Vista City Council
August 11, 2026

SECTION 312 – MISCELLANEOUS

312-1 RESIDENTIAL MAILBOX.
312-1.1 General.

The work shall consist of removing, temporarily relocating, and finally replacing with new mailbox posts, platforms, mailboxes, mounting plate and lag bolts for all existing mailboxes to be impacted by the construction. In the event that the homeowner wants the existing mailbox reinstalled, the CONTRACTOR shall reinstall the existing mailbox instead of supplying new mailbox. Decorative mailboxes made out of materials that cannot be readily replaced will be salvaged to the homeowner.

The CONTRACTOR shall determine such locations for temporary relocations and final placement of the mailbox, after consultation with the homeowner of the property, the ENGINEER, and the local Post Office.

New mailboxes with a four inch by four inch (4”x 4”) pressure treated post, a one and one-half inch (1-1/2”) thick redwood or pressure treated wood support and galvanized lag bolts shall be installed in accordance with the details shown on City of Vista Standard Drawing SRF-04 (“MAILBOX INSTALLATION DESIGN IN SIDEWALK”). Mailboxes, posts, and hardware shall be per Subsection 218-1 (“RESIDENTIAL MAILBOX.”) of these specifications.

Some existing mailboxes consist of multiple units serving two or more residences. These mailbox clusters shall be installed with new individual mailboxes mounted on a similar cluster style mounting plate. If the multiple unit is a standard metal style group mailbox, then the CONTRACTOR shall reinstall the group mailbox.

Prior to purchasing the new mailboxes the CONTRACTOR shall submit shop drawings to the ENGINEER for approval showing the manufacturers catalog sheets and including all mounting and installation details.

312-1.2 Payment.

New Mailbox or Relocate Existing Mailbox shall be paid for per each bid price as shown on the BID SCHEDULE. Such price shall be paid for each mailbox serving an individual residence whether existing mailbox was relocated or replaced including cluster style grouped mailboxes and shall include full compensation for materials, labor, and equipment required for Mailbox and no additional compensation will be made.

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,

AND PAVEMENT MARKERS

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314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-2.1 General.

Replace the first sentence in the first paragraph with the following:

The Contractor shall remove all existing traffic striping, including existing striping that has been painted over with black paint, and pavement markings by wet or dry sandblasting, high velocity water jet, grinding, or other methods to accommodate the final pavement striping and markings to the fullest extent possible from the pavement that does not materially damage the surface or texture of the pavement or surfacing. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the Work progresses. Accumulations of sand or other material, which might interfere with drainage or might constitute a hazard to traffic, will not be permitted.

Add the following paragraph:

For resurfacing projects, yellow thermoplastic containing lead may be left in place and paved over if possible, to avoid issues related to removing and disposing of hazardous materials. If yellow thermoplastic must be removed, the Contractor shall handle and dispose of the material as lead- bearing hazardous waste.

314-2.2 Measurement.

Delete this subsection in its entirety.

314-2.3 Payment.

Replace this subsection in its entirety with the following:

314-2.3 Payment. Payment for removal of traffic striping, curb markings, and pavement markings will be made at the Lump Sum price or considered as included in the prices Bid for other related items of work.

314-3 REMOVAL OF PAVEMENT MARKERS.
314-3.1 General.

Replace the first sentence in the first paragraph with the following:

314-3.1 General. All existing raised pavement markers shall be removed before paving work proceeds and shall be performed in such a manner as to leave the existing pavement undamaged.

314-3.2 Measurement.

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Replace this subsection in its entirety with the following:

314-3.2 Measurement. Removal of traffic striping and markings will be measured as a lump sum item.

314-3.3 Payment.

Replace this subsection in its entirety with the following:

314-3.3 Payment. Payment for removal of pavement markers will be considered as included in the prices Bid for other various bid items of Work and no additional compensation will be allowed.

314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-4.3 Painting Traffic Striping and Curb and Pavement Markings. 314-4.3.1 General.

Replace the first sentence in the first paragraph with the following:

The work shall consist of applying painted (including glass beads) traffic striping, curb and pavement markings, concrete wheel stops, and new red curb and blue curb at the locations shown on the Plans.

Add the following paragraphs:

If a portion of a crosswalk or limit line is disturbed by construction, then the entire crosswalk or limit line shall be removed and replaced, or restriped.

All striping, RPM’s, and pavement markings that are disturbed by construction shall be replaced.

If the Plans or Project Exhibits show striping plans, all interfering striping and marking shall be removed, and new striping and marking shall be installed as shown on the plans. If no striping plans are provided, existing striping shall be replaced in kind.

All intersection limit lines, pavement legends, and crosswalks to be replaced shall be thermoplastic. Other striping shall be painted. New raised pavement markers shall be installed as required by the California Manual on Uniform Traffic Control Devices and the Caltrans Standard Plans, even if they were not previously on the street. Blue raised reflective pavement markers shall be installed at all fire hydrants.

The locations of all signs, including those to be relocated or replaced, must be approved by the Traffic Engineering Division of the Engineering Department before placement. All signs shall be installed on metal sign posts, unless wood posts are specified. If wood posts are called out on the Plan, the posts shall be four inch by four inch (4” x 4”) pressure-treated unpainted wood, anchored in undisturbed soil a minimum of twenty-four inches (24”) below finished grade and backfilled with post- hole concrete above twenty inches (20”) of sand). If in sidewalk area, wood post backfill shall be four inches (4”) of concrete above twenty inches (20”) of sand or gravel, inside an eight inch diameter (8”ø) PVC sleeve. The installation of wood sign posts shall be rejected if posts are damaged, bent or 08/11/2026 C11 272 of 436

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splintered. Technical Provisions from these specifications shall take precedence over other specifications. If not otherwise specified, the work required for Traffic Striping and Signing shall conform to these specifications.

314-4.3.7 Payment.

Replace the subsection in its entirety with the following:

314-4.3.7 Payment. The quantities of traffic striping, signing and pavement markings shall be measured as a lump sum, complete in place, as shown on the Plans, and as specified in the BID SCHEDULE. Payment for bid items related to all striping, signing and pavement markings shall be at the lump sum or unit prices specified in the BID SCHEDULE and shall constitute full compensation for all materials, labor, equipment, tools, mobilization, clearing and grubbing, excavation, placing and removing temporary striping and striping tabs, painting legends, raised pavement markers and pavement markings, salvaging signs and delivering them to the Agency’s Public Works Yard at 1165 E. Taylor Street, installing new signs on new and existing posts or poles, providing, painting and installing concrete wheel stops, painting new red curb and blue curb, painting all parking stalls, handicap legends, and incidentals necessary as specified, and no additional compensation will be allowed.

PART 4 – EXISTING IMPROVEMENTS

SECTION 400 – PROTECTION AND RESTORATION

400-1 GENERAL.

Add the following paragraphs:

The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, signage, adjacent property, trees, turf, lawn and shrubbery that are to be relocated or not to be removed.

All trees, turf, lawn, and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, highway or street signs and facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from damage. The Contractor shall provide and install suitable safeguards to protect such objects from damage. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified as approved by the Engineer.

In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect, as may be necessary, all foundations and other parts of all existing structures, and all portions of other existing facilities including waterlines, storm drains, and sewer lines, adjacent to and 08/11/2026 C11 273 of 436

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adjoining the site of the Work, which are in any way affected by the excavations or other operations connected with the performance of the Work.

The Contractor shall maintain all existing roadside mailboxes and official signs other than those called for removal, including but not limited to directional, warning, advisory, regulatory and street markers. The mailboxes and signs shall be maintained in an erect and functional position and condition at all times during the construction period in either temporary or permanent location as designated by the Engineer. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the Agency.

The Contractor shall maintain in operation all existing traffic signals and street lighting for the benefit of the public during the progress of the Work. Existing electric services, traffic signal equipment, traffic signs, and street lights that are being replaced or relocated shall remain in service until the replacement facilities are installed and operational or useable).

All costs involved in protection and restoration of existing improvements shall be included in related items of work and no additional compensation shall be allowed therefore.

SECTION 401 – REMOVAL

401-1 GENERAL

Delete this subsection in its entirety and replace with the following:

Unless otherwise specified, materials removed shall be considered the property of the Contractor and shall be properly disposed of outside the Work area by the Contractor. The Work area shall be left with a neat and finished appearance.

401-2 ASPHALT CONCRETE PAVEMENT.

Delete this subsection in its entirety and replace with the following:

Bituminous pavement and all paving fabric within the prescribed thickness to be removed shall be removed to clean, straight lines. Sawcutting of edges to be joined is required, unless the entire pavement section is removed by cold milling. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be cold milling or other method approved by the Engineer, and a minimum laying depth of one and one-half inches (1-1/2”) of new pavement material shall be provided at the edge of new pavement. Where new bituminous pavement adjoins existing pavement, either at a trench or a section where pavement has been removed or is being widened, the edges where new pavement meets existing pavement shall be trimmed to neat straight lines and cold milled a minimum of one and one-half inches (1-1/2”) deep for a minimum of six inches (6”) wide from the edge before paving or resurfacing, to ensure that all surfaces being paved or resurfaced are accessible to the rollers used to compact the subgrade or paving materials, and to provide an overlay key at the join line.

401-3 CONCRETE AND MASONRY IMPROVEMENTS.
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401-3.1 Concrete Pavement.

Modify the first two sentences of this subsection to read as follows:

Concrete pavement shall be removed to neatly sawed edges. Sawcuts shall be made to a minimum depth of three inches (3”).

401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway, and Alley Intersections.

Modify the first sentence of this subsection to read as follows:

Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of three inches (3”).

Modify the last sentence of this subsection to read as follows:

Curb and gutter shall be sawed to a minimum depth of three inches (3”), or otherwise as required to prevent damage to the adjacent concrete to remain, on a neat line at right angles to the curb face.

SECTION 402 – UTILITIES

402-1 LOCATION.
402-1.1 General.

Modify the first sentence of the second paragraph of this subsection to read as follows:

At least two (2) Working Days (48 hours minimum), but not more than fourteen (14) days, prior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 811-422-4133 or 800-422-4133 for a Dig Alert I.D. Number and shall ensure that all existing underground utilities have been marked by their owners prior to any potholing or excavating.

Section 4216 / 4217 of the Government Code requires a Dig Alert I.D. Number to be issued before a “Permit to Excavate” will be valid.

Replace the third, fourth, and fifth paragraph with the following:

Unless specified otherwise as previously potholed, elevations shown on the Plans for existing utilities are based on a search of record information available during the design only and are solely for the Contractor’s convenience. The Agency does not warrant the accuracy of the completeness of the location, elevation or type of existing utilities and substructures shown on the Plans. The Contractor shall pothole (or by other suitable methods) and determine the location and depth of all utilities marked by their owners, and of all service connections and laterals, which may affect or be affected by the Contractor’s operations. The Contractor shall provide all survey necessary to locate the proposed alignment for potholing purposes. Said potholing shall be done ahead of trench excavation and pipe laying such that the information on horizontal location and depth, in the form of a tabulated pothole report with utility type, stations, top of pipe elevation, and clearance from proposed facility 08/11/2026 C11 275 of 436

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profile, shall be given to the Engineer at least fourteen (14) Working Days ahead of trench excavation or other construction but not greater than thirty (30) Working Days ahead of construction in that area, and a potholing report shall be provided to the Engineer (3) working days prior to site mobilization.

The Contractor shall pothole all underground utilities which are shown on the Plans, or marked in the field by utility owners, as being within five feet (5’) horizontal distance from the edge of any planned Project sewer main or lateral, water main or service, storm drain, electrical conduit, gas main, telephone and cable TV conduit, fiber optic conduit or irrigation conduit alignment, and which are within the trench excavation section or above the planned Project facility. The potholes shall be at all crossings of each utility and at one hundred foot (100’) intervals along each parallel utility. The Contractor shall refill these potholes immediately after establishing those locations. The refilling shall conform to the relative compaction requirements for trenches. In the event obstructions not shown on the Plans are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the Engineer shall change the Plans and order the necessary deviation from the Project planned line and grade. The Contractor shall not make any deviation from the specified line and grade without approval by the Engineer. Should any deviations in the line and grade be permitted by the Engineer at the request of the Contractor, any additional costs for thrust blocks, valves, concrete, or other additional costs shall be borne by the Contractor. Full compensation for such work shall be considered as included in the prices bid for other items of work. No extension of time or additional compensation will be made for delays caused by failure of the Contractor to complete necessary potholing in a timely manner. The Contractor shall bear the cost of repairing or replacing any existing facility damaged by his potholing work, and shall have affected services back in operation within four (4) hours of interruption.

402-1.2 Payment

Replace the subsection with the following:

402-1.2 Payment. The lump sum price for Utility Potholing in the BID SCHEDULE shall include all labor, materials, and equipment necessary to perform the work and document the results, and no additional compensation will be allowed. If no bid item is shown in the BID SCHEDULE the payment is considered to be included in the prices bid for various related items of the Work.

402-2 PROTECTION.

Modify the second paragraph to read:

The Contractor shall furnish and place the necessary protection at its expense to ensure support of utilities located as shown on the Plans or in accordance with 402-1. Any damage to a utility shall be repaired by the Contractor to the satisfaction of the organization owning the facility at no additional cost to the Agency. The Agency reserves the right, if so requested by the utility owner, to permit the utility owner to repair such damage, and all expenses of whatever nature arising from such damage shall be borne by the Contractor.

Modify the third paragraph to read:

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Upon learning of the existence and location of any underground utility main structures omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer and utility owner in writing. When authorized by the Engineer, support or protection of the utility main substructure will be paid for as provided in Subsection 7-3 or 7-4.

Add the following paragraph to this subsection:

During construction of the Work, some of the existing utilities may fall within the prism of trenches.

If the existing utility does fall within the Contractor’s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner’s requirements. The cost to support and protect existing utilities shall be included in the various bid items and no additional compensation shall be allowed. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities.

402-4 RELOCATION.

Modify the third paragraph to read:

The Contractor shall alter, relocate, or reconstruct all fire hydrants, traffic signal and street light pullboxes, sewer cleanouts and manholes, storm drain cleanouts and manholes, and other surface and subsurface structures owned by the City of Vista or by the City of Oceanside, or those facilities required in the Plans or Specifications to be altered, relocated, reconstructed, or adjusted to grade.

Payment for this work shall be as shown in the BID SCHEDULE. If no item is included in the Bid for this work, the cost for this work shall be included in the related items of Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.

All water valve covers and meter boxes owned by VID; CP Test Station covers; electrical utility vaults and transformers; gas utility valve covers; telecommunication vaults, manholes and risers; and other surface and subsurface structures, not owned by the City of Vista, or required in the Plans or Specifications to be relocated or adjusted to grade “By Others”, shall be relocated or adjusted to grade by the owner of the respective utility. The Contractor shall notify each utility owner a minimum of two (2) Working Days before commencing the Work near their facilities.

Modify the fourth paragraph to read:

The utility owner will alter or relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. For sewer and water services, the Contractor shall arrange for the alteration or relocation of service connections as necessary between the sewer main or the water meter and property line, or between the sewer main or the water meter and the limits of temporary construction or slope easements. In all cases of alteration or relocation of service connections, the Contractor shall notify residences being affected a minimum of four (4) hours prior to said alteration or relocation, and service connections shall be returned to service in no more than four (4) hours. Payment for the alteration or relocation of sewer or water service connections shall be as shown in the Bid Schedule. If no item is included in the Bid for this work, the cost of this relocation shall be included in the Bid for the items of Work necessitating such relocation. Payment 08/11/2026 C11 277 of 436

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for the relocation of other utility service connections, when directed by the Engineer, shall be in accordance with 7-3 or 7-4. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.

402-6 COOPERATION.

Modify the first paragraph to read:

The Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. The Agency has initiated communication with the appropriate utility companies that provide for the various service connections or utility relocations and adjustments as noted on the Plans. The responsibility for coordination with utility companies will be transferred to the Contractor with the Notice to Proceed and the Contractor shall assume the responsibility for all further coordination with the utility company. The Contractor shall be responsible for maintaining contact with the utility company representatives and providing necessary effort in scheduling utility work so that delays in overall construction schedule are avoided and utility services are in place for connection upon completion of Contract construction.

Add the following paragraphs to this Subsection:

The Contractor shall be responsible for coordinating with utility companies and other public service agencies, as necessary, to assure timely relocation or adjustment of franchise utilities and other facilities within the specified Contract completion time. The Contractor shall schedule his work to accommodate the adjustments, relocations and / or replacements, to avoid interference with the Contractor's work. The Contractor is required to contact the following organizations (as appropriate for the Project) prior to the start of the Work for updates to the status of the utility work, and for details regarding their respective schedules and requirements (i.e. inspections, etc.).

