Loading...
HomeMy WebLinkAboutRDA D.R. 93-12 MOD. 06-06-94AGENDA RDA NO. 4 6-6-94 DATE: JUNE 6, 1994 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT THOMPSON OWNER PARTICIPATION AGREEMENT MODIFICATION OF CONDITION OF DESIGN REVIEW 93-12 RECOMMENDATION It is recommended the Redevelopment Agency: . Either approve, by adopting Resolution No. RDA. 94-6, or deny by taking no action, an amendment to one of the conditions of Resolution No. RDA 93-9 concerning pedestrian access across the subject property; , Adopt Resolution No. RDA 94-7 certifying a Negative Declaration dealing with the adoption of the Owner Participation Agreement; . Adopt an Owner Participation Agreement providing $27,120 in financial assistance for the rehabilitation of the facade of the building at 100 West Main Street; and , Appropriate $27,120 from the Town Center Project Area Capital Improvement Fund. FINANCIAL IMPACT The Town Center Financing Plan, approved by the Redevelopment Agency on March 4, 1991, identified $200,.000 in tax increment funds from the Town Center Project Area as being available for commercial rehabilitation projects by Fiscal Year 1993-94. Adoption of this Owner Participation Agreement requires the appropriation of $27,120 from the projected 1993-94 Town Center Capital Account for this assistance. An additional $20,000 has already been allocated from the City's Commercial Rehabilitation Program, funded from Community Development Block Grant Funds. BACKGROUND In June, 1991, the City received the summary report on The Old Town Charette. The Charette participants included numerous local residents and business owners, planning and architectural Redevelopment Agency Report Agency Financial Assistance 100 West Main Street (Thompson) June 6, 1994 Page 2 professionals as well as city representatives. Its purpose was to identify strengths and weaknesses within the Old Town area. The subject building, located at 100 West Main Street (the southwest corner of Main Street and E1 Camino Real) was identified by the Charette as in need of improvement to make it more compatible with the character of Old Town. Subsequent to the Charette, the Redevelopment Agency sponsored a Regional/Urban Design Assistance Team (R/UDAT) of the American Institute of Architects to.analyze the findings of the Charette, as well as the Old Town area as a whole, and to make specific recommendations concerning improvements needed to maintain the viability and historic nature of Old Town. Concerning the subject property, the R/UDAT stated: "The Roach Building site and the adjacent office court should be redeveloped according to the following objectives: I . Improve the architectural character of the Main Street/E1 Camino Real intersection. 2. Enhance the identity of Old Town's retail core." Jeff and Cherie Thompson have recently purchased the "Roach" building and have been working with the Community Development Department to meet the concerns of the Charette and the objectives of the R/UDAT. They are proposing extensive exterior renovation to make the building compatible with the Cultural Resources District and to bring back to Old Town some of the architectural features which existed in the past. They also are proposing to make structural and tenant changes in the building to attract retail users to the first floor storefronts. The property owners have been working with the City Staff as part of the City's federally funded Commercial Rehabilitation Program. The Staff have already approved the property owner's application and have allocated $10,000 from CDBG funds for the design and engineering assistance, as well as an additional $10,000 to offset construction costs for rehabilitation activities. On June 23, 1993, the Redevelopment Agency approved the Design Review for the renovation of the facade of the office building located at 100 West Main Street (the southwest corner of Main Street and E1 Camino Real. In conjunction with this approval, the Agency also waived the lease fees for five (5) parking spaces owned Redevelopment Agency Report Agency Financial Assistance .... 100 West Main Street (ThompSOn) June 6, 1994 Page 3 by the Agency in the Stevens Square Parking Structure and authorized the Executive Director to execute a no-fee license agreement. The owners are requesting a modification to one of the conditions placed on the Design Review approval dealing with the license agreement. Subsequently, on October 4, 1993, the Agency authorized the Executive Director to negotiate an agreement between the Agency, the City and the owners to provide $27,120 in financial assistance to the owners to offset those renovation costs which cannot be financed through conventional financing methods. The Owner Participation Agreement is the result of these negotiations. DISCUSSION Amendment to Desiqn Review Condition 3.3 The Redevelopment Agency owns parking spaces in the Stevens Square Parking Structure. Because of the design of the structure, there is no direct pedestrian access from the structure to the center of Old Town. The Agency is working with Stevens Square to provide a stairway for pedestrians at the northeast corner of the structure. In conjunction with this, the Agency will also be working with the property owners adjacent to the structure to obtain easements to bring pedestrians from the structure to Main Street as well as E1 Camino Real. Agency Resolution No. RDA 93-9 approved the design for the improvement to this property and granted the owners a no fee license to use five parking spaces in the structure to meet their required parking. As part of the effort to provide direct access from the structure to E1 Camino Real, Condition 3.3 of the resolution requires the owners to enter into a recorded agreement with the City to provide pedestrian access across their property to E1 Camino Real. This access would need to be provided only when the City has obtained the necessary easements to the subject property from the parking structure. The property owners have expressed concern about this access across their property. These concerns include the following: 1. Their potential liability. · The creation of an "implied" public easement across their property. Redevelopment Agency Report Agency Financial Assistance 100 West Main Street (Thompson) June 6, 1994 Page 4 . The potential cost of modifying the drive approach onto the property from E1 Camino Real to provide a wide enough entry for both automobiles and pedestrians, particularly with the width required for sidewalks to accommodate the disabled. The owners anticipate additional improvements on the property in the future to add more storefronts in the area which is currently the parking area. However, there are no formal plans for this, at this time, nor a timeframe for submitting them. The property owners feel that any pedestrian access across their property should not be provided unless and until the property is fully improved as they envision. They are, however, willing to provide access from the structure to their property when the City has acquired the easements from the parking structure to their property. To this end, the property owners are requesting a modification to Paragraph 1 of Condition 3.3. Their changes are as follows (the crossed out words are those they propose be deleted; the underlined words are those they propose be added; the other wording would remain as adopted by the Agency): The applicant shall enter into a recorded agreement with the City of Tustin which will run with the land requiring the subject property owner to construct a pedestrian opening at the west building elevation to provide pedestrian access f-^~ ~ ...... tcrl~ ....... ~ ~^ ^~ ~ ~'~^~~^~" ~ ~ ~~^ ~^~ tO and from the buildinq and the public parkinq structure. The property owner may secure the openinq with non-screeninq material durinq non-business hours of the buildinq businesses. Design of the pedestrian opening shall be completed prior to any demolition or construction for the opening and shall require all applicable building permits. The pedestrian opening shall meet all current City Codes, Uniform Building Codes and A.D.A. requirements as determined by the Building Official. If the Agency wishes to approve this change, the Staff recommends you adopt Resolution No. RDA 94-6 amending Resolution No. RDA 93-9. If the Agency wishes to deny the proposed change, it does not have to take any action, the existing wording will remain. A copy of the Owner's letter requesting this modification is attached for your review. Redevelopment Agency Report Agency Financial Assistance~,~ 100 West Main Street (ThompsOn) June 6, 1994' Page 5 Owner Participation Aqreement As noted above, on October 4, 1993, the Agency authorized Staff to negotiate an agreement to provide a deferred loan of $27,120 to the owners to offset extraordinary costs for the facade renovation. The attached Owner Participation Agreement is the agreement which has been reached with the owners and complies with the directives given by the Agency to the Staff. The Agreement provides for the following: · The Agency shall make a deferred loan to the owners in the amount of $27,120. · The loan shall be forgiven at the rate of 10% per year, resulting in total forgiveness after 10 years. · If the owners sell the property, refinance it for more than the existing mortgage, or the ownership changes (unless through the death of one or both owners), the owners are required to repay the unforgiven portion of the loan. 4. No interest is being charged for the loan. · The loan will be secured by a deed of trust on the' property. · The loan proceeds, along with the Commercial Rehabilitation Grant, funded with Community Development Block Grant funds, shall be disbursed as reimbursements to the expenditures by the owners. , The renovation will be done in two phases. The first phase will include all of the work except the installation of a corner tower. The tower will be installed as a second phase, approximately one year after Phase I is completed. The Agreement also includes numerous provisions required to limit the City's and Agency's liability, as well as provisions required by either State Redevelopment Law or Federal requirements for the Community Development Block Grant Program. Staff recommends the Agency approve, by motion, the Owner Participation Agreement as negotiated with the Owners. Redevelopment Agency Report Agency Financial Assistance 100 West Main Street (Thompson) June 6, 1994 Page 6 Negative Declaration Pursuant to the California Environmental Quality Act, Staff prepared an initial study to determine whether there are any potential environmental impacts from the adoption of this Agreement. Based on this Initial Study, three impact categories were found to have impacts or possible impacts which can be mitigated. Effects on existinq parkinq facilities or demand for new parking The renovation will increase the use of the building and thus have a minor increase in the demand for parking. This impact is mitigated by the License Agreement to provide five spaces in the Stevens Square Parking Structure. Increase in traffic hazards to motor vehicle, bicyclists or pedestrians The renovation will require the temporary closure of the sidewalks on both E1 Camino Real and Main Street. The owners have provided a pedestrian safety plan to the Public Works Department and received approval for it. Increases in existinq noise levels The noise of the construction during the renovation will increase the existing noise level in the area on a temporary basis. This will be mitigated by the owners' contractors complying with the City's noise ordinance. Based on the initial study and the mitigation measures for the impacts caused by the project, the staff determined there are no potential significant environmental impacts from the adoption of this Owner Participation Agreement. These findings were made on March 10, 1994. Pursuant to the requirements of CEQA, staff issued a public notice of this finding, allowing' for public comment through April 14, 1994. No public comments were received during the public review period. Therefore, the Staff recommends adoption of Resolution No. RDA 94-7, certifying this Negative Declaration. Redevelopment Agency Report Agency Financial Assistance 100 West Main Street (Thompson) June 6, 1994 Page 7 A copy of the Initial Study is attached for your review. R~"~-~d zimmer R~developm~ Program Manager Ch~r~sti~ A. Shing~on Assistant City MaSqUer CAS: RZ: kbc~thmpopa, rz RESOLUTIONS 1 RESOLUTION NO. RDA 94-6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE AADOPTION OF AN OWNER PARTICIPATION AGREEMENT FOR THE IMPROVEMENT ON OF THE PROPERTY AT 100 WEST MAIN STREET INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Tustin Community Redevelopment Agency does hereby resolve as follows: I · The Tustin Community Redevelopment Agency finds and determines as follows: A® The proposed adoption of an owner participation agreement for the improvement of the property at 100 West Main Street is considered a "project" pursuant to the terms of the California Environmental Quality Act. Be A Negative Declaration has been prepared for this project and has been distributed for public review. C· The Redevelopment Agency has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. De The Redevelopment Agency has evaluated the proposed final Negative Declaration and determined it to be adequate and complete. II. A Final Negative Declaration has been completed in compliance with CEQA and State guidelines. The Redevelopment Agency, having authority over the approval of the owner participation agreement for the improvement of the property at 100 West Main Street, has received and considered the information contained in the Negative Declaration, prior to approval of the proposed project, and found that it adequately discussed the environmental effects of the proposed project. The Redevelopment Agency has found that the project involves no potential for an adverse effect, either individually or cumulatively, on wildlife resources and makes a De Minimis Impact Finding related to AB3158, Chapter 1206, Statutes of 1990. On the basis of the initial study and comments received during the public review process, the Redevelopment Agency has 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RDA Resolution No. 94-5 Page 2 found that, the proposed projects would not have a significant effect on the environment. PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency, held on the 6th day of June, 1994. Thomas Saltarelli Redevelopment Chairperson Mary E. Wynn City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RDA RESOLUTION NO. 94-6 MARY E. WYNN, City Clerk and ex-officio Clerk of the Redevelopment Agency of the City of Tustin, California does hereby, certify that the whole number of the numbers of the Redevelopment Agency of the City of Tustin is 5; that the above and foregoing RDA Resolution No. 94-6 was duly and regularly introduced, passed and adopted at a regular meeting of the Redevelopment Agency held on the 6th day of June, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: MARY E. WYNN City Clerk 1 RESOLUTION NO. RDA 94-7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A MODIFICATION TO CONDITION NO. 3.3 OF REDEVELOPMENT AGEMCY RESOLUTION NO. RDA 93-9 FOR THE PROPERTY LOCATED AT 100 WEST MAIN STREET, TUSTIN, CA. The Tustin Community Redevelopment Agency does hereby resolve as follows: I · The Redevelopment Agency finds and determines as follows: ae A proper application was submitted to the Redevelopment Agency on behalf of Jeffrey and Cherie Thompson requesting modification of Condition of Approval No. 3.3.of Redevelopment Agency Resolution No. RDA 93-9 to change the required agreement for pedestrian access across the subject property. Be The modification to the requirement for pedestrian access is determioned to be in the interest of the property owner and the Redevelopment Agency. II. The Tustin Community Redevelopment Agency hereby approves a modification to Condition of Approval No. 3.3 of Redevelopment Agency Resolution No. RDA 93-9 to read: 3.3 The applicant shall enter into a recorded agreement with the City of Tustin which will run with the land requiring the subject property owner to construct a pedestrian opening at the west building elevation to provide pedestrian access to and from the building and the pub;lic parking structure. The property owner may secure the opening withm non-screen material during the non- business hours of the building businesses. Design of the pedestrian opening shall be completed prior to any demolition or construction for the opening and shall require all applicable building permits. The pedestrian opening shall meet all current City Codes, Uniform Building Codes and A.D.A. requirements as determined by the Building Official. Construction of the pedestrian opening shall be required within 90 days notification by the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. RDA 94-3 Page 2 City to the subject owner, that the adjacent parcel to the west of the subject site, or a portion therefore, has been altered in grade to facilitate pedestrian access or when the City is able to obtain a pedestrian access easement to the subject property across Assessor Parcel No. 401-662-18. Said agreement shall be prepared by the applicant and will be subject to review and approval by the Community Development Department and the City Attorney's office prior to recordation. The agreement may include the requirement of posting of adequate security to ensure satisfaction of this condition as may be determined necessary by the City Attorney. PASSED AND ADOPTED by the Redevelopment Agency of the City of Tustin at a regular meeting held on the 6th day of June, 1994. THOMAS SALTARELLI Redevelopment Chairperson MARY WYNN, City Clerk LETTER FROM JEFF AND CHERIE' THOMPSON REQUESTING MODIFICATION TO CONDITION NO. 3.3 OF RESOLUTION NO. RDA 93-9 February 8, 1994 - 415 W. 6th Street Tustin, California 92680 Christine Shingleton, Assistant City Manager City of Tustin 300 Centennial Way Tustin, California 92680 Re: 100 W. Main Street Building Condition for Approval Modification Dear Christine: The purpose of this letter is to request a modification in one of the conditions for approval for the above referenced project. Specifically, we are requesting to remove the requirement to provide pedestrian access from the west property line to E1 Camino Real. Condition for~Approval C.3.3, of Resolution RDA 93-9, requires the property owner to "construct a pedestrian opening at the west building elevation [and] to provide pedestrian access from the westerly property line...to E1 Camino Real." For the current phase of the project we believe that the pedestrian opening is appropriate to provide better access and utilization for the users of the building, but that a license or easement for the public at large would be premature. Ironically, we are requesting a modification of a condition that was derived from the ultimate master plan of the property that we prepared. After attempting to address this condition, we do not believe it is appropriate to provide a license or easement for the public to cross the property at this time. Due to the current limitation of the initial phase, there would be additional cost factors to provide compliance of this condition. Additional costs would be ADA compliance for the driveway on E1 Camino, widening of the parking area entrance (current width is 26 feet) to accommodate pedestrians and vehicles, improvement of sight visibility, etc. Further, we would have concerns for safety and vandalism, since the pedestrian way is behind the existing shops. In the future construction phases with the expansion of the downstairs shops, a license for pedestrian access, predicated on the parking spaces provided via the parking structure would coincide more appropriately with the expanded building use. We request the first paragraph of condition 3.3 to be revised as follows: The applicant shall enter into a recorded agreement with the City of Tustin which will run with the land requiring the subject property owner to construct a pedestrian opening at the west building elevation to provide pedestrian access to and from the building and the public parking structure. The property owner may secure the opening with non- screening material during the non-business hours of the building businesses. Design of the pedestrian opening shall be completed prior to any demolition or construction for the opening and shall require all applicable buiMing permits. The pedestrian opening shall meet all current City Christine Shingleton 100 W. Main Condition Modifications Request Page 2 Codes, Uniform Building Codes and A.D.A. requirements as determined by the Building Official. Thank you for your time in considering this matter. contact us at (714) 544-3836. ShoUld you have any questions, please Sincerely, Cherie A. Thompson CitySreq.O12 NEGATIVE DECLARATION INITIAL STUDY CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM I · Background 1. Name of Proponent CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY · Address and Phone Number of Proponent 300 CENTENNIAL WAY, TUSTIN, CA, 92680 (714)573-3121 II. · · · Date of Checklist Submitted MARCH 24. 1994 Agency Requiring Checklist TUSTIN COMMUNITY REDEVELOPMENT AGENCY Name of Proposal, if applicable THOMPSON OWNER PARTICIPATION AGREEMENT Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) le Earth. Will the proposal result in: Yes Maybe No a· Unstable earth conditions or in changes in geologic substructures? be Disruptions, displacements, compaction or overcovering of the soil? Ce Change in topography or ground.surface relief features? de The destruction, covering or modification of any unique geologic or physical, features? Se Any' increase in wind or water erosion of soils, either on or off the site? f· Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any ban, inlet or lake? Yes Maybe No · · ge Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: a· Substantial air emission or deterioration of ambient air quality? b. The creation of.objectionable odors? C® Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? Water. Will the proposal result in: a· Changes in c~rrents, or the course of direction of water movements, in either marine or fresh water? be Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Ce Alterations to the course or flow of flood waters? d® Change in the amount of surface water in any water body? e· Discharge into surface waters, or in any alteration of surface water quality, ~including but not limited to temperature, dissolved oxygen or turbidity? fo Alteration of the direction or rate of flow of ground waters? ge Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? he Substantial reduction in the amount of water otherwise available for public water supplies? e e e · Yes Maybe No i· Exposure of people or property to Water related hazards such as flooding or tidal waves? Plant Life. Will the proposal result in: ae Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? be Reduction of the numbers of any unique, rare or endangered species of plants? X Ce Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? de Reduction in acreage of any agricultural crop? · X Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? be Reduction of the numbers of any unique, rare or endangered species of animals? Ce Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? de Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? be Exposure of people to severe noise levels? Light and Glare. Will the proposal produce new light or glare? Yes Maybe No · · 10. 11. 12. 13. Land Use. Will the proposal result in a substantial alteration of the present or planned, land use of an area? Natural Resources. Will the proposal result in: ae Increase in the rate of use of any natural resources? be Substantial depletion of any nonrenewable natural resource? Risk of Upset. Will the proposal involve: a· A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? be Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing· Will the proposal affect existing housing, or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: a® Generation of substantial additional vehicular movement? be Effects on existing parking facilities, or demand for new parking? X Ce Substantial impact upon existing transportation systems? de Alterations to present patterns of circulation or movement of people and/or goods? 14. 15. 16. ee Alterations to waterborne, rail or air traffic? fe Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? ee Maintenance of public facilities, including roads? f. Other governmental services? Energy. Will the proposal result in: a® Use of substantial amounts of fuel or energy? be Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Yes Maybe No 17. 18. 19. 20. 21. Human Health. Will the proposal result in: a® Creation of any health hazard or potential health hazard (excluding mental health)? be Exposure of people to potential health hazards? Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources a® Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? be Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or Object? Ce Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? at Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No 22. Mandatory Findings of .Significance. ae Does the project have the potential to degrade the quality of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? be Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). Ce Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) de Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. Discussion of Environmental Evaluation IV. Dete~--mination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. MARCH 24, 1994 Date Signature SECTION III Discussion of Environmental Evaluation Thompson Owner Participation Agreement 100 West Main Street March 24, 1994 Project Description Supplement - The proposed project is the consideration of an Owner Participation Agreement (OPA) by and among the City of Tustin, the City of Tustin Community Redevelopment Agency and Jeffrey R. and Cherie A. Thompson to provide assistance from the City of Tustin and from the Tustin Community Redevelopment Agency for the renovation of the property at 100 West Main Street, Tustin, within the Town Center Redevelopment Project Area. The legal description of the property is the North 100 feet of Lot 4 and the East 20 feet of the North 100 Feet of Lot 5 in Book 17, as shown on a map as a part of Tustin city, Book 4, Pages 218-29 in Miscellaneous Records of Los Angeles County. The assessor parcel number is 401-622-04. The OPA is in conformance with the goals and objectives of the Redevelopment Plan, which include "3) To revitalize and develop amenities in the Project area, both publicly and privately financed, as a means of aiding the revitalization of the E1 Camino Real section in particular;" The OPA is necessary to eliminate and prevent the spread of blight and deterioration within the Town Center Redevelopment Project Area as proposed in Section 301 of the Town Center Redevelopment Plan which states: "The Agency proposes to eliminate sand prevent the spread of blight and deterioration in the Project Area by: (1) Providing for participation by owners and residents presently located in the project Area by extending to them preferences to remain or relocate within the Project Area should their present structure be suffering from deterioration requiring assistance; (3) Redevelopment of land by private enterprise or public agencies for uses in accordance with this plan; .... " The OPA is also in conformance with the Rules for Participation by Owners and Business Occupants as outlined in Section 302 of the Redevelopment Plan, as amended on March 20, 1989. An Environmental Impact Report was prepared and certified for the adoption of the original Town Center Redevelopment Plan on October 20, 1976. Subsequently, Environmental Impact Report 88-02 was prepared and certified pursuant to the California Environmental SECTION III Discussion of Environmental Evaluation Thompson Owner Participation Agreement: 100 West Main Street March 24, 1994 Page 2 Quality Act (CEQA) for the amendment to the Redevelopment Plan adopted on March 20, 1989. On June 21, 1993, The City of Tustin Community Redevelopment Agency approved Design Review 93-012 by adopting Resolution No. RDA 93-9. This action provides for the remodeling of the facade of the building to enhance its appearance and to make it more architecturally compatible with the other structures in Old Town Tustin. It also provides for the reconfiguration of the on-site parking in compliance with the Parking Standards of the City of Tustin. These improvements were determined to be categorically exempt pursuant to Class 1, Section 15301 as minor alterations to an existing private structure. The OPA is to implement the improvements approved by Resolution No. RDA 93-9. Therefore, this analysis is only for the adoption of the Owner Participation Agreement and the assistance being provided by the City of Tustin and the City of Tustin Redevelopment Agency, pursuant to the OPA. The assistance being provided by the City of Tustin is being provided pursuant to the City of Tustin Commercial Rehabilitation Program. This program is funded through the Community Development Block Grant Program (CDBG) and therefore is subject to the National Environmental Policy Act of 1969 (NEPA). This project is categorically excluded from the National Environmental Policy Act of 1969 (NEPA); the NEPA regulations of the Council of Environmental Quality;' Executive Order 11514, as amended by Executive Order 11991, and other elated Federal authorities, pursuant to Part 58.35 (ii), 42 U.S.C. 1437o(i) (1) and (2), 3535(d), 4332, and 5304(g), entitled "Environmental Review Procedures for Recipients Assuming HUD Responsibilities." The Statutory Checklist required to be completed for a categorically excluded project is attached hereto for reference. ENVIRONMENTAL IMPACTS 1. Earth Items A throuqh G - "No" The proposed financial assistance will have no impact on geologic substructures, soil erosion or exposure of people or property to any geological hazards, as no grading is proposed with the acquisition of the property. SECTION III Discussion of Environmental Evaluation Thompson Owner Participation Agreement: 100 West Main Street March 24, 1994 Page 3 There is no construction work being proposed dealing with the movement or disruption of the soils on the site. Source: 2. Air · Field verification City of Tustin Building official Items A throuqh C - "No" Since the financial assistance is proposed only for renovation to an existing structure, and no change in the use of the structure is proposed, .the financial assistance will not result of the property acquisition, nor will it result in deterioration of ambient air quality, objectionable odors, or alterations of air movement, moisture, or temperatures. Source Review of Building Plans SCAQMD Guidelines Water Items A throuqh I - "No" This provision of financial assistance will not result in any of the following: changes in currents or water movements; alterations to the flow of flood waters; discharge into surface water; alteration of the rate or direction of flow of groundwater; reduction in the amount of water available for public water supplies; and/or exposure to water related hazards. No modification to the provision of water to the site or the discharge of water from the site is proposed. Source: Field verification City of Tustin Building official Plant Life Items A throuqh D - "No" Since there is no land alteration activity associated with the provision of financial assistance, the proposed project will not result in any of the following: changes in the diversity of species, or number of species of plants; reduction in the number of any unique, rare or endangered species of plants; introduction of any new species of plants; and/or reduction in SECTION III Discussion of Environmental Evaluation Thompson Owner Participation Agreement= 100 West Main Street March 24, 1994 Page 4 · · the acreage of any agricultural crop. Source: Field verification Tustin General Plan Technical Background Reports Animal Life Items A though D - "No" Since the subject property is currently fully developed and the proposed improvements will be minor physical alterations to the existing improvements, the proposed financial assistance will not result in any of the following: changes in the diversity of species or number of species of animals; reduction of the numbers of any unique, rare or endangered species of animals; introduction of new species of animals; and/or