Contract Documents; and he further proposes and agrees to complete all the Work called for by the Drawings, Project Specifications, and other Contract Documents in strict conformity therewith within the time limits set forth therein; and that he will accept as full payment therefore the prices set forth in the BID SCHEDULE forming a part hereof.

The undersigned hereby submits either a Bid Bond or Bid Security in the form of Cash, a Cashier's Check, or a Certified Check, using the forms included in these Bid Documents, properly made payable to CITY OF VISTA, hereinafter designated as the Agency, in an amount that is at least ten percent (10%) of the total base bid amount. The Bid Bond or Bid Security is attached hereto and is given as a guaranty that the undersigned will execute the Contract and furnish the required bonds if awarded the Contract and, in case of failure to do so within the time provided, the proceeds of said bond or bid security shall be forfeited to the Agency. The Surety's liability to the Agency for forfeiture of the face amount of the bond shall be considered as established.
25 03/28/2023 C6 259 of 283

It is understood and agreed that:

1. The undersigned has carefully examined all Bid documents and other Documents which will form the Contract, including all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents.

2. The undersigned has, by investigating the site of work, by reviewing and analyzing the Plans and Specifications, and by otherwise familiarizing himself with the Project, has satisfied himself as to the nature and location of the Work and has fully informed himself as to all conditions and matters which can in any way affect the Work or the cost thereof.

3. The undersigned fully understands the scope of the Work and has included in the various related items of Work the cost of all work not listed as a separate item so that the Bid for the Project reflects the total cost for completing the Work in its entirety, has checked carefully all words and figures inserted in this Bid, and he further agrees that the Agency shall in no way be responsible for any errors or omissions in the preparation of this proposal.

4. The undersigned will execute the Contract and furnish the required Performance Bond, Payment Bond, and proof of insurance coverage within the stipulated time after the posting of a notice to him of acceptance of his bid by the Agency; and further, that this bid may not be withdrawn for a period of ninety (90) calendar days after the date set for the opening thereof unless otherwise required by law. If any bidder shall withdraw his bid within said period, the bidder shall be liable under the provisions of the Bid Security, or the bidder and his surety shall be liable under the Bid Bond, as the case may be.

5. The surety or sureties and insurance companies named in the space provided have agreed to furnish bonds, insurance, and endorsements in the form and amounts setforth in the Contract Documents in the event the Contract is awarded on the basis of this proposal.

6. The undersigned hereby certifies that this proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.

In conformance with current statutory requirements of Section 1860, et. seq., of the Labor Code of the State of California, the undersigned confirms the following as his certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

8. Receipt of Addenda No. 1 through2 is hereby acknowledged. (If none, write "NONE"). 26 03/28/2023 C6 260 of 283

9. The prospective bidder certifies, by INITIALING AFTER THE FOLLOWING STATEMENT and by signing and submitting this bid, to the best of his or her knowledge and belief, that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person 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.

Initials
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 of Lobbying Activities," in accordance with its instructions. The "Disclosure of Lobby Activities" is form Attachment G on page 12-87 of Exhibit 12-E titled "Federal Requirements for Federal -Aid Construction Project".

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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certifications shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,0000 and that all such sub -recipients shall certify and disclose accordingly.

10. In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated, the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached BID SCHEDULE upon which award of the Contract is made. (Continued on next page)
27 03/28/2023 C6 261 of 283

DATE: 1,20 2023
(CORPORATE SEAL)
Name and address of all members
of the firm or names of all officers
of the corporation.

APR Construction Inc, Eric Scarbrough
3916 Murray Hill Rd La Mesa Ca
91941
BIDDER'S NAME APR Construction Inc
BY
Signature 61
Eric Scarbrough
Printed Name
TITLE President
BY�r-�
Signature
Eric Scarbrough
Printed Name
TITLE president
BIDDER'S MAILING ADDRESS:
3916 Murray Hill Rd
La Mesa Ca 91941

CORPORATION ORGANIZED UNDER THE LAWS

OF THE STATE OF
California
CONTRACTOR'S LICENSE # 940-651
EXPIRATION DATE 12,31,23

CONTRACTOR'S LICENSE CLASS B
SURETY OR SURETIES: Am Trust.