COMPANY UTILITY CONTACT TELEPHONE EMAIL
Vista Sanitation District Sewer Ken Knatz 760-643-5416 [email protected] Buena Sanitation District Sewer Ken Knatz 760-643-5416 [email protected] City of Vista Well Water
City of Vista Storm Drain Chris Arce 760-643-5459 [email protected] City of Vista Traffic Signal Chris Arce 760-643-5459 [email protected] City of Vista Street Lights Chris Arce 760-643-5459 [email protected] City of Vista Fiber Optic Communication Chris Arce 760-643-5459 [email protected] Vista Irrigation District Water Engineering 760-597-3116 [email protected] City of Oceanside Utilities Water and Sewer Cari Dale [email protected] City of Oceanside Utilities Contracts John McKelvey [email protected] Vallecitos Water District Water and Sewer Lee Kirby 760-744-0460 [email protected] SDG&E Electric Keenon Holmes 858-654-8602 [email protected] SDG&E Gas Vincent Vargas 619-214-2961 [email protected]
SDG&E Street Lights Nicole Brodbeck 858-636-6832 [email protected] AT&T Tele Communications Kristy McClaskey 760-489-3115 [email protected] Cox Communications Tele Communications Debra Capter 619-266-5217 [email protected] Charter Communications Tele Communications Michael Estrada 619-341-0516 [email protected] Charter Communications Tele Communications Peter S. Crampton 619-207-7513 [email protected] Crown Castle Tele Communications Andrew Armstrong 760-613-4671 Andrew.armstrong @crowncastle.com NCTD Bus / Railroad Ruth H. Mbah 760-967-2834 [email protected] NCTD Bus / Railroad ALT Dept. Email [email protected]
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The Contractor shall contact the organizations at the beginning of the Project, obtain information on their requirements, provide them a construction schedule that meets their requirements, update the construction schedule on a weekly basis, meet with the company representatives, provide an adequate construction window and a clear area for them to work, document meetings and coordination efforts, provide copies of all correspondence and other documentation to the Agency on a weekly basis, and perform all other necessary coordination work to the satisfaction of the organizations and the Engineer. Notifications by the Contractor shall be in writing, with proof of receipt.

Copies of each notification and proof of receipt shall be submitted to the Engineer.

SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION

403-1 GENERAL.

Modify this subsection to read as follows:

Utility valve, manhole, and vault frames and covers within an area to be paved or graded will be set by the owners thereof to finished grade. The Contractor shall adjust all storm drain manholes, sewer cleanouts and manholes, water valve sleeves and covers not adjusted by the owner, survey monument covers and other miscellaneous facilities requiring adjustment to the finished grade, unless the adjustment is designated as “By Others”, in accordance with the Contract Documents. Existing manholes shall be ramped with a minimum of ten feet (10’) round with temporary asphalt. Temporary asphalt ramps shall be completely removed prior to asphalt overlay. The area around each manhole must be compacted prior to paving. Contractor shall be responsible to provide all riser rings, grade rings, slip cans and/or sleeves needed for adjustments. The Contractor shall coordinate with the various utility companies to ensure that the utility companies complete their adjustment work prior to the completion of the Work.

The Contractor shall exercise care so that surface materials such as rocks, dirt, and debris do not enter sewer lines, manholes, valve and cleanout sleeves, and other utility facilities. In order to prevent contamination, Contractor shall provide a three-quarter inch (3/4”) thick plywood platform to be placed on the concrete shelf at the bottom of sewer manholes prior to starting adjustment work. The shape of this platform shall conform to the circumference of the inside wall at the shelf elevation. After the manhole had been adjusted, the material accumulated on the plywood shelf along with the plywood shelf shall be removed from the manhole and disposed of in accordance with Subsection 401 (“REMOVAL.”) The Contractor shall remove all debris from the interior of manholes, valve covers, and cleanouts and shall clean all foreign material from the top of the frames and covers. The Contractor shall include all costs in the related items of work, and no additional compensation will be allowed.

Add the following new paragraph(s) to this subsection:

Because VID water facility sleeve and cover adjustments in paved areas must be done as the paving operation proceeds, VID typically has a crew working at the same time the Contractor is performing the paving operations. If VID is not able to perform the work due to an unforeseen circumstance, the Contractor shall adjust those facilities to grade on behalf of VID as the paving work 08/11/2026 C11 279 of 436

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is being done. Because the quantity of VID covers to be adjusted depends on the availability of VID crews to perform the work, the quantity in the Bid is a rough estimate for bidding purposes only.

Stipulated unit prices may be included in the Bid to eliminate for all bidders the risk of including prices for those items of work in the bid and not getting the work.

403-2 MANHOLES IN CONCRETE PAVEMENT.

Modify this subsection to read as follows:

Manholes in asphalt concrete pavement shall be set to finish grade in accordance with provisions of 403-3. In the case of Portland cement concrete pavement, manhole frames shall be set to finish grade before paving. Repaving required as a result of reconstructing or adjusting all manhole and vault frames and covers to grade shall be the responsibility of the Contractor and the cost thereof shall be included in the bid item for pavement.

403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT.

Add the following paragraphs to this subsection:

The Contractor shall mark out and note locations of all manholes, covers, survey monuments, vaults, and other structures located at the street surface before paving operations commence. As the paving operation proceeds, the Contractor shall mark all manholes and other structures with paint for the owner’s ease in locating them in case of an emergency.

The Bid Schedule lists separate bid items for the adjustment of [utility manholes and valve covers owned by other agencies, sewer cleanouts, water valve sleeves and covers, CP Test Station covers, survey monument covers, etc.] and other miscellaneous facilities requiring adjustment to the finished grade. Separate bid items are included for adjusting manholes to grade using cast-iron riser rings and using pre-cast concrete grade rings. The Contractor shall adjust all facilities to grade as required to complete the work in accordance with the standards of the facility owner, unless those facilities are designated to be adjusted to grade “By Others”.

The Contractor shall adjust all storm drain manholes, sewer cleanouts and manholes, water valve sleeves and covers, survey monument covers and other structures requiring adjustment to the finished grade within the areas to be paved or planted in accordance with these Project Specifications and the Standard Specifications. The Contractor shall coordinate the adjustment of the covers with the associated utility owner and make sure the utility covers are uncovered and adjusted to grade immediately after the final paving to maintain access in case of an emergency. Frames and covers may need to be temporarily adjusted to be safe and provide access to the utilities during separate base course and surface course paving operations, but only the final adjustment will be a pay item.

Repaving required as a result of reconstruction or adjusting frames and covers to grade shall be the responsibility of the Contractor and the cost thereof shall be included in the bid price paid for the related items of work requiring such adjustment.

Sewer and storm drain manholes belonging to Vista shall be adjusted or reconstructed in accordance with the Vista Sewer System Design Standard Specifications. Manholes are either twenty- 08/11/2026 C11 280 of 436

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four inch (24”) single covers or thirty-six inch (36”) two-piece covers. Some manholes have existing cast-iron adjustment rings. For manholes that are in good condition and have no more than one cast- iron adjustment ring, the Contractor may adjust the manholes to grade using another cast-iron adjustment ring, for a maximum of two cast-iron rings. If the grout around the upper precast concrete riser rings or the frame is defective, the Contractor shall adjust the manhole to grade by removing the cover and frame, salvaging the cast-iron rings, and removing the precast concrete rings until the grout in the remaining precast concrete rings is in good condition, as determined by the Engineer. Then the Contractor shall adjust the frame and cover to grade using new precast concrete riser rings. If the cover is sitting low in the existing frame or adjustment ring, or the frame or cover is defective, the Contractor shall salvage the existing frame, cover, and rings, supply a new frame and cover, and adjust the new frame and cover to grade using precast concrete riser rings. If any manhole is defective to the extent that it requires fifteen inches or more (15”+) of pre-cast concrete riser rings to adjust the cover to grade, the Contractor shall reconstruct the manhole as described in the Specifications.

The Contractor shall exercise care so that surface materials such as rocks, dirt, and debris do not enter sewer lines, manholes, valve and cleanout sleeves, and other utility structures. In order to prevent contamination, Contractor shall provide a three-quarter inch (3/4”) thick plywood platform to be placed on the concrete shelf at the bottom of sewer manholes prior to cold milling pavement work.

The shape of this platform shall conform to the circumference of the inside wall at the shelf elevation.

After the manhole had been adjusted, the material accumulated on the plywood shelf along with the plywood shelf shall be removed from the manhole and disposed of in accordance with Section 401 (“REMOVAL.”) The Contractor shall remove all debris from the interior of manholes, valve covers, and cleanouts and shall clean all foreign material from the top of the frames and covers.

Because VID water valve cover and CP Test Station cover adjustments in paved areas must be done as the paving operation proceeds, VID typically has a crew working at the same time the Contractor is performing the paving operations. If VID is not able to perform the work due to an unforeseen circumstance, the Contractor shall adjust those facilities to grade on behalf of VID as the paving work is being done. Because the quantity of VID covers to be adjusted depends on the availability of VID crews to perform the work, the quantity in the Bid is a rough estimate for bidding purposes only. Stipulated unit prices may be included in the Bid to eliminate for all bidders the risk of including prices for those items of work in the bid and not getting the work.

Within five (5) Working Days of placing the asphalt concrete, the Contractor shall complete the adjustment of the manholes and miscellaneous utility frames and covers to grade. Immediately after the overlay operation, the Contractor shall mark all manhole and miscellaneous utility frames and cover locations with paint for ease of locating them in case of an emergency.

The tops of reset manholes and miscellaneous utility frames and covers shall meet the smoothness requirements as specified in Subsection 302-5.12 (“Smoothness.”) and be reconstructed per the City of Vista Standard Drawing SWR-33 (“SEWER MANHOLE RECONSTRUCTION”).

403-5 PAYMENT.

Modify this subsection to read as follows:

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Payment for adjusting manhole frames and covers to grade, where the difference between the lowest point of manhole riser removal to the final elevation of the top of the frame is less than 15 inches or where the adjustment is accomplished by adjustment rings only, will be made at the Contract unit price for adjusting each manhole frame or cover, using either cast-iron riser rings or pre-cast concrete grade rings.

Payment for adjusting manhole frames and covers to grade, where the difference between the lowest point of manhole riser removal to the final elevation of the top of the frame is 15 inches or more, will be made at the Contract unit price for reconstructing each manhole frame or cover. The work includes, but is not limited to, performing all necessary demolition, disposal, clearing and grubbing, excavation, base removal and replacement per these specifications, asphalt concrete removal and replacement per these specifications, modification of the manhole, Contractor’s Pollution Liability insurance, Transporters Pollution Liability Insurance, Sewage Spill Prevention and Response Plan, Wastewater Flow Diversion Plan, and all other required appurtenances, and performing all other work required to produce a complete and fully functional sewer manhole system, as shown on the Plans and as specified herein.

The Bid Schedule lists separate bid items for the adjustment of [utility manholes and valve covers owned by other agencies, sewer cleanouts, water valve sleeves and covers, CP Test Station covers, survey monument covers, etc.] and other miscellaneous facilities requiring adjustment to the finished grade. Separate bid items are included for adjusting manholes to grade using cast-iron riser rings and using pre-cast concrete grade rings. The Contractor shall adjust all facilities to grade as required to complete the work in accordance with the standards of the facility owner, unless those facilities are designated to be adjusted to grade “By Others”. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items for work, and no additional compensation will be allowed.

If no payment provision for manhole or vault adjustment or reconstruction is made, payment for such work will be considered included in the related items of work, and no additional compensation will be allowed.

SECTION 404 – COLD MILLING

404-1 GENERAL.

Modify the first paragraph of this subsection to read as follows:

The type of pavement and depth to be cold milled shall be as shown on the Plans or Specifications. Paving fabric may be encountered. All paving fabric within the milling depth shall be removed and disposed of properly to a legal hazardous waste disposal site. The surface after cold milling shall be uniformly grooved or ridged. The outside lines of the milled pavement shall be neat and uniform. The Contractor shall remove existing asphalt concrete overlay or slurry seal material within one foot of the edge of concrete gutters adjacent to any area to be cold milled. The removal procedure and equipment to be used shall be approved by the Engineer.

Add the following paragraphs to this subsection:
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For resurfacing, the existing asphalt concrete pavement shall be cold milled for pavement removal, header cuts and edge cuts, as detailed on the Plans and in the City of Vista Standard Cold Milling Details. The Contractor shall cold mill pavement adjacent to all concrete gutters, median curbs, AC Berms, speed humps or bumps, across intersecting side streets, and at the project limits. The cold milled area for edge cuts and header cuts on low-volume side streets will be at the width shown on the Plans, or a minimum of four feet (4’) wide, and tapered from the one and one-half inches (1-1/2”) minimum depth to a depth of zero inches (0”). Header cuts for high-volume side streets and across the main street will be a minimum of ten feet (10’) wide, tapered from one and one-half inches (1- 1/2”) minimum depth to zero inch (0”) depth.

The Contractor shall cold mill around drain grates in the street, to maintain positive drainage toward the drainage structure after new asphalt concrete is placed. Prior to cold milling, the Contractor shall provide covers over all existing storm drain grates and inlets to prevent entry of debris.

The pavement removal thicknesses and resurfacing thicknesses may exceed the thickness of the existing asphalt concrete pavement. The contractor shall remove asphalt concrete, paving fabric, base, subbase, and subgrade materials to the specified depth, using cold milling or other removal methods. The Contractor shall be prepared to perform the required cold milling, removals, subgrade preparation, and compaction work before pavement is replaced, whether the existing asphalt concrete pavement section is thicker or thinner than the specified asphalt concrete pavement section.

Contractor shall furnish one or more cold milling machines operated by experienced workmen.

The surface produced shall have a tolerance so that a ten-foot (10’) straight edge laid laterally will indicate variance of less than three-sixteenth of an inch (3/16”). Removal shall consist of: (1) planning and cutting the pavement to form a keyway header cut; and (2) removing the loosened material.

Loosened material shall be stored on the property of the Contractor and shall be disposed of off-site at the end of each workday.

Directly following the cold milling operation, all asphalt pavement joints within travel lanes that have vertical separation of more than one-half inch (1/2”) shall be ramped with temporary asphalt concrete. Ramps shall be no less than ten feet (10’) in length from the joint and shall extend across all travel lanes. Temporary asphalt ramps shall be completely removed and disposed of the job site prior to overlay application.

404-8 DISPOSAL OF MILLINGS.

Delete this subsection in its entirety and replace with the following:

Unless otherwise specified, millings including all hazardous and non-hazardous paving fabric shall be considered the property of the Contractor and shall be properly disposed at a legal disposal site, off the Work site by the Contractor. Disposal sites may require that the paving fabric be separated from the asphalt concrete prior to acceptance.

Prior to acceptance of the work, the Contractor shall sweep and/or remove all loose material created by the work from streets, gutters, curbs, medians, parkways, sidewalks, intersecting streets, adjacent lots, and driveways.
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404-9 TRAFFIC SIGNAL LOOP DETECTORS.

Add the following to this subsection:

The Contractor shall notify the Engineer a minimum of three (3) Working Days prior to the start of cold milling asphalt concrete pavement on any street containing traffic signal loop detectors.

404-10 PAVEMENT TRANSITIONS.

Modify this subsection to read as follows:

404-10 PAVEMENT TRANSITIONS. The Contractor shall trim edges with a saw to neat straight lines at all locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement. The Contractor shall also cold mill the edge a minimum of one and one-half inches (1 1/2”) deep for a minimum of six inches (6”) wide from the existing edge before paving or resurfacing. These measures are required to ensure that all surfaces being paved or resurfaced are accessible to the rollers used to compact the subgrade or paving materials, and to provide an overlay key at the join line. All temporary structures and vertical joints in the cold-milled area which are transverse to through traffic and greater than one inch (1”) in height, shall be ramped with temporary asphalt concrete pavement as specified in Subsection 306-13.1 (“Temporary Resurfacing.”). Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving is installed.

Ramp dimensions and compaction shall be approved by the Engineer.

404-11 MEASUREMENT.

Modify this subsection to read as follows:

404-11 MEASUREMENT. Quantities of cold milling shall be measured as shown in the Bid Schedule.

404-12 PAYMENT.

Modify this subsection to read as follows:

404-12 PAYMENT. Full compensation for any necessary cold milling, separation of asphalt concrete and paving fabric, disposal of millings, disposal of paving fabric, and construction, removal and disposal of temporary asphalt concrete ramps required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for Cold Milling, and no additional compensation will be allowed therefore.

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SECTION 600 – ACCESS

600-1 GENERAL.

Add the following paragraphs to this subsection:

The Contractor shall make every effort to keep driveways open during working hours. After hours all driveways shall be accessible with smooth and safe crossings through the construction.

600-3 PEDESTRIAN ACCESS.

Add the following paragraph to this subsection:

Sidewalks through the work area may be closed temporarily as long as alternate pedestrian access through the adjacent area or on the opposite side of the street is available at ALL times. The work must be phased so that pedestrian access is maintained at ALL times along street segments and through intersections. This includes performing construction activities only one side of a street segment at a time or on one corner of an intersection at a time to ensure that pedestrian access through the street segment or the intersection is always maintained.

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES

601-1 GENERAL.

Add the following paragraphs to this subsection:

The Contractor shall prepare and submit a traffic control, construction phasing, and detour plan for approval by the Agency, showing how traffic and access will be maintained during the work.