deterioration to existing fish or wildlife habitat. Source: Field verification Tustin General Plan Technical Background Reports Noise Item A and B - "Maybe" The proposed financial assistance will not result in increased noise nor will it expose people to severe noise levels on an on-going basis. There may be a temporary, intermittent increases in noise level due to construction activity authorized by the Owner Participation Agreement. Mitigation/Monitoring: The construction will be subject to the City of Tustin Noise Control Ordinance, Tustin Municipal Code Section 4611 et seq.. Source: Field verification Tustin General Plan Technical Background Reports · Lights and Glare t'Not' The financial assistance will not produce new light or glare. No changes to the level of the existing on-site lighting is proposed. SECTION III Discussion of Environmental Evaluation Thompson Owner P&rt[c[p&t[on &greement: 100 West M&in Street M&rch 24, 1994 Source: 8. Land Use · Field verification Tustin General Plan Technical Background Reports "No" The proposed financial assistance will provide solely for minor alterations to the existing structure. Therefore, there will be no substantial alteration of the present or planned land use of the area. Source: Field Verification Tustin General Plan Technical Background Reports Natural Resources Items A and B - "No" The site is currently fully developed and no substantial alteration is proposed to the existing improvements. The proposed financial assistance will not result in an increase in the rate of use of any natural resources or substantial depletion of any nonrenewable natural resource. Source: Field verification Tustin General Plan Technical Background Reports 10. Risk of Upset Items A and B - "No" The proposed financial assistance will not involve a risk of explosion or release of hazardous substances, nor will there be possible interference with the City's emergency response plan or emergency evacuation plan, in the event of an accident or upset conditions. Source: Field verification Tustin General Plan Technical Background Reports 11. Population "NO" The proposed financial assistance will not alter the location, distribution, density or growth rate of the human population of the area. SECTION III Discussion of Environmental Evaluation Thompson Owner Participation Agreement: 100 West Main Street March 24, 1994 Page $ Source: Field verification Tustin General Plan Technical Background Reports 12. Housing "No" The current site is commercially developed. The proposed financial assistance will not provide for the development of any housing nor will it provide for the expansion of the existing uses, thus creating a demand for additional housing. Therefore, the proposed financial assistance will not affect existing housing nor create a demand for new housing. Source: Field verification 'Tustin General Plan Technical Background Reports 13. Transportation/Circulation Items A, C, D and E - "No" The proposed financial assistance will not result in the following: generation of substantial additional vehicular movement; effects on existing parking facilities, or demands for future parking; alterations to present patterns of circulation or movement of people and/or goods; alterations to waterborne, rail or air traffic. Item B and F - "Yes" The proposed financial assistance does provide for a renovation project which will have a minor effect on existing parking facilities. The Property Owner has obtained a license agreement for use of Redevelopment Agency owned parking spaces in the Stevens Square Parking Structure. The improvement to the building does not increase the demand for parking. The License Agreement brings a currently non-conforming property into conformance with the City of Tustin parking requirements. The proposed financial assistance does provide for a renovation project which, during constrUction, may cause minor and intermittent hazards to motor vehicles, bicyclists and pedestrians. Mitiqation/Monitoring: A pedestrian safety plan and a traffic control plan will be submitted and approved by the City of Tustin Public Works Department before the issuance of any building permits. SECTION III Discussion of Environmental Evaluation Thompson Owner Participation Agreement: 100 West Main Street March 24, 1994 Page ? Source: Field verification Redevelopment Agency Resolution No. RDA 93-9 Tustin General Plan Technical Background Reports 14. Public Services Items A throuqh F - "No" Because the proposed financial assistance will not result in the expansion of the building nor a change in the use of the existing building, it will not result in a need for new or altered governmental services. Source: Field verification Tustin General Plan Technical Background Reports 15. Energy Items A and B - "No" The proposed financial assistance will not result in the expansion of the existing building nor in a change in use of the building. Therefore it will not result in use of substantial amounts of fuel or energy nor a substantial increase in demand upon existing sources of energy, or require the development of new sources of energy. Source: Field Verification Tustin General Plan Technical Background Reports 16. Utilities Items A throuqh F - "No" The proposed financial assistance will not result in the expansion of the existing building or a change in its use. Therefore it will not result in a need for new utility systems nor require substantial alterations to existing systems. Source: Field verification Tustin General Plan Technical Background Reports 17. Human Health Items A and B - "No" The proposed financial assistance will not result in the SECTION III Discussion of Environmental Evaluation Thompson Owner Participation Agreement= 100 West Main Street March 24, 1994 Page 8 18. 19. 20. 21. creation of any health hazard or potential health hazard, nor will it result in exposure of people to potential health hazards. Source: Field verification Tustin General Plan Technical Background Reports Solid Waste "No" The proposed financial assistance will not create additional solid waste requiring disposal. Source: Field verification City of Tustin Public Works Department Aesthetics "No" The proposed financial assistance is intended to result in a building more compatible with the character of the Tustin Old Town. Therefore, it will not result in the obstruction of any scenic vista or view open to the public, nor will it result in the creation of an aesthetically offensive site open to public view. Source: Field verification Tustin General Plan Technical Background Reports Recreation "No" The proposed financial assistance will not result in an impact upon the quality or quantity of existing recreational opportunities. Source: Field verification City of Tustin Community Services Department Tustin General Plan Technical Background Reports Cultural Resources Items A throuqh D - "No" The proposed financial assistance will bring an existing non- SECTION III ' Discussion of Environmental Evaluation Thompson Owner Participation Agreement: 100 West Main Street March 24, 1994 Page 9 historic building into conformance with the historic character of the Tustin Old Town and the character of the City of Tustin Cultural Resources District. Therefore it will not result in any of the following: alteration or destruction of a prehistoric or historic archeological site, building, structure or object; potential to cause a physical change which would affect unique cultural values; and/or restriction of existing religious or sacred uses within the potential impact area. Source: Field verification City of Tustin Cultural Resources Survey Report Mandatory Findings of Significance Items A throuqh D - "No" The proposed financial assistance will not result in any significant adverse impacts on the environment, will not have the potential of achieving a short term environmental goal to the disadvantage of long term goals, does not have limited individual impacts which are cumulatively significant, nor will it cause substantial adverse effects, either directly or indirectly, on human beings. Source: Field verification Tustin General Plan Technical Background Reports Statutory Checklist Checklist of Applicable Statutes and Regulations ProJect Name and Identification No. THOMPSON OWNER PARTICIPATION AGREEMENT 100 WEST MAIN STREET, TUSTIN, CA 92680 Are all activities of this project exempt from NEPA procedures? !--] Yes ~ No (If yes. this Statutory Checklist need not be filled out.) Are activities of this project categorically excluded from NEPA procedures? (if)'es. this Statutory Checklist and all required actions must be completed.) / Area of Statutory--Regulatory Compliance ~ Yes [] No (Precise citations for applicable statutes and regulations are printed on the back of this Checklist. FuU No~e Com~ Documen~n discussion of each is provided in Appendix B of this Guide.) Historic Properties X Floodplain Manage~,ent X Wetlands ProtecHon X Noise Air Ouality Manmade Hazards X ~Thermai/Expiosive Hazards Airport Clear Zones X Water Quality X Navigable Waters ,,, Aquifers X Solid Waste Disposal ~ -- X Coastal Areas ----- ~ Coastal Zone Management X Coastal X Barrier Resources Endangered Species X __ _ once rcq &orion.% have been taken. Data Sources and Documentation Historic Properties Floodplain Management \ Wetlands Protection Noise Air Quality Manmade Hazards Water Quality Solid Waste Disposal Coastal Areas Endangered Species Farmlands Protection Wild and Scenic Rivers State or Local Statutes N/A N/A N/A NO LONG-TERM NOISE IMPACTS ASSOCIATED WITH THIS PROJECT. TEMPORARY, SHORT-TERM CONSTRUCTION NOISE MAY BE GENERATED. COMPLIANCE WITH CITY NOISE ORDINANCE WILL BE REQUIRED. N/A N/A N/A TEMPORARY CONSTRUCTION DEBRIS WILL BE GENERATED BY THIS PROJECT. NO PERMANENT OR LONG-TERM IMPACTS ARE CREATED. N/A N/A N/A N/A STATE AND LOCAL STATUTES HAVE BEEN COMPLIED WITH 23 OWNER PARTICIPATION AGREEMENT OWNER PARTICIPATION AGREEMENT by and among THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF TUSTIN and JEFFREY R. AND CHERIE A. THOMPSON husband and wife as Participants June 6, 1994 OWNER PARTICIPATION AGREEMENT TABLE OF CONTENTS I. [100] SUBJECT OF AGREEMENT ............... 1 A. [101] B. [102] C. [103] D. [104] 1. [105] 2. [106] 3. [107] 4. [108] II. [200] A. [201] B. [202] C. [203] D. [204] E. [205] F. [206] G. [207] H. [208] III. [ 300 ] A. [301] B. [302] Purpose of Agreement .......... 1 The Redevelopment Plan ......... 1 The Site ................ 2 Parties to the Agreement ........ 2 The Agency/The City ........ 2 The Participants .......... 2 Representations of the Participants 2 Relationship of Agency to Participants ............ 3 DEVELOPMENT OF THE SITE ........... 4 Scope of Development .......... 4 Site Plan and Building Elevations .... 4 Condition of Approval Agreements .... 5 License Agreement for Parking Rights . . 5 Agreement for Pedestrian Access ..... 5 Cost of Construction .......... 5 Agency--No Responsibility for Development of Site ................. 5 Construction Schedule .......... 5 FINANCIAL ASSISTANCE TO PARTICIPANTS ..... 6 Purpose of City and Agency Financial Assistance to Participants ....... 6 Preliminary Approvals .......... 6 Ce De E® IV. [ 400] A. Be Ce De E. F. G. H. [303] · · · [307] 1. · · [314] [315] [401] [402] [403] [404] [405] [406] [407] [408] [304] [3o5] [306] [308] [309] [310] [.311] [312] [313] Commercial Rehabilitation Grant from City . · · . .............. · Funding Through Commercial Rehabilitation Program .............. 7 Community Development Block Grant Program .............. 7 Disbursement of CDBG Grant Funds . . 7 Loan by Agency ............. Amount of Loan ........... 8 Form of Loan ............ 8 Forgiveness of Loan ........ 8 Repayment of Non-forgiven Principal ............. Payment of Loan Proceeds ....... 8 Promissory Note and Trust Deed . . . 9 Release of 10% Retention ........ 9 Maximum Amount of City and Agency Assistance .............. 10 CONDITIONS OF CONSTRUCTION ......... 10 Time Limit for Construction ...... 10 Required Licenses and Permits ..... 10 Use of Contractor; One (1) Year Guarantee ............... 10 Quality of Work ............ 11 Quality of Materials ......... 11 Clean-up of Premises ......... 11 Additions or Deletions to Improvements 11 Inspection by the City and the U.S.-Department of Housing and Urban Development . . . 11 ii I. [409] J. [410] K. [411] V. [500] A. [501] B. [502] C. [503] D. [504] VI. [600] A. [601] B. [602] C. [603] VII. [700] A. [701] B. [702] C. [703] v~ [800] A. [801] B. [802] 1. [803] 2. [804] 3. [805] c. [806] D. [807] Painting Requirements; Prohibition on Lead Based Paint ............ 12 Employment and Labor Regulations ..... 12 Pre-Construction Conference ........ 14 USE OF THE SITE · . .............. 14 Uses .................. 14 Retail Uses ............... 14 Maintenance of the Site ......... 15 Effect and Duration of Covenant in Sections 501 and 503 .......... 15 NONDISCRIMINATION .............. 15 Nondiscrimination--General ....... 15 Nondiscrimination--Rental, Sale or Lease .................. 15 Effect and Duration of Covenant ..... 17 INSURANCE AND INDEMNIFICATION ........ 17 Worker's Compensation, Bodily Injury and Property Damage Insurance ........ 17 Insurance Endorsements ......... 17 Indemnification ............. 18 DEFAULTS AND REMEDIES ............ 18 Defaults -- General ........... 18 Legal Actions .............. 19 Institution of Legal Actions .... 19 Applicable Law ........... 19 Acceptance of Service of Process . . 19 Rights and Remedies Are Cumulative . . . 19 Inaction Not a Waiver of Default .... 19 iii E. [808] 1. [809] 2. [811] 3. [811] IX [900] A. [901] B. [902] C. [903] D. [904] E. [905] F. [906] G. [907] H. [908] I. [909] J. [910] x. [1000] Remedies and Rights of Termination . . . 20 Failure to Complete Construction; Repayment of Assistance ~ ..... 20 Damages .............. 20 Specific Performance ........ 20 GENERAL PROVISIONS .............. 21 City of Tustin Commercial Rehabilitation Program ................. 21 Disputes to be Determined by City .... 21 Local, State and Federal Laws ...... 21 Taxes, Assessments, Encumbrances and Liens .................. 22 Rights of Access ............ 22 Effect of Violation of the Terms and Provisions of this Agreement ...... 22 Notices, Demands and Communications Between the Parties ........... 22 Conflicts of Interest .......... 23 Enforced Delay; Extension of Times Performance ............... 24 Nonliability of officials and Employees of the Agency .............. 24 SPECIAL PROVISIONS .............. 24 A. [1001] Successors In Interest ......... 24 B. [1002] Amendments to this Agreement ...... 25 XI. [1100] ENTIRE AGREEMENT, WAIVERS .......... 25 XII [1200] DATE OF THE AGREEMENT BY AGENCY ....... 25 iv Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 Attachment 10 Attachment 11 Attachment 12 Attachment 13 Attachment 14 Attachment 15 Attachment 16 ATTACHMENTS Site Map Legal Description Schedule of Performance Scope of Development Redevelopment Agency Resolution No. RDA 93-9 Site Plan and Building Elevations Agreement to Conditions Imposed License Agreement for Parking Rights Schedule of Payments Labor Lien Release Material Lien Release Promissory Note Deed of Trust Notice of Completion Agreement to be Recorded Affecting Real Property Employment and Labor Regulations Compliance Requirements OWNER PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by and among the CITY OF TUSTIN, a municipal corporation ("CITY"), the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic, to wit, a California community redevelopment agency (the "Agency"), and JEFFREY R. and CHERIE A. THOMPSON, husband and wife (the "Participants"). The City, the Agency and the Participants hereby agree as follows: I. [100] SUBJECT OF AGREEMENT A. [101] Purpose of Aqreement The general purpose of this Agreement is to promote the implementation and realization of the objectives of the Redevelopment Plan (the "Redevelopment Plan") for the Town Central Redevelopment Project Area (the "Project Area"), such as providing for the rehabilitation of structures and improvements of certain property situated within the Project Area and the redevelopment of land by private enterprise for uses in accordance with the Redevelopment Plan. That portion of the Project Area to be developed pursuant to this Agreement (the "Site") is depicted on the Site Map, Which is attached hereto as Attachment 1 and incorporated herein by reference. This Agreement is entered into for the specific purpose of developing the Site and not for speculation in land holding. Completing the development on the Site pursuant to this Agreement is in the vital and best interest of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. Completing the development on the Site will also eliminate blight in the Project Area, provide additional jobs for the community and substantially improve the economic and physical conditions of the community in accordance with the purposes and goals of the Redevelopment Plan. B. [102] The Redevelopment Plan This Agreement is subject to the provisions of the Redevelopment Plan which was approved and adopted by the City Council of the City of Tustin by Ordinance No. 701 as amended by Ordinance No. 855 and 1021. Said ordinances and The Redevelopment Plan, as amended, are incorporated herein by reference and made a part hereof. C. [103] The Site The Site is that portion of the Project Area designated on the Site Map (Attachment No. 1) and described in the "Legal Description", which is attached hereto as Attachment No. 2 and is incorporated herein by reference. The Site is currently owned by the Participants. D. [104] Parties to the Aqreement 1. [105] The Agency/The City The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office and mailing address of the Agency (for purposes of this Agreement) is located at 300 Centennial Way, Tustin, CA 92680 "Agency", as used in this Agreement, includes the City of Tustin Community Redevelopment Agency, and any assignee of or successor to its rights, powers and responsibilities. "City", as used in this Agreement, includes the City of Tustin, and any assignee of or successor to its rights, powers and responsibilities. 2. [106] The Participants The Participants are Jeffrey R. and Cherie A. Thompson, husband and wife. The mailing address of the Participants is 415 W. Sixth Street, Tustin, CA, 92680. 3. [107] Representations of the Participants The Participants represent and warrant to the Agency and City that the Participants have the experience, qualifications and legal status necessary to perform as Participants pursuant to this Agreement. Participants represent and warrant to the Agency and City as follows: a. The Participants are husband and wife and have duly authorized, executed and delivered this Agreement and any and all other agreements and documents required to be executed and delivered by the Participants in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement. b. The Participants do not have any material contingent obligations or any material contractual agreements which could materially adversely affect the ability of the Participants to carry out their obligations hereunder. c. There are no material pending or, so far as is known to the Participants, threatened, legal proceedings to which the Participants are or may be made a party or to which any of their property is or may become subject, which has not been fully disclosed in the material submitted to the Agency which could materially adversely affect' the ability of the Participants to carry out their obligations hereunder. d. The Participants have performed all of their obligations to be performed at or prior to this date in accordance with the Schedule of Performance (Attachment 3) and is not in default hereunder. Each of the foregoing items a to d, inclusive, shall be.deemed to be an ongoing representation and warranty. The Participants shall promptly advise the Agency and City in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items a to d, inclusive. Ail of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and the permitted successors and assigns of the Parties. Whenever the term "Participants" is used herein, such term shall include any other permitted successors and assigns as herein provided. 4. [108] Relationship of Aqency and City to Participants It is hereby acknowledged that the relationship of the Agency and/or City to the Participants is not that of a partnership nor joint venture and that the Agency and/or City shall not be deemed or construed for any purpose to be the agent of the Participants. Nor shall the Participants be deemed or construed to be the agent of the Agency and/or City. II. [200] DEVELOPMENT OF THE SITE A. [201] Scope of Development The Participants shall, by the respective times established therefor in the Schedule of Performance (Attachment 3): (i) commence and complete or cause to be commenced and completed all of the "Site Improvements" as more fully described in the "Scope of Development", which is attached hereto as Attachment No. 4 and which is incorporated herein by reference; (ii) complete the development of "Phase I Improvements" (as defined in the Scope of Development [Attachment 4]); and (iii) complete the development of "Phase II Improvements" (as defined in the Scope of Development [Attachment 4]). As of the time established in this Agreement for completion of the Site Improvements, as hereinafter defined in the Schedule of Performance (Attachment 3), the Participants shall have: (i) developed and established on the Site the Use as defined in Sections 401 and 402 of this Agreement and (ii) completed the Site Improvements in conformity with this Agreement, including, but without limitation, the entire Scope of Development (Attachment 4). The Participants shall construct or cause to be constructed the Site Improvements in compliance with all the zoning, planning and design review requirements of the City of Tustin, the Redevelopment Plan and the Municipal Code of the City of Tustin. Ail construction undertaken on the Site or as part of the Site Improvements shall conform to all conditions and requirements of Redevelopment Agency Resolution No. RDA 93-9 approving Design Review 93-012, which is attached hereto as Attachment 5 and incorporated herein by reference, or as such Resolution No. RDA 93- 9 may be subsequently amended by the Agency. B. [202] Site Plan and Buildinq Elevations As part of its action, the Redevelopment Agency approved a site plan and building elevations. The exhibits used by the Redevelopment Agency for consideration and approval are attached hereto as Attachment 6 and are incorporated herein by reference as part of the Scope of Development. The development of the Site shall substantially conform to the site plan and building elevations, or as such site plan and building elevations may be modified by the Director of Community Development pursuant to the provisions of the City of Tustin Zoning Code. C. [203] Condition of ApprOval Aqreements As a condition of approval for Redevelopment Agency Resolution No. RDA 93-9, the Participants were required to sign an "Agreement to Conditions Imposed." This agreement is attached hereto as Attachment 7 and is incorporated herein by reference. D. [204] License Agreement for Parking Riqhts As a condition for approval for Redevelopment Agency Resolution No. RDA 93-9, the Participants are required to enter into a License Agreement for Parking Rights with the Agency. This Agreement is attached hereto as Attachment 8 and is incorporated herein as reference as part of the Scope of Development. Participants shall sign this Agreement within the timeframe outlined in the Schedule of Performance (Attachment 3). E. [205] Agreement for Pedestrian Access As a condition for approval for Redevelopment Agency Resolution No. RDA 93-9, the Participants are required to enter into an Agreement for Pedestrian Access with the City and the Agency. Participants shall sign this Agreement within the timeframe outlined in the Schedule of Performance (Attachment 3). F. [206] Cost of Construction Ail costs for planning, designing, developing and constructing all Site Improvements, and all demolition and site preparation costs, as well as all infrastructure costs, shall be borne by the Participants. The Participants shall ~complete or cause to be completed all of the improvements set forth in the Scope of Development (Attachment 4) to be constructed on the site. G. [207] Agency--No Responsibility for Development of Site The Agency has no responsibility for the development of The Site and nothing herein shall imply, nor be construed, to place any such responsibility on the Agency. H. [208] Construction Schedule After the effective date of this Agreement, the Participants shall promptly begin and thereafter diligently prosecute to completion the construction of the Site Improvements and the development of the Site. The Participants shall begin and complete all construction and development within the respective times specified therefor in the Schedule of Performance (Attachment 3). In any event, the Participants shall complete all construction and development of Site Improvements no later than the times provided therefore in the Schedule of Performance (Attachment 3). Upon written approval by the Director of Community Development, the time for completion of construction may be extended by the number of calendar days which Participant, Agent, servants, employees and contractors are prevented from performing work as a result of: ae Ce Inclement weather Unavailability of workers or materials due to labor disputes Circumstances which would not reasonably be the responsibility of the Participants. TTT. [3oo] FINANCIAL ASSISTANCE TO PARTICIPANTS ae [301] Purpose of City and Agency Financial Assistance to Participants The purpose of the City and Agency financial assistance is to assist the Participants' costs for improvements that 1) are needed to make a non-historical building substantially compatible with the character of~ Old Town, thus strengthening the economic base of the Project Area; 2) are needed to pay for costs which can not reasonably be expected to be financed through conventional financing sources and which make the Project financially infeasible for the private sector, acting alone, unless alleviated by Agency assistance; and 3) assist in offsetting the financial risk of making improvements within the Project Area, which has been identified in the Redevelopment Plan as economically blighted. B. [302] Preliminary Approvals Participants shall submit to the City plans for the construction work for approval. Such plans shall be in substantial conformance with the Site Plan and Elevations attached hereto as Attachment 6 and referred to above. Upon approval by City of the plans for construction work, Participants shall submit three bids from all labor and materials required for the improvements. Bids shall be provided in a form approved by the City and the Agency and shall be subject to approval by the City and the Agency. C. [303] Commercial Rehabilitation Grant by City 1. [304] Funding through City Commercial Rehabilitation Program In consideration of Participants' construction work, the City, utilizing Federal Community Block Grant (CDBG) Funds, shall provide a grant to Participants of 50% of the cost of the construction, up to a maximum of $10,000, and disburse said funds as outlined in Section 306. The Participants shall comply with all requirements of the City of Tustin Commercial Rehabilitation Program. 2. [305] Community Development Block Grant Program This grant shall be made from the City's allocation of CDBG funds in accordance with the Federal statutes and regulations concerning CDBG funds as well as the provisions of the City's Commercial Rehabilitation Program. 3. [306] Disbursement of CDBG Grant Funds The Participants shall initially be paid up to 90% of the total CDBG Funded Commercial Rehabilitation Program grant amount upon completion of construction work authorized as part of the commercial rehabilitation program. Payment of grant funds shall be made pursuant to the Payment Schedule shown in Attachment 9, and incorporated herein by reference provided City is provided with invoices for work completed or in progress which match the anticipated payment schedule. All payments shall be contingent upon inspection of the work and/or materials by representatives of the City and confirmation that the work and/or materials are satisfactory. Ten percent (10%) of the total CDBG grant amount shall be withheld until completion of all construction on the site and shall be paid to the Participants pursuant to Section 314. No portion of the grant may be used for the purchase of tools, whether or not used on the Improvements, or for any materials or labor not directly attributable to the Improvements. Upon submittal of a request for payment of grant funds, the Participants shall provide receipts and/or paid invoices for labor and materials and shall attach to it the Labor Lien Release (Attachment 10) and Material Lien Release (Attachment 11) for those items which are included in the submittal of paid receipts. The Agency shall have the right to inspect and inventory those items for which the grant is being requested. D. [307] Loan by Aqency 1. [308] Amount of Loan The Agency shall provide to Participants a loan in the amount of Twenty-seven Thousand One Hundred Twenty Dollars ($27,120) to offset the construction costs for the improvements. 2. [309] Form of Loan The Agency assistance shall be provided in the form of a deferred loan, to be forgiven pursuant to Section 310, below. Repayment of the loan shall be deferred until such time as the Participants (1) sell, (2) refinance for an amount in excess of the mortgage amount the site at the time of the refinancing or (3) until such time as ownership changes in any manner with the exception of the death of one or both of the Participants. 3. [310] Forqiveness of Loan The Agency shall forgive the loan at the rate of 10% per year, beginning one calendar year after the recordation by the City of a Notice of Completion (Attachment 12). It is the intent of the Agency and the Participants that the total loan shall be forgiven by the end of the tenth (10th) year. 4. [311] Repayment of Non-forqiven Principal In the event the Participants (1) sell, (2) refinance for an amount in excess of the mortgage amount the site at the time of the refinancing or (3) until such time as ownership changes in any manner with the exception of the death of one or both of the Participants, before the total loan is forgiven, Participants shall repay that portion of the loan which has not been forgiven by the Agency. 5. [312] Payment of Loan Proceeds The Agency shall release the loan proceeds to the Participants upon receipt of a paid invoice from the contractor and/or subcontractor and upon receipt of a labor lien release, attached hereto as Attachment 10) for the value and amount of money paid to contractors and/or subcontractors and, if the cost of materials are being requested to be reimbursed, upon receipt of a materials lien release (Attachment 11). The Agency shall release the loan proceeds pursuant to the Schedule of Payment (Attachment 9). provided Agency is provided with paid invoices for work completed or in progress, or paid invoices for materials which match the anticipated payment schedule. All payments shall be contingent upon inspection of the work and/or materials by representatives of the Agency and confirmation that work and/or materials are satisfactory. Inspection shall be done by the Agency within three (3) working days of a request by the Participants. If the work and/or materials are approved by the Agency, payment shall be made as soon as possible and within twelve (12) working days after the inspection. The Agency shall retain 10% of each request made by the Participant. The retained funds shall be released pursuant to Section 314 of this Agreement. Upon submittal of a request for payment of loan funds, the Participants shall provide receipts and/or paid invoices for labor and materials and shall attach to it the Labor Lien Release (Attachment 10) and Material Lien Release (Attachment 11) for those items which are included in the submittal of paid receipts. The Agency.shall have the right to inspect and inventory those items for which the grant is being requested. 