07/27/2026 City Council Agenda 168
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. In the event of any conflict among the documents comprising this Agreement, the following order of precedence goveris: (1) this Agreement; (2) Exhibit "A"; (5) the remaining Exhibits; and (4) Vendor's quotation. Any additional or different terms contained in any City purchase order, acknowledgment, or similar document are rejected and shall not be binding on Vendor.
SECTION 33. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. Notwithstanding the foregoing, time shall not be of the essence with respect to delivery of the Goods; delivery dates are good -faith estimates subject to manufacturer lead times, allocation, and the Force Majeure provisions of Section 37.
SECTION 35. FEDERAL PROVISIONS
When funding for the Goods and/or Services is provided, in whole or in part, by an agency of the federal government, Vendor shall also fully and adequately comply with the provisions included in Exhibit "E" ("Federal Requirements") attached hereto and incorporated by reference. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
SECTION 36. DELIVERY; TITLE; RISK OF LOSS
Shipment will be by common carrier, FOB Factory. Vendor will prepay freight to the first destination. Vendor reserves the right to control the routing. When any other than Vendor's regular method of shipment is used, the prepaid freight will not exceed the lowest of published prices for the regular method of shipment. Special handling charges by the carrier will be paid by City. Title Pa
07/27/2026 City Council Agenda ge 15 of 22 169
shall pass to City upon delivery to City. Delivery dates are based on current information and are subject to change. Vendor's delivery obligation is satisfied upon tender of conforming Goods at the designated delivery point. City is responsible for unloading, storage, and protection of the Goods after delivery, and for all installation and field Work unless installation is expressly included in Exhibit "A."
SECTION 37. FORCE MAJEURE
Except for payment obligations, neither Party shall be liable for any delay in or failure of performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, fire, flood, severe weather, epidemic or pandemic, governmental action or changes in law, embargoes, tariffs or duties, labor disputes, transportation delays, and shortages or allocations of materials, components, manufacturing capacity, or transportation, including delays or allocations by Vendor's manufacturers or suppliers. The affected Party shall give prompt written notice, and the time for performance shall be extended for the duration of the event. If a force majeure event affecting Vendor's supply continues for more than ninety (90) days, either Party may terminate the affected order or this Agreement as to the affected Goods without liability, and City shall pay for all Goods delivered and for all non -cancellable Goods ordered by Vendor.
SECTION 38. LIMITATION OF LIABILITY
(a) To the fullest extent permitted by law, in no event shall Vendor be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or revenue, loss of use, cost of cover, downtime, delay, disruption, impact, acceleration, inefficiency, loss of goodwill, diminution in value, or costs of removal, reinstallation, access, or restoration, arising out of or relating to this Agreement, the Goods, or any Services, regardless of the theory of liability, whether in contract, warranty, tort, strict liability, indemnity, statute, or otherwise, and even if advised of the possibility of such damages.
(b) For purposes of subsection (a), damages of the excluded types are excluded whether claimed by City directly or sought by City as indemnity, contribution, or reimbursement for amounts claimed by or paid to any third party, except to the extent awarded against an Indemnified Party by final judgment in a third party action for bodily injury, death, or damage to tangible property. (c) Except as provided in subsection (d), Vendor's total aggregate liability arising out of or relating to this Agreement, including all claims for indemnity under Section 19, shall not exceed the total amounts actually paid to Vendor under this Agreement.
(d) The aggregate cap in subsection (c) does not apply to (i) liability arising from Vendor's fraud or willful misconduct, or (ii) liability to the extent actually covered and paid by insurance Vendor is required to maintain under Section 20. Nothing in this Section relieves Vendor of its obligation to procure and maintain the insurance required by Section 20. In no event shall Vendor's uninsured liability exceed the cap in subsection (c).
(e) The limitations in this Section apply notwithstanding any failure of essential purpose of any limited or exclusive remedy provided in this Agreement, including under Section 12. (f) The Parties acknowledge that these limitations are an essential basis of the bargain and are reflected in the pricing.
07/27/2026 City Council Agenda 170
SECTION 39. COUNTERPARTS; ELECTRONIC SIGNATURES; THIRD -PARTY
BENEFICIARIES
This Agreement may be executed in counterparts and by electronic or digital signature (including DocuSign), each of which is deemed an original and all of which together constitute one instrument. Except for the Indemnified Parties with respect to Section 19, this Agreement is for the sole benefit of the Parties and confers no rights on any third party. [Signature page follows]
07/27/2026 City Council Agenda Page 17 of 22
171
AGREEMENT FOR THE SALE OF GOODS
FOR SCHERER SENIOR CENTER HVAC UPGRADES BETWEEN
THE CITY OF YUCAIPA AND RUSSELL SIGLER, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
ATTEST:
CITY CLERK
am
APPROVED AS TO FORM: CITY
ATTORNEY
an
CITY OF YUCAIPA
Dr. Sean M. Moore
City Manager
VENDOR
Its:
07/27/2026 City Council Agenda Page 18 of 22
172
Exhibit "A"
Equipment Schedule
07/27/2026 City Council Agenda Page 19 of 22 173
Exhibit "B"
Compensation
Compensation for the Goods and Incidental Services, if any, shall not exceed $65,879. 07/27/2026 City Council Agenda Page 20 of 22 174
Exhibit "C"
Insurance Requirements
Vendor shall procure and maintain for the duration of the contract, and for two years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Vendor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. At the option of the City, either: the Vendor shall cause the insurer shall to reduce or eliminate such self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Vendor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions:
Additional Insured
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor's insurance at least as broad as one of the following ISO ongoing operations Forms:
CG 20 10 or CG 20 26. The additional insured coverage required by this Exhibit applies only to the extent of Vendor's indemnity obligations under Section 19 and shall not extend to liability arising from the negligence, whether active or passive, or willful misconduct of City, its officers, officials, employees, or volunteers, or of any third party.
Primary Insurance
For any claims related to this project, the Vendor's CGL insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Vendor's insurance and shall not contribute with it.
Umbrella or Excess Policy
The Vendor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or 07/27/2026 City Council Agenda Page 21 of 22 175
broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.
Notice of Cancellation
Vendor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self - insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Vendor shall forthwith obtain and submit proof of substitute insurance.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity.
Waiver of Subrogation
The Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of the Vendor may acquire against the City by virtue of the payment of any loss under such insurance.
Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, provided that this waiver applies only to the extent permitted by the applicable policy and shall not operate to impair or void coverage under any policy. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor, its employees, agents and subcontractors.
Verification of Coverage
Vendor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Any such modification shall be effective only upon mutual written agreement of the Parties in a Contract Amendment, and any resulting increase in Vendor's insurance cost shall be reimbursed by City as Additional Work. 07/27/2026 City Council Agenda Page 22 of 22 176
DATE:
TO:
FROM:
PREPARED BY
Item No. 15
STAFF REPORT
July 27, 2026
Honorable Mayor and City Council
Dr. Sean M. Moore, City Manage ,
Fermin Preciado, Director of Development Services/City Engineer Scott Washburn, Deputy Director of Public Works S
Todd Gutjahr, Public Works Analyst Z-
SUBJECT: Award of Contract — Replacement/Installation of Operable Partition Walls at the Scherer Community Center — Project No. 11249 (CDBG Project No:
YUCA-24-1-03A/00286)
RECOMMENDATION:
That the City Council ratify the following recommendations as considered at the June 8, 2026 City Council meeting:
Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, CE Pick Up Company/Pacific Sound Control of Santa Ana, CA in the amount of $69,867 for the Replacement/Installation of Operable Partition Walls at the Scherer Community Center — Project No. 11249 (CDBG Project No: YUCA-24-1-03A/00286) (Project); and
2. Approve the amounts of $16,000 for construction contract contingency and $3,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $88,867; and
3. Authorize the City Manager or his designee to administer the distribution of the construction contract contingency; and
4. Approve the contract specifications prepared for this project; or
5. Provide further direction to staff.
BACKGROUND/DISCUSSION:
On June 8, 2026, the City Council considered this item. Following additional administrative review, the City Manager directed staff to return the item to the City Council for reconsideration.
Over the last 20 years, the City has completed several renovations at the Scherer Community Center 07/27/2026 City Council Agenda 177
and Nutrition Center facilities including painting, kitchen and Americans with Disabilities Act (ADA) upgrades, storage upgrades, plumbing upgrades, HVAC replacement, electrical system upgrades, the replacement of windows and doors (2006), parking lot improvements (2008), wood floor replacement in the Scherer Community Center (2017), replacement of the Nutrition Center kitchen flooring and commercial water heater (2020), roof replacement (2024), and flooring replacement (2026).
The approved FY26 Capital Improvement Program (CIP) includes multiple projects funded through the Community Development Block Grant (CDBG Program). The CDBG Program provides funding for pedestrian and transit related improvements such as sidewalks, ADA curb ramps, and bus stop improvements. The CDBG Program also funds improvements to public facilities and public buildings. In 2024, staff recommended, and Council approved, the submittal of an application requesting CDBG Program funding for facility and building approvements to the Scherer Community Center (Center). The current partition walls in the Center are over 20 years old and are showing wear due to heavy use, including non-functioning locking mechanisms. The City's application requesting the amount of $200,000 in CDBG Program funding was subsequently approved.
The contract specifications to replace the partition walls were prepared by staff and advertised for construction bids in March of 2026. On April 16, 2026, one (1) sealed bid was received and opened as follows:
Bidder
Bid Amount
CE Pick Up Company/Pacific Sound Control of Santa Ana, CA $69,867
Engineers Estimate
$63,000
CE Pick Up Company/Pacific Sound Control (PSC) is the apparent lowest responsible bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. The contractor has confirmed their ability to complete the work with minimal impact to the public during normal business hours. PSC has completed similar projects in the past for the City of Yucaipa, as well as other municipalities and as part of the reference check process, their work has been deemed satisfactory. As a result, staff recommends that City Council award the contract to PSC in the amount of $69,867.
FISCAL IMPACT:
The recommendations result in total expenditures in the amount of $88,867 which is included in the adopted FY26 Capital Improvement Program Budget.
Attachments:
1. Bid Summary
2. Contract Agreement
07/27/2026 City Council Agenda 178
ATTACHMENT 1
07/27/2026 City Council Agenda 179
REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
CDBG Project No.: YUCA-24-1-03A/0286
Bid Opening Date: 4/16/26
CE Pick Up Company/
Engineer's Estimate
Pacific Sound Control
$63,000
2677 N. Main Street #230
Santa Ana, CA 92705
Item
Item Description
Qty
Unit
Item Price
Unit Price
Extension
No.
Remove and dispose of existing interior partition walls, each measuring 40' 11-7/8" x 8'0" (The City of Yucaipa
will provide the necessary waste containers for material 1 disposal)
1 LS
$6,400.00
$6,400.00
Procurement and installation of Moderco — Signature
842 Operational Partition (Panels Only) — Acoustic
2 Wall Carpet (color TBD) OR APPROVED EQUAL
1 LS
$63,467.00
$63,467.00
Total
$69,867.00
07/27/2026 City Council Agenda 180
1 ATTACHMENT 2
07/27/2026 City Council Agenda 181
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
AGREEMENT
THIS AGREEMENT is made and entered into this 8"' day of June, 2026 by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and CE Pick Up Company/
Pacific Sound Control
Contractor / Company Name
Santa Ana
City
located at 2677 N. Main Street #230
Street Address
CA 92705 (714) 892-6022 hereinafter referred to as "Contractor".
State Zip Code Phone
PROJECT: Replacement/Installation of Operable Partition Walls at the Scherer Community Center — Proiect No. 11249 (CDBG Project No: YUCA-24-1-03A/00286).
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents attached hereto as Exhibit A and are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of Sixty -Nine Thousand Eizht Hundred Sixty -Seven Dollars and No/Cents, ($69,867.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written ATTEST:
Ana Sauseda, MMC
Director of General
Services/City Clerk
FUNDS AVAILABLE:
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Ryan B ackerby,
Interim Director of Finance
�sta�•a nr:
P"wwitn. Pvuia�lo
Fermin Preciado, PE
Director of Development
Services/City Engineer
APPROVED AS TO FORM:
CITY OF YUCAIPA
A Municipal Corporation
Date Dr. Sean M. Moore Date
City Manager
CONTRACTOR:
Lsynod ey:
V Aoau. tt 5/26/2026
�eaaeree E weF
CE Pick Up Company/Pacific Date
Sound Control
Steven Graham Pacifico, City Attorney
07/27/2026 City Council Agenda 182
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Exhibit A
07/27/2026 City Council Agenda 183
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Fncineer's Estimate: S63,004)
CITY OF YUCAIPA
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
FOR
REPLACEMENT/INSTALLATION OF
OPERABLE PARTITION WALLS AT THE
SCHERER COMMUNITY CENTER
- PROJECT NO. I1249
CDBG Project No.: YUCA-24-1-03A/0286
NON -MANDATORY .JOB WALK WILL BE HELD ON
THURSDAY, APRIL 9, 2026
AT 10:00 A.M. AT THE SITE (12202 1" STREET)
PREPARED BY:
Todd Gutjahr
Public Works Analyst
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
APPROVED BY:
Fermin Preciado, P.E.
Director of Development Services/
City Engineer
Cih' of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
MARCH 2O26
BIDS WILL BE RECEIVED UP TO THE HOUR OF 10:00 A.M.
ON THURSDAY, APRIL 16, 2026
07/27/2026 City Council Agenda 184
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS
SCOPE OF WORK
LIQUIDATED DAMAGES
DEPARTMENT OF INDUSTKIAL RELATIONS
PREVAILING WAGES
PAYROLL. RECORDS
INSURANCE. REQUIREMENTS
RETENTION
GENERAL INSTRUCTIONS
INSTRL.`CTION'S TO BIDDERS
PROPOSAL, FORMS
PROPOSAL GUARANTEE (BID BOND)
NON -COLLUSION AFFIDAVIT
PROPOSAL BID SHEET
DELIVERY OF PROPOSAL
WITIIDRAWAL OF PROPOSALS
IRREGULAR PROPOSALS
FAXES
DISQUALIFICATION OF BIDDERS
INTERPRETATION OF PLANS AND DOCUMENTS
ADDENDA OR BULLETINS
LEGAL RESPONSIBILITIES
AWARD OF CONTRACT
LABOR CODE
WORKER'S COMPENSATION CERTIFICA1'F
DRUG FREE WORKPLACE
ATTORNEY FEES
WORK PERFORMANCE
CLAYTON ACT AND CARTWRIGHT ACT
SUBSTITUTION OF SECURITIES
SUBLE'ITING AND SUBCONTRACTING
PROPOSAL FORM
PROPOSAL FORM — BASF. BID SCHEDULE
TIME FOR COMPLETION
LIQUIDATED DAMAGES
2 I
2 2
3 3
3 3
5 5
;
6 6
ti
6 6
7 7
S
S
4 9
9 9
IU
10 11
13 13
14 07/27/2026 City Council Agenda 185
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
TARLE OF CONTENTS
UNIT PRICE; PROPOSAL
BIDDERS BOND
LIST OF SUBCONTRACTORS
REFERENCES
NON -COLLUSION AFFIDAVIT
SECTION 1 - GENERAL PROVISIONS
1-1. SCOPE OF WORK
1-2. DEFINITIONS
1-3. LOCATION OF WORK
14. TRAFFIC REQUIREMENTS
1-5 UTILITY REQUIRFMF,NTS
1.6. FLOW AND ACCEPTANCE OF WATER
1-7. STANDARD SPECIFICATIONS
I-8. WAGE RATES AND LABOR CODE REQUIREMENTS
1-9. INSURANCE R£QUIREMEN"I'S
SECTION 2 - SPECIAL PROVISIONS
2-1. TIME OF COMPLETION AND LIQUIDATED DAMAGES
2-2. WORK SCHEDULE
2-3. TRAFFIC CONTROL
24. UTILITIES CONTRACTOR'S RESPONSIBILITY
2-5. PERMITS
2-6. ADDITIONAL WORK AND EXTRA WORK
2-7. INCREASED OR DECREASED QUANTITIES
2-8. PAYMENT
2-9. SAFETY REGULATIONS
2-10 AVOIDANCE OF DUST NUISANCE
2-1 I. RECYCLING OF MATERIALS AND NON -STORM WATER DISCHARGES SECTION 3 - CONSTRUCTION MATERIALS AND METHODS
3-1. REMOVAL AND DISPOSAL
3.2. AVOIDANCE OF DUST NUISANCE
3-3. STORAGE OF MATERIALS IN PUBLIC STREETS
34. MATERIALS AND METHODS ADDITIONS
14 16
17 18
19 20
20 20
10 21
21 22
22 23
24 30
30 31
32 33
34 34
34 35
35 35
35 37
37 37
37 37
07/27/2026 City Council Agenda 186
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
TABLE OF CONTENTS
3-5. MOB11,17ATION
3-6. B11) H LA1S
APPENDIX "A" —CONTRACT AGREEMENT DOCUMENTS 39
APPENDIX "B" — CDBG 44
07/27/2026 City Council Agenda 187
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
CITY OF YUCAIPA
NOTICE INVITING SEALED BIDS
FOR
REPLACEMENTANSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
PUBLIC NOTICE. IS HEREBY G1VF,N that the City of Yucaipa, as CITY, invites scaled bids for the above stated project and will receive such bids in the offices of the Public Works Department at 34272 Yucaipa Boulevard, Yucaipa. California 92399, up to the hour of 10:00 a.m.. on Thursday. the 161 day of April 2026 at which time they will be publicly opened and read aloud.
A bid summary will then be prepared and posted for three (3) days. Award of the Contract will be made during a subsequent meeting of the City Council.
Bid packages are available at no cost at the City's web page: ww,v.yucaipa.gov. To access the bid documents, select the "Bid Opportunities" tab and then select the "Bid Net Direct' link. Eligible bidders must register on this web site link-. If any plan holders fail to register on this site as described above. they will not receive ally addendunis or updates and may, therefore, become ineligible to bid. If you have any questions regarding this matter, please contact Debbie Shortlidge at (909) 797-2489 extension 254. You may contact any reproduction company to download these documents for reproduction purposes at your cost.
NON -MANDATORY JOB WALK RILL BE HELD ON
THURSDAY, APRIL 9, 2026
AT 10:00 A.M. AT THE SITE (12202 1ST STREET)
Scope of Work
The contract work for this project consists of the removal and replacement of two (2) operable interior partition walls at the Scherer Community Center. The scope includes removing and replacing 22 interior acoustic wall carpet panels (color'rBD), each measuring 40' 1 1-7/8" x 8'0", and incorporates the following components: two (2) 3'x7' pass doors with push/pull handles. a 1" fixed top seal, a lead panel with bulb seal, 2" retractable bottom seals, and a manually operated last closure panel. All installation work will utilize the existing track suspension system.
The construction and completion of the project indicated above shall be in accordance with the CBC 2025 (Latest Edition) and the Plans and Specifications as prepared for this project.
Liquidated Damages
There will be a Five Hundred Dollar (S500-00) assessment for each working day that work remains incomplete beyond the time stated in the Proposal Form. Refcr to the Proposal Form for specific details.
Department of Industrial Relations
For all bid proposals submitted on or after March 1, 2015, Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the Department of Industrial Relations 07/27/2026 City Council Agenda 188
Docusign Envelope ID: 8085BOBC-1 ABF-8A30-81 EA-CD228F25144C (DIR) before bidding on or performing any public works contract. A contractor or subcontractor will need to be registered with the DIR in order to be qualified to bid on, be listed in a bid proposal as a subcontractor or engage in any component of the work for a public works contract. Proof of current registration with DiR for the prime contractor and all listed subcontractors must be included in the bid. Failure to provide proof of registration with the DIR may result in the bid being considered non -responsive.
Prevailing Wages
In accordance with the provisions of Section 1770 et. Seq., of the labor Code, the Director of the industrial Relations of the State of California and the Director of the United States Department of Labor has determined the general prevailing rate of ware applicable to the work to be done.
The Contractor will be required to pay all workers the project suns not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of industrial Relations pursuant to California Labor Law Part 7. Chapter I Article 2. Sections 1770, 1773, 1773.1" and the Davis -Bacon Act most recent Wage Determination.
A copy of said document(s) is on file and may be inspected in the office of the City Engineer, located at 34272 Yucaipa Boulevard, Yucaipa. California, 92399.
Attention is directed to the provisions of Section 177.5 and 177.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor tinder the Contractor. The Contractor and any subcontractor under the Contractor sh:dl comply with the requirements ofsaid sections in the employment of apprentices.
Information relative to apprenticeship standards and administration of the apprenticeship prograan tnav be obtained from the Director of Industrial Relations, San Francisco, California, or front the Division of Apprenticeship Standards and its branch offices.
Prevailing Wage Rates:
Bidders are advised that this project is funded with Federal Funds. The requirements of the Davis -Bacon Act will apply to this project and those requirements will be enforced. The prime Contractor and all Subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prince Contract exceeds S2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis -Bacon Prevailing Wage_ will be enforced for all work under this Contract. The Prime Contractor is responsible for ensuring Subcontractor compliance with Davis- Bacon and Related Act Requirements. The Federal labor Standards Provisions (MUD 4010) apply to this project_
A copy of the Davis -Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification, is included in the Contract Documents and Specifications. Bidders shall be notified, via Addendum. of modifications. if any, which supersede that included herein. up until a minimum of 10 days prior to the actual Bid Opening. 07/27/2026 City Council Agenda 189
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Payroll Records
The Contractor's attention is directed to Section 1776 of the Labor Code, relating to accurate payroll records, which impose responsibility upon the Contractor for the maintenance, certification and availability for inspection of such records for all persons employed by the Contractor or by the subcontractors in connection with the project. The Contractor shall -agree through the Contract to comply with this Section and the remaining provisions of the Labor Code, Insurance Requirements
The Contractor shall provide insurance in accordance with these Specifications. In addition, the Contractor shall guarantee all work against defective workmanship and materials furnished by the Contractor for a period of one (1) year from the date the work was completed in accordance with Sections 2-4 and 6-8 of the Standard Specifications for the Public Works Construction. The.
Contractor's sureties for the "Performance Bond" shall be liable for any work that the Contractor fails to replace within a specified time.
Retention
The contract documents call for monthly payments based upon the engincer's estimate for the work completed. The City of Yucaipa will retain five percent (5%) of each progress payment as security tier the completion of the balance of the work. At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of Public Contract Code Section 22300 and the provisions of the contract documents pertaining to Substitution of Securities.
General instructions
Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a scaled envelope plainly marked on the outside: ATTN. PUBLIC WORKS DEPARTMENT, SEALED BID FOR REPLACE-*iEN'I'/INSTALLATION OF OPERABLE PARTITION WALLS AT THE SCHERER COMMUNITY CENTER — PRO.IECT NO. 11249
The City of Yucaipa reserves the right to reject any or all bids, to award each item separately, and/or waive any informality on any bid. No bid may be withdrawn for sixty (60) days after the time set for the opening thereof.
Failure by the successful bidder to enter into a contract with the City, or to deliver goods and/or services in accordance with the bid may result in a declaration by the City that the bidder is not a responsible bidder and elimination from consideration in future bidding.
At the time of contract award, the prime contractor shall possess the appropriate contractor's license and/or any combination of specialty contractors license(s) sufficient to perforttt the work. 07/27/2026 City Council Agenda 190
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Dated this 23`d day of March, 2026.
z� A KI'11—
Fermin Preciado. P.E. --_._—
Director of Development Services/City Engineer
City of Yucaipa
34272 Yucaipa Boulevard, Yucaipa, CA 92399
07/27/2026 City Council Agenda 191
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C CITY OF YUCAiPA
INSTRUCTIONS TO BIDDERS
FOR
REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
Proposal Forms
[lids shall be submitted in writing on the proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any proposal not meeting these requirements.
Proposal Guarantee (Bid Bond)
Proposals must be accompanied by a proposal guarantee consisting of certified check or bid bond payable to the City of Yucaipa in the amount of ten percent (10°io) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. if a bidder to whom a contract is awarded tails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City. The proposal guarantees of all bidden will be held until the successful bidder has properly executed all contract documents.
Non -Collusion Affidavit
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the City is personally interested. directly or indirectly, in the proposal: that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or 1raud. The Nan -Collusion Affidavit shall be executed and submitted with the proposal.
Proposal Bid Sheet
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will he considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose.
The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed, and the bidder make his/her oven estimates from the data contained in Appendix A and on -site inspections. In case ofa variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid. "Notice Inviting Sealed Bids" may be required to provide for the best interests of the City. In no event will an award be made until all necessary, investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof. However. the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of [tie bids, as the case may be. to the respective bidders whose proposals they accompany. 07/27/2026 City Council Agenda 192
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Delivery of Proposal
Proposals may be mailed or delivered by messenger. However, it is the bidders responsibility alone to ensure delivery of the proposal to the hands of the City's designated official prior to the bid opening hour stipulated in the "Notice Inviting Scaled Bids." Late proposals will not be considered. Proposals shall be enclosed in a scaled envelope plainly marked on the outside:
ATTENTION: PUBLIC WORKS DEPARTMENT, SEALED BID FOR
REPLACEMENTANSTALLATION OF OPERABLE PARTITION WALLS AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249. Mailed bids should be - addressed as follows:
City of Yucaipa
Attn. Public Works Division
34272 Yucaipa Boulevard
Yucaipa. CA 92399
RE: REPLACEMENVINSTALLATION OF OPERABLE PARTITION
WALLS AT THE SCHERER COMMUNITY CENTER
— PROJECT NO. 11249
Plainl t• mark the proposal bid title in the upper left -band corner with "Sealer! Bid, " the name and address of the bidder, and the contract being bid.
Withdrawal of Proposals
A proposal may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the City's designated official prior to the bid -opening hour stipulated in the "Notice Inviting Sealed Bids." The withdrawal of a proposal will not prejudice the right ofthe Bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee.
Irregular Proposals
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without. interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.
No oral. telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 'faxes
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax. as all tunounts bid will be deemed and held to include any such taxes, which may be applicable.
Disqualification of Bidders
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the Bidder will be disqualified. This restriction does not 07/27/2026 City Council Agenda 193
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal proposal as a prime contractor.
No contract will be executed unless the Bidder is licensed in accordance with the provision of the State Business and Professions Code.
Interpretation of Plans and Documents
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the proposed documents shall be made only by addendum duly issued, and a copy of such addendum will be mailed or delivered to be delivered to each person receiving a set of such documents. The Engineer will not be responsible for.my other explanation or interpretations of the proposed documents.
Addenda or Bulletins
All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addends have been issued. 'Be effect of all addends to the Contract Documents shall be considered in the bid and said addends shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City.
Legal Responsibilities
All proposals must be submitted- filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all terns, conditions, provisions, and requirements set forth, contemplated and referred to in the Contract Mwuments and to full compliance therewith.
Award of Contract
Following a review of the bids, the City shall determine whether to award the contract or to reject all bids. The award of contract, if made, will he to the lowest responsible Bidder as determined solely by the City. Additionally, the City reserves the right to reject any or all proposals, to accept any bid or portion thereof. to waive any irregularity, and to take the bids under advisement for the period of time stated in the legal notice inviting sealed bids, as may be required to provide for the best interests of the City. "rhe Contractors original signature on the Bid Proposal Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Proposal Form, the Instructions to Bidders, the Plans, the Special Provisions and the 'Notice Inviting Sealed Bids. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the City Council. The Notice Inviting Bids. the Instructions to Bidders. the Bid Proposal Form, the Plans, Special Provisions and Standard Specifications, together with any attachments, shall be considered as part of the contract between the City and the Contractor to 07/27/2026 City Council Agenda 194
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C whom a Purchase Order is issued. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated.
No Bidder may withdraw his/her proposal for a period of sixty (60) days after the time set for opening thereof. However. the City will return all proposal guarantees within ten (10) days after the award of the contract and execution of the contract documents or rejection of the bids. in as the case may be, to the respective bidders whose proposals they accompany.
Labor Code
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California (herein referred to as Labor Code) the City has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for cacti craft, classification or type or worker needed to execute the contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the City.
Travel and subsistence payments to each worker needed to execute the work shall be made as such travel, and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code.
The Contractor shall comply with the provisions of Section 1774 of the Labor Code. Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code. Pursuant to the provisions of Section 1770 of the Labor Code. the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) applicable to the work to be done. for straight time, overtime, Saturday. Sunday and holiday work. 'the holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned.
The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining their bid, and will not, under any circumstances, be considered as the hasis of a claim against the CITY on the contract. The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed. color, national origin, ancestry. sex, or age of'such employee, except as provided in Section 3077 of the Labor Code.
Worker's Compensation Certificate
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self -insure front the State Director of Industrial Relations. In accordance with this section and with Section 1861 of the Labor Code, the contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement. and submit same to the city along with the other required contract documents, prior to performing 07/27/2026 City Council Agenda 195
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C an} -,cork. Reimbursement for this requirement shall be considered as included in the various items of %,,ork.
Drug -Free Workplace
Contractor agrees to comply with the City's Drug -Free Workplace Policy, Attorney Fees
In the event of any action between City and Contractor seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.
A. Arbitration
All claims, disputes and other matters in question between the parties to this agreement arising out of. or relating to, this Agreement or the breach thereof, may be decided by arbitration if the parties mutually agree. No consolidation, joinder or in any other manner, any additional person not an arbitration arising out of, or relating to, this Agreement shall include, by party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Construction Manager, the owner and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable.
Notice of request for arbitration shall be filed in writing with the other party to this Agreement, and a copy shall be tiled with the Architect. The request shall be matte within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceeding base don such claim, dispute or other matter in question would be barred by the applicable statute of limitations.
Work Performance
All work shall Ix conducted and completed in accordance with all current, applicable slate and federal laws, including, but not limited to Labor Code Sections 1770 et. seq. where applicable, local laws, ordinances and regulations. and all maps, plans and specifications on file with city.
Where any such construction has been partially completed prior to this Agreement. Contractor agrees to complete them in accordance with this paragraph.
Clayton Act and Cartwright Act
Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY- to supply goods, services or materials, the Contractor or Subcontractor otters and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have 07/27/2026 City Council Agenda 196
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C under Section 4 of the Clayton Act (I5 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code. arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY lenders final payment to the Contractor without further acknowledgment by the parties.
Substitution of Securities
In conformance with the State of California Public Contract Code Section 22300, the contractor may substitute securities for any funds withheld by the CITY to ensure performance under the contract.
At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the CITY or with a State or Federally chartered bank as the escrow agent who shall pay such funds to the contractor upon notification by the CITY of Contractors satisfactory completion of the contract. The type of securities deposited. and the method of release shall be approved by the City Attorneys office.
Subletting and Subcontractinh
Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Government Code), bidders are required to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the project of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of/: of I% of this prime contractor's total bid. Failure to list a subcontractor for a portion of the work means that the prime contractor will do that portion of the work. It is the Agency's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.
to
07/27/2026 City Council Agenda 197
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
CITY OF YUCAIPA
PROPOSAL FORM
FOR
REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER - PROJECT NO. 11249
Bidder's dame:
TO CITY OF YUCAIPA, as CITY:
In accordance with City's "Notice Inviting Sealed Rids," the undersigned BIDDEiR hereby proposes to furnish all materials; equipment, tools, labor, and incidentals required for the above - stated project as set forth in the Contract Documents and to perform all work in the manner and time prescribed.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications. Instructions to Bidders and Contract Documents. If this proposal is accepted for award. BIDDER agrees to enter into a contract with the CITY at the unit and'or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the CITY of the Bid Bond accompanying this proposal.
BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses. tastes. royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDER agrees and acknowledges that he/she is aware of the provisions of Section 37(X) of the Lahor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with site provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded it.
BIDDER certifies to be properly licensed by the State of California as a contractor to perfortn work of this specialty. The undersigned agrees to famish the City satisfactory proof of ability to perform the work, as well as records of performance of similar jobs completed recently. if and when requested to do so by the City Engineer.
BIDDER agrees that the insurance and bonding requirements set forth can and will be fulfilled.
BIDDER certifies that in all previous contracts subcontracts_ all reports which may have been due under the requirements of any agency. State. or Federal equal employment opportunity orders have been satisfactorily tiled and that no such reports are currently outstanding. 07/27/2026 City Council Agenda 198
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent or employee of the CITY is personally interested, directly or indirectly , in this proposal; that this proposal is made without connection to any other individual, firm or corporation making a bid for the same work. and that this proposal is in all respects rair and without collusion or baud.
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.
Furthermore. BIDDER certifies that atfirntative action will be taken to meet all equal employment opportunity requirements of the contract documents.
07/27/2026 City Council Agenda 199
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C
PROPOSAL FORM
FOR
REPLACEMENVINSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER - PROJECT NO. 11249
BASE BID SCHEDULE
ITEM
—
----
NO.
QTV.
UNIT
DESCRIPTION
_ . _ TOTAL
Remove and dispose of existing interior partition walls, each measuring 40' I 1-7/8" x 8'0" (The City of Yucaipa will provide the necessary waste containers for material 1 I
LS
dis sail)
$
Procurement and installation of Moderco — Signature
842 Operational Partition (Panels Only) — Acoustic Wall 2 1
LS
Carpet color TBD OR APPROVED EQUAL
$
Total
$
TOTAL Bill PRICE FOR THE BASE BID SCHEDULE for the cost of labor, materials, equipment parts, implements, taxes, and supplies necessary to complete the project. as based on the City Engineer's estimate of quantities of work to be done (Summation of preceding subtotals of item I through 2 inclusive).
and
(Words)
(Words)
CENTS Total: $
DOLLARS
(figures)
All blank spaces appearing above must be tilled in. lailure to fill in all spaces MAY result in the bid being disqualified. In case of discrepancy between words and figures, the words shall prevail.
Basis of Contract Award
If the CITY elects to award, the award is to be made to the lowest responsible bidder based on the "Base Bid "only.
'rime for Completion
If awarded the Contract, the undersigned agrees to start work on this project within ten (10) working days or as otherwise directed by the Director of Development Services/City Engineer in accordance with these specifications and agrees to complete the work within twenty (20) working days from the Notice to Proceed. New replacement walls shall be installed immediately following removal.
07/27/2026 City Council Agenda 200
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C In case all the work called for is not completed in all pans and requirements within the time specified, the CITY shall have the right to grant or deny an extension of time for completion, as may seen best to serve the interest of the City.
The Contractor shall not be assessed with penalties during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors or subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, or delays of subcontractors due to such causes provided that the Contractor shall, within ten (10) calendar days from the beginning of such delay, notify the City, in writing of the cause of delay, and the findings thereon shall he final and conclusive.
Liquidated Damages
Time is of the essence on this contract, and should the Contractor fail to finish the work on or before the time stated above. the Contractor shall be charged by the City, as liquidated and ascertained damaues, the sum of Five Hundred Dollars ($500.00) for each working day extension of time duly granted in the manner and for the causes specified in the Special Provisions) it being hereby expressly impracticable and extremely dif lUdt to fix the actual damage which would or will be sufTered in the event that the Contractor should fail fully to complete the work within the time specified_ and it would h- further agreed that the charges per day as aforementioned shall be reasonable and proper in premise. the amount so charged shall be deducted by the City loom any monies which otherwise are. or become, payable to the Contractor.
Unit Prices Proposal
Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (PROPOSAL. FORM). Unit prices listed herein shall include all material, installation and appurtenant work as is necessary to have the item complete and in place, meeting the full intent of plans and specifications. Unbalanced unit prices including additive alternates shall he sufficient cause fix rejection of the bid. The purpose of' the unit pricing is for bid evaluation and changes in the work during construction.
The undersigned hereby declares that the cost of all necessary items for completion of this project are included in the unit prices quoted. all incidentals have been taken into consideration even though said incidentals are not specifically listed in the specifications or shown on the plans. The undersigned is likewise aware of the fact that distances, quantities and other estimated figures appearing on the plans or mentioned in the specifications or on the Proposal Form are only approximate and declares that the unit prices shown above for the various items of work are based on distances and quantities calculated as the result ofactual measures performed at the site project.
Respectfully submitted, Date:
Finn Name:
Signature: ------ _ -_.
Address:
07/27/2026 City Council Agenda 201
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Email:
Business Phone:
Is BIDDER currently certified DBEiWBF?
Contractor's License No.
DIR
Residence Phone_
YES NO
Class____ Expiration Date:
If a partnership, names of partners, If a corporation, names of* B I DDER is _ Vice"Presidcnr and the Secretary or Assistant Secretary.
NAME ADDRESS
President or
I (we) hereby state and declare, under the penalty of perjury under the laws of California, that the representatives made herein are true and correct.
Executed: at — _-- California.
* By: — By —
Title:
'Please state whether the bidder is an individual. a partnership, a cortxirttion or an individual doing business under a iiailious name. if the BIDDER is a corporation, the following is required:
1. signattucs of two corporate ofTtces; or,
2. A ccriiiied copy of the corporation bylaws and a resolution of the Board of Directors which gives authority to the ofticen signing this agrectnent to execute contracts on behalf of the corporation.
IS
07/27/2026 City Council Agenda 202
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
CITY OF YUCAIPA
BIDDER'S BOND — PUBLIC CONTRACT
KNOW ALL BY THESE. PRESENTS:
That
As Principal (herein called "Principal") and
As Surety (herein called "Surety"')
are held and firmly bound unto the City of Yucaipa, a Municipal Corporation of the Stale of California (herein called "Obligee"), in just mid lull Burn of (5 ► lawful money of the United States of America,
(said sum being equal to 10% of the estimated total amount of the bid) of Principal for the herein described work of improvement, for the payment of which. well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns. jointly and severally. firmly by these presents.
THE. CONDITION OF THE ABOVE OBLIGATION IS SUCH. That
WHEREAS. Principal bidding, or is about to bid, for the following described work of impriwernent. all in accordance with the Notice to [udders, Proposal Form, Plans. Specifications, and Standard Contractual Requirements of Obligee, therefore -
NOW, THEREFORE, if obligee shall make an award to Principal for said work of improvement according to the terns of such bid, and Principal shall duly execute, or cause to be executed, and delivered to Obligee the Contract, bonds, and evidence of insurance coverage as, and within the time required by the Standard Contractual Requirements. then this obligation shall be null and void: otherwise. it shall remain in full force and effect.
No extension of time granted to the Principal and no change or alteration in any of the terns of the bid or the bid requirements. whether made after notice or note, shall release or otherwise affect the obligations of the Surety hereunder, and the StlretV waives notice of any such extension, change, or alteration. The Surety, by the execution ofthis bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Sant hereby waives any defense which it might have by reason of any failure of the Principal to execute this bond.
In the event suit is brought upon this blind by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney's fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and Scaled this Dav of _ 2026
PRINCIPAL.
APPROVED AS TO FORM:
By:
Date:
SURETY
NOTE TO SURETY COMPANY.
/'Irax .n+hmn a crrr�d igry of wrev�rd rcmhan>n �l uurhorrry lirr t7u! anarrx)•-m-fort.:\'QTF Lhtt o/RO.VD must not it Prrw 10 the dare o! Coorrrcr. If C'0.y7'X4C710R is PanneerhH1. a/I fx rwls fhmld execult• RO.N'D A1P0k74T;Sv iy �+.mrec Err, troy
ROADS,nwl uJ.y! un rh.• 7}e:arwy !1e/strrmenl's +nnst current lrsl (Cv,-ulcer, i.'0 as amtr dc.1J a*d rnual he :wrhMad in trmiaoir heumttr m rlx srakr xh rrr +ha PROJECT,., heated
(SURETY (.'O. ATTORNEY -IN -FACT)
.ATTACH APPROPRIATE JURAT (S)
16 07/27/2026 City Council Agenda 203
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C
LIST OF SUBCONTRACTORS
The undersigned is required to till in the following blanks in accordance with the provisions of Section 4104 of the Public Contract Code of the State of California and Section(s) 2-3 of the Standard Spec itications.
Name Under Which License Location of the Specific
Subcontractor is Number Place of Business Description of Licensed Subcontract
Subcontractors listed in accordance with the provision of Section(s) 2-3 must be properly licensed under the laws of the State of California for the type of work that they arc to perform. Do not list alternate subcontractors for the same work. The undersigned agrees to furnish proof that all contractors and subcontractors performing any work related to this improvement are complying with all the requirements of Social Security Legislation, both State and Federal, and also agrees to conform with the provisions of Sections 4100 to 4113, inclusive, of the Public Contract Code. as amended, concerning subcontractors and subcontracts.
17 07/27/2026 City Council Agenda 204
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
3. 4.
REFERENCES
The following are the names, address and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: 4 additional s1ktc•e is requiredd, please duplicate this sheet (do not u°rite on the back). is
07/27/2026 City Council Agenda 205
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
NON -COLLUSION AFFIDAVIT
To be Executed by Bidder and Submitted with laid
State of California
County of
, being first duly sworn, deposes and says that he or she is of the party making the forgoing 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 hid 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: communication, or conference with anyone 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 on 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 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.
Contractor
Signature of Bidder
Printed Name and Title
Street Address City State Zip
Place of Residence
(Attach appropriate Notary Acknowledgments)
K
07/27/2026 City Council Agenda 206
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
SPECIFICATIONS
SECTION I - GENERAL PROVISIONS
FOR
REPLACEMENTANSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER - PROJECT NO. 11249
1-1. Scope of Work
The contract work for this project consists of the removal and replacement of two (2) operable interior partition walls at the Scherer Community Center. The scope includes removing and replacing 22 interior acoustic wall carpet panels (color TBD), each measuring 40' 1 1-7/8" x 8'0", and incorporates the billowing components: two (2) 3'x7' pass doors with push%pull handles, a I" fixed top seal, a lead panel with bulb seal, 2" retractable bottom seals, and a manually operated last closure panel. All installation work will utilize the existing tract: suspension system.
The construction and completion of the project indicated above shall be in accordance with the CBC 2025 (Latest Edition) and the Plans and Specifications as prepared for this project. 1-2. Definitions
Whenever in the Standard Specifications. the following terms are used, they shall he understood to meats the following:
Agency: The City of Yucaipa
Board: The Mayor and City Council for the City of Yucaipa Engineer: The City Engineer for the City of Yucaipa or Designated Building & Safety Official/inspector
Laboratory: The laboratory to be designated by the City of Yucaipa to test materials and work involved in the contract.
Notice Advertising for Bids: Notice Inviting Bids.
Standard Specifications: Standard Specifications liar Public V'orks Construction
Other terms appearing in the Standard Specifications and these Special Provisions, shall have the intent and meaning specified in Section 1-2. "Definitions." in the Standard Specifications.
1-3. Location of Work
The general location and limits of the wort: to be contpleled are within the City of Yucaipa and are described as liollows:
Scherer Community Center (12202 1tl1 Street)
20 07/27/2026 City Council Agenda 207
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
14. Traffic Requirements (if required)
All streets must remain open to public traffic. Temporary street closures may be made with the prior approval of the City Engineer. If street closures are approved by the City Engineer, the Contractor must install signs in both directions seven (7) days prior to closure to inform the public of the dales of the street closure or traffic delay. The Contractor is responsible for providing a pilot car(s), when applicable. Contractor shall notify affected residents, businesses, post office, main transit agency. and trash collection company by mail seven days prior to the start of work.
1-5. Utility Requirements
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). LISA member utilities will provide the Contractor with the precise location(s) of their substructures in the construction area when the Contractor gives at least forty-eight (48) hours' notice to the Underground Service Alert by calling 1-800-422-4133. Contractor shall contact USA as specified and shall provide the City with proof of contact with proof of' contact with USA upon request. The Contractor shall notify the following agencies at least forty-eight (48) hours in advance of excavating around any of their structures. The utility cornpmmies listed below can be contacted as indicated:
Organization
Contact Name
Telephone No.
Southern California Edison — Distribution
Michael Cabrera
909-224-4694
Southern California Edison -Transmission
Marlen Casas
909-360-6148
Southern California Gas
William Lao
wliao(d-socalgas.corn
Western I leight Water Company
Mark Iverson
909-790-1901
Frontier Communications Corporation
Sean Murphy
909-217-0116
Spectrum Communications
Frank Rodrigues
909-322-7341
Omni Trans
Melvin Cabang
951403-7986
City of Redlands
Paul Toor
909-798-7658
Yucaipa Valley Water District
Matthew Porras
909-797-5117
South Mesa Water Company
Dave Armstrong
909-795-2401
San Bernardino Valley Municipal Water
Wen I luang
909-387-9223
Yucaipa- Cal imesa Unified School District
Dave Stevenson
909-797-0174
Yucaipa Disposal
Burrtec
909-797-9125
The California Public utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.
The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at 909-335-7716. at least two (2) working days prior to the start of construction.
The Contractor shal I exercise extreme care to protect all existing utilities in place whether shown on the plans or not and shall assume full responsibility for all damage resulting from the Contractor's operations. The Contractor shall coordinate with each utility company as to the requirements and method.% for protection of their facilities during the construction period and shall be responsible for the preparation and processing of any required plans or 07/27/2026 City Council Agenda 208
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities, including temporary service connections.
By submitting a bid, the Contractor acknowledges that utility work may be done in conjunction with this project. The Contractor shall schedule the work and conduct operations so as to permit access and time for required utility work to be accomplished during the progress of the work. The Contractor shall cowrdinate with each utility company as to the extent of required work and the time required to do so. Southern California Edison, Company. Southern California Gas Company. General Telephone Company, Yucaipa Valley Water District and Southland and/or 'fCl Cablevision may each install facilities within the project area. Contractor shall coordinate the activities with the utility companies that construction may proceed in an orderly manner. The Contractor shall include this time in the schedule. Payment for the above, including coordination. protection in place and temporary connections shall be deemed as included in the items of work as shown on the Proposal Bid Sheet and no additional compensation will be allowed. i-6. Flow and Acceptance of Water (if required)
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that lielshc they have investigated the risk(s) arising from such waters and has prepared the bid accordingly and Contractor, by submitting a bid, assumes all of said risk.
The Contractor shall conduct operations in such a manner that storm or other waters may proceed uninterrupted along their existing street or drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if public and/or private properties, in the opinion of the Engineer are not subject to the probability of damage. The Contractor shall obtain written permission from [lie applicable public agency or property owner before any diversion of water outside street right-of-way will be permitted.
1-7. Standard Specifications
The Standard Specifications of the Agency are contained in the most current edition of the
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION "GREENBOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California.
Copies of these Standard Specifications are available from the publisher: Building News, Incorporated, P.O. Box 3031 Terminal ,,tnne-r, Los Angeles, California 90051. Phone:
213-202-7775.
The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans. Special Provisions, or other contract documents.
The Section Numbers of the following Special Provisions coincide with timee of the said Standard Specifications. Only those Sections requiring amendment or elaboration or specifying options are called out. in case of conflict between the Standard Specifications 77 07/27/2026 City Council Agenda 209
Docusign Envelope ID: 8085BOBC-1ABF-8A30-81EA-CD228F25144C and the Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.
References in the Special Provisions to 'CALTRANS Standard Specifications' shall mead the Standard Specifications (2003) of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from: State of California - Department of Transportation. Central Publication Distribution unit, 6002 Folsom Boulevard, Sacramento, California 95819.
References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of Yucaipa or other governing agency as specified. Applicable Standard flans for this project are contained in Appendix A of these Specifications.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and irtstalled complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. finless otherwise specified, the Contractor shall furnish all labor. materials, tools, equipment, and incidentals and do all the work involved in executine the Contract.
1-8. Wage Rates and Labor Code Requirements
Wage Rates
The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of'per diem wages as detennined and published by the State Directorof the Department of Industrial Relations. pursuant to Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Clerk ol'the Agency and are available for review upon request.
Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workers employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. 'Fite minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.
This project is funded by State and Federal funds. therefore two Prevailing Wage rates apply. whichever is the higher of the two shall be paid. Please visit https:/f www.dir,ca.gov/OPRL/DPreWagcDctcnnination.htm for the State wage determination information and Appendix D for Federal wage detenmination information.
Apprentices
Section 1777.5 requires the Contractor or Subcontractor(s) employing tradesmen in any apprenticcable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program if Contractor ,j
07/27/2026 City Council Agenda 210
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C employees registered apprentices or joumeypersons in any apprenticcable trade and if other Contractors on the public works site arc making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules, and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.
Clayton Act and Cartwright Act
Section 4551 of the State Government Code specifies that in executing a public works contract with the Agency to supply goods. services or materials, the Contractor or Subcontractor(s) offers and agrees to assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U,S.C., Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from the purchase of goods. services or materials pursuant to the contract or subcontract. This assignment shall become effective when the Agency tenders final payment to the Contractor without further acknowledgment by the parties.
1-9. Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise front or in connection with the performance of the work hereunder by the Contractor. his agents, representatives, employees, or subcontractors.
Indtmnification
Contractor shall defend, indemnify and hold the City of Yucaipa its officials, officers, employees, volunteers and agents tree and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner which actually or allegedly arise out of or are incident to any alleged acts. omissions, negligence or willful misconduct of Contractor. its officials, officers, employees, agents, and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement. including without limitation the payment ofall consequential damages and attorneys tees and other related costs and expenses except where caused by the active negligence. sole negligence, or willful misconduct of the City of Yucaipa its officers, officials, employees and volunteers. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City of Yucaipa, its directors, officials, officers. employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City of Yucaipa or its directors. officials, officers, employees, agents or volunteers, in any such suit. action or other legal proceeding.
Contractor shall reimburse the City of Yucaipa and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, ,t
07/27/2026 City Council Agenda 211
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C received by the City of Yucaipa, its directors, officials, officers, employees, agents or volunteers.
The Contractor agrees to indemnify, defend (with counsel reasonably approved by Count)-) and hold harmless the County and its authorized officers, employees, agents and volunteers tiom any and all claims. actions, losses, damages, and/or liability arising out of this contract front anv cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indenmitees. The Contractor's indemnification obligation applies to the County's "active" as well as '`passive' negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage [Occurrence Form w000 11.
2. Insurance Services Office Form Number CA 0001 [Ed. 1,1871 covering Automobile Liability, Code I [any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for "all risks" of loss.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
L Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal &c advertising injury with limits no less than S4000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04), or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits of no less than S2,000,000 per accident for bodily in and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than SI,000,000 per accident for bodily injury or disease.
4. Surety Bonds. Contractor shall provide the following Surety Bonds:
a. Bid Bond
b. Performance Bond
c. Payment Bond
d. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is 15 07/27/2026 City Council Agenda 212
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C for longer than one year a Maintenance Bond equal to 10% of the contract price is required Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Contractors' Pollution Legal Liability and/or Asbestos legal Liability and/or Errors and Omissions (if the project involves environmental hazards) with limits no less than S1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the senices involve lead -based paint or asbestos identifacation•'remediation. the Contractors Pollution Liability policy shall not contain lead -based paint or ashestos exclusions. If the services involve mold identificationlremediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. At the option of the Entitv, either: the contractor shall cause the insurer shall reduce or eliminate such self - insured retentions as respects the Entity, its officers. officials, employees, and volunteers. - or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Tlie policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Other Insurance Provisions:
Additional Insured
The Entity, its officers. officials. employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts. or equipment furnished in connection with such work or operations and automobiles owned, leased. hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured 26 07/27/2026 City Council Agenda 213
Docusign Envelope ID: 8085BOBC-1ABF-8A30-81EA-CD228F25144C coverage shall be at least as broad as Additional Insured (Form B) endorsement limn ISO.
CO2010.11 85.
Primary Insurance
For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 041 13 as respects the Entity, its officers, officials. employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees. or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance. Contractor shall forthwith obtain and submit proof of substitute insurance.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the stale with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to afir ct this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its emplovees, agents, and subcontractors.
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the Count}', its ofticets, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents trout waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.
Policies Primary and lion-Contributory
All policies required herein are to he primary and non-contributory with any insurance or sell -insurance programs carried or administered by the County.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. however, 1E
07/27/2026 City Council Agenda 214
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verity that all subcontractors maintain insurance meeting all the requirements stated herein. and Contractor shall ensure that the Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
Entity reserves the right to modify these requirements. including limits. based on the nature of the risk. prior experience. insurer. coverage, or other circumstances.
Severabilitv of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be. no cross -liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage at the time the contract is executed, additional endorsements. as required shall be provided prior to the commencement ofperlortnance of services hereunder. which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of' services hereunder until the completion of such services.
Within fifteen (l 5) days of the contntencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
Deductibles and Self -Insured Retention
Any and all deductibles or self -insured retentions in excess of $10.000 shall be declared to and approved by Risk Management.
Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required ,8
07/27/2026 City Council Agenda 215
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C insurance is not available.. is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
NE
07/27/2026 City Council Agenda 216
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
SPECIFICATIONS
SECTION 2 - SPECIAL PROVISIONS
FOR
REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
2-1. Time of Completion and Liquidated Damages
Time of Completion
If awarded the Contract, the undersigned agrees to start work on this project within ten (10) working days or as otherwise directed by the City Engineer in accordance with these specifications and agrees to complete the work within twenty (20) working days from the Notice to Proceed. New walls shall be installed immediately following removal.
In case all the work called for is not completed in all parts and requirements within the time specified- the CITY shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public I:inemy, acts of the State. fire not due to acts of Contractors or Subcontractors. floods. epidemics. quarantine. restrictions, strikes, freight embargo or unusually sever weather or delays of Subcontractors due to such causes provided that Elie Contractor shall, within ten (10) calendar days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive.
Liquidated Damages
Time is of the essence on this Contract and should the Contractor fail to finish the work on or before the time stated above. the Contractor shall be charged by the CITY, as liquidated and ascertained damages, the sum offive Hundred Dollars ($500-00) for each working day that the work remains incomplete beyond the date(s) specified (subject. however, to extension of time duly granted in the manner and for the causes specified above) it Ming hereby expressly impracticable and extremely difficult to tie the actual damage which would or will be suffered in the event that the Contractor should fail fully to complete the work within the time specified and it would be further agreed that the charges per day as atiuementioned shall be reasonable and proper in premise. The amount so charged shall be deducted by the CITY from any monies which may otherwise be or become payable to the Contractor.
Specifications
The specifications showing character of the work and details of construction are on file at the office of the City Engineer, located at 34272 Yucaipa Boulevard, Yucaipa, Califomia 92399.
07/27/2026 City Council Agenda 217
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Estimates of quantities appearing in these specifications, Notice to Bidders and Proposal Form are merelv entered for the convenience of the Contractor's bidding on this project and as a check of the independent estimates that are required by the Contractor's to be made in the field before bids are submitted. It must be understood that payment to the successful Contractor will be made on the basis of the unit prices for the various items of work and on the actual quantities of work done as measured in the field by the City Engineer.
Copies of the Plans and Specifications and Proposal Form may be inspected and obtained at the office of the City Engineer.
2-2. Work Schedule
Time Schedule
N'orntal Work Schedule: The Contractor shall accomplish all construction work between the hours of 7:00 A.M. and 6:00 P.M. during the normal work week.
Monday through Friday. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time.
Work Schedule
The Contractor shall distribute notices about various construction operations to affected residents and commercial establishments 48 hours prior to start of work. In the event the work is not accomplished on the scheduled day, a 48-hour notice is required for the reschedule.
The Contractor shall submit to the City Engineer a schedule indicating the sequence of work, estimated time for completion of requested portions of the project and the method of operation required to complete those portions in the time specified. The Contractor's schedule shall be submitted to the City Engineer prior to commencing operations at any location. Contractor shall not leave any streets unpaved during weekends unless approved by the Engineer.
2-3. Traffic Control - Costs included In All Other Contract Items - No Additional:
Compensation Will Be Paid (if Required)
Notification
The Contractor shall notify the following CITY Departments twenty-four (24) hours prior to the start of work on this project and twenty-four (24) hours prior to the closing or opening; of a street or alley within the City of Yucaipa:
07/27/2026 City Council Agenda 218
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
YUCAIPA PUBLIC WORKS DEPARTMENT
Notify Public Works Inspector (909) 797-2489
YUCAIPA POLICE DEPARTMENT
Notify Traffic Division (909) 790-3105
YUCAIPA FIRE DEPARTMENT
Notify Dispatchers Office (909) 797-1000
The Contractor shall submit and obtain City approval fir traffic control and detour plans prior to the commencement of operations on as( reel. Traffic control and detour plans shall be based on the most recent CALTRANS Manual of Traffic Control for Construction and Maintenance Work Zones.
The Contractor shall furnish, maintain, and install, (seven (7) days prior to the start of work) all dated "TEMPORARY NO PARk1NG" signs. The Contractor will be responsible for posting, removing and maintaining these signs as required for this project.
Parking and Access to Residents' Driveways
The Contractor shall comply with the requirements of Paragraph 7-10 of the Standard Specifications with reference to the need for minimizing the inconvenience caused to residents. Access to property owners shall remain open at all times.
Construction Signs
All signs used by the Contractor shall conform to the standards of the "Manual of Traffic Controls," issued by the Department of Transportation, State of California, current edition.
All warning, regulatory and construction signs shall be fully reflectorized. The traffic cones to be used shall be eighteen inches (I") in height, rubber or plastic and be refleclorized.
Contractor's Responsibility
The Contractor shall take all necessary measures to obtain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing traffic control plan based on the most recent CALTRANS Manual of Traffic Control for Construction and Maintenance Work Zones. The Contractor shall make the necessary arranecmcnts to provide and maintain barriers, cones. guards. barricades and construction warnings and regulatory signs. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion providing and maintaining all necessary barriers, barricade lights, guards, temporary crossovers and watchmen.
07/27/2026 City Council Agenda 219
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C In addition to the foregoing traffic control and safety measures, the Contractor shall undertake immediately to implement any measures requested by the City Engineer, as defined necessary to ensure the proper flow of tragic and the protection of the public and the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the Yucaipa police Department during non -working hours to replace or provide additional traffic control or safety devices as shall be required by the Police Department.
Flashing Arrow Signs
The Contractor shall furnish and maintain flashing arrow signs (FAS) during lane closures on arterial streets. The City Engineer shall determine when FAS is required at any location.
The entire cost for traffic control as detailed in this Section and as required for this construction shall be included in the prices bid for the various items of work. No additional compensation will be paid.
2-4. Utilities: Contractor's Responsibility
The Contractor shall verify the location of all underground utilities and services before proceeding with the excavation work. requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. The Contractor shall protect in place all electrical vaults, water valves, sewer, storm drain, and telephone manholes to ensure proper adjusting of these to street grade. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor.
Notification
The Contractor shall notify all owners of public utilities forty-eight (48) hours in advance of excavating around any of the substructures and shall also provide the same notice to Underground Service Aleut of Southern California. telephone number 1 (800) 422-4133.