INSURANCE COMPANY:

Hunter Insurance.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
1,20,23 r-z�,
Date CONTRACTOR'S SIGNATU E
M:3
03/28/2023 C6 262 of 283

BID SCHEDULE
Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the proposal for the construction of

SENIOR CENTER FACILITY IMPROVEMENTS
as specifically set forth in documents entitled

SENIOR CENTER FACILITY IMPROVEMENTS PROJECT
all in accordance with the Plans and Project Specifications on file at the City of Vista Engineering Department, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the Work at the place the Work is to be done; and with the Plans, Project Specifications and other Contract Documents, hereby stipulated; the Contractor agrees to complete the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services necessary to perform the Contract, and complete in a workmanlike manner all of the Work required in connection with the Contract, all in strict conformance with the Plans and Project Specifications on file at the City of Vista Engineering Department.

All items shall be finished and functional per Plans and the Contract Documents. Items designated with an `S' in the Bid Item column of the Bid Schedule are Specialty Items per Subsection 2-3.2 ("Self Performance") of the San Diego Regional Supplement to the Greenbook.

Notes:
1] Please type or print legibly in spaces provided in the BID SCHEDULE. 2] Please do not use pencil.
31 Unit Prices shall be entered to two (2) decimal places only. 29 03/28/2023 C6 263 of 283

BID SCHEDULE
PROJECT NAME: SENIOR CENTER FACILITY IMPROVEMENTS PROJECT NAME OF BIDDER: APR Construction Inc
Base Bid Items
Bid
Of Work Description
p
Qty.

Unit
Unit Price
Item Total
Item

GENERAL
Mobilization & Demobilization
1 (5% maximum of Total Base Bid)
1 LS
$16,175.00
$16,175.00
Storm Water Pollution Prevention and Erosion
2 Control
C
1 LS
$2,500.00
$2,500.00
3 Allowance for change in field condition
1 LS
$4,000
(stipulated amount)
$4,000.00

SENIOR CENTER FACILITY IMPROVEMENT
4 PROJECT (per standard drawings included
1 LS
$300,000.00
$300,000.00
as Appendix E)
TOTAL BASE BID FOR IMPROVEMENTS (in figures): Three hundred and twenty two thousand six hundred and seventy five dollars and zero cents.

NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS. Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.
30 03/28/2023 C6 264 of 283

CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.

Contractor's License Number: 940-651
Contractor's License Class: B
Expiration Date: 12,31,23
(As described in the INSTRUCTIONS FOR SIGNING BIDS, BONDSAND CONTRACTS, complete and sign the appropriate section for your company)
Name of Individual Contractor (Print or type):

Signature of Contractor:

Business Address:
r•T9
Name of Partnership or Joint Venture Firm:

Business Address:

Signature, printed name, title and address of members signing on behalf of the partnership:

Signature: Name: Title:

Ad d ress:

Signature: Name: Title:

Ad d ress:
or
Name of Corporation: APR Construction Inc
Business Address: 940-651
Corporation organized under the laws of the State of California Signature of Officer of Cor ration
Signature of Officer of Corporation
Eric Scarbrough President
Printed Name and Title
Printed Name and Title
31 03/28/2023 C6 265 of 283

PROJECT REFERENCES
The Bidder shall provide evidence that the Bidder has had the prior experience to properly perform in accordance with the terms of these Plans and Project Specifications.

List ALL contracts with public agencies entered within the past five (5) years of the most recent projects for which the Bidder has completed work of similar size and complexity to this project as the General (or Prime) Contractor, and the names and phone numbers of the contracting public agencies. Make copies of this page for listing additional projects.

Project
Date Completed
Agency Name, Contact
Project Name and Description of
Contract Amount
No.