Wherever possible, Contractor shall maintain at least two (2) lanes of traffic, one in each direction, must be kept open during construction periods on all streets. Contractor may only close up to one (1) lane of traffic with flaggers and an approved traffic control plan. Work hours for one (1) lane closures shall be confined to the hours of 8:30am to 3:30pm. The Contractor shall furnish, install and maintain all necessary and appropriate signing and striping for lane closures to accommodate the work zone.

Emergency vehicles shall be permitted to pass through the work area without delay at all times.

Work shall be performed in a portion of the street section while the remainder of the street section is kept open and unobstructed until the newly-constructed improvements are ready for use by traffic.

The Contractor shall phase the removal operations so as to maintain the specified traffic lanes on existing pavement until sufficient new pavement is constructed to accommodate the traffic requirements. A smooth, even surface and a condition satisfactory for traffic shall be maintained on the portion of street where the two-directional traffic is being maintained. 08/11/2026 C11 285 of 436

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The Contractor shall cooperate with local authorities relative to handling local traffic and providing access to necessary services through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.

If temporary ‘No Parking’ zones are part of the approved Traffic Control Plan, the Contractor shall be responsible for furnishing and posting temporary ‘No Parking’ signs a minimum of forty-eight (48) hours in advance of work. Signs shall have the correct legend and any other necessary information such as hours of the day; days of the week; dates that the temporary ‘No Parking’ zone applies; and citation of the applicable section of the California Vehicle Code or the Vista Municipal Code. Signs shall be posted at one-hundred foot (100’) maximum intervals along the approved temporary ‘No Parking’ zone. Signs may be attached to existing sign and street light poles in the public right-of-way as approved in the Traffic Control Plan. When necessary to meet the spacing requirement or to ensure sign visibility, the Contractor shall furnish posts or barricades. The Contractor is responsible for the removal of all temporary “No Parking” signs and fasteners or tape used after the Work is completed on each street or alley.

The Contractor shall be responsible for furnishing and posting temporary ‘No Parking’ signs along all streets approved for closure. In addition to other requirements for temporary “No Parking” signs, “No Parking” signs for temporary road closures shall be posted at one-hundred foot (100’) maximum intervals on each side of the street to be closed, at all intersections, and ends of all cul-de-sac streets.

Implementation of traffic control devices per the approved Traffic Control Plan may not begin each workday before the hours specified on the approved Traffic Control Plan. In addition, construction work must be stopped before the end of the approved work period to allow sufficient time for all traffic control devices to be removed and for other devices and measures to be in place and operational as shown on the approved Traffic Control Plans within the specified time restrictions. The Contractor shall make adjustments to the construction staging and provide any required improvements or additional facilities, including temporary trench steel plate covers, temporary asphalt concrete pavement, barricades and delineators, and temporary signing and striping, which are necessary to make the work site functional and safe at all times. Improvements and facilities necessary to make the work site functional and safe shall be submitted to the Agency’s Traffic engineer for approval as part of the Traffic Control Plan.

Adequate drainage facilities shall be provided to maintain the traveled pavement surface in a condition free from ponding or running water. Water shall not be diverted from existing courses or allowed to pond on private property without the explicit permission, in writing, from the property owner.

Trenches in streets open to traffic shall be provided with temporary pavement surfacing, to maintain a smooth paved travel surface, if the street is not to be provided with permanent pavement surfacing within forty-eight (48) hours after pavement removal. Trench steel plate covers shall not be left in place longer than four (4) consecutive Working Days.

601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP).
601-2.1 General.

Add the following paragraphs to this subsection:
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The Contractor shall be prepared to discuss the traffic control plan and issues related to traffic control and access at the Pre-Construction Meeting. The Contractor shall submit traffic control plans for approval per Subsection 3-8.4 (“Supporting Information.”) at least ten (10) Working Days prior to commencement of work. All phases of the traffic control plans shall be prepared by a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone traffic Control Contractor) or a California registered Civil or Traffic Engineer and performed in conformance to the requirements of the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) for Streets and Highways, Caltrans Standard Specifications and Standard Plans, the Traffic Control Plans included in the latest edition of the San Diego Regional Standard Drawings (SDRSD), and the WATCH Manual (Work Area Traffic Control Handbook). No work shall commence until this plan and each construction phase of the Work that significantly affects existing traffic operations has been reviewed and approved by the Engineer.

The Contractor’s Traffic Control Plan shall list the Working Days and Hours scheduled for each street and each phase of the work, as described in these Specifications.

The relocation and / or installation of traffic and / or parking signs and other directional signage, as required on the Plans, shall conform to the City of Vista Standards, the California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans Standard Plans and Standard Specifications, San Diego Regional Standard Drawings (SDRSD), and all current ADA regulations All signs, including those to be relocated or replaced, need to have their new locations approved by the Traffic Engineering Division of the Engineering Department before placement. If not otherwise specified, the work required for Traffic Striping and Signing shall conform to these specifications and those in Section 314.

All signing, including “DETOUR AHEAD” signs and “OPEN DURING CONSTRUCTION” signs shall be proposed by the traffic control plan. The Engineer may direct alteration of the above sign messages and locations.

All traffic lanes shall have a minimum width of eleven feet (11’) unless otherwise specified. In addition to the lane width specified herein, the Contractor shall maintain a clearance of two feet (2’) feet to curbs, barricades, and other vertical obstructions.

It shall be the Contractor's responsibility to notify the appropriate utility companies listed in these Project Specifications and the other agencies listed below, at least two weeks in advance, when access to the public right-of-way is altered in any way. Notifications by the Contractor shall be in writing, with proof of receipt. Copies of each notification and proof of receipt shall be submitted to the Engineer.

UTILITY COMPANY / AGENCY PHONE NUMBER
City of Vista Fire Department (Business Office) 760-643-2801 San Diego County Sheriff’s Office (Non-emergency) 760-940-4551 EDCO Waste and Recycling Company (Customer Service) 760-727-1600 City of Vista Engineering Inspection (24 hour answering machine)
760-639-6113
City of Vista Building Division 760-639-6105
City of Vista Building Inspection Request Line (24 hour answering machine)
760-639-6106
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UTILITY COMPANY / AGENCY PHONE NUMBER
City of Vista Parks and Community Services 760-639-6151 North County Transit District (Monica Coria) 760-967-2851 Vista “Out and About” transit service 760-639-6161 x 1537 Vista Unified School District (Maintenance, Operations & Grounds)
760-726-2170 x 92702
United States Post Office (Vista, CA branch) 800-275-8777

601-2.2 Payment.

Add the following paragraph to this subsection:

Full compensation for developing and maintain (single or multi-phase) Traffic Control Plan and Construction Staging and furnishing Project traffic control, including the cost of all barricades, signs, all variable message signs, tools, equipment, incidentals, flagmen, providing notices, asphalt concrete and aggregate base for temporary resurfacing (and its removal), temporary conflicting traffic stripe application and grinded removal, trench steel plate cover installation and removal, and any other safety measures used for the control of traffic, any temporary rerouting of traffic or maintenance of access to properties during the Project construction period shall be paid for by the lump sum price bid as shown on the BID SCHEDULE and no additional compensation will be allowed.

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PART 8 – LANDSCAPING AND IRRIGATION

SECTION 800 – MATERIALS

800-1 LANDSCAPE MATERIALS.

Modify this subsection to read as follows:

800-1 LANDSCAPE MATERIALS. All landscape materials shall conform to all applicable City of Vista Standard Specifications for landscaping (see list of Appendices in Table of Contents). If not otherwise specified in the City of Vista Standard Specifications for landscaping, landscape materials shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.

800-1.1 Topsoil.
800-1.1.1 General.

Delete this subsection in its entirety and replace with the following:

All topsoil shall be Class “A” (“imported”), as specified herein.

800-1.2 Soil Fertilizing and Conditioning Materials.
800-1.2.5 Mulch.

Delete this subsection in its entirety and replace with the following:

All mulch shall be Type 1 (ground wood product) as specified herein.

800-1.5 Headers, Stakes, and Ties.
800-1.5.2 Headers and Stakes.

Replace the first paragraph in this subsection with the following:

Headers shall be two inch by four inch (2” x 4”) inch composite wood (similar to “Trex”) except that two one inch by four inch (1” x 6”) boards shall be supplied for laminations on turns and curves.

Header stock shall be supplied in lengths of at least ten feet (10’). Stakes for headers shall be pointed one and one-half inch by eighteen inch (1-½” x 18”) long of one-quarter inch (¼”) thick steel and be set at three feet (3’) on center with stakes located within one foot (1’) of both ends of each header.

Header joint splicing shall use four inch x six inch (4” x 6”) galvanized steel truss plates.

800-2 IRRIGATION SYSTEM MATERIALS.

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Modify this subsection to read as follows:

800-2 IRRIGATION SYSTEM MATERIALS. All irrigation materials shall conform to all applicable City of Vista Standard Specifications for irrigation (see list of Appendices in Table of Contents). If not otherwise specified in the City of Vista Standard Specifications for irrigation, irrigation materials shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.

800-3 ELECTRICAL MATERIALS.
800-3.1 General.

Add the following paragraph to this subsection:

All electrical materials used for irrigation shall conform to all applicable City of Vista Standard Specifications for electrical materials for irrigation. If not otherwise specified in the City of Vista Standard Specification for electrical irrigation systems, electrical materials used for irrigation shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.

SECTION 801 – INSTALLATION

801-1 GENERAL.

Modify this subsection to read as follows:

801-1 GENERAL.

The Contractor shall replace / restore all existing landscaping, sod, topsoil, and irrigation disturbed during the course of construction activities. All replacement of sod shall be of the same type as existed and as approved by the Engineer.

All replacement and new installation of landscape and irrigation shall be of the same type, size, caliper, and spacing as existing and as approved by the Engineer. All areas disturbed by construction, not covered by sidewalk or paved materials shall be landscaped and irrigated in accordance with these Technical Provisions.

All new landscaping shall be planted on salvaged topsoil or new Class A imported topsoil for a depth of twelve inches (12”) as approved by the Engineer.

During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials on public or private property. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other 08/11/2026 C11 290 of 436

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objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment shall be made to the Contractor.

The Contractor shall coordinate the removal and reconnection of the existing irrigation system with the property owner. As soon as the improvements in the area where portions of the existing irrigation system had been removed are completed, the Contractor shall reconnect and adjust the irrigation heads so that irrigation may commence. Reconnection may entail replacement and reconfiguration of sprinkler heads for appropriate irrigation coverage. The Contractor shall sufficiently irrigate areas of existing landscaping that are not being irrigated by the compromised irrigation system during the shutdown period.

Any irrigation facilities removed or adjusted for the construction of the sidewalk or other work shall be replaced, relocated, or re-configured with similar materials approved by the Engineer, so that the irrigation system is fully functional and appropriate for the landscaping being irrigated.

801-8 PAYMENT.

Revise this subsection to read as follows:

Payment for the complete installation of Landscaping & Irrigation shall be at the lump sum price of landscape and irrigation repair as specified in the BID SCHEDULE, and shall constitute full compensation for all materials, labor, equipment, excavation, plant materials, irrigation materials, fine grading, geotechnical (soil) analysis, topsoil import and placement in all planted areas, sod, and wild flower hydroseed, and all other work and incidentals necessary as specified and not included in a separate bid item and no additional compensation will be allowed therefore.

Payment for Plant Establishment Period and Maintenance of ninety (90) calendar days shall be included in the lump sum or landscape and irrigation repair and shall constitute full compensation for all materials, labor, equipment, and all other work and incidentals necessary as specified, and no additional compensation will be allowed.

Payment for all irrigation work as specified in these specifications shall be included in the bid item for Landscaping & Irrigation Repair at the lump sum price bid as shown in the BID SCHEDULE and no additional compensation will be allowed therefore.

***END OF SECTION***

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202
Appendix A:

Federal Requirements for Federal CDBG Projects
(Exhibit A of the Contract)

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1 APPENDIX A

FEDERAL REQUIREMENTS FOR FEDERAL CDBG CONSTRUCTION PROJECTS

EXHIBIT A TO THE CONTRACT
The City participates in the Community Development Block Grant ("CDBG") program and receives annual funding from the U.S. Department of Housing and Urban Development ("HUD"). This contract is for services that may be funded in whole or in part with CDBG funds. Contractor agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:

1.Access and Maintenance of Records
A.Access. At any time during normal business hours and as frequently as is deemed necessary, the Contractor shall make available to the Agency, the Department of Housing and Urban Development, and/or the Comptroller General of the United States, for their examination, all of its records pertaining to all matters covered by this Agreement and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this Agreement.

B.Maintenance. The Contractor must maintain all required records for five years after final payments are made and all other pending matters are closed.

2. Termination – Cause, Convenience, Breach. This Agreement may be terminated with or without cause by Agency. Termination without cause shall be effective only upon fifteen (15) days’ written notice to Contractor, after which Agency will pay Contractor for its reasonable costs and expenses incurred prior to receipt of the termination notice. This Agreement may be terminated by Agency for cause in the event of any of the following: (i) a material breach of this Agreement by Contractor; and/or (ii) misrepresentation by Contractor in connection with the formation of this Agreement; (iii) and/or in accordance with any termination clause with the project specifications as may be applicable. Termination for cause shall be effective immediately upon the delivery of written notice to Contractor.

3.Obtain Bonds. If applicable, Contractor shall obtain a Performance Bond for 100% of the Contract Amount and/or a Payment Bond for 100% of the Contract Amount, as required by City CDBG.

4.Community Development Block Grant Regulations. The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto.

5.Civil Rights Nondiscrimination in Federally Assisted Programs. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin.

6.Section 109 of the Housing and Community Development Act of 1974. Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act.

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2 7.Rehabilitation Act of 1973. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on handicap in Federally-assisted and conducted programs and activities.

8.Age Discrimination Act of 1975. The Age Discrimination Act of 1975 (42 U.S.C. 6101- 07) and Implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance.

9.Equal Employment Opportunity (Equal Opportunity Clause) Equal Employment Opportunity, as amended, and regulations of Executive Order 11246 (applicable to contracts and subcontracts over $10,000)
During the performance of this contract, the Contractor agrees as follows:

A.The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

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

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

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

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

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

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

H.The contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

10.0 Standard Federal Equal Employment Opportunity Construction Contract Specifications
A.As used in these specifications:

1."Covered area" means the geographical area described in the solicitation from which this contract resulted;

2."Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

3."Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

4."Minority" includes:
a.Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
b.Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America or other Spanish Culture or origin, regardless of race); c.Asian and Pacific Islander (all persons having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
d.American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

B.When the Contractor, or any subcontractor, at anytime, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract, in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

C.If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and Appendix A08/11/2026 C11 295 of 436

4 timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

D.The Contractor shall implement the specific affirmative action standards provided in paragraphs G(1) through G(16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a federal or federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

E.Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

F.In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

1.The Contractor shall take specific affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work.

The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken.

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5 2.Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

3.Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under G(2) above.

4.Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on a bulletin board accessible to all employees at each location where construction work is performed.

5.Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

6.Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

7.Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

8.Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.

9.Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.

10.Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

11.Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.

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6 12.Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

13.Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitation to minority and female contractor associations and other business associations.

14.Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

H.Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (G(1) through G(16)). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under G(1) through G(16) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.

The obligation shall not be a defense for the Contractor's non-compliance.

I.A single goal for minorities and a separate single goal for women has been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

J.The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any persons because of race, color, religion, sex, or national origin.

K.The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to E.O. 11246.

L.The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to E.O. 11246, as amended.

M.The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph G of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

N.The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records.

Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprenticeship trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and Appendix A08/11/2026 C11 298 of 436

7 retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.

O.Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application or requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

11.Certification Of Nonsegregated Facilities – (applicable to contracts and subcontracts over $10,000)
Contractor and/or subcontractor certifies that he/she does not maintain or provide for his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. Contractor and/or subcontractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract.

As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason.

He/she further agrees that (except where he/she has obtained for specific time periods) he/she will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that he/she will retain such certifications in his/her files; and that he/she will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).

12.Davis-Bacon Act, and Copeland Anti-Kickback Act.

1.Davis Bacon Act.
a.Contractor and all subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Contract are subject to the federal labor standards provisions, Davis Bacon and Related Acts as amended (40 USC 3141-5144 and 3146- 3148), which govern the payment of wages and the ratio of apprentices and trainees to journey- workers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Contractor and hired subcontractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor,
b. b. Federal Wage Determination Number CA____________ is attached hereto as Exhibit "_" and incorporated herein by this reference as though set forth in full.

Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the AGENCY of its obligation, if any, to require payment of the higher rates.

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8 2.Copeland Anti-Kickback Act.
a.The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
b.Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
c.Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

13.Clean Air Act and Federal Water Pollution Control Act (42 U.S.C 7401-7671q.) The Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following:

1.A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR Part 15, as amended.

2.Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857 c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

3.A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.

4.Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the government may direct as a means of enforcing such provisions.

14.Debarment and Suspension (Executive Orders 12549 and 12689) The Contractor represents and warrants that it and its subcontractors are not debarred, suspended, or placed in ineligibility status under the provisions of 24 CFR 24 (government debarment and suspension regulations). "Department and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

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9 15.Byrd Anti-Lobbying Amendment (31 U.S.C 1352)
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

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

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

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

16.Conflict of Interest
The Contractor covenants that no person, who presently exercises any functions or responsibilities in connection with the City of Vista CDBG Program, will obtain a personal or financial interest from the assisted activity. The Contractor further covenants that he/she presently has no interest in, nor shall he/she acquire any interest, direct or indirect, either for themselves or those with whom they have business, or family, which would conflict in any manner or degree with the performance of his/her services hereunder. The contractor further covenants that in the performance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, will be disclosed to the Agency.

