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Draft Agenda Packet - 11-16-2021 CC HA Agenda
CALIFORNIA NATIONAL Mr IN CORPORATED ai INCORPORATED ALEJANDRA SOTELO-SOLIS Mayor JOSE RODRIGUEZ Vice Mayor MARCUS BUSH Councilmember RON MORRISON Councilmember MONA RIOS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4240 Meeting agendas and minutes available on the City's website at WWW.NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ONLINE ONLY MEETING https://www.nationalcityca.gov/webcast LIVE WEBCAST COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, NOVEMBER 16, 2021 — 6:00 PM NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority. The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19). The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act. As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve. A live webcast of the meeting may be viewed on the city's website at www.nationalcityca.gov. For Public Comments see "PUBLIC COMMENTS" section below ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review on the City's website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City's website at www.nationalcityca.gov. PUBLIC COMMENTS: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below: Submit your public comment prior to the meeting: To submit a comment in writing, email PublicComment(c�nationalcityca.gov, provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comment is not related to a specific agenda item, 1 of 317 indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record. Register online and participate in live public comment during the meeting: To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.qov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting. ***Please note that you do not need to pre -register to watch the meeting online, but you must pre -register if you wish to speak. Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties. ***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. Public microphones will be muted until it is your turn to comment. Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated. All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whole and avoid personal attacks against members of the public, City Council, and city staff. Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at Clerk(c�nationalcityca.gov. INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre -Register on Zoom. Once logged into Zoom to use the interpretation feature, please scroll to the bottom of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (...), then Interpretation, and then choose your language. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please 2 of 317 contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemic global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown. Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios publicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en to sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas inician a las 6:00 p.m., a menos que se indique to contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www. nationalcityca.gov. COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuacion: Envie su comentario publico antes de la sesion: Para enviar un comentario por escrito, envie un correo electronico a PublicCommentnationalcityca.qov, proporcione el numero del tema o asunto de la agenda y el titulo del tema o asunto en la linea de asunto de su correo electronico. Los comentarios o testimonios publicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto especifico de la agenda, indique Comentario Publico General en la linea de asunto. Todos los comentarios por correo electronico recibidos antes de las 4:00 p.m. del dia de la sesion se enviaran por correo electronico a los miembros del Concejo Municipal y formaran parte del acta oficial. Registrese en linea y participe en los comentarios publicos en vivo durante la sesion: Para proporcionar comentarios publicos en vivo durante la sesion, debe registrarse previamente en el sitio web del Ayuntamiento en 3 of 317 https://www.nationalcityca.qov/publiccomment antes de las 4:00 p.m. del dia de la junta ordinaria para incorporarse a la sesion del Concejo Municipal. ***Tenga presente que no necesita registrarse previamente para ver la sesion en linea, pero debe registrarse previamente si desea hablar. Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la reunion en Zoom antes del inicio de la sesion para asegurarse de no encontrar dificultades tecnicas de ultimo momento. ***Tenga presente que las personas del publico no se mostraran en video; podran observar, escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su turno de comentar. Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extension de los comentarios debido a la cantidad de personas que deseen hablar o si los comentarios se vuelven repetitivos o no relacionados. Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del publico, el Concejo Municipal y el personal del Ayuntamiento. ,Preguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comunrquese con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico a Clerk(nationalcityca.gov. SERVICIO DE INTERPRETACION: Para utilizar la funcion de interpretacion zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesion en zoom para utilizar la funcion de interpretacion, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Naga clic en el icono de interpretacion (globo terraqueo), y seleccione "Spanish" (espanol). Si esta utilizando la aplicacion movil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (...), luego "interpretation" y luego el idioma. AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido despues de haber sido publicada la agenda. CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan mediante la aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. 4 of 317 Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al telefono (619) 336-4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta. 5 of 317 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES AWARDS AND RECOGNITIONS 1. Body Worn Camera Axon Contract (Police) PRESENTATIONS (FIVE-MINUTE TIME LIMIT) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 2. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Resolution of the City Council of the City of National City, California authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $39,141 to fund the National City Public Library's Literacy Services Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $39,141 and corresponding revenue budget. 4. Resolution of the City Council of the City of National City, California, authorizing the City Manager to amend the agreement between the City of National City ("City") and ICF Center for Cross Border Philanthropy D.B.A. Olivewood Gardens and Learning Center for the maintenance and operation of a community garden ("operator") and exercising a first option to extend the agreement for a 24 month period from November 16, 2021 to November 15, 2023. 6 of 317 5. Resolution of the City Council of the City of National City, California authorizing the acceptance of the Community Enhancement Grant from the County of San Diego in the amount of $5,000 to cover costs associated with the annual Kimball Holiday event and the establishment of grant fund appropriations of $5,000 and corresponding revenue budget. 6. Resolution of the City Council of the City of National City,California approving the settlement between Leanna Navarro and the City of National City. (City Attorney) 7. Resolution of the City Council of the City of National City,California authorizing the Mayor to execute the Agreement between the City of National City and Devaney Pate Morris Cameron, LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims for the total not to exceed amount of $75,000.00 per case and approving the City Attorney's execution of same. ( City Attorney) 8. Resolution of the City Council of the City of National City for approving an appropriation in the amount of $22,000 to the General Fund for FY21. Currently the Agreement specifies the not -to -exceed amount of $50,000. The City of National City engages in outside legal support from Liebert Cassidy Whitmore for Employee Investigation Services. Employee Investigation Services proceeded longer than anticipated causing the City to exceed the allotted amount for FY21. (Human Resources) 9. Resolution of the City Council of the City of National City, 1) awarding a contract to Crest Equipment Inc. in the not -to -exceed amount of $1,281,798.37 for the El Toyon Las Palmas Bicycle Corridor Project, CIP No. 19-02; 2) authorizing a 15% contingency in the amount of $192,269.76 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City, 1) awarding a contract to Tri-Group Construction and Development, Inc. in the not -to - exceed amount of $1,403,820.00 for the Citywide Safe Routes to School Project, CIP No. 19-04; 2) authorizing a 15% contingency in the amount of $210,573.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the east side of the driveway adjacent to the property located at 225 E. 26th Street in order to improve visibility for vehicles exiting the driveway onto E. 26th Street (TSC No. 2021-20). (Engineering/Public Works) 12. Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal 7of317 Code section 2.60.220, subsection (8), sole source procurement , for the Police Department's purchase of seventy (76) body worn cameras, cloud - based storage of digital evidence, and internet data management through Evidence.com, including support services and assist with the implementation of auto -tagging through CAD from Axon Enterprise, Inc. and authorize the City to award the purchase and authorize the Mayor to execute a five-year contract in the amount of $514,839.80 with Axon Enterprise, Inc. (Police) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 13. Adoption of an Ordinance of the City Council of the City of National City, California, approving a Zone Change from Major Mixed -Use District (MXD-2) to Service Commercial (CS) and Open Space (OS), and amendment to Chapter 18.22.020 of the Municipal Code to allow for used auto sales in the CS zone for construction of a Carmax dealership on property located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805. (Applicant: Carmax) (Case File No. 2016-30 ZC, A) (Planning) 14. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Chapter 11.52 (Bicycles) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2021-03 A) (Planning) NON CONSENT RESOLUTIONS NEW BUSINESS 15. Financial Update on Development Impact Fees. (Finance) 16. Update on implementation of the Parking Action Plan for Downtown National City. (Community Development) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 17. First Quarter Fiscal Year 2022 Budget Review. (Finance) 18. City Manager Report. (City Manager) 8 of 317 MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - December 7, 2021 - 6:00 p.m. - Council Chambers - National City, California. 9 of 317 The following page(s) contain the backup material for Agenda Item: Body Worn Camera Axon Contract (Police) Please scroll down to view the backup material. 10 of 317 7-1111 NATIONAL CITY POLICE Body Worn Camera Axon Contract PRESENTERS: ALEX HERNANDEZ, CAPTAIN ANTONIO YBARRA, LIEUTENANT Enter into a 5 year contract with Axon Enterprises LLC for the following: • Annual payment of 102,967.96 for a five year total cost of $514, 839.80. • 76 Body Worn Cameras (BWC), to include accessories • Unlimited storage of video data (cloud based) • Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to the DA's Office and Prosecutors. • Automated process of tagging and categorizing digital evidence stored in Axon Evidence. • Data management system that allows us access to all files without local storage infrastructure or software needed (Cloud based) 12 of 317 Benefits of Body Worn Cameras • INCREASED TRANSPARENCY • STRENGTHEN POLICE AND COMMUNITY RELATIONS AS VARIOUS VIDEOS HAVE BEEN RELEASED UNDER PUBLIC RECORDS ACT REQUESTS. • VIDEO RECORDING OF OFFICERS ACTIONS DURING USE OF FORCE INCIDENTS • ASSISTS OFFICERS BY RECORDING ESSENTIAL EVIDENCE, SUCH AS VICTIM AND WITNESS TESTIMONY 13 of 317 r1 7-1111 NATIONAL CITY POLICE LINJ uestions The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material. 15 of 317 Item # 11 /16/21 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 16 of 317 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $39,141 to fund the National City Public Library's Literacy Services Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $39,141 and corresponding revenue budget. Please scroll down to view the backup material. 17 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, California authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $39,141 to fund the National City Public Library's Literacy Services Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $39,141 and corresponding revenue budget. Joyce Ryan, Library & Community Services PI E_PAI ED BY: Director PHONE: 61 - 0-5882 EXPLANATION: Please see attached, DEPARTMENT: Library & Community Services APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 12 -313 7- 46 3 Lit rac. Services Grant Expenditures: 20-431 _ 3 3 7 * Literacy Services Grant Note: Local l raids of $47,94 from C fBCj authorized by . i y Council ncil available, APPROVED: 4at APPROVED: by Resolution No 2021-47 on Finance MIS Ma., 4, 2021 are pro ria cd and ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the Resolution. FINAL ADOPTION: BOARD /COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on October 6, 2021. ATTACHMENTS: Staff Report 2. State Library's Award Letter with Award Agreement and Certificate of Compliance 3. Resolution 18 of 317 CALIFORNIA NN ;tirI O NAL CI IV o mo INCORPORATED City Council Staff Report November 16, 2021 ITEM Resolution of the City Council of the City of National City, California authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $39,141 to fund the National City Public Library's Literacy Services Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $39,141 and corresponding revenue budget. BACKGROUND California Library Literacy Services was developed in 1984 as the first statewide library -based adult literacy service. Since then, library literacy programs have helped more than a quarter of a million learners and their families. Since 1984, the National City Public Library has assisted adults who seek to improve their reading skills. Adults in the literacy program achieve personal goals such as learning the alphabet, reading a book for the first time, getting a job, sharing a book with a child, reading a medicine label, volunteering in the community, and voting. Our Library has also developed a strong program with curriculum in digital literacy. EXPLANATION The California Library Literacy Services (CLLS) grant is designed to support the Library's literacy services program for adults who seek to improve their reading, writing, math, and computer skills. The award amount the State Library provides to libraries that offer literacy services to their communities is based on a three-part funding formula: 1. A baseline amount ($20,000) for each approved library literacy program; 2. A per capita amount per adult learner served in the previous year's program; and 3. Additional funding raised by local funds earmarked for adult literacy services. This local funding is fulfilled by a CDBG grant the City Council awarded to the Library on May 4, 2021 in the amount of $47,949.00 to defray the personnel costs of the Academic Enrichment Coordinator who oversees the operation of the literacy program. The CLLS grant is awarded in two installment payments. The first payment of $39,141 (90% of the Adult Literacy Award) is being awarded at this time. The second payment of $4,349, representing the remaining 10% of the total award for FY 2022, will be claimed at a later date upon submission of the mid -year narrative and financial reports that demonstrate program activity and confirm that 75% of the award has been expended. The total award amount for FY 2022 will be $43,490. 19 of 317 Page 2 Staff Report — Resolution Approving Acceptance of California Library Literacy Services Grant Funds November 16, 2021 The National City Public Library's Adult Literacy Program provides literacy services to English- speaking adults, helping them reach their goals as lifelong learners, community members, workers, and family members. The Adult Literacy Program values learner -centered education, and places the real -world needs and interests of adults at the center of the curriculum. RECOMMENDATION Adopt a resolution authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $39,141 to fund the National City Public Library's Literacy Services Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $39,141 and corresponding revenue budget. FISCAL IMPACT Adoption of the resolution will approve the acceptance of grant funds in the amount of $39,141 for the Library Literacy Program. Local funds of $47,949 from CDBG authorized by City Council by Resolution No 2021-47 on May 4, 2021 are appropriated and available. 20 of 317 SOS-CILS±g EnYte to pe_ O. 6F1 OBEED-OBFB-4912-A99F-1.134risaiiiion_ August 5, 2021 Joyce Ryan, City Librarian National City Public Library 1401 National City fvd. National City, A 91950 Dear Ms. an; (1L &'r4 PIO (;4' l d rR STATE I BRA RY Eirmarnaimenzum PM9it I11R1 MAI, rovers L'11r14I+ni p We're pleased to pro de funds to support your California Library Literacy Services program and the important work that you and your staff and volunteers do in your community. The state budget continues California Library Literacy Services funding at $4.82 million for adult literacy services and $2.5 million for family literacy services. Your total award for the fiscal year that began July 1, 2021, is: • Adult Literacy Services: $43,490 Note: This year, your Adult Literacy Services award amount is 6 4 higher then your projected award amount. You will need to complete a Budget Modification Form to reflect how you will use the entire award when you complete your claim form. Information about the Budget Modification requirement and the form is included at the back of the award packet. Your award will be claimed in two stages. The attached fore will allow you to request the first 90% of your Adult Literacy Services Award: • 90% of the Adult Literacy Award $39,141 Note: Information about claiming the remainder of you award is included in the payment schedule at the back of your award packet. Your funds must be encumbered by June 30, 2022, and fully expended, in accordance with your approved budget on file with the State Library, by December 31, 2022. Encumbered funds are those that have been deposited in the awardee's accounting system and for which a budget has been provided to and approved by the State Library. Please be sure your program expenditures areconsistent with the California Library Literacy Services allowable and unallowable costs guide. If you have any questions about expending your funds please reach out to k nnly Roman at annly.roman 1ibrary.ca. gov. We strongly encourage your program staff to develop and maintain community partners to strengthen your program as well as attend regular regional library literacy network meetings and participate in library literacy training opportunities offered by the State Library and the regional networks. 916.653.5217 phone 91 .653.8443 fax www,library.ca,gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 NI Street, 4th Floor, Sacramento, CA 95814 21 of 317 The payment process begins when we receive your completed and signed Budget Modification Form and claim and certification forms (attached). All forms should be completed, and signed using DocuSign in order to be processed for payment. Our library literacy staff is available to assist you throughout the year. Your Advisor is Beverly Schwartzberg: heverly.schwartzbergaMbrarv.ca.uov and your Grant Monitor is fly Roman: aridly. ornau(a 1 i hr r .ca.go v. Please contact therm with any questions. Thank you for your willingness to do so much for so many people in need. Best wishes for a succes 1�11 year. .espe tf illy yours, -Greg Lucas alfornia ate Librarian Cc: Be r chwartzberg, beverly . sc hwartz erg(c jibrary . ca. g,ov Annir oman, annly.roman(r ;librarv.ca.gov Gina Iwata, Gina,Iwataalibrarv.ca.gov Milli Vidamo, rnikki.vidamo @rr ationalcityiibrary .or-. g Erie: Claim form and certification form 22 of 317 "7qF-1 L14'L F3 E 111f 1_ National onal City Public Libman► Invoice # 0— 74?-1 PLEASE COMPLETE AND RETURN THIS PAGE California Claim Form State of California Library Literacy and English Acquisition Services (CLLS) California Education Code; Section 18880-18883 Budget Citation Chapter 21 - Budget Item 6120-213-0001 Fiscal Year: 2021- 0 Reporting Structure: 61202000 Purchasing Authority Number: CL-1 C COA: 5432000; Approp. Ref: 213 Category: 841 1600 Program # : 5312 FOR PAYMENT OF CALIFORNIA LIBRARY LITERACY SERVI E RANT Amount Claimed $39,141 National City Public Library claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code. Warrant to be issued for parent to the library to be addressed to: National City Public Library, 1401 National City Blvd, National City, CA 91 5O-44 1 (Authorized agency to receive, disburse and account for CLLS funds) 1 hereby certify under penalty of perjury: that the library named above shall use their allowance solely for the purposes indicated in their CLLS application and in Sections 18880-18883 of the California Education Code. Administrative Services Director Official Re reset�ative Fiscal Agent Official lie re�e alive or p(Signciture Required) Title gum — — E — — — 4.• — — — a — I — — i — — — — — — w w E 1 State Library Local Assiistgnce Office Use Only STATE OF CALIFORNIA, State Library Fiscal Office By State Library Representative Approval by State: CLLS $ Date: `The warrant address must match that on file in FiCal. If you need to change the authorized library name and/or address. please contact Gina Iwata, CSL Fiscal office. (aino.iwata -dt library._ca. iov 23 of 317 National City Public Libr-w Invoice # 0- 742-1 PLEASE COiPLETE. AND RETURN THIS PAGE CERTIFICATION hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. The claims the indicated allowance for the purposes of carrying out the functions stated in its ILLS application and in Sections 18880-18883 of the California Education code. National City Public Library, 1401 National City Blvd, National City, CA 91 5 -4401 SIGNED Sir nartur - uthorize risetotive r Jo y ce Ryon, Library & Community Services Director Typed/Printed Name and Title of Authorized Representative ,j ryan nati +an al ci tyca . gov Email address of authorized representative aim — —mini immi ens imp aim DATE /6/12/3-/ O fir+ ! - - WNW I s 111=11 U i _ MN O i I M MEM- =M _ s 24 of 317 PROTECT INFORMATION: Invoice #: 20-6742-1 Project Title: California Library Literacy Services Grantee: National City Public Library Funding Start late: upon execution Term completion: December 31, 2022 Total Adult literacy Services Funded Amount: $43,490 PAYMENT SCHEDULE: Libraries may request 90% of their Adult Literacy Services award upon receipt of the award letter. Libraries may request the final 1% of their award upon the completion and approval of the mid -year report. Note: Libraries have 18 months to spend their CLLS funds, from the start of the fiscal year in which the funds are awarded until December 31 of the following fiscal year. Adult Literacy Services Initial Payment 9,141 Final Payment $4,349 Total: $43,490 REPORTING: Libraries will be required to submit mid -year financial and program narrative reports as well as a final report. Reminder emails will be sent out beginning six weeks before each required report. All required reporting materials will be located on the California State Library's website, The reporting schedule is detailed below. Mid -year financial and Narrative report Due January 31, 2022 Final Report Due September 30, 2022 Note: A budget modification form will be required for all budget changes regardless of amount. Modification form may be submitted throughout the year but no later than May 315'. 25 of 317 National City Public Library Invoice # 0-6 4?-1 REQUIRED BUDGET MODIFICATION FORM: As mentioned in your award letter, the Adult Literacy Services award amount is $694 higher than your original projected award. Due to this difference, we are asking all programs to complete a Budget Mvlodification Form to be submitted along with the Claim Form. The Budget Modification Form showing the plan for the entire award must be completed and approved before your claim form can be processed. Below is the Budget Modification Form pre -populated with your current approved budget and the justification for the changes. Please identify in thecentral column titled "Proposed Modifications" what category(ies) the additional funding will be spent in. 26 of 317 DocuSign Envelope ID: 6F1QBEED-O8FB-4 1, -A99F- 34C5311316 1. Grantee: Notional City Public Library Fiscal Year: 2021-2022 Modification number: 1 2. Financial Section: California Library Literacy Services Budget Modification tion Form Budget Categories (a) Salaries/Wages/Benefits (b) Contract Staff ADULT LITERACY SERVICES (CLLS) Current Budget $10,000 Proposed Modifications Revised Budget $0 so so $10r000 FAMILY LITERACY SERVICES (CLLS) Current Proposed Revised Budget Modifications Budget so so (c) Operations (d) Library Literacy Materials $30,296 $2,500 $694 so $30,990 $2,500 so so so CLLS YEARLY TOTAL $1 o, 000 $0 $30,990 $2,500 (e) Small Equipment (f) Equipment ($5,000 or more per unify (g) Indirect Cost To to so so so so so $0 so so so $o so so so so so $42,796 $694 $43,490 $0 $43,490 Justification for modification: The Adult Literacy Services award amount my jurisdiction was given was S694 over the projected award amount used in my application. This modification form is showing how je intend to use the additional funding and provides a budget for our total award. Signatures: Project Coordinator: Mikki Viciamo Phone: Director Name: Joyce Ryon Phone: Director Signature: Date: Grant Monitor Signature: Date: Email: mil ki.vidamo4 4nationalcitylibr rry.org Email: jryanLiTnationolcityco.org ❑ Approved — Not Approved Upon approval, the above requested Grant Award Budget modification constitutes an official amendment to the Consolidated Application Notification of Grant Award. All amendments must remain ca part of call existing copies of the consolidated Application Notification of Grant Award document. NOTE: Grant Award! Budget Modification Form MUST be submitted for approval at least 30 days prior to the project end date. The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, authorizing the City Manager to amend the agreement between the City of National City ("City") and ICF Center for Cross Border Philanthropy D.B.A. Olivewood Gardens and Learning Center for the maintenance and operation of a community garden ("operator") and exercising a first option to extend the agreement for a 24 month period from November 16, 2021 to November 15, 2023. Please scroll down to view the backup material. 28 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, California, authorizing the City Manager to amend the agreement between the City of National City " it " and ICF Center for Cross Border Philanthropy D.B.A. Olivewood Gardens and Learning Center for the maintenance and operation of a community garden ('operator") and exercising a first option to extend the agreement for a 24 month period from November 16, 2021 to November 15, 2023. PREPARED BY: Elyana Delgado DEPARTMENT: Li ary & 970. munity Services PHONE: 1 g-33-42 APPROVED B:, EXPLANATION: On August 4, 2020, City Council entered into a Maintenance and Operating Agreement (Agreement) with OlivewoodGardens & Learning Center to operate the Paradise Creek Community Garden to benefit the well-being of National City residents, for a terra of one year with the option to extend up to two additional two year terms. Additionally, the terra of the Agreement was effective when the Land Use Covenant was recorded on November 16, 2020. Proposed amendments to the Agreement are as follows: 1. Extend the term of the Agreement to November 16, 2021 through November 15, 2023. 2. Amend the hours of operation to a minimum of 10 hours on Saturdays and Sundays and 8 hours Monday through Friday. 3. Amend the reporting requirements to every 6 months. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: No Fiscal Impact — there is no fiscal impact associated with the report. FINANCE MIS ENVIRONMENTAL REVIEW: No CEQA Exemption - This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION TION FINAL ADOPTION STAFF RECOMMENDATION: Resolution of the City Council of the City of National City authorizing the City Manager to execute an Amendment to the Maintenance and Operating Agreement between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardens & Learning Center. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amendment and Insurance 2. Maintenance Operating Agreement 3. Resolution 29 of 317 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ICF CENTER FOR CROSS BORDER PHILANTROPY, D.B.A. OLIVEWOOD GARDENS LEARNING ENTER THIS 1st AMENDMENT TO THE AGREEMENT is entered into this 16th day of November, ber, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ICF CENTER FOR R SS BORDER DER PHILANTROPY, a California non- profit corporation, D.E.A. OLIVEWOOD D GARDENS & LEARNING CENTER (the "OPERATOR"). R"). RECITALS WHEREAS, the CITY and the OPERATOR entered into an Agreement on August 4, 2020 the Agreement"), wherein the OPERATOR agreed to maintain and operate a Community Garden for the community's benefit at a Community Garden located within Paradise Creek Educational Park in National City, California; and WHEREAS, , Article 1.1, Term, establishes the Agreement shall be effective once the agreement has been executed with signatures and the Land Use Covenant has been recorded (the "Commencement Date") and the term of the agreement shall be for twelve (12) months from the Commencement Date; and WHEREAS, the Land Use Covenant was recorded on November 16, 2020 (the "Commencement Date"; and WHEREAS, Article 1., Option to Extend Term, establishes the City Manager or designee and OPERATOR may extend the Term for two additional twenty-four (24) month periods; and WHEREAS, the parties desire to enter into .this First (I) Amendment ent to the Agreement: to clarify the initial term of the Agreement; to exercise a 24 month option to extend the Agreement from November 16, 2021 through November 15, 2023; to amend the Hours of Operation; and to amend the reporting requirements of the initial Agreement. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. Term. The City and OPERATOR hereby agree to amend Article 1.1 of the Agreement to clarify that the initial term of the Agreement will run from the Amended Agreement Page 1 of 3 City ofNational City and Revised October 2021 ICF Center for Cross -Border Philanthropy d. b.a. Oli e ood Gardens & Learning Center 30 of 317 IN WITNESS WHEREOF, the parties hereto have executed this 1st Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: By: ICF CENTER FOR CROSS BORDER PHILANTROPly, D.BIA• OLIVEWOOD GARDENS & LEARNING CENTER (Corporat/on — signatures of two corporate officers required) (Partnership or Sole proprietorship one signature) By: (Nam e) VA-#43P) (Frin t) tiktcolvt DhLaivet--= Gabriela Torres (Title) Deputy City Attorney By: (Name) 511'54-141 \Et3 (Prin t) 7),12LCES (Title) Amended Agreement Pa e 3 of Revised October 2021 City ofNational City and ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 31 of 317 RESOLUTION NO. 2020 - 143 RISOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE AND OPERATING AGREEMENT FOR A COMMUNITY GARDEN AT PARADISE CREEK PARK BETWEEN THE CITY OF NATIONAL CITY AND ICF CENTER FOR CROSS BORDER PHILANTHROPY, D.B.A. OLIVEWOOD GARDENS AND LEARNING CENTER, TO OPERATE A COMMUNITY GARDEN TO BENEFIT THE WELL-BEING OF NATIONAL CITY RESIDENTS, LOCATED ON THE NORTHERN HALF OF PARADISE CREEK PARK, FOR A TERM OF ONE YEAR WITH THE OPTION TO EXTEND UP TO TWO (2) ADDITIONAL TWO YEAR TERMS WHEREAS, the City of National City and Community HousirigWorks ("CHW")share an interest in promoting the initiation and sustainability of community garden at Paradise Creek Park; and WHEREAS, CHW's role springs from its commitment to housing as a platform for the future success of CHW residents, who live in the Paradise Creek Apartments affordable housing community just across from the Paradise Creek Park site; and WHEREAS, the funding of $40,000, through CHW, will be available on an annual basis to support the operations of the community garden so that residents can Learn to grow and use fresh produce; and WHEREAS, during the September 17, 2019, City Council Meeting CHW announced its intention to conduct an Request for Proposal ("RFP") process for the operation of a community garden located on the northern half of Paradise Creek Park; and WHEREAS, the RFP was issued on September 25, 2019, and responses were due October 31, 2019; and WHEREAS, CHW received two (2) proposals, one from Mongol Tribe and the other a joint proposal from Olivewood Gardens and Learning Center, Mundo Gardens, and Paradise Creek Educational Park; and WHEREAS, CHW verified the selection of the Olivewood Gardens and Learning Center, Mundo Gardens, and Paradise Creek Educational Park proposal; and WHEREAS, City Staff recommends executing a a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Park between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardensand Learning Center, 32 of 317 Resolution No. 2020 - 143 Page Two NOW, THEREFORE, BE IT RESOLVED EI that the City Council of the City of National City hereby authorizes the Mayor to execute a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Park between the City of National City and ICF Center for Cross Border Philanthropy, D.B.A. Olivewood Gardens and Learning Center, to operate a community garden to benefit the well-being of National city residents, located on the northern half of Paradise Creek Park, for a term of one 1 year with the option to extend up to two additional two year terms. PASSED nd ADOPTED this 4th day of August, 2020. Alejandra otelo-Solis, Mayor ror ATTEST: Michael Dalla, City CI,k APPROVEDAS TO FM: 33 of 317 Passed and adopted by the Council of the City of National City, California, on August 4, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Quintero, Rios, Sotelo-Solis. Nays: Councilmember Morrison. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS BY: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-14 of the City of National City, California, passed and adopted by the Council of said City on August 4, 2020. City Clerk of the City of tional City, California By: Deputy 34 of 317 1VIAINTENANCE AND OPERATING AGREEMENT FOR A COMMUNITY GARDEN AT PARADISE CREEK EDUCATIONAL PARK by and between CITY OF NATIONAL CITY and ICF CENTER FOR CROSS BORDER PHILANTROPY, D.B.A. OLIVEWOOD GARDENS & LEARNING CENTER Dated as of August 4, 2020 35 of 317 SECTION HEADING Recitals ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 1 Q ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 TABLE OF CONTENTS Terms of Agreement The Premises Permitted Uses Utilities Rep air s and Maintenance Improvements; Alterations Mechanics' Liens; Stop Notices Taxes Indemnifications and Insurance Termination Hazardous Materials Assignment Defaults by OPERATOR or by City; Remedies ie Abandonment Damage or Destruction Eminent Domain Sale or Mortgage by City City's Right of Access Notices Nondiscrimination Records, Accounts, and Audits Administrative Provisions PAGE 1 2 2 3 5 5 6 7 8 8 12 12 14 14 15 15 16 17 17 17 18 18 19 36 of 317 MAINTENANCE AND OPERATING AGREEMENT FOR A COMMUNITY GARDEN AT PARADISE CREEK EDUCATIONAL PARK BY AND BETWEEN THE CITY OF NATIONAL CITY AND ICF CENTER FOR CROSS BORDER. P ILA T .OP , . OLIY W OD GARDENS & LEARNING CENTER This Maintenance and Operating Agreement for a Community Garden "Community Garden") at Paradise Creek Educational Park (the "Agreement") is entered into as of August 4, 2020 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ICF Center for Cross -Border Philanthropy a California non-profit corporation,d.b.a. Olivewood ewood Gardens & Learning Center ("OPERATOR"). RECITALS A. WHEREAS, the CITY owns the real property commonly known as Paradise Creek Educational Park located in National City, California. B. The CITY desires to increase the production and distribution of locally grown food within the community, as a means to improve access to healthy food and the quality of life for National City residents, consistent with the National City General Plan. C. OPERATOR seeks to develop a Community Garden in National City and increase the production and distribution of locally grown food to benefit the well-being of National City residents. D. The CITY has determined that OPERATOR is a qualified, non-profit experienced in empowering students and families from diverse backgrounds to be healthy and active citizens through organic gardening, environmental stewardship, and nutrition education. E. The CITY has identified a site for a Community Garden located within Paradise Creek Educational Park. The CITY desires to maximize public access and enhance recreational opportunities within Paradise Creek Educational Park; the development of a community garden provides an optimal use of the site and increases public access and recreational opportunities. F. The CITY finds that the development of a community garden at Paradise Creek Educational Park enhances the public's pleasure and enjoyment of the park and OPERATOR agrees not to exclude members of the public. G. The CITY wishes to have OPERATOR maintain and operate a Community Garden for the community's benefit, located on a portion of Paradise Creek Educational Park as the described in Exhibit A (collectively, the "Premises"). Maintenance & Operating Agreement Page 1 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 37 of 317 NOW, THEREFORE, in consideration of the foregoing facts, and in consideration of the promises and covenants hereinafter set forth, the parties agree as follows: ARTICLE 1 TERM OF AGREEMENT 1,1 Term. The Agreement shall be effective once the agreement has been executed with signatures and the Land Use Covenant has been recorded (the "Commencement Date"). The term of the agreement shall be for twelve (12) months from the Commencement Date. 1.2 Option to Extend Term. If OPERATOR is not in default of any provision of this Agreement upon the expiration of the term described in Article I . I , the City Manager or designee and OPERATOR may extend the Term for up to two additional twenty-four (24) month periods. The initial terra, and any extension pursuant to this Article I . , shall collectively be referred to hereafter as "Term." ARTICLE THE PREMISES ,1 License for Use of Premises. For the purpose of operating the public center for the benefit of the residents and visitors of National City, the CITY grants OPERATOR a revocable license to enter and operate the Premises, subject to the covenants and conditions hereinafter set forth, as of the Commencement Date. , I.1 Parking. OPERATOR shall neither have reserved parking nor exclusive on -site parking. 2.2 r Premises ,nd Improvements. The rights and obligations of the parties regarding the ownership of personal property and improvements on the Premises shall be as follows: . . I Ownership of Personal Premises. All improvements existing on the Premises (Jmprovemcnts), together with all fixtures permanently attached to the Premises (Fixtures), as of the Commencement Date shall remain the property of the CITY during the Tenn. OPERATOR shall not remove any Improvements or Fixtures from the Premises and shall also not waste, destroy, or modify any Improvements or Fixtures on the Premises, except as permitted by this Agreement. 2.2,2 Ownership of Improvements and Equipment, All improvements made to the property by OPERATOR shall become the property of the CITY. This includes, but is not limited to, any greenhouse, shed, entrance arbor, kiosk, windmill/water tower, outdoor kitchen, irrigation, raised beds, composting area, fruit trees, or established produce OPERATOR may install at the Premises, All equipment, Maintenance Operating Agreement Page 2 of 27 August 4, 2020 City of National City and ICF Center for Cross -Bolder Philanthropy d.b.a. Olivewood Gardens & Learning Center 38 of 317 tools, and gardening supplies brought to the Premises by the OPERATOR shall remain property of OPERATOR. . ARTICLE 3 PERMITTED USE 3.1 Purpose. The purpose of this Agreement is to create a collaborative project where children, parents, and residents will share the maintenance and products of the garden located on the Premises, including healthy fresh fruits and vegetables. The purpose of this Agreement is also to benefit the National City community. "Benefit", as described in the Recitals, and in this Article 3, means providing programming and services that: a improve the health and quality of life ofNational City residents; (b) provide National City residents access to fresh or organic healthy foods; e foster community interaction through the cultivation of fresh food; and (d) offer educational opportunities through teaching the importance of environmental sustainability. 3.2 Programs. OPERATOR will operate the Premises by providing for and facilitating proposed programs covering a variety of topics, some of which may include basic gardening, composting, food production, food supply chain, vermicultum, permaculture, farm -to -table, and water conservation. ,2,1 Gardeninerinciples and Practices. OPERATOR will follow earth - friendly principles and practices by selecting appropriate plants, nurturing the soil, practicing responsible pest management, protecting wildlife, conserving water, protecting water quality, conserving energy, protecting air quality, reducing waste and growing food. OPERATOR may use Organic Materials Review Institute listed herbicides and insecticides as part of an integrated pest management program developed by OPERATOR. 3.2.2 Good Faith Meet and Confer. By written notice referring to this Article, either party may inform the other of any dispute or action perceived to conflict with the tens of this Agreement ("Dispute"). Upon receipt of such a notice, the other party shall respond in writing within ten (10) business days. The parties shall cooperate by providing information and answering questions to facilitate an informed discussion to resolve the Dispute. Such cooperation may involve a site visit by representatives of both parties to inspect the Premises. If the parties are unable to agree between themselves on a resolution within business days of the responding party's written response to any notice, resolution of such Dispute shall then proceed pursuant to Article 13. 3.3 Hours of Operation. OPERATOR will open the Premises to the public on Saturdays and Sundays from 8:00 am to sunset so the public may enjoy the Premises and assist with minor gardening or interact with onsite volunteers. The Premises shall be open to the public Monday through Friday by appointment or for scheduled programs. No member of the public shall be denied entry to the Premises for any discriminatory basis described in Article 20. Maintenance Operating Agreement Page 3 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 39 of 317 3.4 Service Pees. OPERATOR shall not provide any programs and services for profit. However, OPERATOR may charge user fees for classes and programs offered to school groups and the community to offset costs incurred by OPERATOR in its maintenance and operation of the Premises. Any fees charged under this Article 3.4 must be approved by the City Manager or designee. The public shall pay no fee to gain access to the Premises Saturday through Sunday during hours of operation. 3,5 Reporting by OPERATOR, OPERATOR shall provide quarterly reports to the City Manager recording the total number of (a) National City residents, participants, and Volunteers that participate in OPERATOR events; (b) events and programs coordinated; and (c) capital projects completed. These quarterly reports shall also explain any of OPERATOR' s operating and maintenance plans and any other pertinent statistics regardingOPERATOR' s use of the Premises. Upon reasonable notice by the City Manager, or designee, OPEPATOR may be required to present all information required by this Article 3.5 at a meeting of the City Council. 3.6 Annual Budget. OPERATOR shall provide the CITY with a proposed budget for OPERATOR' s estimated maintenance and operating expenses for the Premises by July 1st of each year during the Term. OPERATOR shall provide to the CITY an accounting of actual expenses, revenues and grants received for operation of the Premises, forty-five (45) days following June 30 of each year during the Term. 3.7 Volunteer Management. OPERATOR may utilize volunteers to operate the Premises, and in providing the projects and services required by this Agreement. OPERATOR is responsible for recruiting, training, and managing all volunteers on the Premises. Volunteers are considered the responsibility of OPERATOR for the purpose of workers compensation and general liability. 3.8 Alcohol Use. OPERATOR, or third parties with permission from OPERATOR, may not hold events on the Premises where alcoholicbeverages are served. Alcoholic beverages are not allowed on the Premises. 3.9 Compliance with Laws. OPERATOR, at its sole expense, shall procure, maintain, and hold available for the CITY'S inspection any governmental license or permit required for the proper and lawful conduct of OPERATOR' s operation of the Premises. OPERATOR shall not use the Premises for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations, orders, or requirements of the State of California, the County of San Diego, the CITY, or of other lawful regulatory. authorities. OPERATOR shall, at its pole expense, comply with all applicable statutes, laws, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the Term (Laws or Orders), regulating the use by OPERATOR of the Premises. 3.9.1 Compliance with Regulatory Agency Directives. OPERATOR shall not disturb the soil cap located above rernediated soil at the Premises. OPERATOR shall Maintenance & Operating Agreement Page 4 of 27 City of National City and. August 4 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 40 of 317 comply with any regulatory agency's directives or restrictions regarding the soil cap. OPERATOR. shall also comply with any conditions imposed on the Premises through a recorded Land Use Covenant, which will be incorporated into this agreement once received. The City may terminate this Agreement if: (a) violates any provision referenced in Article .10.1; (1,) the State of California or my other governmental agency does not allow the Premises to be used as a community garden. 3.9.2 There are various restrictions on the Premises that include, but are not limited to, conveyance of the property, soil management, prohibited activities, and land - use. The OPERATOR must comply with the restrictions and limitations in Exhibit B. 3.9.3 E A Compliance. The Department of Toxic Substances Control is in the process of completing a CEQA review for the new improvements made to the Paradise Creek Educational Park which include the developrnent of the Community Garden. In the event that DTSC does not approve the use of the Community Garden, the City may terminate this Agreement. ..4 Cannabis Cultivation Prohibited. Notwithstanding any other provision in this Agreement, or in this Article 3.10, OPERATOR shall neither: (a) cultivate; (b) allow the cultivation of; sell; nor 4 allow the sale of cannabis at the Premises. ARTICLE UTILITIES 4.1 Utility Services, The CITY shall pay for electricity, water, and trash services at the Premises, If the CITY determines, in its sole discretion, that OPERATOR is negligent in its use of the utilities, CITY may hold a good faith meet and confer meeting with OPERATOR to discuss its utilities usage. ARTICLE REPAIRS; S; MAINTENANCE 5.1 P P ATOI ' s Repair and Maintenance OM i ation s . OPERATOR acknowledges that it has made a thorough inspection of the Premises and that it accepts the Premises "as -is" as of the construction completion date. At OP ATOR's own cost and expense, OPERATOR shall repair, replace, and maintain the Premises in good, tenable condition as necessary. OPERATOR shall maintain the Premises in an accessible manner for use by individuals with disabilities and comply with federal and state law regarding accessibility, including but not limited to the Americans with Disabilities Act and California's Disabled Persons Act. Other than repair work in emergency situations not exceeding Three Thousand and no/100 Dollars ($3,000), OPERATOR R shall not perform any repair work without the ITY's prior written consent. As used in this Article 5,1, "emergency" means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. All emergency repairs performed by the City on the Premises are governed by Public Contract Code Section 22050. OPERATOR's obligations under Maintenance & Operating Agreement Page 5 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewoocl Gardens & Learning Center 41 of 317 this Article shall apply regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital, the fault or not the fault of OPERATOR, its agents, employees, volunteers, invitees, visitors, or contractors. All replacements made by the OPERATOR shall be of like size, kind, and quality to the items replaced. 