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c4``F°R City Council Staff Report
DATE: April 4, 2018 NEW BUSINESS
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO SUPERIOR PAVEMENT
MARKINGS, INC., A CALIFORNIA CORPORATION FOR THE CLASS II
AND CLASS III BICYCLE LANES, CITY PROJECT NO. 14-14,
FEDERAL-AID PROJECT NO. CML-5282 (044)
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
Award of this construction contract will allow the City to proceed with construction of the
Class II and Class III Bicycle Lanes Project, City Project No. 14-14 (Project).
RECOMMENDATION:
1. Provide direction regarding the proposed road diet and bicycle lanes on La Verne
Way, and approve one of two alternative actions:
Alternative 1 —Award of contract excluding La Verne Way:
2. Award a construction contract (Agreement No. __) to Superior Pavement Markings,
Inc., a California corporation, for Bid Schedules A, B, C, and E in the amount of
$459,370.85 for the Class II and Class III Bicycle Lanes Project, City Project No. 14-
14;
3. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $45,937 (10% of construction contract); and
4. Authorize the City Manager to execute all necessary documents.
OR
Alternative 2 —Award of contract including La Verne Way:
2. Appropriate an additional amount of $155,814 from unexpended "carry over" capital
funds from Fiscal Year 2016/2017 in Account 261-1395-50000;
3. Award a construction contract (Agreement No. _) to Superior Pavement Markings,
Inc., a California corporation, for Bid Schedules A, B, C, D, and E in the amount of
fi-EM NO. 5 A-.
City Council Staff Report
April 4, 2018-- Page 2
Award Construction Contract for CP 14-14
$596,482.05 for the Class II and Class III Bicycle Lanes Project, City Project No. 14-
14;
4. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of$59,650 (10% of construction contract); and
5. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Superior Pavement Markings, Inc., is a California Corporation whose corporate officers
are John Lucas, as President, Roberto Garcia as Vice President and Darren Veltz as
Secretary. John Lucas, Roberto Garcia and Darren Veltz are also listed as the
Directors.
BACKGROUND:
In April 2014, the City responded to CVAG's Call for Projects funded through the federal
CMAQ grant program and requested $402,000 (88.53%) with a local agency match of
$52,000 (11 .47%) for the installation of Class II and Class III bicycle lanes throughout
the city of Palm Springs for a total project budget in the amount of $454,000. This
request for grant funding included Class II and Class III bicycle lanes consistent with the
Non-Motorized Transportation Master Plan (NMTMP) developed by CVAG wherein the
City Council adopted in 2011 as the Palm Springs Bikeway Map and incorporated into
the 2007 Palm Springs General Plan Amendment.
The City's application was among 25 proposals submitted to CVAG totaling
$21,526,277. The total amount of available CMAQ funds was $14,363,784. CVAG
Executive Committee recommended funding for the top 8 ranked non-signal
synchronization projects totaling approximately $6.6 Million. A second group of regional
signal synchronization projects that utilize some or the entire remaining CMAQ fund
balance of $7.7 Million. The city submitted two projects for consideration that
successfully placed among the top 8 ranked non-signal synchronization projects
recommended for CMAQ funding:
1. Gene Autry and Vista Chino Second Left Turn Lane (CMAQ Award $246,200)
2. Class II and Class III Bicycle Lanes (CMAQ Award $402,000)
02
City Council Staff Report
April 4, 2018-- Page 3
Award Construction Contract for CP 14-14
Prior City Council Approval of"Road Diets"
On June 15, 2016, the City Council reviewed a certain number of proposed bicycle
facilities identified on the Palm Springs Bikeway Map, including Class II (striped bicycle
lanes) on streets where implementing the Class II facility would require either: 1)
elimination of all on-street parking, or 2) preserving on-street parking and eliminating
existing travel lanes (a "road diet" converting 4-lane roadways to 2-lane roadways).
At that time, the City Council deferred any action to allow for conversion of 2-lane
roadways through implementation of a "road diet". The City Council referred the
consideration of these roadway conversions to the City Council Subcommittee
(Kors/Roberts) to review with the Sustainability Commission's Active Transportation
Committee (ATC). On June 28, 2016, the City Council Subcommittee and
representatives of the ATC (Nancy Ferguson, Bret Klein and Vic Yepello) met to review
and recommend to the City Council the reclassification of certain roadways as "road
diets" to accommodate Class II bike lanes and preserve on-street parking. Table 1
below identifies the list of possible "road diets" that were considered.
Roadway From To
Camino Real E. Palm Canyon Drive La Verne Way
Crossley Road Ramon Road 30 Avenue
Farrell Drive Ramon Road E. Palm Canyon Drive
La Verne Way S. Palm Canyon Drive Twin Palms Drive
Mesquite Avenue Sunrise Way Com adre Road
San Rafael Drive N. Palm Canyon Drive I Sunrise Way
Table 1
A location map of the planned Class II and Class III bicycle lanes facilities included in
the CVAG grant application is illustrated in Figure 1 on the next page.
03
City Council Staff Report
April 4, 2018-- Page 4
Award Construction Contract for CP 14-14
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Figure 1
04
City Council Staff Report
April 4, 2018-- Page 5
Award Construction Contract for CP 14-14
On July 6, 2016, the City Council approved the list of roadways above to be converted
from 4-lane roadways to 2-lanes divided (with painted center turn lane) roadways
preserving on-street parking and accommodating Class II bicycle lanes for
reclassification as "Minor Mobility Corridors" as a part of the City's General Plan
Amendment to revise the Circulation Element and Bikeway Map. As a matter of
reference, a "Minor Mobility Corridor" consists of 2 travel lanes, a two-way left-turn lane
(TWLTL), buffered bicycle lanes, and on-street parking. The proposed roadway cross-
section is shown in Figure 2.
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8' 5 2' 12' 10' 12' 2' 5' 8'
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LANE LANE ��`-, Y J
MINOR MOBILITY CORRIDOR — 2 LANES DIVIDED'
Figure 2
STAFF ANALYSIS:
As part of the Project, future bicycle lanes proposed are located on the all "road diet"
segments listed in Table 1, except for Farrell Drive, from Ramon Road to E. Palm
Canyon Drive, and Mesquite Avenue from Sunrise Way to Compadre Road.
Furthermore, not shown in Table 1 but incorporated into the Project, are bicycle lanes
completed on Avenida Caballeros, from Alejo Road to Tahquitz Canyon Way. All of
these roadway segments above have already implemented bicycle lane improvements
through recent pavement rehabilitation and slurry seal projects.
The City Council approved the implementation of a "road diet" for Farrell Drive as part of
the 2015 Citywide Annual Slurry Seal, City Project No. 15-02, a recommended action
taken by the City Council on July 6, 2016. This Project will continue the installation of
Class II bicycle lanes on Farrell Drive, from Tahquitz Canyon Way to Ramon Road.
However, no "road diet" is planned on this segment of Farrell Drive, 4-lanes will be
maintained, with the existing center turn lane being eliminated, and Class II bicycle
lanes to be installed adjacent to curb.
05
City Council Staff Report
April 4, 2018 -- Page 6
Award Construction Contract for CP 14-14
On February 7, 2018, City Council approved the plans, specifications and estimates and
authorized staff to advertise and solicit bids for the Project for the street segments listed
in Table 2.
Bid Roadway From To
Schedule
A San Rafael Drive N. Palm Canyon Drive Sunrise Way
B Farrell Drive Tahquitz Canyon Way Ramon Road
C Camino Real E. Palm Canyon Drive La Verne Way
D La Verne Way S. Palm Canyon Drive Twin Palms Drive
E Crossley Road Ramon Road 34 Avenue
Table 2
However, at the Council meeting, there was some concern expressed by the residents
being served by La Verne Way from S. Palm Canyon Drive to Twin Palms Drive that the
proposed "road diet" will impede their commute to and from work. City Council directed
staff to investigate the concern more fully and engage the five officially recognized
neighborhoods affected by the La Verne Way road diet (The Mesa, Twin Palms,
Andreas Hills, Indian Canyons, and Canyon Corridor).
The City's Office of Neighborhood Involvement reached out individually to each of these
neighborhoods to request comments on the proposed road diet. Comments were
solicited through "Nextdooe' as well as through the individual neighborhood
organizations. The following summarizes the results of the public comments:
• The Mesa —officially opposes the road diet
• Andreas Hills — officially opposes the road diet
• Indian Canyons — did not take official position as neighborhood organization, but
performed polling of its residents with 21 opposed, 18 supporting, and with 3
supporting but having questions regarding the road diet
• Canyon Corridor — is an inactive neighborhood organization, only 2 residents
responded, 1 was opposed and 1 was supportive
• Twin Palms — did not take official positions as neighborhood organization, but
solicited comments through Nextdoor with 8 opposed and 4 supporting the road diet
The La Verne Way road diet was also formally reviewed by the Sustainability
Commission, after it was considered by its Ad Hoc Committee on Walkability and
Pedestrian Planning ("SC Ad Hoc"). The SC Ad Hoc prepared a written report that was
approved by the Sustainability Commission at its March 20, 2018, meeting. A copy of
the Commission's report is included as Attachment 1. The Sustainability Commission
officially voted to recommend that the City Council uphold the 2016 decision to amend
the General Plan and convert La Verne Way to a Minor Mobility Corridor.
06
City Council Staff Report
April 4, 2018-- Page 7
Award Construction Contract for CP 14-14
Vic Yepello, representing the Palm Springs Active Transportation Committee, has also
prepared information outlining the project benefits of the La Verne Way road diet,
included as Attachment 2.
On February 8, 2018, staff advertised the Project in the Desert Sun, submitted the
Notice Inviting Bids to plan rooms, and provided the bid documents available free of
charge to prospective bidders. Subsequently, on March 15, 2018 at 3:00 p.m., the
Procurement and Contracting Division received three construction bids from the
following contractors listed in Table 3; where the Bid Amount listed is combined total of
Bid Schedule A through E; the Basis for Award.
Company Location Bid Amount
Superior Pavement Markings, Inc. Beaumont $596,482.05
Cal Stripe Inc. Colton $643,474.00
PCI Azusa $651,117.00
Table 3
The Engineer's estimate for the Project as reported to the City Council on February 7,
2018 was $423,000. A full bid summary is included as Attachment 3.
The City solicited bids with each road corridor as a separate Bid Schedule, to allow
Council the option to include or exclude La Verne Way from the contract award. The bid
submitted by Superior Pavement Markings, Inc., includes the following costs for each
corridor:
Bid Schedule A (San Rafael Drive): $180,185.55
Bid Schedule B (Farrell Drive): $77,123.50
Bid Schedule C (Camino Real): $72,549.90
Bid Schedule D (La Verne Way): $137,111.20
Bid Schedule E (Crossley Road): $129,511.90
Total Bid: $596,482.05
Bid Analysis
Staff reviewed the Bid Documents submitted by Superior Pavement Markings, Inc., and
found it to be responsive; based on which, staff recommends that City Council approve
the bid submitted by Superior Pavement Markings.
There was a bid protest issued by Cal Stripe Inc., stating that the apparent low bidder
did not list the subcontractor for crack sealing work. However, staff contacted Superior
Pavement Markings who stated that they will conduct the crack sealing. Therefore, staff
notified Cal Stripe Inc., that the City is rejecting this protest as it is not applicable to the
apparent low bidder's bid.
Public Works Contractor Registration Law (SB 854)
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City Council Staff Report
April 4, 2018-- Page 8
Award Construction Contract for CP 14-14
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 Superior Pavement Markings is registered with the DIR, and is appropriately
licensed.
Superior Pavement Markings of Beaumont, California, submitted the lowest responsive
bid; staff reviewed the bid, references and contractor's license, and found the
Contractor to be properly licensed and qualified.
Staff has identified two alternative construction contracts for Council's consideration,
one excluding La Verne Way in the amount of $459,370.85, included as Attachment 4,
and one including La Verne Way in the amount of $596,482.05, included as
Attachment 5.
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 the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities; therefore, the Class II and Class III Bicycle Lanes, City
Project No. 14-14, is considered categorically exempt from CEQA, and a Notice of
Exemption has been prepared and filed with the Riverside County Clerk.
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 July 23, 2015, 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
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City Council Staff Report
April 4, 2018 -- Page 9
Award Construction Contract for CP 14-14
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). On
November 7, 2016, an environmental Re-Validation was approved by Caltrans; a copy
of the NEPA Re-Validation is included as Attachment 6.
FISCAL IMPACT:
On November 1 , 2017, the City Council approved a Program Supplement Agreement
No. F047 with Caltrans to authorize the disbursement and use of up to $401,926 in
federal-aid funds for the Project. These funds are allocated to the Capital Project Fund
(Fund 261) in Account No. 261-4491-59469.
A total of$173,000 was also budgeted for the Project through Measure J Capital Project
Fund (Fund 260) in Account No. 260-4500-59469. The total funding previously
budgeted for the Project is $574,926.
If the Council excludes the La Verne Way road diet, the total contract amount will be
$459,370.85 and the currently available budget will be sufficient to award the contract,
as shown in Table 4.
Table of Project Costs (without La Verne Way) Amount
Federal CMAQ Funding - Construction $401,926
Measure J Fund 260) $173,000
Design Services ($44,550
Project Administration (through 2/29/18) ($7,058)
Project Administration (Estimated) $7,500
Construction Inspection (Estimated) ($12,000)
Construction Contingency ($44,447)
Construction Contract $459,371
Remaining Budget $0
Table 4
Alternatively, if the Council includes the La Verne Way road diet, the total contract
amount will be $596,482.05 and will require an additional appropriation of $155,814
from unexpended "carry over" capital funds from Fiscal Year 2016/2017 in Account 261-
1395-50000.
09
City Council Staff Report
April 4, 2018-- Page 10
Award Construction Contract for CP 14-14
The required Project budget and incurred expenditures including the La Verne Way
road diet are listed in Table 5.
Project Budget Amount
Federal CMAQ Funding - Construction $401,926
Measure J Fund 260 $173,000
General Fund 261 $155,814
Design Services $44,550
Project Administration through 2/29/18 $7,058)
Project Administration Estimated $8,000)
Construction Inspection Estimated $15,000)
Construction Contingency $59,650)
Construction Contract $596,482)
Remaining Budget $0
Table 5
SUBMITTED:
Thomas Garcia, .E. Marcus L. Fuller, MPA, P.E., P.L.S.
City Engineer Assistant City Manager
David H. Ready, Esq., Ph.
City Manager
Attachments:
1. Sustainability Commission March 20, 2018, recommendation
2. Palm Springs Active Transportation Committee recommendation
3. Bid Summary
4. Construction Contract (Excluding La Verne Way)
5. Construction Contract (Including La Verne Way)
6. NEPA/CEQA Revalidation
10
ATTACHMENT 1
TO: CITY COUNCIL
FROM: SUSTAINABILITY COMMISSION
SUBJECT: LA VERNE WAY STATEMENT
DATE: MARCH 21, 2018
LA VERNE WAY MINOR MOBILITY CORRIDOR CONVERSION
SUMMARY
The Sustainability Commission recommends upholding the 2016 decision to amend the
General Plan and convert La Verne Way to a Minor Mobility Corridor, thus confirming
the February 7th, 2018, staff recommendation to confirm this roadway reclassification.
BACKGROUND
At its February 7th, 2018, meeting the City Council considered a staff recommendation
for roadway reclassifications for four streets, including portions of: Camino Real, La
Verne Way, Crossley Road, and San Rafael Drive. This project includes Class II and III
bikeways. Upon comment and discussion, City Council requested that the La Verne
Way segment be reviewed by the Active Transportation Committee (ATC) of the
Sustainability Commission with a recommendation to Council. For the benefit of the
Council, the ATC as it operated in 2016 is no longer in existence. In its place is an ad
hoc committee focused primarily on walkability. Therefore, this item was brought before
the entire Sustainability Commission for consideration at its meeting of March 201h,
2018.
Several factors led to our decision to continue supporting the reclassification of La
Verne Way to a Minor Mobility Corridor as a Capacity Improvement Project:
1. La Verne is and will continue to be used by many cyclists whether or not it is
designated and marked. It is needed as a bike route to help connect with Murray
Canyon and Toledo routes.
2. Safety is a primary issue for drivers, cyclists, and pedestrians. We do not need
any pedestrian/bike/vehicle accidents on La Verne due to unsafe conditions.
3. La Verne is a confusingly wide street. Clear markings for parking, bike lanes,
driving lanes, AND a two-way left-turn lane would make the street safer for all
users and make it a complete street. Safety—reduce the risk of accidents by
design.
4. Traffic studies conducted by the City have indicated that even at a fully
developed South Palm Springs, La Verne would operate at free flow conditions
as a Minor Mobility Corridor.
1
12
5. The Sustainability Commission relied on the Council's 2016 approval of bike
routes when the Commission approved the design for the new citywide bike map
in fall 2017. Those maps would need to be discarded if La Verne is excluded.
This totals approximately 10,000 copies and would be a waste of City resources.
6. Surveys of the neighborhoods adjacent to or using La Verne conducted through
the Office of Neighborhoods showed mixed results for support of
reclassifications. However, follow-up discussions revealed that many
respondents misunderstood the proposed design and for example thought on-
street parking would be removed, there would not be two-way left turn lanes or
the road reconfiguration would extend past East Morongo Trail to East Palm
Canyon Drive, none of which is the case.