Upon request. the City Engineer will furnish the Contractor a list of the various offices and numbers to call.
The Contractor shall notify all residents adjacent to project areas in writing forty-eight (48) hours in advance of commencing work.
Interference (Utilities in Use)
Utilities which are lound, by exploratory location or by excavation to interfere with the construction of this project will he relocated, altered, or reconstructed by others. or the City Engineer nnay order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The cost of such changes will he paid for as described in Section 2-10 of these Specifications.
Interference (Abandoned Utilities)
Abandoned utilities that interfere with the construction of any portion of this project may be cut by the Contractor, the interfering portion of the utility removed, and open ends of the pipe sealed with a suitable plug or cap. The cost of this work shall be included in the 07/27/2026 City Council Agenda 220
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C unit prices bid for the particular items of work where such interference occurs unless otherwise specified.
F*,-'
2-5. Permits (If Necessary) //
Prior to the commencement of the work, the Contractor will obta4 n encroachment permit �I .• di
at no cost from the City of Yucaipa Public W•orks nd Building and S-aELt♦•T partmen s, located at 34272 Yucaipa Boulevard. Yucaipa, Cali forn T e permit s li be kept in a readily available place on the job site at all times during construction.
While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA confirming they have received appropriate advance notification as required in Section 2-05.2 above. 2-6. Additional Work and Extra Work
The City reserves the right to order additional works over and above the quantities listed in the Proposal Form. in the event that additional work is required and is so ordered by the City Engineer, payment to the Contractor will be haled on the actual quantity- of additional work ordered and measured in the field by the City Engineer and will be paid for at the hump sum price bid by the Contractor. Likewise, the City reserves the right to order extra work not shown on the plans and not listed in the Proposal Form. Any extra work done shall conform to the provisions of Section 3.3, "Extra Work," or the Standard Specifications. subject to the restrictions of Section 20452 and 20455 ofthe Public Contract Code. However, equipment rental rates and labor rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, "LABOR AND EQUIPMENT RENTAL RATES," latest edition, unless the extra work is done for a negotiated price.
2-7. Increased or Decreased Quantities
If the total pay quantity of any iteni of work subject to the provisions in Section 3-2.2.1, "Contract Unit prices", "increased or decreased quantities." of the Standard Specifications varies by more than 25 percent. compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions.
The total of all contract and subcontract administrative, bonds and insurance, overhead and profit costs for extra work for which unit prices have not been established in the original contract shall not exceed 20 percent.
When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than S1,500.00 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item.
Should the total pay quantity ot'any items of work required under the contract be less than 75 percent of the Engineers Estimate, therefore, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if IE
07/27/2026 City Council Agenda 221
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C requested by the Contractor. Such Contractor's request shall be accompanied by adequate. detailed data to support costs of item.
2-8. Payment
Upon completion of the assigned work by the Contractor an acceptance of the work by the City Engineer. the Contractor shall submit an invoice for said work based on mutually agreed quantities. The payment will be trade on the basis of the amount of mutually agreed work completed, less five percent (5%) retention. The final payment will be made approximately thirty-five (35) days after acceptance of the work by the City Council and recordation by the County. The City Engineer may release portions of the retention prior to City Council acceptance.
2-9. Safety Regulations
The Contractor shall comply with the requirements set forth in Section 7-10.4.1 of the Standard Specifications.
2-10. Avoidance of Dust Nuisance
During the process of breaking and removal of any material from the site of the prgject and until completion of the contract work, the Contractor shall take all necessary measures in order to avoid the nuisance of excessive dust. Refer to Section 7-8.1 of the Standard Specifications.
2-11. Recycling of Materials and Non -Storm Water Discharges The City of Yucaipa will provide the necessary waste containers for material disposal Discharges into Storm Drain
Storm water/urban runoff discharges to the public storm drainage system shall be prohibited for all discharges not wholly comprised of storm water or permitted by a valid National Pollution Discharge Elimination System (NPDL•S) permit issued by the California Regional Water Quality Control Board and the City of Yucaipa - "Stone drain system" includes all roads with drainage systems, municipal streets, catch basins, curbs, gutter, ditches. ratan -made channels, storm drain or pipes or culverts. the Contractor shall prevent all non -storm water discharges from the construction site (i.e.. mixing and cleaning materials. concrete washout, and disposal of paints, adhesives. solvents and landscape products). Only clear water shall enter the storm drain system.
IE
07/27/2026 City Council Agenda 222
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C ( i13 M Yucaipa
SPECIFICATIONS
SECTION 3 -
CONSTRUCTION MATERIALS AND METHODS
FOR
REPLACE MENVINSTALLATION OF OPERABLE PARTITION WALLS
AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
3-1. Removal and Disposal of materials
All materials removed must be hauled away from the project site and legally disposed of andfor recycled at a site located outside the city limits of the City of Yucaipa.
The Cie♦. of Yucaipa will provide the necessary waste containers for material disposal. 3-2. Avoidance of Dust Nuisance
The Contractor shall take all necessary measures in order to avoid the nuisance of excessive dust resulting from the process of breaking, reconstructing and removing any materials on the project site. Such measures shall be employed for the duration of the contract work.
Refer to Section 7-8.1 of the Standard Specifications lbr Public Works Construction (Green book).
3-3. Storage of Materials in Public Streets
The Contractor shall comply with the requirements set forth in Section 7-10.2 of the.
Standard Specifications.
3-4. Materials and Methods Additions
None.
3-5. Mobilization
GENERAL. - Mobilization shall comply with the requirements of Section 9-1.4, -Mobilization.- of the Standard Specifications.
PAYMENT- Work under this item shall be paid for under various bid items. Said price includes full compensation for furnishing all labor, materials, tools, equipment and for doing all the work specified herein. No additional compensation will be paid. 3-6. Bid Items
ITEM NO. I - Remove and dispose of existing partition walls (The City of Yucaipa will provide the necessary dumpster(s) for material).
PAYMEN"T -- The contract unit price paid per Lump Sum for "Remove and dispose of existing partition walls (The City of Yucaipa will provide the necessary dumpster(s) for material)" shall include full compensation for furnishing all labor, materials, tools, 36 07/27/2026 City Council Agenda 223
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C equipment, and incidentals, and for completing all required work involved in the removal and disposal of the existing partition walls according to the City furnished stnucture per the plans, specifications and as directed by the Engineer. and no additional or separate compensation will be allowed therefore. The City of Yucaipa will provide the necessan waste containers for material disposal.
ITEM NO. 2 — Procurement and installation of ivloderco -- Signature 842 Operational Partition (Panels Only) — Acoustic Wall Carpet (color TBD) or approved equal.
PAYNIENT — The contract unit price paid per Lump Sum for "Procurement and installation of Moderco — Signature 842 Operational Partition (Panels Only) — Acoustic Wall Carpet (color TBD) OR APPROVED EQUAL" shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for completing all required work involved in the procurement and installation of 22 acoustic wall carpet panels (color T1113), each measuring 40'11-MJ x 8'0", and incorlxttates the following components: two (2) 3'xT pass doors with push/pull handles, a I " fixed top seal, a lead panel \%ith bulb seal, 2" retractable bottom seals, and a manually operated last closure panel. All installation work will utilize the existing track suspension system according to the City furnished structure per the plans, specifications and as directed by the 1=ngincer, and no additional or separate compensation will be allowed therefore. 07/27/2026 City Council Agenda 224
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C
APPENDIX A
CONTRACT AGREEMENT DOCUMENTS
07/27/2026 City Council Agenda 225
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
AGREEMENT
TIIIS AGREEMENT is made and entered into this day of
Yucaipa, a municipal corporation, hereinafter referred to as "City", and located at
Cotttrantor / Company Name
City State "Lip Code Phone
2026, by and between the l:iq of
Street Address
I lereinaller. referred to as "Contractor".
PROJECT: REPLACEMENT/INSTALLATION OF OPERABLE PARTITION WALLS AT THE SCHERER COMMUNITY CENTER — PROJECT NO. 11249
WITNESSF.TH. in this consideration of their covenants, dtc parties hereto agree as follows:
1 he contract documents for the Project shall consist of the Notice inviting Scaled Bids, Instructions to Bidders.
Proposal. General Specifications, Standard Specifications. Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement mid all required bonds, insurance certificates. permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). the Contract Documents are made a part hereofis though fully set forth herein.
In consideration of such work, City agrees to pay, Contractor and Contractor agrees to accept the sum of and No/Cents, (S___._in the manner
provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract ITttt:wnents acid subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST: CITY OF YUCAIPA
A Municipal Corporation
Ana V. Sauseda, CNIC Uate Dr. Sean M. Moue, City Manager Date Director of General Services'City
Clerk
FENDS AVAILABLE: CONTRACTOR:
Philip White, Director of Date Date
Administrative Services
Fermin Preciado, Director of Date
Development Scrvices'City Engineer
APPROVED AS TO FORM:
Steven Graham, City Attorney Date
)9
07/27/2026 City Council Agenda 226
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
CONTRACTOR'S PAYMENT BOND
Public Contract
KNOW ALL BY IHESL PRESENFS: That
As Principal (herein called "Principal") and
As Surety (herein called -Surety")
are held and firmly bound unto the Cit) of Yucaipa, a Municipal Corporation ofthe State of California (herein called Obligee"), injust and full sum of ($ ), lawful money ofthe United States of America_ (said sum being equal to 1001' ofthe estimated amount payable by the temps hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our. and each of our. heirs, executors, administrators, successors, and assigns, jointly and severally, firmly b) these presents.
THE CONDITION OF'IHE ABOVE. OBLIGATION IS SUCH. That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written Contract therefore.
NOW, THEREFORE, if Principal or his subcontractors shall tail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for, or about the performance of the work contracted to to done, or for any work or labor thereon of any kind, or fix amounts due under the 1 Inemployment Insurance Act with respect to such work or labor, the Surety will pa) for the same, in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attarey's fee to be fixed by the court. This bond shall insure to the benefit of any and all persons entitled to file claims under the Civil Code so as to give a right of action to them or their assigns in any suit brought upon the bond.
No extension of time granted to the Principal and no cliatt,c or alteration in any of the terms of the Contract or the Contract documents or the work to be performed hereunder, whether made after notice of not, shall release or otherwise affect the oblieations of the Surety hereunder, and the Surety waives notice of any such extension. change, or alteration. 1'hc Surcty, by the execution of this bond, repreients and warrants that this bond has also been duly executed by the Principal with proper authority. and the Surety hereby waives any defense, which it might have by realm of any failure of the Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by the ObligCt and judgment is recovered by the Obligee. court costs, including reasonable atlomey's fees, shall be an additional obligation ofthis bond for which Principal and Suret) shall be liable.
Signed and sealed this _ _ _ day of ----- 2026.
PRNCIPAL -- — SURETY
NOrE1'OSURE TPCO,NPAV K
APPROVED AS TO FORM: Pleare s hmit d :rrtifird c<yry nmr Jrryaw,xr aktd re-luw. at hr,. far lhr .xlnrnr)-m-Ja.'! V0 1 km• rj fOU) mu'l r tt prom w drat of ('attract. !j('t)!r'TR1C70R rs Panne•rshrp. u!lpanrt.rs ritauklen-cult ROAD. 1,VE•KFJ,k T; Suren, cwmpanlrs —Ulmg ROA11i mes!
apfx::r rrt 1i1w:' Tirmun LYFMntm.•nfs mnU � ul rrn! tut (Crrnrbr S,'O ar am:nJ •d/ nro,l ruuct hr anNror'cealu 1nnr.wa hu.mrra m !hr r6.h• a hrrt the PROUL'(T a lwawd
By:
Date:
(SURETY CO. ATTORNEY -IN -FACT)
ATTACH APPROPRIA"FE IURAT (S)
07/27/2026 City Council Agenda 227
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ics) described below:
Named Insured (Contractor)
Address:
Conipanie, Affording Coverage:
Pokey
Number
Company
I AIkC
Coverage
Expiration
Date
B.I.
Limits
P.D.
Aggregate
_
Liability
___Automobile
i
General Liability
Product / Com leted Operation
Blanket Contractual
Contractor's Protective
Personallnjur
- V
Aber
_
--
Excess Liability
Worker's
It is hereby understood, and agreed, that the City of Yucaipa, Its City Council and each member thereof and even- officer and employee of the City shall be named as a joint and several assurLds with respect to claims arising out of the following project:
It is further agreed that the following indemnity agreement between the City of Yucaipa and the named insured is covered tinder the Policy. Contractor agrees to indemnity, hold harmless and defend City. its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any, suits, claims. losses or actions brought against and It'otn all cost and expenses of litigation brought against the City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers. employees, agents or others employed by contractor white engaged by contractor in the (performance of this agreement) construction ofthis project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right on contribution with insurance which may he available to City of Yucaipa. In the event of cancellation or material change in the above coverage. the company will give forty-five (.45) days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above -endorsement attached, this certificate or verification of insurance is not an insurance policy and does not attend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term. condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all terns, exclusions and conditions of such policies.
Date: By:
Agency:
Tille:
Address:
07/27/2026 City Council Agenda 228
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C CERTIFICATE: OF INSURANCE
Worker's Compensation
WHEREAS, the City of Yucaipa has required certain insurance to be provided by:
NOW. THEREFORE. the undersigned insurance company does hereby certifv that it has issued the policy or policies described below to the following named insureds and that the same arc in force at this time.
I. This certificate is issued to: City of Yucaipa, City Hall, 34272 Yucaipa Boulevard.
Yucaipa. CA 92399.
2. The insureds under such policy or policies are:
3. Worker's Compensation Policy or Policies in a Corm approved by the Insurance Commissioner ofCalitornia covering all operations ofthe named insureds. as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled_ nor shall there be any reduction in coverage or limits or liability, unless and until thirty (30) days written notice thereof has been served upon the City Clerk of the City of Yucaipa.
APPROVED AS TO FORM:
City Attorney
Date:
07/27/2026 City Council Agenda 229
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
APPENDIX B
CDBG
07/27/2026 City Council Agenda 230
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
SAN ILI)ERNARDINO
C I
.OUNTY
4-
Developm4ent.-and Housiw,4
(. C D K.)
CONSTRUCTION CONTRACT
LABOR COMPLIANCE PROVISIONS
(Attachment D)
45 07/27/2026 City Council Agenda 231
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C
NOTICE TO BIDDERS
COUNTYWIDE VISION
The prclect(s) implemented with these funds assist in meeting an element of the Countywide vision for sustainable infrastructures and housing as adopted by the County Board of Supervisors and San Bernardino County Transportalarn Authority on June 30, 2011.
PROJECT FUNDING SUBJECT TO FEDERAL PREVAILING WAGE REQUIREMENTS Bidders are advised that federal finds are being used for this (NeleCl and that as a result, certain requirements are to be imposed, depending upon the source of the federal funds Sources may include Community Development Block Grant (CDBG) funds. Neighborhood Stabilization Program (NSP) funds and'or HOME Investment Partnerships Program (HOME) funds. Tee utilization of these federal funds or: a project will require the payment of federal prevailing wages under the Davis -Bacon and Related Acts f-DBRA') (40 USC §3142. 4o USC §§ 276a-276a-7. 29 CFR Part 5), which will be enforced when the contract airount for the Prime Contract exceeds S2.000. The Prime Contractor is responsible far ensuring all Subcantraclor(s) and lower tier Subcontractor(s) comply with DBRA Also, Federal Labor Standards Provisions (HUD-4010) apply and are attached.
A copy of the Federal Prevailing Wage Decision. vie dale of winch reflects .ne ialesl applicable modification at the tame of The bid advertiserienl, shall be included Bidders shall be notified, via Addendum, of modifications, if any, which supersede that modification included herein. up until a minimum of len days pray to the actual Bid Opening for this project. 6 dder can obtain Davis -Bacon Act Wage Decisron(s) at. h;IpsUsart.;x3vrcontznlrh�in•e.
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity - The b.cders attention is called to tl,e 'Equal Opportunity Clause' are 'Standard Federal Equal Employment Specifications' contained in the bid package, Goals and timelabtes 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. n: 190% for minorities and 6.9 ; for women.
PROJECT FUNDING SUBJECT TO STATE PREVAILING WAGE REQUIREMENTS Bidder is advised and certify by biddr,g on this project that bidder (including any acid all sub- contractors) is aware of the requirements of California Labor Code Sect.ons 1720 et seq. and 1770 el seq. as well as California Code of Regulations. Title 8, Section 16000 et seq ('Prevailing Wage Laws'). which require the payment of prevailing wage rates and the performance of other requirements on certain -public works' and 'maintenance- projects Section 1720 of the California Labor Code states in part 'For purposes of this paragraph, 'construction includes work performed during the design. sRe assessmentfeasibility study. and other preconstruction phases of construction ircluding. but not >aaled to, inspection and land surveying work, regardless of whether any further construction work is conducted. and work performed during the post -construction phases of construction. including, but not limited to. all cleanup work at the lobsde - If the ServiceslScope of Work are being performed as part of an applicable 'pabhc works- or 'maintenance" project, as defined by the Prevailing Wage Laws. and if the total compensalron ;s S1,0W or mare Contractor agrees to fully comply with such Prevailing Wage Laws Contractor shal! make copies of the prevarmg rates Of per diem wages for each craft, classification or type of worker needed to execute the Services/Scope or Work available to kiteresled parties upon request and shall post copies at the Contractor's principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but riot limited to. tnose regarding the employment of apprenticestravel and 07/27/2026 City Council Agenda 232
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C subsistence pay. retention and inspection of payroll records, workers compensation and furfeihrre of penalties prescribed in the Labor Code for violations. Contractor shall defend. indemnity and hold the County, its elected officials, officers employees and agents free and harmless from any claims, liabilities. costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws
Upon roquest by bidder a copy or the Director's General Prevailing Wage Determination(s), the date of which reflects the latest applicable rrcdiricalon at the time of this bid advertisement •mH be furnished Bidders shall be notified, via Addendum, of modifications, if any.. which supersede that wage determination Bidder can obtain a copy of the Directors General Prevailing Wage Determination(s) M: htm
PROJECT(S) SUBJECT TO FEDERAL AND STATE PREVAILING WAGE REQUIREMENTS When the projecl(s) is subject to both the State (CA) and Federal (Davis -Bacon) prevailing wage rate laws, and when federal funds trigger prevailing wage requirements as determined under the Davis Bacon Act, the higher of the two, the State prevailing wage rate and the Davis -Bacon (federal) wage rate and the most restricted prevailing wage regulation(s) will apply to each job classification. and the projec;(s). unless applicable law mquires otherwise.
PROJECT(S) SUBJECT TO BUILD AMERICA BUY AMERICA ACT REQUIREMENTS Bidder is adv,sed and certify by bidding on this project that odder (including any and all sub -contractors) is aware of the requirements for the Buy AM, erca Preference, imposed by the BuiA America. Buy America Act (BABA). under Division G, TNIe IX of the Infrastructure Investment and Jobs Act (IIJA, PUB. L. No. 117.58 and 2 CFR 184) signed m1c, law on November 15, 2021 Bidder can obtain Build America. Buy America Act Information at - - : � : - 07/27/2026 City Council Agenda 233
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
TABLE OF CONTENTS
• CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS
• BUILD AMERICA. BUY AMERICA ACT
• LABOR COMPLIANCE REQUIREMENTS
• REQUIRED DOCUMENTS (including e0ocumentsi
• FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010)
• SECTION 3 24 CFR 75 PART, SUBPART A-D
• AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND
NON -CONSTRUCTION CONTRACTORS
• EQUAL OPPORTUNITY CLAUSES
• CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
• SAMPLE DOCUMENTS
• DAVIS-BACON WAGE DETERMINATION
07/27/2026 City Council Agenda 234
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS
The following are definitions of State and federal proviscns;eccuments for federafty-assisted projects.
N T : Please refer to the -Required Documents" table for any drxumems to be completed and submitted for this project. The term 'Contractor- or 'Contractor's' are used throughout this document and may refer to the Prime Contractor Subcontractor andlor lower tier Subcontractor See toe -Required Documents- table [of information on which Contrac(or(s) are required to submit each document Affirmative Action Compliance Guidelines for Construction or Non -Construction Contractors - Generaily, affirmative action requirements apply to contracts and subcontrarts 1 excess of $10.000. This document provides guidelines to assist all Contractors, as identified on the -Required Documents" table, meet affirmative action and Equa Employment Opportunely requirements set forth in fedora regulations 41 CFR 60.
Affirmative Action Compliance Form For Construction Contracts Over $10.000 (LCF 0616-2.2) - eDccumenl affirming all Contractors, as identified on the -Required Documents' table understanding and implementation of Affirmative Action Cornpl:ance requirements.
Authorization For Payroll Deduction(s) (LCF 16-1.4) - eoocument signed by any employee of the Contractor, as identified on the Required Documents table, who has-0ther!Gamrsh" payroll dedurton Bid Bond - A bid guararlee of at least 10°1,i of the ccntraa price is required from each bidder and must he submitted with the Bid.
Build America, Buy America Act (BABA) - Requires that all iron aro steel, construction materials, and macufactured producls used in rederally-funded infrastructure protects are produced m the Unites States, The Prime Contractor is responsible to include Build America. Buy America language in all executed SubcontractorlSub-Tier contracts for the project(s).
Business Certification - Business certification includes Disadvantaged Business Enterprise (DBE) - Disadvantaged Veteran Business Enterprise (DVBE) - Local Business Enterprise (LBE) - Minority Business Enterprise 11i1BE I - Small Business Enterprise (ESBE) - Women Bus ness Enterprise ('NBE; Certificate of Owner's Attorney - This certificate is to be completed by he owner's attorney when applicable
Certificate of Understanding and Authorization Form (LCF 16.1.21 - eDocumenl signed by at Contractors, as identified or, the -Required Documents' table. certifying the moss current 'Davis - Bacon Labor Standards' has been read ar,c1 understood.
Certification of Bidder Regarding Equal Employment Opportunity (LCF DB16-2.1) - eclocument certification required by ail Contractors as identified on the 'Required Documenis' table, by federal regulations (41 CFR 60)
Certification of Compliance with Air and Water Acts - All Contractors. as ide-itdted on lie 'Required Documents' table, must comply with this certif-cation when the contract exceeds S 100,D00 Checklist of Labor Law Requirements (LCF CA16a.1) - eDocument signed by ant Contractors. as identified on the -Required Documents' table, acknowledging awareness of the applicable labor law requirements.
Contractor's Certification of Compliance with Davis -Bacon and Related Acts (LCF D816.2.0) - eDocumenl certification required by all Contractors, as identified on the 'Required Documents table. by federal law (29 CFR S)
Davis -Bacon Act Wage Decision - The Davis -Bacon Act Wage Deasicn contains the wsSio rases for construction projects within San Berraremo County. A copy of the Davis -Bacon Art Wage Ueosion is 07/27/2026 City Council Agenda 235
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C -ncluded in the bid package and can also be found at hlipaThe wage decision that applies to the project is the one in effect ten days prior to the bid opening date. eDocuments - Labor compl:ance documents required to be submitted by all Contractors. as identified on the 'Required Cocuments- table, electronically prior to Certified Payroil submission Eacn eDocument is listed by name in the definitions herein
Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions - These prov:srons are to be inserted in all applicable federally assisted contracts and subcontracts.
E-signature Authorization (LCF 16-1.0) - cDocumert signed by an owner. partner, executive officer. and all outy authorized 'Designee" employee(sj of all Contractors, as identified on the "Required Documents' table, who have authority to enter into agreements on behalf of Contractor and who will be uptloadirg aDocuments and/or certified payroll records (CPR)s into LCPtracker This document must be notarized with an 'Acknowledgment' form and will be valid for a period alone (1) ca'ender year from the signature date Federal Labor Standards Provisions (HUD-4010 form) - These provisions set forth the federal lahcr requirements for Contractors working on federally assisted construction projects in which the prime contract exceeds S2.000 Contractors are required to pay their laborers and mec-nanics working onsile a wage as specired in the FEDERALLY FUNDED PROJECTS section of INS provision The Prime Contractor Is responsible to include the Labor Compliance Contract Addendum in all executed Subcontractor/Sub- Tfer contracts for the projecffs).
Fringe Benefit Statement (LCF 16-1.3) - e! ccument signed by all Contractors, as identified on the -Requinxf Documents' table, identifying bona free Fringe Benefits in which their emp'oyoes are participating.
Labor and Materials Bond - This payment bond guarantees that cmpbyees/Subcontractors, and suppliers are oaid for services rendered and materials supplied. The Labor and Materials Bond must be at least 100% Of the contract price and must be submitted to the CITYiCOUNTY upon award of the contract.
LCPtracker - County Community Development and Housing Department (COH)s Online Certified Payro:l System.
Performance Bond - This bond guarantees the Contractors performance under the terms of the construction contract and must be a. least iQO% of the contract pace and submitted to the CITYICOUNTY fo!knwtg award of the contract
Project Wage Rate Shoot (LCF 16-1.1) - eDocument used by all Contractors, as identified on the 'Required Documents table, to list a4 labor classifications and wage rato(s) applicable for the protect to be set up in LCPtracker for CPR submittal
Section 3 (24 CFR Part 75. Subpart A-D) - This iaw applies to all housing rehabilitation. housing construction and ether public construction projects contract exceeding S200A00 or more of housing and community development finarciat assistance from one or more U.S. Department of Housing and Urban Development (HUD) programs.
Section 3 Resource Participation Certificate (LCF DB16-2.4) - eDocument to certify trial all Contractors. as identified on the -Required Documents` table, have rear the County Section 3 Plan and contacted the resources provided for information on panicipaurg in the program Section 3 Actions and Outcomes (LCF 0616.2.5) - eDocument signed by all Contractors as +denC6ed on the 'Required Documents' table, to certify how fhe Contractor will implement Section 3 hiring practices for the project.
ratio 2 of 51
07/27/2026 City Council Agenda 236
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C 's
t S. Department alIftiming and C7han Derelnpnrent
Mee of Communit) Pianniny; and De%chrpment
STwcial Anentiun ol':
NOTICE: CPD-2023-12
All Scertar)'s Ktprc chu:unCs
lssued: Ne%emher 2, 2023
All Swie! Area C oordinators
1W CPT) Dn ision Mrctun,
Ftpires: FTlccfiva until umendtd. supm-dnl.
BCD Field OlIkes
Or r' Cnxled
HUD kcgwn;d Oniccs
Cmss kcrery c:
Sect itnta '1 kKI I - 5'_ uT Pub. I .. No. 117- ,8
Subiccl: CPD Impl mmumion Guidance tin the Buildantcri.a. Buy Amer ea Act's domc.tic Content pr ia-cnunl pmerenee as ran (irthe Inik.wniaure Im-e%tmuu and Jute Act
llt6 Notice provides initial impicunentation guidatke tin prognuus a dmtni,tnrd by the U.S.
Department of housing and Urban Ike ektpnvent'i MUD) Office ufCunuuunity Plmuting and DeNcloptnst (CPU{ Fur the "Buy America 11relernce' (BAP) imlvx d by the Build Auwiiea. Buy America Act (RAIiA) nuw:e,l under Dieiskm G. Title IX of the Inliasnucturc Imo: mwnt atxl Rit+s Act (IIJA- Pub. L. No. 1 17-581 sipped into law on November 15, 2021.
I his Notice prnidcs CPD grantees aril participating drn r.dicuum, adlecu%cly of •md to as grantees. mm uxcmun% of -BABA, including key ism, IILID action, to implcuncm RADA. guidance an TILRYs general waiaen, (he phased implchnartwiun sdxdulc Iin the RAP un CPT) progrmn. and prt"-s d next slops The atlached addctul.: inhale answen, to hcyuailly a,kcd question:, ex:onple, of'%heu the IIAP apphc� ImC'PD grantees. aril sample RAP img:wge I'm agreements. ki
07/27/2026 City Council Agenda 237
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Purpitse of the \nice
This Notice i, inten(led at nutily gn intees olihc "Hu) Anicnca Prcl'crcocc- (il,V') ralwrcmcnt under the IWild Anwficu But America Act (TJARAI ai they apply to (A'D ltrogr in,.
Thi, Notice idemilie, the C PD progrtnrs andae4tnies t)lat nuh>I e(anph r.nh TIARA along vilh Ilse Iiutchnc Fin the applicatlon urthe RAP. h also highlights iwitS that grantcv? N III t.ant fit ctnuidcr +clan prelxrring for RCD's Cull unplcuxnnation of the BAI'. a, dcscrilre(1 in "Public Interest 1'hascd hnplenwiliation W'aiur liter F\•'_t122 and 2023 ul' Raild America. Filly Anwric,i i'To,'i4wns 1% Applied to Recipiem, of I IUD Federd Fin:mcial A,skwivcc- (RK Fed. Reg. 17001, ellirctisc March
15. 2023). This Notice ichn, ui SS Fed. Keg 17iHil as the "Ilwa txl Impknxmation Waiver' which cstahlishci RAP implementation lxtint, according In a schedule acrtas (IUD proiran, Note The guidance pro\ ided in this Nmki: is subjoci to change i f lw Office of hIanagcn+cnl and Butlgtl (OM11) urxiafcs guidatxe on the application of RABA for Federal lin:metal assi>liuwc (FFA)progr:nis lid inliasuucttnc.
(her%" of RuiW America• Ray America Act
flit Raild America, Ru% America Act (RARA)
The Build Amcnct, MAY America ACI (BABA) was signed into talc h) Pr sidcnt Ritkn on Nweniber 15. 21121. as pan of he Infniamcture Ime,lm,nn and Jotfs Act (11JA1 as Sections 791N)I- {7 of Puh. 1 . No. 117-58 In ntklititn lit prot idnrg finding for road,. Mi(Igei, niL , aixl high-srccd n ctim :KC YT. if create(I an hh,'enril'e fit Irkfea,e tlnlne,tiC 111ahxlfacnrnlg acfU„ the counin through file inchrsiun ol'BAIJA•, "Fifty America Prefcrenec" (BAP) In gencral, the RAP retloira that all (rim. stcc!, nntnulixlurcd prnitkts..irxl cumntxlion materiali tied in infi a,trttctun prujiects I'unticd with Federal financial assivarx a (FF.A). ast)jillinctl in Section 70914a) of RAII.A-nuist he pniducLil in the Und,d Slides. The intent of the RAP in BABA is to atiuuilalc pri.alc-,cctor iov,'sfinent, in thnnestic mamilacturing. Ixtlsei cnti,al supilly chain,, aixt suppun the crcaaon cl %,e11-paVldg!ob% lnr peop!c in ille Unit xI Slat,']. Tile prelerencc is alw imen&d to bo— tar Anwriean linns• ability fit compete and Icad ghdbi ally 16r year, to come by reduitine cinitte, that m-coke Fetkrtl infr itnicturc Finds to use Aniencan mat niuls and prodtrcts.
The 13AIJA prclerence liir Amerx:m m.dcrials aril product, applies u) all sperding (,it iniianinicnre project, b. Fedcnd agerwic•,. including iIUD. In BABA and Iorpugxhsrs ol'Ihis Notice. the Federal inliasinichire spending wish a TJAP is re1',nrcd was -Fedral lirumcial as,ki:ncd' or-FFA" Urxkr Section 709I2(7). I -FA lie- inlnwruourt "projects" iaeutles the -construction, altcrniun, maintenance. or r •parr of inhawitctur-e in the United Slide,". Untie, S,tu<x+ 7(MIINa). lore use ul'Antchican inx+and st,tl. commrcti+m nna,•rials, and mandxnucd lwmlttei, applies it funding From CPi) paugrmns lot mIi"ItIcuhre prolect,. I lower. cr, the FIAT' Akre. not iylpl, to 'prc and pnu divsler tr cfncrgcticy res(vinl a cv uyxliturc ' umkr Section 70912(-3p1). A list of CPD disaslcr tn' cniergerey limiting nweling Ihcsc criteria can be litund ill SCcIxVA III
FRcetive May I •i. 2022, lire BAP agryih,� to mirastnrcuin slxnxling unlcs ;m agcnxv issre •s a waiver in three limited sifluikinc: I) when applying the tkim"is content (wmil emanl prelefOwc 07/27/2026 City Council Agenda 238
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C would he incon,iment wuh the public iulertsh 2) al+tn lypts uI*irtnl, Accl, msnulixlutcd pnnluct% or curtlrtic! ion it tat onal, are rani produced in the Uniled States in .nlreient and reasooLthly avad;+ble yumaitia or of a aii,fac ory quality, or 3 i %N hete the inchown of tho>c products and inatcri, Is will irwrea,c the cost of -the ntcrdl pnljcci by ricers [Kill 25 peree il. Before issuing a waiter. untkr Sttiliotl 7091.fi 1. the Iic,id of a Federal au'ricy. including I i .;D. most nuke pith IicIN availabk a tkulled tt'niten esplan.+non It -the pniptlstd dctcr iiinatiun to issue lie Itailei .nxl Inutile it ptvitnl of not kt- , than 15 dies IUr public coinnient tin the Propohcd a'ai%m Addilio al tklai6 (lit wa refs can he i uliltl in Section lk'.
A. Federal Government -.side Guidance an R.ARA
As a Ixin ul'ihe Federal governmcnl's supptln oftkuntSiic pnnluelion and ulanulacnnnlg Ihniligh inliostrAwture ins estnici ts. OMIt and I i11D here taken seccrd steps to implement the RAP by prtwidine guularice and issuing 111_11) gercrd wail cre.
CM Atipea 23. s_(123.Ohl 6 i- aed final nit: file 2 CFR Pans 184 and 204) aril pre O&A l iulher guidance tat impleir, ilting the +iatullm• r quiremcnts ;ind improving )TA manag nient and tran,pari:ncy ($R Fcif Reg. 57751). cfTcciise Cktuhcr 2.11. 20231. Th k goo•tn lment-wide rep, Iallo is apply to I ICD programs and provide dirmLW an unplcnxrnulg a HAP wattcr proses, The tic"' and red iced wgulalions:dso provide Altlil1onil gunldnce tnl cominicleai room ial .talxlauls. the cost compnnat s of nwnulaeiured latidtici, aria their ckfiniliall Ohl October 25. 2023. 0%111 issued guidance to:dl Federal agencies tat Iww to impletlxnl H A)1A coll,kicnlp acw%s the govtannwnt. The -'Itn kt 1 lrtli , (' a Lin •e i n Avillicalwil ni Aut 1,,,7ri..y nro';:roiu: ;n 1-e'Iced F l;wcial A—Wi n'e Pnl_nnl• lira InllaslroduL, 01-2-1-0'_ 1 (0%111 0uidance1 directs Federal apwies, including 1113), on hou to apply the HAP ant] pnrrides an iwn-icw of the RAP waircr rrtpiircnici* o,ati 1 also llit• :kiditional or ilp/lat d picla Ice In the future, and I IUD will ufxlaic its guhtante as ncte—fry.
HUD Actions and Guidance ran RARA
BABA is it new and complex slalule. which btcamc cl)ictivc in 2011. As Flieh, cilablishing gm,n1nic"t. i(k gtrldarlee on thew nets st ilLilot)' rLquircoit'liLs has been an iteralitc process Since the ist,`sagc of BABA. I IUD has woiketl diligently to inipicuncvn the RAP for all HUT) Iauglauls.
Retorc the law beanie cn ctitc un flay 14. 2022, I m) cstublishcd a r),j unn+cni-wick RARA leadership cunnniuce. Beginning in Ions 2022, IiUD i•s;i d a Rtyue�i for biliimtiuiun (fern) and colllcled Public culinlo nis oil pulcoltal RARA +mpbcauons for I ILD grantees. Bused on Ihesc conimmi, alit to caK ill,: innAitto ill conipl,im: mth the IIAP. IIUD lltUposcd;intl receleid Miter geucoal waiters for coercd FFA. which include, ('Pr) programs- lhesc waivtas and other HABA information are asailahlc on IIGD's tt Ctrs ilea It ><lt 1 III 1) Loot I ;.Is 1);yci nnlelit of Ilcoldult anon I rb:w l kt'cli;j+lmrnl {I lI i) I. Furthcr details on lhuse waltt9s joil fllc!r a pllcalion to CPD lnugran» arc pnici(1ad in Section IV of This IVwit:c.
UPD has takcil .wt evil aeliors lu ootif� anil cu+nnlialiCalc "Lill AJUIxddcn a tl graniee. tat H ARA rcyaivonlnts antl ihcir inipacl oil( 111) pmgr rm, All CPr) Fiscal Year (F\')'_f122 grant Iransmiital ICl1tr5 arxl lxriic of limdmg up(x;nuniuts t`K)FOsj incdakd a rek-reliec to the RAP 07/27/2026 City Council Agenda 239
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C under BAIIA, For the F1'2023 linuding alto atiom. all (AID grant agr"mcnis with covered FFA inclUded a Dhows to rcyulre fut Iht• grantor mine comply tvilh RANA. it, applicable. Throughout 202i• ('111) has held tL\R.\ injorniation session, 1iw CPD grantees and Itus a dedicated email Nix al ( PnN.\R.\.0 hud,!re•. to answer que,t4ms drone nxhfldual vmruee,and stakeholder, I It;[) I] tmrinmlog to uo'k lonard, implementing nARA across its ancrtd FFA progsnus.
Next steps nuhxle tablishirtg a centralized waitcTprocess fin all IILID matted programs. CPD is irworliortting DARA in it., cziaing reporting iyucros andprxcs,es. To assist crmtee,, C'PD isaixI ticteloping:xlditiun:d guidance materials •uxl support as the phased iniplerneniaiion oFRARA Progresses.
11. IHrll111kions
Key teen, that hate rcict:vxe to the interpretation and implementaiiun ofthe RAP IvrCPD prorgeuns are dclowd in [lie RAN,\ statute and may Ix lirund In 2 C'FR pan I,J:md 0%111 guithnce.
A. fluild Amrnca. Ria :\nienra Act is detincd in ' C•FR C 1 %d.? and mean, die imon Q tide IX. auhuilc A, pans 1 11, sccuon, 7(M)1)i Through 70927 of the InFsrsuuetute Intesunent ;md Jobs Act (Pub. I . No. 1 17.i$)
I d. Ruv \mtnic+ Prcimmix is dcl'wred in 2 CFR § 1813 and nheans the -domestic comer, procumml -ill lwet iteuci ' set l:rnh in section 7091; of R:\RA, trhich reiluire, the heal of each Fcdcral agency to ensure that nine of the funds m;xk axaih+blr liw a Fetkmil award liw an infrrstrieture project outy he ubligated,nl �%ull ul'Ihc inn, stetil, manul:hauled Products, and Cu11510.r010111 materials ineewptt tw d into the project are produettl in the United Statc,.
C. Catc�iwaauon nl Artit'Ie,.fhe lrnn "Cate<wiratitm ul aOiclec' relit? In the rtquiretrnYn; that articles, ncnenals, and suppliers sbutild only he elassiitd mkt ore ol'the killuwmg i. Inn or steel products:
ii. Manufactured products:
ni C'unstniction malmak: or
it. St�ylionT(N)I7tcltnaleriah.
:\n artidc. nnnerlal, (w,tgtply slwuld rxN be clusshlisl into more Than one tulcg<w} and must be nr:xk bused on the status ul the article, nalmal. or supply Depend amsal to the stork ,etc tar use in ;in mliwocure pmjcct. Anlcdes, nuiteniak, IN sup}dics must owo tlw Buy Antenca Pre'tCheitet' Iiw only tore single catcgtwy in which they arc classified and. in sane caw,. pray ndx lull under uny ol't)x ratcguries listed :hhn a.
D. Cttmnxntent i, dklirn:d in 2 CFR � I N-t.? and mere,' an anicic. n:atcnal, ur supply, xnc�lhcr nant&icturcd or mm!anuGktmal, incorporated directly into. ;I lumul'attured product. it. .there applicable, an Iron or steel prx!uct
F. CtnarwIinn \tuerial, is detincd in 2 CFR § I M 3 and mums articles. materials. or 07/27/2026 City Council Agenda 240
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C sulop6es Ikr: arrlsist of only wtc ofthc itctm limed in pamgnplt 01 nl this dcliuiutrr.. except as prnided in paragraph (2) of this definition. To the eticnl one of the hems listed in paragraph ( I I contains as inputs tither sterns listed in paragraph f l ), it is nuncchcicss a cimtstnulunt nralcritfl.
0 ) The li,Itxl isms are:
i. Ntm-Brost, metals;
ii. Plastic and pol,nn:r-basal prxlucts (inclrxling pwlycin}'Ichl(Wiik. wngxr.ilc huiidinc materiak and ptd)'nrcra uacd in filter optic cable,):
tit. Glass lineludi1111 Or a glass):
is. Frbcrtou it: cable (Including drop cable).
v. Oplical (!her,
via l.urnto.
vii. Fml6necrcd r.(W. and
%iii Drywall
f21 Ninur addit tms of articles, Inalcriak gulnthe, %mbinding agents In it curnlrwtxrrl ntatcrial do n(x change thecaw-gotiraGtin ofthe cor truetitxr material.
I" Crotr d Malin;d, inchkki the litlhtwing when used in. cwtncown —th an fnf'r.wnwwre Projcctc
(A) all inn, and steel:
(B) all hianufacluretl Pnxhwb: and
(C) all C'orwrlmiion hf:ncri;lk
C'o. crcd ('PI) llmmin». The terns "co,ered CPT) prndn:ants" ruins any Federal finarwial assistance adntinkfel xi by CPI) that is used 11w wiiasouchi-c Ixrrpo,e,. cs:clming expcndiwr, Maws] to pre aril pxtst dia .,wr (w nwrgcnc) respxm.k- I1, i( ran(ce. nw taat'grrnice. - a" rkfimd at -'a CFR ?. I M. ltwan, the ixawn ur Icgal entity to which a grant is awartlttl and that is accountable lit the roc of the furxis pro, idvd.
1. redcrnl Financial A,,;Wance (FF A) Ira, the meaning gi,.n to the icrn in 2 C'FR 200.1 (or succc,sor regulati(nns) and inchmles all expenditures by a Fer!vrd agency in a Now Fedei: l Fntit. Iur:nr Inf aslructare I'toiect. except that it dues nits intltuk:
(A I expenditure, li.sr assistance authonred under section 4112. 401, 404. 46. 40A, or 502 of the Robert T. Stafftxd T)iswcr Rclicf.oxl Fntcrgcnc)' Assistance Act (42 II,S.0 517W. 517(tb, ;170c. 51 72, 5174. ur 5192) relating to a nralox disaster ur entergcnc) tleclared b. the Prestrleut urxlcr icclion 401 sit 501. respativcl)-, of such Act (42 U.S.C. 5170. 51911. tir
(III pre :uxl pint di,ssler or cnxrger)Cp respan»e cspnx!itur.�. .1. InlraslntUurc is di;wrtbctl in 2 C'FR 1184.4(e) and cncnmpasie, public infrwrlicitirc prticcts in Ibe United States. which inchxle" at a minimum: Ilse uru:tures. 1;wililies, arxi equiprxnt litr ratdi. Fat hu-a)s. and bridges: rurhlic Irrnspuration: shuns, ptmt� harbors, and tether 07/27/2026 City Council Agenda 241
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C rnaromic htcditics: inlc'rcnu p:t-engcralit] Ircight rrilIoack 1rerght and intcnlndl:d falilt Ivs. airports: ttater systcrots. including drinking water anti tc ast"awr %N ilems: electrical iranunkm n lacilitirs and>rslrnrs: uuliticr: br adlr:utd inl'raArw:lure. artcl building: unit real property, and structures, lacilawi, anti <ojuiprnart that generate. tran-4ton, and dWributc energy including electric t chicle I F') d,cuging. Sce atso 2 CFR 184.40).
K. Inli'awliourt: Pritia:l. 71te Icon "inl'ecmnacitac pmjcci' is defined in 2 CFR 1 i4.3 and meant all acin it, relate! to 4,e constnwctiun, alteration. main)erwnce, or rellair of utfr,stmcturc in the United States re¢ardless of whdhcr u)lm,lmerurc s the lmrnjry purpose of the pruicd.
I_. Iron u,d Slecl Pnd acts. the tern, "inan arul •IM prtwftct:' is de(ined in 2 C'FR t34.3 and steams :m article, marcrial, ur supply that cuns,sis wholly or prcdummmnllt. of inn or sled. or a ctnnh!nalutn of htuh
�1. 1'rdtnninamK oriron urslcd or cornhirutlioo of Muth is Mince[ in 2 CFR 184.; ardl means than the Cost of the von and steel ctnlrnt exceeds 50 percent ordte total cost ol'all its cumflow tts. The ctsl of iron arwl sleet Is the cost of the iron or steel mill pndhicts (such as bar. billet, slah, wire. pLu., or sheet), caainp, or lirgmgs ulilired in the manulat wre o0hc p;,.;.hrct a::d a gtwd lai0i c'slinutC of the cost of in,n or steel coniflommis.
N. Meek ill lnterica Office. The trnn "Male in America 0111cC ur" III.\0" mc.nn the ollice at Ifnc Ullice of Managcowm and Budget. esrahhsh yl ba scciion 7(P)23 of It ABA. that ii durt:, Yi oath, among other things, mli rcneg compliamc ts,th the BAI' area c.(abhshing the procedures to TO 10% a amcr request, proposal by a F Kkrd awarding agcneg.
0. Wanuf4iou ed Pnuhcts is tkfrrw•d in 2 CFR 1 W.3 ant( means. (1) ArtickY, rn.xerials, coo supphet loot has. fwtin:
(it F'r(tcesctt ink) it specific limn aril shape; or
(II) C Wnbirted %1Ill other aniclfti, tt talenaIs, Ur itlpplls to Malle a prtd oei with ditlerem propctitics than tlw indi, dual article, materials, atr supplies. (2) Win item I, cla5llficd as All min ore ocel product, it consmiction mueriad, or a section 7rl9l7(c) nt:ttcrial antler 2 CFR iS 1, Ile) and the definitions set lollh Ira this section. then it is not a mamrfaciund pnxhn 1. Flowerer an aside, material, or supply elassili Ld as it mamdacturcd product wader 2 CFR I44.41e) and p;:mgraph (I ) al Iles telinition play include cumptncols hurt are construction ma,cnals. iron or steel pr(Wucts, or section 709171c) materials.
P Martttaclurer is defined in 2 CFR 1 R4.3 attl nnearts the cnlily Ilml Ixr(umu the find nnnuf daring process lh.a produces a ru mufacimed product.
Q. Noel-F edcrd Fillm means a Slate. Inca I gmamment. Indian Tribe. Institution of lhgher Fducaflon (111F), or rxmprulit urganiialinn, as pawdCl in 1 CFR YXl 1. Public Ffoow% Agentcics arc Non-Fcdcrrl Fnlitics.
07/27/2026 City Council Agenda 242
Docusign Envelope ID: B085BOBC-iABF-8A30-81EA-CD228F25144C k. Kut I i,t(d C'on,tnKli(in Maeri:ds. 'ihe wmi "tit,( listed cunslnt titm ucdclialo' rclin tU the calegmx• uI'cunslnxtiun nstteri(ds iluu arc subject to the RAP. but nor included in I IUD', ,pccifically listed construction mawrah. is (loaned in the Phu.al Waiter.
Thininrkxks:
i. plastic and pttlytuct-huNml product. Sher Ih:ul ctnnp(tsilc building nurlcri:IN (x plastic and polymer -bat ctl pipe or luhc.
ii. glaes (including a01t; gla,r): and
ills d+vteall.
S. Obligate The tam "obligate." for purptae, of IIUD's phased implcmcnialitm of HARA. moms the tLne that thin cuvttlul dre legal in9lmnlem creating tlx: telation,hip bcrtcnvn I11:D and the center Im an au;ird of federal lirlancial asci,tance. The milestone dud c,laMi,h(•s air Alitmintn tluc deftcods on c.Kh progmin bad for many CPD prugrmt, such a, (41116- the ublig:dilxl date (><'cttr, nptln I iUD's exacufitm or [Ile grant agrcen-11 r t1Vri CiuitLtnrc. The term "f)Afli rut( mr '^ rl:16, to CFR Par: 194, file "hen li inrmnnoii t \ n ti n n 11hn %m ••ici Prorcn • • in rs ! •nd h'in;m -gal 1s,h Pine I'ru run, tier Inlci,uuemrc"(bf-21-02), imiml Ooohcr 21, 2011. by fir, tHfce of Mamn!cment and Htxlget, and an s ,ttMc(luun ((Mice to rescind ur replace 1.11-24-02 "rhi, guidarwe i, applicalk: to the honk of tdl fedmil a zencies for the of RABA's Hu) .America Pr6trcncc.
U. Prc and Pot f)iusto w Fmcr•once Rc,lwn e f,twndilurc.. The wmi'-lite and part dis:t,ta or emergency respim c cxi enthlores" mean, fe(k+al linnlirrg aullwtired un(kr scoti m •102. 40.4. aUJ. Slki, 409, or 5)2 of ilic Rupert T. Swiliwd I)Itii ItY Relief aed Emergency .\,si,lame Act (3tAlmd Act) rclmint w a major di, i,l r itr sncrgcncy deeklrL•tI by the 1'residcnl urxlcr scciisin 401 tx 501, m pecti, eli . The I3AP tk<, wl apply' to pre it.[ Ixi,l disa,lcl or anc+gcnay resptmSc expcixlitureS audnniitd by slawic, other Owl dw St:dfiird Act and made in :mticipation of or in resp(xrsc w :tit ('x(Ytl that qualili as an cnlergnxy or major disaster within the running of the Staflurd Act V. I'r(xluced in the I Imted ti atl.: is defined in 2 CFR I h•l.i and n an,:
i. In [tic cax of inrn or sixel producls, all nsmulitdunng Plkk:c cs, live the tidied melting stage through the applicatimi oretuuings, tKcurred in the United States.
u in llte sax• 01 numul;Kuiral pr(xluOS.
I. 'I he pr(xltkt %IS nnanufimulrcd in the Unilal States: and
2. The nisi of axupwnentS of Ilk m:aml"cturcd proil tKt Ih.0 are urilW prxxfn:ced, or nanulaclured in the United Seals: is greater, than iG percent of llte tutal gait ofall c(unp(mrnls of drC ntanul;currcd pnxhim unlcs, anmhcr,landard Ihal meets or exceeds this standard hits bear established under applicable laa or regulaliM for d, twnnining the mmimum aimunl of donnslic conlcm of the manulm1ured pr(xiuel. See 2 CFR 184 2(a). The costs of
,ollipUllenl, of a IIIanUlil(ti/rl'd pnxLad are detcrmir� d :Kcurding 07/27/2026 City Council Agenda 243
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C to 2 C FR 184.1.
ii i. In the raw ofconsinlction nuteritds, all manufacturing provesie: r1R the con%inlctiom mat l'tal txeurred in the United Statci See '_ CFR 184.6 fM more fnfonn:nion on the me,uting uf';dl manul:MUnni: prlKeswi for srlccilic'uOmtnlclion tnitienal,
W. LEWW The term " pnojw- means the anutntction. alteration, maintenance. or rep:nr ul' iothastlncut. in the United Slate,. (Sectitm'(Y41217) of RABAi.
K. Settlon 7091 7(c) bled riot. [lie tenn "%cctiun 70917(c) malertal:' is tlelintd In 2 CFR I Xl', and mean, cement and cemwnttinotl4 Itlawrlal,: aggregate site[, as %tutu, sand, ru gra\ el. or argreeate binding acent, or additi, tw. TTtc,e materials are not considered "ton,tnwvnn m: ierial," lit Itte pmry c of liABA implementation. ��. �L,�Y'IIIraIIY IIa,YI r, N1,l Rtiln Nl III:IIefIa l♦ The lento ��yK1'il leatlV IIatYI eIM1,71•J.1Ion m:uenit * fir I IUD pnoglanls il!OLW%N:
it non4zt1nuui metals:
b. Imollur:
c. c+mptnitc building 111mc lals; ind
d plastic and I%4\'1Mr-h1.ad pine Moto attic.
III. Applicability of the RAP tin CPI) Pngrams
Calder SecLiorl, IN 12 and 7(w114. the IIAP apphc, to dtc Italchaw of 1-an. ,Iecl, nlarn+lactured (rnnhm,, and omimtctiun materials for Cost :d C'PIl Programs tt Iwnt I tiniks arc u,ed fa'the con%tntclivn. Alcritiun, aulnrlerance. or repair ni infrlanlcune, as delined by FIAIIA- C o%ercd CF'fl Pm;,mnm currcnlly inclutle.
• C itinilk, lit Persons With AIDS IHOPN'AI
• SOIA lelp I lonj,,o% utship (/frportunitp Program (SI ION • S(xcial \OFA for unshcbemd and ntral hannele,s
• Vcicrms I Iousire Rchabilitaliiin ;and \10 dification Program (VI WNW) • ('nnunum:} Project Fnn,ling (CPF) f-conomic De\clorltnent lnitiaw e, (EDIt • Section 4 Cipaciq Building
• Rural (rapacity Building
• Pslh,,a). it, Rem;m ing (lbuatica to He a ine (PR( I Hnu,ing) • I'rescrcawin and Reinvestment Inuiati%c Ibr Coomnutity Lnl•,atu:cnent (PRICL) )t
Sd
07/27/2026 City Council Agenda 244
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C hy2 i Permartent Sufyttati,e I lousing IPSI H funk
flit, Iisl of C'o%ered CPU Progants k wh)cct nt change if thaw an: any change., to the eligihlc tr.. m of tundc or the establishment of neat programs that tend nrinwmaetutc and .are covered by BABA.
CPD Prolframs Vot Cowred by BAP:
I Inder Section 709120031. the HAP dexs not apply to I cdt-nl unds for "pre and pint duster or cmcruYny resfwsc " Me following C'PD Rinds are aduwnstety d tier disaster or cucergcncy related purpt -., attd therefore Ilse HAP Me, not apply:
• Cuuununity 11e,eluptrtcni Hfoek Gt net ❑i,a,ter Recoser} Fatal. (C Dft(i-DR I • Communiq lk-wicpment Hk)Lk (;ran[ hluigation (Ofti-MIT) • Community Do elofmtrnt Block Grant — National Divster Resilience (Comperition (CDB(i- NDR)
• Commirniu D'rchgmtent BItxok Grant CARES An (('DB(i-('V ) • HousingC)Mwinauue,Rwl4Tson,With AIDS CARES Act (H(WWA•('V) • IarterFcncy Stduu y
07/27/2026 City Council Agenda 245
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C IR'It's Gearral N'aivm Appilrable as Catered CPD Pro}pams Foor general applied hilit� wwt en ;ere citric r.111 art cII'Lo liar I IUD Pr,uran), turd apply to all Colcrcd ('111) Pn gnnuns Fuch t,m,er is rxldinai Wow.
General
Milk latemt
Phased
Impktaentatloa
1'1i;;rul
Cirruins IaTim
Ve Ifillrrrrr',
Small Grants.
and Minor
Cunlponerth
Min issued a Public tawicst a art er.
"li+hli+ Lu<•rrd l'I:u.rJ lnrnh rurnu:::,nr
Ilkilr•r /i rr /�}'_q??lgrrl `Ua nl lkeLl
.Iw.•ri. ,r. Rae ire a5rn %'—'I%b41,
Inoli.z! 01 Rarin.•rn. rat !ll 10 lr,lrnrl
rin mri'd :1"'i'rwi, ; , to allow Inn
orderly intplemrnnron oftlw RAP
arms HUD programs. The Phased
Impkrnen(atam Wainer titahlishes a
.whedule liar the Idraecd implemenration
of tfw RAP acres CPD progrmns sari
HUD issued a public interest waiver fix
migm circumstances, "1'rrhli. Irnrrclr
%!--dirCr l r/ 1in;1,1 -honor,+. Nor ,liner is ::
i.iru„ Jin' Fti�•ra! r 7+.,,nr,rnm t;• a•
'!^pin'd (n ('err: r,n llrr erne nets nJ !If 'L7
lcrlrrul!•i+„n,.irdd..rr+,l� '1'hrs
ltaiver altEtli cs wlien !here is an urgent
nerd by a CI'D grantee To nomcdiately
roanplete an mfrasimcturr prttjcet
hrcause ofa threat to brc. slaty, of
proPwrty of tvsalaus and eke
IIUD issued it Public infer" de
alinifilm small grants, and miner
w npcmeMs waiver fitted-Pr+bli.
hflc'-fm 1h• 4h Nrni. aild Gr.nU :roar.
ll',rl err r H Gui Jrl I rrt_+'ire_ Nn•:.Dore ice:
)htll'i1ir,/1. rr, :flnr�i<'r/err (�<'+"bairn
/bat it+ia•nr.. n(1/i /71-rY(rnrl l�iur:nr f.r!
1 .w,rtw ' This wail;] tkc BAP t'oa all
infrastructure pr(limis wIMNe total cm;
Geer all funding sources) is 11yua1 to tx
s, than the simpliliwd :mpi-Ation
im,e,hold at 2 ('I H NHLI which is
conently $240.000. 1111s \ruse 46)
ullives the atrnlicalion of tau RAP fix a
The Public interest %%ait er was
issued in March 2023 anal
established a Phased
maplelnrntanul; schedule low the
application of the RAP to HUD
Prograuu thriagh IIY2025 TW
RAP has been in efleci suave
No%emher 15. 21122, for the use of
inn; and steel fix infinwrueture
Projects timdcd %%ith newly
obligated FFA lhrntgh the CDFKi
'I be puhlic interest waive- for
ecigcnt sheen:a:alces is etlictive
from November'_'. 2022, li7r a
Period t,I' Cl ve %cars ending off
November 23. N27, or such
:hurter flow as [it JD cony
altnollllcC 113 NOIICC.
The Public interst rlenrinimin.
small grants, and minor
ctnn;xmrnCs waiver is ef1cLtivc
front November 23. 2022, lur u
pelitrl of live year, ending on
November 23, 2027, or,tech
'henna lime as HUD UD naay
inflQuacc 1r:1 Notice.
07/27/2026 City Council Agenda 246
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Gmcral
Purpose
ERative Data
Vb'sl%er'i'c e
de mmimi., portion n(an inl'raswoure
prujcn. alcanmg a cunudan%c total of
rx. more ttr:ut lice prreent of Ihr used
cost of tho iron, steel, mina l'acmrd
prtduels, and amstrtttirn material,
uscti in and hxz»Iwrncd into fhc
infnsfrtcturc prajcm up to a maximum
ol'sl million.
FII, ) issued a pohlic intcra wiivcr.