Person, Email, & Phone
Work

1. National cty Adult School Security
Armando Mirrillo
Fence proj. Install securityfence.
10,5,21
Sweetwater Union School Dist
Armando Murrillo
Install stuctural foundations for High
$759,000.00
619 218 1115
security fence system including
armando.murillo@
automated parking doors.
swe etwate rsc h oo I s . o rg

2. 2 5 22
Sweetwater Union School Dist
Otay Ranch Marquee Proj.

Armando Murrillo
$48,000.00
619 218 1115
armando.murillo@
Install structual colums drill
sweetwaterschools.org
casons and install large
scoreboard.

3. City of Vista. Jay Hanlon.

Vista Library exterior improvement.
4,28,22
760 643-5453
$277,000.00
[email protected]
Install new led lighting and paint
exterior of building. Demo large
concrete structures.

4. 2,4,2020
San Diego Port Dist.

National cty Rail Car Museum Project
Bill Williams
Building new commercial doors and
$ $96,000.00
619 890-2332
retro fitting all upper and lower
wmelton@portof sandiego.
windows.
org

5. 6,8,2020
Southbay Union School Dist
West Campus ADA
$68,000.00
Francisco Franco
Improvements.
619 576 1810
Class room and path of travel ADA
[email protected]
improvements.

6. 7.

Note: Attached pre-printed list to this page to list additional projects. 32 03/28/2023 C6 266 of 283

CONTRACTOR'S LIST OF SUBCONTRACTORS
PROJECT NAME: SENIOR CENTER FACILITY IMPROVEMENTS PROJECT NAME OF BIDDER: APR Construction Inc
In accordance with Division 2, Part 1, Chapter 4 of the Public Contract Code, the prime Contractor shall submit with its Bid a list of subcontractors who will perform work in excess of one-half of one percent (0.5%) of the prime Contractor's total Bid or $10,000, whichever is greater.

Subcontractors listed must be properly licensed for the type of work they are to perform, and their license numbers must be indicated below. Do not list alternate subcontractors for the same work.

Bid
Description of
Dollar Value
Name under which
License No.

Address of Office,
DBE
Item
Subcontractor's
of
Subcontractor is licensed
and Class
Mill or Shop
(Yes/No)
No(s).

Portion of Work
Subcontract
HCl, Fire alarm & fire
sprinkler.
1005968
4585 Murphy Cayon RD
No
2 Fire sprinkler
Fire Alarm
$14,000.00
San Diego Ca
Superior Roofing
669-231
1309 DeerBrook Dr
Roofing.
$1,900.00
San Marcos Ca 92069
No
1 Mariano Electric
1083342
7020 Via Padilla
Carlsbad Ca 92009
No
1 Electrical
$12,602.04
(Provide additional copies of this sheet if needed)
33 03/28/2023 C6 267 of 283

CITY OF VISTA
C A L I F 0 R R

CONTRACTOR'S CERTIFICATION ON FEDERAL CONTRACT

REQUIREMENTS
I hereby certify that I have reviewed the federal construction contract -related requirements (included in appendices A, B, and C) imposed on the Contractor(s) of CDBG Grant Program- funded construction projects and fully understand all my obligations if the project is awarded to me.

Project Name:
ype text herE Senior Center ADA Improvements.

Location: 1400 Vale Terrace Dr. Vista Ca
Amount of Bid: $
322,675.00
APR Construction Inc
Name of Bidder
Eric Scarbrough, President
Print Name and Title
3916 Murray Hill Rd
Street Address
La Mesa Ca 91941
City, State Zip Code
Signature
34 03/28/2023 C6 268 of 283

Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (Per 48CFR 52.209-5)

1. The Bidder certifies, to the best of its knowledge and belief, that the Bidder and its Principals, and any of its prospective subcontractors for thisaward:
a) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal, State or localagency;
b) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal, State or local criminal tax laws, or receiving stolen property (if Bidder checks "have", the Bidder shall also see 52.209-7, if included in this solicitation); c) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of thisprovision; d) Have not, within a three-year period precedingthis offer, been notified of any delinquent Federal, State or local taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. e) Have not, within a 3-year period precedingthis offer, had one or more contracts terminated for default by any Federal, State or local agency;and
1400 Vale
f) Do not have an Active Exclusion on the System for Award Management (SAM), which is available at https://sam.gov/

2. The Bidder shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. The certification in paragraph (1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this award fordefault.