17.Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) - 24 CFR, Part 135, also Known as Section 3 Clause. – All Section 3 covered contracts shall include the following clause and the prime contractor will also ensure that provisions of 24 CFR, Part 135, are included in all subcontracts
a.The work to be performed under this contract is subject to the requirements of Section 3 of this Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 U (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by Section 3, shall, Appendix A08/11/2026 C11 301 of 436

10 to the greatest extend feasible, and be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
c.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers; representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
d.The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e.The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
f.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

18.Nationality Act. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Subrecipient so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Subrecipient hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

19.Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD.

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11 20.Rights to Data and Copyrights. Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).

21.Drug-Free Workplace Requirements. The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals} of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.

22.Environmental Review Standards. The Contract is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 1969

23.Lead-Based Paint. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part.

24.Energy Efficiency. The Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).

25.Procurement of Recovered Materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

26.Housing and Community Development Act of 1974 Statutory Provision, Section 110.
a.All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with assistance received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a−5); Provided, That this section shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as mended (48 Stat. 948; 40 U.S.C. 276(c)). b.Subsection (a) shall not apply to any individual that—

1. Performs services for which the individual volunteered; 2A. Does not receive compensation for such services; or 2B. Is paid expenses, reasonable benefits, or a nominal fee for such services;

3. Is not otherwise employed at any time in the construction work.

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203
Appendix B:

Federal Labor Standards Provisions
and Federal Prevailing Wage Rates
(Exhibit B of the Construction Contract)

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Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards
Provisions are included in thi s Contract pursuant to the provisions applicable to such Federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics
emplo yed or working upon the site of the work, will be pai d uncondit ionally and not less often than once a week, and without subsequent deduction or rebate on any acc ount
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona f ide f ri nge benefits (or cash equivalents thereof) due at t ime of payment computed at rates not less than thos e contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contribut ions made or costs reasonably
anticipated for bona f ide f ringe benefits under Section l (b)( 2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subjec t to the provisions of 29 CFR 5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mec hanics shall be paid the appropriate wage rate and f ringe benefits on the wage determination fo r the classification of work actually performed, without regard t o skill, except as provided in 29 CFR 5. 5( a)( 4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the t ime actually worked therein: Provided, That the employer’ s payroll records accurately set forth t he t ime spent in each classification in which work is perform ed.

The wage determination (including any additional
classification and wage rates conformed under
29 CFR 5. 5 (a)(1 )(ii ) and the Davis-Bacon poster (WH- 132 1 ) shall be posted at all t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easily seen by the workers. (ii)(a) Any class of l aborers or mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional
classification and wage rate and f ringe benefits therefor only when the following criteria have been met:
(1)The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(2)The classification is utilized in the area by the
construction industry; and
(3)The proposed wage rate, including any bona f ide f ringe benefits, bears a reasonable relationship to the wa ge r ates contained in the wage determination.
(b)I f the contractor and the laborers and mec hanics to b e emplo yed in the classification (if known), or thei r
representatives, and HUD or i ts designee agree on the
c lassification and wage rate (including the am ount desi gnated for f ringe benefits where appropriate), a report of the acti on t aken shall be sent by HUD or i ts designee to the
Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W
ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts desi gnee or will notify HUD or i ts designee w ithin the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under
OMB control number 1215- 0140.)
(c)In the event the contractor, the laborers or mechanics to be employed in the classification or their r epresentatives, and HUD or i ts desi gnee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all inter ested p arties and the recommendation of HUD or i ts desi gnee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts desi gnee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215
-0140.)
(d)The wage rate (including f ringe benefits where
approp riate) determined pursuant to s ubparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract f rom the f i rst day on which work is performed in the classifica tion. (iii)W henever the minimum wage rate prescri bed in the contract for a class of l aborers or mechanics includes a f ringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wa ge determination or shall pay another bona f ide f ringe benefit or an hourly cash equivalent thereof.
(iv)I f the contractor does not make payments to a t rustee or other third person, the contractor may consider as par t Previous editions are obsolete Page 1 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
Appendix B
08/11/2026 C11 305 of 436

of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona f ide f ringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and B udget under OMB Control Number 1215- 0140.)

2. Withholding. HUD or i ts desi gnee shall upon i ts own action or upon written request of an authorized representativ e of the Department of Labor withhold or cause to be withheld f rom the contractor under this contract or any other Federa l contract with the same prime contractor, or any oth er Federally -assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and m echanics, including apprentices, t rainees and helpers, employed by the contractor or any subcontractor the ful l a mount of wages required by the contract In the event of failur e t o pay any laborer or mechanic, including any apprentice, t rainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or i ts designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or i ts designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act
contra cts.

3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of thr ee y ears thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages pa id (including rates of contributi ons or costs anticipated for bon a f ide f ringe benefits or cash equivalents thereof of the typ es described in Section l(b)(2 )(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. W henever the Secretary of Labor has found under 29 CFR 5. 5 ( a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section l (b)(2 )(B) of the Davis- Baco n Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is f inancially responsible, and that the plan or program has bee n
Previous editions are obsolete
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or t rainees u nder approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of t rainee programs, the registration of the apprentices and t raine es, and the ratios and wage rates prescri bed in the applicable programs. (Approved by the Office of Management and
Budget under OMB Control Numbers 1215 -0140 and 1215- 0017.)
(ii)( a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or i ts desi gnee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the cas e may be, for t ransmission to HUD or i ts designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintai ned under 29 CFR 5. 5( a)( 3)(i) except that full social security numbers and home addresses shall not be included on weekly t ransmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee (e. g., the last four digi ts of the employee’ s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form W H-347 is available for this purpos e f rom the W age and Hour Division W eb s ite at http:// w ww. dol. gov/ esa/whd/forms/ wh347instr. htm or i ts successor site. The prime contractor is responsible for th e s ubmission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full soci al s ecurity number and current address of each covered worker, and shall provide them upon request to HUD or i ts desig nee i f the agency is a party to the contract, but i f the age ncy is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts desi gnee, the contractor, or the W age and Hour Division of the D epartment of Labo r for purposes of an investigation or audit of compliance with preva iling wage requirements. I t is not a violation of this s ubparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for i ts own records, without weekly submission to HUD or i ts desi gnee. (Approved by the Office of Managem ent and B udget under OMB Control Number 1215 -0149.)
(b)Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or s upervises the payment of the persons employed under the contract and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be provided under 29 CFR 5. 5
(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5. 5( a)(3)(i), and that such information is corre ct a nd complete;
form HUD-4010 (06/2009)

Appendix B
08/11/2026 C11 306 of 436

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

3.(ii )(b).
(d)T he falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States C ode.
(iii)The contractor or subcontractor shall make the
records required unde r subparagraph A. 3.(i) available for inspection, copying, or t ranscription by authorized
representatives of HUD or i ts designee or the D epartment of Labor, and shall permit such representatives to intervi ew emplo yees during working hours on the job. I f the contra ctor or subcontractor fails to submit the required records or to mak e the m available, HUD or i ts desi gnee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds .

F urthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5. 12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at les s t han the predetermined rate for the work they performed when they are employed pursuant to and indivi dually
registered in a bona f ide apprenticeship program registered with the U. S. Departmen t of Labor, E mployment and Training Administration, Office of Apprenticeship Training, Employe r a nd Labor Services, or with a State Apprenticeship Agenc y recognized by the Office, or i f a person is employed in his or her f i rst 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of A pprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency ( where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journe ymen on the job site in any craft classification shall not be gre ater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker l isted on a payroll at an apprentice wage rate, who
Previous editions are obsolete
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed .

In addition, any apprentice performing work on the job site i n excess of the ratio permitted under the registered program shall be paid not less than the applicable w age rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a local ity other than that in which i ts program is registered, the rat ios and wage rates (expressed in percentages of the
journeyman’ s hourly rate) specified in the contractor’ s or subcontractor’ s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’ s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid f ringe benefits in accordance with the provisions of the apprentic eship program. I f the
apprenticeship program does not specify f ringe benefits, apprentices must be paid the full amount of f ringe benefits l isted on the wage determination for the applicable
classification. I f the Administrator determines that a diffe rent practice prevails for the applicable apprentice classification, f ringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship p r ogram, the contractor will no l onger be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Tra inees. Except as provi ded in 29 CFR 5. 16, t rainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of t rainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and T raining Administration. Every t rainee must be paid at not le ss t han the rate specified in the approved program for the t raine e’ s level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid f ringe benefits in accordance with the provisions of the t rainee program. I f the t rainee program does not mention f ringe benefits, t r ainees shall be paid the full amount of f ringe benefits l isted on the wage determination unless the Administrator of the W age and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyma n
wage rate on the wage determination which provides for less t han full f ringe benefits for apprentices. Any employee l isted on the payroll at a t rainee rate who is not registered a nd participating in a t raining plan approved by
form HUD-4010 (06/2009)

Appendix B
08/11/2026 C11 307 of 436

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

5. Compliance with Copeland Act requirements. The
co ntractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contra ct

6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or i ts desi gnee may by appropriate instructions r equire, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contracto r sh all be responsible for the compliance by any subcontra ctor or lower t ier subcontractor with all the contract clauses in this paragraph .

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

5. 12.

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

A ll rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herei n incorporated b y reference in this contract

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

S uch disputes shall be resolved in accordance with the procedures of the D epartment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes betw een the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U. S.

Department of Labor, or the employees or thei r
representative s.

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

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

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

11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to w h o m the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other m anner
d iscriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or instituted or caused to be instituted any proceeding or has testified or i s abo ut to testify in any proceeding under or relating to the lab or standards applicable under this Contract to his employer.

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

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

Previous editions are obsolete

form HUD-4010 (06/2009)
ref. Handbook 1344.1
Appendix B
08/11/2026 C11 308 of 436

(3) Withholding for unpaid wages and l iquidated
damages. HUD or i ts desi gnee shall upon i ts own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be wit hheld, f rom any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or an y o ther Federally- assisted contract subject to the Contract W ork Hours and Safety St andards Act which is held by the same prime contractor such sums as may be determined to be
necessary to satisfy any l iabilities of such contractor or subcontractor for unpaid w ages and l iquidated damages as provided in the clause set forth in subparagraph (2) of th is paragraph.
(4) Subcontracts. The contractor or subcontractor sha ll insert in any subcontracts the clauses set forth in
subparagraph ( 1) through (4 ) of this paragraph and also a clause requiring the subcontractors to include these clause s i n any lower t ier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through ( 4) o f this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1)No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or d angerous to his health and safety as determined under c onstruction safety and health standards promulgated by the Secretary of Labor by regulation.
(2)The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of s anctions pursuant to the Contract W ork Hours and Safety Standards Act, (Public Law 91- 54, 83 Sta t 96). 40 USC 3701 et seq. (3)The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall ta ke s uch action with respect to any subcontractor as the Secretar y of Housing and Urban Development or the Secretary of Labor shall direct as a means o f enforcing such provisions.

Previous editions are obsolete

form HUD-4010 (06/2009)
ref. Handbook 1344.1
Appendix B
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204
Appendix C:

Federal Requirements and Special Provisions

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APPENDIX C

FEDERAL REQUIREMENTS AND SPECIAL PROVISIONS

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

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

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

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

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

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

BIDDER'S CERTIFICATION
Name of Company: ____________________________________________________________ Address: ____________________________________________________________________ Project Title: _________________________________________________________________ This is to certify that I have read and understand the Section 3 resident employment and Section 3 resident business utilization requirements that apply to the above cited project, said requirements being known as the Section 3 Clause found in 24 CFR 135 and that neither the project nor the company are under any contractual restrictions or other disabilities which would prevent the company from complying with said requirements. ______________________________ ________________________ ____________ Signature Title Date
______________________________ ________________________ ____________ Signature Title Date
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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.
308/11/2026 C11 313 of 436

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

Amount of
Contract or
Subcontact
7b.

Type of Trade
Code
(See below)
7c.

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

Woman Owned Business
(Yes or No)
7e.

Prime Contractor Identification (ID)
Number
7f.

Sec. 3
7g.

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

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

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

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

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

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

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

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

6. Date Submitted to Field Office

2. Location (City, State Zip Code)
408/11/2026 C11 315 of 436

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

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

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

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

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

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

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

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

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

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

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

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

When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs.7c. Type of Trade: Same as item 7c. under CPD Programs. 7e. Woman Owned Business: Enter Yes or No.7e. Woman Owned Business: Enter Yes or No.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs. 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the Prime Contractor as the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs.7e. Woman Owned Business: Enter Yes or No. 7g. Section 3 Contractor: Enter Yes or No.7g. Section 3 Contractor: Enter Yes or No.7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided.
7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs.7g. Section 3 Contractor: Enter Yes or No. 7i. Section 3 Contractor: Enter Yes or No.7i. Section 3 Contractor: Enter Yes or No.7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs. 7j. Contractor/Subcontractor Name and Address: Enter this information for each firm receiving contract/subcontract activity only one time on each report for each firm.7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs.7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs. 508/11/2026 C11 316 of 436

U.S. Department of Labor PAYROLL
(For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) W age and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

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

DEDUCTIONS
O
O
O
O
O
O
O
O

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

O
F

WITHH
OLD
iNG

EXEM
P
TIO
NS
WORK

CLASSIFICATION
OT
.

O
R
ST.

HOURS WORKED EACH DAY
TOTAL
HOURS
RATE
OF PAY
GROSS
AMOUNT

EARNED FICA
WITH-

HOLDING

TAX OTHER
TOTAL

DEDUCTIONS
NET
WAGES
PAID

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

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

Washington, D.C. 20210
(over)608/11/2026 C11 317 of 436

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

EXCEPTION (CRAFT)EXPLANATION

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 A ND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
708/11/2026 C11 318 of 436

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

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

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

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

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

Address: Fill in your firm's address.

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

For Week Ending: List the workweek ending date.

Project and Location: Self-explanatory.

Project or Contract No.: Self-explanatory.

Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted.
808/11/2026 C11 319 of 436

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.
908/11/2026 C11 320 of 436

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.
1008/11/2026 C11 321 of 436

Record of
Employee Interview
U.S. Department of Housing and Urban Development
Office of Davis-Bacon and Labor Standards
OMB Approval No. 2501-0009
(exp. 03/31/2028)

Instructions

General:

This form is to be used by HUD and local agency staff for recording information gathered during on-site interviews with laborers and mechanics employed on projects subject to Federal prevailing wage requirements. Typically, the staff that will conduct on- site interviews and use this form are HUD staff and fee construction inspectors, HUD Labor Standards staff, and local agency labor standards contract monitors.

Information recorded on the form HUD-11 is evaluated for general compliance and compared to certified payroll reports submitted by the respective employer. The comparison tests the veracity of the payroll reports and may be critical to the successful conclusion of enforcement actions in the event of labor standards violations. The thoroughness and accuracy of the information gathered during interviews is crucial.

Note that the interview itself and the information collected on the form HUD-11 are considered confidential. Interviews should be conducted individually and privately. All laborers and mechanics employed on the job site must be made available for interview at the interviewer’s request. The employee’s participation, however, is voluntary. Interviews shall be conducted in a manner and place that are conducive to the purposes of the interview and that cause the least inconvenience to the employer(s) and the employee(s).

Completing the form HUD-11

Items 1a - 1c: Self-explanatory

Items 2a – 2d: Enter the employee’s full name, a telephone number where the employee can be reached, email address and the employee’s home address. Many construction workers use a temporary address in the locality of the project and have a more permanent address elsewhere from which mail may be forwarded to them. Obtain a more permanent address, if available. Ask the employee for a form of identification (e.g., driver’s license) to verify their name.

Items 3a – 4c: Enter the employee’s responses. Ask the employee about the frequency of pay (weekly, biweekly, semi- monthly or other).

Items 5 – 7: Be certain that the employee’s responses are specific. For example, job classification (#5) must identify the trade involved (e.g., Carpenter, Electrician, Plumber) – responses such as “journeyman” or “mechanic” are not helpful for our purposes.

Items 8 – 12b: Self-explanatory

Items 13 – 15c: These items represent some of the most important information that can be gathered while conducting on-site interviews. Please be specific about the duties you observed the employee performing. It may be easiest to make these observations before initiating the interview. Please record any comments or remarks that may be helpful. For example, if the employee interviewed was working with a crew, how many workers were in the crew? Was the employee evasive?

The level of specificity that is warranted is directly related to the extent to which interview(s) or other observations indicate that there may be violations present. If interviews indicate that there may be underpayments involving a particular trade(s), the interviewer is encouraged to interview as many workers in that trade(s) that are available.

Items 16 – 17b: The information on the form HUD-11 may be reviewed for general compliance, initially. For example, are the job classification and wage rate stated by the employee compatible with the classifications and wage rates on the applicable wage decision? Are the duties observed by the interviewer consistent with the job classification?