The w-jiver of the BAP as it
L�rre.rra, r,i Pw,hr lnfcre•.,d. G.•n.r„i
applies in 'I'rih.d recipicros is
11,14wal'iril, Ngiiy, ,I Ruild.4mr•rirac
ctlecme limn Ala% 23, 2023. until
th, 4,u<r("i !'rurirrr,rr, al.11,141rd n,
May 23. 2024.
T i1, d h'rx-ir,lanll „ 111.1) /cd<,.d
Tribal
Recipients
l I'd J•ci;!r. n,r "i ..I `:note •tin•
the BAP as it applies to I'rilml
X%Aver
recipients. I IUD +till consult wuh
'I ribally Dczivmied I lousing Entities
and other Tribal L•milics un lint, to
HUI) Project -Specific %NA%ers
Addowinjlly, , ('111) grants may r *ju%:1 a prge%1-spciific %%an cr hum the BAP for covered F] :A on a limited. caso-b,aasc i+:uis. HUD may grant a projxt lxcifc waiver alter corrsulialion aril r•%icw with the OMB's NIIAO. As wnh the general war%ers, urxkr Section 70Y 14(b) I IUD may i,stle a project- 3,'61ic wai%er to the Bap it it is dctamincd that a Nvan er falls In11167x: UI 114% fulluwing thnv ealeeuncs I) %+Inn applying the rlcn%;cstie cumcm prncuraucnt picfcrcncc %,uuld be inc%xrsistcnt with th+• lwblic unctcst.2! w h,n tylr%� ul iron. s!ccl. manuf;rcnud product oi' eJtUtftXniHl nmierwk are not prrduccd in th Unilal States in sullkicni and reasonably a%ailable quantives w of a satisfactory quality, or 31 where the Inclusion of tho a pnxlucts and materials will irwr asc- the co,,t of the o%crdl pmgcal by more than 25 percent. A t,aiver fora ,pcatie proi m may %.w% dcNtiding tit 1n the ein umst:mccs ol'the pavaxa, aril elxcilic ilenn- product.. or materials in tdu-tion.
Understanding HUD's Phrased Impletuent.1m, .Approach
Under Section 74i9144ad. the BAP for cowrcd I I % infra,lruelurc pro ectz, including thosc handed by CPC) progntms, was rcrluird a, he in :Mxt no facer than ! A0 days alter it was ,i_•ncd into law. Illus.starling May 14, 2022, all ne%v awards of wwrcd FFA for infrasttucune Heeds obli¢ated by I IUD %%otdd tra%e had a BAI' ,ruler BABA. Dne to the shun implemcmation perirkl of I Ku days. and in tdlo%% for the donte,tic industry and FFA wopicnl to have the umc and iwlice necessary to implcnimt BABA cilicicr,th and elTcctivcly. IIUD issucd sc%erd cencral public 07/27/2026 City Council Agenda 247
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C intmm waiver, ilchnling a Phased Impleor:nWj;otl %Waiver. Aver the COUTSC OI*Iao }cars. UTKICr this wm, er, I IUD t ill implcttunt the ItAPin an incremental pr(xctis for all HUD progran;a, including CPI)pnlgruIIs. Io rnnle into compliance with RABA. This phased approach is aka inictltic(I to reduce the hur(kn on granted due to Ilk unceltair ants ,I'cumpli:axe (%rh the IIAI Thi, approach n also intended Io pro(idc tr;mnparCncy c(Inceming the iull inlplencntali(m plain in cuntrcetiin iciC111UD inin,uicwn lxujcas, 10.:1) a anus to a. ui(1 any unn tc�,ary an(I urriue hardship: dial eYltlld iIXtp:Rdl/C lhv hlliely aR(I CUaI Clleell\ l.' I.YN}ip1e1N#1 VI pTOJtYIs lilal pees IOII?I\' %%cte nul subject Iu J BAP mvJ IL, allow time Iur lTnllLe% In come No lino eYnir11li11rcc- in file ;able hch,w, the calumet ldenriN, tour acparatc categories of covered nlatcnals subject el the BAP I iron and steel, slxcitically bslcd c(xutnctkmi limtetial,. not limed consinictitu tluacrlals. and manufactured prMucts) anti de mlv, idcntfw Clivetnl HUD programs. 1'o use Ilk talilc, hold Ille program that hlnls die project undcconsideration. then held tK-. co%vred materials that will he used in ill, prof tt. I hie cell in the table (where the a pplirlble i'm% slid cofumn int -r cci Il Klli Ales the date ,it N hich Ilk RAP Iwtll begin al)P!N ing it] the SIKtiIfIc Inatelials 11" in the ploico under consider.ui(n. It Is imp(Nlanl to tote that the dale n(nhligamin is the ttuc nn which HUD eseruted the legal Insmlnem creating the relatioluhtp between Hl.l) aM the grantee ;br all award of FI:A. commonly ilk date the entnt agreement is suncd by I Il!D 07/27/2026 City Council Agenda 248
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Ilh;md Implementation Schitdada for IIUI) Program
I h; labie bctow ou!IWS the 1111,110,1 onplenl ilan,n Iinicluw 611 I It o 1%0-cd pnnnwn, in I11W %1 in the IVla.ed l uq\\'ai.a
BAP wg rp p1 to...
Iran and Starl
Coastruction
Coostrucdw
Nawfactured
Ai lterials -
Mateo -
Products
SpecilkNiv lasted
Not Listed
CDHG Formula
All find.
A, of the ibic I IUD
A> ol'rhe date IIt1D
As of It, &u:
Grant,
uhhgvcd on of
ohhgnlcs new FFA
ohlig;Acs m%- FF:\
I IUD ohlomics
after N—untie,
from. Final Pair
town Foul Year_'n'S
ocw FFA from
15. 2(L2
21124 APPIc'Pr-okati
a1tiM,pltatlpnt
1'1ac31 Yew,
2025
amprrlitcuti n"
Choice -..-._....
Net, il'A
Neu Fi-A ohl,caled
14- FI'A obilgaied
Ne.t FFA
Nci:hhorhnnd,
ublirmedby.
by HUDSMoraftr
by HUD on or after
obligafalin
Lead lla Ard
HL) un lw ilia
Auglal 23, NN
Auguo 23. 2024
HUD on or
Reductinrt, and
p bra 22
Acr A.itu,l
Health. Haines
1 _U,•
,3 �II�1
Production Grants
Re mery Housing
Kew FrA
,\s of the due I IUD
A: of the tWte HI11)
\s ofthe date
Program (RHPI
ohligar.d h)
obhgme. new FFA
obliewe, tlett FFA
I11!D obllgal ,
Grants
IIUD on nr a131
frown Fiscal \'air
Front Fiscal Year 202�
m1 FFA front
Aug-12-1. 2023
204 apmit—tou'h
311prot—llwm1
I'ncnlYear
lit` 5
aplxgxruitms
W Hun other FFA
\,. FF A
Nets FFA obhinlled
N — V17A vbligatcd
IT N
except HOME,
oblgri d by
by HUD on or after
by HUD on or Aer
obligated by
I[outing Trust
HLD tag tw after
August 23. 2024
August 23.2024
HUD Lm or
Fund, and Public
rebruary 22,
after .Anr t
Rousing FFA used
23.14124
fur maintenance
projects
HOME. I lousing
\ca 1-1-A
Vcw FFA otilig sled
New FFA obligated
Vcw FFA
Trust Fund, and
obligated by
b %- HUD on of after
hx H11D un m aft x
ubli_al d h)
Public Hooting
HUDun.x alter
August 23, 2n24
AUg!lsl 23, 2024
1It. D on of
FFA used for
Augtr,l 23. 2024
aticr Augu,l
maintenance
3, -ti,,
projects
07/27/2026 City Council Agenda 249
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Phaxcd Implementathrn Schedule For ('PI) Progrants
C o, ctnd CPU Programs began appiying the IIAI' lot nlfrKtn!culre linulee1X nor cheered under a Seurat \\aivcr ti!r slxcitic materials in phase, beginning on November 15, 2022. and thfoueh F1''_II?5 This section dcscrilw� \\hen the 13:\P :kpplies to seised ifie Cuvercd CPU pfugnma, in accordance with HUD's Plu cd hatilrnx:ntatarn \li atccr.
Ira* or Steel
('PI) Program
RAP Ellecthx Date
Implementation Examples
file BAP First applied tar
this mean. CDIIG grants obligated \ is a CI)BG
funds obligated ern
grant agrecnhmt signed by I IUD on or atter
C'UHG
or after horernlxr 11,
Imemher 11, 21,22. tare subject nr the BAY.
2022, arnl that \\'ill be used
(: DBG grant, obligated via a ('DBI i grant
to pnfell:LK Ir(nl and sgci
ai,f enietlt sighed h\HUD prior ill VV\Cnlik4 15,
tor infrastruicture lro tL9s_
2022, are not tiuh tea to it., HAP.
'i le BAP will app}c to
This means RI IP grants obligated \ to a R I II' grant
RI11' itntds obligated tm ter
agreement stgncd b% I IUD on or alter Aueu,t 21.
dltgP
after :kugu>t 23. 2023. used
2103. an: m:bj tit to the BAP. A RI Ill gruel
to purchase Iran or s1ael for
ohhgated \ la a grail* agreCnleal ,Igned b\ di1:D
I
infrtb'truclure pro atits.
pror to August >_l, 21123. as toll subject to the BAP.
The BAP still apply to
Granges ilould identiN. the execution tLae hq
ES(;.
bind, Tetrad all olher
IfUD on the grant agrectlmil oraher legal
CuC,
- co\cred ('PD pnrgauus.
urarameni. 71ic HAP dlylies it, fiends obhgalcd by
HOPN'A.
except I OMF anti HIT
Hf'n on or after Febnrar) 222024.
SHOP,
oblt'•atcd tot tn' all Y
For I I(}PN':\ ewnpeuu\c grans, obligation is the
YFIRNIP.
F funary 22. 2024. used to
due the a,vard letter is si;med. IIOPNA
C'PFlEUI,
Ilurelta.e son or steel air
cpnlpellu%c grants should carp re lone tin
Section 4,
rail .:InKturc pn?imt,.
the
it, a\c,trd letter • to the Fchruaiv _ 0-4, to
Rural ('apacin•
dciernine if its grant is subject to Ole BAP.
Building,
Pro Housing:,
FF)I (alim uvity Pn?j 1 Funding Ital. a dillirent
PRICE,
nhlicatrrndctetmmauon (itantee,stxwldeon.ult
PS If,
their Congressional Ormt Officer for rrnore
I and \OFOs
infonnatnm.
1lke BAP will apply to
this mcwis HOME atxl 111I' gram; obligated via
I IObI E and I f ah hutds
smnt! agreements signed by I II.:I) tin unifier
obligated on or after
Auuusl 23. 21124, arc subject W the RAI'. A
HOME S IITF
August 21. 2024. used to
HOMF or If IF grant ohli_gatcd \ is a grant
purchase iron or meet Gir
agreement signet! by LAUD prior m August 23.
1 mtrastntdute prola'ts.
is not subject to the 8;11'.
07/27/2026 City Council Agenda 250
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C - - — — — --
\lalerials Other Than Iros or Steel
CDBC d RHP Pr rams
All Other Covered CPD Pro grains
Spceificnllc Lusted
['he HAP syill alrply w fl'2U2a
The RAP will al1tly to It' ds IT, to ail
+ Construction Materials
and sulreyoctt CDBG arid
nlltcr Cosetcd CPU prugrant,
(Non-Ferruus Metals,
RHP awards n.Rrd w purchait:
obligated on or atier August'_?. 2024.
Lumber, Composite
slxYifically listed c,mstnrciion
toed lirr the purchase uCslx:edically
Building Materials,
materials as well as to purchase
listed constnx tiro nt:aeriak as w A as
Plastic and Pols'mer
iron and steel.
uun and steel for infrastntcrire
Bascd Pipe and Tubc)
i
i
prt'i set:.
I'te BAP will arT.ly to I -V25
The RAP ++ill apply it)C all twcred
and subsequent CUD(, and
('111) program (rstepl C 1)1`16 and
- Nat Listed
RI IP :mard, used ;u purchase
Rlll'1 lomis oblirat vd on or atler
iCoaslruetion Atalrriak
not listd catatruetion materials
iugast 23-'024. usad tour the lxucluse
I
for infrutructure pruiciu.
of txtt listed cunstnkuun matcr..ds. as
i
w ell as stv-61-wally listed crmsinxtion
material, and iron and steel. for
inl''m,aructurc pn+ject,.
The HAP rill apply to FY2025
The RAP will apply to all Cos cod
and ,uh ctpK+a CI)lici :rid
CPD prrntrum Ilaxls 4 cscapt UDBG
Manufactured
R11P.mard; used ;a punhaw
and RHP) otdigaied out nratier Augur
Pntducts
m:mnlattured products as well
211, 2024. used for the purchase of
as.pecificll) lk d
mamdrturcdproduo"for
crnwlruci tom mate, ials aril trim
inriastnxture project'.
and ,Iccl. lir +n l rnr+ucl
pruµtih.
I
Apply iag the RAP and HLD N4aiscrs to CPD Programs
On x tlw HAI' .tpphcs to an mliastmcuue pu,ject. a grantee emir . Comph with the BAN, at
2. t'r:I1Le urw of Hl1D's cnaai wan ers. er
3. OMain a projccr- liecitic. waiccv to exclude the project Ir mt the BAP .As a p:rrl of i:; reconl LeCiliog. a CPD gratux ,hu:ilcl dt+cumcnt its ptocos to analytc iftle BAP U.Ppli%N [it.[ -,M0j ct using the approach below.
Step 1: True of oramecrJacill ih
Arc the lunds being a>ed 1;1+ an ntliasducwre PrujcO. as tkfined MHAHA aril explained ut thi, mNNe"
• If ycs. pax ced w step 2.
• Vito, the HAP does mu apply. The HAP only applies to infraxtructure prglecc . 07/27/2026 City Council Agenda 251
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Sfru 2: Fundine wurrr
Idendiv the ;outcei-O of dre project lmWing. incIding CCI'D limding, Hill) funding orodxT Federal agency fumling that must comply with B ARC\. Does Ilw prniM lurding ilzeimic any (.o%ernd CI'U I'rogr,.ms haul m this notice I (Note. Tlw I$AP dives ncrl apply it, fumis Owl are lur pre- or Ixra di,aaer nr cnaxrgufc) Iesponsc.l
• if ycs. aml I CU contrihutca the large;l pone vl of Federal hinds to the lrmjcct- prtkecd w ,tep i.
• Ify y. and amilm federal agency uxnrihutc Ic HLD
general waiver, based upon dw spwlk rcgmierncnns of that Nailer.
I. rgi:L, a On rimmum r.. Ittticer. Is lherr an urgem oval to innnC.liJON, c(linplcic the pnliect because of a threat to li lc, feMy. or prulxrty of rc: ndenle and the aannmmty'! • I f ycs. the Lxigc it Circumstance. Waiver nary apply. and tlrc Bowel would mat he suhimrt In the HAP.
2. M' 110on1i\. 5'fall Gvw jl'. and .11mur CutykNre•n:x 11"mcf. . Is the total cost of the project equal to or 1 •s; than S250.[XXY!
• If yes. Ile /A d/bdmis, Small Grants. and Slinor ('ornixmcnls Wal,cr may apply, aml the protect Would mx be euhjcci to the BAP.
07/27/2026 City Council Agenda 252
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C OR
This Naiver tarn be applied to a Ixation ol'the pro(lncts used in an in;mi'tnreturc project if the cutmdadve cmt of Nls-, prl ducts d(x� not etccvd live percQll of ilia t(a:d LLKL ul cukend I)IkXk I5 uSW in the prolecf (up lu $1 million).
• In that case, the BAP would be \%awed riv lxrrt otthe- project. but the rest oI the pmjea \kauW still nerd to cont{sly with the BAP.
i"Whrl ReLlpirnit Ilatwe Is the pntjclt hcing titntled hya'IribaI rtipicaf! is II yos. the Tribal R,"piettts W as%er may apply, and the prorw "CUM txlt be sttbicel In the RAP I I his t, rare for ('PD ins. )
is If tro to ticnerd Waiter questions 1. 2. and I. proceed at Step 6.
Step 6: I"mimit-Wteciflc Nalkyn
ConaHler the criteria for kkjj% Yrs. Prnlee'I-spe alto Nat\er, to d1c RAP may he available il'il is tk-wimmed that a Naicer falls into one of the folkm ing three categories: 1) Willett applying the dumc tic content Immurement prclercmc e\ewld be incomwern N ith the public interest 2) when apes of iron Steel. manufiwltird pnxlLat ur conatructwn material-, are not produced in the Umied States in kul'lieient and rcas(xuabh available quantities ornfa satuGx:ton quality. m,) \there Ihl ❑K:In,HX1 t!f Iktus: prttdul'b attJ n:atenals \\ dl ttarrasc lie cost ut the uvcrull pr*LI by more (hall 25 N-Mont. Proijw-sp"ife Natvus err' available to a limited. GKc-by-Liose h is after I IUD's consultation and re\iew with OMB's MIAO, I WiXdd appiving the IMP to the prolmi be Inconsislcnt Nrth the public interest'' • [f yCc. a pr ject-specific \vai%o utay be consideral.
2. Are the plw, of iron. :rtl, ❑rarultiwitired pnxhris. or ennstnimon nuoma6 wi"I in the project no, prtxluced in dye t Inue(I Slate, tit Sutficient and r"a enable available quantities or of a catistactotp ytcrlm"
• Il 1'e:'. a pnol tit-specltie Nat\'er may Like con,i(lercd.
7. Wocild the inclusion of iwn. Steel, lmmulacturcd prtOwts. or cim Ir lion materials produud in dye United Slaw, increase file cull of the uv Lrall project by rxtrc than 25 )anent"
• it ya. a protect-specife Nai\ err may be co o,iderd.
• If no to PlojeLt s(x'Lllic waiver questions I.'-. and .i, the I'l \P likely applies to tlx:
project and the project Shi,aki comply with the rquircne:ns of the HAP.
Grantee., slHould euusult the OVUM\ utthls Nome ark! nter<opplicahlc BABA quid wcc Itclitrc making a detl'rtninalion Lilt RAP appliad\ililg to a sJxcirtc pryclt_ (itaitico should reach (Hu Io their Imal CPD Geld office if they roluirL a(Witiontd a si.lance \\ uh dctemtining 13Ap applicthilit).
07/27/2026 City Council Agenda 253
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C Federal Gmernmenl-aide Guidance on Project/Product-Specific Waiters Un&r Section 70914(b). RARA Ill luws it Federal agency, such as I IUD. to ,vuivc the RAP for Oo CTed FFA in three instances: 1) w hen applving the domestic content procurement pre laren ce would he inconsistent with the public interest. 2) when hpcs of trun, st-eI, in,mufaLtured poxluct of cunshuetiuu ntateriak are col pmxlucd in the United Slates in StfTiCient and reasonA15a%allable quarititiv.% at oI a satisficlon 4twhiv, tit ;) where the Irxlusnu, of these products and materiak wll mcrca. e the cost ul the uverull projecl by more thin it percent. To dire. Federal agencies tin how In implem.ml this waiver process. 0%111 ssued vutdancc ;hat I IUD will follow vfwn revle,, ing a tvak cr Icquesl (Font a LTD wrmtec.
According to C)MR, agetwics may reject or grant uai%cry in whole or in part. When art agency is considering a waivcv, it should, it, the grcmet e%wm possible- be issued al the project level and he pnxluct yFwciiic When that js not pnssibie. an agerwy may isune a broader wm,er- The agemy should follow three principles Lwli-rc issuing any lype of wailer:
I ) The "jiver may be lute-lintitd. meaning it is iw.etl lima certain period ol'linty. rather than fix a specify project. For example. it time -limiter) ma) apply when an lien, that Is "rtnnavailahle" is widely used In lmojects furt&d b) a parLcular progrnn 2) The waiver should he tinucigi.l. ure.Inurg it should only apply it, specific itcmts). prtxh ct(sl, or matcrial(s) ur catcgoty —) nCiietnts). pr(xluegs). or rnatcrial(s). i) The waiver ntav be condaimial with conditions that suppxmt the policies of RARA.
OMB ttuJancc outlined the waiver review process for agencie-, to follow More issuing a wai er. Rased on fills _uidance. Hi ID is dcvcloping its Department -wide project-spccific waiter pmeess. For HUD In aoosider a project nr prrxiuet-specilic "nicer it must:
• I lave a doailtdt justification for the use of gootis. prrx imi. or ncmerials mined. produced. or manufactur d outside the Lnit d States
• A certification that Oruro was a gout jiith et7or to solicit hid., for domestic pnxlucls suppond by leans included in requests for proposals, contracts, and nonpn,pnetary rnmttnnmcatir>ns w IIh p otemial sorphers.
hr addition. at a minimum and It, the greaten esrcnt practicable, cxh pnµxxJ waiver submitted fire conskler lion by the MIAO should nnlude the follou�ing iitfbnnauon. as applicable:
Waker type Otonm ailabilily. unreasonable cost. or public interest). (tecipiemtt mourn: and Cniytnc Fnliw IJcrttiticr (ULI).
I'denal awarding agemey nrgani�:uion:d infimrwtion (cage. Cmnnum tiu,ernnent- witk- Accmuting Classification IC'GACI Agcney Code)
ittancial assistance listing name and number
l edeial financial assistance program name
1'Acrd Award IJemiticat) m jointer (FAIN) tifavailable). 1-cdcral Iilunncia! tssistarcc funding amount.
07/27/2026 City Council Agenda 254
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C T\tal emint:uxd nifnsanwitirc cspelaliturro, including JII FcdetJl and nun-Fedcral fund, (m llte extent k Imw n I.
c Inllm,mmure pmjmi description and location (to the extent krx,s\'r.l.
List ofiron of steel iwirc(s), manul;tctured product:, and constntcural i atcrialts) pmpclsed to be excepted froth Huy /%otcnea uxluire1m"s, including name. coti- L cotmtr}(ieo) nl origin tit known), and rele\am PSC and NAICS code li,r each.
A 1K ikiLion that tlx: Federal official ur assistattc recipient In xk., .i od Faith crier In albeit bids rnr dimtstic puxducls supporietl by tcmli inct led :n nquc,(s for px!iposd+, comracls, :roll nanproprictary c!lmmunic:nionssuith lire prince contractor.
.- :\ ,l:uancnt ui w;tiveriusliliGuiun, including a d\tx:ripliun ol'elruns music (ag.- naukcl research, induslr outr♦-ach). by the Federal awarding agency and. and in lit Cane ofa project or J\tard spmiiic waiver, b\ 1he rctipicnt, in an alt •mpl In avoid Ito n-ml Inc it wad\iK. Such alnsililcal4)n nlatl cite. if jppheablc, the absence of:sly Buy Aino mi-concl,ham hldx re'Ceiv exl in response t1 3 M11161a1:Un.
Aniicipued iinihm if no 1\aivef a issued.
%n) relevant co nmemi recciml through the public coomwnt Ntiod. the pugxnc of the nforotalum is to cnsurc Thal I IUD his adco11AW 1Noromliou to perlorri due ding,11ce, that WAO his su111clLot ud'orma,ion In determine w•hethct the pWOP.iwd wJi\er a] consistent with law and policy, and deal >1111iCient ilikNo Jtiun is JutilablC fix public re\ kW Infim,cnirm Im)%kkcl lie public nwiew• shield help intelvstnl rnanut'Jclurer, gaugr the demand for lnoducts for which agencies arc consiekring wan ing a Ruy Amcrica picf •rncc ()ate I IUD has re\ icwcd all required intimn.ui(m, it will norl'y OMR's MIAO. The purp,osc of this consultation is for the MIAO to identify any opplmunities ka wucture the wai\cr to ntaximiie iha lose of 1:o111ts, producls, and malenals produced in lite (Jmfed Slates In the greatest extent possible consistent will, law. Following this consullxu on with KIIAO, IIUD is requited to post llic proposed waiver on its RAIIA websnc w-ilh it demicd wntim e\planalixm nl' the proposed determination to issue the waiver and rout pro\ ide At least 15 clays tin public cumnte»f General applicability wai\crs require a minimum 30 tla\ public comment period.
Onec III, public c!m;:nenl txn.xl end,,, IIUD will submit the proposed \\ai\cr to MI,\0 to lktcmline if the wat\1T 11 Consistent with applicable I:Iw am poi,c)'. ncc MIAU will lrulif) the agency of ila dcter»ioalion of the proposed waiver. Only after this pnlecss has bet" coutpletud mar the IIUD issue the waiver.
Applying; for a HUD Specific N%Aittr
Prior to socking a waiver, grunlexs should (lefermirt Wand how HARA applies and lidhnc mca,ure, to maaimirr compliantc \t:th the RAP based on the aho\e this tint. I IUD's RARA waiver pnccss is as liilkms:
1. Contio CPI MAIIA11,h aLLo\ I;n It:\It.\ i:,hntcJl a 1111-1 tc as nc tied- _. I'rgcu-: a "lieul r lrn •ru• r Nov I n,rril a II'dinv lfr�Nrt+!' w ifh llt m6mnalion rcquirad lit the M I AO.
07/27/2026 City Council Agenda 255
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Suhmii :, ,+:tat .-r application ,,th all nec•c,..:u inlimn;uina h. I It.1)al I lnil d.\ I, ica I I,, I A mm.: dt. hwi.r+rn .
• I It:U n dunnnl} usine email while an aul.lm.a,tl pul:o, n c:xlet Jo l.gmn'nt Prot ok• xkinnra! ud6m:auun as rcolue,ted Iw I It 11) dunn}t the rn icier ptnec„ it, pwCeed ,I public c+nunlent in 11W Fedeal Ragiaet. and lin..d appio%id h\. MIA( I.
I I( I I ref ir.,, wafter, t+clitrc Iltet arc Pot-ted to file i cdotal Reyi,lcr Gtr puithe:unnncnl and>.-m xt die VlAO for anim, ai. It appro\cd. the waiter i, po,tcd on \l:t.kln \nuns:. eo,
CPD Cranfcee Rceci,ing Fund, front Ntultiplc Federal Agencies For CPT) grantee, that recatve fund, tmnf multiple Ferkral agenda. titran iniraaruCturc project. the Federal agency e%miributing file greatest amount ofcu,-cred FFA for the proect "ill In: constdocd the --Cacniranf Agetxy for \lathe in America "accarding to OMH Ciuittatcc. This lead agent) 4ukuld take r�lxnuihdns fin ctwrdinaune with Ilia other Fuldal atrarding agencies.
Such nxrrdinaGon w ill pro\ ide unitinrn watt cr criteria and idjudic:amn rrtice,scs. unninfiz:
duplicative cfFons among Federal agerwic, and reduce hurdens on recipients. The Co nir:mt Agency fot Made III America s[fall be responsible torcunsulling w ith the other Federal cmardmg agettcics. publicizing the prnrnxdjninl wan cr, aid suhntitting the proptned pint waiver Cur re, 16,- Itt MIAO.
('PD Record Keeping Requirements
To comply with BABA, the HAP rnua be included in the fcnm and cunditiom of all fetleral awards including tibawards. axttmns. and rtm'hase orders for the work perfunned tar rt Lu;Ls ,ulptiietl for inliasuucuuc IxujccL. C'I'D yrameco sllotdd d.101111 11 dx pftkes w unalcic rf the BAI' applic-, to it project using the apt+ruxh in this \mice and collco rccerd, to den ms-li ate compliance w all BAFIA mgr11re1lnertL. Rectirds .Ixnikl be cimmmemf with eOaing rCC,nde W-1101I11111 myuinnfcnts fur oxtch of the Cut aCd CPU rrugranu. if Iho:rc arc no CPD prorrmr-sracilic recm& rcgUlrYlf ant , the CPI) mintec tm\ folllnt'Yelentwin requinancrits for imon s.' under 2 CFR F 2(K).334 as applicable to Federal grams.
IICID will is uc guidance about reporting on BABA required :wfiN itics under'_-i ( FR gl.320, at a later date At this time, ('111) ri working a) include the BAP into it. cti:ung CPD zysie ns (hot guiled Diahursencnt and Information System. Disaster Recovery Grant Reporting S)stem I for grmte i to generate reports to track progrces and compliance ash HAIM Additional details on record kccpine rcqulrcmdtts will Ile determined b)111:1) and shared with CPU glances as it is a, ailablc.
Contact Information
( irantecs that her questkwis on this Notice should contact their msigned IIUD Field Otlice Rcprex-nlative or end their nyuc: i doccily to CPDITAILAtrrhudd.gur CPD Field OlTtcci stmid direct intpfirics and connmcnls it. their progfum deNk o0icer. 07/27/2026 City Council Agenda 256
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Addendum I
Frryucnth \skedQtw'Ii(.m
General
1. N hat is NABA? What Is the `Hai America Prererenco"t the Build An"ca. Buy AmLnca (BABA) rot wa enacted (in NoyunbcT 15. 2021. as part of the hlfrestructutc Ins ouixau and luln Aei 0UA) tPub. L. No. 1 17-iv) Aker knoryn ae the Irilmnisan Infnsincture I.:m. BABA eswblialxa a doin Ntic content procurcvncrrt prcicrarcc known a the "Buy America PrO',rcnec" (BAP) for Federal inhastntet u:
:pending. the BAP requires that all into- sled, manufactured prrxlucts. aril consuvciirat materials used in infrastructure pnrjectc fnndL%I with Federal financial assistancc must (x ptuduccd in the United States.
2. m hat t),-pes ur Federal tinareial assistance (FFA) are subject to the BAP? FFA subject to BABA ilshales all s-apcixlitures by a Federal agency ton non -Federal entity for an intnstntctnrc prcgsL including grants, c,x4Kratir c ag emicnit, non -cash curunbutions or tpxwti u, of prq+ert%,. direct assmance. leans, ken kmarantces. and oticr types of financial assistance.
3. What projects or activities does the BAP apply to'!
The BAP applies to the iron, steel, conar ction matenak, and manufactured Ixalucts used in Infrasmtcn¢e prolects funded by re demi financial assistance (FI-A). ak•Ich includes cuycrcd materials and cuoered acli. itw%, Infnstn:cture pmjecns inelu<k constnretion. aitcration, maintenance. ex reps» r ul"my infrastruen a in the United States as defined in the nest partgratih and in the Definiuexts section ofthis Notice.
The tens "inl'nstroemre" includes the uructwes- Iicihues. and equipmeol lie projects traditionally constdcred intiaamcture. includmg building, and real property. For CPO Programs. this nwy include, but is not limited to, certain f aiding for. • wad ;awl sideaalk impn+yarwnl puuiccts:
• water, sewer, and uher utility pn)jcxas:
• breadhand irtliU%(n4:1Un%
• housing constrnown and rehabilitation:
• community facility construction and reimbditattow
• hsmtwlc-sa shell r cunmructwn and rehzbtliunion:
• mid other ('PD-finked acliyities that are defined as Ilth'a Ktn/elllre accordnnl_, to BABA lsaltiem'10912(51).
07/27/2026 City Council Agenda 257
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C J. What materials Jots the BAP •apply In
The HAP r �yuires that all iron, steel, manufacmi-ed pn+Jwts. tuld conwixtion malmal, tiled in infmsinicture projects fitindcd with Fedctal tinarxial assistiuxe must he prmitimi in the United Swic,.
g What does -produced in the I ,iced Slates" mean kit materials to whkh the RAP applic,?
The iron "prxluo:ed in the t Mitcd State i-t.J. means:
• in the case of inin or .,tecl pniJucl, . ticn all mmufacturing processes. fnnn the initial melting aagc through the application. ofcoatmp, occurred in the United States. • m the ca,c• of Ilwnillactuied pfUJims that:
the product "as manulactuted in the United SGtwe . and
the call ul':uin{+nxnts nlllx nwnuLleu/red pnxhxt chat are min d Produced, m mamd'acturcd in the Untied Sul- is greater shad ji percent of the will coda of all comrtixnt, ol'the manta itetured prodwi. unless another maod:ud Owl its L or l.\l YY1} ihn a ildard has hccn established uimkn applicable- btu or rkgut:niun htr detenniti n, the mntimmn amount of dtmxstic comem of the mantifimurerl pimiut: and
• in the case of cunstniclitm owlerials. dwl all manufacturing prcxc»es for the emuinctiat material mcutmd in the United Slates.
fPD t'rvlyrule .Sjxrifir
6. N hich CPO programs are subject lu the RAP?
An% CPD plum im that can he tv cd for lit: pulptiw of infrtsinxturc as Jetiiml 1» RARA The,c program, are cfm.idrrcd C'o,cmd CPD puigtams.
1. Which CPD fund\ or programs areAVIwbiect to the RAP? the RAP dtxs ton apply ro Fctkral tunes fur "pre and pusi disaster or rnl:reaxy rcyloree" according to BABA. 1 hcrcftirc, at the lime of ptibhcation uflhis notice. tt•e RAP skies Iwt apply to the follo,rine CI'U IuriJs orpmgmins due achirinisterdiwlster elated I'i�:1:
('omntunity Ix%clonnww Block Grant Disaster Recaicry Furxls (IDRG-DR) • Community ik,clonincnt Rluck Brant Miligation 1CDltCi-MM • Cunxnaniry Ik:elupmenl Liluek Gram National Di.,aswr Rc•,ilienee Competition (('DRG-NDR)
• Cunununit\ Dewlapawnt Bkxk Giant CARFS Act
• Ntwsing Oplwnlutitte, lair Persons With AIDS ('ARFS Act IHOP\\'Ad'\') • 1-mergenq Solutions f-drams C"ARF%, Act (F.SG-C V i
The ('unnl tality (onipa,s I COM!cal Asm ance program is al,o exchxkd faun t1w HAP as the Program tote, nin fund any ai\caYi infosirucwte wmitba. 07/27/2026 City Council Agenda 258
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C R. I am funding a project with CDRG I'un(is that Vera ahligated li.e., the grant agreenivnt was signed h} HUD) Warr Yoemhcr IS 2022. Does the R.1P tppl.0 No. the DAP flocs not apply to I H1U funds that were oibligawd heliae \r.cmher 113. 21122.
IIIU tlelims the 4iie ul'ohlivation as th.: dat: that I ICI) Biped the aer vmt ml with ills g'rinlec. The IIAP will apply Ill C I)B(l livid} llsed tar trout or siccl that were ohligalcd till or after N—cinb r I i. 2022
Thor. is an ❑tklitional consideration. If FY funds Iur which HAHA applies arc mlllyd In this infrasl rut the proicnl. IIAHA then IN ill apply to the entire paiiccl.
9. 1 ant a grantee funding a project with CDRG ravel that were obligated (i e.. the grant a-grecntcnt was signed by HUD) on or after \osemtrrr 15. 2022. Darr the RAP apph" I i t',-,c CDTIG hints used in your iniiasiniclure proiso were ehhgawd on ur ali t Nmemher
15. 2022, the DAP will apply to all iron Or sicel used in ill: fu jcel, unless it waiver .applic, to the pnjstl. Wiliest: BABA finds are a10iiied 10 an emit%1l'Ll"Vre project %hat tkies oft hin c a IIAP. the addition of dies- tunels will allaeh B.ARA to the entire project. BABA would ;lpply as tkscrdntd in IlljWs I'tlaset: Implanctralion %V;mer unless 11"re is a project-alx'cifc w':tivcr amwtned h% Ili: \IIAO.
10. 1 am funding a public facilities project with total FF \ of $21500.000. N0110K) of ('DRG funds are heing used for engineering and administration fccr of a project.
Other federal funding will Wt) for the remaining construction aclisilics_ Is the It V applicahk to this project?
1"es, the ford project cot is over b240 O(at and flee fmllect is conatmction ofan uifrnstructurelmiieet. The lot -it cost of a prolto must not exceed S250,M) from all caluce, m quality liir aft exemptiuu nl tlx R.AI' under HI IU's central waver fur small Fsmlvels.
Docamenfutinn and Grant Management
11. Does the RAP apply to suhrrcipients or contractors? lit nxhi case... vex. the HAP requirements .imy to suhgnntees. Including. suhrreipients, contractor;, .uttl des elsgietn who arc award d Fed rill financial assistancc tier us: in public intiasimmir: projccfs. The BAP requircincnts apply to all FFA and do not di_.ti;lguish hem cell the end user of the frshval t;cuis. the HAP applies as Tong as The fitndmg is der: ed tinrn a Fsderal agency, elan ifilicy are a pass -though entity unless a particular section of the tcna> and conditions of the Fee:et-d :marl cpeciticalhy indicates nthcrwi>c. 07/27/2026 City Council Agenda 259
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Q. Is there standard language grantees earl include ill subrtditienrbid contract documents?
Gr nicv, sMndei include the RARA Imtguage Ihwl their greuti agrcimu:nt in am utbrtcipicnl and hw1 eontr d doconacros to cnwnc RARA compliance by whrecipients. tkvclopirs mid'or taattraciors Please refer ni Addendum } fibr the langu:tic used in (-•1'f) gram agrecnent..
IlWrery
13. Are therr am waisrrs available for the
There are currently, faurgeneral ipplicalrifit) sraisers in edict lirr HI D prugiamu that apple to CPD prourarrts: I I phased lniphnnenmLion Wan er, 21 Exigent Cireumstanecs Wair er, 31 Ik• Miniam,. Small Cram,. mui Minor Components, Waiver. and 41 Tril'iid Rwpicnrs Waiver. The details of each of these waiters tan be fwnd in Section I V ,A dii, Notice. tv lw visititt-, HUD'> H AHA %kcbmic to we Ile ia:cst availahlc HIM waivers at:
hitr cl luha. Waiver. a. diet arc aptmivcd
by i1w 1,11A0. will be updated or: lei?D's wehsite.
14. Will there he project or product sptrifr wahers ufthe HAP? III addition w HUD', general Aai%er,. HUD may alw grant -pn>iect-pecitic" wan er, Iran r1w HAP 11w crivered FFA on a limited. tire -by -caw- basis. after cote ultauon and n 'iesc with the MIAO at OMB. I II:D may isua a tlarject•specitce waiter ro the R:1P if it is rlerennincd drain svancr 1411% into one of dtc following terse Categories: I 1 that applying the domestic contnt ptritaremem prctcrence uonld he irio wsi,tent with the public int •Nsl, 2) when types of iron, steel. cream(ctured product or consimction material, aremil pmthrced in the United States in wilicieni and rcasorrably available quantities or of a satislhcior% griahty, or .S I where the inchrcici n of Ihoce prixlucts and materials will increase [lie gist of the overall prujcit by more than 2 y petueni. A uanvs t6r a aecific prnwYt may tar)' dcpcndlmg UptM1 ile Clrett111Stltlei] OI Ilie projtct, :urd ytailic items, pnnluc;>. or male. ials in que%tion, HUD is ciureatly ski ehpning tit pence, s rhrauuh whiih a graluee may request a unit er. More intimilaion will he matle atailabic once that poxes is developed.
07/27/2026 City Council Agenda 260
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Addendum 2
Examples of RAP for CPI) Pronroms
This apperklrx pruvidc5 a xaectiun ofilluetralive cxinnplc% to assi%t,grantees in dc:lcnnining iI'IIK FiAP applics to their prujctl%.
Example 1: A grantee limds a water and ie• cr ltrnittt containing :nm and steel The pros tit Is limdci using Sl million in FY23 C DIif i funding. The total Fedcral linawal .>Islanev iiu the ptoj:ct !s S3 nnlliori.
The RAP a pplics 10 this prujecl bco:;usse it is it C 1)13G prujcet usmg linntling ohlig;ucd at or:di:•r Kutelnber 15.21122, the pruyvi contains iron or%tevl. aril the total cord Write lottieel is creaicr 0.of, lit., .ilnplilial nhir.hnld at 2 CTR 'IMt 1 "tench is ctarcnd. �'_?ll. u1Mi Example 2: A grantee liulds a watcr:uat .cues prgleci containing inn and steal. The project is limded using SI(NI. M, in F12 i C•DRG iLncling. The towl Federal financial :usintancc lio the plujcct i. S2 million.
Fhe HAP appiics to this project because it is a CUHG louject using fiatding obligated on or alter Kovoynbcr 15, 2022. the Prujal contains iron of sla,l, and lite total IXKt oI Elk' proj"I is greater Elgin S25001().
Example 3: A ltaluoluong j sindiclion cownintacs $2 ntillioa ill I I049F. lookis Jill ctn:sullcllun of a nrtllii.unit residential building. which ittclnti -� iron (K slivl. The Illnds are ohhgated h4' IJUT) ott July 15. 2021
The ISAP ehx^s r.9 It"1% to this prgiect hekii-c the HAP a Ill rill apply to I KY1IF: hinds used lilt rttltt ur .Iecl unlit Augwr 21 2023,
Example J: A Panicipating jlrrisdiccott ccninbuies $2 million in 11011E find, lio the calslnictiorl oCa n1u1u-unil R9itdClllial building. using iron or steel, The funds are ohfipit d by IRTr) after August 23. 2024.
The HAP alytlic% to this Projxvt hreaucc the pntµlt include% inn or slat. the total coa of Elie ploject is gre;oLl-t gal 42MMMMJ. and the pnojca:t tgxs IIOMF funds obligated aller the Snit on which the HAP begins io apply it, I ICI11F fund% used for iron or .1 el.
Example 5; A granlcc funds acquisition 111 land using S.14x).olltt Ill Rmovcr) lousing Pn'It LI;I'll (14I11,1 funds Ihat were obligated on Squenlhcr 1. 2023 The wquisiltort is pan ol'a multil7nnily hnu:irlg cnstntetitn Prclje.:t containing iron or stod.
The BAP algtlics lxvauw the Ptulmse of tlsc Iuttding is a ctnerml aalixity leonanrelignl that ituhxdes irtm (K acvl. The total cast ul the Pwjecl from all %ources is greater titan S250SAX) and llx fund, :are nhlig:nal after die dale lm which the RAP vPlias o let IP lands used litr inn or sleel- 07/27/2026 City Council Agenda 261
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C F.tample 6: A grantee pncha,e, it fire engim M101 trill ctve a l(m- tu-mtKktatc-u a•tte neightxnhuud. The gautttc, ntil5 S31N ON) in Fi ', ( DIN', funding Or the purcha . the fbV' ik,,+ nml apply Iecau,e the 1ltrxiing i, nut u,ed for it cu, Lwd :tcYiaily Ictmslructttm- altcrruon. tnainlenimc. or rep:ur) lur ,tn infrastructure project F%ample 7: A F'runlce Lis , t 4(Ni (Kl0 in Rao,cry Auu,ing Program I Rill')1'wttl: to rehabilil.-ac a mtdti-unit re.,itlentuf building. usm,! iron or sicel I'hc limd, are uhlyatal by i WO after Aug�ra 21. 21)s-1
The RAIL applie, to thi, project because it u,,, iron or,hcl. the maf cost of the prujw t, greater Ihm S'_?t),INN). and the pruj d ox, RI Ill finding that is obligated alter the date an which the RAP hegins to Anfly w RIIP finds usal Ibr iron nr steel fAugua 2K 211211. 07/27/2026 City Council Agenda 262
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Addendum 3
Sample B.%H A Language in Grant Agreements
The language belowis included in all t'i'D program NOFfh and gram agreements. Bandar to "thee crass culling requirements, gramces 4ould include :he followmc BAIJA Lmguagc in all comracts :end agtcentents with xtbrccipicnts, cmaractun, developers and suhmtniecs Gr nwes and suhrccrpwnts shmdd include thi> hm¢uaee in any NOFOi and procuremcni. bid contract dtmmmnb to ensure HAHA annp1mmc by .uhgrantees, devrlopcns and'or cumnteturs The Grantee must cumply with the mquirments of the Build America. flu) America (BABA) Act. 11 US+_' R ill I ntwc, and all applicable ndci and notieci, as may be antendcsl, irapplicithlc to the (iranlec'i inrnomwitua prolect. Ptusuant In IIUIYs Nolicc. ..Public hnctcst l'hascd Implcmtnimmn Waiver fir FY 21122 and 202: of Buih1 Awma.
Buy America Prttviaonx as Applied to Recipwrus urI IBU Federal Financial Mosiance" (uh FR 171)(111.:my tinkle ohli__:led by FIUU on ur allui the applicable limed etlective date> are stthjeci to BABA regwrentenls. unless excepted by a wirer. 07/27/2026 City Council Agenda 263
Docusign Envelope ID: B085BOBC-1ABF-BA30-81EA-CD228F25144C
LABOR COMPLIANCE REQUIREMENTS
Project Bidding
Borrower, Prime Contractor. Subcontractor, and every Sub -Tier contractor shall include this CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (Attachment D) in all bid documents for Prime Contrador(s), Subconlractor(s) and every Sub -Tier contractur(s) and must clearly state the appropriate cievarkng wage rate(s) (i.e , Federal Slate. commercial and/or residential and the dale of the appropnate wage srl•,edule) for the proiect(s).
Construction
Borrower. Prime Contractor. Subcontractor, and every Sub -Tier contractor shall include the Davis BacoruCalifornia LABOR COMPLIANCE CONTRACT ADDENDUM (OBICA LCCA) attachment and must dearly state the appropriate prevailing wage rate(s) (i.e.. Federal, Slate. commercial andlor residential and the date of the appropriate wage schedule) for the project(s) in every executed agreement lie.. contract, purchase order. on -call. etc.) on the prolecl(s).
2. Borrower shall ensure trial Ilte Prime Contractor• prior to accepting prospec:tve Subcenlraclor(s) oid(s; and any Subcontractor accepting prospective k wer tier Sub-contractor(s) brd(s), has confirmed that each Subcontracor's and lower tier Si,Dcontractor bid is based at the appropriate prevailing wage fates) and the correct job classifications for the work to be performed on the proiect(s) under the subcontract
3. Prime Contractor, Subcontractor, and every lower tier Subcontractor shall maintain copies o` their executed cortract(s) for the project(s) and shall provide to CDH a copy of such execulod contracts) upon, request within no more than three (3) tusiness days.
4. Prior to construction start. COH wilt conduct a mandatory Labor Conipliarce Pre -Construction Meeung(si.
Prime Contractor, Subcontrado-, and every lower tier Subcontractor workirg on the proiect(s) shall have, in attendance from heir office, a representative responsible for managing the duties of prevailing wage lax.- compliance Items to be discussed include, but are not laniled to, Federa: and Slate labor law requirements applicable to the project(s). preva:8ng wage repuirernenls, respec,ve record-keepirg responsibi ubes. the requirement for submittal of certified payroll records to CDH. compliance decumems and the proNbit:on against discrimination in employment. required signage. sign -gin sheetsldaily logs. contract language. WMBE reporting, employee repont4tg, possible audits, etc. The meeting will be canceled and rescheduled if Prime Contractor, Subcontractor. andfor every lower he Subconl.-actor wrrkmg on the protecl(s) representative responsible for managing the duties of prevailing wage later compliance fait to attend the meeting unless ault-orized to do so by COH ,n writing prior to the meeting S Prime Contractor shall maintain at praed site(s) daily log/sign-in sheets. Daily log/sign-in sheets shall be separated by company. Sheets shall be written in English and Spanish (arid other languages, as appropriate) and shall include CDH and any project labor consultant name and phone number of the current wage monitor, for any worker to contactif there are any questions or cencerns abou: their wages or any other concerns about the project. Prime Contractor shall enforce that all workers employed on site must ssgn in at the ;ob site daily Including lure -in, time -cut and lunch period (including any appl,cab:e travel lmte to and from proved sit(t). The workers must identify (he Prime Contractor, Subcontractor and any lower tier Subcontractor for whom fhcy are working and their too classrBcahon Dai`,y tdgr'sign-,n sheets shall be en•ailed to CDH no more than seven (7) days from the end of the scheduled project walk week. if requested in writing by COH, Prime Contracor shall provide to CDH any requested daily logisign-in sheet copies within no more than three (3) business days of request. Workers who are subjecl to split -classifications during their tax of duty on the pruject(s) site shall edit the daily 'cglsign- , sheets an days worker dut,es triggered spill-dassificatiers assignment to reflect their actual hours worked n each classification.
07/27/2026 City Council Agenda 264
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C 6 Prime Contractor. Subcontractor, and every ovver tier Subcontractor shall complete in its en!;rely a Project ID Card for each worker employed on the worksile of the prohject(s). The Project ID Card shall oe completed within five (5) days o` execution of conlract award for projects) or before worker(s) begins employment on the prn;ecf(s) site. The Project ID Card template shall be downloaded frrm LCPtracker Prime Contractor. Subcontractor, and every lower tier Subcontractor may use an equivalent Protect ID form :f approved oy CDH n advance and ir•. writing Prime Contractor Subcontractor, and every lower tier Subcontractor shall be responsible for furnishing and requiring each worker empoyed orh the worksite to have in possession andlor display such identification card as may be approved and directed by CDH or its des:gnee. Any vrorker(s) employed on project(s) site found to be without their Project ID Card may be removed from site unlit Project ID Card is restored. Any Prime Conlractor. Subcontractor. and every :over ber Subcontractor whin falsifies information on a Project 10 Card and'or knowingly reports mcorrecl information regarding a worker employed on project(s) site shal be dismissed and removed from the project and barred from conducting further business on the, project. Workers need to consider wearing heavy duty ID card ho!derz, as they work in extremely physical onvircnmerits.
7. CDH andror ills designee shall conduct employee interviews and Prime Contractor, Subcontractor and every lower ber Subcontractor agrees to have their employees interviewed (or the purposes of prevailing wage compiarce. Employee interviews should be cordurted at a frequency and number sufficient to establish the degree of adequacy and accuracy of the CPR, and the nature aril extent of any vio!abons They should also be representative of all clnssilimihons of employees on fne project. (29 CFR 5 6 (a) 0)) h,. doubtful compliance situations. interviews with former empbyees may be appropriate. Employee interviews are intended to be private from their employer and Prime Contractor agrees atow CDH andler its designee to conduct such interviews. Each employee should be inlimrned that tho irfovration given is corfdertiat, and that his/her ideality will not be disclosed to the employer wttteul the rfrnployee's written permission CDH and+er its designee shall cerduct at least one set of wage interviews with a representative group of •workers during the project constnictwn (PViRB 2013. investigative Procedures Under Davis Bacon Related AcltContract Work Hours and Safely Standards Act) CDH aftdfor its designee must conduct additional interviews if there is any reason to suspect a Contractor or their Subcontractor is at risk for vrolaurg wage requirements As provided in 29 CFR 5.6(a)(5). all interviews must be conducted in confidence.
8. As permuted by Department of Labor. HUD. projects subje7 to DBRA and Tille 8. section 1E404 of the California Cede of Regu!allons, al!ows Prime Contractor. Subcontractor and every lower tier Subcontractor to submit a weekly CPR electronx-aiy Prime Contractor, Subcontractor, and every lower tier Subcontractor agrees to use LCPtracker and Oat submit weekly CPR's as required during thee term of corslruction on the pfulcci(s) LCPtracker is a web -based software CDH utilizes to collect. verify and manage prowailing wage certified payrolls and related labor corilphance documenlabon Prime Contractor, Subcontractor and every Sub -Tier shall submit. via electronic submission. documents as required by CDH• which may include, but is not limited to Certified Payroll. Records (CPR)s.
Statements of Compliance and other required documents. Prime Contractor. Subcontrator and every Sub -Tier and•`ar their designee shall sign the E(Efectronic)-Signature Authorization Agreement, which must be, notanzed •vdtn ar. -AcknowletdgmenC, and establish a Personal Identiliraton Number (PIN). on LCPtracker Prime Contractor Subcortraclor and every Sub -Ter will electrnnicafly sign, by use at their established PIN, ail documents requiring a signature that are suomitted to CDH va LCPtracker. Prime Contractor. Subcontractor and every lower tier Subcontractor agree that their PIN, once established cc LCPtracker constitutes thou electronic signature and understards that any information and docu+news suomitted using their PIN is eieclronicaily cerlfinng lbeir signature. Prime Contractor Subcontractor end every laver tier Subcontractor understand that they are legally boundoNigated, and responsible by use of tneir Pftelectron c signature as much as would be by their handwritten signature.
9. To mac: labor cornpliarce requirements. CDH requires teal each Prime contractor, Sulhccntraclor and every lower tier Subcontractor agrees to compiele and submit all required crDecuments on LCPtracker 07/27/2026 City Council Agenda 265
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Aft eDocuments are accessed, submilteC and approved through LCPtracker All eDacuments are submitted through CDH's Online Certified Payroll System using a PIN. If requested in writing by CDH, Prime Contractor, Subcontractor, and every o•.ver tier Subcontractor shall provide to CDFI any additional requested compliance docaimentahon withn no more than three (3) business days of request.
One of the documents that will cc; required to be uploaded in LCPtracker as part of the eDocuments, ors a City business license or a letter staling the reasons why ne business license is required All contractors performing work on a protect site located within an incorporated city must possess or obtain that city's business license. However.:r. ltne project is .ocated n an unincorporated area of the County, and the contractor s Dusiness :s located in an incorporated city. the contractor must possess or obtain a business license wahin the city where their business is located An exception to the business ficerse requirement will be aA leder explaining the exception to the business license requirement, if the contractor's businrss and the project work site are both located in an unincorporated area eif the County Prime Contractor. Subcontractor and every over tier Subcxmlractor agree to do the fol!ow,ng on projec;(sl
A. Submit a hard copy of the Electronic Signature Authorilal;oll form vnth:n five (5) workirg days of executed contract -!o establish a Personal identification Number (PIN)) Form must be completed and signed by a company owner, partner, executive officer or designee (if appl,cettle) before a contractor may eslattlhh a PIN and electronically sign documents online.
B. Complete Project ID cards as specified
C. Submit required eDocu.^tents online withir ten (10) working days a` executed contract.
D. Submit 'non -required eCecuments and other documentation wiline as specified E. Submit CPRs online within ten (10) working days of the work week's endicg date.
F. Submit one CPR online per project. per week.
G. Repor! all workers, including owners, partners and superintendents, who were onsite H. All conlra,ctors must submit CPR% online from the start of the project until the time that they finish their work on the project
I. At! contractors must submit a Statement of Non -Performance online to certify that no work was performed by their conparly for any week of the project they are not working.
J. AV contractors must submit a final CPR orline for the last week they are working on -site K. All contractors must pay every worker on a weekly basis (if appkcable).
L. All CPRs must ,ndica!e check number or direct deposit transaclian number. ('4�n reprured eD0.i.i e's are _.ILse eiucum6rtfs wh:[h are • I mard.-z-, pet LCPtracke,. hawser ur" MAY De rliqured W 3 Darr Aw ;.b ,- x uv-Dy<aae hxr s as snriert I
07/27/2026 City Council Agenda 266
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C ecru orm nr%r"uFNTS
DOCUMENT QUICK REFERENCE
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07/27/2026 City Council Agenda 267
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
STATE PREVAILING WAGE REQUIREMENTS
All or a portion of the Scope of Work in the Contract or Purchase Order (as applicable) requires the payment of prevailing wages and compliance with the following requirements. (1) Determination of Prevailing Rates
Pursuant to Labo• Code sections 1770. of seq., the County has oblauiod from the Director of the Department of Industral Relatons (DIR) pursuant to the California Labor Code, the general prevaflxig rates of per diem wages and the prevailing rates for holiday and overtime work in the locality m couch the Scope of Work is to be performed Copses of said rates are on file with the County. will be made availab!e for inspection during regular business hours, may be included elsewhere in the speahcations for the Scope of Work. and are also available onl�re at vrvrv.dn ca.nov The wage rate for any cliss,ficalion riot listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications (or those performing similar or comparable duties. k) accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous ;ocatiors on the lobsite, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code secticins 1773, et seq.
(2) Payment of Prevailing Rates
Each worker of the Contractor, Subcontractor• lower tier Subcontractor eneaged in the Scope of Work, shay be paid not less than the general prevailing wage rate. regardless of any contractual relaaorship which may be alleged to exist between the Contractor. Subcontractor, !owe., tier Subcontractor and lhelr respective worker(s). California law prohibits brie use of credits for Employer Payments to reduce the oblrgalon io pay the hourly straight time or overtime wagon specified as the Basic Hourly Rate n the general preva•ling wage determination.
(3) Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars (S200 00) to the County for each calendar day or porion thereof, for each worker pad less than the prevaA'ng rates as determined by the D,fector o` t`.e DIR for such work or craft in which such warker is employed by the Contractor, Subcontractor or lower tier Subcontractor In connection with the Scope of Work Pursuant to California Lahr Code section 1775. the difference between such prevailing wage rates and the amount paid to cacti worker for each calendar day, or portion thereof, for which each worker was paid less than lhu prevai:ing wage rate. shall be paid to each worker by the Prime Contractor. Subcontractor or hover tier Subcorlraclor. (4) Ineligible Contractors
Pursuant to the provisions of Labo-' Code section 1777.1 the Labor Commissioner publishes and distributes a list of contractors inelutible to perform work as a Prime Contractor, Subcontractor, or lower lcr Subcontractor on a public works protect This list rif debarred contracirxs is availabe frnm the DIR website at hftp•hWww.dirca.gov?Public•Works/PublicWwkshtml Any contract entered into between a Prime Contractor and a debarred subcontractor is vo,•d as a matter of law. A debarred Subcontractor may not receive any public money for performing work as a Subcontractor on a public works contract, and any public money that may have been pad to a debarred Subcontractor by a Prime Contractor on the project shall be returned to the County. The Prime Contractor shall be responsible for the payment of wages to workers of a debarred Subcontractor or lower tier Subcontractor who 11as been allowed to work on the Scope of Wcfk. (5) Payroll Records
Pursuant to California Labor Code section 1776, the Prime Contractor. Subcontractor. and lover !her Subcontractor math keep accurate certified payroll records showing the nameaccress, social secun!y number. work cfassif'"tion, straight lime and overtime hours worked each day and week. and file aclual per them wages paid to each journeymanappremice, worker or other employee employed by them •r connection with the Scope of Work Each payroll record enumerated herein shall contain or be verified by a 07/27/2026 City Council Agenda 268
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C written declaration that it is made under penalty of perjury slating both of The following. ( I) the inrurmaMn wnt pined in the payroll record is true and co•rect and (2) the Pnme Contracts. Subcontracts or lower tier Subcontractor has complied with the requirements of California Labor Code sections 1771, 1811. and 1815 for any Scope of Work performed by nis or her employees. The payroll records shall be available for inspechor at all reasonable hours at the principal ottce of the Prime Contractor on the following basis' (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authofze representative or request; (2) A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County or the Division of Labor Standards Enforcement of the DIR; (3) A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement- If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Prime Contractor, Subcontractor or lower tier Subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Prime Contractor.