6. [313] Promissory Note and Trust Deed The Participants shall execute and deliver to the Agency a promissory note in the form attached hereto as Attachment 12 and incorporated herein in the amount of the Agency Loan made pursuant to Sections 307 through 310. The Promissory Note (Attachment 12) shall be secured by a Deed of Trust which Participants shall execute and which shall be recorded as a lien against the property and subordinate to any trust deeds existing at the time of execution of this Agreement by the City and the Agency. The Deed of Trust is attached hereto as Attachment 13 and incorporated herein. E. [314] Release of 10% Retention Promptly after completion of all construction, Participants shall furnish the City and the Agency with evidence that all payments have been made for all labor and materials and shall submit a request for final payment. Approval of the request for final payment shall constitute conclusive determination of satisfactory completion of the construction required by this Agreement upon the Site, and of full compliance with the terms hereof with respect to the Site. The retained 10% of the Commercial Rehabilitation Grant and Agency loan for the first phase shall be released upon inspection by the Agency and determination by the Agency that all Phase I work has been completed, all Phase I payments have been made and all Phase I Labor and Material Liens have been released. The payment of the retained ten percent (10%) 'of the Agency loan for Phase II shall be paid after recordation of Notice of Completion (Attachment 14), approximately twenty (20) days from completion of work. F. [315] Maximum Amount of City and Agency Assistance The City Commercial Rehabilitation Program Grant shall not exceed the amount identified in Section 304. The Agency Loan shall not exceed the amount identified in Section 308. All costs in excess of the maximum City Grant and the maximum Agency Loan shall be the sole responsibility of the Participants. IV. [4oo] CONDITIONS ON CONSTRUCTION A. [401] Time Limit for Construction Ail improvements, whether being done by a licensed contractor or the participants as owner-contractor, must be completed to the satisfaction of the City and the Agency and in compliance with City Codes within the timeframes outlined in the Schedule of Performance (Attachment 3). Any extensions of time must be approved by the Director of Community Development. B. [402] Required Licenses and Permits Before commencement of construction, the Participants in writing shall, at their own expense, secure or cause to be secured, any and all licenses and permits which may be required by the City or any other governmental agency affected by such construction. The Participants or the approved contractor must submit plans for permits within thirty (30) days of signing or complete the plan check process and obtain permits within ten (10) days after the completion of the plan check process. The Participants or the approved contractor must commence work within a reasonable time after issuance of the Proceed Order. C. [403] Use of Contractor; One (1) Year Guarante~ In the event a contractor is utilized to construct Improvements, the contractor shall provide a one (1) year guarantee of all materials and labor except for applicable manufacturing guarantees. 10 D. [404] Quality of Work All work shall be of good quality and all workers and subcontractors shall be skilled in their trades. E. [405] Quality of Materials Unless otherwise specified, all materials shall be new, and shall be of good quality. F. [406] Clean-up of Premises Participants, their agents, servants, employees or contractors shall keep the premises free from accumulation of waste material and rubbish; and at the completion of the work, Participants shall remove from the premises all rubbish, implements, surplus materials, and surplus equipment. G. [407] Additions or Deletions to Improvements In the event a change is requested in the improvements to be done, the Participants shall prepare a change order in a form acceptable to the City and indicating the change for addition, deletion, or deviation from the original Agreement. Said Change Order shall be signed by the Participants ~nd be subject to approval by the Director of Community Development before the work covered by the change order may proceed. However, the City and Agency shall not be responsible for any change order costs in excess of the maximum City grant and maximum Agency loan. H. [408] Inspection by the City and the U.S. Department of Housinq and Urban Development The City of Tustin and representatives of the Department of Housing and Urban Development of the United States (HUD) shall at all times have access to the work during its progress, and shall be furnished with any of participants' documents necessary to determine that the materials, workmanship and equipment are in accordance with the requirements and intentions of this Agreement. Access to HUD shall be for the sole purposes of monitoring compliance with regulations concerning the use of CDBG funds. The City shall make decisions and determinations on all claims and disagreements of Participants, its agents, servants, employees and contractors related to improvements required by this Agreement and all determinations or disagreements shall be subjects to the provisions of this Agreement. 11 I. [409] Paintinq Requirements; Prohibition on Lead Based Paint The purchase of paint to be used on the Site is contingent upon the prohibition of the use of lead-based paint hazards. All surfaces which require treatment shall be thoroughly washed, sanded, scraped, or wire-brushed, so as to remove all cracking, scaling, peeling, and loose paint before repainting. J. [410] Employment and Labor Regulations Participant, or its agents, servants, employees and contractors shall comply with all Federal regulations related to the use of CDBG grant funds including Federal Labor Standards requirements, the Davis-Brown Act including Department of Labor wage decisions. The following conditions will apply as required by these regulations: 1. Participant, or its agents, servants, employees and contractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Participant, its agents, servants, employees and contractors will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Participant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. 2. Participant, its agents, servants, employees and contractors will, in all solicitations or advertisements for employees placed by or on behalf of Participant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. Participants, its agents, servants, employees and contractors will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of Participants commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 12 4. Participant, its agents, servants, employees and contractors shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. Participant, its agents, servants, employees and contractors will cause the foregoing provisions 1-4 to be inserted in all contracts for any work covered by this Agreement so that such provisions will be binding upon 'each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 6. Participant shall, to the greatest extent feasible, award contracts and subcontracts to firms representative of the racial and ethnic groups residing in the Project Area in a dollar value proportion which is equivalent to the percentage of the Project Area residents who are members of such racial groups. In addition, Participant and any contractor or subcontractor shall to the greatest extent feasible, hire labor force which shall be proportionately representative in all work categories of the racial and ethnic groups residing in the Project Area. 7. Participant, its agents, servants, employees and contractors shall, to the greatest extent feasible: undertake the improvement work in this Agreement, abide by Section 3 of the Housing and Urban Development Act of 1968, as amended, to provide opportunities for training and employment for lower income residents of the Project Area and award contracts for work in connection with the project to eligible business concerns which are located in or owned substantial in part by, persons residing in the areas of the project. As applicable, to meet the Federal Labor Standards requirements, the Participant shall include the following documents in the bid package going out to contractors for bidding on any construction and submit all forms required to City prior to commencement of work and during construction (i.e. weekly payroll reports): (1) CDBG Contract Compliance Requirements Summary (Exhibit 1 of Attachment 16) (2) Federal Labor Standards Provision (Exhibit 2 of Attachment 16) (3) Current U.S. Department of Labor Wage Decision (Exhibit 3 of Attachment 16); (4) Section 3 Clause (Exhibit 4 of Attachment 16); (5) Contractor's Section 3 Affirmative Action Plan (Exhibit 5 of Attachment 16) (6) Contractor's Section 3 Commitment (Exhibit 6 of Attachment 16) (7) Copies of Blank Payroll Sheets (Exhibit 7 of Attachment 16) 13 (8) List of Sub-Contractors and Materialmen (Exhibit 8 of Attachment 16) (9) Record of Employee Interview (Exhibit 9 of Attachment 16) K. [411] Pre-Construction Conference Once review of construction bid documents has been completed, contractor verification provided and building permits issued, attendance by participant and their selected contractors will be required at a pre-construction conference. The City will notify Department of Labor and Orange County HUD Area Office of the contract award and time of the pre-construction conference for contracts over $2,000. At the pre-construction conference, the City will explain federal contract compliance requirements for projects over $2,000. Any questions and problems concerning the job will be discussed at this time. v. [soo] USE OF THE SITE A. [501] Uses The Participants agree for themselves, their successors, their assigns, and every successor in interest to the Site that during the term of the this Agreement and thereafter, the Participants their successors and such assignees, shall devote the Site to the uses specified in the Redevelopment Plan, the City of Tustin Zoning Code, such other local ordinances and regulations which may be appropriate, the Agreement To Be Recorded Affecting Real Property (Attachment 16) and this Agreement B. [502] Retail Uses The Participants have stated to the Agency their intention to lease the first floor of the Site to retail users generating sales tax payable to the City of Tustin. It is because of this intention that the Agency has entered into this Agreement with the Participants. The Participants shall make every reasonable effort to lease the first floor of the Site to retail sales users generating sales tax to the City of Tustin. In the event the Participant is unable to lease all or any portion of the first floor to retail sales users, the Participants shall so notify the Agency of this inability and describe the reasonable efforts made to lease the first floor to retail users. The Agency shall, at its sole option, have the right to work with the Participants to locate retail sales users. In the event the Agency is unable to locate such users 14 within sixty (60) days of being notified by the Participants, the Participants may lease the first floor to non-retail users C. [503] Maintenance of the Site The Participants shall maintain the improvements on the Site and shall keep the Site free from any accumulation of debris and waste materials. D. [504] Effect and Duration of Covenant in Sections 501 and 503 The covenants in Sections 501 and 503 of this Agreement, insofar as it relates to use and maintenance shall remain in effect until the termination date of the Redevelopment Plan as such Plan may be amended from time to time by proper amendment thereto. vz. [600] NONDISCRIMINATION A. [601] Nondiscrimination--General The Participants, covenant by and for themselves and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Participants for themselves or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenants shall run with the land. B. [602] Nondiscrimination--Rental, Sale or Lease The Participants, jointly and separately, shall refrain from restricting the rental, sale or lease of the Site on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such deeds, leases or contracts shall substantially contain or be subject to the following nondiscrimination or nonsegregation clauses: i · In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be 15 · · no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, age, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." 16 C. [603] Effect and Duration of Covenant The covenants in Sections 601 and 602 of this Agreement, insofar as it relates to antidiscrimination, shall remain in effect in perpetuity. vzz. [7001 INSURANCE AND INDEMNIFICATION A. [701] Worker's Compensation, Bodily Injury and Property Damage Insurance Prior to issuance of building permits, Participants shall furnish to the Agency and the City duplicate originals insuring maintenance during the construction of improvements of the following issuance: 1. Worker's Compensation Insurance, providing coverage as required by the California State Worker's Compensation Law. 2. Liability for bodily injury coverage in the minimum amoUnt of $100,000/$300,000. $50,000. · Property Damage coverage in the minimum amount of B. [702] Insurance Endorsements Each such policy or Liability Insurance shall contain endorsements providing the following: 1. The City of Tustin, the Tustin Community Redevelopment Agency, their officers, agents and employees, and all public agencies from whom permits will be obtained and their Directors, officers, agents'and employees are hereby declared to be additional insured under the terms of this policy. 2. This insurance policy is primary insurance and no insurance held or owned by the City shall be called upon to cover a loss under said policy. 3. Owners Loss Payable giving priority to the City for the proceeds and the insurance benefits. 4. Each policy shall contain an endorsement that provides that: "This insurance policy will not be canceled, limited or non-renewed by the insurer until thirty (30) days after receipt by the City of a written notice of such cancellation or reduction in coverage." 17 5. Insurers must be authorized to do business and have an agent for services of process in California. C. [703] Indemnification The Participants shall defend, indemnify, and hold harmless the City and Agency, their officers and representatives, employees and agents from and against any claims, demands, suits, judgments or awards arising from or related in any manner to (i) the activities of the Participants, (ii) the prior acquisition of the Site by the Participants, (iii) the disposition of the Site pursuant to any future sales, leases and/or rental agreements, (iv) relocation or removal of any tenant from the Site (whether effected by the City, the Agency or the Participants) or (v) the construction and rehabilitation activity undertaken by the Participants for the redevelopment of the Site. This indemnity shall not apply to the Agency's breach or default of any of the terms, conditions or covenants of this Agreement. VIII. [800] DEFAULTS A/~D REMEDIES A. [801] Defaults -- General Subject to the extensions of time set forth in Section 809, failure or delay by any party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. The injured party shall give written notice of default to the party in default, as well as other persons or entities entitled to notice hereunder, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice or, provided that the party is proceeding with diligence to cure, such greater time as may be necessary to cure given the nature of the default. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 18 B. [802] Legal ACtions 1. [803] Institution of Leqal Actions In addition to any other rights or remedies and subject to the restrictions in Section 801, any party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions'must be instituted in the Superior Court of the County of Orange, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California. 2. [804] Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3. [805] Acceptance of Service of Process In the event that any legal action is commenced by the Participants against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Participants, service of process on the Participants shall be made by personal service or upon the local representative charged with acting on behalf of the Participants and shall be valid whether made within or without the State of California or in such other manner as may be provided by law. C. [806] Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by any other party. D. [807] Inaction Not a Waiver of Default Any failures or delays by any party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or 19 proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. E. [808] Remedies and Riqhts of Termination 1. [809] Failure to Complete Repayment of Assistance Construction; In the event Participants fail to complete construction pursuant to Section 201, above, they shall be in default of this Agreement. If the Participants are in default of this agreement, they shall immediately repay to the City and/or the Agency any assistance provided by the time of the default including the Design Assistance Grant (provided pursuant to the City's Commercial Rehabilitation Program before the execution of this Agreement), the Commercial Rehabilitation City Grant and the Agency Loan. If the Participants owe repayment to the City and/or the Agency pursuant to this Section, Agency has the right to place a lien on the Site for the full value of the amount owed and to exercise any and all legal remedies provided by law to obtain such repayment. 2. [ 810 ] Damages If any party defaults with regard to any of the provisions of this Agreement, the non-defaulting party(ies) shall serve written notice of such default upon the defaulting party. If the default is not cured or commenced to be cured by the defaulting party within thirty (30) days after service of the notice of default (or within such other period as is set forth herein), the defaulting party shall be liable to the other party(ies) for any damages caused by such default. 3. [811] Specific Performance If any party defaults under any of the provisions of this Agreement, the non-defaulting party(ies) shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days of service of the notice of default, or such other time limit as may be set forth herein with respect to such default, the non-defaulting party(ies) at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. 20 ix [goo] GENERAL PROVISIONS A. [901] City of Tustin Commercial Rehabilitation Program Participants acknowledge that the Commercial Rehabilitation Grant have been made pursuant to the City of Tustin Commercial Rehabilitation Program authorized and financed under the Federal Housing and Community Development Act of 1974, as amended. All terms and provisions of this Agreement pertaining to the Commercial Rehabilitation Grant are subject to and subordinate to the terms and provisions of the Act, and the regulations and directions issued by the Secretary of Housing and Urban Development. Participants further acknowledge that the function and participation by the City in said Program is pursuant to Federal Statute and HUD regulations, and the City is not responsible for the performance of any contractor or subcontractor of Participants, or for payment of the Contractor, except to the extent participant is entitled to the amount set forth above. Participants have read and understand the above terms, and find that .it is complete and acceptable. Participants agree to abide by the foregoing terms and conditions and realizes that the failure of any or all of these conditions may relieve the City of Tustin of any obligation to pay any funds pursuant to this Agreement. B. [902] Disputes to be Determined by City Any disagreement arising out of this Agreement or from breach thereof, shall be submitted to the City for determination. City shall make its determination within thirty (30) days after the matter will be submitted to City for determination. It is mutually agreed that the determination shall be a condition precedent to any right of legal action that either party may have against the other. C. [903] Local, State and Federal Laws The Participants shall carry out all construction of the improvements on the Site and all operations on the Site in conformitY with all applicable local., state and federal laws, including all applicable federal immigration laws and federal and state labor standards, provided, however, the Participants and their contractors, successors, assigns, transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. 21 D. [904] Taxes, Assessments, Encumbrances and Liens The participants shall pay, when due, all real estate taxes and assessments on the Site during the term of the Note. Nothing herein contained shall be deemed to prohibit the Participants from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the them in respect thereto. E. [905] Riqhts of Access The Agency, for itself and for the City and other public agencies, at their sole risk and expense, reserves the right to enter the Site, at all reasonable times, for the purpose of construction, reconstruction, maintenance, repair or service of any public improvements or public facilities located on the Site. Any such entry shall be made only after reasonable notice to Participants, as appropriate, and Agency shall indemnify and hold Participants harmless from any costs, claims, damages or liabilities'pertaining to any entry. This Section 905 shall not be deemed to diminish any rights the Agency, the City, or any other public agencies may have without reference to this Section 905. F. [906] Effect of Violation of the Terms and Provisions of this Agreement The Agency and the City are deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in their own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency and the City, without regard to whether the Agency and the City have been, remain or are owners of any land or interest therein in the Site or in the Project Area. The Agency and the City shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. G. [907] Notices, Demands and Communications Between the Parties Written notices, demands and communications between and among the City, Agency, and/or the .Participants shall be sufficiently given if (i) delivered by hand (and a receipt therefor is obtained or is refused to be given), (ii) dispatched by registered or 22 certified mail, postage prepaid, return receipt requested, or (iii) delivered by private delivery service (and a receipt therefor is obtained or is refused to be' giVen)~'to the principal offices of the Agency, the City, and/or the Participants, as applicable. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 907. Any written notice, demand or communication shall be deemed received immediately if delivered by hand, shall be deemed received on the tenth day from the date it is postmarked if delivered by registered or certified mail and shall be deemed received as of the date of delivery shown in the records of the private delivery service if delivered by such private delivery service. Such notices shall be addressed and delivered to: The Agency: William A. Huston, Executive Director Tustin Community Redevelopment Agency 300 Centennial Way Tustin, CA 92680 The City: William A. Huston, City Manager City of Tustin 300 Centennial Way Tustin, CA 92680 Participants: Jeffrey R. and Cherie A. Thompson 415 West Sixth Street Tustin, CA 92680 H. [908] Conflicts of Interest No member, official or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of the Agency shall be personally liable to the Participants, or any successor in interest, in the event of any default or breach of the Agency, or for any amount which may become due to the Participants or successor or on ~any obligations under the terms of this Agreement. The Participants, each, warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. 23 I. [909] Enforced Delay; Extension of Times Performance In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement and the Attachments hereto shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure permits (if the inability to secure permits is not the fault of the Participants), necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other party; acts or failures to act of the City of Tustin or any other public or governmental agency or entity (other than the acts or failures to act of the Agency which shall not excuse performance by the Agency); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency and Participants. J. [910] Nonliability of Officials and Employees of the Agency No member, official or employee of the Agency or the City shall be personally liable to the Participants, or any successor in interest, in the event of any default or breach by the Agency (or the City) or for any amount which may become due to the Tenant or its successors, or on any obligations under the terms of this Agreement. X. [1000] SPECIAL PROVISIONS A. [1001] Successors In Interest For the term of this Agreement, the terms, covenants, conditions and restrictions of this Agreement shall extend to and shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties, except as provided for in this Agreement. 24 B. [1002] Amendments to this Agreement The City, the Agency and the Participants agree to mutually consider reasonable requests for amendments to this Agreement which- may be made, provided said requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. XI. [1100] ENTIRE AGREEMENT, WAIVERS This Agreement may be signed in counter-parts, and is executed in four (4) duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 26 and Attachments 1 through 16, which constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Ail waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency, the Participants, and all amendments hereto must be in writing by the appropriat9 authorities of the Agency, the Participants. In any circumstance where, under this Agreement, either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. XII. [1200] 'DATE OF THE AGREEMENT BY AGENCY The effective date of this Agreement shall be the date when it shall have been signed by the Agency. IN WITNESS WHEREOF, the Agency, the city, the Participants have signed this Agreement on the respective dates set forth below. (SIGNATURES ON NEXT PAGE) 25 CITY OF TUSTIN: BY: Th6mas Saltarelli Mayor DATE: APPROVED AS TO FORM: BY: James G. Rourke City Attorney ATTESTED: Mary Wynn City Clerk TUSTIN COMMUNITY REDEVELOPMENT AGENCY: BY: DATE: Thomas Saltarelli Chairman APPROVED AS TO FORM: BY: James G. Rourke Agency Counsel ATTESTED: Mary Wynn Secretary PARTICIPAI~TS: BY: DATE: Jeffrey R. Thompson BY: DATE: Cherie A. Thompson 26 ATTACHMENT 1 SITE MAP sit SITE MAP '~ ~1~ MAIN 30o THIRD ~/¢ 2..5 STREET 515 r~ ATTACHMENT 1 ATTACHMENT 2 LEGAL DESCRIPTION ATTACHMENT 2 LEGAL DESCRIPTION Ail that certain land situated in the State of California, County of Orange, City of Tustin, described as follows: The North 100 feet of Lot 4 and the East 20 feet of the North 100 feet of Lot 5 in Block 17, as shown on a map of "A Part of Tustin City", recorded in Book 4, Pages 218 and 219 of Miscellaneous Records of Los Angeles County, California. Excepting therefrom all, oil, gas and other mineral rights in and under said property together with the exclusive right to use such portion of said property lying more than 500 feet below the surface thereof for the extraction of oil,' gas and minerals from said property or property in the vicinity thereof; however, with no right of surface entry whatsoever, as reserved by Mobil Corporation of California, A Delaware Corporation in deed recorded March 5, 1969. ATTACHMENT 3 SCHEDULE OF PERFORMANCE ATTACHMENT 3 SCHEDULE OF PERFORMANCE i · · · · · · TASK Execution of Aqreement by Agency. The Agency shall execute this Agreement and shall deliver one copy to the Participants. Entitlement Drawings Submittal. Participants shall submit the required plans for review by the Agency to obtain entitlement for the project· Review of Plans by Redevelopment Agency. The Agency shall approve, conditionally, approve or deny the submission. Submission of Final Construction Drawings and Plans for Phase 1 Building Permits. Participants shall submit complete construction drawings and Plans for plan check for Phase I improvements. Submittal by Agency of License Agreement for Parking Rights to Participants. Agency shall submit Agreement for Parking Rights to Participants for review and execution. Execution of License Agreement for Parking Rights by Participants· Participants shall execute Agreement for Parking Rights and submit it to the Agency. SCHEDULE OR STATUS Not later than thirty (30) days after the submission of two (2) copies of this Agreement executed by the Participants. Completed. Completed Completed Concurrent with submittal of this Agreement to Participants. Concurrent with submittal of executed copies of this Agreement by Participants to Agency/City. ATTACHMENT 3 Page 1 of 4 · · · 10. 11. TASK Submittal of Agreement for Pedestrian Access to Participants. Agency shall submit Pedestrian Access Agreement to Participants for review and execution. Execution of Agreement for Pedestrian Access by Participants. Participants shall execute Agreement for Pedestrian Access and submit it to Agency. Building Permits for Phase I Improvements. Participants shall obtain all licenses, building permits and other permits which may be required by the City or any other governmental agency affected by construction for approved Phase I improvements. Initiation of Phase I Improvements. Participants shall initiate Phase I improvements. Submittal of Bids for Grant. Participants shall submit three (3) bids for reimbursement through City Commercial Rehabilitation Program Grant and identify which portion of the bid they would request reimbursement for, subject to grant program limits. SCHEDULE OR STATUS Within ten (10) days after approval of this Agreement by Agency/City· Before issuance of Building Permits by City. Thirty (30)days after notification of completion of plan check. Sixty (60) days after issuance of building permits. Before purchase of materials to be reimbursed, or signing of subcontract to be reimbursed. ATTACHMENT 3 Page 2 of 4 TASK SCHEDULE OR STATUS 12. Approval of Bid for Within fourteen (14) days of Grant. City shall approve submittal of bids by grant funded improvement Participants. bids for reimbursement to Participant through City Commercial Rehabilitation Program Grant. 13. Payment of Grant by City. Within fourteen (14) days of City shall issue check to submittal of paid invoices and Participants for required lien releases by reimbursement for Participant. eligible grant funded improvement costs pursuant to Section 306 of Agreement. 14. Submittal of Bids for Before signing of contracts Agency Loan. Participants with contractor or shall submit three (3) subcontractors. bids for reimbursement through Agency Loan. 15. Approval of Bid for Within fourteen (14) days of Agency Loan. Agency shall submittal 'of bids by approve bid for Participants. reimbursement through Agency Loan. 16. Payment of Loan Proceeds by Agency. Agency shall issue check to Participant for reimbursement pursuant to Section 312 of Agreement. 17. Completion of Phase I Improvements. Participants shall complete Phase I Improvements. 18. Release of 10% Retention for Phase I Improvements. Agency shall release 10% retention of Grant and Loan funds for Phase I improvements. Within fourteen (14) of submittal of paid invoices and labor and material lien releases. One hundred twenty (120) days after initiation of Phase I improvements. Twenty (20) days after certification of completion of Phase I improvements. ATTACHMENT 3 Page 3 of 4 TASK 19. Submission of Final Construction Drawings and Plans for Phase II Building Permits. Participants shall submit complete construction drawings and Plans for plan check for Phase II improvements. 20. Buildinq Permits for March 1, 1995 Phase II Improvements. Participants shall obtain building permits for approved Phase II improvements. 21. Initiation of Phase II April 1, 1995 Improvements. Participants shall initiate Phase II improvements. 22. Completion of Phase II May 31, 1995 Improvements. Participants shall complete Phase II Improvements. 23. Recordation of Notice of Completion. Agency shall record Notice of Completion. 