7. Economic Development: Build it and they will come? The fact of the matter is that
the cyclists and pedestrians are already there. Several Commissioners examined
the area and observed high bicycle and pedestrian activity. The hotels along East
Palm Canyon promote tourism in the area via "door tours" in the Indian Canyons
neighborhood, which would benefit from bicycle and pedestrian facility capacity
improvement.
8. CEQA: The staff report for the February 7th, 2018, Council meeting notes the
project would be considered a Categorical Exemption under the California
Environmental Quality Act. However, more than that, the project would
beneficially serve to implement the City's Non-Motorized Transportation Plan.
The project provides a broad environmental benefit.
9. Similar traffic calming designs have been successfully implemented elsewhere in
the City, including on southerly segments of El Cielo Road and Farrell Drive.
2
13
ATTACHMENT 2
14
To All Residents of the neighborhoods south of East Palm Canyon:
The city of Palm Springs is currently evaluating whether or not they should proceed with plans
currently under consideration to reconfigure La Verne Way. Currently it is a four lane road with
no turning lanes and a 45 mph speed limit. The current proposal is to have 2 traffic lanes, one in
each direction, a center turn lane that will eliminate the situation of through vehicles stopping or
swerving traffic as a motorist attempts a left turn, and it will create lanes used by bicycles, golf
carts and NEV's (neighborhood electric vehicles). We additionally hope to get the speed limit
reduced to 35 mph over time so that this thoroughfare is safer for everyone.
The city would like to hear from you so they can put your thoughts and needs into their final
decisions. Certainly the goal is to move traffic, allow for safer turns, and provide for
non-motorized vehicles to safely access Smoketree, CV Link and Downtown without a car.
We are providing this information and the following talking points so that you can be better
informed to make an educated decision.
Project Benefits
La Verne will now have center turn lanes for turning into side streets and driveways making it
safer and eliminating the chance of a rear-end collision
The curve at Twin Palms will be much safer now with reduced speeds and a center lane buffer.
Residents will have improved access via bikes, Golf Carts and NEVs to access downtown via La
Verne to Palo Fierro to Twin Palms to Belardo.
Improved access to Smoketree and Smoketree Commons without using a car.
Slower traffic flow at the curve heading south on Palm Canyon (if approved)
What We'd All Like To See:
Speed limits on La Verne reduced to 35 mph
Improve the interchange at "The Curve" so that drivers transitioning segments of S. Palm
Canyon will be made to slow down thus making it safer to non-motorized vehicles to turn on to
Belardo Rd and the Downtown Bike Lane now in place.
Improve the right turn lane capacity at La Verne and E. Palm Canyon to facilitate the flow of
cars wanting to turn eastbound there.
15
ATTACHMENT 3
16
BICYCLE LANE PROJECT-CP 14-14
BID SUMMARY
SAN RAFAEL DRIVE Bid Opening:MARCH 15,2018
Nam I BID SCHEDULE A CITY UNIT SUPERIOR PAVEMENT CAL-STRIPE INC. PCI
No. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMWNT UNITPR. AMOUNT
1 INITIAL MOBILIZATION 1 LS $8 581.00 $e 561.00 $5 000,00 $5 000.00 1 500.00 $21 500.00
2 TRAFFIC CONTROL 1LS $16614.00 16614.00 $15000.00 $15000.00 $9971 897000
3 PAINT CURB RED 800 LF $1024.D0 1024.00 $2.50 $2000.00 $880.00
INSTALL POST AND SIGN PER CITY OF PALM $276.00 $5,244.00 $150.00 $2.850,00 $330.00 $6,270.00
4 SPRINGS STANDARD 624.SIGN PER PLAN. 19 EA
REMOVE AND SALVAGE EXISTING SIGN AND $75.00 $2,250.00 $50.00 $1,500 00 $125.00 $3,750,00
5 POST TO CITY YARD 30 EA
6 APPLY 8"WHITE THERMOPLASTIC SOLID LINE 11220 LF $0,70 $7,354.00 $0,66 $7,293.00 $0.60 $6,732.00
APPLY 6"WHITE THERMOPLASTIC BIKE LANE
LINE PER CALTRANS REVISED STANDARD $0.60 $5.784.00 $0.65 $6,266.00 $0.60 S5,784.00
71 PLAN A200 DETAIL 39. 9640 LF
J
APPLY 6"WHITE THERMOPLASTIC BIKE LANE $0.45 $1,827,00 $0.65 $2,63900 $0.60 S2,436.00
INTERSECTION LINE PER CALTRANS
REVISED STANDARD PLAN A20D DETAIL 39A. 4060 LF
APPLY 6"WHITE THERMOPLASTIC DASHED $0.50 $0.00 $5,00 $0.00 $0,00 $0.00
9 LINE 2'DASH WITH V GAP 0 LF
APPLY 6"GREEN THERMOPLASTIC DIAGONAL $0.50 $115.00 $5.00 $1,150.00 $2,00 $460.00
10 BUFFER MARKINGS a 24'SPACING 230 LF
APPLY 12"WHITE THERMOPLASTIC BASIC
CROSSWALK(10-WIDTH)PER CALTRANS $3.25 $3,087.50 $2.00 $1,900.00 $3.00 $2,850.00
11 STANDARD PLAN A24F 950 LF
APPLY I2"WHITE THERMOPLASTIC LIMIT LINE S3.25 $292.50 $2.00 $180.00 $4.00 $350.00
12 PER CRY OF PALM SPRINGS STANDARD 625 90 LF
CONSTRUCT YELLOW CENTERLINE PER
CALTRANS REVISED STANDARD PLAN A2DA, $0.50 $725.00 $0.50 $725.00 $0,80 $1,160.00
13 DETAIL 2. 1450 LF
CONSTRUCT DOUBLE YELLOW LINES PER
CALTRANS REVISED STANDARD PLAN A20A, $1.25 22.531.25 $1.50 $3,037,50 $1.10 $2,227.50
14 DETAIL22. 2025 LF
CONSTRUCT DOUBLE YELLOW MEDIAN
ISLAND PER CALTRANS REVISED STANDARD $2A0 $1,488.D0 S2.75 $1,705.00 $1,10 $602.00
15 PLAN A208 DETAIL 29. 620 LF
CONSTRUCT YELLOW TWO-WAY LEFT TURN
LANE PER CALTRANS REVISED STANDARD $2.35 39,000.50 $2.25 S8,617.50 $1 05 $4,021.50
16 PLAN A208 DETAIL 32. 3830 LF
CONSTRUCT WHITE LANE LINE PER
CALTRANS REVISE STANDARD PLAN A20A, $0.50 $0.00 $0.50 $0.00 $0.00 S0.00
17 DETAIL 9. 0 LF
CONSTRUCTS"WHITE SOLID LINE PER $0,70 $0.00 $1.00 $0.00 $0.00 $0.00
18 DETAILON SHEET2 F11870.LF
LF
CONSTRUCT WHITE CHANNELIZING LINE PER
CALTRANS REVISED STANDARD PLAN A20D, $1.10 52,057.00 $2.00 $3,740.00 $1.05 $1,963.50
19 DETAIL 38B.
APPLY THERMOPLASTIC WHITE IV(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $65.00 $1.235.00 $75.00 $1,425.00 $85.00 $1,615.00
20 PLAN A24A. EA
APPLY THERMOPLASTIC WHITE IV(R)ARROW
PAVEMENT MARKING PER CALTRANS STD. $6500 $585.00 $75.W S675.00 $85.00 $765.0021 PLAN A24A. EA
APPLY 6"WHITE THERMOPLASTIC SOLID LIN E
PER CALTRANS REVISED STANDARD PLAN $0.60 $1.728.00 $1.00 $2,860.00 $0.30 $864.00
22 A208 DETAIL 278. 2880 LF
APPLY THERMOPLASTIC TYPE VII(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $117.00 $468.00 $100.00 S400.00 $150.00 $600.00
23 PLAN A24A. 4 EA
APPLY THERMOPLASTIC WHITE"BIKE LANE"
PAVEMENT LEGEND PER CALTRANS STD. $750.00 $25,500.00 $400.00 $13,600.00 $1.140.00 $38,760 00
PLAN A24D,WHITE BIKE LANE ARROW PER
CALTRANS STD.PLAN A24A,AND GREEN
24 BACKING PER DETAIL ON SHEET 34 EA
APPLY THERMOPLASTIC WHITE"STOP"
PAVEMENT LEGEND PER CALTRANS $96.00 $192.00 $135.00 $270.00 $250.00 $500.00
25 STANDARD PLAN A24D. 2 EA
APPLY THERMOPLASTIC WHITE"AHEAD"
PAVEMENT LEGEND PER CALTRANS $135.00 $0.00 $150,00 $0.00 $0.00 $0.00
26 STANDARD PLAN A24D. 0 EA
SANDBLAST EXISTING STRIPING OR E3.20 $268.60 $5,00 $420.00 520.W $1,680.00
27 PAVEMENT MARKINGS 84 SF
28 REMOVE EXISTING RAISED MARKERS 1 LF $3,342,00 $3,342.00 $5000.00 $5000.00 $1.000.00 $1,000.00
APPLY THERMOPLASTIC TYPE VI ARROW
PAVEMENT MARKING PER CALTRANS STD. $65.00 $13000 $175.00 $350.00 $250.00 $500.00
29 PLAN A24A. 2 EA
APPLY THERMOPLASTIC WHITE TYPE 110'-0'
ARROW PAVEMENT MARKING PER 561.00 $12200 $100.00 $200.00 $95.00 $190.00
30 CALTRANS STD.PLAN A20A. 2 EA
INSTALL TYPE E AND TYPE E(MOD)LOOP
DETECTORS PER CALTRANS STD.PLAN ES- $715.00 $3,575.00 $750,00 $3,750.1 $690.00 $3,450.00
L34
58 AS SHOWN, 5 EA
CONSTRUCT WHITE LANE DROP LINE PER
CALTRANS REVISED STANDARD PLAN A20C, $1.05 $0.00 $3.50 $0.00 $0.00 $0.00
DETAIL 37B. 0 LF
PROJECT IDENTIFICATION SIGNS 2 EA 1100.00 200.00 1 500.00 3000.00 86500 1730.00
FOG SEAL 456000 SF $014 $63 840.00 $0.18 $82 080,00 $0.14 363 541ADJUST VIDEO DETECTION ZONES FOR $220000 $4.400.00 $1,75000 $3500.00 $1610,00 $3,220.00 APPROACH 2 EA
WATER POLLUTION CONTROL 1 LS 1 000.00 $1100 $500.00 $500.00 $1 500.00 $1 500.00
37 FIELD ORDERS 1 LS 125.00 3125.00 125.00 $3125.00 3125.00 $3125,DO
BID SCHEDULE A: TOTAL $180185.55 TOTAL- $184778.00 TOTAL= $194385,50
1 2 3
17
FARRELL DRIVE
Item BID SCHEDULE CITY UNIT SUPERIOR PAVEMENT CAL-STRIPE INC. PC[
No. ITEM DESCRIPTION UNITPR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT
1 INITIAL MOBILIZATION 1 LS $3673.00 $3673.00 $5000.00 $5000.00 18675.00 $16675.00
2 TRAFFIC CONTROL 1LS $7503.00 $7503.00 520000.00 52000000 $5000--00 $5,000.00
3 PAINT CURB RED 0 LF $0.00 $0.00 $0.00 $0.00 .00
INSTALL POST AND SIGN PER CITY OF PALM $276.00 $2.760.00 $150.00 $1,500.00 $350.00 $3,500.00
4 SPRINGS STANDARD 624_SIGN PER PLAN. 10 EA
REMOVE AND SALVAGE EXISTING SIGN AND $75.00 $75.00 $50.00 $50.00 $200.00 9200.OD
5 POST TO CITY YARD 1 EA
BAPPLY 6"WH ITE THERMOPLASTIC SOLID LINE 0LF $0.70 $0.00 $0,65 $0.00 30.60 $0.00
APPLY 6"WHITE THERMOPLASTIC BIKE LANE
LINE PER CALTRANS REVISED STANDARD 50.60 $2,904.00 $0.65 $3,146,00 $060 $2,904.00
7 PLAN A20D DETAIL 39ffTRAN
4840 LF
APPLY 6"WHITE THEPLASTIC BIKE LANE $0.45 $553.50 $0.65 $799.50 $0.6D $738.00
INTERSECTION LINE CALTRANS
8 REVISED STANDARDN A20D DETAIL 39A. 1230 LF
APPLY 6"WHITE THEPLASTIC DASHED $0.50 $0.00 $5.00 $0.00 $0.00 $0,00
9 LINE 2'DASH WITH P 0 LF
APPLY 6"GREEN THOPLASTIC DIAGONAL S050 $100.00 55.00 $1,000.00 $2.00 $400.00
,,,APPLY
MARKINGS 'SPACING 200 LF
APPLY 12"WHITE THOPLASTIC BASIC
CROSSWALK(10'WI )PER CALTRANS $3.25 $2,795.00 52.00 $1,720.00 $3.00 $2,580.00
11 STANDARD PLAN A2860 LF
APPLY 12"WHITE THOPLASTIC LIMIT LINE $325 $0.00 $2.00 $0.00 $4,00 SC.00
12 PER CITY OF PALM SGS STANDARD 625 0 LFCONSTRUCT YELLOENTERLINE PERCALTRANS REVISEDNDARD PLAN A20A, SOSO $0,00 50.50 $0.00 $080 $000
13 DETAIL 2. 0 LF
CONSTRUCT DOUBLLLOW LINES PERCALTRANS REVISEDNDARD PLAN A20A, $1.25 $3,025,00 $1.50 53.630.DO $1.10 $2,862,00
14DETAIL22. 2420 LF
CONSTRUCT DOUBLLLOW MEDIANISLAND PER CALTRA REVISED STANDARD $2.40 $0.00 52.75 $0.00 $1.10 $0.00
15 PLAN A208 DETAIL 29. 0 LF
CONSTRUCT YELLOW TWO-WAY LEFT TURN
LANE PER CALTRANS REVISED STANDARD 52.35 $0.00 52.25 $0.00 $1.05 50.00
16 PLAN A208 DETAIL 32. 0 LF
CONSTRUCT WHITE LANE LINE PER
CALTRANS REVISE STANDARD PLAN A20A. $0.50 $1,890.00 50.50 $1.890.00 $0 45 $1,701.00
17 DETAILS. 3780 LF
CONSTRUCT 6"WHITE SOLID LINE PER $0.70 $245.00 $1.00 $350.00 $0.00 $260.00
18 DETAIL ON SH EET2 3W LF
CONSTRUCT WHITE CHANNELIZING LINE PER
CALTRANS REVISED STANDARD PLAN A20D, $1.10 $836.00 $2.00 $1.520.00 $1.05 5798.00
19 DETAIL 388. 760 LF
APPLY THERMOPLASTIC WHITE IV(L)ARROW
PAVEMENT MARKING PER CALTRANS SM $65.00 $520.00 $75.00 $6D0.00 585.00 5660.00
20 PLAN A24A. 8 EA
APPLY THERMOPLASTIC WHITE IV(R)ARROW
PAVEMENT MARKING PER CALTRANS STO. $65.00 $130.00 $75.00 $160.00 $85.00 $170.00