Item 18: Please place here any additional information you may want to document or continuing information from other lines that do not fit in their block space.

Once the corresponding certified payroll reports are received, the information on the HUD-11 shall be compared to the payroll reports. Any discrepancies noted between the HUD-11 information and that on the payroll report shall be noted in Item 16, Remarks. If discrepancies are noted, follow-up actions to resolve the discrepancies must be taken.

Previous editions are obsolete Form HUD-11 (03/2025)

08/11/2026 C11 322 of 436

Record of
Employee Interview
U.S. Department of Housing and Urban Development
Office of Davis-Bacon and Labor Standards
OMB Approval No. 2501-0009
(exp. 03/31/2028)
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Federal labor standards by recording interviews with construction workers. The information collected will assist HUD in the conduct of compliance monitoring; the information will be used to test the veracity of certified payroll reports submitted by the employer. Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected against any anticipated threats or hazards to their security or integrity that could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information is maintained. The information collected herein is voluntary, and any information provided shall be kept confidential.

Note: Please ensure responses are legible and easy to read. 1a. Project Name

2a. Employee’s Full Name

1b. Project Number

2b. Employee’s Phone Number (including area code) and Email Address

1c. Contractor or Subcontractor (Employer—not individual’s name or supervisor’s name)

2c. Employee’s Home Address & Zip Code

2d. Verification of identification?
Yes No
3a. How long on this
job and average
weekly hours
worked?

3b. Last date on this
job before today?

3c. Number of hours
last day on this job?

4a. Hourly Rate of Pay

4b. Fringe benefits? 4c. Frequency of
Pay:

Medical Yes No Weekly
Biweekly
Semi-monthly
Other
Pension Yes No

5. Your Job Classification(s) (list all and continue on a separate sheet if necessary):

6. Your Duties:

7. Tools or Equipment Used:

Y N Y N

8. Are you an apprentice or trainee?

8a. Have you provided a copy of your
apprenticeship certificate?

10. Are you paid at least time and ½ (1.5x regular hourly rate) for all hours worked in excess of 40 in a week?

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

12a. Employee Signature

12b. Date

13. Duties Observed by the Interviewer (Please be specific):

14. Remarks

15a. Interviewer Name (please print)

15b. Signature of Interviewer

15c. Date of Interview

Payroll Examination

16. Remarks

17a. Signature of Payroll Examiner

17b. Date

Previous editions are obsolete Form HUD-11 (03/2025)
08/11/2026 C11 323 of 436

Record of
Employee Interview
U.S. Department of Housing and Urban Development
Office of Davis-Bacon and Labor Standards
OMB Approval No. 2501-0009
(exp. 03/31/2028)

18. Additional Remarks

Previous editions are obsolete

Form HUD-11 (03/2025)

08/11/2026 C11 324 of 436

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

ESTIMATED

POSITIONS

NEED FOR

PROJECT
TOTAL

POSITIONS

OCCUPIED BY

PERMANENT

EMPLOYEES

NUMBER OF

POSITIONS NOT

OCCUPIED

NUMBER OF

POSITIONS TO BE

FILLED WITH
SECTION 3
RESIDENTS*
Administrative Staff:

Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low -income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
1308/11/2026 C11 325 of 436

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.
1408/11/2026 C11 326 of 436

PREVAILING
WAGES
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.

OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.

ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.

APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.

PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor’s Wage and Hour Division.

EMPLOYEE RIGHTS

UNDER THE DAVIS-BACON ACT

FOR LABORERS AND MECHANICS

EMPLOYED ON FEDERAL OR

FEDERALLY ASSISTED

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

WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR
1508/11/2026 C11 327 of 436

SALARIOS

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

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

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

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

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

DERECHOS DEL EMPLEADO

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

PARA OBREROS Y MECÁNICOS

EMPLEADOS EN PROYECTOS DE
CONSTRUCCIÓN FEDERAL O CON

ASISTENCIA FEDERAL
WH1321 SPA REV 10/17
DIVISIÓN DE HORAS Y SALARIOS
DEPARTAMENTO DE TRABAJO DE LOS EE.UU.
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
o póngase en contacto con la División de Horas y Salarios del Departamento de Trabajo de los EE.UU. 1608/11/2026 C11 328 of 436

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. 1708/11/2026 C11 329 of 436

SECTION 3 COMPLIANCE GUIDE

ECONOMIC OPPORTUNITIES FOR LOW AND VERY LOW INCOME PERSONS What is Section 3?
The U.S. Government Code of Federal Regulations, Title 24, Housing and Urban Development (HUD), Part 135 – Economic Opportunities for Low- and Very Low-Income Persons, commonly referred to as the “Section 3”, is a provision that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency.

The Section 3 program requires that economic opportunities generated by HUD financial assistance for housing and community development programs must, to the greatest extent feasible, be directed to low- and very low-income persons and to businesses owned by or employing low- and very low-income persons.

What programs are covered?
Section 3 requirements apply to community development and housing assistance projects funded by Community Development Block Grant (CDBG) funds and Home Investment Partnership Program (HOME) funds. The Section 3 requirements apply to job training, employment, contracting and subcontracting and other economic opportunities arising from projects involving construction, reconstructions, conversion, or rehabilitation (including lead-based paint hazard reduction and abatement) of housing, other buildings, or improvements assisted with Federal funds administered by HUD.

Who are Section 3 residents?
Section 3 residents are:
•Public housing residents or
•Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below HUD’s income limits.

Determining Income Levels
•Low income is defined as 80% or below the median income of that area. •Very low income is defined as 50% or below the median income of that area.

San Diego County Income Limits
Effective April 1, 2018
FAMILY
SIZE
80% of AMI* 50% of AMI* 30% of AMI*
Low Income Very Low Income Extremely Low Income
1 54,500 34,100 20,450
2 62,300 38,950 23,400
3 70,100 43,800 26,300
4 77,850 48,650 29,200
5 84,100 52,550 31,550
6 90,350 56,450 33,900
7 96,550 60,350 38,060
8 102,800 64,250 42,380
1808/11/2026 C11 330 of 436

What is a Section 3 business?
It is a business that is owned by Section 3 residents or Employs Section 3 residents in full-time positions or subcontracts with businesses, which provide economic opportunities to low income persons. A business seeking to qualify for a Section 3 contracting preference shall certify or submit evidence, if requested, that the business concern is a Section 3 qualified business under 24 CFR Part 135.

What types of economic opportunities are available under Section 3? Job training
Employment
Contracts
Examples include:

Administrative/Management
accounting
payroll
research
bookkeeping
purchasing
word processing
Services
appliance repair
florists
marketing
carpet installation
janitorial
photography
catering
landscaping
printing
computer/information
manufacturing
transportation
Construction
architecture
bricklaying
carpentry
cement/masonry
demolition drywall
electrical elevator
construction
engineering fencing
heating
iron works
machine
operation
painting
plastering
plumbing
surveying
tile setting
Section 3 Numerical Goals for satisfying the greatest extent feasible requirement are:
•The Target for New Hires & Training Opportunities is 30% of the aggregate # of new hires. •Targets for Contracts with Section 3 Business Concerns is, Construction 10% of the total dollar amount. All Other contracts, 3% of the total dollar amount of all other Section 3 covered contracts.

Who will award the economic opportunities?
The City of Vista and its contractors and subcontractors are required to provide economic opportunities to the greatest extent feasible, consistent with existing Federal, State, and local laws and regulations whenever HUD financial assistance is used to fund a project. 1908/11/2026 C11 331 of 436

Who receives priority under Section 3?
For training and employment:
Persons in public and assisted housing
Persons in the neighborhood
Participants in HUD Youth Build programs
Homeless persons
For contracting:
Businesses, which fit the definition of a Section 3 business.

What is the Section 3 Business Registry?
The Section 3 Business Registry is a listing of businesses that have self-certified that they meet one of the eligibility criteria of a Section 3 business, and have submitted publicly available information about their firm (i.e. business name, address, type of services provided, etc.) to be included HUD’s online database.

To search for Section 3 businesses in your community, register your business, or learn more about HUD’s Section 3 Business Registry, please visit www.hud.gov/Sec3biz .

Will HUD require compliance?
Yes. HUD receives annual reports from the City, monitors the performance of contractors and investigates complaints. HUD examines employment and contract records for evidence of actions taken to train and employ Section 3 residents and to award contracts to Section 3 businesses.

What if it appears an entity is not complying with Section 3? Section 3 residents or businesses that believe that they have been denied employment, training, or contracting opportunities associated with HUD funded projects are encouraged to file a complaint with HUD at the appropriate Regional Office of Fair Housing and Equal Opportunity (FHEO). A copy of the Section 3 Complaint Form (HUD-958) and a list of FHEO Regional Offices can be found online at www.hud.gov/Section3
File a complaint in writing to:

U.S. Department of Housing and
Urban Development 300 N. Los
Angeles Street, Suite 4054
Los Angeles, CA 90012
or to:

Assistant Secretary for Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development
451 Seventh Street, S.W.,
Room 5100
Washington, D.C. 20410-2000
2008/11/2026 C11 332 of 436

A written complaint should contain:
Name and address of the person filing the complaint
Name and address of subject of complaint (HUD recipient or contractor) Description of acts or omissions in alleged violation of Section 3 Statement of corrective action sought
2108/11/2026 C11 333 of 436

January 2012
Previous versions obsolete
U.S. Department of Housing
and Urban Development
Labor Relations Desk Guide
LR01.DG

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

INTRODUCTION
This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis- Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are appli- cable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency.

Our objective here is to provide you with a guide which is simple and non-bureaucratic yet comprehensive and which will help you better understand and comply with Davis-Bacon labor standards. HUD’s Office of Labor Relations worked closely with the Department of Labor’s Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding.

There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what’s in your contract that requires Davis-Bacon compliance and your respon- sibilities. The second chapter deals with labor standards and payroll reporting requirements.

The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due.

Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the pur- pose of this Guide, we are assuming that a determination has already been made that Davis- Bacon wage rates are applicable. Should you wish assistance in determining whether Davis- Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you don’t know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUD’s Home Page at the address below.

Visit the Office of Labor Relations on-line:
http://www.hud.gov/offices/olr
Obtain additional copies of this Guide and other publications at our website or by telephone from HUD’s Customer Service Center at (800)767-7468.
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TABLE OF CONTENTS
INTRODUCTION ................................................................................................................i CHAPTER 1 LAWS, REGULATIONS, CONTRACTS
AND RESPONSIBILITIES .................................................................1-1 1-1 DAVIS-BACON AND OTHER LABOR LAWS. .......................................................1-1 a.The Davis-Bacon Act (DBA) ...............................................................................1-1 b.The Contract Work Hours and Safety Standards Act (CWHSSA) ......................1-1 c.The Copeland Act (Anti-Kickback Act)................................................................1-2 d.The Fair Labor Standards Act (FLSA) ................................................................1-2 1-2 DAVIS-BACON REGULATIONS .............................................................................1-2 1-3 CONSTRUCTION CONTRACT PROVISIONS .......................................................1-2 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR ......................................1-3 1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR .................................1-4 CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS
AND PAYROLL REPORTING REQUIREMENTS .............................2-1

SECTION - I THE BASICS
2-1 THE WAGE DECISION ...........................................................................................2-1 a.The work classifications and wage rates ............................................................2-1 b.Posting the wage decision..................................................................................2-2 2-2 ADDITIONAL “TRADE” CLASSIFICATIONS AND WAGE RATES .......................2-2 a.Additional classification rules .............................................................................2-2 b. Making the request .............................................................................................2-3 c. HUD review ........................................................................................................2-3 d. DOL decision ......................................................................................................2-3 2-3 CERTIFIED PAYROLL REPORTS ..........................................................................2-4 a.Payroll formats ...................................................................................................2-4 b.Payroll certifications ...........................................................................................2-4 c.“No work” payrolls ..............................................................................................2-4 d.Payroll review and submission ...........................................................................2-5 e.Payroll retention .................................................................................................2-5 f.Payroll inspection ...............................................................................................2-5 2-4 DAVIS-BACON DEFINITIONS ................................................................................2-5 a.Laborer or mechanic ..........................................................................................2-5 b. Employee ...........................................................................................................2-6 c.Apprentices and trainees....................................................................................2-6 d.Prevailing wages or wage rates .........................................................................2-7 e. Fringe benefits....................................................................................................2-7 f. Overtime .............................................................................................................2-7 g. Deductions .........................................................................................................2-8 h. Proper designation of trade ................................................................................2-8 i. Site of work.........................................................................................................2-8 2408/11/2026 C11 336 of 436

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SECTION - II REPORTING REQUIREMENT
2-5 COMPLETING A PAYROLL REPORT ....................................................................2-9 a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.........................................................................................2-9 c. Work classification ..............................................................................................2-9 d. Hours worked .....................................................................................................2-10 e. Rate of pay .........................................................................................................2-10 f. Gross wages earned ..........................................................................................2-10 g. Deductions .........................................................................................................2-11 h. Net pay ...............................................................................................................2-11 i. Statement of compliance ....................................................................................2-11 j. Signature ............................................................................................................2-11

SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS .......................................................................................2-12 a. On-site interviews ...............................................................................................2-12 b. Project payroll reviews .......................................................................................2-12 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS .......................2-12 a. Inadequate payroll information ...........................................................................2-12 b. Missing identification numbers ...........................................................................2-12 c. Incomplete payrolls ............................................................................................2-13 d. Classifications ....................................................................................................2-13 e. Wage Rates ........................................................................................................2-13 f. Apprentices and trainees....................................................................................2-13 g. Overtime .............................................................................................................2-13 h. Computations .....................................................................................................2-13 i. Deductions .........................................................................................................2-13 j. Fringe benefits....................................................................................................2-14 k. Signature ............................................................................................................2-14 l. On-site interview comparisons ...........................................................................2-14 m. Correction certified payroll..................................................................................2-14 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES .............................................2-14 a. Notification..........................................................................................................2-14 b. Computing wage restitution ................................................................................2-15 c. Correction certified payrolls ................................................................................2-15 d. Review of correction CPR ..................................................................................2-15 e. Unfound workers ................................................................................................2-15 2508/11/2026 C11 337 of 436

v
CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE

REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW
ACCOUNTS, AND SANCTIONS .......................................................3-1 3-1 INTRODUCTION .....................................................................................................3-1 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES .....................3-1 a.Additional classifications and wage rates ...........................................................3-1 b. Findings of underpayment ..................................................................................3-2 3-3 WITHHOLDING .......................................................................................................3-2 3-4 DEPOSITS AND ESCROWS ..................................................................................3-3 3-5 ADMINISTRATIVE SANCTIONS ............................................................................3-4 a.DOL debarment ..................................................................................................3-4 b.HUD sanctions ...................................................................................................3-4 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS ........................................3-5

APPENDICIES
ACRONYMS AND SYMBOLS ...........................................................................................A-1 DAVIS-BACON - RELATED WEB SITES* ........................................................................A-2 HUD-4720, Project Wage Rate Sheet ..............................................................................A-3 WH-347, Payroll Form/Statement of Compliance ..........................................................A-4 2608/11/2026 C11 338 of 436

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CHAPTER 1 LAWS, REGULATIONS, CONTRACTS

AND RESPONSIBILITIES
The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects:
1-1 DAVIS-BACON AND OTHER LABOR LAWS.
a.The Davis-Bacon Act (DBA). The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works.
b.The Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Federal criminal prosecution.

CWHSSA does not apply to prime contracts of $100,000 or less. In addition, some HUD projects are not covered by CWHSSA because some HUD programs only provide loan guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage rates, or HUD-determined rates for operation of public housing and Indian block grant- assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/ offices/olr/library.cfm)
Most HUD construction work is not covered by the DBA itself since HUD seldom contracts directly for construction services. Most often, if Davis-Bacon wage rates apply to a HUD project it is because of a labor provision contained in one of HUD’s “Related Acts” such as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self-Determination Act of 1996. The Related Acts are often referred to as the Davis-Bacon and Related Acts or DBRA. 2708/11/2026 C11 339 of 436

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c.The Copeland Act (Anti-Kickback Act). The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally- assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. d.The Fair Labor Standards Act (FLSA). The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA.

HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. 1-2 DAVIS-BACON REGULATIONS.

The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 1, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports.

Part 5 covers the labor standards provisions that are in your contract relating to Davis- Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws. 1-3 CONSTRUCTION CONTRACT PROVISIONS
Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally bound into the contract specifications.
a.The labor standards clauses. The labor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects DOL Regulations are available on-line on the World Wide Web:
http://www.dol.gov/dol/allcfr/Title_29.htm
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administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction or the HUD-5370-EZ (construction contracts ≤$100,000) which are used for Public and Indian Housing projects.
b.Davis-Bacon Wage Decisions. The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid.

Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construction begins, the wage decision is “locked-in” and no future modifications are applicable to the contract or project involved.
1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR
The principal contractor (also referred to as the prime or general contractor) is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.) To make this Guide easier to understand, the term “prime contractor” will mean the principal contractor; “subcontractor” will mean all subcontractors including lower-tier subcontractors; and the term “employer” will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors.

