Vista City Council
December 12, 2023

Appendix B

(2)That each laborer or mechanic (including each helper, apprentice, and t rainee) 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 i ts designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. I f the contractor or subcontractor fails to submit the required records or to make them available, HUD or i ts 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.
(i) 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 l 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 ts 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 l isted on the wage determination for the applicable
classification. I f the Administrator determines that a different 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 t rainee’ 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 f ringe benefits, t rainees shall be paid the full amount of f ringe benefits l 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 l isted on the payroll at a t rainee rate who is not registered and participating in a t raining plan approved by
form HUD-4010 (06/2009)

Appendix B

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 t raining program, the contractor will no longer be permitted to utilize t rainees 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, t rainees 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 ts 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 t ier 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 ts subcontractors) and HUD or i ts designee, the U. S.

Department of Labor, or the employees or their
representatives.

10. (i) 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 t ransactions”, 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” incl ude 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; l iability for unpaid wages; l 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 l iable for the unpaid wages. In addition, such contractor and subcontractor shall be l 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 l iquidated damages.

Such l iquidated 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)
ref. Handbook 1344.1
Appendix B

(3) Withholding for unpaid wages and l iquidated
damages. HUD or i ts designee shall upon i ts 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 l iabilities of such contractor or subcontractor for unpaid wages and l 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 t ier 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)
ref. Handbook 1344.1
Appendix B

196
Appendix C:

Federal Requirements and Special Provisions

APPENDIX C

FEDERAL REQUIREMENTS AND SPECIAL PROVISIONS

ITEMS THAT MUST BE SUBMITTED WITH BID PACKAGE
Items in this Section are included in the bid proposal section of the bid Contractor’s Certification on Federal Contract Requirements Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
Disclosure of Lobbying Activities and Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
Equal Employment Opportunity Certification
Non-Segregated Facilities Certification
Non-Lobbying Certification for Federal-Aid Contracts
Non-Collusion Affidavit

ITEMS THAT MUST BE SUBMITTED PRIOR TO AWARD OF CONTRACT Section 3 Bidder’s Certification 2
Section 3 Estimated Work Force Breakdown 3
Contract and Subcontract Activity – HUD Form 2516 4

ITEMS THAT MUST BE COMPLETED AND SUBMITTED FOR DURATION OF PROJECT Payroll Reporting DOL Form WH-347 and Instructions for Completion 6 Note: the form is double-sided. Must complete form in its entirety and submit weekly.

Record of Employee Interview 11
Note: City staff will conduct on the job interviews and complete the form

ITEMS THAT MUST BE COMPLETED AND SUBMITTED AT COMPLETION OF PROJECT Section 3 Work Force Breakdown 13

OTHER FEDERAL REQUIREMENTS
Notice of Requirement for Affirmative Action to Ensure Equal Employment 14 Opportunity Executive Order 11246: 41 CFR Part 60‐2
Employee Rights Under the Davis-Bacon Act – Poster in English and Spanish 15 Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Policy 17 Section 3 Compliance Guide 18
Davis-Bacon Labor Standards 22

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
2 SECTION 3 ESTIMATED WORK FORCE BREAKDOWN

MUST BE COMPLETED BY PRIME AND SUBCONTRACTORS
Company Name: __________________________________________________ Address: __________________________ Primary Contact: ____________________________ __________________________ Contact Phone Number: ______________________ Project Title: ________________________________________ Employment and Training
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:

Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low-income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
3 blank page

PH
IH
CPD
Housing
Grant/Project Number or HUD
Case Number or other
identification of property,
subdivision, dwelling unit, etc.
7a.

Amount of
Contract or
Subcontact
7b.

Type of Trade
Code
(See below)
7c.

Contractor or
Subcontractor
Business
Racial/Ethnic
(See below)
7d.

Woman Owned Business
(Yes or No)
7e.

Prime Contractor Identification (ID)
Number
7f.

Sec. 3
7g.

Subcontractor
Identification (ID)
Number
7h
Sec. 3
7i.

State Zip
CPD:
1 = New Construction 6 = Professional
2 = Education/Training 7 = Tenant Services
3 = Other 8 = Education/Training
0 = Other5 = Project Mangt.
4 = Service
6 = Hasidic Jews
Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the Information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or relesed outside the United States Department of Housing and Urban Development without your consetn, except as required or permitted by Law.

Previous editions are obsolete.form HUD-2516 (8/98)
Contract and Subcontract Activity
Contractor/Subcontractor Name and Address
7j.

Name Street City
U.S. Department of Housing and Urban Development
Check if:

OMB Approval No.: 2577-0088 OMB
Approval No.: 2502-0355
Executive Orders dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals.

Public reporting burden for this collection of information is estimated to average .5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The Information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number.

Oct. 1 - Sept. 30 (Annual -FY)
2 = Substantial Rehab.
3 = Repair
3 = Native Americans
4 = Hispanic Americans
9 = Arch./Engrg. Appraisal 5 = Asian/Pacific Americans
8 = Section 8114 = Insured (Management)
3 = Section 8 Noninsured, Non-HFDA 7 = Public/India Housing 7d: Racial/Ethnic Codes:
1 = White Americans
5: Program Codes (Complete for Housing and Public and Indian Housing programs only):
2= Flexible Subsidy
1 = All Insured, including Section8 5 = Section 202
6 = HUD-Held (Management)
Housing/Public Housing:
7c: Type of Trade Codes:
2 = Black Americans1 = New Construction

1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency 3a. Name of Contact Person 3b. Phone Number (Including Area Code)4. Reporting Period 5. Program Code (Not applicable for CPD programs.) See explanation of Codes at bottom of Page Use a
separate sheet for each program code.

6. Date Submitted to Field Office

2. Location (City, State Zip Code)
4 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance.
completed for public and Indian housing and most community development programs. Form HUD- 60002 is to be completed by all other HUD programs including State administered community development programs covered under Section3. A Section 3 Contractor/subcontractor is a business concern that provides economic opportunities to low and very Low-income residents of the metropolitan area (or nonmetropolitan county), including a business concern that is 51 person or more owned by low-income residents;
costs or unusually high or low-income families. Very low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes.

Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period.
or provides subcontracting or business development opportunities to businesses owned by low or low-income residents. Low and very low-income residents; include participants in Youthbuild programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act.

Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Complete item 7h. Only once for each contractor/subcontractor on each semi-annual report.

This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD-60002 to report employment and training opportunities data. Form HUD-2516 is to be
The terms “low-income persons” and “very low-income persons” have the same meanings given the terms in section3(b)(2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller an larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction
Enter the prime contractor's ID in item 7f. for all contracts and subcontracts. Include only contracts expected during this reporting period. PHAs/IHAs are to report all contracts/subcontracts.

Community Development Programs Multifamily Housing Programs Public Housing and Indian Housing Programs

1. Grantee: Enter the name of the unit of government submitting this report.1. Grantee/Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report.

PHAs/IHAs are to report all contracts/subcontracts. Include only contracts executed during this reporting period.

3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data.3. Contact Person: Same as item 3 under CPD Programs.1. Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report. Check box as appropriate.
7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number.

4. Reporting Period: Check only one period.3. Contact Person: Same as item 3 under CPD Programs. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar.

If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract.

5. Program Code: Enter the appropriate program code.4. Reporting Period: Check only one period. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. 7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned.5. Program Code: Enter the appropriate program code.

The "other" category includes supply, professional services and all other activities except construction and education/training activities.7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned.
7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 51% of the business. 7c. Type of Trade: Same as item 7c. under CPD Programs.7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.

When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs.7c. Type of Trade: Same as item 7c. under CPD Programs. 7e. Woman Owned Business: Enter Yes or No.7e. Woman Owned Business: Enter Yes or No.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs. 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the Prime Contractor as the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs.7e. Woman Owned Business: Enter Yes or No. 7g. Section 3 Contractor: Enter Yes or No.7g. Section 3 Contractor: Enter Yes or No.7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided.
7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs.7g. Section 3 Contractor: Enter Yes or No. 7i. Section 3 Contractor: Enter Yes or No.7i. Section 3 Contractor: Enter Yes or No.7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs. 7j. Contractor/Subcontractor Name and Address: Enter this information for each firm receiving contract/subcontract activity only one time on each report for each firm.7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs.7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs. 5 U.S. Department of Labor PAYROLL
(For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) W age and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.:1235-0008 Expires: 04/30/2021 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9)
(8)

DEDUCTIONS
O
O
O
O
O
O
O
O

NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY
NUMBER) OF WORKER NO.

O
F

W
ITHH
O
LD
i
NG

EXEM
P
TIO
NS
WORK

CLASSIFICATION
OT
.

O
R
ST.

HOURS WORKED EACH DAY
TOTAL
HOURS
RATE
OF PAY
GROSS
AMOUNT

EARNED FICA
WITH-

HOLDING

TAX OTHER
TOTAL

DEDUCTIONS
NET
WAGES
PAID

FOR WEEK
S
S
S
S
S
S
S
S
Rev. Dec. 2008
Rev. Dec. 2008
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.

Washington, D.C. 20210
(over)6

Date
I,
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of ,, and ending the day of ,,
all persons employed on said project have been paid the f ull w eekly w ages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2)That any payrolls otherwise under this contract required to be submitted for t he above period are correct and complete; that the wage rates for laborers or m echanics contained therein are not les s t han the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4)That:
(a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS −in addi tion to the ba sic hourly wage ra tes paid to ea ch laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.
(b)WHERE FRINGE BENEFITS ARE PAID IN CASH
−Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS
REMARKS:

EXCEPTION (CRAFT)EXPLANATION

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
7 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 benef its, 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.
8 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.
9 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 1and 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.
10 Record of
Employee Interview
U.S. Department of Housing
and Urban Development
Office of Labor Relations
OMB Approval No. 2501-0009
(exp. 10/31/2010)
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
1b. Project Number 2b. Employee Phone Number (including area code) 1c. Contractor or Subcontractor (Employer) 2c. Employee Home Address & Zip Code 2d. Verification of identification?
Yes No
3a. How long on this
job?
3b. Last date on this
job before today?
3c. No. of hours last
day on this job?
4a. Hourly rate of pay? 4b. Fringe Benefits? 4c. Pay stub? Vacation Yes No Yes No
Medical Yes No
Pension Yes No

5. Your job classification(s) (list all) --- continue on a separate sheet if necessary

6.Your duties

7. Tools or equipment used

Y N Y N

8. Are you an apprentice or trainee?10. Are you paid at least time and ½ for all hours worked in excess of 40 in a week?

9. Are you paid for all hours worked?11. Have you ever been threatened or coerced into giving up any part of your pay? 12a. Employee Signature 12b. Date

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

14. Remarks
15a. Interviewer name (please print) 15b. Signature of Interviewer 15c. Date of interview Payroll Examination

16. Remarks
17a. Signature of Payroll Examiner 17b. Date
Previous editions are obsolete Form HUD-11 (08/2004)
11 Record of Employee Interview
Instructions
U.S. Department of Housing
and Urban Development
Office of Labor Relations
OMB Approval No. 2501-0009
(exp. 10/31/2010)
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 1a - 1c: 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.

Form HUD-11 (08/2004) 12

SECTION 3 WORK FORCE BREAKDOWN
**To be completed by Contractor at the completion of project** Company Name: __________________________________________________ Address: __________________________ Primary Contact: ____________________________ __________________________ Contact Phone Number: ______________________ Project Title: ________________________________________ Employment and Training
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:

Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low-income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
13 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.
14 PREVAILING
WAGES
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted 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.

