HomeMy WebLinkAbout9/5/2018 - STAFF REPORTS - 1.J.City Council Staff Report
DATE: September 5, 2018 CONSENT CALENDAR
SUBJECT: APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 048F
WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION
MITIGATION AND AIR QUALITY (CMAQ) FEDERAL FUNDS, AND
AWARD OF A CONSTRUCTION CONTRACT TO LC PAVING AND
SEALING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF
$399,437 FOR THE GENE AUTRY TRAIL AT VISTA CHINO DUAL LEFT
TURN LANES, CITY PROJECT NO. 14-13 , FEDERAL-AID PROJECT NO.
CMLN-5282 (045).
FROM : David H. Ready, City Manager
BY: Marcus L. Fuller, Assistant City Manager/City Engineer
SUMMARY
Approval of Program Supplemental Agreement No. 048-F will fo rmal ly au t horize the
reimbursement of up to $246,000 in federal-aid funds for the construction phase of the
Gene Autry Trail at Vista Chino Dual Left Turn Lanes. Awa rd of this contract will allow
the City to proceed with construction of the Gene Autry Trail at Vista Chino Dual Left Turn
Lanes , City Project No. 14-13, Federal-Aid Project No. CMLN-5282 (045).
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS , CALIFORNIA , APPROVING PROGRAM SUPPLEMENT
AGREEMENT NO . 048-F TO ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECT NO. 08-5282F15 WITH THE STATE OF
CALIFORNIA, IN THE AMOUNT OF $246 ,000 FOR USE OF CONGESTION
MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR THE GENE
AUTRY TRAIL AT VISTA CHINO DUAL LEFT TURN LANES, CITY PROJECT NO.
14-13 , FEDERAL-AID PROJECT NO. CMLN-5282 (045)"; and ,
2 . Award a construction contract (Agreement No. ) to LC Paving and Sea ling,
Inc., a California corporation, in the amount of $399,437 for the Gene Autry Trail at
Vista Chino Dual Left Turn lanes, City Project No. 14-13 , Federal-A id Project No.
CMLN-5282(045);
3. Delegate authority to the City Manager to approve and execute construction contract
change orders up to $50,000 with all change orders reported to the City Council ; and
ITEM NO. j_ · J ·
City Council Staff Report
September 5, 2018 --Page 2
Award Construction Contract for CP 14-13
4. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
LC Paving and Sealing, Inc. is a California Corporation whose corporate officers are Jose
A. Salinas, as President, Vice President, Corporate Secretary and Treasurer. All owners
whose interest is greater than $2000 are listed.
BACKGROUND
On November 6, 2013, the City Council approved Agreement No. 6443 with Albert A. Webb
& Associates ("Webb") for on-call traffic engineering design services on an as needed
basis.
In December 2013, the Coachella Valley Association of Governments ("CVAG") issued a
call for projects for federal funding made available to CVAG through the Moving Ahead for
Progress in the 21st Century ("MAP 21 ") federal transportation bill, through its Congestion
Management and Air Quality ("CMAQ") Program. CVAG invited public agencies to submit
projects with a minimum· cost of $200,000 that would improve air quality, and included
eligible projects such as congestion reduction and traffic flow improvements involving
intersection improvements with new turning Lanes. In response, the City submitted an
application for funding to improve the Gene Autry Trail I Vista Chino intersection to add a
second northbound (dual) left-turn lane to reduce traffic congestion at the intersection.
Staff estimated the construction cost of these improvements at $278,1 00 with an additional
$48,400 estimated for the environmental and design costs, for a total cost of $326,500. On
April 1, 2014, the City submitted a formal request to CVAG for federal funding, requesting
$246,200 in CMAQ federal funds with a local contribution of $31,900 for the construction of
the proposed improvements. Subsequently, on July 28, 2014, the CVAG Executive
Committee reviewed and approved the City's grant application and awarded the City
$246,200 in federal CMAQ funds allocated to CVAG. Notice of award was provided by letter
from CVAG dated September 2, 2014.
Staff commenced work on the Gene Autry Trail at Vista Chino Improvements, Federal Aid
Project No. CML 5282 (045), City Project No. 14-13, (the "Project") in 2015, and requested
proposals from its various on-call engineering firms to provide environmental and
engineering design services for the Project. On April 6, 2015, the City received a proposal
from Webb in the amount of $61,600 to provide the requested services, and subsequently
on April 15, 2015, the City Council approved the work proposal and authorized a Purchase
Order to be issued to Webb in accordance with its on-call agreement.
A location map of the Project is illustrated in Figure 1 on the next page.
2
City Council Staff Report
September 5, 2018 --Pag e 3
Award Construction Contract for CP 14-13
Figure 1 -Project Location and 500' Radius
The Project is entirely located within Caltrans State Highway 111. Webb has prepared
construction plans for the Project to Caltrans, which have been approved and permitted.
On July 11 , 2018, the City Council approved the plans , specifications, and estimate, and
authorized staff to solicit bids .
On July 14, 2018 and July 21, 2018 , staff advertised the Project for bids in the Desert
Sun, submitted the Notice Inviting Bids to plan roomsl, and provided the contract
documents free of charge to prospective bidders. On August 16 , 2018 at 3:00 p .m., the
Procurement and Contracting Divis ion received four (4) bids from the following
contractors listed in Table 1:
Company Location Bid Amount
LC Paving and Sealing, Inc. San Marcos , CA $399,437.00
All American Asphalt Corona, CA $407,792.00
Calpromax Engineering , Inc. Placentia, CA $421 ,619.50
Granite Construction Co. Indio , CA $493,394.00
Table 1
The Engineer's estimate for the project as reported to the City Council on July 11, 2018
was $326,500; the low bid of $399,437 is 22 % over estimate. A full bid summary is
included as Attachment 1 .
1 A Plan Room is a "library" where construction professionals may view bidding d ocuments (bluep rints and
specifications) for projects seeking price estimates for specific construction products o r services. Th ere are
9 va ri ous plan rooms in southern California where the City submits its bid documents to ensure all
contractors within the area are aware of th e bid so li citatio n . 3
City Council Staff Report
September 5, 2018 --Page 4
Award Construction Contract for CP 14-13
Bid Analysis
Staff reviewed all bid documents submitted by the apparent low bidder and determined
that LC Paving and Sealing, Inc. complies with the Instructions to Bidders and has
submitted the lowest responsive and responsible bid. Staff recommends that City Council
approve the bid submitted by LC Paving and Sealing, Inc.
Public Works Contractor Registration Law (SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014 ),
unless registered with the State of California Department of Industrial Relations (DIR), a
contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for
public works projects on or after March 1, 2015. Similarly, a public entity cannot award a
public works contract to a non-registered contractor, effective April 1, 2015. Staff has
reviewed the DIR's contractor registration database, and has confirmed that LC Paving and
Sealing, Inc. is registered with the DIR, and is appropriately licensed.
LC Paving and Sealing, Inc. of San Marcos, California, submitted the lowest responsive
bid; staff reviewed the bid and contractor's license, and found the Contractor and its
subcontractors to be properly licensed and qualified. A construction contract with LC
Paving and Sealing, Inc. is included as Attachment 2.
Program Supplemental Agreement No. 048-F
As a condition of CMAQ grant award, the California Department of Transportation
(Caltrans) now requires agencies to meet key delivery deadlines. The City has received
its Authorization to Proceed with Construction, meeting the last milestones per the award
letter. As part of Authorization for Funding, the City of Palm Springs and the State of
California is required to enter into standard agreements in order to receive federal
funding.
The Master Agreement is amended by each successive use of federal funds on a project,
and upon authorization or obligation of the use of federal funds on a project, the City is
provided with a "Program Supplement Agreement", or amendment, to the Master
Agreement.
In light of the City's authorization to proceed with the Construction phase of the Project
using federal CMAQ funds, Caltrans has submitted to the City approval of a Program
Supplement Agreement No. 048-F which will facilitate the City's use of federal funds for
the Project. A copy of the Program Supplement Agreement No. 048-F is included in
Attachment 3 that consists of the letter from Caltrans requesting approval of the Program
Supplement Agreement. Caltrans requires that the City adopt a Resolution approving the
Program Supplement Agreement, included as Attachment 4.
4
City Council Staff Report
September 5, 2018 --Page 5
Award Construction Contract for CP 14-13
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions of
CEQA. In response to that mandate, the Secretary for Resources identified classes of
projects that do not have a significant effect on the environment, and are declared to be
categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails,
and similar facilities (this includes road grading for the purpose of public safety) involving
a minor alteration of existing public or private structures or facilities; therefore, the Gene
Autry Trail at Vista Chino Improvements, City Project No. 14-13, is considered
categorically exempt from CEQA, and a Notice of Exemption has been be prepared and
filed with the Riverside County Clerk prior to construction.
The Project is partially funded by federal funds, requiring local oversight by Caltrans. As
a federally funded project, the Project is subject to environmental review pursuant to the
National Environmental Policy Act (NEPA). On November 2, 2017, Caltrans, acting as
the lead agency pursuant to NEPA, made an environmental determination that the Project
does not individually or cumulatively have a significant impact on the environment as
defined by NEPA and is excluded from the requirements to prepare an Environmental
Assessment (EA) or Environmental Impact Statement (EIS) and there are no unusual
circumstances pursuant to Section 6004 of 23 CFR 771.117(b). On the basis of this
determination under federal delegation pursuant to Chapter 3 of Title 23, United States
Code, Section 326 and a Memorandum of Understanding (MOU) dated June 7, 2013,
executed between the Federal Highway Administration (FHWA) and the State of
California, Caltrans has determined that the Project qualifies for a Categorical Exclusion
in accordance with 23 CFR 771.117(c) pursuant to activity (c)(3). A copy of the NEPA
Categorical Exclusion is contained within the project files.
FISCAL IMPACT:
The City has received a federal CMAQ grant of $246,000 for the Project which is allocated
to the construction phase. All preliminary environmental and engineering design phase
work was funded with local Measure A funds. The City has allocated $400,000 budget
from the Local Measure A Fund (Fund 134) for the Project.
Approval of the Program Supplement Agreement No. 048-F with Caltrans will formally
authorize the disbursement and use of up to $246,000 in federal-aid funds for the Project.
These funds will be allocated to the project fund Capital Project Fund (Fund 261) in
Account No. 261-4491-50329.
5
City Counci l Staff Report
September 5, 2018 --Pag e 6
Award Construction Contract fo r CP 14-13
Th e overall budget and incurred and proposed expenditures are listed in T able 2.
Table of Project Costs Amount
CMAQ Federal Aid Grant $2 46 ,0 00
Measure A Fund $400 ,0 00
Design Services ($86,450)
Project Administration (through 8/24/18) ($12,6 14)
Project Administration (Estimated) {$25,000)
Construction Engin eerin g ($60 ,000)
Construction ($399,437)
Contingency ($5 0,000)_
Remaining Balance $12,499
Table 2
Sufficient funds are budgeted and avai labl e to award the construction co ntrac t i n the
amount of $399,437 from the following accounts:
261 -4491-50329;
134-4498-50329;
SUBM ITTED :
$24 1,000
$158,437
Marcus L. Fuller, MPA, P.E ., P.L.S .
Assistant City Manager
Attachments:
1. Bid Summary
2. Construction Contract
3. Program Supplemental Agreement
4. Resolution
·~::?~
David H. Ready , Esq.,:O .