4. Where the Bidder is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification form.

Company Name: APR construction Inc
Name: Eric Scarbrough
(President or Authorized Official of Consultant)
Guidance:

Signature: (2�,
12,23,23
(A) Bidder's (or its subconsultant's) inability to certify to the items in paragraph (1)(B), (1)(C), (1)(D), and (1)(E) will not necessarily result in withholding of an award. However, this certification will be considered in connection with a determination of the Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as required in paragraph (4) above or as requested bythe Contracting Officer may render 35 03/28/2023 C6 269 of 283

Certification Regarding Debarment CONT.
the Bidder nonresponsible. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (1) above. The knowledge and information of an Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of businessdealings.
(B) "Principal", for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (C) Federal taxes are considered delinquent if both of the following criteria apply:(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative orjudicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action isprecluded.

Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). 36 03/28/2023 C6 270 of 283

DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.

Approved by OMB
0348-0046

1. Type of Federal Action:

2. Status of Federal Action:

3. Report Type:

X a. contract
I$ a. bid/offer/application
X a. initial filing
❑ b. grant
❑ b. initial award
❑ b. material change
❑ c. cooperative agreement
❑ c. post -award
For Material Change Only:
❑ d. loan
year quarter
❑ e. loan guarantee
date of last report
❑ f. loan insurance

4. Name and Address of Reporting Entity:

5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Prime Subawardee
and Address of Prime:

Tier , if known:

Congressional District, if known: 4c
Congressional District, if known

6. Federal Department/Agency:

7. Federal Program Name/Description-
CFDA Number, if applicable:

8. Federal Action Number, if known:

9. Award Amount, if known:

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if ( if individual, last name, first name, MI ): different from No. 10a ) (last APR Construction Inc. name, first name, Ml ):
3916 Murray Hill Rd La Mesa Ca 91941
.� Information requested through this form is authorized by title 31 U.S.C. section

12. Signature: L c�C4_4 21&
1 This disclosure of lobbying activities is a material representation of fact �cfu'
upon which reliance was placed by the tier above when this transaction was made or entered Print Name: Eric 6carbrouclti
into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available or public inspection. Any person who fails to file the required disclosure shall be subject to Title' President
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Telephone No.: 619 247 7327 Date: 1,23,23
Federal Use Only:
uthorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
37 03/28/2023 C6 271 of 283

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the yearand quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entityfor this covered Federal action.

4. Enterthe full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entitythat designates if it is, or expectsto be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

M
03/28/2023 C6 272 of 283

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Executive Order 11246
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause, and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clauses, as required by Executive Orders 10925, 11114, 11246, or 11375.
2 ❑ YES, If yes, identify the most recentcontract:

U NO
Compliance reports were required to be filed in connection with such contract or subcontract.
❑ YES, If yes, identify the most recentcontract:

U NO

3. Bidder has filed all compliance reports due under applicable instructions. ® YES
❑ NO

4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?
❑ YES
0 NO
Company: APR Construction Inc
r
Signature
President
Title
1,23.23
Date
Signature Title Date
39 03/28/2023 C6 273 of 283

NON -SEGREGATED FACILITIES CERTIFICATION EXECUTIVE ORDER 11246 (30 F.R. 12319-25)
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Contract for Construction.
"Segregated facilities," as used in this provision, 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, that 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 otherwise.

By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification isa violation of the Equal Employment Opportunity clause in thecontract.