(4) The Prime Contractor shall file a certified copy of the payroll records with the entity that requested such rerxrds within ten (10) days after receipt of a written request. and (5) Copies provided to the public, by the County or the Division cf Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address and social security number. The name and address of the Prime Contractor.
Subcontractor, or lower tier Subcontractor performing a part of the Scope of Work shall not he marked or obliterated. The Prime Contractor shall inform the County of the location of payroll records. including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address.
The Prime Contractor shall have ten (10) days from receipt of lire written notice specifying in what respects they must comply with the above requirements. In the event Prime Contractor does not comply with the requirements of this section within the ten (10) day period, the Prime Contractor shall, as a penalty to the County, forfeil brie -hundred dollars (S 100.00) for each calendar day, or portion thereoffor each worker, until strict compliance is effectuated Upon the request of the Division of Labor Standards Enforcement. such penalty shall be withheld from any portion of the payments then due of to become due to the Prime Contractor
(6) Limits on Hours of Work
Pursuant to Californw Labor Code section 1810, eight (8) hours of labor shall consiltute a legal day's work.
Pursuant to California Labor Code section 1811, the time of service of any worker ornpluyed at any time by the Prime Contractor. Subcontractor, or lower tier Subcontractor, upon the Scope of Work or upon any par, of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and folly (40) hours during any one calendar week. except as provided for under Labor Code section 1815 Notwithstanding the foregoing provisions, wok performed by employees of the Prime Contractor.
Subcontractor, or lower tier Subcontractor in excess of eight (8) hours per day and forty (40) hours dung any one week. shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than ore and one-half (1. %) times the basic rate of pay (7) Penalty for Excess Hours
The Prime Contractor shall pay to the County a penalty of lwenly-five dollars (525 00) for each worker employed on the Scope ct Work by the Prime Contractor, Subcontractor. or lower tier Succortracor for 83 07/27/2026 City Council Agenda 269
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C each calendar day during which such worker :s required or permitted to work more tnan eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code. unless comoensalion to the worker so employed by the Prime Contractor, Subcontractor of lower lie; Subcontractor is not less than one and one-half (1'i,) times the ba<_-c rate of pay for ail hours vvofked in excess of eight (8) hours per day
(8) Senate Bill 854 (Chapter 26, Statutes of 2014) Requirements:
1) Prime Contractor, Subcontractors and lower tier Subcontractors snail comply with Senate BA 854 (sgned into law on June 20. 2014). The requirements include, but are not limited to the following a. No Prime Contractor. Subcontractor, or lower her Subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant (o Labor Coda section 1725 5. with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a).
b. No Prime Contractor, Subcontractor• or lower tier Subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5.
c. This project is subject to compliance rnonitoring and enforcement by the DIR. d. As required by the DIR, Prime Contractor is required to post job site notices• as prescribed by regulation regarding compliance monitoring and enforcement by the DIR. e. Prime Contractor. Subcontractors, and lower tier Subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects, new or ongoing, on or after January 1, 2016
a. The certified payroll must be submitted at least monthly to the Labor Commissioner. b. The County reserves the right to require Prime Contractor. Subcontractors. and lower t.ef Subcontractor to submit certified payroll records more frequently, than monthly to the Labor Commissioner.
e. The certified oayrr6 records must be in a format proscribed by the Labor Commissioner. 2) Labor Code section 1725.5 states the followmg-
A Prime Coniracicr, Subcontractors. and lower f.er Subcontractors snail be registered pursuant to Ihis section to be qualified to Lid on, be listed in a bid proposal. subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section. 'cortractor" includes a subcontractor as def,ned by Section 1722.1.
(a) To quality for registration under this section. a Prime Contractor shall do all of the following (1) Beginning July 1, 2014, register with the Department of Industrial Relations in Ilse manner prescnbed by the Department and pay an initial nonrefundable application fee of four hundred dollars (S400) to cualify'or registration under this seciior and an annual renewal fee rn or before July 1" of each year !hereafter. The annual renewal fee shall be n a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the Director to support the costs specified n Section 1711.3.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following (A) Workers' Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficent coverage for any worker whom the Prime Contractor. Subcontractor or lower tier Subcontractor employs to tlt
07/27/2026 City Council Agenda 270
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C perform work that is subject to prevailing wage requirements other than a contractor who :s separately registered under Inis section. Coverage may be evidenced by a current and valid certificate of Workers' Compensation Insurance or certification of self-insurance required under Section 1125 of the Busyness and Professions Code (B) If applicable, the Prime Contractor. Subcontractor, or lower tier Subcontractor is licensed in accordance, with Chapter 9 (commencing with Section 7000) of the Business and Prcfess:ons Code.
(C) The Prime Contractor Subcontractor or Sub -Tier does not have any delinquent liabdfly to an employee or the state for any assessrnwt: of back wages or related damages, interest, fires, or penalties pursuant to any final judgment. order, or determination by a court or any federal, state. or local administrative agency, including a confirmed arbitration award However, fo, purposes of this paragraph, the contractor shall not cc disqualified for any judgment, orcer, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. iD) The contiracter is not currertly debarred under Section 1777.1 or under arty olt•or fcldral or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works conlracl, been listed in a bid proposal of engaged in :he performance of a contract for pubic works without being lawfuny registered in accordance with this section, within the. preceding 12 months or since the effective dale of the requirements set forth in subdivision (e), whichever is earlier If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualificalton shall be waived if both of the foNrrwing are true (i) The contractor has nut previously been found to to in violation of the requirements of this paragraph within the preceding 12 months (if) The contractor pays an additional nonrefundable penalty registration fee of tAo thousand dollars 32.000).
(b) Fees received pursuant to this section shall be deposited in the Slate Pubic Works Enforcement Fund established by Section 1771 3 and shalt be used only for the purposes specified in that section. (e) A contractor who taus to pay the renewal fee required under paragraph (1) of subdsv ton (a, on or before the expiator of any prior period of registration shall be prohibited from bidding on. or engaging in the performance cf. any contract for public works until once again registered pursuant to this section If the failure to pay the renewal fee was inadvertent. the contractor [nay renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount cf the renewal fee within 90 days of the due date of the renewal fee. (d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to wtuch Section 1771 applies• either as the result of a determination by the director pursuant to Section 1773 5 or a court decision, the requirements of :his section shah not apply. subject to the following requirements (1) The body that awarded the contract failed, in the Del specification or in the contract documents, to identify as a public work that portion of the work that the tleterminalion or decision subsequently classifies as a public work.
(2) Within 20 days following service of not.ce on the awarding body of a determination by the Director of Industna! Ralabons pursuant to Section 1773.5 or a decision by a court that tie contract was frr public work as defined in this chapter, the contractor and any subconfracters Ri
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Docusign Envelope ID: 6085BOBC-lABF-8A30-81EA-CD228F25144C are registered under this section or are replaced by a contractor or subcoctractors who are registered under this section.
(3) The requirements of this sect:cn snall apply prospectively only to any subsegcent bid bid proposalcortract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision (e) The requirements of this section shall apply to any bid proposal submitted on or after March 7, 2015. and any contract for public work as defined in this chapter. entered into on or after Apel 1. 2015, 3) 1 abrx Code secion 1771.1 states the following
(a) A contractor or subcontractor shall not be qualified to bid on. be listed in a bid proposal subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter. unless currently registered and qualified to perform public work pursuant to Section 1725.5 It m not a vitiation of this section for an unregistered contractor !o submit a turf tnat is authorized by Section 7029.1 of the Susrness and Professsrwhs Code or by Section 10164 or 20103 5 of the Public Contract Code, Provided the contractor is registered to perform public work pursuant to Section 1725 5 at the I me the cortract is awarded (b) Notice of the requirement desrnbed in subdivision (a) shall be induded in all b'd invitations and public wedks contracts, and a bid shall not be accepted, nor any contract Of Set7Cpn7rad entured into without proof of the contractor or subcontractor's current •agistration to perform pubic wok pursuanl to Section, 1725.5-
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725 5 in a bid proposal shall not be grounds for filing a bid protest or gmunds for considering the laid nonresponsive. provided that any of the following apply (1) The subcontractor is registered prior to the bid opening. (2) Wittun 24 hours after the bid opening, the subcontractor is registered and has pail the oenaay registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a sutcomractor io be registered to perform public work as required by subdivision (al shall be grounds under Sedan 4107 of the Public, Contend Code low the contractor, with the consent of the awarding authorityto subshlute a subcontracor who is registered to perform public work pursuan! to Section 1725.5 n place of the unregistered subcontractor. le) The depar;inunt shall maintain on as Interrel Web site a list of contractors who are currently regstered to perform pubic work pursuant to Section 1725 5 (f) A contract entered into with any contractor or subcontracor :n violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful vord, or voidable solely due to the failure of the awardaty body. contracts, or any subcontractor to comply with the requrements of Section 1725 5 or this sedicn-
(g) If :ne labor Commissioner or his or tier designee deternimes that a contractor or subcontractor engaged in the performance of any public work contract without having been reg stered :n accordance with this section, th-c contractor or subcontractor shall forfeit, as a civil penalty to the state one hundred dollars (S100) for each day of work perfcnned in violation of the registration requirement, not to exceed an aggregate penalty of eight :housand dollar, (S8,0001 in addrbon to any penalty registraton fee assessec pursuant to clause f i) of subparagraph (E) of paragraph (2) Of subdrwSan (a) of Section 1725 5(h)
07/27/2026 City Council Agenda 272
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C (h)(1) In addition to. or in lieu of. any other penally of sanction authorized pursuant to this chapter, a nigher tiered pub!�c works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work :n violation of Ine requirements of Section 1725.5 or this section shalf be subject to fcrfenure, as a awl penalty to the slate, of one hundred dollars (3100) for each day the unregistered lower tier subcontractor performs 'wort in violation of the registration requirement. not to exceed an aggregate penalty of ten thousand dollars ($10.000)
1) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when ceiermining the severity of the violation and what penally to assess. and may waive the penalty for a first time violation that was umntuntional and did not hinder the Labor Commisstoner's abilty to monitor and enforce compliance with the requirenxnts of this chapter
2) A higher tiered public works contractor or subcontractor shall not be liability for penalties assessed pursuar•d to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due Io the revocation of a previously approved registration
3) A subcontractor sha I not be liable for any penalties assessed against a higher tiered public works contractor of subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may no! require a lower tiered subcontractor to ndemnity or otherwise be !Qble for any penalties pursuant to paragraph (11. (1) The Labor Commissioner or his or he( designee shall issue a awl Wage and penalty assessmentn accordance with the provisions of Section 1741, upon determination of penalties ptrsuant to subdivision (g) and subparagraph (B) of paragraph (11 of subdivision (h) Review of a civil wage and penally assessment issued under this suW,vrslon may be reques!ed in accordance with the provisiors of Section 1742 The regulations of the Director of Industrial Relations which govern proceedings for review o` civil wage and penally assessments and the withholding of contract payments under Article t (r_ornmenc4ng With Sermon 1720) and Article 2 (commencing with Section 17(0). shall apply
(j) (1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in voiatfon of the requirements of Section 1725.5 of this section, the Labor Commissioner shalt issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subrootracloi an all public works until the unregistered contractor or urregistered suoconlraclor is registered. The strop order shall not apply hl work by registered contractors or subcontractors on the putrX work-
2". A stop order may be persorally served upon the contractor or subcontractor by either of 're fo'lowing methods:
a) Manua: delivery of the order to the contractor of subcontractor personally h) Leaving signer) copies of the order with the person who :s apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class ma,. postage prepa!d to the contractor or subcontractor at one of the following, a The address of the contractor or subcontractor on file with either the Secretary of Slate or the Contractors' Slate License Board.
b If the contractor or subcorLtractor has no address on file with the Secretary of State or the Contractors' Stale License Board. the actress of the site or the public work 31 The slop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unragistefed contractor or suhcontracloby the. unregistered 07/27/2026 City Council Agenda 273
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C contractor or subcontractor, or both. The appeal, hearing. and any further review of the hearing decision shall be governed by the procedures, time limits. and other requirements specified in subdivision (a) of Section 236.1
4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this Subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage. nct to exceed 10 days (k) Fatlure of a contractor or subcontractor. owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant 10 subdivision (j) is guilty of a misdemeanor punishable by imprisonment in carroty jail rot exceeding 60 days or by a fine not exceeding .on thousand dollars (510.0001, or both (1) This section snail apply to any bid ptuposal submitted on or after March 1, 2015. and any contract for public work entered into on or after April 1. 2CIS. This section shall also apply to the performance of any public work, as defined .n this chapter, on or after January 1. 2018. regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the Slate Public 'Nodes Enforcement Fund established by Section 1771.3 and shag be used only for the purposes specified in that section, (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars (S25,DOO) or less when the project Is for construction, alteration, demoldion. installation. or repair work or to work performed en a public works project of fifteen thousand dollars (S15.000) or less when the project is for maintenance work.
4) Labor Code section 17 71.4 states the fc8o•wing:
(a) All of the foltowuxj are applicable to all public worts projects that are otherwise subject to foe requirements of this chapter
(1) The cag for bids and contract documents shag specify that the project is subject to compliance monitoring aril enfe(cernent oy the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site nol;ces, as prescribed by regulation
(3) (A)Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the fo,lowing manner (i) At least monthly or more frequently if specified in the oDntract with the awarding body For purposes of this clause. `monthly- means that a submission of records shall be mace at leas[ once every 30 days while work is being performed on the project and within 30 days after the final day of work performed on the project. (r) In an electronic formal in he manner prescribed by [he Labor Commissioner, on the department's Internet website
(8) A contractor or subcontractor wtto fads to fumish records pursuant to subparagraph (A), relating to its employees shall be subject to a penalty by the Labor Commissioner of o-e hundred dollars ($1C0) per each day in which that party was in violation of subparagraph (A) not to exceed a total penalty of five thousand dollars (f5.000) per protect. Penalties received pursuant to this carograph shall be deposited in the Slate Public :Narks Enforcement Fu-d established by Section 1711.3 and shall be used only for the purposes specified in that section
(C} The Labor Commissoner shall nor levy a penalty pursuant to subparagraph (5) until a contractor or subcontractor fails to hrnish the records pursuant to subparagraph (A) 14 days after the requirement set forth in clause (i) of subparagraph (A). 88 07/27/2026 City Council Agenda 274
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C (D) Penalties pursuant to subparagraph (3) may only accrue to the actual contractor of subcontractor that failed to furnish the records pursuant to subparagraph (A). (d) If the contractor or subcontractor a not registered pursuant to Section 1725.5 and is performing work on a project fur wh"ch registration is nol required because of subdivision (p of Section 1725.5. the unregistered contractor or subcontractor is not required to Purr.Sh the records specifiec in Section 1776 directly to the Labor- Commissiorer but shall retain the records specified in Section ' 776 for at least three years after comp'eiion of the work (5) the department shall undertake those activities it deems necessary to mendor and enforce compliance with prevailing wage requiremhnts
(b) The Labor Commissioner may exempt a pubic works project from compliance with all or part of the reduxeirents of subdivision (a) d either of the following occurs' (1) The awarding body has enforced an approved labor compliance program, as defined n Section 1771.5. on all public works projects under its authority, except those deemed exempt pursuanl to subdivision (a) of Section 1771 5, continuously since December 31. 2011. (2) The awarding body has entered into a collective bargahmng agreement that bands all contractors performing work on the project and that nctudes a mechanism for resolvhrg disputes about the payment of wages.
(c)
(1) The requrcemenis of paragraph (1) of subdivision (a) shall only appby to contracts for pubic works protects awarded on or after January 1, 2D15.
(d) The requirements of paragraph (3) of subdivision (a) shall aprfy to all contract for public work, whether new or ongoing. on or alter January 1 2016.
(9) Compliance with California Labor Code section 1720.9 (1)Labof Code secl:on 1720.9 expanded the definition of pub;,c woks under the California Prevailing Wage Law to include the following:
(a) Hauling and delivery of ready -mixed concrete to carry out a public works, contract. with respect :o contracts involving any state agency, :ncluding the California State Univmily and the Unversity of Calilatria. cr any pollical subdivision of the state
(2)Secuon 1120 9 defines the, term -ready-mixed Concrete" and specifies that rate of pay shall be the cur ent prevailing wage 'for the geographic area in which the factory or batching part is located-' as detenr red by the DIR. The entity hauling or delivering ready -mixed concrete to carry cut a -LbI c wortes contract shall enter into a written subcontract agreement •with the party tha: engaged the entity to supply the reaoy-mixed ccnaele, The written agreement shall require compliance m1h Prevai4ng Wage Law. (3)Sectron 1T20 9 requires that the entity hauling or del,verxlg ready -mixed concrete to carry out a public works contract shag submit a certified copy of the payroll records required by subdfirnsron (a) of Section 1776 to the party that engaged the entity and to the general contractor with n five working days after the employee has beer paid accompanied by a written time record that sha I be certified by each driver for the performance of jab dupes m Section 1720.9(c).
(4)Section 1720.9(e) the entity hauling of delivering ready -mixed concrete for public works praecl shad ice considered subcontractors and must register with the DIR as per Labor Cade 1725 5 B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
gu
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Docltsign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C The Contractor is respurisible for cornpl,ance with Labor Code section 1777 5 and the California Code of Regulations. title 8, sections 230 - 2301 for all accrenticeab a occupations (denoted with '#` symbol next to craft name in DIR Prevailing Wage Determination). whether employed by the Contractor, subcontractor. vendor or consuilant. Ircluded in these require-rerts •s (1) the Ct)ntractor's requirement in provide notification (i e. DAS-140) to the appropriate apprenticeship commmees; (21 pay training fund contributions for each apprenticeable hour employed on the Contract: and (3) utilize apprentices in a minimum ratio of not less that, one apprentice hour fur eacri fire journeyman hours by completion of Contract work (unless an exception is granted ai accordance with Labor Code section 1777 5) er request for the dispatch of apprentices
Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the Craft or trade for which such apprertie is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Only apprentices. as dufumd in California Labor Code sac:ion 3077 who are in training under apprenticeshp standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are erigibie to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticesnip stardards arm apprentice agreements under which such apprentice is training.
2. Compliance with California Labor Code section 1777.5 requires all public works contractors to (1) Submit Contract Award Informili (DAS-140)
a. Although there are a few exeriplxrts (icuntihcd below), all Crntracturs regardless of umor. affiiiaimn, must submit contract award information wnen performing on a California pubfic works project
b. The DAS-140 is a notification 'announcement' of the Contractors particcpatien on a public works proIerA_IrtLnW a requesf for the dispatch of an apprentice c. Contractors shall submit the contract award x4cnnalian (you may use form DAS 140) within 10 days of the execution or the prime contract or subcontract. but in no event later than the first day in wt;ch the Contractor has workers employed on the pubic work proiecl d. Contractors who are already approved to train atctrantices (i.e. check -Box on the CAS-140) shall only be required to submit the form to their approved program. e. Contractors who are NOT apc+ovud to lriir. apprentices lie those [fiat check either -Box 2- or -Box 3- on thn DAS-140) staff subrnil the DAS-140 TO EACH of the apprenticeship program Sponsors in the area of your public works project. For a listing of apprenticeship programs see http ilwww dir ca gov/Databasesldasrpwaddrstarl.asp.
(2) Employ Reatstered ADprenhGes
_abor Code section 1777.5 recufes that a contractor perrorming work In an appxenliceable- craft must employ, one (1) hour of apprentice work for every five (51 hours perfumed by a journeyman This ratio shall be me( prior to the Contractor's completion of work on the project-Appxenticeabb" crafts .are denoted with a pound symbol 'd' in front of :he craft nan-.e on the prevailing wage determination.
All Contractors who do not fail within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each aoprenticeable craft or Irade) by giving the program actual notice of at least 72 hours (busiress days only) before the date on which apprentices are required.
Contractors may use the -DAS-142" for for making a request for the dispatch of an apprentice.
Contractors who are participating in an approved apprenticeship training program and who did rot receive suffrrdorrt nurnber of apprentices from the^ initial request must request dispatch of apprentices from ALL OTHER apprenticesfpp comrmttees in the project area it order to fulfill this requirement.
Contractor should maintakt and submit proof (wher recuested) of its DAS-142 submittal to the apprenticeship committees (e g fax transmittal confirmatinn) A Contracor has met its requirement 07/27/2026 City Council Agenda 276
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C to employ apprentices only after it has successfuRy made a dispatch request to all appienticeship programs in the project area.
f. Only 'registered' apprentices may be paid the prevailing apprentice rates and must. at all tines Arfk under the supervision of a Journeyman (Cal Code Regs_ le 8 § 230 1; (3) Make Training Fund ContrtbUtior5
a. Contractors perforrnilg in apprenliceable crafts on public works prefects, must make training fund contributions in the amount established in the prevailing wage rate puNication for journeymen and apprentices
b. Contractors may use the -CAC-2- form for sul:mittal of their training fund contributions. c. Contractors who do not submit their training fund contributions to an approved aporenticesho training program must submit their contributions to the California Aaprenliceship Council (CACI, PO Box 420603. San Francisco, CA 94142-0603.
d. Training fund contiibultns to the CAC are due and payab:'e on the 15th day of the month for work performed during the preceding month.
e. The training' contribution amount identified on the prevailing wage determination shall not be pad to the worker, unless the worker fa!ls within one of the exemption calegrrss listed below
3. Exemptions to Apprenticeship Requirements:
The Icilowing are exempt In rn having to comply with Callfomfa apprenticeship requirements. These types of contractors do not need to submit a DAS-140. DAS-142. make training fund contnbutions. or utilize apprentices
a. Ween the Contractor colds a sole proprietor license (-Owner-Operator') and no workers were employed by Inn Contractor. In other words. the contractor performed the entire work from start to finish and worked acne.
b. Contractors performing in non-appren iceable crafts. 'Apprenh,,eable- crafts arc denoted with a peuret symbol -p' in front of the craft name on the prevailing wage delemlinahon. c. When the Contractor has a direct cortract with 1tie Public Agency that -s under S30,000. d. When the project is 100% federally-fugded and the fundinc of the prolect does not contain any city. uwnly, and/or stale monies (unless the protect is administered by a state agency in which case the apprenticeship requirements apply).
e. When the project is a private project not covered by the definition of pubic works as found in Labor Code section 1720
4. Exemption from Apprenticeship Ratios:
The Jont Apprentceship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator or Apprenticeship, exempting the Contractor from the 1-10-5 ratio set forth in this Section when it finds that any one of the following conditions are met' (it Unempioyment for the previous three-month period in such area exceeds an avenge of fifteen percent (15 %): or
(21 The nuni of apprentices in training in such area exceeds a ratio of 1.10-5 in relation to loumeynen:
or
(31 The Apprenbceable Craft or Trade is replacing a: least one-hriA eth (1130) of its journeymen annually through apprenticeship training. either on a slatewkSe basis or on a local basis or (y Il assignment of an apprentice to any Non, performed under the Ccnrrad Documents world create a condition which would jeopardize such apprentice's life at the life. safety or property of follow employees or the public at largeor if the specific task to •.vhich the apprent=ce is to be assigned is of such a nature that training cannot be provided by a ja rneyrnan When suiM exemptions from the 1-to-5 ratio between apprentices and loumeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit indwii applications for approval to local Joint Aporenbcesh:p Committees provides they are already covered by the local apprenticeship standards 07/27/2026 City Council Agenda 277
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C Contractor's Compliance:
The responsibility of rompiiance with this Section for all Apprenticeab'e Trines or Crafts is solely and exclusively that of the Contractor All decisions of the Joint Apprenticeship Contmihee{s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777 7 and the determination of tho Labor Commissioner. 07/27/2026 City Council Agenda 278
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions office of Davis -Bacon and Labor Standards
APPLICABILITY
The Project or Program to which the construe Lon work ecvered by this Contract perta.ns is being asysted by the United 5tates of A rrserKa, and the following Federal Laoor Standards Proviseor.•, are ircluded in this Contract pursuant to the provisions applicable to such Federal assistance Mirnimum wages and fringe benefits
1. MI laborers and 0edsarVcs employed is, working upon the site of Ike work (or otherwise worklnl in construction or development of Lle project under a development statute), will be paid unmrditionaliy and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR start 31), the full amourt of basic hourly wages and be" fide fringe benef is (or cash equivalents thereof) due at time of Payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which n attached hereto and made a part hereof, regardless of airy contractual relationship which may be alleged to exist between the contractor and such labcrefs and mechanics. As provided in 29 CFR S.S(d) and H. the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract Contributions made or costs reasonably anticipated for bona fide fringe berefas under the Davis -Baron Art (40 U.S.0 3141(21(8)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechan,cs, subject to the provisions of paragraph (a)(3,ryv) of thew contract clauses, also, regular contributions mane or costs mcurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs wh:ch cover the particular weekly period, cue deemed to be constructively made or incurred during such weekly period Such aborers and mechanics most be paid the appropriate wage rare and frirge berefirs on the wage determination for the dassification(s) of work actually Perfofined, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work :n mere than one classification tray be compensated at the rate specified (or each dassAration far the time actually worked therein: Provided, That the employer's payroll records accurately, set forth the time spent in each classdreation in which work is performed. The wage determination (including any additional classifications are wage rates confomed order 29 CFR 5.5(al(116NI) and the Davis -Bacon poster (WH-1321) meet be posted at all limes by the contractor and its subcontractors at tfe site of the work in a prominent and access.ble place where at can be easily seen by the workers. i. Frequently recurring classifications
A. In additinn to wage and fringe benefit rates that have been detern i ed to W Ctevaihng under the pfocedures set forth in 29 CFR part 1, a wage determination may contain, puruant to 4 1.3in. wage and fringe benefit rates for classifications of lab-orers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR S.SIa)(11(iii1, provided that.
1. The work nerfermed by the classification , not performed by a classification ;n the wage determination for which a prevad•ng wage rate has been determined;
2. the clan ifrcatbn is used in the area by the rrnstruclior- industry; and
3. The wage rate for ;he classification bears a reasonable relationship to the prevadmg wage rates coinamed in the wage. determination.
B, The Administrator will establish wage rates for such classifications in accordance with 29 CFR i.5(a)(1N ii)iA713). Work performed in such a classification must be paid at no less Char the wage and frirge benefit rate Imted on the wage determination fcf such classification. iL Conformance
A. The contracting officer must regd,re that any class of faborem or mechanics, includiN helpers which is not fisted in the wage cetermination and which is to be employed under the contract be Prrooiis editors owo'ete t F orm HUD-4010. 110/2023)
ref. Handbv^ok 13.14.1
07/27/2026 City Council Agenda 279
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C class;hed in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be perfnrmed by the classification requested is rot performed by a ctassit"tion in the wage determination; and
Z. The class.ficarion ,s used In the area by the construction indusuy; and
3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdwide, or otherwise avo a application of classifications listed in the wage determination.
C If the contractor and the laborers and mechanics to be employed in the classification (if known). or their representatives, and the contracting officer agree on the classdfcauon and wage rate !including the amount designated for fringe benefits where appropriate), a report of the art;nn taken will he sent by the contracting officer by emanl to ')6Arnninrmanre•fedot •xrz. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period tha,. additioral time i; necessary.
D. In the event the contractor, the 4borers or mechan-ct to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate Ilncluding the amount designated for fringe benefits, where appropriate), the contracting officer wdl, by email to refer the questions, including The views of all m:erested parries and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an aulhorped representative, will issue a determination within 30 days of receipt and so advise the contracting off cer or will notify the contracting officer within the 30-day period that additional lore is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a){1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker of it must be posted as a part of the wage determination. The wage rate Including fringe benefits whery appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(ie)(C) or {D) must oe paid to all workers performing work in the classification under this contract from the fret day on which work �.s performed m the class fication.
Fringe benefits not eepressed as an hourly rate
Whenever tlx: minimum wage rate prescrbed in the contract for a class of laborers or mechanics includes a fringe benefit which is rtot expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination w may pay another bona fade fringe benefit of an homy cash equivalent thereof.
Unfunded plans
If the contraeor does not make payments to a trustee or other third person, the contractor may consider us pat of the wages of any laborer or mechanw the amount of any casts reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provxted, That the Secretary of Labor has found, upon the written request of the contractor.:n accordance with the criteria set forth in 29 CFR 5 2g. that the applicable standards of the Davis Bacon Act have been met.
The Secretary of Labor may requ,re the contractor to set aside in a separate accrunt assets for the meeting of obligations under the plan or program.
Interest In the event of a failure to pay all or part of the wages required by the contract, the ccntnctor will be required to pay interest on any underpayment of wages. ire.sous edkions obsaele 2 Form HUD 4010. 00/20211
ref. Har Jb;x>k 1344 1
07/27/2026 City Council Agenda 280
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Withholding
I. Withholding requirements
the u S. Department of Hcsning and Urtsan lkycicpment may, upon its own action, or must. upon written request coan authorized mpresertai. of the Departmer4 of tabcr, wthhold or cats, lobe withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of :he prune contractor or any subcantractor for the full amount of wages and monetary relief, irdudetg interest, required by the clauses set forth in 29 CFR 5 S(al for violations of this contract, or to satisfy any such liablaties required by any other Federal contract, or federally assisted contract subject to Davis�Bacon labor standards. that is held by the same prime contractor (as cefired in 29 CFR 5.21 The necessary funds may be wdhheid from the contractor under tors contract, anyother Federal contract with the same prime contractor, or any other federally assisted contract that s subject to DavirBacon labor standards requirements and -s held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld In the event of a contractor's rat lure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction of development of the p•oiect under a development statute) all or par, of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in 29 CFR S 5(3k3i)(iv), HUO may on its own mitative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspemton of any further payment, advance, or guarantee of funds untd such violations ha- ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR S.S(e)(2)(i) or (b)(3)(i), or both, over dainty to thus& funds by:
A. A contractor's surety(ies), including without limitation perfurrnauce bond sureties and oaymem bond sureties,
B- A contracting agency for its reprocuremem costs;
C. A trustee(-) (either a court appointed trustee or a U.S. trustee, of froth) in bankruptcy, of a contractor. or a contractor's bankruptcy estate;
D. A contractor's assgnee(s),
E. Acontrwocr's successor(s); or
F. A claim assened under the Prompt Payment Act, 31 U.5. C. 3MI-3907.
Records and certified payrolls
L Basic record requirements
A. length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for 3" laborer; and mechanics working at the site of the work (or otherwise working :n construction or development of the project under a development statutel for a per.od plat least 3 years after all i-e work on the prime contract is completed
B. Information required Such records must contain the name; Socual Security number; last known address, telephone number, and email address of each such worker, eachworker's correct clas0katiorts) of Nork actually performed; hoar4'rates of wages paid (including rates of contribution or costs anticipated for bona fide fnnge benefits or cash egsuvalergs thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); daily, and weekly number of hours actually worked in totai and on each covered contract; deductions mace; and actual wages paid.
C. Additlortaf records relating to fringe benefits NOhenever the Secretary of labor has fourd under 29 CFR SS(a)(1)(vl that the wages of any laborer or mechanic include the amount of any nrenpus editors cusp tie 3
corm HUD 4010, (1012023;
ref. Handbook 1344.1
07/27/2026 City Council Agenda 281
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C costs reasonably anticipated in providing tenefis under a plan or program described in 40 U.S.0 3141(211g) of the Davis Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable. that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affeaed, and records which show the costs anticipated or the actual cost intoned in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must ma npin written evidence of the •egistralion of apprenticeship programs. the registration of the apprentices. and the ra8cs and wage rates prescribed in the appiicaole programs
Certified payroll requirtments
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Act, covered work is performed, certified payrolls to IIUo d the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity. as the case nay be, that maintains such records, for transmission to HUD. The prime contractor is responsible far the submission of all certified payrolls by all subcontractors. A contracting agency or prime coninctor may permit or require contractors to submit certified payrolls through an electronic system. as long as the electronic sysf^-m requires a tegai;y valid electronic signature; the system allows the contractor, the comracurg agency, and the Department of Labor to access the certified payro is upon request for a: least 3 years after the work on the prime contract has been completed: and the contracting agency or prime contractor permits other methods of subnissmn in situations wfiere the contractor is unable or limited in its ability to use or access the electronic system S. informatiat required The certified payrolls submitted must set out accurately and completely A of the information required to be main:ained under 29 CFR S 5(aX3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only inclide an individually identifying number for each worker (e.yr— the last four digits of the worker's Social Security numberl. The required weekly certified payroll information may be submitted using optiunal Form WW347 or in any other format desired. Optional Form WV-341 is availabtk R^.r this purpose from the Wage and Hour Division Web site at htfns.1/ivwsv dn! noyr vd t or its successor website It is not a violation of
this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly sutonisswn try the succontractor to the sponaonrr% government agency (or the applicant, sponsor, cwner, or other entity, is the case may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractors or s abcontractors agent who pays or supmrses the payment of th-_ persons workiiig on the contract, and must certify the following
1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)l3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 la)(3i(il. and such information and ri�.curds are con ect and complete;
2. That each laborer or mechanic)inclWIng each httper and apprentice) working an the contracT during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that ro deductions have been made either directly or indirectly hrvlpus ed Wins obsoete
Fours HUD-3010, (10170231
+e!. Harr book 1344 1
07/27/2026 City Council Agenda 282
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C from tre full wages earned. other than permissible deductions as set forth in 29 CFR part 3:
a ro
3. That earn latsoreror mechanic has been paid nal less than the applicable wage rates and Iringe be refits a cash equiva rents for the dassific ation (s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. o. Use of optional Form WH-347 the weekly submission of a properly executed Lertificatm set forth un the reverse side of Optional Form WH 347 aril sarafy the requirement fur submission of the -Statement of CompSance- required by 29 CFR 55(a)(3)iu)(C).
E. signature The signature by the contractor, subcontractor, or the contractor's or subcontr,xtor's agent must ae an er:ginal handwritten signature at a legally valid electroric signature.
F. Falsification The falsification of any of the above certiflrations may suolect the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 10,31 and 31 U S C 3729 G. Length of certified payroll retention The contractor or subcontractor must preserve all Lertihed L.lyrolls dunnM The course (it the work and for a period of 3 years after all the work on the prime contract i•, completed.
iii. corwal wboontracts, and related documents The contractor or subcontractor must maintain this contract or wbconvact and related documents including, w thout limitation, birds, proposals, amendments. modifica sirs, a nd extensions. The contractor or subcontractor rust preserve these contracts, subcontracts. and related documents during the raurse or the wort and fnc a period of 3 years after all the work on the prime contract is crrnpletesl. iv Required disclosures and access
A_ Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR S 5{a;{))(i)-{iii), and any other documents that HUD er the Department of Labor deems necessary to determine cc>rnplience with the labor standards provisions of any of the appLcab:e statutes referenced by 29 CFR 5.1. available for inspection, copying, or transcription by auTronzed representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours an the job.
B. Sanctions for icon-compilance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker ntervews daring working hours on the job, the• Federal agency may, otter written notice to the contractor, sponsor, applicant, owner. or other entity, m the case may be, that maintamr, such records or that employs such workers, take such actor, as may be necessary to cause the suspension of any further paynseM, advance, or guarantee of funds. Furthermore, failure to submit the required records upon reg:.est or to make such records availab e, or to permit worker interviews during working hour, on The. lob, may be grounns for debarment action pursuant to 29 CFR 5.12- In addition, any contractor or other person that fails to submit the required records Or make those records available to WHO within the time W'•O requests that the records be produced will be precluded from introducing as endence in an administrative proceed n& under 29 CFR part 5 any of the required records that were not provided w made available to WHD. WHD will to<e into consideration a reasonable request'rom the contractor or person for an extension of the time for submission of records. WHD well determine the reasonableness of :he request and may consider, among other things, the location of the recurds and the volume of pcoductton
C. Required Informatlon disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each mverrd worker, and must provide their upon request to HUD if the agency is a party to vrevwus edrtrons abso'Me 5
Form HUo-4010.110/20231
W. Handbook 1344.1
07/27/2026 City Council Agenda 283
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency rs net such a party lathe contract, the contractor, subcwrtraclar, nr both, most. upon request, provide the fub Social Security number and last known address, telephone ns:mber, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the c se may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for ourpoies of an investigation or other compliance action.
4. Apprentices and equal employment opportunity
I. Apprentices
A. Rate of pay Apprentices wd' be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U S Department of Labor.
Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognrted by the OA_ A person who is nu: individually registered in the program, but who has been certified by the OA Ora State Apprenticeship Agency (where appruprate) to be eligible for probationary employment as an apprentice, will be permitted to wori at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as ar apprentice in such a program. In the event the OA or a State Apprenticeship Agency recogn,¢ed by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than thw applicable predetermined rate for the work performed unto an acceptable program ,;apprm:ed.
0. fringe benefits Apprentices must be pad fringe benefits in accordance with the provisror's of the apprenticeship program. if the apprenticeship program does not specify forge benefits, apprentices must be paid the lull ar.'.uunt of fringe teoefits listed on the wage determination for the applicable classification. If the Administrator deters':fines Ihat a different practice prevails for the appticable apprennce classification, fringe benefits must be paid in accordance with that determ:;ation.
C Apprenticeship ratio The allowable ratio of apprentices to iourneyworkers on the job site In any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio apphc1ble to the locality of the project pursuant to 29 CFR 5.S(a)(4HIRD). Any wcrker listed on a payrnil at an apprentice wage rate, who is not registered or ottwirw'ne employed as stated in 29 CFR
5.5(af(4)(r)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, arty apprentice performing work oil the pb site in excess of the ratio permitted Under this section must be paid not leis than the applicable wage rase on the wage determination for the work actualiy performed.
D. Reciprocity of ratios and wage rates Where,) contractor is performing construction on a project in a Iccaiily other than the locally it. which its program is registered, the rages and wage rates (expressed in ,percentages of the ioumeyworker's hourly rate) applicable wnhin the locality in which the ronstrwt�on ,s being performed must be observed. If there is rro applicable ratio or wage rate To, the locality of the project, the ratio and wage rate ipec,fied in the contractor's registered program m.nr be observed. ii Equal employment opportunity The use of apprentices and jourrteyworkers under this part must be in conformity with the ctilual employment opportunity requirements of Frecutive Order 11246, as amended. an- 29 CFR part 30.
Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract -rev GUi ed:t Ions 0"Cte
98 Twist HUD-4010,110/2023)
net. llandMok 13a4.1
07/27/2026 City Council Agenda 284
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C 6 Subcontracts. the contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR i S(a)(1) through (11), along with the applicable wage determmation(s) and such other clauses or contract modifications as the U S. Departr-writ of Flouiing and Urban Development may by approprate instruct xtns require, and a clause requa,ngthe subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts, The pnrne contractor is responsible for the compliance by any subcontractor or lower tier subcontractor, with all the cuntfact clauses in this secLon In the event of any violators of these clauses, the prime contractct and any sutsconractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or less, due to any workers of lower tier subcontractors, and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termmauon of the contract, and fir debarment as a contractor and a subcontractor an provided is 29 CFR 5 12
It Compliance with Davis -Bacon and Related Act requirements. AI! rulings and interpretations of ifw Davis Bacon and Related Acts contained in 29 CFR pats 1, 3, and 5 are herein ncow-aled by reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract snail rot he wblea to the general disputes clause of this contract. Such disputes shall be. resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR pans 5, 6. and 7. Disputes within the meaning of this clause include dvspiwes between the cortrwor(or any of its sutcontractors) and the contracting agency, the U.S. Department of labor, or the emp'oyees or their representatives
10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither B nor any person or firm who has an interest in Lhe contractor's firm is a person or firm ineligible to be awarded Giver nmem contracts by virtue of 4n IJ S C 3144(b) or 29 CFR S.1I(a).
N. No part of this contract shall be subcontracted to any person w firm Ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(bl or 29 CFR 5.12(a).
Ni, The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Crimksal procedure, IS U.S.e 1001.
11 Anti -retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, ar in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist. harass or in any Giber manner discriminate against, any worker cr job appl cant for.
i. Notifying any contractor of any cor duct which the worker reasonably believes constitutes a violation of the DSA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be MiWted arty proceeding, or othenw,se asserting or seekirg to assert an behalf of themseh•es or others any right or protection under the DBA.
Related Acts, or 29 CFR parts 1. 3, or 5;
lii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the D(FA, Related Acts, or 29 CFR parts 1. J. or 5; of
iv. Informirg any other person about their rights under the DBA, Related Acts, of 29 CFR parts 1, 3. or S.
B. Contract Work Hours and Safety Standards Act (CW HSSA) lf:e Agency Head must cause cr require the contract:ng officer to inert the following clauses set forth in 29 CFR S.5(b)(1), (2), (3), (4). and IS) in ful. or (for contracts cmered by the Federal Acquisition Regulation) by reference, in any contract In an amount in excess of 5100,000 and subject to the overtime pfoaisrons of the Ccntruc: Work Hours and Safety Standards ACT 7 here Clauses. must Prevmus edirons boso+ete 7 Form HUD-4010, (141202JS
ref. Handbook 1344.1
07/27/2026 City Council Agenda 285
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C be inserted in addition to the clauses required by 29 CFR 5.5(a) or ♦.fs. As used in this paragraph, the terms "laborers and mecharocs` include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract war: which may require or involve the employment of laborers or mechanics s�all require or permit any such laborer or mechanic in any workweek in which he or she is emp:cyed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than une and one -nalf times the basic rate of pay far all hours worked in excess of foty hear in such workweek.
2. Violation; liability for unpaid wages: liquidated damages. In the event of any violation of the clause set loth in 29 CFR 5 ;(bill) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia ora terntory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic. including watchpersons and guards, employed in volation of the clause set forth in 29 CFR S.i(b)(i), in the surm o' $31 for each calendar day ow- which such fndwtdual was required or, permitted to work in excess of the standard workweek of forty hours without payment or Ile overtime wages requi,ed by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i, Withholding process The U S Department of blousing and Urban Development or tine recipient Of Federal assistance, may, upon its awn action, or must, upon written request of an authorized representative of the Depart -rent of t abor, wiU:ho'd or cause to be withheld from the contrartnr so much of the accrued payments or advance% as may he considered necessary to satisfy the liabibues of the prime contractor or any subcontractor fir any unpaid wages; monetary relief, itxfudirsg interest, and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Sa`ety Standards Act that is held by the same prime contractor (a% defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract w ;h the same prime contractor, or any other federally assisted ccrstract that :s subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded cr assisted by the same agency, and Such funds may be used to satisfy the contractor liability ice which the funds were wdhheld.
li Priority to withheld funds The Department has priority to fun -is withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by.
A. A contractor's surety(ies). including without limitation performance burl sureties and payment bond sureties,
IL A contracting agency for its reforocurement costs;
C. A trustee(s) leither a court -appointed trustee or a U.S. traslee, or both) it.. bankruptcy of a contractor, or a contractor's bankruptcy estate.
D. A contractor's assignee(s):
E. A contractor's successar(s); as
F. A clam asserted under the Prompt Payment Act, 31 US.C. 3901-3907 Subco ltnads. The contractor or subcontractor must insert in any subcontracts the clauses set forth m 29 CFR 5-5(b)(1) through (5) and a cause requiring the subcontractors to include these clauses in any lower tier subcontracts. Tne prime contractor is responsible for compliance ❑y any subcontraem or lower tier subcontractor with the clauses set forth in 29 CFR 5.51b)(1) through (5)_ In the event of any violations of these clauses, the prime Contractor and any subcontractors) responsible will be liable for any unpaid wages and monetary relief, including interest !roan me date of the underpayment or Iess, Prevmus ed•n.oas oasolele
Ilk$
Form HUD 4010. (10/2023)
ref. Handbook t344.1
07/27/2026 City Council Agenda 286
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C d,e to any workers of ower-tier subcontractors, and associated liquidated damage: and may be subject to debarment, as appropriate.
S Anti -retaliation It is unlawful for any person to discharge, demote. intimidate, threaten, restrain. coerce, blacklist, harass, or rn any other manrer discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discrimina!e against, any worker or job applicant For:
1. t4otifymg ary contractor of any conduct which the worker reasurably believes constitutes a vietation of the Contract Work Hours and Safety Standards Act (CWHSSA) or Its implementing regulations in 23 CFR part 5,
it. Filing any complaint, initiating or causing to be initiated any proceeding, of otherwise asserting or seei-ng to assert on oehaff of themselves or others any right or protection under CWHSSA o' 29 CFR part 5;
III. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA of 29 CFR part S; or
iv. Informing any other persrm about their rights under CWHSSA or 29 CFR part S.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only 10 the Contract Wurk Hours and Safety Standards act and not to any of the other laws referenced by 29 CFR 5.1, the Ali Head must cause or require the contractirg office- to inert a clause re Quviog that the contractor or subcomfaClpr must malrt3in regular payrolls and other bask records during thecourse of the work and must preserve teem for a period of 3 years after all the wo•k on the prime contract is completed for all laborers and mechanics, including guards and watchpersom, working on the contract. Such records must wntain the name. last known address, telephore number. and rmail address, and social security number of each such worker; each worker's correct classiF{atial(s) of work actually performed; hourly rates o1 wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Futther, the Aii Head must cause or requite the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractur for inspection, copying, or transcrlptium by authuiized representatvm of the (write the name of agency) and the Department cf Labor. and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.
O. Incorporation of contract causes and wage determinations by reference Although agencies are required to .nsert the contract clauses set forth in this section, along Nith appropriate wage determinations. in full into covered contracts, and contractors and subcontractors are required to insert them in any lower bee subcontracts, the incorporation by reference. of the required distract clauses and appropriate wage determirab0ns will be given the same force and effect as if they were inserted in full teas.
E. Incwporation by operation of law The contract causes set forth in this sect on (or their equivalent under the Federal A:qulsit an Regulaton), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be of chive by operation of law. whether a not they we included or incorporated by reference into such contract. unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages n accordance with applicable law. nre'!ous editions obsoete 9 roan HUD 4010. (10120231
ref. 4andbock 1344.1
07/27/2026 City Council Agenda 287
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C F. HEALTH AND SAFETY
The provisions of th-s paragraph IF) are applicable where the amount of the prime contract exceeds $100,000
No taborer or mechanic shall he required to work in surroundings or under wol king conditions which are unsanitary, hazardous, cr dangerous to his or her health and safety. as determined under construce lov safety and health standards promulgated oy the Secretary of Labor by regLlaGon the contractor shah cornoy with all regulations Issued by the Secretary of Labor pursuant to 29 CFR Par, 1926 and failure to comply may resuft in imposition of sanctions pursuant to the Contract Wo-k Hours and Safety Standards Act, (Pubs c L— 92-54. 83 Scat 961, 40 U.S.C. 4 3701 et seq.
The contractor shall include the provisoes of this paragraph in every subcontract, so that such provisions will be binding on eacn subcontractor The contractor shalt take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions
Previous ed-tons obsolete
10-1
Form HUD -4010, (20/2023)
ref. H-dbxlk 1344. t
07/27/2026 City Council Agenda 288
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C SECTION 3
(Information for the Section 3 Report will be input on LCPtracker) 5ycGon 3 Purpose
Section 3 of the Housing and Urban Development Ad of IW. as amerded (12 U.S C. 1701(u)) ('Section 3-) requires the Sar. Bernardino County Community Development and Housing Department ("County') to ensue Ih.at employment training. contracting and other economic and 'business opponunilies generated by certain United States Department of Housing and Urban Development ('HUD') financial assistance, to the greatest exlent fuasitle. is directed to pub!x hcusirg residents and other low. and very low-income persons, parlicularly recptents of government housing assistance, and business concerns.
Apolicabi ilv
As a federal particrpaiiN jurisdiction, the County receives Commurily Development Block Grant (-CDBG-) funds and Home Investment Partnerships Program ('HOME') funds on an annual basis from HUD. These funds activate Section 3 which applies to any such jurisdicton. and any of its organizations, subrecf4ents or other entities receiv:rg in excess of S200.D00 combined from HUD in any one -year The County occasionaay may receive additional fundrg that may contain a Section 3 requirement.
If developers, contractors. and subcnmractors and every Sub -tier need to hire ne personnel Of subcontract portions of Sectwn 3 covered wort[. they must. to the greatest extent feas6blc. ensure that employment and other economc cpportunities are directed to low and very Iow- income persons (Sect o n 3 workers and targeted Section 3 workers; and to e'igibfe businesses (Section 3 Businessi and reourres the same of its contractors.
Prime Contrador. Subcontractor and every Suo-tier shall agree lb do the foVowing on project(s) that are subicd to Sect on 3 rules as descnbed in 24 CFR Pad 75:
A. Prior to [tic beginning of wcrk and upon completion of a tooled, contractors. subcontractors and every Sub -tier will be required to codify that they M;l make or have made best efforts to follow the prioritization of efforts requirements for Section 3 workets. Targeted Section 3 workers, and Section 3 business [exams as described in 24 CFR Pant 75
B After completion of the project contractors, subcontractors and every Sub -tier wF! be required to [edify trial they have followed the priontrzation of effort regw.ements. If :he Safe Harbor benchmark regw ements as described In 24 CFR Pad 75 (see below) were no'. met, cwidence of efforts made to assist low and very low-income persons with employment and training oppdrtundies will need to be provided.
1. Twenty-five 125) percent or mire of we total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and
2. Five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Secl.,on 3 •workers, as defined m 24 CFR Part 75
C Contractor wi't be responsible to inpfement efforts to achieve Section 3 compliance. Conlradurs suWnittng bids or proposals will be required to certify that they will comply with prioritization of efforts for employment, training and contracting as described in 24 CFR Part 75
D Contractors. Subcontractors and every Sub -tier must make their best effons to award contracts and subcontract to business concerns that provide economic apporunrt es to Section 3 workers in the fo'lowng priority
1. Business concerns :hat provdde economic opportunities to Section 3 workers resicing within the metfupolitan area (or non -metropolitan county) UW
07/27/2026 City Council Agenda 289
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C in which assistance is located r. the following order of priority (where feasinle)
a Section 3 business concerns that provide economic oppertune:es to Section 3 workers residing within the service area or the neighborhood of the project; and
b YouthBuild programs
E Contractors. Subcontractor and every Sub -tier will provide a Self -Certification Section 3 Worke• curl Targeted Worker Eligibility Form for qualified Section 3 worker and Targeted Section 3 workers as defined in 24 CFR Part 75. Fcr the purpose of Section 3 worker eliglbd,ty, the Contractor. Subcontractor and sub -tier will use the indrvicual income to determine eligibility. The income lints will be determined annually using the guide!ne published at
ntf•�s•'f t.ry Iri:1 ti=:r ciiv�wrt;,'4,ataselSrL.hlnr. r. In the event Section 3 covered oolects include multiple sources of funds. including public housing financial assistance and housing and ccmmunny develoament assistance.. the Contractor. Subcontractor and Sub -her may be required to follow the definition of Section 3 worker and Targeted Section 3 v,viker as defined in subpart B ar subpart C of 24 CFR Part 75.
G Contractors, Subcontractor and every Sub -tier that feel that they meet the Section 3 business requirements may self -register in the HUD Business Registry, here:
tlo %: ru+ hr l nc+'Srr'31 Business may seek Section 3 business concern preference by demonstratrg that it meets one or more of the following criteria:
t At least 51 percent of the busyness is utivned and controlled by low -or very low- :ncome persons: or
2 At le.3sl 51 percent of the business is owned and cowYonne by current public 'musing residents o: residents who currently we m Section 9assisted housing:
or
3. Over 75 percent of Ine labor hours performed for the business c.r:r the prior three-month period are performea by Section 3 workers.
H Contractor. Subcontractar and every Sub -tier agree to collectat fete time of b,d/proposal. a Self Certification Svctkrt 3 Business Concern EIylbarty, form from any business that seeks a Section 3 preference and that crests the Seetron 3 business criteria as described above and in 24 CFR Part 75 I. Contractors Subcontractor arxf every Sub -tier wi.f incorporate the Section 3 language in all Section 3 covered contracts ur agreements 10 ensure contractors meet the requirements of 24 CFR Part 75.
J Contractors agree to submit a Section 3 Cumulative Report monthry, annually and upon the completicn of a protect Monthly reporting wr+ need to ac submitted at the beginning of each month for the procedutg month Additionally reporting shall be submitted nn an annual hrinis and it the end of each p:owc' 104
07/27/2026 City Council Agenda 290
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C 1,1561 1 ,deiral Kcgist V') 85. No 1891 Tuesday, Seplemmv 29. 204 1 Rui;s ind Regoilawns . lrr,,....... I A,, W I I I I .!'A
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07/27/2026 City Council Agenda 291
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07/27/2026 City Council Agenda 292
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07/27/2026 City Council Agenda 293
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C 61%4 FIedcul RegiMer:Vd. 65. No MiTimsday sep!enyur 29. 2020iftulos ind Regulations lor, to gn.ph Jilt
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07/27/2026 City Council Agenda 294
Docusign Envelope IC: B085BOBC-1ABF-8A30-81EA-CD228F25144C 6 1565 1 voltrAll Keg i41cr)Vd $5. NO i891TweSday SeMumber 29 2MiR,j[._,s and RUJUMITIT'S A
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07/27/2026 City Council Agenda 295
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C bl 3M Fedecal Regi-Itri Vol 95. No 189!Ttiesday SqXombLw 29, 2020,RdleS arKI 11""JUlallOnS jimi'm
CHAPTER t-OFFICE OF ASSINTANT
SECRETARY FOR EOUALOPPORTUNIFTY0
DEPARTIAlif OF HOUSING AWD UROAN
CHI pmt 14 1 1�11.,,..
M 1 1.1
DEVELOPMENT [AAWM*'Ol
24 041 P.W 75'
111.323
tK,
g, It,
..74 C .R I I 4_1..I'Il...jdmj:.
It w mj
III— Z'I Chk
PART 13S -JREMOVEDI
Ij.s
IS1.423 IA.-dq
(III. n
to, AlIl"Id 441 4_.;Pj; 1
PART 2ff—HOUSING FINANCE
L,
....... .. I
AGENCY RISK -SHARING PROGRAM
A ..if
121
it,
FOR INSURED AFFORDABLE
th.,- k" j, Y, wlilill,ld jullu V,Illt
PART 32-HOME INVESTMENT
MULTIFAMILY PROJECT LOANS
1,11*hl d""I""" In
PAR ITNERSHIPS PROGRAM
(III .,I thl. -I b,
=,i2ph
W'ItAWIII .,, III, in., 1.o1
I.
IA"11
im
0; A 1-11A f 1 1111.
1(7 It 11111); and
hq A
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1W.So R*C--*WW"
PART 570-CCMMUNITY
57s.33 C_"
DEVELOPMENT SLOCK GRANTS
: :
I .... W
;70
it V.t wt.01m
ll'-witog Iii,w-m
$Itfll IIr1:1:;.;,1_II;..
a :,0. 4 57.)
j";N"
PART 93 HOUS IN G TRUST FUND
i i I It 11 ir, _I .04m -1,
financial :n,hLn.e,x
ttl,. k,I Win fie"A
13 570 E97 lAP1enWdl
a I Alm I'll
da"illim.
24 (:rR 1, 75
A,Id III W7 1, blll, I
m
PART 574-HOUSING OPPORTUNITIES
anJ a.in 44..l . ... ....... Ibna,at III, Lnar
thmgh i'll NR-0- (all.11.. 1
FOR PERSONS WITHAIDS
f 0, 11-11111 111,
9L
f
OWS11, IIAI
I ...... I .a lulinaa,
PART 91 -CON'GL'DAT'D
_1`1 -kil
S U MISSIONS FOR COMMUNITY
P LANNING AND DEVELOPMENT
(.111 S)l
PROGRAMS
pi- �.
5 on
u 14 1'. r., Aaph I� it I0
�ddltlll.l
'!�j k h) 4d.or.
7S lfw, If'-' 11h, 1- '141 1 R
PART 579-4EMERGENCY SOLUTIONS
GRANTSPROGRAIM
An en,t .012 I-St'l ik+ ... ....... . C-24 Z I f FR P.w 71. .1.. h P..it F*11,.d,&L41Ir, il, it, W :l. ik,-,.g "M th K j r 7
t701W
111E
07/27/2026 City Council Agenda 296
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C 61367 FvdvrAl Regmttr,'Vrf E5. NO 1891TUCS43Y. Seplambe, 29. 20201R,olus and Rogulal*ils A0hi;!;S1.
1571,407 (A—.*4
F-4.-.Idl
■ A I,t 4 U) it.0 h . ......... I,
PART 574—CONTINUUM OF CARE
9 964 129 HUD P-,y - lr�k*j
PROGRAM
nn«actingPART
100.—NATIVE AMERICAN
HOUSING ACTMTIES
d UAu,. th-1,r—itt -1:1
Th,
A01.1.4y 17W, 1-11
1161 ,"1 PC-,
j I..".
a 3, K 13011 $2 I-v-1
m .1, J'!
1 fi—no-,
1.01
r'i"R -.24 CUR 1,4 V
th, t1.Wk 4
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(:FR:1.117;'
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a,-jj,,d 0, 21 C" 7' , 3)! 11 , It
PART "S—THE PUBLIC HOUSING
S,c, Ii,ts, Ilclf. I
-
!Z-11111—
CAPITAL FUND PROGRAM
niryn,rl"t
txll "Ih)
th,r I.N., Y,V 110,i 1
III .'U 1
te..,,mtr A,—LItt- Act 1.—, 11 'A.
,zw
PART 933 —PROJECT -BASED
"Al"(1.1L j ,, A0. I
Alo_ikv: 4,' 11 % I- ! 417t. I
VOUCHER (PBV) PROGRAM
WIf'- I—, 4q4,-,I 14 11,
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w s tith,
sm.31m P-0.4
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PART 964—TENANT PARTICIPATION
:II A -- A 44111 1 b, re,wnti,1G th-
AND TENANT OPPORTUNITIES IN
PUBLIC HOUSING
RI II,.-., ,.,n,y pot d.,
W1111I., :. d—O"PRI'll"
07/27/2026 City Council Agenda 297
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR
CONSTRUCTION AND NON -CONSTRUCTION
CONTRACTORS
07/27/2026 City Council Agenda 298
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON -CONSTRUCTION CONTRACTORS
itw AfTrm4ln'e Acton Cnmpksrv_e Guioe inos I•see Utlm:
dvey+led :o pro e. Ccrbacl f$ with mrorna!nn r.Al,,ary
ro comp, wsln Federal reyu+atwrs found ender Tiae 41. Pan rt) of Inc Calo C' Fcdoral Rog�Iaaors It is Ito' mlenl of 0 gudleelres to a r.re Jr.! -quit glprMunny .