EMPLOYEE RIGHTS

UNDER THE DAVIS-BACON ACT

FOR LABORERS AND MECHANICS

EMPLOYED ON FEDERAL OR

FEDERALLY ASSISTED

CONSTRUCTION PROJECTS
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
WH1321 REV 10/17

WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR
15 SALARIOS

PREVALECIENTES
No se le puede pagar menos de la tasa de pago indicada en la Decisión de Salarios Davis-Bacon fijada con este Aviso para el trabajo que Ud. desempeña.

SOBRETIEMPO Se le ha de pagar no menos de tiempo y medio de su tasa básica de pago por todas las horas trabajadas en exceso de 40 en una semana laboral. Existen pocas excepciones.

CUMPLIMIENTO Se pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y el pago de sobretiempo debidos, y se podría aplicar daños y perjuicios si no se cumple con las exigencias del pago de sobretiempo. Las cláusulas contractuales de Davis-Bacon permiten la terminación y exclusión de contratistas para efectuar futuros contratos federales hasta tres años. El contratista que falsifique los registros certificados de las nóminas de pago o induzca devoluciones de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o encarcelamiento.

APRENDICES Las tasas de aprendices sólo se aplican a aprendices correctamente inscritos bajo programas federales o estatales aprobados.

PAGO APROPIADO Si Ud. no recibe el pago apropiado, o precisa de información adicional sobre los salarios aplicables, póngase en contacto con el Contratista Oficial que aparece abajo:

DERECHOS DEL EMPLEADO

BAJO LA LEY DAVIS-BACON
La ley exige que los empleadores exhiban este cartel donde sea visible por los empleados.

PARA OBREROS Y MECÁNICOS

EMPLEADOS EN PROYECTOS DE
CONSTRUCCIÓN FEDERAL O CON

ASISTENCIA FEDERAL
WH1321 SPA REV 10/17
DIVISIÓN DE HORAS Y SALARIOS
DEPARTAMENTO DE TRABAJO DE LOS EE.UU.
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
o póngase en contacto con la División de Horas y Salarios del Departamento de Trabajo de los EE.UU. 16 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. 17 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 programs 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* 50% of AMI* 30% of AMI*
Low Income Very Low Income Extremely Low Income
1 54,500 34,100 20,450
2 62,300 38,950 23,400
3 70,100 43,800 26,300
4 77,850 48,650 29,200
5 84,100 52,550 31,550
6 90,350 56,450 33,900
7 96,550 60,350 38,060
8 102,800 64,250 42,380
18 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. 19 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 Registry?
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 require 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
20 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
21 January 2012
Previous versions obsolete
U.S. Department of Housing
and Urban Development
Labor Relations Desk Guide
LR01.DG

DAVIS-BACONLABOR STANDARDS
A Contractor’s Guide
to Prevailing Wage Requirements
for Federally-Assisted Construction Projects
22 i

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.
23 iii

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 24 iv

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 l. 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 25 v
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 26 1-1
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.
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)
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. 27 1-2
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. 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 DOL Regulations are available on-line on the World Wide Web:
http://www.dol.gov/dol/allcfr/Title_29.htm
28 1-3
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 ≤$100,000) which are used for Public and Indian Housing projects.
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.
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.

HUD program labor standards forms are available on-line at:
www.hud.gov/offices/adm/hudclips/index.cfm
All current Davis-Bacon wage decisions can be accessed on-line at no cost at:
http://www.wdol.gov
29 1-4
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.

30 2-1
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.
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.

Remember, the wage decision is contained in the contract specifications along with the labor standards clauses. See 1-3, Construction Contract Provisions. 31 2-2
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 HUDClips (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.

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 HUDClips (see address in the Appendix).
32 2-3
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 whether the 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.
33 2-4
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. 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).
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.

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.

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
If you number your payroll reports consecutively, you do not need to submit “no work” payrolls!
34 2-5
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. 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.) 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.
35 2-6
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.
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.

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.

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.

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). 36 2-7
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.
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.

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. 37 2-8
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. 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.

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.
38 2-9

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.

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.

For many contractors, the Weekly Certified Payroll is the only Davis-Bacon paperwork you need to submit!
39 2-10

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 “other job” 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 pay. 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. 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.

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 ½) + $5 = $20/hour. 40 2-11
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. h. Net pay. Show the net amount of wages paid.
i. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c).
j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. Signatures in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable.

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.

Only one Statement of Compliance is required for each employer’s weekly payroll no matter how many pages are needed to report the employee data. 41 2-12

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. 42 2-13
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. 43 2-14
j.Fringe benefits. If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k.Signature. If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been authorized by principle to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principle or other authorized signatory.
l.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.

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.
44 2-15
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.
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 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.

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.
45 2-16
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.

46 3-1
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.

47 3-2

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 for Administrative 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.
48 3-3
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:
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.

Remember, the prime contractor is 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. 49 3-4

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 3-4(c), below.
c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. 3-5 ADMINISTRATIVE SANCTIONS.

Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL.

a. DOL debarment. Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD sanctions. HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions.

1. Limited Denial of Participation. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP’s are found at 24 CFR

24.700-24.714.

Remember, if you 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. 50 3-5

2. Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24.
3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS.

Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of $1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code).

Remember, if you 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. 51 A-1

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
52 A-2
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
53 A-3
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
Benefits
Total
Hourly
Wage Rate
Laborers
Fringe
Benefits
$
Bricklayers $Group #BHR Total Wage
Carpenters $$
Cement Masons $$
Drywall Hangers $$
Electricians $$
Iron Workers $$
Painters $Operators Fringe Benefits:$
Plumbers $Group #BHR Total Wage
Roofers $$
Sheet Metal Workers $$
Soft Floor Workers $$
Tapers $$
Tile Setters $Truck Drivers Fringe Benefits:$
Other Classifications Group #BHR Total Wage
$
$
$
Additional Classifications (HUD Form 4230-A)
Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
Benefits
Total
Hourly
Wage Rate
Date of
HUD Submission
to DOL
Date of
DOL
Approval
$
$
$
54 A-
4 55

A-
5 56

197
Appendix D:

Grind, leveling course and overlay site map

198
Appendix E:

City of Vista Engineering Construction Survey
Request Instructions and Form

199
Appendix F:

City of Vista Stormwater Management Permit
Application Form & Reference Information

200
Appendix G:

Potential Staging and Storage Area Exhibits

DATE:

SUBJECT:

PROJECT:
1125 E. Taylor Street
Potential Construction Staging & Storage Area ��
Public Works Department Approval Required
See Section 7 .8.4.1 for Details
Oct 2023
Potential Construction Staging and Storage
2023 Pedestrian M9bility Sidewalks Project - CIP _8290

201
Appendix H:

City of Vista Standard Drawings, Pacific
Geosource Forta-Fi Fibers
and Ace XP Polymer Fiber

T / 1-877-454-8096
PacificGeoSource.com
Pacific GeoSource / Data Sheets & Install Guide / FORTA-FI®

FACT DATA SHEET & INSTALL GUIDE
FORTA-FI®

Fiber Reinforcement for Asphalt

FORTA-FI® asphalt fiber features millions of high-tensile strength fibers that are dispersed into each ton of asphalt mix during the plant production process. FORTA-FI is the simplest way to reinforce asphalt.

Benefits achieved include greater resistance to fatigue, reflective, and thermal cracking, rutting, and crack propagation. FORTA-FI reinforced asphalt mixes build stronger, more durable pavements, significantly reducing life-cycle costs of your roadway.

FORTA-FI Reinforced Asphalt /
FORTA-FI fiber blend is added directly to the asphalt
mix during production creating a three-dimensional
material reinforcement throughout the entire asphalt
layer. This reinforcement helps control thermal,
reflective, and fatigue cracking, as well as reduce
rutting and raveling.

FORTA-FI is a cost-effective way to improve the
durability and longevity of a variety of pavement
applications such as airports, streets, highways,
interstates, and industrial parking lots, etc.

Additionally, FORTA-FI can be used as a stabilizing
agent in SMA’s and OGFC’s.

FORTA-FI

Physical Properties /
Fiber Aramid Polyolefin
Specific Gravity 1.44 0.91
Density

2,427 lb/cu yd
(1,440 kg/cu m)
1,534 lb/cu yd
(910 kg/cu m)
Tensile Strength 400 ksi
(2,758 MPa)
N/A*
Operating
Temperature
-100 – 800°F
(-73 – 427°C)
N/A*
Length 0.75 in (19 mm) 0.75 in (19 mm)
Form Monofilament Serrated
Color Yellow Yellow
Acid Resistance Inert Inert
Alkali Resistance Inert Inert
* Fibers will melt or become plastically deformed during asphalt mix production.

Table 1.

Delivery, Storage, and Handling /
Deliver FORTA-FI fiber-reinforcement in sealed,
undamaged containers with labels intact and legible,
indicating material name and lot number. Deliver
fiber-reinforcement to plant location convenient to
where it will be introduced into the mixing process.

Material should be covered and stored off the
ground. Do not allow boxes to become wet.

Features / ▪ High Tensile Strength Aramid Fibers
▪ Complete and Uniform Dispersion & Distribution
▪ Feeds Easily into Batch or Drum Plants
▪ Superior Technical Support and Guidance

Benefits / ▪ Stronger, More Durable Asphalt; Increased Service Life ▪ Fatigue, Reflective, and Thermal Cracking and Rutting Resistance ▪ No Change to Mix Design or Construction Process
▪ Easier Compaction

T / 1-877-454-8096
PacificGeoSource.com
Plant Introduction: Continuous Drum Plant /
FORTA-FI reinforcement fiber will be added at a rate
of one pound per ton of asphalt concrete.

A. For projects larger than 3,000 tons with daily
production quantities exceeding 1,000 tons per
day, it is recommended that fiber-reinforcement
be added using a fiber metering device (FMD).

The FMD will be supplied by Pacific GeoSource
and will be accompanied by an experienced
technician who will set up and run the machine
for the duration of the project. If an FMD is
purchased or leased, certified personnel from
Pacific GeoSource will provide fiber feeding
training and certification for plant personnel as
needed.

Figure 1: Voyager Portable Fiber Feeder.

1. The FMD requires a 240/480 volt electrical
hookup at the plant and should be installed and
tested prior to the start of asphalt production.

2. The FMD holds 300 pounds of fiber-
reinforcement in the storage hopper at one
time. Fiber should be loaded into the FMD in
bulk without any plastic bags. During
production, the hopper should be refilled prior
to reaching a minimum fiber quantity of 30
pounds.

3. The FMD is a weigh-in-motion drum and blower
system which utilizes highly sensitive load cells
to precisely meter and dispense the fiber. This
innovative fiber feeding system certifies the
feed rate matches the plant production rate
ensures a dosage rate of one pound per ton.

Fiber metering data is recorded and can be
downloaded from the device as required.

4. Fiber-reinforcement is fed from the FMD into
the drum via a flexible 4-in clear hose through
the RAP port or other suitable entry point. The
fiber injection point should be after fines
collection and before the addition of liquid
asphalt, so that mixing may occur within the hot
aggregate prior to coming in contact with liquid
binder.

5. A minimum plant production temperature of
220°F is recommended.

B. For projects smaller than 3,000 tons, it is
recommended that fiber be fed manually via
one of two procedures.

One Pound Bags

1. Place individual one-pound bags onto the
recycled asphalt pavement (RAP) belt at a rate
matching the output of the plant in tons per
hour (TPH) per Equation 1.