5.2 CITY Repair and Maintenance obligations. For any repair and maintenance work exceeding Three Thousand and no/100 Dollars , 0 , the CITY will consider the nature and priority of the work and available funding to determine whether the CITY may pay for such repairs. However, the CITY is under no obligation to replace any equipment the CITY purchases or installs after such equipment exceeds its useful life. The CITY may also provide mulch from its surplus one I to two times per year; however, the amount and type will be determined by the CITY based on availability. 5.3 CITY Right to Inspect; CITY Not Obligated to Repair or Maintain. OPERATOR shall permit the CITY to enter the Premises at all times during usual hours of operation, or othehours in case of an emergency, to inspect the Premises. Any entry pursuant to this Article 5.3 shall not wareasonably interfere with OPERATOR's operation of the Premises. However, nothing contained in this Article 5 shall create any duty on the part of the. CITY to do any work which, under any provision of this Agreement, OPERATOR may be required to do. ARTICLE IMPROVEMENTS; ALTERATIONS 6.1 Improvements by OPERATOR. OPERATOR shall be responsible for all aspects of planting and supplying materials for the Premises which may include, for example: premium soil, potted fruit trees, seeds, seedlings, fertilizers, tools, irrigation supplies, and greenhouse supplies. Any improvements made by OPERATOR shall be accessible for use by individuals with disabilities and comply with federal and state law regarding accessibility, including but not limited to the Americans with Disabilities Act and California's Disabled Persons Act. OPERATOR will secure funding through grants and other means to fund improvements to the Premises. 6.2 improvements by CITY. The CITY may undertake certain improvements at the Premises, in this Article 6,2. The CITY's 's ability to undertake any improvements is dependent upon its armuall-approved budget, as well as the annually -approved capital improvement progratn. The CITY, at its sole discretion, may undertake those improvements described in this Article 6.2 at the CITY'CITY's own cost and expense. No representations, warranties, or assurances are made that funding will exist for the following capital improvement projects: 6.3 .lteraions. OPERATOR may alter, replace, add to, change, or construct additional improvements to the Premises (collectively, "Alterations") as OPERATOR may find necessary or convenient for its operation of the Premises. Any Alterations performed by OPERATOR under this Article 6.3 shall be performed; (a) at OPERATOR's sole cost Maintenance & Operating Agreement Page 6 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 42 of 317 and expense; (b) with the CITY's prior written consent; and (c) in accordance with construction plans submitted to and approved by the CITY. 6.4 onstru do __Permits and Licenses. At all times during the Term, OPERATOR shall procure, at its sole cost and expense, all permits and licenses that are necessary or required from any local governmental agency for the proposed construction of any Alterations. The CITY may, in its sole discretion, waive CITY permitting fees where applicable. 6,5 Proposed Plan.. In its sole discretion, the CITY may require OPERATOR to do any of the following: . .1 Submit a complete set of proposed plans of any Alterations to the CITY; , .2 Apply for and receive a perrrrit from the Building Department to complete any Alterations; 6,5,3 Within sixty days of a written request, furnish the CITY with a complete set of "as -built" plans for any CITY -approved Alterations. 6.6 Prevailing Wages. OPERATOR shall comply with prevailing wage statutes for any work not performed by volunteers. ARTICLE 7 MECHANICS' LIENS; STOP NOTICES 7.1 Mechanics' Liens; Stop Notices. OPERATOR R shall pay, or cause to be paid, the total cost and expense of all works of improvement, as that phrase is defined in the Mechanics Lien Law in effect at time and place of construction, done by it, or caused to be done by it, on the Premises, and for all materials furnished for or in connection with any such work. If any lien or stop notice is filed against the Premises, OPERATOR shall cause the lien or stop notice to be discharged of record within one hundred eighty (180) days after it is filed. OPERATOR shall indemnify, defend, and bold the CITY harmless from any and all liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers, materialmen, or others for work performed, or materials or supplies furnished for OPERATOR. or persons claiming under OPERATOR. 7,2 Notice of Lien or Stop Notice. Should any claim of lien or stop notice related to OPERATOR's work of improvement of the Premises be filed against the Premises, or any action be filed against the Premises, or any action affecting the title to the Premises be commenced, the party receiving notice of such lien or stop notice or action shall immediately give the other party written notice thereof. 7.3 Notice of Non -Responsibility. The CITY or its representatives shall have the right to post and keep posted on the Premises notices of Non -Responsibility or such other notices which the CITY may deem to be proper for the protection of the One's interest in the Maintenance & Operating Agreement Page 7 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 43 of 317 Premises. OPERATOR shall, before the commencement of any work which night result in any such lien or stop notice, give to the CITY written notice of its intention to do so with sufficient time to enable posting of such notices. ARTICLE TAXES 8.1 Definition. "Taxes" shall mean all taxes, governmental bonds, special assessments, charges, or transfer taxes, license and transaction fees, including, but not limited to, (a) any state, local, federal income tax, or any real or personal property tax, (b) increases in taxes attributable to OPERATOR's operation of the Premises, or (c) any taxes which are essentially payments to a governmental agency, other than the CITY, for the right to make improvements to the Premises. 8.2 Possessory Interest. Notwithstanding Article 2.1, OPERATOR acknowledges that this Agreement may create a possessory interest subject .to property taxation and that OPERATOR may be subject to the payment of taxes levied on such interest OPERATOR shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon the Premises. 8.3 Responsibility for Payment of Taxes. The CITY shall not be obligated to pay any Taxes accruing against any interest in OPERATOR's use of the Premises at any time before and during the Term. OPERATOR shall pay any Taxes that accrue against any interest in their use of the Premises. Additionally, OPERATOR shall pay any Taxes levied upon any Improvements, Fixtures, or Personal Premises located on the Premises to the extent such Taxes result from OPERATOR's operations or other activities held upon, or in connection with, the Premises. ARTICLE INDEMNIFICATION AND INSURANCE 9.1 OPERATOR Indemnity. The CITY shall not be liable for, and OPERATOR shall defend, indemnify, and hold harmless the CITY, its officers, officials, agents, employees, and volunteers from any and all claims, costs, liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims resulting from, related to, or arising out of OPERATOR's improvement, ement, operation or use of the Premises, or arising either directly or indirectly from any act, error, omission, or negligence of OPERATOR or its contractors, licensees, invitees, members, agents, servants or employees; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, officials, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and OPERATOR shall employ competent counsel, reasonably acceptable to the City Attorney. Maintenance & Operating Agreement Page 8 of 27 City of National City and August 4, 2020 ICF Center forCross-Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 44 of 317 The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. .1.1 Third Party Indemnity. OPERATOR shall not invite third party organizations onto the Premises until said third party organization furnishes CITY a written agreement in which it indemnifies and holds CITY harmless, upon terms satisfactory to CITY. 9.1.2 Waivers from Third Parties. OPERATOR agrees to obtain from all guests, invitees, or third party organizations whose participants visit the Premises, a waiver of liability and hold harmless agreement upon terms satisfactory to the CITE'. 9.1.3 Immunity. Consistent with Civil Code section 846.2, no cause of action shall arise against the CITY for injuries to any person who has been expressly invited onto the Premises to &an agricultural or farm products for charitable purposes, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of OPERATOR, in which case OPERATOR expressly indemnifies the CITY pursuant to this Article 9. The immunity provided by this section does not apply if the owner, tenant, or lessee received any consideration for permitting the gleaning activity. 9.2 Employee Payments s & Indemnification. 9.2.1 OPERATOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under the California Public Employees Retirement System ("PERS"); be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; receive any employer contributions paid by CITY for PERS benefits; or be entitled to any other PERS-related benefit that would accrue to a CITY employee. OPE AT I 's employees hereby waive any claims to benefits or compensation described in this Article 9.2. This Article 9.2 applies to OPERATOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 9.2.2 PERS Eligibility Indemnification. If PIAT's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or PERS to be eligible for enrollment in PERS of the CITY, OPERATOR A.T shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. 9.2.3 Limitation of CITY Liability. The parent made to OPERATOR under this Agreement shall be the full and complete compensation to which OPERATOR Maintenance & Operating Agreement Page 9 of 27 City of National City and August 4, 2020 I F Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Lung Center 45 of 317 and PRATR.'s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither OPERATOR nor OPERATOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of OPERATOR. The CITY shall not be required to pay any workers' c omp en s ation insurance on behalf of OPETUTOR. . .4 Indemnification for Employee Payments. OPERATOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PR, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) OPERATOR, any employee of OPERATOR, or any employee of OPERATOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 9.3 Insurance. OPERATOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, and third -party organizations OPERATOR invites onto the Premises, to purchase and maintain throughout the Term, the following insurance policies: 9.3.1 Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location." The Commercial General Liability required by this Article, and any other excess policy OPERATOR procures in connection with this Article, must include Sexual Misconduct Liability coverage as well as pesticide or herbicide applicator limited pollution coverage . 9.3.2 Automobile Insurance covering all bodily injury and property damage incurred dwing the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. 9.3.3 Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of +CPRATT's employees, and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. Maintenance & Operating Agreement Page 10 of 27 City of National City and August 4, 2020 I P Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 46 of 317 ..4 If OPERATOR has no employees subject to the California Workers' Compensation and Labor laws, OPERATOR shall execute a Declaration to that effect. The form of said Declaration shall be provided to OPERATOR by the CITY. 9.3.5 The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty days prior written notice to the CITY's Risk Manager, at the address listed in Article 9.2.7 below, of cancellation or material change. 9.3,6 If required insurance coverage is provided on a "claims made" rather than "occurrence" form, OPERATOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 9.3.7 The Certificate Holder for all policies of insurance required by this Article 9.3 shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA91950-4397 9.3.8 Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A: VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers " AS I" and otherwise meet rating requirements. 9.3.9 This Agreement shall not take effect until certificates or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If OPERATOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 9.3,10 All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Article 9.2, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circun.stances. CITY shall provide (60) days' notice for OPERATOR to meet any modified insurance requirements. Maintenance & Operating Agreement Page 11 of 27 August 4, 2020 City national City and ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 47 of 317 10.1 . .11 If OPERATOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by OPERATOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. ARTICLE 10 TERMINATION This Agreement may be terminated with or without cause by the CITY. Terrmination without cause shall be effective only upon o-da 's •written notice to OPERATOR. During this. 0-day period, OPERATOR shall perform all services in accordance with this Agreement. This Agreement may also be terminated immediately by the CITY, for cause, if OPERATOR materially breathes this Agreement, misrepresents information regarding the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. Termination with or without cause shall be effected by delivery of written Notice of Termination to OPERATOR as provided for in this Agreement. The CITY further reserves the right to immediately terminate this Agreement upon: (a) the filing of a petition in bankmptcy affecting OPERATOR; (b) a reorganization of OPERATOR for the benefit of creditors; or (c) a business reorganization, change in business name or change in business status of OPERATOR. ARTICLE 11 HAZARDOUS MATERIALS Hazardous Materials Laws; Definition. inition. As used in this Article, the term "Hazardous Materials' Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called "common law") relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under, or about the Premises, soil and ground water conditions, or other similar substances or conditions. The fallowing legal authority is a non -exhaustive list ofthe legal authority that applies to the definition ofthe term "Hazardous Materials Laws": • The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended U.S.C., Section 9601 et seq.) • The Hazardous Materials Transportation Act, as amended (49 U.S.C., Section 1801 et seq.), and • The Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C., Section 6901 et seq.) 11.2 Hazardous Materials - Definition. As used in this Article the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: Maintenance & Operating Agreement Page 12 of 27 City of National City and August 4, 2020 1 F Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 48 of 317 11, ,1 is a flammable, explosive, asbestos, radioactive nuclei., medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; 11.2,2 is controlled, referred to, designated in or governed by any Hazardous Materials Laws; 11.2.3 gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws, or; 11.2,4 is any other material or substance giving rise to any liability, responsibility or duty upon the CITY or the OPERATOR with respect to any third person under any Hazardous Materials Law. 11.3 OPERATOR Representations and Warranties. OPERATOR represents and warrants that, during the Term or any extension thereof, OPERATOR shall comply with the following provisions of this Article unless otherwise specifically approved in writing by the CITY, subject to the terms and conditions of the tPRATR.'s maintenance obligations provided elsewhere in this Agreement: 11, 3.1 OPERATOR shall not cause or permit any hazardous Materials to be brought, kept or used in or about the Premises by OPERATOR, its agents, employees, assigns, contractors or invitees, except as required by OPERATOR's permitted use of the Premises in the normal course of operations; 11.3.2 Any handling, transportation, storage, treatment, or usage by OPERATOR of Hazardous Materials that is to occur on the Premises following the Commencement Date shall be in compliance with all applicable Hazardous Materials Laws; 11.3.3 Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials which may occur on the Premises following the Commencement Date shall be promptly and thoroughly cleaned and removed from the Premises by OPERATOR at its sole expense, and any such discharge shall be promptly reported in writing to the CITY, and to any other appropriate governmental regulatory authorities; 11.14 No_friable asbestos shall be constructed, placed on, deposited, stored, disposed of, orlocated by OPERATOR on the Premises; 11.3.5 To underground improvements, including but not limited to treatment or storage tanks, or water, gas or oil wells shall be located by OPERATOR on the Premises without the CITY's prior written consent; Maintenance & Operating Agreement Page 13 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 49 of 317 12.1 11.3.6 OPERATOR shall promptly supply the CITY with copies of all notices, reports, correspondence, and submissions made by OPERATOR to the United States Environmental Protection Agency, the United Occupational Safety and Health Administration, and any other local, state or federal authority which requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to applicable Hazardous Materials' Laws; and 11.3.7 OPERATOR shall promptly notify the CITY of any liens threatened or attached against the Premises pursuant to any Hazardous Materials' Law. If such a lien is filed against the Premises, then, within the earlier of i.) twenty (20) day following such filing, or (ii) before any governmental authority commences proceedings to sell the Premises pursuant to the lien, OPERATOR shall either: (a) pay the claim. and remove the lien from the Premises, or (b) furnish either: (1) a bond or cash deposit reasonably satisfactory to the CITY in an amount not less than the claim from which the lien arises, or; other security satisfactory to the CITY in an amount not less than that which is sufficient to discharge the claim from which the lien arises. 11.3.8 At the end of this Agreement, OPERATOR shall surrender the Premises to the CITY free of any and all Hazardous Materials and in compliance with all Hazardous Materials' Laws affecting the Premises. ARTICLE 12 ASSIGNMENT Assignment; CITY's Consent Required. OPERATOR shall not voluntarily or in olunta fly assign or otherwise transfer all or any portion of its rights and duties under this Agreement without the City Manager's's prior written consent. For example, the City Manager must consent to any third party or parties that OPERATOR wishes to engage in providing special services or programming at the Premises. Any attempted assignment ment or transfer without the City Manager's prior written consent shall be void. ARTICLE 13 DEFAULTS BY OPERATOR OR BY CITY; REMEDIES Events of Default; Remedies. The following sub -articles shall apply if either OPERATOR or the CITY neglects, fails to perform, or fails to observe any of their respective obligations under the terms, covenants, orconditions contained in this Agreement ("Default"): ): Maintenanoe & Operating Agreement August 4, 2020 Page 14 of 27 City of National City and ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 50 of 317 1 .1.1 Thirty -Day Correction of Default. If either OPERATOR RATOR. or the CITY determines that the other party is in Default, then the non -defaulting party must provide the defaulting party written notice of the Default and thirty days to correct the Default. 1 .1.2 Extended Correction of Default. If the defaulting party determines that more than thirty 0 days is required to correct the Default, the defaulting party must provide the other party written notice of the reasons why additional time is required to correct such Default. The defaulting party must use diligent efforts to correct a Default under this Article 13.1.2 and, in any case, must correct such Default within ninety 0 days from the date of the written notice of default. 1 A .3 Remedies for Failure to Correct Default. If the defaulting party fails to comply with Article 13.1.1. or 13.1.2, then the non -defaulting party may r immediately terminate this Agreement. The defaulting party shall be liable to the non -defaulting party for any and all damages sustained by the non -defaulting party as a result of the defaulting parties' breach. ARTICLE 14 ABANDONMENT 14.1 Abandonment, OPERATOR shall not vacate or abandon the Premises at any time during the Term nor permit the Premises to remain unoccupied for a period of longer than five consecutive days during the term of this Agreement. These provisions shall not apply if the Premises is closed and operation is temporarily discontinued therein on account of strikes, lockouts, acts of nature, or similar causes beyond the reasonable control of OPERATOR. Any exceptions must be submitted in writing to the City Manager or designee for approval. 1.1 ARTICLE 15 DAMAGE R DESTRUCTION OPERATOR's Duty to Repair Casualty. OPERATOR shall, as expeditiously as reasonably possible, repair any damages to the Premises caused by fire, earthquake, or any other identifiable event of a sudden, unexpected, or unusual nature ("Casualty"), and repair, restore, and replace any such damaged or destroyed Fixtures, improvements or Personal Premises ("Casualty Repairs"). Any Casualty Repairs made under this Article 15 are: (a) To beperformed at OPERATOR' s sole cost and expense; (b) To be performed except as otherwise provided in this Article 15; and are (c) Subject to all other terms and conditions of this Agreement. 15.2 Construction Provisions. In the event of any reconstruction of the Premises, Fixtures or Improvements required of OPERATOR pursuant to this Article, OPERATOR shall repair Maintenance & Operating Agreement Page 15 of 27 August 4, 2020 City of National City and ICF Center for Cross -Border Philanthropy d..a. Olivewood Gardens & Leg Center 51 of 317 the Premises, and repair or rebuild such Fixtures and Improvements, to substantially the same condition they were in immediately preceding such Casualty. 15.3 No Abatement. In the event of reconstruction, replacement, or repair by OPERATOR. pursuant to this Article, OPERATOR shall continue its operations on the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management, and in continuing compliance with applicable laws and regulations. OPERATOR shall not be entitled to any compensation or damages from CITY for: (a) loss of use of the whole or any part of the Premises; (b) OPERATOR's Personal Property; or (c) any inconvenience or annoyance occasioned by such damage, reconstruction, or replacement. 15.4 Major Destruction. Notwithstanding any of the foregoing provisions of this Article to the contrary, if, at any time after the Commencement Date, (a) the Improvements are damaged or destroyed to the extent of more than twenty-five percent 2 %) of their replacement cost, or (b) the damage is such that the Improvements cannot be repaired and restored within one hundred and eighty (180) days after the Casualty, then OPERATOR shall have the right to terminate this Agreement upon thirty (30) days' prior written notice to the CITY. 16.1 ARTICLE L 16 EMINENT DOMAIN Condemnation. OPERATOR may emanate this Agreement within twenty 2 days after the date that a condemning authority (by a party other than the CITY) takes possession of the Premises by delivery of written notice of such condemnation if: (a) If all of the Premises is taken under eminent domain proceedings; or (b) less than all of the Premises is taken wider such eminent domain proceeding and the part taken substantially impairs the ability of OPERATOR to use the remainder of the Premises for the purposes permitted by this Agreement. In the absence of such written notice from a condemning authority, OPERATOR. may terminate this Agreement within twenty (20) days after the condemning authority shall have taken possession. 16.2 Continuation of Operating Agreement after Condemnation. If this Agreement is not terminated by PRATR, it shall remain in full force and effect as to any portion ofthe Premises remaining, and this Agreement will end as of the date possession of the part taken by the public entity as to the part of the Premises that is taken. 16.3 Award, All monies awarded in any condemnation shall belong to the CITY. The CITY shall have no liability to OPERATOR. for any award not provided by the condemning authority. Maintenance & Operating Agreement Page 16 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 52 of 317 ARTICLE 17 SALE OR MORTGAGE BY CITY Sale or Mortgage. The CITY may, pursuant to existing and subsequently enacted CITY ordinances and State laws, at any time, and without the consent of OPERATOR, vacate, sell, purchase, exchange, transfer, assign, lease, encumber or convey the CRT's interest in whole or in part, in the Premises (collectively referred to in this Article as a "Sale"). The CITY shall provide to OPERATOR written notice of the Cars intent to a Sale or discontinuance pursuant to this Article at least ninety days prior to said proposed transfer. 17.2 Release on Sale. From and after a Sale or di s c onti .uance of the CITY' s entire interest in the Premises, the CITY shall be released from all liability to OPERATOR and OPERATOR successors and assigns arising from this Agreement because of any act, occurrence, or omission of the CITY occurring after such Sale. ARTICLE 18 CITY'S RIGHT OF ACCESS 18.1 Right of Entry. CITY, its agents, employees, and contractors may enter the Premises at any time with or without notice to OPERATOR to: 19.1 (a) respond to health and safety concerns; (b) inspect the Premises and Improvements; (c) determine whether OPERATOR is complying with its obligations in this Agreement (including its obligations with respect to compliance with Hazardous Materials Laws) (d) post notices of non -responsibility or similar notices (e) inspect the progress of construction of any improvement; or 0) make repairs that this Agreement requires or allows CITY to make, or make repairs to any adjoining space or utility services, or make repairs, alterations, or improvements to any other portion of the Premises All work enumerated in Article 18 must be done as promptly as reasonably possible and so as to cause as little interference to OPERATOR as reasonably possible. Personal storage space for volunteers of OPERATOR, the personal effects of OPERATOR volunteers and staff, and the OPERATOR volunteers and staff themselves are not subject to search by the CITY, absent cause. ARTICLE 19 NOTICES Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other, such notice or demand shall be in writing, mailed or personally delivered to the other party at the addresses specified below. Mailed notices shall be sent by United States Postal Maintenance nanrce Operating Agreement Page 17 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy nthro d.b.a. +Brood Gardens & Learning Center 53 of 317 21.1 Service, postage prepaid and shall be deemed to have been given, delivered, and received three (3) business days after the date such notice or other communication is posted by the United States Postal Service. All other such notices or other communications shall be deemed given, delivered, and received upon actual receipt. Either party may, by written notice delivered pursuant to this provision, at any time designate a different address to which notices shall be sent. CITY: City of National City Attention: City Manager 12A3 National City Boulevard National City, CA 91950-4397 With a copy to: OPERATOR: City of National City Attention: Director of Community Services 140 East 12th Street, Suite B National City, CA 91950 Olivewood Gardens & Learning Center Attention: Executive Director 2525 N Avenue National City, CA 91950 ARTICLE NONDISCRIMINATION Nondiscrimination. OPERATOR hereby covenants by and for itself, its successors, assigns and all persons claiming under or through it, that this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, sexual orientation, marital status, national origin, physical handicap, medical condition, ancestry, or any other legally protected category, in the use, operation, or enjoyment of the Premises. ARTICLE 21 RECORDS, ACCOUNTS, AND AUDITS OPERATOR's Duty to Keep Records. OPERATOR shall, at all times during the Term, and for a period of five years following expiration or earlier termination of this Agreement, keep or cause to be kept, trim and complete books, records and accounts of all (a) construction undertaken pursuant to the rights conferred on OPERATOR under Maintenance & Operating Agreement Page 18 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Ofivewood Gardens & Learning Center 54 of 317 21.2 22.1 this Agreement, and (b) financial transactions in the operation of all business activities, of whatever nature, conducted pursuant to the rights granted by this Agreement. Such records shall also include the source and disposition of all trash and other waste collected and disposed of by OPERATOR in the operation of its business. Said records must be supported by source documents such as receipts, invoices, sales slips, cash register tapes, purchase invoices or other pertinent documents. CITY's Right to Audit. All OPERATOR books, accounts, and records shall be kept and made available at one location within the limits of the County of San Diego. The CITY shall have the right at any reasonable time to examine and perform audits of OPERATOR's records pertaining to (a) construction undertaken pursuant to the rights conferred on OPERATOR under this Agreement, and (b) its operations on the Premises, including, without limitation, any records pertaining to OPERATOR's use of utilities on the Premises. The cost of said audits shall be borne by the CITY, except that OPERATOR shall provide to the CITY, at OPERATOR's expense, necessary data to enable the CITY to fully comply with each and every requirement of the State of California or by the United States of America for information or reports relating to this Agreement and to OPERATOR' s use of the Premises. ARTICLE 22 ADMINISTRATIVE PROVISIONS Authority. OPERATOR represents and warrants that it has fill power and authority to execute and fully perform its obligations under this Agreement pursuant to its governing instruments, without the need for any further action, and that the person executing this Agreement on behalf of OPERATOR is the duly designated agent of OPERATOR and is authorized to do so. 22.2 Captions. The captions and headings appearing in this Operating Agreement are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Agreement. 223 CITY Approval. Except where stated in this Agreement to the contrary, the phrases "CITY approval", and "CITY's written approval" or such similar phrases shall paean approval of the City Manager or designee, which approval shall not be unreasonably withheld. 22.4 Cumulative Remedies. In the event of a default under this Agreement, each part's remedies shall be limited to those remedies set forth in this Agreement. Any such remedies are cumulative and not exclusive of any other remedies under this Agreement to which the non -defaulting patty may be entitled. 22.5 Entire Agreement. This Agreement, together with all addenda and exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. Maintenance & Operating Agreement Page 19 of 27 August 4, 2020 City ofNational City and ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 55 of 317 22.6 Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference: Exhibit "A": Proposed Area for Commtmity Garden at Paradise Creek Park Exhibit "B": Garden Limitations 22.7 Force Maj!u. Neither party is prevented or delayed from performing any act or discharging any obligation hereunder, because of any and all causes beyond either parry's reasonable control, including unusual delays in deliveries, abnormally adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, governmental restrictions, regulations or controls, any hostile government actions, acts of terrorism, civil commotion and fire or other casualty, legal actions attacking the validity of this Agreement or the CITY or OPERATOR's operations of the Premises, or any other casualties beyond the reasonable control of either party ("Force aj eure" , performance of such act shall be excused for the period of such delay, and the period for performance of such act shall be extended for a period equivalent to the period of such. delay, Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto. 22.8 Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. 22.9 Independent Contractor. OPERATOR acknowledges that it is an independent contractor; that it alone retains control of the manner of conducting its activities in furtherance of this Agreement; and that it, as well as any persons, contractors or agents it may employ, are not employees of CITY for any purpose. 22.10 Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 22.11 P RAT R's Agreement ent Administration. OPERATOR confirms that OPERATOR's Agreement Administrator has been given full operational responsibility for compliance with the terms of this Agreement. OPERATOR shall provide the CITY with a written schedule of its normal hours of business operation on the Premises, and OPERATOR's 's Agreement Administrator, or a representative designated thereby, shall be available to the CITY during PRAT 's normal business hours, to resolve problems or answer question pertaining to this Agreement and OPERATOR's operations on the Premises. 22,12 Modification. The provisions of this Agreement may not be modified, except by a written amendment signed by both parties. Maintenance & Operating Agreement Page 20 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 56 of 317 22.13 Partial Invalidity. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall note .affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. 22.14 Successors & Assigns. This Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. OPERATOR shall not assign this agreement to any other party unless approved in writing by the CITY. 22.15 Titne of Essence. Time is of the essence of each and every provision of this Agreement. 22.16 Waiver. No provision of this Operating Agreement or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] Maintenance & Operating Agreement Page 21 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 57 of 317 IN WITNESS WHEREOF, the CITY and OPERATOR have duly executed this Agreement as the day and year first above written. CITY OF NATIONAL CITY {CITY} B. Ai j andra of l -Solis, Mayor APPROVED AS TO FORM: B. OLIVEWOOD GARDENS (OPERATOR) • ante) yy {f fh-neici , (Print) f A liniai,f, �trYaili[iy Jl+t71 ,)/Trz (Titre) % ij kefU ones r� `'`� w Fii..S t City Attorney (Print) le (Title) Maintenance & Operating Agreement Page 22 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood. Gardens & Learning Center 58 of 317 EXHIBIT A - Proposed Area for Community Garden at Paradise Creek Park The proposed are for the community garden at Paradise Creek Park will be approximately 9,1 square feet (.21 acres) of open area located on the northern half of Paradise Creek Park. The finished surface material will be decomposed granite, consistent with the Plaza area of the park. Proposed garden amenities include planter beds, a storage shed, other site furnishings and an foot tall galvanized mesh fence along the perimeter. Maintenance & Operating . reem n Page 23 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Oli ewood Gardens & Learning Center 59 of 317 L l£ 10 09 PIVLlca 6y.C`11e Sepfemt r 1 , 2GL4 (1;4Spm €: ,D' :.s ralea#IVrdjecLI CI Pro)ecietpormake Cree4 \Fk CPa-.1.11 Magi. g EHCIJ?EERING DEPARIMEll UTILITY DEPARTMENTS SOME JELEINOK CONSTRUCTION RECORDS SURVEYOR: SAMPO AS-EIUIrT Atvi5101,iS EY ' APPROVED OATS ELEC7111C, MIKE wohio TRAFFIC SIGNALS & UMW. WJ. L1NDA Ei11STARR. OW 636-9216 05E1 654- 8364 DATE 5lART-E INSPECTOR: 8ThCHWAR2E: STANDARD 2.5" BASS DISK STAMPED 220 1677 (12321. LOCATED RI STANDARD MONUMENT WELL IN T1if INTER ECTIaN OF HOOVER AVENUE de 15111 STREET. DAIL AL NGYIIZB ELEVATOR: 1 .3J1' DATE OF SURVEY: NOVEilBER 2014 COX •COMkWKCATIONS, RAtIIllt/. CLEVERS ATAZ SURSTRUICrTURES. FRED KRUSE $KETWATERAVTtIORr1Y, LUIS YALDE7 (619) 266-5439 (els) 574-2810 (619) 4O0-67b1 11 t 4&r + + +' 4 + } # } f + }.. 4 i I"" 0 CROVOCASILE NETWORKS. PETER MLTKORS1CI tofg3P- :046- 14 g p Y -* + • } + #` + + e 4 ir SMLON 1V J NJ0 (E75) 320-0995 r ¥f t i 4 t t . t [FATE CDI,IPLETEDD F u_ • • 1•t-`0 . +* #3( K01TItaNT . CONTROL: 711E BASIS OF BEARINGS r0I1 1HIS stav e 15 111E CALIFORNIA COORDINATE SISTER NAB 03, ZONE 6. POINT 1232 Atilt 3246 AS soon ON ROS 14402, A m t ,- i 2 I : I c y - /191 ifill 1 1 iiiii °! M: iii 111 iii i 1 1 WO 111 „n .A8 I hi i i 1 1 ' r Pli di � i 11111 h •.. " E 61,1 0 i di if iP 6i; 1 - 111 ----- 'E ; '- 0 rn CIP 18-16 - PARADISE E CREEK EDUCATIONAL PARK - BID SET - 3 JUNE 2019 LI-91O 9 Prates ay sea 5t.o4e'nLer 1E. XI ChM: Own E: IIWAY‘poojrteti‘Picyttia\Clr10 Peojet4#\Rortdlae Crer2 ParirN•CDlKAJPCIs_k-au) 5ITC Es lJ dw9 ENGINEERING DEPARTtAlEN7 UTILITY DEPARTMENTS SOCkE IELretI ME CCNISTRUCTiO#,I RECORDS SURVEYOR: SAIPO ASLL$�p,1 CY AFPRW'VED UA.1C ELECTRIC, LiIICE wDHG (650) 636--5716 TRAFFIC S7GHAMS & LIGHTING, UIapA CUSTMO I 0159) 144-15164 DATE STAR1c D: COX COMMW.ICATIONS. RAHIMA. MYERS (619) 76$- 5.4113 REY;ScOIls INSPECTOR: L1t I-tJMTK: A A D 7.5" URAES III5K 57AMPER 2WO 1977 (12.32'). LUCk7EG I STAI.DARO 11,00%+MEt 1 KILL ill TOE 1iERSECTiOR OF HOOVER AVENUE .4 IETH STREET. 4A fl L1= NC 24 ELEVATICEi; 48-34r DAIS ¢F SuRVFY: 1+01/ZEI9ER 2014 I" CI- Z - 0-914 I Aida ROSSTRUCTIJRES. FRED ISRLISE SYTETWAIER AUTACIAITY, Lt IS YAlOC7 CROVfCAST1.E NETWORKS. PETER MATKO'1 SRI Ea a ri :1 • (f r' • II 1 (01 Is74-2610 (619) 469-6751 Jr t DATE COMPLETED.; • ORIZONTAL CONTROL: THE BASIS OF BEARINGS FOR US SajAYEY IS THE CALIFOINiA (430FIDINATE SYSTEM T,IAD 83r 7OIIE 6, POINT N11LS6ER5 1232 AHD 3246 AS SI-101N Crd ROS 1.14112. g • -- r s f . . - ✓ Twa_l .Ir �• +� - . eV" ' -:� t 7- ..••• 'fit J ,J' T J 1,.+ 1r 4• ;-• f: r a ram.. 1 } .Y: + , f may. �++. i\'. ▪ -+ rAl},r•i.. i J r - • • rf ram. ` _ - •. r • ;_, # ;.Oa r • r y• :a: -• 1• i. r - • .. a �. i �t' `• • i • et • • •L CIP 18-16 - PARADISE CREEK EDUCATIONAL PARK - BID SET- 3 JUNE 2019 EXHIBIT B — Garden Limitations As part of the environmental regulatory closure for the Paradise Creek Park (Subject Property), the City has entered a Land Use Covenant (LUC) with the Department of Toxic Substances Control (DTSC). The intent of the LUC is to restrict future land use and or site development activities on the Subject Property that could impact the integrity of the cap or disturb the impacted soil below the cap. In the event that land use activities change or redevelopment activities occur on the Subject Property, the LUC also provides requirements for notifying DTSC in writing of any such changes that could result in any activity that would disturb the ground surface e.g., trenching, excavating, grading, pot holing, etc.). As part of the new park development plans, the City is planning to construct a community garden that would be managed and operated by a third party approved by the City. The proposed community garden is planned to be constructed in the northwestern area of the Subject Proper. The following paragraphs address requirements and limitations associated with building the community garden in compliance with the L. Background Historic environmental studies that have been conducted on the Subject Property and under the authority of the ITC have determined that lead is the primary chemical of concern that could present an unacceptable risk to human health based on residential land use scenario. In consideration that the Subject Property is not being redeveloped for residential purposes, DTSC approved leaving higher concentrations of lead on site and required that the upper three (3) feet of soil be excavated and hauled off -site. DTSC further required that three feet of clean soil be placed above the native soils to serve as a cap to eliminate direct exposure to the lea -impacted soils. Additionally, DTSC required the City to enter a LUC with DTSC that would restrict future reuse activities on the Subject Property. Conditions of the LUC The LUC provides for various restrictions on the property that include conveyance of the property, soil management, prohibited activities, and land -use just to name a few. As the LUC pertains to the construction, operation, maintenance and management of the con unity garden, the following restrictions or limitations should be considered, 1. No activities that will disturb soil deeper than three feet (e.g., excavating, grading, soil removal, trenching, filling, earth movement, or drilling) shall be allowed on the property unless pre -approved by DTSC in writing, 2. Extraction or removal of groundwater is prohibited. 3. Activity that may alter, interfere with, or otherwise affect the impacted soil located below three feet are prohibited unless pre -approved by DTSC in writing. 4. All planting'growing activities must be conducted in a raised planter bed. 5. No plants may be planted directly into the cap or ground surface. 6. No plant with a root system that would penetrate below the bottom of the raised bed may be planted. , Irrigation or watering activities shall be conducted such that these activities do not contribute to erosion to the three feet cap. Drip irrigation is recommended to control runoff and erosion, Maintenance & Operating Agreement Page 24 of 27 City of National City and August 4, 2020 ICF Center for Cross -Border Philanthropy d.b.a. Olivewood Gardens & Learning Center 62 of 317 . The community garden shall be inspected annually by the City verifying compliance with the LUC. The inspection report shall be submitted to DTSC for its approval by January 31 of each year. In the event that any activity that could have the potential of disturbing the impacted soil located below the three feet cap or that could compromise the integrity of the camp must be reported to DISC for pre -approval in writing, Maintenance & Operating Agreement Page August 4, 2020 City of National City and ICF Center for Cross -Border Philanthropy Olivewood Gardens & Learning Center 63 of 317 OLIV AR-01 AC r CERTIFICATE OF LIABILITY INSURANCE BATE (MMiDD Y'YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER, THIS BY THE POLICIES AUTHORIZED . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain --this certificate does not confer rights to the certificate holder in lieu of such endorsement have s ADDITIONAL INSURED provisions or be endorsed. policies may require an endorsement. A statement on , PRODUCER License # 0625512 Teague Insurance Agency, Inc. grin ., f#400 La Mesa, 9'194 -0 ?5 Raile.CT PHONE (Alc, No, xt): - ', I rig,4700 No):(61 4 11 E-e��arL ADDRESS: Info@t agueinsicom INSURER() AFFORDING COVERAGE NAIC # INSURER A : Nonprofits' Insurance Alliance of California INSURED Olivewood Gardens & Learning Center 2505 N. Avenue National City, CA 91950 INSURER a : Nova Casualty Company 4255 u INSURER C : INSURER D ; -� INSURER E : INSURER F ; COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE ATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS UBJE T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AIVC ADDL INSD SUER WV POLICY NUMBER POLICY EFF (MI�+UDD[YYYYI POLICY EXP (NIMl D/YY'�Y LIMITS A COMMERCIAL GENERAL LIABILITY' i I 1 201 636 9/20/2019 9/20/2020 EACH OCCURRENCE 'I,000, }00 - CLAIMS -MADE OCCUR I DAM LGE TO RENITED PREMISES (Ea oe urrenee! 500,000 X Pollution Included MED EXP (Any one person) 20000 , PERSONAL & ADV INJURY 1,000,000 GEN'L f AGGREGATE LIMIT APPLIES PER; - GENERAL AGGREGATE $ 3,000,000 X POLICY ' JERCT _.._ LOC PRODUCTS - COMPJOP AGG 3,000,000 OTHER. LIQUOR LIARILJT 1,0 00)00 • AUTOMOBILE LIABILITY 201926 82 9/20/2019 9/20/2020 COMBINED SINGLE LIMIT (Ea accident) 1, 00,000 . , ANY AUTO BODILY INJURYPer person) OWNED AUTOS ONLY -- SCHEDULED BODILY ODILY ENJURY Per accident) ; ONLY XAUON PROPERTY accident) $ $ . X UMBRELLA LIAB X OCCUR ' 24192 382UMB 9/20/2019 9120/2020 EACH OCCURRENCE 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE ... 5,000,000 DE I [RETENTFON $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY f N ! A ; CFI _WKM 10000 35-02 9/20/2019 9/20/2020 1 PER TUT E_ 1 1 ERH E.L. EACH ACCIDENT 1,000,000 $ ANY PROPRIETOR/PARTNER/EXECUTIVE IETO# /PAF TNER/Ei ECUTI fE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE , $ 1,000,000' (Mandatory In NH) Dyes, describe under OP DESCRIPTION OOFE:RATI OPERATIONS below _ E.L. DISEASE - POLICY LIMIT $ ,000 ` A Sexual Misconduct I 1201926 9/20/2019 9/20/2020 each claim/aggregate 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Paradise Creek Community Garden The City of National City, its officials, agents, ernlaioyees and volunteers are included as additional insured for ongoing operations with respects to General Liability, when required by written contract or agreement, and with waiver of subrogation with respects to the workers compensation, per attached forms, Pollution liability is included within the general liability policy, per form attached. CERTIFICATE HOLDER City of National City do Risk Manager 1243 National City Boulevard National City, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 26 (2016/03) 198-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 64 of 317 POLICY (UMBER: 2019-26382 COMMERCIAL GENERAL LIABILITY Named Insured: ICF Center for Cross -Border Philanthropy* THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG 20 10 04 13 Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of National City and its officers, agents, employees andvolunteers Paradise Creek Community Garden All insured premises and operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section It — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury,', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. Howeve r: 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after; I, All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 2010041 Insurance Services Office; Inc., 2012 Page 1 of 2 65 of 317 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance; 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20100413 Insurance Services Office, Inc., 2012 Page 2 of 66 of 317 POLICY NUMBER: 201- 3 2 COMMERCIAL GENERAL LIABILITY Named Insured: ICF Center for Dross -Border Philanthropy* CG 20 12 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE E PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Subdivision: Any state or political subdivision that issues a permit or authorization to the named insured. Information required to complete this Schedule, if not shorn above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to; a. "Bodily injury", "property damage" or "personal and advertising inj u ry" arising out of operations performed for the federal government, state or municipality; or b. ",Bodily injury" or "property damage" included within the "products -completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ili — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 Insurance Services Office, Inc., 2012Page 1 of 1 67 of 317 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 as 06 (Ed. 04-84} WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work. described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY C/4 NISI{ MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ON -SITE FOR SUPERVISION, TO HELP mum SURE THE GARDEN WAS UP AND RUNNING f RUING WORKSHOPS, ETC This endorsement ent changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective - - 0 Policy No. CF1-WK-10000235-02 Endorsement No. 001 Insured OLIVEWOOD GARDENS is LINING Premium . Insurance Company Nova Casualty Company Countersigned By 1998 by the Workers' Compensation tion insurance Rating Bureau of Catania. All rights rc rved. From the WCIRB's California Workers' Compensation Insurance Foy Manual 1999. NSW D 68 of 317 Policy Number: 2019-26382 COMMERCIAL GENERAL LIABILITY 13 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR - LIMITED POLLUTION COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations: Application of Soap/Water Information required to complee this Schedule, if not shown above, will be shown in the Declarations. With respet to the operations shown. in the Schedule, Paragraph 1 d) of Exclusion f1 of Section t Coverage A - Bodily Injury And Property Damage Liability does not apply if the operations met all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations. CG 2 64041 Insurance Services Office, Inc., 2012 Pam 1 of 1 69 of 317 ActstRii 'VEHICLE OREQUIPMENT CERTIFICATE OF INSURANCE DATE (I41MODt!YYYY) 3/03/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. This form is used to report coverages provided to a single specific vehicle or equipment. Do not use this form to report liability coverage provided to multiple vehicles under a single policy, Use ACORD 25 for that purpose, PRODUCER StateFarinLazard Insurance Agency, Inc. ,� Y 3924 El Cajon Blvd San Diego, CA 92105PRODUCER' NATIONAL CITY CA 91950- 010 r CONTACT - NAME: Laz r° Neto PHONE -22 -$7 S Ex#}: - FAX - (ARC, No): 19-229- 6796 MAINo ADDRESS; _ Ia ara.neta.l f afstatef rni.com ID 11: _ INSURER(S) AFFORDING COVERAGE NAM # INSURED INTERNATIONAL IAL COMMUNITY FOUNDATION 2525 N AVEINSURER NATIONAL CITY CA 19 0-6O 19 _ . - INSURER A : State Farm Mutual Automobile Insurance Company 2 178 INSURER B :- _ INSURER C : D : INSURER E : DESCRIPTION N OF VEHICLE OR EQUIPMENT YEAR 2006 MAKE! MANUFACTURER TOYOTA MODEL TUNDRA BODY TYPE PICKUP VEHICLE IDENTIFICATION NUMBER 5TBJU321 68470400 DESCRIPTION VEHICLE/EQUIPMENT VALUE SERIAL NUMBER . - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POL.ICY(IE) OF INSURANCE LISTED BELOW HAS/HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY - PERIOD(S) INDICATED, NOTWITHSTANDING TANDING ANY REQUIREMENT, AEI 1T, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE ANCE AFFORDED DED BY THE POLICY(IES) DESCRIBED HEREIN IS/ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY(IES). - - INSR LTR AMYL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/ YY) POLICY EXPIRATION DATE (MM DD1YYYY) LIMITS ` VEHICLE LIABILITY 279 9438-B13- 5B 02/13/2020 08/13/2020 COMBINED SINGLE LIMIT BODILY INJURY (Per person) - 1,000,000 BODILY INJURY (Per accident) i 00 PROPERTY DAMAGE 000,000 GENERAL LIABILITY EACH OCURONCE OCCURRENCE GENERAL AGGREGATE CLAIMS MADE INSR LTR Loss PAYEE TYPE OF INSUP.ANCt POLICY NUMBER POLICY EFFECTIVE DATE (MM!DD!YYYY) POLICY EXPIRATION DATE (MOD/MY) LIMITS / DEDUCTIBLE X VEH COLLISION LOSS 279 438-813- 5B 02/13/2020 ! ' 08/13/2020 0 NI ACV ❑ AGREED AMT NI STATED AMT LIMIT 250 DED X VEI-1 COMP - VEH OTC 279 9438-B13-55B - 02113/2020 08/13/2020 El ❑ ACV II ❑ AGREED AMT STATED AT LIMIT 20 DED -- - EQl�IRIVIEiVT - D NI ❑ ACV ❑ AGREED AMT RC ❑ STATED AMT _. $ LIMIT $ DED i-- BASIC BROAD SPECIAL REMARKS (INCLUDING SPECIAL CONDITIONS / OTHER COVERAGES) (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ADDITIONAL INTEREST Select one of the following: The additional Interest described below has been added to the policy(Ies) listed herein by policy r4umber(s). A request has been submitted to add the additional interest described below to the policy(ies) listed herein by policy,number(s)_. VEHICLE /EQUIPMENT INTEREST: LEASED FINANCED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 'THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, DESCRIPTION OF THE ADDITIONAL INTEREST NAME AND ADDRESS OF ADDITIONAL INTEREST CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 ADDITIONAL INSURED LOSS PAYEE LENDER'S LOSS PAYEE LOAN I LASE NUMBER AUTHORIZED REPRESENTATIVE _ 1/Q/1J3 0 1997-2015 ACORD CORPORATION. All rights reserved. ACORD 23 (2016/03) The ACORD name and logo are registered marks of ACORD 1004381 142087.3 01- 6- 016 70 of 317 City of National City Office of the City Clerk 1243 National City Blvd,, National City, CA 919504397 Michael R. Dalla — City Clerk (619)336-4228 (619) 336-4229 August 24, 2020 Olivewood Gardens & Learning Center ATT: Executive Director for 2525 "N" Avenue National City, CA 91950 RE: Maintenance and Operating Agreement — Paradise Creek Educational Park On August 4, 2020, Resolution 2020-143 was passed and adopted by the City Council of the City of National City, approving a Maintenance and Operating Agreement for a Community Garden at Paradise Creek Educational Park. We are enclosing for your records a copy of the above Resolution and a fully executed original Contract. Sincerely, Michael Dal la City Clerk 71 of 317 ACC ► CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DID YYYY) 111021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hoffman Hanono Insurance Svcs. 2090 Otay Lakes Road Suite 102 Chula Vista CA1 CONTACT JLIdy SI�flvtrartz PHONE .