24. Release of 10% Retention Twenty (20) days after for Phase II Improvements recordation of Notice of City and Agency shall Completion. release to Participant the 10% retention of the Grant and Agency Loan funds. SCHEDULE OR STATUS Completed Thirty days after completion of Phase II Improvements. ATTACHMENT 3 Page 4 of 4 ATTACHMENT 4 SCOPE OF DEVELOPMENT - ATTAC~4ENT NO. 4 SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Site is delineated on the Map (Attachment No. 1) and the Legal Description (Attachment No. 2) pursuant to Section 103 of the Agreement. II. DEVELOPMENT OF TEE SITE IMPROVEMENTS 1. Definition of Improvements The Participants shall complete all of the Site Improvements set forth in this Scope of Development which shall include those improvements to be constructed on the Site required in connection with the City's entitlement process. All improvements described in this subsection of the Scope of Development (including all of the Phase I and Phase II Improvements), which conform to the Development Standards of Part III hereof, together constitute the "Site Improvements." The Site Improvements consist of two phases as follows: (i) the "Phase I Improvements", which shall consist of those certain improvements described in Section II3 of this Attachment No. 4 and which shall be made before the final sign off of building permits by the City Community Development Department for the improvements to the building on the Site and (ii) the "Phase II Improvements", which shall consist of those certain improvements described in Section II4 of this Attachment No. 4. 2. Schedule for Performance The Participants shall commence and complete the Site Improvements by the respective times established therefore in the Schedule of Performance (Attachment 3). 3. Description 0f Phase I Improvements As part of the Phase I Improvements, the Participants shall undertake or cause to be undertaken on the Site the remodeling of an approximately 4,870 square foot office and retail building located at 100 West Main Street, Tustin, CA. The Phase I ATTACHMENT 4 Page 1 of 3 Imprcvements shall consist of the exterior renovation and rehakilitation of the existing building as well as execution of an agreement dealing with the provision of parking for the use of tenants and customers/clients of the tenants and an agreement with the City to provide pedestrian access across the property. The Phase I Improvements shall comply with the improvements approved by the Redevelopment Agency as part of Design Review 93-012 and apprcved pursuant to Redevelopment Agency Resolution No. RDA 93-9 (Attachment 5) and shall comprise, but not be limited to: a. Application of a red brick veneer to the facades of the kuilding along E1 Camino Real and Main Street. b. Reconstruction of the main entrance at the intersection of E1 Camino Real and Main Street. c. Modification to the windows and architectural details around the windows on both the first and second fIoor, as well as the doors and door frames on the first floor. d. Infilling of the second story overhang and application of a plaster finish simulating stone along the base of the kuilding. e. Installation of a cornice to replace the existing mansard roof along the top of the structure. f. Modification of the existing.parking configuration on the Site to accomodate thirteen (13) parking spaces. g. Signing of an Agreement for Parking Rights with the Redevelopment Agency to provide adequate parking for the building (Attachment 8) h. Signing of and Agreement for Pedestrian Access with the Redevelopment Agency to facilitate the movement of pedestrians onto and across the Site. Description of Phase II Improvements ?he total Phase II Improvements to be made by the participants shal~ be the installation of a two story, corner turret, capped with a decorative frieze (decorative band) and cornice and topped with a finial (formal ornament), as approved by the Redevelopment Agency in Design Review 93-012, pursuant to Redevelopment Agency Resolution No. 93-9 (Attachment 5). ATTACHMENT 4 Page 2 of 3 III. DEVELOPMENT STANDARDS Ail of the Site Improvements shall be developed in conformity with the Municipal Code of the City of Tustin and the conditions of Redevelopment Agency Resolution No. RDA 93-9 (Attachment 5). The Participants acknowledge responsibility to obtain any approvals required by any governmental agency, utility or other agency, including the City of Tustin, which has jurisdiction over all or a portion the Site Improvements. The Participants shall make all necessary applications by such time(s) as will be consistent with the timely commencement and completion of various portions of the off-site improvements by the respective times established therefor by the Schedule of Performance (Attachment No. 3). ATTACHMENT 4 Page 3 of 3 ATTACHMENT 5 REDEVELOPMENT AGENCY RESOLUTION NO. RDA 93-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 '22 24 25 26 27 28 RESOLUTION NO. RDA 93-9 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA APPROVING DESIGN REVIEW 93-012, AUTHORIZING THE EXTERIOR REMODELING OF AN EXISTING OFFICE BUILDING LOCATED AT 100 WEST MAIN STREET, TUSTIN. The Community Redevelopment Agency of the City of Tustin does hereby resolve as follows: The Community Redevelopment Agency finds and determines as follows: A· '· That a proper application, Design Review 93- 012, was filed by Thirtieth Street Architects on behalf of Jeff and Cherie Thompson to permit exterior remodeling of the existing office .building located at 100 West Main Street. Pursuant to Section 9272 of the Tustin Municipal Code, the Agency finds that the architectural~'features, materials and colors will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy, as a whole. In making such findings, .the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. "~ ' ~ 5. Size and spacing of windows, doors and other openings. --~..- Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to~ existing structures and possible future structures in the neighborhood and public 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 '17 18 19 21 22 23 24 25 26 27 28 Resolution No. RDA 93-9 Page 2 Ce thoroughfares. 13. Proposed signing. 14. Development Guidelines and criteria as adopted by the City Council. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act 15301. II. The Community Redevelopment Agency approves Design Review 93-012 to authorize the remodeling of an existihg office building located at 100 West Main Street, subject to the conditions contained in Exhibit A, attached hereto PASSED AND ADOPTED at. a regular meeting of the Tustin Community Redevelopment Agency, held on the 21st day of June, 1993. JI~POTTS ' Reaevelopment Chairperson (1) (1) (1) (1) (5) (1) (5) (i) (1) (1) ae RESOLUTION RDA 93-9 EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 93-012 GENERAL The proposed project shall subStantially conform with the submitted plans for the project date stamped June 21, 1993 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project subject to review and approval by the . Community Development Department. Design Review approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. 1.4 Any public improvements damaged by the applicant adjacent to this property shall be repaired and/or replaced as determined by the Engineering Division and shall include, but not be limited to, curb and gutter, street paving and drive apron. 1.5 Ail construction shall be in accordance with the 1991 UBC, applicable City codes and the City's Security Code. · .6 Approval of Design Review 93-012 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" forn, as established by the Director of Community Development. 1.7 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. 1.8 A Certificate of 'Appropriateness is required for the alteration of the exterior features of the building pursuant to Tus~in City Code Section 9252fl(a) . SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/$ (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution RDA 93-9 Conditions of Approval Page 2 (~) (4) (5) (~) (5) (~) (5) (5) Be The applicant shall be required to enter into a license agreement with the City for participation in the Agency's open spaces in the~..Steven's Square parking structure for a minimum of five (5) parking spaces required above and beyond those provided on- site, calculated at a rate of one space per every 200 square feet of retail space and one space per every 300 square feet of office space. ARCHITECTURE Provide fully dimensioned elevations with notes indicating all materials, finishes, color and details. All exterior colors to be used shall be subject to the review and approval of the Director of Community Development. All exterior treatments must be coordinated in regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. , 2.2 Provide lighting plan, details of proposed fixtures and intensity of light. Note locations on-site plan and building elevations. One foot-candle of light along the building street frontage is required in conformance with the City Security Ordinance. All light rays shall be confined to the property and shall not produce glare for street traffic. Fixtures on building shall be of a decorative design and shall be approved by the Director of Community Development. 2.3 Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosed in the building or boxed behind a screen wall designed consistent with the main building j.f located on the modified, elevations. 2.4 Exterior elevations of the building shall indicate any equipment to be located on the roof, equipment height and type of screening. All parapets shall be at least six inches above rooftop equipment for the purpose of screening or alternative screening shall be provided, subject to the approval of the Community Development Department. Provide a roof plan identifying roof-mounted equipment, heights of such equipment, heights of parapets and section details, if necessary, to illustrate such conformance. Exhibit A Resolution RDA 93-9 Conditions of ApprQval Page 5 (1) (4) (1) (5) (1) (4) 4.4 Ail tenants shall be permitted identification on the building directory sign. 4.5 Twenty-five percent (25%) of the window area in each , window is permitted for business or supplemental identification signs. Supplemental signs 'shall include hours, address, telephone numbers, special announcements, logo's and business description. Display box windows on E1 Camino Real shall also be limited to.twenty five percent (25%) coverage. 4.6 Second-story tenants shall be limited to providing business identification on the building directory sign and in twenty five percent (25%) of the window area. No wooden, can or channel letters shall be applied to the face of the structure in any location. E. BUILDING DEPARTMENT (1) (3) (5) (~) (3) (5) 5.1 "A parking space, path of travel, entrance to the tenant spaces and sanitary .facilities on ground floor shall be accessible to persons with disabilities," unless an exception is granted based on unreasonable hardship by the Building Official. 5.2 Modifications shall be made according to the prevailing City of Tustin Codes and the 1991 Uniform Building Code. (1) (5) (z) (5) F. ENGINEERING DIVISION Pedestrian traffic shall be accommodated during construction. A temporary covered walk may be required. Submit a plan indicating the method of pedestrian traffic accommodation to the Public Works Department. 6.2 A 24" × 36" traffic control plan, as prepared by a California Registered Traffic Engineer, shall be required if any construction equipment will be parked along Main Street and or E1 Camino Real. Exhibit A Resolution RDA 93-9 Conditions of Approval Page 6 (1) (5) (i) (5) Ge PLAN SUBMITTAL 7.1 At plan check, submit three (3) sets of construction plans. Requirements of the Uniform Building Code , shall be complied with as approved by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. 7.2 Preliminary technical detail and plans for all utility installations including cable t.v., telephone, gas, water and electricity, if o applicable. .Additionally a note shall be included on plans stating that no field changes shall be made without corrections submitted to and approved by the Building Official. He (i) 8S: br: rda93-9 FEES 8.1 Payment of but not limited to, building plan check and permit fees to the Community Development Department shall be made prior to issuance of any building permits in accordance with the Tustin'City Code. City of Tustin REDEVELOPMENT AGENCY RESOLUTION CERTIFICATION STATE. OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS RESOLUTION NO. RDA 93-9 Mary E. Wynn, City Clerk and Recording Secretary of the Community Redevelopment Agency of the City of Tustin, California, does hereby certify that the whole number of the members of the Community Redevelopment AgencY is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the Tustin Community Redevelopment Agency held on the 21st day of June, 1993, by the following vote: AGENCY MEMBER AYES: AGENCY MEMBER NOES:. AGENCY MEMBER ABSTAINED: AGENCY MEMBER ABSENT: Potts, Saltarelli, Pontious, Puckett, Thomas None None None E. Wynn, City Clerk ATTACHMENT 6 SITE PLAN AND BUDDING ELEVATIONS \ \ ATTACHMENT 7 AGREEMENT TO CONDITIONS IMPOSED AGREEMENT TO CONDITIONS IMPOSED I, the undersigned hereDy agree to comply with all conditions imposed by the Community Development Department and/or Redevelopment Agency of the City of Tustin on approval of Design Review 93-012 with conditions as stated in Resolution No. RDA 93-9 attached to the letter dated June 24, 1993. Signature, Title Signature, Title Signature, Title ATTACHMENT 8 LICENSE AGREEMENT FOR PARKING RIGHTS ATTACHMENT NO. 8 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY Attention: Christine Shingleton 300 Centennial Way Tustin, CA 92680 (Space Above for Recorder) This Agreement is recorded at the request and for the benefit of the City of Tustin Community Redevelopment Agency and is exempt from payment of a recording fee pursuant to Government Code Section 6103. CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY By: Its: Dated: , 1994 LICENSE AGREEMENT FOR PARKING RIGHTS This Agreement for parking rights is made this day of , 1994, by and between the CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency ( "AGENCY" ) , and JEFFREY R. THOMPSON and CHERIE A. THOMPSON (Licensees") . RECITALS WHEREAS, Licensees are owners of the premises located at 100 West Main Street, Tustin, California (the "Property"), which Licensees wish to redevelop; and WHEREAS, The property does not have sufficient on-site parking to conform to the requirements of the City of Tustin; and ATTACHMENT 8 Page 1 WHEREAS, Agency is the owner of an interest in the Stevens Square Parking Structure, to wit: Unit 1 as shown and described on that certain Condominium Plan, recorded September 30, 1982, as Document No. 82-334857, official Records, Orange County, California, excepting therefrom all common areas therein being outside of the interior boundary planes of parking spaces numbered 133 through 213, inclusive, together with an undivided 38.3% interest as tenants in common and to Parcel 1, as shown on that certain Parcel Map recorded in Book 174, pages 4 through 7, inclusive of Parcel Maps, Records of Orange County, California ("Agency's Parking Structure Spaces"); and WHEREAS, said Unit 1 is situated on the easterly portion of the upper level of the Stevens Square parking Structure, which is located on the easterly side of C Street, southerly of Main Street in the City of Tustin, California. Said Unit 1 contains eighty-one (81) parking spaces (spaces 133-213); and WHEREAS, Licensees desire to obtain permission to utilize a portion of Agency's said parking spaces for tenant, customers and employees of the Property. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Agency hereby grants to Licensees a license for the non- exclusive use of five (5) of Agency's Parking Structure Spaces. 2. This License is personal to the Licensees and the tenants, agents, customers, and employees of the property. It is non-assignable and any attempt to assign this License shall automatically and immediately terminate it. 3. This License is terminable at will by either party. 4. This License shall be subject to each, every and all of the provisions of Resolution No. RDA 93-9 of Agency. A copy of Resolution No. RDA 9-9 is attached hereto as Exhibit A. 5. Licensees hereby agree to save, defend and hold Agency harmless from all claims, loss, damage and liability arising out of the exercise by the Licensee and/or the Licensee's tenants, customers and employees of the rights and privileges granted herein. Nothing herein shall require the Licensees to maintain the Stevens Square Parking Structure. Agency shall use whatever rights it has as an owner of an interest in the Stevens Square Parking Structure to ensure that the structure remains in good repair and maintenance for the safety of users of the structure. ATTACHMENT 8 Page 2 6. If this License Agreement is terminated by either party, Licensees shall have thirty (30) days within which to secure and replace the five (5) parking spaces required for the Property to be used to maintain the conformance of the property with the land use requirements of the City of Tustin. Such spaces shall be located and secured in a location from which they can be reasonably used by patrons or other individuals visiting Licensee's Property. Such spaces shall be located in an area which conforms to City of Tustin parking requirements and shall be subject to the approval of the Agency. IN WITNESS WHEREOF, the paries hereto have executed this Agreement the day and year first above written. TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California Community Redevelopment Agency By: Date: APPROVED AS TO FORM: James G. Rourke General Counsel LICENSEES JEFFREY R. THOMPSON CHERIE A. THOMPSON Date: Date: r zimmer \ thompson \ opaat t 8. txt ATTACHMENT 8 Page 3 EXHIBIT A A'I~FA~NT 8 REDEVELOPMENT AGENCY RESOLUTION NO. RDA 93-9 1 2 3 4 5 6 7 8 10 11 12 14 16 17 18 19 20 21 '22 24 26 27 28 RESOLUTION NO. RDA 93-9 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, C~LIFORNIA APPROVING DESIGN REVIEW 93-012, AUTHORIZING THE EXTERIOR REMODELING OF AN EXISTING OFFICE BUILDING LOCATED AT 100 WEST MAIN STREET, TUSTIN. The Community Redevelopment Agency of the City of Tustin does hereby resolve as follows: The Community Redevelopment Agency finds and determines as follows: ao B'e That a proper application, Design Review 93- 012, was filed by Thirtieth Street Architects on behalf of Jeff and Cherie Thompson to permit exterior remodeling of the existing office building located at 100 West Main Street. · Pursuant to Section 9272 of the Tustin Municipal Code, the Agency finds that the architectural, features, materials and colors will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, .the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. "~ ' - 5. Size and spacing of windows, doors and other openings. --~..- Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public 5 6 7 8 9 10 ll 12 13 14 15 16 18 19 2O 2! 22 23 24 25 26 27 Resolution No. RDA 93-9 Page 2 thoroughfares. 13. Proposed signing. Ce 14. Development Guidelines and criteria as adopted by the City Council. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act 15301. II. The Community Redevelopment Agency approves Design Review 93-012 to authorize the remodeling of an existing office building located at 100 West Main Street, subject to the conditions contained in Exhibit A, attached hereto PASSED AND ADOPTED at a regular meeting of the Tustin Community RedeVelopment Agency, held on the 21st day of June, 1993. JI~POTTS Reaevelopment Chairperson (1) (1) (1) (1) (5) (i) (5) (1) (1) (i) ae RESOLUTION RDA 93-9 EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 93-012 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 21, 1993 on file with the Community , Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project subject to review and approval by the Community Development Department. 1.3 Design Review approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. 1.4 Any public improvements damaged by the applicant adjacent to this property shall be repaired and/or replaced as determined by the Engineering Division and shall include, but not be limited to, curb and gutter, street paving and drive apron. 1.5 Ail construction shall be in accordance with the 1991 UBC, applicable City codes and the City's Security Code. 1.6 Approval of Design Review 93-012 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. 1.7 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. 1.8 A Certificate of Appropriateness is required for the alteration of the exterior features of the building pursuant to Tustin City Code Section 9252fl (a) . SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution RDA 93-9 Conditions of Approval Page 2 (4) (5) (5) (5) (z) (5) Be 1.9 The applicant shall be required to enter into a license agreement with the City for participation in the Agency's open spaces in the' Steven's Square parking structure for a minimum of five (5) parking , . spaces required above and beyond those provided on- site, calculated at a rate of one space per every 200 square feet of retail space and one space per every 300 square feet of office space. ARCHITECTURE · Z.1 Provide fully dimensioned elevations with notes · indicating all materials, finishes, color and details. All exterior colors to be used shall be subject to the review and approval of the Director of Community Development. All exterior treatments must be coordinated in regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. 2.2 Provide lighting plan, details of proposed fixtures and intensity of light. Note locations on'site plan and building elevations. One foot-candle of light along the building street frontage is required in conformance with the City Security Ordinance. All light rays shall be confined to the property and shall not produce glare for street traffic. Fixtures on building shall be of a decorative design and shall be approved by the Director of Community Development. 2.3 Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosed in the building or boxed behind a screen wall designed consistent with the main building if located on the modified, elevations. 2.4 Exterior elevations of the building shall indicate any equipment to be located on the roof, equipment height and type of screening. All parapets shall be at least six inches above rooftop equipment for the purpose of screening or alternative screening shall be provided, subject to the approval of the Community Development Department. Provide a roof plan identifying roof-mounted equipment, heights of such equipment, heights of parapets and section details, if necessary, to illustrate such conformance. Exhibit A Resolution RDA 93-9 Conditions of ApprQval Page 3 (1) (5) (i) (5) (1) (5) (i) (5) (1) (5) (1) (5) (1) (5) (i) 42.5 Provide exact details on window types and treat- ments. 2.6 Provide details for exterior 'doors. 2.7 Ail exposed metal flashing cr trim shall be either anodized or painted to match the building. 2.8 Note on plans that no outdoor storage is permitted except as approved by the Director of Community Development Department. 2.9 Tenant improvements require separate permits. Tenant improvement plans shall be consistent with approved conditions for the building as a whole. C. SITE PLAN ,3.1 Provide an updated site plan indicating modified building footprint, projection of tower element and all property lines. 3.2 The existing exterior parking lot as shown on the first floor site plan shall be modified to accommodate thirteen (13) parking spaces, including one handicap parking space, four (4) compact parking spaces with a minimum width of seven feet, 6 inches, and eight (8) standard parking spaces (9 feet by 20 feet) as shown on Exhibit B. Wheel stops shall be provided 2-feet and 6-inches from the'edge of the north sidewalk. A minimum seven (7) foot wide sidewalk shall be maintained' through the subject parking lot adjacent to the tenant spaces and parallel to Main Street for pedestrian circulation. Further, two minimum four (4) foot- wide sidewalks shall be created and maintained adjacent to the interior of the east and west walls connecting the seven foot-wide sidewalk to the existing opening in the east wall of the building and the future required opening in the west concrete block wall (See condition No. 3) for future and on-site pedestrian circulation. 3.3 The applicant shall enter into a recorded agreement with the City of Tustin which will run with the land requiring the subject property owner to construct a pedestrian opening at the west building Exhibit A Resolution RDA 93-9 Conditions of Approval Page 4 (1) (5) (1) (1) (4) (~) (4) De elevation to provide pedestrian access from the westerly property line of the subject property to E1 Camino Real. Design of the pedestrian opening shall be completed prior to any demolition or construction for the opening and shall require all applicable building permits. The pedestrian opening shall meet all current City Codes, Uniform Building Codes and A.D.A. requirements as determined by the Building Official. Construction of the pedestrian opening shall be required within 90 days notification by the City to the subject owner, that the adjacent parcel to the west of the subject site, or a portion therefore, has been altered in grade to.facilitate pedestrian access or when the City is able to obtain a pedestrian access easement to the subject property across Assessor Parcel No. 401-662-18. Said agreement shall be prepared by the applicant and will be subject to review and approval by the Community Development Department and the City Attorney's office prior to recordation. The agreement may include the requirement of posting of adequate security to ensure satisfaction of this condition as may be determined necessary by the City Attorney. 3.4 Ail utilities exclusively serving the site shall be undergrounded. SIGNS 4.1 Permanent business identification signage shall be limited to the sign area indicated on the plan elevations, in the elliptical arch portion of the windows on the first floor. One sign is permitted per tenant per street frontage. Tenant may be permitted business identification in one (1) display box on the E1 Camino elevation. 4.2 Signs shall not exceed 12 inches in height, and shall be painted onto the sign panel or shall be applied decals. Typical letter style shall be Times Roman. 4.3 Signs shall be located directly on the tenant space to be identified (no-off premise signs). Exhibit'A Resolution RDA 93-9 Conditions of ApprQval Page 5 (1) (4) (1) (5) (1) (4) 4.4 Ail tenants shall be permitted identification on the building directory sign. 4.5 Twenty-five percent (25%) of the window area in each , window is permitted for business or supplemental identification signs. Supplemental signs shall include hours, address, telephone numbers, special announcements, logo's and business description. Display box windows on E1 Camino Real shall also be limited to.twenty five percent (25%) coverage. 4.6 Second-story tenants shall be limited to providing business identification on the building directory sign and in twenty five percent (25%) of the window area. No wooden, can or channel letters shall be applied to the face of the structure in any location. Ee BUILDING DEPARTMENT (1) (3) (5) (1) (3) (5) 5.1 "A parking space, path of travel, entrance to the tenant spaces and sanitary facilities on ground floor shall be accessible to persons with disabilities," unless an exception is granted based on unreasonable hardship by the Building Official. 5.2 Modifications shall be made according to the prevailing City of Tustin Codes and the 1991 Uniform Building Code. (1) (5) (5) Fo ENGINEERING DIVISION 6.1 Pedestrian traffic shall be accommodated during construction. A temporary covered walk may be required. Submit a plan indicating the method of pedestrian traffic accommodation to the Public Works Department. 6.2 A 24" x 36" traffic control plan, as prepared by a California Registered Traffic Engineer, shall be required if any construction equipment will be parked along Main Street and or E1 Camino Real. Exhibit A Resolution RDA 93-9 Conditions of Approval Page 6 (i) (5) (i) (5) Ge PLAN SUBMITTAL 7.1 At plan check, submit three (3) sets of construction plans. Requirements of the Uniform Building Code , shall be complied with as approved by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. 7.2 Preliminary technical detail and plans for all utility installations including cable t.v., telephone, gas, water and electricity, if applicable. .Additionally a note shall be included on plans stating that no field changes shall be made without corrections submitted to and approved by the Building official. He (i) 8S :br: rda93-9 FEES Payment of but not limited to, building plan check and permit fees to the Community Development Department shall be made prior to issuance of any building permits in accordance with the Tustin City Code. City of Tustin REDEVELOPMENT AGENCY RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. RDA 93-9 SS Mary E. Wynn, City Clerk and Recording Secretary of the Community Redevelopment Agency of the City of Tustin, California, does hereby certify that the whole number of the members of the Community Redevelopment AgencY is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the Tustin Community Redevelopment Agency held on the 21st day of June, 1993, by the following vote: AGENCY MEMBER AYES: AGENCY MEMBER NOES: AGENCY MEMBER ABSTAINED: AGENCY MEMBER ABSENT: Potts, Saltarelli, Pontious, Puckett, Thomas None None None E. Wynn, City Clerk ATTACHMENT 9 SCHEDULE OF PAYMENTS ATTACHMENT 9 'EDULE OF PAYMENTS ~MPSON OPA PAYMENT SHALL BE MADE PURSUANT TO THE COMBINED GRANT AND LOAN PAYMENT SCHEDULE ON PAGE 2 OF THIS ATTACHMENT 9 TOTAL CITY AND AGENCY ASSISTANCE ................................ Total CDBG Grant Total Redevelopment Agency Loan TOTAL CITY AND AGENCY ASSISTANCE 10,000 27,120 ...... 37,120 BASIS FOR CDBG PAYMENT: ...................... 1. 50% of Cost 2. Maximum of $10,000 3. 10% Retention for Each Phase BASIS FOR AGENCY LOAN PAYMENT ........................ 1. Percentage of Agency Loan Equal to Percentage of Participant Cost to Total Rehabilit Less Rehabilitation Costs Paid by Grant 2. Maximum of $27,120 3. 10% Retention for Each Phase REHABILITATION COST zu4ASE I )lition v~rpentry Brick Veneer Plaster TOTAL PHASE I REHABILITATION COST 4,950 20,782 32,130 3,360 61,222 PHASE II Installation of Metal Tower 12,500 TOTAL REHABILITATION COST 73,722 GRANT PAYMENT SCHEDULE ...................... PHASE I Completion of Demolition Completion of Carpentry Completion of Brick Veneer Completion of Plaster TOTAL PHASE I Retention Payment (Phase I Completion) TOTAL GRANT PAYMENT COST .... 50% 10% PARTICIPANT GRANT RETENTION PAYMENT COST ................................ 4,950.00 2,475.00 247.50 20,782.00 7,525.00 752.50 32,130.00 0.00 0.00 3,360.00 0.00 0.00 .......................... 61,222.00 10,000.00 1,000.00 2,227.50 2,722.50 6,772.50 14,009.50 0.00 32,130.00 0.00 3,360.00 9,000.00 52,222.00 1,000.00 10,000.00 ATTACHMENT 9 SCHEDULE OF PAYMENTS THOMPSON OPA PAGE 2 LOAN PAYMENT SCHEDULE ..................... PHASE I Completion of Demolition Completion of Carpentry Completion of Brick Veneer Completion of Plaster TOTAL PHASE I Retention Payment (Phase I Completion) TOTAL P~ASE I LOAN PAYMENT PHASE II Tower Cost TOTAL PHASE II Retention Payment(Phase II Completion) TOTAL PHASE II LOAN PAYMENT PERCENTAGE PARTICIPANT OF PROJECT LOAN 10% TOTAL LOAN COST TOTAL AVAILABLE RETENTION PAYMENT ..................................... 2,722.50 3.82% 1,036.31 103.63 932.68 14,009.50 21.99% 5,962.42 596.24 5,366.18 32,130.00 50.42% 13,674.49 1,367.45 12,307.04 3,360.00 5.27% 1,430.01 143.00 1,287.01 ........................................ 52,222.00 81.50% 22,103.24 2,210.32 19,892.91 2,210.32 ......... 22,103.24 12,500.00 18.50% 5,016.76 501.68 12,500.00 18.50% 5,016.76 501.68 4,515.09 ........ 4,515.09 501.68 ........ 5,016.76 COMBINED GRANT AND LOAN PAYMENT SCHEDULE PHASE I Completion of Demolition Completion of Carpentry Completion of Brick Veneer Completion of Plaster TOTAL PHASE I Retention Payment (Phase I Completion) TOTAL PHASE I PAYMENT PHASE II Completion of Tower TOTAL PFJ%SE II Retention Payment(Phase II Completion) TOTAL PHASE II PAYMENT GRANT LOAN TOTAL PAYMENT PAYMENT PAYMENT ..................... 2,227.50 932.68 3,160.18 6,772.50 5,366.18 12,138.68 0.00 12,307.04 12,307.04 0.00 1,287.01 1,287.01 .......................... 9,000.00 19,892.91 28,892.91 1,000.00 2,210.32 3,210.32 ........................... 10,000.00 22,103.24 32,103.24 0.00 4,515.09 4,515.09 0.00 4,515.09 4,515.09 0.00 501.68 501.68 .......................... 