Equation 1:
3600/Tons per Hour
For example, for an operation at 300 TPH, the
dosage rate is
3600/300 = 12 (place 1 bag every 12 seconds)
Figure 2: One pound bags on RAP belt.

2. Plastic bag will melt instantly when bag enters
drum and fibers will disperse into the mix. A
minimum plant production temperature of
275°F is recommended to fully melt the plastic
bag.

3. Adding multiple one-pound bags at once is not
recommended.

T / 1-877-454-8096
PacificGeoSource.com
Little Shot Fiber Feeder

1. Provided by Pacific GeoSource on a short-term
lease, the Little Shot is a small portable unit
which requires an air compressor and a 4-in
diameter hose to direct flow of loose fibers
through the RAP port.

Figure 3: Little Shot™ Fiber Feeder.

2. The Little Shot should be used when the
temperatures inside the drum at the RAP
entrance are insufficient to immediately melt
the plastic bag to release the fiber. Scenarios in
which this could occur include warm mix
processes where drum temperatures are less
than 315 °F or high and/or saturated RAP
contents.

3. Individual one-pound bags of FORTA-FI are
opened and feed into the Little Shot at a rate
matching the output of the plant (see part 1
above).

Plant Introduction: Batch Plant /
FORTA-FI reinforcement fiber will be added at a rate
of one pound per ton of asphalt concrete.

One Pound Bags

1. Add individual one-pound bags to the
aggregate in the weigh hopper. Plant
operations are typically unaffected, and
modifications are not needed. However,
depending on plant operations, slight
modifications to dry or wet mixing times may be
required.

2. One-pound bags are to be added to match
batch plant production. For example, for a
batch operation of 3 tons, three bags of FORTA-
FI would be required to meet the dosage of one
pound per ton.

3. The plastic bag will melt, and fibers will
disperse into the mix.

Figure 4: Manual Bag Feed at Batch Plant.

Big Shot Fiber Feeder

1. Provided by Pacific GeoSource by lease or
available for purchase, the Big Shot Fiber
Feeder unit requires an air compressor and 8-
in PVC piping to direct flow of 1-lb fiber bags
into the weigh hopper. Plant operations are
typically unaffected, and modifications are not
needed. However, depending on plant
operations, slight modifications to dry or wet
mixing times may be required.

2. The correct number of individual one-pound
bags of FORTA-FI are fed simultaneously into
the Big Shot based on batch size (see part 1.i.
above).

Quality Assurance /
Asphalt producer should visually inspect the mix
prior to sending trucks to the jobsite to ensure
proper blending of fiber into the asphalt has
occurred. Inspection should take place at the drum
discharge point and also in the back of the first
trucks to leave the plant. Verify fiber dispersion a
minimum of every two hours.

Observe mix for undispersed clips and aramid
bunches. Spot check asphalt mix in the truck and
while paving. Look carefully as binder-soaked clips
are difficult to see.

If unblended fibers are visible, minor adjustments to
mixing operations may be needed to correct. This
may be accomplished by adjusting the angle of the
loose fiber feed tube, raising production

T / 1-877-454-8096
PacificGeoSource.com
temperature (when high RAP% is used), or lowering
the TPH production rate, with the ultimate goal of
increasing the time for fibers to disperse in the hot
aggregate prior to injection of liquid binder.

Record fiber feeding data manually or using the FMD
automatic data logging system to provide
verification of fiber dosage as needed to comply
with project specifications.

Fiber supplier will provide technical assistance
during feeding operations and support during
construction as needed.

Packaging /
US Short Ton Metric Ton
Bags 1.0 lb 0.5 kg
Cartons 35 bags 35 bags
Bulk Carton 35 lb, loose in carton 16 kg, loose in carton Pallets 16 cartons/560 bags 12 cartons/210 bags
Gaylord Pallets 600 lb 273 kg
Table 2.

Limited Warranty /
Pacific GeoSource Products are warranted to be
free of defects in material and will meet all
published physical properties as set forth herein.

Except for the express limited warranty set forth
herein, neither Pacific GeoSource nor any person
on Pacific Geosource’s behalf has made or makes
any express or implied representation or warranty
whatsoever, either oral or written, including any
warranties of merchantability, fitness for a
particular purpose, title, or non-infringement,
whether arising by law, course of dealing, course
of performance, usage of trade or otherwise, all of
which are expressly disclaimed.

The exclusive remedy for defective product is
outlined in Pacific GeoSource’s Standard Terms
and Conditions of Sale, available upon
request. CONSEQUENTIAL DAMAGES ARE
SPECIFICALLY EXCLUDED.

Pacific GeoSource reserves the right to change the
features and specifications of its products without
prior notice. © 2020 Pacific GeoSource

Superior Asphalt Performance

USE ACE XP Polymer Fiber To:

Improve Crack Resistance
Improve Rut Resistance
Improve Strength

Gain

Reduced Crack Filling Cost
Reduced Pot Hole Filling Cost
Reduced Pavement Thickness (If Desired)
Reduced Overlay Cost

Achieve

Longer Lasting Pavement Performance
Reduced Maintenance Cost Over the Life of Pavement
A Happier Traveling Public

Superior Asphalt Performance
ACE XP Polymer Fiber™ is a true achievement in additive technology to enhance asphalt concrete performance.

ACE XP Polymer Fiber™ extends pavement service life by dramatically improving the dynamic modulus of the asphalt layer and increasing the asphalt's resistance to cracking and rutting (distresses that may cause premature failure). To create ACE XP Polymer Fiber™, high-strength man-made “aromatic polyamide” or Aramid Fibers are bundled and coated with Sasobit® wax to create an asphalt concrete additive that is simple to mix with any WMA or HMA in through a drum and or batch asphalt operation. The 3-dimensional reinforcement throughout the asphalt layer increases the asphalt’s resistance to cracking, rutting, and fatigue while providing improved ESAL (Equivalent Single Axel Load) capacity.

ACE XP Polymer Fiber™ is engineered for performance.

Aramid Fibers are used extensively in many industries and applications including ballistic protection, heat & cut protection, automotive, ropes & cables, conveyor belts, etc. However, i t takes a special fiber to withstand the extreme production temperatures of asphalt concrete without changes occurring to the reinforcement properties of the fiber.

That is why ACE XP Polymer Fiber™ uses aramid fibers exclusively. Aramid is a unique man-made, high-strength polymer fiber boasting high tensile strengths over 400,000 psi (5 x steel), a superior stress/strain relationship, and decomposition temperatures of 932oF (well above asphalt mixing temperatures of 400oF). Both ¾” long and 1.5” long fiber lengths are available for superior long-term performance.

Material Property Measure
Material Para-Aramid Fiber
(50-52% by weight)
Form Filament Yarn
Tensile Strength > 2.758 (GPa)
Elongation at Break 95 (GPa)
Specific Gravity 1.44-1.45 (g/cm3)
Decomposition
Temperature
> 800 (˚F)
Treatment Type Sasobit® Wax
(48-50% by weight)
Treatment Melting
Temperature
> 170 (˚F)
Length ¾” & 1.5” +/-0.05 (inch)
Appearance/Handling Free Flowing Coated Fiber
Bundles (visual)
Aramid Fiber
(2.1 ounces/ton)

Sasobit® Wax
(2.1 ounces/ton)
Aramid
PET & Cellulose
ACE Fiber Specifications Aramid Stress/Strain Curves
ACE XP Polymer Fiber™
(4.2 ounces/ton)

Superior Asphalt Performance

How does ACE XP Polymer FiberTM reinforce asphalt concrete?

As the standard dosage of ACE XP Polymer Fiber™ is mixed into WMA or HMA (4.2 ounces of ACE Fiber™ per ton of asphalt concrete), the Sasobit® wax melts at approximately 170oF, releasing millions of Aramid Fibers uniformly throughout each ton of asphalt concrete. Aramid is a unique polymer fiber that has hair-like fibrils which root tenaciously in the liquid asphalt binder and bond to small granules and aggregates. Through the combination of high tensile strength, strength at low strain, and "fiber anchoring" ACE XP Polymer Fiber™ delivers reinforcement to asphalt concrete and enhances the strength and durability of the finished asphalt concrete mix.

ACE XP Polymer Fiber™ (Before & After)
Aramid Fibers have fibrils that anchor and bond
themselves within the liquid asphalt binder and
granules increasing the tensile strength of the mix.

ACE XP Polymer Fiber™ microscopic
photos after chemical extraction
Orcutt Garey Rd. – Santa Barbara, CA (2016)

Superior Asphalt Performance
Has ACE XP Polymer FiberTM been Lab tested?

Has ACE XP Polymer FiberTM been Field tested?

Lab Test Description ACE XP Results
Lab - TTI Overlay Tester
Thermal/Reflective Cracking
+140%
Lab - DC(T) Test
Low Temperature Fracture Energy
+21%
Lab - IDT Strength Test
Low Temperature Strength @ Critical Crack Temperature
(Ran both ¾” and 1 ½” ACE XP Lengths)
+8 to 17%
Lab - IDT Creep Compliance Test
Determine Low Temperature Critical Cracking Value
(Bottom PG Number)
-4.3o C
(-1 PG – Bottom Number)
Lab - Hamburg Rut Test
Determine Rut Resistance of Various Asphalt Mixes
(Top PG Number)
PG64-22 (w/ ACE) = PG70-22
(+1 PG – Top Number)
Lab - Hamburg Rut Test
Determine Rut Resistance of Various Asphalt Mixes
(Top PG Number)
PG70-22 (w/ ACE) = PG76-22
(+1 PG – Top Number)
Lab – Flow Number Test (FN)
Determine Rut Resistance of ODOT Level 3 mix vs Control (Ran both ¾” and 1 ½” ACE XP Lengths)
+37.5%
Lab – Flexibility Index Test (FI)
Determine Fatigue Cracking Resistance of ODOT Level 3 mix vs Control (Ran both ¾” and 1 ½” ACE XP Lengths)
+37%
Lab – IDEAL CT Cracking Test
Determine IDEAL CT Crack Index of TxDOT Dense Grade 64-22 vs Control – (1 ½” ACE XP Lengths)
+36%
Lab – IDEAL CT Cracking Test
Determine IDEAL CT Crack Index of TxDOT SuperPave 76-22 vs Control (1 ½” ACE XP Lengths)
+58%
Field Test Description ACE XP Results
Field – APLT (Automated Plate Load Test) Static Creep
Measure Plastic Deformation of In-Place Asphalt (Rut) vs Control +11 to 19%
Rebound Ratio over Control
Field – APLT (Automated Plate Load Test) Elastic Modulus Measure Elastic Modulus of In-Place Asphalt w/ ACE Fiber +150%
Field – APLT (Automated Plate Load Test)
SN Layer Coefficient, a1 Back Calculate SN Layer Coefficient, a1 using Measured Elastic Modulus
+40%
Field – APLT (Automated Plate Load Test)
ESAL Prediction Using AASHTO 93 Calculate Increase ESAL Capacity of In-Place Asphalt Reinforced w/ ACE XP Polymer Fiber
+100% or more
Depending of Depth of Asphalt
Field – APLT (Automated Plate Load Test)
Measure Plastic Deformation of In-Place Asphalt (Rut) vs Control at various simulated tire pressures ranging from 150 to 750psi
24% to 31%
Less Rutting Depth
Field – APLT (Automated Plate Load Test)
Measure Plastic Deformation of In-Place Asphalt (Rut) vs Control at constant load of 20,000 lbs. for 15 minutes
61%
Less Rutting Depth

Superior Asphalt Performance
Does ACE XP Polymer FiberTM Lab performance translate to Field performance?