(A/c. No. ExUU: 619 4 0-1851 FAX (A/C, No): 619-4 0-- 701 E-MAIL ADDRESS: Certificates@hhinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: NonProfits Insurance Alliance 11845 INSURED QLIVGAR-01 ICF Center for Cross -Border Philanthropy dba Olnvewocd Carden Learning Center 2525 N Avenue National City CA 91950 ' INSURER B : Employers Preferred Ins. Co. 10346 INSURER G: United States Liability Insurance Company 25895 INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 619527898 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD INSD SUBR WIND POLICY NUMBER POLICY EFF (MMFD0IYYYY) POLICY EXP rMMMIMIDDIYYYY1 LIMITS A ' COMMERCIAL GENERAL LIABILITY Y 2021-26382 9/30/2021 9/30/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE l X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 20,000 PERSONAL & ADV INJURY $ 1,000,000 GENII_ AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY I PRD- JECT LOC PRODUCTS - cQMPraP AGG $ 3,000,000 OTHER: _ LIQUOR LIABILITY $ 1,000,000 A AUTOMOBILE LIABILITY Y 2021-26382 9130/2021 9/3)0/2022 COMBINED SINGLE LIMIT i (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ _ HIRED AUTOS ONLY x NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB X OCCUR 2021-26382-UMB 9/3012021 9/30/2022 EACH OCCURRENCE ,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 1 I DE.D X 1 RETENTION $ n _ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y E1G4846520000 9/20/2021 9/20/2022 X PER 1 STATITE oTH- ER Y f N $ 1,A00.000 ANYPROPRIETORiPARTNERIEXECUT1VE OFF ICERJMEMBERE CLUDED? N {A EL_ EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below - EL. DISEASE - POLICY LIMIT $ 10,000,000 A C Sexual fviisconduct € erectors & Offiers Liab Employment Pmct Lieb 2021-26382 ND01574377D 9/3012021 9/20/2021 9/30/2022 9/20/2022 Each ClalmlAggregate Each Claim/Aggregate Each Claim/Aggregate 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS l LOCATIONS l VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Directors & Officers Liability Coverage includes Fiduciary Liability (1,000,000 per Maim). Reference Number: CS-00016 The City of National City, its elected officials, officers, agents, and employees are named additional insured with regard to general and auto liability. Coverage is primary and non-contributory. Waiver of Subrogation applies with regard to workers compensation, CERTIFICATE HOLDER CANCELLATION City of National City Insurance Compliance PO Box 10085 - l�J Duluth GA 0096 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS_ AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserve ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 72 of 317 From: jschwartz(.hhuiisurance.coni To: nationalcityca nationalcityca ,Ebix.coni CC: jenolivewoodgardeiis.org Subject: RE: Revised Certificate - Olivewood Gardens & Learning Center Date: 10/6/2021 4:05:05 PM Attachment(s): Attached please find the revised certificate requested on behalf of Olivewood Gardens. Thank you. Judy Hanono Schwartz * Please note new email for Certificates and Evidences of Insurance certificates@hhinsurance.com P: (619) 420-1861 F: (619) 420-5701 Email: Ischwarlzhhinsurance,cem Hoffman Hanono Insurance Services 2090 Otay Lakes Rd, Suite 102, Chula Vista, CA 91913 vintew.hhinsurance.com CA License # 0424824 73 of 317 Employers Preferred Insurance Company - Company Profile - Best's Credit Rating Center Page 1 of 5 Employers Preferred Insurance Company I B #: 011826 NAM #: 10346 FEIN #: 592222527 Administrative Office 10375 Professional Circle Reno, Nevada 89521-4802 United States Web: www.employers.com Phone: 888-682-6671 Fax: 888-527-3422 View Additional Address Information AM Best Rating Unit: AMB #: 018602 - Employers Insurance Group Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations. BEST A- Excellent View additional news, reports and products for this company. Based on AM Best's analysis, 051243 - Employers Holdings, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structu re. Best's Credit Ratings Financial Strength View Definition Rating (Rating Category): A- (Excellent) Affiliation Code: p (Pooled) Outlook (or Implication): Stable Action: Effective Date: Affirmed December 15, 2020 https://ratings.ambest.com/SearchResults.aspx?AltSre=9 9/27/2021 74 of 317 Employers Preferred Insurance Company - Company Profile Best's Credit Rating Center Page 2 of 5 Initial Rating Date: December 02, 2008 Long -Term Issuer Credit View Definition Rating (Rating Category): a- (Excellent) Outlook (or Implication): Stable Action: Affirmed Effective Date: Initial Rating Date: December 15, 2020 December 02, 2008 Financial Size Category View Definition Financial Size Category: XII ($1 Billion to $1.25 Billion) u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Joni Cerbone Director: Jacgalene Lentz, CPA Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure information Disclosure Information Form View AM Best's Rating Disclosure Form Press Release AM Best Revises Outlooks to Stable for Employers Holdings, Inc, and Its Subsidiaries December 15, 2020 View AM Best's Rating Review Form https://rates.armrest.corn/ earchResults.asp ? it rc= 9/27/2021 75 of 317 Employers Preferred Insurance Company - Company Profile - Best's Credit Rating Center Page 3 of 5 { Rating History AM Best has provided ratings & analysis on this company since 2008. Financial Strength Rating Effective Date Rating 12/15/2O2O A- 1/16/2020 A- 12/11/2018 A- 2/2212018 A- 118112017 A- 2/12/2016 A - Long -Term Issuer Credit Rating Effective Date Rating 12/15/2020 a- 1 /16/2020 a- 12/1112018 a- 2122/2018 a- 1/81/2017 2- 211212010 a- Best's Credit & Financial Reports Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining the current credit rating(s) for AM Best Rating Unit: AMB 018602 - Employers Insurance Group. .j— { Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report. Best's Financial Report - financial data included in Best's Financial Report reflects the most current data available to AM Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's Insurance Reports. https://ratings.ambest.com/SearchResults.aspx?AltSrc=9 9/27/2021 76 of 317 Employers Preferred Insurance Company - Company Profile - Best's Credit Rating Center Page of View additional news, reports and products for this company. Press Releases Date Title Dec 15, 2020 AM Best Revises Outlooks to Stable for Employers Holdings, Inc. and Its Subsidiaries Jan 16, 2020 AM Best Affirms Credit Ratings of Employers Holdings, Inc, and Its Subsidiaries Dec 11, 2018 AM Best Affirms Credit Ratings of Employers Holdings, Inc. and Its Subsidiaries Feb 22, 2018 A.M. Best Revises Outlooks to Positive for Employers Holdings, Inc. and Its Subsidiaries Jan 31, 2017 A.M. Best Revises Outlooks to Stable for Employers Holdings, Inc. and Its Subsidiaries Page size: 10 14 items in 2 pages Find a Best's Credit Rating Enter a Company Marne Advanced Search Howto Get Bests Credit Rating Best's Credit Rating., Mobile App Go European Union Disclosures A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Jnstitution (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 201 / 6/EU. hops://ratings.arbe t.com/SearchResults.aspx?AltSrc=9 9/ 7 0 1 77 of 317 Employers Preferred Insurance CompanyCompany Profile - Best's Credit Rating `enter Page 5 of 5 United Kingdom Disclosures A.M. Best Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the United Kingdom (UK). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019. Australian Disclosures A.M. Best Asia -Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375 8 ), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: AM Best's Credit Ratings are independent and objective opinions, not statements of fact. AM Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. AM Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Guide to Best's Credit Ratings. About Us I Careers I Contact Events I Offices I Press Releases I Social Media I Cookie Notice I Legal & Licensing Privacy Notice I Site Map I Terms of Use Regulatory Affairs - Forrn NRSRO - Code of Conduct - Rating Methodology - Historical Performance Data Copyright 0 2021 A.M. Best Company, Inc. andlor its affiliates ALL RIGHTS RESERVED. https://ratinas.ambest.com/SearehResults.aspx7AltSrc=9 ' / 7/20 1 78 of 317 POLICY NUMBER: 2021-26382 COMMERCIAL GENERAL LIABILITY Named Insured: 1CF Center for Cross -Border Philanthropy* THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG20161219 Name Of Additional Insured Person(s) OrOrganization(s) Location(s) Of Covered Operations The City of National City and its officers, agents, employees, and All insured premises and operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insure•d(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG20101219 If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. with respect to the insurance afforded to these additional insureds, thefollowing additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, ,maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or © insurance Services Office, Inc., 2012 Page 3 of 6 79 of 317 POLICY NUMBER: 2021-26382 COMMERCIAL GENERAL LIABILITY Named Insured; ICF Center for Cross -Border Philanthropy* THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ lT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CG201012'19 Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of National City and its officers, agents, employees, and All insured premises and operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of yourongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 10 12 19 If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: I. All work, including ;materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 0 Insurance Services Office, Inc., 2012 Page 3 of 80 of 317 NONPROFITS [NSURANCE ALLIANCE OE CALI TORN IA fend for Insurance_ 4 Heart for Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE ONLY In consideration of the premium charged, it is understood and agreed that the following is added as an additional insured: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) But only as respects a legally enforceable contractual agreement with the Named Insured and only for liability arising out of the Named Insured's negligence and only for occurrences of coverages not otherwise excluded in the policy to which this endorsement applies. It is further understood and agreed that irrespective of the number of entities named as insureds under this policy, in no event shall the company's limits of liability exceed the occurrence or aggregate limits as applicable by policy definition or endorsement. Such insurance as is afforded by this endorsement for the additional insured shall apply as primary insurance. Any other insurance maintained by the additional insured or its officers and employees shall be excess and non- contributing with the insurance afforded by this endorsement. MAC Al 04 13 Page 1 of 1 81 of 317 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California authorizing the acceptance of the Community Enhancement Grant from the County of San Diego in the amount of $5,000 to cover costs associated with the annual Kimball Holiday event and the establishment of grant fund appropriations of $5,000 and corresponding revenue budget. Please scroll down to view the backup material. 82 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, California authorizing the acceptance of the Community Enhancement Grant from the County of San Diego in the amount of $5,000 to cover costs associated with the annual Kimball Holiday event and the establishment of grant fund appropriations of $5,000 and corresponding revenue budget. PREPARED BY: Elyana Delgado DEPARTMENT: Libr ry & Community Services PHONE; 619-336-4352 APPROVED BY: EXPLANATION: The Library and Community Services Department applied for the County of San Diego's (County) FY22 Community Enhancement Program grant (the Program) to support the City's annual special event "A Kimball Holiday." The Program is funded by a set percent of Transient Occupancy Tax revenues. The goal of the Program is to stimulate tourism, promote the economy, create jobs, or provide a better quality of life. The Program will fund the Thirty Five Productions disc jockey service and the San Diego Ice Company snow hill attraction. For FY22, the City was awarded $5,000 in grant funds; the City has received grant funds from the Program for 5 years, since FY18. FINANCIAL STATEMENT: APPROVED; FINANCE MIS 282-00000-3474 (Reimbursable Grants Citywide Fund county grants account) - $5,000.00 282-441-340-264-0000 (Reimbursable Grants Citywide Fund promotional materials account) $5,000.00 No financial impact on the City's General Fund budget. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ACCOUNT NO. APPROVED: ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the Resolution 1) authorizing the acceptance of the grant funds; 2) authorizing the City Manager to execute an agreement with the County of San Diego; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation and corresponding revenue budget. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement 2. Resolution bs.i of.517 County office use only P—1001836 0-12900 E — 53666 T — 001 A-100122 Supplier # — 1114069 COMMUNITY ENHANCEMENT PROGRAM GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND City of National City This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City, a Non -Profit Corporation (Grantee) on 11/16/2021 with an effective date of 10/05/2021. WHEREAS during the 1982-83 fiscal year, the San Diego County Board of Supervisors established the Community Enhancement program; and WHEREAS, pursuant to Board of Supervisors Policy B-58, the purpose of this Program is to provide funds to nonprofit and/or tax exempt organizations that stimulate tourism, promote the economy, create jobs, and improve the quality of life throughout San Diego County; and WHEREAS, the County funds this program primarily with the County's Transient Occupancy Tax; and WHEREAS, on 10/05/2021 (23), the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Amount of Grant. The County agrees to pay Grantee the amount of $5,000.00. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee. 2. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely for the following purpose: to support A Kimball Holiday and Covid-19 Safety Protocol expenses. 3. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. 4. Time Period for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 2 before the end of the Term of Agreement. (b) Grantee shall complete Documentation of Contract Costs report setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in no event later than 30 days after the end of the Term of Agreement specified above. If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation not later than 30 days after the end of the extended Term. (c) Grantee shall retain copies of all receipts, invoices, cash register tapes and other direct evidence of the expenditure of funds for which grant funds are used for the duration of the audit period specified in Paragraph 8. (d) If the County's administrator: (i) determines that the Grantee failed to spend all of the grant funds 1 84 of 317 (ii) disallows any expenditure by Grantee; (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; or (iv) grant funds were used in a manner contrary to Paragraphs 2 or 5 Grantee shall refund to the County the amount specified by the County's administrator. Grantee shall make this refund within 7 County business days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (e) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) and (c) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within 7 County business days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County's administrator. (f) If Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph 1 upon submission of documentation to County's administrator setting forth Grantee's actual expenditures for the purpose specified in Paragraph 2 and approval of the documentation by County's administrator. 5. Restrictions on use of grant funds. (a) Grant funds shall not be used for any purpose prohibited by laws governing the use of public funds including, but not limited to, religious purposes, political campaigning, or purely private purposes or activities. (i) If Grantee provides or participates in any activity for which public funds may not be used, such as religious activities, Grantee shall inform the County of this activity before accepting any grant funds. Grantee shall ensure that no grant funds awarded pursuant to the Agreement are used to support in any manner said activity. (b) Grantee shall not spend any grant funds on food or beverages. (c) Grantee shall not donate any grant funds to a third party. (d) Grantee may not include in its Documentation of Grant Expenditures report under this Agreement any expenditures for which Grantee has received or is or will be claiming funding from any other source. (e) Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. (f) Grantee shall comply with Board Policy B-58. (g) Grantee's failure to comply with any provision in Paragraph 5 shall constitute a material breach of this Agreement. 6. Administrator of Agreement. The Office of Financial Planning in the Chief Financial Officer's Office shall administer this Agreement on behalf of the County, and Elyana Delgado at (619) 336- 4352 shall administer it on behalf of Grantee. County and Grantee may from time to time designate a different administrator by providing notice in the manner required by Paragraph 7. 7. Notice. All communications from Grantee to the County shall be sent to the Chief Financial Officer as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: CE 2 85 of 317 County: Chief Financial Officer Office of Financial Planning County of San Diego 1600 Pacific Highway Room 352 San Diego, CA 92101 Grantee: City of National City City of National City National City branch 1243 National City Blvd National City, CA 91950 Notices that are personally served shall be deemed delivered on the date served. Notices sent by certified mail shall be deemed delivered 5 County business days after mailing. County and Grantee may from time to time designate a new address for providing notice by providing notice of the new address in accordance with this Paragraph. 8. Audit and Inspection of Records. At any time during normal business hours and as often as the County may deem necessary, the Grantee shall make available, within 5 County business days of the receipt of a request, to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records shall be made available for examination within San Diego County, California. Grantee shall maintain such records in an accessible location and condition for a period of not less than 4 years following receipt of final payment under this Agreement unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement. 9. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within 3 County business days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 10. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 County business days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 11. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 County business days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 3 86 of 317 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 2. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Insurance. Grantee shall maintain such insurance as will fully protect both Grantee and County from any or all claims under any workers' compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for bodily injury, including death, made by anyone whomsoever which may arise from operations carried on under this Agreement, either by Grantee or by anyone directly or indirectly engaged or employed by Grantee. Grantee shall exonerate, indemnify and hold harmless County from and against, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws with respect to Grantee and Grantee's employees engaged in performance of this Agreement. County and its agents and employees shall not be, or be held, liable for any liabilities, penalties, or forfeitures, or for any damage to the goods, properties, or effects of Grantee. 15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 17. Defense and Indemnity. County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collective, "County Parties") against any and all claims, deductibles, self -insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to County's provision of funds and/or Grantee's use of County funds under this Agreement arising either directly or indirectly form any act, error, omission or negligence of Grantee or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation; however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. 18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California. 19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. 20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that parry's right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. 21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind. 4 87 of 317 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23. Corporation Qualified to Do Business in California. If Grantee is a corporation, Grantee warrants that it is a corporation in good standing and is currently authorized to do business in California. 24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 3 above. 25. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addition to, and not a limitation on, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 26. Prevailing Wage. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using over $1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse and ready mix concrete hauling, maintenance work, or any other work for which prevailing wages must be paid by Labor Code § 1720 et seq. shall be deemed a "public work" for prevailing wage purposes. It is not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise exempt from the State's prevailing wage laws. Grantee shall be solely responsible for ensuring prevailing wages are paid when owed. Projects subject to the payment of prevailing wages are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Grantee shall be responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed in accordance with the State's prevailing wage regulations. Information regarding the State's prevailing wage requirements can be obtained from the Director, Department of Industrial Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code of Regs. § 16000, et seq. 27. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. WHEREFORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO GRANTEE harissa Japlit By: Manager, Office of Financial Planning Deputy Chief Administrative Officer/Chief Financial Officer or Designated Representative Fatima Barredo, Director Office of Financial Planning By: Date Authorized signatory Print name and title [Note: Person signing on behalf of Grantee must be authorized by Grantee's Board of Directors to sign this Agreement and must be same person Grantee listed in its funding application as being authorized to sign.] 5 88 of 317 THIS PAGE LEFT BLANK INTENTIONALY 89 of 317 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City,California approving the settlement between Leanna Navarro and the City of National City. (City Attorney) Please scroll down to view the backup material. 90 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 11/16/2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the settlement between Leanna Navarro and the City of National City. PREPARED BY: Charles E. Bell, Jr., City Attorney PHONE: 4220 EXPLANATION: On June 6, 2019, Plaintiff Leanna Navarro filed a Workers' Compensation case against the City of National City. Workers' Compensation Appeal Board Case No. Claim # 12261642 ("Litigation"). City Attorney DEPARTMENT: �� U� APPROVED BY: ' In Closed Session on November 2, 2021, City Council authorized a $67,500.00 settlement on the Litigation. FINANCIAL STATEMENT: APPROVED: .yXd,{g-,.,.� Finance ACCOUNT NO. APPROVED: MIS 627-407-081-433 Worker's Comp Claim Costs ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution approving the $67,500 settlement between Leanna Navarro and the City of National City. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: • Resolution 91 of 317 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City,California authorizing the Mayor to execute the Agreement between the City of National City and Devaney Pate Morris Cameron, LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims for the total not to exceed amount of $75,000.00 per case and approving the City Attorney's execution of same. ( City Attorney) Please scroll down to view the backup material. 92 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 11/16/2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Agreement between the City of National City and Devaney Pate Morris Cameron, LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims for the total not to exceed amount of $75,000.00 per case and approving the City Attorney's execution of same. PREPARED BY: Charles E. Bell, Jr., City Attorney PHONE: Ex. 4222 EXPLANATION: To ensure the City's interests remain protected and to avoid any lapse in City's defense in active litigation matters, the City Attorney Office negotiated a new retainer agreement with Devaney Pate Morris Cameron, LLP. DEPARTMENT: Cit Attorney APPROVED BY: Devaney Pate Morris Cameron, LLP, is a law firm that specializes in General Civil Litigation Defense arising from Government Claims legal services including consultation with the City Attorney and Risk Management on Government Claims, defense of the City on litigated matters, advice and counsel to the City Council, and communications with City staff for an amount not to exceed $75,000.00 per case for legal services and out of pocket disbursements pursuant to the Agreement. FINANCIAL STATEMENT: APPROVED: ..1x4u— Finance ACCOUNT NO. APPROVED: MIS 627-405-081-432-0000 Liability Claim Cost ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute an Agreement between the City of National City and Devaney Pate Morris Cameron, LLP for legal services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: • Agreement • Devaney Pate Morris Cameron, LLP's Firm Overview • Resolution 93 of 317 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City for approving an appropriation in the amount of $22,000 to the General Fund for FY21. Currently the Agreement specifies the not -to -exceed amount of $50,000. The City of National City engages in outside legal support from Liebert Cassidy Whitmore for Employee Investigation Services. Employee Investigation Services proceeded longer than anticipated causing the City to exceed the allotted amount for FY21. (Human Resources) Please scroll down to view the backup material. 94 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City for approving an appropriation in the amount of $22,000 to the General Fund for FY21. Currently the Agreement specifies the not -to -exceed amount of $50,000. The City of National City engages in outside legal support from Liebert Cassidy Whitmore for Employee Investigation Services. Employee Investigation Services proceeded longer than anticipated causina the City to exceed the allotted amount for FY21. PREPARED BY: Robert J. Meteau, Jr, HR Director PHONE: 619-336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: The City of National City engages in outside legal support for specialized areas, including Employee Investigation Services. Since 2017, Liebert Cassidy Whitmore, a Professional Law Corporation has served as the City's subject matter expert in the area of employee investigations, and has been instrumental in providing support to the Human Resources Department through the investigation process with Departments. An appropriation is needed to allow Liebert Cassidy Whitmore to assist City staff in completing the process with the remaining employee investigations, and cover services incurred in the excess of the previous FY21. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Expenditure: Professional Services 001-407-083-213-0000 Funding Source: General Fund ENVIRONMENTAL REVIEW: This is not a project, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution 95of3171 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to Crest Equipment Inc. in the not -to -exceed amount of $1,281,798.37 for the El Toyon Las Palmas Bicycle Corridor Project, CIP No. 19-02; 2) authorizing a 15% contingency in the amount of $192,269.76 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 96 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1 awarding a contract to Crest Equipment Inc. in the not -to -exceed amount of 1,281,798.37 for the El Toyon Las Palmas Bicycle Corridor Project, CIP No. 19-02; 2) authorizing a 15% contingency in the amount of $192,269.76 for any unforeseen changes; and authorizing the Mayor to execute the contract. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil, DEPARTMENT: Engin-n1PubIic Works PHONE: 1 -336-4 88 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: ���� Finance ACCOUNT NO. APPROVED: MIS Contract Award - $1,281,798.37 Expenditure Account No. 296-409-500-598-6579 - $1,281,798 37 (El Toyon-Las Palmas Bicycle Corridor Project) 15% Contingency — $192,269.76 Expenditure Account No. 296-409-500-598-6579 - $82,131.63 (El Toyon-Las Palmas Bicycle Corridor Project) Expenditure Account No. 109-409-500-498-6035 - $110,138.13 (SBA -Gas Tax -Street Resurfacing) ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117 c : activity (c)(3), approved February 13, 2017, and revalidated February 7, 2021, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Crest Equipment Inc. in the not -to -exceed amount of 1,281,798.37 for the El Toyon Las Palmas Bicycle Corridor Project, C I P No. 19-02. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation wiExhibit 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement . Resolution 97 of 317 EXPLANATION On December 10, 2014, the California Department of Transportation (Caltrans) awarded a $375,000 Federal Active Transportation Program (ATP) grant for the El Toyon-Las Palmas Bicycle Corridor Project. There is no local match requirement. The t t 's $375,000 allocation was distributed by Project phases as follows: • Project Approval and Erivironmerital Documents (PACED) - $50,000 • Plans, Specifications and Estimate (PS&E) — $250,000 • Right -of -Way (ROW) - $75,000 On June 21, 2016, City Council adopted Resolution No. 2016-96 authorizing 1) the Mayor to execute Program Supplement Agreement Number F01 1 with Caltrans to allow for reimbursement of up to $50,000 in eligible project expenditures, and 2) the appropriation of $50,000 for the project. On December 16, 2016, Caltrans awarded 1, 544,o o Federal ATP grant for the construction phase of the Project. There is no local match requirement. On November 8, 2017, Caftans issued an Authorization to Proceed to the City for the PS&E .n RAN phase, establishing the date for eligible reimbursement. On February 20, 2018, City Council adopted Resolution No. 1 - 4 authorizing 1) the establishment of an appropriation in the amount of $325,000 and a corresponding revenue budget for the EI Toyon-Las Palmas Bicycle Corridor Project. On April 28, 2021, Caftrans issued an Authorization to Proceed to the City for the Construction phase, establishing the date for eligible reimbursement. Similar to thPS&E and RAN phase, there is no local match requirement for the construction phase. On October 19, 2021, City Council adopted Resolution No. 2021-154 authorizing the Mayor to execute Program Supplement Agreement No. NO1 i Rev. i to Administering Agency -State Master Agreement No. 11-5066F15 which is required to allow for reimbursement of eligible project expenditures through the Federal ATP grant. The El Toyon-Las Palmas Bicycle Corridor Project includes construction of a new bicycle corridor parailel to the east side of 1-805 connecting El Toyon Park and Las Palmas Park. Improvements along the bicycle corridor will include Class It and III bike route pavement markings (sharrows) and signage; pedestrian curb ramps for ADA compliance; traffic calming measures such as pedestrian refuge islands, corner bulb - outs and pedestrian actuated flashing crosswalk signs; and storm water treatment infiltration areas. 98 of 317 On September 30, 2021, the bid solicitation was posted on Planet ids, a free public electronic bidding system for contractors. On October 5, 2021 and October 12, 2021, the bid solicitation was advertised in local newspapers. On October 22, 2021, eight bids were received by the 1:00 p.m. deadline. Crest Equipment Inc. was the apparent lowest bidder with a total bid amount of $1,281,798.37. Upon review of all documents submitted, Crest Equipment Inc.' bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Staff recommends awarding a contract to Crest Equipment Inc. in the amount not to exceed $1,281,798.37 and authorizing a 1 % contingency in the amount of $192,269.76 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by summer 2022. Typically construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as contractor mobilization. Updates will be provided on the City's CIP dashboard at: https://www.nationalcityca.goofgovernmentlengineeriraq-public- wo rks. 99 of 317 Cervantes El Toyon , --- Elementary Rancho La c•-) Nacion Elementary •. t Division St. ATP Cycle 1 Project (Construction 2016/2017) , webal-‘1,—,4-14- 4- ,....... r „4„...„... 4,4 r ..„4... Class III Bike Route 4th Street, National City El Toyon Park El Toyon Park 4th Street Community Corridor - Existing Crossing 4th St & T Ave, National City rr r r , ,i' Curb Extensions Pedestrian Actuated LED Sign National City Blvd, Notional City EloCrfocr-1 Market vIOMINW., Pedestrian Actuated LiED Sign Curb Extens!ions 4th Street Community Corridor - Existing Crossing 4th St & U Ave, National City ,711 FIK ErZio flo 711 It, r44. L " /VI& _ j 12.: li, 0 0444, iL P..ia, .. Bicycle Boxes D Ave & 18th St, National Cit 4 1 Pro vitH , „Mt ect Improvement vlap Granger High School Cub Extensions (Southwest Corner) " Las Palmas Elementary School I, Lincoln Acres School Las Palmas Park EXISTING BIKE CORRIDOR Class 11- Bikelane Class III - Bike Route PROPOSED BIKE CORRIDOR 1" = 7S0' = Class IL IU - Regional Bike Boulevard Connection to Regional Bicycle Network (Mission \Talley - Chula Vista Bikeway) C:IIT Future Class I, IL or III Bikeway* '7 Future Pedestrian Path* Sidewalk Gap REGIONAL $41-1 Future BRT Station - SBBRT (2030) Bus Stop ml Future Class II or Class III Bikeway Note: Bicycle Loop Detectors to be installed at all signalized intersections * Refer to Bicycle Master Plan Bzistinc reclestT'ari Bridge National Ci-ty Golf Course fv, 423. 5',_de.ektemt+ ,ifof , • 1;.` fl - 44-4_, 0., 71,1 11,1;1:: • - -4, • - I C:" 18th St. ATP Cycle 1 Project- (COnStrUCtiOn 201 6/201 7) 11 - • 0.11.1111.1L Tovoistio Los ratotim Regiooltutie &evict& Etouteiforti A I. 0'01Pa NATIONAL CM" 111:3Z1I Astro June 2016 L LE 10 001- -40 CALIFORNIA INCORPORATED BID OPENING SUMMARY NAME: EL TOYON LAS PALMPALMAS BICYCLE CORRIDOR . PROJECT CIP 19-02 DATE: Friday, October 29, 2021 TIME: 1:00 P.M. IIJSTIITE ♦ 1,0,000.00 PROJECT ENGINEER: EE Roberto Vino, P.E. NO. BIDDER S NAME BID AMOUNT ADDENDA iiL2 BID SECURITY IT BOND 1. Crest Equipment, Inc 161 Scottford Dr. El Cajon, California 92021 1,2 1,9.3 Yes Bond 2. Tri Group Construction 9580 Black Mountain Ind . . San Diego. California 92126 ' A Y . -s Bond Palm Engineering Construction Company 3545 Camino Del Rio South Ste. San Diego, California 92108 1, . 59.3 9 ` .; a0110 4. Portillo Concrete Inc. 3527 Citrus St. Lemon Grove, California 91945 1,592,22.00 Yes Bond . PAL General Engineering Inc. 2364 Paseo De Las Americas, Ste. 104-1461 San Diego, California 92154 1,684,E 15.10 Yes Bond . Entenman Development Group Inc. 421 Broadway Ave, Ste. 62 San Diego, California 92101 $1,788, O0.55 Yes Bond 7 C.S. Legacy Construction Inc. 5781 Schaefer Ave. Chino, California 91710 1, , 00.5 , ,, ,, Bond 8 LB Construction Inc. 324 E. Valley Pkwy Escondido, California is 92025 1, ,6 .5 YesBond 101 of 317 - - - Bid Results for EI Toyon Las Palmas Bicycle Corridor Project (CIP No. - ) Engineering Item Description gait Qty. Crest Equipment Inc. Tri Group Palm Engineering Construction Company " Rase' Bird y El Toyon Las Palmas Bicycle Corri dor Project. 1 C1 lobihzatlon Demobilization - T_ Lumpy Lump F ' 1, , , 10 $20,000.00 1 , 20,000. $5O,00 OO # ■• 0 0- $.50,C O. 7 .,0 1 71, . Su Y yin . and Con b S14 ctio l talong ...-� Lump $58,618.35 $58,618.35 $60,000.00 TrafficContrtl and Pedestrian Control _ Lump 1 $62, 3Q0.00 rtt sI $60,000.00 $40,000.00 000.00 Clearing anti rubbing ,--..... Lump 1 $48,00000 $48,000.00 $160,cocoo160,000,00 $67,491.51 $27,500.00 $67,491.51 $27,500.00 Water Pollution Control - -- Lump 1 $7,200.00r rt0r tt C Construct 4" PCC Sidewalk per SDRSD -7, -9, -10, G-11 SF 79 0 $1.t 25$81,180.00r r $ #5, .00 $1 .00 $95,040.00 = 9+ C nstructCurb amp`(ACCT •es) . tr -t $26,000.00 $4,000.00 } rriove end R plane 14DA Ramps J II Types} Per P 1 irl: and Currb Rarr,p Pla aEach 19 $5,600.00i. r r i $4,000.00 $76,0 ■00 $5,500.00 $104,500.00 10 Constr ct 6" Curb an d butter .• er S D D -2 420 $58.00 $24,360.00$ 1,000E $50.00 $21,000.00 11 construct 6" Curh artd utt r - honed T e B er$DP D -4 I� � -LF .. : • r r $50.00 t 14, I r 45,00 $65.00 ,'7 13, L3LJ. 0V 12 - LF SF 103 $14.75 $1,519.25 $50.00 $5,15 }.O( $6,695.00 13 190 r $25.00 $ , 'S0.(0 . -- $18.00 $3,4 0.00 SF SF 250 714 $12.50 r $12.00 ,�_i $16.00 $4,000.00 $12.50 $8,925.00 $1.0.00 $12.00$5,088.00 $7 140.0( $5.24 $16.00 $3,741.36 * C onstruct 6tr P�CC Driv+ w y 1pproach Slab SF SF 424 431 94 $12.50 $12.50 i t r $5,360.00 $5,387.50 $6,784.00 $12.00 $50.00 ,1.7 .00 $4, 700.0 $I6.00 $6,896.00 C nstruct 6'" lodified B-4 Curb pe r detai l on Sheet $50.00 $4,700.00 19 - P SF 3 800 $14.25 $18.00 _ _ $+58,40D.00 $17.00 20 Cort trust Concrete Median Passage a +, Type with D me pier Oaltrans A88REach 1 $8,900.00 $: r r•r 0 f $ ,000. $7,000.00 --$64,00.00 $7,000.00 21 Constru 13' 7' Friter , orAp * r+ v d Equal 00r r r $35,000.00 $3S,OOO.DO $56,5 !9.00 - $56,529.00 22 - --- Ton 643 $135.00 $110.00yy $7�,73�F11�$118.00 S75,874.00 23Construct Class I1 Aggregate Pase Ton 1,230 $48.00 $59,040.00 $40.00 $4 ,200.00 $61.00 $75,03O.00 24 1..5" Mill SF 142,486 $i .32 $45,595.52 .50$71,243.00 $5,844.1 25$0.42 1.5" C'11e d air ..:.-_ _.. `i'o ra 1, 2D $135.D0 $17,150.00 $10.00$335,45o.00 26 6"' Pat ement [ eh bilit tion Dig- ut onstru �4 Page ent} Torn - 60 5.00 $58,500.Oi] $�.00 0000t 27 `Fyp+e l [ SC u r ,r 5eal with Crack Fil ! S119,845$4,. �,341.. $4 00 . t t 28 edge Grind and erl r TAvenue per Detail C (n Sheet _ Ton t $23 .00 $7,05+0.0C $SOD. t r rt tt $244.00 $7,820.I 29 Adjust Sewer 11 larch let grade Each 5t 0.00 $1}000.00 _ $ ,000.00 t- t $748.00 $1,496.00 30 Furnish Arad �rastaII 5i lewall L nclerclrain pipe per 5 RSD D=27 Each 1 $300.00 $300.00 $1r r r r 31 1.ndscape L 1 $22,0.00 $2,500.00 $40004 t $23,697.i'10 $23,67.(10 3 Unclass�fi ed Excavation imp 1 $5, 00.00 $5,200.00 $40t t r r $35, .00 $35,000.O0 F emoval. disposaC and repl cement of r suitable 3 [at+ r'�aC 150 $50.00 $7,500.00 $16 .O0 $ 45300.00 $60.CO 34 Furnish end instaII fro. 5 Pal l Bay( Each 6 $1,050.00 $6,.300.00 $1,000.00 $6,000.00 $72r r r $4,320.00 Electrical C nduit, Wirin and Trenching ! 1 $26,000.00 $26,000.00 $20,000.00 $20,000.00 $18,240 00 $18,240,00 6 Furnish and inst 11 LEi illumin ted sin ssembly _- Each 4 $11,550.00 $46,20 .00 $11,500.00 $46,000.00 $18,960.00 37 Furnish end install Type 1.5 Pole and LED Lurnir aire with Foundation Each 2 $7,87 .00 $15,750.00 $8,000.0 $15,000.00 :: r r r $23,760.00 38 Furnish and Install Type 1-B Pole with foundation Each 2 $1,890.00 $3,780.00 $2,000.00 _ $4,000.00 $Z760.00 $5,520.00 39 Loop detector modification (Grove at Plaza, N. T Ave at Division} mp Su 1 $9,450.00 $9,450.00 $9,000.00 1 $9,000.00 $18,000.00 $18,000.00 Toted $1, 81,798.37 1,454,443.00 $1,496,659.34 OWNER - CONTRACTOR AGREEMENT EL TO ON LAS PALMPALMAS BICYCLE CORRIDOR, CIP NO. 19-02 ThisOwner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Crest Equipment Ince ("Contractor"), 161 Scottford Dr. El Cajon, CA 92021, on the 16th f November, 2021.I for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 103 of 317 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. E WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Laker Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing encing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 104 of 317 services rendered pursuant to this Agreement; however, Owner shall riot have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its p rofession. 11 GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 1. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include tn,ithin their scope false claims made u iiti deliharatel ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (initial) (Initial) 105 of 317 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above, Owner: Alejandra at I -Solis Mayor, City of National City APPROVED AS TO FORM: By: Charles E. Bell, Jr. City Attorney Contractor: Crest Equipment Inc, (Owner/Officer signature) Print name and title (Second officer signature if a corporation) Print name and title Contractor's City Business License No. State Contractor's License No and Class Business street address City, State and Zip Code 106 of 317 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDA , Port of San Diego go and all other agencies that may be adjacent and/or affected by the project. 107 of 317 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 108 of 317 1 CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the of said Contractor, was then Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named Contractor in the foregoing Contract; that who signed said contract on behalf of the of said Contractor, was then Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate po►rers. Corporate Seal: 109 of 317 STATE OF COUNTY OF PARTNERSHIP CERTIFICATE ss On this day of , 20,- , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be ..--._..... __ _ of the partners of the partnership that executed the within instrument, and acknowledged to e that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 110 of 317 PERFORMANCE BOND WHEREAS, the City Council of the City of National nal City, by Resolution No. 0 1- on the 1 th of N vember, has awarded Crest Equi n gent Inc., hereinafter designated as the "Principal", the EL TE V N LAS PALMAS BICYCLE CORRIDOR, CIP NO. 1-. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and _�..._. as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million,_TIndred Ninet Eight, and Ihirty$even is $1,2810798.371 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severalty, firmly by these presents. THE CONDITION OF THIS OBLIGATION I IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such 111 of 317 change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of (SEAL) ... (SEAL) (SEAL) (SEAL) --- (SEAL) .. (SEAL) Surety Principal 112 of 317 STATE OF COUNTY OF On this Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ) }ss day of , , 20 , before me, the undersigned, a Notary NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 113 of 317 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2021- , - -- on the 16th day of November, mber, 0 1, has awarded Crest _Equipment Inc., hereinafter designated as the "Principal", the EL TOYON LAS PALMPALMAS BICYCLE CORRIDOR, CIP NO. 1 -0 . WHEREAS, said Principal is required by Chapter (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of one Trillion Two Hundred Ei ht one Thousand Seven ,Hundred Ninety Eight, and Thirty Seven. Cents ($1,281,79827} lawful money of the United States, for the payment of which sum well and trulyto be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION TIO IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorrey's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 114 of 317 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation ofthis bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. 111 WITNESS WHEREOF three identical counterparts ofthis instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of - , 20 . Surety (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Principal 115 of 317 STATE OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY COUNTY OF ) ) )ss On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person n whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact, NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said Countyand State) Kily Cornm:ssi 1 expires; ATTACH ALL BONDS 116 of 317 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention Vill. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Oovemmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Four FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 - Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA, 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The terns Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of 1 0,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 0- 1.4 b and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 1124 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 19641 as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunit: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 0 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 1 117 of 317 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.G. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference In this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that It has made every good faith effort to provide equal opportunity with respect to all of Its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the foliowing statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who roust be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough Indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include In all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. in the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such appiicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist In locating, qualifying, and increasing the skills of minorities and women who are 2 118 of 317 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on -the -Job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U. , . 