,
emPNyrnl is Prart.red by thA Convect, w91ne rrlyarlto
ra«:, cAo,. sex, rekgw . nafwnal orign, disability arxf sotorar+s stasis. Tre3¢ guafalncs Ixordo the mctOnxif
IrMrtna:km naca nary In I:omply wit, EEO aril affrrrwt
aeon wgw,r ,Cnts. uxuciog Ire pf pa's,r of an
AKxn+.mne Acton Fsan inal mnvites w.:n federal regulations rogard" Aff atwe Aclmr. fdr bnt¢raly assrs[M ^.rrccts
C.,vact:as a. !urged to wrilm.t Inv ,ng+W.mwnlir>J em ty ar the U S Departrrew of t.atwrs CeIce of Frxwr:n C::nir-W Compianc¢ Proga-«ns (oFCCP, officer :or any r'.ec¢;sart t-^ctu l a55KIJIIC¢ m mecl" Afhmag AGorI
rw;u:remerss I :ray are runs-dor.11q wdd:rg r..I. ifrs
nn nIt
I AFFIR%%kTIVE ACTION COMN IANCE PRCGRA.A'
A. Tre Atfirrratve Ac:Idr. flrCgmm ertroodr-s d•.e
Icou.irg p6rciol•
1 Discnmlr4;on bt�ca�se of race, ccfr.l .vje. sex.
rotgrxl -tonal orgin. m n'-A statas. drab Oty
-I..wl s stalls n :xK:skml with 11,A
catitilW.a1. 14ws. and M'.'.'�^-s ut om Umtrd
Slatas SWe or Cif -,a r%r: S3r 9trnxd+ro
County
2 Thv s cor .tied 10 nosu
taut there ne w liscomnl Too by reMws.
Contactor„ r.ncbalr9 Prorassicral sr. rrsrs a1v1
rnns:r:;vn9s 1. lessn-s. or lessees tlpnq N...:-ru•:
with It:e xrp'.rvlantmg en11y
J Cal:rac:us ar::1 .riutxnulracY]•5 agrrw lu lase
U!fimvwru Fml.wato: achcrn !a ^ire and P-.nxxx
workers who Iradn4lna1Y hate cevn CK_11n1413te'd
wj3 m t n the wd marker, intf�d:ng _rl
mfr m., 114',kL cl er:d,rt At", and
rel:q:�:s qm.,n, irdl dues rw,In drab l�: •+. and
rcierJns
S Affan:dr.e A:3:1rn S!¢p Requ,rem .h Iw
CCq,57RUCTI2N Cnrdraciors and stArrrnlraclu:s
PCY .-m alfvn+almv acu" o re 41."vnl, nalr.q.
Graf Pm_mn:4rn o nsqu:roo by Ccrt'ac cr and
Subcemractcas wilo have entered :mo a led -,rally
as"ted uoo to`bor, or rrort-c—t tCboo Col:tract
that e4c—d Sill, �In Or S70,COC n Ye aggraga;•
:n.!r 4 17.-rxwrh Iv1na'a!
2 Ccoir ..Im5 lod S-b000ll-wl who ~ 1!0 a
CpyttRUC TION CONTRACT 1
: Avows of
SIO,t:OJ mu<I Ltk. Ifi ,P ,ific et71rtiinvv aV:
stvpa to ecsure CQL3I eRlppym4nt oppoMrdy.
Tlt..sa sta;.s are ncl.xled ,n 41 CFR 67i i (w I ri
and are a'so M. ..Uded W,*r-SWnJanl FWjWel
Eqi Frnpinymem OPr4xarnlry Cons:r:xopn
Cax:tract Sla r miors' or AIWJIWnl 1W cf the
b,4 :a_kage
C. Vfi7oaZT K A,_Ucn Pt., req•.r+nlrt+enls for ` ' '
CONSTRUCTION Calfraclxs.
Al Contractors wteo bare elxrred irlu a YQh
C'1NSTR.JCT:ON CCNTRA..- ano wno 1; 6o.
ousxless m tnc amo•:n7 d S'iO.DOO a awm w In
7•e arplenx:nt. ,, en:.ty r, amy one f--i year
m-A 71 employ SD w r—,-A-y rust
d¢rMcu a wnl!an Aff. m9 a Act- Pnu'am
wrh.,n 120 cars aliw the c 41!-ac: award d41..
2 All 5..5comrxtors re, r. m3 wAces or m4ow,
W a C_tracta !n du ama.nt cl SSO.TAO oe more
e:w employ S() or more em0gyoes, m::sl dertk:p
a xntten Afirnpfnr. Aclror PICW—'4+Imn 120
days aa&, It. co -tray —wC dale
D E.w. n?nen;r urge: At CFR 50:
The follow rq P¢rsnrs: cclb'XU sra:l ee exempt 1mn•.
tn., Progran'
A contract or rUr1v.4 4 a C;,nlrarbr trai do rcl
eaceoo S 10.000 n n;a atxr qw. orvr A :2ar.:r+tn
peon.
2 Ce:N•aas 4. %M r1, outsdr III. Unl:ed Stales
3 Stnie and Local GarernnlaYs
4. Ccol•a•_ts w:m rel:aln erlt::a:Y.na: <1 sl.w1*rIs
5 We* oo or ren•. Irrkan Rasenybwu
6 Speceir- contreci and fac•klns -mA- d "e:r'Tn pl
DK,4 Assn.tem Svuvlary
7 comrJcla wnh raJ g,cus crt:t«,
B Nn:nr�: �rrA,n'r mr:lmcLs
Any Cwd:.u:!nr rW xr I.elJs ylWawf Yx W1 exl:ns:la;
shcuW crn:ael it. local C—t"a Cone .ce O1fter
m the L' S Depadmert cf LWors CFCCp OITirer for
r,,(umr rnlnmlalicn
II SAT ISFYING AFFIRMATIVE ACTION PLAN
A Alf mvl:r.r A.1w 1 Plan rwyu:rrxlenl, for NDN
CONSTRUCTION Contact s can 1. me: lhroo.3h vY
rollowing.
Ccmpleling a Ccntrxt CCmPI.anCa LW ff-2
Report for ton-cnnafrocUM Contracors and
Verbors. gefer :o the T:n`1 buW :n th¢ 'Acmt ova
Reguved Dcaxn4nlvSarnp4l 0x:rrvl1W selfan
of Altar-hmmt'D- rN !M bd PwAageI
2. Completing 4 Cw U.Wr s Afftnrwlwe Acean
Po"; mc'w.Jrg me:f1'Jd5 a lama:ng mc+rx+l:ss
aM women 11 rho GC41t13Cl01 does n t h.,e .a
own Aflemaa% A -doe Pa Cyr t may awpt it.
Co nt'is n dAi Alirnna m. Ad. -I PrJicy l(reier lo
tre kurr: fcu:lu r. the 'AdLdurl:d Rxgi:red
Ca UmentLsamPe Docu• erts- secs» c'
Allaclrlcrr<'0' of th¢ bat .-.ackagcl
' ++na Fn4—g Federal ARhv %r!— Ran quidelmes mhch conr,.Ny 'with tre rrqu:remr. its G 41 CFR 60.2 10
:'age 2 .14
07/27/2026 City Council Agenda 299
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C
DEFINITIONS
un:ess a Ilrcr.raon d A cams-! .1her se racRrrw3.: a ar1 ++ n'e wscaalun hear wi, s;n the cm'Iacf G -o-cw* DAncttw. OFCCP. U.S Cv.l. 01
Lwow, w any parser to whom the ()-rrw delegates
autlonty to
r, 'Employee' cream crx; wf+o pe.0- wak i�
crvnpaYlsalior. a a pR.san Aft s pe"j-"ly w
fUg:Aariy e,npioyed by d+C C-IIACl:.1 0f
Subcordiactw
"Enlpbye, Iden:.fza - N.--bw' nrrans the ederal
1r ! Security N,-Lx,
J. D:sabh:y means any nc.4-11 al who
i Ha3 a Pho'A or wfw: rnipaim:er!t. whCh
subslarllialy knils One 0r mere n'Alw hfx aClhl'_..
of xxh adi..:,wi
7 !,as a rewrd a suer Impevr.+cra V
c. 'Imp'Rrrenle,g Entdy rt oars lyabh- j_lisd c1m, a a is x6n:n,stenn9 ne cnrtrarr.
N M,,ux:ty' nck.crs
1 Btaru (AIr pclscns haling or�grs m any Bad.
Air can r.1ua1 grra:Ps rot 0f HIP- w9in):
,sla n. IaI' pe-. of Mess an. Puedo R,W1
CAman. Central w SW1n Arner"A Or 01ne1
sl-tSh Cul:-w cng.-. regamMss a'race)
3 Asian a Pwfc I;I Ander Iinl perscrls -anng
-w . a' any n! !hr UN't-1 Iw`r,i:'',«. d tM Fxr
Earl, SOtdt'eaSl Asia. -Ile kd'an wLl-I'l a't or
tcR PaofK hlaMsj.
J N*+'b<an Irxl:an. c' Alaskan na'l- la!I Ca 06 s
hay.lg on*, m xny rA In" -5- pecyses a'
W-1, Anle - and nra:t A-19 darbf-t:'e In"
a"i'•a�.rrs jln, ogh mcrOoerho and partcpa001I
in cm'mUn::y .1Rr1.5ug en I
fl -W., lISb1:C!or. ccn!-iCf n` WS ally pa+:tact L+ei
d0oa not fat '01h.n !M d0f A`00n OF 'Cw+s:ne:b0A
Cw!vaG"
O 'Ofhxr' "ears the c:ntru,t C-Fame OKrr_r c1
:he ilnpj,m m+g imwy w U i Depannml Of is U
CMxe uI Fnr adal Cot' 0-1 C-001ce P,cganl
!OFCCP! Offeer
P Persons' n-eans ary, rdirMwr Con+. co-pvulttsr+'p.
pubkc sa,• e. jest ventufe. assaoatas, serial deb.
1tA:Mnal or94mam- wgaa a{ . esW. !n;sl
:xener. syw Ate CITY county. rr3ln K(.+al
m Ural l dsl-! w ollu:r puk:Ka! stbin:sfon, w
an'y ether qTW U'.OFIL•nai:IXl -I- as A -A
D. 'UndMUCIe,A1-1 me313 nA'r*1Q !!'wee mlr:ra w
wonen m a pmbcu:w OD classil':cA_on i'.Mn wood
•e wnatly be ..peeled by I1C11 -KlbJily
R. :`e:ram-Era Vetera^" rlearx a ;.w� •: wnc.
ac16aI cat'or A gmud Of. tram th-
+ful n.), xny pAn of reh rh nrcarred beroeen
Au9:sl 5. 19641 arni Alay 7 1975 and was
d1Scn2I6= 0' m:eazcd :rlolel'- with Uiler ",an
A dlArff rAp+e 01-0i.-O. Or
2 Yr'as d:scha yod or eleased frnm acme d•Ay in, a
scrntx-arvv_ctcd A alxaty d any par• 01 su:h
-cty was Angus! 5,
1964. and bfay 7. 1915
J is genetalty regafd^_d as na.Ily s.cr• a.
arparmem
K-Erlpbyer ldeMtK-W, Numb.! :rears !nw FMaal
SOcal Secury Number Peer! 7 i a
1H
07/27/2026 City Council Agenda 300
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C S. •Jialat— an0 Appeal Prxedu+e
A. Coll. -actor 'a :.d ill vdalwn 0` equal
Dpsrxturxty.'afhrelmne adnn 'aws ilC De :efened
Ie d'w US ❑eparl—t nt !_abwr GrCCP
Dr4m �ms, and rw SNctn: Mr L4[ar, A
SDiiptc of Lab- Rwatiom and CMI54R !�•Is
Poidnal Sdre:mNvs wO Rcq.mal A.cn0y alo
-1.1on[QC 10 IAL:e linkIcall-9 Pr•_<oecn91
0y f fr9 a cc n: and senmG --ha: LT1 I lw+l ;D
tts Cont: arf:t (deflnoumj . amaoa.:e N,..I
Dii-ell-le-s sal (rxtn m 47 CFR 50 :705. The
:Faint seal curl+a.n uik;n•4!o on deg M.—I
iaotidn . a pra(er re9.16nq dw MW t-19
s3 gh:..lyd ate, A— &no aft-, ;'UV 1110n1eY
._pr,,s ,,t: , lane Go''ll"ent Witten 20 nays
after tccexwlg :ne cunp:ant. the de(erdant steal
I'l, im a^saver wIll the C-:ef AdrlinstmlNe. Lxiv
Judrpe i the case has rr4 :1a*n assyred 1. as
Adm:rr;IlaM:e Law !cadge
Ire answer staf —lath a atsxtrori nt fl-e tacit
NMct ccnslnule the 9-111 of def, r a^d s^a+i
f i speckcatly Admd, explain, or deny earn 0( Ina
`rya!ors •.' the cLmdtenl w+bss Ica def*nda� t
w4nra;t 4rrr✓*Age, r 2) smile It'll the
delel"am ad mm•Is all Ito alegatans cow nM in
corp'a,rdm
. Tre amw may coan a 4aM1C
for a heanry arV d ndta s4p4ra!* rap paragh �n
:M ar9 Ner shall r* fMSI a ne g The a--
,dais _jam
t is name and add- of .•+.
deleodanl, e; of d!e aVL—y reDtas*^ar`9 L'1e
delaMani aJ:.rr. ha roe 3n answer dr p:ead
Sp005CdhY :0 an al!w!tafi Q' The rpmpwm sala'I
'-w st :ti,e .lit a�nl Ss— of ?U31 a'.I4pa1:Cr
S ;:;.f1ir0L:rA 39-oo ID ally c dlf mlt ilia laws and
r.+orjrama lincladirq ri 9pf.!4M1 swell G+rsllan: ;1lcretD, de,i l .d Herein S+ h r pfiarre i rea.lred to 1".
D rent sx aws. yogrars and tms- r yi,'a!u are. Sy
me:r L m lemts. acpllcacle a thm cW lraei. Coraacta
narcams Itaf Pe wnl mace Nmsetl 0,0v+:rahy famdnr
Kill, "W JDp .tw w.'IrnS Of said 'aws, Dfp7ar^f.
sn7 mquat;.^nts Pits, to mmmo, c. q PDADh1ta^cc o! fnD
co;;.s O! said I.-S. D'C9renls, and r*g:idl X.
.are _3,atk o{ legt sl from the *'Oernen►riq
eny :. Co-Irw eolr.D arre Officer, or `r 1, the U.S
Department d Labels OfCCP Officer ID file Q men:
x1ra:�cafrla the pres¢ro cl sad law: prc9ranS and
'e9alaflors are oesmed t. be a cart Of ttHS Lifl:'M: M �( hiy see Inth M(en
4 Vii Era Vaierans Ms+slan- Acts Of
1972 We 1974 as amer•",.ed P.b L 92-540. Tama V.
Sec 503(al PLD L 93-506 Tee Iv. Sec 402. i36
JSCA 2011-2013),
5 RehaoJ Wien Act DI 1973. as amerced (01"1`1 ih•) PW
93-112 as as ce,r (2911SCA 7C1.794)
6 C30olnia Fat Emoiloti Procne* Aa Label CDee
Sec 1410 Q( Wq
S. Oil Rg1ts .kf of 1964 as amended (42 'JSCA 2000a
ro 2CWN 6) and E.Wn,a Ord t No 11246, SOplc l,oe,
24, 1965, as amended.
-a4.a of4
07/27/2026 City Council Agenda 301
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
EQUAL OPPORTUNITY CLAUSES
The Contractor and Subcontractors not found
exempt under 41 CFR 60-1.5, are required to
comply with the following equal opportunity
clauses as a condition of being awarded a federally
assisted contract. Each nonexempt prime
Contractor strait include equal employment
opporlunity clauses in each of G'rnle to, 9'fpiiynlpm
(4) thief Comfadcr will canply wit, all aorrs+cns of
Expc`'.ve., Order 11246 of Seo:cnlax 24 1965 aid nt
the n,les regulat.rs and re'e%W arde'rs of It.
Secretay of Lab::,
(5) The Cortraci t wl: fairish a!: Ilion. tion and (,sorb reg;,i,ad by Exenrtn'e. Order 1124E At Septemoer 24
1965. are by ruses. regalatars and elders of :he
Sevetary of Labor pursuant !re'eto, and oil pem+d
n ex 1 rd
access U h:s nook,. rerxrds and ac_nls ey Te
adminm mq agency and Secretary of Later to'
purposes N lnvesngalor to as:,e:.an compliancy -it,
sum nu!es Forulaborls, and oralts
(6) It to evunt of ate Corv1 m Im'a ane, w-
rhe ronarlf,'mmil1 n clauses cl ras convacl o' w'd•
any of s.h ides 'egu'a:.ons cr orders. INS conYa'l
may bt c —W d. lamtiralrrd or sus;arrded In wr.x
or in pwl. and 1^. con:raclor may oe d-ctmwf
kfel.gibk, fc, l,nre' Govrmmenl contract. in
deccMarce wln pried✓es art^oroed rn F.xevtse
0,,64, 11746 N Septembe, 24. tY•5 and such elh'r
sallr;AnfS may bd Im,?d. u :file rdr x- irwkrd a
1r.uvided In E.ecuivr Ora!, 11246 0WJ*Ier 24.
1965. a by rule. regOabcn or cider Of :re Secre!ay
or Labor. a as ahetww.e prowdcd by law
(71 the Contractor w:l + J,Cre Ire proriswns cf
paragraehs I11 thri (7) r, every St.Y.on:tac! cr
purchase aver' ! y roles regelalio u
or nrders of Ihe- Secretary of Lar—ssuxd p,.rsu:ml 10
Sir -I- 2.04 of E.ii Older 11246 of Seos mber
24. 1965. so that such pro+sclrs It tc b:rrh q :pen
each Subcon"Clor or ymldo, ine COMrachx wits
'axe w_h nctan with maxi 1, -7 succcr.!raot :a
purchase ceder as :he rz«h!facr:rg agerry may d1
os a mcrs of v fn mg sucfl pmrvislnns ircffd+sq
:aiKIA�S ror r-0nLCrnprlarKe. Prov,ded. 1gwlvre, 1111l
In d'.« Loom tNf C,:nlracicr bee T,,,. ved in. v .s
itv..1"e with. I IiGabn with a S,bcom xto, of
'rdtlder as a resuh ch such d.ei4on try Ile corvxa i fg agency. :he Contractor may raw": rat, I.W cl 5!aats
nr+ler iM, si-h I•hrf,ftxal In p',A-1 Ira r.M•ese, 1.1
IM• United sld*l
TII. apo::cart frirl «: agrees Lna:.I 'a.1i Iw hu,rd 1!, the atese equal apportori clause Mul respect to Is
n af*:p o1Yn«rrl XXII49S when pa^-GPads In
feoer3sly ass,s!6d c.r,;t.clen work_ p—ded. mat f
IFC a'.plcar! se pHnK:wtxhq Is tl ilai. of li
gr;vrmmer!, me Atom equi oiprxhunxy cause I
I'CI doplCat,k III any agency lnslrrr>en.'YI!y r
subdivlsan of $uch 9--en: m.-..h dces rca
par.0oae in wort on or urde' lit ern?9act
The applrant agnfes that .: will assm: ar'd cUCwyr
acti 'Aim IM aer,rist-ri agency ano the
Sacrctary of Labs n eblar-ng the c—P'— nl
Go,itrar!ors and 5uhcorlratfcrs *.Itl the Mal
opp,n,wiry clalne and lM rum 'eg0al,cns and
reievdni orders d " See,elaiy a( Labor. ,rat it a4
lemsh We aceacy x 1 th« Seaxury of
Later in M1.3l1119 the comrb.-Are of Cw:hacl"s ant
Subcootrac!crs with me cqua: oppof'umry c'ausc -In
the ro ,S rcgai.Jorsand mlevanl ordarf of Ire
S«cmbfry nl LAWI. that It M'l h,nlish the ad1w^.11
ara,frx,'y arttl Irm Secretary or .atom —h Won,_acr
as they may req,ire fa 1V sjrF nisron of sucJ1
compitarce. arid that it will oN•Ie: s9 assist the
admmtaenng agency in the v.crxge of are agenci':.
pnmwry ro ,: .h4,ty fnr sea::r•ng rnmp:l^ci,
07/27/2026 City Council Agenda 302
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C the apphraM fum:Cf agrees heal d w; l rafraat ffa!n
etyterkq ,w any ❑a:lrarl o,' —R—t -.-W'nt'—
suejecl to Fsecufiva Or&r 1,24 cf S.plalot- ?4.
1955. •wh a Contwtor de Waned from or who has
ntN demandaged cwm"My Wr Cewefrht.. l
�nfrac 'rrns -w
ho:hrq rer+.x, is intended to relele the G:+vacta
tram any regvfen'ems ,n Eaecu!r,•e Crders a
reg,.LaIIMS ntgardtng normscrm nat!dr
;4) The recoils tecu;w b'J w',Vfaph (2) it ea•s cla,ne
shra -We tort not be holed W :anodic reports
touch dealt ca Ned al bast rgaarb,ly 'a+th !tee
aperoprrate Iced WT— d. w•rele the fw;nlfaC.a ras
rrUra than one Moog iecabcr 1.1 a S.a:e. w,:h dac
c—ha, al',ce of tnal St.,. Ernp:oyment Se-n
S,rch recof:s shah :dlcate fx eac
h'—vl .
to) Iha numb¢! of ,:ld vaiy!s hiw cl—'g :he
ript;rur'g pared. (b) the ntncor of non-d,saba^.
v!!imans n!:rce Vw-1.1r1 Era Nred. Jr., 1f,e nun'ber of ' 'i,Z- -illins o! the VWhom Era h'I", ant to i
the I-mli nunbur of d,sabled 're:erars hred. The
rrarrtt sr. sll .1h,dr. msa,M veterans hi:M Wr or-
tt -rsab trair rvg uM., 38 USC Sec 1787 The
Contr.�a shaft -L,, r, t a tepo t vattdn 30 days AW
that er10 of each repcNng period where!,• are'
peslor+,ancc s made an !hrs ctfa:latt gonh y;rtg
data to, „acr. h.rir•g Th,, Cun:fa.ax shN
mawain at each I':rng to::;sn, copes of se
rrp m S,,brrll-.eC urel the .a.-:ibm of p yNr
atux Mi., payrxnl under Ier; mlll- 1. dung -Nor
I,— t, rgpx!s any reWod documattm chat
be ry-de aflsabie, uper rCCuesl, a c-a—mates'
by any autharima rrroesf!n:a1!vn cf tt'e corttra,"
off— a of the Seuv. ry of : awl. poaunnrtaton
would k.If char oersrna,d ,ecurds -esp•.+:Grg ,nn
"Pe rl N., f—' Azment and Ixaca!m.1
t5) whetw-, it. contra tot uwcomas :.truvfuasy'
bw1c to !nc ks019 pr" s.- of W., C'd1N! ;I Snag
advise I- emoloimen: st-m sys!e n each,
Swa where a -as evab!.sh+ ,,ts of r^e rl'ame 3x
focal w of each r,ru•y bxwto•, �n In, State Ps Wog
as ne Can,x:or 66 contnc-,Wry roo,,d Ic: best
;mo,mfors arch has w ads•:sed the Stay system.
there s - re=d :o adv,$a the Slate system of
wMertuent collfads The C-Ifadrx ray ad -:se
Ina State systv_•r -when H rs ro !rs-.ger b-I'd ay can
arlracl taus«
15: This Clause dL -4 aprAl to Ihu W-9 at
ent?VJymen: apen-3s. .a"cn ocG' era a,- 'Fed
'Owe cS :na 50 Stales. Jr. 01s7ra a' Coturb,a
P-w . Rico Geam and he Vqir. Maras
07/27/2026 City Council Agenda 303
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C (7) The PfO—I's �f Parayf.PM (2) (3)- (d) and (5) of
tnls Idala CO ncl : •Jvun:.-e w,:P1:,f:nx:K
11:.AJ'r:od cs tled velerani and :etefaas -f '.I*
Ilbl Tno Cohuwlo' wd; —,ud: To pfzv+ CnS 'H rls
clause n ovary wtfix1-:1 or rera5e -40 O
310.0(hl r.r mere Imafcs --yved ty ruffs,
reyu4 t:o:1. or aders of fro S--&..ary isnl.d
Pursua:ll W :11 Act. s :.at such ;Irwsho•:s w:t tc
balding Lpcn each S..txonhacb- cr --d- Tl•e
C.-nl'Rcl x w+l M.e slxh acbon w;th respec IC any
5,tconlmd x purcaaW. udt, as Pw D1mc:or Pr'.
or ce of FCdcrof C1--r•7xt CO nP!iaocc Prcyrams
Tray h,-: to e•.11wtc s,xr: wh'v. ors-LdIlly
aLtQn rq. tan-LrmPianrR
P.w i e1
HIS
07/27/2026 City Council Agenda 304
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
EQUAL OPPORTUNITY CLAUSE FOR
WORKERS WITH DISABILITIES
This 0G a er Wll p+xsu.ntl tc the P.. ,4,f.tab r 1,1k n rt arrmrlwnr.n -it, the rU.l•1 tlijU'dllgl alkt m1e/ 1 etdem of 'Jte
SeLrolhrr rIf lnerf Is_ucd ausuanl to Ih Tut.
P.ye d of fl
15; Tlw Cen:r:r_kr aWooe to ie,! ;, cansp< -s
plw,as r+arabta to enpteyees and appli-_ants t11
tmptoynert. ^ebces In a fom, to be prestnbod by
nse Ddedxpm'eded by or tMo.rgh the c6nlracbr,
off.e -
16) Sa h .nd.cxs s"i state ono ',cmmcter'3 oHgati '
ands+ Iho taw Iu take aR rrYuve ac:Rr to ergooy
anC adrarce �, omplcyn.vlt yhM'. d dsadc:
xmrdn7ees ar:d a„plrsnis tw emplo)—m art fie
rights of a* nw% d « r.1 yers
17) Trr Cohimcbr w.f mt1ty Ca Jl labor Unicn V
rtprnser!m,vx n1 :1.— wnr whle.l d h- n
cowclme ba"q 9 agretrert or other con:ract
uh&tAnrc r,g.:ha1 Me Cwnraror is bound by the
lefTS n! Sc J— 503 of Ihn kel abi4Uhk Acl n'
1973, s 0 if n 11111-J lc labs alfnnebvr•..It-' 1-
empioy and adarca in emol:,ymenl p4yu-0v art
mmlalN drsameo "KI.-A<w is
i6} the Ctxdfa_ICf w-H klv:tde the ;lrov isrCin5 ai Ira douse ,n r,e v sub.-.wliracf , Cuchase order of
w nae .mess eaempted by Mas
rl yfda!icns w orders d Ire 5+c'atery Issues
aursuanl lu Sed., FZ3 of V1. Pr:! sn MA su"'t
pant Ms wlu rc c.rd.rg U.0,1 each S-b_nnUadw
oc vendtr The Cantracicr wdl take such aclon "h
wi;wc to any suxordraa o' pw'chase crest as J*
Daedor of dta Ofri rs! Fedm 0 Ca•Ar;fc:
Cor1'durce Programs ^lay olrecl to wltwce sucf
pfa isims. ine:n"N a_hcn for ro'ICcrh:bal—e
07/27/2026 City Council Agenda 305
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
STANDARD FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT PROVISIONS
(EXECUTIVE ORDER 11246, PURSUANT TO
41 CFR 60-4 3 (a)
Aa ,s d n V+«:,«, spP,Cihr glin^s
a 't.crerad ales' ntnans Ira yuo9rayrw:;.1 xea
descnb«d n the sefcnat,on hem which :tm,:
,crbalr Iesti'Ra.
n 'U:ruc:r.T meals Oavctor. Office d Fa�Jral
Cn!1a 1 CemplurrKe Prn{pams. UnW Slatei
�i`fNMt«rY cf Letw-. w J.^.y Person »when the
D"civ delegates JW! oray.
c. 'En,, dnMMatm number —II- ma
Fndarar Sct,A S,.:,Vy member uawd On the
Employers Quaow Federal Tar Returr U S
Traasurr Daps;men! hrm 9a I
d Allccnty'rc.'udes
Bloc. eel'. ;,erssr'o havNg otlgns n ar:y of
the 6Wck A!Trar+ ra 1 9rnuPa ro". of
Hiscan!c ongutS
in1 His;ranC (all rxrsrx+s cd klea+pn PxTb
Rican Cubat, Crs'ltral or South Arne! can Gi
Omer Spanish cdfure or o ;g regardless
of Tace)l
!rol Asian and Px-k. la:arnlwr (*1 nersss
ha'.Ng C g ns In any 01 the w 9rw DeWes
of the Far East. Snr:ihcasl A-va. IBC ,Won
St4xmlimet, i, a Ute Pau fie Isiandai, s:d
tiv) A ;an Ir4m+ ar .Alaskan Nmva (atr
Persons 1•ari-•g n,qs Mn arry cf Ine oTg'na'
pl`.P1 ,i of North Arno- . arW rta�n::lni19
.&Wd:abb+C :nbal alrYmt+ Itm qh
n amf:e KP e^.d Pam+ ,a'an or r„-bm unary
IdenlAfalin)
2 ltiTen w the %nrr!rACYnr, or any Subrnnrrador w
a f Ver SU:tien7aCis a pptbon o' me Wo.'k my *:ng
acy cons!ru6w Made. d Shaft pl+ysrcaly nrk,x M
Cad' subcontract :n cams u( S'!100j tl1f: Proaaiou
of rh— ape k.M and the.• t4O11Ce 'wnt(r•• Cw:fa+nA
".e app:Kab'e 90.1, fin' +n::Wn1'/ ar}tl f±m llC
pz'n.paCort:Yld'Mlch 6 Set fund at V. SokCAaliWS
f'^m wrKh !his rA 1WI r%uled
:) It aye Cw!,JClo+s pattc Pa:lN 1pv w! 1.4' CI-R
N'4 Si r, a lkmr!!p vn P:an acprared STY :hc U.S
Dep.r1n 1 nl Lr:w: .` !1,,e fn'.,red area *Ater
, d.v'nk:aay u• :hlotph an aFsx.In 1 its aff.metrle
action ob!gabons cn aft rrrk -n the Plan area
(n kAx g goals arld timetables) shad be at
a 0,dalxe w Yr :h« 1" 'er base !rarins wfern hare
downs panlctpatirg n the Pan Gntlbac 5 11W. be
3H. tG aenl::n iha!e "'W' Pan_,wr?ion n
+
rrrnplance w+m he pro's-1. of rtyx.ch
Ho,r town 11'lar. Each ComraCOr Cl 513yo1lraCW1
{wltici,a:;r � i .1 appro.Jd flan n nd+velua/y
naGv:nr.- :O mnq:�y waft iV ulaigatins :.rN;er ;h« EEO
louse aM :a make a 9ocd fa4rl efton ;o achieve
each 00.1 under :hc Pan .- eacn trW4C rn wtNcn
has emp4.ye Tle oraai gdtd IJ.tr'. pednnn srrl
by o'her Cnnlractm Cr SuLCmt a ` rs tnwntd a goal
nt All 1:•4rnved Plan ones col excuse Jny c ""'
Cat:ra.acls or SubcontreztCl s f+liurn to lake grad
!a+m n:laLs to acfl!aw P.an r,�r,a• Is and lut, !.bles
1 The Ccn7actor sh:W mplemeW Ina apecsz
,franrel.ve ac:io-1 s!amlards Prarr;fed m paw: �raplrs
7a tfh,, + h p or L,oso TI. gcra:s w.'
!-h in the snkolal: ! i. �h It+e Con:Tao:
fnsu!ad are e.pTeswf as Fwrfrntagr,, or. Ira term
hour; ct empbynx:n: a+W Gaming d minority arw
!e;nta.O utdn_atlon the "rlr LW st.Ould real tN u
,he ahle to a h— n ench fmslfl+Caort 1:ade In
»tldl a h- empilyl In I:'- —1N area
Carved aWlcticn CntVa_lcrs perEwm J
I:erK11tC!rcn w A n 9a:9ra0•.1:4 Gress -I-- mey
do n:A have a fefderm or fen"Ity aSers'JI,S
ecn5tluct+c1l retract shall apply Ste mr t, and
Innwlr gn.M,-'Atii.5!led fpr tan 9eograph" an;a
wtrul.' I:w _k rl :N>rg par`.Crrre9 Goa,. are
pvtdlslaxJ f;,et,,d—Jy a ew FEDERAL REGISTER
M flnfsca furor, arxf s,K roI.C" may be alrtat•
hoot any Ofecc of Femoral Contra: Como—
Pngams offices a tram !cdnra! ft o remeM
rbmranknn Ofresys The COn:rJc!w Is 9apecled In
make sucslarb Ily ur crrn w !; +1 me l-I ns
goals m each Craft rkn ng rw penrd a{c`Ored.
5. Nw:nw Na ;; uHsrcrs of Jny cclw^s.« Oa: r,;.arsr9
;yree_m, nfr the fail— by a u^.rcn w+th whom IN,
Ca:'raCtcr rn a cola ctrre oar IlIg agreement. to
rofc+ .:It— -hitn 61.1 O w mt- shall cr _. that
COnlmctors oLigawc emir, thrsa sPlralicatsrs,
E eumr« Order 11246 .1 Ifw re9,llatN3^.5
crem:.l9aav; pulsuan: merelo.
l 'n orc* for tho Itarwcrklny l'a'r e!9 'urs n1
aj+j%efafffi -I :rAlrees to ne CC•lnted In mW114
:!'a gcJs -I, anP-_h_es arm tralhee•...rust be
I'mplryed by dln C,,w,-Lor d,rin9 VN_ Iramrg
„-e^IYd and 1^e ccli t W, 1hale rule
rpmmllme^I In employ re m1{romceS old
at T., of !1'ei, 1Ta'nrNJ "kp ct to the
avm!abd+ry of emP-cy_m cppcn✓la;es Tra'nees
orutr be 113m Y.l p'-M-111 Ie I1a1tn9 Programs
,y,r,—j W bar U S 0A p.wvert .1 Laow
7 the Comr=or srla I :ako spc d,d, aff,!wwe a. pns
o «nsure «goal tvnl4oyr^en! rX!prrttundy Teal
evaklahcn of 11-n terse
NP tjvtu s Shall ne basal ucon Is aMIM to
alarm 'exults frCin e. act— TI•.0
ClNl:r.eCer slwil dx:r.mnnl Ih«v Wlonb 'ay. and
P:_Sda
07/27/2026 City Council Agenda 306
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C shad Ir'plelllenl zommfiv aclal 'taps at kasl .ls
Crtplcyrart r&od• 6•.VeCaJ 'it' those
ec'ers� ae t^.a !G':aR 16 eta Cj
pfograms fursh:d Y app'oved by tho
Ceparinmr' ut f.A:HN Tree Contra-"'.cr
a Fns:XR all, ma I,i 'p kP9
s.''alt pOmce'.W. of Ihese CtaJra:r1
e::V IOrT,Snl ffae rlf hard" —1
ro we £o..rces ccmpl'ed undef 7b
.Wnidatn,. 1-3 c:wrcian al all 'lies
atx:ve.
arsi m .11 lara'.1— al a ,'h the
Cenrwo,1 employees are awgred
.. CISWrr+nJ:e the Conllackxs EEO
to Weak. Tito CUn11JGlo1 shaA
po" by prcv aIN sots of the poky
sx-_+(rally ensure It -al all Wrernen.
to un .,ns :"I I A.; p•ognmz mW
'I.I—in�_Al A' M,d Wh«r ."I"
re JY fi,.J qvM ', ^F:rmt n
s,.palv,wry wsr am l ale aw.c of and
asssb'q tl'e Cnnirado: 0 reset", h
carry out dW CcnbancfT 001,g3!,ot W
EEO rN gatip .' by mdui'tq it :n any
rarlan s a vrcrk rg enrtarment,
pn'H:y ma ,! and cak, y,vc ba•gamaly
Wit'"- sl+erifc ettanlCn !n m. n:•al^y m'
;preen'.en:. by publictmg i .n :re
femae itciv duals _'k l>? at w h sites
c.^mCafry noWspaoFr, annual repel.
n-m c,¢h fxalles
etc' by wccec rev',rn of the potic/
e,ll, Al :-rxnaryrrnent n«rsr>nnFt ah
b Es:aorixJt arld isl of
r Ml al'. Pannrhv arts f«rak Rrlp:nyr:es
mnaey and rerna. recra:1n ort:
al least twee a year. alld by wo'li j ltk
sabres, prb,nre .' ten not ficar on to
w.pany EEO pokey or tH s hi bsards
r .nilyr krr'a« recnr.b,'.Fr1a
Aand
aeCus' I'M m R.. R'rplr.yv.Y.4 !hat earn
SP,l+CBs la :y
oCJl:Gn W;prF1 Co :luc'.•on Work 's
on)ana ons twn die CuntrwAa a
pert Mled
Its IAlrbls nave v'mpY;yTrv'M
Ile
u:go,iun tar.. av faile and , w,1a.11
rq.pany i EEO pdic/ And afr malls'•.
mrnm G' e:Fi ofyanl2aiens mspcP
e. d, olll9allons UndM Ilxrse
L ktJlla s.I a c,lfeeni kc nl Illy n.Hner.
'pe::.-15-wrtb WRh aA a'rp-'cyvws
atahesses and IWepl+u+le • wri«rs u!
'+avalc J+:/ rrspo^s ml+.y 4s- h rtrq.
earn mrOa:ty andrd-me strere'
ass y+m0P1. fdyrq. !Rrmrwikn U elM•
a;µrcarv, arki mr:odty a fema.d
e,npnymefli decsons rr.IWrq
Wen., bom a uaa, a rcciv mc:1t
apRr.,ti•, rer«'R of 7eesw [slrn W,1n
:wont or common:ly ar:d
rns•!e Hu;,«rvi.+ay iw:s•:rnw 'null as
of RnM AC'bM Was . ken W+:h reppe.^^.
Gt:pem:'A:r'tieris Ctcrx+lal Fora',NRI
tc each 'u-. , 'ndrvi�;al If ,l h
FK ;.-w m me i fwvbcn cl
i(:dni:k:al Wes soul W tltu ono:+ 1»I:I'y
mrSinlciiPn —4 al any ;oo S,la A
bait fd rerMal and WB' ncl :e/Wred
Wn13en " crd s"d he made alld
bads W the Contrac:w by IhF unam or,
rantstned ieen:lfpny the eem em:
if terarreo net .,,ployed by the
ptafe of K.ex meetings, pFrsans
Cc, ra-1w th s shall x dxurtxn:N :n
. -d.ny. sxl^jed ,a:xr e!xusseC
Ve fle W:Ih IN reason :hereforu. Wort'
and dlW-Ltin ra the udy«'l 1J 1
W1th WnawvFr andalr_nal aclnrs :tm
I, Dlsse.T+-to Ine uenimc9ol s EEO
Co•drada nay ILna taxer,
Ilo'��y ea3ar. aCy by rrludtry ,t n a"y
M1
d rdtl nlnaHi+2:tl Mr:Ila+, rlol:fliL2et
'.dvWiising n /11n +M'Ws r +.+a
to it. D+rrlor WAon the u w a
spaabody rnpJdang n»rnr:lyr•rand
o+'+ans ba•gaH ry aVeeT t has M:
d pro"IdN
ren'ate news m dand
refered :o !ne Conbactor a mrrniy
Wrne:: :•ol T:caocn 10 and d:seussrc)
palaon or vvon,dll se:1t b/ I: a
e e Co^-trada s EEO pricy wnin Ofd
Cunlracw, o' when the Ce+Waclsf has
Cartrsrtas arc SaIAm7ra.=t .11h
o!"R, Udormaticn Val mtl u"m rotartal
hcnl the CnPtr ac:cr does r
procoss ws macdw :he Cal:Ta ws
mopa:-dr gbusf«:ss
e!fon' to meet IL^ Obi gal.'s.
: D.rec: Is rectutrnenl r.IW,ls. WII+ oral
oe:elop cn-tre ab nairmg
and Rnitan. to .lolly, fama'e and
_
oppur:::n URs at+d-f parbopalr. f,
can:nr.:+vly on in.altnns, to scrcois
Vann. pr:.g":+rr.c fur it- tr+:•a «heh
W::h m:rH7rity and herrble shrl«nis -I
ejwssiy ndudc rHnor.les and
ir, rnx;nfy and fetraie and
wantn naua 7 Lp9rada; programs
!ma g or9a^r wwls sr:rrrg the
a',d aa;ronticoshlp and Pr v
CaelciWs r.1116nvn4 sc,_. ltw
programs ms': Jn: to Iho CpnlntctlY-.
C_tec:' sM1W s rl; W611Pn
P..lrca,
07/27/2026 City Council Agenda 307
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C nobfi=— to Ggwut.5ons such a5 !l e
alxrn^. ddSalbltg Ilx nPenrrg;.
xTne'•'�y P'.-d"Ie5. t'M 1 1s k> LQ
usrd n :he st'echan process
Ercau: "! ; rewnf rvvv n!y alld ter. rdn
empbyet's "" ecnri other I'l-ty
Persons Jrvl ,'>wrt and where
rcasorab:o. Prove after ,slooi.
summer ❑In varvbon nrr Wvsy rt to
mirfanhy anf -hale Vol: to tech On Inc
ske and m olhrr areas of a Ccntr»c:nr's
'work fore.
k Va1da!e 111 to is .nr%1 Ofhdr u'KnCn
requ:rrm.xes wrtre there 15 3r1
ubtyam,, to ro so -4. At CFR Part
co
I CclvloCl, at leas! arrtuai Y. an In'Iemory
am wall 1- at least of at nl nor6l'/
and testa:'' Pesos w I- Premrd'cnil
opPatvtlaes and cnvO a..m Ut vv
emp4or-, to —, or !o prepare for.
gv .';I, apprdpriala Iran rl. ai, bxh
rpp'ahnrsx.
to Ensure that sen.iady praxes, too
Cl.ssifcat'cns won' sugnm M and
other Perwlv:el p:ac!cts do nO1 h—
a dlsalminJlwy effect "_y ccnlxuaty
M-1—g al' persalnef and
enrt•AaynVn! rmatad ac6rdrs IC ensure
ltwt tea EEO poi-y and the
Contr3Cars obligations Endo' IiC5e
sp—i—dons aro tot g .'.bled eld
l Evis'C Slat 11 farAt., a'+d Cor-n'-wy
aG Y:aeY :✓C nonYl.j'[yd'a`O ex'Ci.
tral sepataie or SYafiC-User :WM and
r,.rctssa J rj'""'Y fanl'tih shal. be
(A-eed to iSs+xe PnveCl,' be!.lwe' the
sexes
Oetumonl and ma:tiW Ina We'll Pf it
solGbthons of otrlfrs !or 5o111co"It"tri5
ft Lyn nsrwd, it'd f—Jfe CQI'Y!fuCl.Dn
Conls. tr:rs and suppker,. ir.!u_wq
rnnttslrnn cf sNxalat ons 4. md".rdy
a_'d fart+ate CdnlraC'v a55o.Jm On3
arx! U"f L ' Wes$ asSrKJZ"s
P Conduce a rostew, a% least annca/ly of
at wpnr'.'sas: 31"on[C to and
performance tr4er the CnntfaOtor-1
EEO policies old alfnna':. :
Cxjrxttr ras actk ea it. goats for wa:!sn
ye1',efatiy :tlr. l.Ml!rpn:•rY n.#y bC 10 I.MKn of
.he Exec:x.Vc order r' d .;xtii(C m+n0'Ify g'onp
Of wcmon n ur!ubrutk:edl
iJ i:.a Cwmalter Shaul I.O'. use Cie gaily ar'd
,nittablas or a:f.fmnh'r4 xvw smrdard5 to
dccnmmate atlmml any parson bncausr of
"Ol. note', oc1,4- sex. G 1ii~fl:tl LIgnl
1. 11'e Cowrxter srall nG enter 111W J'y
Subaxn!rsc1 w.Al my Person or fxm debased
irx- :xvemmenl m^the:ls t t'MI to
E.ea'bve Crdv 11246
12. Tee CCN..ratlrl' $1Nf1 td're Out Sun sJm !x S
and peretnes for v'Ora!M or anew. W.c'"twnflV
ar'd M the EnuM Cpp.,t:n;fy Clause. irud svl
so SpO nY nr'. 'Cfmna*..»n and-MOCIt,Ol of
erxkovj scxarracn as may nc xnpOsn;f or
Gored lr su ! lc Eau: iw order l lztti aY
amerxW. and ks r.V4ttrr4nm9 reguiallors. try
;I,o ofl.k. o! Fcdcr:s Conuact Camptanco
Prugmrna. Any C-!,-u,r wha fail. to carry Qut
sort' Y.•rnctnns and penaaws 4.111.e in v 14.tal
of these ij. fi:wo-s and Esecuhve, Order
112i6, as anu'xleo
17 .re G:nunanr. n hstlpn4Is oblcabats car Oar
these spe G:fx k_5, st'a° -IV%ment SPC.'.dC
steps at I —St .i5 .,x`.e'151vc As
uaso stands:ds on'scnbso , pt:ayrfg. 7 cal
.ra:.e s;.eri!x:x!onx, m as In x-+e•.e mxx .—
07/27/2026 City Council Agenda 308
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C MIRS trpm A. efkets 10 -5.1e lKtIal
amPfoyrr'ert oppof::rtry II �M, CanL'aptcr fa•F.:
to cnrnp;y xtn tt,n req,em—d, of Into Ese;u:rve
Order 'fly �mplrrtr^dr] legt:IA:AlnS n• dlcse
sgvcd+wlbre. 9:c d recur chat prrcred i"
KlAfdar c w'.n at CRF M S 6,
Fte Contra:tw shag desgrafti a .swt,t4e
ottOal to mo^•ty al! rmployr -N related activity
to ersrwe :ha: Olen-nlpany CEO pd+cy a boTW
—iat: a,.1 In SLlr lrit p"..a raiakg F: I"
pro+rsrns bereofis may W recurred ty the
Ga:rrnmmI and to yoep rvx,(Is Racor^-s shall
al kale ncade k., each enJ-0ys'a If. nartl+�.
3ddm'. :Baptgrla nUl^.bEfS. fn�X:rl'e— V., M.
union aNalnn I arV rrrp=_yce ideM�fica:a++
n111:dxr Warn ... aJ-d 1 ..;al !C_taay nrprber,
fJLY, Sea. 5USa5 1e9, Irwk:t.— iPp—lt—
sameo Ita$tar. or labrw) chats of :t—qill
-
staars tv:.,t Wcrred pef — I, tt+e Ird eased
bade. '..Ic .Df V all:] I—I'—S at T"Ch the
wcrr Was prdcr j R-wds sIwI1 Lw
mn MartlaA n a1 aasy c..sandable and
rehwne�P '.wrn. !ICWex•. to 91e ^ree mat
oa�sling -xotdli satisfy itus requirerwI
Conlradon sR1a .NA be rcqu'rUd .'D rwlnld�r
sap—te, rarards
Ndhrrg I.-l— p—ced sha11 be aslweucd :a
irr.W." opolt Owl app+Calicn W "o r 'aws
nm
*nKh es:abksh di:k:rcnl standards of
rnmplyq�Ce '"r lf< 3tm4CAtrx1 al
req„rerrarts rm lrla ^ira'y c! kcnl ra Wnr arse
reSWnts Irq :here WI, Ih,e PLbI. Wor¢s
'e rplev'nlrnl dd ol. 1417 and Inc Commtmly
OvveaK,vr'.enl 5k i, Grro+: Program)
al ?hr -t- sW form n 41 CFR W4.2 and
T.c sprc.bc'dirnl3 -1 k. h rl 41 CFR e0-4 3
rrWaca ;he New Far, ka Faderel Cgwd
Opportunly Bd condw, t..r
F.1—i and fade, sly Ass:s:W Consoua on
❑vb(lsned a; 41 CFR 32432 anc cor -"
k-- as ttm U:.dll Fodefid EEO &d
C—dd.-1. and I'w Nar. Farr. shag MI be
u-d after I" raq,A., - .n g' CFR Pan
60, tx: .—otfediva
Minofity Goals
TIIC fy:ral ' .^.e !ll''IAlgf`. of 'wCT rt empCy..CS <;l% '!dl 3iy 359 Sled ccwrgcbcrl G1111,1 , i Sel a: 6.9%
Trx soal for t:t mmcrllrss bases on Iho
SGndafn nMdrppaWw Sta(nl W Are,• ISMSAi to'
Rr.rfsdc:San Sa-na- IM- C—Ity s 19'6
F. add I,..W ft'wrtutror - hesa finals. praa5a mrtaQ
Iho OFCCP-Patifc Regkxi at i415) 61N-'959
07/27/2026 City Council Agenda 309
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
;Applicable to lederally assisted construclion contracts and related subcontracts exceeding 100 11.00)
During the performance of this Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air act, as amended 42 U S C. 1857 ei seq.. the Federal Water Potation Control Act. as amc-nded. 33 U.S.C. 1251 et seq and the regulations of the Envitcninonlal Protection Agency with respect thereto. at 40 CFR Part 15 as amended In addition to the fcrgostg requirements all nonexempt Contractors and SUbt.ontractars shall furnish to the ownerthe follahing.
(1) A stipulation by the Contractor or Subcontractors, That any facility to be utdued in the performance of any nonexempt Contract or subcontract. is not listed on the List of Violating Facddies issued by the Envlro•.mental Protection Ageru:y (EPA) pursuant to 40 CFR 15-20. (2) Agreement by the Ccchactor to comply with all requirements of Section 114 of the Clean Air Ac. as amended, (42 U.S C 1857c-8) and Section 308 of the Federal Water Pollution Control Act. as anxtnced. (33 U S.0 1318) relating to inspection. monaoring entry, reports and information. as well as a'l other requirements specified In said Section 114 and Scrt+on 308. and all regulations and guidelines issued thereunder.
(31 A stipulation that as a condition fen the award of the Contract, prompt notice wilt be given of arty noWicabon rece-ved from the Director. Cifice of Federal Activtles. EPA, indkat,ng that a facility utilized, or to be utrdzed for the Contract, is under consideraton to be listed on the EPA List of Violating Facilities
(4) Agreement by the Contractor to include. or cause to be included, the criteria and requirements in paragraph (1) through (3) of this seclxxi m every nonexempt subcontract and requiring that the Contractor will take sucn actiu, as the Goverrment may direct as a means of enforcing such provlsiogs
Wr
07/27/2026 City Council Agenda 310
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C
SAMPLE DOCUMENTS
12;
07/27/2026 City Council Agenda 311
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C CINtr Form
,:�� rl.l:�llfl)I\tf tlll)1)111:)a1i 1)e�'e1t14�))?L'1)t & COUNTY
CONTRACTOR INFORMATION FORM
PROJECT NAME: _ __ PRO)ECr CODE: _
COMPA.NS NAME:
PLEASE CHECK ONE OFTHE FOLLOWING: E] PRIME CONTRACTOR ;] SIIRCONTRACTOR ] SUH•TtER :1-LJ OUR company a1 a Prtme Appruecr .,ad IS FATFKFII i•.t Conimanily Ilevelopment am! itnmmKs Crvntractor, WrAhasc 11 chccked.,.,I slan may the shndrd urea bcfaw f00 NOT C'OMPLF7F: F.NTIRF FORM).
OUR c-onilmny JLyQ=:t Trinx Appra-r' inn lc_ ENTERED in I.nnlntuni:y nevelopmrnt And Iiccusint' s Contractor Database. We have designated thr lallnwmg ❑empany personnel as acting -Prime ApWuvcr(sl- I;A—. Entail'
____. ___..—__Email:._
C. ❑ OIIR mmpmy ISJYRLI -Pratte Approver" .md re NOT -.NT RED m cmuniunily 11rvel(+pmcet and liuusing's Contractor Dalabasc. We havedesignatal the bdluwinµ (nmpanv pc•rxmnc•I —mig'Prime Apprnvet(s)" %ame. ____... 4mad- _.
Nano•: F.ul.dl.
lL.❑ - OUR tnml>:ruy IS ENTERED in Corvamn ay Ih—h.j nn•ut .uul Ilnu,(ng's fontrarnr Database. I cix kcd, codwitte• and asun only the shaded arer firlow (DO NOT COMPLETE EN77RE FORM).
E,t..l OUR co:rpsm; [4 VQ7 EVTFn FD rn Curren mlity oevrklpmenl and Ilouxinds Contractor (latahue.
1) Federal Tax Id Na.:_ __ 21 D-U-N-S 1%0.: 31 Publtc Works q Contractor License No, S) Contractor License Expiring Date:_ 61CiAntraclor Lac No.:
71 Insurance certificate No.:_._ ._ _— el Specialty License No.: 9) Business Ltc.Nia :
101 Motor Carrier Perin tN�.o..;--��__ III Wurker Conspensatioo Policy No.:__.. __ _ _ 11) Unimt Status:$B)BCt �_��12) Type Select l3) F.WaicKy: 501061 �IType o(Tradea'leet OM 151 Principal Name:___ Ifi) Principal Titfe: 17) Cnn1ac-1 N.(mr._ IB) Phone No.: _ _. _ 19) eoM+n Fax: _ _ 20) coodul
21)Address l:City:_ _ _._State:_T3peada
�JOwner Operator LlTtracker UserlD Number:__-,-__(I(DiRerent From Conti actor License Numoeh 22) IW cants, C.erlificatinns:_N"• a
23) C.rrtifying Agency: 24)Itancd Darr. _._ _ _._ 25) Eepir.11inl111.t1r:
26) Estimated Start Uate:27) BUmated End Date:__, 2R1Coutnct Amount:-._ 1 certi(v the infwmatiou above is true and complete to the best u(my knowledge and belief, Contractor (Print Name)
Title
Contractor Signature Data
LCr 16.100 Dre... W.' X11/
t�
07/27/2026 City Council Agenda 312
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C r,N R111111 ComtutioRN fkAdop8tew and ths-ising fhoartinv ii C.:UU NTY
E - SIGNATURE AUTHORIZATION FORM
Co taagrt
Addmi.._.—
Pha,talumWa_
►r j -Name:.--
P 'Kt CoM
Tu + "a'Iy tl• rrr:..r•!,>n—:tn-4 rmafnrr:•,Ily+•.•-_V'd r�v+U••.ltmNbr-1 r-••rr .r+er>I n•m.,nd[ri-I.1-1 Indt'A I w'.I bC re^.P.rrd IP: d' of PNt CI fY CDN-f '.kMr CC.•'d'JMC,iud'am lam r.part^n,c•ccnx�a••IM,ifr, ---Id tvC-.•I-jde1g1--9 It ]rO+t':1IMd- -1 —11A d111,-1rr n.a ai'rv�err;, nn a.hdl ,d •Iv abmre.lyl!A ro-,fr t'.xor er s d*nll'�a e(E enron y,'�1 a,y Cm`Parrr Sr,t••„ Ir, d: Cw'nrr of4- M.^>•drm P•itN'rt, m ✓ri(,Int a:a: iafd0baera.IsrKt„N:n urar•! - • aN Rr;a.:•. tt a'nrrnl+N C[mpim.e—1 Hm'lo^t.¢Ir. • gar✓nlwx.!ha'. S.M rrvrr r.na^Ee N•e F' nlieC• alxy C: �+t�a+ce :y,umf+d�t:•w ra lrne � •dre.:-r Iry rb-r..•.t.d a.r..•w. W .Yt••-..•F ^ur^-. tx -� f sa r n•cmrn •. a,d tlpt_r-rr.,: aL+r.-:a w-d rv'-h ,f eIN:._ r :w� • iw+drra rtd:VY.I am kaaM Sv.+].aaA{axa.a^a•rwu`: bk aY u.v `a✓nr-andrrh:ea,�,at.a^ • :yee llvtnlpro:ntn-r'Nr1 R+�r!�ve1e
,{v ur ha, l++••n b,l. +l ir., nn!krt�+ .nPron w.
• IrMfly tra: mYl\/t![t,amc td'.a'n.r i{.r�.,a,an:.v.:Mllw.d—Pi:a.:�/:1rn.N.>•A:`.f:l wif-rtd•:•yMr•:m v«e �: wnl+anr,^ere.i. • IM:r •Yu nvb)'Y to It. If, a,d mt re Colt k.M"11turn'. trim+•aP+! It A••a.r ..ird r. --
annt Name
Print Name
Print Name
Select
Title S gnawrr Date
Select
Title 59r,ature Date
Select
Title Sgn3ture Date
1 07/27/2026 City Council Agenda 313
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C t\ !a RNAR P1`(' ( ommullir, Dc•1cH,i,tucttt:r.:d }iuu•.it: Dcin;n+!::a COUNTY
wane Nvmlmr.
E - SIGNATURE AUTHORIZATION FOMN
0.ff is1.dt
Authorized Desknee(s) S- -tion
I cervy snit : am the owner, part. •, a cutive uifk v. of she company iivl¢d aWee and further certify That below me c •gbyeces of .. s company and mi— aastsoriied In eater into agree^+entl s) on bcnad of the abq coneany and cats; v c 'tract" „ agreemen;(q, doc—,ertls) ."d Statement of Compfi mce whefe federaay funded construction xirvd�esr .. the f n Be thrso County Cur:munity Development and ror:slng Department (CDN) req acres fer the dura;arn of the period t • E' dnature Auttwtitation furm is in effect m until dherw se mrerted
l
print Name
print Name
Select
Ti _
Se!
St
Title
m
Signature Date
signat-e Date
07/27/2026 City Council Agenda 314
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C '.I KNtAMN" t unitnl:nits I);5t•lopltlrltt ;W(I ?lou.iu !)cparinu'nt COUNTY
AFFIRMATIVE ACTION COMPLIANCE FORM FOR CONSTRUCTION
CONTRACTS OVER $10,000
{LCF DBf6-21)
Project Name ----
Project Address:
Company Name:
As :he milers Cnec. CmiracicrtSuhcantrxtoriSub-Tier hav�nq executed a comrf l wth the above namec contractor on the above mfinenced protectl. hereby make the fnllomrg certd�cation and ackno«'cdynxnt Please check the box that appaes to your company to atrirm an understanding and knpten•.ewaBun of AFFIRMATIVE ACTIQN COMPLIANCE regmremenis and that you have read and Comdeted the requvements for the prolect as riled
I ' yVe haze rnoe eo and rndefsland Iho "CONSTRUCTION CONTR( J_J�t ,OR COMPLIANCE PROVISIONS _ (ATTACHMENT DI" of tha Cad pack:iye and'o, " LABOR COMPLIANC, r.8{IF CT An�1_. ❑I l'ia 2 currently nw,w. ' an eReclive Albin, we 1,n, P :gram. the Affirmance Artiun Program ,Cn,o n; vntn me Standard Federal Eoual Emo' vm r 00" (Unity Comlruction Contract Provimnt Executive Order 11246 oursuant to 41 CFR "1�r'� and mil lur•,sr a ccpy upon request.