During summer months when asphalt pavements get hot and "soften" it is easier for wheel loads to create ruts in the surface, but not when millions of Aramid Fibers are rooted in the asphalt because they provide resistance to the “flow” of the soft binder. Likewise, in winter months when asphalt pavements are cold, and the asphalt shrinks and expands, ACE XP Polymer Fiber™ provides added tensile strength to the asphalt and enhances the pavement’s resistance to thermal cracking as well as fatigue cracking that tends to happen du ring at higher temperatures.

ACE XP Polymer Fiber™ - 1st
Commercial Installation –
Burnside Road – Portland, OR
(June 2014)

Burnside Road is a heavily
traveled arterial roadway in
downtown Portland, Oregon.

The City chose this roadway for
their first ACE XP project due to
the poor condition of the existing
roadway at the time. Both
cracking and some rutting,
especially at the intersections
was obvious. These photos were
taken in March of 2017 after 3
winters by the City of Portland
and shared with Surface Tech. Burnside Road – Portland, OR (2014) Burnside Road – Portland, OR (2014) Burnside Road – Portland, OR (2014) Burnside Road – Portland, OR (2014)

Superior Asphalt Performance

ACE XP Polymer Fiber™ -
Butler County, Ohio -
Westchester Rd. Overlay Test
Project
(Before & After)

Reflective cracks from extensive
thermal cracking in Control lane
propagated through the asphalt
overlay less than 10 months
after the 1.5-inch overlay was
completed, but not through the
ACE XP Polymer Fiber™
Reinforced lane even a year
later. Rutting is also controlled.

Westchester Rd - 2016
Westchester Rd - 2015
ACE XP Polymer Fiber™ -
Sadieville, KY – LOVE’S Travel
Center (2015 - Before & After)

Building a pavement section that
can handle the pounding of the
daily Truck Traffic is very
appealing to LOVES. Beside the
cost of the building, asphalt
maintenance is the second largest
expense for each location over the
life of the Travel Center. Reducing
the cost of this maintenance and
the disruption caused by such
maintenance was instrumental
for LOVES to trust their
pavements to ACE XP Polymer
Fiber.

Travel Center Entrance – November 2015
Travel Center Entrance – November 2015
Travel Center Entrance – April 2016
Travel Center Entrance – March 2018

Superior Asphalt Performance
Is ACE XP Polymer FiberTM reinforced asphalt concrete easy to pave with?

Absolutely! Once ACE XP Polymer FiberTM is dispersed
throughout the asphalt mix, millions of light-weight aramid fibers go to work reinforcing the asphalt mix, but they do not cause any changes to the working characteristics of asphalt mix. ACE XP Polymer FiberTM reinforced asphalt concrete goes through the paver in the exact same way, it can be raked and shoveled the in the same way and can be compacted the same way using the same equipment. All laydown procedures are seamless, making adoption of the technology easy and cost effective. Add ACE XP Polymer FiberTM to overlays and new pavements alike.

How do I assure the right amount of ACE FiberTM gets added to my asphalt?

Although ACE XP Polymer Fiber TM is engineered with controlled amounts of Sasobit® Wax in order to efficiently disperse the Aramid Fiber throughout the asphalt mix, Surface Tech recognizes the importance of proper dosage and mixing of the ACE XP Polymer Fiber TM during production at the asphalt plant. ACE XP Polymer FiberTM is easily included into the asphalt mixing process at both batch and drum plant facilities. A simple-to-operate Line-Vac® Compressed Air Delivery System or the Automated Micro Doser MD3+ is used to transport the appropriate amount of ACE XP Polymer Fiber TM to either the mixing drum of a drum plant or the pug mill/weigh hopper of a batch plant.

Once ACE Fiber TM is fed into mixing drum, the Sasobit® wax becomes fully soluble in the liquid asphalt binder and releases millions aramid fibers to be dispersed throughout the heated aggregate and Recycled Asphalt Pavement (RAP) prior to the injection of the liquid asphalt binder. The addition of a single dose (4.2 ounces per ton of asphalt) of ACE XP Polymer FiberTM does not change the asphalt volumes or require any change to the job mix formula (JMF).

Every ACE XP Polymer Fiber TM sale provides a robust QA/QC program to ensure the right amount of ACE XP Polymer FiberTM makes its way into each ton of asphalt concrete for every project. Asphalt producers may choose from the following options to perform Certified ACE XP Polymer Fiber TM mixing at their plants:

Full Service – Provided by a Trained and Certified QA/QC Technicians Do-it-Yourself (DIY) – Self Perform after Training & Certification is Obtained

The Line-Vac® is used to
transport ACE Fiber™ to the RAP
Collar at a Drum Plant
The Micro Doser MD3+ delivers
ACE Fiber™ continuously to
either the Drum or Pug Mill
Both QA/QC Methods ensure
ACE Fiber™ is well dispersed
in the Asphalt Mix

Superior Asphalt Performance
ACE XP Polymer FiberTM Value Proposition Examples:

Adding ACE FiberTM to an asphalt concrete mix design, an engineer, owner or agency can expect the following Value- Added Results:

1. ADD tremendous amount of strength and durability at VERY LITTLE COST

2. ADD some strength and durability at NO COST

3. SAVE COSTS in-lieu of traditional methods (Polymer Modified Binder or Interlayers)

400 W. Broadway, Suite 400
San Diego, CA 92101
(619) 750-1851
www.surface-tech.com
Locally Distributed By:

Increase Durability of Overlay
In-lieu of Reflective Crack Interlayers
In Lieu of Polymer Modified Binder
Strengthen Light Duty Pavements
Optimize Heavy Duty Pavements

1.5" asphalt overlay with ACE
Service Life increase: >50%
Cost Increase: +/- $1.00 per SY

1.5" asphalt overlay with ACE
Service Life increase: >50%
Cost Savings: $1-10 per SY

1.5" asphalt overlay with ACE
Equal Service Life BUT Easier Lay Down
Cost Neutral: $0.00 per SY

3.0" light duty asphalt with ACE
ESAL increase: >160%
Cost Increase: +/- $2.00 per SY

5.0" heavy duty asphalt with ACE
(In-lieu of 6" w/o ACE)
ESAL increase: >40%
Cost Neutral: +/- $0.00 per SY

202
Appendix I:

San Diego Regional Standard Drawings and VID
Standard Plans

10/25/2018

203
Appendix J:

Sample Public Notification Documents

NOTICE
2023 Pedestrian Mobility
Sidewalks Project

WORK WILL START IN MONTH YEAR AND CONTINUE UNTIL MONTH YEAR The City of Vista has retained _________________ of __________, CA to construct sidewalk and curb ramp improvements along W. California Ave from N. Santa Fe Ave to Calle Chapultepec.

The construction will require the implementation of traffic control to accommodate the work.

Curb ramps and pedestrian traffic in the areas described above will be temporarily affected.

Vehicle access through the work zone will also be temporarily affected but the streets will remain open to through traffic.

We will endeavor to complete this work as quickly as possible and with a minimum of inconvenience to you. Thank you for your understanding and cooperation during the construction of this project.

If you have any questions about the project or any concerns during construction, please contact one of the individuals below:

City Project Manager City Inspector Construction Contractor Name Name Name
Engineering Department Engineering Department Company
(760) 643-____________(760) 726-1340 x-____ Phone number [email protected] [email protected] E-mail address Sincerely,
Project Manager Name
City of Vista, Engineering Department

NOTIFICACION
Movilidad Peatonal 2023
Proyecto de Banquetas
El trabajo comenzara MONTH YEAR y terminará MONTH YEAR
La ciudad de Vista ha contratado a ____________ de ____________, CA para la construcción de banquetas y entradas por las siguientes calles:

Woodrail Drive a Gannet Drive
La construcción requiere control de tráfico para poder trabajar. Las entradas y tráfico peatonal en las áreas mencionadas anteriormente serán temporalmente afectadas.

El acceso vehicular en el área de construcción también será temporalmente afectado, pero las calles se mantendrán abiertas al tráfico.

Esperamos completar este trabajo lo más pronto posible con mínimas molestias. Le agradecemos su comprensión y cooperación durante la construcción de este proyecto.

Si tiene alguna pregunta o preocupación durante la construcción, por favor comuníquese con cualquiera de las siguientes personas:

Gerente del Proyecto Inspector de la Ciudad Contratista de Construcción Name Name Name
Departamento de Ingeniería Departamento de Ingeniería Company (760) 643-____________(760) 726-1340 x-____Phone number [email protected] [email protected] E-mail address Atentamente,
Gerente del Proyecto para la Ciudad, Name
Ciudad de Vista, Departamento de Ingeniería

City of Vista
Engineering Department NOTICE
2022 Sidewalks
Project NO PARKING
7:00 A.M. - 5:00 P.M.

SORRY FOR THE INCONVENIENCE
Your side of the street MUST BE CLEAR OF PARKED VEHICLES on:
so that our contractor can construct new sidewalk and driveways in your neighborhood.

Since parking on the street will be prohibited and your driveway will be replaced on this date, PARK YOUR CAR ON THE OPPOSITE SIDE OF THE STREET OR ON AN ADJACENT, NON-POSTED STREET before
the time listed in this notice so that you will not be deprived of its use.

PARKED CARS WILL BE TOWED
You will NOT BE ALLOWED TO USE YOUR DRIVEWAY OR THE
SIDEWALK on your street until the concrete surface cures. Please obey all construction area signs.

Please do not permit water to run down your driveway, across the sidewalk or in the gutter during street work. This will help the concrete to cure. If your trash is scheduled for pick up on this date, please have it out by 6:00 a.m. Access to your house will be provided.

UNDER NORMAL WEATHER CONDITIONS your street should generally be back in service by 5:00 p.m. However, the construction delays and unforeseen problems could affect the completion time. Work not done because of wet weather or unforeseen circumstances will be rescheduled and you will be re-notified within the next 2 weeks.

We realize the inconvenience caused by limited access to your house.

Please understand that the inconvenience caused at this time is minor compared to the convenience of having sidewalk in your neighborhood.

THANK YOU FOR YOUR COOPERATION
City of Vista, Engineering Department (760) 7639-6113

Ciudad de Vista
Departamento de Ingeniería
AVISO
Proyecto de mejoramiento de
banquetas para el año 2022
No habrá estacionamiento
De las 7:00am hasta las 5:00pm
Sentimos la molestia
Su lado de la calle debe estar libre de vehículos estacionados el día:
para que el contratista pueda construir nuevas banquetas y entradas de autos en su vecindario.

Ya que se prohibirá el estacionamiento en la calle y su entrada temporalmente, estacione su coche en el lado opuesto de la calle o en una calle cercana antes del horario mencionado en este aviso para prevenir que su carro sea remolcado.

LOS COCHES ESTACIONADOS SERÁN REMOLCADOS
No se permitirá el uso de su entrada de carro hasta que se concluya la construcción de la banqueta. Por favor obedezca todas las indicaciones de la zona de construcción.