HUD program labor standards forms are available on-line at:
www.hud.gov/offices/adm/hudclips/index.cfm
All current Davis-Bacon wage decisions can be accessed on-line at no cost at:
http://www.wdol.gov
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1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR.

The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see 2-1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction. The contract administrator also monitors labor standards compliance (see 2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required.

The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA- insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD-assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), Indian tribes and tribally-designated housing entities (TDHEs), and States, cities and counties under HUD’s Community Development Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same.

The DOL also has a role in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information.

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CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS

AND PAYROLL REPORTING REQUIREMENTS
WHERE TO START? Now that you know you’re on a Davis-Bacon project and you know some of the legal and practical implications, what’s next?

SECTION I - THE BASICS
2-1 THE WAGE DECISION.

Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed.

If you don’t have it already (and by now you should), you’ll want to get a copy of the applicable Davis-Bacon wage decision.
a. The work classifications and wage rates. A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You’ll want to make sure that the work classification(s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff) if you have any trouble reading the wage decision or finding the work classification(s) you need.

To make reading lengthy wage decisions easier for you, the contract administrator may prepare a Project Wage Rate Sheet (HUD-4720). This Sheet is a one-page transcript that will show only the classifications and wage rates for a particular project. A blank copy of a Project Wage Rate Sheet is provided for you in the appendix. Also, a fillable version of this form is available on-line at HUDClips (see web address in the Appendix). Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet.

Remember, the wage decision is contained in the contract specifications along with the labor standards clauses. See 1-3, Construction Contract Provisions. 3108/11/2026 C11 343 of 436

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b. Posting the wage decision. If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of the DOL Davis-Bacon poster titled Employee Rights under the Davis-Bacon Act (Form WH- 1321) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won’t be destroyed by wind or rain, etc. The Employee Rights under the Davis-Bacon Act poster is available in English and Spanish on-line at HUDClips (see address in the Appendix). 2-2 ADDITIONAL “TRADE” CLASSIFICATIONS AND WAGE RATES.

What if the work classification you need isn’t on the wage decision? If the work classification(s) that you need doesn’t appear on the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you’ll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; you’ll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here:
a. Additional classification rules. Additional classifications and wage rates can be approved if:

1. The requested classification is used by construction contractors in the area of the project. (The area is usually defined as the county where the project is located).

2. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. (In other words, if there already is an Electrician classification and wage rate on the wage decision you can’t request another Electrician classification and rate.)

3. The proposed wage rate for the requested classification “fits” with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And,

4. The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers’ representatives, must agree with the proposed wage rate.

The Employee Rights under the Davis-Bacon Act poster (WH-1321) replaces the Notice to all Employees. The new poster is available in English and Spanish on-line at HUDClips (see address in the Appendix).
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b. Making the request. A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform.
c. HUD review. The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval/referral letter to the DOL.

If the HUD Labor Relations staff doesn’t think the request meets the rules and if agreement can’t be reached on the proper classification or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn’t be approved. The DOL still has final decision authority. You will receive a copy of the disapproval/referral letter to the DOL.
d. DOL decision. The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision.

If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommendation approved.

It’s always a good idea to talk to the contract administrator before submitting an additional classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually, the contract administrator can give you an idea about what the DOL will finally decide.
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2-3 CERTIFIED PAYROLL REPORTS.

You’ll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It’s always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project “Final.” a. Payroll formats. The easiest form to use is DOL’s WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDClips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce. b. Payroll certifications. The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH- 347, or any other format which contains the same certification language on the WH-347 (reverse).
c. “No work” payrolls. “No work” payrolls may be submitted whenever there is a temporary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See tip box, for “no work” payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you number payrolls consecutively or if you send a note, you do not need to send “no work” payrolls.

You are not required to use Payroll form WH-347. You are welcome to use any other type of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347.

DOL’s website has Payroll Instructions and the Payroll form WH-347 in a “fillable” PDF format at this address:
www.dol.gov/whd/forms/wh347.pdf
If you number your payroll reports consecutively, you do not need to submit “no work” payrolls!
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d. Payroll review and submission. The prime contractor should review each subcontractor’s payroll reports for compliance prior to submitting the reports to the contract administrator.

Remember, the prime contractor is responsible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor. e. Payroll retention. Every contractor (including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full SSNs, time cards, tax records, evidence of fringe benefit payments, for a Davis-Bacon project for at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project.
f. Payroll inspection. In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL.
2-4 DAVIS-BACON DEFINITIONS.

Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you:
a. Laborer or mechanic. “Laborers” and “mechanics” mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen and guards. “Laborers” and “mechanics” are the two groups of workers that must be paid not less than Davis-Bacon wage rates.

1. Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered “laborers” and “mechanics” for labor standards purposes for the time spent performing construction work.

2. Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. (Contact the contract administrator if you have any questions about whether a particular employee is excluded.) An alert prime contractor that reviews subcontractor payroll submissions can detect any misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur.
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b. Employee. Every person who performs the work of a laborer or mechanic is “employed” regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics.
c. Apprentices and trainees. The only workers who can be paid less than the wage rate on the wage decision for their work classification are “apprentices” and “trainees” registered in approved apprenticeship or training programs. Approved programs are those which have been registered with the DOL or a DOL-recognized State Apprenticeship Council (SAC).

Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program.

1. Probationary apprentice. A “probationary apprentice” can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice.

2. Pre-apprentice. A “pre-apprentice”, that is, someone who is not registered in a program and who hasn’t been DOL- or SAC-certified for probationary apprenticeship is not considered to be an “apprentice” and must be paid the full journeyman’s rate on the wage decision for the classification of work they perform.

3. Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program.

Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied to the amount of time spent in the program. For example, 0-6 months: 65%; 6 months - 1 year: 70%; etc. The percentage is applied to the journeyman’s wage rate. On Davis- Bacon projects, the percentage must be applied to the journeyman’s wage rate on the applicable wage decision for that craft.

For more information about working subcontractors, ask the contract administrator or your HUD Labor Relations Field Staff for a copy of Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed laborers and mechanics.

Labor Relations Letters and other helpful Labor Relations publications are available at HUD’s Labor Relations web site (see the list of web site addresses in the Appendix). 3608/11/2026 C11 348 of 436

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d.Prevailing wages or wage rates. Prevailing wage rates are the wage rates listed on the wage decision for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees.

1.Piece-work. Some employees are hired on a piece-work basis, that is, the employee’s earnings are determined by a factor of work produced. For example, a Drywall Hanger’s earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter’s earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked.

Accurate time records must be maintained for any piece-work employees.

If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved. e.Fringe benefits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employer’s contribution to Social Security or some disability insurance payments.
f.Overtime. Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one- half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits.

Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or basic wage plus fringe benefits) on the wage decision for their craft. If the value of the fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $10/hour basic rate plus $5/ hour fringe benefits, you must pay no less than that total ($15/hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay $15 in base wage with no fringe benefits, or you could pay $12 basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off-set with fringe benefits is limited by certain IRS and FLSA requirements. 3708/11/2026 C11 349 of 436

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g.Deductions. You may make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to “kick-back” (i.e., give up) any of their earnings. Allowable deductions which do not require prior DOL permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee. h.Proper designation of trade. You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they aren’t considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs.

1.Split-classification. If you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each classification in which work was performed only if you maintain accurate time records showing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i.Site of work. The “site of work” is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. “Site of work” can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project.

Referring, again, to our example above where the wage decision requiring a $15 total wage obligation ($10 basic wage plus $5 fringe benefits) was met by paying $9 base wage plus $6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic + $6 fringe) plus $5 (one-half of $10, the wage decision basic rate) for a total of $20 per hour.
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SECTION II - REPORTING REQUIREMENTS
2-5 COMPLETING A PAYROLL REPORT.

What information has to be reported on the payroll form? The weekly payroll form doesn’t ask for any information that you don’t already need to keep for wage payment and tax purposes. For example, you need to know each employee’s name; his or her work classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and employment purposes.

You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrator’s review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly. a.Project and contractor/subcontractor information. Each payroll must identify the contractor or subcontractor’s name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended.
b.Employee information. Effective January 18, 2009, payrolls shall not report employee addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which each employee appears shall include the employee’s name and an individually identifying number, usually the last 4 digits of the employee’s SSN. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees, e.g., if two employees have the same name.

Employers (prime contractors and subcontractors) must maintain the current address and full SSN for each employee and must provide this information upon request to the contracting agency or other authorized representative responsible for federal labor standards compliance monitoring. Prime contractors may require a subcontractor(s) to provide this information for the prime contractor’s records. DOL has modified form WH- 347, Payroll, to accommodate these reporting requirements. c.Work classification. Each employee must be classified in accordance with the wage decision based on the type of work they actually perform.

For many contractors, the Weekly Certified Payroll is the only Davis-Bacon paperwork you need to submit!
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1. Apprentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice’s or trainee’s registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears.

2. Split classifications. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications.
d. Hours worked. The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work at job sites other than the project for which the payroll is prepared, those “other job” hours should not be reported on the payroll. In these cases, you should list the employee’s name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee’s total earnings (for all projects) for the week. e. Rate of pay. Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked.

1. Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employee’s piece-work earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration for any overtime hours.

The effective hourly rate must be reflected on the certified payroll and this hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is no less than the rate on the wage decision for the classification of work performed. f. Gross wages earned. Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the “all projects” earnings.

Remember, the overtime rate is computed at one and one-half times the basic rate of pay plus any fringe benefits. For example, if the wage decision requires $10/hour basic plus $5/hour fringe benefits, the overtime rate would be: ($10 x 1 ½) + $5 = $20/hour. 4008/11/2026 C11 352 of 436

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g. Deductions. Show the amounts of any deductions from the gross earnings. “Other” deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. h. Net pay. Show the net amount of wages paid.
i. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c).
j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. Signatures in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable.

Only one employee authorization is needed for recurring (e.g., weekly) other deductions.

Written employee authorization is not required for income tax and Social Security deductions.

Only one Statement of Compliance is required for each employer’s weekly payroll no matter how many pages are needed to report the employee data. 4108/11/2026 C11 353 of 436

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SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS.

The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews (see 1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors.

You will be given instructions about what steps must be taken to correct any problems. a. On-site interviews. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOL representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the on-going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator.
b. Project payroll reviews. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc.
2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS.

The following paragraphs describe common payroll errors and the corrective steps you must take.
a. Inadequate payroll information. If an alternate payroll format used by an employer (such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an acceptable form.
b. Missing identification numbers. If the first payroll on which an employee appears does not contain the employee’s individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still working on the project. Otherwise, the employer will be asked to submit a correction certified payroll. 4208/11/2026 C11 354 of 436

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c. Incomplete payrolls. If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a correction certified payroll.
d. Classifications. If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (see 2-2). If reclassification results in underpayment (i.e., the wage rate reported on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees. (see 2-8 for instructions about wage restitution.)
e. Wage rates. If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees.
f. Apprentices and trainees. If a copy of the employee’s registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice’s or trainee’s registration and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman’s wage rate for the classification of work they performed.
g. Overtime. If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur:

1. If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all overtime hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $10 per day per violation. Or,

2. If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the matter to the DOL for further review.
h. Computations. If the payroll computations (hours worked times rate of pay) or extensions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. i. Deductions. If there are any “Other” deductions that are not identified, or if employee authorization isn’t provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary. 4308/11/2026 C11 355 of 436

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j.Fringe benefits. If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k.Signature. If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been authorized by principle to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principle or other authorized signatory.
l.On-site interview comparisons. If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction certified payroll report.
m.Correction certified payroll. Any and all changes to data on a submitted payroll report must be reported on a certified correction payroll. In no case will a payroll report be returned to the prime contractor or employer for revision. 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.

Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a certified payroll report.
a.Notification to the Employer/Prime contractor. The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be paid. The employer/ prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor.

HUD does not enforce or attempt to provide advice on employer obligations to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action.
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b. Computing wage restitution. Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. You may also compute wage restitution by calculating the total amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction certified payrolls. The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for wage restitution); the adjustment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount actually paid. A properly signed Statement of Compliance must accompany the correction payroll.
d. Review of correction CPR. The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days. e. Unfound workers. Sometimes, wage restitution cannot be paid to an affected employee because, for example, the employee has moved and can’t be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment. In addition, except in the most extraordinary cases, HUD no longer requires employers to submit copies of restitution checks (certified, cashiers, canceled or other), or employee-signed receipts or waivers.

The contract administrator may communicate directly with a subcontractor when the underpayments are plainly evident and the subcontractor is cooperative. It is best to work through the prime contractor when the issues are complex, when there are significant underpayments and/or the subcontractor is not cooperative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation.
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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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CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE

REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW

ACCOUNTS, AND SANCTIONS
WHAT HAPPENS WHEN THINGS GO WRONG?

3-1 INTRODUCTION.

Even in the best of circumstances, things can go wrong. In a Davis-Bacon context, “things going wrong” usually means there’s a difference of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to lessen any delays in resolving the problem or issue.
3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.

As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include:
a. Additional classifications and wage rates. Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established.

1. Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representatives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing and must thoroughly address the denial reasons identified by the DOL. Employer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See 2-2(d), and also DOL Regulations 29 CFR

1.8.) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations.

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2. Administrative Review Board. Any interested party may request a review of the Administrator’s decision on reconsideration by the DOL’s Administrative Review Board. DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.)
b. Findings of underpayment. Compliance reviews and other follow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies.

If informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquarters Office of Labor Relations.

1. DOL review. The DOL will review the contract administrator’s report and the arguments against the findings presented in the hearing request. The DOL may affirm or modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review. If DOL concludes that violations have occurred, you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b) and 29 CFR Part 6, Rules of Practice for Administrative Proceedings.)

2. Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding.
3-3 WITHHOLDING.

The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 30 days after written notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractor’s (and/or subcontractors’) liability shall be withheld.
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3-4 DEPOSITS AND ESCROWS.

In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and final payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision.

Deposit/escrow accounts are established for one or more of the following reasons:
a.Where the parties have agreed to amounts of wage restitution that are due but the employer hasn’t furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total gross amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor. Amounts for any workers who cannot be located are held in the deposit/escrow account for three years and disposed as described in 2-8(f) of this Guide. b.Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor.

If the parties agree to the investigative findings, the amounts due to the workers will be paid by the employer. As these workers are paid and proper documentation is provided to the contract administrator, the gross amounts corresponding to the documented payments are returned to the depositor.

1.If the employer is unable to make the payments to the workers, e.g., lacks the funds necessary, the contract administrator may make disbursements directly to the workers in the net amounts calculated by the employer. The amounts withheld from the workers for tax deduction will be returned to the employer as payments to workers are made. The employer shall be responsible for reporting and transmitting withholdings to the appropriate agencies.

Remember, the prime contractor is responsible and will be held liable for any wage restitution that is due to any worker employed in the construction of the project, including workers employed by subcontractors and any lower-tier subcontractors. See 1-4, Responsibility of the Principal Contractor, and 2-8, Restitution for Underpayment of Wages. 4908/11/2026 C11 361 of 436

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

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

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

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

24.700-24.714.