0.00 5,016.76 5,016.76 TOTAL PROJECT PAYMENT 10,000.00 27,120.00 37,120.00 ATTACHMENT 10 LABOR LIEN RELEASE TO' CITY OF TUSTIN COFfMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL'WAY TUSTIN, CA 92680 ATTENTION' COM}~ERCIAL REHABILITATION PROGRAM LABOR Waiver of Mechanic,s Lien Riqhts and Certification To Procure payment The undersigned warrants that the undersigned has furnished labor for that certain work of improvement loCated at Tustin, California, and that the costs ascribed to such labor are the complete and true costs without offset, commission, or rebate. Each of the undersigned severally represents, certifies, and agrees- .. (a) That he'or she has fully and completely paid for any and all kinds of work on above subject property. (b) That any promise, statement, check, 'draft, order, promiss9ry note, or written agreement, in reliance upon, or in-consideratipn of, which the undersigned executed this Release of Lien and Representations to Secure Payment, was and is accepted by each of the undersigned as payment in full for all labor or services on the property aforesaid, regardless of'the falsity of any such statement or of any failure to perform the said promise or agreement, or pay the said check, draft, order, or promissory note. · (C) That each of the undersigned hereby expressly releases - - the CITY OF TUSTIN, the owner, the contractor, '-and the sub-contractors, from any liability, and does hereby expressly waive and release any and all lien rights which the undersigned has in or to the real property aforesaid. (d) That none of the undersigned has returned, rebated, or "kicked back" to his immediate employer, or to any other person, any part of the wages paid for work on the property aforesaid. WARNING- Work performed on other jobs must not be included in this release. Siqnature of Worker 3. 4. 5. 5. 7. 8. 9. 10. Labor; Waiver of Mechanic's Lien Rights and Certification to Procure Payment For the purpose of ob'gaining payments for the above items, the undersigned contractor-employer hereby certifies and warrants that the above-named laborers and mechanics actually performed work and labor at the times and upon the job herein-before set forth and that all sums due the above-named laborers have actually been paid by him to the persons named, and that no laborers were employed on this job in connection with the above-described work, excepting those laborers whose signatures appear above. · Dated this day of , 19__ 'Name of Labor Supplier/Company ( ) Area Code Telephone Number - Address, City, State, Zip Code Authorized Signature Title ATTACHMENT 11 MATERIAL LIEN RELEASE TO: CITY OF TUSTIN C0~NITY DEVELOPMENT DEPARTMENT 30Q CENTENWIAL'WAY TUSTIN, CA 92680 ATTENTION : COMMERCIAL REHADILITATION PROGRAM MATERIAL Waiver of Material Lien Riqhts and Certification to Procure Payment The undersigned warrants that the undersigned has furnished the following described material for that certain work of improvement located at (address): in the State of California-and that the costs ascribed to such material are the complete and true costs without offset, commission, or rebate. Description of Material Cost In order to induce the CITY OF TUSTIN to pay the sums of the attached disbursement order, the undersigned does hereby release~ and expressly waive any and all rights against the construction loan fund applicable to said work of improvement and claim of lien against the property herein described for any materials furnished to the work improvement therein described, up to and including the date of this waiver. Dated this day of , 19. Name of Material Supplier/Co. Name Area Code Telephone Number Address, City, State, Zip Code Authorized Signature Title THIS ~ORM MUST BE COMPLETED AND ~IGNED BY THE MATERIAL SUPPLIER A]qD SUBMITTED WITH ALL VOUCHERS W-HICI{ INCLUDE DOT]{ LABOR AND MATERIALS ATTACHMENT 12 PROMISSORY NOTE .DO NOT DESTROY THIS NOTE. WHEN PAID, THIS NOTE AND DEED OF TRUST SECURING THIS NOTE MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION BEFORE CONVEYANCE WILL BE MADE. PROMISSORY NOTE Amount: $27,120 Tustin, California March , 1994 For value received, JEFFREY R. THOMPSON and CHERIE A. THOMPSON, husband and wife, ("Makers") promise to pay to THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California community redevelopment agency, ("Holder") or order, at 300 Centennial Way, Tustin, CA, 92680, or at such other place as the Holder of this Note may from time to time designate by written notice to Maker, the principal sum of $27,120 with 0% interest. Principal shall be due and payable in lawful money of the United States of America at such times as Makers (1) sell, (2) refinance for an amount ine excess of the mortgage amount on the site at the time of refinancing, or (3) upon such time as ownership changes in any manner, with the exception of the death of one or both Makers, of the property identified in the Trust Deed securing this Note. The principal sum of this note shall be reduced by $2,712 each year that Makers (1) do not sell, or (2) do not refinance for an amount ine excess of the mortgage amount on the site at the time of refinancing, or (3) ownership does not changes in any manner, with the exception of the death of one or both Makers. The reduction in the principal amount shall occur each year on the annual anniversary date of the execution of the Owner Participation Agreement by and between the Tustin Community Redevelopment Agency, The City of Tustin and Jeffrey R. and Cherie A. Thompson. In the event the Makers (1) sell, (2) refinance for an amount ine excess of the mortgage amount on the site at the time of refinancing, or (3) ownership changes in any manner, with the exception of the death of one or both Makers, the property identified in the Trust Deed securing this Note, before the Principal amount is reduce to $0, the Makers shall pay to the Holder the then outstanding principal amount. Upon the reduction of the principal amount of this Note to $0, either by payment by the Makers or by reduction of the principal amount pursuant to the provisions of this note, this Note shall be canceled and the Deed of Trust securing this Note shall be reconveyed to the Makers. This Note is secured by a Deed of Trust, of even date herewith, in favor of First American Title Insurance Company, a Page 1 of 2 California corporation, as Trustee, which encumbers certain real property in the City of Tustin, County of Orange, State of California, more particularly described therein. Makers agree to pay the following costs, expenses, and attorneys' fees paid or incurred by the holder of this Note, or adjudged by a court of competent jurisdiction: (1) reasonable costs of collection, or enforcement, including costs, expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, whether or not a suit is filed; and (2) costs of suit and such sum as the court may adjudge as attorney's fees in any action to enforce payment of this note or any part of it. MAKERS: Jeffrey R. Thompson Cherie A. Thompson Date: Date: Page 2 of 2 ATTACHMENT 13 DEED OF TRUST Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS UNE FOR RECORDERS USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, mace whose address is herein called TRL,rSTOR,' (NumDer and S~'ee~) (City) (State) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in t~7ein called BENEFICIARY, County of Oz:a. ncje . State of California. described as: COUNTY BOOK PAGE COUNTY Alameda 128~ 556 KJng~ 8~8 713 Plao~ 1028 379 S4erm Alpine 3 130-31 Lake 437 110 PkJma~ 166 1307 S4~(~ou Amador 133 438 ~ 192 367 Rh~r~e 3778 347 Solmno Butte 1330 513 Loe ~ T-3878 874 S~¢t~fle~'~o 5039 124 S, onoffm CokJea 323 391 Madn 1849 122 San B4,mm'dlno6213 768 Sutt~' Del No~te 101 549 I,~,e~h~no ~ ~9 Sea J~lula 2a55 2~3 Trm4ty El ~ 704 635 ~ 1660 753 San ~ (:N=4~=~ 1311 137 Tu~m Fre~.~o 5052 E;F3 Mo~oc 191 ~3 Sen Mete~ 4778 175 3'Uo4u~te Glenn 469 76 Mo~o 69 3~2 Senta ~ 2065 881 Ventu~l Humboldt 801 83 Monte(l*/ 35'7 239 S4ntl ~ 6~26 664 YMo Imperil 1189 701 Nato4 704 742 SM'Ira Cruz 1638 607 Y~Jb4 Kern 3756 690 O~nge 7182 18 Sen Diego SERIES 5 Book 1964, ~ 149774 in sutx:livimon B of the f~:~Xs~s cleed o~ m~ mcm, dmd i~ (h-ange Counq~ August 17,1064. and ia mi other ~ Au9~ 18.1~. ~ ~ ~ ~ a ~ ~ d ~ ~ COUNTY BOOK PAGE COUNTY BOOK PAGE BOOK PAGE The unOefs~.'tdd:l Tru~o~ STATE OF CALIFORNIA COUNTY OF On personally apl:)eared Signature of Trustor I~rsonally kl3ow/1 Jo me (o~ l:XOVe~ to ~ ~ ~e ~,s of ~e) to ~ ~ ~n(s) w~ ~(s) ~e sub~ to ~e ins~m~l a~ a~g~ to ~ ~t h~she~ ex~ ~ ~ in h,~er~e,r a~honz~ ~c,~(ies). and ~at by h,~r~eir ~g~ture(s) ~ ~e ,n~ ~ ~(s) or t~ e~ u~n ~ ~ ~i~ ~ ~(s) a~. ex~ut~ ~e ln~rument. W~NESS my hand and official se~ S,gnature ('Thrs area for ofl,c,al notar,al seal) 1158 (Rev 1.~1) ATTACHMENT 14 NOTICE OF COMPLETION ANO WOqe~t ~rCo4DrD MAIL. TO --.Si'AC: ADOVi: THIS LINC FOR FI£CORDrR'~, gsr~ Notice of Completion ?. A wor~. o[ improvcmcnl off L),c prol~c~y l~crc~&hcr dcacribc~l wu complctcd on~_. 13...-T~c name of L~c contractor, ii anT, [of' 0uc~ wor1~ o,~ improvement wdd · 9. %c pro~fl~ oa which ~ wor~ o[ improv~cnt was complct~ is ia thc CitT o[, . .. $¥ATI~ 01" CAI.II'OR.~I.~. } rOUt;TI' 0~-.?'%5' ATTACHMENT 15 AGREEMENT TO BE RECORDED AFFECTING REAL PROPERTY ATTACHMENT NO. 15 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY Attention: Christine Shingleton 300 Centennial Way Tustin, CA 92680 (Space Above for Recorder) This Agreement is recorded at the request and for the benefit of the City of Tustin Community Redevelopment Agency and is exempt from payment of a recording fee pursuant to Government Code Section 6103. CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY By: Its: Dated: , 1994 CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY AGREEMENT TO BE RECORDED AFFECTING REAL PROPERTY THIS AGREEMENT is entered into this day of , 1994, by and among the CITY OF TUSTIN, a municipal corporation (the "City"), the CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), and Jeffrey R. and Cherie A. Thompson, husband and wife, (the "PARTICIPANTS") with reference to the following: A. The Participants are the fee owners of record of that certain real property (the "Property") located in the County of Orange, State of California legally described in the attached Exhibit A. The Property is referred to in the "OPA" (defined in paragraph "C" hereof) as the Site. B. The Property is located in the Town Center Redevelopment Project Area (the "Project") and is subject to the provisions of the Redevelopment Plan for the Project adopted by Ordinance No. 701 and amended by Ordinances No. 855 and 1021 by the City Council of the City of Tustin. The Agency has full power and jurisdiction in respect to the Property pursuant to the redevelopment Plan. C. The City, the AgenCy, and the Participants have entered into an Owner Participation Agreement dated as of , 1994 concerning the development and use of the Property (the "OPA") which OPA is on file with the Agency as a public record and is incorporated herein by reference and which OPA provides for the execution and reconstruction of this document. Except as otherwise expressly provided in this Agreement, all terms shall have the same meanings as set forth in the OPA. NOW, THEREFORE, THE CITY, THE AGENCY, AND THE PARTICIPANTS AGREE AS FOLLOWS: 1. The Tenant and the Property Owner, on behalf of themselves and their successors, assigns and each successor in interest to the property or any part thereof, hereby covenants and agrees: (a) To use, devote and maintain the propertY and each part thereof, for the purposes specified in the Redevelopment Plan, Zoning Code and such other local ordinances and regulations which may be appropriate. Additionally, the Participants, such successors and assignees, shall comply with all applicable laws regarding their operations and use of the Site. The foregoing covenant shall run with the land. (b) To refrain from restricting the rental, sale or lease of the Site on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (1) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (2) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following.conditions: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, age, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such ~practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of. tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." (3) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." 2. There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Tenant and the Property Owner, jointly and separately, for themselves or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. 3. The agreements and covenants set forth in this Agreement shall run with the land. The agreements and covenants contained in Section 1 herein shall remain in effect for the periods provided herein. The agreements and covenants contained in Section 1 and 3 herein pertaining to the uses of the Property shall remain in effect from the date hereto until the expiration date of the Redevelopment Plan as said expiration date may be extended by proper amendment to the Redevelopment Plan. Covenants regarding discrimination shall remain in effect in perpetuity. IN WITNESS WHEREOF, the City, the Agency, and the Participants have executed this Agreement. CITY OF TUSTIN: BY: DATE: Thomas Saltarelli Mayor APPROVED AS TO FORM: BY: James G. Rourke City Attorney ATTESTED: Mary Wynn City Clerk TUSTIN COMMUNITY REDEVELOPMENT AGENCY: BY: DATE: Thomas Saltarelli Chairman APPROVED AS TO FORM: BY: James G. Rourke Agency Counsel ATTESTED: Mary Wynn Secretary PARTICIPANTS: By: DATE: Jeffrey R. Thompson By: DATE: Cherie A. Thompson RZ IMMER\ THOMPSON \OPAATT 14. TXT EXHIBIT A of ATTACHMENT 1.5 LEGAL DESCRIPTION EXHIBIT A LEGAL DESCRIPTION Ail that certain land situated in the State of California, County of Orange, City of Tustin, described as follows: The North 100 feet of Lot 4 and the East 20 feet of the North 100 feet of Lot 5 in Block 17, as shown on a map of "A Part of Tustin City", recorded in Book 4, Pages 218 and 219 of Miscellaneous Records of Los Angeles County, California. Excepting therefrom all, oil, gas and other mineral rights in. and under said property together with the exclusive right to use such portion'of said property lying more than~500 feet below the surface thereof for the extraction of oil, gas and minerals from said property or property in the vicinity thereof; however, with no right of surface entry whatsoever, as reserved by Mobil Corporation of California, A Delaware Corporation in deed recorded March 5, 1969. ATTACHMENT 16 EMPLOYMENT AND LABOR REGULATIONS COMPLIANCE REQUIREMENTS EXHIB~ 1 A'ITAC~~ 16 CDBG CONTRACT COMPLIANCE REQUIRE~NTS SUMMARY ~ C rD ~- I"1 r.I.3 0 0 ('3 0 .=..~0 0 ~ f'~ o o '"o --~ 0 I-,1 ,..~. o ::~ E -~ -.~. C7' !---' 0 '~ 0 I:u 0 0 0 "~ :~ 0 (/3 o ~ c "3 Er' ~0~ m ~ m ~ o 0 0 0 0 0 E ~ o o ~ o 0 r-t 0 0 ~ o ~+ 0 0 ~J n I~ · 0 ~ ~ 0 0'~ r-t o :2o I m I '",l 0-.-I 0~,'~ ~) 0 0 ~ ~-~ --~ ° 0 '~'0 o -~ c o ~ o o c- 03 '3 0'3 -0 0 '3 0 '~ r,, 0 0 o 0 n 0 o 0 0 ~ 0 ~o 0 EXHIBIT 2 ATTACHMENT 16 FEDERAL LABOR STANDARDS PROVISION Federal Labor Standards Provisions U.S. Deca~t of Hou$,r~ and Urban De,velopme~t T~e Pro~_~ct_ or Program to which the consl~uction wort< covered by this cono'ac't =,attains is being assisted by the United States of America and the following Federal Labor Standards Provisions,are included in this Contract pursuam :o the pr_i2visions applicable to such Federal assistance. A. 1. (T) Minimum Wag{~s..All laborers and mechanics employed or work- inG upon ~e site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development pt _me p~iect), will be paid unconditionally and not less often than once a week, ar, C wimout subsequent deduction or rebate on any account (except such pa,~,-oll deduc~ons as are permitted by regulations issued by the Sec.-etar.v pi LaC)Or under the Copeland Act (29 CFR Part 3), me tull amount cf wages snd bona fide fringe beneFrts (or cash equivalenG thereof) due at ama of ,cs,vment computed at rates not less than those contained in the w~ge de:e,"minaaon of the Secretary of Labor which is attached hereto and rns~e a :-'_.ri, hereOf, regardless of any contractural relabonship which may 0e ~.lle~_ -.s~ Id ex:st between the contractor and such laborers and mecnan,c.~ Cono'ibutions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf pt '.p-~ore:'s or mechanics are considered wages paid ~o such laborers or mecnan,c.s, suojec: to the provisions of 29 CFR'5.5(a)(1)(iv); also, regular cor, mbu-.cns m~de or costs incurred for more than a weekly period (but no: less c,",en b'~en quarterly) under plans, funds, or programs, which cover ~e .aarrcutar weekly period, are deemed to be construCUvely made or incurred Curing such weekly pedod. S.ucn re:brats and mechanics shall be paid the appropriate wage rate and ~nnc. e benefits on the wage determination for the classification of work sctJr-IIv :-edormed, without regard to skill, except as provided in 29 CFR PP_r't 5.5~.i{4). I_&C~orers or mechanics periorming work in more than one c{~ssi~c~don may be compensated at the rate specified for each ctaseifica- ~on tot ;e time actually worked therein: Provided, That the employer's pay- roil r_~".,ocs accurately set form the time spent in each classification in wnJc2 wcr,< is performed. The wage deferminafion (including any additional c:~s~hSc~.:on P_nd wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and me Da,,qs-~con ~x:)s:er 0/VH-1321) shall be posted at all times by the con- u'p-,~or s.-.= its subcontractors at the site pt the work in a prominent and sccessKt-e, place where it can be easily seen by me workers. (i~ (~) Any class pt laborers or mechanics which is not listed in the ws~e ce~rmi'nadon and which is to be employed under tJqe contract shall 0e c{a.s~.=,ed in conformance with the wage determmaUon. HUD s,hall sec>rove sn additional classification and wage rate and fringe benefits ~er. e~'ore only when the JOllowing criteria have been met: [1) The work to be perlormed by the classification recluested is not pe~iorme: by a cJassifioaaon in the wage determinaaon; and (2) The classificat)on is udlized in the area by the const~,uCt)on inc us~--)c, znd ;3) 9-ne proposed wage rate. inciuOing any bona fide tringe bene- S.'% .bears a re~.~onable relationship to the wage rates contained in the wa~e cE~rmina0on. (-~) ff ~e contra~or and the b~borers and mechanics to be employed in .me c:z_s.~ca~on (if known), or their representa~ves, ant HUD or its · ae~;n~:: ~gree on the ~zssi~ca~on and wage rate (including the amount c~gna~: lot ~nge penefits where aDpropnate), a report of the aCaon t~_k~n sr. zH t~ sent by HUD or i~ designee to the Adminis=ator of the Wage ~nc Ho~: Div~o,q. Employment Standards Admmis:zal~on. U.S. Department of LzDor. ',¥asr, in~on. D.C. 20210. The Administrator. or an a~rthonzed re~:~es~=:~ve, wdl aDprove, mcxJih/, or disapprove every add~ona~ classifi- c.~oon ~on w~in 30 days of receipt and so adWse HUD or mfs designee or will rc:W HUd or its de~s4gnee within the 30-Oay period that addibonal tirr~ is necessa, ry. (Approved by the Office of Management and Budget urger CMB conu'o( numb,er 1215-01443.) (c) In me event t~e contractor, tJ'~e lal:~orers or mechanics to be e.,m..Dioyec in De ctassificat)on or their reoresenmt)ves, and HUE) or ~ts ces,gne-~: co not agree_ on the proposed classifical3on and wage rate ([~.c:uc;.-~ the r-mount designated for fringe benehts, where appropriate), :-ev~cu~ ~C[TIOm ~s Obsolete HUD or its designee shall refer the questions, including the views of all inlerested part]es and the recommendation of HUE) or its designee, to the Administrator for determination. The Administrator. or an authorized repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notily HUD or its designee within the 30-day period that additional time is nece~s,3ry. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including Idnge benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers perlorming work in the cla.ssifical~on under this con- b'act from the first day on which work is pertormed in the ctassificatJon. ('ii~ Whenever the minimum wage rate prescribed in the contract lot a class ct laborers or mechanics includes a lringe benefit which is not expressed as an hourly rate. the contractor shall either pay the benefit as stated in the wage determination or snail pay another bona fide fringe benefit or an hourly cash equivalent thereol. (iv) If the contractor does not make paymenLs to a trustee or other ~ird person, the contractor may consider as part of the wages ct any laborer or mechanic the amount pi any cos~ reasonably anticipated in providing - bona fide fringe benefiLs under a plan or program. Provided. Tha~-tr~ Secretary of Labor has found, upon the written .request of the contractor. that the applicable standards of the Davis-Bacon Act have been meL The Secre~ry of Labor may require the conu'actor to set aside in a separate account assets for the meeting of obligal3ons under the plan or program. (Approved by the Office of Management and Budget.under OMB Control Number 1215-0140.) '" 2, Withholding. HUD or ils designee shall upon ils own actJon or upon wntten request of an authorized representaove of the Departmenf ct L_~bor withhold or cause to be wi~heid lrom the contractor under this conLract or any other Federal contract with the same prime con0'actor, or any omar Federally-assisted conmact subiect to Davis-Bacon prevailing wsge requirements, which is held by the same prime contractor so much of the accrued paymenls or advances as may be considc,-ed necessary to pay laborers and mechanics, including apprenl3ces, trainees and employed by the contractor or any suboonmactor the tull amount or 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 Lhe site ct the work (or under the United States Housing Act of 1937 or under the Housing Ac~ of 1949 in the consu-ucuon or development of the proiect), all or paJl ct the wages required by the c~ntract, HUD or its desig- nee may, alter written noUce to the contractor, sponsor;-applicanL, or owner. take such acaon as may be necessary to cause the suspension of any turner payment, advance, or guarantee ct funds undl such violal3ons have ceased. HUE) or its des~gne~ rrtay, alter writ'ten no~3ce to the coho'actor, dis- bursa such amounts wi~held tot and on account ct the conu'acl, or or suo- done'ac-tot to the resoecave employees to whom they are due. The Comp- troller General shall make such disl:)ursements in the case of direc~ Davis-Bacon Act con~ac~- 3. (T) Payrolts and basic recd,'ds. Payrolls and basic records relal3ng thereto snail be ma~nt, mned by the conmactor aunng the course of the work preser~-=,d lot a I:~nod of ~re~ ye3rs thereafter for all laborers and mechanics worYJng at the site of the wot1< (or under ~e United States Housing Act of 1937. or under ~e Housing Act ct 1949. in the co--capri or development of the profec:~_ Such records shall contain the name, address, and sociaJ secunt'y numbs' of each such worker, his or nar cor- rect ciassifica~on, hourb' ra~es of wages paid (inc. Juding rates of conmbu- ~ons or costs anac~oated 1o~ Dona fide tnnge benefits or cash eQu,valenm thereof of the types 0escn0ed in Sec~on 1 (b)(2)(B) of the Oavis-t:~:ccn Ac:). daily and weekly number of hours worxed, deouc~ons made and ac,ual wages ~a~d. Whenever the Secretary of Labor has found under 29 CFR · (a)(1Xiv) mat. me wages o~ any laborer or mechanic include the amount of ' any cos~ reasonably anuc~Da~ed in providing benefits under a plan or pro- gram oescnbed ~n Secuon I(bX2)(B) of me Dav~s-6acon Ac:. the cont.-actor snail mam~3m records wmcn snow mat the comm~u-nen[ to prowde Such H U E)-4010 (2.841 13-'.-' :) benehts ts enid, ce.able, ~at the plan or pro<~ram ts hnanctally resooqsa~te. and treat tr~e Dian or pro, ram has 13een commun,cated tn wnt~ng to me ialoorers or mecl~amcs attectecl, and recorcls which show the costs ant~ci- ,ted or tlqe actual cost incurred in proViding such benefits. Contractors ~Dloy4ng ap~renMces or trainees uno, er approved procjrams sl~all m. atntain ,vritten evidence of the regis0'alJon o! apprenticeship programs and certifi- cation of trainee programs, the registration of the apprentices and trainees, and me ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215.43017.) (ii') (a) The contractor shall submit weekly for each week in which any ,contract work is periormed a copy of all payrolls to.HUD or its designee if.. me agency is a party to ~e~co.ntrac'L but if the agency is not such a party, me contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, tot transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained unOer 29 CFR Part 5.5(aX3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purlc~se and may be purchased from the Superintendent of Docu- ments (Federal Stock Number 0L-.'9-005-00014-'1). U.S. Government PMnting Office, Washington. DC. 20402. The pdme contractor is responsible tot the Submission of copies of payrolls by.all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 3215-0149.) (b) Each payroll submitted shall be.accompanied by a "Statement of Compliance," signed by me 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: · (1) That the payroll for the payroll period contains the informauon required to be maintained, under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct, and complete; (2) That each laborer or mechanic (including each helper, . apprentice, and trainee) employed on the contract during the payroll penod has been paid the full weekly wages earned,' without rebate, either directly -indirectly, and that no deductions have been made either directly or indi- ay from the tull wages earned, other than permissable cleducMons as set ,uct~ in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable.wage rates and fringe benefits or cash equivalents for me clas- sicatJon of work performed, as specified in the applicable wage determina- tion incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on-tlqe reverse side of Optional Form WH-347 shall satisfy me requirement for submission ot me "Statement of Compliance" required by paragraph A.3.(i0(b) of this section. .,. (d) The falsification of any of the above certifications may subject me contractor or subcontractor to civil or criminal prosecution under Section. 1001 of Title 18 and Section 2'31 of Title 31 of the United States Code. (ii0 The contractor or-subcontractor shall make the records required under paragraph A.3.(i) of'mis section available for inspection, copying, or L"anscription by au~orizecl representatives of HUD or its designee or me Department oLl nbor, and shall permit such representatives to interview employees during worl,Jng hours on ~e idb. If the contractor or subcon- tractor fails to submit t~e required records or to make mere available, HUD or it~ designee may. after wntten no0ce to the contractor, sponsor, appli- cant. or owner/take such actJon a~s may be nece__~_~.nry to cause the sus- pension of any furl~er payment, advance, or guarantee of funds. Further- more. failure to submit me required records upon request or to make such recorcls avaiiableYnay be grouncts tot debar.meat acoon pursuant to 29 CFR Part 5.12_ 4. ('D Apprentice:$ and Traine~s. Apprentices.. Apprentices will be per- m~ed to work at less t~an me predetermined rate tot ~e wot1< mey per- formed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered wtth me U.S. Deparl~nent of L~Oor, Employment and Tra,ning Adm,nistramon. Bureau of Appren~ceship -- d Tratning, or wire a State Apprenmce.~ip Agency recognized by t~e eau. or if a person is employed in his or her first 90 days of proba0onary .,nployment as an apprenoce tn such an apprenticeship prog~m, who ~s not individually reg,stered in ~e program, but wad has been ce~fiecl by the Bureau of AporentJceship and Traimng or a State ApprentJcesriip Agency (where approonate) to be eligiPle lot probationary employment as an apprenOce. Tl~e allowa:~le rat~o ot ;.-~tent~ces to journeymen on me )ob ~tte ,n any craft ctassif, cauon snail nc: :~ greater ~ac ~,e raao ~rm~n~ to me con.actor as m me chore worn lor~ unOer ~e r~ster~ Dr~ram. Any wooer hst~ on a ~yroll at an ap~oce wage rote. who is not r~ste~ or o~e~ emDtoy~ ~ s~t~ a~. shall ~ ~id not I~ ~an me applique wade rate on ~e wage c~te~lnaMon for ~e c~ifi~on of . wo~ a~alty ~do~. In aOdi~or, any apDrenMce ~do~ing wo~ on ~e job ~te in exc~ of ~e raMo ~~ under ~e r~ister~ pr~m shall ~ ~id not I~ ~n ~e ap~le wage rate on ~e wage dete~i- naMon lot ~e wo~ ac~ally ~do~ Where a ~n~a~or is ~do~ing ~~on on a proj~t in a I~/o~er ~an ~t in which i~ pr~mm r~ister~. ~e raMos and wage ~t~ (~pr~d in ~rcen~g~ of ~e jour- neyman's houdy rote) s~ifi~ in ~ ~n~¢s or ~on~ctors r~is- ter~ pr~ram s~ll ~ obsesS. Ev~ appren~ce must ~ paid at not t~ ~n ~e rate sp~ in ~e r~ster~ pr~m for ~e apprentice's level of pr~r~, expr~ as a ~rcen~ge of ~e journeymen hourly rate specifi~ in ~e appli~ble wage Oe~minaMon. Apprenfic~ shall be paid fringe ~nefi~ in ac~rdance wi~ ~e provisions of ~e apprenfic~hip pr~ra~ If ~e apprenMc~hiD pr~m d~ not s~ci~ fMnge benefit, apprenMces must be ~id ~e full amount of fringe benefi~ list~ on ~e wage determina~on for ~e appti~ cla~ifl~fion. If ~e Adminis~ator Oetermines ~at a different prac~ce :revails tot ~e appli~ble apprenMce classifi~Mon, ldnges snail be pal0 :~ a~or~ance wi~ ~at determination. In ~e-event ~e Bureau of Appren~c~n~p and Training, or ~ S~te Appren- Mc~hip Agency r~nized by ~e ~ur~u. windows approval of an appren~c~M~p pr~ram, ~e con~or will no longer ~ permiM~ to utilize apprenMces at I~ ~an ~e aDpli~:~e pr~ete~in~ rate for ~e work pedorm~ until an acceD~ble pr~m is approve. · ', ~ 0~ Train~. ~cept as provide: in 29 CFR 5.16, Vain~s will ndt be permi~ to wo~ at I~ ~an me D-~ete~in~'rate for ~e work per- form~ unless ~ey are employ~ :,crsuant to and indiviOually register~ in a program which has r~eiv~ pad' approval, evidence-by formal ce~fi- ~don by ~e U.S. Depa~ent of ~:or, Employment and Training ~mini- svauon. ~e raMo of ~ain~s to journeymen on ~e job site shalloot be grater ~an permi~ unMer ~e p~n approv~ by ~e Employment and Training AOminis~abo~ Eve~ ~am~ must be paid at not I~ ~an ~e ~te sp~ifi~ in the approv~ pr~mm ~r ~e ~ain~'s level o[ progre~, expr~ as a percen~ge of ~e l:~meyman houdy rate s~ified in ~e ap~ti~ble wage Oete~maMon. Tr~e~ shall ~ paid fnnge benefi~ in accordance wi~ ~e pr~sions of ~e ~ainee pr~mm. If ~e ~inee pro- g~m ~s not menaon fri~ge ~n¢5~ ~ain~s shall be paid ~e full amount of ~inge ~nefi~ list~ on -~ w~g~ determinaMon unle~ ~e AOminis~tor of ~e Wage and Ho~' Division Oetermines ~at ~ere is an apprenMceship pr~m a~iate: w~ ~e co~esDonding journeyman wage ~te on ~e wage Oeterminn::n which provid~ for le~ ~an ~11 fnnge ~nefi~ for apprenMces. Any employ~ list~ on me payroll at a train~ ~te who is not r~ister~ z-c pa~cipaMng in a ~ining plan approv~ by ~e Employment an0 T~ining Admini~aMon shall be paid not 1~ ~an ~e appli~bte wage rate :n ~e wage Oete~i~Mon for ~e wo~ actually ~Mo~. In aOdiVon, any ~n~ ~dorming work on ~e job site in exce~ of ~e ra~o ~rmiMeo uncut ~e r~ister~ pr~m shall be ~id not I~ ~an ~e appli~Dle ~age ~ on ~e wage Oete~inaMon for me work a~ually ~dorm~. In ~e eve-: me Employment'and T~ining Admin- is~Don w~ws approval of a ~ng pr~ram, ~e con~ctor will no longer ~ pe~in~ ~ uMlize ~n~ at I~ ~an ~e appli~ble pr~eter- mm~.~te for ~e wo~ peMo~ .n01 an accep~ble p~m is approve. 0ii) Equal employment op~:n~. ~e u~li~Mon of apprenM~ ~n~ and journe~en unOer ~ ~ snail ~ in conto~i~ w~ ~e ~ employment op~ni~ r~remen~ of ~Ove OrOer 11246, as amendS, and ~ CFR Pa~ ~. 5. ~p~ance w~ ~nd Am ~uir~en~. ~e ~n~or shall ~mply wi~ ~e r~uiremen~ of ~ CFR P~ 3 which ~e in~~ by reterence in ~is conic 6. Su~n~ ~e con~or :r su~on~or will in~ in any con~a~ ~e claus~ con~in~ i~ ~ CFR 5.5(a){1} ~rough (10) and suc~ o~er c~u~ ~ HUD or im 0~r~ may ~y appropriate ins~ons require, and also a clau~ r~u~nn~ ~e su~onvactom to inclu0e ~e clauses in any lower ~er su~n:~:~. The pnme con~a~or small ~ res~nsible for me ccmoIianc8 by [~? sg~on~acto¢ or lower Me¢ SUDCOA- ~or w~ all ~e con.ct clause~ .n 29 CFR Pa~ 5.5. E-IO HUD-4010 7. Contracte ten'ninat~on; debarmenL A breact3 o¢ tt3e contract clauses mn 29 CFR 5.5 may be grounds lot ten'mnat~on bt the contract, and for debar- ment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davi~-B. acon and Related Act Requiretwent3. All rul- ings and interpreta0ons bt the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this .. contract 9. Disputes concerning latex standards- DispUtes arising outof the labor s=andards provisions of this contract shall not be subject to the general cispute~ clause bt this conb'-act. Such disputes shall be resolved in accor- · Cance with the procedures of the Department of Labor set forth in 29 CFR Parls 5, 6, and 7..'Oispute_~ within the meaning of this clause include dis- :utes between the contractor (or any of its subcontractors) and HUD or its ce..signee, the U.S. Department of Labor, or the employees or their representatives. 