OR
I r'Ne Do N T currently ma:nlain a... '-•naliv, Action Program I ! we agree to Te Equal Opportunity C114use for Fedenlly-. +p 1w -onsinxtion Contracts (Exacutrve order 111246L ;u amemlyd. and Title VII of the CNU Rir' ., ,ct of 964 and a appl'cab!e pursuant to 41 CFR E0.1 SI rf "CONSTRUCTION CONTRACT LABOR.Q2 iWA• — ROVISIONS 1ATTACHMENT Dl" of the aid package anc:ur -LABOR COMPLIANCE CONTRAC ✓DE6 1&'
Personae) afErmaLae actk h in recru,tmenl. Mrny and promotion m required by Prime Contraclun. SUkw11LAC1Q,S and Z: Tters who hava entered into a rederalty-assisted constructor, contract [hat exceeds S10,600 Or S10 D00 in the agyregale over a 12-:T;onth period. P161. COntraatm. Subcootraraors or Sub -Tiers wha Color into a 'Constru_tiun Cor". cl- n excess of S 10 CIOO rnusl take 16 spe0 c atfsmabvo action steps to ensue equal C pluyrneni oppmtu dy.
Thase slaps are inr, tided -n 41 CFR 60-4.3 (al (Tt and are also incladed under SLanda:d Federal Eq-_al Employmera Opperlum.ly CcnsoucWt, Contract Spotficffions" of 'CONSTRUCTION CONTRACT LABOR COMPLANCE PROVISIONS (ATTACHMENT DY of;he bd package ardror "LABOR COMPLIANCE CONTRACT ADDENDUM Select
Print Nam* of Authmized E•Signature Signer Till. Date
(7-- 1, ar.. t : I
07/27/2026 City Council Agenda 315
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C A\' 1WKNARIMXU (bmmunil. Do vlalmimt acid Hlfa.in+� Ucp::rt uacul COON"TY
AFFIDAVIT OF COMPLIANCE WITH CALIFORNIA PREVAILING WAGE LAW, CALIFORNIA LABOR CODES SECTIONS 1720-1815
-roleet Name:
�rolaa Address:
'orripan Name:
The midees:.,ynN. 1,enq duly sv+vn. sla:cy as fC11—s
I tt» �n�rrstjr»n xn, the of :!Ia above -an>ar'-;n�rx:er a •+tr�nnlr:w,W r:wG-tier Irufe•rxA Iv xv £uLwi!.xCtx) fo + QN' w.�ve narcwo pro;cw: +Nat <ul.N1 1 an la'r.,Far a�ih ',M Cayro'! prx!icos of 'lw a:w.e nn dY11. 9W Preset. 01Y. 1 — . 1— and—Pcrsmld.s rs b tnsun INwt dr-. aowe na�cA cn.np+r._. wrt:+lhn Cal:Icmc1 P•pva lny Y::f�x: :ro,. G�Sfo:,. .Abo, Cxe s.�r.; o,.. 172Q a;bill IBIS ca Y+e Pio,, I ;make :!ia swxn s:Mem+nl : :.an! Io CNIoInw La. - CoM e•r+cf+s ! 715. whAwsnr• Ibgal, and 1777.7, _ I n:rv; iere cV :he paYT=i prachces a+W 9:e pa/ra1� roc 's fa a a;c,e namm a- tnr Pre�cn i he a�:e ra:nco has Gard ttc a ecllron preva:!:rg rate of wages !o vach of is erilp. y So III, Pioat as nr nxj cy PrevaA ti7 WagC Law, lnd MS Pad any —IN 0- 1-1—XII.yel.S unAYv ("forma 'a. • C.xle Reetor 1&13. the 9—' ran•a.7 hav rxr.5r4_y<it IM repu-d .-.:mbcr Uf A91PI-6-1 ,', ttt . Pre:leel
3 A AW cab". I ^— 1150 re'-i—1 h+n PAY. II p. "m 1 e:f ii .At— —d "Pt"" •i 4,IrCC+1'rKtnr] o++ :h" Y."Cl Ea':h ci — .b ner sLtA-wn1I3.kXS has pave » ..ec,. V Lve ra'ir:9 ,atr v/ r+xgc: n ih erid=}•� `:+s pad :+,ry anlc:mt tlue welt enyluy.ts r:M!. CA!hmra l _ Code hies eirWylA Lhe rc�'ved n.�rn r_M CC JPp(eil"CCS On :I`! Plelec:. a,d r'm pvov:do 9,e Ime i•a. "J wit^ •n . ^rive ;vat-1p1.CS rvt: CahrV1.a L23v' C=-de a t-- 1715. R„�idn:Pa1 lbx<l3rd I I I I 1, u:txavlsi—lc, "
i IInze-AArd tna::he Resparf,ILI i en,player•Calai at::rr b reelYt•`g U:An !ne U:.r!1 vl IN CLAIM S .1/ "�: R'MUT RI.NdTKt 1"+ mxkrrig f."g Iwyyn»e,t to t,r ahnve ".A. for 'arrk ped.,nrid vn the Prvec rid —Y -if- -.x WI If my swv^ replex d:.(ionv —le 1.1 rue
'. AeGre (Inr1Nf (Npn.l.:'/ nt p•0 �rMj' U'1'.1!'the la•AY 01 li'P Slakl of GL':IU'rtu) bat :hn'U�gcng :s !*ue xnd <r.re:l and Mnl :"+s al(slavn iwR exv+cu:w: on �n . Car. pnu.
SekLct
Print Name of AutAorizsd E-Signature Sign" Title Oats
lQ CAli 1.e . r:x.d r tl16 -aw —;10
II®
07/27/2026 City Council Agenda 316
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C tKnl (I t nnumtnit� !>etrh,Ilfrrcnl and llulhiu I?dlsar,ttmai (:C)IJNTY
APPRENTICES AND TRAINEES ACKNOWLEDGMENT FORM
FP,oie.t Name:
PrWed Address:
Company Name
The oily workers who can be foal less than. :he wage rate on [tie wage declsicn loc Jeer wort dass,fication are-Apprcntlees' and -Trai-ees' registered in app:overl aFrrentrest:lp dr Ira'Nng prugrams Approved programs are lmtlse which have teen registered with tilt: Depar7menl of Labe, tool.) or a Cot. recogngep Stilr, Aplwrnticpsnp Council (SAC) Aowenlices and Trainees are pad wax rates in ai: ordance Wit., the wage scludule �n the approved program 1 Probationary Apprentice: Can be pad as an Apprentice lle_s .Ian 11-e :ate on die wage deciwn) :f the M or SAC ha n Certified that the person is el:gib'r for probation.. er- a,,yrrenl as an Apprentce 2- Pry-Apprentlee' Someone Arlo ;s not registered in a program and 'la., .asn t been IDOL or SAC- certn;eo for Prcbabor.ary Apprenticeshµa &w',d not to conside. 't an -A4* enlicn and must be paid the full Journeyi zn -we, on dlr..we deri-:son !nr !M Bassi' .. ,n L work .ley per!am
3. Ratio of Aawsnllces and Trainees to Journevm %_la maumum number of Apprcchces or Trainees teal you can use en Ule job sae cenrnt a•ceed the tip c .pp•enlices or Trainees to Journv roil allowed in the approved program. Crxnp;i.— A101 the raW is 'c vmu. •, w; a daAy. no' wee'sly ha"
4. Aeorantices or Trainees: All required Al, •e. ' ' Trainee dxumenls must be suom;tled anc approved ty the Corrmundy Deve+cpment Ficus— Depau 'rem .refore the first fayrcll on which any Apprenice or Trainee appears IncomplNn_ or missieg A m, ' ••e /-rainee dncumepls wrl render if+at Appcentce i Trainee a Journeyman and mint be paid hie I I ' .un-. yman's cafe on the wage dec:lion for the c1,.ss;Ticalier. of work they per:orm
REQUIRED DOCUMENTS rOR /.PPRENTICE PROGRAMS:
Program Ceflifica;at MUST sued of It+c Depertment pf Labor (DOL). Office of Apprenhceship (OA) Copy of DOL Ind-dual(s) Apr:Cur+ti[eshia Ce cabal P(nl out SAMPLE ATTACHED Copy of Ilx Appr"ficeship Program &lr.diz A. wri Includes' SAMPLE ATTACHED • Level. Slop a Percc! of tore Apwontce • ScJ educe of Work E,per;ence • Ratio Inloinlabon • Sctaedule cf Related Instructions Apr enbpe Viage Scale
CcTay of, nnge Benefit A;,premace%hp Percentage Fo rn xso refurrwJ to as Ralu Sl;urrt Copy of DlR-DAS Apprer4ceshrp Prograr,s ;Scale on;y) S AMPLE ATTACHED
I acanewlecga that I am aware of tine and that I am author eed to make ft- cenifirauon e.n trhatf of b^e above named contractor. I fully understand that failure to compiY w:eh arty of the atove regwremet is may, result m the app(ertre ranee M:rg rercered as mprcperty peld and w 11 oc mtiflei: to the)o:.meyman rate for the c ,lss:k�ntior perform.
Print Name of Authorized ESignature Signer
Select
Title Data
07/27/2026 City Council Agenda 317
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C C.S. DIPARTXMN-r OF LABOR - OFFICE 0F.-UPPREN-MUMP
APPRENTIC EMP (ESUFKATION . .....
Tlx foa,,:,.Ulr Ite L '3 Eftmr.jew m L*<q. CnTs.r of
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T--APr toric- Occepades APP LNW Date Dare
I Nam* I I 1k,'..
WAN
A
("nfirdb of L.hrt
DAYs FROM PsSUE DATE—'
LCF 164LW 4
132
07/27/2026 City Council Agenda 318
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
STANDARDS OF APPRENTICESHIP
DEVELOPED BY
Southwest Carpenters Training Fund
FOB !HF. �)CCVPAf1Ot/S pE
LAHINETMAKER ' SOC CODE RAPIDS CODE
:ARPcNTER SOC CODE 4 F;r:l1 ;: RAMS CODE
?RV -WALL APPLICATOR SOC CODE z%-7;t81 RAPIDS COOF
FLOOR LAYER. SOC CODE.i:: RAPIDS COLIC
MRA WRIGHT SO4C CODE 4 '04 .PIDS CODE -
PLASTERER SOC CODER Lifll A S CODE
:>c clf)F url>•+ 17eopu!T5P cnr rnrc r' lt• • ' "rnnF '- TERRAZZO WORKER SOC COD API05 CODE
ACOUSTICAL CARPENTER SOC C RAPIDS COOL
ASSEMBLER•INST. +GENT SOC h I RAPIDS CODE -
19SUI,ATION WORKER S 18I 0' RAPIDS CODE
TERRAZZO FINISHER S 1Jb3 RAPIDS CODE -
CARPENTER, PILEDRIVER CDC :Il;is 02 RAPIDS CODE
'_J.1. .vhnwrt of I at-,
' 14W-e Argw-1, W—p
1 V,,.'.10. *:Ir .nn.; :YfM;.'n'.1'1Il I`i -111:tf'1 I• L .+•,1:1',Y) .. .r r:Iar<„ .i ?I. t:•'=1!w• 3'1': �:::Ilk'.Iv_d T) Vo S—'''A' . ..rtr._r Ue:r'.. Ii. '5-i -
ORC ID
07/27/2026 City Council Agenda 319
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C P::,_ I— - .0.1i A.
P C". :; , ." " 'I NCR,
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IMM OF APM I$ 1fQSHW
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42,
KAI. 10 Of A*ftENTPS_fO
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APFFFNOC II WA SC.11fDU if
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SZ7 63
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134
07/27/2026 City Council Agenda 320
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C •(li i.: :t 1 \I Il i�i �l.1 Lllk7LAN.li: NP��'d`:. IR tw.., n:
lrl-P %RTMEAT OF MMYSTP.IAL RFLAI i(1\c
DIVISION (FF AP MF•%TIC F.SHIP ST 16NnARPS
P.1m.A
1;N F—C r- CA 'III! 4M1 t
I u uhcan It m,ss :,) ern
list L1)\tww . t At,y.•nNn': Jup ti: Arw!.ad+ hcrchy artt6e� that.. -Lard-# to tramAilwmc raca•:ded as ,I 'ol i. the ',Oaw nanu,t Apprenncc t-• rcewcrcd a lth IN titaie ut L'AhlumtN to An 3T"cMtc:
m lire Jccupawn during the paiaul NINkecn thr 4.11 darn xnd tlx awl dice \n umnldeinM :unap! lire Iluesl hclu« 11 Ihcrc 1. r,L: Ind dAk Ilw AI) akc gwum. tite AlYple ticc 1::u:renth ;egieteted It: Ih)l , �cupati,m
]amc (Xerpation wn F:Itetai\c I)a1C ca! NI
1 I. r1wi. I wOf um S Satl
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11 \'JL 1)Alc Atl4 �i'.M^\llaM\ pies.-v a,trxt }.H/r hwal ♦p. ott 4 rnb;c•hlp StArkb-dl dtl:c Glen f'.:Arton
Ikpta\ ( hw:
Required on project subject to State Prevailing
Wage requirements.
LCF 16-SAM S
07/27/2026 City Council Agenda 321
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C C ,�)�) N j �' I ttntmunic} Fh•rrinpttrunt ,, ..I Jinn;iu;: Dcp:u:rlct�E
CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY (LCF 0816-2.1)
This certifcali n 6 required pursuant to F..- (rr. Order 11246 M = R !2319-251. The implelrom1mg lutes and regulations provide that any binder (Prime Contactor of any of their proposed Subconlractws,5ub- Twsl snall state as an initial part of the bid or negotiations a the contract wlreltwr it has pari paled .n any previous cover= or suLcunlract subject :o the Equal Opprriumty Clause; and..I so. Wft& ..sr it has fle:f all cnmpliance roports due under appkcable 'nslrucl2ins
Where d,e cenfic:abrn—1-1r-1 Ihat the bidder has not Ced a compliance retort Cue untler API'Awable xlstrc-a ons. such bidder shall be roquared to sulmtd a Compliance report wdhn seer (7) Cali Mar days after nit opening. No conract shall be aAarded unless SI.Ch report IS SLIMtlfted,
1. Bidder has participated in a previous contract or subcoa. act abject to the Equal Opportunity Clause,
m v,R rr�l
Yes IF YES. idemr'y [tie most recent cants 1) _
Nu (IF NO, �tiddef may he re-il ed , . brn a ao EEO t survey of lithe: aepods to It* Equal Employment Cppcx%urity Ca. -., 'MI, wniact EEOC a; 8N-669-4000 or cnlne at hti„prf1's+tnv r: nrtinl,'I,rl C-4
2. Compliance reports were OL,4 in I, - ,section with such cot>fract or subcontract with tte Join Reporting Committee, the repute As. Istartt Secretary or the Equal Employment Opportunity Commission.
rcMa filar
Yes DNC Noire Required
3. Has Bidder ever been or is bidder being considered for sanction due to vioiation of EXECUTIVE ORDER 11246, as amended., ,: + a.,: rrr•,./n`crj /rc vnn •:: nr•Ir l i„rr u:nlL l Yes ® No
Print Name of Authorized ESignrture Signer
Select
Till
lib
Date
furN.a i•Yf �ewrn�)M:)1
07/27/2026 City Council Agenda 322
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C ..IN I;l.K-:ARIW i',ItltnTuaitc Ut•srtnlur.cnT afld }Ir,u.ciu;: i>cl>arltnc•nt ('(OIJNTY
CERTIFICATE OF UNDERSTANDING AND AUTHORIZATION FORM
(LCF 16-1.2)
Project Name
Project Address:
Company Name:
The tncersadned rrnrfrs that Otn romf)aoy pnncipJ is;. or da:sigiee and the 'A:dhci,—A Payro'f Officer' have If project is subject to Davis Bacen And Related Acts read the rnosl current 'LABOR STANDARDS(A Con:racw(s Guide to PievailrM Wage Rerutrements for Federalty-Assisted Consinrciun Protects) anA it protect Is subr, :t to California pro:a;mg wage requirements is aware of the requirements of Cagoiria Later Code Sections 1720 et seq and 1770 et seq. as we!l as California Code of Regutalicns. Ttk 8. Serlxon 16000 of seq (-PREVAILING WAGE LAWS'!, %tech require !ire payment of prevailing wage rates and the perfonrance of ohwr requirements on cenain bal:Lc wcrks' and 'maintenance' projects. T!te undersigned further aches under penally of perjury that the reccras or copies t-tereol submitted are the crig,nais at Ime, full and can A cakes of the originals vrhrh depict the pvyrcll reco,c(s) of the actual a.sbursemenls by way of cash, the der -1 deposI or whatever form In the individual or inarvcluas named. The urdersigned Kaye read. signed and _ ..rAter' ) the Counry of San Betr, rd.rvu Community Development and Housing (CDH) The E-Slgnatu,e Autnonzatk Ir ,u and have established Pet50n31 Identification N: rnher (PIN) fur COH's Ontire Certified Paycoli. Sy. -rn THE UNDERSIGNED IS A (OWNER. PARTNER. Or -^.Et. OESIGNEEI WITH THE AUTHORITY TO ACT FOR
AND ON BEHALF OF THE ABOVE NAMED CONTI A TO, DESIGNATE THE FOLLOWING PERSONS) AS THE "AUTHORIZED PAYROLL OFFICER" ! -s IS 1 11�Is9Y AUTHORIZED TO SIGN THE STATEMENT OF COMPLIANCE WHICH WILL ACCOMPANY EA. 4 . "k'CLY CERTIFIED PAYROLL REPORT FOR THE ABOVE PROJECT.
Authorized Payroll Officer
Authorized Payroll Officer
Print Name of Authorized E-Signature Signer
Date
Date
Select
Title
Date
07/27/2026 City Council Agenda 323
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C •, r.f: 101'.1 R1r::II
C: i>nimttnia llelt!aQlTienl atilt !(ou,;1t' Dtj3lJt trtTtl t,i COUNTY
LABOR LAW REQ0fREMENTS - (ONE-TIME FORM)
Project Name:
Project Address:
Contractor (Company) Name:
PLEASE CHECK ONE OF THE FOLLOWING:Q PRIME CONTRACTOR Q SUBCONTRACTOR Q SUB -TIER the FEDERAL AND STATE LABOR LAW REQUIREMENTS applicable to the contract are composed af, but not limited to, the following:
Payment of Prevailing Wage Rates
The contractor to whom the ccnoactis awarded and as subcontractors r ed ful the Punic works P'ntect arc required In pay not loss than the sperihed general prevailing wage rates to all wt 4CS .,np;;ovM n the exeeul!on Of the COI;raa Laho- CoCe Secs on 1770 14 seat
The contractor is responsto'e for ascorlatn-ng and cuni;*rina witf. ^II current y .eral pfoa ar'rfg wage rates to crah5 and any rate changes that occur dur.rq the life of the coNracf. In(--+ai n on a' prevailing wage rates and all rate change, are to to posted at the job site for all workers to view Ar ,her. ly. r it wage raw rrfor na;pn Can G: for.rd at die OLSR web see. www.de ca.govfofsr/stabsbcs -research.hb.
Apprentices
!I is the d.Ay of the contractor and subcontractors to e. •p, , resswred apprerices on the public weeks project aR to comply -1h all aspects of Labor Code Sector. . -77 5 at. ng a Appranleces on pubic Works. (1) NObfy apWo..eo apprenlic_snp programs of contract award, (2) am;. w .4 ' mi"s. 13) pay framing fund conlriboliuns Penalties
There are penalties rogwrcd for contractor xo:,jacidr s fafwa to pay prevailing wages and far failure :o ernpby apprentices. including forfeiures ter a-,Armu t under Labor Cede Sections 1775: 1776: 1777.1: 1777 7 and 1813 Certified Payroll Reports
Under Labor Coca Sececn 1776, contract, s and s:lbcdntminrs are roquro l to keep accuralo payroll records sr0wm5 the rame. address, social seccrity nu h— and work ctassifical.00 of each emp�oyee and owner performing work: also the straight dine and ovanime hours wefked each day for each wee*. the fringe benerss, are, the actual per diem wage -aid to each owl;.v iouraey person, aPprenl:ce worker or other ernp!oyee hired in cdnnec!wn with The prArkc works prurecl fh+s refit:eeT.ent navies and applies to all sunconiactors performing work on Awarding Body proyects even it airs port on of the work s 'ess than one half of one percent (0.05'.�) of the total amount of the conlrart.
The cer,ifed payrdi retards sh:a'.I trnitain Inc sterna data fekis hsled on the Prb'w Woks Payol Reporing Form. (A -I 13't and cenia:n or it IICcomparnce dy a d0frWillion mane order penalty cf pdrury. ICaiforrtia Code of Regutahans Section /6401).
Prime CcNractcrs am rei for subnwilaf a( oho r payrolls arW those cf rhea rrsrKhve subcdnfraciors as me package Any payroll rot submilied in the proper (arm well be rejected n the event tha; mere has beer no work performed Awning a given week the Certdted royroll raper, shall be wrrAated. 'No work' fa loaf week or a Non-prrformame.
Slabilmem must be sLIbmined.
Employee payroll records that be ceftified and s'iail be made —Jable for tru,4—l.ori at all reasooa hie hours at Ihr crtncipal office of the contraclorfsl contractor, Or sti Ni be tumsherl to a?y orptoyee. cr Hs:rter authorved representalve on reol pursuant to Labor Code Section 1776.
„r,I c. r ear CAM 3.1 1,_ra:vu-11,W1e1r:.
M
07/27/2026 City Council Agenda 324
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C ,,t" to It" Lr.nl,-jtr
C OUNT Y t'r ninilti;ai; 1)st 'I!J()liit';7t ariif klt,ti,:n, t)el?sir 11i;:•Iti Under Lahnr Code Sector 177t(g) them are penalhec requlred for contractor s:subcon1mrl,or s failure to maintain and submit comes cl Certified payroll rccods on regt:esl
Nondiscrimination in Employment
T bare exist prohibiliurs ae,Ainst empcymerd dscrnllnafion under Labor Code Sections 7705 and 1777 E. the CXJ:rrnmenf Code. tho PutNit CUI&JUS Code. and Tale VII of tite Crvi: R:gtn; Act of 1964 Kickbacks Prohibited
ConL•xtors and subcorwactors are prohibited from recapturing wages illeeal'y by wcephrin, or extract rg -kickbacks' from employee wage,% under Labur Code Section 1778.
Acceptance of Fees Prohibited
Thee exists a proh:baion against confrxtor;subcom wr for acceptance of tees for reaistorirg any person for P0AC weak under LuLv r Code Saclicn 1779. or For fiH rig work orders ort pvtkr, works contracts pLr%uant to Labor Code Section 1780.
Listing of Subcontractors
Ali prime ccrbaClers are required to list properly all subconlrackxs hared to per!orm work rn the public 'works pmi covenlg more than one. -half of one percent. pursuant to Guvernnlenl Coda Section: 4' 04.
Proper Licensing
Cnn(•actnrs are rnr,un•ro io be licer•sed properly and to require It;al all c ncor, ctors De aropedy l rensed renaltes arc requeed for employing worker w-nice unlicensed under Latot Code Sec. : 102' .md under the Catrfnrrxa ("MIM..t:r Lcense Law found at Business and �)roressions Code Sectkm 70:') el seq Unfair Competition Prohibited
Contractors and subcontractors arc pooh:bred from orgr ,mg : un. .empd;aio•� as spocdrod under Business and Profess,cns Cedc Scchons 17200 :o 17208
Workers Compensation Insurance
Laoor CWe Srclion 1-861 requees Ituit contractor- and S. hf.. baetors be insured ctop.riy for Vrurkers Canp�msal:wr OSHA
Ccntracfors and subcoNractots arc. rem im to , an icy M Cacupat.onal, Safely and Health laws 3-4 regulat!cns th"' apply to the particular cocsbtxeon pr^'^'t.
Proof of EliglbilityiCitizanship
The federal prob biuorl agaillst hln, ._ -rdoct rwnted workers. ana ine recuuembnt io secure crop' or elybilrtyicil=nslvp from all workers. Is required.
Itemized Wage Statemant
Luocf Code SecUcn 226 requires Itrat trnpluyees be provxhtl w.th itemized wage, s'alerre-115
CERTIFICATION
I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of the above named contractor. I fully understand that failure to comply with any of the above requirements may subject me, or my company, to penalties as provided above.
Select e
Print Name of Authorized E-Signalurs Signer Title Date
__.1 tC1[A16-11 r "77;'1ri-%,,012M
07/27/2026 City Council Agenda 325
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C ..N at It, ( :n mmilit% 1)et 1opmen ( aad I lou"in, Delyal irshrn:
COON Fy
CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND
RELATED ACTS REQUIREMENTS
fLCF C516 2 Of
AS tre „ e;ersgned Contracts. Pr,melSubconhac4en5utrTRr, (SutKgntraGs'Sub-Tier Iwv,ng e,i,—:ed a cnn•r;rct with the above named contractor ur. life above referenced protect). hereby make the fogo ong cenif•cator and arknpwlrigmerl with respect to the appkah;tty of "OAVIS-BACON AND RELATED ACTS" requirements,
I ) By enter into tNfs contract I cer8ry and acknowledge Ilia! the ab. a reP encec printer-1 is federally funded. as the Peru Contracts. I am scely mspomble, or as the ,ubcadrac, ' ,ub-Tier contractor I am responsible. to- comply nq mitt•. the "DAVIS-BACON AND RELATEn regwrem,ents: and 2) 1 am requited to pay ialofefs and mecliatues em, lyed wage .ol less than the h ghest wage appliicaue to their work c'assifications If no !ederal work 'ass • .ion appears to apply to the employee duties, the Subcontractor Sub -Tier shall make a wr.tien r, , �(. the Prime contractor to obtain the appl.cable work classificatico and wage rate prior tp b:e se.4 -t f.dnsL'ucfmn The Prime Contrnolcr shall (award SubconlraclorlSub-Tie, request and shar ,. lak a .. ritte,t request to the County of San Bemardmu to obtain the applicable wuk class fication and wage. rep. to trs start of construction The Pome Conbacta is solely responsible fun ensunng that al'• S, ^track, -rSub-T!er mom coinphance with :he "DAVIS-BACON AND RELATED ACTS" requirements
3) 1 have said and understar . the`( a8, R COMPLIANCE CONTRACT ADDENDUM" including the apphcab;e Wage Dalerminationfsl ft ," .,no, reicre^coy pn:Icct I acknu+dodge the rccwpt and adherence; to (dlowmg provisions net forth ri the_:EMP AL LABOR STANDARDS PROVISIONS" before participaWI`, On !his projecL
4) 1 will. n IwJe the -LABOR COMPLIANCE CONTRACT ADDENDUM" krcluuiny the applicatle Wage DeterminatiOn(31 for ire above referenced project in any subcuntract%Aower her sgC,:onlractsipurrhase orders oae6uled I •sill toward to Panne Contractor a copy of all executed sub- tier csHractsipurchaso atoms to any lower tier scbcpnfraclgrs worn seven (71 days of -tic oxrcmllmn date Print Name of Authorized ESignature Signer
Select
Title Date
LCF DB116.2.0 I—., �_�=
um
07/27/2026 City Council Agenda 326
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C 6rl H\,ylilll\tl
OlJN'I'Y Communih De, r-!opinew and Iiminin—t Iiw,Mt fUnritI
FRINGE BENEFIT STATEMENT
use t�is form to dentJy rtzw Cora tde Fnnge Bane!! pL'rKsl n'eNcr ym,r crrptcyees a•e ^ r7epallrq List all r, t parry cla^s 'undi or In:Y!ea5 to rrh101 ydlx rdrn -Aim tri zweemm payrnanL "n Itx: rr:uaoit or ym.- nllployces Pr- tie do r—fly e.urr i!erl; o' ,:ach fnru;c type (,n 11d!an) ! " Payr:lis W tw —tnred to'millre Iha pfOper Frn:;n Benc•.l �!,.s are txvoq M4 dndd+ora' druax entalion —Y lae rcq-0 f payog
Specify tho fringe beno6t hourly amount &tong with the name, address and contact name phone number naa,dNanan:
i kYasflse wv'
Yataiacr•:earr,r�l1••r s.
i1da1&r tlrnefitNw.lY .Inwrra:
Mawr•AdrMas.aa•1r•+wlxllnfnrlerafYMFfaa,
ferlatar hrraas
— -
Ilr •ilhi l'.r:lnr l.—.-�.\anr
PT,+•cra
i Ad ,—
Clasxll!rallrur
tiff t-rare:
sa&oia—err T-0 l'ay 1'
friaer11-4lIt. lyA11-114,
Ka1nr.AJdrr.xaa.
•'actlnl. 'nallunoflYu4fundorl'rapa•n
nc�tlnauch.vr s.
77-
rcnmor l-
I t:arr,
Itarxa'
rktur r..
Ap;rr-,rN;l rraNlr:ryrf
Yar:t..
Pfi.r.r
i M4Nra�
i1+M+1
tix.w..
r1„r:ca
M:c.r It
i AJ.!ra�
QAll Fringes Paid -n Cash
I nenr!y under p—.N, of I1er!u-f Ihal I h— read ant unreels:&^d the M-c1lins In, rampletmg t!'e fear;. L-iifl s411emrnl 11-sei pee+tNunl , b this p--pct all !hal F6;lyr_ lk, a• I, ere Iw+! !a trw, a"—r d b ars, 5mlts, yinlgrams - n'lepinyees as Irsled aba'ae. and dor:ng !re progress of wn c'+ aL•rr.e Ma;ec' she id a dlarye io y,la•- e• rate o! Ne:r of the eawlw f—tio 3 to made s.:Pda*rrt^ra! mme—ts sell be suh-towd preaplrxnly
Print Name (Authorized E•Signature Signer)
Select One
Title Date
LCF 16-1.3 Crc.xrd i 17-Re.lw•d 7!In77
07/27/2026 City Council Agenda 327
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C -tV III 10-AIIIH1.0
f'attnlurjty llctrluptnCnt Ted llrtu,ir:;r 1)t•pat-1incryt
FRINGE BENEFIT STATEMENT INSTRUCTIONS
The Fringe Benefit Statement roust be submitted by each contractor and subcontractor with the first certified payroll report. The form details the fringe benefit contributions and indicates wicther these payments are paid to employees in cash or Wade co a third party trust fund. Supplemental statements roust be submitted durng the progress of the work should there to an increase or change In rates. Class.fication: Include all Trades/Classif)tations of employees that your company will use on the protect, including apprentices- Do not list each employee by name Please provide group number when applicable. For apprentices, please bit the period levels.
Classificaticn: I.:st each crafts) of employees) :hat you have working on the Project Effective Date: The date of the wage determination for the project Subsistence or Travel Pay: The amount shown in the wage decision of Use raft cl workers that require subsistence or travel at the Project location. d your company will be requaed to pay"., fringe- benefit insert the per diem amount within this scenon.
Fringe Benefit Hourty Amount: The amount of fringe benefits tl• - are paid c . ill If any monies are pad on oehalf of the employees they must be authorized in writing. All melw- os aymen• must be shown on the form. Nees to each li,ted Fringe Benefit, indicate the hourly rates for payner , ma ! to .myees on The various classiFcatons of work.
Do not induce amounts that are paid directly by the emp�, ^e Name, Address and Contact Information of P121 Fun6 a. "roli Paid To: Insert the reme, address and phoney of :he Plan,. Fund or Program where the menses are na i. It the benefit amount is to he pad directly to the employee. indicate Paid to Errloliam. Do not list eac'- �rnploy by game. Note: If you do not make your hinge benefit, payments ,Csthe local union trust fund you may still c W. .r o..n benefit program paid on behalf of your employees, as bog as the anmunts do not exceed the tot,' nmou r nowt, on the Department of Industrial Relations Wage Decimn that is pasted on their website. If the di' ereuce in a amount of your program is less Than the amount shown in the wage eelerminat;.Gn then the differersc. . t* o id tp the employee ;s part as the basic wage rate- Remember that any ✓ension Fund payments must be :rrCvOCJh'- pld to a "Third Parry Trust- All fringe benefits must be irrevocably paid to an authorized ^Ian, :und, Program or to me employee.
Please note that training fund contributions cannot be paid directly to employees lCheck DIR svebsde for exceplron5l and roust be paid to the California Apprentice Council (CAC) or to an approved fund such as a unxus trust fund. Note e A worker's utic or status with the employer Is not determinatwv of an individual's coverage by the prevailing wage laws What is determinative is whether Ir.e duties performed by the individual on the public works protect constitute covered work. An indwdual who performs skilled or unskilled labor on a public works project Is entdfed in be paid the applicable prevailing wage rate for the time the work is performed, regardless of whether the nsdmdual holds a particular status such as partner, owner, owner -operator, independent contractor or sole proprietor, or holds a particular title with the employer such as president, vice-pres,den:, supe'mtendent or foreman (Department of Industrial Relations (DIR) Public Works Manual).
1CIF16.1.3 c"- 110-aa,uatnpn
12 07/27/2026 City Council Agenda 328
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C .1,1 I;;.K�,aH1uw: c'lpmntanitr. Neyritrlimeni antl Flon:in. Dv))artlncn,t COUNTY
VACATION P1AN/PAID HOLIDAY DOCUMENTATION: CDH may require copies of your company's poky for emcioyeT paid vacation and holidays. Far vacation. If requested olease explain how you track the vacation hours for eac� employee Additso,al'.y if requested, please submit tropics of monthly repotts or statements from the bank/fund depository showing that the plan and vacation amounts are available low the workers HEALTH AND WELFARE DOCUMENTATION: CDH may require copes of the plan documentation Indicating rtonthh• or ruarledy c illings for the covered berwhts (and delineating all benefits per worker), as well as statements and copies of checks transmitted by your cornpany to the trust fund or plan for these benefits.
PENSION PUN DOCUMENTATION: COH may require copies of t'7e plan documentation (runt the Plan Administrate, iixlw8ng the plan summary. account balances. monthly or quarterty'ransmi;tals Into the account quid copies of checks transmitted by your company as payments into the accounts TRAINING DOCUMENTATION: Please Submit copies of ire Apprentice/ 1,r IR Certification Letter from your Federa�h• Registered Program Sponsors. The apprenticeship program must be regi. •red with the Department of Labor (OOL), Office of Apprenticeship. Include level, step or period of the apprr t,ce; appre .Ke's wage scale and ratio information. A tra,mng Or apprentice wage can he paid only if the trainee its. ed ^ a DOL approved apprenticeship or lrain•ng program cir with a State Apprenticeship Agency recogntr J by I ,31. (_ e,wise, the mdivntual is to be pa d We Davis Bacon and Related Acts (DORA) prevailing wage rate fr - th,_ 'I- .,ifa:atfon of work ;hat they are performing regardless o' their &kilt level (Federal regulations DC Nor REQUIRE t c •nip, vnient of apprentices on federally funded projects) OTHER DOCUMENTATION: Coll may require ,ys. ` A explanation• monthly reports or statements and plan documentation from the Plan AdmimstraN � for all 'THbn' company paid p!an(s). The implementing agencv will verity plan(s) for employer to receive credit.
If your company dues riot opera: undr cc, -ctive bargaining agreement or contribute based oil an hourly airman:
Wed may use the following formul„- .o car cute hourly benefits. Please be advised that examples are provided only to demonstrate how the formulas are us 4
Annual Calculation. The annual calculation is based on 2080 hours per year 140hrs x 52 weeks per year) ;ormuta Employee's Baac Hourly Rate x Number of Benefit (tours tB Hrc a Day x Number of Days) dMded by 2UNU Rows.
Wimple! At 520/Hr, with SD vacation hours a year, the howly rate would calculate as folbei 520 X BD Hrs - 51,GW divided by 2,080 hours per year = 5.77 Fringe Benefit Hourly Amount S.77
Monthy Calculation The monthly calculation factor 173,33 is based on 2080 hours pe, year dvrded by 12 months.
Formula lvtonthhr Benefit Plan Contribution divided by 173.13 Example if employer pays 52D0/month for a medical benefit, the monthty hourly rate calculates as follows A monthly plan contnbution of $200 divided by 113.31 - $1.15 10E16-1.3 tre.xdac7-4 Tsaiol;Inn
143
07/27/2026 City Council Agenda 329
Docusign Envelope ID B085BOBC-IABF-8A30-81EA-CD228F25144C 111,14 111 KNARUtArr
COUNTY
Y C r ,vioed In the �e-con packet Contractors
employvq :apprentices on the project MUST complete a Project Y age P e Sheer, he sure to het all avaitab!o apprenh:e penodrlevels w form For Apprentice rates. piense fawah. - -OH r _opy of the Appendix A and copy of Ihe rate s'lent ar4h finis term A;l MLumenis must bo uyl.�adw1 Onto 0,6 rep+ ab'.e OCCcument type :n LCPtrackar Department of Labor Wage lApprentice Classlficatlon
Fw GIs rate eza iMsiliC.ti- as a appars on Iha OB ds l", .I .H Rate:
Fringe Benefit
Total Rate:
0 0
0 0
0 0
_
L
0 0
0 0
Select o
Print Now of AuMwicW E-SiprsM sign+r Title Date
-.�..�.«. « ....^»...�^�•�^^^�•^".'CDN u8E oNLr-1""..«"..«""«"....«...."...'..« - Ratan condmad: Apprentice Rate Request- AppNwla A uploaded in LCP Ttattar ❑ Craw uta-1l.AMOif»n
144
07/27/2026 City Council Agenda 330
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C
PUBLIC WORKS CONTRACT AWARD INFORMATION
Ccn!' c: award ir.'oma',on mist cc xrr! 'o y::J: Cen-iltt iI yu, ere aprx—d '.o Ira:r tt you are not approved to train, you moat sand the mfon,-Il— (which may be this form) to ALL applicable Apprenticeship Commlttaas In your craft w trade In the area of the site of the public wort Go to:(Nkp'fl www.dir.ca.govidatabaloVdasfpwadtkstart.asp fw information about programs in your area and trade. You may ai�a cros,R D—a,, of Al41te11e9Ip Starvtares (DASi off— wruse. •elephera number nay yn, toca,:carp order Cai�nma. S6ate of !rd:is:na: fh!m- D.•.izon o! Ap:::er:'arxsFb S�anran+s
oa not "no tnis Torm to the UWisfon oT f4pprenimesmia ataimm w.
This is not a request 1 It Tis, latch or apprentices.
Caveracrurs nwsr ntaar a ;rcLvarc .ror,�esf rrr ac'uc • fck ,a, *dance w.fh Srctior: 2J9. +!al CaSl:�rna Cadr or F.�cdai..xr5 C' '-k On, Of (he Boxes Below
t We are already appm-,ed to train M yr ow - by the ,
Appren:s:astsrp Commilte . YYo *,:i a ploy and im, uMm !Pei, standards. fx,a " a t>x ccmm rs 2 ❑ We wdI comply wilh the slandatos
Apprenwxeship Committee for ,.re duratton 0 this ;ob only. rtr �aTe nl -ho ccmm:ba 3 LjWe wdl employ are! !mn app,"tces nr accotdame wen the Califan:A Apprm!wxship Council re'irr ;alionS. mclu frng § 230.1 (c) watch requires that apprentices en•ph:yed on public p'c,;ects can only de assigned to petform wort of the craSj cr trade to *hair the apprentice is registered and that the apprentices, mist at all Ernes *oik with or under the direct super:isa;n of jotaneymarntten. s+gr �rftae rare _
Typed hu—
rrre
state of California Department ai Industrial Relations D!VrSION OF APPRENTICES141P STANDARDS
07/27/2026 City Council Agenda 331
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Explanation to box 1 - 3 on form DAS 140
• Box I is for contactors who are already approved to train by an apprenticeship pfcgram (signatory/member)
• Box 2 indicates :hat a contractor is willing to cmnply with a program's Standards for the current project on'y. This geneally means that the fringe be.refits and tar, training funds will be paid to that Committee's Trust Fund it also allows a rontractor to take advantage of a more generous maximum ratio than the CAC Standards, but dues nol affect the minimum ratio of I apprentice hour for every 5 pumeyman hours.
• Box 3 means that a contractor will be goverrsed by the regulations of the Cailforma Apprenticeship Council, Generally this means that the minimum and maximum ratio for apprentices is the same - 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the, end of the project. It also means the Training Fund Contribution ,s usually paid to the Califor Na Apprenticeship Council.
II®
07/27/2026 City Council Agenda 332
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C REQUEST FOR DISPATCH OF AN APPRENTICE — DAS 142 FORM
DO NOT SEND THIS FORM TO OAS
You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to h-m-r'—: der asfor information about programs In your area and trade. You may also consult your local Division Apprenticeship Standards (DASI office whose telephone number may be found in your local directory under California, Slate pt, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of ioume~kets work you must request and employ apprentices in no less than 8_hour increments.
List one occupation/craft per form
Date: Contractor Requesting Dispatch
To Applicable Apprenticeship Committee: Name:
Name: Address:
Address;
---- ---- - -- License No,
Tel. No. Fax No. PWC Regfst alion Number.
Tel. NL — __Fax No.
project Information: PWC Protect Numb- _ Cc'ral Number_,_____.
Total Contract Amount. ab-Contract Amount
Name of the Project. _
Address: _
T
Dispatch Request Information:
Number of Apprentice(s) Needed: Craft or Trade.
Date Apprentices( to Report: f72 hrs. notice required( Timeto Report:
Name of Person to Report to:
Address to Report to:
Y::u mey use f.:is form !o m3ke /cur :vritten request for t!.e dispatch o! an apprentice. P.equesfs fordispatct mast be r n;n ng and subrrdled at feast 72 hair; in advance (e ,-Wng weekends and ii aysJ via f1rsl class mad. !ax cr email � of submission may b_ required. %'ase take note of Cahtomja Cede of Regulations. Title 8. § 230. f (a) fcir a!1 appijrahto regw,2menf s regari apprenfictestpp requests and/or
rr5!( h:: o:a%•n•.v ei der ca ea;v'd�.,''PubliAVort..F;;nn. ttm DAS 142 (Revised 10/19)
13"
07/27/2026 City Council Agenda 333
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C W K\ MUM) ('um{aunit} De�vlopnu'nf an{I i,ua+in� L)cj?:Tf'itltiril (:OUNTY
SECTION 3 ACTION AND OUTCOME PLAN
(LCF 0816.2.5)
CcnuRrbr must uxnpastc aril sudrna ltws lam F,OLL,OVfVQ tte c0-V al;o^ o'tre SFCTgN 3 RFSOURCF PAR TN;7PATI0:V CERTIFN'ATE CanVactor must inn it Zaactshe fokmiN sect— -d Mir alW1, askLtana steels Action - Outcome: Section 3 Businesses
. Gonva:fir wil ;udmoira7 al. dr a ,uc-a� oI dte +u•s w., ll'+s V*also! � Ytf � No • Crnira_tor mon IYscnbe oatrearh e!for{sl (a wn)jno ale ,esuh {aukmoaI taken m poll e_. up; W—Ai s v hauhfwn Section 3 Busiresses
Action (Csesrnhe;; Olrteoms(Smsnnanzr resdts c( Ine;n:ln+ts laker:
Action - Outcome: Section 3 Residents
ca-lnt.Wrtl.,tR n.,w per..[nrei 'w:N: nr a pat— (dw wok a+11-ir Rett Yss No Ccnlncter n+.;st desrnos ouL2acr esFlor(s1 IacbOni and the tr- As 44 :ku +t ..✓m w rmpin Sep ,. 3 Wakwii T.r efed Wwkers Action ;Oex-o:( Outeomelss-.,::r„� mn •rwss i.
Non&onstruchon Emp:oy,nerst:'den* any n— enspks( ac -s lnh. Contrts Isis'—d I�_, Non -Construction Ir.ns'rr M-s prcge:l E1an�y!r Ndn Conslruclron Jo^ Chss,ncav s 'r. 'rJOm TecNW4(- P!vI-xi:nal Empt„Yre Name: Sectl- Resin at Yes7 No I Daft of Nirs- : Job G.ssifcation- Contractor Certifications
I Cdn.trar'n-'as receaed a cooY o/ San Banardmo Carly Stxat 3 Plan and Use 2e CFR Pan 75 rspu!aticas. :. Con:raro' Yna'.1 mCude U'c tack, Ca ;Yranc�e Caaract Addrralu n iLCCA - CFR Pan 75 regh,7ar nsf m all cr Cw7aclor s euxuled 5ubcontracldr cmt,acts tar INS Protect.
I Cor,Irarnr noel! i-rrr{;iy niih t^e Cnun;Y s Section 3 P'ar, and INs Cnnwaacrs Serfron 3 CA (reach Ffro" and 9,4eome pw, T. Ccatracla w* w Jse greatral ewksnt teas Nr —74PY wAs T: numcr,�at Shan 3 tencr —lks sat ItYm in We Co tt'1 s SeCta1 3 wan lot Iris protect cr subcumract ng any cl ITN cork at INN . *t Contracto• .11 =.-W tr It,.Rt1D a'r.:�� i In7pn^-a: M tan on di'. er..a.jym, Ilsow :sr.. cunrNl in LCP:ra:kw ncKecy Csxlarn v:der p:nna:ry o' prryury :n ttx SLnt^ o' C.a:doirsa Mat cnr: s.^oue .rld'ma9a1 and s:atdnw^ts ccTdai•hod i^ tits Ca=UoCirs Se[I.rr 3 Jt!ttr+. Y4 auxcme Plan are I— ant coned.
Print Name of Au"bortaed E•Slyrsalsrs Signer
148
Select --
Title Date
e'rrars 107 ._ R—M VR.,
07/27/2026 City Council Agenda 334
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C "rnliltdilh% Del Llopment :nl;! }1Dl!c=:n Drlli: rftilt try 13K%IKDINu
COUNTY
SECTION 3 RESOURCE PARTICIPATION CERTIFICATE.
(LCF Da 16-2 dl
The undersigned tort✓�cs trat the company principal!s). and any aulbotuec Dersornel have read the Ccumtys Socttcn 3 Plan and wit co-aacl U'e County of San Bernardino Workforce Deve Cpmenl Dcpartmatl (WD01. Alter coma brg sit receiving informal— !rem WDD. the Contractor and WOO most sign and date !i_vr signature block section of ths'am "PLEASE ALLOW 72 HOURS TO P.ESPONO TIME"
Workforce Development Deparlmvat
CONTACT INFORMATION: WDO -Curtis Compton (9090"AAZU.� 'Q5 tnunrr-^r --- Contractor has contacted the County of Sa^ BemanLrx+ Workfrm, Delelrnmenl Department and has roco,Ld information to pancipate 'n the prarct:rahle opportunity for B- ,n+; a. ' F Vloyment Services including Section 3 bus,e %%residents to Da!tmip:ate In the construciion cd the prof t I hereby dectaca under Im!)aRy 0! penury m tro State of C.., m:. 's+t :he atruvo ir•'amatiot a,d aWtements contained are. true and romrt:l.
WORKFORCE DEVELOPMENT SIGNATURE
Comments:
Print %note of Authorized E-ftriture Signer
Se(ecl
Tirtr Date
reared P 12 - wererd'J!�:Lil
07/27/2026 City Council Agenda 335
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C s.1\ 1)1 It\ IN!11\li (-a)i)iitll!71171 Ill'1 t'!nI)i!7t'ill :lfitl !)IItIs113 �• COUNTY
SECTION 3 FORMS INSTRUCTIONS
(Lcr Wlf-l.a)
INTRODUCTION:
Employment opportunities for husiness and knrer intotnc penuuS in cunncetiun With assulyd projects. Sectun 3 applies to hausirtg rehabilitation, housing construction, and ether public consli-tton prolecls that exceod S24t),000 or more of housing oud community d"elupmwitt bnamial A,]M,Iiree from nncnr nun'r liousing mu1 thhaii orpattuicnt (H(ID) programs
The Comity of San Bernardino community Development and Iloe sing Department (CMI) is the recipient oil HUD financial assistance for public housing and huasing as weli as community devclopntentActivities. 1 hcsc prngramc ri'cpnre rnmpliancr with Section 3 tit the Housing and Whan Development Act of 17611. Section 3 requires that employment and other economic opportunities be directed tiiw•ard low and extremely law - income persons, parliculady Ihrase who are recipients of federal Assistance for huusurg, and Lu busntees concerns that employ these goabfying residents.
Thr Section 3 Plan handbook is provided as a guide to understand Secmnn 3 Cimnty plau, and thr husmes, and employment goals related to this project. It is Intended to Asslst taitlraetnt'§ in tnnnptymg with Seraon 3 requtrentents, but doe, nor nipersedr the n ntrlid provisions.
SECTION 3 RESOURCE PARTICIPATION CERTIFICATE:
• f.nntart the Work(orrr Devi•lopmenl Department (WDD)
• Compleiv an informational resource meeting with Will) • WIM signs and dates their signature block section
• Cuutracloi signs and ;taus Ibcirsigoinurr block section • Contractor uploads ducunleut into i.CPiracker
CONTRACTOR'S SECTION 3 ACTION AND OUTCOME PLAN:
• Complete the information section at the top of the liirrn • Lnl aay'Actinn" (t'ontraetnr) implemented for outreadt to hire Sectium 3 Bmuresaes • List ally'outcollle- tram the, (contractor's) outteach to Sertinn .i Busnw-es. • last any'Artinn" (contractor) implemented for outs each to employ Section 3 Residence
• List ally 'Outcome" from the (contractor's) outreach to Section 3 residents • Listany 'Non Coustruction Employnn-nt'(New Hires) fur the project • Re:wl"(:untr;tttnrtivnlic.riiuns'
• Cuntr:tttor signs and dales .n binlunt of pagr.
• Contractor uploads chwument into) I.Clivacker
Cl— 1/17-n.vra010an
ISQ
07/27/2026 City Council Agenda 336
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C ,AN e1%"1AK1AN0 t';lnllltunite Di'sC)U1)nit. fit atilt lluti\Illy Dcp:I-In)eat COUNTY
SECTION 3 BUSINESS CERTIFICATION
Name of Business
Address.
City: Stato Z;P Code
Name of Business Owner:
Pfwne Numberfs)
E "a" Address
ame of Preferred Contact:
1-one Number of Preferred
nntan d different from above
i pe of Business: Sole Proprietorsh, Parinersh, ' oruora0o, 0 ;omt Venture m Cert ficatian Regarmn3 StatJS as a Sect Z b. •iness .oncem The undersigned certifies that the company rp incir ], z ,d ar,. ,rulhorized per sonnet have read the Countys Section 3 Plan. Before contract award bus -.s must submit additional documentation to verify Section 3 eligibility and demonstrate cap,,lity. -rlr further information regarding Section 3 Business Concern can be found at . t: ; - _
'Section 3 Business Concern" means a buvness s. 'ore.. ,mark ore). ❑At least 51%or mo�e owned ana wol� lie' -s —Gr very -low raceme person (Refer to,. -come guiaelmes found on page 2): or
❑At least 51% of the business .wnea Ind controlled by current pubic housing residents or residents who currently We in Section 8-assist,d s .using; or
At;east 75%of labor hours pelformea for the business over a the prior three month period are perforn,Le.1 by Section 3 workers.
Owner hereby declares under penalty of perjury in the State of California that th foregoing declaration of "Section 3 Business Certification" is true and correct.
OWNER SIGNATURE TITLE,
PRINT NAME p" t r
E%HIMT: I
ME
07/27/2026 City Council Agenda 337
Docusign Envelope (Di B085BOBC-1ABF-8A30-81EA-CD228F25144C nl KN KI-!>'.. C nTvulI 1)exclIII) nu'ot wld II"• I.iIi f'LpartIII, ell T COUNTY
SECTION 3 Worker/Targeted Worker Eligibility Form
company Karns
3 Employee Name-
Em a Aydreas
r
I
Slate;
Zip Cafe:
Dale of Here.
?hone Number
The pl =r . al HUD S SeCGon 3 p Mgam Is :o prurco emclayman:. VAomg and ccrracbn) opporun hes to Irm Morre panrculaaly a•.ase w!w are reep.•.nts of qo•+M'mcM ass.stanee fw h:u:ino or chat pub1;. astisWnca .: oc :Ins. Vcu: rn;r.:'se c vt>k:nlary, ro ^hctern�i:. :nrod h:rn rn »1fert on y::re emtA,yrnerl R Seclien 7 wwkx selling cwufin:on shai ssScertlty anC srtx!vl ars form lu � e reo^wnl Cuib#Cor �� u.tr_-rx:GAaor, that rotor cr!rsnn n a SeC.a+ 3 er;rker rx Ian}W.•rl Sr!rlon 7 Yitr.%er. snc ded and rn 2a CF4 Pn• r5 Section 3 Waller ellniWl�tY auabfiegelon
�nenrdi.#t 'n:ont :or!�w prArJlS rr ai:nu#krN calendar ye#r �S ae!aw If+C inccmo Ir . csL++' scree by M1D fa tta area whrrerou k+d+Eirlfieome
Less t+an{1o,o0a iIII'm I .520,000 Yl4frDf-Na.00o
5WM act - no. oo0 sw.w I--- 1p,a61 -W!1 Nrf i70,oD1
El
1 Am cunenny ✓+r�.foyoC DY # SCLIKn S Gr t1�iEs3 Cr. -r.. i nm n Yo�:l.a:,ro ^.anlcp a^[ -: S•:c!vn 3 `.;tr. "r+aker c „y;+ly ). 4etwn 3 Taraerea Mvker eliaibiblr aua:&WAjip-
CwrerSr Enp+oyed by
❑ ;:urtently h`s a wnen NrW rt`we!s a! re,ast on al Lne 1cEow+ng a]ecjrxras, as bxl.menl.!d 'a 1!!,n the pasi �i�e'rlfaR: I( ❑ _Iving anth,:n tfw sw✓iCe a,.a w Il. rwKj-1—d of Iltn or ` ❑ 1 am a Yo %bw'd p4rVcp.n.
I affirm Mat r)w Information on this form Is true, complete, and cared to the bast of my knowledge and belwt. 1 hereby cerlrfy, under penally ur law, that the following Information is correct to bye beet of nay knawirdye.
SIGNATURE LL DATE
PRINT NAME
FOR EMPLOYER ADMINISTRATIVE USE ONLY
Is the employee a Section 3 worker based upon their self-reNficalion? " ES © NO Is the employee a Targeted Section 3 worker based upon tteir selfCen:ffration? YFS [] NO .Vas :his an applicant who was heed as a result of the Section 3 Frojecl" D YES I] NO EMPLOYERS MUST RETAIN THIS FORM fN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS 11E
07/27/2026 City Council Agenda 338
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C . n:1Anetmid� })e••elr+;u!t r,l aoe11 II' in j
.. CAI !:\:\kDINO
COUNTY
SECTION 3 CUMULATIVE REPORT
;.,I R.P1.1c
PI-y Re: t
Fi1E4 Reyr,
TWA n.,-.W aA.f '.w Sf I_ 3 %-., —
t.rml,:r._,a-craxr.e.n er•-,yeti'w:+.e. ar 5_t j1>r,x:ecay4e- 1: SrK1[+n 7'. ahrr Ik:un:T--par I.+l.,r (last • 7i°..
4d
Tdr�el9j Sacacn ]La3aar,IwticlX l?['o'karus -S'[
L_I The gvd!'w- ]cf.V lnE r.Art Reba x:-x P.ss Is , ,:d4/' ;n ,•Ad" Sn!nn Jr ...!,—.a
Qr_nedq a n L\.m.dcr fIr u :n OfrEE,d'+ 1=a xw •=a,s ra+o - Pro.:a+r1 o-en,:3 u s:y[.nucesrs, w5:u1-n :'es
P: *d ;etfr.•.d:N AEv!J.,rw: Ia r's1;, S.+Cw J aakt+s crr a. n!.s In 9 . •+rE,.r•n Ax,s'..n , �t4' :...
Yc ricR
❑ r'ror±oW ct wranett SaCxn J ro-kms I: , ro y »wr
�esdrnfat arl ,.rfrDcr+(e Q.rwl+l r.a3nM l�rm.F rwrvra
,km..v 4Y1IrrJs. I:a•rs:OTJVSI cH.'d r,A:h'
❑ ?ro.i•]e� AEErb1111:e IU.t..li I.d:u d!:erd ['Ynnf'Lr.'] :.G1000 .l la,:
.Y—_.Ju:aPJrW i�SSh.Arn o S V lechrrcAi!I i)
❑ AYLitIC Sfuedl J AG,tsR L^ cD'Yn fF.dK:X KV L •,:� af+L':J ndcn.v
QEgs9.c n.we.x�` .pus to -d-tf, I'd s.n.-e r rn 1• Secvon 3 eav-css:c,•_.—
❑ f'n]+.3eA ICGh•ECJI Ass.: •• to kwP >�+x+ 1 _v::rr.: caw,xn•J urhn'a:v1 A -A Hd [.E, [rx+rests
❑ a.•dc censxrs lydc v-a r� +:r:c!a:_ Te•". +' -+. ca'J: o!!aM [•J Wrtl:h YJ E.Yu•C �1:5 IRIm Srtin' i DP Ls d whtica' xresu IQ - op Sw.,r 3.'n.,r
u,[a m.w and w Jr —I,— E
�}r drr. .•. rvaca n•o s'vx+ oCs s] hK.dXr. f• '-c.:YY_n q' Se:w 1 ess�.,au onxar-s
Q'^ntia+a Co"af q dss :!onto T.rx:. c- ct-.r et,s Id s "j—. 1l b d,'+vn G;;'ee: 3lw.ness rnxrrs
❑Pr:�. hN �': �p h:.- +•.ysk.-.::+:•w,s:+•: f:i r-:rA'.n iKtn,..n ras.i [SndJvanl;ha,A J•tf. sm tlFAnr•w•yv:s
❑O[,vx.dc�. nny.sgm+•w :x !'ertaY wan :He LW:t �-'.[uo Lyc:cm ds admxl i• Srcc:Ur 1211-1210 7.e 1'; axry;,a :rnor.q M aN Opgx�k+,dy d;l
i /!r+• Ss aC r'd•a :ra?s.r! nYs Fs a1'er'a a, J� ^a t.r:,lxa:.=n Y. c..rY !4Y:,w`rE5 n ]c>T E ac+.M'�.o,y /N+n v,¢ wrcr.,+.vw rl - r
06 IN
07/27/2026 City Council Agenda 339
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C ' N IN it k%It III `:,'
CO'ntnftfttuii�1)c�ctapnx•nl ar,d (?c�t.,in�i)ct�nrtmc•ui O I N' 1 1'
AUTliORI'LATION FOR PAYROLL DI'DUCTION(S)
Projoylt Nam:
ProectCode: -_- -�- -
Company Name:
Em ioyee Nam: --
Last 4 diglts of SocIM
Security:
Form MUST bu sQnod bf Ine EMPLOYEE woo+,ds-OTHERIGARNISH' deducFon(S) Sabtrac!cd from r,s T-cr payroll cl eck.