Por favor no permita que el agua corra por el camino de la entrada, sobre la banqueta, o en el canal durante la construcción de la calle. Esto ayudará que el concreto se seque. Si la colección de basura está programada para esa fecha, por favor asegúrese que los botes de su basura estén afuera a las 6:00am. Se proporcionará acceso a su casa para la colección de la basura.

Bajo condiciones normales de clima, generalmente su calle debe ser accesible después de las 5:00pm. Sin embargo, problemas imprevistos y retrasos de construcción podrían afectar la fecha de terminación del proyecto. Si el trabajo se retrasa por lluvia o por circunstancias imprevistas, será reprogramado y se le notificará en un lapso de 2 semanas.

Estamos conscientes de las molestias causadas por acceso limitado a su casa.

Por favor, comprenda que las molestias ocasionadas en este tiempo son temporales y menores en comparación con la comodidad de tener banquetas nuevas en su comunidad.

GRACIAS POR SU COLABORACION
Ciudad de Vista, Departamento de Ingeniería, (760) 7639-6113

204
Appendix K:

Project Sign Layout Example

City of Vista
Pedestrian Mobility Sidewalk Project
Construction Schedule:

Dec 2023 to March 2024
Vista City Council
Mayor John B. Franklin
Deputy Mayor Corinna Contreras, District 1
Council Member Joe Green, District 2
Council Member Katie Melendez, District 3
Council Member Dan O'Donnell, District 4
Project financed by:

The United States Department of
Housing and Urban Development—
Community Development Block Grant
Working Together to Build a Better Community!

205
Appendix L:

City of Vista Encroachment Permit

ENCROACHMENT PERMIT APPLICATION FORM
Please print required information

ENGINEERING DEPARTMENT
200 CIVIC CENTER DR.

VISTA, CA 92084
(760) 639-6111
JOB AND OR DRAWING NUMBER: ISSUED BY: DATE:

JOB SITE ADDRESS OR DESCRIPTION: PERMIT #: PERMIT EXPIRATION DATE:
48 HOUR NOTICE REQUIRED FOR

INSPECTION AND PRIOR TO START OF WORK
CALL (760) 639-6113
ASSESSOR'S PARCEL NUMBER (APN):

CONTRACTOR:

YOU MUST CALL UNDERGROUND SERVICE ALERT AT
(1-800-422-4133)
(2)WORKING DAYS PRIOR TO WORK
UNDERGROUND SERVICE ALERT NO.

THIS PERMIT IS INVALID WITHOUT THIS NUMBER
CONTRACTOR'S MAILING ADDRESS:

CITY ZIP
EMAIL ADDRESS: A CASH SECURITY is required for trench excavation or any work not covered by construction bonds. CASH SECURITY shall be a minimum of $500 or equal to the cost of the proposed improvements within the City's right-of-way. CASH SECURITY may be returned as follows. For deposit amounts greater than $500, ninety percent (90%) of the CASH SECURITY may be returned upon completion and approval of the improvements by the City Engineer or his designee. The remaining ten percent (10%) or a minimum of $500 will be retained for a period of (1) year after the date that the work is completed. CASH SECURITY will be forfeited and used to correct defects, unacceptable work, trench failures or subsidence if corrective work is not completed within (5) working days after notification.

PHONE#:FAX#:

STATE LICENSE NUMBER BUSINESS LICENSE NUMBER
DESCRIPTION OF WORK:

JOB SITE CONTACT: I agree to save, keep and hold harmless the CITY OF VISTA, its officers and agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or omission by the contractor, or any of the contractor's employees, or any sub-contractor. The CITY OF VISTA will not be liable for any accident, loss or damage to the work prior to its completion and acceptance.

CELL PHONE #
START
DATE

ESTIMATED

COMPLETION DATE

THE FOLLOWING MUST BE INCLUDED OR EMAILED
WITH PERMIT APPLICATION: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability, for workman’s compensation or to undertake self-insurance in accordance with the provisions of said Labor Code and I will comply with such provisions before commencing the performance of the work of this contract.

TRAFFIC CONTROL PLANS (1 COPY)
SITE PLAN / VICINITY MAP (1 COPY)
CONSTRUCTION PLANS (1 COPY)
LIABILITY INSURANCE (1 COPY)
WORKMAN'S COMP INSURANCE (1 COPY)
CITY OF VISTA BUSINESS LICENSE (1 COPY)
I hereby acknowledge that I have read this application and certify that the information given is correct. I agree to comply with all applicable city ordinances, state laws and with the requirements of this permit.

CALOSHA PERMIT (1 COPY)

PLEASE SEND EMAIL SUBMISSIONS TO THE
FOLLOWING EMAIL ADDRESS:
[email protected]

SIGNATURE

PRINT NAME
DATE
NOTICE: THIS IS NOT AN ENCROACHMENT PERMIT - CONTRACTOR MUST SIGN ACTUAL PERMIT IN PERSON Version Date July 2023

CITY OF VISTA
Requirements for Encroachment Permits

1.Must have State Contractor’s License.

2.Required License Types: For trenching, only A, C-34, C-36 & C42 allowed Additional License Types may be allowed for Surface Improvements

3.State of California Occupational Safety and Health Permit (CALOSHA).

4.Must submit applicable Underground Service Alert Number, if applicable.

5.Must have valid City of Vista Business License.

6.Must have Workers Compensation Insurance with the City of Vista as Certificate Holder.

7.Must have Liability Insurance with the City of Vista listed as the Certificate Holder and as Additional Insured.

If working in a street or easement, liability amount must be at least $1,000,000.00 For surface improvements - sidewalks or driveways amount must be $500,000.00

8.Must have $1,000,000.00 of pollution liability insurance if doing any work on or within public sewer manholes or public sewer mains.

9.Must adhere to the attached City Notices for Traffic Control, Materials, and Stormwater standards.

10.Permit Fee & Required Cash Trust Deposit: Minimum cost of permit is $1,669.85 plus a minimum cash trust deposit of $500.00 or an amount equal to the cost of the improvements being done within the City’s right-of-way. Minimum permit fee covers 3 hours of inspection time and 30 minutes for preconstruction meetings. Additional fees will be due if more than 3 hours of inspection time is required.

Trust Deposit may be returned as follows.

Ninety percent (90%) of Cash Deposit may be returned upon completion and approval of the improvements by the City Engineer or his designee.

The remaining ten percent (10%) or a minimum of $500.00 will be held for a period of one year after the completion and final approval of the work and may be returned if the funds are not required to correct improvement defects, unacceptable surface work and trench failure or subsidence which is not corrected within (5) working days after notification.

APPROVABLE TRAFFIC CONTROL PLANS MUST TO BE SUBMITTED WITH PERMIT APPLICATION. ISSUANCE OF PERMIT MAY BE DELAYED IF NOT SUBMITTED.

TRAFFIC CONTROL PLANS MUST MEET ALL REQUIREMENTS MANDATED WITHIN THE CALIFORNIA MANUAL ON TRAFFIC CONTROL DEVICES.
200 Civic Center Drive • Vista, CA 92084 • Ph 760-639-6111 • Fax 760-639-6112

PLEASE NOTE
Additional Insured Endorsements must be included
as attachments to the Certificate of Liability Insurance ***** Endorsements must cover Ongoing and Completed Operations *****

CITY OF VISTA - Notice
The following General Traffic Control Conditions shall be considered a part of the City of Vista Encroachment Permit Traffic Control and Standards

1.Telephone Engineering Inspection at 760-639-6113, 48 hours prior to any work in the City right-of-way.

2.The traffic control plan must be prepared by either a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone Traffic Control Contractor) or be a California registered Traffic or Civil Engineer.

3.The traffic control plan must be in accordance with the latest edition of the California MUTCD or the San Diego Regional Standard Drawings.

4.The Encroachment Permit shall be kept on the worksite during all ongoing work with the City-approved traffic control plan.

5.Traffic control shall be set and maintained per the City approved traffic control plan. Barricades shall be Type II Flashing, with reflectorized delineators and signs, if required for night operations. Minimum lane width is 11 feet.

6.No street shall be closed without the approval of the Traffic Engineer pursuant to a City approved traffic control plan.

7.Pedestrian walkway shall be left open or detoured using a minimum four-foot- wide safe passageway pursuant to a City approved traffic control plan.

8.Normal working hours are 7:00 a.m. – 5:00 p.m., Monday through Friday unless indicated otherwise on the City approved traffic control plan.

9.Work in the public right-of-way shall be Monday through Friday only. No work is allowed on Saturday, Sunday, or City Holidays without prior City approval.

10. Upon permit expiration, all work ceases until a new permit application is submitted and approved. Existing permit time extension requests must be submitted prior to expiration date of permit.

11. No construction vehicles shall be parked upon public sidewalks. VCC

10.24.040.

12. It is the permittee’s responsibility to protect against any dirt or debris from being deposited within the City storm drain system. See attached stormwater pollution prevention requirements.

13. The permittee is required to immediately comply with all directives issued by the City Inspector to eliminate dust, mud, or other site nuisance. 200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 * Fax 760-639-6112

CITY OF VISTA - Notice
The following Materials and Standards shall be considered a part of the City of Vista Encroachment Permit
Materials and Standards

1.The permittee is responsible to perform all work and conduct operations per City approved editions of the SSPWC, SDRSD, CITY STDS, CODES, this PERMIT, and all other applicable requirements.

2.No trenches shall be left open overnight. Trenches shall either be plated with recessed non-skid trench plates and all edges sealed with temporary AC seal, or backfilled and paved with a minimum of 2” of compacted 3/4" B2 PG 64-10 hot mix. Temporary AC Cold Mix is not allowed unless authorized by the City Engineer. For trenches wider than 4-feet, a paving machine is required.

3.Curb, gutter, sidewalk, driveways, and curb ramps shall be sawcut to an even line and be removed joint to joint per SDRSD G-11.

4.Curb and gutter and cross gutter shall be removed as directed by the City Inspector. Concrete removal will require a 1’ minimum section of asphalt sawcut and repave.

5.Permanent asphalt placement shall be per City of Vista Std. Dwg. SRF-08A & 08B. Two-inch (2") grind and cap is required for all trenches and shall extend a minimum of 4 feet wide or 12- inches from the outside edge of the trench whichever is greater. AC shall be placed using a spreader box or a paving machine. Cap with 1/2" Med. C2-PG 64-10 RAP unless otherwise noted. Streets paved with rubberized asphalt shall be capped with the same material.

6.All damaged roadway striping shall be replaced in kind.

7.All concrete placed shall be transit mix, unless waived by the City Inspector.

8.Two-sack slurry backfill is required when tunneling under curb and gutter.

9.All subgrade (12” depth) and basegrade material shall be compacted to 95 percent density.

Sidewalk sub/base material shall be compacted to 90 percent density. Certification, including compaction testing, shall be provided by the Permitee unless waived by the City Inspector.

10.No excavated material shall be hauled to a site within the City of Vista, without City Inspector knowledge of the end haul location, and the appropriate permits.

11.Any continuous hauling operation will require a City approved Haul Route Permit, prior to commencing the haul. Hauling of dirt/rock etc. without this permit may subject this haul to an immediate Stop Work Notice.

