cc 2024 AR 04/23 cip 8239 arpa city wide cmp replacement phase 2 award of contract

ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C6
Prepared by:

Erin Adams, Admin Programs Manager
Gabe Grewe, Capital Projects Manager Meeting Date: April 23, 2024 Approved by:

Greg Mayer, Director of Engineering
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: CIP 8239: ARPA CITY WIDE CMP REPLACEMENT PROJECT – PHASE 2 – AWARD OF

CONTRACT
RECOMMENDATION: Adopt City Council Resolution No. 2024- , awarding a construction contract to SRK Engineering, Inc. for the ARPA City Wide CMP Replacement Project – Phase 2 (CIP No. 8239).

CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

PRIOR ACTION: On August 8, 2023, adopted City Council Resolution No. 2023-138, approving a construction contract with SRK Engineering, Inc. for the ARPA City Wide CMP Replacement Project – Phase 1 (CIP No. 8239) (Vote: 5-0).

On June 28, 2022, adopted City Council Resolution No. 2022-108, approving the Six-Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).

STATEMENT ON THE SUBJECT: The City’s underground corrugated metal pipe (CMP) storm drain facilities have deteriorated and need to be improved. Phase 2 of the project will replace 60 locations of deteriorated pipe with reinforced concrete pipe (RCP) as well as replace and improve drainage structures associated with the pipe. The proposed storm drain improvements are primarily located under public roadways.

Staff advertised the project for competitive bids on January 22, 2024, on the City’s procurement website and online procurement portal, OpenGov. On March 7, 2024, the following bids were received:

Bidder’s Name Office Location Total Bid Amount
SRK Engineering, Inc. Escondido, CA $6,744,300
Granite Construction Company Carlsbad, CA $12,795,975 Staff reviewed the bid from SRK Engineering, Inc., and determined they are the lowest responsible bidder who responded to all the requirements of the bid request. Therefore, staff recommends that the City Council award the contract for the ARPA City Wide CMP Replacement Project – Phase 2 (CIP No. 8239) to SRK Engineering, Inc.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-50.

Vote: 5-0

MEETING DATE: April 23, 2024 PAGE 2
SUBJECT: CIP 8239: ARPA CITY WIDE CMP REPLACEMENT PROJECT – PHASE 2 – AWARD OF

CONTRACT
FISCAL IMPACT: The construction contract is $6,744,300, with a 10 percent contingency for a total budget of $7,418,730. Sufficient funding is budgeted and available in the Fiscal Years 2022/23 and 2023/24 Capital Improvement Budgets in CIP No. 8239, the ARPA City Wide CMP Replacement Project Source Appropriation Accounts (No. 1516302.578999.8239).

EXHIBITS:

1.City Council Resolution 2024- , awarding a construction contract to SRK Engineering, Inc. for the ARPA City Wide CMP Replacement Project – Phase 2 (CIP No. 8239)

2.Contract with SRK Engineering, Inc.
04/23/2024 C6 2 of 620

00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO SRK ENGINEERING, INC. FOR THE ARPA CITY WIDE CMP REPLACEMENT PROJECT – PHASE 2 (CIP NO. 8239)
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City solicited bids for the ARPA Citywide CMP Replacement Project – Phase 2 (CIP No. 8239) and on March 7, 2024 public bids for construction were opened and SRK Engineering, Inc. was the lowest bidder.

B. Staff determined that the bid submitted by SRK Engineering, Inc. is responsive in all material aspects to the request for bids, and that the bid from SRK Engineering, Inc. for construction of the ARPA City Wide CMP Replacement Project – Phase 2 has been determined to be the lowest responsive, responsible bid

2. Action.

A. The contract between the City of Vista and SRK Engineering, Inc.in the amount of $6,744,300 is approved, and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on April 23, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20240411102932
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

SUMMARY CONST COV FED CLFRF
00106149 1 Page 1 of 3 SRK ENGINEERING, INC.
4875-8681-8989, v. 2

CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of _____________________________ Contract , by and between the City of Vista, a chartered municipal corporation SRK Engineering, Inc., a California corporation Agency and Contractor
In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:

SECTION 1
The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; FEDERAL CONTRACT REQUIREMENTS; CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS;

DISCLOSURE OF LOBBYING ACTIVITIES AND INSTRUCTIONS FOR COMPLETION OF SF- LLL, DISCLOSURE OF LOBBYING ACTIVITIES; EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION; NON-SEGREGATED FACILITIES CERTIFICATION; NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS; NON-COLLUSION DECLARATION (Federal Form); ; BID SECURITY FORM (WITH BID BOND, CASH, CERTIFIED CHECK OR the CONSTRUCTION CONTRACT, PAYMENT BOND,

C , SUPPLEMENTARY GENERAL PROVISIONS,
SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda (No. 1 and 2), as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.

SECTION 2
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct
ARPA CITY WIDE CMP REPLACEMENT PHASE 2
as specifically set forth in documents entitled
ARPA CITY WIDE CMP REPLACEMENT PROJECT PHASE 2 (CIP No. 8239) for which award of the Contract was made, to furnish at his own proper cost and expense all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, and to do everything required therein. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor s Compensation
Insurance for its employees.
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EXHIBIT 2

SUMMARY CONST COV FED CLFRF
00106149 1 Page 2 of 3 SRK ENGINEERING, INC.

4875-8681-8989, v. 2
SECTION 3

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

SECTION 4

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

SECTION 5

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

SECTION 6

Contractor agrees that the Payment Bond and Performance Bond attached to/submitted concurrently with this Contract are for reference purposes only, and shall not be considered a part of this Contract. Contractor further agrees that said bonds are separate obligations of the or performance bond shall not apply to this Contract. In the event there is any litigation between the Parties arising from the breach of this Contract, each P in the litigation.

04/23/2024 C6 5 of 620

SUMMARY CONST COV FED CLFRF
00106149 1 Page 3 of 3 SRK ENGINEERING, INC.

4875-8681-8989, v. 2
SECTION 7

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

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

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:

SRK ENGINEERING, INC., a California
corporation

By:

Name/Title

By:

Name/Title

APPROVED
Amanda L. Guy
20240313153416

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City of Vista, CA
February 6, 2024
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
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City of Vista, CA
February 15, 2024
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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City of Vista, CA
February 20, 2024
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS

FEDERAL CONTRACT REQUIREMENTS
The following requirements apply to City of Vista contracts utilizing Coronavirus Local Fiscal Recovery Funds, as required by 2 CFR Part 200, Appendix II:

A. Violation of Contract Term (Contracts over $150,000). Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Accordingly, when the City of Vista expends federal funds on such contracts, the City of Vista reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

B. Termination for Cause and for Convenience (Contracts over $10,000). All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

Accordingly, when the City of Vista expends federal funds on such contracts, the City of Vista reserves the right to immediately terminate the agreement in the event of a breach or default of the agreement by Vendor. A breach or default shall occur in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. The City of Vista also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if City believes, in its sole discretion that it is in the best interest of the City of Vista to do so. Vendor will be compensated for work performed and accepted and goods accepted by the City of Vista as of the termination date if the contract is terminated for convenience of the City of Vista. Any award under this procurement process is not exclusive and the City of Vista reserves the right to purchase goods and services from other vendors when it is in City of Vista best interest.