Remember, if you have any questions or need assistance concerning labor standards requirements help is always available. Contact the contract administrator for the project you’re working on or the HUD Field Labor Relations staff in your area. 5008/11/2026 C11 362 of 436

3-5

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

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

Remember, if you have any questions or need assistance concerning labor standards requirements help is always available. Contact the contract administrator for the project you’re working on or the HUD Field Labor Relations staff in your area. 5108/11/2026 C11 363 of 436

A-1

ACRONYMS AND SYMBOLS
CDBG - Community Development Block Grant
CFR - Code of Federal Regulations
CPR - Certified Payroll Report
CWHSSA - Contract Work Hours and Safety Standards Act
DBA - Davis-Bacon Act
DBRA - Davis-Bacon and Related Acts
DOL - Department of Labor
FHA - Federal Housing Administration
FLSA - Fair Labor Standards Act
HUD - Housing and Urban Development (Department of)
IHA - Indian Housing Authority
LCA - Local Contracting Agency
LDP - Limited Denial of Participation
O/T - Overtime
PHA - Public Housing Agency
S/T - Straight-time
SAC - State Apprenticeship Council/Agency
TDHE - Tribally-Designated Housing Entity
§ - Section
¶ - Paragraph
5208/11/2026 C11 364 of 436

A-2
DAVIS-BACON - RELATED WEB SITES*
HUD Office of Labor Relations:
www.hud.gov/offices/olr
HUD Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR HUDClips (HUD Forms and Publications):
www.hud.gov/offices/adm/hudclips/index.cfm
DOL Davis-Bacon and Related Acts Homepage:
http://www.dol.gov/whd/contracts/dbra.htm
DOL Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR Davis-Bacon Wage Decisions:
www.wdol.gov
DOL Forms:
www.dol.gov/whd/programs/dbra/forms.htm
*Web addresses active as of January 2012
5308/11/2026 C11 365 of 436

A-3
Project Wage Rate Sheet U.S. Department of Housing
and Urban Development
Office of Labor Relations
Project Name:Wage Decision Number/Modification Number:

Project Number:Project County:

Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
Benefits
Total
Hourly
Wage Rate
Laborers
Fringe
Benefits
$
Bricklayers $Group #BHR Total Wage
Carpenters $$
Cement Masons $$
Drywall Hangers $$
Electricians $$
Iron Workers $$
Painters $Operators Fringe Benefits:$
Plumbers $Group #BHR Total Wage
Roofers $$
Sheet Metal Workers $$
Soft Floor Workers $$
Tapers $$
Tile Setters $Truck Drivers Fringe Benefits:$
Other Classifications Group #BHR Total Wage
$
$
$
Additional Classifications (HUD Form 4230-A)
Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
Benefits
Total
Hourly
Wage Rate
Date of
HUD Submission
to DOL
Date of
DOL
Approval
$
$
$
5408/11/2026 C11 366 of 436

A-
4 5508/11/2026 C11 367 of 436

A-
5 5608/11/2026 C11 368 of 436

198
Appendix E:

City of Vista Engineering Construction Survey
Request Instructions and Form

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199
Appendix F:

City of Vista Stormwater Management Permit
Application Form & Reference Information

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DATE:

SUBJECT:

PROJECT:
1125 E. Taylor Street
Potential Construction Staging & Storage Area ��
Public Works Department Approval Required
See Section 7 .8.4.1 for Details
Oct 2023
Potential Construction Staging and Storage
2023 Pedestrian M9bility Sidewalks Project - CIP _8290 08/11/2026 C11 379 of 436

181
Appendix G:

City of Vista Standard Drawings
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181
Appendix H:

San Diego Regional Standard Drawings
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MONOLITHIC CURB IF SPECIFIED OR REQUIRED TRANSITION AREA .S, ' ,� //
.· .· -· , .. · ·,.· .· .·· · .. · -· ( .· .· .·..• : • .. -:-'-'.\: • .... :· ·:· .. : - ._1 __ .• ·. ·.·:_ : ;_ .. ·

SIDEWALK
CURB

SEE TYPE B
-·�·
z 4'-o" z
l_A

PLAN-TYPE A

MONOLITHIC CURB IF SPECIFIED OR REQUIRED

FACE OF CURB

FACE OF CURB

LIP OF GUTTER
4' MIN
4'-0" Z
l_A
R W

LIP (TOE) OFGUTTER

PLAN-TYPE B
NOTES: 1. SEE STANDARD DRAWING G-32A FOR GENERAL NOTES. 4" THICK MIN

2. FOR TRUNCATED DOMES DETAILS, SEE STANDARD DRAWING G-30.

3. Z SIDE SLOPES SHALL BE 1: 10 OR 15' MAX. 4. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS.

SECTION A-A
5% MAXIMUM GU TTERAPRON SLOPE AT RAMP OPENING
SEE DETAIL BSTANDARD DRAWING G-32A

5.*LANDING MAY BE REDUCED TO 3' MIN IF INFEASIBLE BUT Z SIDE SLOPES SHALL BE 1 :12 MAX OR 15' MAX.

Revision By Approved Date RECOMMENDED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL BAHMANIAN 04 86 UPDATE K.EQUIPADO 12/22 CURB RAMP -TYPES A AND B
(NEW CONSTRUCTION) DRAWING
NUMBER G-27 A
08/11/2026 C11 393 of 436

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203
Appendix J:

Sample Public Notification Documents

Appendix I:
08/11/2026 C11 397 of 436

NOTICE
2023 Pedestrian Mobility
Sidewalks Project

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

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

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

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

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

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

City Project Manager City Inspector Construction Contractor Name Name Name
Engineering Department Engineering Department Company
(760)643-____________(760)726-1340 x-____ Phone number
[email protected] [email protected] E-mail address Sincerely,
Project Manager Name
City of Vista, Engineering Department
08/11/2026 C11 398 of 436

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

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

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

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

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

Gerente del Proyecto Inspector de la Ciudad Contratista de Construcción Name Name Name
Departamento de Ingeniería Departamento de Ingeniería Company (760)643-____________(760)726-1340 x-____Phone number
[email protected] [email protected] E-mail address Atentamente,
Gerente del Proyecto para la Ciudad, Name
Ciudad de Vista, Departamento de Ingeniería
08/11/2026 C11 399 of 436

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

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

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

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

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

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

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

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

THANK YOU FOR YOUR COOPERATION
City of Vista, Engineering Department (760) 7639-6113
08/11/2026 C11 400 of 436

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

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

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

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

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

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

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

GRACIAS POR SU COLABORACION
Ciudad de Vista, Departamento de Ingeniería, (760) 7639-6113 08/11/2026 C11 401 of 436

204
Appendix K:

Project Sign Layout Example

Appendix J:
08/11/2026 C11 402 of 436

City of Vista
Pedestrian Mobility Sidewalk Project
Construction Schedule:

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

The United States Department of
Housing and Urban Development—
Community Development Block Grant
Working Together to Build a Better Community!
08/11/2026 C11 403 of 436

205
Appendix L:

City of Vista Encroachment Permit

Appendix K:
08/11/2026 C11 404 of 436

ENCROACHMENT PERMIT APPLICATION FORM
Please print required information

ENGINEERING DEPARTMENT
200 CIVIC CENTER DR.

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

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

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

CONTRACTOR:

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

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

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

PHONE#:FAX#:

STATE LICENSE NUMBER BUSINESS LICENSE NUMBER
DESCRIPTION OF WORK:

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

CELL PHONE #
START
DATE

ESTIMATED

COMPLETION DATE

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

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

CALOSHA PERMIT (1 COPY)

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

SIGNATURE

PRINT NAME
DATE
NOTICE: THIS IS NOT AN ENCROACHMENT PERMIT - CONTRACTOR MUST SIGN ACTUAL PERMIT IN PERSON Version Date July 202308/11/2026 C11 405 of 436

CITY OF VISTA
Requirements for Encroachment Permits

1.Must have State Contractor’s License.

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

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

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

5.Must have valid City of Vista Business License.

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

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

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

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

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

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

Trust Deposit may be returned as follows.

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

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

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

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

PLEASE NOTE
Additional Insured Endorsements must be included
as attachments to the Certificate of Liability Insurance ***** Endorsements must cover Ongoing and Completed Operations ***** 08/11/2026 C11 406 of 436

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

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

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

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

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

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

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

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

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

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

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

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

10.24.040.

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

13. The permittee is required to immediately comply with all directives issued by the City Inspector to eliminate dust, mud, or other site nuisance. 200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 * Fax 760-639-6112 08/11/2026 C11 407 of 436

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

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

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

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

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

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

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

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

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

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

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

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

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

12.Approved City materials for construction include:
a.Asphalt: Surface course – ½” Med. C2-PG 64-10 RAP, Min. .10 thick Base course – ¾” Med. B-PG 64-10 RAP
Berm – D2-AR-8000
[Performance Grade (PG) asphalt binder may be substituted for AR-8000 asphalt binder in AC Berm]
b.Concrete for structures – 6-sack 3250 PSI min.
c.Concrete for curb and gutters, sidewalks, driveways – 520-C-2500 min. d.Base material for curb ramps – 6” Class II/Caltrans 26-1.02B e.Street base material – Class II
f.Sidewalk base material – 6” Class II
g.Curing compound on all concrete – Type I SSPWC 303-5.6 All standards are considered minimum and may be revised by the City depending upon field considerations, standards and materials approved on a signed City plan, supercede above materials and standards. It is the permittee’s responsibility to understand and implement all Standards, Codes and other applicable requirements. 200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 * Fax 760-639-6112 08/11/2026 C11 408 of 436

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

Within or adjacent to the encroachment area, permittee shall:
•Collect and contain all construction trash, waste, and debris •Promptly contain and clean any spill on site
•Routinely inspect site, remove loose trash, and prevent spills •Properly dispose of any hazardous materials
•Not wash down surfaces unless water is collected and removed or directed to landscape
•Close lids in trash collection areas when not in use
Digging of Dirt – excavation,
trenching, demolition of
structures or grading
Within or adjacent to the encroachment area, permittee shall:
•Prevent dirt from migrating into street, sidewalk, or storm drain •Protect nearby storm drain inlets with perimeter controls and/or filter fabric •Install and maintain effective erosion and sediment controls •Cover exposed soils using mulch, tarps, or erosion control devices •Secure tarps over dirt and debris piles
•Routinely sweep site to remove and properly dispose of dirt generated by work Driveway or Sidewalk Within or adjacent to the encroachment area, permittee shall:
•Direct surface runoff to landscape areas, where feasible •Follow Required Pollution Prevention Requirements for “Digging of Dirt” •Follow Required Pollution Prevention Requirements for “Concrete, Paint, Mortar, or Stucco Work”
Concrete, Paint, Mortar, or
Stucco Work
Within or adjacent to the encroachment area, permittee shall:
•Contain wet mixing areas within confined area
•Prevent concrete, paint, mortar or stucco material from migrating into street, sidewalk or storm drain
•Properly dispose of waste material generated by work
Temporary Storage of
Materials Outside
Within or adjacent to the encroachment area, permittee shall:
•Elevate work materials off ground where possible, such as on pallets •Secure tarps over work materials stored outside
Washing of Material,
Equipment, or Surface
Within or adjacent to the encroachment area, permittee shall:
•Not wash down surfaces unless water is collected and removed or directed to landscape
Landscaping and Irrigation
Systems
Within or adjacent to the encroachment area, permittee shall: Not store landscape materials in street
Prevent dirt from migrating into street, sidewalk, or storm drain Secure tarps over piles of mulch or soil
Routinely sweep site to remove and properly dispose of dirt generated by work Not wash down surfaces unless water is collected and removed or directed to landscape
Test irrigation system, preventing overspray and runoff from hard surfaces 08/11/2026 C11 409 of 436

08/11/2026 C11 410 of 436

27 BID PROPOSAL
From: ______________________________________________________________, Bidder, For: The construction of

STREET IMPROVEMENTS
as specifically set forth in documents entitled

NORTH INDIANA AVENUE SIDEWALK IMPROVEMENTS (C.I.P. No. 8402B) The undersigned hereby proposes and agrees that if his bid as submitted in the attached BID SCHEDULE be accepted, he will contract in the form so approved to perform all work for which a Contract may be awarded him, to furnish any and all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the proposed Project as specifically set forth in said Contract Documents, together with appurtenances thereto, all as set forth on the Drawings and in the Project Specifications and other Contract Documents; and he further proposes and agrees to complete all the Work called for by the Drawings, Project Specifications, and other Contract Documents in strict conformity therewith within the time limits set forth therein; and that he will accept as full payment therefore the prices set forth in the BID SCHEDULE forming a part hereof.

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

RAC Construction & Engineering, Inc.
08/11/2026 C11 411 of 436

28 It is understood and agreed that:

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

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

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

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

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

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

7. In conformance with current statutory requirements of Section 1860, et. seq., of the Labor Code of the State of California, the undersigned confirms the following as his certification:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract.”

8. Receipt of Addenda No. ___ through ___ is hereby acknowledged. (If none, write “NONE”).

1 1
08/11/2026 C11 412 of 436

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

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

Initials _______

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. The “Disclosure of Lobby Activities” is form Attachment G on page 12-87 of Exhibit 12-E titled “Federal Requirements for Federal-Aid Construction Project”.

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

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

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

08/11/2026 C11 413 of 436

08/11/2026 C11 414 of 436

31 BID SCHEDULE

To be completed through the City’s Electronic Bidding System (OpenGov Procurement)

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

STREET IMPROVEMENTS

as specifically set forth in documents entitled

NORTH INDIANA AVENUE SIDEWALK IMPROVEMENTS (C.I.P. No. 8402B)

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

All items shall be finished and functional per Plans and the Contract Documents. Items designated with an ‘S’ in the Bid Item column of the Bid Schedule are Specialty Items per Subsection 3-2 (“SELF-PERFORMACE”) of the San Diego Regional Supplement to the Greenbook.
08/11/2026 C11 415 of 436

32 BID SCHEDULE
(Provided for reference only)

PROJECT NAME: NORTH INDIANA AVENUE SIDEWALK IMPROVEMENTS (C.I.P.No.8402B) TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC OPENGOV PROCUREMENT BIDDING SYSTEM

NOTE 1: The Bid Schedule Worksheet is only provided as a reference for preparing the bid. Only the unit prices and totals entered in the OpenGov Procurement bidding system will be considered valid for purposes of the City’s bid evaluation. The low bidder bid schedule from OpenGov Procurement will be printed and inserted into the final contract documents.

Note 2: Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted. The following “Description of Base Bid Items” is part of the Bid Schedule and shall be submitted with the bid.

Bid Items
Bid
Item Description Of Work Qty. Unit

GENERAL
1 Mobilization, Demobilization, bonds &
insurance. (5% maximum of Total Base Bid) 1 LS
2 Project Information Sign 2 EA
3 Public Notification per Supplementary General
Provisions, Section 7-12.2 1 LS
4 Storm Water Pollution Prevention and Erosion
Control 1 LS
5 Traffic Control and Construction Staging for all
work 1 LS
6 Utility Potholing and Coordination 1 LS
7 Unforeseen Field Conditions (stipulated amount) $15,000 8 Record Drawing (“As-Built”) Plans (stipulated
amount) $2,000

REMOVAL / RELOCATE / ADJUSTMENT
9 Remove and dispose existing vegetation, roots,
shrubs, landscaping, fences, and any other
existing improvements conflicting with new
improvements.
1 LS
10 Remove Private Property Encroachments at 326
& 332 N Indiana Ave and return encroachments
to property owner
1 LS
11 Tree Removal 4 LS
08/11/2026 C11 416 of 436

33 Bid
Item Description Of Work Qty.Unit
12 Relocate, Reconstruct, Rotate or Replace existing
mailbox and post per City of Vista Standard
Drawing SRF-04 including reflective address
numbers in front and side of mailbox (2”
minimum)
2 EA
13 Relocate existing metal mailbox (includes
construction of new footing) 1 EA
14 Reconfigure Existing Private Irrigation Systems
and Replace Groundcover to Match Existing
Private Landscaping Disturbed by Construction
1 LS
15 Adjust Street Light Utility Box to Finish Grade 1 EA

EARTHWORK
16 Unclassified excavation 1 LS

GENERAL SURFACE IMPROVEMENTS
17 Asphalt concrete pavement for full depth
pavement restoration, 1’ wide slot patch, 6"
depth per SRF-13 58 LF
18 6” Type G’ curb and gutter per SDRSD No. G-2
with 6" of aggregate base 61 LF
19 PCC Cross Gutter and spandrel per SDRSD No. G-
12 on 6" aggregate base (includes curb) 70 SF
20 4" PCC Sidewalk per SDRSD No. G-7 with 6" of
aggregate base 1877 SF
21 PCC Driveway Entrance per SDRSD No. G-14A
with 6" aggregate base 54 SF
22 PCC Alley Driveway Entrance per SDRSD G-14E
on with 6" aggregate base 100 SF
23 PCC curb ramp Type A with grey detectable
warning surface per G-27A on 6” aggregate base 4 EA
24 PCC curb ramp Type D with grey detectable
warning surface per G-31 on 6” aggregate base 1 EA

TRAFFIC IMPROVEMENTS
25 Document existing striping to replace in kind,
remove conflicting markings, install new
striping, crosswalks and pavement markings
per Plan, relocate signs on new posts per TRF-
06 1 LS
BID SCHEDULE WORKSHEET – END
08/11/2026 C11 417 of 436

34 (Provided for reference only)
BID SCHEDULE TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC BIDDING SYSTEM (OPENGOV PROCUREMENT)

NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS.

Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.

Description of Base Bid Items:
(Scan and Include with Bid Package)
Bid Item 1, Mobilization & Demobilization, bonds & insurance. (5% maximum of Total Base Bid): Bid item shall include full compensation for all bonds, insurance, sureties, licenses, permits, facilities, labor, equipment and material necessary to complete all work required in advance of construction operations, and upon the initiation of construction operations, to mobilize all required equipment, materials and personnel on-site, and complete all associated and appurtenant work in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. The Bid Item shall also include all labor, equipment and material required to clean-up and restore the site, demobilize and remove all equipment, materials, and staging, and complete all work required at the end of construction operations in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. The lump sum price for this item shall not exceed 5% of the total contract price (5% maximum of Total Bid).

Bid Item 2, Project Information Sign: Bid item shall include full compensation for labor, materials and equipment to fabricate, install and maintain project information sign, placed at the North or South edge of the project, providing project and funding information throughout project duration.

Bid Item 3, Public Notification per Supplementary General Provisions, Section 7-12.2: Bid item shall include all necessary labor, equipment, materials, and all other related costs for preparation, copying, and distribution shall be considered as included in the lump sum price Bid for Public Notification Bid Item 4, Storm Water Pollution Prevention and Erosion Control: Bid item shall include full compensation for submitting the required storm water permit (located in the appendix) including all labor, equipment and materials required to complete all work necessary to install, maintain, repair and replace all temporary construction BMPs to prevent the discharge of any materials into the storm drain system. No additional compensation will be made.