1 0(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion, 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the refe rra l practices and policies of the labor union except that to the extent such information Is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so c-ertify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. in the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified andlor qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants f Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors! Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations, 10. Assurance Required by 49 FR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. 7. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years fallowing the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contacting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Foram FHWA-1391. The staffing data should represent the project work force on board in all or any part of the fast payroll period preceding the end of July. If on -the -Job training is being required by special provision, the contractor 3 119 of 317 will be required to collect and report training data, The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July, III. NONSEGREGATED EGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided In such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result, The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities aro segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing prodded for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local -roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers aind mechanics employed or working upon the site of the work, will be paid unconditionally 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 part 3, the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not Tess than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1,d. of this section; also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively crude or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR .5(a0(4, Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent In each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (I) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry# and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) 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 classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. 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 that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator- for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 4 120 of 317 will notify the contracting officer within the 30-day period that additional time Is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.( or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay, any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers arid mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davls-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR . (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I (b)()(B) of the Davis - Bacon Act, the contractor shall 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 affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1 The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(1), except that full social security numbers and home addresses shall not be included on weekly transmittals. instead the payrolls shall only need to include an individually identifying number for each employee ( e.g, , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.goviesaiwhdiforms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements, It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency,. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under 5,5 (a)(3)(i1) of Regulations, 29 CFR part b, the appropriate information is being maintained under 5. (a)(3)(i) of Regulations, 29 CFR part a, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly frorn the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not Tess than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 5 121 of 317 (3) The weekly submission n of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the {'Statement ofCompliance" required by paragraph 3.b.() of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the .State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA rnay, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Empioyer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not Individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to Journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the Job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not Tess than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified In the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. in the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved b. Trainees (programs of the USDOL). Except as provided in 29 CFR 6.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not Tess than the rate specified iri the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating In a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at Tess than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 6 122 of 317 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1 7 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.B. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR .12(a0{ 1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR .12(01). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDSACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not Tess than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. in the event of any violation of the clause set forth In paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. 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 or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed In violation of the clause set forth in paragraph (1.) of this section, in the sum of 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section, 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prune contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 7 123 of 317 VI. SUBLETTING OR ASSIGNING THE CONTRACT T This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not Tess than 30 percent (or a greater percentage if specified elsewhere In the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 6 5.'116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be `included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract, 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3, The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract, 5, The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VIl. SAFETY: ACCIDENT PREVENTION T his provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 19 ) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 Ll.S. . 3704). 3. Pursuant to 29 CFR 1926,3, it Is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract work Hours and Safety Standards Act (40 U.S. . 04), V111. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T his pro vision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-10 2 shall be posted on each Federal -aid highway project CFR 635 in one or more places where it is readily available to all persons concerned with the project: 18 U.S.G. 1020 reads as follows: 8 124 of 317 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (g Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than years or both." I.. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bidlproposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1, That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act{ 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFRParts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted If any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed ci rcumstances. e. The terms "covered transaction," "debarred,,' "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a list Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agree; by submitting this proposal that it will include the clause titled "Certification Fegarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions exceeding the $25,000 threshold, h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless It knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.crovf), which is compiled by the General Services Administration. 9 125 of 317 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to reader in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knov ingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding arding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating iri covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (aX2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost ,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, cr agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. G. The prospective lower tier participant shall provide Immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction,,' "debarred," „suspended," "ineligible," "participant," „person," „principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFRParts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions° refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions exceeding the $26,000 threshold. g_ A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System webslte (httns:/Iwvvw. epis,pov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 126 of 317 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XL CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to Influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than 10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 127 of 317 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPAI. A HIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available, b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the. State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service, The contractor is not required to grant employment to any job applicants Who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractors permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e)&low the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work, 12 1 128 of 317 11 /2/21, 4:51 PM SAM.gov "General Decision [umber: CA20210001 10/29/2021 Superseded General Decision Number: CA20200001 State: California Construction Types: Building, Heavy (Heavy and Dredging)) Highway and Residential County: San Diego County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Note: Under Executive Order (EO) 136580 an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Dais -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the E0 and a classification considered necessary for performance of work on the contract does not appear on this wage determination) the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5. 5 (a) 1 ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types ofcontracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2 - 0 . Additional information on contractor requirements and worker protections under the ESQ is available at www.dol.gov/whdigovcontracts. Modification Number Publication Date 0 01/01/2021 1 01/08/2021 2 03/05/2021 3 0 /1 /2021 4 04/0 '2021 5 04/23/2021 6 0 /04 2021 7 0/11`201 8 06/25/2021 9 07/23/2021 10 07/30/2021 11 08/06/2021 t 12 08/27/2021 13 0 /03 2021 14 09/17/2021 15 10/01/2021 16 10/08/2021 17 10/15/2021 https fisari.goer/wage-det rmiri tion/OA O210001 /18 1 /25 129 of 317 11/ / 1,4:51 PM 18 10 '2 021 SAM.gov A BE0005-002 09 01/2 21 Rates Fringes Asbestos Workers/Insulator Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) 47.25 24.45 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain YYalls)•.••.■,■••a■ 32.09 19.66 * A BE000 - 04 07 05 2021 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ .40 13.07 B I L009 2 - 0 01 01 / 021 BOILERMAKER. • Rates Fringes 38.81 BRCA0004-00 11 01 019 Rates Fringes BRICKLAYER; MARBLE SETTER.. 39.60 1.05 BRCA0018-004 06/01/2019 Rates Fringes MARBLE FINI HER ....... i ...... ♦ ♦ . ■ 33.43 14.11 TILE FINISHER. HER. i . • 4 . . . . . . ► . • # ■ . . • .+ .2 12.65 TILE LAYER......re•. .. ..... 44 40.07 18.36 BRCA001 - 010 09/01/2020 Rates TERRAZZO FINISHER 33.66 TERRAZZO ORr ER/SETTER• ... ♦ 41.60 Fringes 14.20 14.73 CARP0 13 - 00 07/01/2021 Rates Fringes https:/Jsam.go fwa e-cletermin tion/ A 0 10001/182/25 130 of 317 11 / / 1, 4r 1 PM SAM.gov Drywall 1 Work on wood framed construction of single family residenes, apartments or condominiums under four stories Drywall Installer/Lather...$ 32.14 16.28 Drywall Stocker/Scrapper... 22.16 8.62 ---------------------------------------............ CARPO 1 -002 07/01/2021 Rates Fringes Drywall 2 All other work Drywall Installer/Lather...$ 42.80 Drywall Stocker/Scrapper„. 3.07 - _i I_ 11 rF w i. .. 16.28 8.62 CARP069 -003 07/01/2021 Rates Fringes CARPENTER (1) a##.«««a....•#•.«i 51.53 16.28 Commercial Building....$ 46.30 16.28 3 Heavy & Highway ........$ 51.40 16.28 (4) Residential Carpenter..$ 38.47 16.28 (5) Residential Insulation Installer .$ 24.16 15.76 PILEDRIVERI AN « « « « .. « « $ 51.53 16.28 CARP0619-004 07/01/2021 Diver Rates Fringes 1 We t. t r..# t r r r t.• t t... t r. 831.20 16,28 Standby 444.24 16.28 (3) ! ender . . ■ a . . r ■ . . • • . . . . . 436.24 16.28 (4) Assistant Tender$ 412.24 16.28 Amounts in ""Rates' column are per day CARP0; 1-001 07/01/2021 Rates Fringes Modular Furniture Installer $ 21.85 7.15 CARPI 07-004 07/01/2021 Rates Fringes 1ILLWRIGHT....................... $ 51.90 16.48 ELE0S+6-001 06/01/2021 Rates Fringes Electricians (Tunnel Work) Cable Splicer...............$ 54.36 3 1 4, 8 Electrician $ 53.61 3%4-14,88 Electricians: (All Other work, Including 4 Stories Residential) https :I/am.go /wa -d terrain t io niCA202 10001/1 8 3/25 131 of 317 1112121, 4: 1 PM SAM.gov Cable plicer....... 48.40 Electrician..,... i } + ■ • * 44,,P4 47} EL.E OS 9-- 04 0 1 2021 3 +14. 88 3%444.88 Rates Fringes ELECTRICIAN (Sound & Communications Sound Technician),.... w„*, *. *„ 1 .....$ 35.20 13.84 SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, freuency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics. ELE S 9-0 5 06/01/2021 Rates Fringes Sound & Communications Sound Technician............$ 35. t 13.84 SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, freuency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics. SOUND TECHNICIAN: Terminating, operating and performing final check-out ELE O5 9-00 02'22 20 1 Work on street lighting; traffic signals; and underground systems and/or established easements outside of buildings Rates Fringes Traffic signal, street light https:// angov!wage-d t rmination/ 20210001110 4/25 132 of 317 11/ 1 1,4: 1 PM SAM.gov and underground work Utility Technician #1......0$ 35.17 9.01 Utility Technician #2 . ...... $ 28.60 .8 STREET LIGHT & TRAFFIC SIGNAL WORK: UTILITY TECHNICIAN #1: Installation of street lights and traffic signals, including electrical circuitry, programmable controller, pedestal -mounted electrical meter enclosures and laying of pre -assembled cable in ducts, The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for Manholes, street lights and traffic signals. UTILITY TECHNICIAN #2: Distribution of material at jobsite, installation of underground ducts for electrical) telephone, cable TV land communication systems. The setting, leveling, grounding and racking of precast manholes, handholes and transformer pads. ELECDS 9 00 P 20 1 Rates Fringes ELECTRICIAN (Residential, 1-3 Stories) ... , 4 37.28 .98 ELE 1 45-o@1 { 1 20 1 Rates Fringes LINE CONSTRUCTION 1 Lineman; Cable splicer.. $ 60.19 21.94 2 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead underground distribution line equipment). 000...$ 48.08 20.73 (3) roundman 36.76 20.33 (4)Powderman............,$518718.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV001 -e l 01/01 2021 ELEVATOR MECHANIC. . . . ■ . E ■ # . . . Rates Fringes ...$ 59.32 3 5 . - a i-b FOOTNOTE: a. PAID VACATION: Employer contributes of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day) Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. https:I/sar .ge !wage-determinationi A20 10001/1 5/25 133 of 317 11/2/21, 4:51 PM SAMigov ENt001-£0 07/01/2020 OPERATOR: (All Other GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP OPERATOR: Power Equipment Work) *..•!#....#.•$ 4.25 $ 49.03 $ 49.32 $ 50•1 • • $ 48,96 .•.$ 51.03 $ 51.14 • ..#..•••••••$ 49.2 9 i # r # • . . • . • • # • 51.26 • ..•• $ 49.41 51.43 0..........7#.9..0• $ 51.53 ..$ 51.56 ..••........$ 51.64 .......... .$ 51.76 ...$ 51.93 .. 52.03 ••..••..###...$ 52.14 52.26 Rates 2 3 4 5# 6 8 9 10 11 12 13 14 15. 1. 17. 18. 19. 20 21. 22. 23. • • . # . • • aid • . # ♦ • # # . • • • ■ . . • • • • • • r • • . • . • • .••...#..•••.....i$ 52.43 ........ $ 52.53 . . . . • . . . • . . • . • . • . • $ 52.64 24 # . . . • a . • • # . r • a • • r • # • 52.76 256•0.1*.l.•!•r..«0#•.•4 52.93 Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1..009•40044106000044 49.60 GROUP 2 i $ 50.38 GROUP 3•••0.0•••4••...00004 50.67 GROUP 4 $ 50.1 GROUP 5.i r ■•..•i.•...■.. r• ' 51.3 GROUP 6.••a..r..•..•• . $ 51.14 GROUP 7........ ....#...$ 51.26 GROUP 8... .•I..4.4. 1 0 0000$ 51.43 GROUP 9... .....•.........$ 51.60 GROUP 10..•.• $ 52•60 GROUP 11...•.....•••••0•0.#$ 53.60 GROUP 12....a.. $ 54.60 GROUP 13„.....„. r . . . . • i .• 55.60 Fringes 27.20 27,20 27.20 27.20 25.25 27.20 27.20 25.25 27.20 25.25 27.20 27.20 27.20 27.20 f] 27■20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 OPERATOR: Power Equipment (Tunnel Work) GROUP ............. $ 50.10 27.20 GROUP 2 50.88 27.20 GROUP 3r. $ 51.17 27.20 GROUP 4. • . $ 51.31 27.20 GROUP 5........ ...••...... •' 51.53 27.20 GROUP 6.... 51.64 27.20 GROUP 7#40011...00.00*4.....4 51.76 27.20 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo Edwards AFB, 29 Palms Marine Base and Camp Pendleton https:f/sam.gcv/wage-deterrnin tion1OA20 1000111 6/25 134 of 317 111 / 1, 4: 1 PM AM.gov Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT. OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes toed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Purnp operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler 0ROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with d ra type attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Bo nian or niixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Te orna super econornatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Te oma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; llaginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete) Clary -Johnson -Bidwell or similar); Micro tunnel system https://sam.gov/wage-determin tikn/ A 0 10001 /18 7125 135 of 317 11/2/21, 4:51 PM SAM.gov (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish)) rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; 5kiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator 1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP B: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small. ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plantoperator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 70, 800 auger or similar types - drilling depth of 6 ' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo bailiste regulator or similar type; Kalman belt loader and similar type; Le Tourneau blab compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (sel-F-loading paddle wheel type -John Deere, 1040 and similar single unit); Self - propel lell curh and gutter machine ope►ratnr; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar --bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over,6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types--Texorna 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LD 350 (or similar types); Monorail https://san goviwage-det rrnination/ A 0 10001/1 8/25 136 of 317 11 /2/21, 4: 1 PM SAID. g ov locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine) Multiple engine tractor operator (Euclid and similar type -except Quad cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth roving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder Certified. GROUP 1 ; Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 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 operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over S0 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) http :/l rn.go /wage-deterr ination/ A20 10001/19/25 137 of 317 111 / 1, 4:51 PM SAM.gov GROUP 19: Rotex concrete belt operator (or similar types), Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid) Athey Wagon and similar types with any and all attachments over 25 yds .and up to and including 5 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine) Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 3 Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) CROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds, struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes toed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator(jobsite) GROUP 4: Bridge -type unloader and turntable operator; https://sam.goer/wage-deterrnrn tion/ 0 1 o001 /18 10/25 138 of 317 11f/21r4:1P1 SAM.gov Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator agtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold or similar type) ; Shovel, backhoe, dragline, clarishel]. operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. arc); Tower crane repair; Tugger hoist operator 3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 . ton capacity); ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tans and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: 5 iploader (wheel type up to 3/4 yd, without attachment) GROUP 2: Power -driven jumbo fora setter operator http :J/ n.govJ -d t rmiriationI A2O 10001/1 11/25 139 of 317 11/2/ 1, 4: 1 PM SAM.c ov GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator 1 drum); Tunnel locomotive operator (over~ 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including /4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (they, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber --tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of 1-15 and the California State line at that point which is the NW corner of Section 1, T17N, m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of section , T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T 5S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, 1-745, R4OE, MDPC Continue W along the Inyo and Kern county boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T245, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T55, R32E, MDM. Continue S following R32E lines to the NW corner of T315, R32E, MDM. Continue W to the NW corner of T315, R31E, MDM. Continue 5 to the SW corner of T325, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T3.5, R0E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of TUN, R7W, 5BM. Continue 5 to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue 5 along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tis, SBM Riverside County Line) to SW corner of T1S, Rl0E, SBM. Continue S along west boundary of R1E, SBM to Imperial County line at the SW corner of T S, R1OE, SBM. Continue W along Imperial and Riverside county line to NW corner of TS, R9E, SBM. Continue 5 along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state https://sam.gov/wag e-determination/ A2 01000111 8 12/25 140 of 317 4:51 PM SAM.gov 1 line. Follow the California state line west to Arizona state line) then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N) R14E, SBM 1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholarne, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R1E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T 0S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T1S, R1E, MDM. Continue S along West side of R1BE, MDM as it crosses into San Bernardino Meridian numbering area and becomes ROW. Follow the west side of R3OW, SBM to the SW corner of T N, R301/, SBM. Continue E along the south edge of T N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W3 SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R244, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N) R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R2114, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T325, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T325 MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM) continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County, Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R1E, IIDM, 2. D0 additional per hour for INY0 and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TAN, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TS, R2E, MDM, Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Iny►o and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 61 T25 , R42E, MDM. Continue S to that point which i the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian* Then continue NW along https // am, ov r+rage-d t rmi n ation/ A o 10001/1 B 13/25 141 of 317 11/ (1, 4:51 PM SAM.gov the state line to the starting point, which is the center of Section 1, T1ON, RE, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI0 1 -004 0 /01 0 0 Rates Fringes OPERATOR: Power Equipment (DREDGING) 1 L e e ma r ♦ ♦ • . . . • . . . . . . ♦ . 5 . 4 O 30.00 (2) Dredge dozer...... $ 50.43 30.00 (3) Deckmate $ 50.32 30.00 (4) Winch operator (stern winch on dredge)...... $ 49.77 0.00 (5) Fireman -Oiler, Deckhand, Bargeman, Le a hard.t#0...11..,.,.####,$ .3 30.00 6) Barge Mate...... $ 49. 4 30.0 I RON0 9 - }01 / 01 ' 0 1 Rates Fringes IRONWORKER Fence Erector...............$ 38.08 Ornamental, Reinforcing and Structural. .............. $ 43.00 PREMIUM PAY: $6 $ 00 additional per hour at the following locations 24.91 33.55 China Lake Naval Test Station, Chocolate Mountains Naval Reserve4iiland, Edwards AFB, Fort Irwin Militar ► Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanvil.le Federal. Prison, 29 Palms - Marine Corps, U.S. Marine Base Barstow, U.S. Naval Air Facility - Seale „ Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey) Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00089-001 0 01 020 Rates Fringes LABORER (BUILDING and all other Residential Construction) Group 1........ .......•..•..$ 34.18 20.48 Group 2......, , 4 9104.1.94‘,4 34.86 0.4 8 Group 3 35.57 20.48 https:flsam.gov/wage-determination/ o 10001 /1 14/25 142 of 317 111 / 1, 4: 1 PM sAm1430v Group 4 $ 36.37 20.48 gaup. f..,,+„t.,0001t000, .4 8 LABORER (RESIDENTIAL CONSTRUCTION - See definition below) 1 Labol err , , . • a . t . f . . w • . ! . 0.82 18. (2) Cleanup, Landscape, Fencing (Chain Link & Wood).$ 29.53 18.80 RESIDENTIAL DEFINITION: Wood or metal frame construction of single family residences, apartments and condominums - excluding (a) projects that exceed three stories over a garage level, (b) any utility work such as telephone, gas, water, sewer and other utilities and (c) any fine grading work, utility work or paving work in the future street and public right-of-way; but including all rough grading work at the job site behind the existing right of way LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for Rought Strike -off; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laborer; General Laborer; General clean-up laborer; Landscape laborer; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks); Plugging, filling of Shee-bolt holes; Dry packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; slip form raisers; Slurry seal crews (mixer operator, applicator operator, squeegee rnan, Shuttle man, top man), filling of cracks by any method on any surface; Tarman and mortar man; Tool crib or tool house laborer; Window cleaner; Wire Mesh puling -all concrete pouring operations GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute man, pouring concrete, the handling of the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer -impervious membrane and form oiler; Cutting torch operator (demoliton); Guinea chaser; Headboard man-asphlt; . Laborer, packing rod steel and pans; membrane vapor barrier installer; Power broom sweepers (small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaner; Tree climber, faller, chain saw operator, Pittsburgh Chipper and similar type brush shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 1/2 feet drill steel or longer; Dri Pak -it machine; High sealer (including drilling of same); Hydro seeder and similar type; Impact wrench, rnult-plate; Kettlemen, potmen and mean applying asphalt, lay-kold, creosote, line caustic and similar type materials (applying means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing; Operators of pneumatic, gas, electric tools, vibratring machines, pavement breakers, air blasting, come -along, and similar mechanical tools not separately classified herein; Pipelayers back up man coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and https:I/sam,goer!wage-determination/O. B 1 B001/1 15/25 143 of 317 11 /2/2'1, 4: 1 PM SAM.gov any and all other services; Rotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; Tampers, Barko, Wacker and similar type; Trenching machine, handpropelled GROUP 4: Asphalt raker, luterman, ironer, apshalt dumpman and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), Grinder or sander; Concrete saw man; cutting walls or flat work, scoring old or new concrete; Cribber, shores, lagging, sheeting and trench bracing, hand -guided lagging hammer; Laser beam in connection with laborer's work; Oversize concrete vibrator operator 70 pounds and over; Pipelayer performing all services in the laying, installation and all forms of connection of pipe from the point of receiving pipe in the ditch until completion of oepration, including any and all forms of tubular material, whether pipe, metallic or non --metallic, conduit, and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster noz leman , Porta shot -blast, water blasting GROUP 5: Blasters Powderrnan-A11 work of loading holes, placing and blasting of all power and explosives of whatever type, regardless of method used for such loading and placing; Driller --all power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power. LAB00 S -002 11 01/20 0 Rates LA.BOI ER (MASON TENDER)........... $ 33.00 LAB0008-04 07/01/2020 HEAVY AND HIGHWAY CONSTRUCTION Fringes 19.23 Rates Fringes Laborers: Croup 1 $ 35.30 Group 2.........6....6...•'$ 35.76 Group 3....,...... 36.17 Group 4.•••6446.... $ 37.01 Group 5 $ 40.28 LABORER CLASSIFICATIONS 20.48 20.48 20.48 20.48 20.48 GROUP 1: Laborer: General or Construction Laborer, Landscape Laborer. Asphalt Rubber Material Loader. Boring Machine Tender (outside), Carpenter Laborer (cleaning, handling, oiling & blowing of panel forms and lumber), Concrete Laborer, Concrete Screeding for rough strife -off, Concrete water curing. Concrete Curb & Gutter laborer, Certified Confined Space Laborer, Demolition laborer & Cleaning of Brick and lumber, Expansion Joint Caulking; Environmental f emediatlon3 Monitoring Well, Toxic waste and Geotechnical http :ll m.go l ra -de erm ination/ A20210001 /10 16/25 144 of 317 111 / 1, 4: 1 PM i.gov Drill tender, Fine Grader, Fire Watcher, Limbers, Brush Loader, Pilers and Debris Handlers. flagman. Gas Oil and Water Pipeline Laborer. Material Hoseman (slabs, walls, floors, decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; Post Haler Digger (manual); Railroad maintenance, repair trackman, road beds; Rigging & signaling; Scaler, Slip -Form Raisers, Filling cracks on any surface, tool Crib or Tool House Laborer, Traffic control (signs) barriers, barricades, delineator, cones etc.), Window Cleaner GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1 yd. or larger mixers and handling bulk cement); Concrete curer, impervious membrane and form oiler; Chute rnan, pouring concrete; Concrete cutting torch; Concrete pile cutter; driller/Jackhammer, with drill steel 2 1/' 2 feet or longer; Dry pak-it machine; Fence erector; Pipeline wrapper, gas, oil, water, pot tender & form man; Grout man; Installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Irrigation laborer; r ettleman--Potrnan hot mop, includes applying asphalt, lay-klold, creosote, lime caustic and similar tyhpes of materials (dipping, brushing, handling) and waterproofing; Membrane vapor barrier installer; Pipelayer backup man (coating, grouting, making of joints, sealing caulkiing, diapering including rubber basket joints, pointing); Rotary scarifier, multiple head concrete chipper; Rock stinger; Roto scraper & tiller; Sandblaster pot tender; Septic tank digger/installer; Tarnper/wacker operator; Tank scaler & cleaner; Tar man & mortar man; Tree climber/faller, chainb saw operator, Pittsburgh chipper similar type brush shredders. GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile Man, Bushing hammer; Compactor (all types) , Concrete Curer - Impervious membrane, Form Oiler, Concrete Cutting Torch, Concrete Pile Cutter, Driller/Jackhammer with drill steel 1/2 ft or longer, Dry Pak -it machine, Fence erector including manual post hole digging, Gas oil or water Pipeline Wrapper - 6 ft pipe and over, Guradrail erector, Hydro seeder, Impact Wrench man (multi plate), kettleman-Potman Hot Mop includes applying Asphalt, Lay -old, Creosote, lime caustic and similar types of materials (dipping, brushing or handling) and waterproofing. Laser Beam in connection with Laborer work. High Scaler, Operators of Pneumatic Gas or Electric Tools, Vibrating Machines, Pavement Breakers, Air Blasting, Come-Alongs and similar mechanical tools, Remote -Controlled Robotic Tools in connection with Laborers work. Pipelayer Backup Man (Coating, grouting,m nakeing of joints, sealing, caulking, diapering including rubber gasket joints, pointing and other services). Power Post Hole Digger, Rotary Scarifier (multiple head concrete chipper scarifier), Rock Slinger, Shot Blast equipment 8 to 48 inches), Steel Headerboard Mart and Guideline Setter, Tamper/Wacker operator and similar types, Trenching Machine hand propelled. GROUP 4 ► Any worker exposed to raw sewage. Asphalt Raker, Luternan, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete Core Cutter, Concrete Saw Man, Cribber, Shorer, Head Rock Slinger. Installation of subsurface instrumentation, monitoring wells or points, remediation system installer; Laborer, asphalt -rubber distributor bootman; Oversize concrete vibrator operators, 70 pounds or over. Pipelayer, http :// am. ov/wage-dete rmiriation/ A 0 10001 / 18 17/25 145 of 317 11/2/21, 4: 1 PM SAM.gov Prfefabricated Manhole Installer, Sandblast Nozzleman (Water Balsting-Porta Shot Blast), Traffic Lane Closure. GROUP 5: Blasters Powderman-All work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Horizontal directional driller, Boring system, Electronic traking, Driller: all power drills excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and all other types of mechanical drills without regard to form of motive power. Environmental remediation, Monitoring well, Toxic waste and Geotechnical driller, Toxic waste removal• Welding in connection with Laborer's work. LABOO 0-005 0 1 0 1 Rates Fringes Asbestos Removal Laborer•.•...••.$ 37.49 21•i.i SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB00345-001 07/01/2021 LABORER (GUNITE) GROUP 1 Rates Fringes • • • • ■ t • • • • • • • • • • • • • • •$ 46.50 GROUP 45.55 GROUP 3.... • • • r • s • • r a w r • r • r • 42.01 20.42 20.42 20.42 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn' n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 5' -"" above base level, that work performed above the 5 1 _,r level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LABo 11 4- 001 7 01 1 https://sam.govMage-determination/ O 10001/18 18/25 146 of 317 inat t 4:51 PM AM igov Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer$ 38.89 17.10 (2) Vehicle Operator/Hauler39.06 17.10 3 Horizontal Directional Drill Operator 40.91 17.10 (4) Electronic Tracking Locator 42.91 17.10 Laborers: (STRIPING/SLURRY SEAL) GROUP . . . . . . . . ■ . . . . . . ■ . ■ . . . $ 40 . 1 20.12 GROUP 2 ..... $ 41.40 0.1 GROUP r . .. . . . # .. ■ ■ r . . i . . ■ ■ 4 B . 4 1 0.12 CROUP 4...„ . . • . . . . . . . . . . . F • 45.15 20.12 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; ca rstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thereto plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment LAB 1414-00 08/05/2020 Rates Fringes LABORER PLASTER CLEAN-UP LABORER.... 36.03 21.01 PLASTER TENDER .....,....*...$ 3 . 8 21.01 Work on a swing stage scaffold: $1.00 per hour additional. Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air http ://sam.gc /wa a-d termination/ A2B 100 1/1B 19125 147 of 317 11f i 1, 4. 1 PM SAMigov Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility -Seeley) North Island Naval Air Station, Vandenberg AFB. PAIN0 BG-001 07 01 2020 Rates Painters: Including Lead Abatement) 1 Repaint (excludes San Diego ountyr)... , . $ 29.59 (2) A11 Other Work. • • . i . 4 . • 4 $ 33.12 Fringes 17.12 17.24 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN00 6-010 10/01 0 1 Rates Fringes DRYWALL FINISHER/TAPER 1 Building & Heavy Construction. $ 37.14 20.90 (2) Residential Construction (Wood frame apartments, single family homes and multi --duplexes up to and including four stories).„„ ,.....$ 32.27 14.70 r rr •r ar r — a.r .............................. PAIN00 -012 10 01 0 0 Rates Fringes GLAZIER. 45.55 18.06 PAIN00 -01 01 0.1 021 SOFT FLOOR LAYER Rates Fringes $ 33.52 17.59 PLAS0200-005 f 8 04 2 21 Rates Fringes PLASTERER4.4.«+...............•4•$ 45.77 18.39 NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS BASE, IMPERIAL BEACH NAVAL AIR STATION: $ .00 additional per hour. ....... ................................... — — — — PLAS0500-0 1 07/01/2018 — r1 Rates Fringes 56. http :l/ am, ovlwa ..det rmination/ A 0 10001/120/25 148 of 317 11/11,4: 1PM SAMigov CEMENT MASON/CONCRETE FINISHER GROUP 1 . . . . • a • . . . i a i . a • . . . . • .34 1 . # I GROUP .. .•■a.a..•. . .9 19•7 GROUP 3. 30.07 21.12 CEMENT MASONS work inside the building line, meeting the following criteria: GROUP 1: Residential wood frame project of any size; work classified as Type III, IV or Type V construction; interior tenant improvement work regardless the size of the project; any wood frame project of four stories or less. GROUP 2: Work classified as type I and II construction GROUP 3: All other work, PLU i001 -00 09/01/2021 Rates Fringes PLUMBER, PIPEFITTER, STEAMFITTER Camp Pendleton; Vandenberg Air Force Base..............$ 5.33 Work ONLY on new additions and remodeling of commercial buildings, bars, restaurants, and stores not to exceed 5,009 sq. ft. of floor space......$ 52.20 Work ONLY on strip malls, light commercial, tenant improvement and remodel work■.........••i.....••#.,# 25.36 24.38 39.91 22.71 All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial., tenant improvement and remodel work 53.83 25.36 PLUM0016-011 09/01/2021 Rates Fringes PLUMBER/PIPEFITTEI Res .dential... • .... • .. ...... 42.74 21.28 PLUM0345-01 0/01/ 2021 Rates Fringes PLUMBER Landscape/Irrigation Fitter,$ 36,85 Sewer & Storm Drain Work....$ 40.94 24,75 22.13 ROF0045.001 07/01/2021 https:// am. t v rage-determ nationI A O 100 1/1 21/25 149 of 317 11/ / 1, 4: 1 PM AM,go Rates Fringes ROOFER 37.75 10.24 SFCA0669-001 04 01 20 1 Rates Fringes SPRINKLER FITTER. 'die .*+st....... 43.01 - - - - - - - - ........... - - _ w — M .............. - r 5HEE0206-001 07/01/2020 SHEET METAL WORKER Camp Pendleton........... Except Camp Pendleton.. De Sheet Metal Technician. *I 24.62 Rates Fringes ... 42.62 ...$ 40.62 ... 30.51 29.55 29.55 9.49 SHEET METAL TECHNICIAN - SCOPE: a. Existing residential buildings, both single and rnult1-family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi -family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of commercial buildings, after completion of the building shell TEAM }166-001 09/01/2019 Truck drivers: GROUP 1. r r . r . ♦ . . . . GROUP 2. . CROUP 3*.. ............. CROUP 4.4...... GROUP 5 GROUP 6 GROUP 7 Rates ....... 18.90 ....$ 26.49 . ..$ 26.69 .. . ► . r • . ♦ t . . p 26.89 27.09 44 . . . 4 . . . 4 . *, 27.59 29.09 Fringes 34.69 34.69 34.69 34.69 34.69 34.69 34.69 FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat certification is required, shall be paid, in addition to the classification working in, as follows: Levels A, B and C - 41.00 per hour. Workers shall be paid hazmat pay in increments of four 4 and eight () hours. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Fuel Man, 9warnper GROUP 2: 2-axle Dunip Truck, .--axle Flat Bed„Concrete Pumping Truck, Industrial Lift Truck, Motorized Traffic Control, Pickup Truck on 3obsite CROUP 3: 2-axle Water Truck, 3-axle Dump Truck, 3-axle Flat Bed, Erosion Control Nozleman, Dump Crete Truck under 6.5 https:llsarn go age-deter"minationl A 0 1000l/18 22/25 150 of 317 11//104:1PM SAMAcw yd, Forklift 15,000 lbs and over, Prell Truck, Pipeline Work Truck Driver, Road Oil Spreader, Cement Distributor or Slurry Driver, Boatman, Ross Carrier GROUP 4: Off -road Dump Truck under 35 tons 4-axles but less than 7-axles, Low -Bed Truck. & Trailer, Transit Mix Trucks under 8 yd, 3-axle Water Truck, Erosion Control Driver, Grout Mier .Truck, Dump Crete 6.5yd and over, Dumpster Trucks, DW 10, DI 20 and over, Fuel Truck and Dynamite, Truck Greaser, Truck Mounted Mobile Sweeper 2-axle Winch Truck GROUP 5: Off -road Dump Truck 35 tons and over, 7-axles or more, Transit Mix Trucks 8 yd and over, A -Frame Truck, Swedish Cranes GROUP 6: Off -Road Special Equipment (including but not limited to Water Pull Tankers, Athey Wagons, DJB, B70 Wuclids or like Equipment) GROUP 7 t Repairman WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal. Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every BED hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is .1,]., injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, .domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whdigovcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a)(1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). https://s a m.go/wage-determinationI A 0 10001 /1 B23/25 151 of 317 11/ / 1 t 4: 1 PM SAM.gov Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lanes beginning with characters other than "SU" or f' "UAVG" " denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM019 - 5 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement BA governing this classification and rate. Survey Rate Identifiers Classifications listed under the "" U"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: ULA }1 -00 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number~, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: http :ll am. ovlwag -d to rminationI A O 10001 / 1 24/25 152 of 317 11/2/ 1, 4: 1 PM SAMigov an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response -From this initial contact is not satisfactory, then the process described in2.) and .) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part . Write to: Wage and Hour Administrator U.S. Department of Labor 200 onstitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party } s position and by any information (wage payment data, project description, area .practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" https:/f am.go age-deterrn natlonf , O 10001 / 1 25/25 153 of 317 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount of $1,403,820.00 for the Citywide Safe Routes to School Project, CIP No. 19-04; 2) authorizing a 15% contingency in the amount of $210,573.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 154 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 161 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount t of 1,403,82O.O0 for the Citywide Safe Routes to School Project, CIP No. 19-04; 2) authorizing a 15% contingency in the amount of $210,573.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. Contract Award - 1,403,820.00 Expenditure Account No. 296-409-500- 98-61 6 - $11403,820.00 (Citywide Safe Routes to School Project) 15% Contingency - 210 73.0O Expenditure Account No. 29-409-5g - 98- 1 - $146,966.00 (Citywide Safe Routes to School Project) Expenditure Account No. 307-409- 00- 98-61 - $63,607.00 (Citywide Safe Routes to School - NC15) DEPARTMENT: Engi-ering!Publis Works APPROVED BY: ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Finance MIS Caltrans Determination of Categorical Exclusion under 23 CFR 771.117 c): activity (c)(3), approved April 29, 2016, and revalidated May 29, 2018, and February 7, 2021. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount of 1,403, 20.00 for the Citywide Safe Routes to School Project, CIP No. 19-04. BOARD f COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/Exhibit 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution 155 of 317 �x�lanafio� On September 27, 2014, the California Department of Transportation (Caltrans) awarded a $350,000 Federal Active Transportation Program (ATP) grant for the National City SRTS Ped Enhancements Project {Project}. On October 6, 2015, City Council adopted Resolution No. 2015-148 authorizing 1) the Mayor to execute Program Supplement Agreement Number Np1 Q with Caltrans to allow for reimbursement of up to $50,000 in eligible project expenditures, and 2) the appropriation of $50,000 for the project. The remaining $300,000 would be eligible for reimbursement once the State authorized the City to proceed. The State has allocated the remaining $300,000 ($225,000 for the Plans, Specifications, and Estimate (PS&E) phase, and $75,000 for the Right -of -Way (RNV) phase) for the Project. On June 15, 2018, Caltrans issued an Authorization to Proceed to the City for the PS&E and RAN phase, establishing the date for eligible reimbursement. There is no local match requirement. On March 19, 2018, Caltrans awarded a $1,678,000 Federal ATP grant for the construction phase of the Project. On July 17, 2018, City Council adopted Resolution No. 2018-125 authorizing 1) the acceptance of Federal ATP grant funds in the amount of $300,000, and 2) the establishment of a SRTS Fund Appropriation in the amount of $300,000 and a corresponding revenue budget for the National City SRTS Pedestrian Enhancements Project. On March 9, 2021, Caltrans issued an Authorization to Proceed to the City for the Construction phase, establishing the date for eligible reimbursement. Similar to the PS&E and RAN phase, there is no local match requirement for the construction phase. On May 4, 2021, city Council adopted Resolution No. 2021-42 authorizing the Mayor to execute Program Supplement Agreement No. Not o Rev. 2 to Administering Agency - State Master Agreement No. 115O66R which is required to allow for reimbursement of eligible project expenditures through the Federal ATP grant. The improvements are based on barriers identified during a series of comprehensive Walk Audits as part of the Ciit 's SMART Foundation Plan. Pedestrian barriers identified during the walk audit include: lifted sidewalks, substandard pedestrian curb ramps, and a lack of crosswalks, pedestrian ramps, signage and signals. The project will address these barriers by providing the following enhancements: 27 high visibility continental crosswalks, 51 ADA accessible ramps with truncated domes, pedestrian crosswalk signs, and approximately 20,000 square feet of sidewalk replacement at locations near elementary schools and Granger Junior High School. Additional proposed improvements include the construction of a neighborhood traffic circle at the intersection of Newell Street 156 of 317 and E. 20th Street, with traffic calming curb extensions and speed cushions near Las Palmas Elementary School between E. 20th Street and 22nd Street. On September 30, 2021, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On October 5, 2021 and October 11, 2021, the bid solicitation was advertised in local newspapers. On October 29, 2021, four (4) bids were received by the 2:00 p.m. deadline. Tri-Group Construction and Development, Inc. was the apparent lowest bidder with a total bid amount of 1,700,000.00. Upon review of all documents submitted, Tri-Group Construction and Development, Inc. bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. The low -bid received exceeded the construction funds available through the grant, and as such staff has reduced the scope in order to reduce the budget. Specifically, the total number of AIA pedestrian ramps has been reduced from 110 to 51, and the curb and gutter line item has been reduced from 2,360 to 1,180 which still satisfies the grant. This scope reduction results in a cost reduction in the amount of $296,180, bringing the proposed construction contract award to 1, 03,820. Staff recommends awarding a contract to Tri-Group Construction and Development, Inc. in the amount not to exceed 1,403,820.00 and authorizing a 15% contingency in the amount of $210,573.00 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by winter 2022. Typically construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as contractor mobilization. Updates will be provided on the City's CIP dashboard at: https://www. nationalcit at.+ o l overnr entlor ineerinq-public- wrks. 157 of 317 LC 10 8S l Steeet Se1i Kra Lalndtt1 ML1 A4quil 20, 20.2L iU 1 k1SaM Mi% N2_1100V95E112}2 , sole Mules 13 schwl psdroVellqr\plm ehimti\611212-1014d.q Et' ONEERING OEPJRTMENT UTILITY IDEPAR TMENT'S CONSTRUCTION RECORDS SURVEYOR: SANPO KBE ELECIRIC1 [MEIN IHEIWES 1I1Amc SIGNALS & L1G1171100, UNOA $USMINCI AT&T SUU 5 1BUGTURES DIE KRUSE 5K1:7ETVIATFl AUp-IORITY, LUIS VMQCZ sTAb1 ''x rn Y1kr' � .� z 0 •Tt ,1510 r (303) &IC-1237 0.410.RICN.Pg INSPECTOR: BATE CO lPLETEO: BENCHI#ARIC1 A STANDARD 2.S` BRASS rink STAMPED 2_20 1977 (1411 1232 PER ItO9; 14492). LOCATED IN sTANLAI1 MONUMENT ri L p1 THE INTERSECTION Cf I#0D ER ATENUE 8t ISM STREET. DATUTA, NOV029 ELEVATION: 19.34' SURVETIO ON D4 /2a17 *..: lf a i' ., I1F;` :.1 7►t7T+, .1 ?