C ity Manager
6
Attachment 1
7
Item No. ITEM DESCRIPTION QUANTITY
1 MOBILIZATION 1
2 TEMPORARY TRAFFIC CONTROL 1
3 WATER POLLUTION CONTROL 1
4 CLEARING, GRUBBING AND REMOVALS 1
5 SAWCUT EXISTING PAVEMENT 1,160
6 COLD PLANE EXISTING PAVEMENT 1,080
7 INSTALL 5" ASPHALT CONCRETE 320
8 CONSTRUCT 4" CLASS AGGREGATE BASE 125
9 CONSTRUCT TYPE A 1·6 CURB CAL TRANS 1,120 PLAN RSPA87
10 CONSTRUCT ASPHALT OVERLAY 14,050
11 ADJUST SEWER MANHOLE TO GRADE 2
12 CONSTRUCT 4" CLASS 3 CONCRETE 1,075
13 SURVEY MONUMENT TIE-IN 1
14 INSTALL SIGNS, STRIPING, THERMOPLASTIC 1 MARKING, AND RAISED MARKERS
15 INSTALL STANDARD SIZE SIGN ON SIGNAL 3 MAST ARM
16 INSTALL HYBRID VIDEO/RADAR DETECTION 1 CAMERA ON LUMINAIRE OR MAST ARM
REMOVE EXISTING TRAFFIC SIGNAL
17 CONDUCTORS. INSTALL ALL NEW 1
CONDUCTORS.
REMOVE AND SALVAGE EXISTING BICYCLE
18 PUSH BUTION. SEAL POLE IN WATERPROOF 2
MANNER
19 INSTALL SIGNS PER CITY STANDARD DWG. 1 621
REMOVE AND SALVAGE EXISTING
20 PEDESTRIAN SIGNAL HEADS. INSTALL 8
COUNTDOWN PEDESTRIAN SIGNAL HEADS.
REMOVE AND SALVAGE EXISTING
21 PEDESTRIAN PUSH BUTIONS. INSTALL APS 8
PUSHBUTION
22 CONSTRUCTION PROJECT IDENTIFICATION 1 SIGN
23 CAL TRANS ENCROACHMENT PERMIT 1
24 FIELD CHANGE ORDERS 1
GENE AUTRY AT VISTA CHINO 2ND LEFT TURN LANE
CITY PROJECT-CP 14-13: BID SUMMARY
UNIT LC Paving All American Asphalt
UNITPR. AMOUNT UNIT PR. AMOUNT
LS $12,000.00 $12,000.00 $14,879.50 $14,879.50
LS $30,000.00 $30,000.00 $29,000.00 $29,000.00
LS $3,500.00 $3,500.00 $8,700.00 $8,700.00
LS $40,000.00 $40,000.00 $20,600.00 $20,600.00
LF $2.50 $2,900.00 $4.00 $4,640.00
SF $5.75 $6,210.00 $0.75 $810.00
TON $127.60 $40,832.00 $151.00 $48,320.00
CY $93.00 $11,625.00 $148.00 $18,500.00
LF $32.10 $35,952.00 $27.00 $30,240.00
SF $2.53 $35,546.50 $1.45 $20,372.50
EA $950.00 $1,900.00 $3,160.00 $6,320.00
SF $10.50 $11,287.50 $29.00 $31,175.00
EA $5,000.00 $5,000.00 $530.00 $530.00
LS $15,000.00 $15,000.00 $24,300.00 $24,300.00
EA $930.00 $2,790.00 $315.00 $945.00
LS $51,700.00 $51,700.00 $49,000.00 $49,000.00
LS $38,918.00 $38,918.00 $42,000.00 $42,000.00
EA $638.00 $1,276.00 $260.00 $520.00
EA $550.00 $550.00 $3,900.00 $3,900.00
EA $930.00 $7,440.00 $950.00 $7,600.00
EA $1,740.00 $13,920.00 $1,600.00 $12,800.00
LS $1,450.00 $1,450.00 $3,000.00 $3,000.00
AL $1,640.00 $1,640.00 $1,640.00 $1,640.00
AL $28,000.00 $28,000.00 $28,000.00 $28,000.00
TOTAL= $399,437.00 TOTAL= $407,792.00
1 2
Calpromax Engineering Granite
UNIT PR. AMOUNT UNIT PR. AMOUNT
$24,000.00 $24,000.00 $15,000.00 $15,000.00
$6,000.00 $6,000.00 $45,000.00 $45,000.00
$2,600.00 $2,600.00 $1,400.00 $1,400.00
$52,000.00 $52,000.00 $76,389.00 $76,389.00
$3.60 $4,176.00 $2.50 $2,900.00
$3.17 $3,423.60 $6.50 $7,020.00
$129.38 $41,401.60 $185.00 $59,200.00
$100.00 $12,500.00 $130.00 $16,250.00
$44.00 $49,280.00 $25.00 $28,000.00
$1.55 $21,777.50 $3.40 $47,770.00
$2,400.00 $4,800.00 $3,000.00 $6,000.00
$10.00 $10,750.00 $9.00 $9,675.00
$5,544.00 $5,544.00 $500.00 $500.00
$27,504.00 $27,504.00 $23,000.00 $23,000.00
$600.00 $1,800.00 $200.00 $600.00
$47,000.00 $47,000.00 $70,000.00 $70,000.00
$48,000.00 $48,000.00 $27,000.00 $27,000.00
$360.00 $720.00 $450.00 $900.00
$5,451.60 $5,451.60 $250.00 $250.00
$924.00 $7,392.00 $1,300.00 $10,400.00
$1,682.40 $13,459.20 $2,000.00 $16,000.00
$2,400.00 $2,400.00 $500.00 $500.00
$1,640.00 $1,640.00 $1,640.00 $1,640.00
$28,000.00 $28,000.00 $28,000.00 $28,000.00
TOTAL= $421,619.50 TOTAL= $493,394.00
3 4
8
Attachment 2
9
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 5th day of September, 2018, by and between the City of Palm
Springs, a charter city, organized and existing in the County of Riverside, under and by virtue
of the laws of the State of California, hereinafter designated as the City, and LC Paving and
Sealing, Inc., a California corporation hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 --THE WORK
For and in consideration of the payments and agreements to be made and performed by City,
Contractor agrees to furnish all materials and perform all work required to complete the Work
as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s)
for the Project entitled:
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT N0.14-13
FEDERAL AID PROJECT NO. CMLN 5282 (045)
The Work comprises the addition of a turn lane on the south side of the intersection of Gene
Autry Trail and Vista Chino/111. The work includes removing existing improvements within the
limits of work and replacing them with new pavement and median improvements, adding new
overlay on the west side of the intersection, new striping and traffic signal improvements
related to the new lane.
ARTICLE 2 --COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of
requiring any such proof, the City and the Contractor agree that as liquidated damages or
delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section
6-9 of the Special Provisions for each calendar day that expires after the time specified in
Article 2, herein. In executing the Agreement, the Contractor acknowledges it has
reviewed the provisions of the Standard Specifications, as modified herein, related to
liquidated damages, and has made itself aware of the actual loss incurred by the City due
to the inability to complete the Work within the time specified in the Notice to Proceed.
Termination Prior to Expiration of Term. City may terminate this Agreement for its
convenience at any time, without cause, in whole or in part, upon giving Contractor thirty
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT NO. 14-13
SEPTEMBER 5, 2018
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 1
10
(30) days written notice. Where termination is due to the fault of Contractor and constitutes
an immediate danger to health, safety, and general welfare, the period of notice shall be
such shorter time as may be determined by the City. Upon such notice, City shall pay
Contractor for Services performed through the date of termination in accordance with the
Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all
work under this Agreement, unless stated otherwise in the notice or by written authorization
of the Contract Officer. After such notice, Contractor shall have no further claims against
the City under this Agreement. Upon termination of the Agreement under this section,
Contractor shall submit to the City an invoice for work and services performed prior to the
date of termination.
ARTICLE 3 --CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is Three Hundred Ninety Nine Thousand Four
Hundred Thirty Seven Dollars ($399.437.00).
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 --THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California Department
of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing
Wages, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion
Declaration, Equal Employment Opportunity Certification, Debarment and Suspension
Certification, Non-Lobbying Certification for Federal-Aid Contracts, Disclosure of Lobbying
Activities, Bid Security or Bid Bond, Bidder's General Information, Exhibit 15G Local Agency
Bidder DBE Commitment, Exhibit 15H DBE Information-Good Faith Efforts, Public Contract
Code Section 10285.1 Statement, Public Contract Code Section 10162 Questionnaire, Public
Contract Code Section 1 0232 Statement, this Agreement, Worker's Compensation
Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions,
the Drawings, Addenda numbers Q to Q, inclusive, and all Change Orders and Work Change
Directives which may be delivered or issued after the Effective Date of the Agreement and
are not attached hereto.
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT NO. 14-13
SEPTEMBER 5. 2018
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 2
11
The Contract Documents shall also incorporate those certain required federal contract
provisions and the Federal Requirements for Federal-Aid Construction Projects (Form FHWA
1273), included in Exhibit "A" attached hereto and made a part hereof.
ARTICLE 5 --MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for the
above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract
Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6--PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 --NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, it shall be deemed to have been validly given if delivered in person
to the individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 8 --INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT NO. 14-13
SEPTEMBER 5, 2018
. AGREEMENTFORM
AGREEMENT AND BONDS -PAGE 3
12
Prevailing Wages. Contractor agrees to fully comply with all applicable federal and
state labor laws including, without limitation California Labor Code Section 1720, et
seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or
non-payment of prevailing wages under California law, and Contractor hereby agrees to
defend, indemnify, and hold the City, its officials, officers, employees, agents and
volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws.
ARTICLE 9 --CONFLICT OF INTEREST
Conflict of Interest. Contractor acknowledges that no officer or employee of the City has
or shall have any direct or indirect financial interest in this Agreement nor shall Contractor
enter into any agreement of any kind with any such officer or employee during the term
of this Agreement and for one year thereafter. Contractor warrants that Contractor has
not paid or given, and will not pay or give, any third party any money or other consideration
in exchange for obtaining this Agreement.
ARTICLE 10--NON-DISCRIMINATION
Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression,
physical or mental disability, or medical condition (each a "prohibited basis"). Contractor
shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City's
lawful capacity to enter this Agreement, and in executing this Agreement, Contractor
certifies that its actions and omissions hereunder shall not incorporate any discrimination
arising from or related to any prohibited basis in any Contractor activity, including but not
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; and further, that Contractor is in full
compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
ARTICLE 11 --MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the written consent
of the party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT NO. 14-13
SEPTEMBER 5, 2018
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 2
13
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT NO. 14-13
SEPTEMBER 5, 2018
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 3
14
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
By ________________________ __
ATTEST:
David H. Ready
City Manager
By ________________________ __
Anthony J. Mejia, MMC
City Clerk
APPROVED AS TO FORM:
By ________________________ __
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By __________________________ _
Marcus Fuller,
Assistant City Manager/City Engineer
APPROVED BY THE CITY COUNCIL:
Date ______________ _
Agreement No. ____ __
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT NO. 14-13
SEPTEMBER 5, 2018
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 4
15
CONTRACTOR
By: LC Paving and Sealing. Inc .. a California Corporation
Firm/Company Name
By: _____________ _ By: _____________ _
Signature (notarized) Signature (notarized)
Name: _____________ _ Name: ______________ _
Title: Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of _____ __...
County of _______ _.ss
On _______________ _
before me,-------------
personally appeared ----------
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)
State of _____ ----~..