C. Equal Opportunity (Federally Assisted Construction Contracts). If the Agreement meets the definition of federally assisted construction contract under 41 CFR Part 60-1.3, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, 04/23/2024 C6 242 of 620

CLFRF Federal Contract Requirements

including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
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CLFRF Federal Contract Requirements

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

D. Contract Work Hours and Safety Standards Act (Contracts over $100,000 involving employment of mechanics or laborers). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Accordingly, when the City of Vista expends federal funds on such contracts, Vendor certifies that it will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by the City of Vista resulting from this procurement process.

E. Clean Air Act (Contracts Over $150,000). For all contracts in excess of $150,000, Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 7401-7671q. Violations will be reported to the Department of Treasury and the Regional Office of the Environmental Protection Agency (EPA).
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CLFRF Federal Contract Requirements

F. Federal Water Pollution Control Act (Contracts Over $150,000). For all contracts in excess of $150,000, Contractor and all subcontractors shall comply with the requirements of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251-1387. Violations will be reported to the Department of Treasury and the Regional Office of the EPA.

G. Debarment and Suspension. City cannot make a contract award to parties listed on the governmentwide exclusion int eh System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., .

Accordingly, Contractor shall not employ or otherwise use any Subcontractor, supplier, or equipment vendor at any tier that is on the governmentwide exclusions in the SAM. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

H. Byrd Anti-Lobbying Amendment (Contracts Over $100,000). For all contracts in excess of $100,000, Contractors must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

I. Procurement of recovered materials. City and Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act by: (1) only procuring items designated in guidelines of the EPA at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

J. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

1. City and Contractor are prohibited from obligating or expending federal CLFR funds to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain; or
c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera 04/23/2024 C6 245 of 620

CLFRF Federal Contract Requirements

Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

3. See Public Law 115-232, section 889 for additional information.

4. See also 2 CFR § 200.471.

K. Domestic Preferences for Procurements.

1. As appropriate and to the extent consistent with law, City should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

2. For purposes of this section:
i)
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
ii) ans items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
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http:// www. dol. gov/ esa/whd/forms/ wh347instr. htm
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APPENDIX C

FEDERAL REQUIREMENTS AND SPECIAL PROVISIONS

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

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

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

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

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

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

BIDDER'S CERTIFICATION
Name of Company: ____________________________________________________________ Address: ____________________________________________________________________ Project Title: _________________________________________________________________ This is to certify that I have read and understand the Section 3 resident employment and Section 3 resident business utilization requirements that apply to the above cited project, said requirements being known as the Section 3 Clause found in 24 CFR 135 and that neither the project nor the company are under any contractual restrictions or other disabilities which would prevent the company from complying with saidrequirements. ______________________________ ________________________ ____________ Signature Title Date
______________________________ ________________________ ____________ Signature Title Date
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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.

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9 04/23/2024 C6 261 of 620

Instructions for Completing Payroll Form, WH-347
General:Form WH-347has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts.

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

Under the Davis-Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits.

This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he/she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow:

Contractor or Subcontractor:Fill in your firm's name and check appropriate box.

Address:Fill in your firm's address.

Payroll No.:Beginning with the number "1", list the payroll number for the submission.

For Week Ending:List the workweek ending date.

Project and Location:Self-explanatory.

Project or Contract No.:Self-explanatory.

Column 1 - Name and Individual Identifying Number of Worker:Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted.

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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.

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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.

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SECTION 3 WORK FORCE BREAKDOWN
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:

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NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to

ENSURE EQUAL EMPLOYMENT OPPORTUNITY

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables
Goals for minority participation for each trade: 16.9%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, San Diego County, City of Vista.

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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.

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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 thatarea.

Very low income is defined as 50% or below the median income of thatarea.

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
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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 newhires.

Targets for Contracts with Section 3 Business Concerns is, Construction 10% of the total dollar amount. AllOthercontracts, 3% of thetotaldollaramount of allother Section 3 covered contracts.

Who will award the economic opportunities?
The City of Vista and its contractors and subcontractors are required to provide economic opportunitiesto thegreatest extentfeasible, consistent with existing Federal, State, and locallaws and regulations whenever HUD financial assistance is used to fund aproject.

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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 3business.

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 recordsfor evidence of actions taken to train and employ Section 3 residents and to award contracts to Section 3businesses.

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 UrbanDevelopment
451 Seventh Street, S.W.,
Room 5100
Washington, D.C. 20410-2000
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A written complaint should contain:

Name and address of the person filing thecomplaint
Name and address of subject of complaint (HUD recipient orcontractor) Description of acts or omissions in alleged violation of Section 3 Statement of corrective action sought
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January 2012
Previous versions obsolete

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

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 Wage and Hour Division to make sure that the labor standards provisions in your contract and HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding. 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, numbers can be found on HUD’s Home Page at the address below.

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.

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INTRODUCTION ................................................................................................................i .................................................................1-1 . .......................................................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 ................................................................1-2 .............................................................................1-2 .......................................................1-2 ......................................1-3
.................................1-4
.............................2-1
...........................................................................................2-1 ............................................................2-1 b. Posting the wage decision..................................................................................2-2 .......................2-2
.............................................................................2-2 b. Making the request .............................................................................................2-3 c. HUD review ........................................................................................................2-3 d. ......................................................................................................2-3 ..........................................................................2-4 a. Payroll formats ...................................................................................................2-4 ...........................................................................................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 ................................................................................2-5 ..........................................................................................2-5 b. Employee ...........................................................................................................2-6 c. Apprentices and trainees....................................................................................2-6 d. Prevailing wages or wage rates .........................................................................2-7 e. ....................................................................................................2-7 f. Overtime .............................................................................................................2-7 g. Deductions .........................................................................................................2-8 h. Proper designation of trade ................................................................................2-8 i. Site of work.........................................................................................................2-8 C-2604/23/2024 C6 278 of 620

....................................................................2-9 a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.........................................................................................2-9 ..............................................................................................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 .......................................................................................2-12 a. On-site interviews ...............................................................................................2-12 b. Project payroll reviews .......................................................................................2-12 .......................2-12
a. Inadequate payroll information ...........................................................................2-12 ...........................................................................2-12 c. Incomplete payrolls ............................................................................................2-13 ....................................................................................................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.....................................................................................................2-14 k. Signature ............................................................................................................2-14 l. On-site interview comparisons ...........................................................................2-14 m. ..................................................................................2-14 .............................................2-14
..........................................................................................................2-14 b. Computing wage restitution ................................................................................2-15 ................................................................................2-15 d. Review of correction CPR ..................................................................................2-15 e. Unfound workers ................................................................................................2-15 C-2704/23/2024 C6 279 of 620

.......................................................3-1 INTRODUCTION .....................................................................................................3-1 .....................3-1
...........................................................3-1 b. Findings of underpayment ..................................................................................3-2 .......................................................................................................3-2 ..................................................................................3-3 ............................................................................3-4 ..................................................................................................3-4 b. HUD sanctions ...................................................................................................3-4 ........................................3-5
...........................................................................................A-1 ........................................................................A-2 ..............................................................................A-3 ..........................................................A-4 C-2804/23/2024 C6 280 of 620

The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects:
a. The Davis-Bacon Act requires the payment of prevailing 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. 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 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 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.

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c. 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 d.
rates, overtime (O/T), and child labor requirements. These requirements generally apply Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in . Part 1 explains how
provides instructions on how to use the determinations. Part 3 describes Copeland Act 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 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws.

Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally 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 http://www.dol.gov/dol/allcfr/Title_29.htm
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for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Public and Indian Housing projects.
b. Davis-Bacon Wage Decisions. The Davis-Bacon wage decision (or wage determination) current. In most cases, when the contract is awarded or when construction begins, the project involved.

The principal contractor (also referred to as the or ) 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:

All current Davis-Bacon wage decisions can be accessed on-line at no cost at:
http://www.wdol.gov
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The 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, ) 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, ) 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- 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.
construction workers or review payroll information.

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Now that you know you’re on a Davis-Bacon project and you know some of the legal and practical implications, what’s next?

Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, that may be needed for the project. The Davis-Bacon wage decision that applies to the 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. A Davis-Bacon wage decision is simply a
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 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 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.
labor standards clauses. See 1-3, Construction Contract Provisions.

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b. 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 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).

Part 5, and in the labor clauses in your contract. The rules are summarized for you here:
a.
approved if:

1. 2.

3. rates already on the wage decision. (For example, the wage rate proposed for And,

4. 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).

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b.
in writing through the contract administrator. (If the contract administrator is a local subcontractor, your request should also go through the prime contractor. All you need to the rate that employer is already paying to the employees performing the work) for that perform.
c.
prime contractor (or contract administrator for local agency projects) for more information, d.
post the approval notice on the job site with the wage decision. approved.

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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.
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.
is signed and contains language certifying that the information is true and correct. The (reverse).
c. “No work” payrolls may be submitted whenever there is a the project right now but you will be returning to the job in a couple of weeks. (See tip 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 consecutively or if you send a note, you do not need to send “no work” payrolls. of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347.
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!
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d. 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. Every contractor (including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full 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. 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

Before we discuss how to complete the weekly payroll forms, we need to review a couple a.
construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen not less than Davis-Bacon wage rates.

1. . 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. People whose duties are primarily administrative, executive or 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 loss should underpayments occur.

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b. 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 they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics.
c. The only workers who can be paid less than the wage rate on approved apprenticeship or training programs. Approved programs are those which have Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program.

1. A “probationary apprentice” can be paid as an apprentice person is eligible for probationary employment as an apprentice.

2. A “pre-apprentice”, that is, someone who is not registered in a is not considered to be an “apprentice” and must be paid the full journeyman’s rate

3. 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.

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d. 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

1. 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 rate requirement based upon actual hours, including any overtime, worked.

Accurate time records must be maintained for any piece-work employees. recompute weekly earnings based upon the actual hours worked and e.
contributions, life insurance, vacation and other paid leave as well as some contributions required by other Federal, State or local laws, such as the employer’s contribution to Social Security or some disability insurance payments.
f.
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 Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic the employee. For example, if the wage decision requires $10/hour basic rate plus $5/ you meet the total amount. The amount of the base wage that you may off-set with fringe C-3904/23/2024 C6 291 of 620

Part 3. These regulations prohibit the employer from requiring employees to “kick-back” 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 h.
for each worker based on the actual type of work he/she performed and you must pay each 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. If you have employees that perform work in more than not maintain accurate time records, you must pay these employees the highest i. 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 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.

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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 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.
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. 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. Effective January 18, 2009, payrolls shall not report employee 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 347, Payroll, to accommodate these reporting requirements. c.
decision based on the type of work they actually perform. you need to submit!
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1. 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

2. d.
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 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. Show the basic hourly rate of pay for each employee for this project. If overtime rate if overtime hours were worked.

1. 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.

effective hourly rate changes from week-to-week, only that the rate is no less than f. 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.

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g. Show the amounts of any deductions from the gross earnings. “Other” 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 h. Show the net amount of wages paid.
i.
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 employee, explain those differences in box 4(c).
j. Make sure the payroll is signed with an original signature in ink. The payroll 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 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.

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The contract administrator or other inspector may visit the project site and interview independently conduct its own reviews (see 1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information a. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other 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. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly 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 are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc.

The following paragraphs describe common payroll errors and the corrective steps you must take.
a. 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.
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 C-4404/23/2024 C6 296 of 620

c. If the information on the payroll is not complete, for example, if d.
decision, the employer will be asked to reclassify the employees in accordance with the about wage restitution.)
e. If the wage rates on the payroll are less than the wage rates on the wage restitution to all affected employees.
f. If a copy of the employee’s registration or the approved 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 work they performed.
g. 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. h. 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.
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.

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j.
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 k. 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 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. If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll payroll report.
m. Any and all changes to data on a submitted payroll report returned to the prime contractor or employer for revision.

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 a. 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 wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action.

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b. 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 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. The employer will be required to report the restitution 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 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.
writing of any discrepancies and will be required to make additional payments, if needed, e. 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 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 the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation.

C-4704/23/2024 C6 299 of 620

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.

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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 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.

As mentioned in the Introduction above, a dispute about labor standards and compliance 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 wages that may be necessary to satisfy the wage rate that is established.

1. response to the request. Any interested person (for example, the contract administrator, employer, representatives of the employees) may request request for reconsideration must be made in writing and must thoroughly reconsideration should be made through the contract administrator but may

1.8.) All requests initiated by or made through the contract administrator or HUD C-4904/23/2024 C6 301 of 620

2. Any interested party may request a review of the
(See also 29 CFR 1.9.)
b. Compliance reviews and other follow-up enforcement 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 the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies.
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

1. have occurred, you will be given an opportunity to correct any underpayments or Regulations 29 CFR 5.11 (b) and 29 CFR Part 6, Rules of Practice for Administrative Proceedings.)

2. Contractors and/or subcontractors may request a
more information about this proceeding.

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 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 subcontractors’) liability shall be withheld.

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In every case, we attempt to complete compliance actions and resolve any disputes 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 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 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. 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.

The deposit is equal to the amount of wage restitution and any liquidated due is less than the amount estimated and placed in the escrow account, the escrow will 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.

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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. that has
shall be equal to the amount of wage restitution and liquidated damages, if applicable, the escrow account are made in accordance with the decision.

Contractors and/or subcontractors that violate the labor standards provisions may face

a. Contractors and/or subcontractors that are found by the Secretary 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 contractor or subcontractor has a substantial interest. Debarment proceedings can be b.
debarments and suspensions.

1. HUD may issue to the employer a limited denial
HUD program in which the violation occurred and for the geographic jurisdiction of

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 C-5204/23/2024 C6 304 of 620

2. 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 been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24.

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 C-5304/23/2024 C6 305 of 620

CDBG - Community Development Block Grant
CFR - Code of Federal Regulations
CPR -
CWHSSA - Contract Work Hours and Safety Standards Act
DBA - Davis-Bacon Act
DBRA - Davis-Bacon and Related Acts
FHA - Federal Housing Administration
HUD - Housing and Urban Development (Department of)
IHA - Indian Housing Authority
O/T - Overtime
PHA - Public Housing Agency
S/T - Straight-time
SAC - State Apprenticeship Council/Agency
TDHE - Tribally-Designated Housing Entity
§ - Section
¶ - Paragraph
C-5404/23/2024 C6 306 of 620

HUD Regulations:

HUDClips (HUD Forms and Publications):
http://www.dol.gov/whd/contracts/dbra.htm
Davis-Bacon Wage Decisions:
www.wdol.gov
www.dol.gov/whd/programs/dbra/forms.htm
C-5504/23/2024 C6 307 of 620

$
Bricklayers $BHR
Carpenters $$
Cement Masons $$
Drywall Hangers $$
Electricians $$
Iron Workers $$
Painters $$
Plumbers $BHR
Roofers $$
Sheet Metal Workers $$
Soft Floor Workers $$
Tapers $$
Tile Setters $$
BHR
$
$
$
$
$
$
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F-14
Revis
ed
Marc
h
2003

CITY OF VISTA

STORMWATER MANAGEMENT PERMIT INSTRUCTIONS
To accompany all grading and/or building permit application(s).