10. (f) Certification o! Eligibility. By entering into this contract, the con- :'actor cer'J~es that neither it (nor he or she) nor any person or firm who nas an imerest in the contractor's firm is a person or firm ineligible to be ~warded Government contract~ by virtue o( Section 3la) o( the Davis- -bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici- :ate in HUD programs pursuant to 24 CFR Part 2,~. ('iQ No part o( this contract shall be subcontracted to any person or tirm ineligible lot award of a Government comzact by virtue of Section 3la) of .me Davis-Bacon Act or 29 GFR 5.12(a)(1) or to be awarded HUD contracLs .~r par~cipate in HUD programs pursuant to 24 CFR Part 24. (iiQ The penalty for making lalse statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Orimnal Code. Section · ,010. Title 18, U.S.C., "Federal Housing Administration transactJons", pro- rides in part: "Whoever, for the purpose of...influencing in any way the act. ion ol such Administration... makes, utters or publishes any statement. knowing the same to be false.., shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of ~is Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has tesd~ed or is about t~ testily in any proceeding under or reladng to the labor st3ndards applicable under this Contract to his employer. B Conb-act Work Hours and Safety Standards Act. As used in this para- graph, the terms "laborers" and 'mechanics" include watchmen and guards. (1) Overtime requirements. No cont~ctor or subcontractor contracting for any part of the conu'act work which may re<3uire or invo(ve the employ- merit of laborers or mechanics shall rec~uire or permit any suc,h laborer or mechanic in any work-week in which he or she is employed on such work to wot1< in excess of eig.ht hour~ Jn any calendar day or in excess ct tony ,hours in such workweek unless such lat>°rer or mechanic receives corn- pen.~-.abon at a rate not less t~an one- and one-half t~rne.s me basic rate bt pa')' lor all hour~ ~K~ ~~z ~-~,~;~ ;r, 7 ;~;cr~;¢ dzv~, ~n exc8~ of 1o~ hou~ in such wor~w~wh;~r ~ (2) ~olafion; ~a~i~ lot unpaid wag~; lieuidat~ damage. In ~e event of any viola~ of ~e clause set 1o~ in sub~mgra~h (1) of parag~P~ ~e con.actor and any subcon~or r~ibie ~erelor shall ~ lia~e for ~e un~d wag~ In addiaon, su~ con.acer and subcon- ~a¢or shall be liana ~ ~e Un~ S~t~ 0n ~e ~ of wo~ d~e under con~ for ~e Dis~ of ~lumbia or a ~ow, to such bisect or to such tam. W), for liauida~ damage~ Such liquidat~ da~ges shall ~ com- p~¢ wi~ r~¢ ~ ~ch individual ~rer or m~hani~ including watchmen and gua~ employ~ in viola~on of ~e clause set lo~ in paragraph (1) of ~is ~graph. in ~e sum of $10 let each ~lendar day on which such individ~l was r~uir~ or pertained to work ~ ~ in exc~ of ~e s~dard wor~k of Io~ hours wilbur pay- ment of ~e ore.me wag~ r~uir~ by ~e clause set lo~ in subpa~- graph (1) of ~is pa~graph. (3) W~hholding lot unpaid wag~ and iiquid~t¢ damage. HUd or design~ shall upon i~ own ac~on or upon wri~en r~uest of an au~o- riz~ represen~ve of ~e Depa~ent of ~r withhold or ~use to he withheld, ~om any mone~ payable on account bi work pedo~ by ~e con[factor or subcon~actor under any such contract or any o~er F~eral contract with the ~me pnme con~cL or any other F~erally-assisted con- ~act subject to ~e ~n~act Work Hours and Sale~ S~ndards AcL which is held by ~e ~me prime con.actor such sums as may be determin~ to be n~W to ~as~ any liabili~es of such contractor or subcontractor for unpaid wages and liquidat~ damages as provide_ in ~e clause set fo~ in subparagraph (2) of ~is paragraph. - (4) Su~on~a~ ~e con.actor or su~on~actor shall inss~ in any subcon~ac~ the clauses set Io~ in sub~ragraph (1) ~roug~ (4) of ~is paragraph and also a clause r~uiring ~e subcon~a~ors to include these clauses in any lower ~er su~on~cm. The prime con.actor shall be res~nsible lot c~pliance by any suOcon~actor or lower 8er ~bcon~ac- tot wi~ ~e claus~ set Io~ in subparag~p~s (1) ~rough (¢'of ~is parag~ph. C. Hea~ and (1) No la~rer or mechanic s~all be r~uir~ to work in surroundings or under working ~ndi~ons whic~ are un~ni~w, h~ardous, or danger- ous to his heal~ a~ ~fe~ as determin~ under con~c~on ~feW and h~l~ s~ndards pmmulga~ by ~e ~re~w of ~bor by r~ula~on. (2) The Con~ctor shall comply wi~ all regutaOons i~u~ by S~re~w of ~r pumuant to ~Oe 29 Pad 1926 (fo~edy pa~ 1518) and tailure to comely may r~ult in im~si~on of ~ncdons pursuant to ~e ~n- ~a¢ Worn Houm and ~le~ S~ndards Act (Public ~w 91-54, 83 S~L 96). (3) The Con. Cdr shall include ~e provisions of ~is A~cle in eve~ su~on~ so ~at such provisions will ~ binding on each subcon~actor. ~e Con~a¢or s~ll ~ke such ac~on wi~ r~t to any 5ubcon~act ~e S~re~w of Hou~ng and Ur~n D~etoo~ent or ~e'S~re~w ct ~r s~ll direr as a m~ns of enforcing suc~ prows~onS. F_.-! ] HUD--4010 (2-8~) ( S?ECLAL ?ROVISIO.%'S TO~ F/CD BLOCK · . . ~lng and Co--~unity :' y~ed upon the' r~quirc=cnt~ of thc ~1~ ~n~ r~gu~tion~ of. thc- ~ . . Circul,r 7~-'~ . ~ {~ '~6 7&-7, thc following provision,. =u~t bc included in ~11 contr~c[~ ~id f'or in ~ ~' .. :{ ~ola' or in ~rt fr~ ~ f~d~ ~ indicxtad ......... ; - ~ubcontracts · · . ~. ~=- follo~n~ ~u~t bc inc!~6 in ~11 contr~ct~ . contract at the =mpense of thc contractor, ~nd fha. co,.frAe%or and hi; SureTy ;hall . ~ li~b!~ to fha ~ntracti~ ~cy for ~Y ~ce;~ co;t~ ~riencad by tha Co . - in c~p!=ting thc ~ork, ,uch ~t=rial,, aFplianc=~ ~ p~nt ~-~Ay be'on the of thc work ~n~ nccc,~xrY therefore- (Sourca: ~nge' ~Y ~uxing ~=d ~uni~Y . :~ % !k:v=!oW=c--t) ;I .. 2. CLi_~_~ x!.x A.%-'D UA?KR .~OLLUTIO.W CO.%-]~.~OL ACTS -. E-12 ~ubc o?.' -ac' 1. 5-EF.~.!.~AT!O.~ CF COh-KF3. C-i" In the %vent that ~ny of' th~ provi;ion~ of tb.l~ contrxct ~rc rio- : ~. ~.~ t'~ contractor or by ~uy of kis ~ubcontr~ctor;, thc C. ontr~cting kgc-cy -'~Y . - " . ~ ~cnnion to, . .>c~i~tc the contract, ~uch notica; to contain thc rc~ons fo. ,uch in . . , . . . :; ....~i~tc tha contract ~ ~c~ ~th!n t~n (10) da%: xft~r thc ~c~izg of ~uch , ~ % notice upon contractor, ~uch vio!xtion~ or d~!ay ~ll c~e ~zd ~atisf~ctory arrange- : .: .. %ha c~piration:.of ~zld ~ '; :; xc=[. or correction ~ ~6a, thc contract ~?~11', upon , "~ ' In. thc awcnt of ~ny' ~uch t=~i~tion, the ~ntract J '.~ (10) days, cta~= and t~i~t~- . ' ' ' : ' ' 'thc Surety a~ the contraato- q ~ ing.~ancY ~11 i~adiat=lY ~a. notic= thereof pon :~ - ' and ~rio~_nhz. coa[-:ct'] prcvidzd,. 6 ':~ nd thc' Sur=ty ,b~!!' ~v= thc righ= =o-t~:-ovc~' · . . ~i .... 7 ho~'cvar, t~t-if the Surety doc~ not c~uc= ~rfo~znc= th=r~of-~-it'hin ten. (]0) ~ -the - f no,ica'of toxin,ion, ~ntracting ~ency may take ovcU the york an5 prosecute ~hc x~=e ro c~pletion by .. ~,rfo~~t:of.~I ~~pr: contr~cu, or' ~ubcontr.~t.i~. li~t,d on t~ ~.t of ~ .. Tiolati~ ~ci!iti~ i~d bi t~ Enviro~cnttl Protection ~cnc/ (~A) pur~nt b. ~ c. ontr,ctor agree, to co~n_ply'.~ith all thc requirement6 of ~ctlon 114 of thc C_!c~n A_ir A~t, az ~_=enJed (&2 USC 1857c-g) and f~cction 308' of the Y~¢ral Water Pollution Co~_trol ~-at, ~ a~n~ed, (33 USC 13iS) relating to in- .. ~F. cculon, ~oni=or/_ng, entry, reFort~, ~nd _~nfor=~tion, ~ wc!l a= ~!1 other rc~u~re- =~_zc~ =p~cificd in. ~id g~ction ll& a~d f~cccion 308, ~d x!! r~guix:lons an~ g'u_tdc- · c.- ~ contractor ~ill ~iwc-pronpt noti¢~ of ~ny notification fro-n_, thc Director. of thc ~A, Off/ca of 7cderal A~tivitie~ or. any agent of uh~t o~icc·, thzt-a.£aci!ity n~=d or to be u~ad for t~g aontrgct i~ undcr considara- -. . . . . . zion. ro ~ !i~=d on thc: ~Z li~[ of Violating Y~cilitl~. . ... . .... .. ~ avery' ~n~anpt ~u~on~rxct x~. r~quiri~ ~t t~ contractor ~1! taka ~u'ch . -- ~ction a~ t~-~v'g~cnt may direct a~ a m=au~ znforc~ ~uch provisions. (Sou-cc: i/~ Y~ing ~rcc~nt ~. 6) 3. !~E_DE.~AL ~-~OR-DIHC kEQUi.~_~R'TS /_~ ~_l!. coutr,c[~ for con,true=ion in =xcc=: of $]00,000, contractor h~!! prov!dc-at !-~:t r._h¢ min/: ~u~_ ~onding requ_Irc=~n:~ a= follo~: · -. ~-bi~ £u~r~n~zt-equ~iYal=au r.o f!vc p~rcmnr of thc ~id price. · 'nc 'hid £u-~r~ntca-" ~F~.!i con~i~t of a flr~ co-=~it~cnt xuch a~ ~. ~id bond, certified A cci, or other negotiaB!a in~t:n--~nt acc~---p~nyin~ * bid ax a~xurancc t hzt thc Iddcr ~.II, upon acccpc~-r~cc of ki, bid, execute ruah con[r~cuu_xl doc u~_cnc~ ag -~I i>c ~-~qu/rcd --itb_in th~ ti~ ,p~cificd. thc · ,.% '00 I>crctnt of thc contract pri¢~. ~ rfo~'ancc bond i~ one ~x~ut=d in - ...... · ,.~_n ~ ~ ~-": ' :"'"~ ' '~of' ~1'1 thc contr~ct°r"~'°bliga- .. · .... m. A F-~7~:cnt t>~ -on thc ~rt of thc .c_ontr~tor for 100 p~rccnt ['[ '' ' ' .... d in co=n~ction wlth'~, con-- thc contr~ct.~ric~' A "~cnt ~" is one t~acotc ir,ct to x~xurc F.a~__cn~ x~ rcquirad by l~w of ~11 p~r~°~-~ ~upplyfug l~%or ~-=ri~l in thc =x=cution of thc wor~ proviHcd for in thc coutr~ct. (Sourca: .. :cc'- ~i ~_~_~g,_=~_-t Circu!'-r 7~-7 Appendix B) · .. gncd for ra=idcntizl u~e for 1¢~ th~n aight fzui!i¢~, umdcr court&ets in ~xcc~S of $2,000 for the coz~[ructiou, prosecution, ccrm_pletion or . . r=r~ir or zny bu_i!ding or work fi~nccd' in vho!~ 6r in part wi h ~sl~t~nca provided : ~9 ~-.l pzrt~ 3 (Co?~!~nd j_ct), ; - - · thzt-if wz~ " ~ ~ ~ourn~)~n' ' provided, ~=d the ratio o..f aPFr~mticc~ ~nd trai~e~ to ~ r~t='~' ~gh=r t~n tho~c r=qu~cd ~r ~u~h rcgu~tion~ ~r= impo I - ~ ~ - dcd 'o roi~=v= 2h~ contractor of itg ob g ':: !oczl l~u, no~hing h~r=u~r ~s - .~ ~c 'can~r~ator zh~ll c~u~ or ", ~ ~ any, uo require ~cnu of thc zion, -- . =R~rc to b* in~c~:cd ~n full, in A!i ~ch - ' - ~K 5.5 7rovi~ions ~ccting thc r~quirc~nt~ of Yc6cr~ ~bor S~a~rd ~vi~ion 29 .. ~, for ~uch coutrzct= in z~cc~ of s LO ~0 29 ~R 5!.3" (~urc=' ~CD 7uudir. g' ' , -; ~ ~. t.~ctor, In mmv act~-~ty d rca% 7 or -. u~c- th!~ Co=tr~c , ~ .... ~c~s (~b. t. 58-352) u-_der this Contract' ~h~l! cc~_ply with ~LrD rcquirc=¢nt~ p~rtaining to such nontr,-ct~ o. x._.~_ th-__..x..=p!icxhla-r=qu_irc=cnt~ of thc rcgul&tion~ of the LXc rtmcn~ of Lzbor"und¢ (D~vi~-E-~con Act), Xo¥crning fha F-a;-'-'-n~ o£ wzg~m- Ln~ thc-r~ulxtion~ i~ucd F~r~'~nt :hcrgto (24 ~-I 7ar: l), ~ch providc~ t~t orilin, ~ ~xcI~d~d fr~ ~rtici~tton in, bc d~ni~d rE= ~ncfit~ of, or bc othcr- ~= ~b.j=cted~"to di~cr~i~tion u~cr ~ny program or activity for whigh thc con- · . tractor r~c~iva~:.Fedcr~l~fi~nci~t.~i~tznc~ ~ ~!! i~di~t~ly t~k~ any . ~c~urc~ nacc~ry to gffcct~le-t~ ~ur~nc~. if ~Y r~l pro~rty or ' ~ i~ thereon i~ provid.cd, or i=Frovcd ~th ibc ~i~ cf F~d~r~ .,~nc 1 ~ =mtcnd=d [o thc applicant, t~=.~ur~nca ~!! obiig~'= thc ~pplic~nt, or in ~ of ~y transfer of ~u~h property, ~ny tr~-~fcrc=, for ~hc ~riod during vl~ch thc rc~l pro~r~y or ,t~cturc i~ u~d for ~ purpo~- nj-' ~ich the Federal a~i~t~ncc' i~. t=tc~cd, or for ~noth~r purpo~= involving th~ provision of ~i-~!ar b. T'itic Viii of =he Civil l_ight~ A~- of 1968 (Pub., L. 9~284), . . m~ mmcndcd, m~ini~.tcring' ~ progrm=~ mhd ~ctivitic~ -c!mting. to Eou~ing m~ . ~,~n~ty'~lop~nt in ~ ~n~r to afflictively fur:her f~ir ~u~ing. in th~ -. - ~ZlC~ .. ' .... .~. '. . ' c.. ~ction 109 of ~h~ Eo~!:~ ~--~ ~u~ty ~v:lop=~-~ '~ o'f l~T&, mhd th:-regu!~ion~"i~d ~r~it thcrg:o (2~ ~-K P~r= 570.601), which provid:~ 't~t ~ ~r~on in t~ ~t:d S:~:c~ ~11 on thc grou~ o~ r~cc, color, ~io~i..origin,' or ~c=, ~ zxc!udc8 fro.- ~r:~ci~t'~-- ~, bm dcmi:d thc bcncfi~ .... of, c~ ~ zubjcctcd, to disorient!on ~cr, any Frogrz= or ~tivity f~dcd in . uu_~ ~ pro - ~-_=~ie or in' p~r~ with ~ ~ vide~ ~__~er thc :~r[ ~. ._~_~cu~Iv= O~cr 11063 o= zRu-~! cpport --u~-lt.I in housing ~nd noudl~cri=in-a~ion in thc ~a!e or rental of !~u:ing bu.i': w~_th Tcgcral a:~l:gzncc- 570.307 ('' ')] 6. .~O.W--ih.-TE-_?~S? OS PUEL!C --~-M?LC-~5'2S County of 0r~ngc' or' it~. dc.,lg-ncaz.'or zgcnt~.,- no..mc--bcr, of'.thc Xcrvcr-~-ln& .~oSy of , thc Ioc~lity in ~ich ~' progr~ i~-~lt~tc~ ~nd mo other-~blic o~ficia! loc~litlt~ who txcrci~c. ~ny f~ctlon~ or rc~pon~lbilitl~ ~th r~ct to thc pro- :r~ during ~ t~nur~-.°r-f'°'r' ~'fcT~~h~r'~'f'~,' ,'h'~ll ~v~ ~uY i=~cfc'~ or i~ircct tn ~ny contrzct or ~u~ontr~ct or-th~ ~rocccd; thc'rco¢ or h~ ~rfo~cd in co==cc ion ~,th thc program ~i~ted under t~s contr~c~ ~ ~Sourcc . ~s contract i~ ~u~Jcct to th= rcquircz=n%~ of thc ' DD~z~t~r ~otcc[ion ~t of 1973 (P. L. ~23&). ~o ?~rtion of thc ~ ~dcr t~ ~ntrxct is ~prov=d for ~cqu~sltion or con~truct'o= f~fin=d ~der S~ction 3(=5 of ~zld j. ct, for u~c in ~n arcm id~n~ifi=d ~cr~t~ry ~ ~vi~g ~p~ci~'! f~ood ~=~rd= ~ch i~ located in ~ c~u=Ity ~' then i= ~plianc~"vith the req~rcn~mt~ for rtici~tion in thc ~tio~! flood in~u~anc~ ' . ...... --z~r~=. to._ ~=tion[~m!(d) of ,aid ~t: ~d th~ u~= of ~ny ~i~-~n:~ pro- . ~_f=d ~cr t~ ~ntr~ct fo~ ~uch acquisition or contraction ~' ~uch ~d~m if!ed ~ .. · . ~r~z~ i~ c~~tic~ then ~rtici~ting in th~ ~tio~! flood in~urznc= ~i~!l ~ ~ubJ~ct ~o th~ mznd~tor7 ~archaic of flood in~uranc=-r~q~rcm~nt~ . --. . A3, h'o. Al, 570.307(J)] . . . . ~ con~rruc:ion or' r-cb~bi~ ~ ~ ~ id i~ . . -~ - ~.:h a~i~t~=cc ~rovi~cd cr :~ ~n~ract is ~bJ~ct :o th~ ~ ;~tion~, 2~ ~ yArt 35. ~y %rAnt~ or !oAn~ =xg~ for =~ r~bili=a;i=n . . r=bJ=ct to thc provi~io=~ for thc c!i~l~ion of !=~d-~c ~im~ ~:~rf .... ~b~r~ Z cf ,~i~ ~~i~ ~n~ ~ ~ - . ' - 5-]6 E~(ZD ]~in~ Agre~nt Ko 5 ~ 2~ ~. r~rt 25) 9.. ~CCESSI~ILI~/US~ILI~ O~ FACiLIYIES ~t~ IUI~I~ YOK . . ~.~Y~r t~ Y~r~l ~loch Cr~: Frogr~m ~o ~=~!y ~_th the "~eric~n S~ndzrd S~ciflc~tions for P~!~ B~idizg~ ~J Yzci'!tic~ ~cqssible to, ~nd U~abla by, th= PhT~lc~lly ~ndi~p~.d," ~bor ~-117.!-1 197], ;ubjcct to the =xco~tiozs _ containod ~ 41 ~R ]01Jl~.60C. ~c contr, z~tor ~.!1 bo rc;pon~lb!o for c~plianco ~th thc;o.;~cificztion~. ~nd to.ln;uro c~:ii~co by every ;u~ontrzctor. [Source' ~.R. Vol. ~3, No.. ~], Pzr~ 570.307(K)] !0. ~T L&~D . th~ contractor ~ich ~r~ dir~c:!y ~zcin~nt -o ~ ~cific grznc program for ~h~ , . ~rpo;o of ~king-au~m, ~~tion, m~corF'; ~ ~rzn~cription~. [~urco' - --. ~ wori to ~ ~rfo~od ~=r t~; contrzc~ i; on ~ ?rojcct ~i~tcd ~r ~ progra= ~rovidi~ direct ~aff=r~! fi~ncizl ~i~t~ncc fro~ thc ~rt~t of Eousing ~d Urba=. ~vc!o~n~ ~ i~ ~ubjccc [o t~ rcq~rc~nc~ of . . ~ctlon 3 of thc Eou~g a~ ~ban ~vc!o~c-- ~t of 1968, a~ ~c~ ]2 U.5.C. , 170lu. ~ction 3 rcq~rcx ~[ ~o t~ [rax~c~t ~cnt f~iblc opportunici=~ for . training a~ ~plo~cn~ ~ Ii~cn lo~=r inc~c ra~id~n~ of thc project ~rc~ ~nd , , · . La'... %'b~. contr~ctor..vi!i acrnply with ~b_c provi~ion, of .. ~cti~ 3 ~d thc rcgulation~ i~ucd pur~nt thcrcto by thc ~crct~ry o ~ Urban ~va!op~nt ~t forth in. 2& ~M 135, and all app~cablc ~!~, a~ orders of t~ ~rt~nt i~ucd uhcrcu~cr prior to thc ~zccution of t~, contr~t. ~aa .. . ~r~ic, ~ t~ coztract c~rtif7 ~ ~grcc- t~t they ,re ur2cr no contr,c~"~! or · : o~hcr' disability ~ich w~d prevent t~m from c~plylng with chc~= r~quirczcut=. b. ~ contractor ~!! ~czd to czch l~bor rc?-c,c-_tztlvc of '~.ori-~-r'--''~ith w~,~ich ha h~ · col!cc%ira karg'~"':~g other aostr~ct or ~cr~t~nding, if ~ny, ~ notice afvi~ir.g t tion or ~:rkcrs' representation'of ~ ~o~it=cnt~ ~d=r th!; ~a~icn 3 c!~u~a " 3 ;~1! ~[ copies' of t~ notice in cos~picuou~ ~cc~ ~vzi!~!c to tnt :ices "~ ~ppt{c~nt~ for ~plo~cnt or trai~ng. a'.. ~. gontr,cto~ ~1~ ina!uda t~ Scc~ion 3 ~ubcontr~ct. for ~ork i~ co,cc[ion ~th thc project ~nd. rill , ~ha zpp~'c~n[' for or recipient'of Tad~rz!_fi~nci~i..~:i~:~:cc, :'~i=-~7~rsTr ...... action pUrz~nt/t°'the ~ubcontraat. u~n finding t~t thc. ~ubcon~rxc i~ c- iola :.~ ~ou of. regu~tions i~zucd by'thc Secretary of Housing au~ Urban ~vc!o~-u[, 2A - . , ~cr 2~ ~K 135 and ~_11 ~t lc~ ~ny ~ubcontr~=t ~c~ thc ~ubcon.rac~= ~-~ ~, ovidcd it' th ~ prali~rY ~t~tc=cnc of ~bi!i~7 .~rz t pr ., ]~ d. ~p~ncc ~th thc ?rov!~io=~ o~ ~ctiou 3, thc rcgu~ion~ i~ucJ -~crc.a-~cr prior to ~ ~ccution of t~ co=:-~ct, thc /c~crx~ ~'- nci~ ~tx=:c providc~ to ~hc pro'col, --. '. ~o fulfill thc~c rcqu_lrcmcnt, ~b~ll xubJcct thc applicant or r~clplent, it~ con- ~r~ctor~ and.'~ubcmntr*ctor*, 'It~ ~uccc~or~, and a,~ignn~, to tho,a ,xnc[lona . · ?cci:i~d by thc [rant or !ozn agrccncnt or con%r,~ct through wh/ch Ycdcral x~zi~- · r~ncc i: ?ro.vid~ck,_xad.to ,u~h.~z.nction~ ~ ~rc ~cificd by 2& t-fA !35. (Source' Vol. 35, ,'~o, 203, 2& ~ 135.20) 12. A_FFIP~W_ATIVE ACTION A_\-D EqUJ~- OPPO?.ib~!.,'-Y .R-iQUI?--r~.'--)TTS l~ ......... t; as prescribed as in &l CYK ?~rt 60-4 inclusive. or ~:o!ic~nt for',--~plo~cnt t>~c~u~e of' r~ce, color, religion, ,cx or n~tiop-al . . crilin. ~--b._- contractor ~-il! ~p~.=7=d z. nd tha~ c-=-?loyc~s ara treated during a-_?!oym~nt, v~ithout r¢-ggrd to ~heir r~ce, color, rc!igion,.~x or n~tionml origin. So ~ction ,hall. include, bun not '~a 2_ir. ired to th=' following: I_n-~p!oym_cnt, u?grading, do-_or!on' or transfer, re- · o · cru"-_-~.n[ or recruit_--'-n~' calve'rtl;lng, iaTof: oz-:er=_in~tion, ratc.s,of_-F-a7 or-other · · fo.---_; of co--_p~nsa~ion; ~ud ~¢!ection for tr~iuing, including ~ppr~ntica;,h-ip. fcr-~ the provi~ion~ of thi~ nondi:criminz[ion cl~usc. b. %-ho contractor v-ill, in'all ~olicitation= or advert!~cmcnt$ .... · . for cr--?!oye~ plxced by or on t>~hzlf of the contrzc[or, xtate-that all. qualified A=C'Ic~r~'.Z will r~c=iv= consideration for ~ploy-_=n~ ~ithout r~g~rd ~o rxc=, color.. · . r=!'gic~- ~a~ or r-~%io~--z~ origin c. ~--hc ccrntr~ctor will ~cnd to tach !~bor ~__ion or rcprc;cfftariVe ~Ich hc b.~; ~ collective b~rgzir, i=g agre...-_cnt or other ccn[racr notice to t>c provided by tb-c i>c?~r:m-~nt'~ c:ntr~cring of~_cer, o. --~_cr ~=c[lou 20l of. v_~=cuti~-= Ord=~- 111&6 of S~pt=u%ar' 2&, .I965, ~6. ~11 ~s[' ~pic, of' thc no,iS= In con,p'cuou" P ~cc,. avAll~bi~ [o ~P :or ~plo7=cn~' d. ~.'-h¢ coz''ic:°r rill co=~lY ~ith ill ?rovisions. of L~ccutive · 5-rdcr 112~6 of Sc}t=--_L-~_r il, '~65, ~n6 of the ~al~:, rcgulitions ~nd rtl=v~-t ~. !-h'- cc-'-~ctor ~rill fu~i~h ~1t info,etlon xnd rcportg ..... ~,'-~ bT ~ccutiwc ~=r ~!7t6 of Sop=Cuber 2&, 1965, ~nd by [ha ~!c~, r- -- - -i~n~ ~nd order: of ~hc Sccr='zr7 of ~%er, cr pur~n% th~rc o, ~ccc~ to ~ boo~, r~czr~; xzd ~cco-~ by t~ ~rtmcn~ xzd the Secretary of ~ - for purposa~ cf i~-=~tlgation to a:ccrt~in c~pliancc ~[h ~uch ru!as, rc'gu!xtionz ~nd orEcr;- f. ~_n th-- ewcnt mf thc' contractor'~ non-co=?li=nce ~th thz . . ncn6i~crimi~ti°n c!~u~ c: t~:-contract or ~th any of ~uch ~!a~, ragu!zt~°ns . or or~er~, thi~ con~ract nz~ ~ c~ncc!~d, tc~inzt~d or ~u~p~nd~6 in ~o!e or in ~rc ~n6 ~h~'contracto~'~zY 5~ d~aiarc6'lua!ig~: rot zur hc~.~v=..__.z.z% . in ~ccordancc ~h proc-- r¢~ ~u%horizc6 in ~¢cutivc ~d~r 112~6 of 5cpt&mb~r - -- -.- ~ or order of ~cu[ivc ~dar !!2'~6 o= Sayt~zS~'r 2& , 1965, or'by rule, r_gu~. t on ~hc S~cratarY of ~bor cr ~; oth~'iza provi~=d by la'~. g. ~ ::n%-~tor ~!! lzc!uda ,!l the provi~ion~ of ~r~-- ~r~p~ (x) through (g) in tv~ry ~ubcontrac~ or purchase order u~c~s cxcz2 ~I ~!~, r=gu~icz~ or =r!~r~ of u~ Sacr=t~rY of ~bor i~u~d ~r~ut ~o . .lion 20& cf ~ccuuivc CrJcr 11246 of ~[c=bcr 7~, 1065, ~o t~t ~uch ~_!! ~ bindlzg u7cz ,~ch ,u~on~rxctor or ~=ndor. ~c con,fActor viii ~c%ion ~th rc~c' to a-.' ,ubconzr~c% or ~rcha~c orEcr a~ ~h~ ~r~ncn~ ch rovi,'cm~ ~ncluding ~anc-io~= for ncn- or l~ thra~tcncd.'~ith' litigation with m ~ut>contr~ctor or ~nJor · . ... ,~ch dire~tion"'~I~h~ t~p~rtx~nr.,:.the con.tractor ~y reque~t- · ,nter into ~uch lit~ig~tion to protect thc-int=rc~t~ of thc Ih~itcd. · urc~: ~cutivw Ord=r I12~6, Subp~rr B ~cction 202) · · 13. HO.W-Ih-fEY. EST O!' CZITAI~ ~DE.KAL O~ICI_ALS Ko ~¢mt>cr or Lxclcg~tc to thc Congr~ of thc Unitcd St~tc~ ~nd no I~idcnt C~--__i,~fonar ~h~ll t>c a~-~ittcd to =n7 ,h~rc or part of this contract' or to ~n7 ~ncfit to ~ri,¢ from thc ,-~_c. (Source: E/CD - 1~ · DI~ I.WITIO.~S Throughout thc~c Specie! t>rovl~icn~ thc ; t~.t mcmnir~g given, by thc act, ~cgu!,tion,. ~_~¢cutiv='Ordcr Circudi~r, mgrcc=cnt, or r-ulc cited herein ~ thc ~ourcc for the ~ction in w~.ich thc word a?pizrg. (Source:' Or~ng~ County . . ~' O?~OR~I~, E~EC~IVE' O~ER'li2~6- ' .' For ~1! ~ca-Kxe-:= and Federall)'-Assl~ted ~nstruc~ton ~ntr~cts, 'he' fol!o~'ing n'o't!cw ~h~l! be--inc!uded .in, .a nd .. ~ hal-1- 5or offer, ~nd bi'd~, on z!l Tc~:rzl ~nd Federally-assisted conzuruction contracts or subcontracts ~ NOTZC'Z- TO Ei],D-2?.S . C.._-??r~u.nity Clause" zr.i t"z "_::z.-.gard F=dera! Eeuz2 r---plo.%-nar, t Oppo.-~"---.ity C.-~truction Contracr 5~eci~i:at~°ng'' ~t forth her=in. b. '~-y;e gO&:S aP.~ timetables for =inorlty and f~-~a!a partici-.~z:'ion, e_x-res'sed in p~rcentage ta-~ for-.the_ C. ontr&ctor's *ggrega.te''~°rk'f°rce ~n.each trade· .. . -. :.n al! construction -~ork in :'.-.e covered areas are a~ sec. forth in EXZRIBIT 5-2 Los.. · .. /_-.ge!cs Cou.-nty, C~!ifor.ni~- _-i:esc goalz'ar~ applicable' to all thc C. on[ractor'~ · construction york v-berber or mo~ i~ is-/edera! or-.rederaliy a~sisted, parror-d-ed · . In t .b-_ covered ~ork a, The Cor.:raetcr's c.~-_o!iance ~.-ith tbs Executive' Order and t,~,e regu!;tion~ .... i.n &! CT.-.=. Part 60-~ ah_.!! 'me ':astd on it; inp!~-entatton of thc C;;use, specific affi.;_ztl;'e action obligations required by rna ~7>ecificzti°n~ · se' for[h in &l CF.-'. 60-'-.5(z), ar.d its effort~ ro-_cet the-goals established for the g-_ographiczl xr-.z ~-b..er=' ~b_- c=.~trzct resulting' fro= tb_i~ ~olici~atiom p=r~or~_cd ~,e hours cr -_i.-.:-~ty ~nd f~-a~c c-_plown-ent and training ~u~t.b¢' . .-~[~ntl~!17 un!fo---'- '.h.-c,-'g~'=-u~ ~,~: length of tN: contrzc:, ~nd in each trade, ~nd '..c czntrzc:or ~h~!! =z'~= · good f_-ith effor~ ~o ~ploy -_inoriti~, ~ -- qr.-. '-z.-.sfz~ o~ =,nor~uy or ~c-z_lc c=;ioyc--~ or :'.-~_ Cont-actor :c C. oz--~c'z- or from project :o ?rojcc- for t'hc-zoic ?ur.>o~c of _ __- ~ ~._=. ,~ ?. 'C_~,,._C- C~ -~'~_ C_Or, ."'-C , C-rdcr and thc regulation~ in 41 CYK Part 60-4. Co=pliAnce with tb~ goal, vll] bc -_¢~xurcd against thc total work bour~ pcrforncd. " . · · . f .- c. ~-hc- Contractor- ~hall provide -wr-i-~en notification to tb~c ~., Director of thn Office of ¥¢der~l ContrAct Compliance Program~ and U.S. of Ecu~ing a.n.d. Urban :D~vcloF~.c~nt (F. cgion~..1 0~. fi.c..c.) within 10 working ... of ~ny construction'~ubc'ontract in ~_xces~ of $10,000 xt ~any cicr for construction work under nh~ contract rc~ulting from th_i~ ~olicitztion. ~-hc notification ~b_all thc nzue, ~d~rcss, ~nd ~lc?hone nuunbcr of thc ~bcontrac~or, Idcn~-ifica~ion n,-~ber, c~timated dollar amomnt of thn ~ubcontrAct, e$[lmatad ~zr~ing and c~=-pt=tion dates of thc xubcontract, and thc geographical area in vhfch contract is to be perfo~_d.. d. J~s used in th/$ ,%'otice and in tb~ contract, resulting from -,~i~ ~olicitation, the "covered area" i~ SnAre of California, County of Orar~e. 2. S'rA_k'-D~'_RD }-EDE.~IZ EQUAL E.w3LOY,W~_-h'F OPPOR.,--U.~Ii-Y CONSYRUC!ION -. fO.~--., .R_!,C-f-. SPEC!FICA'lIONS.' '(EXECUTIVE' OR_DER ] ] 2~6 ) · a. A_~ used in r_b~sc si>ec±ficationg- "Covered zrcA =¢an~-the geogrzphicz! ira_- described in r:'~- ciicitation from ~ic~. tb_i~ contract re~ulted; "Director" means Director, Off!cc of ?cderal Contract - c~'-p!ianc-_ Program., United Statc~ D¢?ar[mcn~ of Labor, or-any person to who= ,r~ctor delegates, authori[y; "E-uployer identification nu~-ber" meanz thc Tcderal Social ccurity nu~-ber' u~ed. on the Emp!oyer'~. Quarterly Ycdcr~_l - -~a_x K~turn, U.S. -cz~ury DcF. artu~nt Form_ ~&]. "M2nority" includes' (i) Black (all ~>cr~on~ having origin~ in. ~ny of [b~c Bl&ci '-Lean r~cia! groupa mot of Hispanic origin); -. (il) Ei~nic (~!1 ~r~on~ cf ~exic~, ~crro ~c~n, E-23 Oo~ ban, C~ntral or South Ancriczn or other SPan~sh Culture.or' origin', ~ . - o f rac~ i '" ~ - (iii) Asian ~nd 'pat! fa I~!~ndcr (all ~r~on~ having origins - in any of thc original pcop!c~ of thc T~r ~, Southeast A~, t~' I~{an ~ub- .. . contir, cnt, or tb~ p~cific I~l~n~); . (iv) ~crlc~n tndlZu or ~~s'~n ~tivc (~11 pcr~on~ having orlgin5 in ~n)' of thc or!ginz! peoples o; 5orSh .~crica ~nd =cint~ining !dcnt~ f~a~ia ~c-~hio ~nd ~r[ici~tion or c~n. itY ~dcnti~{ca ion) . - -- ~ lvin ~ny con~ - ; contrzc~ = MorulOn o~ thc york ir. vo g " 000 thc pr~.islon~ of ~s~ - . . . . ~ ~, .~ys~caliy iuclu~ in ~h ~ubcon'racu ~" ~c~sS of - - ab!c g~l~ for uinoriuy ~ ~ ~ci~ic~ions ~na tha Scala= u+.ich contzin~ ~ ~p°lic . . . · . . .~ '. ~ , . ' · [rac5 rasultad- . &l CrA 60~'5) _= CO~ · -~ iJ · '. rtucnt of L~bor' in -n=-cov'arcd- . . . . ~- ' =ithcr in~ivii~llY or t~ough an ~ssociz~ion, it~ affi~z~iv¢ ~a~io~ obl~g on ~! ~rk i= t~ PlzD. ~r~ (including go=!J ~n~ t~t~b!~) 'Y~!~ . ... ~cccr~znc= ~it.h ~b~t Plan for thos~ tr~g~s v-hich have union~ ?ar:~c~ting . . ~% vith %~ provision~ of an7 such E~cto~m ?l~n. ~ch ~z[ractor or Subcoztrac%or ~% partici~tiz~ In ~= zpprcvc6 p!~n i~ ic~ivi~u~i!7 raquir~d to c~ply . . ob-iig~ions un~=r t~ EEO c! , goal ur~=r t~' =!~" in each tra~c in vhich i~ b~ - v athcr ~ntr~ctor' or SuScont. r~ctor~ to~rd agc~! In ~n aP?rcvc6 F~zn ~ ~'~ go~ ~ bconcr~c tar · 2~1~ docs r.~c excuse ~n7 ccvcr~ ~xcr~ccor ~ or ,, hi -~ ?~-n goals ~nd [Lc:rabies- ~ .. . -- ~ perc=ntag~ o£ th~ to~&l hour~ of emplo)-a~at znd training of =inorl~. ~nd . o~lli~tIo~ ~hieh thc. ~ntractor-~uld rc~on~ly ~ ~blc ~o ~chicv~ in each con- · troc~ion tra~c in'~ich it ~ ~mploy~c~ in t~ covered ~r=a. ~= ~n'ractor ~cctc~ to mak~ ~ub~antially ~ifo~ progr~ t~'~rd its goals In ccc'~ craf~ ~- ~ci~r t~ provl~ion~ of ~n)' collective bargaining no~ thc failure by a ~ion ~th ~ [he ~ntr~ctor ~; a ~l!cc'iva bar~ainip~ obligations u~er these ~pecificztions, Exccutiva Or~cr 112&6, or thc r~u!aulona-' promu!gztc~ purs~n t ~t~nSzrd~ provided in paragraph;, g.(i) through g(x-vi) of · . _ goal~ ~et forth in_the ~olicitation frcrm. ~hich'thia contract result'ed xre expressed tr-.inees to be. counted in.::e~ting thc goals, =uch apprentices and [rainee~.~-us[ be z=pl'oy~d b~ t~ ~ntractor_ d~ing.[~ training period;' and the ~n[rzctc- · . their trzining, subj.ec~ to ~ aw~ilzbi!i[y' of ampio~an[ opportunities. -- ~u~t be [rzin~d pur~n[ ~o ~raini~g progr~ approved by t~ U.S. ~par~nt of'- _. .. --. f.. In. order for t,he_ non~ork_ing training hours of appr--ntlce_~' a-nd' g- %'he Con~.ractor zhall take :~-c~fic af:~ ~ : =~gur~ =qugX ~plo~n[ oppor~i~y. ~a~ ~v~!~r!on of thc ~n~rac~or'~ c~plianc~ . fr~- i~ action~.. ~c"~n[ractor- Jhz!!.E~an% tbg~c. =fforts fully *nd- ~hall ~rzas~[, intimidation, and coercion at ~i! ~Itc~, and 'n~l, 1 ,p~aificL_lly an,ufa tP. at ~11 forcuan,~ ~upcrln[¢ndant~, And o[~r' on-~i~= ~ ~' ~ obli A[ion ~o up~i~ory pcr~o~nc! ~rc. ~uar= of an6 c~rr)' out thc ~ntr~cto g =zintain'~uch a uor~ng =nviror~cn[, ~ith ~.~cific.,zt~an[lon to minority or fc~i!t ,. - ,n~ividual~ ~rking a~ ~uch' ~itc= or'in ~uch facilities- (ii) E~tab!i~h ~nd =alntain ~ curr~n[ list of mLnority and :~.~c rccruit=c-t ~urccs, pr~'idc ~ittcn notification to nincrity and ~a~c -ccr~tu~t xo~ccs mhd to c~'~nitY organi:~tions ~+,cn t~ ~ntrlctor or i~s -~.icns ~','c ~pic~ant op~rt~.itics ~vai!~blc, ~nd ~lu~iin a -:ccvJ c= ~' (iii) Mainr.~,in ~ cu_rrc:'.t fi!~ of cb~ :~-_¢s, ~ddrCs - ~-- ?ho:~ =u~_b~rs of tach minority .. . ' or fg=~= raf~rral from If such individual " ' ' ' n ~th r~Pcot r°~ c~ch ~uch ~ividua~ ~f ~t action ~ . . ~ ~cn% to t~. ~ion b!rin~ ~11 for referral ~ntr~ctor' ~=h=- ~io~ o~, if r~fkrr~, . . -.. ~11 be d~~[cd ~ t~ file ~th t~ reason t~zrcfor, ~1o~ ~i h ~atcvcr ._- adgition~! action~ ~hc. (iv) Yrovi~c . .--. . ~ntractor ~ ~ col!cctiv=' bargzinip~ ~+,c= thc ~iom or ~ion~ ~th vhich k~- .. . r · minority p~rson or v~ ~n[ by agrec=~[ ~ no~ ,c~crr~ ~o t~ ~ntracto ' ~ion referral ha' 'ha ~=tractor ~m other inF°~ti°n t~t th~ t ~ntr~ctor or ~cn ' io~g - . . ' - ~ = cs~lY Iht!uric ~knoritic~ ~cd ~~, t-aiming prog~a=~ for t~ ~rc~ ~ic.. ~ pr , ~ ~_= upgrz~izg progr~ ~nd ~ppccnticc~hip ,nd ira!nc= progr~s rclcvzr-[ to thc (vi) Dis~c=in~tc th~ Contractor'~ EEO policy by providing · ic'c'of th~ policy to ~ion~ . training p~ogr~=~ ~nd r~q~,ting.t~ir . . ~r,tion in ~i,ting t~ ~ntractor in .coting it~ EEO obl~gation~, Y , . luding i~ 'in ~ny-~olicy =~n~l ~n'd coil=afire b~rgaining xgrc~cn[, by lit!zing it in ti'~ c~ny nc~~r, xnn~l rc~rt, ~tc; by ~-~cific review . thc policy ~%th x!l =~nzg~=nt pcr~onnel ~nd ~ith gll mino.,ity ar.~ f~zla ;!oTc=s a~ l~s[ cncc ~ 7car; and by posting thc c~ny EEO policy .on . :tctin bc~rgs ~cccs~Iblc to ~! ~p!oy~s zt' =ach l~tlon ~'herc construction -'r,. ±s p--~rfo~'''-e~'. ; ('vii) F~vi~'-' a~ lcast ~nnu-~!!y th~ cc~-7-anY's EEO policy _ j affi~ativ~ ac-ion o~igation$ under th~s~ ~p~ci(iczti°ns ~_th ~!1 cnploy~es ~ hi ' ssige~an~ l~yoff tc~na~ion or other ~mploy- v~g ~ny rasoons~b~ t for ring, a , , hi.decisions, ~c!uding ~pacific rcviau of thas~ it~g ~th ongit~' sup~isory - r~onna! ~uch ~s 5upa~ntandante, General Forantn,. a~c., prior no t~ initiation construction ~ork mt any Job ~ita. A ~ittan racord, shall ba =fda and maintained antifying t'hc ti=a and piacc of:[~sa =~e[ing~',.pcrtons act=haling-, . . . . - ~cu~s~, xnd dis>osition~ of' tha zubjact ...... (viii) D~s~nLnat~ ~ Contractor' LEO policy cx~arna!!y by _.. ' --. ~c!udi~ it i= any adv=rtising i'n fha nav~ m~dlz:, ~p~cificzl!y iocluding 'd ~=~e n~v~ =~ia mhd providing ~i[tcn notification ~o and , . )a r ~tor'~ EEO '~!'ic~ ~th other ~ntractors a~ Subcontractora ~th vhom the (ir.') Dircct. it~ re.aru/.t=¢nt ~ffort~, Both orxl and vritt~n, ~o · :norlty, f~___a!¢ xnd c~_.nu-nity orgzni~-ations', to ~choo!~ vith-_imority and f~na!c -udcnt~ ani to ml-uorit7 and fa--&la recruit--ant ~nd trait, lng org~ni--z[ion~ =crYing . - nc Con[rac:or'~ -=crult--=nt araa and ~p!oy=~nt needs. Hot latar tk--'n out -onth -lc.- to t~ data :CT ~?~ aCCC?t&ncc of app!ication~ for apprcntic=~hip or onkar ~ ~ ~r ~,'_z!! -~end ~-r~ ~ tan no[if~cat~°'~- _ -- ~ I orgznizxtiOn;' ~uc ~s thc .ho'ye, de;cribing tbg oT>enin§~, ~creening procedures · .nd test~ to be' u~ in the ~lection proce.~- ] ' (x) Encourage present minority ~nd fe=~le-e=ployees to recrui~ . . . and ~en d, ~here re~on~b!e, pr~ide ~fttr ~chool ~=her ~i~rity per~on~ . . . ~d v.c~tion e=plo)~n= to =~or!ty ~nd feaze 7onth both on t~ ~ite ~nd in o~her =::a~ of - ~ntrzctor'x' ~'ork force. (~) Validate x~ tests ir.d o'har ~e!cct~on rcquirczcnts ~,ere (xii) ~nd~: ~t least ~un~!!y, ~n iuvcotO.Y ~n~ e , - for ~otion~l z[,,!~as~ of ~1! =<-critY ~u~ f~ e pe sonn:! through a~propriate -, nccurzgc t~se cuployecs t~ z~k or to pre~rc for, %raini~, etc. , =uch opportunities - ' (xiii) En~ure tsar. ~enlority practices, Job ~assificatio:~, -. ~rk ~szig:ents ~nd other personnel ~racticcs, o ~t ~v: a..d~scr~ina ory . . . . . :f_act by continnily monitoring a%~ ~r~onnal ~nd cnplo~t r~atzd' activities . · . . . .. . . . catiom~ ara being carried ou~. (-~v) Eu~ure t~5 all f~ciiltias ~nd c~ny actiwitie~ are . . -~nscgregate~ ~ccp~ t~t separate or sire!e-user toilet and necessary chang~'~ fac!ii=les sb~ll be provided :o ~;surc privacy bctvt=n t~ ~exes. (~) g~enr and =airitzy" j record of ~1! ,o!icit~rion; of -~r--z for JubcOnZrzc s fro= =~Y'f'f{5 '~ f~ffg~e.-c-onstr~crlon contractors ~upplier;, izc!~ging circul~tio~ of ~o!(cit~t!ons to minority and f~le contrzcgor · -_: tion ob!tga:~c-~' -- [ion; which a~si;[ in. fulfilling· one or more of th. tlr affi~a[ive lotion obliga%lon~ · . through g(x-vi)] ~bovc-. The cffort~ of x. contractor ~Jociation, Joint contractbr-t~-~ion', contr-ctor-cc>m_nunity, or other ainilar group of which t~.c contractor i,' ~- me=her' and participant., nay be ~ssertcd xs fulfilling ,.ny one or' ob!igatiozz under' g(i) through g(~-~-vi) of tb~se Spccificatlon~ provldcd tb~= thc cc-_tractor actlvcly participate~ in thc group, =akez =very effort to ~$ure thc group ha~ ~ positive imy. ac[ on tko cmplo?~ent of minorities and w~_?-~ in tb~ . - i.---;u~try, ensu_~c~ t?-~t thc concrete bcncflt~ of the progrg_~ arc reflected in · Co.ntractor'z minority and fcnz_!c wort~orcc p~r~icip~tion, makes a good 'f~.ith effort l.c --cat' its individual goals and timetab!e~, ~nd can provide access to documentation .. ~'.-'.ich de_non~rrates the.effectiveness of actions taken on be,half of thc Contractor,' i-ne cb!ig~-[ion to cc~ply, ho~'evar, i~ the Contractor'~ ~nd faa_lure of ~uch a group to fulfill an obligation ~11 hOC. b~ m defense for ~ Conirzctor'~ nonc~pliance. . . i. A ~i~lc' goal for minoritic~ and a ~cparatc ~i~!c goals for' -. ~~ ~ve bean cgt~bli~hcd. ~a Con~ractor, hoover, ia rcquir~ to provid~ equal - -. ~oio~cnu-op~r[unity and ~o, ~kc affi~atlvc action, for al! minority group~ , both . =~a and fcm~e, and ali w~cn, both m~ority and non~Lnorluy. ~nscquen~ly~ thc ~=:rac~or ~y bc in violation of thc Executive Or~cr if a particular group is .. c=~!oycJ-in ~. ~ub~tan~ially disparate =~nnar (for cxamolc, cv~ t~ugh u~ Conurac:or ,-~ achieved it~ goal~ for w~cn generally, thc ~ntractor ~y ba in violation of thc Executive ~dcr if a ~cific minority group of woman i~ undcr-u[ilizcd)- J. Thc Con~.r~ctor ,ka!l ~_o~ u~c the goal~ and ti_-¢tablc; or · . . affi:-=-ativm action ~t-~nd~rd~ ~o di~crimJ-na[a ~g~in~t any pcr~on bcczume of race, color, re!it!on, ~=x or r~z[ion~! origin. k. ~--n¢ Contractor zha!l not en~cr into any Subcon[rac~ ~[.