County of _______ ....~.ss
On ________________ ___
before me,-------------
personally appeared ----------
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT NO. 14-13
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 2
SEPTEMBER 5, 2018
16
EXHIBIT "A"
Federal Requirements
for
Federal-Aid Construction Projects
{Form FHWA 1273),
Female and Minority Goals,
Federal Trainee Program,
Title IV Assu·rances
FOLLOWS THIS PAGE
GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES
CITY PROJECT NO. 14-13
SEPTEMBER 5, 2018
AGREEMENT FORM
AGREEMENT AND BONDS -PAGE 3
17
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language~ with minor edits. was taken trom the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ..................................................................... 2
A. DBE COJ\tiMITM ENT SUBMITTAL .................................................................................. 2
B. GOOD FAITH EFFORTS SUBMITTAL ............................................................................. 2
C. EXHIBIT 15-G-CONSTRUCTION CONTRACT DBE COMMITMENT ................................... 3
D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS ................. 3
F. PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES ..................................... 4
2. BID OPENING ......................................................................................................................... 5
3. BID RIGGING .......................................................................................................................... 5
4. CONTRACT AWARD ................................................................................................................ 5
5. CONTRACTOR LICENSE .......................................................................................................... 5
6. CHANGED CONDITIONS .......................................................................................................... 5
A. DIFFERING SITE CONDITION ........................................................................................ 5
B. SUS PENS IONS OF WORK ORDERED BY THE ENG IN EE R .................................................. 5
C. SIGNIFICANT CHANGES IN THE .CHARACTER OF WORK. ............................................... 6
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES .............................. 6
8. BUY Al\tlERICA ........................................................................................................................ 6
FlJRNISH STEEL AND IRON 1\-IATERIALS ID BE INCORPORATED INTO TilE \VORK\VITII CffiTIFICATIS OFCOMPLIANCF..
STEEL AND IRON MATERIALS MUST BE PRODUCED 11\ TilE U.S. EXCEPT ............................................................. 6
9. QUALITY ASSURANCE ............................................................................................................. 6
10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS ............................................. 7
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS .................... 7
12. FEJ\tlALE AND MINORITY GOALS ............................................................................................ 18
13. TITLE VI ASSURANCE. ............................................................................................................ 20
14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) ........................................ 21
15. FEDERAL TRAINEE PROGRAM ................................................................................................ 22
Page 1 of23
January 2018
18
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
Under 49 CFR 26.13(b):
The contractor. subrecipient or subcontractors hall not discriminate on the basis of race. color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract. which may result in the termination of this contract or such
other remedy as the recipient deems appropriate.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).
To ensure equal participation of DBEs provided in 49 CFR 26.5. the Agency shov.·s a goal tor DBEs.
Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
Meet the DBE goal shO\\>TI elsewhere in these special provisions or demonstrate that you made adequate good faith
efforts to meet this goal.
It is your responsibility to veritY that the DBE firm is certified as DBE at date of bid opening. For a list ofDBEs certified
by the California Unified Certification Program. go to: http://''" ''·dol.ca.!.W\ ihq/beD!find ecrtiticd.htm.
All DBE participation will count toward the California Department ofTransportation's federally mandated statewide
overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are obtained fi·om a DBE regular dealer.
• Only fees, commissions, and charges tor assistance in the procurement and delivery of materials or
supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55
defines "manufacturer" and "regular dealer."
You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful
fi.mction as defined in 49 CFR 26.55(d)( I) through (4) and (6).
a. DBE Commitme11t Submittal
Submit the E\'hibit 15-G Construction Contract DB£ Commitment form. included in the Bid book. If the form is not
submitted with the bid, remove the form from the Bid book before submitting your bid.
If the DBE Commitment form is not submitted with the bid. the apparent low bidder, the 2nd low bidder, and the 3rd low
bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received
by the Agency no later than 4:00 p.m. on the 5th calendar day after bid opening.
Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests
you to submit a DBE Commitment form. submit the completed form within 5 calendar days of the request.
Submit wTitten confirmation from each DBE stating that it is participating in the contract. Include confirmation with the
DBE Commitment form. A copy of a DBE's quote will serve as \\ITitten confirmation that the DBE is participating in the
contract.
If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid nonresponsive.
b. Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the DBE Information -Cood Faith Efforts. Exhibit 15-H, form
with the bid showing that you made adequate good faith etlorts to meet the goal. Only good faith etlorts directed
towards obtaining participation by DBEs will be considered. If good faith eflorts documentation is not submitted with
the bid, it must be received by the Agency no later than 4:00 p.m. on the 5th calendar day after bid opening.
If your DBE Commitment form shows that you have met the DBE goal or if you arc required to submit the DBE
Commitment form, you must also submit good faith etlorts documentation within the specified time to protect your
eligibility tor award ofthe contract in the event the Agency finds that the DBE goal has not been met.
Page 2 of23
January 2018
19
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Cbod faith etlorts documentation must include the ftlllowing int(mnation and supporting documents.as necessary:
I. Items of work you have made available to DBE linn'i. ldentit)' those items of work you might
otherwise perform with yourown forces and those items that have been broken down into
economically feasible units to facilitate DBE participation. For each item listed. show the dollar value
and percentage of the total contract. It is your responsibility to demonstrate that suflicient work to
meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on \vhich they \vere solicited to bid on the project. Include the
items of work oflered. Describe the methods used for following up initial solicitations to determine
with certainty if the DBEs were interested. and the dates of the follow-up. Attach supporting
documents such as copies of letters. memos. facsimiles sent. telephone logs, telephone billing
statements. and other evidence of solicitation. You are reminded to solicit certified DBEs through all
reasonable and available means and provide sullicient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE lor each item of work made available. Include name.
address. and telephone number of each DBE that provided a quote and their price quote. If the firm
selected tor the item is not a DBE. provide the reasons lor the selection.
4. Name and date of each publication in which you requested DBE participation tor the project. Attach
copies of the published ad·vertisemcnts.
5. Names of agencies and dates on which they were contacted to provide assistance in contacting.
recruiting. and using DBE firms. If the agencies were contacted in writing. provide copies of
supporting documents.
6. List of efforts made to provide interested DBEs with adequate information about the plans.
specitications, and requirements of the contract to assist them in responding to a solicitation. If you
have provided in formation, identifY the name of the DBE assisted. the nature of the information
provided, and date of contact. Provide copies of supporting documents. as appropriate.
7. List of etlorts made to assist interested DBE.<i in obtaining bonding. lines of credit. insurance.
necessal)' equipment. supplies. and materials. excluding supplies and equipment that the DBE
subcontractor purchases or leases fi·om the prime contractor or its afliliate. If such assistance is
provided by you, identif)' the name of the DBE assisted. nature of the assistanceotlered. and date
assistance was provided. Provide copies of supporting documents. as appropriate.
8. Any additional data to support demonstration of good faith etlorts.
The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder
made good faith efforts to meet the DBE goal.
c. Exhibit 15-G-Construction Contract DBE Con1mitment
Complete and sign E"\hibit 15-G Construction Colllract DBE Commitment included in the contract documents regardless
ofwhether DBE participation is reported.
Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote
serves as written confirmation. If a DBE is participating as a joint venture partner. the Agency encourages you to submit
a copy of the joint venture agreement.)
d. Subcontractor and Disadvantaged Business Enterprise Records
Use each DBE subcontractoras listed on E"\hibit 12-B Bidder's List of Subcontractors (DBE and Non-DB!:.) and E"\hibit
15-G Construction Contract DBE Commitment form unless you receive authorization tor a substitution.
The Agency requests the Contractor to:
I. Not if)· the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the atlccted work
3. Maintain records including:
• Name and business address ofeach JS 1-tier subcontractor
Page 3 of23
January 2018
20
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
• Name and business address ofeach DBE subcontractor. DBE vendor. and DBE trucking
company. regardless of tier
• Date of payment and total amount paid to each business
If you are a DBE contractor. include the date of work performed by your O\\n forces and the corresponding value of the
work.
Before the 15th of each month, submit a Monthly DBE Trucking Verification form.
If a DBE is decertified before completing its work. the DBE must not if)' you in writing of the decertification date. If a
business becomes a certified DBE before completing its work. the business must notif)' you in writing of the certification
date. Submit the notifications. On work completion. complete a Disadvantaged Business Enterprises (DBE)
Certification Status Change. E'\hibit 17-0. fiJrm. Submit the form within 30 days of contract acceptance.
Upon work completion. complete E\'hibit 17-F Final Report-Utili=ation of Disadvantaged Business Enterprises (DB£).
First-Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold $10.000 until the
form is submitted. The Agency releases the withhold upon submission of the completed form.
e. Performallce of Disadva11tagetl Business Enterprises
DBEs must perform work or supply materials as listed in the E\'hibit 15-G Construction Contract DB£ Commitment
form. included in the Bid.
Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain
materials fi·om other sources without authorization from the Agency.
The Agency authorizes a request to usc other forces or sources of materials if it shows any of the following justifications:
1. Listed DBE tails or refuses to execute a written contract based on plans and specifications tor the
project.
2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE tails to meet
your bond requirements.
3. Work requires a contractor's license and listed DBE docs not have a valid license under Contractors
License Law.
4. Listed DBE tails or refuses to perfi.1rn1 the work or furnish the listed materials.
5. Listed DBE's work is unsatis lactol)· and not in compliance \vith the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insoh·ent.
8. Listed DBE voluntarily withdraws with \\Titten notice fi·om the Contract
9. Listed DBE is ineligible to receive credit tor the type of work required.
10. Listed DBE O\'mer dies or becomes disabled resulting in the inability to perform the work on the
Contract.
11. Agency determines other documented good cause.
NotifY the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE
with 5 days to respond to your notice and advise you and the Agency of the reasons why the usc of other forces or
sources of materials should not occur. Your request to use other forces or material sources must include:
I. One or more of the reasons listed in the preceding paragraph.
2. Notices fi·om you to the DBE regarding the request.
3. Notices fi·om the DBEs to you regarding the request.
If a listed DBE is terminated or substituted. you must make good faith ellorts to find anotherDBE to substitute tor the
original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the
contract to the e~ent needed to meet the DBE goal.
Page 4 of23
January 2018
21
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
The substitute DBE must be certified as a DBE at the time of request lor substitution Unless the Agency authorizes (I) a
request to use other forces or sources of materials or (2) a good faith efi(Jrt tor a substitution ofa terminated DBE. the
Agency does not pay for work listed on the E\hibit 15-G Consrrucrion Conrracr DBE Commirmenr form unless it is
performed or supplied by the listed DBE or an authorized substitute.
2. BID OPENING The Agency publicly opens and reads bids at the time and place shO\m on the i\'otice to Contractors.
3. BID RIGGING The U.S. Department ofTransportation (DOT) provides a toll-ti·ee hot line to report bid rigging
activities. Use the hotline to report bid rigging. bidder collusion. and other fraudulent activities. The hotline number is
(800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous .. The hotline is part
of the DOT's eflort to identit)· and investigate highway construction contract fraud and abuse and is operated under the
direction ofthe DOT lnspectorGeneral.
4. CONTRACT A WARD Ifthe Agency awards the contract. the award is made to the lowest responsible and
responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor ttum contract award through Contract acceptance (Public
Contract Code § 10164).
6. CHANGED CONDITIONS
a. Differing Site Cotulitions
I. During the progress of the work. if subsurface or latent physical conditions are encountered at the site
ditlering materially from those indicated in the contract or if unknown physical conditions of an unusual
nature. ditlering materially from those ordinarily encountered and generally recognized as inherent in the
work provided for in the contract. are encountered at the sit e. the party discovering such conditions shall
promptly not if)' the other party in writing of the specific ditlering conditions before the site is disturbed and
before the atlected work is performed.