_ � 5_ L iy • lord firm? HORIZONTAL CONTROL• BASIN CIF BEARINGS FOR THIS SIIRUEY JS THE CALRFORNIA °CORQIIIAT€ SYS7¢I NAd 93, ZONE 0, BETWEEN POINT NUNBERB 1232 AND 32.119 AS 5HlYog ITN RO9 14492. k•ems• : -' . •``� ID 40 E @ 0 ai I>i al I SHEET LEGEND i g wi VIMER PO U111Qhi CONTROL PLC i 1 ig i LI = 1 i i 1 _- AAA 'r. Sj 100X IMPROVEMENT PLANS - OIlY OF NATIONAL f. TY - SAFE ROUTES TO SCHOOL PEDESTRIAN ENHANCEMENTS L l E 10 65 l P16ilcd Gobs a6os, CbrisLlon Sneed. $eti jthq Layout:NC/I Auqusl 20. 2626 11till 12rrti Nrawtos 1a school pudca\0asi1n plop sheeli s11212—NC.driq CC # c q o s}1 CONSTRUCTION CENTERLINE DATA TABLE Iy N ST4733 I N 14S4`w a� aa�a4a� •u + N IC � S44 i g - $ $ $ $ R! UM t rl m 100l. IMPROVEMENT PLANS - CITY OF NATIONAL CITY - SAFE ROUTES TO SCHOOL, PEDESTRIAN ENHANCRA+MENIT$ BID OPENING SUMMARY NAME: CITYWIDE SAFE ROUTES TO SCHOOL PROJECT IPNO: 19-04 DATE: Friday, October 29, 2021 TIME; :00 P.M. ESTIMATE: $1,370,000.00 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT BID - SECURITY BONA 1 9580 San Black Diego, Group Mountain Construction California Rd. 92126 Ste. L 1,700,000 Bond Tri 2 Blue 7330 Pacific San Opportunity Diego, Engineering California & Road, Construction Suite 92111 J $1,832,900 Bond 3 PAL 2364 San General Diego, Paseo STE 104-1461 De California Engineering Las Americas 92154 Inc $2,fl2,655 Bond 4 1 Escondido, LB Civil 324 Construction, E. Valley California Pkwy 92025 Inc. $2,342,473 Bond 160 of 317 Bid Results for Citywide Safe Routes to School Project (CIP No. 19-04) Item Io. Description Unit Qty. y Try Group Construction Blue Pacific Engineering Construction PAL General Engineering Inc 1 Mobilization/Demobilization L5 1 $20,000 $35,000 $35,000 $150,00 0 Surveying and Construction Staking LS 1 $10,000 $1O000 $30,000. $30,000 $50,000 3 Signing and Striping LS 1 $30,000 $30,000 $34,000 $34,000 , 4 Traffic Control and Pedestrian$301000 $30,000 $25,000 $25,000 , } 5 Clearing and Grubbing LS $67,000 $67,000 $50,000 45, 6 LS 1 $201000 $20,000 $ 0f 00 $4,500 r 7 Construct 4" P Sidewalk per SDRSD SF - $18,240 $12$18,240 $ 8construct curb Ra p All Types EACH 6 $4,200 $25,200 $4,5D0 000 $5,175 9 onstruct " Or�r� and butter per SDPSD LF � .. $41 . $24,190 $5 $29,50 $50 $29,503 10 construct or�crete Steps per 5Dg5D 11�1- CY 2 $9,500 $19,000 $2,000 -- 11 Install Pedestrian Protecti�re Failing per DRSf t�24 LF 37 $200 _- - $7,400. $2007,400 . $644, 12 rtstru�ct 5pllt Face Block Masonry Ietainin tall T e 1 er 5Df5D -1 g yp p SF 206 $100 $20,600 $801,4{ $150 $80,900 13 a�nstruct Type D curbs Standard Plan A 7AModified per altrans er Plans LF 350 $50 �� $17,500 $55 nstrut onrete 1ledian Passageway, Type A rith Denies per altraris SSB EACH 1 $8,000 .. $8,000 $7,00015 . li#ter Island er Plans p p SF 1400 $20 $2 ,00 - $ 0 $4 ,000 $45 $63,000 construct Asphalt On rete Pa ernent TON 320 $125 $40,000 $200 $ 4,000 $125 $40,00 onstrut glass II Aggregate Base TON 1210 $43 $52,030 $60 $72,600 $60,50 i Furnish and Install Traffic Logi Speed ushior Standard Style Part # 5 -07060 - M and 5 M70613-8) or Approved Equal EACH 7 $3,000 $21,000 $1,250 $ ,750 $12,500 $g7,50� 9 construct raity detaining 1�Ilall Type � per5DR5DC-9. LF 67 $17.5 $11,725 $300 - $20,100 - $550 . $36,5 Install Pedestrian Railing per SDRSD -24 25, gipping Surface to or f rm with 11B�505..1 B LF 67 $200 $1..3,400 . $20 $�.8,4+0 345 $23,115 Remove Existing Damaged 6" Curb and replace0Q with Modified Pin on Curb $ 10 $ , 1 $ 0 22 Landscape LS 1 $20,000 $20 000 $7,000 $7,Ot3 $15 00 0 Construct 12` x 4' Filterra or Approved Equal q $22,000 $22,CJ $25,000 0 24 LS 1 $30,000 $50,000 $50,000 $15,00�0 2 5 er oral, disposal and repla i.lnsuitable Il�aterial ement of CY 5$500 $200 26 Furnish and Install Ike 14 mattEACH Luminaire an T e 15 Pole 7 I 2 $' 7 450 4 9 0 0 $ 6 500 ' $ �. 000 $ 15 000 0 0 0 0 _ 27 EACH 7 $1,000 $7,000 $700 $4,900 $1, 50$8,750 28 Furnish and Install 2" Conduit LF 415 . $ 5 . $26,975 $40 $16,600 $100 $41,500 29 Install City Furnished LED System . LF 1 $9,000 $9,000 $8,000 $8,000 $15,000 $15,000 Sub Total $629,660 $66,220 $961,593 161 of 317 _ Bid B - ADA Improvements - Conbined .( (ALL chool) : ::.. 30 Mobilization/DemobilizationMobilization/Demobilization LS 1 $20,000 $20,00 $50,000 $50,000 $25,000 $25,000 31 -Surveying and Construction Staking LS 1 $iO,000 $10 00 $30,000 $ 0,000 $8,500 $8,500 32 Signing and Striping LS 1_ . $30,000 $30,000 $36,000 $36,000 $32,000 $32,000 33 Traffic Control and Pedestrian Control LS 1 $30,000 $30,000 $40,000 $40,000 $85,000 $85,000 34 Clear and Grubbing - - - LS 1 $ 7,000 $67,000 $40,000 $40,000 $45,000 $45,000 35 Water Pollution Control LS 1 $20,000 $ 0,000 $35,000 $35,000 $4,500 $4,500 36 Construct 6" Curb and Gutter per SDRSD -2 LF 2360 $41 $961760 $5 $118,000 $45 $1 6,200 37 Construct Curb Ramp (All Types) EACH 104 $4,200 $43,80 0 $4,500 $468,000 .. $5,175 $538,200 38 Construct 4" PCC Sidewalk per SDR D - 7 - -10,1 . SF 19888 $12 $238,65 $12 $238,656 $8 $149,160 39 Construct Asphalt Concrete Pavement TON 142 $16.0 $22,720 $250 $35,500 $315 $44,730 40 Construct Class II Aggregate Base TON 284 $ 3 $12,21 $60 $17,040 $45 $12,780 41 Construct Concrete Spandrel per SDRSD -12 SF 1474 $185. $26,53223 $ 16 $ 84 $8 $.1,792 42 Construct Concrete Crass Gutter per S[ S -12 SF 120 $18 $2,1 0 $20$2,400 $35 $4,200 43 Reconstruct Concrete Curb Inlet Curb Face a SDRS D-08 EACH I 1 $5,000 $, ,.000 $3,50 $3,500 $6,500 $6,500 44 Landscape LS 1 $20,000 $20,000 $6,000 $6,000 $50,000 $50,000 45 Unclassified Excavation LS $30,000 $.30,000 $20,000 $ 0,0t 0 $35,000 $35,000 46 Unsuitable iVlaterial CV 5 $500 . $2,500 $200 $1100 $500 $20500 Sub Total $1,070,340 $1,164,680 $1,161,062 . Total $1,7001000.. :. :. $1,832,900 - 2 122,655 162 of 317 OW E i - CONTRACTOR AGREEMENT CITYWIDE SAFE ROUTES TO SCHOOL PROJECT; CIP NO. 19-04 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Tri-Group Construction and Development, Inc. ("Contractor"), 9580 Black Mountain Road, Suite L, San Diego, CA 92126, on the 16th day of November, 2021, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractoragreesto accept as full compensation for constructing the project in accordance with theseContract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. . TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions, 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or • employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 163 of 317 . AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. . WORKERS' COMPE1 TIOI INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the ,provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." . ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. B. MAINTENANCE OF AGREEMENT DO UMENT TION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the terra of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. . INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. 164 of 317 Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term ofthis Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the inforrrtion. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. have read and understood all of the provisions of this Section 15, above: (lnitial) (Initial) 165 of 317 14. AGREEMENTENT MOEIFITIt N This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Tri-Group Construction and Development, Inc. Alexandra otelo-Solis (Owner/Officer signature) Mayor, City of National City APPROVED AS TO FORM: B- ----- ----- .. Charles E. Bell, Jr. City Attorney Print name and title (Second officer signature if a corporation) Print name and title Contractor's City Business License No. State Contractor's License N. and Class Business street address City, State and Zip Code 166 of 317 EXHIBIT IBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Green boo ) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDA , Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 167 of 317 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH 81D SCHEDULE ITEMS) 168 of 317 CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that 1 am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then _ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is rithin the scope of its corporate powers. Corporate Seal: -. 169 of 317 PARTNERSHIP CERTIFICATE STATE OF _ ) COUNTY F _._.___ On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: )ss (NotarySeal) known n to me to e of the partners of the partnership that executed the within instrument, and acknowledged to e that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 170 of 317 PERFORMANCE MACE BOND D WHEREAS, , the City Council of the City of National City, by Resolution No. 201- , on the 16th day of November, 2021, has awarded IrEGroup Construction and Development, Inc,, hereinafter designated as the "Principal", the CITYWIDE SAFE ROUTES TO SCHOOL PROJECT, CIP NO. 19-04. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Four Hundred Three Thousand, Eight Hundred Twenty ($1,403,820.00I dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION ITIO lF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such 171 of 317 change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgnient is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys fee to be fired by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 20 SEAL) (SEAL) (SEAL) _(SEAL) (SEAL) (SEA!) Surety Principal 172 of 317 STATE OF PERFORMANCE BOND ATTORNEY -IN -FACT T ACKNOWLEDGEMENT E SURETY COUNTY OF )ss On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared - -- known to one to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: ._ . .Name (Type or Print): Notary Public in and for said County and State My Commission expires: 173 of 317 PAYMENT BOND WHEREAS, , the City Council of the City of National City, by Resolution No. o 1- , on the 16th day of November, 2021 has awarded Tri-Group Construction and Development, Inc., hereinafter designated as the "Principal", CITYWIDE SAFE ROUTES TO SCHOOL PROJECT, CIP NO. 19-04. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City of National City, hereinafter called the 'City", in the penal sum of One Million Four Hundred Three Thousand Ei:ht Hundred Twenty ($1,403,820.001 dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in. Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 10of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 174 of 317 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement t hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) _ (SEAL) Surety Principal 175 of 317 STATE OF ATTORNEY -IN -FACT N WLED EM ENT OF SURETY )ss COUNTY OF . ,} On this day , . , of . , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature:, Name (Type or Print): (Notary public in and for said County and State) My Commission expires: ATTACH ALL BONDS 176 of 317 11f ! 1 r 4: 1 PM SAMI.gov "General Decision Number: CA20210001 10 29, 2021 Superseded General Decision Number. CA20200001 State: California Construction Types: Building, Heavy (Heavy and Dredging), Highway and Residential County: San Diego County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Note: lender Executive Order (EO) 13658, an hourly minimum wage of $10,95 for calendar year 2021 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1) ii or the EO minimum wage rate,if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.10a)(2) - ( 0), Additional information on contractor requirements and worker protections under the EO is available at www.doligov/whd/govcontracts. Modification Number~ Publication Date 0 01 01/ 2021 1 01/08/2021 2 03/05/2021 2021 3 03/19/2021 4 04/09/2021 5 04/23/2021 6 0 /04 2021 7 0 / 11/2021 8 0 /25 2021 9 07/23/2021 10 07/30/2021 11 08/06/2021 12 08/27/2021 13 09 03 2021 14 09/17/2021 15 10/01/2021 16 10/08/2021 17 10/15/2021 http :1/sam. avtwa e-deterni nation1OA20 10001/1 B 1 /25 177 of 317 11f 12114: 1 PM 18 10/ 29/ 2021 SAM.gov * A BE000 -00 0 /01/ 021 Rates Fringes Asbestos Workers/Insulator Includes the application of all insulating materials, protective covering, coatings, and finishes to all types of mechanical systems).....$ 47.25 24.45 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls . . a # # . . . ■ . • . a ; • r r 32,09 19.66 ASBE0005-004 07 05/ 021 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 22.40 13.07 B01L0092-03 01/01/2021 BOILERMAKER. Rates Fringes .............. .......$ 46.03 38.81 BRCA0004-008 11 1 2019 Rates Fringes BRICKLAYER; MARBLE SETTER........$ 39.60 18.05 BRCAO 18-004 06/01/2019 Rates MARBLE FINISHER.................. 33.43 TILE FINISHER .•i.•..•......, 28.23 TILE LAYER• .}... • .■#...*.. 40.07 Fringes 14.11 12.65 18.36 BR A0018-010 09 01 2020 Rates TERRAZZO FINISHER... ...... ...3. 6 TERRAZZO WORKER/SETTER 41.60 CARP0213-003 07 01 2021 Fringes 14.20 14.73 Rates Fringes https://sam.goer/wage-determination/ A 0 10001118 2/25 178 of 317 1112121 F 4: 1 PM sAmAcq Drywall (1) Work on wood framed construction of single family residences, apartments or condominiums under four stories Drywall Installer/Lather...Installer/Lather...$ 32.14 16,28 Drywall Stocker/Scrapper...$ 22.16 . ARP 19.002 07/01/2021 Rates Fringes Drywall (2) All other work Drywall Installer/ Lather... $ 42.80 Drywall Stocker/Scrapper... $ 23.07 16.28 8.62 CARP0619-003 07/01/2021 Rates Fringes CARPENTER 1 Bridge $ 51.53 16.28 2Commercial Building$ 46.30 16.28 Heavy & Highway ▪ $ $ 51.40 16.28 (4) Residential Carpenter• $ 38.47 16.28 (5) Residential Insulation Installer$ 24.16 15.76 PILEDRIVER) AN ..... $ 51.53 16.28 CARP 19-004 07/01/2021 Diver Rates Fringes 1 Wet.....................$ 831.20 16.28 (2) Standby 444.24 16.28 (3) Tender$ 43 .24 16.28 (4) Assistant Tender$ 412.24 16.28 Amounts in "„Rates' column are per day CARP072I-001 07/01/2021 Rates Fringes Modular Furniture Installer...... $ 21.85 7.15 CARP1607-004 07/01/2021 MILLWRIGHT. Rates Fringes • POW. . . . . . • # . # . . . . • ! $ 51.90 16.48 ELE DS -0 1 6 1 2 21 Rates Fringes Electricians (Tunnel Work) Cable Splicer $ 54.36 +3%+14. 8 Electrician $ 53.61 3%414f88 Electricians. (All Other Work, Including 4 Stories Residential) http :/Jsa .gov/ age-det rminationl A2O 10001/183/26 179 of 317 11/2/21, 4: 1 PM SAMigov Cable Splicer. ..............$ 48.40 %+14.8 Electrician........... » ..... 47.653'4+14.88 ELEC05 -- 4 06/01/2021 Rates Fringes ELECTRICIAN (Sound & Communications Sound T ri .are ....,. .... . .. ... 35.20 13.84 SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, freuency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics. ELE O5 9-005 06 01 2021 Rates Fringes Sound & Communications Sound Technician 35.20 13.4 SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, freuency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics. SOUND TECHNICIAN: Terminating, operating and performing final check-out ELEC0S6 -006 02 2 20 1 Work on street lighting; traffic signals; and underground systems andor established easements outside of buildings Rates Fringes Traffic signal, street light https :// am. gv lwage-determ in ati on/ A 0210001 / 18 4/25 180 of 317 I11 /211 4:51 PM SAM.gov and underground work Utility Technician #1.......$ 35.17 .01 Utility Technician #2.......$ 28.60 8.80 STREET LIGHT & TRAFFIC SIGNAL WORK: UTILITY TECHNICIAN #1: Installation of street lights and traffic signals, including electrical circuitry, programmable controller, pedestal -mounted electrical meter enclosures and laying of pre-assembledcablein ducts. The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights and traffic signals. UTILITY TECHNICIAN # ; Distribution of material at jobsite, installation of underground ducts for electrical,, telephone, cable TV land communication systems. The setting, leveling, grounding and racking of precast manholes, handholes and transformer pads. ELE 5 -008 08 0 20 1 Rates Fringes ELECTRICIAN Residential, 1-3 Stories ).........................$ 37.28 . 98 ELE 1 45-001 06 01 2021 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 60.19 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, baclhoes, trenchers, cranes (50 tons and below), overhead underground distribution line equipment). 2.0, .. . . . . $ 48.08 (3) Groundman 36.76 4 Powdarman......■$ 51■87 21.94 20.73 20.33 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day) Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-O01 01 01 1 Rates Fringes ELEVATOR MECHANIC $ 59.32 35. 54.a*b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6 for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. https:I/sam.go /wage-determiriatiori/ A 0 10001/15/25 181 of 317 11 /2f21, : 1 PM AM. o EN I0012-003 07 01 2020 OPERATOR: (All Other GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP Power Equipment Work) 1 • 6 • # ■ 2 3 4 6 6 4 4 4 • 6 i • 4 5. • . . 4 • • • 6 • • • • • • • . • • 4 4 • . . 9 10 6* 4 4 6 i♦ 6■ 4** 11 12 13 r • • • • . r r 6 • 6 • • r . $ 6*• I# 6 6 6•#* 4 6 1$ • • . 6 • * • * • . • $ • 4 • 4 6 • • • 4 • • 4.. . 6 i . • • 6 . . $ . 4 6 6 . $ 6 . * • 4 • 14. ...... 15 16 17 18 19 20 '.4' . • * * t • . • • r r • • • * • * • • • r • • . r . • • * 4*** • • $ ...1 .......$ • • • • • • . • • • 6 ■ t • • . • r ■ • • • $ 2 1 $ . ■ 6 • • . • # 6 6 • • 1 • 22 23 ••• 6 4 .! 4• 4 6 6**# 6 4 6 6 4 24 2 5 • t 6 • . • • • • • . • • • • • * 66 • 6 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 GROUP 2 GROUP 3. GROUP 4. GROUP 5. • • . . r • • ■ • t ■ . • • • ■ ✓ 6■•* 6•• 6 6 6 r 6••• • ♦ 6 • . 4 * • . 4 . 4 4 • • . 6 . ■ • $ • $ • • Rates 48.25 49.03 4 432 50.81 48.96 51.03 51.14 49.29 51.26 49.41 51.43 51.53 51.56 51.64 51.76 51.93 52.03 52.14 52.26 52.43 52.53 52.64 52.76 52.93 ...$ 49.60 $ 50.38 ..r$ 50.67 50.81 . 6$ 51.03 51.14 51.26 51.43 51.60 52.60 53.60 54.60 55.60 64 6 4* 66.• 4• 6 6 .4.. 110000 6,04 GROUP 6veem • . • . . • • • . • • . $ GROUP 7. • • • • . r . . 4 • • . • ..$ GROUP 8$ GROUP 9. ••••.•..•••••..•• ..$ GROUP 10 $ GROUP11r•••.6. 66•#*•#*6•• •$ GROUP 12 . . . . . . . • 6 . t i . • 6 s • • # + GROUP 13r••••••••••••••64••6 OPERATOR: Power Equipment Tunnel Work) 1 $ 2. r r 6 .. • 6 6 6 6 646• 40 6.•$ 3 GROUP GROUP GROUP GROUP GROUP GROUP GROUP 4, 5. 6. 76 4 6 6 4* 4. 4•■*••. 6 a 4 4.$ t • ■ . . • • • • • . • • 4 • * • • • $ 50.10 50.88 51,17 51.31 51.53 51.64 51.76 Fringes 27.20 27.20 27.20 27.20 25.25 27.20 27.20 25.25 27.20 25.25 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27620 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 27.20 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the following Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval. Base, Fort Irvin, Nebo Annex Marine Base, Marine Corp Logistics Base 1Yern , Edwards AFB, 29 Palms Marine Base and Camp Pendleton https:// am.goviwage-det rminat on/ A 0210001/1 6/25 182 of 317 11/ J 1, 4: 1 P 1 SAM.gov Workers required to suit up and work in a hazardous material. environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobilemixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATION POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator --inside; Engineer Oiler; Forklift operator (includes Toed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Purmp operator;Signalman; Switchman GROUP 2: asphalt --rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petroinat laydowri machine; NU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -mac or similar type); Boring machine operator; Boxman or mi erman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft. ); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP : Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickrnan (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Tecarna 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system https;l/sarn.govlwag-determinationI A 0/0001118 7/25 183 of 317 11/2/21 k 4:61 PM SAM.gov (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelinirng machine operator; Skipa.oader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 hp . flywheel and similar types, up to and including D-5 and similar types) Tugger hoist operator 1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or -Finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt --rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor. operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo bailiste regulator or similar type; Kalman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC3S0 (or similar types); Monorail http :l/ am. avlwage-deter ination1 A O 1OOO1/1 8/25 184 of 317 111 l 1, 4: 1 PM SAM.gov locomotive operator (diesel) gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator(multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder Certified. - GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator multi -engine); Pipe mobile machine operator; Rubber-tiired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two 2 or more units) GROUP 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 operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds,) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine) over 50 yds. struck); Rubber -tired earth -moving g equipment operator, operating equipment with push-pull system multiple engine, Euclid, Caterpillar and similar, over 25 yds., and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator) operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination) excluding compaction units - single engine, up to and including 25 yds. struck) http :/1 am.goer/wage-determirration1 A 0 10001/1 9/25 185 of 317 11/2/21 p 4: 1 PM SAM.gov GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid,. Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu► yds. struck), Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine; over 50 yds, struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination) excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -roving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth --moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes toed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A --frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge --type unloader and turntable operator; https://sam, ov/wage-determination/ A 0210001 f 18 10/25 186 of 317 11f l 1,4: 1 PM A . ov Helicopter hoist operator GROUP 5: Hydraulic boors truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator 1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) Lift mobile operator; Lift slab machine operator Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe„ dragline, clamshell, operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cur yds, mrc); Tower crane repair; Tugger hoist operator drum) GROUP 8: Crane operator (up to and including 25 ton capacity) Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc)„ Mobile tower crane operator (over 50 tons, up to and including 100 tons M. R . C . ); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons. up to and including 200 tons mrc; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL. CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator http :// angovIwa e-determination/ A O 10001 /1 11/25 187 of 317 11J f 1, 4:51 PM SAM.gov GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck) Slip form pump operator (power -driven hydraulic Lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP'S: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of 1 - 1S and the California State line at that point which is the NW corner of Section 1, T17N, m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt, Diablo Meridian, Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T 5S, R4 E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T 45, R4OE, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 3, T 4S, R3 E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM, Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T3 S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R W, SBM. Continue S to SW corner of T9N, R WJ SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S3 R10E, SBM. Continue S along west boundary of RI E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial. and Riverside county line to NW corner of TS, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state https:I/ am.gov/wa e-determination/ A20210001/18 12/25 188 of 317 11/ 121, 4 51 PM SAM4m, line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM 1.00 additional per hour for portions of SAN LUIS OBI PO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Choi.ame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25 , R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30 , R16E, MDM. Continue E to SW corner of T305, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R3OW. Follow the west side of UM) SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of TN, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.TN1 R414, SBMj continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 3, T7N, R4W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W„ SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of TN, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T1 N, R21W, SBM. Continue West along the north edge of TIN, SBM to the SEcorner of T3 , R21E, MDM. [T1ZN SBM is a think strip between T11N SBM and T325 MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T255, R IE, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Cqntinue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T255, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T1ON, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section , TB, RE, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 3, T.4, R37 E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T255, R4E, M+1. Continue S to that point which is the SW corner of the NW quarter of Section 6j T7, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along https:// am.go swage-determ nation/ A 0 10001/18 13/25 189 of 317 11/ l 1, 4: 1 PM SAM.gov the state line to the starting point, which is the center of Section 1, T.ON, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE Ta w r. w w ri w rr i.• w EN I0 1 .-004 08/01/2020 OPERATOR: Power Equipment (DREDGING) (1) Leve rrna n ....... ....... . Dredge dozer (3) Ceckmate.............. i (4) Winch operator (stern winch on dredge)... 4 • wo Op (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand ..... Ims Rates . $ 56.40 50.43 . $ 50.32 ..$ 49.77 Fringes 30.00 30.00 30.00 30.00 $ 49.23 30,00 6 Barge Mate $ 49.84 30.00 IR N 9-001 7 01/ 0 1 Rates IRONWORKER Fence Erector...............$ 38.08 Ornamental, Reinforcing a n dStructural..............$ 43.00 PREMIUM PAY: Fringes 24.91 33.55 $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Miland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00089-001 07 01 20 0 Rates Fringes LABORER (BUILDING and all other Residential Construction) Group 1 $ 34.18 20.48 Group 2 $ 34.86 20.48 Group 3 $ 35.57 20.48 https:llsam{gov ra e-determination/ A O21000111 B 14125 190 of 317 11/2/21, 4: 1 PM SAMigov Group 4.....i...WOO* ..... 36.37 20.48 Group 5 $ 38.30 20.48 LABORER (RESIDENTIAL CONSTRUCTION - See definition below) (1) Laborer.. 30.82 18.80 (2) Cleanup, Landscape, Fencing (Chain Link & Wood),$ 29.53 18.80 RESIDENTIAL DEFINITION: Wood or metal frame construction of single family residences, apartments and condominums - ecluding (a) projects that exceed three stories over a garage level, (b) any utility work such as telephone, gas, water, sewer and other utilities and (c) any fine grading work, utility work or paving work in the future street and public right-of-way; but including all rough grading work at the job site behind the existing right of way LABORER CLASSIFICATIONS CROUP 1: Cleaning and handling of panel forms; Concrete Screeding for Rought Strike -off; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laborer; General Laborer; General clean-up laborer; Landscape laborer; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks) ; Plugging, filling of Shee-bolt holes; Dry packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; Slip form raisers; Slurry seal crews (mixer operator, applicator operator, squeegee man, Shuttle man, top mars), filling of cracks by any method on any surface; Tarman and mortar man; Tool crib or tool house laborer; Window cleaner; Wire Mesh puling -all concrete pouring operations GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute man, pouring concrete, the handling of the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer -impervious membrane and form oiler; Cutting torch operator (demoliton); Guinea chaser; Headboard man-asphlt; Laborer, packing rod steel and pans; membrane vapor barrier installer; Power broom sweepers (small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaner; Tree climber, faller, chain saw operator, Pittsburgh Chipper and similar type brush shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 1/2 feet drill steel or longer; Dri Pak -it machine; High sealer (including drilling of same); Hydro seeder and similar type; Impact wrench, mutt -plate; Kettlemen, potmen and mean applying asphalt, lay-kold, creosote, line caustic and similar type materials (applying means applying) dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operators of pneumatic, gas, electric tools, vibratring machines, pavement breakers, air blasting,come-along, and similar mechanical tools not separately classified herein; Pipelayers back up man coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and https:/!sam.goer/wage-cletermination/ 20210001/18 1 /25 191 of 317 11/2/21, 4: I PM SAM.gov any and all other services; Rotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; Tampers, Barka, Wacker and similar type; Trenching machine, handpropelled GROUP 4: Asphalt raker, luterman, ironer, apshalt dumpman and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), Grinder or sander; Concrete saw man; cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Laser beam in connection with laborer's work; Oversize concrete vibrator operator 70 pounds and over; Pipelayer performing all services in the laying, installation and all forms of connection of pipe from the point of receiving pipe in the ditch until completion of oepration, including any and all forms of tubular material, whether pipe, metallic or non-metallic„ conduit, and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other product whatsoever and without regard to the nature of material from which the tubular material is -fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (no leman), Porta shot -blast, water blasting GROUP 5: Blasters Powderrnan-All work of loading holes, placing and blasting of all pwder and explosives of whatever type, regardless of method used for such loading and placing; Driller -all power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power. LAB0 08 -00 11 01 0 0 Rates Fringes LABORER (MASON TENDER) $ 33.00 19.23 L4B0008 -004 7/01 20 0 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes Laborers: Group 1........ . . . . 044,121.00 WOWS 35.30 Group 35.76 Group ......036.17 Group 4 37.01 Group 5.....*.....*.....40•040.28 LABORER CLASSIFICATIONS 20.48 20.48 20.48 20.48 20.48 GROUP 1: Laborer: General or Construction Laborer, Landscape Laborer. Asphalt Rubber Material Loader. Boring Machine Tender (outside), Carpenter Laborer cleaning, handling, oiling & blowing of panel forms and lumber), Concrete Laborer, Concrete Screeding for rough strike -off, Concrete water curing. Concrete Curb & Gutter laborer, Certified Confined Space Laborer, Demolition laborer & Cleaning of Brick and lumber, Expansion Joint Caulking; Environmental Remediation, Monitoring Well, Toxic waste and Geotechnical https:// am. avlwage-determinationI A2021000111 8 16/25 192 of 317 11/2/ 1 a 4: 1 PM A►f . ov Drill tender, Fine Grader, Fire Watcher, Limbers, Brush Loader, Filers and Debris Handlers. flagman. Gas Oil and Water Pipeline Laborer. Material Roseman (slabs, walls, floors, decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; Post Holer Digger manual; Railroad maintenance, repair trackman, road beds; Rigging & signaling; Scaler, Slip -Form Raisers, Filling cracks on any surface, tool crib or Tool House Laborer, Traffic control (signs, barriers, barricades, delineator, cones etc.), Window Cleaner GROUP 2: Asphalt abatement; Buggymobile; cement dumper (on 1 yd. or larger mixers and handling bulk cement); Concrete curer, impervious membrane and form oiler; Chute roan, pouring concrete; Concrete cutting torch; Concrete pile cutter; driller/Jackhammer, with drill steel 2 1r2 feet or longer; Dry pale -it machine; Fence erector; Pipeline wrapper, gas, oil, water, pot tender & form man; Grout man; Installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Irrigation laborer; Iettleman-Potrnan hot mop, includes applying asphalt, lay-kl.old, creosote, lime caustic and similar tyhpes of materials (dipping, brushing, handling) ,and waterproofing; Membrane vapor barrier installer; Pipelayer backup man (coating, grouting, raking of joints, sealing caulkiing, diapering including rubber basket joints, pointing); Rotary scarifier, multiple head concrete chipper; Rock clinger; Roto scraper & tiller; Sandblaster pot tender; Septic tank digger/installer; Tamper wacker operator; Tank scaler & cleaner; Tar man & mortar mars; Tree climber/faller, chainb saw operator, Pittsburgh chipper similar type brush shredders. GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile Man, Bushing hammer; Compactor (all types), concrete Curer - Impervious membrane, Form Oiler, concrete Cutting Torch, Concrete Pile Cutter,Driller/Jackhammer with drill steel 1/2 ft or longer, Dry Pak -it machine, Fence erector including manual post hole digging, Gas oil or water Pipeline Wrapper - 6 ft pipe and over, Guradrail erector, Hydro seeder, Impact Wrench man (multi plate, kettleman-Potman Hot Mop includes applying Asphalt, Lay --fold, Creosote, lime caustic and similar types of materials (dipping, brushing or handling) and waterproofing. Laser Beam in connection with Laborer work. High Scaler, Operators of Pneumatic Gas or Electric Tools, Vibrating Machines, Pavement Breakers, Air Blasting, Coyne-Alongs and similar mechanical tools, Remote -Controlled Robotic Tools in connection with Laborers work.. Pipelayer Backup Man (Coating, grouting,m makeing of joints, sealing, caulking, diapering including rubber gasket joints, pointing and other services). Power Post Hole Digger, Rotary Scarifier (multiple head concrete chipper scarifier), Rock Slinger, Shot Blast equipment (8 to 48 inches), Steel Headerboard Man and Guideline Setter, Tamper/Tacker operator and similar types, Trenching Machine hand propelled. GROUP 4: Any worker exposed to raw sewage. Asphalt Raker, Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete Core cutter, Concrete Saw MnaCribber, Shorer, Head Rock Slinger. Installation of subsurface instrumentation, monitoring wells or points, reniediation system installer; Laborer, asphalt -rubber distributor bootrnar; Oversize concrete vibrator operators, 70 pounds or over. Pipelayer, https:// am.go /wa e-determination/ 0/0001/18 17/25 193 of 317 111 / 1 a 4:51 PM AM. ov Prfefabricated Manhole Installer, Sandblast Noz lemon (Water Balsting-Porta Shot Blast), Traffic Lane Closure. GROUP 5: Blasters Powderman-A11 work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Horizontal directional driller, Boring system, Electronic traking, Driller: all power drills excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and all other types of mechanical drills without regard to form of motive power. Environmental remediatior , Monitoring well, Toxic waste and Geotechnical driller, Toxic waste removal. Welding in connection with Laborer's work. LABO 3 0-0 5 3/01 20 1 Rates Fringes Asbestos Removal Laborer.....,.,.$ 37,49 21.88 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations, LAB00 45 - 001 07/01/2021 Rates Fringes LABORER U IITE ) GROUP 1...#//!•/.i///.!/.!!/. 46.50 2 #4 GROUP 2 $ 45.55 20.42 GROUP . . . . . . . . . . . . . . . . . . . . . 42.01 . 4 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn' n `s Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LAB01184-061. 07/01/2021 https:// am. oviwage-determination/ A 0 10001/1 18/25 194 of 317 11/ /21, 4: 1 PM SAM,gov Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer$ 38.89 17.10 (2) Vehicle Operator/Hauler39.06 17.10 (3) Horizontal Directional Drill. Operator$ 40.91 17.10 (4) Electronic Tracking Locator t..t.•t1t$ 4.1 17.10 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 40.10 20.12 GROUP 2.....•..t...t...t41.40 20.12 GROUP 3.....• $ 43.41 20.12 GROUP 4..t•.•..40.......1$ 45.15 20.12 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP : Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars) adhesives) guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs) permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot therrno plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment LABO1414-003 08/05/2020 Rates Fringes LABORER PLASTER LEAN -UP LABORER....$ 36.03 PLASTER TENDER ..............$ 38.58 21,01 21.01 Work on a swing stage scaffold: $1.00 per hour additional. Work at Military Bates - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air https://Sam,gavlwa -determination/ A2021 0001 /18 10/25 195 of 317 11/ 1 'i, 4:51 PM SAMLFRI Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility -Seeley, North Island Naval Air Station, Vandenberg AFB. PA.I N 3 5 - 00J. 07, 1 200 Rates Fringes Painters: Including Lead Abatement) 1 Repaint (excludes San Diego County)...■....i...i.. 29.59 17.12 (2) All Other Work........ .. 33.1217,24 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAl N003-010 10/01/2021 Rates Fringes DRYWALL FINISHER/TAPER (1) Building & Heavy construction.................$ 37.14 20.90 2 Residential Construction (Wood frame apartments, single family homes and multi -duplexes up to and including four stories).................... 32.27 14.70 PA1N003-01 10/01/2020 Rates Fringes GLAZIER .. 45.55 18.06 PAIN0036-019 01 01 2021 Rates Fringes SOFT FLOOR LAYER .................$ 33,52 17.59 PLA0.00-005 004201 Rates Fringes PLASTERER. 45.77 18.39 NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional per hour. - - - - - ........... .. w - - - - ................... .. ...... - - - - - - - - - - - - - - - - PLA 0S0 }-001 7 01 2018 Rates Fringes https:fisam.govlwa a-det rmination/ A 0 1 001/1820/25 196 of 317 111212114:51PM SAM4pv CEMENT MASON/CONCRETE FINISHER GROUP ,..0....WOW* 26,34 19.77 GROUP 2..o..i e*VVIVOIF VVV4,0$ 27.99 19.77 CROUP $ 30.07 21.12 CEMENT MASONS - work inside the building line, meeting the following criteria: GROUP 1: Residential wood frame project of any size; work classified as Type III, IV or.Type V construction; interior tenant improvement work regardless the size of the project; any wood frame project of four stories or less. GROUP 2: Work classified as type 1 and II construction GROUP 3: All other work PLU I00IG-00 09/01/2021 Rates Fringes PLUMBER, PIPEFITTER, STEAMF ITTER Camp Pendleton; Vandenberg Air Force Base..■........... 58.33 25.36 Work ONLY on new additions and remodeling of commercial buildings, bars, restaurants, and stores not to exceed 5,000 sq. ft. of floor space......$ 52.20 24.38 Work ONLY on strip malls, light commercial, tenant improvement and remodel work,........„............4 39.91 •71 All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work..,....; ................ 53.83 PLUi 001 -011 09/01/2021 25,36 Rates Fringes PLUMBER PIPEFITTER Residential 42.74 21.28 PLUM0 45- l01 09/01/2021 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 36.85 Sewer & Storm Drain Work....$ 40.94 24.75 22.13 R00F0045 -001 07/01/2021 https://sam.gov/Wage-determinatio niCA0210001/18 21 /25 197 of 317 11/ /21! 4: 1 PM A i.gov Rates Fringes ROOFER.•..•* $ 37.75 10.24 F CA 9. 01 04 01 0 1 SPRINKLER FITTER...♦...♦.. Rates Fringes .•$ 43.01 24.62 SHEE0206-001 07 01 020 Rates Fringes SHEET METAL WORKER Camp Pendleton ..............$ 42.62 29.55 Except Camp Pendleton $ 40.62 29.55 Sheet Metal Technician; $ 30.51 9.49 SHEET METAL TECHNICIAN - SCOPE: a. Existing residential buildings, both single and multi -family) where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c , New multi -family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of commercial buildings, after completion of the building shell r.� ay ar as F+ ..... TEAM0166-001 001,2019 Rates Fringes Truck drivers: GROUP 1...........4491,2••.4.. 18,90 34.69 GROUP 2...fa#r••...a..6..4..$ 26.49 34.69 GROUP 3...4..4.0...441,...1•.$ 26.69 34.69 GROUP 4.•.....------- .------ $ 26.89 34.69 GROUP 5.................. ... 27.09 34.69 GROUP 6. ... ...--------- ....■$ 27.59 34.69 GROUP 7..•W.................$ 29.09 34.69 FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat certification is required, shall be paid, in addition to the classification working in, as follows: Levels A) B and C - +$1.00 per hour. Workers shall be paid hazmat pay in increments of four (4) and eight hours. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Fuel Man, Swamper GROUP 2: 2-axle Dump Truck, 2-axle Flat Bed,oncrete Pumping Truck Industrial Lift Truck, Motorized Traffic Control, Pickup Truck on Jobsite GROUP 3: 2-axle Water Truck, 3-axle Dump Truck, 3-axle Flat Bed, Erosion Control Noz 1ernan, Dump Crete Truck under 6.5 http :I/sam.go Iwage-determination/ A20 10001 f 122/25 198 of 317 11//214:1PM sAmAoll yd, Forklift 15,000 lbs and over, Prel.l Truck, Pipeline Work Truck Driver, Road Oil Spreader, cement Distributor or Slurry Driver, Bootman, Ross Carrier GROUP 4: Off -road Durnp Truck under 35 tons 4-axles but less than --axles, Low -Bed Truck & Trailer, Transit Mix Trucks under 8 yd, 3-axle Water Truck, Erosion control Driver, Grout Mixer Truck, Dump Crete 6.5yd and over, Dumpster Trucks, DW 10, DW 20 and over, Fuel Truck and Dynamite, Truck Greaser, Truck Mounted Mobile Sweeper -axle Winch Truck GROUP 5: Off --road Dump Truck 35 tons and over, 7-axles or more, Transit Mix Trucks 8 yd and over, A -Frame Truck, Swedish Cranes GROUP 6: Off -Road Special Equipment including but not limited to Water Pull Tankers, Athey Wagons, DM, B70 Wuclids or like Equipment) GROUP 7: Repairman WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13 D6, Establishing Paid Sick Leave for Federal contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the Eta, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, o►r stalling. Additional information on contractor requirements and worker protections under the EO is available at www.dol.govwhdgovcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) 11) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers'"' that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . https:// angovlwag - et rmination/ A 0 10001/1823/25 199 of 317 11 / / 1 ! 4: 1 PM SAM . ov Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with charactersother than ""SU"" or ""UAVG"" 1UAV"rr denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLLJMO1.9 -0 S 07 1/2 14. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 7 01 2 14 is the effective date of the most current negotiated rate, which in thisexample is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement BA governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU""identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: U LA 1 --0 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5 13/ 014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classifications listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAV -OH- 10 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The rest number, ®010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: hUps://s m.gov/ a e-determ inatUon/ A 0 10001 /18 24/25 200 of 317 17f 121, 4: 1 PM SAM.gov • an existing published wage determination ' a survey underlaying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional. Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. if the response from this initial, contact is not satisfactory, then the process described in 2.) and 3. should be followed, With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Oranch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue) N.W. Washington, DC 20210 2. If the answer to the question in 1. is yes) then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 FR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 onstitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" https // am,ga lwage-determination/ A 0210001/18 /2 201 of 317 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS } I. General II. Nondiscrimination Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII, Faise Statements Concerning Highway Projects I, Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements Xl. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I, GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, Lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider, Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) In all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3, A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension ! debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict Tabor for any purpose within the limits of a construction project on a Federal -aid highway unless it Is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not Include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-ald construction contracts and to all related construction subcontracts of $10,000 or more, The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1626-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4b and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 19641 as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 1 202 of 317 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 1 101 et seq.) set forth udder 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as Rs operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex color, national origin, age or disability. Such action shall Include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, andlor on -the - Job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do SO. 3, Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a, Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days foilowing their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily+ accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of _potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be `followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. lithe review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 2 203 of 317 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 14O(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, In cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor Is to obtain infor,atiori as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under, Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 6.13(b): a. The requirements of 49 CFR Part 26 and the State Dt T's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 its the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate, 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA, a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 3 204 of 317 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July, III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid constriction contracts and to all related construction subcontracts of 10, 000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom, The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. Thecontractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes, IV, DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a, All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not Tess 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 part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not Tess than those contained in the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(04 44. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Prodded, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster WH-13 1) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and acoessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which Is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (I) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and iii The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination, (2) 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 classification and wage rate including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department .of Labor, Washington, DC 20210. 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 that additional time is necessary. 3 In the event the contractor, the laborers or mechanics to be employed In the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 4 205 of 317 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b. 2 or 1. b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. if the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to thecontractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR . {a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)X2)(B) of the Davis - Bacon Act, the contractor shall 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 affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(I) The contractor shall submit weekly for each week in which any contract work Is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR . (a)()(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.ciol.gov/esalwhdiformsivvh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not Tess than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 5 206 of 317 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b,(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code, c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at Tess than the predetermined rate for the work they performed 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 Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a protect in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified In the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does riot specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification, If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at Tess than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5,16, trainees will not be permitted to work at Tess than the predetermined rate for the work performed unless they are employed pursuant to and individually registered In a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not Tess than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program, If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for Tess than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not Tess than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not Tess than the applicable wage rate on the wage determination for the work actually performed. Irr the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. o. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 6 207 of 317 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are Incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.6, 7. Contract termination: debarment. A breach of the contract clauses In 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirement. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 6 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not - be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. Byentering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12 a (1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(01). 1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.D. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5. (a) or 29 CFR 4.6, As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek In which he or she Is employed 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 one and one-half times the basic rate of pay for all hours worked In excess of forty hours in such workweek, 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. 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 or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of 10 for each calendar day an which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1.) of this section, 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under" any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work 1-lours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any Liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section, 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 7 208 of 317 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not Tess than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 FR 635.116). a. The term {'perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: 1the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prince contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude Individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section Vi is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of ail construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. . The 30% self -performance requirement of paragraph (t j is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements, VII. SAFETY: ACCIDENT PREVENTION T his p r o v i s i o n is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (3 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the Job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2.. it is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 19 6. , it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract perfomeanco to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 . . . 704). VII1. FALSE STATEMENTS CONCERNINGHIGHWAY PROJECTS T his provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FNMA-1 g 2 shall be posted on each Federal -aid highway project 3 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 8 209 of 317 "whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July I, 191 ,(39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bld/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: . That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as thecontracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING ARDIN DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participant: a. By signing and submitting this proposal, the prospective first tier participant is providing the certifcation set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If It is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted If any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," „ineligible," "participant," "person,,' "principal,, and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200, "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or genera[ contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). 'Lower Tier Participant" refers any participant who has entered Into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from _ participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that It will include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded. Parties List System website (httos://www.eols.aov/), which is compiled by the General Services Administration. 9 210 of 317 i, Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j Except for transactions authorized under paragraph (f0 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certifioation Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of Its knowledge and belief, that it and its principals: (1) Are not presently, debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly, charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)() of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in thiscertification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $ 5 000 or more - 2 CFR Parts 180 and 1200) a, By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly, rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may, pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any, time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The tears "covered transaction," „debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. {'First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective [ewer tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any, lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will Include this clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily, excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any, lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httes:i/www.eeis.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 211 of 317 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach are explanation to this proposal, XI. CERTIFICATION REGARDING DIN USE of CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1, The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a maternal representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 212 of 317 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which Is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work Is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a Job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor In the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified Job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c) above. 5. The provisions of 23 CFR633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A In every subcontract for work which Is, or reasonably may be, done as on -site work. 12 213 of 317 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the east side of the driveway adjacent to the property located at 225 E. 26th Street in order to improve visibility for vehicles exiting the driveway onto E. 26th Street (TSC No. 2021-20). (Engineering/Public Works) Please scroll down to view the backup material. 214 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021. AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the east side of the driveway adjacent to the property located at 225 E. 26th Street in order to improve visibility for vehicles exiting the driveway onto E. 26th Street (TSC No. 0 1- 0). PREPARED BY: Carla Hutchinson, Assistant Engineer - vii,. DEPARTMENT: Enini PHONE: 1 - 3+ - 3 8 EXPLANATION: See attached. APPROVED BY: 1 ub ic Works FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: Finance ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECO IMENDATION: Adopt Resolution authorizing installation of red curb "No Parking" on the east side of the driveway adjacent to 225 E. 26th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 13, 2021, the Traffic Safety Committee approved staff's recommendation curb "No Parking" on the east side of the driveway adjacent to 225 E. 26th Street. ATTACHMENTS: 1. Explanation wi Exhibit 2. Staff Report to the Traffic Safety Committee on October 13, 2021 (TSC No. 2021-20) 3. Resolution to install red 215 of 317 EXPLANATION A resident of the apartments located at 225 E. 26th Street has requested the installation of red curb "Na Parking" on the east side of the driveway adjacent to the property to enhance safety and visibility for drivers exiting the apartment driveway. The resident stated that he has witnessed several accidents due to vehicle speeds on E. 26th Street and visibility constraints when vehicles are parked on E. 26th Street too close to the apartment driveway. The resident stated that adding red curb at the apartment driveway will enhance safety and visibility. Staff performed a site evaluation. The posted speed limit for Palm Avenue is 25 mph. Staff confirmed that the 225 E. 26th Street apartments have one driveway on E. 26th Street. Staff also noticed that there is 20 feet of existing red curb "No Parking" on the west side of the driveway due to a fire hydrant. Staff measured the street slope on E. 26th Street adjacent to the property as 7%. Staff agrees that additional red curb is warranted to enhance safety and visibility at the driveway based on the existing conditions, including the existing slope of the street. The resident is aware that additional red curb will result in the lass of one (1) on -street parking space. Staff also reviewed the traffic collision history for thilocation, which confirmed there were n "reported" traffic collisions within the past four years. See attached "Traffic Collision History" summarytobl . This item was presented to the Traffic Safety Committee via Zoom platform on October 13, 2021. Staff sent notices to area residents t inviting them to Zoom -in or call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. Staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staffs recommendation to install 20 feet of red curb "No Parking" on the east side of the driveway adjacent to E. 26th Street, to improve visibility for vehicles exiting the driveway onto E. 26th Street. If approved by City Council, all work will be performed by City Public Works. 216 of 317 Location Map with Recommended Enhancements (TSC item: 2021-20) .z.rnah ':VtLn. i SUMP 225 E. 2 t" Street Apartments 20' of proposed red curb "No Parking" 7% slope roar r 1 1 LIE 10 LIE 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 13v 2021 ITEM TITLE: RE + VEST TO INSTALL 0 FEET OF RED CURB "NO PARKING" ON THE EAST SIDE OF THE DRIVEWAY Y ADJACENT TO THE PROPERTY LOCATED AT 225 E. 26TH STREET IN ORDER. TO IMPROVE . I .IEILIT _. FOR VEHICLES EXITING THE DRIVEWAY EI AY ONTO E. 26TH STREET, PREPARED BY: Carla Hutchinson, 1 Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: A resident of the apartments located at 225 E. 26th Street, has requested the installation of red curb "No Parking" on the east side of the driveway adjacent to the property to enhance safety and visibility for drivers exiting the apartment driveway. The resident stated that he has witnessed several accidents due to high speeds on E. 26th Street and visibility constraints when vehicles are parked on E. 26th Street too close to the apartment driveway. The resident stated that adding red curb at the apartment driveway will enhance safety and visibility. Staff performed a site evaluation. The posted speed limit for E. 26th Street is 25 mph. Staff confirmed that the 225 E. 26th Street apartments have one driveway on E. 26th Street. Staff also noticed that there is 20 feet of existing red curb "No Parking" on the west side of the driveway due to a fire hydrant. Staff measured the street slope on E 261h Street adjacent to the property as 7%. Staff agrees that additional red curb is warranted to enhance safety and visibility at the driveway based on the existing conditions, including the existing slope of the street. The resident is aware that additional red curb will result in some loss of on -street parking. Staff also reviewed the traffic collision history for this location, which confirmed there were no "reported" traffic collision within the past four years. Staff sent notices to area residents inviting them to Zoom -in or call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. STAFF RECOMMENDATION: Staff recommends the installation of 20 feet of red curb "No Parking" on the east side of the driveway adjacent to 225 E. 26th Street to enhance safety and visibility for drivers exiting the apartment driveway. This will result in the Toss of one (1) on -street parking space. ATTACHMENTS: 1. Public Request 218 of 317 . Public Notice . Location Map 4. Photos . Traffic collision history 2021-20 219 of 317 CALIFORNIA icr,TioNAL "ti1.1 1001 141 CORPORATE PUBLIC • EQUEST FORM Contact Information Name: Address: 7 _772- Phone: , mail: Request Information Location: Request: _t__ Lo IA 4-7151_ Attachments: Yes i -e_K -744, 4- i ct t - 41,1. e)(jLe- tel Description: Internal Use Only. Request Received By: Received via: Assigned To: _ Notes: Date: Counter/1n-Person Telephone Email i i Fax Referral: 220 of 317 October 6, 2021 Resident/Property Owner CALIFORNIA - NATIONA_L CflLy jCOflp R 2ii'i D - Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-20 REQUEST TO INSTALL 20 FEET OF "NO PARKING" ON THE EAST SIDE OF THE DRIVEWAY ADJACENT TO THE PROPERTY LOCATED AT 225 E. 26TH STREET IN ORDER TO IMPROVE VISIBILITY FOR VEHICLES EXITING THE DRIVEWAY ONTO E. 26TH STREET. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, October 13, 2021, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://us06web.zoom.us/i/83 45 9 pwd=MDITL0ZvTz /takh c+ 91 T8oyS py+ To9 Join Zoom Meeting by phone +1 7 0-707- 699 Meeting ID: 835 6455 2965 Passcode: 335095 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2021-20. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY : ch Enclosure: Location Map 2021-20 (619) 1243 National City Boulevard, National l City, CA 91950-6530 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 221 of 317 Location Map with Recommended Enhancements (TSC item: 2021-20) 1 IVIED *330 �: 225 E. 26" Street Apartments 20' of proposed red curb "No Parking" 7% slope 1' of existing red curb "No Parking" L lE 10 ZZE 225 E. 26th Street 20' of existing red curb "No Parking" due to fire hydrant 20' of proposed red curb "No Parking" Location of proposed red curb "No Parking" in front of 225 E. 26th Street (looking north) 225 E. 26th Street 20° of proposed red curb "No Parking" Location of proposed red curb "No Parking" in front of 225 E. 26th Street (looking east) 223 of 317 Traffic Collision History (NCPD Records Division) From September 20, 2017 — September 20, 2021, there have been no traffic collision on the area adjacent to 225 E. 26" Street. 224 of 317 The following page(s) contain the backup material for Agenda Item: Adoption of an Ordinance of the City Council of the City of National City, California, approving a Zone Change from Major Mixed -Use District (MXD-2) to Service Commercial (CS) and Open Space (OS), and amendment to Chapter 18.22.020 of the Municipal Code to allow for used auto sales in the CS zone for construction of a Carmax dealership on property located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805. (Applicant: Carmax) (Case File No. 2016-30 ZC, A) (Planning) Please scroll down to view the backup material. 225 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO. ITEM TITLE: -\doption of an Ordinance of the City Council of the City of National City, California, approving a Zone Change from Major Mixed -Use District (MXD-2) to Service Commercial (CS) and Open Space (OS), and amendment to Chapter 18.22.020 of the Municipal Code to allow for used auto sales in the CS zone for construction of a Carmax dealership on property located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805. (Applicant: Carmax) (Case File No. 2016-30 ZC, A) PREPARED BY: ;Martin Reeder, AICP PHONE: 619-336-4313 thic DEPARTMENT: Commun velopment. APPROVED BY: ,Director of Communi -velopment. EXPLANATION: The applicant is proposing a Carmax pre -owned automobile dealership, service building, and non-public carwash on the subject property. At the City Council meeting of November 2, 2021, the City Council introduced an Ordinance changing the project property zoning from Major Mixed -Use District (MXD-2) to Service Commercial (CS) and Open Space (OS), and amending Chapter 18.22.020 (allowable uses — commercial zones) to allow used auto sales in the CS zone subject to a CUP. The attached Ordinance needs to be adopted in order to complete the amendment process. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Environmental Impact Report (SCH# 2016111035) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: XI Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Ordinance 226 of 317 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Chapter 11.52 (Bicycles) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2021-03 A) (Planning) Please scroll down to view the backup material. 227 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Chapter 11.52 (Bicycles) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2021-03 A) PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: ,(4c DEPARTMENT: Communit % - :lopment APPROVED BY: At the City Council meeting of November 2, 2021, the City Council introduced an Ordinance amending Chapter 11.52 (Bicycles) of the National City Municipal Code. The attached Ordinance needs to be adopted in order to complete the amendment process. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance repealing NCMC Chapter 11.52 (Bicycles) BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Ordinance 228 of 317 The following page(s) contain the backup material for Agenda Item: Financial Update on Development Impact Fees. (Finance) Please scroll down to view the backup material. 229 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO.: ITEM TITLE: Financial Update on Development Impact Fees PREPARED BY: Janel Pehau, Financial Analyst PHONE: 1- 3- 0 EXPLANATION: See attached . DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE APPROVED: MIS Since 2005 the City has collected $3.6 million in development impact fees and has spent $2.55 million on various police, fire, parks and library projects. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept the report BOARD f COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 230 of 317 CALIFORNIA NANIONAL CITY NC08YDRAT Financial Update Developmental Impact Fees November 2021 WHAT ARE DEVELOPMENTAL IMPACT FEES? A development impact fee is charged by the City to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. Fees are allowed to be adjusted annually based on the increases in the cost of construction. The City has not changed its fees since they were first adopted in 2005. BACKGROUND The City of National City began collecting Development Impact fees for Police, Fire, Library and Parks in 2005. Over the last seventeen years the City has collected a combined amount of $3,603,079 of which $2,550,879 has been spent. Fees collected must be spent in a timely manner. If fees are not spent within a period of 5 years a report must be filed that explains what the fees will be spent on and when. Additionally, the City must report each year the account balances. NATIONAL CITY IMPACT FEES - AT A GLANCE Beginning Balance Revenue Expenditures Ending Balance Spent FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 FY 2009-10 0.00 174,369.00 328,859.36 327,909.73 476,743.73 615,761.73 174,369.00 154,490.36 190,084.36 148,834.00 139,018.00 633,499.80 0.00 0.00 191, 033.99 0.00 0.00 90,000.00 FY 2010-11 1,159,261.53 59,712.20 FY 2011-12 1,218,973.73 141,374.00 0.00 139,299.05 FY 2012-13 1,221,048.68 94, 827.00 193,406.38 FY 2013-14 1,122,469.30 56,444.00 39,759.95 FY 2014-15 1,139,153.35 310,408.00 7,386.00 FY 2015-16 1,442,175.35 52,457.20 1,105,060.00 FY 2016-17 389, 572.55 188,141.00 238,174.81 FY 2017-18 339, 538.74 426,242.80 294,289.04 FY 2018-19 471,492.50 85,196.00 54,223.00 FY 2019-20 502,465.50 617,415.00 198,247.00 FY 2020-21 921,633.50 Total 130, 566.00 3,603,078.72 0.00 2,550,879.22 174,369.00 328,859.36 327,909.73 476,743.73 615, 761.73 1,159,261.53 1,218,973.73 1,221,048.68 1,122,469.30 1,139,153.35 1,442,175.35 389, 572.55 339, 538.74 471,492.50 502,465.50 921,633.50 1,052,199.50 1,052,199.50 70.8% 1243 National City Boulevard National City, California 91950 City of National City Last Updated 11/03/21 Finance Department 231 of 317 -.r-« CALIFORNIA NATIONAL CIrrir li ;r - 124*COBYORATBp Financial Update Developmental Impact Fees 2,000,000.00 1,500,000.00 1,000,000.00 500,000.00 Impact Fees by Type FY2005 - FY2021 Total Expenditures Ille Total Revenue POLICE FIRE PARKS LIBRARY In Total Revenue 1,201,012.69 490,305.53 1,549,622.75 362,137,75 ■Total Expenditures 1,127,008.32 285,291.78 928,579.12 210,000.00 There are three (3) methods that were used to determine the fees collected by the City. Each method requires that the spending of funds received be restricted as follows: 1) Plan based Impact fees — can be used for new facilities that will be needed due to the increase in development. 2) Cost recovery Impact fees — can be used to pay for existing facilities if they are needed or for the new development and they have the capacity to serve the new development. 3) Incremental Expansion Impact fees — can be used for expanding facilities to serve new development such as expanding the facilities in the existing parks. The funds cannot be used for replacement but for expansion of the improvements to provide for new development. Fees for Police, Fire, Library and Parks were calculated using one or more of the methods above so the uses of the funds will vary. 1243 National City Boulevard = National City, California 91950 City of National City Last Updated 11/03/21 Finance Department 232 of 317 -4-- CALIFORNIA -� NATIONAL IT { tri r~ _� NCORPJ OR Financial Update Developmental Impact Fees POLICE BREAKDOWN All three (3) methods were used to calculate Police impact fees. Revenue and expenditures are detailed below: POLICE Beginning Balance Revenue Expenditures Ending Balance 0/0 Spent FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 Total 0.00 37,620.75 72,731.61 163,254.69 228,007.69 288,281.69 468,200.69 493,225.69 427,350.91 358,660.04 369,478.36 443,323.27 69, 520.42 138,569.47 17,905.37 43,884.37 37,105.37 1 37,620.75 35,110.86 90,523.08 64,753.00 60,274.00 179, 919.00 25,025.00 49,968.00 30,743.00 30,080.00 76,931.00 33,240.20 70,196.00 162,282.80 25,979.00 191,468.00 36,899.00 ,201,012.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 115, 842.78 99,433.87 19,261.68 3,086.09 407,043.05 1,146.95 282,946.90 0.00 198,247.00 0.00 1,127,008.32 37,620.75 72,731.61 163,254.69 228,007.69 288,281.69 468,200.69 493,225.69 427,350.91 358,660.04 369,478.36 443,323.27 69,520.42 138,569.47 17,905.37 43,884.37 37,105.37 74,004.37 74,004.37 100%_ 100%_ 100%_ 100%_ 100%_ 100%_ 100% 100%_ 100%_ 100% 100%_ 100%_ 100% _ 100%_ 100% 80.6% 0.0% 93.8% Revenue received from police impact fees totals $1,201,013 of which $1,127,008 has been spent. The funds have been used to make improvements to the Police Department building and parking structure and to purchase certain vehicular equipment. 1243 National City Boulevard National City, California 91950 City of National City Last Updated 11/03/21 Finance Department 233 of 317 -.r-« CALIFORNIA -�«- NA'7 I1ONAL Cirry, - ;24*Cp BYORAJ Financial Update Developmental Impact Fees FIRE BREAKDOWN The plan based and cost recovery methods were used to calculate Fire impact fees. Revenue and expenditure details follow: FIRE Beginning Balance Revenue Expenditures Ending Balance Spent FY 2004-05 0.00 14,933.75 0.00 14,933.75 100% FY 2005-06 14,933.75 13,906.50 0.00 28,840.25 100% FY 2006-07 28,840.25 35,910.28 0.00 64,750.53 100% FY 2007-08 64,750.53 25,663.00 0.00 90,413.53 100% FY 2008-09 90,413.53 23,867.00 0.00 114,280.53 100% FY 2009-10 114,280.53 71,297.00 90,000.00 95,577.53 100% FY 2010-11 95,577.53 13,464.00 0.00 109,041.53 100% FY 2011-12 109,041.53 19,085.00 15,620.02 112,506.51 100% FY 2012-13 112,506.51 23,271.00 89,678.76 46,098.75 100% FY 2013-14 46,098.75 11,909.00 0.00 58,007.75 100% FY 2014-15 58,007.75 30,514.00 0.00 88,521.75 100% FY 2015-16 88,521.75 13,037.00 29,561.73 71,997.02 11.3% FY 2016-17 71,997.02 27,806.00 6,208.27 93,594.75 0.0% FY 2017-18 93,594.75 63,724.00 0.00 157,318.75 0.0% FY 2018-19 157,318.75 10,293.00 54,223.00 113,388.75 0.0% FY 2019-20 113,388.75 76,997.00 0.00 190,385.75 0.0% FY 2020-21 190,385.75 14,628.00 0.00 205,013.75 0.0% Total 490,305.53 285,291.78 205,013.75 58.19% Revenue received from fire impact fees totals $490,306 of which $285,292 has been spent on items including a fire hydrant, fire apparatus, and the acquisition of a trailer that was being leased for the Squad Program. 1243 National City Boulevard = National City, California 91950 City of National City Last Updated 11/03/21 Finance Department 234 of 317 CALIFORNIA NATIONAL CITY NC08YDRAT. Financial Update Developmental Impact Fees PARKS BREAKDOWN The incremental expansion method was used to calculate Park impact fees. Revenue and expenditure details follow: PARKS Beginning Balance Revenue I. Expenditures Ending Balance Spent FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 Total 0.00 101,454.75 189,318.75 22,586.76 71,244.76 116,958.76 434,807.56 441,170.76 493,564.51 523,260.76 514,802.49 679,516.58 226,209.36 68,491.77 223,893.63 264,637.63 555,221.63 101,454.75 87,864.00 24,302.00 48,658.00 45,714.00 317,848.80 6,363.20 60,230.00 33,990.00 12,040.00 169,014.00 5,148.00 73,102.00 166,744.00 40,744.00 290,584.00 65,822.00 1, 549, 622.75 0.00 0.00 191, 033.99 0.00 0.00 0.00 0.00 7,836.25 4,293.75 20,498.27 4,299.91 458,455.22 230,819.59 11,342.14 0.00 0.00 0.00 928, 579.12 101,454.75 100% 189,318.75 100% 22,586.76 100% 71,244.76 100% 116,958.76 100% 434,807.56 100% 441,170.76 100% 493,564.51 100% 523,260.76 100% 514,802.49 100% 679,516.58 100% 226,209.36 100% 68,491.77 21.8% 223,893.63 0.0% 264,637.63 0.0% 555,221.63 0.0% 621,043.63 0.0% 621,043.63 59.9% Revenue received from park impact fees totals $1,549,623 of which $928,579 has been spent on improvements to El Toyon and Kimball parks and on the Paradise Creek enhancement project. 1243 National City Boulevard National City, California 91950 City of National City Last Updated 11/03/21 Finance Department 235 of 317 -.r-« CALIFORNIA NIviritONAL,A L, Cirry, - ;24*Cp BYORAJ Financial Update Developmental Impact Fees LIBRARY BREAKDOWN The plan based method was used to calculate Library impact fees. Revenue and expenditure details follow: LIBRARY Beginning Balance Revenue Expenditures Ending Balance ova Spent FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 Total 0.00 20,359.75 37,968.75 77,317.75 87,077.75 96,240.75 160,675.75 175,535.75 187,626.75 194,449.75 196,864.75 230,813.75 21,845.75 38,882.75 72,374.75 80,554.75 138,920.75 20,359.75 17,609.00 39,349.00 9,760.00 9,163.00 64,435.00 14,860.00 12,091.00 6,823.00 2,415.00 33,949.00 1,032.00 17,037.00 33,492.00 8,180.00 58,366.00 13,217.00 362,137.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 210,000.00 0.00 0.00 0.00 0.00 0.00 210,000.00 20,359.75 37,968.75 77,317.75 87,077.75 96, 240.75 160,675.75 175,535.75 187,626.75 194,449.75 196,864.75 230,813.75 21,845.75 38, 882.75 72,374.75 80,554.75 138,920.75 152,137.75 152,137.75 100% _ 100% _ 100% _ 100% _ 100% 100%_ 100%_ 100% 100%_ 100% 38.7% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 58.0% Revenue received from library impact fees totals $362,138 of which $210,000 has been spent on upgrades to the National City Library. 1243 National City Boulevard = National City, California 91950 City of National City Last Updated 11/03/21 Finance Department 236 of 317 The following page(s) contain the backup material for Agenda Item: Update on implementation of the Parking Action Plan for Downtown National City. (Community Development) Please scroll down to view the backup material. 237 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO. ITEM TITLE: Update on implementation of the Parking Action Plan for Downtown National City. PREPARED BY: Armando Vergara, Community Development DEPARTMENT: Community Development Director PHONE: 619-336-4415 APPROVED BY: EXPLANATION: See attached summary report. FINANCIAL STATEMENT: ACCOUNT NO. N/PN ENVIRONMENTAL REVIEW: N/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file the report, which provides a status update on the implementation of the Downtown Parking Action Plan. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Summary report w/ attachments 238 of 317 CALIFORNIA WTII\JI 1°`LiTY �NCORPORATE� National City Downtown Parking Action Plan June 2017 239 of 317 -�- CALIFORNIA NOIONALCITy NCORPORAsodTEDowntown Parking Action Plan .- ID Introduction National City's dense and compact urban form makes it a suitable environment for mixed -use and pedestrian friendly -development, and the urban core is well -served by multi -modal transportation options including public transit service that allows for many local and regional trips to be made without a car. National City desires to build on these existing assets and investments by pursuing "smart growth" planning and infrastructure policies to incentivize development patterns that are more environmentally and financially sustainable. By encouraging new development to occur around existing public transit nodes and bike/pedestrian infrastructure, National City is endeavoring to better accommodate projected future growth while minimizing quality of life impacts (e.g. traffic congestion) and fiscal impacts (e.g. new road infrastructure) associated with conventional, auto -dependent, sprawling development. In order to achieve its smart growth vision, the City is undertaking a number of initiatives, including preparation of a comprehensive Parking Management Plan as part of an update to the Downtown Specific Plan. In order to provide a proactive approach to parking management for Downtown National City, the following Parking Action Plan or "PAP" has been prepared to initiate the first phase of implementation. The PAP is designed as a two-year parking pilot program that considers unique local conditions and national best practices to address existing and future parking demand. PAP Strategies The following parking management strategies are recommended for implementation over the next two years as part of a pilot program for Downtown National City: Parking Enforcement • Route Management — develop a schedule to maximize coverage and frequency considering existing staff resources and hierarchy of duties to ensure consistent and efficient enforcement • Enforcement Technology — purchase new electric parking enforcement vehicle equipped with license plate recognition technology to provide more efficient parking enforcement Parking Capacity • Angled Parking — convert parallel parking to angled parking to increase parking capacity • Oversized Vehicle Parking Prohibitions — prohibit oversized vehicle parking on Roosevelt Avenue to increase parking capacity for employees and customers of local business and future residents Parking Utilization • Online Permit Parking Management System — implement online system to better facilitate issuance of parking permits, customer service and database management 2 240 of 317 -� CALIFORNIA NATIONAL CITy Downtown Parking Action Plan .. INCOAPOAATED • Residential Permit Parking — expand residential permit parking zones within the neighborhoods north and south of E. 8th Street to reduce spillover parking from businesses along E. 8th Street • Parking Meters — install single space parking meters on E. 8th Street between National City Blvd and "D" Avenue, and "A" Avenue between E. 7th Street and E. 9th Street to increase parking turnover for local businesses and allow for more efficient enforcement Parking Enforcement Consistent and efficient parking enforcement is critical to ensuring an effective parking management system. Inconsistent time restricted parking zones and lack of new technology has negatively impacted parking enforcement in Downtown National City. National City parking enforcement officers have recently transitioned to using handheld devices to expedite the process of issuing citations. The PAP recommends upgrading to the latest technology that links the handheld devices to an intuitive backend system to automate the citation process. In addition, the PAP recommends purchasing a new electric parking enforcement vehicle equipped with license plate recognition (LPR) technology. LPR technology allows for more efficient parking enforcement by simply scanning license plates and time stamping the images to verify whether or not parked vehicles have exceeded posted time restrictions. This technology, coupled with the new handheld devices and backend system, will allow parking enforcement officers to cover more zones in less time to ensure frequent, efficient enforcement. Parking Capacity Recent parking surveys within the residential neighborhoods north and south of E. 8th Street identified opportunities to expand parking capacity by converting parallel parking to angled parking. The PAP recommends striping angled parking on one side of the street consistent with the locations illustrated in Figure 1, which would result in a net gain of approximately 220 on -street parking spaces. As illustrated in Figure 2, the PAP also recommends prohibiting oversized vehicle parking on Roosevelt Avenue to increase parking capacity for employees and customers of local business, and future residents. Parking Utilization Maximizing parking utilization is a key component to a successful parking management program. The approach consists of implementing a variety of parking strategies to increase access to local businesses during the day, while providing overnight parking for residents after business hours. The PAP recommends implementing parking meters in business districts, combined with time restricted parking zones within one block of the meters and residential permit parking for the surrounding neighborhoods. These strategies should be implemented simultaneously, and only after ensuring appropriate resources are in place to provide consistent and effective enforcement, in order to ensure a successful pilot program. The locations for installation of single space parking meters are illustrated in Figure 3. Single space parking meters are warranted based on the results of recent parking surveys which 3 241 of 317 •� CALIFORNIA iinIONALCITy Downtown Parking Action Plan _. INCOAPOAATED indicate existing parking occupancy ratios of 80% or greater during peak periods. Figure 4 illustrates the proposed locations for expansion of residential permit parking. The PAP also recommends implementing an online permit parking management system to better facilitate issuance of parking permits, customer service and database management. The residential parking permits would be digitally linked to the LPR system using the license plates as the identifier. This will allow for more efficient enforcement and management. A fee structure for the meters and residential parking permits will be established based on review of similar programs implemented by other cities in the San Diego region, while taking into account unique local conditions and national best practices. The establishment of residential permit parking district boundaries and fee structures for meters and permits will be presented as part of a new parking ordinance for the Downtown Specific Plan Area, which will go through a formal public hearing process. Public Outreach Extensive data collection (referenced above) and public outreach activities such as public surveys, City Council presentations, workshops and open house events, have been provided as part of the Downtown Specific Plan Update, which also includes preparation of a comprehensive Parking Management Plan. These efforts have led to the development of the PAP as a pilot program to evaluate implementation of new parking management strategies for National City's Downtown. Additional research, data collection and public outreach will continue as part of the pilot program. PAP Implementation Schedule As previously stated, the PAP pilot is anticipated to be a two-year program. All of the parking management strategies outlined above will be phased in during the first year, which provides for a minimum of one full year of evaluation to determine the effectiveness of the program. Those elements of the PAP such as adopting fee schedules and establishing residential permit parking district boundaries, which require subsequent City Council action, will go through the appropriate public notification and hearing processes. 4 242 of 317 =• CALIFORNIA NATIONAL CITY CIN�nne..e emS41� Downtown Parking Action Plan Figure 1 — Locations for Conversion of Parallel Parking to Angled Parking 9TH ST CIVIC CENTER DR z 0 14TH ST COOLIDGE AVE 12TH ST HOOVER AVE 16TH ST 3RD ST 4TH ST 8TH ST 1 11TH ST 1 >1 NATIONAL CRY BLVD z zp zp U 2ND ST DIVISION ST 1ST 5T 3RD ST •I _ r1H3T WEILzti 9TH ST 00 p 16TH ST PLAZA BLVD > I5TH ST PRIVATE RD 14TH ST HIGHLAND AVE M Parking to be Converted to Angled DSP Boundary C 300 6C0f Feet 5 243 of 317 Downtown Parking Action Plan Figure 2 — Locations for Oversized Vehicle Parking Prohibitions 9TH ST CIVIC CENTER DR > z 0 14TH ST i / • • 11TH ST COOLIDGE AVE 12TH ST HOOVER AVE 16TH ST 2ND ST 3RD ST 4TH ST 5TH ST 8TH ST NATIONAL CRY BLVD ry wl al <1 r { 2ND ST DIVISION ST 1ST ST 3RD ST 4TH ST 5TH ST > 0 ,„I i i i wI l LI I OI OI i cei 15THST I 6TH ST 7TH ST Lu 8TH ST 16TH ST PLAZA BLVD 15TH ST PRIVATE RD 14TH ST HIGHLAND AVE M —Oversized Vehicle Parking Prohibited DSP Boundary 0 300 600 f. feel 6 244 of 317 Downtown Parking Action Plan Figure 3 — Locations for Single Space Parking Meters and Time Restricted Parking 2N: Si 3RD .ST 4H ST { z� Q � U D'VISION 5T 1ST ST o� in O 2ND ST 3RD S1 4TH ST SIHSI ` 5-HST j u ¢ i Q i s U 7TH ST 61HST 7TH ST i / ! I w / ET : ST - -1 w STH ST I i/ 1 1 9TH ST / 9TH ST —= > / I ¢ I o I LL I Q /� Q CIVIC CENTER DR Q z O 14TH ST COOLIDGE AVE 12TH ST HOOVER AVE 16TH ST ' z I 11TH ST I ' z I NATIc i wl wI OI o i 15TH ST 16iHST PLAZA BLVD '511'ST PRIVATE RD 14"HST HIGI—LAND AVE MI .1•singie-space Perking Meter lime Restricted Parking Zone I; JDSP Boundary 0 300 600 f Feet 7 245 of 317 =• CALIFORNIA NATIONAL CITY CINr�nne..e emS41� Downtown Parking Action Plan Figure 4 — Locations for Expansion of Residential Permit Parking 9TH ST Q � � l CIVIC CENTER DR z 0 14TH ST 1 1 Z 1 1 z a 1 ¢° 1 O 1 1 I 1 2NDST lY 2NDST 1 0 Q1 Qi •I 3RDST • i Lip 1 / COOLIDGE AVE 12T H ST HOOVER AVE 16TH ST wl 01 01 iri DIVISION ST 0 00 1ST ST w 3RD ST 4TH ST 5TH ST 8TH ST NATIONAL CITY BLVD 15TH ST 4TH ST t 5TH ST us l a i m 0 7TH ST a 9TH ST Lu 4 1) 6TH ST 7TH Si I • i, 0.0 I mil! 1 �L 1 16TH ST 8TH ST PLAZA BLVD 15TH ST PRIVATE RD 14TH ST HIGHLAND AVE M 1 Areas for Expansion of Residential Permit Parking © Existing Residential Permit Parking i,.-1DSP Boundary 0 30D 600f. Feel 8 246 of 317 PLAN CITY OF NATIONAL CITY DEVELOPMENT OF PARKING POLICY & REGULATORY CRITERIA: TASK B TECHNICAL MEMORANDUM Agreement No.: 30900049.005 Project Manager: Seth Torma WSP USA 401 B Street, Suite 1650 San Diego, CA 92101 seth.torma@wsp.com Client: Armando Vergara City of National City, CA 1243 National City Blvd. National City, CA 91950 avergara@nationalcityca.gov This document serves to inform city staff of the findings of issues and potential areas of improvement needed for the City of National City to implement an effective parking strategy. This document serves as the deliverable for Task B of the task order scope of work, and summarizes existing parking inventories, utilization, and challenges, as well as any other identified specific parking challenges. 9 247 of 317 PLAN Table of Contents City of National City Development of Parking Policy & Regulatory Criteria: Task B Technical Memorandum 1 1.0 Introduction and Background 3 1.1 Background 3 1.2 Study Purpose and Goals 3 1.2 Purpose of This Report 3 2.0 Previous Parking Studies and Concurrent planning Efforts 4 2.1 Downtown Parking Action Plan, June 2017: 4 2.2 Downtown Specific Plan, November 2017• 6 2.3 General Plan Update and Climate Action Plan Update, Ongoing: 8 2.4 Transit Oriented District Overlay [TODO]), Ongoing: 8 2.5 Homefront to Waterfront Plan 8 3.0 Analysis of Parking Conditions 9 3.1 Existing Conditions 9 3.1.1 On -Street Parking Facilities 9 3.1.2 Off -Street Private Parking Facilities 12 3.1.3 Existing Posted Parking Restrictions 14 3.1.4 Existing Parking Permit Programs 16 3.1.5 Parking Enforcement Program 17 3.2 Supplemental Parking Occupancy Survey 17 3.2.1 Parking Field Survey Methodology 17 3.2.2 Parking Survey Results 18 3.3 New Residential Development Projects 20 4.0 Problem Statement and Challenges to be Addressed 22 4.1 Summary of Previous Studies and Analysis of Parking Conditions 22 4.2 Problem Statement 22 4.3 Initial Set of Policy and Regulation Guidance to be Developed 22 5.0 Conclusion and Next Steps 24 10 248 of 317 PLAN 1.0 INTRODUCTION AND BACKGROUND 1.1 Background The City of National City (City) has prepared multiple recent plans that have identified parking strategies to better manage parking and traffic for the downtown area. The Downtown Parking Action Plan (PAP) and Downtown Specific Plan identified key recommendations for parking infrastructure and policy changes. The City has not made significant steps towards implementing the recommended parking policy changes since 2017 due to barriers varying from lack of appropriate policy and procedures in place to develop and implement the changes to municipal code changes. The City is expecting several large residential developments to open in 2021. It is expected that the existing on -street public parking supply will become strained due to the increase in parking demand attracted to the new developments. The City is interested in implementing parking management policy changes to mitigate potential on -street parking overflow and ensure efficient use of on -street parking. 1.2 Study Purpose and Goals Study Purpose The purpose of this study is to develop a set of focused policy and/or regulatory guidance to implement parking policy changes from the Downtown Parking Action Plan and the Downtown Strategic Plan. Study Goals • Parking Enforcement: Prepare strategies for coordinating parking enforcement with adjacent jurisdictions (e.g., Chula Vista's agreement with ACE Parking); • Parking Capacity: Provide strategies for the consistent deployment and implementation of on - street parking regulations, curb markings, and/or related management strategies (e.g., when and why to install parking meters and/or implement pricing as a management tool); and • Parking Utilization: Provide strategies to support the creation of new parking permit districts. 1.2 Purpose of This Report The purpose of this report is to provide a background of the proposed parking changes identified in previous parking plans, present the findings from an independent analysis of the existing parking conditions, identify challenges related to implementation of the proposed changes, and outline specific parking challenges to be addressed by focus policy and regulatory criteria in Task C Memo. Section 2 summarizes previous parking studies and plans as well as concurrent, ongoing planning efforts. Section 3 presents an independent analysis of the existing baseline parking conditions, parking occupancy survey, and summary of new residential developments opening in the study area that will increase parking demand. Section 4 introduces the problem statement, lists challenges to implementation parking changes, and presents an initial list of strategies to be developed in the Task C Memo. 11 249 of 317 PLAN 2.0 PREVIOUS PARKING STUDIES AND CONCURRENT PLANNING EFFORTS The City has prepared multiple plans to analyze and plan for parking changes in the study area. In 2017, the City published the Downtown Parking Action Plan (PAP), which called for the implementation of parking management strategies on existing streets. The Downtown Specific Plan incorporates the PAP's proposed strategies into a broader plan for downtown National City. Currently, the City is updating the General Plan and Climate Action Plan as well as preparing a Transit Oriented District Overlay plan. These documents contain specific policy initiatives pertaining to parking supply management. 2.1 Downtown Parking Action Plan, June 20171: The PAP conducted a parking analysis of downtown National City and recommended implementing specific changes in parking infrastructure. The following are the recommended strategies from the PAP. • Parking Enforcement o Route Management — develop a schedule to maximize coverage and frequency considering existing staff resources and hierarchy of duties to ensure consistent and efficient enforcement; and o Enforcement Technology — purchase new electric parking enforcement vehicle equipped with license plate recognition technology to provide more efficient parking enforcement. • Parking Capacity o Angled Parking — convert parallel parking to angled parking to increase parking capacity; and o Oversized Vehicle Parking Prohibitions — prohibit oversized vehicle parking on Roosevelt Avenue to increase parking capacity for employees and customers of local business and future residents. • Parking Utilization o Online Permit Parking Management System — implement online system to better facilitate issuance of parking permits, customer service and database management; o Residential Permit Parking — expand residential permit parking zones within the neighborhoods north and south of E. 8th Street to reduce spillover parking from businesses along E. 8th Street; and o Parking Meters — install single space parking meters on E. 8th Street between National City and "D" Avenue, and "A" Avenue between E. 7th Street and E. 9th Street to increase parking turnover for local businesses and allow for more efficient enforcement. Four figures from the 2017 PAP are shown on Figure 1, including areas to install additional neighborhood permit parking, locations for single space meters and time restrictions, locations for oversized vehicle prohibitions, and locations for parallel to angled parking conversions. 1 Parking Action Plan, National City, June 2017 12 250 of 317 PLAN Figure 1: 2017 Parking Action Plan Recommended CriCCBRIN 2.9 3.31 i SNIT i1 I^ , =II i iI I I 1 I 1 it i 1. 3ol % I 's+.l I 1.31 Is 1 61,51 IMP 14.131 WLC£ME30s 11.51 I81D9 1311017 , nIr I 4.1 Clockwise from top left: Recommended parking permit expansion, recommended angled parking conversions, recommended oversized vehicle restrictions, and recommended parking meter installation areas. 2 2 Source: Downtown Parking Action Plan, National City, June 2017. 13 251 of 317 PLAN 2.2 Downtown Specific Plan, November 20173: The Downtown Specific Plan (DSP) presents an implementation plan for the parking strategies identified in the PAP as well as the full detail of the parking utilization survey. The parking chapter includes an existing conditions analysis, parking occupancy survey, case studies, and a detailed list of recommendations with a three-phase implementation plan over 20 years. Phased elements in the DSP are as follows: Phase 1 (1-3 Years) • Review enforcement program and ensure consistent enforcement • Invest in enforcement technology • Implement online permit management system • Begin converting parallel parking to angled parking • Review restrictions and fines • Establish parking bonus system for off-street parking/shared parking • Reform off-street requirements • Establish paid parking • Expand residential permit zones • Implement oversized vehicle parking restrictions Phase 2 (3-5 Years) • Transition to digital permitting • Complete angled parking conversion • Implement active monitoring • Enhance enforcement • Implement parking/transit shuttle system • Create parking manager position • Initiate and refine the parking bonus system • Integrate parking updates into budget • Establish a downtown parking be • nefit district • Invest revenue Phase 3 (5-20 Years) • Add parking availability signage • Establish In -lieu fees • Continue active monitoring • Plan infrastructure for autonomous vehicles • Implement shares parking 3 Downtown Specific Plan, National City, November 2017. https://www.nationalcityca.gov/services/documents/general-plan/downtown-specific-plan 14 252 of 317 PLAN Figure 2: 2017 Downtown Specific Plan Parking Implementation Phases4 Mesa 1,14 Yews) Pn., I 1,01.0100,0clad I 1* Rt¢(410 hAintgrAteklont4.en. NM, MI Rums IR.. *mai Pe. racking Cloonia•00 Xrdtional City .7.:1OSPP.00.013e, oi.mtK 0 0 c. Moss 10.6 Trant. Pnnc firs icler.001 PirrmA erbrw 011n, nne M1.0 0,06000i tme Yatking 11111 have', t ice aricno remnpnersenim rcrrnnr.o. borwann 01.00001,0y 1M 1,0se R.010,11.0 040,100.01, c.loa, 1111111111 111111[1111111 Tose 4no ae reesaereei Oarano Pc+tra kwan, vcare Puss I TN. Rearittea Oarlinp 04 Time Raw Psig pax 11=risisOnerni Ra0101.1021Astmll m.....7:72=7.0, MI Me. 1.1.64 Rune PIM. 00.00140.01140‘10.01014 4 Source: Downtown Specific Plan, National City, 2017. 