The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will obtain identical certifications from the proposed subcontractors; retain the certifications in its files; and forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specifictimeperiods):

Notice to Prospective Subcontractors of Reauirement for Certifications of Non- segregated Facilities
A Certification of Non -segregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

I, hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

Company: APR Construction Inc
President
Signature Title
1,23,23
Date
Signature Title Date
.s
03/28/2023 C6 274 of 283

NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS
The prospective participant certifies, by signing and submittingthis bid or proposal, to the best of his or her knowledge and belief, that:

1. 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.
2 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 of Lobbying Activities," in conformance with its instructions.

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 Section 1352, Title 31, U.S. Code. 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 suchfailure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lowertier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

BIDDER'S SIGNATURE
1,23,23
DATE
41 03/28/2023 C6
275 of 283

NON -COLLUSION DECLARATION

SENIOR CENTER IMPROVEMENTS PROJECT

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the president of APR Construction Inc
(Title) (Company Name)
the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California thatthe foregoing is true and correct and that this declaration is executed on
1,23,23 at La Mesa California
(Date) (City) (State)
�2GG �2..6LG�Z
Signature
Eric Scarbrough
Printed Name
President
Title
42 03/28/2023 C6 276 of 283

BID SECURITY FORM
Note: This form is to be used when the Bidder chooses to submit cash or a check instead of a bid bond as bid security.

Cash or a cashier's or certified check in the amount of not less than ten percent (10%) of the total Base Bid must accompany the bid.

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Vista ("Agency") has issued an invitation for bids for the work described as follows:

Senior Center Facility Improvements Project
WHEREAS APR Construction Inc
3916 Murray Hill Rd La Mesa Ca 91941
619 247 7327
(Name, address, and telephone number of Bidder)
the undersigned bidder ("Bidder"), has submitted the accompanying bid to Agency for the work.

WHEREAS, bidders are required under the provisions of the Vista Municipal Code to furnish a form of bidder's security with their bid.

NOW, THEREFORE, the undersigned Bidder, is held and firmly bound unto Agency in the penal sum not less than ten percent (10%) of the total base bid amount, in lawful money of the United States of America in the form of *Cash, *a Certified Check, *a Cashier's Check (* Strike out the inapplicable words) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Bidder shall not withdraw said bid within the period specified in the bidding specification, or, if no period be specified, for ninety (90) calendar days after the bid opening; or if the Bidder does not attempt to withdraw the bid when the requirements of Public Contract Code §5101 et seq. are not met; or if the Bidder is awarded a contract for the work by Agency and, within the time and in the manner required by the bidding specification , or if no period be specified, within ten (10) working days after the Contract is awarded, enters into the written form of contract included with bidding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void and the cash or check shall be returned to Bidder; otherwise, the proceeds of the cash or check shall become the property of the Agency and the Bidder shall have no further interest therein.
[Text and signatures continued on page 2.]
CITY OF VISTA Page 1 of 2 BID SECURITY FORM
[00064033-11 00064033 1
43 03/28/2023 C6 277 of 283

In case suit is brought against the Bidder based on this obligation, Bidder further agrees to pay all court costs incurred by Agency in the suit and reasonable attorneys' fees in an amount fixed by the court.

IN WITNESS WHEREOF, this instrument has been duly executed by Bidder on the date set forth below, the name of each corporate officer being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated: 1,27,23
Bidder
APR Construction Inc
Eric Scarbrough
By:

Its Eric Scarbrough
Its
(Seal)
This form must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached.

See additional forms with stamped Seal and Notary.

CITY OF VISTA Page 2 of 2 BID SECURITY FORM
[00064033-11 00064033 1
44 03/28/2023 G6 278 of 283

Bond No.

Premium: $_
Effective Date:

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

The City of Vista ("City") has awarded a contract (the "Contract") with APR Construction, Inc. ("Principal") as follows:

SENIOR CENTER FACILITY IMPROVEMENTS PROJECT,
which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.

Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full, and faithful performance of the Contract concurrently with delivery of the signed Contract to City.