21 PLAN A24A. 2 EA
APPLY 6"WHITE THERMOPLASTIC SOLID LINE
PER CALTRANS REVISED STANDARD PLAN $0.60 $0.00 $1.00 $0.00 $0.30 $0.00
22 A20B DETAIL 278. 0 LF
APPLY THERMOPLASTIC TYPE VII(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $117.00 $0.00 $100.00 $0.00 $150.00 50.00
23 PLAN A24A. 0 EA
APPLY THERMOPLASTIC WHITE"BIKE LANE"
PAVEMENT LEGEND PER CALTRANS STD. $750.00 $12,000.00 $400.00 $6,400.00 $1,140.00 $18,240.00
PLAN A24D,WHITE BIKE LANE ARROW PER
CALTRANS STD.PLAN A24A,AND GREEN
24 BACKING PER DETAIL ON SHEET 2 16 EA
APPLY THERMOPLASTIC WHITE"STOP"
PAVEMENT LEGEND PER CALTRANS $96.00 $0.00 $135.00 $0.00 $250.00 $D.DO
25 STANDARD PLAN A24D. 0 EA
APPLY THERMOPLASTIC WHITE"AHEAD"
PAVEMENT LEGEND PER CALTRANS $135.00 50.00 $150.00 $0,00 $0.00 Sam28 STANDARD PLAN A24D. 0 EA
SANDBLAST EXISTING STRIPING OR $320 $0.00 $5.00 $0,00 $20.00 $0.00
27 PAVEMENT MARKINGS 0 SF
28 REMOVE EXISTING RAISED MARKERS 1 LF $2,264,00 2264.00 $2 50000 $2 500.00 $1 000.00 $1,000.00
APPLY THERMOPLASTIC TYPE VI ARROW
PAVEMENT MARKING PER CALTRANS STD. 565.DO $0.00 $175.00 $000 $250.00 $0.00
29 PLAN A24A. 0 EA
APPLY THERMOPLASTIC WHITE TYPE 110'-0"
ARROW PAVEMENT MARKING PER 561,00 $0.00 $100,00 $0.00 $95.00 50.00
30 CALTRANS STD.PLAN A20A. 0 EA
INSTALL TYPE E AND TYPE E(MOD)LOOP
DETECTORS PER CALTRANS STD.PLAN ES- $715.00 $0.00 $75000 $0.00 $690.00 $0.00
31 5B AS SHOWN, 0 EA
CONSTRUCT WHITE LANE DROP LINE PER
CALTRANS REVISED STANDARD PLAN A20C, $1.05 $525.00 $2.50 $1,250.00 $1.00 $500.00
32 DETAIL 378. 500 LF
33 PROJECT IDENTIFICATION SIGNS 2 EA $1,100.00 $2 200.00 $1 500.00 $3,00000 $865.00 $1 730.00
34 FOG SEAL 160000 SF $0.14 $22,400,00 20 $32 OW 0 SQ.15 4,000.00
ADJUST VIDEO DETECTION ZONES FOR $2 200 DO $6,600.00 $1.750.00 $5,250,DO $1,610.00 $4,830.00
35 APPROACH 3 EA
36 WATER POLLUTION CONTROL 1 LS $1 000.00 1 000.00 5500.0' 500.00 $1 500.00 $1 500.00
37 FIELD ORDERS 1 LS 3125.00 $312500 $3125A0 3125.00 125.00 $3125.00
BID SCHEDULE B: TOTAL= $77123.50 TOTAL• $93390.50 TOTAL= $95213.00
1 2 3
18
CAMINO REAL
Item BID SCHEDULE ELF
UNIT SUPERIOR PAVEMENT CAL-STRIPE INC. PCI
No. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNITPR. AMOUNT
1 INITIAL MOBILIZATION LS 3455,00 $3455.00 5000,00 35000.00 $18450.00 $18450.00
2 TRAFFIC CONTROL L6 432.00 432.00 $15000,00 $15000.00 010.D0 $5010.00
3 PAINTCURB RED $422.40 $250 $625.00 3.0INSTALL POSTAND SIGN PER CITY OF PALM $27600 $2,760.00 $15000 $1,500.00 $350.00 $3,500.00
4 SPRINGS STANDARD 624.SIGN PER PLAN. EA
REMOVE AND SALVAGE EXISTING SIGN AND $75.D0 $0.00 $5000 $0.0D $125.00 $0.D0
5 POST TO CITY YARD EA
6APPLY 6"WHI7E THERMOPLASTIC SOLID LINE 4380 LF $0.70 $3,066.00 $0.65 $2.847,00 $0.60 $2,628.OD
APPLY 8"WHITE THERMOPLASTIC BIKE LANE
LINE PER CALTRANS REVISED STANDARD $060 $2,106.00 $0.65 $2,281,50 $0.60 $2.105.00
7 PLAN A20D DETAIL 39. 3510 LF
APPLY B"WHITE THERMOPLASTIC BIKE LANE $045 $2.173.50 $0.65 $3,139.50 $0.60 $2,8$8.60
INTERSECTION LINE PER CALTRANS
8 REVISED STANDARD PLAN A20D DETAIL 39A. 4830 LF
APPLY 6"WHITE THERMOPLASTIC DASHED $0,50 295.00 $5,00 $950.00 $1.00 $19000
9 LINE 2'DASH WITH 6'GAP 190 LF
APPLY S"GREEN THERMOPLASTIC DIAGONAL $0.50 $210.00 $500 $2,100.00 $1.50 $630.00
10 BUFFER MARKINGS ft 24'SPACING 420 LF
APPLY 12'WHITE THERMOPLASTIC BASIC
CROSSWALK(10 WIDTH)PER CALTRANS $3.25 $1,170.00 $20U $720.00 $3.00 $1,0W.00
11 STANDARD PLAN A24F 360 LF
APPLY 12"WHITE THERMOPLASTIC LIMIT LINE $3.25 $0,00 $2.00 $000 $0.00 $0.00
12 PER CITY OF PALM SPRINGS STANDARD 625 0 LF
CONSTRUCTYELLOW CENTERLINE PER
CALTRANS REVISED STANDARD PLAN A20A, $0.50 $0,00 $0.50 $0.00 $0.00 $0.00
13 DETAIL 2, 0 LF
CONSTRUCT DOUBLE YELLOW LINES PER
CALTRANS REVISED STANDARD PLAN A20A, $1.25 $650.00 $1.60 $780.00 $1.10 S572.00
14 DETAIL 22. 520 LF
CONSTRUCT DOUBLE YELLOW MEDIAN
ISLAND PER CALTRANS REVISED STANDARD $2.40 $0.00 S2.75 $0.00 $1.10 $0.00
15 PLAN A208 DETAIL 29. 0 LF
CONSTRUCT YELLOW TWO-WAY LEFT TURN
LANE PER CALTRANS REVISED STANDARD S2.35 $4.089.00 $2.25 S3,915.00 $1.05 $1.827.00
16 PLAN A208 DETAIL 32. 1740 LF
CONSTRUCT WHITE LANE LINE PER
CALTRANS REVISE STANDARD PLAN A20A, S0.50 $0.00 $050 $0.00 $0.00 310.00
17 DETAIL 9. 0 LF
CONSTRUCT 6"WHITE SOLID LINE PER $0.70 $0.00 $1.00 $0,00 $0.00 $0.00
18 DETAILON SHEET2 0 LF
CONSTRUCT WHITE CHANNELIZING LINE PER
CALTRANS REVISED STANDARD PLAN A20D, $1.10 S440.00 $2.00 $600.00 $1,00 $400.00
19 DETAIL 388. 400 LF
APPLY THERMOPLASTIC WHITE IV(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $85.00 $195.00 $75.00 $225.00 S85.00 5255.00
20 PLAN A24A. 3 EA
APPLY THERMOPLASTIC WHITE IV(R)ARROW
PAVEMENT MARKING PER CALTRANS STD. $65.00 S0,00 $75.00 $0.00 S65.00 $0.00
21 PLAN A24A. 0 EA
APPLY B"WHITE THERMOPLASTIC SOLID LINE
PER CALTRANS REVISED STANDARD PLAN S0.60 $0.00 $1.00 $0.00 $0,30 50.00
22 A20B DETAIL 278. 0 LF
APPLY THERMOPLASTIC TYPE VII(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $117.00 $0.00 3100.00 $0.00 $150.00 S0.00
23 PLAN A24A. 0 EA
APPLY THERMOPLASTIC WHITE"BIKE LANE"
PAVEMENT LEGEND PER CALTRANS STO. $750.00 $9,750.00 $400.00 $5,2D000 $1,140.00 $14,820.00
PLAN A24D,WHITE BIKE LANE ARROW PER
CALTRANS STD.PLAN A24A,AND GREEN
24 BACKING PER DETAIL ON SHEET 2 13 EA
APPLY THERMOPLASTIC WHITE STOP"
PAVEMENT LEGEND PER CALTRANS $96.00 $288.00 $135.00 S405.00 $300.00 $900.00
25 STANDARD PLAN A24D. 3 EA
APPLY THERMOPLASTIC WHITE"AHEAD"
PAVEMENT LEGEND PER CALTRANS $135.00 $270.00 $150.00 S300.00 $300.00 $600.00
26 STANDARD PLAN A24D. 2 EA
SANDBLAST EXISTING STRIPING OR $3.20 $80.00 $5.00 $125.00 $25.00 $625.00
27 PAVEMENT MARKINGS 25 SF
28 REMOVE EXISTING RAISED MARKERS 1 LF $825.00 S825.00 $1 500.00 $1,500.00 $1,000.00 $1 000.D0
APPLY THERMOPLASTIC TYPE VI ARROW
PAVEMENT MARKING PER CALTRANS STD. $85.00 50.00 $175.00 $0.00 S250.00 $0.00
29 PLAN A24A. 0 EA
APPLY THERMOPLASTIC WHITE TYPE 110'-0"
ARROW PAVEMENT MARKING PER $61.00 $0.00 $100.00 $0.00 $95.00 $0,00
30 CALTRANS STD.PLAN A20A. 0 EA
INSTALL TYPE E AND TYPE E(MOD)LOOP
DETECTORS PER CALTRANS STD.PLAN ES- $560.00 $3.850.00 $750.00 $5,250.00 $63200 $4 424.00
31 5B AS SHOWN. 7 EA
CONSTRUCT WHRE LANE DROP LINE PER
CALTRANS REVISED STANDARD PLAN A20C, $1.05 $0.00 $3.50 $0.00 S0.00 $0.00
32 DETAIL 378. 0 LF
33 PROJECT IDENTIFICATION SIGNS 2 EA 1 $1100,00 $2200.00 $1,51W.00 $3,000.00 $865.00 $1,730,00
34 FOG SEAL 17D700 SF I S0.14 S23 898.00 $0.20 $34 140.00 $0.13 $22 19t00
ADJUST VIDEO DETECTION ZONES FOR �20000 $000 $1,750.00 $0.00 $1.610.00 $0.00
35 APPROACH 0 EA
36 WATER POLLUTION CONTROL 1 LS $1 000.00 $1 000.00 500.00 $500.00 1 500.00 $1 500 00
37 FIELD ORDERS i LS 53125.00 3125.00 $3,12500, $3125.00 $3125,00 312500
BID SCHEDULE C: TOTAL L72 549.80 TOTAL• $93 628.00 TOTAL- $80 824.00
t 2 3
19
LA VERNE WAY
Item BID SCHEDULED SUPERIOR PAVEMENT CAL-STRIPE INC. PCI
No. ITEM DESCRIPTION CITY UNIT UNIT PR. AMOUNT UNIT PR. AMOUNT UNITPR. AMOUNT
1 INITIAL MOBILIZATION 1 LS S653000 $6530.00 55000.00 $5000.00 $19.530.00 $19530.00
2 TRAFFIC CONTROL 1 LS $12,327.00 $12327.00 $15000.00 $15000.00 $9975,00 $9975.D0
3 PAINT CURB RED 840 LF $1075.20 $1,075,20 $2.50 $2100.00 $924.00
INSTALL POST AND SIGN PER CITY OF PALM $276.00 $2,760.00 $150.00 $1.500.00 $350,00 $3,500.DO
4 SPRINGS STANDARD 624.SIGN PER PLAN. 10 EA
REMOVE AND SALVAGE EXISTING SIGN AND $75.00 $0.00 $50.00 $0.00 $125.00 SOZO
5 POST TO CITY YARD 0 EA
6 APPLY 6"WHITE THERMOPLASTIC SOLID LINE 9310 LF $0.70 $6,517.00 $0,65 $6,051.50 $0.60 $5,588.00
APPLY 6"WHITE THERMOPLASTIC BIKE LANE
LINE PER CALTRANS REVISED STANDARD 50,60 $4,48B.DO $0.05 $4,062.00 $060 $4,488.00
7 PLAN A20D DETAIL 39. 7480 LF
APPLY 6"WHITE THERMOPLASTIC BIKE LANE $045 $126450 $0.55 $1,826.50 $060 $1,686.00
INTERSECTION LINE PER CALTRANS
8 REVISED STANDARD PLAN A20D DETAIL 39A. 25M LF
APPLY 6"WHITE THERMOPLASTIC DASHED $0.50 $90.00 $5.00 $900.00 $1.00 $180.00
9 LINE 2'DASH WITH 6'GAP 180 LF
APPLY 5"GREEN THERMOPLASTIC DIAGONAL 50.50 $0.00 $5.00 50.00 $2.00 $0.00
10 BUFFER MARKINGS n 24'SPACING 0 LF
APPLY 12"WHITE THERMOPLASTIC BASIC
CROSSWALK(I V WIDTH)PER CALTRANS $3.25 $1.397.50 $2.00 $880.00 $3.00 $1,290.00
11 STANDARD PLAN A24F 430 LF
APPLY I2"WHITE THERMOPLASTIC LIMIT LINE $3.25 $0.00 52.00 5000 $4.00 $0.00
12 PER CITY OF PALM SPRINGS STANDADfi5 0LF
CONSTRUCT YELLOW CENTERLINE PER
CALTRANS REVISED STANDARD PLAN A20A, $0.50 $0.00 $0.50 50.00 $0,00 $0.00
13 DETAIL2. 0 LF
CONSTRUCT DOUBLE YELLOW LINES PER
CALTRANS REVISED STANDARD PLAN A20A, $1.25 $1,075.00 $1.50 31,290.00 $1,10 $946.00
14 DETAIL22. 860 LF
JCONSTRUCT DOUBLE YELLOW MEDIAN
ISLAND PER CALTRANS REVISED STANDARD 52.40 $0.00 52.75 SO-00 $1.10 $0.00
15 PLAN A208 DETAIL 29. 0 LF
CONSTRUCT YELLOW TWO-WAY LEFT TURN
LANE PER CALTRANS REVISED STANDARD $2.35 $9,494.00 $225 $9.090.00 $1.10 $4,444.00
18 PLAN A208 DETAIL 32. 4040 LF
CONSTRUCT WHITE LANE LINE PER
CALTRANS REVISE STANDARD PLAN A20A, $0.50 SO.00 $0.50 50.00 $0.00 $0.00
17 DETAIL 9. 0 LF
CONSTRUCT6"WHITE SOLID LINE PER $0.70 50.00 $1.00 $0.00 50-00 $0.00
18 DETAIL ON SHEET 0 LF
CONSTRUCT WHITE CHANNELIZING LINE PER
CALTRANS REVISED STANDARD PLAN A20D, $1,10 5946.00 $2.00 $1.720.00 $1.05 $903,00
19 DETAIL 35B. 880 LF
APPLY THERMOPLASTIC WHITE IV(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $65DO $715.00 575.00 $825.00 $85.00 $935.00
20 PLAN A24A. 11 EA
APPLY THERMOPLASTIC WHITE IV(R)ARROW
PAVEMENT MARKING PER CALTRANS STD. $65.00 $130.00 575.00 $150.00 $85.00 $17000
21 PLAN A24A. 2 EA
APPLY 6'WHITE THERMOPLASTIC SOLID LINE
PER CALTRANS REVISED STANDARD PLAN $060 SO.00 $1.00 $0.00 $0.30 $000
22 lA20B.DETAIL 278. 0 LF
APPLY THERMOPLASTIC TYPE VII(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $117.00 SO.00 $100.00 $0.00 $150.00 $0.00
23 PLAN A24A. 0 EA
APPLY THERMOPLASTIC WHITE"BIKE LANE"
PAVEMENT LEGEND PER CALTRANS STD. $750.00 $22.50000 $400.00 312,000,00 $1,140.00 $34,200.00
PLAN A24D,WHITE BIKE LANE ARROW PER
CALTRANS STD.PLAN A24A,ANDGREEN
24 BACKING PER DETAIL ON SHEET 3D EA
APPLY THERMOPLASTIC WHITE"STOP"
PAVEMENT LEGEND PER CALTRANS $96.O0 5864.00 $135.00 $1,215.00 $200.00 51,800.00
25 STANDARD PLAN A24D. 9 EA
APPLY THERMOPLASTIC WHITE"AHEAD"
PAVEMENT LEGEND PER CALTRANS 3135.00 $405.00 $150.00 $450.00 $240.00 $720.00
26 STANDARD PLAN A24D. 3 EA
SANDBLAST EXISTING STRIPING OR $3.20 $6,368.00 $1.50 $2,965.00 $2.20 54,378.00
27 PAVEMENT MARKINGS 1990 SF
28 REMOVE EXISTING RAISED MARKERS 1LF 1755.00 1715.. $5,D30,00 $5000.00 $1000.00 $1,00000
APPLY THERMOPLASTIC TYPE VI ARROW
PAVEMENT MARKING PER CALTRANS STD. $65.00 $0.00 $175.00 $0.00 $250.00 50.00
29 PLAN A24A. 0 EA
APPLY THERMOPLASTIC WHITE TYPE 110'-0"