In order to comply with the federal Clean Water Act, the state Water Code and City Ordinances, the City of Vista requires that property owners and/or contractors complete a Stormwater Management Permit prior to issuance of any grading and/or building permit(s). The purpose of a Stormwater Management Permit is to document Best Management Practices (BMPs) that will be implemented to prevent pollutants (including sediment) from entering stormwater conveyances and receiving waters. The Stormwater Management Permit becomes a part of the grading and/or building permit(s) and is subject to enforcement by City of Vista Inspectors and others. Stormwater Management Permits include the elements described in the following sections:

SECTION 1: REQUIRED INFORMATION –This section is used to provide the City with the basic information necessary to evaluate and prioritize project activities. Each of the items in this section must be completed, except projects with less than 1 acre of disturbed area are not required to have a Waste Discharge Identification Number (WDID). Grading projects with a disturbed area of greater than 1 acre must also meet additional requirements from the State Water Resources Control Board (SWRCB). Those additional requirements include filing a Notice of Intent (NOI) and preparation of a Stormwater Pollution Prevention Plan (SWPPP). Please note that watercourses and waterbodies include ephemeral drainages (i.e. those that are dry during part of the year).

SECTION 2: BEST MANAGEMENT PRACTICES –Best Management Practices (BMPs) must be selected and implemented to prevent erosion and construction-related materials, sediment, wastes and spills from entering stormwater conveyance system and receiving waters.

NOTE: It is the responsibility of the property owner and/or the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista’s Stormwater and Grading Ordinances. Failure to prevent soil erosion and discharges of sediment and other pollutants from construction sites is subject to enforcement by the City, RWQCB or others.

At a minimum, the City requires that the BMPs designated as required in Table 1 (attached) be installed and maintained for all construction projects, as applicable. Additional BMPs listed in Table 1 may also be required in correlation to a project’s scope, potential for discharges and proximity to a watercourse or other receiving waters. The property owner and/or contractor must complete Table 2 (attached) indicating which BMPs will be used.

SECTION 3: CERTIFICATION –The property owner and/or contractor must sign this section certifying that they understand the City of Vista’s minimum requirements for stormwater management of construction activities and will implement, monitor and maintain the selected BMPs to ensure their effectiveness.

BMP manuals can be found at the City of Vista’s permit counter. These manuals include all of the referenced BMPs listed in Table 1 from the Caltrans Storm Water Quality Handbooks and the California Stormwater BMP Handbooks. The entire manuals may also be ordered directly from the following sources:

Caltrans Manuals California Stormwater BMP Handbook Caltrans Publications unit Municipal, Development/Redevelopment, Construction (916) 445-3520 & Industrial/Commercial (916) 324-8997 fax (510) 444-6771

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F-16

CITY OF VISTA

STORMWATER MANAGEMENT PERMIT
This form must be submitted with all grading and/or building permit application(s).

SECTION 1. REQUIRED INFORMATION
Grading and/or Building Permit Application Number: Project Name:

Name of Project Contact Person:

Title: Phone #:

Grading Start Date: Grading Finish Date:

Project Address or Location:

Project Start Date: Project Finish Date: APN NO.

Estimated amount of disturbed acreage:_________ (If equal to or greater than 1 acre, you must also provide a WDID number from the SWRCB) WDID _______________________
Are there any watercourses or waterbodies within 50 feet of the limits of soil disturbance? YES NO Does the project site have or propose slopes higher than 25 feet or steeper than 1:1? YES NO Does the soil type have high erosion potential (fine grain soil like sand, silt, fine disintegrated granite)? YES NO SECTION 2 BEST MANAGEMENT PRACTICES
The goal of stormwater management planning is to reduce pollution to the maximum extent practicable by implementing Best Management Practices (BMPs). There are five categories of BMPs: 1)Erosion control practices, and; 2)Velocity reduction, and; 3)Sediment control practices, and; 4) Offsite sediment tracking control, and; 5) General site and materials management. BMPs from each of the five categories must be used together as a system in order to prevent erosion, sediment, waste, spills, and residues from leaving the site. When properly implemented, monitored and maintained, BMPs will function to prevent pollutants (including sediment) from leaving the site. It is the responsibility of the property owner and the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista’s Stormwater and Grading Ordinances.

Best Management Practice Table
Table 1 (attached) must be used to select those BMPs that will be used to prevent stormwater pollution. At a minimum, the City requires that the BMPs designated as required in Table 1 be installed on all construction projects. However, some BMPs may not be applicable to every project. For example, if storm drain inlets are not present, then Storm Drain Inlet Protection (BMP SC10) would not be applicable. Table 2 (attached) must be completed by the project proponent to indicate which BMPs will be used.

Grading and/or Building Plan(s) Best Management Practice Checklist The following applicable information shall be shown on the grading, building and/or erosion control plans:

Project boundaries
Footprint of any existing structures and facilities.

Footprint of all structures and facilities to be constructed.

Limits of grading.

Site entrances and exits.

Areas of soil disturbance, cut and/or fill.

Vegetative areas to remain undisturbed.

Designated materials storage areas.

Existing and proposed grades of the site, along with any intermediate grades that will significantly affect site drainage patterns.

Location(s) where runoff from the site may enter storm drain(s), channel(s), and/or receiving waters.

Please note that each of the items identified by a check () in Table 1 must be included on the plans, and labeled with the designation found in the tables (for example, SS-7).
04/23/2024 C6 313 of 620

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

I have read and understand that the City of Vista has adopted minimum requirements for stormwater management of construction activities. I certify that the BMPs I have selected from Table 1 and documented in Table 2 will be implemented to effectively minimize the potentially negative impacts of this project’s construction activities on stormwater quality. I further agree to install monitor, maintain or revise the selected BMPs to ensure their effectiveness.

I also understand that non-compliance with the City of Vista’s Stormwater and Grading Ordinances may result in enforcement by the City, including fines, citation, stop-work orders, cease and desist orders or other actions.

Property Owner /Contractor_________________________________________________ Date ________________________ 04/23/2024 C6 314 of 620

indicates mandatory BMP
CALTRANS Stormwater Quality
Handbooks
California Stormwater BMP
Handbook (Construction)
Daily Activities
Cleaning and Grubbing
Demolition of Pavement
&Structures
Constructing Access Roads
Foundations
Saw Cutting
Trenching
Conduits (Open Cuts)
Drilling
Tunnels
Wood Frame
Structural Steel
MaSonry and Concrete
Roofing and Coating
Concrete
Asphalt
Base and Subgrade
Grading
Stockpiling
Material Mining
(Sand & Aggregate)
Channel Improvement
Water and Sediment
Impoundment
Over Crossing
Under Crossing
Waterfront Construction
Irrigation Facilities
Seeding and Sodding
Mulching
Planting
Habitat Restoration
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indicates
mandatory BMP

CALTRANS
Stormwater Quality
Handbooks
California
Stormwater BMP
Handbook
(Construction)
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NOTICE
STREET

IMPROVEMENTS

WORK WILL START IN MONTH YEAR AND CONTINUE UNTIL MONTH YEAR The City of Vista will be constructing st improvements on The construction will require the implementation of traffic control to accommodate the work. Some work may also take place at adjacent driveways, which will temporarily affect access.