~, any ~¢r~on or ~ir~_ debarred ~ro.- Cover.--_cn~ con[rac~ ?ur~ ,u_~n[ to Exccu[~¥c Order 112z'6 !. q-rFc Conzr--czor s,h~ll c~rrI oun ,uch ,znccions and r-'Cna!ales suspension', t~..-mknat!on and :zncclla:tion of txl~ling zubcontrxPti ~ :ay be l:~scd-. ~or ordered pus;%' an~ t to Executive Order 112~6, ~ ~e~e& and it~ iupl~c:,tt~ regulations, by th~ Cffic~ of Federal ~ntract ~mpliance Program. ~ny ~ntractor ~o fAil~ tO c~rry on' ~uch x~nction,. ~nd pcnaltic~ ~hali be in violation of '. ', . ,. thc~c ~cific~tion~ ~nd ~tcutlvc ~d~r 112~6, ~ ~=~d~ =. ~nc ~ntr~ctor, in fulfilling i~ ob!ig,:ion~ under these Director s,hx!! pr'oc¢-~d in accordanc= rich &l CT.~ 60-&.$. · il n. .,--h.c Contr,-ctor sh~ll designate ~ rcs~--onsible offic~l to ~ , .. ==nitor at! ~pio~==' re!at=d ~ct~viry to =n~urc t~t the c~pany EEO policy is ~ing czrri=i =u~-, ~= =u~'- --~r.tm.r=!zting to ~b~ orovisions hereof . . . ' R= ord~ ~h~l~ ~t !czst include for .: r=q6ir=d by'.'t~ G~=r~=nt and to keep records, c :{ -- .- ,. . -- :1, ' ti d , union i ~zch ::p!oy=e' the' na=~, ~ddr=ss, r:!cphona ~ber~, construe on trz ~, ~rfil'iation. ir. ~n)', ~=!oyee. identqfica-~cn. ,_ n~ber.~cn ~igncd, ~ia! ~uriry '] .--. n~r, tact, sen, ~-zcu~ (e.g., mccF~r, ic, ayprcntice, trzinee, he!~r, or I !&borer), dates of than[ts in ~czt~, hour~ vorkcd per reek ~m the indlcz:ed trade, I rate. of ~7, an~ !~z'ien~ at ~ich t~ york v~ p~rfo~. ~cord~ ~ha!! ~lnc~incd ~n ~n cz~i!I undcr~candable:'~nd rctricva~!e fo~; ~wtvcr, to. thc dcgrcc :F~c cxi:ting r~ord~ ~zt!,fy thi= requirement, contractor~ sb~!! not bc -,uircd to ~ntx~=_ _ ~c7~ratc recorda . o. Mcthir. g hcrcim provided ~F2!! bc con,trod ~, ~' !imitation · u~n thc app!ic~'on =f ocher !=~-~ ~-hich cs~ab!ish dlffcrcn: ,t~nd~-d, oz c~P!~anc= ,. _ _ ., -~ ~ o, u~on tb~ ~r~~_'cz ca cf rcquir~mc..~, .or t~ hiring ' ' ~-30 D~velop~nt ~lc~k. CrAnt ProgrAm). - ~ . . .~.p.. ~c notl c' ~c~ forth in 41 CFK'60~ 1%~ t~-~c ficatiom~ forth, in A1 ~ ~-4.3 replace %~ New Fo~ for Federml .. ~port~ity aid ~ndition~ for Federal ~nd Fedcr~ll7 Assisted ~n~truction .. . . published xt 41 ~K 3A382 ~nd c~o~y.~ k~ ~ the H~l Feder~ EEO ~id ~ndition~,' . t~ ~w Fo~ ,hill not be u~ed ~ftcr t~ regulations in A1 CFA Fzr~ 60-4 bec~a effective · Thc Con%ractor'~ xnd Subcontractor'~ attention is directed ¢o S-~cticu L2, "A3~iL~&/iVE AC-F!OX 7~YD EQUAL OPPORib~.'IiY .REQU!.t?~--'.~-75" of these special · provi~ionz · Lath non-~enpt prima contractor or :ubcontractor skal! include equal opportunity clause in each of its non-e~.en?u ~ubcontracts.. ~ . · · _ 4. C,DM~-/-K_kC'TOR5 /=kD SUBCONTR_~CTORS GUIDE FOR ?~EPOR/iNC 'R_EQUi?~_E.~E-iS · . A_!l Contractors ar~ Subcontractors-(over $10,000) gte subject to tbs__ reporting requir~m[z i~zued by-t.~g· Dc-part~-~-nr of !.a. bor (Office of .r-_da'r~! Contract Ccx~p!ian-cc'- ?rogr~-~), ~nd uu~t gu~iz ~. Stznfiard ro~ 257 (Y_onthl~ F_q_p!oy- . ---_ut Utiii:atiou .~_gport) to: OFCCP/ESA U.S. Depart-_~--nt of Labor 34. Civic Cent~r Plaza Suite 701 San[-~ Ama, C~lifornia 92702 b. Each Con~ractor ---u~t 'file · '6'nt~i!y report (5F-257) (rxhibit ~-3) for e~ch "covered are~" in which he' hz~ · Federzi!y-A~i~ted Con~truc~-l°n Contract or Subcontract over $10,OO0. ~ch report far c~ch covered ~re~ =us~ rtl!ccc , ~ thc ~ntrzctor'~ ch[irc vorkforcc In thc particular covered area (for ' covert area Exhibit 5-2). c. ~-%'.,ege rcp~ort= must b¢..=ubuttrey- ~o ~rrive at t.h.c .-.bare agency E-31 . . · d~ Fa'ilurc-to. rc~ort i~..autom~tic cause, to fin~c. Cont'ractor' , ~ · . .n ~c~pli~ncc- X copy of the' S?-257 fo~. i, ~tt~chca (Exhibit 5-3). ~ch report i~.nonitored by' Eb~ ~nd mc~u~ed ~gainst"'t~ "' ' -' ' .. . -o~!,.and ~inct~b!c~ for' thc-particular covered zr~,. ~ specified in thc . ~:ctlcc of KaRuirc=~ (rXHIBIT 5-2)- " · p~ly ...... ~i' ~';" ~ . 'kc ~rt=~ of ~bor (OT'CCP) ~s rul'=d ~ ~=Lrzctors =:d Subcontractors over 51n 000 in othcrv~sa ~u-covcrcd ~r'~a~ ~rc ~p~c~cd ~o ~u~it c~pl~tc minority =~ var utiii~a~io~ III II1 III III 11t III !II 111 II. 1 III III' III / / / /// , /// 5-32 .. .o o · . . ~ ~ 0 U ~ ~ 0 ~  ~ 0 ~ 0 c C ~ E-36 >. -- ._J - U U 6£-~t (ZSZ'33) _L~lOd3~l NOIi~ZI-IILN ~LN3;'IAO-IdW:d A-1H±NO~ DNI-II:::I udO::l S,NOIION~ISNI EXHIBIT 3 ATTACHME~ 16 CURRENT U.S. DEPARTMENT OF LABOR WAGE DECISION General Decision Number CA930002 Superseded General Decision No. CA910002 State: California Constr6ction Type: Building Heavy Highway Residential County(les)- IMPERIAL iNYO KERN LOS ANGELES MONO ORANGE RIVERSIDE SAN BERNARDINO SAN LUIS OBISPO SANTA BARBARA VENTURA BUILDING cONSTRUCTION PROJECTS; HEAVY CONSTRUCTION PROJECTS (does not include oil well drilling in Kern County; does not c' include TV/Grout Work or Water Well Drilling); HIGHWAY and RESIDENTIAL CONSTRUCTION PROJECTS (includes single family homes and apartments up to and including 4 stories) (does not include Inyo and Mono Counties); DREDGING PROJECTS. This wage decision does not include hopper dredge work or the installation of solar energy systems. Modification Number Publication Date 0 02/19/1993 i 03/05/!993 - 2 04/16/1993 3 05/07/1993 4 06/11/1993 5 06/25/1993 6 07/09/1993 7 08/06/1993 8 09/03/1993 SEP 0 3 993 IONS CA930002 - 1 ~0 COUNTY (les) ' IMPERIAL MONO iNYO ORANGE RIVERSIDE KERN .° ~. LOS ANGELES. SAN BERNARDINO SAN LUIS OBISPO SANTA BARBARA VENTURA ASBE0005B 01/01/1993 Rates Fringes IMPERIAL, INYO, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES' INSULATOR/ASBESTOS WORKERS' Insulator/asbestos workers Hazardous material handler 26.31 7.53 10.75 1.75 SCOPE OF WORK' INSULATOR/ASBESTOS WORKER' includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems HAZARDOUS MATERIAL HANDLER' duties limited to- preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems * ASBE0016C 08/01/1993 Rates Fringes MONO COUNTY' INSULATOR/ASBESTOR WORKERS 30.50 5 ..88 SCOPE OF WO?~: includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems --. BOILO092A 07/01/1993 BOILERMAKERS Rates Fringes 26.18 7.79 BRCA0004B 05/01/1991 RIVERSIDE AND SAN BERNA3%D!NO COUNTIES' Rates Fringe~ 0'~ 0 ~ "5 ..~ c~ 0 0 0 0 ~ 0 0 0 0 t~ o ~ o ~ --_j ~n --h o 0 ~ '~D fD ~ tn 0 0 0 t~ (D --h 0 '~ ~ 0 ~ -.~ c- ~-+ r~ 0 0 0 0'~ 0 rO 0 0 r* rD 0 0 r-+ -~ ::~ 0 -,lO 0 :z: ~ .-~ BRICKLAYERS; STONEMASONS; AND MARBLE SETTERS ' Fort ~rwin Army Training' Center; Naval Air Weapons Station, China Lake; and Twenty-nine Palms ° ~arine Base Remainder Of Riverside and San Bernardino Counties . 29.44 23.82 5.30 5.30 BRCA0004C 09/01/1992 Rates LOS ANGELES, ORANGE AND VENTURA COUNTIES' Fringes TER3LAZZO WORKERS AND TILE SETTERS BRCA0004D 11/01/1992 IMPERIAL COUNTY- BRICKLAYERS; STONEMASONS; MARBLE SETTERS 24.99 6.60 Rates Fringes 22.78 5.95 BRCA0004E 07/01/1992 VENTUR2X COUNTY'. Rates Fringes BRICKLAYERS 22.00 6: 13_ BRCA0004F 07/01/1992 Rates SAN LUIS OBISPO AND SANTA BARBARA COUNTIES' Fringes BRICKLAYERS; STONEMASONS; MARBLE, TERRAZZO AND TILE SETTERS 23.60 5.25 BRCA0004G 08/01/!993 INYO,. KERN AND MONO COUNTIES- BRICKLAYERS- STONEMASONS- Rates Fringes CA930002 - 3 Edwards Air Force Base; and Naval Air Weapons Station, China Lake 27.78 5.21 Remainder o~ Inyo and Kern Counties; and Mono County 24.03 5.21 BRCA0004H 05/01/1992 Rates Fringes KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BE~?-~DINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES' MARBLE SETTERS 25.32 6.05 BRCA0004J 09/01/1992 Rates Fringes KERN, .~OS ANGELES, ORANGE, RIVERSIDE, SAN BE~[?-~DINO, SAN LULS OBISPO, SANTA BkRBARA AND VENTURA COUNTIES' MARBLE A_ND TILE FINISHERS BRCA00040 09/01/1992 IMPERIAL COUNTY' 19.27 6.97 Rates Fringes TERRAZZO & TILE SETTERS 24.99 6.60 BRCA0004P 09/01/i992 Rates Fringes INYO, KEP,~. , LOS ANGELES, MONO, ORANGE, RIVERS DE, SAN BERNARDINO,_ SAN LUIS:OBISPO, SANTA.BARBARA AND VENTURA CO~TiES' TER-RAZ ZO WORk'ERS 24.99 6.60 BRCA0004R 10/01/1992 RIVERSIDE AND SAN BERNARDINO COUNTIES' Rates Fringes TILE SETTERS 24.99 5.52 BRCA0004S 09/01/1992 IMPERIAL COUNTY' Rates Fringes TER3L%ZZO AND TILE SETTERS BRCA0004U - 05/01/1993 COUNTY ' 24.99 Rates 6.60 Fringes BRICKLAYERS; STONEMASONS 26.37 6.05 BRCA0004V 11/01/1991 INYO, KERN AND MONO COUNTIES' Rates Fringes TILE SETTERS' .. Edwards Air Force Base; and Naval Air Weapons Station, China Lake Remainder of Inyo, Kern and Mono Counties 20.40 17.40 '3.40 3.40 BRCA0004W 05/01/1992 ORANGE COUNTY' Rates Fringes BRICKLAYERS; STONEMASONS; MARBLE SETTERS BRCA000.7F 08/01/1992 INYO AND MONO coUNTIES. 24.25 Rates 5.10 Fringes MARBLE SETTERS 2.6.. 80 ..... 10.55 CARP0002A 07/01/1993 CARPENTERS ' Work on single family homes & apartments up to and including 4 stories: Framer & finish carpenter Insulation installer shingler Concrete & form worker Rates 17.69 15.50 16.42 18. 17 Fringes 4.80 3 .'55 3.8O 4.80 CA930002 - 5 Residential fence builder Cabinet installer Subterranean garage concrete cons'truction 17.01 18.09 '8.17 4 .80 4 -8O 4.80 Ali ot~ner work- Inyo, Kern and Mono Counties: Carpenters (including drywall lathing), cabinet installer, insulation installer, floor worker and acoustical installer Shingler Saw filer Table power saw operator Pneumatic nailer or power stapler Commercial fence builder Roof loader of shingles (commercial) Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rock slinger Head rock slinger Rock barge or scow 23 .23 -3.36 '3.31 -3.33 ~.48 -1.51 '6.35 23.93 - '.03 --_3.83 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 Remainder of counties- Carpenters, cabinet installer, insulation installer, floor · worker and acoustical installer Shingler SaQ filer Table power saw operator Pneumatic-nailer or power stapler Commercial fence builder Roof loader of shingles (com- mercial) Millwright Pile driver; Derrick barge- Bridge or dock carpenter- Cable splicer; Heav~ framer- Rock slinger Head rock slinger Rock barge or scow 23.80 23.93 23.88 23.90 -..05 -!.51 15.75 -4.30 23.93 24.03 '~3.83 CARP0002B 07/01/1991 .qates 5.10 5 .lO - 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 5.10 Fringes CA93000- - 6 DIVERS ' Diver, wet 52.86 4.40 Diver, stand-by 26.43 4.40 Diver tender 25.43 4.40 NO'~E: ~Divers shall receive a minimum of S hours pay for any day or part thereof. CARP0002C 07/01/1990 DRYWALL INSTALLERS / LATHERS ' Work on single family homes and apartments up to and including 4 stories Ail other work' · CAi~P0003P 08/01/1991 INYO, KERN AND MONO COUNTIES' MARBLE, TERP3%ZZO & TILE FINISHERS' Edwards Air Force Base; and Naval Air Weapons Station, China Lake Remainder of Inyo, Kern and Mono Counties Rates Fringes 18.53 4.23 23.24 4.23 Rates ~ringes 16.78 3.15 13.78 3.15 CARP0011C 06/01/1990 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, S~ BERNARDINO, S~4 LUiS OBICPO, SANTA BARBARA AND VENTURA COUNTIES' MARBLE AND TILE FINISHERS 19.21 6.32 CA/~P01 t 7A 06./01/.19.91 Rates Fringes kqERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUiS OBISPO, SANTA BARBARA AND VENTURA COUNTIES' TERRAZZO FINISHERS 20-98 3.80 * ELEC0011A 06/01/1993 LOS ANGELES COUNTY' Rates Frigges CA930002 - 7 ELECTRICIANS - Work on single family homes and apartments up to and including 4 stories Funnel work- Electrician C~b'l e splicer · !1 other work- Electrician; Traffic signal installer ~ Cable splicer 15.40 3% + 4.11 28.00 3% + 8.69 28.60 3-o °- '+ 8.69 25.45 3% + 8.69 26.05 3% + 8.69 ELEC0011B 08/01/1992 LOS ANGELES COUNTY' Rates Fringes LI:;Z CONSTRUCTION- tine technician ~_ble splicer Ground person · 25.20 3% + 7.94 25 80 3~ . ~ + 7.94 15.12 3% + 7.94 ELEC0011C 12/01/1992 Rates Fringes iN¥O, KERN, LOS ANGELES, MONO, OR32xlGE, RIVERSIDE, S~N' BERNg~RDINO, SAN LUiS OBISPO, SANTA BARBARA AND VENTUtLA COUNTIES' CO~.T.~NICATIONS AND SYSTEMS WORK- Kern, Los Angeles, Orange, San Luis Obispo, Sanna Barbara and Ventura Counties- Cpmmunications & systems installer Communications & systems technician Sound technician (Los .Angeles County only) Alarm technician II (Orange County only) (duties limited to pulling wire to and terminating devices; no~ to install devices that interface wi~h other con- tractors (mounting waterflow, duct detectors, dampers or connecting control panels) i.-.':'o, Mono, Riverside and San Bernardino Counties- Communications & svsEems 16.15 3% + 3.40 17.90 3% + 3.40 18.90 3% + 3.40 13.93 3% + 3.40 o installer Communications & systems technician 16.63 3% + 2.75 18.38 3% + 2.75 SCOP~ OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for coP~ercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory, control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm* and low voltage master clo~k systems. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed sy~-tems; inclusion or exclusion of terminations and testings of.~ conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, line voltage work, and energy management systems. . Does not cover work Derformed at China Lake Naval Ordnance Test Station, Edwards Ai~ Force Base, Elk Hills Naval Petroleum Reserve, Point Arguello and Vandenberg Air Force Base. In the Counties of inyo, Mono, Riverside and San Bernardino, fire alarm work shall be performed at the current inside wireman total cost package. * ELEC0413A 06/01/1993 SANTA BARBARA COUNTY' Rates FTinges ELE CTRI C IANS ' Work on 'single family ~omes and apartments up to and including 4 stories 15.85 3% + 5.10 Ail 'other work- Point Arguello and Vandenberg Air Force Base: Electrical subccnnracts over $50,000: Electricians Electricians, welding Cable splicers o · 28.67 3% + 6.40 29. 17 3% + 6.40 30. 17 3% + 6.40 2A930002 - 9 Electrical subcontracts of $50,000 or less: Electricians Electricians, welding Cable splicers R~m~inder of Santa Barbara County: Electrical subcontracts over $50,000: Electricians Electricians, welding Cable splicers Electrical subcontracts of $50,000 or less: Electricians Electricians, welding Cable splicers 24.9O 25.40 26.40 24.92 25.42 26.42 21.15 21.65 22.65 .2 ELEC04 13B 06/01/1993 SANTA BARBARA COUNTY- Rates LINE CONSTRUCTION- Vandenberg Air Force Base: Line technician; Equipment operator Cable splicer Ground person; Ground person/driver 28.67 30.17 21.50 Remainder of Santa Barbara County- Line technician; Equipment operator Cable splicer Ground person; Ground person/driver 24.92 26.42 18. $9 ELEC0428A KERN COUN~ ~. 06/01/1993 Rates 3% + 6.40 3% + 6.40 3°' + 6 40 'o . 3% + 6.40 3% + 6.40 3% + 6.4O 3% + 6.40 3% + 6.40 3% + 6.40 - Fringes 4% + 6.30 4% + 6.30 6.30 4% + '6.30 4% + 6.30 4% + 6.30 Fringes ELECTRICIANS - Edwards Air Force Base; and Naval Air Weapons Station, China Lake: Work on single family homes and apartments up to and CAe3000~ ~ = - 10 including 4 stories Ail other work' Electrician Cable splicer Remainder of Kern County: Wor~ on single family homes and apartments up to and including 4 stories k!l other work: Electrician Cable splicer 14. 50 27 . 59 29.87 13 .50 22.84 25.12 4.25% +2.60 4.25% +5.15 4.25% +5.15 4.25% +2.60 4.25% +5.15 4.25% +5.15 ELEC0428B 06/01/1993 COUNTY' LINE CONSTRUCTION' Edwards Air Force Base; and Naval Air Weapons Station, China Lake' Ground person/Truck driver Line technician; Heavy equipment operator Cable splicer Rates 21.88 27.59 29-87 Fringes 4% + 5.15- 4% + 5.15 4% + 5.15 Remainder of Kern County' Ground person/Truck driver Line technician; Heavy equipment operator Cable splicer ELEC0~40A 07/05/1993 RIVE_RS IDE COUNTY' 17.13 22.84 25.12 4% + 5.15 4% + 5.15 4% + 5.15 Rates Fringes E LE CTRI CIANS ' Wsrk on single family homes and apartments up to and including 4 s~ories Ail other work: Electricians Cable splicers Electricians, welding ELEC0440B 07/05/1992 14.50 23 .83 24 .33 24.13 3% + 3.16 3% + 6.96 3% + 6.96 3% + 6.96 CA930002 - !! F-50 RIVERSIDE COUNTY- Rates Frinces LINE CONSTRUCTION- Line technician CabLe. splicer Ground person ELEC044 lA 06/01/1993 ORANGE COUNTY' 22.46 22.96 16.85 Rates 4% + 6.61 . 4% + 6.61 4% + {.61 Fringes ELECTRICIANS AND LINE CONSTRUCTION- ELECTRICIANS: .:Work on single family homes and apartments up to and including 4 stories All other work: Electricians Cable splicers LINE CONSTRUCTION: Line technician; Heavy equipment operator Cable splicer Ground person 15.80 25.85 27.04 25.50 26.67 21.79 3% + 1.95 3% + ~.$'0 3% + 5.30 3% + 5.30 3% + 5.S0 ELEC0477A 06/01/1993 Rates INYO, MONO AND SAN BERJ~ARDINO COUNTIES' ELECTRICIANS- Work on single family homes and apartments up to and including 4 stories (San Bernardino County only) 14.5O -tinge - 3% + 3.54 Ail other work- Area within 75 road miles from the Main Post Office in San Bernardino: Electrical contracts over $3,000,000: Electricians Cable splicers 22.29 22.79 3% + 8.'4 Electrician, welding Electrician, tunnel work Electrical contracts $3,000,000 & under: Electricians ~ ~ Cable splicers Electrician, welding Electrician, tunnel work 22.79 24.52 22.03 22.53 22.53 24 .33 3% + 8.14 3% + 8.14 3% + 8.14 3% + 8.14 3% +-8.14 3% + 8.14 Remainder of area: Electrical contracts over $3,000,000: Electricians Cable splicers Electrician, welding Electrician, tunnel work Electrical contracts $3,000,000 and under: Electricians Cable splicers Electrician, welding Electrician, tunnel work ELEC0477B 06/01/1993 INYO, MONO AND SAN BERNARDINO 29.29 29.79 29 .79 31.52 ' 29.03 29.53 29.53 31.33 Rates COUNTIES' 3-% + 8.14 3% + 8.14 3% + 8.14 3 % + .8.14 -- 3'% + 8.14 3% + 8.14 3% + 8.14 3% + 8.14: Fringes LINE CONSTRUCTION' Within 75 road miles from the Main Post office in Sa~ Bernardino, California: Subcontracts under $2,000,000: Line technician Cable splicer; Line technician, welding Ground person Subcontracts over $2,000,000: Line technician Cable splicer; Line technician, welding Ground person Remainder of area' Subconnracts under $2,000,000' 21.85 22.35 16.39 22.14 22.64 16.61 4% + 8.i-0 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 CA93000~ - 13 5-52 Line technician Cable splicer' Line technician, welding Gr6und person Subcontracts over $2,000,000' ,,;Line technician Cable splicer; Line technician, welding Ground person 2S.85 29.35 23.39 29.14 ~'9- 64 23.61 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 4% + 8.10 ELEC0569C 02/01/1993 IMPERIAL COUNTY' Rates Fringes LINE CONSTRUCTION' Commercial overhead line work; Catenary work- Line technician; Heavy equipment operator Ground person Ground person/truck driver Ail other commercial underground line work: Line technician; Heavy equipment operator Ground person; Ground person/truck driver 22.87 1-.60 l' .78 16.27 11.58 4% + 5.12 4% + 5.12 4% + 5.12': 4% + 5.12 4% + 5.12 ELEC0569D 02/01/1993 IMPERIAL COUNTY' Aates Fringes ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories Sound work: Sound technician Telephone interconnect technician Sound person B Utility work: Utility technician #! Utility technician #2 All other work: Electrical subcontracts over .91 !-' .52 !' .84 i--.81 !-.!6~ 3% + 2.57 3% + 3.35 3% + 3.35 3% + 2.76 3% + 1.76 3% +' 1.76 CA930002 - 14 $500,000: Electricians Cable splicers Electrical subcontracts of $500,000 or less: Electricians ~:Cable splicers 23.11 3% + 5.32 23.56 3% + 5.32 20.36 3% + 5.32 20.81 3% -+ 5.32 SCOPE OF WORK- Sound work- Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV cn 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 th~n line voltage or any system acceptabl~ for class two wi-ing~ for private, commercial, or industrial use furnished by leased wire, frequency 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 Sound person B' Wire-pulling, splicing, assembling and installing devices Utility work' Utility technician #1' Installation of street lights and traffic signals, including electrical circuitry, programm~b!e contr611er, 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 job site, installation of'underground ducts for electrical, telephone, cable TV, and communication systems. The setting, leveling, grounding and racking of precast manholes, handhoies and transformer pads. ELEC0639A 06/01/1993 SAN LUIS OBISPO COUNTY' ELECTRICIANS ' Rates Fringes CA930002 - 15 Work on sincle family homes and apartments up to and includi'ng 3 stories 16.00 Ail other work- Electrical' Contracts $60,000 or Less " ,.Electrician 22.00 Cable splicers 24.00 Electrical welders 23.01 Electrical Contracts $60,001 · to $1 5M Electricians 23.50 Cable splicers 25.85 Electrical welders 24.68 Electrical Contracts $1.5M and over Electricians 26.00 Cable Splicers 28.60 Electrical Welders 27.30 .: 3°- 'o + 3.55 3% + 5.90 3% + 5.90 ~o + 5 90 3©. -o +5.90 3% + 5.90 3% + 5.90 3% + 5.90 3% + 5.90 3% + ~.90 ELEC0639B 06/01/1993 SAN LUiS OBISPO COUNTY' Rates Fringes LINE CONSTRUCTION: Line technician; Line truck operator; Line equipment operator Cable splicer Line welder Ground person 23.50 4% + 5.79 25.85 4% + 5.79 24.68 4% + 5.79 17.63 4% + 5.79 ELEC0952A 04/01/1993 · VEN~. COUNTY' .. .. Rates Fringes ELECTRICIANS- Area within 32 road miles from the nearest basing point- Electrician Cable sD!icer 25.40 3% + 6.75 27.94 3%'+ 6.75 Remainder of Ven~ura County- Electrician Cable splicer 30.40 3% + 6.75 32.94 3% + 6.75 Basing points- the main Post Office in the cities of Camarii!o, Oak View, Oxnard, Santa Paula and Ventura. ELEC0952B 04/01/1993 VENTU?~ COUNTY' - LINDE C~NSTRUCTION ' Area within 32 road miles from the nearest basing point: Line technician; Heavy equipment operator Cable splicers Ground person Renainder of Ventura County' Line technician; Heavy equipment operator · Cable splicer Ground person - truck driver Rates Fringes 25.40 4% + 6.65 27.94 4% + 6.65 19.05 4% + 6.65 30.40 4% + 6.65 32.94 4% ~ 6.65 24.05 4% + 6.65 Basing points' the main Post office in the cities of Camarillo Oak View, Oxnard, Santa Paula and Ventura. ' ELECi245A 06/01/1992 OUTSIDE UTILITY TRANSMISSION WOPd<' Line worker; Cable splicer Powder worker Ground person Line worker, 'welding Rates Fringes 24.S8 3.75% +6.00 23.63 3.75% +6.00 16.i0 3.75% +6.00 26.12 3.75% +6.00 Sco?e of Work' Kll_outside work on electrical transmission 'lines, switchyards and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility'companies, municipalities, or governmental agencies. .' _ _ * ELEV0018A 08/26/1993 Rates ELEVATOR CONSTRUCTORS' Elevator constructor mechanics 27.'!3 Elevator constructor helpers 18.99 Elevator constructor helpers (prob) 13.565 Fringes 6.12 + a 6.12 + a Footnote a' EmD!over contributes 8% of basic hourly rate for 5 yeats se_~vice and 6% of basic hourly fane for 6 months to 5 years service, as Vacation Pay Credit. CA930002 - 1T Seven paid holidays- New Year's Day, MemoriaI Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day. ENGI0~ii2F 07/01/1993 Rates Fringes POWER EQUIPMENT OPERATORS: Group 1 21.75 9.50 Group 2 22.53 9.50 Group 3 22.82 9.50 Group 4 22.96 9.50 Group 5 24.06 9.50 Group 6 23.18 9.50 Group 7 24.28 9.50 Group 8 23.29 9.50 Group 9 24.39 9.50 Group 10 23.41 9~50 Group 11 24.51 9.50 Group 12 23.58 9.50 Group 13 23.68 9.50 Group 14 23.71 9.50 Group 15 23.79 9.50 Group 16 23.91 9.50 Group 17 24.08 9.50 Group 18 24.18 9.50 Group 19 24.29 9.50 Group 20 24.41 9.50 Group 21 24.58 9.50 Group 22 24.68 9.50 Group 23 24.79 9.50 Group 24 24.91 9.50 Group 25 25.08 9.50 CRANES, PI Group i Group 2 Group...3 Group 4 Group 5 Group 6 Group 7 Group 8 Group 9 Group 10 Group !1 Group 12 Group !3 T,EDRIV!NG & HOISTING EQUIPMENT- 21.75 22.53 22.82 22.96 23.18 23.29 23.41 23.58 23.75 24 .75 25.75 26.75 27.75 TUNNEL GROUP' 9.50 9.50 9.5O 9.50 9.5O 9.50 9.50 9.50 9.5O 9.5O 9.50 9.50 9.50 Group 1 Group 2 Group 3. Group 4 Group 5 Group 6 G'roup , 7 23.03 9.50 23.32 9.50 23.46 9.50 23.68 9.50 23.79 9.50 23.91 9.50 24.21 9.5.0 DREDGING'. Hydraulic suction dredges- Lever operator Deckmate; Watch engineer; Welder Winch (stern winch on dredge) Bargehand; Dec}~and;' Firefighter; Oiler; Leveehand Dozer Clamshell dredges: Lever operator Watch engineer; Dec}~ate Barge mate Bargehand; Deckhand; Firefighter; Oiler 24.10 9.50 23.52 9.50 22.97 9.50 22.43 9.50 23.63 9.50 -- 24.10 9'.50 23.52 9.50 23.04 9.50 22.43 9.50 POWER EQUIPMENT OPERATOR CLASSIFICATIONS' GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type e_cuipment, elevator operator - inside, engineer oiler, 'generator operator, generator, pump or compressor plant operator, pump operator, signal, switch GROUP 2: Concrete mixer operator - skip type, conveyo~ operator, firefighter, hydrostatic pump operator, oiler' c~usher (asphalt o~ concrete plant), skiploader (when wheel type ~p to 3/4 yd. without attachment), soils field technician, tar pot firefighter, temporary heating plant operator, trenching machine operator GROUP 3: Equipment'greaser (rack), Ford Ferguson (with dragtype attachments), helicopter radio (ground), power concrete curing machine operator, power concrete saw operator, power - driver jumbo form setter operator, stationary pipe wrapping and. cleaning machine operasor GROUP 4: Asphalt plant firefighter, .backhoe operator (mini-max or similar type), boring machine operator, box or mixer (asphalt or concrete), building construction inspector, chip spreading machine opera,or, concrete pump operator (small portable), drilling machine operator, small auger types (Texoma super economa~ic or similar types - Hughes 100 or 200 or similar types CA930002 - 19 - drilling depth of 30' maximum), equipment greaser (grease truck), guard rail post driver operator, highline cab!eway signal, hydra-hammer-aero stomper, power sweeper opera,or, tel!er operator (compacting), screed operator (asphalt or concrete), trenching machine operator (up to 6 ft.) G~OU~5' Equipment greaser (grease truck/multi-shift) GROUP 6' Asphalt plant engineer, batch plant operator, bit sharpener, concrete joint machine operator (canal and similar type), concrete planer operator, deck engine operator, derrick (oilfield type), drilling machine operator, bucket or auger (Caldwell 100 bucket.or similar types - Watson 1000 aucer or similar types - Texoma 330, 500 or 600 auger or similar types drilling depth of 45' maximum),, drilling machine opera,or (including water wells~, hydrographic seeded machine operator (straw, pump or seed), Jackson track maintainer, or sinilar Kalamazoo switch tamper, or similar type, machine tool operator, Mag~nnis internal full slab vibrator, mechanical berm, curb c gutter (concrete or asphalt), mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar type), pavement breaker operator (truck mounted), road oil mixing machine operator, roller operator (asphalt or finish), rubber-~ired esrth moving equipment (single engine, up to and including 25 yds. struck), self-propelled tar pipelining machine operator, skiploader 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, uu to 10C h.p. flywheel and similar types, up to and including D-5 and similar types), tugger hoist operator GROUP 7' Welder - general (multi-shift) GROUP 8' Asphalt or concrete.spreading operator (tamping or finishing), asphalt, pa~ing.machine operator (Barber Greene or similar type), 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 (?unite work), compactor operator (self-propelled), concrete mixer operator (paving), crushing plant operator,..drill doctor, drilling machine operator, bucket or auger types (Caldwell bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depsh of 60' maximum), elevating grader operator, grade checker, gradal! operator, grouting machine operator, heavy-duty repair, Kalamazoo ballast regulator or similar type, Kolman be!~ loader and similar type, Le Tourneau blob compactor or similar ~ype, loader operator (Athey, Euclid, Sierra and similar types), pneumatic concrete placing machine operator .(Hackley-Presswe!! or similar type), pumpcrete operator, rotary drill operatcr - (excluding caisson type), rubber-tired eal-th-moving ec~uiDment operator (single engine, Caterpillar, Euclid, Athey wacon 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, 10.40 and similar single unit), self-propelled curb and gutter machine operator, skipload operator (crawler and wheel t~pe over 1-1/2 yds. up to and including 6-1/2 yds.), surface h~aters 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 bending machine operator, trenching machine operator GROUP 9: Heavy-duty repair (multi-shift) GROUP 10: Drilling machine operator, bucket or auger {ypes (Caldwell 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, heaVy-dut~ -~ repair-welder combination, monorail 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 operato~ (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.), tower crane repair person, tractor loader operator (crawler and wheel type over 6- 1/2 yds.), Woods mixer operator (and similar pugmill equipment) GROUP 11: Heavy-duty repair-welder combination (multi-shift) GROUP 12: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Caldwe!l, auger 200 CA or similar types - Watson auger 6000 or similar types - drilling depth of 175' maximum), hoe ram or similar with compressor, mass excavator ope~ato'r, mechanical finishing machine operator, mob'ile form traveler operator, motor patrol operator (multi-engine), pipe mobile machine operator, rubber-ti~ed earth- moving e~uipment operator (multiple engine, Euclid, Caterpillar and.similar type, over 50 cu. yds. struck), rubber-tired self- loading scraper operator (paddle-wheel-auger type self-!oaring - 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, wheel excavator operator 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 CA930002 - o~ 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) GhOU~16- Rubber-tired earth-moving ecuipment operator~ ' operatin% equipment with push-pull system (single engine, over 50 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 earSh-moving ec,-~pment operator, operating equipment with push-pul~ syster. (multiple engine, Euclid, Caterpillar and similar, over 50 .cu. yds. suruck), tamdem tractor operator (operating crawler tv~e -factors in tandem - Quad 9 and similar type) GROUP 18' Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumus and similar types in any combination, excluding compacnzon un~-s - single engine, up to and including 25 yds. struck) GROUP 19: Concrete pump operator, truck-moun~ed, rubber-tired earth-moving equipment operator, cserasing in tandem (scrapers, belly dumps and similar types in any com~ination, 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. s~ruck) , rubber-tired earth- moving equipment operator, operating in ~andem (scrapers, belly dumps and similar types in any combinasicn, excluding compaction units - multiple .engine, up to and including 2~ yds. struck) GROUP 20' Rubber-tired earth-moving equipment operator, operatiqg in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction uniss - single engine, over 50 yds. struck) ._ GROUP 21' Rubber-tired earth-moving e~cipment operator, operating in tandem (scrapers, belly du~ms and similar types in any combination, excluding compaction unins - multiple engine, Euclid, Caterpillar and similar type, ore- 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 23' Rubber-tired earth-moving equiDment, operator, operating ecuipment with ~he tandem push-Dull 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-~ired earth-moving e~uipment operator, operating with the tandem push-pu!~ system (multiple engine, up to and including 25 yds. s~ruck) GROUP 24: Rubber-tired earth-moving equipment opera-or, 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' 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 CLASSIFiCATi~WS' GROUP 1- Engineer oiler; Fork lift operator (under 5 tons capacity) GROUP 2- Truck crane oiler GROUP 3- A-frame or winch truck operator; Ross carrier operaLo'r (jobsite) GROUP 4- Bridge-type unloader and turntable operator' Helicopter hoist operator GROUP 5' Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6' Bridge crane operator; Cretor crane opera%or; Fork lift operator (over 5 tons) ; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine qpera~or (Vagtbo~g and similar types); Material hoist operator; 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 cu. yds. mr'~); Tower crane repair' Tugger. hoist operator (3 drum) GROUP 8- Crane operator (up to and inciuding 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to ~nd 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. mrc) GROUP 9' Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge.operator (over 25 tons up to a~d including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tcns up to and including 50 tons mrc) ; K-crane operator' Pclar crane operator' Tower crane operator 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 simi~Lar type (over 50 tons up to and including 100 tons mrc) 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, st~Y legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS' GROUP 1- Skiploader (wheel type up t© 3/4 yd. without attachment) GROUP 2' PowerLdriven jumbo form setter operator GROUP 3' Dinkey locomotive or motorperson .