ARROW PAVEMENT MARKING PER $6100 $0.00 $100.00 $0,00 $95.00 $0.00
30 CALTRANS STD.PLAN A20A. 0 EA
INSTALL TYPE E AND TYPE E(MOD)LOOP
DETECTORS PER CALTRANS STD.PLAN ES- $715.00 $0.00 $750.00 $0.00 $690,00 $0.00
31 SBASSHOWN. 0 EA
CONSTRUCT WHITE LANE DROP LINE PER
CALTRANS REVISED STANDARD PLAN A20C, $1.05 $525.00 $2.50 $1.250.00 $1.00 $500,00
32 DETAIL 37B. 500 LF
33 PROJECT IDENTIFICATION SIGNS 2 EA $1100.DO $2200DO $1500.00 $3,00000 $565,00 $1730.00
34 FOG SEAL 35400D SF $0.14 $49 560.00 $0.11 36 940,00 $0.08 21 24000
ADJUST VIDEO DETECTION ZONES FOR $22�� $00p $175000 $0.00 SL610.00 $0.00
35 APPROACH 0 EA
36 WATER POLLUTION CONTROL 1 LS $1 000.00 $1 000.00 $500.00 500.00 $1 500.DO 31,500.
37 FIELD ORDERS 1 LS 53125.00 12500 $3125.00 5312500 $3125.00 $3125.00
BID SCHEDULE D' TOTAL-I $137,111,201 TOTAL= $11964000 TOTAL= $124750.00
1 2 3
20
CROSSLEY ROAD
Nam BID SCHEDULE CITY rEA
SUPERIOR PAVEMENT CAL-STRIPE INC. PCI
No. ITEM DESCRIPTION UNIT PR. AMOUNT UNITPR. AMOUNT UNIT PR. AMOUNT
1 INITIAL MOBILIZATION 1 168.00 5616800 $5000.00 $5000.00 $20130.00 20130.00
2 TRAFFICCONTROL 1 $11255.00 $11255.00 $20000.00 20000.00 $9975.DO 39975.00
3 PAINT CURB RED 1805230.40 230.40 $2.50 $450.00 $360.00
INSTALL POST AND SIGN PER CITY OF PALM $276.00 $8,556.DO $150.00 S4,650.00 $30000 $9,3DO 00
4 SPRINGS STANDARD 624.SIGN PER PLAN. 31
REMOVE AND SALVAGE EXISTING SIGN AND $75.00 $300,00 $50.00 S200.00 $125.00 S500.W
5 POSTTOCITYYARD 4
6 APPLY6"WHITE THERMOPLASTIC SOLID LINE 4110 LF $0.70 $2.877.00 $0.65 $2.671.50 $0.80 S2,466.00
APPLY 8"WHITE THERMOPLASTIC BIKE LANE
LINE PER CALTRANS REVISED STANDARD $0.6D $6,396.00 $0.65 $6,929.00 $0.80 $6,396.00
7 PLAN A20D DETAIL 39. 10660 LF
APPLY6"WHITE THERMOPLASTIC BIKE LANE $0.45 S2,196.00 $0.65 $3,172.00 $0.60 $2,928.00
INTERSECTION LINE PER CALTRANS
8 REVISED STANDARD PLAN A200 DETAIL 39A. 4880 LF
APPLY6"WHITE THERMOPLASTIC DASHED $0
9 LINE 2'DASH WITH 6'GAP 110 LF
.50 $55.00 E5.00 $550.00 $7.00 $110.00
APPLY6"GREEN THERMOPLASTIC DIAGONAL $0.50 $370.00 $5.00 $3,700.00 $1.00 $74000
10 BUFFER MARKINGS A 24'SPACING 740 LF
APPLY 12"WHITE THERMOPLASTIC BASIC
CROSSWALK(10'WIDTH)PER CALTRANS $3,25 $1,235.00 $2.00 $760.00 $3.00 $1,14000
11 STANDARD PLAN A24F 380 LF
APPLY 12"WHITE THERMOPLASTIC LIMIT LINE $3,25 S0.00 $200 $0.00 $3.00 $000
12 PER CITY OF PALM SPRINGS STANDARD 625 0 LF
CONSTRUCT YELLOW CENTERLINE PER
CALTRANS REVISED STANDARD PLAN A20A, $0.50 $0.D0 $11M $0,00 $0.80 $0.00
13 DETAIL 2. 0 LF
CONSTRUCT DOUBLE YELLOW LINES PER
CALTRANS R EVISED STAN DARD PLAN A20A, $1.25 $1,075,00 $1,50 $1,290.D0 $1.10 $946.00
14 DETAIL 22. ELF
LF
CONSTRUCT DOUBLE YELLOW MEDIAN
ISLAND PER CALTRANS REVISED STANDARD $2.40 $1,128.00 $2 75 $1,292.50 $1.10 $517,00
15 PLAN A20B DETAIL 29.
CONSTRUCT YELLOW TWO-WAY LEFT TURN
LANE PER CALTRANS REVISED STANDARD $2,38 $e765,50 $2.25 $8,392.50 $1.05 S3.916.50
16 PLAN A20B DETAIL 32. LF
CONSTRUCT WHITE LANE LINE PER
CALTRANS REVISE STANDARD PLAN A20A, 111 $115.00 $050 $115.00 $0.90 $207.00
17 DETAIL 9. LF
CONSTRUCT 6"WHITE SOLID LINE PER $0.70 $35.00 $1.00 moo $2.00 $100.00
18 DETAIL ON SHEET 2 50 LF
CONSTRUCT WHITE CHANNELIZING LINE PER
CALTRANS REVISED STANDARD PLAN A20D, $1.10 $836.00 S2.00 $1,520.00 $1.00 $760.00
19 DETAIL 38B. 760 LF
APPLY THERMOPLASTIC WHITE IV(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $66.00 $650.00 $75.00 $750.00 $85,00 $050.00
20 PLAN A24A. 10 EA
APPLY THERMOPLASTIC WHITE IV(R)ARROW
PAVEMENT MARKING PER OALTRANS STD. $65.00 $390.DO $75.00 $450.00 $85.00 S510.00
21 PLAN A24A. 5 EA
APPLY 6"WHITE THERMOPLASTIC SOLID LINE
PER CALTRANS REVISED STANDARD PLAN $0.60 $0.00 $1.00 $0.00 $0.30 $0.00
22 IA208.DETAIL 27B. 0 LF
APPLY THERMOPLASTIC TYPE VII(L)ARROW
PAVEMENT MARKING PER CALTRANS STD. $117.00 $351.00 $100.00 S300.00 $150.00 $450.00
23 PLAN A24A. 3 EA
APPLY THERMOPLASTIC WHITE"BIKE LANE"
PAVEMENT LEGEND PER CALTRANS STD. $750.00 $16,500.00 $400.00 S8,800.00 $1,140.DO $25,080.00
PLAN A24D,WHITE BIKE LANE ARROW PER
CALTRANS STD.PLAN A24A,AND GREEN
24 BACKING PER DETAIL ON SHEET 2 22 EA
APPLY THERMOPLASTIC WHITE STOP
PAVEMENT LEGEND PER CALTRANS $9600 $0.00 S135.00 $0.00 $250,00 $0.00
25 STANDARD PLAN A24D. 0 EA
APPLY THERMOPLASTIC WHITE"AHEAD"
PAVEMENT LEGEND PER CALTRANS $135.00 SO.00 3150.00 $0.00 $0.00 $0,00
26 STANDARD PLAN A24D. 0 EA
SANDBLASTEXISTING STRIPING OR $3.20 $3,072.00 $1.50 $1,440.00 $4.00 $3,840.00
27 PAVEMENT MARKINGS 960 SF
26 REMOVE EXISTING RAISED MARKERS 1 LF $1,723.00 $1,723.00 $5,000M $5,00000 $1000.00 $1000.00
APPLYTHERMOPLASTIC TYPE VI ARROW
PAVEMENT MARKING PER CALTRANS STD. $65.00 SO.00 $175.00 $0-00 5250.00 $0.00
29 PLAN A24A. 0 EA
APPLY THERMOPLASTIC WHITE TYPE 110'-0"
ARROW PAVEMENT MARKING PER $61.00 $0.00 $100.00 $000 $95,00 $0,00
30 CALTRANS STD.PLAN A20A. 0 EA
INSTALL TYPE E AND TYPE E(MOD)LOOP
DETECTORS PER CALTRANS STD.PLAN ES- $660.00 $3.300.00 $750.00 $3,750.00 $69000 $3.450.00
31 5B AS SHOWN. 5 EA
CONSTRUCT WHITE LANE DROP LINE PER
CALTRANS REVISED STANDARD PLAN A20C, $1.05 SO.00 $3.50 $0,00 SO.00 S0.00
32 DETAIL 37B. 0 LF
33 PROJECT IDENTIFICATION SIGNS 21 EA 1 $1100.00 S2200.00 $1500.00 $3.000,00 $355.00 $1,730.OD
34 FOG SEAL 302200 SF 1 $0.14 $42 308.00 $0,20 560 440.00 .14 2 Wu.W
ADJUST VIDEO DETECTION ZONES FOR $3,300.00 $3,300.00 $1,750.00 $1.750,00 $1,610.00;$145
$1,610.00
35 APPROACH 1 EA
36 WATER POLLUTION CONTROL t L3 31 000.00 S1 OOO.p0 500.00 $500.00 $t 500.00 $1 500.00
37 FIELD ORDERS 1 LS 53125.00 3125.L. 3312500 $3125.DO $3125.003125.DO
BIDSCHEDULEE: TOTAL= $129511,90 TOTAL= $150047.50 TOTAL= 944.50BID SCHEDULE A-E: TOTAL= $596482.05 TOTAL• $643474.00 TOTAL= 5f117.00
1 2 3
NOTES itaficlsed numbers represent corrected numbers as a asua of math errors in the bid document.
PCI had math enor in the IOtaI cost of Schedule A which they summed up the total to be$194,445.50 and the actual total is$194,385.50.This iMap8Cted the total which was
listed as$651.177.00.
"'CasStripe had a math emor in line Hem 27,schedule D which affected the total price which is S643,474 instead of$643,487.50,
ATTACHMENT 4
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 4th day of April, 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
Superior Pavement Markings, Inc., a California corporation. 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:
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEDERAL AID PROJECT NO. CML-5282 (044)
The Work comprises the construction of bicycle lanes along San Rafael Drive from N.
Palm Canyon Drive to Sunrise Way; Farrell Drive between Tahquitz Canyon Way and
Ramon Road; Camino Real between E. Palm Canyon Drive and La Verne Way; and
Crossley Road between Ramon Road and 34t' Avenue. The work includes removal and
replacement of existing traffic striping, pavement markers, installation of thermoplastic bike
lane lines, thermoplastic bike lane markings, thermoplastic crosswalks, curb painting,
signs, traffic loops, vehicle detection camera adjustments, and all appurtenant work.
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.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO, 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 1 23
ARTICLE 3 -- CONTRACT PRICE Bid Schedules A, B, C, and E
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 Four Hundred Fifty Nine
Thousand Three Hundred Seventy Dollars and Eighty Five Cents
($459,370.85).
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, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Local Business Preference Program — Good Faith Efforts, Non-
Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid
Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings,
Addenda numbers 01 to 02, inclusive, and all Construction Contract Change Orders and
Work Change Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
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.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 2 24
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.
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.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 3 25
ARTICLE 10 -- NON-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.
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
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM C
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 4 O
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, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
By Date
David H. Ready
City Manager
Agreement No.
ATTEST:
By
Anthony J. Mejia, MMC
City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia,
Director of Engineering Services/City
Engineer
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 5 27
CONTRACTOR
By: Superior Pavement Markings, 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 (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
State of ) State of )
County of )ss County of )ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM Q
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 6 O
EXHIBIT "A"
Federal Requirements
for
Federal-Aid Construction Projects
(Form FHWA 1273),
Female and Minority Goals,
Federal Trainee Program,
Title IV Assurances
FOLLOWS THIS PAGE
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM-EXHIBIT"A"
29
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
11, Nondiscrimination 11. NONDISCRIMINATION
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions The provisions of this section related to 23 CFR Part 230 are applicable
V. Contract Work Hours and Safety Standards Act Provisions to all Federal-aid construction contracts and to all related construction
VI. Subletting or Assigning the Contract subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are
VII. Safely:Accident Prevention not applicable to material supply, engineering, or architectural service
Vill. False Statements Concerning Highway Projects contracts.
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act In addition, the contractor and all subcontractors must comply with the
X. Compliance with Govemmenlwide Suspension and Debarment following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
Requirements 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
XI. Certification Regarding Use of Contract Funds for Lobbying amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
amended,and related regulations including 49 CFR Parts 21,26 and 27;
ATTACHMENTS and 23 CFR Parts 200,230,and 633.
A. Employment and Materials Preference for Appalachian Development The contractor and all subcontractors must comply with: the
Highway System or Appalachian Local Access Road Contracts(included requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
in Appalachian contracts only) for all construction contracts exceeding $10,000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in
L GENERAL 41 CFR 60-4.3.
1. Form FHWA-1273 must be physically incorporated in each Note:The U.S.Department of Labor has exclusive authority to determine
construction contract funded under Title 23 (excluding emergency compliance with Executive Order 11246 and the policies of the Secretary
contracts solely intended for debris removal). The contractor (or of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting
subcontractor) must insert this forth in each subcontract and further agency and the FHWA have the authority and the responsibility to
require its inclusion in all lower tier subcontracts (excluding purchase ensure compliance with Title 23 USC Section 140,the Rehabilitation Act
orders, rental agreements and other agreements for supplies or of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of
services). 1964, as amended, and related regulations including 49 CFR Parts 21,
26 and 27;and 23 CFR Parts 200,230,and 633.
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or The following provision is adopted from 23 CFR 230,Appendix A, with
agreement for other services. The prime contractor shall be responsible appropriate revisions to conform to the U.S. Department of Labor(US
for compliance by any subcontractor, lower-tier subcontractor or service DOL)and FHWA requirements.
provider.
1. Equal Employment Opportunity: Equal employment opportunity
Form FHWA-1273 must be included in all Federal-aid design-build (EEO)requirements not to discriminate and to lake affirmative action to
contracts, in all subcontracts and in lower tier subcontracts (excluding assure equal opportunity as set forth under laws,executive orders,rules,
subcontracts for design services, purchase orders, rental agreements regulations(28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627,41 CFR 60
and other agreements for supplies or services). The design-builder shall and 49 CFR 27)and orders of the Secretary of Labor as modified by the
be responsible for compliance by any subcontractor, lower-tier provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140
subcontractor or service provider. shall constitute the EEO and specific affirmative action standards for the
contractor's project activities under this contract. The provisions of the
Contracting agencies may reference Forth FHWA-1273 in bid proposal Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set
or request for proposal documents,however,the Form FHWA-1273 must forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference
be physically incorporated(rat referenced)in all contracts,subcontracts in this contract. In the execution of this contract,the contractor agrees to
and lower-tier subcontracts (excluding purchase orders, rental comply with the following minimum specific requirement activities of
agreements and other agreements for supplies or services related to a EEO:
construction contract).
a.The contractor will work with the contracting agency and the Federal
2. Subject to the applicability criteria noted in the following sections, Government to ensure that it has made every good faith effort to provide
these contract provisions shall apply to all work performed on the equal opportunity with respect to all of its terms and conditions of
contract by the contractor's own organization and with the assistance of employment and in their review of activities under the contract.
workers under the contractor's immediate superintendence and to all
work performed on the contract by piecework, station work, or by b. The contractor will accept as its operating policy the following
subcontract. statement:
3. A breach of any of the stipulations contained in these Required "It is the policy of this Company to assure that applicants are
Contract Provisions may be sufficient grounds for withholding of progress employed, and that employees are treated during employment, without
payments, withholding of final payment, termination of the contract, regard to their race, religion,sex,color,national origin,age or disability.
suspension/debarment or any other action determined to be appropriate Such action shall include:employment,upgrading,demotion,or transfer;
by the contracting agency and FHWA. recruitment or recruitment advertising;layoff or termination;rates of pay
or other forms of compensation; and selection for training, including
4. Selection of Labor During the performance of this contract, the apprenticeship,pre-apprenticeship,and/or on-the-job training."
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 2. EEO Officer: The contractor will designate and make known to the
performed by convicts who are on parole, supervised release, or contracting officers an EEO Officer who will have the responsibility for
probation. The term Federal-aid highway does not include roadways and must be capable of effectively administering and promoting an active
functionally classified as local roads or rural minor collectors. EEO program and who must be assigned adequate authority and
responsibility to do so.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A"PAGE 2 3n
U
3. Dissemination of Policy: All members of the contractor's staff b.The contractor will periodically evaluate the spread of wages paid
who are authorized to hire, supervise, promote, and discharge within each classification to determine any evidence of
employees,or who recommend such action,or who are substantially discriminatory wage practices.
involved in such action, will be made fully cognizant of, and will
implement, the contractor's EEO policy and contractual c. The contractor will periodically review selected personnel actions in
responsibilities to provide EEO in each grade and classification of depth to determine whether there is evidence of discrimination.
employment. To ensure that the above agreement will be met, the Where evidence is found,the contractor will promptly take corrective
following actions will be taken as a minimum: action. If the review indicates that the discrimination may extend
beyond the actions reviewed, such corrective action shall include all
a. Periodic meetings of supervisory and personnel office employees affected persons.
All be conducted before the start of work and then not less often
than once every six months, at which time the contractor's EEO d.The contractor will promptly investigate all complaints of alleged
policy and its implementation will be reviewed and explained. The discrimination made to the contractor in connection with its
meetings will be conducted by the EEO Officer. obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
b.All new supervisory or personnel office employees will be given a reasonable time. If the investigation indicates that the discrimination
thorough indoctrination by the EEO Officer, covering all major may affect persons other than the complainant, such corrective
aspects of the contractor's EEO obligations within thirty days action shall include such other persons. Upon completion of each
following their reporting for duty with the contractor. investigation, the contractor will inform every complainant of all of
their avenues of appeal.
c.All personnel who are engaged in direct recruitment for the project
will be instructed by the EEO Officer in the contractor's procedures 6.Training and Promotion:
for locating and hiring minorities and women.
a.The contractor will assist in locating, qualifying, and increasing the
d.Notices and posters setting forth the contractor's EEO policy will be skills of minorities and women who are applicants for employment or
placed in areas readily accessible to employees, applicants for current employees. Such efforts should be aimed at developing full
employment and potential employees. journey level status employees in the type of trade or job
classification involved.
e.The contractor's EEO policy and the procedures to implement such
policy will be brought to the attention of employees by means of b.Consistent with the contractor's work force requirements and as
meetings,employee handbooks,or other appropriate means. permissible under Federal and State regulations,the contractor shall
make full use of training programs, i.e., apprenticeship, and on-the-
4.Recruitment:When advertising for employees,the contractor will job training programs for the geographical area of contract
include in all advertisements for employees the notation: "An Equal performance. In the event a special provision for training is provided
Opportunity Employer." All such advertisements will be placed in under this contract, this subparagraph will be superseded as
publications having a large circulation among minorities and women indicated in the special provision. The contracting agency may
in the area from which the project work force would normally be reserve training positions for persons who receive welfare
derived. assistance in accordance with 23 U.S.C.140(a).
a.The contractor will, unless precluded by a valid bargaining c.The contractor will advise employees and applicants for employment
agreement,conduct systematic and direct recruitment through public of available training programs and entrance requirements for each.
and private employee referral sources likely to yield qualified
minorities and women. To meet this requirement,the contractor will d.The contractor will periodically review the training and promotion
identify sources of potential minority group employees,and establish potential of employees who are minorities and women and will
with such identified sources procedures whereby minority and encourage eligible employees to apply for such training and
women applicants may be referred to the contractor for employment promotion.
consideration.