The project may cause some inconvenience during construction, but once the work is complete will have much needed st improvements.

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

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

Construction Contractor
Name
Company
Phone number
City Inspector
Name
Engineering Department
(760) 643-5384
@cityofvista.com
04/23/2024 C6 361 of 620

NOTIFICACION
Movilidad Peatonal 20
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:

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
04/23/2024 C6 362 of 620

City of Vista
Public Works Department
NOTICE
Slurry Seal of Various Streets

NO PARKING OR DRIVING
7:00 A.M. - 5:00 P.M.

SORRY FOR THE INCONVENIENCE
Your street will be closed to ALL TRAFFIC on:
______________________________________________________
so that we may improve its surface.

Since parking on the street will be prohibited on this date,

PARK YOUR CAR ON AN ADJACENT, NON-POSTED STREET
before the above time so that you will not be deprived of its use.

PARKED CARS WILL BE TOWED
You will NOT BE ALLOWED TO DRIVE on your street until the surface dries. Slurry seal is sticky and will adhere to your tires if you drive on it when it is wet, so please obey all construction area signs.

Please do not permit water to run in the gutter during street work.

This will help the slurry to dry. If your trash is scheduled for pick up on this date, please have it out by 6:00 a.m.On major thorough-fare, driving and business access will be provided.

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

Due to the number of streets scheduled, we cannot tell you the exact time your street will be done. We realize the inconvenience caused by limited access to your street. Please understand that the inconvenience caused at this time is very small compared to what would later be required if this protection were not applied.

THANKS FOR YOUR COOPERATION
City of Vista, Public Works Department
(760) 726-1340 extension 1606
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Ciudad de Vista
Departamento de Obras Públicas
ATENCIÓN
Aplicación de “Slurry Seal” (una capa
asfáltica) en varias calles de la ciudad

NO MANEJAR O ESTACIONAR
7:00 A.M. - 5:00 P.M.

DISCULPE LAS MOLESTIAS
Su calle estará cerrada para TODO EL TRÁFICO el día:
______________________________________________________
Para hacer arreglos a la superficie de la calle
Como no podrá estacionarse durante la fecha indicada,

ESTACIONE SU VEHICULO EN LAS CALLES VECINAS DONDE
ESTA PERMITIDO antes de la fecha y horario indicado para no privarlo del uso de su vehiculo.

LA GRÚA SE LLEVARA LOS VEHÍCULOS

ESTACIONADOS EN ESTA CALLE
NO PODRÁ MANEJAR en su calle hasta que la capa de asfalto este seco. El “Slurry Seal” es pegajoso y podrá causarle daño a las llantas de su vehiculo si maneja mientras este mojado. Por favor obedezca todos los letreros y señales de construcción.

No deje correr agua en la orilla de la calle durante las horas de trabajo. Esto ayudara a que se seque el asfalto. Si es el mismo día esta programado para que recojan la basura, por favor sáquela antes de las 6:00 A.M. En calles principales se podrá manejar y habrá acceso a los negocios.

EN CONDICIONES NORMALES su calle estará en servicio antes de las 5:00 P.M. Pero, si surgen problemas, puede afectar el tiempo de terminación. Si no se puede terminar por problemas del clima (lluvia), o cualquier otra circunstancia, se hará un nuevo horario y se le notificara dentro de dos semanas
Debido al número de calles programadas para una capa asfáltica, no podemos dar un tiempo exacto para la terminación de la obra en su calle. Sabemos que necesitan tener acceso a su calle. Por favor tenga en cuenta que el problema de su calle puede empeorar si no se arregla pronto.

GRACIAS POR SU COOPERACIÓN
Ciudad de Vista, Departamento de Obras
Públicas
(760) 726-1340 extensión 1606
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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 workmans 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

OLLOWING

SIGNATURE

PRINT NAME
DATE
NOTICE: THIS IS NOT AN ENCROACHMENT PERMIT - CONTRACTOR MUST SIGN ACTUAL PERMIT IN PERSON Version Date 04/23/2024 C6 368 of 620

CITY OF VISTA
Requirements for Encroachment Permits

1.Must have State Contractors 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 $1,6 plus a minimum cash trust deposit of $500.00 or an amount equal to the cost of the improvements being done within the Citys 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 *****

PLEASE NOTE
Additional Insured Endorsements must be included
as attachments to the Certificate of Liability Insurance as attachments to the Certifas attachments to the Certif ***** Endorsements must cover Ongoing and Completed Operations ***** Must have $1,000,000.00 of pollution liability insurance if doing any work on or within publicMust have $1,000,000.00 of pollution liaMust have $1,000,000.00 of pollution lia sewer manholes or public sewer mains.

Must have $1,000,000.00 of pollution lia8.
04/23/2024 C6 369 of 620

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 Contractors 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 permittees 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 04/23/2024 C6 370 of 620

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 permittees 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 04/23/2024 C6 371 of 620

CITY OF VISTA NOTICE
The following StormwaterPollutionPrevention Requirements shall be considered part of the City of Vista Encroachment Permit Stormwater Pollution Prevention Requirements
ProjectActivity RequiredPollution Prevention
Trash& WasteGeneration
**REQUIREDFORALL
PROJECTS**
Permittee shall informanyon siteemployeesofthesepollution preventionrequirements.

Within or adjacent to the encroachment area, permittee shall:
Collectandcontainallconstructiontrash,waste, and debris Promptly containand clean any spillonsite
Routinely inspectsite,removeloosetrash,andpreventspills Properlydisposeofanyhazardousmaterials
Notwash down surfaces unlesswateriscollected and removed ordirected to landscape
Close lidsin trash collection areas when notinuse
DiggingofDirt excavation,
trenching, demolition of
structures or grading
Within or adjacent to the encroachment area, permittee shall:
Prevent dirtfrom migrating into street, sidewalk, orstormdrain Protectnearbystormdrain inletswithperimetercontrolsand/or filter fabric Installandmaintain effectiveerosionand sedimentcontrols Coverexposed soilsusingmulch,tarps, orerosion controldevices Securetarps over dirt anddebrispiles
Routinely sweep siteto remove and properly dispose ofdirtgeneratedbywork Drivewayor Sidewalk Within or adjacent to the encroachment area, permittee shall:
Directsurfacerunofftolandscapeareas, where feasible
FollowRequired PollutionPreventionRequirementsforDiggingofDirt FollowRequired PollutionPreventionRequirementsforConcrete,Paint,Mortar,or StuccoWork
Concrete,Paint,Mortar,or
Stucco Work
Within or adjacent to the encroachment area, permittee shall:
Containwetmixingareaswithinconfinedarea
Preventconcrete,paint,mortarorstuccomaterial from migrating into street, sidewalkor stormdrain
Properlydisposeofwastematerial generatedby work
TemporaryStorageof
Materials Outside
Within or adjacent to the encroachment area, permittee shall:
Elevateworkmaterialsoffground wherepossible, suchas on pallets Securetarpsover workmaterialsstored outside
Washing of Material,
Equipment,or Surface
Within or adjacent to the encroachment area, permittee shall:
Notwash down surfacesunlesswater iscollectedand removedordirectedto landscape
LandscapingandIrrigation
Systems
Within or adjacent to the encroachment area, permittee shall:

Notstorelandscapematerials in street
Preventdirt frommigrating into street, sidewalk, or stormdrain Securetarpsoverpilesofmulch or soil
Routinely sweep siteto removeandproperlydisposeofdirtgeneratedbywork Notwash down surfacesunless water iscollected and removedordirectedto landscape
Testirrigation system, preventingoversprayandrunofffromhardsurfaces 04/23/2024 C6 372 of 620

04/23/2024 C6 373 of 620

04/23/2024 C6 374 of 620

04/23/2024 C6 375 of 620

Key: Bold – Non-Student Day VISTA UNIFIED SCHOOL DISTRICT Board Approved: 5/6/2021 *- Minimum Day 2023-2024 School Calendar Board Approved Revision: 5/5/2022 School
Month M T W T F Student
Days
Teacher
Days Key Dates/Explanations
July 3 4 5 6 7
10 11 12 13 14 July 4 - Independence Day (Legal Holiday) 17 18 19 20 21
24 25 26 27 28
31 August 1 2 3 4
12 1
Aug. 10 - District Professional Development Day (Non-Student Day) 7 8 9 10 11 Aug. 11 - District Professional Development Day (Non-Student Day) 14 15 16 17 18 Aug. 14 - Teacher Preparation Day (Non-Student Day) 21 22 23 24 25
Aug. 15 - Site Professional Development Day (Non-Student Day) 28 29 30 31
Aug. 16 - First Day of School
September 1
20 20
4 5 6 7 8
Sept. 4 - Labor Day (Legal Holiday)
11 12 13* 14 15 Sept. 13 - K-8 Staff Development Day (Minimum Day) 18 19 20 21 22
25 26 27 28 29
October 2 3 4 5 6
22 22
9 10 11 12 13 Oct. 19&20 - MVHS Finals (Minimum Days)
16 17 18 19* 20*
23 24 25 26 27
30 31
November 1 2 3
16 16
Nov. 10 - Veteran’s Day (Observed Legal Holiday)
6 7 8 9 10 Nov. 14-17 - K-5 Parent Teacher Conf. (Minimum Days) 13 14* 15* 16* 17*Nov. 15&16 - 6-8 Parent Teacher Conf. (Minimum Day) 20 21 22 23 24 Nov. 20-24 - K-12 Non-Student Days
27 28 29 30
Nov. 23 - Thanksgiving Holiday (Legal Holiday)
December 1
14 14
Dec. 18-20 - RBVHS & VHS Finals (Minimum Days)
4 5 6 7 8
Dec. 19&20 - MVHS Finals (Minimum Days)
11 12 13 14 15
Dec. 21-31 - Winter Recess (School Resumes Jan.10)
18* 19* 20*21 22 Dec. 25 - Christmas Day Observed (Legal Holiday) 25 26 27 28 29
January 1 2 3 4 5
15 17
Jan. 1 - New Year’s Day Observed (Legal Holiday)
8 9 10 11 12
Jan. 1 - Winter Recess (School Resumes Jan.10)
15 16 17 18 19 Jan. 8 - HS Professional Development Day (Non-Student Day) 22 23 24 25 26
Jan. 8 - K-8 Non-Student Day/Non-Staff Day
29 30 31
Jan. 9 - District Professional Development Day (Non-Student Day) Jan. 15 - M.L. King Birthday (Legal Holiday)
February 1 2
18 1
5 6 7 8 9
Feb. 16 - Observed Lincoln’s Birthday (Legal Holiday)
12 13 14 15 16 Feb. 19 - President’s Day (Legal Holiday) 19 20 21 22 23
Feb. 20 - Non-Student Day/Non-Staff Day
26 27 28* 29
Feb. 28 - K-8 Staff Development Day (Minimum Day)
March 1
21 21
4 5 6 7 8
Mar. 13&14 - 6-8 Parent/Teacher Conf. (Minimum Day)
11 12 13* 14* 15*Mar. 14&15 - MVHS Finals (Minimum Day) 18 19 20 21 22
25 26 27 28 29
April 1 2 3 4 5
17 17
8 9 10 11 12 Apr. 1-5 - Spring Break
15 16 17 18 19
22 23 24 25 26
29 30
May 1 2 3
22 22
6 7 8 9 10 May 27 - Memorial Day (Legal Holiday)
13 14 15 16 17
20 21 22 23 24
27 28 29 30 31
June 3* 4* 5* 6 7
3 3
Jun. 3-5 RBV/VHS Finals (Minimum Days)
10 11 12 13 14
Jun. 4&5 - MVHS Finals (Minimum Days)
17 18 19 20 21
June 5 - Last Day of School (Minimum Day - All)
24 25 26 27 28
Jun. 19 - Juneteenth Observed (Legal Holiday)
180 STUDENT DAYS
04/23/2024 C6 376 of 620

04/23/2024 C6 377 of 620

04/23/2024 C6 378 of 620

04/23/2024 C6 379 of 620

04/23/2024 C6 380 of 620

City of Vista, CA
June 13, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 381 of 620

04/23/2024 C6 385 of 620

04/23/2024 C6 386 of 620

City of Vista, CA
June 20, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 387 of 620

04/23/2024 C6 389 of 620

04/23/2024 C6 390 of 620

City of Vista, CA
June 20, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 391 of 620

City of Vista, CA
June 20, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 392 of 620

04/23/2024 C6 393 of 620

City of Vista, CA
February 8, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 394 of 620

City of Vista, CA
July 12, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 396 of 620

04/23/2024 C6 398 of 620

City of Vista, CA
July 12, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 399 of 620

City of Vista, CA
July 12, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 400 of 620

04/23/2024 C6 401 of 620

City of Vista, CA
July 12, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 402 of 620

City of Vista, CA
July 12, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 403 of 620

04/23/2024 C6 404 of 620

04/23/2024 C6 405 of 620

04/23/2024 C6 406 of 620

City of Vista, CA
July 12, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 407 of 620

City of Vista, CA
July 12, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 408 of 620

04/23/2024 C6 409 of 620

City of Vista, CA
July 13, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 410 of 620

04/23/2024 C6 412 of 620

04/23/2024 C6 413 of 620

City of Vista, CA
July 13, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 414 of 620

City of Vista, CA
July 13, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 415 of 620

04/23/2024 C6 416 of 620

04/23/2024 C6 417 of 620

City of Vista, CA
July 13, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 418 of 620

City of Vista, CA
July 13, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 419 of 620

04/23/2024 C6 420 of 620

04/23/2024 C6 421 of 620

City of Vista, CA
November 2, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 422 of 620

04/23/2024 C6 424 of 620

City of Vista, CA
September 7, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 425 of 620

04/23/2024 C6 427 of 620

City of Vista, CA
September 5, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 428 of 620

04/23/2024 C6 430 of 620

04/23/2024 C6 431 of 620

04/23/2024 C6 434 of 620

04/23/2024 C6 435 of 620

04/23/2024 C6 438 of 620

04/23/2024 C6 439 of 620

04/23/2024 C6 442 of 620

04/23/2024 C6 443 of 620

City of Vista, CA
July 17, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 444 of 620