2. Upon \Hitten notification. the engineer will investigate the conditions. and if it is determined that the
conditions materially diller and cause an increase or decrease in the cost or time required tor the
performance of any work under the contract. an adjustment. excluding anticipated pro tits. will be made and
the contract modified in \\Tiling accordingly. The engineer will notify the contractor of the determination
whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractorwill be allowed unless the contractor has
provided the required written notice.
4. No contract adjustment will be allowed under this clause for any etlects caused on unchanged work. (This
pro vis ion may be omitted by the Local Agency. at their option.)
b. Suspensions of Work Ordered by tile Engineer
I. If the performance of all or any portion ofthe work is suspendedordelayed by the engineer in writing for
an unreasonable period of time (not originally anticipated. customary. or inherent to the construction
industry) and the contractor believes that additional compensation and/or contract time is due as a result of
such suspension or delay. the contractor shall submit to the engineer in \\-Tiling a request tor adjustment
within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and
support for such adjustment.
2. Upon receipt. the engineer will evaluate the contmctor's request. If the engineer agrees thatthe cost and/or
time required tor the performance of the contract has increased as a result of such suspension and the
suspension was caused by conditions beyond the control of and not the fault of the contractor. its suppliers.
or subcontmctors at any approved tier. and not caused by weather. the engineer will make an adjustment
(excluding profit) and mod it)· the contract in writing accordingly. The contractor will be notified of the
engineer's determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request tor adjustment
within the time prescribed.
Page 5 of 23
January 2018
22
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
-1. No contract adjustment will be allowed under this clause to the e~ent that perfonnance would have been
suspended or delayed by any other cause. or tor which an adjustment is provided or excluded under any
other tenn or condition of this contract.
c. Sig11ijica11t Clla11ges ill tile Character of Work
I. The engineer reserves the right to make. in \\Titing. at any time during the work. such changes in quantities
and such alterations in the \vork as are neccssal)" to sat is lactorily complete the project. Such changes in
quantities and alterations shall not invalidate the contract nor release the surety .and the contractor agrees to
pertonn the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract.
whether such alterations or changes arc in themselves significant changes to the character of the work or by
atlecting other work cause such other work to become significantly ditlerent in character. an adjustment.
excluding anticipated profit. will be made to the contract. The basis tor the adjustment shall be agreed upon
prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made
either tor or against the contractor in such amount as the engineer may detennine to be lair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be
perfonned under the contract. the altered work will be paid for as provided elsewhere in the contract.
4. The tenn "significant change" shall be construed to apply only to the following circumstances:
• When the character of the work as altered ditlers materially in kind or nature fi·om that involved or
included in the original proposed construction: or
• When a major item of work. as defined elsewhere in the contracL is increased in excess of 125 percent
or decreased below 75 percent of the original contract quantity. Any allowance for an increase in
quantity shall apply only to that portion in excess of I25 percent of original contract item quantity, or
in case of a decrease below 75 percent. to the actual amount of work pertonned.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall begin work within I5 calendar days after the issuance ofthe Notice to Proceed.
This work shall be diligently prosecuted to <..'Ompletion before the expiration ofTEN ( 10) WORKING DAYS
beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City/County Palm Springs the sum of$ 1,900 per day. tor each
and every calendar days' delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and
certified mill test reports. Mill test reports must indicate where the steel and iron were melted and
manufactured. Steel and iron materials must be produced in the U.S. except:
I. Foreign pig iron and processed. pelletized. and reduced iron ore may be used in the domestic
production of the steel and iron materials [60 Fed Reg 15478 (03/24/I995)]:
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or
$2.500. materials produced outside the U.S. may be used.
Production includes:
I. Processing steel and iron materials. including smelting or other processes that alter the physical tonn
or shape (such as rolling. e:\lruding. machining. bending. grinding. and drilling) or chemical
composition;
2. Coating application, including epo~y coating. galvanizing. and painting. that protects or enhances the
value of steel and iron materials.
9. QUALITY ASSURANCE
The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract.
Page 6 of23
January 2018
23
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
You may examine the records and reports of tests the Agency performs if they are available at the job site.
Schedule work to allow time tor QAP.
10. PROMPT PA YMENTOF FUNDS WITHHELD TO SUBCONTRACfORS
The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of
portions.as determined by the agency. of the contract work. and pay retain age to the prime contractor based on these
acceptances. The prime contractor. or subcontractor. shall return all monies withheld in retention from a subcontractor
within 30 days alter receiving payment for work satisfactorily completed and accepted including incremental
acceptances ofportions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or
postponement of payment over 30 days may take place only tor good cause and with the agency·s prior written approval.
Any violation of this provision shall subject the dolating prime contractor or subcontractorto the penalties. sanctions
and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual. administrative. or judicial remedies otherwise available to the prime
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor.
deficient subcontract performance, or noncompliance by a subcontractor.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACfS
(Excluding ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACrS)
!The following 10 pages must be physically inserted into the contract without modification.]
FHVVA-1273 --Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Page 7 of23
January 2018
24
Local Assistance Procedures Manual
I. General
II. Nondiscrimination
Ill. No segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract \,1\brk Hours and Safety StandardsAct Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False StatementsConceming Highway Projects
IX. lmplementationofCieanAirAct and Federal Water Pollution
Control Act
X. Com pi iance with Government wide Suspension and Debarment
Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development
Highway System or Appalachian Local Access Road Contracts
(included in Appalachian contractsonly)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding emergency
contractsrolely intended fordebrisremoval). The contractor(or
subcontractor) must insert this form in each subcontract and further
require its inclusion in alllowertiersubcontracts(excluding purchase
orders. rental agreements and otheragreementsfor supplies or
services).
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or
agreement for other services. The prime contractor shall be responsible
forcompliance by any subcontractor,lower-tiersubcontractororservice
provider.
Form FHWA-1273 must be included in all Federal-aid design-build
contracts, in all subcontracts and in lowertiersubcontracts(excluding
subcontracts for design services, purchase orders. rental agreements
and otheragreementsforsuppliesorservices). The design-buildershall
be responsible for compliance by any subcontractor. lower-tier
subcontractororservice provider.
Contracting agencies may reference Form FHWA-1273 in bid proposal
or request for proposal documents, however. the Form FHWA-1273
must be physically incorporated (not referenced) in all contracts,
subcontracts and lower-tiersubcontracts(excluding purchase orders.
rental agreements and other agreements for sup pi iesor services rei a ted
to a construction contract).
2. Subject to the applicability criteria noted in the following sections,
these contract provisions shall apply to all work performed on the
contract by the contractor'sown organization and with the assistance
ofworkers underthe contractor'simmediatesuperintendenceand to
all work performed on the contract by piecework. station work. or by
subcontract.
3. A breach of any of the stipulationscontained in these Required
Contract Provisionsmay be sufficient groundsforwithholding of
progress payments, withholding of final payment, termination of the
contract. suspension I debarment or any other action determined to
be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During theperformanceofthiscontract. the
contractor shall not use convict labor for any purpose within the limits
of a construction project on a Federal-aid highway unless it is labor
performed by convicts who are on parole, supervised release. or
probation. The term Federal-aid highway does not include roadways
functionally classified aslocal roadsorrural minorcollectors.
Exhibit 12-G
Required Federal-Aid Contract Language
II. NONDISCRIMINA110N
The provisionsofthissection related to 23 CFR Part 230 are applicable
to all Federal-aid construction contracts and to all related construction
subcontracts of $10.000 or more. The provisionsof 23 CFR Part 230
are not applicable to material supply, engineering, or architectural
service contracts.
In addition, the contractor and all subcontractors must comply with the
following policies: Executive Order 11246,41 CFR 60, 29 CFR 1625-
1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794 ), Titie VI of the Civil Rights Act of 1964, as
amended,and related regulationsincluding49 CFR Parts21, 26 and
27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractorsmust comply with: the
requirementsofthe Equal Opportunity Clause in 41 CFR 60-1.4(b) and.
for all construction contractsexceeding $10.000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
Note: The U.S. Department of Labor hasexclusive authority to
determine compliance with Executive Order 11246 and the policies of
the Secretary oflaborincluding41 CFR 60, and 29 CFR 1625-1627.
The contracting agency and the FHWA have the authority and the
responsibility to ensure compliance with Title 23 USC Section 140, the
Rehabilitation Act of 1973. as amended (29 USC 794), and Title VI of
the Civil RightsAct of 1964, as amended, and related regulations
including49 CFR Parts 21, 26 and 27; and 23 CFR Parts200, 230, and
633.
The following provision isadopted from 23 CFR 230, Appendix A, with
appropriate revisions to conform to the U.S. Department of Labor (US
DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment opportunity
(EEO) requirements not to discriminate and to take affirmative action to
assure equal opportunity asset forth under laws, executive orders.
rules, regulations(28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41
CFR 60 and 49 CFR 27)and orders of the Secretary of Labor as
modified by the provisions prescribed herein. and imposed pursuant to
23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activitiesunderthiscontract. The
provisions of the Americans with OisabilitiesAct of 1990 (42 U.S.C.
12101 et seq.) set forth under28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract. In the execution of this
contract, the contractoragreesto comply with the following minimum
specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal
Government to ensure that it has made every good faith effort to
provide equal opportunity with respect to all of its term sand
condit1onsof employmentand in their review of activitiesunderthe
contract.
b. The contractor will accept asitsoperating policy thefollo.ving
statement:
"It is the policy of this Company to assure that applicantsare employed,
and thatemployeesare treated during employment without regard to
their race, religion, sex, color, national origin, age ordisability. Such
action shall include: employment. upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay
or otherformsofcompensation; and selection fortraining, including
apprenticeship. pre-apprenticeship, and/or on-the-job training."
FI-IVVA-1273 --Revised May 1, 2012
Page 8 of 23
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2. EEO Officer: The contractor will designate and make know n to
the contracting officers and EEO Officer who will have the
responsibility for and rrust be capable of effectively administering
and prorroting and active EEO program and who must be assigned
adequate author~y and responsibil~y to do so.
3. Dissemination of Policy: All mentlers of the contractor's staff
who are authorized to hire, supervise, prorrote, and discharge
employees, or who recommend such action, or w ho are
substantially involved in such action, will be made fully cognizant of,
and will implement, the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six rronths, at which time the
contractor's EEO policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel office employees will be given
a thorough indoctrination by the EEO Officer, covering all major
aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contracta.
c. All personnelw ho are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will
be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by
means of meetings, employee handbooks, or other appropriate
means.
4. Recruitment Vv'hen advertising for employees. the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity ~Ioyer." All such advertisements will be
placed in publications having a large circulation among minorities
and women in the area fromw hich the projectworkforcewould
normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the
contractor will identify sources of potential minority group
employees, and establishw ith such identified sources
procedures whereby minority and w omen applicants may be
referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, the contractor is
expected to observe the provisions of that agreement to the
extent that the system meets the contractor's compliance with
EEO contract provisions. Vv'here implementation of such an
agreement has the effect of discriminating against ninorities or
women, or obligates the contractor to do the same. such
implementation violates Federal nondiscrimination provisions.
Exhibit 12-G
Required Federal-Aid Contract Language
c. The contractor will encourage its present employees to refer
minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, prorrotion,
transfer, derrotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project s~es to
insure that working cond~ions and employee facilities do not
indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid
w ithin each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel actions
in depth to determine whether there is evidence of discrimination.