12.Approved City materials for construction include:
a.Asphalt: Surface course – ½” Med. C2-PG 64-10 RAP, Min. .10 thick Base course – ¾” Med. B-PG 64-10 RAP
Berm – D2-AR-8000
[Performance Grade (PG) asphalt binder may be substituted for AR-8000 asphalt binder in AC Berm]
b.Concrete for structures – 6-sack 3250 PSI min.
c.Concrete for curb and gutters, sidewalks, driveways – 520-C-2500 min. d.Base material for curb ramps – 6” Class II/Caltrans 26-1.02B e.Street base material – Class II
f.Sidewalk base material – 6” Class II
g.Curing compound on all concrete – Type I SSPWC 303-5.6 All standards are considered minimum and may be revised by the City depending upon field considerations, standards and materials approved on a signed City plan, supercede above materials and standards. It is the permittee’s responsibility to understand and implement all Standards, Codes and other applicable requirements. 200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 * Fax 760-639-6112

CITY OF VISTA – NOTICE
The following Stormwater Pollution Prevention Requirements shall be considered part of the City of Vista Encroachment Permit Stormwater Pollution Prevention Requirements
Project Activity Required Pollution Prevention
Trash & Waste Generation
**REQUIRED FOR ALL
PROJECTS**
Permittee shall inform any on‐site employees of these pollution prevention requirements.

Within or adjacent to the encroachment area, permittee shall:
•Collect and contain all construction trash, waste, and debris •Promptly contain and clean any spill on site
•Routinely inspect site, remove loose trash, and prevent spills •Properly dispose of any hazardous materials
•Not wash down surfaces unless water is collected and removed or directed to landscape
•Close lids in trash collection areas when not in use
Digging of Dirt – excavation,
trenching, demolition of
structures or grading
Within or adjacent to the encroachment area, permittee shall:
•Prevent dirt from migrating into street, sidewalk, or storm drain •Protect nearby storm drain inlets with perimeter controls and/or filter fabric •Install and maintain effective erosion and sediment controls •Cover exposed soils using mulch, tarps, or erosion control devices •Secure tarps over dirt and debris piles
•Routinely sweep site to remove and properly dispose of dirt generated by work Driveway or Sidewalk Within or adjacent to the encroachment area, permittee shall:
•Direct surface runoff to landscape areas, where feasible •Follow Required Pollution Prevention Requirements for “Digging of Dirt” •Follow Required Pollution Prevention Requirements for “Concrete, Paint, Mortar, or Stucco Work”
Concrete, Paint, Mortar, or
Stucco Work
Within or adjacent to the encroachment area, permittee shall:
•Contain wet mixing areas within confined area
•Prevent concrete, paint, mortar or stucco material from migrating into street, sidewalk or storm drain
•Properly dispose of waste material generated by work
Temporary Storage of
Materials Outside
Within or adjacent to the encroachment area, permittee shall:
•Elevate work materials off ground where possible, such as on pallets •Secure tarps over work materials stored outside
Washing of Material,
Equipment, or Surface
Within or adjacent to the encroachment area, permittee shall:
•Not wash down surfaces unless water is collected and removed or directed to landscape
Landscaping and Irrigation
Systems
Within or adjacent to the encroachment area, permittee shall: Not store landscape materials in street
Prevent dirt from migrating into street, sidewalk, or storm drain Secure tarps over piles of mulch or soil
Routinely sweep site to remove and properly dispose of dirt generated by work Not wash down surfaces unless water is collected and removed or directed to landscape
Test irrigation system, preventing overspray and runoff from hard surfaces

IMPROVEMENT PLANS FOR
GENER�L NOTES ! 2023 -AVENIDA DE BENITO JUAREZ SIDEWALKS

1.CON STRUCTION PERMIT IS REQUIRED FOR ALL CON TRACTORS PERFORMIN G AN Y OF THE WORK SHOWN ON THIS Community Development Block Grant (CDBG) -Federally Funded Project WORK TO BE DONE PLAN . THE PERMIT CAN BE OBTAIN ED AT THE CITY OF VISTA COMMUN ITY DEVELOPMEN T SERVICES CEN TER, 200 CIVIC CEN TER DRIVE, VISTA, CA. A PERMIT WILL BE ISSUED ONLY TO THE CON TRACTOR WHO IS TO PERFORM THE WORK. THE PERM/TT££ SHALL GIVE N OTICE TO THE CITY OF VISTA EN GIN EER/N G IN SPECTION DEPARTMEN T FOR A PRE-CON STRUCTION CON FEREN CE AT LEAST 48 HOURS PRIOR TO COMMEN CIN G THE WORK. ANY WORK DON E WITHOUT PROPER IN SPECTION WILL BE SUBJECT TO REJECTION . PHON E: 760-639-6113 FOR IN SPECTION .

2.THE CON TRACTOR SHALL BE RESPON SIBLE FOR THE LOCATION AN D PROTECTION OF ALL UTILITIES. FOR LOCATIONOF UN DERGROUND UTILITIES, OR FOR EMERGEN CY ASSISTAN CE CALL:

UN DERGROUN D SERVICE ALERT S1N DIEGO GAS & ELECTRIC
Af&T 111STA /RR/GA TION DISTRICT 111STA /RR/GA TION DISTRICT ' C(j)X COMMUN /CATION STIME WARNER CABLE Ct1TY OF VISTA Cl!TY OF 111STA (EMERGENCY) (EMERGENCY) (EN GIN EERIN G DEPT) (EMERGENCY) (EMERGENCY) (EMERGENCY) (MAIN N UMBER) (ENG/N EE.RIN G DEPT.) PRESS 811 800-411-7343PRESS 611 760-597-3116760-597-3131760-599-6063760-438-7741760-726-1340760-639-6711 CITY OF 111.STA AFTER HOURS EMERGENCY DISPATCH FOR SEWER SPILLS OR STORM DRAIN CON TAMIN ATION :

N ORTH CO!IN TY DISPATCH JPA (N CDJPA) ("N ORTH COMM") (EMERGEN CY) @ 858-756-3006. I CALL

3.ALL WORK jSHALL BE DON E IN ACCORDAN CE WITH THESE PLANS, THE PROJECT SPECIF/CATIONS, THE STAN DARDSPECIF/CA T(ON S FOR PUBLIC WORKS CON STRUCTION ('GREENBOOK"), AN Y SUPPLEMEN TS, AND THE SAN DIEGO REGIONAL f,UPPLEMENT TO THE STAN DARD SPECIF/CATION S FOR PUBLIC WORKS CONSTRUCT/ON, AS LAST AMEN DED.

4.THE STREET STRUCTURAL SECTION SHALL 8£ AS SHOWN ON THE CROSS SECTION OR DETAIL SHEET. ALLDRIVEWAY APRON S, CURB & GUTTER, AN D SIDEWALKS WITH UN DERLYIN G SOILS HA VIN G AN 'R' VALUE LESS THAN25 MUST HAVE A MIN IMUM OF 6" CLASS 2 AGGREGATE BASE OR APPROVED EQUAL

5."AS-BU/LTi' DRAWIN G(S) SHALL BE SUBMITTED BY THE CON TRACTOR AND APPROVED BY THE CITY ENGIN EER PRIOR70 THE ACCEPTAN CE OF THE IMPROVEMEN TS. SEPARATE "AS-BUILT" DRAWIN G(S) SHALL BE SUBMITTED FOR THE STREET LIGHTIN G SYSTEM (SEE CITY OF 111STA STAN DARD DRAWIN GS ELE-1A > -IC AND ELE-2A > ELE-2E).

SPECl'AL NOTES
THE FOLLOWING N OTES ARE PROVIDED TO GIVE IN STRUCTION S TO THE CON TRACTOR BY THE EN GIN EER OF WORK. 1. ND/HER THE AGEN CY N OR THE EN GIN EER OF WORK WILL ENFORCE SAFETY MEASURES OR REGULATION S. THE CON TRACTOR SHALL DESIGN , CON STRUCT, AND MAIN TAIN ALL SAFETY DEVICES, IN CLUDIN G S/10RIN G, AN D SHALL BE SOLEL � RESPON SIBLE FOR CON FORMING TO ALL LOCAL, STA TE, AN D FEDERAL SAFETY AND HEALTH STAN DARDS,

2. �::::;1RR::;L:Tl:::E EXPLORATION EXCAVATION S AN D LOCATE EXISTIN G UN DERGROUN D FACILITIES SUFFICIEN 7l-Y AHEAD OF CON STRUCT/ON TO PERMIT CHAN GES TO PLAN S IF REll'lSION S ARE N£CESSARY B£CAUSE OF THE ACTUAL LOCATION OF EXISTIN G FACILITIES. N OTIFY THE EN GIN EER OF WORK OF AN Y DISCREPAN CIES BETWEEN THES£ PLANS AN D ACTUAL FIELD CON DITIONS PRIOR TO STARTING CON STRUCTION .

3.LOCA TJON IAN D ELEVATION OF IMPROVEMEN TS TO BE MET BY PROPOS[D WORK SHALL BE CON FIRMED BY FIELDMEASUREMENTS PRIOR TO CON STRUCTION OF N EW WORK.

4. BEFORE EXCAVATIN G FOR THIS CONTRACT, CON TRACTOR SHALL VERIFY LOCATION OF UN DERGROUN D UTILITIES.THE EXISTENCE AN D LOCATION OF AN Y UN DERGROUN D UTILITY CON DUITS OR STRUCTURES SHOWN ON THESE PLAN S HA1VE BEEN OBTAIN ED FROM AVAILABLE RECORDS ON LY AN D MAY N OT REFLECT ALL EXISTIN G UTLITIES. LOCATIONS OF ALL EXISTIN G UTILITIES SHALL BE CON FIRMED BY FIELD MEASUREMEN TS BY CON TRACTOR PRIOR TO CON STRUCTION OF WORK I 5.CON TRAC�OR IS REQUIRED TO TAKE PRECAUTION ARY MEASURES TO PROTECT THE UTILITY LIN ES SHOWN HEREONAND AN Y IOTI-IER EXISTIN G LIN ES N OT OF R£CORD OR N OT SHOWN ON THESE PLAN S.

6.W/1£RE TRENCHES ARE ADJACENT TO FUTURE BUILDIN G SITES, GEOTECHN /CAL REPORTS SHALL BE SUBMITTED TOTHE ENGIN EER OF WORK BY A QUALIFIED GEO TECHN ICAL EN GIN EER C[RTIFY/N G THAT TREN CH BACKFILL WAS COMPACTl:!D AS DIRECTED BY THE GEOTECHN ICAL ENGIN EER IN ACCORDAN CE WITH THE ON -SITE EARTHWORK SPECIF/CATIONS.

7.SAFETY FEN CES SHALL BE PROll'lDED BY THE CON TRACTOR WHERE REQUIRED BY THE CITY EN GIN EER TO PROTECTTHE PUBLIC.

8.DURIN G A(:TIVE CONSTRUCTION , AREAS SHALL BE WATERED TO REDUCE FUGITIVE DUST

9.CONTRAc7ioR SHALL ADJUST ALL PROPOSED AN D EXISTIN G FACILITIES TO GRADE.

10. CON TRACTOR SHALL REMOVE / REPLA CE / RELOCATE ALL EXISTIN G FACILITIES REQUIRED TO IN STALL PROPOSEDIMPROVEMENTS. I 11. CON TRAC7iOR SHALL REMOVE / REPLACE / RELOCATE AN Y LAN DSCAPIN G / HAN DSCAPIN G W/1/CH CON FLICTS INANY WA YI WITH /HE IN STALLATION OR PROPER FUN CTION ING OF THE PROPOSED IMPROVEMEN TS.