Bid Item 5, Traffic Control and Construction Staging for all work: Bid item shall include full compensation for all labor, equipment and materials required to complete all work required to prepare, submit and obtain approved Traffic Control Plans from the City of Vista Traffic Engineering Department and handle traffic (including flagging costs and person(s) to safely control pedestrian and vehicular traffic for single lane closures, furnish tools, equipment and incidentals, and for doing all work involved in staging constructing, furnishing, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system (including traffic control devices, temporary steel plate bridging, temporary road resurfacing); installation and removal of all required temporary striping and signing associated and appurtenant work as specified in the Standard Specifications, the Supplementary General Provisions, per plans and as directed by the Engineer. No additional compensation will be made.

Bid Item 6, Utility Coordination and Potholing: Bid item shall include full compensation for all labor, equipment, and material required to coordinate with all utilities agencies which “may be affected” or “are affected” by the Work in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. The location, protection, and restoration of existing utilities and improvements, specifically identified for payment under other bid items shall not be included for payment 08/11/2026 C11 418 of 436

35 within this bid item. All other locations, protection and restoration required to complete the Work shall be incorporated into this bid item.

Bid Item 7, Unforeseen Field Conditions (stipulated amount): Bid item shall include full compensation for all labor, equipment and material required to repair, construct, rehabilitate, remove, dispose, relocate, adjust any necessary and unforeseen site feature, utility infrastructure, surface improvements, or unsuitable soil condition, as directed by the Engineer, according to these specifications. No additional compensation will be made. This Bid Item is not subject to Section 3 Changes In Work, and no payment will be made unless the Engineer provides a written Notice to Proceed, or written approval for this bid item.

Bid Item 8, Record Drawing (“As-Built”) Plans (stipulated amount): Bid item shall include full compensation for all labor, equipment and material required to provide City with accurate “red line” plans showing the exact location of all improvements, existing utilities, that have been modified as part of the Work.

Bid Item 9, Remove and dispose existing vegetation, roots, shrubs, landscaping, fences, and any other existing improvements conflicting with new improvements: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to remove and legally dispose all natural and artificial objectionable material within the limits of excavation, as required to complete the Work and additional clearing and grubbing as may be identified within the Contract including but not limited to, landscaping, vegetation, shrubs, tree and shrub trimming, roots, stumps, irrigation, yard drains, AC and PCC driveways, AC and PCC sidewalks, decorative pavers, aggregate base, curbs, gutters, drainage pipes, fences, block walls or other surface features in conflict with the project improvements. No additional compensation will be made.

Bid Item 10, Remove Private Property Encroachments and return encroachments back to property owner: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to remove, salvage without damage, store and return all private property encroachments, at 326 & 332 N Indiana Ave, in conflict with the project improvements, in the Public Right of Way back to its respective property owner as required to complete the Work. City sent Notice to Property Owners which ordered the removal of all encroachments by August 1st, 2026. Work under this bid items shall be in accordance with the Contract Drawings, Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions and as directed by the Engineer, any other related work shall be considered as included or included in the costs of other work for this item. No additional compensation will be made.

Bid Item 11, Tree Removal: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to remove and legally dispose any tree, stump and root network within the limits of excavation, as required to complete the Work in accordance with the Contract Drawings, Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions and as directed by the Engineer, any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 12, 'Relocate, Reconstruct, Rotate or Replace existing mailbox and post per City of Vista Standard Drawing SRF-04 including reflective address numbers in front and side of mailbox (2” minimum): Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to relocate, reconstruct, rotate or replace existing mailbox and post per City of Vista Standard Drawing SRF- 04 including reflective address numbers in front and side of mailbox (2” minimum), including coordination with property owner, as shown on the plans, in accordance with the Contract Drawings, Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions and as directed by the Engineer, any other related work shall be considered as included or included in the costs of other work. Work associated with notification and any coordination with property owner and/or mail agency is included in the cost of work for this bid item. No additional compensation will be made. 08/11/2026 C11 419 of 436

36 Bid Item 13, Relocate existing metal mailbox (includes construction of new footing): Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to relocate, remove, rotate and place existing metal mailbox and metal post with new 12”x18”x36” concrete footing, as shown on the plans, in accordance with the Contract Drawings, Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions and as directed by the Engineer, any other related work shall be considered as included or included in the costs of other work. Work associated with notification and any coordination with property owner and/or mail agency is included in the cost of work for this bid item. No additional compensation will be made.

Bid Item 14, Reconfigure Existing Private Irrigation Systems and Replace Groundcover to Match Existing Private Landscaping Disturbed by Construction.: Bid item shall include full compensation for all labor, materials, and equipment required to reconfigure private irrigation affected by the proposed improvements, verify irrigation working order, replace turf/groundcover/sod to match private landscaping as directed by the Engineer, shown on the plans, according to these specifications, plumbing code and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 15, Adjust Street Light Utility Box to Finish Grade: Bid item shall include full compensation for all labor, equipment and material required to adjust existing street light electric pull box covers flush and even with final and temporary finish surfaces per Contract Specifications and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 16, Unclassified excavation: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for the roadway, parkway, slope excavation, transitions to existing, grading, compaction, dewatering, export excess material, borrow, subgrade preparation, restoration, and export of excess soil to a legal disposal site as required to complete the Work in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions 300- 2, typical section as shown on the Plans, the Plans and as directed by the Engineer and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 17, Asphalt concrete pavement for full depth pavement restoration, 1’ wide slot patch, 6" depth per SRF-13: Bid item shall include full compensation for all labor, equipment, material, and mobilization for installation of asphalt concrete, i.e. Hot Mix Asphalt (HMA), compacted in place. The Work shall include, but may not necessarily be limited to prime coat, tack coat, distribution, spreading, rolling, compacting, joining, adjusting (resetting) of manholes and other structures, associated and appurtenant work, in accordance with Section 302-5. of the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made

Bid Item 18, 6” Type ‘G’ curb and gutter per SDRSD No. G-2 with 6” aggregate base: Bid item shall include full compensation for all labor, equipment and material required to construct 6” curb and gutter per SDRSD G-2, on minimum of 6” class 2 base under curb and gutter as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. This bid item includes curb and gutter quantities associated with driveway entrances or driveway wings. No additional compensation will be made.

Bid Item 19, PCC Cross Gutter per SDRSD No. G-12 with 6” aggregate base: Bid item shall include full compensation for all labor, equipment and material required to construct concrete curb, cross gutter and 08/11/2026 C11 420 of 436

37 spandrel per SDRSD G-12, on minimum of 6” class 2 base as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 20, 4” PCC sidewalk per SDRSD No. G-07 with 6” aggregate base: Bid item shall include full compensation for all labor, equipment and material required to construct concrete sidewalk per SDRSD G-07, on minimum of 6” class 2 base as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made. This bid item quantity excludes the area of the sidewalk behind all driveway entrances, since that portion is included in the description for the bid item 19 Driveway Entrance.

Bid Item 21, PCC Driveway Entrance per SDRSD No. G-14A per plan with 6" aggregate base: Bid item shall include full compensation for all labor, equipment and material required to dowel new driveway into existing driveway, construct concrete driveway per SDRSD G-14A as modified per plan on 6” compacted aggregate base, as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made

Bid Item 22, PCC Driveway Entrance per SDRSD G-14E with 6" aggregate base: Bid item shall include full compensation for all labor, equipment and material required to dowel new driveway into existing driveway, construct concrete driveway per SDRSD G-14E per plan on 6” compacted aggregate base, as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made

Bid Item 23, PCC curb ramp Type A with grey detectable warning surface per G-27A on 6” aggregate base: Bid item shall include full compensation for all labor, equipment and material required to construct concrete curb ramps with truncated domes (dark grey color), sidewalk, and 6” aggregate base per SDRSD G-29 as directed by the Engineer, shown on the plans, according to these specifications, curb ramp checklist and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 24, PCC curb ramp Type D with grey detectable warning surface per G-31 on 6” aggregate base: Bid item shall include full compensation for all labor, equipment and material required to construct concrete curb ramps with truncated domes (dark grey color), sidewalk, and 6” aggregate base per SDRSD G-31 as directed by the Engineer, shown on the plans, according to these specifications, curb ramp checklist and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 25, Document existing striping to replace in kind, remove conflicting markings, install new striping, crosswalks and pavement markings per Plan, relocate signs on new posts per TRF-06: Bid item shall include full compensation for all labor, equipment and material required to document and remove existing pavement markings (by grinding or sandblasting), install or apply new thermoplastic pavement markings, install or apply painted striping, install or relocate traffic signs on new posts, per Caltrans Standard Details A24A-F, City of Vista Traffic Standards, as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. Prior to construction, contractor shall document all signing and striping that will be affected by construction and replace as needed. No additional compensation will be made.

--END OF BID SCHEDULE--
08/11/2026 C11 421 of 436

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

Contractor's License Number: _________________________________________________________________

Contractor's License Class: _________________________________________________________________

Expiration Date: _________________________________________________________________

(As described in the , complete and sign the
appropriate section for your company)

Name of Individual Contractor (Print or type): ____________________________________________________

Signature of Contractor: _________________________________________________________________

Business Address: _________________________________________________________________

or

Name of Partnership or Joint Venture Firm: ____________________________________________________

Business Address: ________________________________________________________________________

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

Signature: _____________________ Name: ______________________ Title: ______________________

Address: _________________________________________________________________________________

Signature: _____________________ Name: ______________________ Title: ______________________

Address: _________________________________________________________________________________

or

Name of Corporation: ________________________________________________________________________

Business Address: ________________________________________________________________________

Corporation organized under the laws of the State of _____________________________________________

_______________________________________ __________________________________________ Signature of Officer of Corporation Printed Name and Title

_______________________________________ __________________________________________ Signature of Officer of Corporation Printed Name and Title

1073141
A/B
RAC Construction & Engineering, Inc.
5811 Barbarossa Ct San Diego, CA 92115
California
Ruben Claudio, President/Owner
2-28-2027
08/11/2026 C11 422 of 436

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

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

Project
No. Date Completed Public Agency Name,
Contact Person & Phone
Project Name and Description of
Work Contract Amount

1. 2.

3. 4.

5. 6.

7. Note: Attached pre-printed list to this page to list additional projects.

March 2026
On Going,Started inFeb 2025,Multi-Year
June 2025
December 2023
December 2023
November 2022
January 2026
City Of Vista
City of El Cajon.Senan Kachi,(619) 441-6209
City of National CityJosh Johnson(619) 971-4126
CalFireAnthony LoCoco(619) 971-1567
USDA Forest ServiceGrace Bassett(619) 984-0804
CalFireAnthony LoCoco(619) 971-1567
City of San Diego
2025 Pedestrian MobilitySidewalk Project
ADA ConcreteImprovements 2025Street & ADA Upgrades
16th & Q Storm DrainRepairStorm drain repair & install
Cal Fire#3CA03670SDU Headquarters -Concrete
GAOA Bobcat Meadow& Corral CanyonCampgroundsBathroom Upgrades Cal Fire#3CA05933MVU HQ Concrete
AC Overlay 2511AAC Overlay 2511BAC Overlay 2511C3 Separate Contracts $193,623.000
$719,260.00
$106,580.00
$777,150.00
$408,640.00
$400,906.00
$632,643.00$622,808.20$608.199.50
08/11/2026 C11 423 of 436

40 CONTRACTOR’S LIST OF SUBCONTRACTORS
PROJECT NAME: NORTH INDIANA AVENUE SIDEWALK IMPROVEMENTS (C.I.P.No.8402B)

NAME OF BIDDER: ______________________________________________________________________________

In accordance with Division 2, Part 1, Chapter 4 of the Public Contract Code, the prime Contractor shall submit with its Bid a list of subcontractors who will perform work in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid or $10,000, whichever is greater.

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

Name under which
Subcontractor is licensed
License No.
and Class
Address of Office,
Mill or Shop
DBE
(Yes/No)
Bid
Item
No(s).

Description of
Subcontractor’s
Portion of Work
Dollar Value
of
Subcontract

(Provide additional copies of this sheet if needed)

RAC Construction & Engineering, Inc.

Precision Striping Inc.545 W. Bradley AveEl Cajon, CA 92020 Pavement Markings $8000.00No251026547C32
08/11/2026 C11 424 of 436

41 NON-COLLUSION DECLARATION
NORTH INDIANA AVENUE SIDEWALK IMPROVEMENTS (C.I.P. No. 8402B)

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________ of _________________________________, the party making the foregoing bid. (Title) (Company Name)

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on

________________________, at ________________________________, ___________________________.” (Date) (City) (State)

________________________________________
Signature

________________________________________
Printed Name

________________________________________
Title

RAC Construction & Engineering, Inc.President/Owner
6-25-26 San Diego California
Ruben Claudio
President/Owner
08/11/2026 C11 425 of 436

42 CONTRACTOR’S CERTIFICATION ON FEDERAL CONTRACT

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

Project Name:

Location:

Amount of Bid: $

Name of Bidder

Print Name and Title

Street Address

City, State Zip Code

Signature

RAC Construction & Engineering, Inc.

Ruben Claudio, President/Owner
5811 Barbarossa Ct
San Diego, CA 92115
176,999.00
NORTH INDIANA AVENUE SIDEWALK IMPROVEMENTS (C.I.P. No. 8402B) NORTH INDIANA AVENUE, City Of Vista, CA
08/11/2026 C11 426 of 436

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

1. The Bidder certifies, to the best of its knowledge and belief, that the Bidder and its Principals, and any of its prospective subcontractors for this award:

a) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal, State or local agency;

b) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal, State or local criminal tax laws, or receiving stolen property (if Bidder checks “have”, the Bidder shall also see 52.209-7, if included in this solicitation);

c) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision;

d) Have not, within a three-year period preceding this offer, been notified of any delinquent Federal, State or local taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

e) Have not, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal, State or local agency; and

f) Do not have an Active Exclusion on the System for Award Management (SAM), which is available at https://sam.gov/

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

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

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

Company Name: Date:

Name: Signature:
(President or Authorized Official of Consultant)
Guidance:

(A) Bidder’s (or its subconsultant’s) inability to certify to the items in paragraph (1)(B), (1)(C), (1)(D), and (1)(E) will not necessarily result in withholding of an award. However, this certification will be considered in connection with a determination of the Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as required in paragraph (4) above or as requested by the Contracting Officer may render RAC Construction & Engineering, Inc.6-25-26
Ruben Claudio
08/11/2026 C11 427 of 436

44 Certification Regarding Debarment CONT.

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

Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). 08/11/2026 C11 428 of 436

45 _________
______________
_________
_____________
_______________________
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.)

1. Type of Federal Action:
a.contract
b.grant
c.cooperative agreement
d.loan
e.loan
f.loan insurance

2. Status of Federal Action:
a.bid/offer/application
b.initial award
c.post-award

3. Report Type:
a.initial filing
b.material change
For Material Change Only:
year quarter
date of last report

4. Name and Address of Reporting Entity:

Prime Subawardee
Tier , if known :

Congressional District, if known : 4c

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

Congressional District, if known :

6. Federal Department/Agency:7. Federal Program Name/Description:

CFDA Number, if applicable :

8. Federal Action Number, if known :9. Award Amount, if known :
$

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if ( if individual, last name, first name, MI ):different from No. 10a ) (last name, first name, MI ):

11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No.:Date:

Federal Use Only:Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
INDICATE “N/A”IF NO LOBBYING ACTIVITIES
loan
loan
loan insurance
guarantee
Ruben Claudio,
President/Owner
(760) 497-6668 6-25-2026
N/A
08/11/2026 C11 429 of 436

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

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

2. Identify the status of the covered Federal action.

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

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

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

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

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

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

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

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

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

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, se arching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
08/11/2026 C11 430 of 436

47 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

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

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

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clauses, as required by Executive Orders 10925, 11114, 11246, or 11375.

YES, If yes, identify the most recentcontract:

NO

2. Compliance reports were required to be filed in connection with such contract or subcontract.

YES, If yes, identify the most recentcontract:

NO

3. Bidder has filed all compliance reports due under applicable instructions.

YES
NO

4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?
YES
NO

Company:

Signature Title Date

Signature Title Date

President/Owner 6-25-2026
RAC Construction & Engineering, Inc.
2025 Pedestrian Mobility Sidewalk Project (CIP No. 8290) 2025 Pedestrian Mobility Sidewalk Project (CIP No. 8290) 08/11/2026 C11 431 of 436

48 NON-SEGREGATED FACILITIES CERTIFICATION EXECUTIVE ORDER 11246 (30 F.R. 12319-25)

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Contract for Construction.
"Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

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

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

Notice to Prospective Subcontractors of Requirement for Certifications of Non- segregated Facilities

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

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

Company:

Signature Title Date

Signature Title Date

RAC Construction & Engineering, Inc.

President/Owner 6-25-2026
08/11/2026 C11 432 of 436

49 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

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

BIDDER’S SIGNATURE DATE

6-25-2026
08/11/2026 C11 433 of 436

50 NON-COLLUSION DECLARATION

, being first duly sworn, deposes and says that
he is of the party making the

attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Bidder

Signature

Printed Name and Title

Dated

Ruben Claudio
President/Owner RAC Construction & Engineering, Inc.

RAC Construction & Engineering, Inc.

Ruben Claudio, President/Owner
6-25-2026
08/11/2026 C11 434 of 436







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