Vv'here evidence is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action
shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged
discrimination made to the contractor in connection with its
obligations under this contract, will attempt to resolve such
complaints. and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing
the skills of minorities and women who are applicants for
employment or current employees. Such efforts should be aimed
at developing full journey level status employees in the type of
trade or job classification involved.
b. Consistent with the contractor's work force requirements and as
permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for the geographical area of contract
performance. In the event a special provision for training is
provided under this contract, this subparagraph will be
superseded as indicated in the special provision. The contracting
agency may reserve training positions for persons who receive
welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractorwillperiodically review the training and prorrotion
potential of employees who are minorities and women and will
encourage eligible employees to apply for such training and
prorrotion.
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7. Unions: If the contractor relies in whole or in part upon unions as
a source of employees, the contractor will use good fa~h efforts to
obtain the cooperation of such unions to increase opportun~ies for
minor~ies and women. Actions by the contractor, e~her directly or
through a contractor's association acting as agent, w ill include the
procedures set forth below:
a. The contractorwilluse good fa~h efforts to develop, in
cooperation w ~h the unions, joint training programs aimed
toward qualifying more minor~ies and women for merroership
in the unions and increasing the skills of minor~ies and women
so that they may qualify for higher paying employment.
b. The contractor will use good fa~h efforts to incorporate an EEO
clause into each union agreement to the end that such union
will be contractually bound to refer applicants w ~hout regard to
their race, color, religion, sex, national origin, age or disabil~y.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is w ~hin the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor w ~h a
reasonable flow of referrals w~hin the time limit set forth in the
collective bargaining agreement, the contractor will, through
independent recru~ment efforts, fill the errployment vacancies
w ~hout regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified and/or
qualifiable minor~ies and women. The failure of a union to
provide sufficient referrals (even though~ is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractorfrommeeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractors hall imrrediately notify the
contracting agency.
8. ReasonableAccommodationforApplicants/ Employees
with Disabilities: The contractor must be familiar w ~h the
requirements for and comply with the Americans with Disabilities
Act and all rules and regulations established there under.
B"rployers must provide reasonable accommodation in all
errployment activities unless to do sow ould cause an undue
hardship.
9. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The contractor
shall take all necessary and reasonable steps to ensure
nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor
compliance w ~h their EEO obligations.
Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273 --Revised May 1, 2012
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOTs U.S.
DOT-approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration
of DOT-ass is ted contracts. Failure by the contractor to carry out
these requirements is a material breach of this contract, which
may resu~ in the termination of this contract or such other remedy
as the contracting agency deems appropriate.
11. Records and Reports: The contractor shall keep such records
as necessary to document compliance w ~h the EEO requirements.
Such records shall be retained for a period of three years following
the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for inspection
by authorized representatives of the contracting agency and the
FHWA.
a. The records kept by the contractor shall document the following:
( 1) The nurroer and work hours of minority and non-minority group
merroers and women errployed in eachw orkclassmcation on
the project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities
for minor~ies and women; and
(3) The progress and efforts being made in locating, hiring, training,
qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report
to the contracting agency each July for the duration of the
project, indicating the nurroer of rrinority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Fnrm FHW:\-1391. The staffing data should
represent the project work force on board in all or any part of the
last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor will
be required to collect and report training data. The errployment
data should reflect thew ork force on board during all or any part
of the last payroll period preceding the end of July.
Ill. NONSEGREGATBl FACILITIES
This provision is applicable to all Federal-aid construction contracts
and to all related construction subcontracts of $10,000 or more.
The contractor must ensure that facilities provided for errployees
are provided in such a manner that segregation on the basis of
race, color, religion, sex, or national origin cannot resutt. The
contractor may neither require such segregated use by written or
oral policies nor tolerate such use by errployee custom The
contractor's obligation extends further to ensure that ~s errployees
are not assigned to perform their services at any location, under the
contractor's contrd, where the f acil~ies are segregated. The term
"f acil~ies" includes waiting rooms, work areas, restaurants and
other eating areas, time clocks, restrooms, wash rooms, locker
rooms, and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and
housing provided for errployees. The contractor shall provide
separate or single-user rest rooms and necessary dressing or
sleeping areas to assure privacy between sexes.
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Local Assistance Procedures Manual
IV. DAVIS-BACON AND REI..AT8J ACT PROVISIONS
This section is applicable to all Federal-aid construction projects
exceeding $2,000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size). The requirerrents
apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal-aid highway. This excludes
roadways functionally classified as local roads or rural minor
collectors, which are exerl1Jt. Contracting agencies may elect to
apply these requirerrents to other projects.
The following provisions are from the U.S. Departrrent of Labor
regulations in 29 CFR 5.5 "Contract provisions and related matters"
with minor revisions to conform to the FH'v\IA-1273 format and
FH'vVA program requirerrents.
1. Minimumwages
a. All laborers and rrechanics erl1Jioyed or working upon the site
of thew ork, will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR part 3)). the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at tirre of payrrent
corl1Juted at rates not less than those contained in the wage
determination of the Secretary of Labor w hich is attached hereto
and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such
laborers and rrechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1 (b )(2) of the Davis-Bacon Act on
behalf of laborers or rrechanics are considered wages paid to such
laborers or rrechanics, subject to the provisions of paragraph 1.d.
of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period,
are deemed to be constructively made or incurred during such
weekly period. Such laborers and rrechanics shall be paid the
appropriate wage rate and fringe benefits on thew age
determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be corl1Jensated at the rate specified for each
classification for the tirre actually worked therein: A-ovided, That
the erl1Jioyer's payroll records accurately set forth the time spent in
each classification in which work is performed. Thew age
determination (including any additional classification and wage
rates conformed under paragraph 1.b. of this section) and the
Davis-Bacon poster (V\11-i-1321) shall be posted at all times by the
contractor and its subcontractors at the site of the w ork in a
prominent and accessible placew here it can be easily seen by the
workers.
b. ( 1) The contracting officers hall require that any class of
laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be erl1Jioyed under the contract
shall be classified in conformance with thew age determination. The
contracting officers hall approve an additional classification and
wage rate and fringe benefits therefore only when the following
criteria have been met:
Exhibit 12-G
Required Federal-Aid Contract Language
FH'vVA-1273 --Revised May 1, 2012
(i) The work to be perforrred by the classification requested is not
perforrred by a classification in thew age determination; and
(ii) The classification is utilized in the area by the construction
industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to thew age rates contained in
the wage determination.
(2) If the contractor and the laborers and mechanics to be
erl1Jioyed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits whereappropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator
of the Wage and Hour Division, Errployment Standards
Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be
erl1Jioyed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe
benefits, w here appropriate), the contracting officers hall refer
the questions, including the views of all interested parties and
the recomrrendation of the contracting officer, to the Wage and
Hour Administrator for determination. The Wage and Hour
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(4) Thew age rate (including fringe benefits where appropriate)
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this
section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work
is performed in the classification.
c. Whenever the rrinimum wage rate prescribed in the contract for
a class of laborers or rrechanics includes a fringe benefit w hich
is not expressed as an hourly rate, the contractors hall either
pay the benefit as stated in thew age determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent
thereof.
d. If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of thew ages of
any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, A-ovided, That the Secretary of Labor has found, upon the
written request of the contractor, that the applicable standards of
the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for
the rreeting of obligations under the plan or program.
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2. Withholding
• The contracting agency shall upon its own action or upon written
request of an authorized representative of the Department of Labor,
w ithholcl or cause to be withheld from the contractor under this
contract, or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as
may be considered necessal}' to pay laborers and mechanics.
including apprentices, trainees, and helpers, eJlllloyed by the
contractor or any subcontractor the full amount of wages required
by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper. efTllloyed or
working on the site of the w ark, all or part of thew ages required by
the contract, the contracting agency may, after written notice to the
contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of thew ork and preserved for a
period of three years thereafter for all laborers and mechanics
working at the site of thew ark. Such records shall contain the
name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in
section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made and actualw ages paid.
Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1 )(iv) that thew ages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the
Davis-Bacon Act, the contractor shall maintain records which shON
that the corrvnitment to provide such benefits is enforcealje, that
the plan or program is financially responsible, and that the plan or
program has been conmunicated in writing to the laborers or
mechanics affected, and recordswhichshON the costs anticipated
or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs. the registration of
the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week inw hich
any contract w ark is performed a copy of all payrolls to the
contracting agency. The payrolls submitted shall set out accurat~
and COfTllletely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i), except that full social security numbers
and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually
identifying number for each employee (e.g .. the last four digits of
the employee's social security number). The required weekly payrol
information may be submitted in any form desired. Optional Form
\NH-347 is available for this purpose from the Wage and Hour
Division Web site at
http://www.dol.gov/esamhd/formsmh347instr.htm or its successor
site. The prime contractor is responsible for the submission of
copies of pay rolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
Exhibit 12-G
Required Federal-Aid Contract Language
FHNA-1273 --Revised May 1, 2012
current address of each covered worker, and shall provide them
upon request to the contracting agency for transmission to the
State OOT, the FHNA or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. tt is not a violation
of this section for a prime contractor to require a subcontractor to
provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the
contracting agency.
(2) Each payroll submitted shall be accoJlllanied by a "Statement.
of CofTllliance," signed by the contractor or subcontractor or h1s
or her agent who pays or supervises the payment of the
persons eJlllloyed under the contract and shall certify the
following:
(i) That the payroll for the payroll period contains the information
required to be provided under §5.5 (a)(3)(ii) of Regulations, 29
CFR part 5, the appropriate information is being maintained
under §5.5 (a)(3)(i) of Regulations. 29 CFR part 5, and that such
information is correct and COJllllete;
(ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) efTlJioyed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly. and that no
deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set
forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents
for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(3) Thew eekly submission of a properly executed certification set
forth on the reverses ide of Optional Form \NH-347 shall
satisfy the requirement for submission of the "St~teme~t of
Compliance" required by paragraph 3.b.(2) of th1s section.
(4) The falsification of any of the above certifications may subject
the contractor or subcontractorto civil or criminal prosecution
under section 1001 of title 18 and section231 of title 31 of the
United States Code.
c. The contractor or subcontractors hall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHNA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontracta fails to submit the
required records or to make them available, the FHNA may,
after written notice to the contractor, the contracting agency or
the State DOT. take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore. failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
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4. Apprentices and trainees
a. Apprentices (programs of the USOOL).
Apprentices will be permitted to work at less than the predetermined
rate for thew ork they performed when they are errployed pursuant
to and individually registered in a bona fide apprenticeship program
registered w nh the U.S. Department of Labor, Employment and
Training Administration, Office of Apprentic~ship !raining, Erll>loyer
and Labor Services, or with a State Apprent1cesh1p Agency
recognized by the Office, or if a person is errployed in his or her
first 90 days of probationary employment as an apprentice in ~uch
an apprenticeship program, who is not individually registered_ln th~
program, but who has been certified by the Office of Appr~nt1ce~h1p
Training, Errployer and Labor Services or a State Apprent1cesh1p
Agency (where appropriate) to be eligible for probationary
errployment as an apprentice.