12.CON TRACTOR SHALL RELOCATE/ADJUST/REPLACE ANY EXISTIN G IRRIGATION WHICH IN TERFERES WITH THEPROPOSED IMPROVEMENTS, AND SHALL EN SURE THE PROPER FUN CTION IN G OF THE /RR/GA TION SYSTEM

73.CURB FACE HEIGHT SHALL BE 6" TO MATCH THE EXISTING CURB.' 14 CON TRAC�OR SHALL COORDIN ATE/SCHEDULE/IN FORM /HE CITY OF PROPOSED WATER METER RELOCATION S, CON FLICTS, ISSUES OR SERll'lCE SHUT DOWNS WELL IN ADVAN CE OF THE ACTUAL WORK. THE CON TRACTOR SHALL IN FORM THE, CITY OF AN Y COMMUN /CATION S WITH V/D OR RESIDEN CES. CON TRACTOR SHALL MIN IMIZE IMPACTS TO DISRUPTION OF WATER SERVICE. I 15.CON TRACTOR SHALL DOCUMEN T EXISTIN G STRIPIN G/MARKERS PRIOR TO ANY REMOVALS AN D REPLACE IN KIN D PER APPRO�AL OF PROJECT ENGIN EER. coN:TRACTOR'S NOTE
CONTRACTOR AGREES THAT IN ACCORDAN CE WITH GEN ERALLY ACC£PTED CON STRUCTION PRACTICES, CON TRACTOR WILL BE REQUIRED TO ASSUME SOLE AN D COMPLETE RESPON SIBILITY FOR JOB SITE CON DITION S DURIN G THE COURSE qF CON STRUCT/ON OF THE PROJECT, IN CLUDIN G SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMEN T SHALL BE MADE TO APPLY CONTIN UOUSLY AN D N OT BE LIMITED TO N ORMAL WORKIN G HOURS, AN D CON TRACTOR FURTHER AGREES TO DEFEN D, IN DEMN IFY AN D HOLD AGEN CY HARMLESS FROM AN Y AN D ALL LIABILITY, REAL OR iALLEGED, IN CO NN ECTION WITH THE PERFORMAN CE OF WORK ON THIS PROJECT, EXCEPTIN G LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE AGENCY. !

EROSION CONTROL
SEE ERos!oN CON TROL PLANS AN D PROJECT SPECIF/CATION S FOR EROSION CON TROL REQUIREMENTS.

UNDERGROUND SERVICE ALERT
SECTION 4216 & 4217 OF TH£ GOVERN MEN T CODE REQUIRES A DIG ALERT /DENT/FICA TION N UMBER BE ISSUED BEFORE A "PERM/ T TO EXCA VATE" WILL BE VALID. FOR YOUR DIG ALERT I.D. N UMBER CALL UNDERGROUN D SERll'lCE ALERT AT 811 TWO (2) WORKIN G QA Y BEFORE YOU DIG. WEB ADDRESS: www.digalert.org or www.cal/811.com (NOT REQUIRED)

APPROVED DATE
(GIP NO. 8290)
�
n D z z f'l n--l �nC --l
]> m ]> t::JN ]>
]> t::J f'l

AVENIDA DE BENITO JUAREZ
� f'l
(/) --l
n
]> r -'1 ,--------,,--------, ,--------, ,--------, D
I ,---------1-1------- I I ,-----1--1-----� I '------'"!"'--''------........ _____...._ _____ ..., < f'l

KEY MAP KEY MAP LEGEND

DESCRIPTION SYMBOL
SHEET INDEX SHEET NUMBER. . . . . . ,. .. .. . . . . (l) COVER SHEET . . . . . . . . . . . . . . . 1
N OTES SHEET 2 S/D[WALK & RAMPS . . . . 3 SIDEWALK AN D RAMPS 1 &5 . . . . . . 4 EROSION CONTROL. . . . . . . . . . . . 5 BEST MANA GEMEN T PRACTICES . . . . . 6 RIW

REFERENCE ORA WINGS
D -1227 D-3833 D-3756C
RIW 1-------------------50'------------------1
1----------25''-----------+-�--------25''------� PROPOSED REPLACE 6' CURB AND AND GUTTER, AS SHOWN PER SITE PLAN, INCLUDE 6' AGGREGATE BASE 1' SA WCUF-.,_ I ILY�!i!!ffl!l&!l!ffl;-� �-

TYPICAL SECTION
AVENIDA DE BE NITO JUAREZ FROM W. CALIFORNIA AVE TO W. CONN ECTICUT AVE NTS

1.17. ----,.

SIDEI/ALK PER PLAN,4' I/IDE MINIMUM ON 4' AGGREGATE6' MONOLITHIC CURB AS-NEEDED TO MATCH EXISTING PER SITE PLAN ---GRADE TO MATCH EXISTING, MAX 2,1 FOR SLOPES, DRAIN TOWARDS STREET �EX, GROUND VARIES
ADJUST EX, UTILITY BOX TO MATCH PRllPOSED GRADES
PERVIOUS CONCRETE INFILTRATION SWALE,MATCH SIDEWALK SLOPE AND BACK OF CURB ELEVATION, SEE SHEET 6 R/W RIV 1-------------------50'----------------�I
l----------25''----------1----------25''------�
5'---t-------20'--------1-�-----20'------+� 5'-�
RELOCATE CURB LINE, PROPOSED 6' CURB AND AND GUTTER, AS SHOWN PER SITE PLAN, INCLUDE 6'

AGGREGATE BASE
3'
TO EX. CURB TO NEW CURB 2.5'
PROPOSED SIDEWALKWIDTH PER PLAN, 4' I/ID[ MINIMUM UN 4' AGGREGATE6' MONOLITHIC CURB AS-NEEDED TO MATCH EXISTING PER SITE PLAN ---GRADE TO MATCH EXISTING, MAX 2,1 FOR SLOPES, DRAIN TOWARDS STREET •'-Ex, GROUND VARIES

TYPICAL SECTION
,-· I
1' SA I/CUT--=+-!� MATCH PROPOSED GRADES
-,-\_,

ADJUST EX, UTILITY BOX TO
& PAVEMENT RESTORATION REMOVE AND DISPOSE EX. CURB A ND GUTTER COV SRF-13 PERVIOUS CONCRETE INFILTRATION SWALE,AVENIDA DE BENITO JUAREZ , FROM AVENIDA DE LA PLAZA TO W. CllNNECTICUT AVE AND SMALL POP OUT AT NORTHEAST CORNER OF AVENIDA DE LA PLAZA NTS MATCH SIDEWALK SLOPE AND BACK OF CURB ELEVATION, SEE SHEET 7 STORMWATER HIGH PRIORITY INSPECTION WDID NO.
"AS BUILT"
RCE EXP. DATE
NOTE: QUAN11TIES ARE SHOWN IN THE SPECIF/CATION ARE APPROX/MA TE. CONTRACTOR IS RESPONSIBLE FOR VERIFYING BID QUAN1111ES PER PLAN, REVIEWED BY:

VISTA IRRIGATION DISTRICT
(NOT REQUIREDJ

DISTRICT ENGINEER RCE DATE
APPROVAL VALID FDR TV□ (2) YEARS FROM DATE

INSPECTOR DATE
Plotted -9/28/2023 11: 18: 55 AM : : Saved -9/28/2023 11: 00: 55 AM : : 0: \Engineering\Department 0nly\CIP\8290 -Pedestrian t.lobmty Sidewalks\Ave De Benito Juarez\Design\AVE DE BENITO JUAREZ -COV PLAN SHEETS -final.dwg : • jrivera I j
-�� . :t
l____,r-.
�-
\
OF 'v .t w � 'l--Y'---,it�� t� p 0
,��\J�.�C,.;ol=lfo-r�nlu--'Av'""' ---n-----\
THE IMPROVEMEN T WORK SHALL BE PERFORMED IN ACCORDANCE WIT/1 THE LA TEST EDITION OF THE FOLLOWIN G DOCUMEN TS, CURREN T AT THE TIME OF CON STRUCTION , AS DIRECTED BY THE CITY ENGINEER:

1.CITY OF VISTA DEVELOPMEN T CODE 2.CITY OF VISTA STANDARD ORA WIN GS3.THIS SET OF PLANS 4.THE STAN DARD SPECIF/CATION S FOR PUBLIC WORKS CON STRUCT/ON ("GREEN BOOK") AN D /HESAN DIEGO REGIONAL SUPPLEMEN T 5.THE SAN DIEGO AR£A REGION AL STAN DARD ORA WIN GS (OR AS MA YB£ MODIFIED BY THE CITYOF VISTA STAN DARD ORA WIN GS) 6.THE V/D STAN DARDS AN D SPECIF/CATION S FOR WATER LEGEND
COV -CITY OF VISTA STANDARD DRAWIN GS 1110 -111STA IRRIGATION DISTRICT STA N DARD DRAWIN GS SDRSD -SA N DIEGO REGION AL STANDARD DRAWIN GS . -,j\ ·.. ,,_ ..PROJECT LL-,___JOJ DESCRIPTION STANDARD SYMBOL ·,,_,__..11/ :,-A RIDGE s� ..J�­�' •
<,JJ, ¢ C
i SrrE "::} cl-"""'----""a.· JO;\J, Connecticut Ave. p

RIGHT OF WAY

PERVIOUS CON CRETE

ABBREV/A TIONS
ALL ABBREV/A TION S A RE PER SECTION 1-3 OF THE STAN DARD SPECIFICATION S FOR PUBLIC WORKS CON STRUCTION ("GREEN BOOK"), ALON G WITH /HE FOLLOWIN G ADDITION S:

CA TV . . . . . . . CABLE TELEVISIONGOV ....... CITY OF WSTADEMO . . . , . . . DEMOLITION DG . . . . , . . . 0/SIN TEGRA TED GRAN ITE E ......... ELECTRICAL G ......... GAS HI PT ....... HIGH POIN T LT ........ LEFT MOD . . . . . . . MAXIMUM DRY DENSITY MEAN D . . . . . . MEAN DERIN G N TS ........ NOT TO SCALE
OG . . . . . . . . ORIGIN AL GROUN D PN T. . . . POIN T RT ........ RIGHT SDARSD . . . . . SAN DIEGO AREA REGIONAL STAN DARD ORA WINGS S/W . . . . . . . CON CRETE SIDEWALK STD DWG . . . . STAN DARD DRAWIN G ST ........ STREET STL ....... STEEL Tl . . . . . TRAFFIC IN DEX VWD . . . . . . VALLEC/TOS WATER DISTRICT V/0 . . . . . . . 111STA /RR/GA TION DISTRICT

MONUMENTATION NOTE
CON TRACTOR SHALL BE RESPONSIBLE FOR PROTECTIN G ANY MON UMEN TA TION AN D/OR BEN CHMARKS. AN Y SUCH MON UMEN T A 710N WHICH IS DISTURBED OR DESTROYED BY CON STRUCTION SHALL BE REPLACED AT THE CON TRACTOR'S EXPEN SE. SUCH POIN TSSHALL BE REFEREN CED AN D REPLACED WITH APPROPRIATE MONUMEN TA TION BY A LICEN SED LAN D SURVEYOR OR REGISTERED C/ll'lL EN GIN EER AUTHORIZED TO PRACTICE LAN D SURVEYING. A RECORD OR SURVEY OR CORN ER RECORD, AS APPROPRIATE, SHALL BE FIL£D BY THE LICENSED LAND SURVEYOR OR REGISTERED C/ll'lL ENGIN£ER A S REQUIRED BY THE LAN D SURVEYOR'S ACT.