04/23/2024 C6 446 of 620

City of Vista, CA
July 17, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 447 of 620

City of Vista, CA
July 17, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 448 of 620

04/23/2024 C6 449 of 620

City of Vista, CA
July 18, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 450 of 620

04/23/2024 C6 452 of 620

City of Vista, CA
September 7, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 50 feet
Print Date:0 30 6015
ft
04/23/2024 C6 453 of 620

City of Vista, CA
September 7, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 50 feet
Print Date:0 30 6015
ft
04/23/2024 C6 454 of 620

04/23/2024 C6 455 of 620

04/23/2024 C6 456 of 620

City of Vista, CA
July 20, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 457 of 620

04/23/2024 C6 459 of 620

04/23/2024 C6 460 of 620

04/23/2024 C6 461 of 620

04/23/2024 C6 464 of 620

04/23/2024 C6 465 of 620

04/23/2024 C6 468 of 620

04/23/2024 C6 469 of 620

City of Vista, CA
July 20, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 470 of 620

City of Vista, CA
July 20, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 471 of 620

04/23/2024 C6 472 of 620

04/23/2024 C6 475 of 620

City of Vista, CA
July 20, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 100 feet
Print Date:0 60 12030
ft
04/23/2024 C6 476 of 620

City of Vista, CA
July 20, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 100 feet
Print Date:0 60 12030
ft
04/23/2024 C6 477 of 620

04/23/2024 C6 478 of 620

04/23/2024 C6 479 of 620

City of Vista, CA
August 25, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 480 of 620

04/23/2024 C6 482 of 620

04/23/2024 C6 483 of 620

City of Vista, CA
July 28, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 484 of 620

04/23/2024 C6 486 of 620

City of Vista, CA
August 25, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 487 of 620

City of Vista, CA
August 25, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 488 of 620

04/23/2024 C6 489 of 620

04/23/2024 C6 490 of 620

04/23/2024 C6 491 of 620

City of Vista, CA
August 25, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 492 of 620

City of Vista, CA
August 25, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 493 of 620

04/23/2024 C6 494 of 620

04/23/2024 C6 495 of 620

City of Vista, CA
September 5, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 496 of 620

City of Vista, CA
September 5, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 497 of 620

04/23/2024 C6 498 of 620

04/23/2024 C6 499 of 620

City of Vista, CA
September 5, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 50 feet
Print Date:0 30 6015
ft
04/23/2024 C6 500 of 620

City of Vista, CA
September 5, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 50 feet
Print Date:0 30 6015
ft
04/23/2024 C6 501 of 620

04/23/2024 C6 502 of 620

04/23/2024 C6 503 of 620

04/23/2024 C6 504 of 620

04/23/2024 C6 505 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
04/23/2024 C6 506 of 620

04/23/2024 C6 508 of 620

04/23/2024 C6 511 of 620

04/23/2024 C6 514 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 50 feet
Print Date:0 30 6015
ft
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 50 feet
Print Date:0 30 6015
ft
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 530 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 532 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 533 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 534 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 535 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
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City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 545 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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04/23/2024 C6 547 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 548 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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04/23/2024 C6 550 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
04/23/2024 C6 551 of 620

City of Vista, CA
August 31, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 13 feet
Print Date:0 8 164
ft
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04/23/2024 C6 553 of 620

City of Vista, CA
August 30, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 25 feet
Print Date:0 10 205
ft
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SRK
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04/23/2024 C6 613 of 620

ARPA City Wide CMP Replacement Project - Phase 2 (CIP No. 8239) SRK Engineering
Line
Item Description Quantity
Unit of
Measure Unit Cost Total
1 Project Information Sign 6 EA $5,000.00 $30,000.00
2 Record Drawing (As-Built) Plans. (Stipulated Amount)1 EA $7,500.00 $7,500.00 3 Unforeseen Field Conditions. (Stipulated Amount)1 EA $95,000.00 $95,000.00 4 12 Deep Over-excavation of Trench for 18 RCP per Detail 3 in Appendix M as directed by the Engineer.100 LF $68.00 $6,800.00
5 12 Deep Over-excavation of Trench for 24 RCP per Detail 3 in Appendix M as directed by the Engineer.100 LF $70.00 $7,000.00
6 12 Deep Over-excavation of Trench for 30 RCP per Detail 3 in Appendix M as directed by the Engineer.100 LF $72.00 $7,200.00
7 12 Deep Over-excavation of Trench for 36 RCP per Detail 3 in Appendix M as directed by the Engineer.100 LF $74.00 $7,400.00
8 Install Geogrid BX1100 to reinforce the subgrade of trenches as directed by the Engineer.500 SF $9.00 $4,500.00
9 Remove and Replace existing 6 Water Line with C- 900 PVC Pipe if Joint is uncovered in Trench and the Inspector determines replacement is required.15 LF $2,000.00 $30,000.00 10 Adjust Water Valve Cover to Finish Grade.72 EA $700.00 $50,400.00 11 Location 1 Storm Drain Replacement Per Appendix L 1 LS $56,000.00 $56,000.00 12 Location 2 Storm Drain Replacement Per Appendix L 1 LS $103,000.00 $103,000.00 13 Location 3 Storm Drain Replacement Per Appendix L 1 LS $85,000.00 $85,000.00 14 Location 4 Storm Drain Replacement Per Appendix L 1 LS $68,000.00 $68,000.00 15 Location 5 Storm Drain Replacement Per Appendix L 1 LS $65,000.00 $65,000.00 16 Location 6 Storm Drain Replacement Per Appendix L 1 LS $88,000.00 $88,000.00 17 Location 7 Storm Drain Replacement Per Appendix L 1 LS $77,000.00 $77,000.00 18 Location 8 Storm Drain Replacement Per Appendix L 1 LS $134,000.00 $134,000.00 19 Location 9 Storm Drain Replacement Per Appendix L 1 LS $112,000.00 $112,000.00 20 Location 10 Storm Drain Replacement Per Appendix L 1 LS $94,000.00 $94,000.00 21 Location 11 Storm Drain Replacement Per Appendix L 1 LS $142,000.00 $142,000.00 22 Location 12 Storm Drain Replacement Per Appendix L 1 LS $109,000.00 $109,000.00 23 Location 13 Storm Drain Replacement Per Appendix L 1 LS $79,000.00 $79,000.00 24 Location 14 Storm Drain Replacement Per Appendix L 1 LS $96,000.00 $96,000.00 25 Location 15 Storm Drain Replacement Per Appendix L 1 LS $44,000.00 $44,000.00 26 Location 16 Storm Drain Replacement Per Appendix L 1 LS $123,500.00 $123,500.00 27 Location 17 Storm Drain Replacement Per Appendix L 1 LS $88,000.00 $88,000.00 28 Location 18 Storm Drain Replacement Per Appendix L 1 LS $60,000.00 $60,000.00 29 Location 19 Storm Drain Replacement Per Appendix L 1 LS $93,000.00 $93,000.00 30 Location 20 Storm Drain Replacement Per Appendix L 1 LS $79,000.00 $79,000.00 31 Location 21 Storm Drain Replacement Per Appendix L 1 LS $85,000.00 $85,000.00 32 Location 22 Storm Drain Replacement Per Appendix L 1 LS $310,000.00 $310,000.00 33 Location 23 Storm Drain Replacement Per Appendix L 1 LS $135,000.00 $135,000.00 34 Location 24 Storm Drain Replacement Per Appendix L 1 LS $113,000.00 $113,000.00 35 Location 25 Storm Drain Replacement Per Appendix L 1 LS $125,000.00 $125,000.00 36 Location 26 Storm Drain Replacement Per Appendix L 1 LS $108,000.00 $108,000.00 37 Location 27 Storm Drain Replacement Per Appendix L 1 LS $107,000.00 $107,000.00 38 Location 28 Storm Drain Replacement Per Appendix L 1 LS $156,000.00 $156,000.00 39 Location 29 Storm Drain Replacement Per Appendix L 1 LS $139,000.00 $139,000.00 40 Location 30 Storm Drain Replacement Per Appendix L 1 LS $96,000.00 $96,000.00 41 Location 31 Storm Drain Replacement Per Appendix L 1 LS $105,000.00 $105,000.00 42 Location 32 Storm Drain Replacement Per Appendix L 1 LS $113,000.00 $113,000.00 43 Location 33 Storm Drain Replacement Per Appendix L 1 LS $294,000.00 $294,000.00 44 Location 34 Storm Drain Replacement Per Appendix L 1 LS $89,000.00 $89,000.00 45 Location 35 Storm Drain Replacement Per Appendix L 1 LS $157,000.00 $157,000.00 46 Location 36 Storm Drain Replacement Per Appendix L 1 LS $79,000.00 $79,000.00 47 Location 37 Storm Drain Replacement Per Appendix L 1 LS $84,000.00 $84,000.00 48 Location 38 Storm Drain Replacement Per Appendix L 1 LS $93,000.00 $93,000.00 49 Location 39 Storm Drain Replacement Per Appendix L 1 LS $109,000.00 $109,000.00 50 Location 40 Storm Drain Replacement Per Appendix L 1 LS $90,000.00 $90,000.00 51 Location 41 Storm Drain Replacement Per Appendix L 1 LS $84,000.00 $84,000.00 04/23/2024 C6 614 of 620