7.Unions:If the contractor relies in whole or in part upon unions as
b.In the event the contractor has a valid bargaining agreement a source of employees, the contractor will use good faith efforts to
providing for exclusive hiring hall referrals, the contractor is obtain the cooperation of such unions to increase opportunities for
expected to observe the provisions of that agreement to the extent minorities and women. Actions by the contractor, either directly or
that the system meets the contractor's compliance with EEO through a contractor's association acting as agent, will include the
contract provisions. Where implementation of such an agreement procedures set forth below.
has the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such implementation a.The contractor will use good faith efforts to develop, in cooperation
violates Federal nondiscrimination provisions. with the unions, joint training programs aimed toward qualifying
more minorities and women for membership in the unions and
c.The contractor will encourage its present employees to refer increasing the skills of minorities and women so that they may
minorities and women as applicants for employment. Information quality for higher paying employment.
and procedures with regard to referring such applicants will be
discussed with employees. b.The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union will be
S. Personnel Actions: Wages, working conditions, and employee contractually bound to refer applicants without regard to their race,
benefits shall be established and administered, and personnel color,religion,sex,national origin,age or disability.
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without c. The contractor is to obtain information as to the referral practices
regard to race, color, religion, sex, national origin, age or disability. and policies of the labor union except that to the extent such
The following procedures shall be followed: information is within the exclusive possession of the labor union and
such labor union refuses to furnish such information to the
a.The contractor will conduct periodic inspections of project sites to contractor, the contractor shall so certify to the contracting agency
insure that working conditions and employee facilities do not indicate and shall set forth what efforts have been made to obtain such
discriminatory treatment of project site personnel. information.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A" '3
PAGE 1
d. In the event the union is unable to provide the contractor with a employees currently engaged in each work classification required by
reasonable flow of referrals within the time limit set forth in the the contract work. This information is to be reported on Form
collective bargaining agreement, the contractor will, through FHWA-1391. The staffing data should represent the project work
independent recruitment efforts, fill the employment vacancies force on board in all or any part of the last payroll period preceding
without regard to race, color, religion, sex, national origin, age or the end of July. If on-the-job training is being required by special
disability; making full efforts to obtain qualified and/or qualifiable provision,the contractor will be required to collect and report training
minorities and women. The failure of a union to provide sufficient data. The employment data should reflect the work force on board
referrals (even though it is obligated to provide exclusive referrals during all or any part of the last payroll period preceding the end of
under the terms of a collective bargaining agreement) does not July.
relieve the contractor from the requirements of this paragraph. In
the event the union referral practice prevents the contractor from III.NONSEGREGATED FACILITIES
meeting the obligations pursuant to Executive Order 11246, as
amended, and these special provisions, such contractor shall This provision is applicable to all Federal-aid construction contracts
immediately notify the contracting agency. and to all related construction subcontracts of$10,000 or more.
8.Reasonable Accommodation for Applicants f Employees with The contractor must ensure that facilities provided for employees
Disabilities: The contractor must be familiar with the requirements are provided in such a manner that segregation on the basis of race,
for and comply with the Americans with Disabilities Act and all rules color, religion, sex, or national origin cannot result The contractor
and regulations established there under. Employers must provide may neither require such segregated use by written or oral policies
reasonable accommodation in all employment activities unless to do nor tolerate such use by employee custom. The contractor's
so would cause an undue hardship. obligation extends further to ensure that its employees are not
assigned to perform their services at any location, under the
9. Selection of Subcontractors, Procurement of Materials and contractors control, where the facilities are segregated. The term
Leasing of Equipment:The contractor shall not discriminate on the "facilities"includes waiting rooms,work areas,restaurants and other
grounds of race,color, religion, sex,national origin, age or disability eating areas,time docks,restrooms,washrooms,locker rooms,and
in the selection and retention of subcontractors, including other storage or dressing areas, parking lots, drinking fountains,
procurement of materials and leases of equipment. The contractor recreation or entertainment areas, transportation, and housing
shall take all necessary and reasonable steps to ensure provided for employees. The contractor shall provide separate or
nondiscrimination in the administration of this contract. single-user restrooms and necessary dressing or sleeping areas to
assure privacy between sexes.
a.The contractor shall notify all potential subcontractors and suppliers
and lessors of their EEO obligations under this contract. IV. DAVIS-BACON AND RELATED ACT PROVISIONS
b.The contractor will use good faith efforts to ensure subcontractor This section is applicable to all Federal-aid construction projects
compliance with their EEO obligations. exceeding $2,000 and to all related subcontracts and lower-tier
10.Assurance Required by 49 CFR 26.13(b): subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway that
a.The requirements of 49 CFR Part 26 and the State DOT's U.S. is functionally classified as Federal-aid highway. This excludes
DOT-approved DBE program are incorporated by reference. roadways functionally classified as local roads or rural minor
collectors, which are exempt. Contracting agencies may elect to
b.The contractor or subcontractor shall not discriminate on the basis of apply these requirements to other projects.
race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of The following provisions are from the U.S. Department of Labor
49 CFR Part 26 in the award and administration of DOT-assisted regulations in 29 CFR 5.5"Contract provisions and related matters"
contracts. Failure by the contractor to cant'out these requirements with minor revisions to conform to the FHWA-1273 format and
is a material breach of this contract, which may result in the FHWA program requirements.
termination of this contract or such other remedy as the contracting
agency deems appropriate.
1. Minimum wages
11. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements. a.All laborers and mechanics employed or working upon the site of the
Such records shall be retained for a period of three years following work, will be paid unconditionally and not less often than once a
the date of the final payment to the contractor for all contract work week, and without subsequent deduction or rebate on any account
and shall be available at reasonable times and places for inspection (except such payroll deductions as are permitted by regulations
by authorized representatives of the contracting agency and the issued by the Secretary of Labor under the Copeland Act (29 CFR
FHWA. part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof)due at time of payment computed at rates
a.The records kept by the contractor shall document the following: not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof,
(1)The number and work hours of minority and non-minority group regardless of any contractual relationship which may be alleged to
members and women employed in each work classification on the exist between the contractor and such laborers and mechanics.
project;
(2)The progress and efforts being made in cooperation with unions, Contributions made or costs reasonably anticipated for bona fide
when applicable,to increase employment opportunities for minorities fringe benefits under section 1(bx2) of the Davis-Bacon Act on
and women;and behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics,subject to the provisions of paragraph 1.d.of
(3)The progress and efforts being made in locating, hiring, training, this section; also, regular contributions made or costs incurred for
qualifying,and upgrading minorities and women; more than a weekly period(but not less often than quarterly)under
plans,funds,or programs which cover the particular weekly period,
b.The contractors and subcontractors will submit an annual report to are deemed to be constructively made or incurred during such
the contracting agency each July for the duration of the project, weekly period. Such laborers and mechanics shall be paid the
indicating the number of minority, women, and non-minority group appropriate wage rate and fringe benefits on the wage determination
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A"
PAGE 2 32
for the classification of work actually performed, without regard to Bacon Act have been met. The Secretary of Labor may require the
skill,except as provided in 29 CFR 5.5(aX4).Laborers or mechanics contractor to set aside in a separate account assets for the meeting
performing work in more than one classification may be of obligations under the plan or program.
compensated at the rate specified for each classification for the time
actually worked therein: Provided, that the employer's payroll 2 Withholding
records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any
additional classification and wage rates conformed under paragraph The contracting agency shall upon its own action or upon written
1.b.of this section)and the Davis-Bacon poster(WH-1321)shall be request of an authorized representative of the Department of Labor,
posted at all times by the contractor and its subcontractors at the withhold or cause to be withheld from the contractor under this
site of the work in a prominent and accessible place where it can be contract, or any other Federal contract with the same prime
easily seen by the workers. contractor,or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same
b.(1)The contracting officer shall require that any class of laborers or prime contractor,so much of the accrued payments or advances as
mechanics, including helpers, which is not listed in the wage may be considered necessary to pay laborers and mechanics,
determination and which is to be employed under the contract shall including apprentices, trainees, and helpers, employed by the
be classified in conformance with the wage determination. The contractor or any subcontractor the full amount of wages required by
contracting officer shall approve an additional classification and the contract. In the event of failure to pay any laborer or mechanic,
wage rate and fringe benefits therefore only when the following including any apprentice,trainee,or helper,employed or working on
criteria have been met: the site of the work,all or part of the wages required by the contract,
the contracting agency may, after written notice to the contractor,
(i) The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of
performed by a classification in the wage determination;and any further payment, advance, or guarantee of funds until such
violations have ceased.
(ii)The classification is utilized in the area by the construction industry;
and 3. Payrolls and basic records
(iii)The proposed wage rate, including any bona fide fringe benefits, a.Payrolls and basic records relating thereto shall be maintained by
bears a reasonable relationship to the wage rates contained in the wage determination. the contractor during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics
(2)If the contractor and the laborers and mechanics to be employed working at the site of the work.Such records shall contain the name,
in the classification (if known), or their representatives, and the address,and social security number of each such worker,his or her
contracting officer agree on the classification and wage rate correct classification, hourly rates of wages paid (including rates of
(including the amount designated for fringe benefits where contributions or costs anticipated for bona fide fringe benefits or
appropriate), a report of the action taken shall be sent by the cash equivalents thereof of the types described in section 1(bX2XB)
contracting officer to the Administrator of the Wage and Hour of the Davis-Bacon Act),daily and weekly number of hours worked,
Division, Employment Standards Administration, U.S.Department of deductions made and actual wages paid.Whenever the Secretary of
Labor, Washington, DC 20210.The Administrator,or an authorized Labor has found under 29 CFR 5.5(aX1Xiv)that the wages of any
representative, will approve, modify, or disapprove every additional laborer or mechanic include the amount of any costs reasonably
classification action within 30 days of receipt and so advise the anticipated in providing benefits under a plan or program described
contracting officer or will notify the contracting officer within the 30- in section 1(bX2XB) of the Davis-Bacon Act, the contractor shall
day period that additional time is necessary. maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
(3) In the event the contractor, the laborers or mechanics to be responsible, and that the plan or program has been communicated
employed in the classification or their representatives, and the in writing to the laborers or mechanics affected, and records which
contracting officer do not agree on the proposed classification and show the costs anticipated or the actual cost incurred in providing
wage rate (including the amount designated for fringe benefits, such benefits. Contractors employing apprentices or trainees under
where appropriate), the contracting officer shall refer the questions, approved programs shall maintain written evidence of the
including the views of all interested parties and the recommendation registration of apprenticeship programs and certification of trainee
of the contracting officer, to the Wage and Hour Administrator for programs, the registration of the apprentices and trainees, and the
determination. The Wage and Hour Administrator, or an authorized ratios and wage rates prescribed in the applicable programs.
representative, will issue a determination within 30 days of receipt b.(1)The contractor shall submit weekly for each week in which any
and so advise the contracting officer or will notify the contracting contract work is performed a copy of all payrolls to the contracting
officer within the 30-day period that additional time is necessary. agency. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29
(4) The wage rate (including fringe benefits where appropriate) CFR 5.5(aX3Xi), except that full social security numbers and home
determined pursuant to paragraphs 1.b.(2)or t.b.(3)of this section, addresses shall not be included on weekly transmittals. Instead the
shall be paid to all workers performing work in the classification payrolls shall only need to include an individually identifying number
under this contract from the first day on which work is performed in for each employee(e.g. ,the last four digits of the employee's social
the classification. security number). The required weekly payroll information may be
submitted in any forth desired. Optional Form WH-347 is available
c.Whenever the minimum wage rate prescribed in the contract for a for this purpose from the Wage and Hour Division Web site at
class of laborers or mechanics includes a fringe benefit which is not http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor
expressed as an hourly rate, the contractor shall either pay the site. The prime contractor is responsible for the submission of
benefit as stated in the wage determination or shall pay another copies of payrolls by all subcontractors. Contractors and
bona fide fringe benefit or an hourly cash equivalent thereof. subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them
d.If the contractor does not make payments to a trustee or other third upon request to the contracting agency for transmission to the State
person, the contractor may consider as part of the wages of any DOT,the FHWA or the Wage and Hour Division of the Department
laborer or mechanic the amount of any costs reasonably anticipated of Labor for purposes of an investigation or audit of compliance with
in providing bona fide fringe benefits under a plan or program, prevailing wage requirements.It is not a violation of this section for a
Provided, That the Secretary of Labor has found, upon the written prime contractor to require a subcontractor to provide addresses
request of the contractor,that the applicable standards of the Davis-
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A"
PAGE 3 33
and social security numbers to the prime contractor for its own who is not registered or otherwise employed as stated above, shall
records,without weekly submission to the contracting agency. be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
(2)Each payroll submitted shall be accompanied by a"Statement of addition,any apprentice performing work on the job site in excess of
Compliance,"signed by the contractor or subcontractor or his or her the ratio permitted under the registered program shall be paid not
agent who pays or supervises the payment of the persons employed less than the applicable wage rate on the wage determination for the
under the contract and shall certify the following: work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its
(i) That the payroll for the payroll period contains the information program is registered, the ratios and wage rates (expressed in
required to be provided under§5.5(ax3Kii)of Regulations,29 CFR percentages of the journeyman's hourly rate) specified in the
part 5, the appropriate information is being maintained under§5.5 contractor's or subcontractor's registered program shall be
(a)(3xi)of Regulations,29 CFR part 5,and that such information is observed.
cored and complete;
(ii) That each laborer or mechanic (including each helper, Every apprentice must be paid at not less than the rate specified in
apprentice,and trainee)employed on the contract during the payroll the registered program for the apprentice's level of progress,
period has been paid the full weekly wages earned, without rebate, expressed as a percentage of the journeymen hourly rate specified
either directly or indirectly, and that no deductions have been made in the applicable wage determination. Apprentices shall be paid
either directly or indirectly from the full wages earned, other than fringe benefits in accordance with the provisions of the
permissible deductions as set forth in Regulations,29 CFR part 3; apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
(iii)That each laborer or mechanic has been paid not less than the fringe benefits listed on the wage determination for the applicable
applicable wage rates and fringe benefits or cash equivalents for the classification. If the Administrator determines that a different practice
classification of work performed,as specified in the applicable wage prevails for the applicable apprentice classification, fringes shall be
determination incorporated into the contract. paid in accordance with that determination.
(3) The weekly submission of a properly executed certification set In the event the Office of Apprenticeship Training, Employer and
forth on the reverse side of Optional Forth WH-347 shall satisfy the Labor Services,or a State Apprenticeship Agency recognized by the
requirement for submission of the "Statement of Compliance" Office, withdraws approval of an apprenticeship program, the
required by paragraph 3.b.(2)of this section. contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until
(4)The falsification of any of the above certifications may subject the an acceptable program is approved.
contractor or subcontractor to civil or criminal prosecution under
section 1001 of title 18 and section 231 of title 31 of the United b.Trainees(programs of the USDOL).
States Code.
c.The contractor or subcontractor shall make the records required Except as provided in 29 CFR 5.16,trainees will not be permitted to
under paragraph 3.a. of this section available for inspection, work at less than the predetermined rate for the work performed
copying, or transcription by authorized representatives of the unless they are employed pursuant to and individually registered in
contracting agency, the State DOT, the FHWA, or the Department a program which has received prior approval, evidenced by formal
of Labor, and shall permit such representatives to interview certification by the U.S. Department of Labor, Employment and
employees during working hours on the job. If the contractor or Training Administration,
subcontractor fails to submit the required records or to make them
available, the FHWA may, after written notice to the contractor, the The ratio of trainees to journeymen on the job site shall not be
necessary to causea the suspension of any further payment,
contracting agency the Slate DOT, take such action as may be greater than permitted under the plan approved by the Employment
advance, or guarantee of funds. Furthermore, failure to submit the and Training Administration.
required records upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR 5.12. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,expressed as a
4. Apprentices and trainees percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee
a.Apprentices(programs of the USDOL). program does not mention fringe benefits,trainees shall be paid the
full amount of fringe benefits listed on the wage determination
Apprentices will be permitted to work at less than the predetermined unless the Administrator of the Wage and Hour Division determines
rate for the work they performed when they are employed pursuant that there is an apprenticeship program associated with the
to and individually registered in a bona fide apprenticeship program corresponding journeyman wage rate on the wage determination
registered with the U.S. Department of Labor, Employment and which provides for less than full fringe benefits for apprentices.Any
Training Administration,Office of Apprenticeship Training, Employer employee listed on the payroll at a trainee rate who is not registered
and Labor Services, or with a State Apprenticeship Agency and participating in a training plan approved by the Employment and
recognized by the Office,or if a person is employed in his or her first Training Administration shall be paid not less than the applicable
90 days of probationary employment as an apprentice in such an wage rate on the wage determination for the classification of work
apprenticeship actually performed. In addition, any trainee performing work on the
pp p program, who is not individually registered in the job site in excess of the ratio permitted under the registered program
program, but who has been certified by the Office Apprenticeship shall be paid not less than the applicable wage rate on the wage
Training, Employer and Labor Services or a Statea Apprenticeship Agency (where appropriate) to be eligible for probationary determination for the work actually performed.
employment as an apprentice.