TOPOGRAPHY SOURCE BASIS OF BEARINGS
TOPOGRAPHY SOURCE FOR THIS PROJECT WAS PROVIDED BY GOLD COAST SURVEYIN G, IN C. AN D CON DUCTED BY AERIAL & FIELD SURVEY PERFORMED BETWEEN MARCH 31 AN D APRIL 19, 2021.

GEOTECHNICAL ENGINEER'S CERT/FICA TION
WE HEREBY CERTIFY THAT WE HAVE PROVIDED PROFESSIONAL TESTIN G AN D APPROVAL CON CERN IN G THEPREPARATION OF GROUN D TO RECEIVE FILLS, TESTIN G FOR REQUIRED COMPACTION , STABILITY OF ALL FIN ISH SLOPES, DESIGN OF BETTRESS FILLS WHERE REQUIRED, THE ADEQUACY OF THE N ATURAL GROUN D FOR RECEIVIN G FILL, THE STAB/UY OF CUT SLOPES WITH RESPECT TO GEOLOGICAL MATTERS AND THE NEED FOR SUBDRA IN S AN D OTHER GROUN DWATER DRAIN AGE DEVICES, AN D THAT THESE PLAN S ACCURATELY REFLECT ALL CON DITION S AN D CON STRUCTION RECOMMEN DATION S PREPARED FOR THIS PROJECT:

GEOTECHN ICAL EN GIN EER OF RECORD: --'N:u..,::Ac.__ _________ _ EN GINEERIN G GEOLOGIST OF RECORD: --11./.."------------- DA TE: --�N /,_A __
DA TE: --'-"N/,'--'A'---
I J

ENGINEER'S NOTE
UN AUTHORIZED CHAN GES & USES: T/1£ ENGIN EER PREPARIN G THESE PLAN S WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UN AUIHORIZED CHAN GES TO OR USES or THESE PLAN S. CITY of VISTA ALL CHAN GES TO THE PLAN S MUST BE IN WRITIN G AN D MUST BE APPROVED BY THE PREPARER OF THESE PLAN S. IMPROVEMENT PLANS FDR, CDBG SIDE\JALK AND ADA RAMPS

AVENIDA DE BENITO JUAREZ
MA TT J. ATTEBERRY, P.£. CITY OF VISTA, ENGINEERING DEPARTMENT 200 CIVIC CENTER DRIVE, VISTA , CA 92084-6240 PH (760} 643-5410

12./.,, /:zl-/' , EXP.LIC.DATE DATE

COVER SHEET
0-4678BENCHMARK, POINT # 2 AS SHOWN ON R.O.S. N0.140231 "err'/ OF VISTA SURVEY CONTROL" FOUND 2"ALUMINUM CAP FLUSH WITH AC PAVING . ELEVATION � 348.85 NGV0'29 '--------' LD23-021 C/P NO. 8290

CITY OF VISTA CALI FORNIA
October 19, 2023
ADDENDUM NO. 1
To the Contract Documents for:
2023 Pedestrian Mobility Sidewalk Project
Avenida de Benito Juarez
C.I.P. No. 8290
D-4678, LD#23-21
City of Vista
200 Civic Center Drive
Vista, CA 92084-6240
CITY�ER
To All Contract Document Holders of Record: All contract drawings, specifications, contract documents and other bidding directives remain unchanged except drawings, specifications, sections or parts of sections added to, revised, deleted or clarified by this Addendum.

CHANGES TO THE BIDDING AND CONTRACTURAL DOCUMENTS

1.Prevailing Wage Determination
Add the following prevailing wages to the contract documents:

The 2023 Pedestrian Mobility Sidewalk Project, Avenida De Benito Juarez, C.I.P. No. 8290 is a Federally funded project (Community Development Block Grant, CDBG) that requires the prevailing wages to be fixed 10 days prior to the bid opening. Attached are the prevailing wages to use for this project.

END OF ADDENDUM

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

Addendum 1 - Appendix B

1 10/31/2025

RAP Engineering, Inc.1100708Class: A
503 E Mission Rd,San Marcos, CA 92069
13, 14, 15,16, 17, 18,19
AC Paving/Overlay $85,332.50
Statewide Stripes, Inc.7320 Mission Gorge Rd,San Diego, CA 92120 Yes 30 Striping & Signage $11,844.00 788286Class: C33,C32, C61,D38, D42
Yes

393,112.00

2023 Pedestrian Mobility Sidewalk Project
Fordyce Construction
Line
Item Description Quantity
Unit of
Measure Unit Cost Total
1 Mobilization, Demobilization, bonds & insurance. (5% maximum of Total Base Bid)1 LS $9,450.00 $9,450.00 2 Project Information Sign 1 EA $4,560.00 $4,560.00
3 Public Notification per Supplementary General Provisions, Section 7-12.2 1 LS $3,250.00 $3,250.00 4 Storm Water Pollution Prevention and Erosion Control 1 LS $8,200.00 $8,200.00 5 Traffic Control and Construction Staging for all work 1 LS $17,570.00 $17,570.00 6 Utility Potholing and coordination 1 LS $13,020.00 $13,020.00 7 Record Drawing (“As-Built”) Plans (stipulated amount) 1 EA $2,000.00 $2,000.00 8 Clearing, Grubbing, tree trimming, Sawcutting, and Removals of existing vegetation, roots, concrete, asphalt, and other existing improvements interfering with new work 1 LS $25,100.00 $25,100.00
9 Relocate, Reconstruct, Rotate or Replace existing
mailbox and post per City of Vista Standard Drawing SRF-04 including reflective address numbers in front and side of mailbox (2” minimum) 4 EA $550.00 $2,200.00
10 Reconfigure Existing Private Irrigation Systems
and Replace Turf and Groundcover to Match Existing Private Landscaping Disturbed by Construction.
1 LS $4,690.00 $4,690.00
11 Unclassified excavation and fill 1 LS $21,650.00 $21,650.00 12 6” wide (or per plan) x 4” thick infiltration swale, small aggregate pervious concrete with Mirafi 180N fabric on 4” of aggregate base per Plans 97 SF $55.00 $5,335.00 13 6” Asphalt concrete pavement for full depth pavement restoration, 1’ wide slot patch (Use 160 lbs/cf for estimating quantities)25 TN $599.00 $14,975.00 14 4’ wide 2-inch-Deep Cold Mill adjacent to new curb and gutter, cross gutter and ADA ramps 862 SF $7.00 $6,034.00
15 4’ wide 2” overlay adjacent to new curb and gutter, cross gutter and ADA ramps per plan 12 TN $599.00 $7,188.00
16 PMAC 2" overlay from W. Connecticut to Ave. De La Plaza with Pacific Geosource Forta-Fi Fibers or Ace XP Polymer Fiber (Appendix D & H):91 TN $521.00 $47,411.00 17 4-foot Wide Header Cut (2.0-inch to 0-inch) between W Connecticut and Avenida De La Plaza (Appendix D)1496 SF $7.00 $10,472.00
18 15-foot Wide Header Cut at W. Connecticut Ave cross gutters and adjacent to Avenida De La Plaza (Appendix D)1092 SF $7.00 $7,644.00 19 1.5-inch Thick Leveling Course -Avenida De Benito Juarez from W. Connecticut and Avenida De La Plaza (Appendix D)30 TN $599.00 $17,970.00 20 6” Type ‘G’ curb and gutter per SDRSD No. G-2 with 6” aggregate base 454 LF $47.00 $21,338.00 21 Concrete Crossgutter with spandrel per SDRSD No.G-12 on 12" aggregate base 672 SF $24.00 $16,128.00 22 4" PCC sidewalk per SDRSD G-07, and 6” monolithic retaining curb per plan with 4” aggregate base 176 SF $42.00 $7,392.00
23 4" PCC sidewalk per SDRSD G-07 with 6” aggregate base 1194 SF $24.00 $28,656.00 24 PCC Driveway Entrance per SDRSD Nos. G-14D confined driveway per plan with 6" aggregate base 517 SF $22.00 $11,374.00
25 PCC Driveway Entrance per SDRSD Nos. G-14F Type B per plan with 6" aggregate base @ 517 179 SF $25.00 $4,475.00
26 Remove & replace private PCC driveway transition, 4" PCC on 6" aggregate base 346 SF $23.00 $7,958.00 27 PCC curb ramp with detectable warning surface per G-29 Type C on 6” aggregate base 3 EA $8,954.00 $26,862.00
28 PCC curb ramp with detectable warning surface per plan on 6” aggregate base at Avenida De La Plaza 2 EA $8,954.00 $17,908.00
29 Geogrid fabric for poor soil condition 120 SF $12.00 $1,440.00 30 Document existing striping to replace in kind, remove conflicting markings, replace striping, paint red curb, relocate signs per Plan 1 LS $15,420.00 $15,420.00 31 Adjust VID Water Valve Cover to Finish Grade (stipulated amount) 3 EA $150.00 $450.00 32 Adjust VID Water Meter to Finish Grade 1 EA $1,950.00 $1,950.00 33 Adjust City of Vista 36” manhole to Finish Grade 1 EA $590.00 $590.00 34 Adjust City of Vista Sewer clean out lid to Finish Grade 1 EA $330.00 $330.00 35 Hydroseeding with bonded fiber matrix for erosion control for areas disturbed by construction 100 SF $21.22 $2,122.00
Total $393,112.00

CITY OF VISTA Page 1 of 2 FORDYCE CONSTRUCTION, INC.
{00112067 1} [00065304 3] PAYMENT BOND (LABOR & MATERIALS) 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 Fordyce Construction, Inc. (“Principal”) as follows:
2023 Pedestrian Mobility Sidewalk Project (CIP No. 8290), Avenida De Benito Juarez From W. California Ave. to W. Connecticut Ave. Oct 2023,
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 Ninety Three Thousand One Hundred Twelve Dollars ($393,112), 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.

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.

CITY OF VISTA Page 2 of 2 FORDYCE CONSTRUCTION, INC.
{00112067 1} [00065304 3] PAYMENT BOND (LABOR & MATERIALS) 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 representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

FORDYCE CONSTRUCTION, INC.

By: Signature

Name and Title

By: Signature

Name and Title
(Seal)

APPROVED
Amanda L. Guy
20231108133358
“`Surety”

By: Signature

Name and Title

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.

CITY OF VISTA Page 1 of 3 FORDYCE CONSTRUCTION, INC.
{00112069 1} [00065305 3] PERFORMANCE BOND (FAITHFUL PERFORMANCE) 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 Fordyce Construction, Inc. (“Principal”) as follows:
2023 Pedestrian Mobility Sidewalk Project (CIP No. 8290), Avenida De Benito Juarez From W. California Ave. to W. Connecticut Ave. Oct 2023,
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 Ninety Three Thousand One Hundred Twelve Dollars ($393,112), 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,

CITY OF VISTA Page 2 of 3 FORDYCE CONSTRUCTION, INC.
{00112069 1} [00065305 3] PERFORMANCE BOND (FAITHFUL PERFORMANCE) 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 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.]

CITY OF VISTA Page 3 of 3 FORDYCE CONSTRUCTION, INC.
{00112069 1} [00065305 3] PERFORMANCE BOND (FAITHFUL PERFORMANCE) 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”

FORDYCE CONSTRUCTION, INC.

By: Signature

Name and Title

By: Signature

Name and Title
(Seal)

APPROVED
Amanda L. Guy
20231108133600
“`Surety”

By: Signature

Name and Title

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.