NOW, THEREFORE, we, the undersigned Principal, and
(Name, address, and telephone number of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Three Hundred and Twenty Two Thousand Six Hundred and Seventy Five dollars ($322,675), this amount being not less than one hundred percent (100%) the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City and its officers, agents, and others as therein provided, from any and all losses, liability and damages, claims, judgments, stop payment notices, costs, and fees of every description, whether imposed by law or equity, which may be incurred by City by reason of the failure or default on the part of Principal in the performance of any or all of the terms or the obligations of the Contract Documents, as they may be amended and supplemented including, but not limited to, Principal's liability for City's damages (including direct and consequential damages incurred by City for: rental expenses; losses of use, income, profit, business, and reputation; increased financing costs; and loss of management or employee productivity or of the services of such persons) caused by Principal's delays, as well as Principal's liability for other delay damages or liquidated damages, and any warranties or guarantees required thereunder; then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

When City declares that Principal is in default under the Contract, Surety shall promptly, take one of the following actions:
(a) Remedy the default;
(b) Undertake through its agents or independent contractors reasonably acceptable to City, to complete the Project according to the Contract Documents' terms and conditions then in effect including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; or, if required by City; (c) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions using a procurement methodology approved by City, select a contractor or contractors — acceptable to City — to complete all of the Work, and arrange for a contract between the contractor(s) and City, to be secured with performance and payment bonds executed by an admitted surety insurer equivalent to the bonds issued on the Construction Contract, and Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract 03/28/2023 C6 279 of 283

Documents, including other costs and damages for which Surety is liable under this Bond and all obligations with respect to warranties, guarantees, and the payment of liquidated damages as a result of Contractor's default; (d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
(i) After investigation, determine the amount for which it may be liable to City and, as soon as practicable after the amount is determined, make payment to City; or (ii) Deny liability in whole or in part and notify City, citing the reasons for denial.

If Surety does not proceed as provided above with reasonable promptness, Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond, and City shall be entitled to enforce any remedy available to City. If Surety admits liability and tenders payment, and City refuses the payment, or Surety has denied liability, in whole or in part, without further notice City shall be entitled to enforce any remedy available to City.

In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys' fee provision contained in this Performance Bond shall not apply to the Contract. In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys' fees in the litigation.

FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.

City is an intended beneficiary of this bond and has all rights of a party thereto. [Text and signatures continued on page 3.]
03/28/2023 C6 280 of 283

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
"Principal"
APR Construction, Inc.

By:

Signature
Name and Title
Surety"
By:

Signature
By: Name and Title
Signature
Name and Title

APPROVED
Amanda L. Guy
20230209103430
(Seal)
By:

Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached.
03/28/2023 C6 281 of 283

Bond No.

Premium: $_
Effective Date:

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

The City of Vista ("City") has awarded a contract (the "Contract") to APR Construction, Inc. ("Principal") as follows:

SENIOR CENTER FACILITY IMPROVEMENTS PROJECT,
which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.

Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the prompt, full, and faithful payment of any Claimant, as hereinafter defined, for all labor, materials or services used or reasonably required for use in the performance of the work, concurrently with delivery to City of the signed Contract.

NOW, THEREFORE, we, the undersigned Principal, and
(Name, address, and telephone number of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Three Hundred and Twenty Two Thousand Six Hundred and Seventy Five Dollars ($322,675), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract ("Claimants"), Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.

This bond shall inure to the benefit of any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), so as to give a right of action to such persons or their assigns in any suit brought upon the bond.

In case suit is brought upon this bond to enforce or interpret this bond's terms, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys' fee provision contained in this Performance Bond shall not apply to the Contract.

In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys' fees in the litigation.

City is an intended beneficiary of this bond and has all rights of a party thereto.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned 03/28/2023 C6 282 of 283

representative(s) pursuant to authority of its governing body.

Dated:
"Principal"
APR CONSTRUCTION, INC.

By:

Signature
Name and Title
By:

Signature
Name and Title
(Seal)

APPROVED
Amanda L. Guy
20230209103635
Surety"
By:

Signature
Name and Title
By:

Vista City CouncilMarch 28, 2023

Vista City Council
March 28, 2023