The allow able ratio of apprentices to journeymen on the job sne in
any craft classification shall not be greater than the ratio ~ermitted
to the contractor as to the entire workforce under the reg1stered
program Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise errployed as stated above, shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
addnion, any apprentice performing work on the job sne in exc~ss
of the ratio perrmted under the registered program sha~l b~ pa1d not
less than the applicable wage rate on thew age determnat1on for
thew ork actually performed. Where a contractor is performing
construction on a project in a locality other than that in which. its
program is registered, the ratios and wage rates (~x_pr~ssed 1n
percentages of the journeyman's hourly rate) specified 1n the
contractor's or subcontractor's registered programs hall be
observed.
Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress, ..
expressed as a percentage of the journeymen hourly rate spe_cif1ed
in the applicable wage determination. Apprentices shall be pa1d
fringe benefits in accordance with the ~rovis_ions of the
apprenticeship program If the apprent1cesh1p ~rogramdoes not
specify fringe beneUs, apprentices must be pa1d the full amount of
fringe benefns listed on thew age determination for t~e applicable
classification. If the Adninistrator determines that a different
practice prevails for the applic~ble apprentic~ cl~ssification. fringes
shall be paid in accordance with that determnat1on.
In the event the Office of Apprenticeship Training, Errployer and
Labor Services, or a State Apprenticeship Agency recognized by
the Office, withdrcms approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less .
than the applicable predetermined rate for thew ork perf armed until
an acceptable program is approved.
b. Trainees (programs of the USOOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for thew ork performed
unless they are errployed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and
Training Administration.
Exhibit 12-G
Required Federal-Aid Contract Language
FHVVA-1273 --Revised 1\Aay 1, 2012
The ratio of trainees to journeymen on the job site shall not be
greater than perrmted under the plan approved by the Errployment
and Training Administration.
Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progr~~s, ~xpressed as
a percentage of the journeyman hourly rate specif1e~ 1n t_he
applicable wage determination. Trai~e~s shall be p~id fnnge
benefits in accordancewnh the proviSIOns of the tra1nee program If
the trainee program does not mention fringe beneUs, trainees shall
be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and f-lour
[)vision determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe_benefits
for apprentices. Any errployee listed on the payroll at a tra1nee rate
who is not registered and participating in a training plan approved
by the Errployment and Training Administration shall b~ p~id not
less than the applicable wage rate on thew age det~!mnat1on f~r
the classification of work actually performed. In addition, any tra1nee
performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the
applicable wage rate on thew age deternination for thew ork
actually performed.
In the event the Erll>loyment and Training Administration w ithdJCMts
approval of a training program, the contractor w_ill no longer be
permitted to utilize trainees at less than the ap~hcable
predetermined rate for thew ork performed unt1l an acceptable
program is approved.
c. Equal errployment opportunity. The utilization of apprentice~,
trainees and journeymen under this part shall be in conformity
with the equal errployment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified ~y th~ Secretary o~
Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the requirements
of paragraph 4 of this Section IV. The straight time hourly Yo! age
rates for apprentices and trainees under such ~rograms will_ be
established by the particular programs. The rat1o of apprentiCes and
trainees to journeymen shall not be greater than permitted by the
terms of the particular program
5. Com pliancewith Copeland Act requirements. Th~ contractor
shall corrply with the requirements of 29 CFR part 3, w h1ch are
incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHVVA-1273 in any subcontracts and also require the
subcontractors to include Form FHVVA-1273 in any lower tier
subcontracts. The prime contractor shall be_ responsible for the_
corrpliance by any subcontractor or lower t1er subcontractor with all
the contract clauses in 29 CFR 5.5.
1. Contract termination: debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
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8. Com pliancewith Davis-Baconand Related Act requirements.
All rulings and interpretations of 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 labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Departrrent of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
rreaning of this clause include disputes between the contractor (or
any of its subcontractors) and the contracting agency, the U.S.
Departrrent of Labor, or the employees or their representatives.
1 0. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither
it (nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded
Governrrent contracts by virtue of section 3(a) of the Davis-
BaconActor29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Governrrent contract by virtue of
section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)( 1 ).
c. The penaHy for making false staterrents is prescribed in the U.S.
Criminal Code, 18 U.S. C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
The following clauses apply to any Federal-aid construction contract
in an amount in excess of $100,000 and subject to the overtirre
provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the clauses required
by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and rrechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contractworkwhichmay require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in w hich he
or she is employed on such work tow ork in excess of forty hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in
such workweek.
2. Violation; liability forunpaidwages; liquidated damages. In
the event of any violation of the clause set forth in paragraph ( 1.) of
this section, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Colurrt>ia or
a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph
Exhibit 12-G
Required Federal-Aid Contract Language
FHVVA-1273 --Revised ~y 1, 2012
3. Withholding for unpaid wages and liquidated damages. The
FHVVA or the contacting agency shall upon its own action or upon
written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in paragraph (1.) through (4.)
of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs
(1.) through (4.) of this section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts
on the National Highway System.
1. The contractor shall performw ith its ow norganization contract
work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any speciaHy items designated
by the contracting agency. SpeciaHy items may be performed
by subcontract and the amount of any such speciaHy items
performed may be deducted from the total original contract price
before computing the amount of work required to be performed
by the contractor's ON n organization (23 CFR 635.116).
a. The term "performw ork with its own organization" refers to
workers employed or leased by the prime contractor, and
equipment ow ned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or low ertier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
( 1) the prime contractor maintains control over the supervision of
the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the
work of the leased employees;
(3) the prime contractor retains all power to accept or exclude
individual employees fromw ork on the project; and
( 4) the prirre contractor remains uHimately responsible for the
payment of predetermined minimum wages, the submission of
payrolls. statements of compliance and all other Federal
regulatory requirements.
b. "Specialty ~ems" shall be construed to be limited tow ork that
requires highly specialized know ledge, abilities, or equipment
not ordinarily available in the type of contracting organizations
qualified and expected to bid or propose on the contract as a
whole and in general are to be limited to minor components of
the overall contract.
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(1.) of this section, in the sum of $10 for each calendar day onw hich
such individual was required or permitted tow ork in excess of the
standard w or~eek of forty hours without payrrent of the
overtirre wages required by the clause set forth in paragraph ( 1.)
of this section.
2. The contract amount upon which the requirerrents set forth in
paragraph ( 1) of Section VI is computed includes the cost of
material and manufactured products which are to be purchased
or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of thew ork in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the contracting
officer, or authorized representative, and such consent when
given shall not be construed to relieve the contractor of any
responsibility for the fulfillment of the contract. Written consent
will be given only after the contracting agency has assured that
each subcontract is evidenced in writing and that it contains all
pertinent provisions and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph ( 1) is not
applicable to design-build contracts; however, contracting
agencies may establish their own self-performance requirements
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
1. In the performance of this contract the contractors hall comply
with all applicable Federal, State, and local laws governing
safety, health, and sanitation (23 CFR 635). The contractor shall
provide all safeguards, safety devices and protective equipment
and take any other needed actions as it determines, or as the
contracting officer may determine, to be reasonably necessary
to protect the life and health of employees on the job and the
safety of the public and to protect property in connection with the
performance of thew ork covered by the contract.
2. tt is a condition of this contract, and shall be made a condition of
each subcontract, which the contractor enters into pursuant to
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, tow ork in
surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as
determined under construction safety and health standards (29
CFR 1926) prorrulgated by the Secretary of labor, in
accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S. C. 3704).
3. F\Jrsuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect
or investigate the matter of compliance with the construction
safety and heatth standards and to carry out the duties of the
Exhibit 12-G
Required Federal-Aid Contract Language
FKVVA-1273 --Revised May 1, 2012
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal-aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and hones~
as possible. Willful falsification, distortion, or misrepresentationwlh
respect to any facts related to the project is a violation of Federal
law. To prevent any misunderstanding regarding the seriousness of
these and similar acts, Form FKVVA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more places
where it is readily available to all persons concerned with the
project:
18 U.S. C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, orw hoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of thew ork performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway or
related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claimw ith respect to the
character, quality, quantity, or cost of any work perforrred or to be
performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved by
the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal-aid Roads
Act approved July 1, 1916, (39 Stat. 355), as arrended and
s upplerrented;
Shall be fined under this title or imprisoned not more than 5 years
or both."
IX. IM PLEJ\11 ENTATION OF CLEAN AIR ACT AND FBJERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
By submission of this bid/proposal or the execution of this contract,
or subcontract, as appropriate, the bidder, proposer, Federal-aid
construction contractor, or subcontractor, as appropriate, will be
deemed to have stipulated as follows:
1. That any person w ho is or w ill be utilized in the performance of
this contract is not prohibited from receiving an award due to a
violation of Section 508 of the Clean Water Act or Section 306 of
the Clean Air Act.
2. That the contractor agrees to include or cause to be included the
requirements of paragraph ( 1) of this Section X in every
subcontract, and further agrees to take such action as the
contracting agency may direct as a means of enforcing such
requirements.
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Secretary under Section 1 07 of the Contract Work Hours and
Safety Standards Act (40 U.S.C.3704).
VIII. FALSE STATB\IIe.ITS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
1. Instructions for Certification-First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier
participant is providing the certification set out below .
b. The inability of a person to provide the certification set out below
will not necessarily resutt in denial of participation in this covered
transaction. The prospective first tier participant shall submit an
explanation of why it cannot provide the certification set out below .
The certification or explanation will be considered in connection
with the department or agency's determination w hetherto enter
into this transaction. How ever, failure of the prospective first tier
participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact
upon which reliance was placed when the contracting agency
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this
transaction for cause of defautt.
d. The prospective first tier participant shall provide immediate w ritlen
notice to the contracting agency tow hom this proposal is
subrritted if any time the prospective first tier participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction,'' "debarred,'' "suspended,''
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and
a participant (such as the prime or general contract). "LONer Tier
Covered Transactions" refers to any covered transaction under a
First T~er Covered Transaction (such as subcontracts). "First T~er
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "LONer Tier Participant"
refers any participant who has entered into a covered transaction
with a First Tier Participant or other Lower Tier Participants (such
as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction.
g. The prospective first tier participant further agrees by submitting
this proposal that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-LowerTierCoveredTransactions," provided by the
department or contracting agency. entering into this covered
Exhibit 12-G
Required Federal-Aid Contract Language
FI-WA-1273 --Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMe.IT, SUSPENSION,
INaiGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contrads,
design-build contracts, subcontracts, lower-tier subcontracts,
purchase orders, lease agreements, consuttant contracts or any
other covered transaction requiring FI-WA approval or that is
estimated to cost $25,000 or more-as defined in 2 CFR Parts 180
and 1200.
h. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that
is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is
erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its
principals, as well as the eligibility of any lower tier prospective
participants. each participant may, but is not required to, check the
Excluded Parties List System website (httrs:i/\\\m.cpls.govi), whi:h
is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require
the establishment of a system of records in order to render in good
faith the certification required by this clause. The know ledge and
information of the prospective participant is not required to exceed
that which is normally possessed by a prudent person in the
ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause or defautt.
2. Certification Regarding Debannent, Suspension, Ineligibility
and Voluntary Exclusion -First Tier Participants:
a. The prospective first tier participant certifies to the best of its
know ledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department
or agency;
(2) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery. bribery, falsification or destruction
of records, making false statements, or receiving stolen
property;
(3) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph
(a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or defautt.
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transaction, w ~hout rrodification, in all lower tier covered
transactions and in all solic~ations for lower tier covered
transactions exceeding the $25,000 threshold.