15 253 of 317 PLAN 2.3 General Plan Update and Climate Action Plan Update, Ongoing': The City of National City is embarking on a Focused General Plan Update and a Climate Action Plan Update. The General Plan serves as the guiding document for achieving the community's vision for the future. The General Plan was last updated in 2011. Since then new California state legislation and other regional and local changes have taken place. The Focused General Plan Update will provide residents and businesses the opportunity to shape the future direction of the City. The elements of the General Plan that are being updated, including: Land Use and Community Character, Circulation (Transportation), Safety, and Housing. The City's Climate Action Plan is included in the update, as well. Climate Action Plans are comprehensive roadmaps that outline the specific activities an agency will undertake to reduce greenhouse gas emissions (GHGs). The integration of land use, transportation, and housing is important in the strategy of GHG reduction, which is why the City is taking a wholistic approach in updating these elements in conjunction with updating the Climate Action Plan. 2.4 Transit Oriented District Overlay [TODO]), Ongoing': The City of National City is developing the 24th Street Transit Oriented Development Overlay (TODO) plan. The TODO encompasses the area around the 24th Street Transit Center, generally from Plaza Boulevard to State Route 54 and Interstate 5 to Highland Avenue. The project will analyze land uses and develop an expanded vision for the area. This will include an enhanced public realm, transit -supportive land uses, and improved mobility and parking options. The TODO plan is currently in development and is planned for adoption in 2021. 2.5 Homefront to Waterfront Plan? National City's Homefront to Waterfront Plan focuses on the physical barrier and division of National City created by Interstate 5. The freeway structure runs through the middle of National City and creates a physical and psychological barrier, inhibiting the ability to implement effective high -capacity transit in the downtown area. The plan focuses on creating a multi -modal transportation environment, with an emphasis on active transportation and multi -modal trips. The Plan introduces curb management policies, expanding the role of the curb from parking, including . passenger loading and unloading zones, commercial vehicle loading zones, parklets and food trucks, plantings, and storage for bus layovers or long-term parking. While these recommendations in the plan do not directly change previous work completed by the City in regard to parking regulation, it does include policy which may affect curb space in the Downtown Specific Plan boundaries. 'General Plan and Climate Action Plan Update, National City, retrieved 2021, https://www.nationalcityca.gov/community/focused-general-plan- update#:—:text=The%20Focused%20General%20PIan°%20Update%20will%20provide%20residents%20and%20busi nesses,)%2C%205afety%2C°%20and%20Housing 6 Transit Oriented District Overlay, National City, retrieved 2021 https://www.nationalcityca.gov/Home/Components/Calendar/Event/11928/43?toggle=all&npage=2 x Homefront to Waterfront Plan, retrieved 2021, https://www.nationalcityca.gov/government/homefront-to-waterfront-24th-st-i-5-bike-and-ped-bridge 16 254 of 317 PLAN 3.0 ANALYSIS OF PARKING CONDITIONS This is an analysis of the existing parking conditions to supplement the existing conditions analysis conducted in the PAP. This analysis uses the same general boundary as the PAP, but due to data collection limitations, it does not include a comprehensive quantification of all streets within the PAP boundary. However, this represents a majority of parking in the primary focus areas of the study. 3.1 Existing Conditions The following is a summary of the existing parking conditions. The City's parking inventory includes on - street parallel parking and on -street angled parking within the boundaries of the downtown specific plan. These parking resources are regulated by Title 11 of the City's Municipal Code. Additionally, there are several private off-street parking facilities. 3.1.1 On -Street Parking Facilities A total of 534 public on -street parking spots were surveyed within the study area. Most of the City's inventory of on -street parking consists of parallel parking on both sides of the street. Angled parking is present in areas of greater parking demand in the central business district along 8th and 9th streets and A, B, and C Avenues as well as in the civic center along A Avenue. Table 1 presents an estimate of the inventory of on -street parking in the study area. Table 1: Estimated Inventory of On -Street Parking in Study Area Street Spaces National City Boulevard 203 7th Street 30 8th Street 16 9th Street 45 Plaza Boulevard 25 11th Street 9 12th Street 30 A Avenue 54 B Avenue 44 C Avenue 41 D Avenue 37 Total in Study Area 534 Source: National City/ WSP 17 255 of 317 PLAN Figure 3: Measured Parking Availability in Downtown National City LEGEND I 1 National City , Downtown Specific Plan Boundary Source: National City/ WSP 18 256 of 317 PLAN Figure 4: Angled Parking Locations in Downtown National City LEGEND 1 ' National City L_ J Downtown Specific Plan Boundary Angled Parking Zone Source: WSP 19 257 of 317 PLAN 3.1.2 Off -Street Private Parking Facilities There is an estimated total of 1,212 private off-street parking spots within and immediately adjacent to the study area. This estimate is not a comprehensive figure of private parking within the study area, but instead represents the majority of private parking available in the primary focus areas of the study. There are 22 private parking facilities in the central business district along 6th through 9th Streets between Roosevelt Avenue and Highland Avenue. There are additional facilities near the Civic Center at B Avenue and north National City Boulevard at 3rd Street. Table 2 presents an estimate of the inventory of private off-street parking in and immediately adjacent to the study area. The DSP reported that privately -operated off-street lots represent a significant and cost-effective opportunity to increase the supply of shared/public parking spaces by nearly 800 spaces.' Table 2: Estimated Inventory of Private Off -Street Parking in and Adjacent to Study Area Facility Spaces National City Boulevard/ 3rd St 62 6th St/ A Ave 22 6th St/ F Ave 46 7th St/ Roosevelt 189 National City Blvd/ 7th St 20 7th St/ A Ave 24 7th St/ C Ave West 59 7th St/ C Ave East 30 7th St/ D Ave 37 7th St/ E Ave 43 8th St/ Roosevelt 435 8th St/ A Ave West 34 8th St/ A Ave East 24 8th St/ B Ave West 18 8th St/ B Ave East 19 8th St/ D Ave 24 8th St/ G Ave 38 8th St/ Highland 38 Plaza/ National City Blvd 17 12th St/ B Ave 33 Total in Study Area 1,212 Source: Downtown Specific Plan/ WSP 8 Downtown Specific Plan, National City, 2017. 20 258 of 317 PLAN Figure 5: Private Off -Street Parking Facilities in and Adjacent to Study Area 9THSr a Private 864iregt Lois Pvie nine (or Use Et Spaces; MII PRO Ne orrnen444 DSP Boundary Source: Downtown Specific Plan/ WSP rr`f 21 259 of 317 PLAN 3.1.3 Existing Posted Parking Restrictions The study area has a variety of posted time restrictions for on -street parking. Streets with time restrictions are focused on National City Boulevard, 8th Street, A Street, and single -block segments between these streets. The remainder of the public streets generally allow parking with unconstrained time restrictions. Figure 1 illustrates the parking time regulations in the study area. The on -street parking time regulations range from 15 minutes to four hours. There are several instances of time restriction variances within the same block and from one side of a street to another. For example, 7th Street between National City Boulevard and A Avenue have four-hour time restrictions, while the following block to the East, 7th between A Avenue and B Avenue have no parking restrictions. These varying time restrictions may have been implemented on a case -by -case basis based on individual developments and business uses over time. However, such time variances in close proximity may not be effectively coordinated to holistically manage parking in the study area. Uncoordinated and abrupt variations in time restrictions affects the parking demand along a street and on adjacent blocks. Parkers will seek to avoid time restrictions by shifting to the blocks with longer time restrictions or no time restrictions. Section 4 identifies recommended steps forward to develop specific parking time restriction and other parking management policy changes. Table 3: Parking Restriction Locations in Study Area Facility # Locations (Block Faces) No Parking 8 15-Minute Parking Limit 2 30-Minute Parking Limit 10 1-Hour Parking Limit 29 2-Hour Parking Limit 16 4-Hour Parking Limit 2 No Parking Restrictions 99 Total in Study Area 166 Source: WSP Parking time restrictions are indicated with signage as well as the following curb markings: • Red: No stopping, standing, or parking at any time (except as permitted by the Vehicle Code) • White: No stopping, standing, or parking for any purpose other than loading or unloading of passengers, between 7 am and 6 pm of any day except Sundays and holidays. • Yellow: No stopping, standing, or parking at any time between 7 am and 6 pm of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials. • Green: No standing or parking for longer than 15 minutes at any time between 7 am and 6 pm of any day except Sundays and holidays. 22 260 of 317 PLAN Figure 6: Posted Parking Restrictions in Study Area LEGEND r National City L J Downtown Specific Plan Boundary No Parking Regulations No Parking 15-Minute Parking 3O-Minute Parking 1-Hour Parking 2-Hour Parking 4-Hour Parking Source: Downtown Specific Plan/ WSP 23 261 of 317 PLAN NATIONAL CIT 3.1.4 Existing Parking Permit Programs The City has an existing parking permit program with several on -street permit zones. Residential Parking Districts (RPD) exist to help ensure that on -street parking is available to local residents. The RPD on -street parking is prohibited for vehicles that do not have a valid parking permit. The RPD is authorized by Section 22507 of the California Vehicle Code and Title 11 of the City of National City Municipal Code.9 Parking permits are offered at a low rate of two dollars for residents. Parking permit registration is conducted via an online portal through a third -party. A public computer kiosk is also available at the Engineering Department counter at National City's City Hall. The parking permits are digitally connected to license plate numbers and are not displayed on the vehicle dashboard. Parking regulation officers (PRO) use license plate readers to patrol and scan license plates in the permit zones. Figure 7 shows the locations of parking permit zones C, D, E, F, G, H, J, and K. Figure 7: Posted Parking Restrictions in Study Area rr STH ST CIVIC CENTER CR 4 F A PITH ST 021 iiesidenliel Peamit Ptelkiv L7.10sPeoundary r 9TH5f Source: Downtown Specific Plan 41 r1 rHST a m —.14 1 pTH 5T � p i rr r . r'r r r Fr 1 i J f ! • rr �rr'r.+ rr r�rsr f� rs r rtyr` 15TH$T rco 9 https://www.nationalcityca.gov/government/engineering-public-works/parking-permits 24 262 of 317 PLAN 3.1.5 Parking Enforcement Program The DSP's parking chapter identifies several key challenges with the current parking enforcement program, including staffing, oversight, jurisdiction and routes, and equipment.' • • Limited Staffing and Oversight: The City employs three full-time PRO's that operate a six day per week daytime schedule. Direct management oversight of PRO's is limited because the Parking Division does not employ a full-time manager dedicated to parking enforcement. This staff mix may suffice under existing conditions, however it may not be sufficient with increased parking demand and policy restrictions. • Broad Parking Enforcement Jurisdictions: The PROs monitor the parking timed districts and residential permit districts broadly and do not use defined routes or assigned areas. Additionally, the PROs are called to action requests from citizens who report parking violations. The majority of the officers' time is dedicated to parking enforcement; however they are also called on to assist the police department with traffic control and impounds. There is potential for improving the efficiency of the PRO time management, such as implementing defined monitoring routes. • Equipment: The Parking Enforcement Department has three Toyota Tacoma trucks for use by the PROs as part of the lease agreement with Enterprise. Two of the three vehicles are equipped with License -Plate -Ready (LPR) cameras, which are used to monitor vehicle turn -over. Officers use mobile devices as ticket writers, with belt -mounted citation printers. • Technology Challenges: City must ensure that all technology, such as LPR and future use of parking meters, is properly integrated and both easy -to -manage and effective at augmenting our operations. Currently, certain technological challenges often require that officers spend too great a percentage of their time troubleshooting tech issues and defective equipment. • Limited Signage: Limited signage can add to confusion for motorists and can undermine the credibility and effectiveness of parking enforcement when time limit violations are routinely protested and/or dismissed if motorists complain that the time limits were not clearly posted. • Incomplete or Non -Posted Parking Fees: The City does not have a full updated posting of parking citations on the city's website. 3.2 Supplemental Parking Occupancy Survey This study includes an parking occupancy field survey to supplement the survey conducted in the PAP. The findings of this survey are meant to reinforce and expand on the findings reported in the PAP and are not intended to replace or redirect policy recommendations made in the PAP. 3.2.1 Parking Field Survey Methodology The parking survey was conducted by City staff over two weeks in January and one week in February 2021. WSP compiled and analyzed the survey data. '° Downtown Specific Plan, National City, 2017 25 263 of 317 PLAN The following is a summary of the survey methodology: • Survey Method: Manual, by sight using pen and paper (license plate readers not used); • Routes: Figures in appendix show the routes for the day and night survey collections. • Frequency/Quantity: The field survey collected 15 cycles of a daytime route and three cycles of a nighttime route; • Time/Date: The daytime counts were collected between the hours of 8:15 am and 10 am during weekdays. The nighttime counts were collected between the hours of 7 pm and 12 am during weekdays. • Season/Pandemic Factor: The survey was conducted during the winter months during the middle of the COVID-19 pandemic. The survey counts may not be typical of an average working day.' • Data Collected: Parking capacity (estimate number of parking available by block), vehicles present (number of vehicles present by block); • Utilization Calculation: The utilization ration was calculated by dividing the average of the vehicles present over all collection times by the parking capacity; and • Vehicle Turnover: Data was not collected to determine vehicle turnover.' 3.2.2 Parking Survey Results Figure 9 shows the average parking utilization of streets for the daytime survey. The nighttime survey is shown in the appendix. The highest utilization above 80% is shown in red. The daytime survey shows parking utilization rates between 50-80% in the business and civic center areas along 8th Street and A Street. These streets are primarily the heaviest used during normal working conditions. However, the parking utilization may be discounted due to Covid-19. Also, these results do not represent turn -over, which are a greater indicator of commercial activity, than just utilization. The survey results show the highest utilization above 80% along A, B, C, and D Avenues, 9th Street, 11th Street, and Plaza Boulevard. These streets include mostly single and multifamily housing with no driveways. Therefore, the on -street parking surveyed may primarily be residents at-home. Despite the seasonal and pandemic time in which the data was collected, the results on this supplemental survey demonstrate that parking utilization is already high in the study area. This data does not indicate strongly any changes to the previously identified strategies outlined in the 2017 PAP and DSP. This data reinforces the finding that parking utilization is high, especially on residential streets. Parking utilization is highest in the blocks between 7th Street and Plaza Boulevard between National City Boulevard and D Avenue. 11 The observed conditions may resemble more of a weekend condition rather than a typical working day due to the work -from -home conditions during the Covid-19 Pandemic. 12 The parking survey methodology originally included a request for parking turn -over data. 26 264 of 317 PLAN Figure 9: Parking Occupancy in Downtown National City - Morning LEGEND I I National City Downtown Specific Plan Boundary - O%• SO% Utilized 50% - 80% Utilized 80% - 100%Utilized Source: National City/ WSP 27 265 of 317 PLAN 3.3 New Residential Development Projects The City is expecting new residential developments to open in the study area in 2021. Figure 10 shows the locations of the new developments on 8th Street, 12th Street, and 16th Street. Figure 10: New Residential Developments in Study Area 1 8th St. I I 1_. I Plaza E (Courtyards at Kimball) I r 12th St. I 10 104 Park Lofts) I_W _______MI16thSt. LEGEND National City L.- J Downtown Specific Plan Boundary Source: WSP 28 266 of 317 PLAN Table 4 presents the parking data related to the new developments, including planned opening date, number of residential units, parking units provided, and daily forecasted trips expected to be generated. The developments include a total of 457 residential units resulting in and 373 off-street parking spaces. The parking units to dwelling units ration is 0.8, which is reasonable for urban multi -family developments near high quality/frequent transit service, however it is significantly lower than other typical residential developments in similar suburban settings. The new properties received entitlement variances to reduce parking requirements to incentivize development. By comparison, the City of San Diego's minimum required parking spaces per unit ratio ranges from 1.5 to 2.5, depending on number of bedrooms. Table 4: New Residential Developments in Study Area Development name Planned Parking # opening Residential Spaced parking date units per spaces Unit 8th & B Q1 2022 108 0.6 67 Courtyards at Kimball Park Lofts Q1 2023 218 1.0 218 Q12022 131 0.7 88 Source: National City/WSP 29 267 of 317 PLAN 4.0 PROBLEM STATEMENT AND CHALLENGES TO BE ADDRESSED 4.1 Summary of Previous Studies and Analysis of Parking Conditions The City of National City has prepared several parking plans that evaluate the existing parking conditions and needs, including parking enforcement, capacity, and utilization. The 2017 Parking Action Plan outlines a detailed list of recommended parking policies to implement over multiple phases. The 2017 Downtown Specific Plan indicates that installation of angled parking, parking meters, and more streamlined timed parking regulations are the City's primary parking management strategies. However, as of yet, few if any of these policy regulations have been implemented. The 2021 supplemental parking survey presented in this document reinforces the finding that parking utilization is high, especially on residential streets. Additionally, the City is anticipating an increase in on - street parking demand due to the completion of three new housing developments in Downtown National City. These developments will consist of residential and commercial use, which could strain the existing parking supply due to an increase in demand. Given the validation of the 2017 Parking Plans through the 2021 supplemental parking survey, it is recommended that the city carry -out implementing the previously adopted parking plans with some minor modifications based on the incoming developments to ensure better management of Downtown National City's parking supply. 4.2 Problem Statement Parking is currently near or at capacity in the downtown along 7th, gtn and 9th streets between National City Boulevard and D Avenue, and A Avenue near City Hall. The existing residences are primarily home without driveways that rely on public on -street parking supply. When the new developments open, there is potential for increased parking demand that could spill on to the streets and compete for existing residences and businesses. Downtown National City has been presented with a unique challenge to regulate and manage its parking supply in advance of new development in downtown. Solving this problem will take careful planning and close understanding of the existing problems within the City's institutional framework in order to prepare and implement regulatory changes. 4.3 Initial Set of Policy and Regulation Guidance to be Developed Parking Enforcement • Recommendation on strategies for coordinating parking enforcement with adjacent jurisdictions (e.g., Chula Vista's agreement with ACE Parking) to address the following issues: 0 o Evening and nighttime enforcement of parking districts; and o Potential new parking garage (Southwestern College) or off-street parking lots; and o New Signage; and o Lack of Disincentives/Penalties Parking Capacity 30 268 of 317 PLAN • Strategies for consistent deployment and implementation of on -street parking regulations, curb markings, and/or related management strategies (e.g. when and why to install parking meters and/or implement pricing as a management tool): o Policy guidance for identifying locations for parking meters; o Recommended locations for parking meters — 8th Street, A Street, 12th Street; o Recommended changes to on -street parking time limits in response to new metered parking and consistency; and o Recommended changes to on -street parking regulations to mitigate overflow parking due to new residential development; o Best practices for parking regulation signage and curb markings; and o Best practices for ongoing data collection plan. Parking Utilization • Strategies to support the creation of new parking permit districts: o Recommendation for how and when to implement parking permit changes and; o Recommended parking permit changes in response to existing parking utilization and new residential developments. Municipal Code Changes • The City's municipal code does not specifically govern the implementation or management of any of these elements of the proposed parking management plans. Changes to the City's municipal code and amendments to the current implementation schedule will make this plan more effective in guiding the City through the parking management policy implementation process. 31 269 of 317 PLAN 5.0 CONCLUSION AND NEXT STEPS This report provides a summary of the existing and planned parking changes for downtown National City, the results of a new parking utilization survey, details from planned residential developments, and the outline strategies to be developed in the Task C Memo. The Task C Memo will provide the City with specific recommendations on changes to the City's parking management practices and the City's municipal code. 32 270 of 317 PLAN Appendix A: Supplemental Parking Survey Results Figure 12: Parking Occupancy Survey — Field Survey Routes Day Route 0 tsr, (jarrnm. (c) Upen",reelMac co...o. and ft2Ib user “nlmvnty l,olled041,1rorn Source: WSP Night Route Es, MERE. 6a.n. c)Opxr...a.e.lap =Wooly, iirA fla G5 nor conmnity • Strp ilad,toC,IIKIIAZaran 33 271 of 317 PLAN Table 5: Parking Utilization — Summary by Block Street # Spaces (Estimated) Avg # Vehicles % National City Boulevard 15th St. - 14th St./A Ave. 37 20 53% National City Blvd. - 12th St. D Avenue 12th St. - Plaza Blvd. 18 14 Plaza Blvd. - 9th St. 9 6 66% 9th St. - 8th St. 6 5 VII 18% 8th St. - 7th St. 4 1 C Avenue 7th St. - 8th St. 6 3 54% 8th St. - 9th St. 8 5 67% I. 9th St. - Plaza Blvd. 9 8' Plaza Blvd. - 12th St. 18 8 44% —8111 B Avenue 12th St. - Plaza Blvd. 17 14 Plaza Blvd. - 9th St. 16 13 ir, 83% 9th St. - 8th St. construction 8th St. - 7th St. 11 10 A Avenue 7th St. - 8th St. 19 4 23% 8th St. - 9th St. 12 12 97% 9th St. - Plaza Blvd. 19 14 72% Plaza Blvd. - 11th St. 4 4 11th Street A Ave. - National City Blvd. 9 7 81° National City Boulevard - NB 11th St. - Plaza Blvd. 7 3 46% Plaza Blvd. - 8th St. 11 7 59% 8th St. - 7th St. 5 0 5% National City Boulevard - SB 7th St. - 8th St. 5 1 28% 8th St. - Plaza Blvd. 7 1 9% Plaza Blvd. - 11th St. 6 2 39% 11th St. - 12th St. 7 4 59% 12th St. - Civic Center Dr. 6 1 14% Civic Center Dr. - 14th St./A Ave. 5 2 45% 14th St./A Ave. - 15th St. 1 - 0% 12th Street National City Blvd. - B Ave. 16 11 72% B Ave. - C Ave. 6 5 C Ave. - D Ave. 8 6 76% Plaza Boulevard D Ave. - C Ave. 4 2 57% C Ave. - B Ave. 8 5 67% 34 272 of 317 PLAN B Ave. - A Ave. 9 8 7% A Ave. - National City Blvd. 4 2 48% 9th Street Lantana Dr. - A Ave. 9 7 81% A Ave - B Ave. 11 11 97% BAve. -CAve. 13 12 94% C Ave. D Ave. 12 10 % 8th Street D Ave. - C Ave. 1 1 73% C Ave. - B Ave. 6 4 74% B Ave. - A Ave. 6 3 44% A Ave. - National City Blvd. 3 0 4% 7th Street National City Blvd. - A Ave. 4 2 42% A Ave. - B Ave. 8 6 73% B Ave. - C Ave. 9 6 68% C Ave. - D Ave. 9 6 65% National City Boulevard- West Division St to 1st St 0 0 - 1st St to 2nd St. 6 4 72% 2nd St to 3rd St 8 1 17% 3rd St to 4th St 7 2 33% 4th St to 5th St 5 0 0% 5th St to 6th St 10 0 3% 6th St to 7th St 9 5 56% 7th St to 8th St 5 2 33% National City Boulevard- East Division St to 1st St 7 4 52% 1st St to 2nd St. 6 3 44% 2nd Stto3rdSt 7 4 62% 3rd St to 4th St 10 0 0% 4th St to 5th St 6 1 11% 5th St to 6th St 7 1 19% 6th St to 7th St 8 3 33% 7th St to 8th St 5 0 0% Total Surveyed 534 308 58% Source: National City/WSP 35 273 of 317 PLAN LEGEND I Figure 13: Parking Occupancy in Downtown National City at Night 1 National City Downtown Specific Plan Boundary O% - 50% Utilized 5O%• 80%Utilized 80% • 100% Utilized Source: National City/WSP 36 274 of 317 Parking Policy & Regulatory Criteria CITY OF NATIONAL CITY Prepared by NNW PLAN WSP USA 1401 B STREET, SUITE 1650, SAN DIEGO CA 92101 DRAFT 11/2/2021 37 2ibot317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA TASK C TECHNICAL DELIVERABLE: FOCUSED POLICY & REGULATORY CRITERIA FOR PARKING NATIONAL CITY CIP NO. 21-10 WSP PROJECT NO. 30900049.005 CLIENT Armando Vergara City of National City 1243 National City Boulevard National City, CA 91950 avergara@nationalcityca.gov CONSULTANT Seth Torma, Project Manager WSP USA 401 B Street, Suite 1650 San Diego, CA 92101 seth.torma@wsp.com This document serves to inform City of National City staff of the consultant team's analysis and findings, including issues and potential areas of improvement to help implement an effective parking strategy. This document serves as the deliverable for Task C of the task order scope of work, and summarizes existing parking inventories, utilization, and challenges, as well as any other identified specific parking challenges. 11/2/2021 WSP 38 276 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA CONTENTS 1 PURPOSE & BACKGROUND 1 Background & Status of Prior Recommendations 1 2 STRATEGIES FOR PARKING SUPPLY MANAGEMENT (CAPACITY) 5 Signage & Curb Markings 5 Angled Parking 8 Joint/Shared-Use Agreements with Private Entities 10 Parking Policy for New Developments 14 3 STRATEGIES FOR PARKING DEMAND MANAGEMENT (UTILIZATION) 19 Metering 19 Pricing & Payment Collection 22 Permit Districts 24 Time Restrictions in Permit Districts 27 4 STRATEGIES FOR PARKING ENFORCEMENT 32 Deployment of Enforcement Resources 32 Fines & Fees 33 5 SUMMARY OF RECOMMENDED STRATEGIES 35 11/2/2021 WSP 39 277 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA 1 PURPOSE & BACKGROUND Since 2017, the City of National City has prepared several parking plans that evaluate the existing parking conditions and needs, including reviews of parking capacity, utilization, and enforcement. The 2017 Parking Action Plan outlines a detailed list of recommended parking policies to implement over multiple phases. The 2017 Downtown Specific Plan also stresses the importance of parking management and recommends several strategies to improve parking in the Downtown area. Following release of both 2017 plans, several new residential developments have been proposed and are expected to begin opening in 2021. In the Downtown area, parking already is at or near capacity on 7th, 8th, and 9th streets between National City Boulevard and D Avenue, as well as A Avenue near City Hall. It is expected that existing on -street public parking availability will become increasingly scarce due to the rise in parking demand expected from the new developments. The City is interested in implementing parking management policy changes to mitigate potential on -street parking overflow and ensure efficient use of on -street parking. This document builds on those prior studies by identifying additional opportunities and strategies to accommodate this expected growth and improve parking management in National City. BACKGROUND & STATUS OF PRIOR RECOMMENDATIONS The 2017 Parking Action Plan conducted a parking analysis of downtown National City and developed this plan designed to implement the downtown parking management plan. Table 2-1 shows the current status of the those proposed improvements. The 2021 supplemental parking survey presented in Task B of this study provides a summary of the proposed parking polices in the 2017 parking studies, presents the findings from an independent analysis conducted of existing parking conditions and describes the challenges related to policy implementation. It reinforces the finding that parking is highly utilized in the Downtown area and explains that increased density resulting from new development could increase parking demand. With the 2021 supplemental parking survey validating both predecessor plans from 2017, it is recommended that the City advance the implementation of the previously adopted parking policies and plans with some minor modifications based on the new development to ensure better management of Downtown National City's parking supply. There are several challenges that have prevented recommended changes to parking capacity, utilization, and enforcement, including the following. 1. Limited guidance and justification for policy details. The 2017 PAP provided clear guidance on recommended parking management policies. However, the specific details of the policies remain to be developed. Case studies and examples from neighboring cities can provide reasonable guidance for policy details. 2. Existing budget and resources. The city's budget does not appear to account for sufficient resources for procuring and implementing parking management tools as well as the enforcement required to ensure the parking regulations are followed. Adjustments in budget appropriations may be necessary to implement the parking policies as recommended. 11/2/2021 WSP 40 278 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA 3. Existing policies and municipal code language. Appropriate written policies and municipal code changes are required to enact the recommended parking management changes. Once the city completed the update of Title 11 in the Municipal code, certain policies, such as parking metering and enforcement will be possible. It is recommended that National City implement a number of policy and regulatory changes to better manage its parking supply in advance of new development in downtown. The following sections provide recommendations and guidance to implement these changes. Table 2-1 provides the status of the 2017 Parking Action Plan Strategy recommendations. 11/2/2021 WSP 41 279 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Table 2-1 Status of 2017 Parking Action Plan Strategy Recommendations Strategy Recommendation Status Phase 1 (1-3 Years) Review enforcement program and ensure consistent enforcement In -progress Invest in enforcement technology Complete —need to resolve issues Implement online permit management system Complete —need to resolve issues Begin converting parallel parking to angled parking Projected to start conversions in FY 2022 Review restrictions and fines Complete — need to adopt changes Establish parking bonus system for off-street parking/shared parking Research/planning phase Reform off-street requirements No activity Establish paid parking Research/planning phase Expand residential permit zones Residential permit zones further expanded. Need to further establish criteria and formalize zones. Research/planning phase, refer to Phase 1 timed parking restriction proposal Implement oversized vehicle parking restrictions Adopted RV ordinance; other restrictions under review Phase 2 (3-5 Years) Transition to digital permitting In -progress Complete angled parking conversion FY 2022 (budget dependent) Implement active monitoring No activity Enhance enforcement In -progress Implement parking/transit shuttle system Research/planning phase Create parking manager position No activity Initiate and refine the parking bonus system No activity Integrate parking updates into budget Established Parking Authority budget; No for remaining updates Establish a downtown parking benefit district No activity Expand residential permit zones Residential permit zones further expanded. Need to further establish criteria and formalize zones. Research/planning phase, refer to Phase 2 timed parking restriction proposal Invest revenue No activity Phase 3 (5-20 Years) _ 7 Add parking availability signage No activity Establish In -lieu fees No activity Continue active monitoring No activity Plan infrastructure for autonomous vehicles Research/planning phase 11/2/2021 WSP 42 280 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Expand residential permit zones Residential permit zones further expanded. Need to further establish criteria and formalize zones. Research/planning phase, refer to Phase 3 timed parking restriction proposal Implement shared parking No activity 11/2/2021 WSP 43 281 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA 2 STRATEGIES FOR PARKING SUPPLY MANAGEMENT (CAPACITY) This section reviews several strategies that can help local jurisdictions manage parking supply, including brief surveys of best practices in several nearby cities. The supply management strategies are organized into four categories: — Signage and curb markings — Angled parking — Joint/shared-use agreements with private entities — Code requirements and in -lieu fees for new development SIGNAGE & CURB MARKINGS Signage is used to communicate parking regulations on streets. Timed parking restrictions, permit parking districts, and parking prohibitions are all communicated using signage. The city does not yet have parking signage to convey paid parking meter signage. Additionally, the City has expressed the need to provide additional permit parking districts to its residents. The city will need to implement appropriate signage to communicate new parking metering and parking permit areas for non -permit holders in order to manage and enforce the parking policies. Parking meters and permit parking districts with timed restrictions are regulated and maintained in most adjacent cities, including neighboring San Diego and Chula Vista. National City uses curb markings consistent with the California Vehicle Code and neighboring cities to assist in communicating additional parking regulations to the public. The City should continue to use current signage and curb markings and continue to monitor the California Vehicle Code and the municipal codes of surrounding cities to maintain general consistency with those regulations. National City's Homefront to Waterfront Plan recommends other curb uses such as no parking zones designated for other uses such as bus stops, passenger loading zones, parklets and plantings. The City should continue to evaluate potential locations to convert curb space to these uses to better use public space. Parking enforcement officers should continue to engage with other City departments to ensure consistency with current and proposed regulations. More detailed definition of authority to implement changes such as when to implement a specific timed parking restriction, or who is responsible for installing signs is needed in this section of the municipal code. CASE STUDIES: SIGNAGE & CURB MARKINGS CITY OF CHULA VISTA': The City of Chula Vista municipal code requires the use of signage and curb markings to communicate parking regulations to the public. Curb markings are determined by the City Engineer, who will prescribe a parking control device when necessary. Chula Vista also has municipal code written to define bus zones, passenger loading zones, special passenger zones, and general exceptions to the standard parking policy. The policy is dependent on the City Engineer's review of the proposed exception and is implemented based on the outcome of said the review. These versatile policies allow the City to establish parking policy that is more fitted tailored for local contexts. 1 https://chulavista.municipal.codes/CVMC/10.60.030 11/2/2021 WSP 44 282 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA CITY OF SAN DIEGO2: The City of San Diego regulates parking policies through the use of signage. These signs are required when the City establishes any parking regulation, whether that be parking permit zones, timed parking restrictions, or parking meter zones. For all other time restrictions, the City of San Diego indicates the restriction using signage on the side of the street. The City also only enforces parking restrictions from 8:00 AM to 6:00 PM. Table 3-1 and Figure 3-1 summarize some of the curb markings and signage used in the cities of National City, Chula Vista, and San Diego. Table 3-1 Curb Markings in Cities of National City, Chula Vista & San Diego Color National City Chula Vista San Diego Red No stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone No stopping, standing or parking at any time as permitted by the Vehicle Code, except that buses or other transit vehicles may stop at red curbs marked as a bus zone No stopping anytime — typically used for transit stops or near emergency facilities which must be accessible by emergency responders at all times White No stopping, standing or parking for any purpose other than loading or unloading of passengers which shall not exceed three minutes and such restrictions shall apply between seven a.m. and six p.m. of any day except Sundays and holidays and except as follows: When such zone is in front of a hotel or hospital, the restrictions shall apply at all times. When such zone is in front of a theater the restrictions shall apply at all times except when such theater is closed. No stopping or parking for any purpose besides loading and unloading passengers every day except Sundays and holidays Passenger loading zones — time limit of three minutes Yellow No stopping, standing or parking at any time between seven a.m. and six p.m. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than twenty minutes. No stopping, standing or parking at any time between 7:OOAM and 6:00 PM every day between 7:00 AM and 6:00 PM except Sunday and holidays except for loading and unloading, which should not take more than 20 minutes Commercial loading zone — trucks and commercial vehicles can stop for 20 minutes at a time to Toad or unload goods. Passenger vehicles can stop for three minutes to load or unload passengers. Green No standing or parking for longer than fifteen minutes at any time between seven a.m. No stopping or parking for a period longer than 12 minutes between 9:00 Short-term parking — parking for a limited time, typically 15-30 minutes 2 https://www.sandiego.gov/sites/default/files/legacy/economic-development/pdf/park101.pdf 11/2/2021 WSP 45 283 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA and six p.m. of any day except Sundays and holidays and shall be specifically designated by resolution of the city council AM and 6:00 PM except for Sundays and holidays Blue Parking for persons with disabilities. Reserved curb space for vehicles displaying a disabled placard or a license plate issued to disabled persons by the California Department of Motor Vehicles Figure 3-1 Typical Signage & Curb Markings in Cities of San Diego & Chula Vista TACO;ffi^ 11/2/2021 WSP 46 284 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA ANGLED PARKING To accommodate the increase in parking demand, the City can provide additional parking in areas of greater parking congestion. On blocks with sufficiently wide rights -of -way, angled parking can be a viable option to increase in parking supply within the existing roadway profile. Angled parking allows for more vehicles to fit per block when compared to parallel parking, as the design allows for more parking spaces to fit along the curb length of a city block. National City has previously recommended angled parking conversions in the Downtown Parking Action Plan (Figure 3-2) and the Downtown Specific Plan. It is recommended that National City continue to implement the identified On -Street Angled Parking Conversion Plan to increase parking supply. In addition to the Downtown National City core, there are additional streets throughout the City with enough right-of-way to convert parallel parking spaces to angled parking spaces, such as 7th Street between A and E Avenues, and Roosevelt Avenue between Plaza Boulevard and 8th Street. The City's Planning Department should work with the City Engineer to evaluate additional roadway segments with sufficient right-of-way that may be good candidates for additional conversions to angled parking. Case study research in the neighboring City of San Diego provides additional guidance for implementation of angled parking, including the development of design and development criteria for angled parking. 11/2/2021 WSP 47 285 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Figure 3-2 Angled Parking Conversions Proposed in Downtown Parking Action Plan 9TH ST Q 2TH ST CIVIC CENTER DR 4TH ST i 8TH ST 5TH cT 11 TH ST 4TH ST — -� >I5TH ST 1 yl ¢i Oj 2 ISTH ST W o I O 14TH ST 16TH ST 6TH ST iTHH L=v...as1� — 0 8THST 7TH ST c3 PLAZA BLVD I I n !.__--------- IFLy0 A i I i I YJ I6TH ST I5TH ST 14TH ST ¢ 0 z ? x Parking to be ConweHed to Angled DSP Boundary CASE STUDY: ANGLED PARKING 0 300 600 Feel CITY OF SAN DIEGO: The City of San Diego does not currently have standard drawings or specific policy for the conversion and implementation of on -street angled parking. However, when evaluating streets for the implementation of angled parking, the City of San Diego has developed minimum recommended curb -to -curb widths as well as other key dimensions for various angles of angled parking. These recommended minimum curb -to -curb widths are also dependent on the Average Daily Traffic (ADT) of the street, and whether the street being evaluated is a one-way or two-way street. While these recommended minimum dimensions are an excellent tool for evaluating the number of net spaces that can be gained by converting parallel to angled parking by parking angle, it does not replace engineering design and judgment. Figure 3-3 provides a sample of the diagrams and tables documented by the City of San Diego. 11/2/2021 WSP 48 286 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Figure 3-3 Sample Concept for Angled Parking, City of San Diego ANGLE ON BOTH SIDES OF STREET 21120 4r [00EWPY CURB GENIE 11 r(A/0ER _ALL — — A-- DnryEwlx DRVEl1AV Wm as° art S5° ad MINIMUM CURB TO CURB TMDIN ANGLE B01H SIDE GC 58' 56' 8Y NN' 0 MINIMUM CURB 10 GU% H101N ANGL6OARALIR C-C 4' 50 02 MINIMUM CURB TO CURB. WPM ANGLING PARKING CL AR 49' AS 48 MINIMUM Cull TO CENREFEINE LM0T0 ANGLE PABIwG C-01 26' 29' 30' 32. 31 MINIMUM CO26 to CEMEPAJNE won.. PARALLEL RE-CL 20' 21' 20' 20' 20 MINIMUM CURB TO CENTERLINE w101N NO PARKING 3C.CL NE 16 N 14' 14. STANDARD VEHICLE REAR TO CURB FACE R5 142 16.0 15.8' 15.7 16' LARGE VE1.101E REAR 10 CURB FACE IL 1EIE 1B.B' 20T 212 21.T DISTANCE BETWEEN ENO OF STANDARD VEHICLE REAR 10 CENTERLINE IU CIE 11.E N.6 16.3' 16' 01}1AN00 BET1Y6EN ENO OF LARGE YENICLE BAR TO CENTERLNE 1'2 BY 9Y 63' 108' 123' TRAVE1 LANE 1v10T1-1 RICO CENTERLNE TO Elm OE PAINTED PARKING 51PoPf VI 18' >8' I, IT M PARALLEL PARKING P ff B' a' B' 8' RED 0060 BEFORE A DRKLWA.r OF ALLEY RI RED ^_UR1 AF1ER A DWEWAY OR INTERSECTION R2 2D' 12 15' 1a' N' RED CURD BEFORE A BNNASFC1011 R2 12' 12' 12 12 12 CURB FACE TO END CF PAINTED PARKING STRIPE 0 12' 13' N IS 1e WRIER TO TF 0 OF PNIFf PARNN6 SMTRE OF IPE D2 10' 11' 12' O' N' RORCONIAL 06TA*.E Er WPM FALE 6ET0FEN WARE 03 12.5' N5' IDS 10' IS ANGLED PARKING DISTANCE Fc1IPEN0IWAR SETWEETI PANTED PAWING ;SOWER W 6' B.t' M d2' 6Y ANGLED PAINTED P0R61NG SIRRIE FROM C1pE FACE TO ENO OF PAWNED RARMIND STRIFE L 18T WT 189 N3 185 ANGLED PAINTED PARKING STRIFE FROM ENO Cf GUTTER TO END OF PANTED FRANC STRIPE t22 156. 15.5' 16.7 164 42. DRNEWAY OR ALLEY JOINT/SHARED-USE AGREEMENTS WITH PRIVATE ENTITIES DITEWAY OR ALLEY National City has a large number of commercial landowners with surplus parking. Commercial retailers traditionally provide parking for peak period shopping times, with much of the parking being vacant most of the time. The City has identified several locations for potential shared -use agreements, where the city could partner with private owners for shared use of the parking space. Shared -use agreements are an effective use of real estate that results in benefits for both the city and the private party. The city benefits by saving significant construction costs required to build new parking infrastructure and the private party receives compensation for use of the unused parking real estate. Governments and the private businesses create contractual agreements such as Joint -Use Agreements (JUAs) to share costs and benefits in order to use resources more efficiently. For example. in exchange for providing additional public parking, a developer can leverage this agreement to reduce the parking requirement needed for a development since the parking spaces will be open for more users rather than just the users of a development. These agreements can exist between a local government and a private developer or between two private parties. One mechanism for establishing these agreements are in -lieu fees. In -lieu fees are essentially a market - based solution for developers to "buy out" of providing elements required by the zoning code. For example, a developer in theory could make an agreement to contribute a certain amount of money to the City's parking budget in exchange for requiring less parking in a development, should the City agree to do 11/2/2021 WSP 49 287 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA this. The fees are compensation for the loss of an asset deemed important to the City, and extends beyond parking. Generally, public entities establish a governing body or service to facilitate complex parking services, such as a parking management district. Additionally, these shared -use agreements typically facilitate mixed -use and high -density development, which means managing land use is critical to the success of these agreements. Due to the reduced parking supply, these agreements are best suited in transit overlay districts, such as the Transit Oriented District Overlay, which the proposed developments in Downtown National City fall in. When facilitated carefully, JUAs and Shared -Use Agreements can be powerful tools in maximizing the efficiency of parking supply, especially in more compact, downtown areas of cities. The following are examples of JUAs in adjacent cities. The benefits of JUAs to developers include reducing the number of parking spaces (non -leasable costs) in a development to provide more efficient uses of building space such as rental properties or commercial space. Parking systems require overhead and maintenance and thus reducing profitability for developers. JUAs reduce the costs of providing parking for both parties. An application to establish a shared -use facility is not listed on the City's community development services, meaning the establishment of a shared -use facility is not easily accessible by prospective developers and the City. It is recommended that the City of National City establish clear criteria to form Joint -Use and Shared -Use agreements between the City and other parties, or two parties within the City. National City has identified several parking lots which are recommended for potential shared use within the boundaries of the Downtown Specific Plan (Figure 3). These resources may not be utilized until the City establishes a clear process and public resources dedicated to managing these agreements. 