(up to and including 10 tons~ GROUP 4' Bit sharpener; Equipment greaser (grease truck),' Slip foz-m pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over !0 and up to.and including 30 tons); · Welder - general GROUP 5- BacF~hoe operator (up to and including 3/4 yd.) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairluerson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine opera,or (1/4 yd., rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswe!l or similar type); Pneumatic heading shield (tunnel) ; Pumpcrete gl/n operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum)- Tunnel locomotive operator (over 30 tons) GROUP 6' Heavy-duty repair/welder combination GROUP 7- Tunnel mote boring machine operator CONCRET?~ _oUMDEmS'.- .. GROUP !' Compressor operator; Concrete pump operator (small portable, pea gravel); Engineer oiler GROUP 2' Conveyor operator GROUP 2: Heavy-duty repair person GROU~ 4- Heavy-duty repair person when performing welding GROUP'5: Concrete pump operator (truck-mounted); Concrete pump and separate placing boom; Concrete pump, large trailer type (large rock) TRUCK C~'-.NE OPERATOR GROUP _' Truck crane oiler (25 tons & under) GROUP -' Truck crane oiler (over 25 tons) - GROUP 2: Heavy-duty repair person and/or welder GROUP '- Truck crane operator (up to and including 25 tons) GROUP =' Truck crane operator (over 25 tons capacity up-to an~ including 80 tons mrc) GROUP 6- Mobile tower crane GROUP -' Truck crane operator (over 80 tons mrc up to and inclu/inc 200 tons mrc) . GROUP $' Truck crane operator (over 200 tons mrc) ; Mobile t~wer crane (over 200 tons mrc) IRON000~C 07/01/1993 A_., FORC~ BASE VANDENBERS To ~ - Rates Fringes IRONWORKERS' Ornamensal, reinforcing and s~ruc~ural Fence erector 23.88 11.62 22.99 11.62 ,.~,ON000 07 / 01/1993 ~ates RE~AINDER OF CouNTIES AND PARTS OF COUNTIES' Fringes iRONWOR2CERS' Ornamensa!, rein'forcing and structural Fence erectors 20.88 19.99 11.62 11.62 ~'-.BO000 ! B 07/01/1993 BRICK TE~,'2ERS Rates 16.86 Fringes 9.01 CA930002 -- 25 LABO0002B 01/01/1992 KERN COUNTY' Rates Fringes PLASTERER. TENDERS Edwards Air Force Base; Elk Hills Naval Reserve; and' Naval Air Weapons Station, China Lake Remainder of Kern County LABO0002C 07/01/1993 LOS ANGELES AND ORANGE COUNTIES' 18.64 14.96 Rates 7.91 7-91 Fri-nges PLASTERER TENDERS' Work on single family homes and apartments up to and including 3 stories Ail other work 16.69 19.69 8.74 8.74 LABO0002D 07/01/1991 Ra~es SAN LUIS OBISPO AND SANTA BARBARA COUNTIES' Fringes PLASTERER TENDERS' San Luis Obispo County and santa Barbara County (northpa~)~ ' Work on single family homes and apartments up to and including 3 stories (does not apply to Vandenberg Air Force Base, Point Arguello or Camp Roberts) Al! other work Santa Barbara County (south part): Work on single family homes and apartments up to and including 3 stories All other work 13.63 9. 34 16.48 9.34 13.63 9.34 17.48 9. 34 LABO0002E 07/01/1993 · Rates Frznges IMPERIAL, INYO, MONO, RIVERSIDE AND SAN BERNARDINO COUNTIES- PLASTERER ~ENDERS: Work on single family homes and apartments up to and -including 3 stories: Plasterer tender Plasterer clean-up laborer Ail other work: Plasterer tender Plasterer clean-up laborer 16.90 9.54 13.56 9.54 19.90 9.54 16.56 9.54 NOTE: Work at Fort Irwin, George Air Force Base, Marine Corps Air Station 29 Palms, Marine Corps Logistics Supply Base, Mountain Warfare Training Center, Naval Air Facility See~ey, and U.S. Marine Corps Pickle Meadows: $3.00 per hour additional. LABO0002G 10/01/1992 VENTUR3% COUNTY' PLASTEtLER TENDERS' Work on single family homes and apartments not to exceed 2 stories in height All other work Rates ~ringes 15.48 8.34 17.48 8.34 LABOO002H LABORERS' o7 / 0,1/1993 Rates Fringes LABORERS: Group 1 16.61 9.0-1 Group 2 -17.01 9.01 Group 3 '17.21 9.01 Group 4 18.26 9.01 Group 5 18~46 9.01 TUNNEL LABORERS :' Group 1 19.52 9.51 Group 2. 19.64 9.51 Group 3 19.80 9.51 Group 4 20.08 9-51 Note' Tunnel Laborers receive $2.00 per hour additional for work at Vandenberg Air Force Base, Point Arguello, Camp Roberts, Naval Ordnance Test Station inyo-Kern, and Edwards Air Force Base CAe3000~_ = - 27 WORK ON SINGLE FAMILY HOMES AND APARTMENTS UP TO AND INCLUDING STORIES ' Landscape laborers, clean-up, .fencing (chain link and woo~J, 12.79 8.5! All other work on single family homes and ~partments up to and including 3 stories 13.79 8.51 GUNITE LABORERS: Group 1 19.86 9.71 Group 2 18.91 9.71 Group 3 16.40 9.71 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A ~ CONSTRUCTION CONTR3kCT) ' Housemover 15.37 9.19 - Yard maintenance person 15.12 9.19 LABORER CLASSIFICATIONS- GROUP 1- Cleaning and handling of panels, forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of briCk and lumber' Dry packinc of concrete, plugging, filling of shee-bolt holes; Fire wancher, limber, brush loaders, pilers and debris handlers- Flag person- Gas, oil and/or water pipeline laborer' Laborer, general or construction- Laborer, general clean-up' Laborer, landscaping- Laborer, jetting, 5emporary water and air lines; Material hose operator (walls, -slabs, floors and decks) ; Railroad maintenance, repair track person and road beds- Rigging and signaling- Scaler- Slip form raisers' On highways, slurry seal crews (mixer operator, applicator operator, squeegee operator, shuttle, top)- Streetca~ and railroad construction track laborers; Striper, concrete or other paved road surfaces; Tar and mortar; Tool crib or tool house laborer on highways; Traffic control by any' method' Traffic delineating device applicator; Window cleaner' Wire mesh, pulling all concrete pouring operations GROUP 2' Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the foundations, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and stree5 paving, airpoz-t, runways and similar type heavy construction' Gas, oil and/or water pipeline wrapper; Pot tender and form; Guinea chaser' Headerboard, asphalt' Laborer, packing rod steel and pans; Membrane vapor barrier instal!er~ Power broom sweepers (sma!l) ~ Riprap stonepaver, placing stone or wet sacked concrete' Roto scraper and tiller- Sandblaster (pot tender)' Septic tank digger and installer (lead) - Tank scaler and cleaner- Tree c!irabe~, faller, chain saw operator, Pittsburgh chipper and similar type brush shredders; Underground laborer, including caisson bellower GROUP 3- Buggymobile; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pakwit machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and ~ver, by any method, inside and out; Hydro seeder~and similar type; Impact wrench multi-plate; Kettle, pot and asphalt appliers, lay-kold, creosote, lime 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; Vibrating machines, pavement breakers, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboar~ and guideline setter; Tampers, Barko, Wacker and similar type; -~ Trenching machine, hand-propelled GROUP 4' Asphalt raker, lute person, ironer and asphalt spreader boxes (all types); Concrete core cutter (walls, floors . or ceilings), grinder or sander; Concrete saw person, cutting '~ walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laser beam in connection with laborers' work; No-joint' pipe and stripping of same; Over-size concrete vibrator operator, 70 lbs. and over' Pipelayer, including water, sewage, solid, gas or air; Porta shot-blast; prefabricated manhole installer: Sandblaster (nozzle, water blasting) ; Welding in connection with.laborers' work GROUP 5' Blaster powder, all work of loading holes, placing and blasting of al~ powder and explosives of whatever type, regardless of method used for such loading and placing; Driller; Ail power drills, excluding jac'khammer, whether core, diamond, wagon, track, multiple unit, and' any and all types of mechanical drills; Toxic waste removal TUNNEL LABORERS' GROUP 1' Batch plant laborers; Bull gang mucker, track; Concrete crew, including fodders and spreaders; Changehouse; Dump; Dump (outside); Swamper (brake and switch on tunnel work); Tunnel materials handling; Tool worker GROUP 2' Cable tender; Chuck tender' Nipper; Vibrator operator, jackhammer, pneumatic tools (except dri!ler) ' 'Loading and unloading agitator cars; Pot tender, using mastic or other materials GROUP 3' Blaster, driller, powder' Chemical grout jet' Cherry picker' Grout gun; Grout mixer; Grout pump- Jackleg miner- Jumbo' Kemper and other pneumatic concrete olacer operator; Miner, tunnel (hand or machine); Powder (primer house); Primer; Shotcrete; Steel form raiser and setser; Ti~er; Retimber (wood or steel); Tunnel concrete finisher; Nozzle; Operating troweling and/qr groutin~"~chine; Sandblaster GROUP 4' Shaft, raise miner; Diamond driller GUNITE LABORERS: GROUP 1: Nozzle and rod GROUP 2: Gun GROUP 3: Rebound LABO0067D 02/01/1991 ASBESTOS REMOVAL LABORERS Rates Fringes 10. 00 3.83 - SCOPE OF WORK- includes site mobilizasion, initial site dlean-up, site preparation, removal of asbes-os-ccn%aining material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and d=smosa! of asbestos-.~' containing materials and toxic wasse (including lead abatement and any other toxic materials) by' nd or with equipment or machinery; scaffolding, fabricaticn of ~emuorary wooden barriers and assembly of decontamination snanions. OTHR0669C 04/01/1993 REMAINDER OF COUNTIES AND PARTS OF CiUNTIES' Fringes SPRINKLER FITTERS 27 . 00 6 . 03 OTHR0709B 01/01/1992 Rates Fringes LOS ANGELES COUNTY; ORANGE CO~]NTY (CATALiI<A iSIS. ND; SAN CLEMENTE ISLAND; CITY OF SANTA ANA; AND REMAI'~DER OF CRANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LC'S ~_~GELES) ~ SAN BERNARDINO COUNTY (NORTHERN PART OF CITY OF CHINO; AJ,'D CITIES OF MONTCLAIR AND ONTARIO); VENTURA COUNTY (PORT b.-JENEME; PORT FfUGU; CITY OF SANTA PAULA; AND REMAINDER OF VENTUP~. COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES): SPRINKLER FITTERS 30.22 11.64 PAIN0036A 01/01/1993 Ranes Fringes INYO AND KERN COUNTIES' LOS ANGELES COUNTY (=XCEPT POMONA AREA) ; MONO COUNTY; A3~D SAN BEPdqA3~DINO COUNTY (WEST OF A LINE NORTH OF TRON0 INCLUDING CHINA LAKE AREA, JOHANNESBURG, BORON, SOUTH INCLUDING.THE W-RIGHTWOOD AREA)' PAINTERS AND DRYWALL FINISHERS' DRYWALL FINISHERS' Kern County (west of the Los Angeles Aqueduct) Remainder of area 19.69 4.69 23.16 4.69 PAINTERS' Los Angeles County (except Antelope valley and the Pomona area) Work on all wood frame structures used for human habitation, including motels and convalescent 'homes Work on service stations and car washes; small commercial work (construction up to and including 3 s~ories in height, such as small shopping centers, small stores, small office buildings and small food establishments)' small industrial work (ligh~ metal buildings, small warehouses, small storage facilities and tilt-up buildings); and tenant improvement work (tenant improvement work not included in conjunction with'. the construction of the building; including repaint work) (not applicable to any phase of the aerospace industry or to hotels which operate commercial establish- ments as part of the hotel se_~vice) Ail other work- Brush and roller Paperhangers' Swing s~age- Paste machine opera~or Sandblast- Spray' Steeplejack 17.15 2.65 19.10 4.68 22.12 4.68 22.37 4.48 23.12 4 .68 CA930002 - 31 Inyo and Kern Counties; Los Angeles County (Antelope Valley) ' Mono County; and San ~Bernardino County (west of a line north of Trono includinc the China Lake area, JohannesSurg, Boron, south includin? the Wrightwood area)' Work c.-, wood framed housing, moEeis and convalescent homes Ail o.~ker work' Brus- & roller Paperhangers; Swing stage; Passe machine operator Sandz!asn; Spray; Ss=_eplej ack 15. 15 2 . 65 17. 68 4. 68 17.93 4. 68 18. 68 4. 68 PAIN0048D 0i 01/1991 iMPERIAL COUNY¥; LOS ANGELES RIVERSIDE COUX?iES~ AND SAN PORTION): Rates Fringes COUNTY (POMONA AREA) ; ORANGE AND BERNARDINO COUNTY (EXCLUDING WESTERN PAINTERS AND E?.YWALL FINISHERS' DRYWALL FIN2£HE?,S PAINTERS ' Brush Brush, swing s~age; Spray Paperhanger; 'Spray, swing stage Sandblaster' Iron, steel & bridge (cround work) ; Iron, szee! & bridge - spray (cround~- Riggers climbinc s~eei' Brush, climbing steel & bridce Sandblasuer, swing stage; Iron, steel & '-ridge (swing stage) ; Iron, s~ ~ & bridge (swing stage, suray) Steeplej ack 21.18 20.70 20.95 21.20 21.45 21.70 22.45 5.94 5.94 5.94 5.94 · . . 5.94 5.94 5.94 PAiN0052A 07 01/1992 SAN LUIS OBIS-mC., SANTA Rates BARBA.~A AND VENTURA COUNTIES' Fringe~ PAINTERS AND DRYWALL FINISHERS' DRYWALL FINISHERS 22.86 4.45 PAINTERS' Work on single family homes and apartments up to and including 3 stories -' Painter, brush Painter, spray Ail other work- Painter; Pot tender (brush) Paperhanger; Pas~e machine operator Spray, sandblaster (ncn-steel) Waterblaster; Power cleaning (non-steel) ; Steam cleaning (non-steel Sign painter Steeplejack High and haz exterior s bos'n chai stage: 4th or 5th s Painter (non-stee!~ ardous, i~nerior or raging, scaffolding, r, spider or swing tories' Spray painter, sandblaster, waterblas~er; Powe- cleaning; Steam cleaning' Steeplejack 6th through 10th stor=es' Painter Spray painter; Sandblaster; waterblaster; Power cleaning; Steam cleaning; Steeplejack 10 stories and over- -- Painter Spray painter; Sandblaster; Waterblaster; Power cleaning; Steam cleaning Iron and steel' Iron and steel/brush; Pot tender/steel Ir0n and steel/spray; iron and steel sandblas~ Dower clean High iron and s~ee! consLruction; Bridges over 30 ft.- Pain,er/brush Painter/steel/spray' Sand- blaster- Wa%erbiasuer 16. 15 16.65 20. 19 20.44 20.69 20.84 21.19 21.56 22.06 22.44 22.94 :22 - 94 23.44 21.44 21.94 -'2 .94 23.44 4.70 4.70 4.70 4u-70 4 .70 4-.70 4.70 4.70 4 .70 4.70 4 .70 4.70 4 .70 4.70 4 .70 4 .70 4 .70 CA9~0002 - 33 PAIN0132A INYO, KERN, GLAZIERS 02/01/1993 MONO AND SAN LUIS Rates OBISPO COUNTIES' 20.84 Fringes 5.77 PAIN0294B RE?L~INDER OF 07/01/1992 COUNTIES ' Rates Fringes SOFT FLOOR LAYERS 16.63 3.46 ..- PAIN0636A 11/01/1992 LOS ANGELES, ORANGE, RIVERSIDE, VENTURA COUNTIES- Rates SAN BERNARDINO, SANTA Fring.es BARBARA GLAZIERS 21.95 7.22 AND PAINl176A 04/01/1993 INYO AND MONO COUNTIES' Rates Fringes PARKING LOT STRIPING WORK AND/OR HIGHWAY MARKING: GrouD'i Group 2 Group 3 & Group 5 Group 4 Service person (maintenance and repair of equipment) (on jobsite only) Parking lot, game court and playground installer Protective coating, resurfacing, pavement sealing, slurry seal, including repair when done in conjunction with pavement sealing and slurry seal work Sealer/mixer Applicator operator, shu~51e person and squeegee person 20.93 19.88 17.79 20.93 12.56 13.00 17.93 17. 16 15. 13 5.64 5.64 5-64 5.64 5.19 5.64 5.64 5.64 5.64 DEFINITION OF GROUPS' CA930002 - 34 GROUP 1' STRIPER' Layout and application of painted traffic stri~es ~and marking; hot thermo plastic; tape traffic stripes and markings GRO~ 2' TRAFFIC DELINEATING DEVICE APPLICATOR' Layout and app'licaticn of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers; other traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3' TF~%FF!C SURFACE ABRASIVE BLASTER' removal'of traffic lines and markings; preparation of surface for coatings and traffic csn~rol devices GROUP 4' TFa%FFiC PROTECTIVE DELINEATING SYSTEMS INSTALLER' removes; relocates; installs permanently affixed roadside and parking delineation barricades; fencing, guard r~il; -~ cable anchor, retaining walls, reference signs, monument markers ~.~.rF_C CONTROL PERSON' Sole function is to control GROUP 5' ~'~ ~ and direcu traffic through both conventional and moving '~ lane enclosures PAIN!176B 04/01/1993 Rates Fringes IMPERIAL, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBiSPO, SANTA BARBARA AND VENTURA COUNTIES' PAR/KING LOT STRIPING WORK AN~/OR HIGHWAY M~~RS' Group ! 19.93 5.67 Group 2 18.93 5.67 ? .16.94 5.67 Group ~ Group z ~9.93 5.67 Service person (maintenance and -epair of equipment) (on jobsite only) 11.96 5.25 Slurry sea! work- Fresno, imperial, Kern, Kings, Los Angeles, San Luis Cbispo, Santa Barbara, Tulare and venuur-- Counties' Sealer/mixer 14.89 3.66 C.iC?O002 -' 3~ E-74 Applicator operator, shuttle person and squeegee person Traffic surface protective coating '.applicator Traffic control person 13.18 3.66 15.51 3.66 8.19 3.66 Orange, Riverside and San Bernardino Counties: Sealer/mixer Applicator operator, shuttle person and squeegee person Traffic surface protective coating applicator Traffic control person 14.54 3.52 . 12.88 3.52 15.15 3.52 7.99 3.52 DEFINITION OF GROUPS' GROUP 1' STRIPER' Layout and application of painted traffic stripes and marking; hot thermo plastic; tape traffic stripes and marking GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers; other traffic delineating devices; includes all related surface preparation (sandblasting, waterbias~ing, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVES BLASTER: Removal of traffLc lines and markings; preparation of surface for coatings and traffic control devices GROUP 4- TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER- Removes; relocates; insUa!Is; pe~manently affixed roadside · and parkin~ delineating barricades, fencing, guard rail, cable anchor, retaining walls, reference signs, monument markers PAiN1247A 10/01/1992 INYO, KERN AND MONO COUNTIES- Rates Fringes SOFT FLOOR LAYERS 18.22 5.97 PAIN1247B 08/01/1992 RaSes Frinces LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES' SOET FLOOR LAYERS 23.30 6.,49 PAIN1399B 08/01/1993 IMPERIAL COUNTY' Rates Fringes GLAZIER 23.24 6.-0 PAIN1711A 10/13/1991' IMPERIAL COUNTY' Rates Fringes SOFT FLOOR LAYER 16.95 5.44 PLAS0002B 08/05/1992 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO AND VENTURA COUNTIES- PLASTERERS- Work on single family homes and apartments up to and including 3 stories Ail other work 21.83 5.36 24.83 5.36 PLAS0052B -07/01/199i CEMENT MASONS- Work on wood or metal frame construction of single family residences, apartments and condominiums. Does not include projects that exceed 3 s~6ries; any u~ility work, such as telephone, gas, water, sewer and other utilities; or any work outside property lines, including curbs, gutters and sidewalks Work on jobsites where the total permit value of uhe general conUracU and all subcontracns Rates Fringes 16 - 26 6. 65 upon that jobsite is or less All other work $4,000,000 19.96 7.50 19.96 9.50 PLAS0191B~ .01/01/1983 INYO, KERN AND MONO COUNTIES- Rates Fringes PLASTERERS- Plasterers Nozzle operator 15.57 4 .41 15.695 4 .41 PLAS0341B 08/07/1991 SANTA BARBARA COUNTY' Rates £ Fringes PLASTERERS 22.10 4.53 PLAS0346B 05/01/1991 IMPERIAL COUNTY- Rates Fringes PLASTERERS' Work on single family homes and apartments up to and including 3 stories All other work 15.42 5.29 18.42 5.29 PLAS0775B 06/01/1982 SAN LUIS'OBISPO COUNTY' Rates Fringes PLASTERERS 21 . 77 PLUM0016G 07/01/1993 Rates Fringes IMPERIAL, LOS.ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES- PLUMBERS; STEAMFITTERS- Fort Irwin Army Base, Marine Corps LogisSic Base at Nebo, Marine Corps Logistic Base at Yermo, San Nicolaus Island, and Twenty-Nine Palms Marine Base Camp Roberts, George Air Force Base and Vandenberg Air Force .Base Remainder of Counties and parts of Counties 27.96 7.74 30.06 7.74 27.81 7.74 LANDSCAPE & IRRIGATION WORK- Journeyperson Tradesperson 21.43 7.26 8.28 2.65 Note'. Duties of the landscape & irrigation tradesperson limited to' digging and/or backfilling with the exception of motorized equipment; clean-up and sweeping'; pipe wrapping and waterproofing where tar or similar materials is applied for n~ protection; operation of vibrating machines; coating and grouti of all pipe joints, holes or chases allied to the piping PLUM0250A 09/01/1992 LOS ANGELES AND ORANGE COUNTIES' Rates Fringes REFRIGERATION & AIR CONDITIONING 26.40 7.40 * PLUM0355B 07/01/1993 INYO AND KERN COUNTIES- Rates Fringes LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 22.00 2.70 PLUM0364A 02/01/1987 RIVERSIDE AND SAN BERNARDINO COUNTIES' Fringes REFRIGERATION & AIR CONDITIONING 19.55 1% + 5.78 PLUM0460A 01/01/1993 INYO, KERN AND MONO COUNTIES- Rates Fringes PLUMBERS; STEAMFITTERS' CA930002 - 39 work at China Lake Naval Weapons Center and Edwards Air Force Base Remainder. of Area 27. 11 22.11 5.93 5.93 * ROOFO027B 08/01/1993 INYO, KERN AND MONO COUNTIES' Rates Fringes ROOFERS 18.90 5.75 ROOF0036A 09/01/1992 · LOS ANGELES, OP~ANGE, SAN COUNTIES ' LUIS OBISPO, Rates Fringes- SANTA BARBA_~A AND VENTURA ROOFERS: Roofer Preparer (duties limited to the following: tear-off and/or remove any type of roofing'or roofing material or spudding, or sweeping and/or clean-up, and/or preloading, or in preparing the roof for applicaUion of .roofing, damp and/or waterproofing material) ROOF0045A 01/01/1991 IMPERIAL COUNTY' ROOFERS 20.02 6.635 15.30 i- 00 Rates -- 18.70 Fringes 3.38 ROOF0146A 09/01/1992 RIVERSIDE AND SAN BERNARDINO COUNTIES' Rates Fringes ROOFERS 18.78 7.50 SH~m0!02A INYO COUNTY' 09/01/1992 KEPaN COUNTY (EAST OF PiWY. Rates ~3a5 ---inges~ ~ .RO~: D MOUNTAIN TO THE INYO COUNTY LINE) ; LOS kNGELES COUNTY (SOUTH OF A STRAIGHT LINE DRAWN BETWEEN GORMAN AND BIG PINES, CALIFORNIA; SOUTH OF IMPERIAL HWY. TO THE CITY LIMITS OF LONG BEACH, INCLUDING THE CITY OF LONG BEACH AND THE ISLAND OF CATALINA); MONO, ORANGE, RIVERSIDE AND SAN BEPd~ARDINO COUNTIES: SHEET METAL WORKERS' Los Angeles county (south of Imperial Hwy. to the city limits of Long Beach, including the City of Long Beach and the Island of Catalina) and Orange County: Work on all general sheet metal, heating and air conditioning, metal fireplace installation, and solar systems on single family dwellings, multiple family dwellings,, tract homes, and apartment buildings individually conditioned by separate and independent units or systems 20.61 All other work 23.91 8.69 8.47 Inyo County, Kern County (east of Hwy. #395 from Red Mountain to the Inyo County line), Los Angeles County (south of a straight line drawn between Gorman and Big Pines, California, and north of Imperial Hwy. to the city limits of Long Beach, excluding the City of Long Beach and the Island' of Catalina), and Mono, Riverside and San Bernardino Counties: Work on all general sheet metal,-. heating and air conditioning, metal fireplace installation., and solar systems on single family dwellings, multiple family dwellings, tract homes, and apartment buildings individually conditioned by separate and independent units or systems All other work 20.61 8.69 23.76 8.47 SHEE0108A 07/01/1992 Rates Fringes KERN COUNTY (WEST OF HWY. #395 FROM RED MOUNTAIN TO THE !NYO CA930002 - 41 5-80 COUNTY LINE) ; LOS ANGELES COUNTY (NORTH OF A STRAIGHT LINE DRAWN BETWEEN GORMA/q AND BIG PINES, CALIFORNIA)' SHEET METAL WORKERS' Residential/tight commercial (6,000 Sq. ft. or less) All other work 18.30 7.51 22.88 7.51 SHEE0108B 08/01/1992 Rates Fringes LOS ANGELES COUNTY (SOUTH OF A STRAIGHT LINE DRAVN BETWEEN GORM3~N AND BIG PINES, CALiFOR/qIA; EXCLUDING THE PART SOUTH OF IMPERIAL HWY. TO THE CITY LIMITS OF LONG BEACH, AND EXCLUDING THE CITY OF LONG BEACH AND THE ISLAND OF CATALINA: ~ SHEET METAL WORKERS 25.60 8.41 SHEE0206B 07/01/1991 IMPERIAL COUNTY' Rates Fringes SHEET METAL WORKERS 21.43 8-09 SHEEC273A 08/01/1993 Rates SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES- Fringes SHEET METAL WORKER 24.16 8.13 SUCA1005A 12/13/1991 Rates Fri~es WELDERS - Receive rate. prescribed for craft perfo_--ming operation to which welding is incidental.' TEA~M00 liA 07/01/1993 TRUCK DRIVER~' Rates Fringes Camp Roberts~ Edwards Air Force Base; E1 Centro: Fort Irwin; George Air Force Base~ Mountain Warfare Training Center (Bridgeport); Naval Air Facility' Naval Air Weapons Station, China Lake; CAc'-'O00~ - ~2. Nebo Marine Ballistic Base (Yermo); Point Arguello; Point Conception; Twenty-Nine Palms'Marine Base; and Vandenberg Air Force Base: Group 1 G~up 2 Group 3 Group 4 Group 5 Group 6 Group 7 Group 8 Group 9 Group 10 Group 11 20.79 10.$1 20.94 10.81 21.07 10.81 21.12 10.81 21.20 10.8! 21.32 10.8! 21.57 10.81 21.82 10.8! 22.02 I0.$! 22.32 10.81 22.82 1.0.$! . Remainder of Counties and par~s of Counties- - Group 1 18.79 ~ 0 8 Group .2 18.94 10.81 Group 3 19. 07 !0.81 Group 4 19. 12 - 0.8i Group 5 19. 20 i0.S! Group 6 19.32 10.Si Group 7 19.57 10.8' Group 8 19.82 !0-$! Group 9 20.02 I0-8! Group 10 20.32 !0.81 Group 11 20.82 LO.Si DEFINITION OF GROUPS- GROUP 1- Teamster GROUP 2' Driver of vehicle or combination of vehicles of 2 axles (including all vehicles, less than 6 tcns); Traffic control pilot car, excluding moving heavy e~aipment permit load GROUP 3' Truck-moun~ed power broom GROUP 4' Drivers of vehicles or combination of vehicles of 2 axles GROUP 5' Boot; Cemen~ distributor; Erosion conurol driver; ' Fuel truck- Water truck, 2-axle GROUP 6' Dump, less than 16 yds. GROUP 7- Transit mix, under 3 yds.' DumpcreSe, less than 6- 1/2 yds. GROUP 8' Truck repair helper GROUP 9- Water truck, 3 or more axles GROUP !0' PB and similar type ~ruck when performing within the Teamsters' jurisdiction' Pipeline and u~ilitv working truck including winch, but limi%ed to 5tuck applicable to Dipe!ine and .utility work, where a composite crew is used' Slurry driver' Truck greaser and 5ire worke~ (50 cenms pe~ CA930002 - 43 E-82 hour additiona~ for tire) GROUP 11' Water Dull twin engine; Water pull twin engine with attachments Note--~Wi~ch truck driver - $1.25 additional when operating winch 'o~' similar special attachments- ~- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as prov~ the labor standards contract clauses (29 CFR 5.5(a)(1) (i~)) . =ND OF GENERAL DECISION EXHIBIT 8 ATTACHMENT 16 LIST OF SUBCONTRACTORS AND/OR MATERIAL MEN TO' · LIST OF SUBCONTRACTORS AND/OR MAT]'~RIAL MEN Gentlemen' SUBJECT' FILE NUMBER The following are the subcontractors and/or materialmen used for the job located at' Subcontractors' (If none used, state "None") ,.~aterialmen (If none used, state "None") I/we , the undersigned hereby certify that the subcontractor and/or materialmen listed above were t~e only employed on the rehabilitation of the above-stated property. General Contractor Date Authorized Representative Date NOTE' This form and all necessary lien releases must be submitted to the Community Development Department when requesting payment. No payment will be made without them. EXHIBIT 9 ATrAC~NT 16 RECORD OF EMPLOYEE INTERVIEW ). .... ~ECO~D OF ~PLOYEE IHTERYIE~ , , . ~U~J(~ O~ ~OUR3 WOR~O ~OJ~CT &(FO~( TOOAT~ ~ ~OJ(CT ~ T~AT OAT[' , 4. TOU~ MO~LT PAT RAT~' , i. TOu8 7. TO0~ O~ ~GUI~C~T - , t EXHIBIT 4 ATTACHMENT 16 SECTION 3 CLAUSE 1. The work to be performed under' this contract is on a project- assisted under a program providing direct Federal financial assistance from thc Department of Housing and Urban Develop- mcnt and is subject to ~a rcquirc~ncnts of Section 3 of the Rousing and Urban Development. Act of 1968, as a3nended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest ex- tent feasible, opportunities for training amd employment be given lower income persons residing within thc unit of local government or thc metropolitan area (or nonmetropolitan county) in which thc project is located, and contracts for work in connection with thc project be awarded to business concerns which arc located in or owned in substantial part by persons residing in thc same metropolitan area {or non- metropolitan county) as the project. 2. The parties to this contract will comply with the provisions of said Section 3 and thc regulations issued pursuant thereto by the Secrc'tary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this'contract. Thc parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.. 3. The contractor will send to each' labor organization or representative of workers with which he has a collective bar- gaining agreement or other contract or uunderstanding, if any, a notice advising the said la2Dor org~lnization or workers' representative of his cou~mitments under, this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The contractor will include this ~ection 3' clause in every subcontract for work in connection with the project and will, at the direction of thc applicant for or recipient of Federal financial assistance, take appropriate action pursuant to t2%e subcontract upon a finding that thc subcontractor is in violation of regulations isscd by thc Secretary of ~ousing and Urban Development, 24 CFR Part 135. Thc contractor will not subcontract ~'ith any subcontractor where it has notice or k~no%'ledgc that thc latter has been found in violation' of regulations [Lq¢lcr 24 CFR Part 135 and will not let any subcon- tract, unless the subcontractor has first provided it with a prelim/nary statement of ability to comply with the require- m~_nts 'of these regulations. -- SECTION 3 CLAUSE 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the exe- cution of the contract, shall bca condition of thc Federal . ~inancial assistance provided to thc proJcct, binding upon the applicant or recipient for such assistance, its succes- sors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanc- tions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 6. Contractors and subcontractors subject to the requirements of Section 3 are required to prepare a written affirmative action plan in accordance with the provisions of Sections 135.65 and 135.70, 24 CFR Part 135. -2- EXHIBIT 5 ATTAC~NT 16 CONTRACTOR'S SECTION 3 AFFIRMATIVE ACTION PLAN P~-oD c~ Nu-rt~_r ~,d TZtle undersigned contra~or agrees to L~-p!~_nt the follc~ing affirmative acticn steps directed at increa_sing tJ-~ utikizaticn of !c~_r Lnccrna ~asi~nts and busin£ss cc~ncern$ located within the City of . 1. Take affj_rmative action to e-ns~e that ersployees or applicants for em- ployment or trainLng are not d/s~Lruinated against because of race, color, rnligicn, se_x, or naticnal origin. 2. S~nd a notice of t_he contractor's Se~icn 3 ccrnni~t to each labor organization or representative of ~orkers, and post a copy of the notice at a co~picuous place ava/lable to ~rployees and applicants for ~r~nt or traJ~ning. 3. To t~he greatest extent feasible, make a good faith effort to recruit for entDl~t or training lower inccrne resic~_nts frcrn the city, ~-.d to ~ward ccntra~s to busine_s's concerns w,~ui~h are located in or cxvned in sub- s%antiai part by ~ze_rsor~ residing Ln the city t~-ough use of: Local ad- ~_~isLng n~eclia, sign~ placed at t~hc project site, and notificaticn to ~-~ty organizaticr~ ~nd public or private Lnstitutions or sez-v~ng r~he project area such as Sem-vic~ L?Ic~fn~nt and Redevelopn~_nt (S-~R_), ~C~~ities indu~trializaticn Center (OIC), Urban I~_agoe, Ccncen- t~a%ed ~lcyrnant P~gram, U.S. Lh!olo~ne~nt Sea-vice, Ch~ of Ccrnre/ce, l~oor ~icas, t~ade asscciaticns, and bushness concerns. 4. Ya4ntaJ~n a file of a_tl lc~ Lnc~-e area residents who applied for ~n- pl ~cym~nt or t_raJ~ning either ca ~ha'ir c~r~ or cn ~ferral frcrn ~ny source, ~nd ~ actica t&k~n witch respe~ to each area residmnt. 5. Maintain a file of ail business c_oncerr~ ~ccated in t~he city sui~itted a bid for ~rk cxn the project, mhd t~he a~i~n taken witch re ~spect to each bid. -- 6. M~Jntain records, includJ~ng copies of correspondence, memoranda-, etc., %~_i~h dDc~t ~at affj_rTnative action steps have been taken. 7. Inco~porate ~ Secticn 3 Clause provi/icr~ Ln. ail subcontraa~s, and re?~re subccntractoz-s to subrait a Secrticn 3 Affirm--native Action Plan. 8. List project w~rk force needs for ~he project by cccupaticn, trade, s~k_ill level, and nun]bar of posir_io~s on ~he attached 9. List infold-mat_ica related to subcontracts to be awarded ca the attached fo~. Ccgp ~ny Name A'd~-ess Signature Title [~Bte EXI:IlBIT 6 ATTACHMENT 16 CONTRACTOR'S SECTION 3 COMMITMENT NOTICE OF SECTION 3 COMMITMENT Project Number a. nd TiMe TO: , , Name of Labor Un_ion or h'orkcr'5 Rcprc_sentative A ddrc. as The undersig'ned currently holds a contract with the Citx' of' involving Community Development Block Grant funds from the U.S. Department. of }-lousing and Urban Development or a _~ubcontract with a prime con[FaC:Or holding such contract. · , You are advised that under the provisions 0£ the above contract or subcontract and in accordance with Section 3 of' the [lousing and Urban Development Ac[of 1968, the undersi[ned is obliced, 'to the greatest extent feasit)lc, to give opportur.: ti cs for employ- ~,,en~ and training ~o lower income persons residing within the city whe-e the project is located, and to award contracts for work or, the project to bt~siness concerns v,'h:~h are local, ed in or are ov.'ned in subs-tan[iai par[ bx' persons residing in the city. This notice is furnished you pursuant to the provisions of the above cot. tract or sub- cor,~ract and Section'3 of' thc }-tousi~',~ and Urban Development Act of 1 9158. A copy of this notice will be posted bx' the undcrsi~'ned in a c~)nspicuous place avail- able to employees or applican~.s for employment. S-/8-n a t u.r c Ti Lie Name of C.-onLractor EXHIBIT 7 ATTACHMENT 16 COPIES OF BLANK PAYROLL SHEETS I' I 1