In the event the Employment and Training Administration withdraws
The allowable ratio of apprentices to journeymen on the job site in approval of a training program, the contractor will no longer be
any craft classification shall not be greater than the ratio permitted to permitted to utilize trainees at less than the applicable
the contractor as to the entire work force under the registered predetermined rate for the work performed until an acceptable
program.Any worker listed on a payroll at an apprentice wage rate, program is approved.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A"PAGE 4 3
c. Equal employment opportunity. The utilization of apprentices, by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
trainees and journeymen under this part shall be in conformity with terms laborers and mechanics include watchmen and guards.
the equal employment opportunity requirements of Executive Order
11246,as amended,and 29 CFR part 30. 1. Overtime requirements. No contractor or subcontractor
d.Apprentices and Trainees(programs of the U.S.DOT). contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or
Apprentices and trainees working under apprenticeship and skill she is employed on such work to work in excess of forty hours in
training programs which have been certified by the Secretary of such workweek unless such laborer or mechanic receives
Transportation as promoting EEO in connection with Federal-aid compensation at a rate not less than one and one-half times the
highway construction programs are not subject to the requirements basic rate of pay for all hours worked in excess of forty hours in such
of paragraph 4 of this Section IV. The straight time hourly wage workweek.
rates for apprentices and trainees under such programs will be
established by the particular programs.The ratio of apprentices and 2.Violation; liability for unpaid wages; liquidated damages. In
trainees to journeymen shall not be greater than permitted by the the event of any violation of the clause set forth in paragraph(1.)of
terms of the particular program. this section, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
5.Compliance with Copeland Act requirements. The contractor contractor and subcontractor shall be liable to the United States(in
shall comply with the requirements of 29 CFR part 3, which are the case of work done under contract for the District of Columbia or
incorporated by reference in this contract. a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect
6.Subcontracts. The contractor or subcontractor shall insert Forth to each individual laborer or mechanic, including watchmen and
FHWA-1273 in any subcontracts and also require the subcontractors guards, employed in violation of the clause set forth in paragraph
to include Form FHWA-1273 in any lower tier subcontracts. The (1.)of this section,in the sum of$10 for each calendar day on which
prime contractor shall be responsible for the compliance by any such individual was required or permitted to work in excess of the
subcontractor or lower tier subcontractor with all the contract standard workweek of forty hours without payment of the overtime
clauses in to CFR 5.5. wages required by the clause set forth in paragraph (1.) of this
section.
7. Contract termination: debarment. A breach of the contract 3.Withholding for unpaid wages and liquidated damages. The
clauses in 29 CFR 5.5 may be grounds for termination of the FHWA or the contacting agency shall upon its own action or upon
contract, and for debarment as a contractor and a subcontractor as written request of an authorized representative of the Department of
provided in 29 CFR 5.12.
Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
8.Compliance with Davis-Bacon and Related Act requirements. under any such contract or any other Federal contract with the same
All rulings and interpretations of the Davis-Bacon and Related Acts prime contractor, or any other federally-assisted contract subject to
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by the Contract Work Hours and Safety Standards Act,which is held by
reference in this contract. the same prime contractor,such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
9. Disputes concerning labor standards. Disputes arising out of subcontractor for unpaid wages and liquidated damages as provided
the labor standards provisions of this contract shall not be subject to in the clause set forth in paragraph(2.)of this section.
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of 4.Subcontracts. The contractor or subcontractor shall insert in any
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the subcontracts the clauses set forth in paragraph (1.)through (4.) of
meaning of this clause include disputes between the contractor(or this section and also a clause requiring the subcontractors to include
any of its subcontractors) and the contracting agency, the U.S. these clauses in any lower tier subcontracts. The prime contractor
Department of Labor,or the employees or their representatives. shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth In paragraphs (1.)
10.Certification of eligibility. through(4.)of this section.
a.By entering into this contract, the contractor certifies that neither it VI.SUBLETTING OR ASSIGNING THE CONTRACT
(nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firth ineligible to be awarded This provision is applicable to all Federal-aid construction contracts
Government contracts by virtue of section 3(a)of the Davis-Bacon on the National Highway System.
Act or 29 CFR 5.12(aX1).
b.No art of this contract shall be subcontracted to an 1.The contractor shall perform with its own organization contract work
p y person or firm amounting to not less than 30 percent (or a greater percentage if
ineligible for award of a Government contract by virtue of section specified elsewhere in the contract) of the total original contract
3(a)of the Davis-Bacon Act or 29 CFR 5.12(aX1). price, excluding any specialty items designated by the contracting
c.The penalty for making false statements is prescribed in the U.S. agency. Specialty items may be performed by subcontract and the
Criminal Code, 18 U.S.C. 1001. amount of any such specialty items performed may be deducted
from the total original contract price before computing the amount of
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT work required to be performed by the contractor's own organization
(23 CFR 635.116).
The following clauses apply to any Federal-aid construction contract a.The term "perform work with its own organization"refers to workers
in an amount in excess of $100,000 and subject to the overtime employed or leased by the prime contractor, and equipment owned
provisions of the Contract Work Hours and Safety Standards Act. or rented by the prime contractor, with or without operators. Such
These clauses shall be inserted in addition to the clauses required term does not include employees or equipment of a subcontractor or
lower tier subcontractor,agents of the prime contractor,or any other
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A" 35
PAGE 5
assignees. The term may include payments for the costs of hiring 107 of the Contract Work Hours and Safety Standards Act (40
leased employees from an employee leasing fine meeting all U.S.C.3704).
relevant Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime contractor 3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that the
meets all of the following conditions: Secretary of Labor or authorized representative thereof, shall have
right of entry to any site of contract performance to inspect or
(1) the prime contractor maintains control over the supervision of the investigate the matter of compliance with the construction safety and
day-today activities of the leased employees; health standards and to carry out the duties of the Secretary under
(2) the prime contractor remains responsible for the quality of the work Section 107 of the Contract Work Hours and Safety Standards Act
of the leased employees; (40 U.S.C.3704).
(3) the prime contractor retains all power to accept or exclude individual
employees from work on the project;and Vlll.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
(4) the prime contractor remains ultimately responsible for the payment
of predetermined minimum wages, the submission of payrolls, This provision is applicable to all Federal-aid construction contracts
statements of compliance and all other Federal regulatory and to all related subcontracts.
requirements.
In order to assure high quality and durable construction in conformity
b."Specialty Items" shall be construed to be limited to work that with approved plans and specifications and a high degree of
requires highly specialized knowledge, abilities, or equipment not reliability on statements and representations made by engineers,
ordinarily available in the type of contracting organizations qualified contractors,suppliers,and workers on Federal-aid highway projects,
and expected to bid or propose on the contract as a whole and in it is essential that all persons concerned with the project perform
general are to be limited to minor components of the overall their functions as carefully, thoroughly, and honestly as possible.
contract. Willful falsification, distortion, or misrepresentation with respect to
any facts related to the project is a violation of Federal law. To
2.The contract amount upon which the requirements set forth in prevent any misunderstanding regarding the seriousness of these
paragraph(1)of Section A is computed includes the cost of material and similar acts, Form FHWA-1022 shall be posted on each
and manufactured products which are to be purchased or produced Federal-aid highway project (23 CFR 635) in one or more places
by the contractor under the contract provisions. where it is readily available to all persons concerned with the
project:
3.The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct 18 U.S.C. 1020 reads as follows:
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations "Whoever,being an officer,agent,or employee of the United States,
(regardless of who performs the work)and(b)such other of its own or of any State or Territory, or whoever, whether a person,
organizational resources (supervision, management, and association, firm, or corporation, knowingly makes any false
engineering services) as the contracting officer determines is statement, false representation, or false report as to the character,
necessary to assure the performance of the contract. quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
4.No portion of the contract shall be sublet, assigned or otherwise cost thereof in connection with the submission of plans, maps,
disposed of except with the written consent of the contracting officer, specifications, contracts,or costs of construction on any highway or
or authorized representative,and such consent when given shall not related project submitted for approval to the Secretary of
be construed to relieve the contractor of any responsibility for the Transportation;or
fulfillment of the contract. Written consent will be given only after
the contracting agency has assured that each subcontract is Whoever knowingly makes any false statement, false
evidenced in writing and that it contains all pertinent provisions and representation, false report or false claim with respect to the
requirements of the prime contract. character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection
5.The 30% self-performance requirement of paragraph (1) is not with the construction of any highway or related project approved by
applicable to design-build contracts; however, contracting agencies the Secretary of Transportation;or
may establish their own self-performance requirements.
Whoever knowingly makes any false statement or false
VII.SAFETY:ACCIDENT PREVENTION representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal-aid Roads Act
This provision is applicable to all Federal-aid construction contracts approved July 1, 1916, (39 Stat. 355). as amended and
and to all related subcontracts. supplemented;
1.In the performance of this contract the contractor shall comply with Shall be fined under this title or imprisoned not more than 5 years
all applicable Federal,State,and local laws governing safety,health, or both"
and sanitation (23 CFR 635). The contractor shall provide all
safeguards, safety devices and protective equipment and take any IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
other needed actions as it determines, or as the contracting officer WATER POLLUTION CONTROL ACT
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 This provision is applicable to all Federal-aid construction contracts
protect property in connection with the performance of the work and to all related subcontracts.
covered by the contract.
By submission of this bid/proposal or the execution of this contract,
2.It is a condition of this contract, and shall be made a condition of or subcontract, as appropriate, the bidder, proposer, Federal-aid
each subcontract, which the contractor enters into pursuant to this construction contractor, or subcontractor, as appropriate, will be
contract, that the contractor and any subcontractor shall not permit deemed to have stipulated as follows:
any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous 1.That any person who is or will be utilized in the performance of this
or dangerous to his/her health or safety, as determined under contract is not prohibited from receiving an award due to a violation
construction safety and health standards (29 CFR 1926) of Section 508 of the Clean Water Act or Section 306 of the Clean
promulgated by the Secretary of Labor, in accordance with Section AirAct.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A" 36
PAGE 6
solicitations for lower tier covered transactions exceeding the
2.That the contractor agrees to include or cause to be included the $25,000 threshold.
requirements of paragraph(1)of this Section X in every subcontract,
and further agrees to take such action as the contracting agency h.A participant in a covered transaction may rely upon a certification of
may direct as a means of enforcing such requirements. a prospective participant in a lower tier covered transaction that is
not debarred, suspended,ineligible,or voluntarily excluded from the
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, covered transaction, unless it knows that the certification is
INELIGIBILITY AND VOLUNTARY EXCLUSION erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to
This provision is applicable to all Federal-aid construction contracts, participate in covered transactions. To verify the eligibility of its
design-build contracts, subcontracts, lower-tier subcontracts, principals, as well as the eligibility of any lower tier prospective
purchase orders, lease agreements, consultant contracts or any participants, each participant may, but is not required to, check the
other covered transaction requiring FHWA approval or that is Excluded Parties List System website(httos://www.eDls.00v/l,which
estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 is compiled by the General Services Administration.
and 1200.
i. Nothing contained in the foregoing shall be construed to require the
1.Instructions for Certification—First Tier Participants: establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and
a.By signing and submitting this proposal, the prospective first tier information of the prospective participant is not required to exceed
participant is providing the certification set out below. that which is normally possessed by a prudent person in the
ordinary course of business dealings.
b.The inability of a person to provide the certification set out below will
not necessarily result in denial of participation in this covered j. Except for transactions authorized under paragraph (f) of these
transaction. The prospective first tier participant shall submit an instructions, if a participant in a covered transaction knowingly
explanation of why it cannot provide the certification set out below. enters into a lower tier covered transaction with a person who is
The certification or explanation will be considered in connection with suspended, debarred, ineligible, or voluntarily excluded from
the department or agency's determination whether to enter into this participation in this transaction, in addition to other remedies
transaction. However, failure of the prospective first tier participant available to the Federal Government,the department or agency may
to furnish a certification or an explanation shall disqualify such a terminate this transaction for cause or default.
person from participation in this transaction.
c. The certification in this clause is a material representation of fact 2. Certification Regarding Debarment, Suspension,Ineligibility
upon which reliance was placed when the contracting agency and Voluntary Exclusion—First Tier Participants:
determined to enter into this transaction. If it is later determined that
the prospective participant knowingly rendered an erroneous a.The prospective first tier participant certifies to the best of its
certification, in addition to other remedies available to the Federal knowledge and belief,that it and its principals:
Government, the contracting agency may terminate this transaction
for cause of default. (1) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
d.The prospective first tier participant shall provide immediate written covered transactions by any Federal department or agency;
notice to the contracting agency to whom this proposal is submitted
if any time the prospective first tier participant learns that its(2) Have not within a three-year period preceding this proposal been
certification was erroneous when submitted or has become convicted of or had a civil judgment rendered against them for
erroneous by reason of changed circumstances. commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
e.The terms "covered transaction," "debarred," "suspended," State or local) transaction or contract under a public transaction;
"ineligible," "participant," "person," "principal," and "voluntarily violation of Federal or State antitrust statutes or commission of
excluded," as used in this clause, are defined in 2 CFR Parts 180 embezzlement, theft, forgery, bribery, falsification or destruction of
and 1200. "First Tier Covered Transactions"refers to any covered records,making false statements,or receiving stolen property;
transaction between a grantee or subgranlee of Federal funds and a
participant (such as the prime or general contract). "Lower Tier(3) Are not presently indicted for or otherwise criminally or civilly
Covered Transactions" refers to any covered transaction under a charged by a governmental entity (Federal, State or local) with
First Tier Covered Transaction (such as subcontracts). "First Tier commission of any of the offenses enumerated in paragraph(ax2)
Participant"refers to the participant who has entered into a covered of this certification;and
transaction with a grantee or subgrantee of Federal funds(such as
the prime or general contractor). "Lower Tier Participant"refers any(4) Have not within a three-year period preceding this
participant who has entered into a covered transaction with a First application/proposal had one or more public transactions(Federal,
Tier Participant or other Lower Tier Participants (such as State or local)terminated for cause or default.
subcontractors and suppliers).
b.Where the prospective participant is unable to certify to any of the
f. The prospective first tier participant agrees by submitting this statements in this certification, such prospective participant shall
proposal that, should the proposed covered transaction be entered attach an explanation to this proposal.
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared 2.Instructions for Certification-Lower Tier Participants:
ineligible, or voluntarily excluded from participation in this covered
transaction,unless authorized by the department or agency entering (Applicable to all subcontracts, purchase orders and other lower tier
into this transaction. transactions requiring prior FHWA approval or estimated to cost
$25,000 or more-2 CFR Parts 180 and 1200)
g.The prospective first tier participant further agrees by submitting this
proposal that it will include the clause titled"Certification Regarding a.By signing and submitting this proposal,the prospective lower tier is
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower providing the certification set out below.
Tier Covered Transactions," provided by the department or
contracting agency, entering into this covered transaction, without b.The certification in this clause is a material representation of fact
modification, in all lower tier covered transactions and in all upon which reliance was placed when this transaction was entered
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO.14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A" ry
PAGE 7
into.If it is later determined that the prospective lower tier participant Certification Regarding Debarment, Suspension, Ineligibility
knowingly rendered an erroneous certification, in addition to other and Voluntary Exclusion--Lower Tier Participants:
remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available 1.The prospective lower tier participant certifies,by submission of this
remedies,including suspension and/or debarment. proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
c.The prospective lower tier participant shall provide immediate written voluntarily excluded from participating in covered transactions by
notice to the person to which this proposal is submitted if at any time any Federal department or agency.
the prospective lower tier participant learns that its certification was
erroneous by reason of changed circumstances. 2.Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
d.The terms "covered transaction," "debarred," "suspended," participant shall attach an explanation to this proposal.
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 `````
and 1200. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
"First Tier Covered Transactions"refers to any covered transaction XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
between a grantee or subgrantee of Federal funds and a participant FOR LOBBYING
(such as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First Tier This provision is applicable to all Federal-aid construction contracts
Covered Transaction(such as subcontracts). "First Tier Participant" and to all related subcontracts which exceed$100,000(49 CFR 20).
refers to the participant who has entered into a covered transaction
with a grantee or subgrantee of Federal funds(such as the prime or 1.The prospective participant certifies, by signing and submitting this
general contractor). "Lower Tier Participant" refers any participant bid or proposal,to the best of his or her knowledge and belief,that:
who has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants(such as subcontractorsa. No Federal appropriated funds have been paid or will be paid,by or
and suppliers). on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal
e.The prospective lower tier participant agrees by submitting this agency,a Member of Congress,an officer or employee of Congress,
proposal that, should the proposed covered transaction be entered or an employee of a Member of Congress in connection with the
into, it shall not knowingly enter into any lower tier covered awarding of any Federal contract,the making of any Federal grant,
transaction with a person who is debarred, suspended, declared the making of any Federal loan,the entering into of any cooperative
ineligible, or voluntarily excluded from participation in this covered agreement, and the extension, continuation, renewal, amendment,
transaction, unless authorized by the department or agency with or modification of any Federal contract, grant, loan, or cooperative
which this transaction originated. agreement.
f. The prospective lower tier participant further agrees by submittingb. If any funds other than Federal appropriated funds have been paid
this proposal that it will include this clause titled "Certification or will be paid to any person for influencing or attempting to
Regarding Debarment, Suspension, Ineligibility and Voluntary influence an officer or employee of any Federal agency, a Member
Exclusion-Lower Tier Covered Transaction,"without modification, in of Congress,an officer or employee of Congress,or an employee of
all lower tier covered transactions and in all solicitations for lower tier a Member of Congress in connection with this Federal contract,
covered transactions exceeding the$25,000 threshold. grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, 'Disclosure Form to
g.A participant in a covered transaction may rely upon a certification of Report Lobbying,"in accordance with its instructions.
a prospective participant in a lower tier covered transaction that is
not debarred,suspended,ineligible,or voluntarily excluded from the 2.This certification is a material representation of fact upon which
covered transaction, unless it knows that the certification is reliance was placed when this transaction was made or entered into.
erroneous.A participant is responsible for ensuring that its principals, Submission of this certification is a prerequisite for making or
are not suspended,debarred,or otherwise ineligible to participate in entering into this transaction imposed by 31 U.S.C. 1352. Any
covered transactions. To verify the eligibility of its principals,as well person who fails to file the required certification shall be subject to a
as the eligibility of any lower tier prospective participants, each civil penalty of not less than $10,000 and not more than $100,000
participant may, but is not required to, check the Excluded Parties for each such failure.