11/2/2021 WSP 50 288 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Figure 3-4 Private Lots Identified for Potential Shared Use in Downtown Parking Action Plan I2ND ST 3RD ST 4TH ST STH ST 11TH ST 1 i I I 1 I 1 1 1 I i 1 1 1 I I 1 1 1 1 I >Lrel aI i1 I > �I 1 15TH ST 1 o / w 0i I • O h NATIONAL CITY aLVb 7TH ST 4 /Y p 1ST Sr w 2ND ST 3RD ST 4TH ST g 0 1� w •-� Q®11 :� 1 9TH ST i I 4 1 w Private Off-street Lots ▪ Potential for Use (# Spaces) ▪ Not Recommended LiDSP Boundary r w STH ST bb— PLAZA BLVD 14TH ST Q u, 15TH ST 9 300 °° (A‘ Feet 11/2/2021 WSP 51 289 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA CASE STUDIES: JOINT/SHARED-USE AGREEMENTS CITY OF SAN DIEGO3: The City of San Diego authorizes the use of shared parking facilities through a process outlined in the San Diego Municipal Code. For developments which are within a set horizontal distance, and developments within the City's Coastal Overlay Zone, the City of San Diego provides an application for shared -use parking facilities between two developments. The City sets requirements which must be met to establish a shared -use parking facility, which must be completed before building permits are acquired. The two parties involved in the formation of an agreement must present the agreement to the City Attorney, who will approve the agreement once it is deemed acceptable. The shared parking facility must be fitted with signage indicating the authorized use of the facility, as well as potential modifications to the structure in order to remain compliant with the requirements set in the municipal code. Finally, the two parties must conduct a parking study using the shared parking formulas provided by the City, to ensure demand is met over the course of the day for the proposed uses of the facility. The findings from these calculations then guide the decision to establish shared -use parking facilities in the City of San Diego. The City's municipal code outlines the thresholds a development is required to meet in order to maintain a shared -use agreement. Once the City agrees that the parking study is sufficient, the conditional building permit can be issued, and a shared parking facility can be established. Below are two examples of shared use agreements established by the City of San Diego and other public agencies within its city limits. Table 3-2 Examples of Shared -Use Agreements, City of San Diego Agreement Parties Location No. Key Terms 00-21175-3 Spreckels Elementary School 6033 Stadium St. San Diego, CA 92122 San Diego Unified School District; City of San Diego • 25-year term • Includes several facilities and utilities, including parking • District is responsible for installation and maintenance of the parking lot • City shall reimburse District 50% of incurred maintenance costs 00-20827 Carmel Creek School 4210 Carmel Center Road San Diego, CA 92130 Solana Beach Elementary School District; City of San Diego • • • • 25-year term Grants City access to several facilities, including parking City is responsible for performing all maintenance and repair of the parking areas Sets terms when San Diego can use facilities granted in the JUA CITY OF CHULA VISTA4: Shared parking facilities in Chula Vista are required for applicants on the same site with different land uses. Like San Diego, a Shared Parking Analysis is required, based upon the variations in the number of parking spaces needed throughout the day. This analysis considers the proposed use of the developments, plus the availability of on -street parking to augment the number of 3 https://www.sandiego.gov/park-and-recreation/parks/jointusefacilities 4 https://chulavista.municipal.codes/CVMC/19.62.040 11/2/2021 WSP 52 290 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA spaces required in the development itself. The shared parking analysis is reviewed by the Director of Development Services and the City Engineer for approval before an agreement can be made. Elements of the shared use facility are dictated in the City's municipal code. Like in San Diego, signage indicating the proper use of the facility, whether it is for tenants or residents, are required to manage parking demand within the parking facility. Additionally, modifications of the structure may be required before a conditional building permit is issued to the developer. Once all of the requested criteria are met and approved by the Development Services Director, the structure can be approved for construction. PARKING POLICY FOR NEW DEVELOPMENTS National City regulates parking by land use type and floor -area ratio. The City's policy is to require a minimum number of parking spaces based on the size of the development. The current parking requirements for new mixed -use developments in the Downtown National City area are: — Non -Residential Uses: — Minimum 2 spaces per 1,000 square feet floor area — Residential Uses: — Studio, 1 bedroom, and 2-bedroom units: Minimum 1 space per unit — 3 or more -bedroom units: Minimum 2.5 spaces per unit National City is in the process of producing a general plan update, which may include changes to parking requirements listed above. Continuing to participate in the General Plan update process and disseminating information from this study to guide development of National City's general plan update is important to ensuring City goals and objectives are consistent for all of National City's functions. Parking management staff should allocate time to working with City Planning staff to collaborate in the development of the new General Plan update. Additionally, National City has published a fee schedule covering most services, fines, and penalties issued by every City department. This schedule does not include in -lieu fees for parking or any other mitigation measure taken by a proposed development. Parking minimum requirements are based on expected vehicular demand based by land use type. All parking minimum requirements induce traffic demand. In general, higher parking minimum requirements induce a higher rate of vehicular traffic than lower parking minimums. Whereas elimination of parking minimum requirements can reduce traffic due to reduced parking availability. When combined with convenient and frequent public transit and active transportation, reduction or elimination of parking minimums can be an effective traffic mitigation tool. The State of California has set new requirements in the California Environmental Quality Act (CEQA) review process, mandating the metric used to determine traffic impacts be measured by Vehicle Miles Traveled (VMT) rather than Level of Service (LOS). Cities are adapting to the new regulation by closely reviewing traffic studies conducted by proposed developments and creating schedules of fees and rebates aimed at reducing VMT and incentivizing alternative modes of transportation. Based on the state mandated precedence, it is recommended that National City evaluate development parking policies aimed at reducing traffic and VMT into the city. This can be accomplished by creating incentives for developers to reduce VMT through establishing in -lieu fees and rebates. During the development review process, mutually beneficial incentives for the City and developers can be developed to help manage congestion in the City should be considered in further policy development. This will also 11/2/2021 WSP 53 291 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA help the City become more compliant with new State law and regulations. Finally, the City should publish all incentives and fees in the Municipal Code or a technical bulletin posted on the City's website. CASE STUDIES: PARKING MINIMUMS & IN -LIEU FEES FOR NEW DEVELOPMENT CITY OF SAN DIEGO: The City of San Diego regulates parking based on Floor Area Ratios (FARs), use, and alternative transportation modes. Considering the diversity of the City's landscape, the amount of parking provided by a development is determined on a case -by -case basis. Developers undergo approval processes before permits are issued by the City, which include a study of the proposed amount of parking in a development. Figure 3-5 contains examples from the Municipal Code. Figure 3-5 Examples of Minimum Parking Requirements, City of San Diego5 Zone Parking Spaces Required per 1,0001 Square Feet or Flour Area Unless Otherwise Noted (Floor Arca Includes Gross Floor Area phis below GradcFloor Arca and Exclude, Floor Agra devoted to Parking) Required Automobile Parking Spares Required Bicycle Parking Speces(i) Minimum Required Outside 1 TransirAre(t Minimum Regnired Within a Transit Area ll Maximum Permitted Minimum Required Commercial Zones CC- 1-i CC-2-I. CC-4-1 CC-5-1 2.5 2.1 6.5 O. I CC-1-2 CC-2-2 CC-4-2 CC-5-2 2.5 2.1 6.5 O.l CC-1-3 CC-2-3 CC-1-3 CC-5-3 5 0 (3) 43 6.5 O.l CC-3-4 CC-4-4 CC-54 2.5 2. I. {s. 5 41. I CC-3-5 1.0 (5) 1 0 (3) 5.5 O. l CC-3-5/Beach impact area4.5l 2.5 2.1 6.5 CC 5 1.0(5) 1 _i151 5.5. CC-5-5 1.25 I-25 5.5 0.I 5 https://dots.sandiego.gov/municode/MuniCodeChapter14/Ch14ArtO2Division05.pdf 11/2/2021 WSP 54 292 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Parking Ratios for Specified Non -Residential Uses Use Parkins Spaces Required per 1,000 Square Feet of floor Area Lnless Othertiiso Noted {Floor Area Includes Cimss Floor Arm plus below Grade Floor Arca, and Excludes Floor. Area Devoted to Parking) Required Automobile Parking Spaces Required Bicycle Parking Spaces I '' Minimum Required Outside a Transit Area Minimum Required Within s Transit A(1) lla:dmnm Permitted Carpool 1ioimum421 Minimum Institutional Separately regulated uses Botanical Gardens and Arberctmns 33 2.11 NIA NIA 2% et Auto Minimum Churches and places of religious assembly 1 per 3 scats; or 1 per 60 inches of pew space; or 30 per L.000 square far assembly ante if seating is not fixed 85% of Minimum NA NJA 2% of Auto Minimum Fducat]nna' facilities: Kindergarten through grade 9 2.0 pet -classroom if no assembly area or 30 per 1,000 square feet assembly area 85% of Minimum WA NJA 2% of Auto Minimum Grade 10 through grade 12 1 per 5 students al maximum occupancy 85% ofMinimum NIA NJA 2%of Auto Minimum Mutriple Dwelling Unit Type and Related and Accessory Uses Automobile Spaces Required Per Dwelling Unit (Unless Otherwise Indicated) Motorcycle Spaces Required Per Dwelling Unit") Bicycle Spaces Required Per Dwelling Cnitm Basic '1" Transit Area lb Parking Standards Transit Priority Area'', Parking Intpact't' Studio up to 400 square feet 1.25 1.0 0 1.5 0.05 0.3 1 bedroom or studio over 400 square feet 1.5 1.25 9 1.75 0.1 0.4 2 bedrooms 2.0 1.75 0 2.25 0_1 0,5 3-4 bedrooms 2.25 2.0 0 2.5 0.1 0.6 5+ bedrooms 2.25 2.0 0 (See footnote f) 0.2 1.0 Affordahle Housing dwelling units regulated by Section 142.0527 N/A NfA 0 0.25 beyond that required in Section 142.0527 (See footnote 3) (See footnote 3) Condominium conversion", 1 bedroom or studio over 41111 Square feet 2 bedrootn4 3 4- bedrooms 1.0 0.75 0 1.25 N/A N/A 1.25 1.0 0 1.5 NJA N/A 1.5 1.25 0 1.75 N/A N/A Rooming house 1.0 per tenant 0.75 per tenant 0.75 per tenant 1.0 per tenant 0_05 per tenant 03 30 per tenant Residential care facility (6 or fewer persons) 1 per 3 beds or per permit 1 per 4 beds or per permit 1 per 4 beds or per permit 1 per 3 beds or per permit N/A NJA Small ler subdivision in acco rd ance with Section 143.03115 11/2/2021 WSP 55 293 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Another consideration in determining the minimum amount of parking required is proximity to transit and other transportation facilities. The City of San Diego allows for lower parking requirements for developments falling within the City's Transit Area Overlay Zone. This area is defined in the City's municipal code as areas with high amounts of transit service, typically near light rail and rapid bus routes. San Diego recently adopted its Mobility Choice Program, aimed at reducing VMT pursuant to the City's Climate Action Plan and state laws such as SB 743. This program incorporates in -lieu fees for multimodal improvements and provides credits to developers that implement VMT-reduction measures, such as reduced parking, active transportation improvements, and facilities or services to connect to public transit. This incentivizes developers to increase transportation options and reduce parking, which uses land more efficiently and contributes to mobility and climate goals. The fees are calculated depending on a project's location in one of four Mobility Zones —City -defined areas that represent the VMT-reducing potential of new development —and other factors such as land use and floor area. CITY OF CHULA VISTA': Like most city governments, the City of Chula Vista provides development guidelines in its municipal code. These requirements are similar to San Diego's in that parking requirements are established by a mix of land use and FAR. Additionally, there are specific uses which may require more or less parking based on the expected number of people attracted to a development. Development guidelines establish development impact fees (DIFs) related to transportation, City services, and utilities. Fees are assessed based on a development's location and very based on the City's assessment of infrastructure needs. Additionally, some fees apply citywide, while others only apply to certain areas (Figure 3-6). These DIFs provide partial funding for much -needed transportation investments, services such as police and fire departments, and utility reinvestments. TDIFs are viable revenue streams for the City's parking enforcement and traffic engineering divisions, as the fees can be used to further implement parking management strategies and to more sustainably fund enforcement activities related to the proposed parking management strategies. If a developer intends to create more commercial activity in a City, it is reasonable to request they contribute to the potential strain the development will put on City services. The City of Chula Vista has provided additional guidance for compliance with California SB 743, which mandates the study of traffic impacts by VMT rather than by LOS. As part of the permitting process, a developer must demonstrate the efforts undertaken to minimize negative impacts on the adjacent network VMT as outlined by the City of Chula Vista through guidance from CEQA. These transportation studies consider the amount of parking proposed by a developer, which is reviewed by the City's planning commission and code enforcement officials. Once a development meets satisfactory approval from the Planning Commission or the Chula Vista Redevelopment Corporation, building permits can be issued. 6 https://www.chulavistaca.gov/departments/development-services/how-much-will-your-permit- cost/development-impact-fees 11/2/2021 WSP 56 294 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Figure 3-6 Transportation Developer Impact Fee (DIF) Areas, City of Chula Vista Naval Bas3 n DiegAt N alio!) al (7,:k MC TS, Diago] Dt.go lnibpd a, Nan Peiucio vviirmr, Imperial Beach Naval Outlying ni em,n Field Municipal Transportation DIF *** Assessment Ditr ct ;AD) 90-2 2.ayfrorrt Trenspor.e., 0,=::13:=01r, East., 7ra.per,s,ion 0 F (ETDI fler.er,Tralso-ortaton DEIr ;INTDIFI 11/2/2021 WSP 57 295 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA 3 STRATEGIES FOR PARKING DEMAND MANAGEMENT (UTILIZATION) Parking demand management refers to policies, programs, and incentives that affect the demand for parking, typically using pricing, metering, pricing, and permitting. The demand management strategies are sorted into four categories: - Metering - Pricing and payment collection — Permit districts — Time restrictions in permit districts METERING Parking meters provide are a key tool for local jurisdictions to encourage parking turnover in commercial and other -parking impacted areas. They also provide opportunities for revenue generation that can be reinvested back into local infrastructure or community services. The City of National City currently has an agreement with a vendor to procure parking meters. As the City explores the options and latest parking meter technology to procure and utilize for the City's needs, parking meter research was conducted on parking meter types, focusing on the key benefits and disadvantages by meter type. The results of this high-level research exercise can be seen in the table on the following page. Additional case study research was conducted in the cities of San Diego, Chula Vista, and Oceanside for how they procure and maintain their parking meters. Because the City of National City does not currently have any parking meters, the components of a parking meter system need to be well-defined in the municipal code. Elements such as parking enforcement officers, meter collection personnel, and authority to establish metered parking spaces is recommended for incorporation into the City's municipal code. CASE STUDIES: METERING CITY OF SAN DIEGO: The City of San Diego currently has an agreement with IPS, a local vendor based out of San Diego, to provide all parking meters and back office support. The City maintains responsibility for the installation and maintenance of parking meters and collection/enforcement duties. In total, the City has procured through IPS approximately —4,500 Single Space Coin/Credit Smart Meters and 165 multi - space meters. Together these two types of meters manage a total of 5,800 metered spaces. Over the last few years, parking meter procurements within the City of San Diego have been predominantly Multi -Space Smart Parking Meters. These were chosen due to the reduction in ADA and sidewalk clutter issues, the ability to dynamically adjust pricing, and back office support functions that can support parking enforcement officers in identifying violations, and meter utilization information. CITY OF CHULA VISTA: The City of Chula Vista currently has an agreement with ACE Parking that includes the procurement and maintenance of parking meter equipment. The City of Chula Vista selected ACE Parking to handle these responsibilities as part of a competitive RFP process. Subsequently, ACE Parking enters into cooperative agreements with parking meter vendors to supply/procure parking meter heads as well as manage all maintenance related issues. Currently, ACE Parking is in a partnership with Civic Smart and using Liberty meter heads in the City of Chula Vista. Specific information on the type of 11/2/2021 WSP 58 296 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA meter being used by the City of Chula Vista can be found here on Civic Smart's website. Single Space Smart Parking Meters I CivicSmart, Inc. CITY OF OCEANSIDE: The City of Oceanside has three types of parking meters from two different vendors that are currently in operation throughout the City. All parking meters on city streets were procured directly by the City without a competitive RFP process. — POM Single/Dual Space Coin Meters: historical selection based on a 40-year history with the City — IPS M5 Single Space Coin/Credit Smart Meters - chosen due to being the only credit card payment meter at the time of procurement — POM Single/Dual Space Coin/Credit Meters — currently used in testing While direct procurement was done between POM and IPS with the City of Oceanside for parking meters, a competitive RFP was used for parking machines that are utilized in municipal parking lots. 11/2/2021 WSP 59 297 of 317 CITY OF NATIONAL CITY Table 4-1 Parking Meter Types PARKING POLICY & REGULATORY CRITERIA Meter Type Case Study Example Details/Description Image Single Space Coin/ Credit Smart Meters San Diego Chula Vista Oceanside Single space coin/credit smart meters can accept both coin and credit card payments with magstripe or EMV certified card readers. Some individual meters are also able to process mobile payments and can be solar powered. Single space meters are intuitive and provide convenience to motorists with payment available at each individual space. For smaller blocks, they are also more cost effective. https://www.civicsnnart.com/new-liberty-next- pen-meter Dual Space Coin/ Credit Smart Meters Oceanside Dual space coin/credit smart meters provide all of the same benefits of single space parking meters but have the capability to manage two adjacent spaces under one parking meter housing. In addition to reducing the cost of procuring parking meters for each individual space, dual space meters also reduce sidewalk clutter in high pedestrian areas. Dual space meters are more intuitive for diagonal parking spaces but can be utilized for any on - street parking application given that the two spaces are adjacent. http://pom.com/mechanisms/parktel/ Multi -Space Coin/ Credit Smart Kiosks 11/2/2021 San Diego Multiple vendors throughout San Diego County utilize multi -space Smart Meters/Kiosks. These kiosks are typically more expensive but can cover multiple spaces. Additionally, depending on vendor and technology there are additional capabilities and features available. Smart kiosks typically provide three primary modes: ➢ Pay & Display: Motorists pay for their desired time and receive a ticket for display ticket on their dashboard, which are checked by enforcement officers. ➢ Pay by Space: Motorists select their space number and desired parking time. Enforcement officers can view real-time reports on active/inactive spaces. Pay by License: Motorists input their license plate number and select their desired parking time, then receive a ticket for display ticket on their dashboard, which are checked by enforcement officers. ➢ • https://www.ipsgroupinc.com/products/ms1/ WSP 60 298 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA PRICING & PAYMENT COLLECTION To determine appropriate parking meter pricing for the City of National City's future parking meters, an inventory of pricing in adjacent jurisdictions was conducted to provide context and information to the City to help in making future decisions. CASE STUDIES: PRICING CITY OF SAN DIEGO: The City of San Diego has variable parking meter rates throughout each of the five community parking districts in the City. Rather than establish a clearly defined rate sheet by area, the City of San Diego Municipal Code establishes an 85% utilization rate goal per block. Parking utilization rate refers to the number of available parking spaces (capacity) occupied per block. This 85% utilization rate is supported and cited in both the Institute of Transportation Engineers (ITE) Traffic Engineering Handbook and case study research from the SFPark program in San Francisco. While parking meter rates are variable, the minimum permitted charge is $0.25 per hour and as much as $2.50 per hour. Setting and modifying rates is approved at the City Council. The City of San Diego conducts parking utilization studies for each community parking district. These parking utilization studies originate from either public requests or are commissioned by the Community Parking District as part of annual planning and budgeting processes. Results and recommendations from these studies are approved as part of the Annual Plan and Budget report that is required to be sent to City Council. Approval of the Plan and Budget, which includes any rate modifications, rests with City Council and may be granted by authorizing the Mayor or City Manager to execute a written Agreement between the City and each Community Parking District Advisory Board, or through the annual citywide budgetary approval process. Additional information on the establishment and management of Community Parking Districts including the procedures for setting and modifying rates, refer to San Diego City Council Policy 100-187 and Municipal Code §86.08. CITY OF CHULA VISTA: In Chula Vista, parking meters and fee -based municipal parking lots are limited to the Downtown business area in the western portion of the City. The 3rd Avenue Business Association collaborated extensively with ACE Parking and the City of Chula Vista and decided on low meter fees to avoid deterring customers from shopping and dining throughout the Downtown area. While the meter fees are low, anecdotal evidence suggests that the fear of receiving a higher citation of $25 for an expired meter provides enough incentive to facilitate parking turnover in the area. The City of Chula Vista has developed a parking meter rate sheet that establishes parking meter rates as follows: — $0.25 per 30-minute interval — $0.50 per 60-minute interval. CITY OF OCEANSIDE: The City of Oceanside sets a parking meter rate based on what neighboring jurisdictions in Orange County and other beach communities in San Diego County are establishing. Their parking meter rates are also affected by mandated increases by the Coastal Commission. Single space parking meters are currently set at $1.50 per 60-minute interval. https://docs.sandiego.gov/councilpolicies/cpd 100-18.pdf 8 https://docs.sandiego.gov/municode/MuniCodeChapter08/Ch08Art06Division01.pd 11/2/2021 WSP 61 299 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA CASE STUDIES: PAYMENT COLLECTION CASH: As part of the development of parking meter policy and procedures for the City of National City, the City must prepare procedures for the collection of cash/coin from parking meters. The City of Chula Vista, due to their agreement with ACE Parking, provides an excellent case study for the best practices with regards to cash/coin collection procedures. ACE Parking has developed collection procedures that are conducted by coin collector officers. ACE Parking employs these coin collector officers, who are responsible for collecting the parking meter revenues through the use of a secured rolling safe. The coin cannisters themselves are removed from the parking meter and then secured within a coin tube as part of the rolling safe. Once coins are collected from the meter, the procedure/policy after collection is: - The coins are collected into the secured rolling safe and returned to the parking office. - The coin collector meets up with the opening parking enforcement officer who has a second key to the rolling safe. Both the cash collector key and parking enforcement officer key is required to open the rolling safe (Dual Custody) — The coins are transferred into deposit bags and sealed — deposit slips completed - The bags are brought to the bank by both employees and deposited (Dual Custody) - A receipt is given for the bags deposited as the deposit count will be conducted by the bank at a later time by weight. - Reconciliation is completed by the coin count employee and the city official who can confirm the coin deposit amounts from the bank when complete. - Reconciliation reports are completed for the month end statement provided to the City. CREDIT CARD: To remain technologically current and respond to user demand, additional payment methods are necessary for parking meters to be fully utilized by parkers. Among these payment collection methods are payments via credit card. In order to utilize credit cards at pay meters, use agreements must be negotiated between credit card companies such as Visa and Mastercard and the jurisdiction. Similarly, parking meter vendors can and do regularly negotiated with credit card companies to reduce fees associated with credit card processing. An example of this type of negotiation/strategy is described below. The company IPS Group which supplies the parking meters and kiosks to both the City of San Diego and the City of Oceanside developed a strategic partnership with AMG Payment Solutions (AMG). Through this strategic partnership, AMG and IPS jointly negotiated exclusive preferred interchange rates with Visa and Mastercard for IPS meter users. While this is a marketing strategy that IPS and AMG use to incentivize jurisdictions to contract with IPS, these types of agreements provides a case study precedent for the City of National City to inquire with their vendors as they implement credit card collection as part of the procurement of parking meters. PAY-BY-PHONE/APP: Another newer method of payment collection for parking includes Pay -by - Phone and Application based payments. This type of Figure 4-1 City of San Diego ParkMobile App CP 4 O 0 ❑ 0 11/2/2021 WSP 62 300 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA payment collection allows parkers and users to pay using different payment methods including Apple Pay, PayPal, as well as other credit cards. These apps also provide users and parkers additional benefits such as push notifications and alerts when parking sessions are about to expire, as well as provide enforcement officers details on actively parked spaces. These apps also interface with private lots as well, to give users as much information as possible when trying to park in parking congested areas. In the San Diego region, ParkMobile is an application that is used at some parking meters in the region. In the City of San Diego, parking meters that display a green ParkMobile sticker are eligible for payment via the mobile application. As the City of National City explores parking meter procurement, it is recommended that the City also explore opportunities to partner with ParkMobile and other pay-by- phone/application-based companies. PERMIT DISTRICTS The City of National City has planned out phases of parking permit districts within its city limits. This is not uncommon among cities in Southern California which, like National City, suffer from a parking supply that is near or at capacity. These areas help increase parking turnover by regulating parking more strictly for drivers not residing in the area they are parking and giving few to no restrictions to those residing in a residential permit parking district. In general, permit parking districts should be established in residential areas with low turnover and high demand. However, regulating curb space for residents of a permit parking zone must account for the other parking area users which may be negatively impacted by the establishment of an exclusive residential permit parking district. To remedy this, regulations for non -permit holders should be used to allow non-residents to park during certain hours to make the most of the parking supply in that area. This will help best manage parking on City streets and will better ensure residents have street parking near their homes. In dense, commercial environments, metered parking is more appropriate to manage parking as it facilitates higher turnover. National City currently has the framework needed to administer parking permits, as the City has already established residential permit parking areas. However, implementation will require additional City resources. Staff will be required establish new permit districts and associated regulations, adjust existing curb markings and signage, and administer the program in perpetuity. The regulations also should define certain key terms, such as Residential Permit Parking District and Parking Permit. Permitting methods may include: PLACARD: A temporary sign that hangs from a vehicle's rear-view mirror. These permits are visible by looking through the front windshield. STICKER: A permanent sticker displayed on the front or rear of a vehicle, visible from the exterior. VIRTUAL PERMITS: A new parking management system that uses vehicle information such as make, model, Vehicle Identification Number (VIN), or license plate number. Parking enforcement officers then identify permitted vehicles using these characteristics. The City of National City already owns License Plate Reader (LPR) units that could help facilitate a virtual permit system. 11/2/2021 WSP 63 301 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Figure 4-2 Examples of Permit Parking Placard & Sticker Fri Ar1z Slate University • TEMPE RURAL EVENING 19T632 CASE STUDIES: PERMIT DISTRICTS 5ZN6(046 1600653 CITY OF SAN DIEGO9: In San Diego, residents may form a petition to create a permit parking district which is then submitted to the City for review and approval. In order to be approved, a resident or group of residents must first contact the City's Traffic Engineering Operations. From there, Traffic Engineering Operations will determine if the proposed area is eligible pursuant to the City's municipal code to become a permit parking district. If the area is eligible, a petition will be sent to the inquirer, and requires 50% of residents in the proposed area to sign the petition. A parking study will be conducted once the signatures on the petition are verified, objectively considering such factors as percentage of non-resident vehicles parking in the neighborhood, the average amount of time vehicles are parked, and the total number of vehicles using on -street parking during this period. The City will typically form a parking district under the following conditions 1c): 1. There is a minimum of 500 residential units, occupying a minimum of six block faces 2. Area is predominantly residential 3. There is a single, major traffic generator in the immediate vicinity 4. The parking impact is long-term (3-hour minimum), severe (at least 75% of the vehicles are non-residents), and is commuter, not residential, in origin 5. There must be adequate existing on -street parking for residents to find spaces if a district were established 6. Existing legal off-street parking must be inadequate to meet the needs of the residents 7. If area wants to be added to or removed from an existing district, it must be contiguous with the district in order to be added, and must not create an "island" of non -permit parking within an existing district After a parking study is conducted to determine if a permit parking district should be established, a public hearing will be held with residents of the proposed district. From there, the City Council and Mayor must approve of the establishment of a permit parking district. City of San Diego parking permits cost $9 for the year per vehicle, and each qualifying address is allowed up to four permits. Permit parking holders can 9 https://docs.sandiego.gov/municode/MuniCodeChapter08/Ch08Art06Division20.pdf 10 These internal criteria were provided directly from City of San Diego staff 11/2/2021 WSP 64 302 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA purchase temporary permits for guests for $7 per year. Residential permit parking areas are enforced at varying times, but are generally enforced during the weekdays, with the exception of Area F, which is also enforced on Saturdays. The City will not enforce permit parking areas on holidays. These areas are enforced during varying times of the day but are generally enforced during working and commute hours. Figure 4-3 City of San Diego Permit Parking Districts acrfic Ocearh_ 11/2/2021 WSP 65 303 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA CITY & COUNTY OF SAN FRANCISCO": The San Francisco Municipal Transportation Agency (SFMTA) is known for its innovative parking management strategies, with Residential Parking Permits remaining an important strategy in managing the City's on -street parking supply. As is the case in San Diego, the process starts with interest from the residents within the proposed permit parking area. Residents must petition amongst themselves; signatures from either 250 households or 50% of the residential units must be filed with the City's Residential Parking Permit Program to start the process. After the resident petition is submitted, SFMTA reviews the signatures collected.. The City then conducts a parking occupancy study to confirm there is a problem that can be addressed by regulation. If the study shows that more than 80% of the spaces on an applying block are occupied, SFMTA staff will initiate the process to extend a residential permit parking district to that block by recommending regulation to the SFMTA Board of Directors. Once the studies are complete, the SFMTA Board of Directors reviews the Figure 4-4 SFMTA Permit Parking Districts SFMTA B information, and sign installation and permit issuance occur once the permit parking district information has been approved. The process of establishing a new Residential Parking Permit District in San Francisco can take up to two years. TIME RESTRICTIONS IN PERMIT DISTRICTS Parking permit districts have previously been proposed in the City's Downtown Specific Plan. The plan outlines the need to implement permit parking districts and phase them to cover more of the Downtown Specific Plan boundaries. More information about the Downtown Specific Plan can be found in this project's summary report for Task B. Once permit parking districts have been established, permit parking district permit holders will not be subject to timed parking restrictions within their assigned district; this will only apply to non -permit holders. The three phases show the different implementation of timed parking restrictions as they relate to permit parking districts proposed by the City. Within the areas delineated by dashed lines, the timed parking restrictions will apply to everyone who does not hold a parking permit for their respective district. These districts will likely be enforced 24 hours per day, but the time restricted parking in established permit parking zones will only be available during business hours to allow enough parking for patrons of the downtown business district on 8th street and to encourage turnover. Once outside business hours, the 11 https://www.sfmta.com/sites/default/files/reports-and- documents/2021 /08/rpp_extension_policy_memo_final_081121.pdf 11/2/2021 WSP 66 304 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA time restricted parking will expire, and these areas will be reserved for parking permit holders only. Having said this, it is imperative for the City to continue to monitor parking conditions in permit parking areas in order to effectively manage and implement policy fitting of the parking conditions observed in each permit parking district. Permit parking districts should be modified as new development is approved and new land use plans are considered. Phase 1 of the proposed parking permit districts covers all the 8th street downtown area and the National City Boulevard Corridor. As seen above, the focus of the Downtown area is defined by 8th street, between National City Boulevard and D Avenue, with 30-minute parking and parking meters proposed directly in front of the businesses along 8th street. The parking regulations are for the most part confined within the National City Downtown Specific Plan boundaries. Starting from 8th Street, the timed restrictions become gradually longer, starting to adjust to two hours immediately off the 8th street corridor up to four hours further away from the 8th street corridor. The National City Boulevard corridor starts at 1-hour parking but follows the same tiered timed parking restrictions as the 8th street corridor. 11/2/2021 WSP 67 305 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Figure 4-5 National City Permit District implementation Phase 1 0 0.25 Imo. il 1 0.5 Miles 8th St. Plaza Blvd. 12th St. 16th St 0 LEGEND L J Nationa I City Downtown Specific Plan Boundary No Parking 30-Minute Parking 1-Hour Parking Z• mom Parking 4-Hour Parking Phase' Parking Permit Implementation Phase 2 accounts for the proposed permit parking districts west of National City Boulevard, north of the Downtown Specific Plan boundaries, and just north of Kimball Park. These proposed permit parking districts will include four-hour parking for non -permit holders, otherwise the parking on City streets is unlimited for permit parking district holders within their assigned district. 11/2/2021 WSP 68 306 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Figure 4-6 National City Permit District implementation Phase 2 LEGEND ■ National City Downtown Specific Plan Boundary No Park.ing SO -Minute Parking 1-Hour Parking 2-Hour Parking 4 Homm Parking 1 i _ Phase 2 Parking Permit Implementation 11/2/2021 WSP 69 307 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA Phase 3 incorporates all the proposed permit parking districts in Downtown National City, which includes all areas within the Downtown Specific Plan Boundaries, and areas northeast of the Downtown Specific Plan boundaries not previously captured by a permit parking district phase. Figure 4-7 National City Permit District Implementation Phase 3 LEGEND .-t National City Downtowns Specific Plan Boundary No Parking SU-MinJta Parking t-Mohr Parking 2.Hour Parking 4-Hour Parking 1 i • Phase 3 Parking Permit Implementation 11/2/2021 WSP 70 308 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA 4 STRATEGIES FOR PARKING ENFORCEMENT Enforcement refers to the means and methods of collecting payment from parking meters, monitoring parking areas, issuing citations for parking violations, and facilitating a legal process for the adjudication and appeal of cited violations. — Deployment of enforcement resources — Fines and fees DEPLOYMENT OF ENFORCEMENT RESOURCES Most local jurisdictions in San Diego County provide for their own enforcement of public parking rules and meters, typically through dedicated parking enforcement officers, police officers, or privately contracted enforcement services. Some jurisdictions have service agreements with the San Diego County Sheriff's Department to provide enforcement services. There currently are no other multijurisdictional parking enforcement agreements in effect in San Diego County. CASE STUDIES: ENFORCEMENT RESOURCES CITY OF SAN DIEGO: The City of San Diego only permits the use parking meters within already defined Community Parking Districts, established by the City Council and designated in the City of San Diego Municipal Code. These districts are shown in Figure 5-1, and are Downtown, Uptown, Mid -City, Old Town, and Pacific Beach. Of these districts, only Downtown, Uptown, and Mid -City currently have parking meters while Pacific Beach is in the process of installing parking meters. While parking meter maintenance is managed across the Community Parking Districts with parking meters, parking enforcement including parking meter enforcement is conducted City -Wide. Table 5-1 shows the approximate number of parking meters by city area, as well as the number of staff that supports maintenance and enforcement. Parking enforcement officers are responsible for all parking violations, and the beats that each officer covers are adjusted based on need and prevalence of violations. For Figure 5-1 City of San Diego Metered Community Parking Districts LAJOLLA (disestablished) PACIFIC BE4CH UPTOWN OLD TOWN DOWNTOWN MID -CITY 1 _4 11/2/2021 WSP 71 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA example in the Downtown Community Parking District, 1 parking enforcement officer may be responsible for 4-5 square blocks of parking meters throughout the entirety of their shift. Table 5-1 City of San Diego Community Parking District Size 8 Staffing District / Location # of Parking Parking Meter Meters Maintenance Staff Parking Enforcement Staff Downtown 4016 Uptown 1570 Mid -City 250 Pacific Beach TBD 3 Supervisors 1 Sr. Technician 7 Technicians Old Town Non-CPD Areas in City of San Diego NA NA 58 Parking Enforcement Officers 6 Supervisors CITY OF CHULA VISTA: The City of Chula Vista Municipal Code designates specific roadway segments and municipal parking lots as designated parking meter zones. These zones have been established within the Downtown Chula Vista area and are currently enforced through a joint agreement with the ACE Parking, a private parking -management company based in San Diego. ACE Parking's current agreement with the City of Chula Vista includes the following meter -related enforcement responsibilities: — Procurement of parking meter heads — Maintenance of parking meter equipment — Collection of parking meter payments — Issuing of parking meter violation citations — Processing of parking citations — Appeals of parking citations — Collection of parking meter and turnover data With ACE Parking managing meter -related enforcement activities, the Chula Vista Police Department handles enforcement of all other types of parking violations including red zones, blue zones (disabled), fire lanes, alleys, and 72-hour violations. CITY OF OCEANSIDE: The City of Oceanside employs 12 full-time staff who are responsible for the enforcement of all parking -related issues including meter enforcement and other parking violations. Oceanside has approximately 167,000 residents and an area of approximately 42.2 square miles. CITY OF DEL MAR: The City of Del Mar employs 3 full-time parking enforcement officers and up to 11 part-time parking enforcement officers depending on the season, to handle all related parking enforcement issues pertaining to both parking meters as well as other violations. Del Mar has approximately 4,000 residents and an area of approximately 1.8 square miles. FINES & FEES In addition to enforcement, local jurisdictions have authority to set fees for violations of parking rules and meter, as well as late fees per the payment requirements set in the California Vehicle Code. These fees provide the greatest incentive for users to comply with parking regulations. As the City explores and 11/2/2021 WSP 72 310 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA selects a parking meter fee structure best suited for its residents and visitors, a case study of neighboring San Diego and Chula Vista can provide valuable insight to the City's decision -making process. Table 5-2 shows the initial cost for parking meter fees, as well as first and second late fees for these jurisdictions. Table 5-2 Parking Violation Fees in San Diego, Chula Vista & Oceanside Jurisdiction Expired Meter Fee 1st Late Fee 2nd Late Fee San Diego $42.50 $30.00 ($72.50 Total) $10.00 ($82.50 Total) Chula Vista $25.00 $25.00 ($50.00 Total) $0.00 ($50.00 Total) Oceanside $58.00 $58.00 ($116.00 Total) $0.00 ($116.00 Total) 11/2/2021 WSP 73 311 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA 5 SUMMARY OF RECOMMENDED STRATEGIES The following summarizes the recommended parking strategies for implementation as the next steps to this parking study. The following strategies will give the City more tools and greater flexibility to manage parking supply, demand, and enforcement. Most recommendations include updates to Municipal Code Title 11 as well as other written policies. STRATEGIES FOR PARKING SUPPLY MANAGEMENT (CAPACITY) SIGNAGE & CURB MARKINGS: Continue to use current signage and curb markings. Continue to monitor the California Vehicle Code and the municipal codes of surrounding cities to maintain general consistency with those regulations. Parking enforcement officers should continue to engage with other City departments to ensure consistency with current and proposed regulations. More detailed definition of authority to implement changes is needed in the municipal code. ANGLED PARKING: Continue to implement conversions to angled parking proposed in the Downtown Parking Action Plan, including allocating sufficient budget for the design and construction of roadway elements, striping, and signage. The City's Planning Department should work with the City Engineer to evaluate additional roadway segments with sufficient right-of-way that may be good candidates for additional conversions to angled parking. The City should also explore developing design and development criteria for angled parking or utilize angled parking guidance recommendations from the City of San Diego. JOINT/SHARED-USE AGREEMENTS WITH PRIVATE ENTITIES: Expand joint/shared-use agreements beyond the Westside Specific Area Plan. Establish —in the Municipal Code or a technical bulletin posted on the City's website—clear regulatory criteria for the formation of joint/shared-use agreements between the City and other parties, and between two parties within the City. Develop sample agreement language and publish with the criteria in the Municipal Code or a technical bulletin posted on the City's website. PARKING MINIMUMS & IN -LIEU FEES FOR NEW DEVELOPMENT: Through the General Plan update continue to adjust parking policies and requirements as needed for consistency. Create incentives for developers to reduce VMT and manage congestion through the establishment of in -lieu fees, rebates, and incentive policies. Publish all incentives and fees in the Municipal Code or a technical bulletin posted on the City's website. STRATEGIES FOR PARKING DEMAND MANAGEMENT (UTILITZATION) METERING: Because the City of National City does not currently have any parking meters, a parking meter system needs to be well-defined in the municipal code. Recommend that elements such as parking enforcement officers, meter collection personnel, and authority to establish metered parking spaces is incorporated into the City's municipal code. PRICING & PAYMENT COLLECTION: Recommend developing a pricing package and payment collections appropriate for City of National City using guidance from the case studies presented. Pricing should be available on the City's website as well as made available at City Hall. 11/2/2021 WSP 74 312 of 317 CITY OF NATIONAL CITY PARKING POLICY & REGULATORY CRITERIA PERMIT DISTRICTS: Allocate City resources to establish new permit districts and associated regulations, adjust existing curb markings and signage, and administer the program in perpetuity. Permit parking districts should be modified as new development is approved and new land use plans are considered. Include terms in recent planning documents which should also be defined in the municipal code, such as primary parking district and secondary parking district. The regulations also should define certain key terms, such as primary parking district and secondary parking district. TIME RESTRICTIONS IN PERMIT DISTRICTS: Continue to implement the permit parking districts proposed in the Downtown Specific Plan, including the recommended phasing of timed parking restrictions. This will allow residents to continue to park where they live, with turnover being managed during peak hours. STRATEGIES FOR PARKING ENFORCEMENT DEPLOYMENT OF ENFORCEMENT RESOURCES: Update the Municipal Code and supporting policies to allow the City to explore and engage in multijurisdictional parking enforcement agreements. FINES & FEES: Recommend developing a fines and fee package and payment collections appropriate for City of National City's application using guidance from the case studies presented. The fines and fees should be available on the City's website as well as made available at City Hall. 11/2/2021 WSP 75 313 of 317 The following page(s) contain the backup material for Agenda Item: First Quarter Fiscal Year 2022 Budget Review. (Finance) Please scroll down to view the backup material. 314 of 317 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2021 AGENDA ITEM NO.: ITEM TITLE: First Quarter Fiscal Year 2022 Budget Review. PREPARED BY: Paul Valadez, Budget Manager PHONE: 619-336-4332 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept the staff report. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Staff report 315 of 317 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 316 of 317 Item # 11/16/21 City Manager Report (City Manager) 317 of 317