2. lnstrudionsforCertification-Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other low ertier
transactions requiring prior FHWA approval or estimated to cost
$25,000 or rrore-2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower ter
is providing the certification set out below.
b. The certification in this clause is a material representation of fact
upon which reliance was placed when this transaction was
entered into. ff ~ is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
add~ion to other remedies available to the Federal Government,
the department, or agency w ~h which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide irnrediate
w r~en notice to the person tow hich this proposal is submitted if
at any time the prospective lower tier participant learns that ~s
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. You may contactthe person tow hich this proposal is
submitted for assistance in obtaining a copy of those regulations.
"First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds
and a participant (such as the prime or general contract). "Lc:wer
T1er Covered Transactions" refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts).
"First T1er Participant" refers to the participant who has entered
into a covered transaction w~h a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lc:wer
Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective low ertier participant agrees by submitting this
proposalthat, should the proposed covered transaction be
entered into, ~ shall not knowingly enter into any lower tier
covered transaction w~h a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency w ~h which this transaction originated.
f. The prospective low ertier participant further agrees by submitting
this proposal that~ will include this clause titled "Certification
Regarding Debarment, Suspension,lneligibiltty and Voluntary
Exclusion-Low erTier Covered Transaction," without rrodification.
in all lower tier covered transactions and in all solic~ations for
lower tier covered transactions exceeding the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knc:ws
that the certification is erroneous. A participant is responsible for
ensuring that tts principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To
verify the eligibil~ of tts principals. as well as the eligibility of any
lower tier prospective participants, each participant may. but is
not required to, check the Excluded Parties List System w ebstte
Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273 --Revised May 1, 2012
b. V\lhere the prospective participant is unable to certify to any of
the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
i. Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
w ~h which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Participants:
1. The prospective low ertier participant certifies, by submission of
this proposal, that ne~her tt nor tts principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2. VVhere the prospective lower tier participant is unable to certify to
any of the statements in this certification. such prospective
participant shall attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts which exceed $100,000 (49 CFR
20).
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her know ledge and
belief, that:
a. No Federal appropriated funds have been paid or will be paid,
by or on behaff of the undersigned, to any person for influencing
or atterll>ting to influence an officer or erll>loyee of any Federal
agency. a ~mber of Congress. an officer or erll>loyee of
Congress, or an erll>loyee of a ~mber of Congress in
connection with the aw arcling of any Federal contract, the
making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or rrodification of
any Federal contract, grant, loan, or cooperative agreement.
b. ff any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or atterll>ting to
influence an officer or eJ'Tl>loyee of any Federal agency. a
~mber of Congress, an officer or erll>loyee of Congress, or an
erll>loyee of a ~mber of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall COJ'Tl>lete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction irll>osed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not rrore
than $100,000 for each such failure.
3.The prospective participant also agrees by submttting tts bid or
proposal that the participant shall require that the language of
this certification be included in all lower tier subcontracts. which
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Local Assistance Procedures Manual
(httmV'""" cpls g.), t which is colll>iled by the General Services
Admnis tration.
h. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good
faith the certification required by this clause. The know ledge and
normally possessed by a prudent person in the ordinary course of
business dealings.
Exhibit 12-G
Required Federal-Aid Contract Language
FHVVA-1273 --Revised May 1, 2012
exceed information of participant is not required to exceed that
which is $100,000 and that all such recipients shall certify and
disclose accordingly.
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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
12. FEMALE AND MINORITY GOALS
To comply with Section II. "Nondiscrimination." of"Required Contract Provisions Federal-Aid Construction Contracts."
the following are tor female and minority utilization goals tor Federal-aid construction contracts and subcontracts that
exceed $10.000:
The nationwide goal tor female utilization is 6.9 percent.
The goals tiu minority utilization [45 Fed Reg 65984 ( 10/311980) I arc as follows:
MINORITY lJflLIZA TION GOALS
F.conomic Area
Redding CA:
174 Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas: CA Shasta; CA Siskiyou: CA Tehama
Eureka. CA
175 Non-SMSA Counties:
CA Del Norte: CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose. CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey. CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
CA Santa Clara. CA 176 7485 Santa Cruz. CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa. CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake: CA Mendocino; CA San Benito
Sacramento. CA:
SMSA Counties:
6920 Sacramento. ·cA 177 CA Placer: CA Sacramento; CA Yolo
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado: CA Glenn: CA Nevada: CA Sierra; CA Sutter: CA Yuba
Stockton-Modes to, CA:
SMSA Counties:
5170 Modesto.CA
178 CA Stanislaus
8120 Stockton. CA
CA San Joaquin
Non-SMSA Counties
CA Alpine: CA Amador; CA Calaveras: CA Mariposa: CA Merced: CA Tuolumne
Fresno-Bakers field, CA
SMSA Counties:
179 0680 Bakers tield, CA
CA Kern
2840 Fresno. CA
U>al
(Percent)
6.8
6.6
28.9
25.6
19.6
14.9
9.1
17.1
23.2
16.1
14.3
12.3
24.3
19.8
19.1
26.1
Page 19 of 23
January 2018
36
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
CA Fresno
Non-SMSA Counties:
CA Kings: CA Madera: CA Tulare
Los Angeles. CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Cilrden Grove. CA
CA Omnge
4480 Los Angeles-Long Beach. CA
CA Los Angeles
180 6000 0:\llard-Simi Valley-Ventum. CA
CA Ventura
6780 Riverside-San Bernardino-Ontario. CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc. CA
CA Santa Barbara
Non-SM SA Counties
CA lnyo: CA Mono; CA San Luis Obispo
San Diego. CA:
SMSA Counties
7320 San Diego. CA 181 CA San Diego
Non-SMSA Counties
CA Imperial
For the last full week July during which work is performed under the contract. you and each non material-supplier
subcontractor with a subcontractof$10.000 or more must complete Form FHW A PR-1391 (Appendix C to 23 CFR
230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
During the performance of this Agreement. the contractor. fbr itself: its assignees and successors in interest
(hereinatler collectively referred to as CONTRACTOR) agrees as follows:
23.6
11.9
28.3
21.5
19.0
19.7
24.6
16.9
18.2
( 1) Compliance with Regulations: CONTRACrOR shall comply with the regulations relative to nondiscrimination
in federally assisted programs ofthc Department of Transportation. Title 49. Code of Federal Regulations, Part
21. as they may be amended tium time to time. (hereinatler referred to as the REGULA T1 ONS ). which are
herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR. with regard to the work pertomtCd by it during the AGREEMENT. shall
not discriminate on the grounds of race. color. sex. national origin. religion. age. or disability in the selection
and retention of sub-applicants. including procurements of materials and leases of equipment. CONTRACTOR
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations. including employment practices when the agreement covers a progmm set forth in Appendix B of
the Regulations.
(3) Solicitations tor Sub-agreements. Including Procurements of Materials and EQuipment: In all solicitations
either by competitive bidding or negotiation made by CONTRACTOR tor work to be performed under a Sub-
agreement. including procurements of materials or leases of equipment. each potential sub-applicant or supplier
shall be notified by CONTRACI"OR of the CONTRACTOR ·s obligations under this Agreement and the
Regulations relative to nondiscrimination on the grounds ofmce. color. or national origin.
(4) Information and Reports: CONTRACrOR shall provide all in formation and reports required by the
Regulations, or directives issued pursuant thereto. and shall pern1it access to its books. records. accounts. other
sources of information. and its facilities as may be determined by the California Department of Transportation
or FHW A to be pertinent to ascertain compliance with such Regulations or directives. Where any information
Page 20 of 23
January 2018
37
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
required of CONTRACTOR is in the exclusive possession ofanotherwho fails or refuses to furnish this
intonnation. CONTRACI'OR shall so certit)' to the California Department of Transportation or the FHW A as
appropriate. and shall set forth what ctlorts CONTRACTOR has made to obtain the infonnation.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination
provisions of this agreement. the California Department ofTransportation shall impose such agreement
sanctions as it or the FHW A may determine to be appropriate. including, but not limited to:
(a) withholding of payments to CONTRACI'OR under the Agreement within a reasonable period of time, not
to exceed 90 days; and/or
(b) cancellation. termination or suspension ofthe Agreement. in whole or in part.
(6) Incorporation ofProvisions: CONTRACrOR shall include the provisions of paragraphs (I) through (6) in every
sub-agreement. including procurements of materials and leases of equipment. unless exempt by the Regulations.
or directives issued pursuant thereto.
CONTRACrOR shall take such action with respect to any sub-agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions tor
noncompliance. provided, however, that. in the event CONTRACrOR becomes involved in, or is threatened with.
litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California
Department of Transportation enter into such litigation to protect the interests ofthe State. and. in addition,
CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United
States.
14. USE OF UNITED STATES-FLAG VESSELS
The CONTRACI'OR agrees-
1. To utilize privately O\\ned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately tor dry bulk carries. dry cargo liners. and tankers) involved. whenever shipping any
equipment. material, or commodities pursuant to this contract. to the extent such vessels arc available at fair and
reasonable rates tor United States-flag commercial vessels.
2. To Furnish within 20 days following the date of loading lor shipments originating within the United State or
within 30 working days following the date of loading tor shipments originating outside the United States. a
legible copy of a rated ·•on-board .. commercial ocean bill-ot:.lading in English tor each shipment of cargo
described in paragraph ( 1) of this section to both the Contracting Otlicer (through the prime contractor in the
case of subcontractorbills-ot:.lading) and to the Division of National Cargo. Otlicc of Market Development.
Maritime Administration, Washington. DC 20590.
3. To insert the substance ofthe pro vis ions of this clause in all subcontracts issued pursuant to this contract.
Page 21 of 23
January 2018
38
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Fedeml Trainee Progmm Special Provisions
(to be used when applicable)
15. FEDERAL TRAINEE PROGRAM
For the Federal training program. the number of trainees or apprentices is ZERO
This section applies if a number of trainees or apprentices is specified in the special provisions.
As part of yourequal opportunity affirmative action program provide on-the-job training to develop full journeymen
in the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part. determine how many trainees or apprentices are to be trained by the
subcontractor. Include these training requirements in yoursubcontract.
Where feasible. 25 percent of apprentices or trainees in each occupation must be in their I st year of apprenticeship or
training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the
availability ofjourneymen in the various classifications within a reasonable recruitment area.
Before starting work. submit to the City/County of
I. Number ofapprentices or trainees to betrained for each classification
2. Training program to be used
3. Training starting date for each classi lication
Obtain the City/County's of Palm Springs approval for this submitted information before you start work.
The City/County of Palm SprinQs credits you for each apprentice or trainee you employ on the work
who is currently enrolled or becomes enrolled in an approved program.
The primary objective ofthis section is to tmin and upgrade minorities and women toward journeymen status. Make
every etlort to enroll minority and women apprentices or trainees. such as conducting systematic and direct recruitment
through public and private sources likely toy ield minority and women apprentices or tminees. to the extent they are
available within a reasonable recruitment area. Show that you have made the eiTorts. In making these ellorts. do not
discriminate against any applicant lor tmining.
Do not employ as an apprentice or tminec an employee:
I. In any classification in \vhich the employee has successfully completed a training course leading to journeyman
status orin which the employee has been employed as a journeyman
2. Who is not registered in a progmm approved by the US Department of Labor. Bureau of Apprenticeship and
Training
Ask the employee if the employee has success tully completed a tmining course leading to journeyman status or has been
employed as a journeyman. Your records must show· the employee's answers to the questions.