ARPA City Wide CMP Replacement Project - Phase 2 (CIP No. 8239) SRK Engineering
52 Location 42 Storm Drain Replacement Per Appendix L 1 LS $96,000.00 $96,000.00 53 Location 43 Storm Drain Replacement Per Appendix L 1 LS $84,500.00 $84,500.00 54 Location 44 Storm Drain Replacement Per Appendix L 1 LS $80,000.00 $80,000.00 55 Location 45 Storm Drain Replacement Per Appendix L 1 LS $140,000.00 $140,000.00 56 Location 46 Storm Drain Replacement Per Appendix L 1 LS $121,000.00 $121,000.00 57 Location 47 Storm Drain Replacement Per Appendix L 1 LS $111,000.00 $111,000.00 58 Location 48 Storm Drain Replacement Per Appendix L 1 LS $68,500.00 $68,500.00 59 Location 49 Storm Drain Replacement Per Appendix L 1 LS $74,000.00 $74,000.00 60 Location 50 Storm Drain Replacement Per Appendix L 1 LS $110,000.00 $110,000.00 61 Location 51 Storm Drain Replacement Per Appendix L 1 LS $123,000.00 $123,000.00 62 Location 52 Storm Drain Replacement Per Appendix L 1 LS $167,000.00 $167,000.00 63 Location 53 Storm Drain Replacement Per Appendix L 1 LS $82,000.00 $82,000.00 64 Location 54 Storm Drain Replacement Per Appendix L 1 LS $114,000.00 $114,000.00 65 Location 55 Storm Drain Replacement Per Appendix L 1 LS $114,000.00 $114,000.00 66 Location 56 Storm Drain Replacement Per Appendix L 1 LS $113,000.00 $113,000.00 67 Location 57 Storm Drain Replacement Per Appendix L 1 LS $244,000.00 $244,000.00 68 Location 58 Storm Drain Replacement Per Appendix L 1 LS $56,000.00 $56,000.00 69 Location 59 Storm Drain Replacement Per Appendix L 1 LS $68,000.00 $68,000.00 70 Location 60 Storm Drain Replacement Per Appendix L 1 LS $66,000.00 $66,000.00 Total $6,744,300.00
04/23/2024 C6 615 of 620

CITY OF VISTA Page 1 of 2 SRK ENGINEERING, INC.
00065304 5 [00065304 3] PAYMENT BOND (LABOR & MATERIALS) 4878-3952-6061, v. 2
Bond No.

Premium: $
Effective Date:

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

T City awarded a contract to SRK Engineering, Inc.

ARPA City Wide CMP Replacement Project Phase 2 (CIP No. 8239), 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)
bound unto City in the penal sum of Six Million Seven Hundred Forty Four Thousand Three Hundred Dollars ($6,744,300), 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 ), 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.
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 In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear

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.

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 04/23/2024 C6 616 of 620

CITY OF VISTA Page 2 of 2 SRK ENGINEERING, INC.
00065304 5 [00065304 3] PAYMENT BOND (LABOR & MATERIALS) 4878-3952-6061, v. 2
representative(s) pursuant to authority of its governing body.

Dated:

SRK ENGINEERING, INC.

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

APPROVED
Amanda L. Guy
20240313154822

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.

04/23/2024 C6 617 of 620

CITY OF VISTA Page 1 of 3 SRK ENGINEERING, INC.
00065305 5 [00065305 3] PERFORMANCE BOND (FAITHFUL PERFORMANCE) 4892-1873-1181, v. 2
Bond No.

Premium: $
Effective Date:

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

T City has awarded a contract with SRK Engineering, Inc.

ARPA City Wide CMP Replacement Project Phase 2 (CIP No. 8239), 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)
bound unto City in the penal sum of Six Million Seven Hundred Forty Four Thousand Three Hundred Dollars ($6,744,300), 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
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 incurred by City for: rental expenses; losses of use, income, profit, business, and reputation; increased financing y 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 obligations with respect to warranties, guarantees, and the payment of liquidated damages; or, if required by City; (c) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions using a procurement methodology approved by City, select a contractor or contractors acceptable to City to complete all of the Work, and arrange for a contract between the contractor(s) and City, to be secured with performance and payment bonds executed by an admitted surety insurer equivalent to the bonds issued on the Construction Contract, and Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract 04/23/2024 C6 618 of 620

CITY OF VISTA Page 2 of 3 SRK ENGINEERING, INC.
00065305 5 [00065305 3] PERFORMANCE BOND (FAITHFUL PERFORMANCE) 4892-1873-1181, v. 2
Documents, including other costs and damages for which Surety is liable under this Bond and all obligations with

(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 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 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 Co
litigation.

City is an intended beneficiary of this bond and has all rights of a party thereto. [Text and signatures continued on page 3.]

04/23/2024 C6 619 of 620

CITY OF VISTA Page 3 of 3 SRK ENGINEERING, INC.
00065305 5 [00065305 3] PERFORMANCE BOND (FAITHFUL PERFORMANCE) 4892-1873-1181, v. 2
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:

SRK ENGINEERING, INC.

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

APPROVED
Amanda L. Guy
20240313155133

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.

04/23/2024 C6 620 of 620

Vista City CouncilApril 23, 2024

Vista City Council
April 23, 2024