List System websile (httos://www.epls.ciov/), which is compiled by
the General Services Administration. 3.The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of this
h.Nothing contained in the foregoing shall be construed to require certification be included in all lower tier subcontracts,which exceed
establishment of a system of records in order to render in good faith $100,000 and that all such recipients shall certify and disclose
the certification required by this clause. The knowledge and accordingly.
information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph a 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 with
which this transaction originated may pursue available remedies,
including suspension and/or debarment.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A" 38
PAGE 8
FEMALE AND MIONORITY GOALS
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984(10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic Area Goal-%
Redding CA: 6.8
174 on-SMSA(Standard Metropolitan Statistical Area)Counties:
CA Lassen; CA Modoc;CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka,CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt;CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties: 28.9
7120 Salinas-Seaside-Monterey, CA
CA Monterey 25.6
7360 San Francisco-Oakland
CA Alameda;CA Contra Costa;CA Marin;CA San Francisco; CA San Mateo
7400 San Jose, CA 19.6
176 CA Santa Clara, CA
7485 Santa Cruz, CA 14.9
CA Santa Cruz
7500 Santa Rosa 9A
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solana
Non-SMSA Counties: 23.2
CA Lake;CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties:
16.1
6920 Sacramento,CA
177 CA Placer; CA Sacramento;CA Yolo
14.3
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado;CA Glenn;CA Nevada; CA Sierra; CA Sutter;CA Yuba
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA AI ine; CA Amador;CA Calaveras; CA Mariposa;CA Merced;CA Tuolumne
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield,CA 19A
179 CA Kern
2840 Fresno, CA 26.1
CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera;CA Tulare
For each July during which work is performed under the contract, you and each non material-supplier subcontractor with a
subcontract of$10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August
15.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM—EXHIBIT"A"
FEBRUARY 8,2018 PAGE 9 39
FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is identified in Section 7-2.3 of the
Special Provisions.
This section applies if a number of trainees or apprentices is specified in Section 7-2.3 of the Special
Provisions.
As part of your equal 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 your subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st 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 of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, submit to the City of Palm Springs:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City of Palm Springs approval for this submitted information before you start work. The City of
Palm Springs 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 of this section is to train and upgrade minorities and women toward journeymen
status. Make every effort to enroll minority and women apprentices or trainees, such as conducting
systematic and direct recruitment through public and private sources likely to yield minority and women
apprentices or trainees, to the extent they are available within a reasonable recruitment area. Shaw that
you have made the efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to
journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship
and Training
Ask the employee if the employee has successfully completed a training 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 of
Palm Springs and FHWA approves a program if one of the following is met:
1. It is calculated to:
■ Meet the your equal employment opportunity responsibilities
■ Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of
the training period
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY 8,2018 PAGE 10 40
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 before you start work involving the classification
covered by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is
allowed in lower level management positions such as office 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 office. Off-site training is
allowed if the training is an integral part of an approved training program and does not make up a
significant part of the overall training.
The City of Palm Springs reimburses you 80 cents per hour of training given an employee on this contract
under an approved training program:
1. For on-site training
2. For off-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 off-site training period
3. If you comply this section.
Each apprentice or trainee must:
1. 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:
1. Copy of the program you will comply within providing the training
2. Certification showing the type and length of training satisfactorily completed
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY 8,2018 PAGE 11 41
TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest
(hereinafter collectively referred to as CONTRACTOR) agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in
federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are
herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed 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 program set forth in Appendix B of
the Regulations.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by CONTRACTOR for 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 CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations,
or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the California Department of Transportation or FHWA to
be pertinent to ascertain compliance with such Regulations or directives. Where any information required of
CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information,
CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate,
and shall set forth what efforts CONTRACTOR has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination
provisions of this agreement, the California Department of Transportation shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to
exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every
sub-agreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
CONTRACTOR 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 for noncompliance, provided, however, that, in the event CONTRACTOR 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 of the
State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the
interests of the United States.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION
The Cargo Preference Act (CPA) requires that "... at least 50 percent of any equipment, materials, or
commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or
advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall
be transported on privately owned United States-flag commercial vessels, if available." On January 7, 2016,
the Federal Highway Administration (FHWA) advised Caltrans on the applicability of the CPA and
implementing regulations (46 CFR 381) to the Federal-aid highway program. FHWA will use notice and
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY 8,2018 PAGE 12
42
comment rulemaking to implement appropriate contract clauses in the next revision of Form FHWA-1273
"Required Contract Provisions Federal-Aid Construction Contracts."
The following clause is hereby inserted into this Exhibit "A" to the construction contract requiring the
Contractor's compliance with the CPA requirements and its implementing regulations in 46 CFR 381 for all
Federal-aid projects. The clause should incorporate the recommended clauses in 46 CFR 381.7(a)-(b).
Use of United States flag vessels:
The contractor agrees—
(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping
any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at
fair and reasonable rates for United States-flag commercial vessels.
(2) To furnish within 20 days following the date of loading for shipments originating within the United States or
within 30 working days following the date of loading for shipments originating outside the United States, a
legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo
described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the
case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590.
(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
***END OF EXHIBIT"A"*' `
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY 8,2018 PAGE 13
43
ATTACHMENT 5
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 4th day of April, 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
Superior Pavement Markings, Inc., a California corporation. 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:
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEDERAL AID PROJECT NO. CML-5282 (044)
The Work comprises the construction of bicycle lanes along San Rafael Drive from N.
Palm Canyon Drive to Sunrise Way; Farrell Drive between Tahquitz Canyon Way and
Ramon Road; Camino Real between E. Palm Canyon Drive and La Verne Way; La
Verne Way between S. Palm Canyon Drive and Twin Palms Drive; and Crossley Road
between Ramon Road and 34t' Avenue. The work includes removal and replacement of
existing traffic striping, pavement markers, installation of thermoplastic bike lane lines,
thermoplastic bike lane markings, thermoplastic crosswalks, curb painting, signs, traffic
loops, vehicle detection camera adjustments, and all appurtenant work.
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.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 1 45
ARTICLE 3 — CONTRACT PRICE Bid Schedules A, B, C, D, and E
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 Five Hundred Ninety Six
Thousand Four Hundred Eighty Two Dollars and Five Cents ($596,482.05).
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, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Local Business Preference Program — Good Faith Efforts, Non-
Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid
Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings,
Addenda numbers 01 to 02, inclusive, and all Construction Contract Change Orders and
Work Change Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
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.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO, 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 2 46
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.
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.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 3 47
ARTICLE 10 -- NON-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.
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
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 4 48
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, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
By Date
David H. Ready
City Manager
Agreement No.
ATTEST:
By
Anthony J. Mejia, MMC
City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia,
Director of Engineering Services/City
Engineer
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 5 49
CONTRACTOR
By: Superior Pavement Markings, 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 (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
State of ) State of )
County of )ss County of )ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM
FEBRUARY 8,2018 AGREEMENT AND BONDS-PAGE 6 50
EXHIBIT "A"
Federal Requirements
for
Federal-Aid Construction Projects
(Form FHWA 1273),
Female and Minority Goals,
Federal Trainee Program,
Title IV Assurances
FOLLOWS THIS PAGE
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM-EXHIBIT"A"
51
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
If. Nondiscrimination 11. NONDISCRIMINATION
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions The provisions of this section related to 23 CFR Part 230 are applicable
V. Contract Work Hours and Safety Standards Act Provisions to all Federal-aid construction contracts and to all related construction
VI. Subletting or Assigning the Contract subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are
VII. Safely:Accident Prevention not applicable to material supply, engineering, or architectural service
Vill. False Statements Concerning Highway Projects contracts.
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act In addition, the contractor and all subcontractors must comply with the
X. Compliance with Govemmentwide Suspension and Debarment following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
Requirements 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
XI. Certification Regarding Use of Contract Funds for Lobbying amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
amended,and related regulations including 49 CFR Parts 21,26 and 27;
ATTACHMENTS and 23 CFR Parts 200,230,and 633.
A. Employment and Materials Preference for Appalachian Development The contractor and all subcontractors must comply With: the
Highway System or Appalachian Local Access Road Contracts(included requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
in Appalachian contracts only) for all construction contracts exceeding $10,000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in
1. GENERAL 41 CFR 60-4.3.
1. Form FF WA-1273 must be physically incorporated in each Note:The U.S.Department of Labor has exclusive authority to determine
construction contract funded under Title 23 (excluding emergency compliance with Executive Order 11246 and the policies of the Secretary
contracts solely intended for debris removal). The contractor (or of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting
subcontractor) must insert this form in each subcontract and further agency and the FHWA have the authority and the responsibility to
require its inclusion in all lower tier subcontracts (excluding purchase ensure compliance with Title 23 USC Section 140,the Rehabilitation Act
orders, rental agreements and other agreements for supplies or of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of
services). 1964, as amended, and related regulations including 49 CFR Parts 21,
26 and 27:and 23 CFR Parts 200,230,and 633.
The applicable requirements of Form FFIWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or The following provision is adopted from 23 CFR 230, Appendix A, with
agreement for other services. The prime contractor shall be responsible appropriate revisions to conform to the U.S. Department of Labor(US
for compliance by any subcontractor, lower-tier subcontractor or service DOL)and FHWA requirements.
provider.
1. Equal Employment Opportunity: Equal employment opportunity
Form FHWA-1273 must be included in all Federal-aid design-build (EEO)requirements not to discriminate and to take affirmative action to
contracts, in all subcontracts and in lower tier subcontracts (excluding assure equal opportunity as set forth under laws,executive orders,rules,
subcontracts for design services, purchase orders, rental agreements regulations(28 CFR 35,29 CFR 1630, 29 CFR 1625-1627,41 CFR 60
and other agreements for supplies or services). The design-builder shall and 49 CFR 27)and orders of the Secretary of Labor as modified by the
be responsible for compliance by any subcontractor, lower-tier provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140
subcontractor or service provider. shall constitute the EEO and speck affirmative action standards for the
contractor's project activities under this contract. The provisions of the
Contracting agencies may reference Form FHWA-1273 in bid proposal Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set
or request for proposal documents,however,the Form FHWA-1273 must forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference
be physically incorporated(not referenced)in all contracts, subcontracts in this contract.In the execution of this contract,the contractor agrees to
and lower-tier subcontracts (excluding purchase orders, rental comply with the following minimum specific requirement activities of
agreements and other agreements for supplies or services related to a EEO:
construction contract).
a.The contractor will work with the contracting agency and the Federal
2. Subject to the applicability criteria noted in the following sections, Government to ensure that it has made every good faith effort to provide
these contract provisions shall apply to all work performed on the equal opportunity with respect to all of its terms and conditions of
contract by the contractor's own organization and with the assistance of employment and in their review of activities under the contract.
workers under the contractor's immediate superintendence and to all
work performed on the contract by piecework, station work, or by b. The contractor will accept as its operating policy the following
subcontract. statement:
3. A breach of any of the stipulations contained in these Required "It is the policy of this Company to assure that applicants are
Contract Provisions may be sufficient grounds for withholding of progress employed, and that employees are treated during employment, without
payments, withholding of final payment, termination of the contract, regard to their race, religion,sex,color, national origin,age or disability.
suspension/debarment or any other action determined to be appropriate Such action shall include:employment,upgrading,demotion, or transfer;
by the contracting agency and FHWA. recruitment or recruitment advertising;layoff or termination; rates of pay
or other forms of compensation; and selection for training, including
4. Selection of Labor: During the performance of this contract, the apprenticeship,pre-apprenticeship,and/or on-the-job training."
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 2. EEO Officer: The contractor will designate and make known to the
performed by convicts who are on parole, supervised release, or contracting officers an EEO Officer who will have the responsibility for
probation. The term Federal-aid highway does not include roadways and must be capable of effectively administering and promoting an active
functionally classified as local roads or rural minor collectors. EEO program and who must be assigned adequate authority and
responsibility to do so.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO.14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A" C e�
PAGE 2 J G
3. Dissemination of Policy: All members of the contractors staff b.The contractor will periodically evaluate the spread of wages paid
who are authorized to hire, supervise, promote, and discharge within each classification to determine any evidence of
employees,or who recommend such action,or who are substantially discriminatory wage practices.
involved in such action, will be made fully cognizant of, and will
implement, the contractors EEO policy and contractual c.The contractor will periodically review selected personnel actions in
responsibilities to provide EEO in each grade and classification of depth to determine whether there is evidence of discrimination.
employment. To ensure that the above agreement will be met, the Where evidence is found,the contractor will promptly take corrective
following actions will be taken as a minimum: action. If the review indicates that the discrimination may extend
beyond the actions reviewed, such corrective action shall include all
a.Periodic meetings of supervisory and personnel office employees affected persons.
will be conducted before the start of work and then not less often
than once every six months, at which time the contractors EEO d.The contractor will promptly investigate all complaints of alleged
policy and its implementation will be reviewed and explained. The discrimination made to the contractor in connection with its
meetings will be conducted by the EEO Officer. obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
b.All new supervisory or personnel office employees will be given a reasonable time. If the investigation indicates that the discrimination
thorough indoctrination by the EEO Officer, covering all major may affect persons other than the complainant, such corrective
aspects of the contractor's EEO obligations within thirty days action shall include such other persons. Upon completion of each
following their reporting for duty with the contractor. investigation, the contractor will inform every complainant of all of
their avenues of appeal.
c.All personnel who are engaged in direct recruitment for the project
will be instructed by the EEO Officer in the contractors procedures 6.Training and Promotion:
for locating and hiring minorities and women.
a.The contractor will assist in locating, qualifying, and increasing the
d.Notices and posters setting forth the contractor's EEO policy will be skills of minorities and women who are applicants for employment or
placed in areas readily accessible to employees, applicants for current employees. Such efforts should be aimed at developing full
employment and potential employees. journey level status employees in the type of trade or job
classification involved.
e.The contractors EEO policy and the procedures to implement such
policy will be brought to the attention of employees by means of b.Consistent with the contractors work force requirements and as
meetings,employee handbooks,or other appropriate means. permissible under Federal and State regulations,the contractor shall
make full use of training programs, i.e., apprenticeship, and on-the-
4.Recruitment:When advertising for employees,the contractor will job training programs for the geographical area of contract
include in all advertisements for employees the notation: "An Equal performance. In the event a special provision for training is provided
Opportunity Employer." All such advertisements will be placed in under this contract, this subparagraph will be superseded as
publications having a large circulation among minorities and women indicated in the special provision. The contracting agency may
in the area from which the project work force would normally be reserve training positions for persons who receive welfare
derived. assistance in accordance with 23 U.S.C.140(a).
a.The contractor will, unless precluded by a valid bargaining c.The contractor will advise employees and applicants for employment
agreement,conduct systematic and direct recruitment through public of available training programs and entrance requirements for each.
and private employee referral sources likely to yield qualified
minorities and women. To meet this requirement,the contractor will d.The contractor will periodically review the training and promotion
identify sources of potential minority group employees,and establish potential of employees who are minorities and women and will
with such identified sources procedures whereby minority and encourage eligible employees to apply for such training and
women applicants may be referred to the contractor for employment promotion.
consideration.
7.Unions:If the contractor relies in whole or in part upon unions as
b. In the event the contractor has a valid bargaining agreement a source of employees, the contractor will use good faith efforts to
providing for exclusive hiring hall referrals, the contractor is obtain the cooperation of such unions to increase opportunities for
expected to observe the provisions of that agreement to the extent minorities and women. Actions by the contractor, either directly or
that the system meets the contractors compliance with EEO through a contractors association acting as agent, will include the
contract provisions. Where implementation of such an agreement procedures set forth below:
has the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such implementation a.The contractor will use good faith efforts to develop, in cooperation
violates Federal nondiscrimination provisions. with the unions, joint training programs aimed toward qualifying
more minorities and women for membership in the unions and
c. The contractor will encourage its present employees to refer increasing the skills of minorities and women so that they may
minorities and women as applicants for employment. Information qualify for higher paying employment.
and procedures with regard to referring such applicants will be
discussed with employees. b.The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union will be
5. Personnel Actions: Wages, working conditions, and employee contractually bound to refer applicants without regard to their race,
benefits shall be established and administered, and personnel color, religion,sex,national origin,age or disability.