In your training program establish the minimum length and training type for each classification. The City/County
of Palm SprinQs and FI I W A approves a program if one of the foiiO\ving is met:
I. It is calculated to:
• Meet the your equal employment opportunity responsibilities
• QualitY the average apprentice or trainee ft)r journeyman status in the classification involved by the
end of the training period
2. It is registered with the U.S. Department of Labor. Bureau of Apprenticeship and Training. and it is
administered in a way consistent with the equal employment responsibilities of Federal-aid highway
construction contracts
Obtain the State's approval for your training program bet(ue you start work involving the classification covered by
the program.
Page 22 of 23
January 2018
39
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Provide training in the construction crafts. not in clerk-typist or secretarial-type positions. Training is allowed in
lower level management positions such as otlice engineers. estimators. and timekeepers if the training is oriented
toward construction applications. Training is allowed in the laborer classification if significant and meaningful
training is provided and approved by the division otlice. Otr-site training is allowed if the training is an integral part
of an approved training program and does not make up a significant part oftheo,·erall training.
The City/County of Palm Springs reimburses you 80 cents per hour of training given an
employee on this contract under an approved training program:
I. For on-site training
2. For otT-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at
least one of the following:
• Contribute to the cost of the training
• Provide the instruction to the apprentice or trainee
• Pay the apprentice's or trainee's wages during the ofl:.site training period
3. If you comply this section.
Each apprentice or trainee must:
I. Begin training on the project as soon as feasible after the start of work involving the apprentice's or
trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee:
I. Copy of the progmm you will comply with in providing the training
Page 23 of 23
January 2018
40
Attachment 3
41
STATE OF CALIFORNIA· CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
August17,2018
Mr. Thomas Garcia
Director of Engineering Services I City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Garcia:
/l.iJ(J 2 u
EDMUND G. BROWN Jr., Governor
File : 08-RIV..O-PSP
CMLN-5282(045)
Northbound Gene Autry Trail at the
intersection with Vista Chino
Enclosed are two originals of the Program Supplement Agreement No. 048-F to Administering Agency-State
Agreement No. 08-5282F15 and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting
the "Authorization to Proceed" with that phase.
Please review the covenants and sign both copies of this Agreement and retum both to this office, Office of Project
Implementation-MS1 within 90 days from the receipt of this letter. If the signed Agreements are not received back In
this office within 90 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the
agreement language or funding. ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION
THAT CLEARLY IDENTIFIES THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT ON THE AGENCY'S
BEHALF. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No Invoices for
reimbursement can be processed until the agreement is fully executed.
The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines.
These deadlines are shown on the attached Finance letter as the "Reversion Date". Please ensure that your Invoices
are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek
reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is
subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up
to two years.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
I j \
Sin~cerely,
I . ~
. .kvJOHN HOOLE, Chief
~ -Office of Project Implementation -South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE-David Lee
42
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
F INANCE LETTER
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of Palm Springs
1'1100lEE1TEas-P~::~~~R j TOTA~~~T OF . fED£R'X'[liART. r ~-if>
COST
f---~-
Contract Items: $253.800
Contingencies : $20,024
Total: S27J 024
Construction Lump Sum $273.824., S272.224.oq 8a .53')1.
I
Agency Construction I lump Sum I $5,6-48.00 $5.6-49 , 8853%
L Engineerirm_
Totals: I S27V,472.1!0 5277,872.~ m ;c
Date: 08/14/2018 EA No:
0 CO RT: 08·RIV-O-PSP
ProjectNo: CMLN-5282(045)
Adv Project ld: 0815000144
Agreement End Date: 09/2012019
~~EO!AALFUNDS I LOCAL FUHOS ro'fffElfFUffij~ 1
MOE3
$24 1.000., $31 ,224., $1 ,600()(
I $5,000 ()() S648.0C so .o:
Tz46,ooo., SJ1,872.01 51,600,()(
-
"'articipation Ratio: 99.43% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history is prepared by Local Assistance Accounting Office and Is provided h ere for local agency's Information and action .
Signature:
Title: HQ Local Assistance Area Engi neer
For questions regarding finance letter, contact:
Printed Name : Patrick Louie
Telephone No: (916) 653-7349
Remarks: 2017 SCAG FTIP 10 RIV131 001 . Based on amounts requested in agency pilot program request form dated 05108118 for construction and construction engineering. Reimbursement ra tio =
88.53%.
I
I APPROP , ENCUMBRANCE APPROP
AIJV PROJECT ID UNIT STATE PROG. FED/STATE AMOUNT YEAR
EXPENDITURE ENCUMBRANCE REVERSION
AMOUNT BAI.ANCE DATE
ACCOUNTING INFORMATION CM LN-5 262(04 5)
08 1500014.:..4~-L.-:1.:.8 1:..:0.:.2F_I.......:2:.:0.::..300:..:..:..108:.:.::..20:......J(L--_-_-=..F:::.:::.:::.:::.~:::.:::.:::.:::...:.$2.:...4.::..6 ,..:.000:..:..:00..:... 1718 r -~D_OO Li ___ S.:...24..:.6:..;..000:..:..:00:..:..:.. ___ o613012_ 3
Page of 1
Cooperative Work Agreement
APPROVED
AMOUNT
EX.PIRAnoN
DATE
j
43
PROGRAM SUPPLEMENT NO. F048
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 08-5282F15
Adv ProjectiD Date: August 1, 2018
0815000144 Location: 08-RIV-0-PSP
Project Number: CMLN-5282(045)
E.A. Number:
Locode: 5282 --------·------------·-------------------------
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 11/14/16 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
Northbound Gene Autry Trail at the intersection with Vista Chino
TYPE OF WORK: 2nd left-tum lane
Estimated Cost Federal Funds
MOE3 $246,000.00
$279,472.00
CITY OF PALM SPRINGS
By
Title
Date
Attest
-----··------·---~·---~----
LENGTH: O.O(MILES}
Matching Funds -----,----
LOCAL j
I
$31,872.0q
OTHER
STATE OF CALIFORNIA
Department of Transportation
$1,600.00
By ----~~------------~
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my.~ ~now.~ le. .''. at bu. d. geted funds are available for this e~~~. mbra .. nce:
Accounting Officer -~-f4-"'10:.-_. Date /?j7 /Jcr
~:~;~~tf--.~-~:~~:m~ri;~~:F~~~e-1_~~~-A-~0;;~
$246.000.00
____ ..__ ___ ...,___ __ ~----+-' _J____--+ -+------~-
I I , . ---· .. -~--~ ~-_1_--~------·----~------·---~-·---·-· ...
Program Supplement 08-5282F15-F048-ISTEA Page 1 of 6 44
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV 01/2010)
TO· FFICE
FROM·
Claims Audits
3301 .. C" Street. Rm 404
Sacramento, CA 95816
Department of Transportation
SUBJECT·
Encumbrance Document
VENDOR/ LOCALAGENCY
CITY OF PALM SPRINGS
$246,000.00
Local Assistance
CHAPTER STATUTES ITEM
14 2017 2660-102-0890
YEAR
2017/2018
Page_,_ of_,_
OATE PREPAREO PROJECT NUMBER
8/3/2018 0815000144
REQUISITION NUMBER I CONTRACT NUMBER
RQS-2660-081900000055
PEC/ PECT TASK I SUBTASK
20.30.010.820 2620/0400
AMOUNT
$246,000.00
TOTAL CONTRACT AMOUNT $246,000.00
ADA Notic For individuals with sensory disabilities. this document ts available In alternate formats. For rnformalton. call (91 ~) 654-6410 of TOO (916) -3880 or wnte 8 Records and Forms Management. 1120 N. Streel MS-89 Sacramento. CA 95814
45
08-RIV-0-PSP
CMLN-5282(045)
SPECIAL COVENANTS OR REMARKS
08/01/2018
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available by future Federal obligations will be encumbered on this PROJECT by
use of a STATE-approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will
be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 .. Award Package" of the Local Assistance
Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once
every six months commencing after the funds are encumbered for each phase by the
execution of this Project Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend future
authorizations/obligations for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on-going or future project by
ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures., within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
F. Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal-
Program Supplement 08-5282F15-F048-ISTEA Page 2 of& 46
08-RIV-0-PSP
CMLN-5282(045)
SPECIAL COVENANTS OR REMARKS
08/01/2018
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date wiJI not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List.· Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of
Program Supplement 08-5282F15-F048-ISTEA Page 3 of6 47
08-RIV-0-PSP
CMLN-5282(045)
SPECIAL COVENANTS OR REMARKS
08/01/2018
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project-specific PROGRAM
SUPPLEMENT.
B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes
the address of ADMINISTERING AGENCY and shall be formatted in accordance with
LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all fe9eral funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT. .
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
Program Supplement 08-5282F15-F048-ISTEA Page4of6 48
08-RIV-O~PSP
CMLN-5282(045)
SPECIAL COVENANTS OR REMARKS
08/01/2018
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures.
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not ·limited to, the
costs of administering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
Program Supplement 08-5282F15-F048-ISTEA Page 5 of6 49
08-RIV-0-PSP
CMLN-5282(045)
SPECIAL COVENANTS OR REMARKS
08/01/2018
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200.
0. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 {d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
Program Supplement 08-5282F15-F048-ISTEA Page 6 of 6 50
Attachment 4
51
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING
PROGRAM SUPPLEMENT AGREEMENT NO. 048-F TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282F15 WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $246,000
FOR USE OF CONGESTION MITIGATION AND AIR
QUALITY (CMAQ) FEDERAL-AID FUNDS FOR THE GENE
AUTRY TRAIL AT VISTA CHINO DUAL LEFT TURN
LANES, CITY PROJECT NO. 14-13, FEDERAL-AID
PROJECT NO. CMLN-5282 (045); AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY OF PALM SPRINGS
WHEREAS, the Congress of the United States has enacted the lntermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation
Authorization Bills to fund transportation programs; and
WHEREAS, the Legislature of the State of California has enacted legislation by which
certain federal-aid funds may be made available for use on local transportation related
projects of public entities qualified to act as recipients for these federal-aid funds in
accordance with the intent of federal law; and
WHEREAS, before federal-funds will be made available for a specific program project,
the City of Palm Springs and State of California are required to enter into an agreement
to establish terms and conditions applicable to the City of Palm Springs when receiving
federal funds for a designated project facility and to the subsequent operation and
maintenance of that completed facility; and
WHEREAS, the City of Palm Springs has submitted to the California Department of
Transportation a request for authorization to proceed with the construction phase of the
Gene Autry Trail at Vista Chino Dual Left Turn Lanes, City Project No. 14-13, Federal
Aid Project No. CMLN-5282 {045), requiring obligation of $246,000 of Congestion
Mitigation and Air Quality ("CMAQ") federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 048-F to the current Master Agreement, Administering
Agency -State Agreement No. 08-5282F15 with the state of California, obligating
$246,000 of federal-aid funds for the Gene Autry Trail at Vista Chino Dual Left Turn
Lanes, City Project No. 14-13, Federal Aid Project No. CMLN-5282 (045).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
52
Resolution No.
Page 2
SECTION 1. Program Supplement Agreement No. 048-F to Administering Agency -
State Agreement No. 08-5282F15, with the state of California, obligating $246,000 of
federal-aid funds for the Gene Autry Trail at Vista Chino Dual Left Turn Lanes, City
Project No. 14-13, Federal Aid Project No. CMLN-5282 (045) is hereby approved.
SECTION 2. The City Manager is hereby authorized to execute and administer the
Program Supplement Agreement No. 048-F as may be necessary.
ADOPTED THIS 5th day of September, 2018.
David H. Ready, City Manager
ATTEST:
Anthony Mejia, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. __ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 5, 2018, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony Mejia, City Clerk
City of Palm Springs, California
53