Deduction types irclude Ahman,y. JL'tl Sunnort, otner Court-0rdered De d• ,"gong or Garnishments. T+a ufr . Umforin . e DIK( LGan Advance Paybagas. or Vo+mlary Irsurarwe, etc. This four to I . Sub-rdted BEFORE the first Cerld,ed Payroll Report (CFR) Ief'ccllrg U.e deduc icdlsl SUPPORTING OOCUML 'T' ,ION 'nr -OthedGarn:sh' deeuehors may tit rewired, al fee,.—sted
Deduction Type. Explanation for Dedu ion(i Weekly Amount:
I
I _
I THE ABOVE NAMED EMPLOYEE. HEREBY AUTHORIZE THE ABOVE NAMED CONTRACTOR TO MAKE THE ABOVE LISTED DEDUCTION(S) FROM MY PAYROLL CHECK. IT IS UNDERSTOOD THAT THESE DEDUCTIONS ARE IN THE INTEREST OF THE EMPLOYEE AND NOT A CONDITION OF EMPLOYMENT. OR A DIRECT OR INDIRECT FINANCIAL
BENEFIT ACCRUING TO THE EMPLOYER, AND NOT FORBIDDEN BY LAW Employee Signature Date
Company NamelHame of Authorized E-Signature Signer Title Date COMPLETE ONE (1) FORM PER EMPLOYEE.
LCF 16-I a i t v - a..,vd kl)
ISl
07/27/2026 City Council Agenda 340
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C I RAINING I I Nil
CON I WHU I 1()\S
vI, -, if
State of California
I )epartmew of Industrial Relations
(-Aliftirnia Apprenticeship Council
RO. Bit\ >11283
[.,is (':% 90051-7838
SOmmv Cmttacl Inf.rM.008
fransaclit'll Ill- XXNXXX
tolAt Ammint: SIIILnII
I ,nrn.0 f- I .r ta— \\\\\\
07/27/2026 City Council Agenda 341
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C ::3C,2wo oCIIR c—Apdcanon
eCPR Online Confirmation
Your payroll submtaston request has been processed.
PAaMs r6VrBw (IlB rafufta DI yGlr suyllrsslun. Sr1au;E you r.YA! anv gt;n'tions p�c�se [untact IM eCPR ul�ii M Co traaw Nanm %ame of Ccwrac4_v
CW110C.c. ALnre53 CClurartcr A01n1e51
Cdy- CA by C,x . AWRfd g BodyP'.n1Te of A'Na-OTC Body
PM^I i0 12345b
Conxaet LYih Na— of Pnme cw am),
Yleak Er d.ry Oaf.. 2020-12-20
Pay,uI Numbr 1
Am nd,vt nt Numi--,ef 0
4 emVnynn pny-1 rum-9(si r'It--Ud
Y— Ttg swliw lO is 10[1000rCO
lam
lyir_•w'yCuf Su1M'IsSCf ��
-Cp5'.C-hr•77'.Ca 9GV.eCpR.-IMPw—CMt0—F,-Pr F1 rW
156
07/27/2026 City Council Agenda 342
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C - Insert -
DAVIS-BACON WAGE DETERMINATION
07/27/2026 City Council Agenda 343
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C Davis Bacon Info.
Please see DB Wage Decision C'A20260026 .%1od 23 1-23-2026 Im
07/27/2026 City Council Agenda 344
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C "General Decision Number CA20260026 0123.1026
Super}eded General Decision Number. CA202501126
State: cAifonus
Construction Types: Building, l lemN (Ileavy :md Dredging) and Highway
Count)': San Bernardino county in Calitortua.
BUILDING CONS'IRUCI'ION PROJEC'7S: DREDGINO PROJECTS (doc� not inmhtrle hopper dredge work); 1IF.AVI" CONSTRUCTION PROJECIS (dots not inclu& water well drilling): HIGHWAY CONSTRUCTION PROJECTS t•fodiCi�aliai Numher Publication llale
0 0102'2026
1 01161.026
2 0123:2026
.ASBF0005.002 09;01'202i
RatK Fringe.,
Asbe to, Workcm1nsolator
(Includes the applicmion of
Al insulating materials,
pwlectiec cotzrings.
comings, mid finishes to all
Icp:x ofinechmnical s}sternsl_..S 56.32 26.52
Fire Slop Technician
(Applic:uion of Firestupping
\faltrials lorniall openings
aid penetrations in walls,
floom, eeilings and tmrtain
Kraus)..__. ... I ......... S 39.94 20.65
ASBFt?)05-OG4 07a04�2022
Rates Priors^
Asbestos Ruuueal
utni—r lur.irdous material
handler (lnclads
prgiaration, wetting.
gripping, ramocal,
159
07/27/2026 City Council Agenda 345
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C scrapping, vacuumin, bagging
atxl disposing of al I
irtsulati011 nraterials I(Ont
mechanical systems, whether
then contain astxstos or not)...$ 23.52 13.37
-----------•-----•-----------------------------....... . 11011A092.003 01. 01, 2024
Rate Fringes
BOILERMAKER .....................5 51.9S 42.11
---- --
' BRCAO(01-Olt 03'01'2024
Rates Fringes
BRICKI.AY[iR: MARBLE SFTTF.R.....—S •15.33 20.29
'Tlw wag,: Swale for prevailing wage projects perfotuteJ in I%ibc. China lake. ikadt Valley. Fort Tmia Twenty -Nine Pahn- Needles and 1-1 5t./TdiM(limmow to the Nevada
State Litt.•) will he Tlrrec Dollars (S3.00)-A-we the
st.utdard San Wmardino'Rivcmide Cotuttl hottr1% wag: rate BRCA00184004 06 �O V2024
Rates Fringes
MARBLE' FINISHER........ _ _ _....$ 43.39 15.36
TILE FINISHER ... ............... $ 37.96 13.77
TIT .F LAYER... _.................. $ 51.92 19.32
........ --.............................. .............
B RCA001 g-010 09!0 I %2024
Rates Fringe%
TERRAZZO FINISTIIiR...............S 42.11 14.67
'IERRIZZO IWORKER'SILTY R...........S 49.62 15.26
--- ............. .--......................
C ARP0213-OOl 07 01 2025
Rmtw Fringes
C:1RPF N,n:R
(I) Caq+anter. Cabinet
Installer, Insulation
Installer. Ilardw«xi Fkxx
07/27/2026 City Council Agenda 346
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C Worker and acoustical
instiller...............-S 52.24
26.18 (2) Millwright .............. S 52.24
26.6R
(3) Ptlednrennen'Iknick
llargeman. Bridge or Do&
Cartwnter.11elll framer.
Rock 13mgent:ut or S. uwtttan
We kslinger, Shingler
(C'ontmercial)................S SIP
26.19 (4) Pneumatic Nailer.
Power Stapler ........... -1 52.37
26.18 (5) Sawfiler— ............ $ 52.34
26.18 (6) ScatTold Mulder ......S •15.37
25.43 (7) 'table Power Saw
Operator..................-S 52.34
26.18 FOOTNOTE Work of fimuutg in the comintctim ofopen cut sewers or slant drains, on operations in which horironlal lagging is used in coniunction with steel II-13cams driven a placed in prc- drilled holes, fur that portion of a lagged trcn.:h against which concrete is poia• rl, nanwl3. as a substitute for back [inns (which work is performed by
pilcdrivrn): S0.13 p T hour additional.
— ............................ ----- ------------- ---
CARP0213-002 07 01,2025
Rates Fringes -
Diver
(1)We1.....................S40192 26.18
(2)Stmdh}•.............. _S450.96 26.18
(3) T'cadcr................S 442.96 26.18
(4).VsislautTender.......S-11R96 26AX
AiTioutt,s in ""Rales' vvluutn are per day
------------- '-------- --.-------------------
C ARP0213404 (17:Y) I r2025
Rates Fringes
Dn-wall
DRYWALL INSTALLEWLATHER.—S 52.24 26.I9
STOCKERSCR.XPPF.R........... .S 21.45 11.27
---------------------------- ----- --------------
C ARP0721-001 07;01: 2025
Rates Fringes
141
07/27/2026 City Council Agenda 347
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Modular Furniture lusmller.....$ 25.00 13.06
-------------- ---------- --------------------- ----------- ------ E I.E:C0440-(H)4 1131. 2024
C'OMMUNW.,'(1IONS AND SYSTEMS WORT:
Rates Fringe,
Comnukill catiwn S%stenl
hntallec..._.._.-_.._Sa5.23 314•19,11
1-muliciatl..—......... ... S 33.09 15.99
SCOPE, OF WORK:
[m allation. t-sting. sen ice and mainlruutce of srstcttu trtilizing the trimmmsion andttt Iratsfercne of voice.
sound. \-wort mtd digital fur commercial, ahbcalional.. security and rit •rlaitunetil pucpases lit the lidl-wing. I \ matiloring and strveillance. hackgrokind-fitregrotuul music. intercom attd tolcnhonit uuercamccC imentort control
ststatns. miemaavc transmission, muhianedm multiplex.
nurse call systems. radio page. school intercom and sound. burglar alanns. lire alarms. and lot% toltage master clock ststcm, in commercial buildings. Contmunwation Sy%tctm
0tat transmit or wectte nttorntaliort aid or control systems that are intrinsic to the above listtd s%steuls: uiclusiwt or exchuion of tennin:tions and testin,^ of conductors
dctenuined by their litncticn: excluding all other data systms or multiple systems which include control rota ion or power wpp4 excluding imtallation of mcetvay syslems. conduitsystems, line voltage stork, attd wergy manaremntt systcnt t. Does not cover work perftnned at China Lake Naval OmIlmice lest Station.
ELLC04 i7.002 06 01 2024
Roue, Fringes
E.1—sriciats:........ .S53.15 31�o-27.43
CABLE SPLICER: SL50 per hour abate Electrician rite.
TtTNNEL WORK: 10': above Electrician rate
`LOVE: PAY:
Zone A- 80 road roles hom Post OtFtcc. 455 t h:m_ge She"' IAm, Salt Bemardino. will be a free -rate Cur all
antralors
ME
07/27/2026 City Council Agenda 348
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD22BF25144C Aim B - Any work perfomred outside Lane Xs SO road miles_ shall add S 12.00 per hour to the current .cage scale
--------------- -----------------
ELFC 12a5-001 01 01 '2025
Rates Fringes
LINE, CONSTRUCTION
(1)I.incmarr.Cable spliccrAIR).16 24.71
(2) Eguipmentspecialisi
(operatc, crawler
tractor,, commercial motor
vehicles. backhr>,-,,
trenchcts, crane, (50 tons
and below), overhead &
underground distrihtmion
line equipment) ..........__5 53.10 22.26
(3) Or mnrhnan...._.....—S 30.76 21.76
(4) pmOzrinan..............5 51.97 18.79
HOLIDAYS: NYwYear's Das'. V.L. king Dad. Memorial Day.
[rdclxndence Dal', t abor Day, Velersns Mn, Thanksgiving Day and day alter Thanksgis ing. Christmas Dad
— -- -.----
FLEV001R-001 01:01; 2025
Rates Fringes
ELEVATOR MECHANIC_ ............. S69.43 3&435,a+b
FOOTNOTE:
a PAII)VACA'IIOV: EmpMt�'crc„txribm.:vR"+ofr3;ularhourl)' rate as vacation pay credit for cmploctts with more thmr 5 cars of service, and 6°b for 6 month, to 5 N can of sen i.e. b 1.%[D HOLIDAYS: Vnw Years W%. Memorial Day. Independence Day. Lahr Day. \tteraus' Day.'Manksgiving Da.y. Friday
atter Thanksgiving. and Christmas Day.
FNGI0012-004 08 U L 2025
Rmes Friteges
OPERAIUR: PonerEquipment
(DREIXiING)
163
07/27/2026 City Council Agenda 349
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C (1) l."emun................
S 67190
(2) Dredge doror.....
... ..S 6193
(3) Decknute..........
......S61 U
(4) Winch opermor
(uem
,winch on dredge)...__....S61.27
(5) riremmr-oiler,
lleckhand. (iarlernan.
I.evcehand. _........
_ .S 60.73
(6) Mige Mate... _........S61.34
ENG10012-024 OTO1i2025
Raves fringes
OPERATOR: PauerEquipment
(All Other Work)
GROUP 1- ...............$63AO
GROUP 2....................$64.18
GROUP 3....................S64.67
GROUP 4....................S65.96
GROUP 6....................S66.18
GRO<<P 9...................566.29
GR(N)P 10...................S66.41
GR(K-P 12....................S66.58
GR(K'P 13 ..................$6668
GROUP 14_..................$66.71
GROUP 15...................
$66.79
GROUP 16............ ........
$66.91
GROUP 17....................
$6TOR
GR(R T 19............. .......$
67.1$
GR(R'P 19....................$67.29
GRO('P 20............ ........
S 67.41
GROUP 21..._............
..S 67.5$
GROUP 22........... _.......$
67.68 GRG1'P 23....................
$ 67.79
GROUP 24....................$
67-91
GROUP 25...................S
6R.08
OPERATOR: Power Equiprri ent
(Cranes. PiledrMng R
Hoisting)
GR(H'11 1....................
S 64.75
GROUP 2............. .......
$65.53
GROUP 3.............. ......S
65.82 GROUP 4.. .................
$65.96
GROUP 5................
.... $66.18
GROUP 6... ....... ........566-29
GROUP 7....................S
ti6A I
GROUP $....................$
66.58 40.95
40.95 40.95
40.95 40.95
40.95 33.20
33.20 33.20
33.20 33.20
33.20 33.20
33.20 33.20
33.20 33.20
33.20 33.20
33.20 33.20
33.20 3i 20
33.20 33.20
33.20 33.20
33.20 33.20
33.20 33.20
33.20 33.20
33.20 33.20
164
07/27/2026 City Council Agenda 350
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C GROI'P 9................
S 66.75
33.20 GROUP M.- ................
S 67.75
33.20 GRMPII...._.... .._.._.$68.75
33.20 GROUP 12....-...._
S69.75
33.20 GR(K.1P 13...... - ........
_S 7075
33.20 OPERNUOR: Power Equipment
(1lnuiel Work)
GROUP 1......_...... .....
$63.25
33.20 GROUP 2....................
$ 66.03
33.20 GROUP 3....................
$ 66.32
33.20 GROUP 4. ...............S6646
33.20 GROUP '.................
..$ 66.68
33.20 GROI'P 6.._..............S6679
33.20 GROUP 7.................
..S6(i.91
33.20 PRE11111•�t PAS-.
S10.00 per hour sI1aIi tic pall! In All Power Equipment (lperaA(lr work on the Eollowng hliliurc i asc i-: China Lake Naval Res me. Vandcriberg AF13. Point ,1n;ue1lo-Scely Naval Base, Fort Incin. Nebo kinw \larine Bar. Marine Corp 1.)gistics Base Yemvi. Ptl%sards AFH. 29 Palms Marine, Base and Camp Pendiettar
Workers required to Sun tip and work in a hvnninu; material etwirwinienl' S20) per hour additional. Combination mixer and canpre.sor operator on -mite w1rk shall he elaSSIlied :u it wncrete mohde mixer opernor
SEE ZONE DEFINITIONS AM'.R CLASSIFICATIONS
POWER EQUIPMENT OPERATORS C LASSIFIC A11ONS
GROUP 1. Bargemmt: Brakernau: Compress( gxrwor: Ditch
Witch. %%iih seat or similar t.%Pc eyuiptneiit; Elnator operauir-inside; Engineer Oiler. Fo.rklifl opentar
(includes loed. lull or similar types under 5 torts;
(ie orator operator, Generator, ptunp or tarmpre.xut pl:au o perator, Prnnp operator. Sigiulm.tw S%%itchman
GR(H'P 2 .lsplah-ruhhcr plant operator (nurti tmik
olxranur):Coil Tubing Rig ()i eratoi, Concrete mixer
opermor-skip txpct Cnnveror. operator. Fireman; Forklili operator (includes toed, hill or similar type,, a-ver 5 lon,,:
Hydrostatic pump gwrator, oiler crusher (asphalt ur
concrete pl:ml), Petronrat lax,down machine; PA' side: darn jack: Sercening and ;onvevlr machine operator (or sirnilm types): Skiploader (wheel type up to 14 yd. without
; itachiuew is jar pot fireman: letnporrc heating plant 07/27/2026 City Council Agenda 351
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C operator. trenching machine, oiler
(iRO(T 3..A-%plmh-rubber hlctxi operart, Flobc.a or similar rape (Skid steer): Equipment greaser (rack); Font Fcrgrron (wilh dragtspc attachmcruq) Helicopter radiomen (ground):
stalionan pipe wrapping and cleaning rtlachiue operator GR(X]P 4 asphalt plant rtr�msm'. Fkicklxe nperator(mini-mas ar similar 111e). Fktring malninc ope,rator. Houu:m or mixcnnan (asphalt or nmcrcte): Chip spreading machine operator:
Cotxrctc cleaning decontamination machine operator.
Concrete Pomp Operator (sntall porrahlc);Direct Push
Operator (Ocoprtbc or similar t}pcs) Irillmg machine
ol)erator, sntall auger types (lenorna super ecommnatic to imilar apes - liughcs 100 or 200 or similar type,: -
drilling dclxli of.f<)' maximum). Equipment greaser (grease truck); Guard rail p:%L driver operator: Higlthrx: cablCwev signalman: llydra-hammer-aero stomper. \limo Turimling
(above ground tunnel): Po%%cr concrete crying machine
operatsr. Potter cancrye yaw operator, Power -driven jundw tone sltcr opernon Power sweeper operator, Rock Wheel
Saw.'Tamcler Roller operatox (compacting): Scroed operator (asphalt or concrete): Trenching mn:hime operator (rrp to 6 fi.): Vaeumn or much Iru&
GROUP 6. _lrliculating material hauler, .asphalt plant
engincer. Nuch plant oparalor. Bit sharprner. Curtcrete joint machine operator (canal and similar type); Concrete p)ancr operator- Dmidy digger: llcck engine operator;
Dori c:man (oaftield Ivpey Drilling machine operator.
bucket m auger types (Caheeld 1410 hkW ket IV similar types - Watson I(M auger or similar types - Tura 330, SW or
60 auger or similar Ivpes - dril ling depth of 4V
nummum). Drilling nuJiChule operate,~: Ilydrographv secdcr machine operator (straw. pulp or Iced)..fackson trail,
maintainer, of similar type Kalamuoo Switch tamper. or
similar 1pp e. Machine tool tpurator, klagimtis ire real full .lab vibrator. Mcchanic:d bemt, curb or gtltter(concrete or asphalt)'. 1lccltanical finisher operator (concrete.
Clam-Nuisrm-Hidwell or mmilarl. 4licro tmmKl system
(below growni). 1'a%oucnt brakcr operator iinrck motmted):
Road oil mixing machitnc operator. Roller operator (asphalt or finish). mbbcr-tired c:mh moving equipment (single,
engine, up to arxl including 25 yds stmck), Self-propelled tar pipelining machine operator: Skiploadcr operator
(crawlermid wheel type.. over 3.4 %d. and up to and
Including 1-1 2 der.): Slip lu m pump operator(power
166
07/27/2026 City Council Agenda 352
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C driven Indraulic lifting device for coneme tbran.c):
Tractor operator -bulldozer, tamper -scraper (single mgure. up to 100 h.p. fl}wheel and similar r Tc,. tip to and
inehding D-5 and similar types). Fu?'Far I1"i't operator ( I dnim); Ultra high pressure waterjel cutting tool s}stem operator. 1'aanml blastin, machine operaor
GROI T R. Vpkrlr or concrete spreading operator (tamping or hrlrshuig): Anpl"h (living madime Operator (Barber Greens or similar type); Asphalt -rubber distribution operator.
Backhoe operator (up to and including 1 4 Yd.). small lied.
Case or similar tvpcs: Cable Bundling Machine O7eiator
(excluding handheld); Cable Trenching Machine (hieratoi (Spitler P km or slm i lar t) peg) C asl-i n-plaLe pipes lay i ng machine operator, Combination miser and coiopreswr operator (gunite wort:). Compactor operator (self propelled)'.
Comma to mivcr operatur (paving): Cn shing Platt operator. (hill Doctor, trilling m:i thin operator. Bucket or auger types (C'alweld 150 bucket or similar gTics. - Watsrm 1500. 2000 2500 auger or similar types - Tesosua 700- 800 auger or similar types - drilling depth of 6(1' nnaximum): F:le%aling grade( operator. Grade checker. GradalI operator. Grouting machine; operator: Hcavy-duty repairman: Heavy eluipient robotics operator, hal:mnazoo ballkle regulator or similar type: 6ohnan feh loader and similar tape; 1-c loturncau blob compactor or similar ape: Leader operator (Athey. Euclid, Sierra :and similar tvpas). \9obark Chipper o'r sirnily: Uzlie paddlr or similar U'pes: P.C. slat Sae%. Pneumatic uotwict-' placing machine opmf r (Hacklcy-Prv�,sµell orsilnilar
type): Punnpercte gum operator, RC%l Cementing l InitONrat r, Rail\witch Grinder Operator (Harsco or similar types)
Rock Drill or similes types; Rotary drill operator
(excluding caisson t)pe): Rubber -tired each -moving
equipment o peralor (single engine, caterpillar. Euclid.
Athcy Wagon mid similar lvpec vcilh any yid all attachnicnLs over 25 )tts, tlp to aid including 50 cu. yds. struck), Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 lds. struck): Rubber -tired scraper openior (self -loading paddle wheel ape -John
D:crc, 1040 and sumiar single umt). Sclf- propelled curb and water machine operator. Shuttle buggy: Skiploader
operator (craMer and wheel Ivpe over 1.1 2 vd, tip to and includmg 6-1 2 )ds.), Soil remedialion plant operator:
Surface healer, and planer opetatm: Tractor cvnupressor drill combination operator; Tactor operator (an}ripe
larger than D•5 - 100 ltvsvheel h.p. aid over, or
similar -bulldozer, tamper, scraper and push tractor single angitw)- la -actor operator (boom attachments). 'Frmeling 167
07/27/2026 City Council Agenda 353
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C pipe wrapping. cleat utg :rid bencing machine operator:
Trenching ntaehine operawr (over 6 11. depth capacipt
numufacturer's rating): trenching Machine %%ilh Road Miner altaehnrerit (o%er 611 depth capacity): Ultra high pressure %%Acdel aching t.wl syaeni mechanic: Rater pull
(cunipaction) operas r
GROUP 10. Drilling machineopermor, Htickcioraugertgpcs
(Cahveld 200 R bucket or similar types-\t'atsun 3(X)(1 ut 5(IU(1 auger or similar apes-lsortia 900 auger or similar
taper -drilling depth of 105' masinurmp. Dual drum miser. dyttarnic compactor I.D 350 (orsimilar apes). Monorail
locomotive operator (diesel- gate or cicctrie); Motor
patrol -blade %grerator(iuigle engine): Multiplc engine truuY apermor (Euclid and similar tlpe-except (tad 9
cat.). Rubber -tired earth-mocine equipment operator (single engine, over 50 yds. slrtic k): Pneumatic pipe raumurtg 1001 :utd similar apes; Prestressed %%rapping machine operator.
Rubber -lit tit %aril%-muving equipment operator (single engine- over 50 yds. struck); Rubber tired earth nw%utg equipnteut operator (multiple engine. Euclid. caterpillar and similar over 25 ail. and up to 50 vdsstruck),'lower crarie repairman: Tractor loader operator (crawler acid wheel Lyra over fr1.2 %d%.): Waotls miser operator (and similar Pugnmill equipment)
GROUP 12::\ulo grader operator Automatic slip form operator, Chilling machine operator, bucket orauger types (Calueld, .wg:r 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Dtuy, auger 2U0 err sinidar types - drilling depth of 175' masimimq; Fine rain or similar with compressor. Alas.r excavator operator less the 75(1 cu. yard%; hlecha ical Itnishing machine operator; Mobile firm traveler operator: Motor patrol oNnitor (multi -engine):
Pipe mobile ntachitte operator. Rubber -tired earth- nioeing cquipmeni operx(w (multiple engine. F,uclid. Caterpillar and similar type. over 50 cu yds. struck): Rubhcr-tired self- kmding scraper operator (paddle -wheel -auger type self -lauding- two (2)or nnxe units)
GRO[`P 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine. up to and including 25 yds. struck)
GROUP 14: Canal liner 0lxr001'. Canal innimer opera:,w.
Remote- control earth -moving equipment operator (operating a second piece of equipntart: S 1.00 per hour additional). \i9ieel exca%alor operator (over 750 cu. Yds.)
07/27/2026 City Council Agenda 354
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C (iR(ll -P I Rubber -tired canh-anoving equipment Operator, oj[ rating equipment with push-pull ststam (single engine, Caterpillar- Euchtl.:llhey wagon and similar types with any and:ill attachments aver 25 yds and up to and including 50 yds. stnrck). Rubber -tired cartln-nu+ving cquiprnnnt operator, oper,amg eyuiptum with pu,h-pull s):dem (Inuhiple
engine -up to and including 25 yc1s. struck)
6ROl T Iti Rubber -tired earth -moving equirment operil4m operating equipment with push-pull system (single engine, over 50 eds. strtwk)', Ruhtxr-tired earth -moving eeunputent operator. operating equipment with push-pull,gstun
(nudtiple engi[u, Euclid. CaLerpillar and similar. over 25 yds. and up to 50 yds. oni k)
GROUP 17. Rubber -tired earth -moving equipment uperah+r. .iterating equipment with push-pull system (multiple engine.
Euclid, C atcupillarand siruilar. o,,r 50 cu. yds. struck):
Tandem tractor operator (operating crawler qpe tractors It, tandem -(,hard 9 and similar tspc;
GROVII IXRubber-tired catch -moving equipin rit operator, operating in imukiu (scrapers, belly dumps and similar
types in Luis' connbinadion, e.s,anding cotpatction unit; - single engine. up to and including 25 ,Ws. struck)
GRO('P 19: Roles amcrete belt operator (or similar types).
Rubber -tired earth -moving 'quilinimt operator, nperui"u- in eaundem (scrapers, bAN dumtps and sinuilm types in inn) emnhination, excluding, compaction unify -Lingle engine.
Caterpillar. Euclid. Athcy wagon and similar tvlwC with any ,nd all attachments owr 25 y-ds.and up to and including 50 au. yds. struck-y. R.uhher-tired cash -moving cipupnncnt operttur, oWraling in tandem (scrtpen, hells dtunps and similar types in any combination, cschdtng cotupaaion
uni6 - unultipk engine, up to mid including 25 yds slnnck) GRIN `P 20: Rubber -tired earth-nto ang equipment olxra[or, operating in tandem (scrapers, belly dumps mid similar
iyl)es in amy combination. excluding crnupactiun units - singlo engine. aver 50 yds struck): Ruhber-tired
earth -rooting equipment operatur. operating in tandem
(scraperx. belly dumps, amd sintiLir types in any
combimdion- excluding cotnpacnoo units - multiple ctigine.
Gudid. C:derpillar and similar. user 25 ylis. and up to 50 yds. struck)
169
07/27/2026 City Council Agenda 355
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C GROU1' 21: Rubber -tired earth -muting equipment operator. operatuig ID taudern (sempers, hell' dumps mid similar
types in an)umihination, e%chding compaction units -
multiple engine, Euclid. Calcrpilhurad similar type, over 50 cu. yds. struck)
CROUP 22. Rubber -tired eanh-motmg equipment oparal".
operating lxluipment with the tandem ptnh-pull system
(mingle ctuginc, up to and including 25 yds. struck)
CROUP 23: Rubber -fired earth -muting equipment operator. operating equipment with the tandem push-pull system
(single engine. Caterpillar. Euclid. Atli" Wagon and
similar types ttith any and all attachrn mu o%er 25 yds. and up lu and including 50 yds. struck): Rubber -tired
earth -moving equipment opcnnor, r>i rating with the tandem push-pull +%stem (multiple engine, up to and in: uding 25 yds. struck)
UROCP 2.1. Rubber -tired earth -muting equipment crcrattx. operating equipment with the tardom pw'h-pull system
(single angine, over 50 yds. struck): Ruhhcr-tired
eartlrmoving equipment operaor, operanng aquipinenl with the tandem push-pull s) stem (multiple engine. Euclid.
Caterpillar and similar, over 25 yds and up to A) yds
struck)
UROUP 25 Concrete pump operator -truck mounfedt Ruhher-tired earth -moving equipment operator. oper:tmg equipment with the taudem push-pull s)�sh:in (multiple engine. Euclid, Caterpilhrr and simil u' type. ot'er 50 Cu yds. sfnkk):
-s1%der K,-cavatfx' O�1enum with all anaehments
CRANFS. P-tLF.DRIVIVGAND HOISTING 6QUlPRILN'I-C[.:VSSIFtca'r[OVS GRO(;P 1: Engineeroilcr, Fork lift operakr(includes lord, lull orsimilartypes)
GROUP 2: Truck crane oiler
GROUP }: ,-frame or winch snuck operator. Ross carrier
operuor Oohsite)
GROUP I [)ridge -type uuluad:r and turntable operator.
Helicopter hoist operator
GROi'P 5: l{ydr udic huotn runt ;Slinger rmne (Austin -Western or suunlar type): 71tgger Ixuist operator (I dnnn)
170
07/27/2026 City Council Agenda 356
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C GROUP 6. 1lridge cnaic opaitor, C'relor crate operalor. Iloist operator (Chicago boom and similar 15pe): Lilt mobile
oper:uor. ].ill slab machine operator (Vagthorg and similar types): Maienal hoist and marili(l operator. Polar
ganiry crate ,Nrawr, Self Climhing kaffold (orsimilar
type)'. Shovel, backhoe. draghn.. clanishell operator (racer 3'4 yd and up to 5 eu. vdi,. Lure). Tugger hoist operator GROUP 7. Pedestal a:me operuur: Shovel. backhoe, dragline. clamshell nperahx (over 5 cue yds. Lure); Toner crane
repair, TugWr hoist operator (3 drum )
(ill(N IP X* Crane operator (up to and indtading 25 tun rapacity): Crawly transporter operator: D n wk barge
operator (up to and including 25 lon :apa.:ity). Hoist
operar.x. stilt' Icgs. ciuv derrick iir similar type (up to and including 25 ton capacity): Shovel, bwkhoc. dragline. clamshel] Tcrmor (over 7 eat ids., M.R.C)
GR" TP 9� Crane rper for (over 25 tons and up to and including 50 tons mrc): IhTrick barge opcmior (over 25 tons up to and including 50 tons nine): I)ighline cableway operalot, Iloist operator, still' lea., Gu% & rick or similar type (over 25 tons Up to :tud including % hots nirc): K-vatk operator: Polar:rana operator: Self ere ling tower crate operator m4cinmm li0ing capacity tan tom
GP(R1P 10: Crane operator (Liver 50 tons and up to and
including IOU tour nirc)t Derrick barge operaty (over 5(I tons tip to and including IIXi torts ntr y Iloist operator. stitrlegs. Gus derrick or similar tape (racer 50 torts up to and including 100 torts lure), Mobile toniT crane opcnbx (over 50 tots, up to and including I tott V.R.C'.)i
GROUP 1 L Cranc operator (over 100 tons aid up w and
including 200 tone Lure): (derrick harge operator (over 100 tuns up to and including 200 tons nire): Hoist operator. slilrlags, Guy derrick or sintilar type (over I (YJ tort up to and including 200 tons nirc); Mohila tower crane ol%ralor (Liver 1(1O tat. up to said nwhiding 200 tom nirc) : 'lower crane inwintior and loner gmilrn
GROUP 12: Crane operator (uycr 200 tuns up to anal including 300 tons mtr): Derrick harge operator (over 200 mum up o and including Mj tows nirc): Ifoist operator. Miff lepi.
Guy derrick or similar type iover 200 tau, up to and
including 300 tons mrc); Mobile lower crane operator (over H
07/27/2026 City Council Agenda 357
Docusign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C 200 tot¢, up to and including W) tons mrc)
GROUP 13: Critic operator (over 300 tuns); IX -nick hare operator (aver 300 Ion), f lelicopter pilot: (foist operator stiff legs. Guy derrick or similar thpt (uta 300 tons), Mobil, tower erne operator (over 300 tons i
-IlrA"�FL CLaSSIF IGCIIO\S
GROUP 1: Skiploader (.1 el tcpe up to 3.4 vd. without
attachment )
GROUP 2: Pouer-driven jurnho l-unn aener operator
GROUP 3. Dintkey locom.Aivc or nrotowmort (up to and
including 10 tons)
GROUP a: Bit sharpouer, Equipment greaser (grease truck):
Slip Firm pnmp operator (poucr-drit n hydraulic tiding
device for concrete li>,ms). TuVga hoist operator (I dnun):
Tunnel loconntive operalor (over 10 and «p to and including 30 tons)
GROUP t: Ba khoe operator (up In and including 3-4 yd. ); Small Ford, Case or similar; (hill doctor: Gm_rning machine operator. Ileading shield operator. Ileavy-dusty repairpersaa; I .ufrr ope ator (-%they. I:ucliti. Sierra acid siniiiar types); Mucking machine uperalor (1.4 yd.. rubber -tired, rail or track t-%lx): Pneumatic concrete placing machine opercna (Ilackley-PresswcII or cinnilarv,.pc); Pneumatic heading shield (tunnel). Punapaete gun operator- "Gactor compressor drill combination operator. Tugger hoist operator(2 dnuu); 77uurcl loconnuivc operator (ova 30 tons)
GROI7116:Ile3v) forty Repairman
GROI'P 7: 1Lnnel molt boring machine optratot
E Gt\EF.RS ZONES
SI (Xj additional per hour for All of INIPFRiAl. County and the portion; of KERN. RIVERSIDE & SALN BEE-N-3Rl)1NO C'oaanties as defined below
That area within flit Pdlouiny FA)tmdarc: Bc�,in in San lkntardino C'ount%. approximately 3 nniles NE, ofihc intersection of I-13 and the Calihmtis Shale lure at dial point .chich is the Nu' comer of Section 1, T17\ m R14F.. San Ilemardino 07/27/2026 City Council Agenda 358
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Meridian. C'ontinuc W in a straight line to that point % hJlMi is the SW coiner of the northwest quarter of Section 6. T27S.
R-12F„ Alt Diablo Meridian Continue Nontlt to the intersection %ith the Inyn County IWundnry at that point \thich is the NT corner of Ill, w stcm half of the mriliern quaver oC Section ti. •f25S. R41r•.. MDNI Conlint+e W along the hn'o and Sat liemardmo County bountlai\ until the intercction with Kern Count}, is that point %%hich is the SE comer of Section 34, T24S. R40F. \ID\t. Continue W;long tlx Inyo and Kern Count} boundan until the unerscclion wlh Tulare C wnty. xl that point \%hich is the SW comer of the SE quarter of Section 32, T24S, R37F:, \iD\l. Continue, W alongthe Kent and Tulare Count}' houndary. until that point which is the NW cuntcr of T25S.
R32F \IDhI. Continua S following R32F; lines to the N\1' ctmnT of T31 S. R32F. \(D\f. Contuwe W to tine Nt\' :omr of T31 S, Rt I F. \{i)\I. Continue S to thr SW comer of T32S, R31L. MD-M. Continue W to S W comer of SF. quarts of Section 34. T'32S. R 30F.., MTW.
Continue S w S\1' txttner of"I I l\. R17W, SB\I Continnc E along south Ixauidanof T I I N, S B\ (to S W ctirnr of T I[ N. R7R', S B\(.
Continue S to S\\' om,, or -PA, 117W. SIM. C'otitinue F. &king south IwrurxfanoFT9N, SIM to SW comer of IN)N, R IE, SBM Continue S along west borndu}• of R 1 F. S\IB to Riverside Count\ line aL the SW Ltiomr of TIS, RLE, SB4t. C'ontinu. F almg south houndan of T'Is. Snhf (Rit,,rstde C'auntc i ine) to SW comer of 11S, R10E. SB\l. Continue S xlnng west boundary of RIOT. SBA1 to Imperial Count) line at the SW cumer of -M. R IOE. SB\i.
Continue W along Imperial and Riverside county line to NW comer u1 T9S. R91?.tint\[. Continue S along the boundary boween impenal and San Diego Counti.+. along the west cdgc of k9E.
SIM to the south h.and:tn of Imperial Cowdy'Califomia stale line. Follosy the Calilania state lice wra to Arizona stale line. then north io Nevada state line. when contimring NW back to start at the point which is the NW doter of Section 1.
T17N, R 14E, SB\4
S1.011 additional per Iwur for portions of SAN LUIS OBISPO, KFRN, SANTA BARBARA& VFNJUR its defined lieluw:
Thin area within the following Boundan': Bagltl approximately 5 miles north efihe community_ of Cholame. Otl the \lonlerey Cowttc Mid Sao Luis Obispo C'owits houndary it the Nlk ctimr ofT25S, RIDE, \I1. Diablo Meridian. Continue sottll:long the \vest side of R 161. to the SW comer of-P30S, P 16F. \[Dust. Continue E to S\\' airier ol" 130S. R17E. MI -AL Continue S to SW c erner of T3 IS.
R1717. \iDAI Continue E to SW comer ofT3IS, RISE, \1DSt. couthluc S alotig West side of RiSE. \1DM as it rosseR into San Dlemardino Meridian ttunibering area and become: R30W Follow the west sale of R3OW. SB\f to the .I'll' conier of T9N, R30W, MI. 07/27/2026 City Council Agenda 359
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C Continue E along the south edge of 7`)N. SBM to (lie Santa Barbara County and Ventura County boundary at that point winch is the SW writer of Sectiott 34: %M R24W, SIAI, continue S alrntg the V ntura County line to that point which is the Slip' comer of file Sir: quarter of Section 32, T7N. R24NC SB\I, Continue F along Ile south edge of'f7N. SBM to the SE corner to'17N, R21 W.
S13\1 Continue N along Last sir, of R21 W. SFIM to Ventura Counts ant Kenn Cotuity b(nttwfary at the NF. awrncr nll"INN, R21 W Continue W along the \'entrlra COUIltV aid Kent County boundary to the SE confer of'19N. R21W. Continue North altmg the E1ai edge of R21 N', SB\l to the NE confer ofT12N, RMV, SBM Continue West along the north edge of Tl2N. SIM to if,, SF comer of 132S. R21E. AID\d. I1 IZN SB\[ is a thinl. strip h.Ktrctn'CI1N SB\( and T32S MI)MI. Continue Korth along Litt Est side of R211{. \ID\( to the Kings County ant Kent County lwrdcr at Ile N—E Corner of T25S. R21 E. MDki. eontinue \Vest along the Kings Cottriq and Kent County Briundary until the intersection ol'San LAUS (RxSpo County. Co tinue nest along the Kings Cotmty and San Luis Obispo Cotmty boundary until the intersection wide Monterey Key
County O-Ownle West along the Montere)' CtRrnt\ and San I ariS Clbispo Comity howdary to the beginning point to the W aimar of T25S, R 1 oE. M D\l
S2 (10 additional per Imur for INYO and MONO COtttntie, and lie Northern portion ofS.AN BERNARDINO Cotrnry ac defined below:
that area within the follmving Boundarv: riLgin at the
unerseLlion of the northern b otmdan of Mono Count%y and the Califitrilia state line at the pioint tahidee h is the rier of Seciior 17,110N. R22F. \It. I)iablo Meridian Continue S nlett SE along the afire wesltnn boundary oh' Mono CoulAN. amid it reach,., Imo County at the point which iS the NE coffer of de Western hall'ofthe NW querter ol'Secliot 2, PAS. R29E, \(DM Continue SSIi along the eriltre a extent boundary of lnyo Cotniv. until the intersection with kern Cotmtyat the point which is die SW c rner of tie SE, 1'4 of Section 32. 124S. R37E_ MD\I Continue F. along the Inyu and Kent Count' boutdary Mid the inersediuin with Sall Bernardino County at that point which is the SF, corner ul section 34, T24S, R40F., SID\L Contmte E, along the into and San Bernardino Cotmh' botmdagr until the Iwint tthich is the NL' wrier of due il;stem half ofihe Nei' quarter of Section b, T25S. R-12F., N.1132I. Continue S to that point whir , M the SW corner of the NW quarter of Section G, T27S. 1142F.. \1D\(.
Continua E in a straight line to the Calilontia ant Nevada state border at the point which k tit, Nil' comer of Section 1, i'17N, R14E, Sail Bernardino \,ridian. Tien continue NW along the state line to the stating, point, which is Lhc center of 07/27/2026 City Council Agenda 360
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Se.tion IS. T10V, R22F. MMI.
RF.U:UNINO AREA -NOT DEFINEDABOVE RECIFVI:S BASF. RNIZ
----- ---------------- — ................ — ------ — -- - IRONtW334R)6 OP01 2025
Ratex Fringes
IRONWORKER
Fence Erect,w..... ... ..,.S45.?R 26.51
Chnmmental, Reinforcing
m ral.......... .5 50.7(i 35.15
PREMIUM PAV
59.00 additional per imur al the fallowing 1 atioim
China Lake Naval'Tem Station. Chm,0.te Xfcmntains Naval Reserve -hand,
Edwards AFH. Pori Irwin Military Station. Fort lrw'in Training Center-C oldmooe, San Min aitn island, San \icholas Island, Smamille Federal Fnum, 7-9 Palms - Manrie Corp,. U.S. 1laniie Wse- Ba sim%, 1 S Nasal .Ur Facilih- - Sealey, Vxidenr rg,UF14 Anny Defense L:mguag. histltnte - Montefcy- Fallon .Air Mmw.
Naval Post Grudualc SAmxil - Minterec, 1"enno Marine Corps Umintic\ tether
Pelt Hueneme, Pori Mugu, U.S. C vst Guard Station -'fwo Rock L. WO300-00507012025
Ratcs Fringes
Asbe.tos Removal Laborer.........) 46.48 25.93
SCOPE OF WOM Includes site mobilization. initial site
deanirlr. site preparation, rcnws'al of aihesios �ontanung material and toxi: a:cste, wcapsulati<nieixlosure and
disposal of asbestus- containing materials :md lode weals hy haad or with equipment or machiner\ scalTulding.
fAmicali,)n ;I tmtlxxara wooden hamers and aswinl,N of
decontamination stations.
1. Af")343.00I 07' 01:''.015
nm
07/27/2026 City Council Agenda 361
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Rates FrWs
LABORER (GUVt'rE)
GROUP I ............. ........$ 53.98 23.77
GROi P 2— .... .............. $ 5493 23.77
GROUP I-- ............... $ 51.39 23.77
FOOTNOTE: CiC'VI'rE PREAItI!'%I Pail": Workcrs working From a Bosn'n's Chair or auspendeat front a rope or cable Shull receive 40 cents per hour aho%c the foregoing applicable classification rates. Workers doing gmite uid:or
atA
lice as 35 cents per hour aM+ve the applicable
Aassification wage rate.
GLINVIT' LABORER CL_\SSIFICAIIONS
GROUP I: Rodmen. NuMmwn
GRCRIP 2: Gumnen
GROUP 3: Rebotmdnrcu
LABO0783.002 0T01.2025
Rates Frings
IAHORER (n-;NNEI.)
GROCPI .....................S5160
25.74 GRO['P 2....I................S
53.92 25.74
GROL 113.....................
S 54.38
25.74 GROU114.....................S55.07
25.74 LABORER
GROUP I ............ .........
$46.48
25.95 GROUP 2.....................
S 47.03
2595
GROt'P3... .......... ....
$47.58
2595
GROUP 4............. ........$
49.13 25.95
GROUP 5................—.S,1R48
25.95 176
07/27/2026 City Council Agenda 362
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C LABOUR CI.ASSIFICCI'1O\S
GROUP 1: Gleaming; and h:mdling ofpanel Iorui,: Concrete s reeding for rmigh strike-olr: Concrete. hater curing:
Demolition knboicr. the cimmig ofbrick irperfimned hs• a worker perronning :cn other pbu ,: of demoGnio wink, and the cleatun; of Ivmher. Fire N:diber. lirnhcT. hni h loader. piler and delmi handier. Flag person. Chaos, oil arnl cv water pieline hdinrer. lahcrer_ asphalt-rublen material loader• laborer. general or ex"istrumon: I Ab rat. general clean-up; F.aborer, landscaping: Laborer.jetting; Laborer. tetnlxiran water and air lines. Material hose operator
(wal Is. slaL•s. tluurs Aid decka). Plugging, filling orshcc Kill holes: Ihy packing urconerete; Railroad niaintennnce. repair track person and road heds; Sir2ctcar and railroad cstnstr udion track laborers; Rigging aid signaling; Scaler.
Slip f+nn raiser, Tat and mortar. Ttwl Crib or tool house labsrer:'Itallic control bt ammethod: Window cle-vier.
"Wire mesh pulling - all concrete pouring oiler Lion
GROUP 2 Asphalt shovel,• .. Cernent dumper (on t 1d or lmger mixer and handling bulk c4menl); Cesspool digj+ r and
installer. C'hucktendec C'lune K'nuller. pouring Concrete. the handling ol'the chute from wadmic, nobles. such as
Nulls, datic, deck;, blurs, foundation, foolinipm- curbs.
Gutters and sidewalks: Concrete curer. impervious rumbraiw and (oRn oiler. Cutting larch operator (demolition). Fitts Sn:adef_ higltwal's and street paging, airport. r mw ay s and simil;m type Ilea%v corstrutiow Chas. oil and,or water
pipeline wrappCr - pot tender and font person: Guinea
ituer: lieadcrlward person - aspbaft-. I.ahorer. packing rod steel aural pans_ Slembnme +vapor barrier instal ter. Power Koom sweeper (small), Riprap stonepagcr. placing stone or wct mackcd corn:rete. Roto scryrcr and tiller: Sandhlastcr (pnt lender); Septic tank digger and inaaller(Icad), Tank scaler and cleaner. Tree climber, faller, chain caw
'T'ratie'. Pitlsburgh chipper and sinnilar type brush
shredder. I hnl erynnned laMirer, including caisson bclluwer GRCKT 3: Buggy rnobile person: Concrete ulli ng torch: Concrete pile cure (killer. jackhammer. 2.1'2 R. drill st el or
longer. Dn-pak-it ntacllute: Gu, oil ,md.oi' water pipchn> wrapper, 6-in pipe and orir. by :my method. inside and
out, Ifigh scaler (including drilling of same): Hvdro seeder and similar tile: Impact wrcneh multi -plate. Kettle person. pot person and wori;.rs apph'ing asphalt, lay-kold.
Cretaote. lime caustic and similar type materials
(' apph ing mean, applging, dipping. brushing or Itandliug It
07/27/2026 City Council Agenda 363
Docusign Envelope ID: B085BOBC-1 ABF-8A30-81 EA-CD228F25144C of such materials our pipe wrapping and aatctprooCmg):
operator of pneumatic, gas, electric toolu. vlbratulg
machine. pavement breaker, air blasting. conic-alongs, and similar mocha nical touts not sepamticlk clams ified herein.
Pipela-er's backup pennn. coatinggounng;. making of
joint. scalilog. eaulkine. diaperntg:trxh including rubber ga.sketjoints. pointing and am and all otherservicm
Ruck Ginger. Rotar\ scantier or multiple head concrete
chipping scariticr, Steel hcadertwarJ and guideline setter; fam{xtit Rarkn, Wacker and similar h'pa:l'r arching ntaehine. hand -propelled
GRO('P ♦:.asphalt raker, hole Ixtrsao. ironer. asphalt dump person, and asphalt spreader hoses (all types): Concrete core cutler (walls, tlocxs or ceilings), grinds or Bauder:
Concrete saw persou, cutting walls or Oat work, k Wing
nld or nets Concrete: Cribber. snorer. lag ing, sheeting and tr•ncln bracing. hand -guided lagging hammer. I lead rock slingec Laborer. asphalt- nibber distributor boot person:
1 aser heam in connection with labrren work; 0%VrlrLc
tonct'elc sihrator operator. 761hs. and over Pipclaver
performing all .,,r%ices in Ilnc Ia\ing and inslal.rli 41 Of pipe tram the point ofreceieing pipe in the ditch until cunlpletion of operation. including atv and all limns of tubular nnalenal. whether pipe. ttMAliC or uon-nrelalL:. conduit and any other manonan• t%pe of tubul,lr device
tried tier the convening of and substance ur element.whether water. w%iage. solid &L-, air, or ether product whatsoeser and without regird to the nature of material lion uhieh the tubular material is fahricated: Nu -joint pipe and stripping of %mne: Prefalmicated manhole installer. Sarx1111ast er (uoczle person), water hlastin_v„ Pona Shot -Mast
GR0111 S: plc tar powder. all work of loading holes. placing andblastungofall Nwdermxlaoptosiensnl whales'ert}pe.
regardless ofmohod used f,:r.neh lading and placing:
Driller. All powct drills, cscltxhugjackhannrer, whether cm, diamond. wagon, track, multiple unit, god cat and all other apes of mechanical drills without regard to the form of motive power, Toxic caste removal
FUNNEL. LABORER C._aSSIFK'.-\TIOKS
GR(-A fP 1 patch plant landrer, Chang donne person: Dump perssm: I)Lrunp per1,011 (outside): Swamper (brake person and ;witch psson on tunnel work): -funnel materials handling permtn: Nipper. I'ot tender, acing mastic or other materials (for example. but not bd way of lunitallon, shotcide. etc ) 178
07/27/2026 City Council Agenda 364
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C GROUP 2: Chucklend c cablew mkr: Loading and unloading
agilaatsx cars: Vihrstor parson, jack Iumrnee pnetunafic tools (except drller): (lull gang mucker. track person; Concrete crow, including rodder and spreader
GROUP 3: Blaster. driller, powder person: Chemical grout jet pcnow Chem' picker person; Grocn gran person: Gruul mixer pclnou, Grout pump parson; lackleg miner: Jamho pernon.
KetnNr and other pneumatic coixiete placer operwot': Miner - cannel (hand at machine); Nozzle person: Operating of
troweling and or grouting machines: Pomder person (primer Mmsc); Primerpersow Sandhlrtcr. Shotcrate person: Steal Form raiser and setter. 'I imher persemr, retimhcr person, wzxod or steel. Taund Concrete finisher
GROUP 4: Ui:uuond driller. Ssndhlaaer Shaft and raise work LAHCHl783-005 W0I,2025
Rates Etinges
Brick 'lender._...... — ._ _ S 42.60 22.13
------ --------------------- ------------- —
LAMA 184-001 07 0112025
Rat,, Fringe,
laborers: (HORILONTAL
DIRECTIONAL. DRILLING)
11) (killing Crcac I ahnrtr S 47.94
(2) Vchick Operator. Hauler.$ 48.11
20.86 (3) Ilarl7unal Direetional
)kill Operator... ... ...... S 49.96
20.Rl,
(4) Elea conic Tracking
Locator........ .......... S 51.96
20.86 Laborers: (STRIPING SL( RRS
SEAL)
GROUP L... ...............S 49,30
2.1.97 GROUP 2 ....................S 50.60
23.97 GROUP 3... . .. ............ S52.61
23.97 GROUP 4... ..... ........... S 54.35
23.97 LABORERS - STRIPING CIASSIEICATIONS
6ROUP 1: Prrneetiw mating, paratnent scahim. including
repair and filling ol'er cka by any nethod en ans surface m
07/27/2026 City Council Agenda 365
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C in parking lots. gatne courts and playgrounds: carhops:
operation of all related in,"uncry and egtiptnent: equipment repair tc0tnician
GROUP I Trallic surface abrasive blaster: pot tender -
removal ofall traffic linermd markings by any method
(sandblasting. ivaerblao-ung. grinding. etc ) and
preparation of surface for coatings. frAlic control
persronr. comrolling mid directing iri$ic through both
conventional and moving lane closures operation of all
related machincry and cquiprnem
(iROUP 3: Tral]ic dclinealiug devtce applicator. I ayoul mid application ofpawrnent markers, delineating sign, nuuble and tragic bars. adhesives. guide niarkeis, other traffic delineating devices including, lrallic control. This
category include- all Iraffic rfatcd surfacc preparation (sandblwti ng. ieaterblizwig- grinding) as part of the
application process, Traffic prow live delineating sistein installer remove-., relocate, installs, pcmtata;ntiv
atTtscd roadside and parting delineation banicades.
faicing cable vwhor. guard rail, nFrence signs.
nionuutan markers: operation of all related niachin ervv and cquipirtent poker broonn sweeper
GROUP 4: Striper: layout acid application of iralfie stripes and markings; hot thernut plastic: tape traffic stripes and markings, including trallic control: operannn of all
related ma:hiner- and equipment
LAF K)I 4I4-003 I)R 06, 2025
Rare, Fringes
LABORER
PLASTER CLEAN-t. P LABORER....$ 46.17 25.97
PLASFERTENDF:R......._....S4872 25.rl
work on a suing stage scaffold: SLOG per hour addilional.
Work. at Jlililain Bases - S100 caldiuotial per hour:
Coraiado Naval Amphibious Rase, Fort Ini in. Marine Corps :fir Station-29 Palms. lutperial Beach Naval Air Station Marine Corps Logistics Supply Base. %larine Corp+ Pickle Meadow-. \lownain Wartare Training Center, Naval Air
Facility-Scehm North Island Naval Air SiatiotL. Vandcnhcrg AFI].
180
07/27/2026 City Council Agenda 366
DOCllsign Envelope ID: B085BOBC-IABF-8A30-81EA-CD228F25144C PA 1 N W 36-001 07r01:20 21
Rate-, Fringes
Painters: (Including Lead
Ahatentent)
(1) RjMint Ieceltales San
Diego Gwnty)...............5 29.59 17.12
(2),\II Other Rork, .....S 39.52 19,64
REPAINT of anv pjeciou ly Painted stntctrtre. Eetiptions:
"ork ntt'O1%ing the aerosp.we Industry', hren erics.
:.mtmcrcial recrcational facilities, hotel: which operate conunerciat estahfishments as pan of ht-Ael s mice. and ,Ivrts fa:ililics
PAIN0036-008 09 01 2024
Rates Fritrgts
DRYWALL FINISHLYULAPER ..... ... $49.33 26.97
------------------------------- -........ ---_..------- P: IN0036.015 01'Ot'2025
Rates Fringes
GI 71ER..— .............. ...... $ 53.05 30.64
FOOT NUM: Addilimal 51.25 per hour for Haxk in a condor. firm the third (1rd) Ibwr and up Additional S1.25 par
hour for work on the cwlside of the huilding from a swing stage or anv,uspendcd writrivAnce. Irxmi the ground up
FAINT247-002 i11'01/2025
R" Fringes
SOF1 FLOOR LAI'ER...... ... ..... S45.15 1943.
---------------------- - ------------- ----------- ---
PLAS0200-00R OW6.1- 2022
Rates Fringes
Pl:\S'rERER............... ........ 5 47.37 19.64
181
07/27/2026 City Council Agenda 367
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C FORT' IRWIN: MARINE CORPS AIR STAIICIN 29 PALMS. AND MARINE CORPS Lll ,,is,nCS SUPPLY RASE: S3 00 additional per Itina. .......... --------- ------------ ......
Pf AS(15(X)-Q02 07/01/025
Rates Fringes
CEMENTMASON:CONCRETEFINISHER ...$47.70 27.07
—-------- ---- ......... -- -------------
PLL'M 016-002 09 01 i2025
Rates Pringe�
PLUMBER. P1PF.FCIlT,R.
S'IEAliMI E• R
Wort; at Edwards AFH_........$ 68.73 26.91
W.xk at Fort Irwin Arnn'
Bast ................ ........ S 72.23 2691
Work at Marine Corps
Logistic Hase at Nebo.
Marine Corps Logistic Base
:u Yernio and-Iwen(y-Nine
Palms Marine Iktse........... S 68.73 26-81
Work ONI Y on new addition,
and rermdeling of ban,
rt:r:ntnnls, store and
commerial buildings. not
to ex resl 5 IKl() ml. fI of
Rotx space ....... ....... S 59-85 25.93
"ork ONI.i on strip malls,
lightc.munncial. tenet
improvement and remodel
work ..................... $ 44.29 24.16
All other work except o-ork
on new additions and
ranodehng of ban.
rc tauatt, sttr and
nnnmerial buildings not
to excead 5.(K)O sq. II. of
Ile" space and work on
strip malls. ligtu
annmerciaL truant
improvement and remodel
work....................—S 61.73 26.81
PLUM0345-M 109r01 12025
182
07/27/2026 City Council Agenda 368
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Rags Fringes
BF R
L:ntdscape,IrrigationFimr.S44-75 26.20
Sauer & Slmn Train Wotk....S 46.84 23.58
------- ----..................... . ...
ROOFtH)36-t102 08:01.2025
RailFringes
R(WER..... ... ... ........... S 52.63 2tt.'r.t
FOOTNOTE: Pitch premium: Work on which employees are expu:td to pitch funr., ur required io hvidle pitch, pitch bast or pitch impregnated pruduca, or any material containing coal tar Pitch. th, entire rooting ogre sh:dI receive S1.73 per hour "'pitch preuiuur pay.
SFC\0669-009 Ol'OU2026
Does not include the northern part ofthe City of (hino. or tht Cities of \lomelair and Onwiu
Ratcs I-'ringes
SPRINKLY'RFITTER.................S50.79 29.80
- --------------—_��--- — —
SFCAQ7O9-0)4 W)-0l'2025
TIfE NOR1'IfLR\ PARTOF TFIF. CM OF CHINO. AND TIIF. CITIES OF MONICLAIR AND ON LMUO.
R:tcs Fringes
SPRLNKLER FIMR (Fire) .......... S 58.0) 33.65
— — — — ----------•-----
Sl 1HF01O5-t03 OU01'2025
LOS ANGF US (Sottth of a straight lint dra" n bcNeen Gorntmt and Big Pittea)and Catalina Island. INY0. KERN (Nwhcact pan. F.a<t oflht} 395). MONO ORANGE. RIVERSIDE..a.ND 91N HF.RNARDI\OCt)t'MU-S RnteM Fringes
191
07/27/2026 City Council Agenda 369
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C Sl IF.FT M ETAD. WORKER
(1) Commercial - Now
Ctmstntction and Remodel
work . . .............._S 59.31 30.43
(2) Industrial "uric
inJuding air poRmitm
3mrol vrslems, noise
abalcm nv. hand tails.
guard ruin, excluding
aritechlural sheet metal
wmk. excluding A-C,
heating- Ventilating
ssslems I'm human eotnfort—S 56.95 .10.04
TFAMW11-002 07r01'2025
Rates Fringes
TRUCK DRIVER
GROL;P I....................S41.59
35.69 GROUP 2_.............-..-541.74
35.69 GROI'P 3............. ......S41.97
35,69
GROUP 4................ ....
$42.06
35.69 GROUP 5....................S42.09
35.69 GROUP 6- .................S42.12
35.69 GROUP 7...... ............
$42.37
35.69 GROUP 9...... ... .........
$4262
35.69 GROUP 9....................S42.82
35.69 (AZOI T 10.......... _......._S
43.12 35.69
GROUP II...... _ _ ......
$ 43 62
3.5.69 GROI'P 12...............
A44,115
35.69 WORK ON ALL MILITARY B:\SFS:
PRE\llt: \I MYl S3,00 per huur additimtal.
(29 palms Jfarinc Baxe, Camp Rohens, China lake. Edwards AFB.
El Cctrirn Natal Facilit%. Fon ln%m, Marine Corps
I igistici Base al Nefw &. YCnnU, ADouuain l\': dam -Training Center. Bridgeport, Puint:\rcmella, Point Cnnceptirm_
Vandenhcrg:\FBj
TRUCK DRIVERS CL:\ssrFiC.\f1ONs
GROUP 1: Tnt&driver
GROUP 2: Driver of Fchicle ur cuubinaUon of vehicle. .2 l811
07/27/2026 City Council Agenda 370
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C axles;'1rallic cmtlrol pilot car excluding ntovutg leasV apuipment pemlit load; Truck mounted broom
GRttl T 3 Driver of vehicle or c anbioation of telucles - 3 axacs. [loot person: Cement mason distribution truck; Fuel truck Srivcr; Water trek - 2 axle: Trump truck, I css Iltan 16 N-dc. water level; Fxosim control driver
GROI T -1: [river of traruit mix Wd - cold r 3 yds.: lhtlnperelc truck-, less that & 1'2 Ndc. water level
GROI "P S: Water truck. 3 it mire axles: Truck greaser and tire person (f0.50 additional for tire person); Pipelinc and utility working tntck driver, mcIduig a arch truck atul ptadio fusiom limited to pipeline and milit} vr'ork.
SltrntrueL driver
GROUP 6: Transit mix tnti5 3 yds. or utore: Dumpercic truck. 6-1 r2 y&. water level and over: Vehicle or combination of vehicles - i or more asks; Oil spreader truck: Dump tr,,A. 16 vd.. w 25 vds. water level
GROUP 7: A Frame, Swedish erne or similar. Forklift driver:
Ross carrier driver
GROUP R: toin)p truck. 25 } d, to 49 yds. utter level: Truck repair pserwn: Water put) - single nr-vine: Welakr
GROUP 9: Truck repair persotrwdder-, I uw hed driver. 9 axles it over
GROIpP 10: [oily truck - 50 vds. or more water level; Water pull - single engiM with attachment
GROI'T 11: Water pull - Iwut engine; Water pull - twin engine with awcfutt<-nLr, Winch truck driver - 51.25 additional when operating air di of similar spccial attachments
GROUP 12: Bocm'I'ruck 17K and axtime
WELDERS - Receive rate prescribed by craft perfornning
operaliou to uhieh welding is incidental
Note: Executive Order (EO) 13706, I--stablishirq; Paid Sick (.ease 185
07/27/2026 City Council Agenda 371
Docusign Envelope ID: B085BOBC-1ABF-8A30-81EA-CD228F25144C for Federal C0ntr3cl0rs applies to all auutxets subjcvl to the Davis -Baron Act for which the contract is awarded (and all sulicitalion was issued) mt or after January 1. 2017. ll'this contract is covered by the EO, the contractor must provide entploy'ces trilh I hotu of paid sick lease litreyery 30 hours they work• V to -% hour% of paid sick Ica%c cash near.
Employees mrtst he permitted to use paid sick leave for their own illnem. injury or other health•relaied needs_ including preventive care: to assist a lamily membn (or pers ya who t% like familv to the cmployce) who is ill, injurvl, ar has other health -related needs, melultng preventive cmce or ftr reasons resulting from. or to assist a family mcmher (or person stlo is like family to the cnytloveel wtw is a victim of, donlestic violence, sexual ass uIll, or stalking. additional ittfionnation oil contractor requirements and worker protections under the M is available at
hops: `rww•w.dol.gor. agatcies'whd gua �Yttntcm-cuntr:r Is.
Now: Executive Order 136513 generally applies to contra U subject to the Davis-Racm Act that were awarded .tr or hcbvccn January 1. 2015 and rmuary 29. 2022. atxt that have not been renewed oreslended on or aller.lanuary 30, 2022_ Execulne Order 13658 doer not apply to contradS subiect onh• to th c Davis -Bacon Related ads regardless orwhe❑ tltey were :hoarded ll'a contract is subject to Fxecutiw Order 13653, the
contractor mii t pay all covered w otkers if least S 13.30 per hour (or lhcc applicable wage rate listed un this wage
detenninalion. if it is higher) for all h-w% spenl f`'&MI11n9 mt the cosuracl in 2025. 'file applicable Exe liow order minimum wage r.Me will Fe adjusted armtralh•, :\ddiliuttnl ili irmettion to contractor requirements and worker protection under Fceetane Order 13658 is available at
wwar del gov:'wlrl: ga yecotrh:cs.
Unlisted classitiutims needed for work rot included within the scope of the classifications listed may h, added after award only as provided in the labor standards contract clxrSes (2'X FR 5 5 (a ) (I) (iii)).
the body of each wage determination lists the classificalious and wags rates that hate Item found to he prevailing florthe types) of cunstmet ion old geography. area mu creel b1 the avage det.:nnination iltc classificmirxas are listed ill alphabetical order under rate tdcntitiars indicating whether the particular rate is a union rate (current union tegoti:ued rate). a aulvey 1,46
07/27/2026 City Council Agenda 372
Docusign Envelope ID: B085BOBC-iABF-8A30-81EA-CD228F25144C rate. a weiglded union average rate. a state adopted rate. nr a wilplemantal classificatim rate.
b nimi Rate Identifiers
Alour-1 Ater identilier beginning cant, eh+mactars nllxrthin ,•"`I t ""t'v1G(?"". ?S.%^. ,rr ?SC' denotes IhA a union rate wa s prevailing forillat classification in the siin'ev. Example' P1.I IM0199-005 07 01'2024. PLC\I is an identifier oflhc union whxe collectival) bargained rate prevailed in the sutvcy for this clxsciGcation. which in this example would he Plumh. m It 19R indicates the toed unim nninler or &Arict coliniil numbxr where appficahle, ic_, Pltmibers ideal 0199. The ncxa number. 005 in the example, is an mental nunihcr used in lnteessing die wage dct•nnination. Tile date, 07,01 2024 in the example, is Ilse effective date of the most current negotiated rate
Unionprevailuig wage rates are updated w reflect all .hem:, over time that are r•pnrted to WHD in the rates
in the eolkeficc. bargaining :m_,n:etnrnt (C'ISA) Sviccming the classification.
t'nion Average Rate Idetnifiers
Ill, CAVU identifier indicates that no single rate prevailcd fur Iltose classilicatiotn. bid that I(W. ol'the data reported few file classifications reflected uni,m rates. EXAMPLE..
I, A%'(i-Ofi-(Rtltl 01'01.2024. UAW; indicates that the rue is a neighed union average rate. Oil mdisatcs the State of Ohio.
The next number, 0010 in the eviniple, is an internal number used in prdxltr:ing the %age deternunalmn "Ihe date, 9I r0I! 2024 in the example, indicates the date tle urge delemtanatiwt was Updated to rellect de most current union average: rate.
A I IAVG rate will he updated anee a year. asuall}in Janwryto rellect a weighted 3%e age of tlto osrrcrit rats ill the eobledrve hara'aining ,tyeentents ore dduch the rale is tuned.
Sutiev Rate identifiers
Ilic ""SL "" idermlicr uidicAcsthat either a single non -union rate prccail d (as defined 'can 29 CPR 1.2) for this
classification in the survcv or that the rate nae dem cd bN nnnputuig a neighted average rate based can all the rates reported in the am' n for that dassitieati.ni. _l, a weitdiled average rate includes all rates reported in the sun•cy, it may include bulb imitm and non-tinon tales. iixample. SUP1.2022-4R17 187
07/27/2026 City Council Agenda 373
Docusign Envelope ID: B085BOBC-iABF-8A30-81EA-CD228F25144C 6272024. SIT Indicates the rate is a single non•uttion
prevailing rate or a weighted average of survey data for that classification. FL italicats the State uf'Florida 2022 is the tear of the survey m which These clasglicali,nas anti rates are based. 'lltenext number.007 in Lite example, is at inlernal number used in produ ing the wave deennirmliun.1-he date. 6'272024 to the example,. Irtdicale, [lie survey compklion date for the clascificuitn , mud Hues under that idenifwr.
7SU? wage rates typically remain in of ect tsuil a nets survey conducted. However. the Wage and Hour Division (WHID) has the discretion to update .ateh rate,% under 29 C FR I.6(c)(1) Slate Adopted Rate, identifier,
The ""SA— identifier indicate; that the cfassilicatwas and prevailing wet a rates set by a state ((w local) government were adopted under 29 C.PA 13(g)-(h). Example, SAhIL2023-007 01 03, 2024. S.% reflects that the. rates are slate adopted. ME refers to the State of Maine 2023 is the tear during which the ;tote completed tlx surveyon which Cite listed classification, and rates .u: based The next number. 007 in the example, is all inlemal member used in prteducing ifn \cage d temtination.
The dole. 01'03:2024 in the example, relleeLs file date tin which llte classifications and rates under the ')SA? identifier tool, etl'ect tinder state law in lite state from which the rate, were adopted.
WAGE DETERMl\AI [ON APPEALS PR(.X'ESS
1) Has there been an initial decision in the mattefl This can be,
a) a stra-c% undcrlvntg a %cage dctcmtination
h) an existing publtshed wage, dctatlutaation
c) an initial Wl11) letter setting forth a pnsition.mi
a Wage deminittation It laurel'
d) an initial confemlance (additional classification
acid rate) dewnnination
On survey related maulers, initial contact. including request fur sunvumtic. of ,urvevs. should be directed to the Will) Branch of Wage Surreys. Request,, can tle submitted Viva tntAl to davmbacottinfnildol.gov or by mail to
Brunch of Wage Sttrvcys
IRR
07/27/2026 City Council Agenda 374
Docusign Envelope ID: B085BOBC-lABF-8A30-81EA-CD228F25144C Way and I lour Dis'isinn
C.S. Department WA atwr
21Ni Constirtuton r\venue, NA W.
Washington, )X' 2021()
Regarding any other ware detcnninalim matter ,nth as
cxatlbrnrarncedecisiom. revueAs fn initial dccisions,hnuld he directed to the WILD Branch of Contslna;liott Wage Detenninuiottc Rcquc,Ls call he submitted via :mail to BC'WD-011iewd dol.gov or by mail to:
Brunch ofConstructiou W'age fktemninations
Wage and Hour Dislsion
ITS. Deparima t of 1 abor
200 Constitution Avenue. \ W.
Washington, DC 20210
2) If an initial decision has been uowd. then any interested party (those .11 ectcd by the action) that disagre._a with the decision call rcyw,t reviess and reconsideration 1'rorrt the Wagc arxt Ilour Adrninisirntor (Sae 29 CFR Part I.B :urd 29 CPR Part 7) k ,iIwsts Rd review curd recotteideralion can he submitted via email to tRra.rnatt,ideratiottxrdal.gut• or by mail to:
W'agc and tlourAduluustrator
U.S. Department of l.ahor
200 Concliluliam Avenue. K W
W'ashmgton_ DC 20210
Me request should be %;conipanicd by a full slatemenl of the interested party', position mid Ml\' unfonualion (wage pgnlmt data_ project description. area practice material etc.) that the rcgwstor comiders telcvanl to the i,sw
3) If the decision of Iltc \dministrator is not favrxable. an interested pammay appeal direetly to the .administrative Review Board (fnnnrlythe Wage.\ppeakBoatd). Write to
Admini%trative Review Board
US. Departnient of Labor
200 Constitution :\venue. 74 W.
Washington, DC 20210
END OI. GENERAL 1)IiCISK)\"
199
07/27/2026 City Council Agenda 375
CITY 01'
Item No. 16
STAFF REPORT
DATE: July 27, 2026
TO: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager
PREPARED BY: Megan Wolfe, Director of Community Services W# SUBJECT: Family Service Association Lease Agreement
RECOMMENDATION:
That the City Council:
1. Approve and authorize the Facility Lease Agreement with Family Service Association for the operation of the Yucaipa Senior Nutrition Facility at the Scherer Community Center; or,
2. Provide further direction to staff.
BACKGROUND/DISCUSSION:
On June 8, 2026, the City Council considered this item. Following additional administrative review, the City Manager directed staff to return the item to the City Council for reconsideration.
Since 1974, the Senior Nutrition Program has provided meal services to older adults in the Yucaipa community through both congregate dining and home -delivered meal services. The program operates from the Scherer Community Center Nutrition Facility and serves as an important resource for local seniors by promoting nutrition, wellness, and social engagement.
The San Bernardino County Department of Aging and Adult Services originally administered the program. From 2003 through 2005, the County contracted with the Community Action Partnership of San Bernardino County for program operations. In September 2005, the San Bernardino County Board of Supervisors awarded the program contract to Family Service Association (FSA) under a cost -reimbursement agreement.
On November 28, 2005, City Council approved the initial Facility Lease Agreement with FSA for use of the Scherer Community Center to operate the Senior Nutrition Program. Since that time, and following subsequent renewals between the City and FSA, the City Council has approved renewed lease agreements to allow continued operation of the program at the facility. 07/27/2026 City Council Agenda 376
The proposed agreement will allow FSA to continue providing congregate meal services and home -delivered meal support to Yucaipa seniors at the Scherer Community Center.
FISCAL IMPACT:
Under the terms of the three-year lease, FSA will pay the City $10,800 annually for use of the Center.
Attachment(s):
1. Lease Agreement
07/27/2026 City Council Agenda 377
ATTACHMENT 1
07/27/2026 City Council Agenda 378
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
EXEMPT FROM FEES PER G.C. 6103 1
SPACE ABOVE FOR RECORDERS USE ONLY
FACILITY LEASE AGREEMENT
12202 First Street, Yucaipa, CA 92399
This lease agreement ("Lease") is made and entered into this Bch day of June 2026 (the "Lease") by and between the City of Yucaipa, a municipal corporation ("City") and Family Service Association, a California non-profit ("Tenant" or "FSA"). The parties to this Lease may be referred to herein as "Party" or collectively as the "Parties."
I. SCOPE OF AGREEMENT
City grants to Tenant and Tenant accepts from City a lease to use the Scherer Community Center's Nutrition Center, located at 12202 First Street Yucaipa, California 92399, (hereinafter referred to as "the Leased Premises") on the terms and conditions set forth herein.
II. ENTIRE AGREEMENT
This Lease is the complete agreement of the Parties with respect to the subject matter hereof.
III. TERM OF LEASE; EXTENSION; TERMINATION
The term of this Lease commences on July 1, 2026, and ends on June 30, 2029. This Lease may be terminated by either Party, with or without cause, upon thirty (30) days written notice to the other Party. City shall provide such notice only after specific action by the City Council to terminate this Lease.
Option to Extend. Provided that Tenant shall not be in default or breach of any term of this Lease, by Tenant may extend the term of this Lease by two (2) calendar years by written notice to the City given at least ninety (90) days prior to the expiration of the original (or extended) term hereof, on the same terms and conditions of this Lease, provided that in no event shall the initial term plus any extensions exceed a term of 55 years.
04?/Y7?28559'' y �ouncil Agenda 379
IV. LEASING OF PREMISES; RENT
In consideration of the mutual covenants contained herein and the payment by Tenant to City rent of $900.00 per month, by the 5th day of each calendar month, without prior notice or demand, and without offset or deduction, City hereby leases to Tenant, and Tenant hereby leases from City, the Scherer Community Center's Nutrition Center, located at 12202 First Street, Yucaipa, California 92399.
The monthly rent includes the following permitted uses:
• Use of two (2) designated office spaces, Monday through Friday • Facility access after 7:00 a.m. and until 2:00 p.m., Monday through Friday • Use on mutually agreed holidays, subject to City approval • Use of one (1) storage area.
• Use of the kitchen
• Use of tables and chairs
All use shall be scheduled in advance and coordinated with City staff Any use of the Premises beyond the days, times, or spaces identified above shall be considered additional use and must be requested in advance and approved by the City.
Additional use of the facility shall be subject to the CITY's standard fees and charges in effect.
V. UTILITIES AND MAINTENANCE
1. Tenant Responsibilities:
a. Tenant shall be responsible for ensuring that all waste generated by Tenant's use of the premises is properly disposed of in compliance with local regulations. b. During the term of this Lease, Tenant shall conduct routine maintenance at its cost. The Parties agree that the term "routine maintenance" shall include the day-to-day or periodic maintenance activities, such as janitorial services, removal of trash, which are intended to maintain the premises in a manner such that it will not deteriorate from its condition before leased, normal wear and tear excluded.
2. City Responsibilities:
a. City is responsible for utilities and cost of utilities defined as water, gas, electricity, and sewer usage.
b. City agrees to perform and pay for landscaping and any major or structural maintenance of the building excluding damage caused by Tenant, in addition to the cost of irrigation water for the front yard.
&/Y7?26ba 'Evy ouncil Agenda 380
c. City reserves the use of the Premises for City -approved classes and activities. The schedule for classes will be coordinated with Tenant.
VI. USE OF LEASED PREMISES
1. The leased premises will be used by Tenant to operate the senior nutrition program.
2. Tenant may use the parking lot near the North and West corners of the Property to park.
3. Modifications to the leased premises may be made by Tenant, subject to prior written approval by City and at no cost to City.
4. Tenant agrees that it will, upon termination of this Lease, return the lease premises in the same condition as at the commencement of the term of the lease, reasonable wear and tear excluded.
VII. INSURANCE REQUIREMENTS
Tenant shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with Tenant's operation and use of said premises:
Commercial General Liability: $5,000,000 per occurrence for bodily injury, personal injury, and property damage ($500,000 sub -limit for property damage). If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Coverage shall be at least as broad as ISO CGL occurrence form GC 0001. Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability Insurance. Automotive Liability:
$1,000,000 combined single limit (CSL) for bodily injury and property damage. This shall include owned, hired, and non -owned automobiles. Coverage shall be as broad as ISO CGL occurrence form CG 0001. Auto liability is required only if autos are used in performance of this contract. All policies, except for Workers' Compensation (requires Certificate of Insurance only), shall name City of Yucaipa, its employees, officers, agents, and volunteers as additional insureds. The insurance provided to the City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self- insurance program maintained by the City. Certificates of insurance shall be provided to City prior to or concurrent with the Tenant's execution of this Lease. The coverage shall provide that such insurance afforded to the additional insureds shall be primary, but only as respects to this Lease, and insurance maintained by City, its employees, officers, agents, and volunteers shall be non-contributing. Each insurance policy required by this clause shall state that coverage shall not be cancelled except after thirty (30) days prior written notice has been given to City.
e/lb-58996 61JV�ouncil Agenda 381
Waiver of Subrogation
Tenant hereby grants City a waiver of any right to subrogation which any insurer of said Tenant may acquire against City by virtue of the payment of any loss under such insurance.
Tenant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Tenant has received a waiver of subrogation endorsement from its insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of Tenant for all work performed by the Tenant, its employees, agents, invitees, members, and subcontractors.
VIII. INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by law, Tenant shall indemnify, protect, defend (with legal counsel reasonably selected by City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, independent contractors, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee, invitee or member of Tenant, liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Lease by Tenant its officers, agents, employees, representatives, members, invitees, anyone directly or indirectly employed by any of them, or anyone that they control. Tenant's duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
Tenant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Tenant fails to obtain such indemnity obligations from others as required here, Tenant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Tenant and shall survive the termination of this Agreement and this section.
IX. DESTRUCTION OF PREMISES
Should the Premises be damaged or destroyed by any cause not the fault of Tenant (including its members or invitees), City may, at City's sole option, repair the same. 6/�3-206'6' y louncil Agenda 382
X. MORTGAGES AND OTHER ENCUMBRANCES
Tenant shall not mortgage, hypothecate or otherwise encumber or cause any liens to be placed upon the Premises or the freehold estate of City.
XI. ASSIGNABILITY
Tenant shall not sub -lease the Premises or assign any part of this Lease, and any attempt to do so shall terminate this Lease without further action on City's part.
XII. DEFAULT
Except as otherwise provided in this Lease, at any time one party is in default or breach of any provision of this Lease, the other party may give written notice to remedy such default or breach. If the default or breach is remedied within fifteen (15) days following such notice, then this Lease shall continue in full force and effect. If, (1) such default or breach is not remedied within said fifteen (15) day period, or (2) the nature of the default or breach is such that it cannot reasonably be cured within fifteen (15) days and the defaulting party fails to commence to cure within the fifteen (15) day period and thereafter diligently prosecute the cure to completion, then the non -defaulting party may, at its option, terminate this Lease and, if terminated by City, take possession of the Premises without further notice and shall also be entitled to such damages or other remedies at law or in equity are available to either Party because of such default or breach. Termination of this Lease pursuant to this section shall not be considered a waiver of damages or other remedies at law or in equity available to either Party because of such default or breach. Each term and condition of this Lease shall also be deemed to be a covenant. A waiver by either Party of any default or breach by the other Party of any provision of this Lease shall not constitute or be deemed to be a waiver of any subsequent or other default or breach. No waiver shall be binding, unless executed in writing by the party making the waiver; waivers on behalf of City shall only be given by resolution of the City Council. No waiver, benefit, privilege, or service voluntarily given or performed by either Party shall give the other party any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by Tenant other than default in the payment of the particular rental payment so accepted, regardless of City's knowledge of the preceding breach at the time of accepting the rent; nor shall acceptance of rent or any other payment after expiration or termination constitute a reinstatement, extension, or renewal of the Lease or revocation of any notice or other act by City.
XIII. GENERAL PROVISIONS
Attorneys' Fees. In the event that any action is brought by either Party against the other Party for the enforcement or declaration of any right or remedy in or under this Lease or for the breach or enforcement of any covenant or condition of this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and litigation costs from the other party.
o`lT9/Ih_?266 VWY�ouncil Agenda 383
2. Waiver.
a. No waiver of any breach of any of the terms, covenants, agreements, restrictions, or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, and conditions hereof. b. City's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of City's consent to or approval of any subsequent act by Tenant. The acceptance of rent hereunder by City shall not constitute a waiver of any preceding breach by Tenant of any provision hereof, other than the failure of Tenant to pay the rent so accepted, regardless of City's knowledge of such preceding breach at the time of its acceptance of such rent.
3. Entry by City; Inspection. City reserves the right for City and City's agents and representatives to enter upon the Premises at any reasonable time and after reasonable notice to Tenant for the purpose of inspecting the Premises, to examine the condition thereof, including the Premises' environmental condition; showing the same to prospective purchasers, tenants or lenders; making such alterations, repairs, improvements or additions to the Premises, as City deems reasonable or necessary; or attending to City's business and City's interest hereunder, as City may deem necessary or desirable.
4. Relationship of the Parties. The relationship of the Parties hereto is that of landlord and tenant, and it is expressly understood and agreed that City does not in any way, nor for any purpose, become a partner of Tenant or a joint venture with Tenant in the conduct of Tenant's operations, or otherwise.
5. Incorporation of Prior Agreements; Modifications. This Lease contains all agreements of the Parties with respect to any matter. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified only in writing and signed by the Parties at the time of such modification.
6. Time of Essence. Time is expressly declared to be of the essence of this Lease. Each term and each provision of this Lease, performable by Tenant, shall be construed to be both a covenant and a condition.
7. Construction of Lease. This Lease's language shall, in all cases, be construed as a whole and in accordance with its fair meaning and not restricted for or against either City or Tenant.
The captions of the sections and subsections of this Lease are for convenience only and shall not be considered or referred to in resolving questions of construction.
8. Choice of Law; Venue. This Lease shall be governed by the laws of the State of California, with venue for any legal actions, which may be brought by either party against the other party in the San Bernardino Superior Court, San Bernardino Justice Center.
Oi/jj-J5e�ity �ouncil Agenda 384
XIV. NOTICES
Any notice to be given or other document to be delivered by either Party to the other hereunder may be delivered in person to either party, or may be deposited in the United States mail, in the State of California, duly registered or certified, with postage fully prepaid and addressed to the party for whom intended as follows:
TO CITY: City Manager
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
TO TENANT: Senior Nutrition Administrator
Family Service Association
21250 Box Springs Road, Suite 212
Moreno Valley, CA 92557
Either Party may, from time to time, by written notice to the other Party, designate a different address, which shall be substituted for the one above specified. If any notice or other document is sent by registered or certified, the same shall be deemed served or delivered on the third (3`d) business day after the mailing thereof.
XV. SEVERABILITY
If any provision of this Lease shall be adjudged to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision(s) hereof, the Parties hereby agree that they would have entered into the remaining portion of this Lease notwithstanding the omission of the portion or portions adjudged invalid, void or illegal.
XVI. COUNTERPARTS
This Lease may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to the same instrument.
XVII. REVENUE & TAXATION CODE SECTION 170.6 POSSESSORY INTEREST TAX Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section hereof, be responsible for payment of property taxes levied against such possessory interest.
Mh-�289i6� vy ouncil Agenda 385
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written.
CITY OF YUCAIPA
Dr. Sean M. Moore
City Manager
Date
ATTEST:
Ana V. Sauseda, MMC
City Clerk
APPROVED AS TO FORM:
Steven Pacifico, City Attorney
FAMILY SERVICE ASSOCIATION
Cheryl -Marie Hansberger
Chief Executive Officer
Date
&/! J_MMRVi ouncil Agenda 386
CITY OF
�.i
DATE:
STAFF REPORT
July 27, 2026
TO: Honorable Mayor and City Counci)V`
FROM: Dr. Sean M. Moore, City Manager l/
PREPARED BY: Megan Wolfe, Director of Community Services NW SUBJECT: Rotary Club of Yucaipa Lease Agreement
RECOMMENDATION:
That the City Council:
Item No
17 1. Approve and authorize the Facility Lease Agreement with Rotary Club of Yucaipa at the Scherer Community Center's Nutrition Facility; or,
2. Provide further direction to staff.
BACKGROUND/DISCUSSION:
On June 22, 2026, the City Council considered this item. Following additional administrative review, the City Manager directed staff to return the item to the City Council for reconsideration.
The Scherer Community Center, also known as the City's senior center, serves as an important community asset that supports recreational programming, senior services, community gatherings, and rental opportunities. In an effort to maximize utilization of the facility during non -operational hours and support community -based organizations, City staff have evaluated a recurring facility use arrangement with the Rotary Club of Yucaipa.
On June 8, 2026, City Council approved the Rotary Club's Community Activity Grant (CAG) request in the amount of $11,028.43 to support usage of the facility for 39 Tuesdays annually for morning meetings. This use occurs outside of standard operating hours and requires City staff support for facility access, security, and post -use cleanup and reset.
The proposed lease agreement expands access to all 52 Tuesdays of the year and establishes a recurring monthly lease fee of $900, totaling $10,800 annually. The approved CAG allocation is intended to fully fund the lease fee associated with this agreement and exceeds the total annual lease cost, ensuring full cost coverage of facility use under the agreement. The Club will still be responsible for the standard refundable security deposit as required under the lease terms. 07/27/2026 City Council Agenda 387
Under the proposed agreement, the Rotary Club of Yucaipa would be granted access to the Scherer Community Center's Nutrition Facility on a recurring weekly basis every Tuesday from 6:00 a.m. to 8:00 a.m. The agreement also includes access to one designated storage area to support the Club's ongoing meeting and service activities.
This fee reflects the increased level of access provided under the lease (52 annual uses) while maintaining a cost-effective arrangement compared to equivalent per -use facility reservation rates and associated staffing costs. The proposed structure also reduces the administrative burden associated with processing and reconciling individual reservations and grant reimbursements.
This coordinated approach ensures that Community Activity Grant funding fully offsets the lease costs associated with facility use, while maintaining consistent weekly access for the organization.
The Rotary Club of Yucaipa provides significant value to the community through volunteer service, youth and senior support initiatives, scholarship and educational programs, and active participation in community events and civic engagement efforts. Their continued partnership contributes to strengthened community services and enhances civic engagement throughout the City.
FISCAL IMPACT:
The recommendations do not result in a fiscal impact.
Attachment(s):
1. Lease Agreement
07/27/2026 City Council Agenda 388
ATTACHMENT 1
07/27/2026 City Council Agenda 389
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
EXEMPT FROM FEES PER G.C. 6103 1
SPACE ABOVE FOR RECORDERS USE ONLY
FACILITY LEASE AGREEMENT
12202 First Street, Yucaipa, CA 92399
This lease agreement ("Lease") is made and entered into this 22°d day of June 2026 (the "Lease") by and between the City of Yucaipa, a municipal corporation ("City") and Rotary Club of Yucaipa, a California Nonprofit Community Service Organization ("Tenant" or "Rotary"). The parties to this Lease may be referred to herein as "Party" or collectively as the "Parties." I. SCOPE OF AGREEMENT
City grants to Tenant and Tenant accepts from City a lease to use the Scherer Community Center's Nutrition Center, located at 12202 First Street, (hereinafter referred to as "the Leased Premises") on the terms and conditions set forth herein.
II. ENTIRE AGREEMENT
This Lease is the complete agreement of the Parties with respect to the subject matter hereof.
III. TERM OF LEASE; EXTENSION; TERMINATION
The term of this Lease starting on July 1, 2026, and ending on June 30, 2029. This Lease may be terminated by either Party, with or without cause, upon sixty (60) days written notice to the other Parry. City shall provide such notice only after specific action by the City Council to terminate this Lease.
Option to Extend. Provided that Tenant shall not be in default or breach of any term of this Lease, by Tenant may extend the term of this Lease by two (2) calendar years by written notice to the City given at least ninety (90) days prior to the expiration of the original (or extended) term hereof, on the same terms and conditions of this Lease, provided that in no event shall the initial term plus any extensions exceed a term of 55 years.
0��M26Y, Vy ouncil Agenda 390
IV. LEASING OF FACILITY; RENT
In consideration of the mutual covenants contained herein and the payment by Tenant to City rent of $900 per month, by the 5th day of each calendar month, without prior notice or demand, and without offset or deduction, City hereby leases to Tenant, and Tenant hereby leases from City, the Scherer Community Center's Nutrition Center, located at 12202 First Street, Yucaipa, California.
The monthly rent authorizes the following permitted uses:
Dining room access after 6:00 a.m. and until 8:30 a.m., on Tuesdays Use on mutually agreed holidays, subject to City approval Use of one (1) storage area.
All use shall be scheduled in advance and coordinated with City staff.
Any use of the Leased Premises beyond the days, times, or spaces identified above shall be considered additional use and must be requested in advance and approved by the City.
Additional use of the facility shall be subject to the CITY's standard fees and charges in effect.
V. UTILITIES AND MAINTENANCE
1. Tenant Responsibilities:
a. Tenant shall be responsible for ensuring that all waste generated by Tenant's use of the Leased Premises is properly disposed of in compliance with local regulations. b. During the term of this Lease, Tenant shall conduct routine maintenance at its cost. The Parties agree that the term "routine maintenance" shall include the day-to-day or periodic maintenance activities, such as janitorial services, removal of trash, which are intended to maintain the premises in a manner such that it will not deteriorate from its condition before leased, normal wear and tear excluded.
2. City Responsibilities:
a. City is responsible for utilities and cost of utilities defined as water, gas, electricity, and sewer usage.
b. City agrees to perform and pay for landscaping and any major or structural maintenance of the building excluding damage caused by Tenant, in addition to the cost of irrigation water for the front yard.
c. City reserves the use of the Leased Premises for City -approved classes and activities.
The schedule for classes will be coordinated with Tenant. 0//0�2�6a�ity ouncil Agenda 391
VI. USE OF LEASED PREMISES
1. The leased premises will be used by Tenant to hold meetings for the Rotary Club of Yucaipa.
2. Tenant may use the parking lot near the North and West corners of the Property to park.
3. Modifications to the leased premises may not be made by Tenant.
4. Tenant agrees that it will, upon termination of this Lease, return the leased premises in the same condition as at the commencement of the term of the lease, reasonable wear and tear excluded.
VII. INSURANCE REQUIREMENTS
Tenant shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with Tenant's operation and use of said premises:
Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage ($500,000 sub -limit for property damage). If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Coverage shall be at least as broad as ISO CGL occurrence form GC 0001. Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability Insurance. Automotive Liability:
$1,000,000 combined single limit (CSL) for bodily injury and property damage. This shall include owned, hired, and non -owned automobiles. Coverage shall be as broad as ISO CGL occurrence form CG 0001. Auto liability is required only if autos are used in performance of this contract. All policies, except for Workers' Compensation (requires Certificate of Insurance only), shall name City of Yucaipa, its employees, officers, agents, and volunteers as additional insureds. The insurance provided to the City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self- insurance program maintained by the City. Certificates of insurance shall be provided to City prior to or concurrent with the Tenant's execution of this Lease. The coverage shall provide that such insurance afforded to the additional insureds shall be primary, but only as respects to this Lease, and insurance maintained by City, its employees, officers, agents, and volunteers shall be non-contributing. Each insurance policy required by this clause shall state that coverage shall not be cancelled except after thirty (30) days prior written notice has been given to City.
Waiver of Subrogation
Tenant hereby grants City a waiver of any right to subrogation which any insurer of said Tenant may acquire against City by virtue of the payment of any loss under such insurance.
Tenant agrees to obtain any endorsement that may be necessary to affect this waiver of &/Y7?06 V?Vtouncil Agenda 392
subrogation, but this provision applies regardless of whether or not Tenant has received a waiver of subrogation endorsement from its insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of Tenant for all work performed by the Tenant, its employees, agents, invitees, members, and subcontractors.
VIII. INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by law, Tenant shall indemnify, protect, defend (with legal counsel reasonably selected by City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, independent contractors, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee, invitee or member of Tenant, liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, Lease by Tenant, its officers, agents, employees, representatives, members, invitees, anyone directly or indirectly employed by any of them, or anyone that they control. Tenant's duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
Tenant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from naming the Indemnified Parties as additional indemnitees.
In the event Tenant fails to obtain such indemnity obligations from others as required here, Tenant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Tenant and shall survive the termination of this Agreement and this section.
IX. DESTRUCTION OF PREMISES
Should the Leased Premises be damaged or destroyed by any cause not the fault of Tenant (including its members or invitees), City may, at City's sole option, repair the same.
X. MORTGAGES AND OTHER ENCUMBRANCES
Tenant shall not mortgage, hypothecate or otherwise encumber or cause any liens to be placed upon the Premises or the freehold estate of City. &/Ih?989616t��ouncil Agenda 393
XI. ASSIGNABILITY
Tenant shall not sub -lease the Leased Premises or assign any part of this Lease, and any attempt to do so shall terminate this Lease without further action on City's part.
XII. DEFAULT
Except as otherwise provided in this Lease, at any time one party is in default or breach of any provision of this Lease, the other parry may give written notice to remedy such default or breach. If the default or breach is remedied within sixty (60) days following such notice, then this Lease shall continue in full force and effect. If, (1) such default or breach is not remedied within said sixty (60) day period, or (2) the nature of the default or breach is such that it cannot reasonably be cured within sixty (60) days and the defaulting party fails to commence to cure within the sixty (60) day period and thereafter diligently prosecute the cure to completion, then the non -defaulting party may, at its option, terminate this Lease and, if terminated by City, take possession of the Premises without further notice and shall also be entitled to such damages or other remedies at law or in equity are available to either Party because of such default or breach. Termination of this Lease pursuant to this section shall not be considered a waiver of damages or other remedies at law or in equity available to either Parry because of such default or breach. Each term and condition of this Lease shall also be deemed to be a covenant. A waiver by either Party of any default or breach by the other Party of any provision of this Lease shall not constitute or be deemed to be a waiver of any subsequent or other default or breach. No waiver shall be binding, unless executed in writing by the party making the waiver; waivers on behalf of City shall only be given by resolution of the City Council. No waiver, benefit, privilege, or service voluntarily given or performed by either Party shall give the other party any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by Tenant other than default in the payment of the particular rental payment so accepted, regardless of City's knowledge of the preceding breach at the time of accepting the rent; nor shall acceptance of rent or any other payment after expiration or termination constitute a reinstatement, extension, or renewal of the Lease or revocation of any notice or other act by City.
XIII. GENERAL PROVISIONS
1. Attorneys' Fees. In the event that any action is brought by either Party against the other Party for the enforcement or declaration of any right or remedy in or under this Lease or for the breach or enforcement of any covenant or condition of this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and litigation costs from the other party.
2. Waiver.
a. No waiver of any breach of any of the terms, covenants, agreements, restrictions, or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, and conditions hereof. 04/�J6a�i y �ouncil Agenda 394
b. City's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of City's consent to or approval of any subsequent act by Tenant. The acceptance of rent hereunder by City shall not constitute a waiver of any preceding breach by Tenant of any provision hereof, other than the failure of Tenant to pay the rent so accepted, regardless of City's knowledge of such preceding breach at the time of its acceptance of such rent.
3. Entryby City; Inspection. City reserves the right for City and City's agents and representatives to enter upon the Premises at any reasonable time and after reasonable notice to Tenant for the purpose of inspecting the Premises, to examine the condition thereof, including the Premises' environmental condition; showing the same to prospective purchasers, tenants or lenders; making such alterations, repairs, improvements or additions to the Premises, as City deems reasonable or necessary; or attending to City's business and City's interest hereunder, as City may deem necessary or desirable.
4. Relationship of the Parties. The relationship of the Parties hereto is that of landlord and tenant, and it is expressly understood and agreed that City does not in any way, nor for any purpose, become a partner of Tenant or a joint venture with Tenant in the conduct of Tenant's operations, or otherwise.
5. Incorporation of Prior Agreements; Modifications. This Lease contains all agreements of the Parties with respect to any matter. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified only in writing and signed by the Parties at the time of such modification.
6. Time of Essence. Time is expressly declared to be of the essence of this Lease. Each term and each provision of this Lease, performable by Tenant, shall be construed to be both a covenant and a condition.
7. Construction of Lease. This Lease's language shall, in all cases, be construed as a whole and in accordance with its fair meaning and not restricted for or against either City or Tenant. The captions of the sections and subsections of this Lease are for convenience only and shall not be considered or referred to in resolving questions of construction.
8. Choice of Law; Venue. This Lease shall be governed by the laws of the State of California, with venue for any legal actions, which may be brought by either party against the other party in the San Bernardino Superior Court, San Bernardino Justice Center.
XIV. NOTICES
Any notice to be given or other document to be delivered by either Party to the other hereunder may be delivered in person to either party, or may be deposited in the United States mail, in the State of California, duly registered or certified, with postage fully prepaid and addressed to the party for whom intended as follows:
0/�1 89616t��ouncil Agenda 395
TO CITY: City Manager
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
TO TENANT: Club President
Rotary Club of Yucaipa
P.O. Box 661,
Yucaipa, CA 92399
Either Party may, from time to time, by written notice to the other Party, designate a different address, which shall be substituted for the one above specified. If any notice or other document is sent by registered or certified, the same shall be deemed served or delivered on the third (3`d) business day after the mailing thereof.
XV. SEVERABILITY
If any provision of this Lease shall be adjudged to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision(s) hereof, the Parties hereby agree that they would have entered into the remaining portion of this Lease notwithstanding the omission of the portion or portions adjudged invalid, void or illegal.
XVI. COUNTERPARTS
This Lease may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to the same instrument.
XVII. REVENUE & TAXATION CODE SECTION 170.6 POSSESSORY INTEREST TAX Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section hereof, be responsible for payment of property taxes levied against such possessory interest.
"�� 6ee,t .' ouncil Agenda 396
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date and year first above written.
CITY OF YUCAIPA
Dr. Sean M. Moore
City Manager
Date
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
APPROVED AS TO FORM:
Steven Graham Pacifico, City Attorney
ROTARY CLUB OF YUCAIPA
Club President
Date
0i/�3J 64&y �ouncil Agenda 397
(AT), OF
rj
STAFF REPORT
Item No. 18
DATE: July 27, 2026
TO: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager
PREPARED BY: Megan Wolfe, Director of Comm 'ty Services NNW Sarah Valdepena, Community Services Recreation Superintendent SUBJECT: Crossing Guard Agreement
RECOMMENDATION:
That the City Council:
Approve and authorize the Crossing Guard Agreement with the Yucaipa-Calimesa Joint Unified School District and the City of Calimesa; or
2. Provide further direction to staff.
BACKGROUND/DISCUSSION:
The City of Yucaipa has a long-standing partnership with the Yucaipa-Calimesa Joint Unified School District and, historically, the City of Calimesa for the provision of Crossing Guard Services at school -area intersections. This collaboration dates back to 1994 and has been maintained through various agreements that have evolved to reflect operational needs, liability considerations, and cost - sharing structures.
While previous agreements primarily focused on service delivery within the City of Yucaipa, the new agreement formally re-establishes a three -party partnership with the City of Calimesa as an active contracting parry and cost -share participant. In addition, the agreement includes one designated Crossing Guard location within the City of Calimesa that will be staffed and managed by the City of Yucaipa.
The agreement continues the shared commitment of the City of Yucaipa, the District, and the City of Calimesa to support safe pedestrian access for students traveling to and from school. Under the agreement, the City of Yucaipa will continue to employ, train, and manage Crossing Guard personnel who will provide services during the academic year at designated intersections, excluding summer school periods.
07/27/2026 City Council Agenda 398
A key enhancement in this agreement is the inclusion of the City of Calimesa as both a funding partner and service beneficiary at select locations, reflecting shared regional student travel patterns and interjurisdictional safety needs.
The agreement includes the following service locations and cost -sharing structure:
50/50 City of Yucaipa and District:
Crossing Guard services supporting:
o Wildwood Elementary
o Dunlap Elementary
o Ridgeview Elementary/Park View Middle
o Valley Elementary
o Chapman Heights Elementary
o Competitive Edge Charter School
• Three -Party Cost Allocation (City of Yucaipa/District/City of Calimesa):
Crossing Guard services supporting:
o Calimesa Elementary
Full intersection -level detail and exact percentages are included in the attached agreement. The cost -sharing structure reflects the participating agencies' shared responsibility for providing Crossing Guards throughout the Yucaipa-Calimesa area.
Staff recommends a five-year agreement term to provide stability for budgeting, staffing, training, and long-term program administration while allowing the parties to annually review service locations and operational needs.
FISCAL IMPACT:
The Fiscal Year 2026-2027 Draft Budget includes estimated Crossing Guard Program expenditures of $109,508.33 and projected revenues of $63,879.86 from the Yucaipa-Calimesa Joint Unified School District and the City of Calimesa. The estimated net General Fund cost to the City of Yucaipa is approximately $45,628.47.
Attachment:
1. Crossing Guard Agreement
07/27/2026 City Council Agenda 399
ATTACHMENT 1
07/27/2026 City Council Agenda 400
CITY OF YUCAIPA
YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT
CITY OF CALIMESA
AGREEMENT FOR CROSSING GUARD SERVICES
THIS AGREEMENT, made and entered into this of , 2026, by and between the CITY OF YUCAIPA, the YUCAIPA-CALIMESA UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT", and the CITY OF CALIMESA.
RECITALS
WHEREAS, the CITY OF YUCAIPA has personnel specifically skilled, trained, experienced, and competent to render the services described in this agreement and the CITY OF YUCAIPA, DISTRICT, and CALIMESA require these services; and WHEREAS, the CITY OF YUCAIPA, DISTRICT, and the CITY OF CALIMESA feel it is appropriate that these services continue to be provided during academic periods; WHEREAS, the DISTRICT and the CITY OF CALIMESA are unable to obtain the services described in Article 1 of this agreement at no cost from public agencies; NOW, THEREFORE, the CITY OF YUCAIPA, DISTRICT, and the CITY OF CALIMESA mutually agree as follows:
1. Services to be Provided by the CITY OF YUCAIPA
a. The CITY OF YUCAIPA, DISTRICT, and the CITY OF CALIMESA agree that the CITY OF YUCAIPA will provide Crossing Guards Services at the designated locations. Such Services shall be performed only during each academic year for the duration of this Agreement, summer school, and during special school events as agreed upon by the Parties.
i. The cost of providing the following Crossing Guards Services will be shared equally by the CITY OF YUCAIPA and the DISTRICT at the following locations:
a) Susan Street at the intersection of Holmes Street
b) 12th Street at the intersection of "E" Street
c) Tahoe Drive at the intersection of Sunnyside Drive
d) 8th Street at the intersection of Reedywoods Lane
07/27/2026 City Council Agenda 401
e) Chapman Heights Road at the intersection of Cramer Road f) 5th Street at the intersection of Stonewood Drive
ii. The CITY OF YUCAIPA will provide Crossing Guard Services at the following intersections, and one-fourth of the cost of providing services will be paid by the CITY OF YUCAIPA, one-fourth of the cost will be paid by the CITY OF CALIMESA, and one-half of the cost will be paid by the DISTRICT:
a) 2nd Street at the intersection of County Line Road
b) Yucaipa Blvd at the intersection of 12th Street
c) 13th Street at the intersection of Thunderbird Way
iii. The CITY OF YUCAIPA will provide Crossing Guard Services at the following intersections, and one-half of the cost of providing services will be paid by the CITY OF CALIMESA and one-half of the cost will be paid for by the DISTRICT:
a) 7th Street at the intersection of Sandalwood Drive
b. The CITY OF YUCAIPA will provide Crossing Guard Services at the intersections specified in Section I during the school year. Schedules and hours will vary per school site and will be provided to the CITY OF YUCAIPA in advance.
The CITY OF YUCAIPA will commence work under this agreement beginning August 6, 2026, and will provide Crossing Guard Services for five academic years, not including summer school.
d. The CITY OF YUCAIPA will provide these services and direction for employees in an independent manner. The CITY OF YUCAIPA is independent of the DISTRICT and the CITY OF CALIMESA and is not under the control of the DISTRICT and the CITY OF CALIMESA as to the results to be accomplished or to the means or manner by which such results shall be accomplished.
The parties acknowledge that there may be a need to reassess staffing levels and locations throughout the Term of the Agreement, for reasons including but not limited to changes in school operations. The parties agree to meet once annually, or more often if requested by one of the parties, to evaluate staffing levels and locations, and make adjustments as necessary. The CITY OF YUCAIPA shall not be required to refund any fees paid by the DISTRICT and the CITY OF CALIMESA that have already been expended by the CITY OF YUCAIPA to pay for crossing guard services or supplies.
2. The CITY OF YUCAIPA's Fee and Pavment Thereof
07/27/2026 City Council Agenda 402
a. The DISTRICT will pay the CITY OF YUCAIPA for Crossing Guard Services rendered pursuant to this agreement as follows for the 2026/2027 through 2030/2031 academic years:
i. 50% of the cost of providing Crossing Guard Services at Wildwood Elementary, Dunlap Elementary, Ridgeview Elementary, Calimesa Elementary, Park View Middle, Valley Elementary, Chapman Heights Elementary, Competitive Edge Charter School, and Yucaipa High School; b. The CITY OF CALIMESA will pay the CITY OF YUCAIPA for Crossing Guard Services rendered pursuant to this agreement as follows for the 2026/2027 through 2030/2031 academic years:
i. 25% of the cost of providing Crossing Guard Services at Calimesa Elementary School.
The amount included in this section shall constitute the total sum due and owing to the CITY OF YUCAIPA by the DISTRICT and the CITY OF CALIMESA for the Crossing Guard Services provided by the CITY OF YUCAIPA in the performance of the AGREEMENT. Cost of providing Crossing Guard Services means actual salary, benefits, payroll taxes, workers' compensation insurance, uniforms, training, supplies, supervision, and administrative costs.
d. Costs shall be recalculated annually based upon actual Crossing Guard wages, benefits, payroll taxes, workers' compensation costs, administrative costs, and other direct program expenses incurred by the CITY OF YUCAIPA. e. The CITY OF YUCAIPA will bill the DISTRICT and the CITY OF CALIMESA twice annually (January/June) for payment under this agreement. The DISTRICT and the CITY OF CALIMESA will process the invoice and pay one-half of the annual amounts due within 30 days of the date of the invoice.
3. Duration of Agreement
The term of this agreement shall be from July 1, 2026, to and including June 30, 2031.
4. Termination of Agreement
a. Termination for Breach. Any party may terminate this agreement in the event of a material breach by the other parties by providing written notice to the breaching party, specifically identifying the breach or breaches on which such notice of termination is based. The breaching party shall have a right to cure such breach 07/27/2026 City Council Agenda 403
within 30 days of receipt of such notice and this agreement shall terminate in the event that such cure is not made within such 30-day period. b. Termination Without Cause. Any party may may terminate this agreement at any time and for any or no reason upon ninety (90) days' written notice to the CITY OF YUCAIPA and the other entity.
5. Successors and Assigns
This agreement shall not be assignable except with written consent of the parties hereto.
The CITY OF YUCAIPA may, however, in its sole discretion, determine how the services provided under the agreement will be accomplished and may contract or assign any obligations to provide services without notice or consent of the DISTRICT and the CITY OF CALIMESA.
6. Hold Harmless
Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement as defined in Government Code Section 895. Therefore, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, each assumes the full liability imposed upon it or any of its officers, agents, representatives or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each party indemnifies and holds harmless the other party for any loss, cost, or expense, including reasonable attorneys' fees that may be imposed upon or incurred by such other party solely by virtue of Government Code Section 895.21. No party or any of its officers, agents, volunteers, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of another party under or in connection with any obligation delegated to the parties under this Agreement. Each party shall indemnify, defend and hold harmless the other party, its officers, agents, volunteers, contractors, and employees from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the party's own officers, agents, contractors, or employees under or in connection with any obligation delegated to such party under this agreement. Each party's obligations under this paragraph shall survive termination of this Agreement.
7. General Provisions.
a. The Parties shall comply with all federal, state and local laws and ordinances applicable to such work. The CITY OF YUCAIPA shall provide workers' compensation insurance or self -insure for these services. 07/27/2026 City Council Agenda 404
b. Notice. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during CITY OF YUCAIPA, the DISTRICT'S, or the CITY OF CALIMESA'S regular business hours, (c) by email or facsimile (with confirmation of receipt) or (d) three business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
To CITY OF YUCAIPA: 34272 Yucaipa Blvd.
Yucaipa, California 92399
To DISTRICT: Yucaipa-Calimesa Joint Unified School District 12797 Third Street,
Yucaipa, California 92399
To CITY OF CALIMESA: 908 Park Avenue
Calimesa, California 92320
C. Conflict of Law. This agreement shall be interpreted under and enforced by the laws of the State of California. The agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this agreement (or the successors of those authorities). Any suits brought pursuant to this agreement shall be filed with the Superior Court of the County of San Bernardino, State of California.
d. Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
Integrated Contract. This agreement represents the full and complete understanding of every kind or nature whatsoever between the parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this agreement will be effective only by a written document signed by the CITY OF YUCAIPA, the DISTRICT, and the CITY OF CALIMESA.
f. Authority. The individual(s) executing this agreement represent and warrant that they have the legal authority to do so on behalf of their respective legal entities. g. Inserted Provisions. Each provision and clause required by law to be inserted into the agreement shall be deemed to be enacted herein, and the agreement shall be read and enforced as though each were included herein. If through mistake or 07/27/2026 City Council Agenda 405
otherwise, any such provision is not inserted or is not correctly inserted, the agreement shall be amended to make such insertion on application by either party. h. Captions and Terms. The captions in this agreement are for convenience only, are not a part of the agreement and in no way affect, limit or amplify the terms or provisions of this agreement.
Force Majeure. CITY OF YUCAIPA shall not be liable for any failure to perform its obligations under this agreement if CITY OF YUCAIPA presents acceptable evidence that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond CITY OF YUCAIPA's reasonable control and not due to any act by CITY OF YUCAIPA.
j. Attorney Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that parry may be entitled.
k. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be illegal, invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
No Third Parry Beneficiaries Intended. This agreement is made solely for the benefit of the parties to this agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this agreement.
M. Counterparts; Facsimile/PDF/Electronic Signature. This agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument. The parties agree that a facsimile, PDF or electronic signature may substitute for and have the same legal effect as the original signature.
n. Drafting Party. This agreement shall be construed without regard to the party that drafted it. Any ambiguity shall not be interpreted against either party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.
07/27/2026 City Council Agenda 406
CITY OF YUCAIPA
By its Authorized Representative(s):
Dr. Sean m. Moore, City Manager
Date
ATTEST:
IIn
Ana V. Sauseda, MMC
Director of General Services/City Clerk
APPROVED AS TO FORM:
Steven Graham Pacifico
City Attorney
YUCAIPA-CALIMESA JOINT UNIFIED
SCHOOL DISTRICT
By its Authorized Representative(s):
Cali Binks, YCJUSD Superintendent
Date
CITY OF CALIMESA
By its Authorized Representative(s):
Will Kolbow, City Manager
Date
07/27/2026 City Council Agenda
407
CITY Or
Item No. 19
DATE:
STAFF REPORT
July 27, 2026
TO: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager
PREPARED BY: Megan Wolfe, Director of Community Services Mi,j SUBJECT: Joint Use Agreement Between the City of Yucaipa and the Yucaipa-Calimesa Joint Unified School District
RECOMMENDATION:
That the City Council:
Approve the Joint Use Agreement between the City of Yucaipa and the Yucaipa-Calimesa Joint Unified School District for the shared use of City and District facilities through June 30, 2036; and
2. Authorize the City Manager, to execute the Agreement and any non -substantive administrative modifications necessary to implement the Agreement; or
3. Provide further direction to staff.
BACKGROUND/DISCUSSION:
The City of Yucaipa and the Yucaipa-Calimesa Joint Unified School District (District) have maintained a long-standing partnership to maximize the use of public recreational and educational facilities for the benefit of the community. Through joint use agreements, both agencies have coordinated the use, maintenance, scheduling, and operation of various parks, sports fields, gymnasiums, pools, and community facilities.
The proposed Joint Use Agreement establishes a comprehensive framework for the shared use of City -owned and District -owned facilities through June 30, 2036. The Agreement provides opportunities for residents, youth sports organizations, schools, and community groups to access recreational and educational facilities while promoting efficient use of public resources. In addition, the City and District will continue funding two School Resource Officer positions. One SRO position will be funded equally by the City and District, with each agency responsible for fifty percent (50%) of the cost. The second SRO position will be funded with the District responsible for eighty percent (80%) of the cost and the City responsible for twenty percent (20%) 07/27/2026 City Council Agenda 408
of the cost. Funding is based upon the San Bernardino County Sheriffs Department Schedule A rates in effect during each fiscal year.
This Agreement strengthens the collaborative relationship between the City and YCJUSD and ensures continued public access to recreational and educational facilities while clearly defining operational responsibilities for both agencies.
On June 23, 2026, the Parks and Recreation Commission reviewed and approved the proposed Joint Use Agreement for City Council approval.
FISCAL IMPACT:
Each agency will remain responsible for maintenance, operations, utilities, staffing, and other costs associated with facilities under its ownership, except where otherwise specified in the Agreement. All costs have been appropriated through the annual budget process.
The Agreement continues the existing School Resource Officer cost -sharing arrangement between the City and District. Funding for these services is included within the City's annual operating budget and will continue to be appropriated through the annual budget process.
Attachment:
1. Yucaipa-Calimesa Joint Agreement
07/27/2026 City Council Agenda 409
ATTACHMENT 1
07/27/2026 City Council Agenda 410
CITY OF YUCAIPA
AND
YUCAIPA-CALIMESA JOINT
UNIFIED SCHOOL DISTRICT
JOINT USE AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this 1st day of January 2026, in the State of California by and between the CITY OF YUCAIPA, a municipal corporation, hereinafter referred to as "City," and YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT, a California public school district, hereinafter referred to as "District." In some instances, as shown on Attachment A, "District Facility Locations," City will be the Lessee and District will be the Lessor of the property; and in some instances, as shown on Attachment B, "City Facility Locations," District will be the Lessee and City will be the Lessor of the property. In all instances herein, Lessor shall refer to the agency with a fee title interest in the property involved, and the Lessee shall refer to the agency obtaining a use interest in such property by way of this Agreement.
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, District is the owner of several school sites located within the boundaries of the City, and the City owns certain park lands in the vicinity of such school sites; and WHEREAS, it is beneficial to the citizens of the City and District for the facilities to be used in the most cost effective manner possible; and
WHEREAS, the most cost effective use of the facilities owned by District and City can be accomplished through a joint use agreement which provides for a master, joint use lease, and otherwise sets conditions under which District will use City -owned property and facilities ("City Property") and City will use District -owned property and facilities ("District Property"); and WHEREAS, both City and District agree that the uses of the agency that owns a particular property subject to use ("Owning Agency") take precedence in terms of scheduling and use, and both parties agree to a priority of use resting with the Owning Agency, with the exception that the City's use of Yucaipa High School for Fourth of July Festivities shall be considered a priority use for the City, in exchange for the City's provision of police services, at the City's expense, to the District for the Yucaipa High School Graduation Ceremony; and
WHEREAS, City and District shall fund two (2) School Resource Officers (SRO) according to the provisions set forth in the Agreement; and
WHEREAS, District owns certain property that may require the exclusion of public for student security reasons, and therefore both parties agree to those provisions of this Agreement set forth below and also contained in Attachments A, and B which are attached hereto and incorporated herein by this reference.