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without c. The contractor is to obtain information as to the referral practices
regard to race, color, religion, sex, national origin, age or disability. and policies of the labor union except that to the extent such
The following procedures shall be followed: information is within the exclusive possession of the labor union and
such labor union refuses to furnish such information to the
a.The contractor will conduct periodic inspections of project sites to contractor, the contractor shall so certify to the contracting agency
insure that working conditions and employee facilities do not indicate and shall set forth what efforts have been made to obtain such
discriminatory treatment of project site personnel. information.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
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FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A" 53
PAGE 9
d. In the event the union is unable to provide the contractor with a employees currently engaged in each work classification required by
reasonable Flow of referrals within the time limit set forth in the the contract work. This information is to be reported on Forth
collective bargaining agreement, the contractor will, through FHWA-1391. The staffing data should represent the project work
independent recruitment efforts, fill the employment vacancies force on board in all or any part of the last payroll period preceding
without regard to race, color, religion, sex, national origin, age or the end of July. If on-the-job training is being required by special
disability; making full efforts to obtain qualified and/or qualifiable provision,the contractor will be required to collect and report training
minorities and women. The failure of a union to provide sufficient data. The employment data should reflect the work force on board
referrals (even though it is obligated to provide exclusive referrals during all or any part of the last payroll period preceding the end of
under the terms of a collective bargaining agreement) does not July.
relieve the contractor from the requirements of this paragraph. In
the event the union referral practice prevents the contractor from III.NONSEGREGATED FACILITIES
meeting the obligations pursuant to Executive Order 11246, as
amended, and these special provisions, such contractor shall This provision is applicable to all Federal-aid construction contracts
immediately notify the contracting agency. and to all related construction subcontracts of$10,000 or more.
8.Reasonable Accommodation for Applicants f Employees with The contractor must ensure that facilities provided for employees
Disabilities: The contractor must be familiar with the requirements are provided in such a manner that segregation on the basis of race,
for and comply with the Americans with Disabilities Act and all rules color, religion, sex, or national origin cannot result. The contractor
and regulations established there under. Employers must provide may neither require such segregated use by written or oral policies
reasonable accommodation in all employment activities unless to do nor tolerate such use by employee custom. The contractor's
so would cause an undue hardship. obligation extends further to ensure that its employees are not
assigned to perform their services at any location, under the
9. Selection of Subcontractors, Procurement of Materials and contractor's control, where the facilities are segregated. The term
Leasing of Equipment:The contractor shall not discriminate on the "facilities"includes waiting rooms,work areas, restaurants and other
grounds of race, color, religion,sex, national origin, age or disability eating areas,time clocks,restrooms,washrooms,locker rooms,and
in the selection and retention of subcontractors, including other storage or dressing areas, parking lots, drinking fountains,
procurement of materials and leases of equipment. The contractor recreation or entertainment areas, transportation, and housing
shall take all necessary and reasonable steps to ensure provided for employees. The contractor shall provide separate or
nondiscrimination in the administration of this contract. single-user reslrooms and necessary dressing or sleeping areas to
assure privacy between sexes.
a.The contractor shall notify all potential subcontractors and suppliers
and lessors of their EEO obligations under this contract. IV. DAVIS-BACON AND RELATED ACT PROVISIONS
b.The.contractor will use good faith efforts to ensure subcontractor This section is applicable to all Federal-aid construction projects
compliance with their EEO obligations, exceeding $2,000 and to all related subcontracts and lower-tier
10.Assurance Required by 49 CFR 26.13(b): subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway that
a.The requirements of 49 CFR Part 26 and the State DOT's U.S. is functionally classified as Federal-aid highway. This excludes
DOT-approved DBE program are incorporated by reference. roadways functionally classified as local roads or rural minor
collectors, which are exempt. Contracting agencies may elect to
b.The contractor or subcontractor shall not discriminate on the basis of apply these requirements to other projects.
race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of The following provisions are from the U.S. Department of Labor
49 CFR Part 26 in the award and administration of DOT-assisted regulations in 29 CFR 5.5"Contract provisions and related matters"
contracts. Failure by the contractor to carry out these requirements with minor revisions to conform to the FHWA-1273 format and
is a material breach of this contract, which may result in the FHWA program requirements.
termination of this contract or such other remedy as the contracting
agency deems appropriate.
1. Minimum wages
11. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements. a.All laborers and mechanics employed or working upon the site of the
Such records shall be retained for a period of three years following work, will be paid unconditionally and not less often than once a
the date of the final payment to the contractor for all contract work week, and without subsequent deduction or rebate on any account
and shall be available at reasonable times and places for inspection (except such payroll deductions as are permitted by regulations
by authorized representatives of the contracting agency and the issued by the Secretary of Labor under the Copeland Act(29 CFR
FHWA. part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof)due at time of payment computed at rates
a.The records kept by the contractor shall document the following: not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof,
(1)The number and work hours of minority and non-minority group regardless of any contractual relationship which may be alleged to
members and women employed in each work classification on the exist between the contractor and such laborers and mechanics.
project;
(2)The progress and efforts being made in cooperation with unions, Contributions made or costs reasonably anticipated for bona fide
when applicable,to increase employment opportunities for minorities fringe benefits under section 1(bx2) of the Davis-Bacon Act on
and women;and behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics,subject to the provisions of paragraph 1.d.of
(3)The progress and efforts being made in locating, hiring, training, this section; also, regular contributions made or costs incurred for
qualifying,and upgrading minorities and women; more than a weekly period(but not less often than quarterly)under
plans, funds, or programs which cover the particular weekly period,
b.The contractors and subcontractors will submit an annual report to are deemed to be constructively made or incurred during such
the contracting agency each July for the duration of the project, weekly period. Such laborers and mechanics shall be paid the
indicating the number of minority, women, and non-minority group appropriate wage rate and fringe benefits on the wage determination
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
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for the classification of work actually performed, without regard to Bacon Act have been met.The Secretary of Labor may require the
skill,except as provided in 29 CFR 5.5(aX4).Laborers or mechanics contractor to set aside in a separate account assets for the meeting
performing work in more than one classification may be of obligations under the plan or program.
compensated at the rate specified for each classification for the time
actually worked therein: Provided, that the employer's payroll 2 Withholding
records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any
additional classification and wage rates conformed under paragraph The contracting agency shall upon its own action or upon written
1.b.of this section)and the Davis-Bacon poster(WH-1321)shall be request of an authorized representative of the Department of Labor,
posted at all times by the contractor and its subcontractors at the withhold or cause to be withheld from the contractor under this
site of the work in a prominent and accessible place where it can be contract, or any other Federal contract with the same prime
easily seen by the workers. contractor,or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same
b.(1)The contracting officer shall require that any class of laborers or prime contractor,so much of the accrued payments or advances as
mechanics, including helpers, which is not listed in the wage may be considered necessary to pay laborers and mechanics,
determination and which is to be employed under the contract shall including apprentices, trainees, and helpers, employed by the
be classified in conformance with the wage determination. The contractor or any subcontractor the full amount of wages required by
contracting officer shall approve an additional classification and the contract. In the event of failure to pay any laborer or mechanic,
wage rate and fringe benefits therefore only when the following including any apprentice,trainee,or helper,employed or working on
criteria have been met: the site of the work,all or part of the wages required by the contract,
the contracting agency may, after written notice to the contractor,
(i) The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of
performed by a classification in the wage determination;and any further payment, advance, or guarantee of funds until such
violations have ceased.
(ii)The classification is utilized in the area by the construction industry;
and 3. Payrolls and basic records
(iii)The proposed wage rate, including any bona fide fringe benefits, a.Payrolls and basic records relating thereto shall be maintained by
bears a reasonable relationship to the wage rates contained in the the contractor during the course of the work and preserved for a
wage determination. period of three years thereafter for all laborers and mechanics
(2)If the contractor and the laborers and mechanics to be employed working at the site of the work.Such records shall contain the name,
in the classification (if known), or their representatives, and the address,and social security number of each such worker, his or her
contracting officer agree on the classification and wage rate correct classification, hourly rates of wages paid (including rates of
(including the amount designated for fringe benefits where contributions or costs anticipated for bona fide fringe benefits or
appropriate), a report of the action taken shall be sent by the cash equivalents thereof of the types described in section 1(bX2XB)
contracting officer to the Administrator of the Wage and Hour of the Davis-Bacon Act),daily and weekly number of hours worked,
Division,Employment Standards Administration, U.S. Department of deductions made and actual wages paid.Whenever the Secretary of
Labor,Washington, DC 20210.The Administrator, or an authorized Labor has found under 29 CFR 5.5(aX1 Xiv)that the wages of any
representative, will approve, modify, or disapprove every additional laborer or mechanic include the amount of any costs reasonably
classification action within 30 days of receipt and so advise the anticipated in providing benefits under a plan or program described
contracting officer or will notify the contracting officer within the 30- in section 1(bX2XB) of the Davis-Bacon Act, the contractor shall
day period that additional time is necessary. maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
(3) In the event the contractor, the laborers or mechanics to be responsible, and that the plan or program has been communicated
employed in the classification or their representatives, and the in writing to the laborers or mechanics affected, and records which
contracting officer do not agree on the proposed classification and show the costs anticipated or the actual cost incurred in providing
wage rate (including the amount designated for fringe benefits, such benefits. Contractors employing apprentices or trainees under
where appropriate),the contracting officer shall refer the questions, approved programs shall maintain written evidence of the
including the views of all interested parties and the recommendation registration of apprenticeship programs and certification of trainee
of the contracting officer, to the Wage and Hour Administrator for programs, the registration of the apprentices and trainees, and the
determination. The Wage and Hour Administrator, or an authorized ratios and wage rates prescribed in the applicable programs.
representative, will issue a determination within 30 days of receipt b.(1)The contractor shall submit weekly for each week in which any
and so advise the contracting officer or will notify the contracting contract work is performed a copy of all payrolls to the contracting
officer within the 30-day period that additional time is necessary. agency. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29
(4) The wage rate (including fringe benefits where appropriate) CFR 5.5(aX3Xi), except that full social security numbers and home
determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this section, addresses shall not be included on weekly transmittals. Instead the
shall be paid to all workers performing work in the classification payrolls shall only need to include an individually identifying number
under this contract from the first day on which work is performed in for each employee(e.g.,the last four digits of the employee's social
the classification. security number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is available
c.Whenever the minimum wage rate prescribed in the contract for a for this purpose from the Wage and Hour Division Web site at
class of laborers or mechanics includes a fringe benefit which is not http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor
expressed as an hourly rate, the contractor shall either pay the site. The prime contractor is responsible for the submission of
benefit as stated in the wage determination or shall pay another copies of payrolls by all subcontractors. Contractors and
bona fide fringe benefit or an hourly cash equivalent thereof. subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them
d.If the contractor does not make payments to a trustee or other third upon request to the contracting agency for transmission to the State
person, the contractor may consider as part of the wages of any DOT, the FHWA or the Wage and Hour Division of the Department
laborer or mechanic the amount of any costs reasonably anticipated of Labor for purposes of an investigation or audit of compliance with
in providing bona fide fringe benefits under a plan or program, prevailing wage requirements.It is not a violation of this section for a
Provided, That the Secretary of Labor has found, upon the written Prime contractor to require a subcontractor to provide addresses
request of the contractor,that the applicable standards of the Davis-
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and social security numbers to the prime contractor for its own who is not registered or otherwise employed as stated above, shall
records,without weekly submission to the contracting agency. be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
(2)Each payroll submitted shall be accompanied by a"Statement of addition,any apprentice performing work on the job site in excess of
Compliance,"signed by the contractor or subcontractor or his or her the ratio permitted under the registered program shall be paid not
agent who pays or supervises the payment of the persons employed less than the applicable wage rate on the wage determination for the
under the contract and shall certify the following: work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its
(i) That the payroll for the payroll period contains the information program is registered, the ratios and wage rates (expressed in
required to be provided under§5.5(aX3Xii)of Regulations, 29 CFR percentages of the journeyman's hourly rate) specified in the
part 5, the appropriate information is being maintained under §5.5 contractor's or subcontractor's registered program shall be
(aX3Xi)of Regulations,29 CFR part 5, and that such information is observed.
correct and complete;
(ii) That each laborer or mechanic (including each helper, Every apprentice must be paid at not less than the rate specified in
apprentice,and trainee)employed on the contract during the payroll the registered program for the apprentice's level of progress,
period has been paid the full weekly wages earned,without rebate, expressed as a percentage of the journeymen hourly rate specified
either directly or indirectly, and that no deductions have been made in the applicable wage determination. Apprentices shall be paid
either directly or indirectly from the full wages earned, other than fringe benefits in accordance with the provisions of the
permissible deductions as set forth in Regulations,29 CFR part 3; apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
(iii)That each laborer or mechanic has been paid not less than the fringe benefits listed on the wage determination for the applicable
applicable wage rates and fringe benefits or cash equivalents for the classification.If the Administrator determines that a different practice
classification of work performed, as specified in the applicable wage prevails for the applicable apprentice classification, fringes shall be
determination incorporated into the contract. paid in accordance with that determination.
(3) The weekly submission of a property executed certification set In the event the Office of Apprenticeship Training, Employer and
forth on the reverse side of Optional Forth WH-347 shall satisfy the Labor Services,or a State Apprenticeship Agency recognized by the
requirement for submission of the "Statement of Compliance" Office, withdraws approval of an apprenticeship program, the
required by paragraph 3.b.(2)of this section. contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until
(4)The falsification of any of the above certifications may subject the an acceptable program is approved.
contractor or subcontractor to civil or criminal prosecution under
section 1001 of titre 18 and section 231 of title 31 of the United b.Trainees(programs of the USDOL).
States Code.
c. The contractor or subcontractor shall make the records required Except as provided in 29 CFR 5.16,trainees will not be permitted to
under paragraph 3.a. of this section available for inspection, work at less than the predetermined rate for the work performed
copying, or transcription by authorized representatives of the unless they are employed pursuant to and individually registered in
contracting agency,the State DOT, the FHWA, or the Department a program which has received prior approval, evidenced by formal
of Labor, and shall permit such representatives to interview certification by the U.S. Department of Labor, Employment and
employees during working hours on the job. If the contractor or Training Administration.
subcontractor fails to submit the required records or to make them
available, the FHWA may, after written notice to the contractor, the The ratio of trainees to journeymen on the job site shall not be
necessary to causea the suspension of any further payment,
contracting agency the State DOT, take such action as may be greater than permitted under the plan approved by the Employment advance, or guarantee of funds. Furthermore, failure to submit the and Training Administration.
required records upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR 5.12. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,expressed as a
4. Apprentices and trainees percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee
a.Apprentices(programs of the USDOL). program does not mention fringe benefits,trainees shall be paid the
full amount of fringe benefits listed on the wage determination
Apprentices will be permitted to work at less than the predetermined unless the Administrator of the Wage and Hour Division determines
rate for the work they performed when they are employed pursuant that there is an apprenticeship program associated with the
to and individually registered in a bona fide apprenticeship program corresponding journeyman wage rate on the wage determination
registered with the U.S. Department of Labor, Employment and which provides for less than full fringe benefits for apprentices.Any
Training Administration,Office of Apprenticeship Training, Employer employee listed on the payroll at a trainee rate who is not registered
and Labor Services, or with a State Apprenticeship Agency and participating in a training plan approved by the Employment and
recognized by the Office,or if a person is employed in his or her first Training Administration shall be paid not less than the applicable
90 days of probationary employment as an apprentice in such an ',wage rate on the wage determination for the classification of work
apprenticeship program, who is not individually registered in the actually performed. In addition, any trainee performing work on the
program, but who has been certified by the Office of Apprenticeship job site in excess of the ratio permitted under the registered program
Training, Employer and Labor Services or a State Apprenticeship shall be paid not less than the applicable wage rate on the wage
Agency (where appropriate) to be eligible for probationary determination for the work actually performed.
employment as an apprentice.
In the event the Employment and Training Administration withdraws
The allowable ratio of apprentices to journeymen on the job site in approval of a training program, the contractor will no longer be
any craft classification shall not be greater than the ratio permitted to permitted to utilize trainees at less than the applicable
the contractor as to the entire work force under the registered predetermined rate for the work performed until an acceptable
program.Any worker listed on a payroll at an apprentice wage rate, program is approved.
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c. Equal employment opportunity. The utilization of apprentices, by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
trainees and journeymen under this part shall be in conformity with terms laborers and mechanics include watchmen and guards.
the equal employment opportunity requirements of Executive Order
11246,as amended,and 29 CFR part 30. 1. Overtime requirements. No contractor or subcontractor
d.Apprentices and Trainees(programs of the U.S.DOT). contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or
Apprentices and trainees working under apprenticeship and skill she is employed on such work to work in excess of forty hours in
training programs which have been certified by the Secretary of such workweek unless such laborer or mechanic receives
Transportation as promoting EEO in connection with Federal-aid compensation at a rate not less than one and one-half times the
highway construction programs are not subject to the requirements basic rate of pay for all hours worked in excess of forty hours in such
of paragraph 4 of this Section IV. The straight time hourly wage workweek.
rates for apprentices and trainees under such programs will be
established by the particular programs.The ratio of apprentices and 2 Violation; liability for unpaid wages; liquidated damages. In
trainees to journeymen shall not be greater than permitted by the the event of any violation of the clause set forth in paragraph(1.)of
terms of the particular program. this section, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
5.Compliance with Copeland Act requirements. The contractor contractor and subcontractor shall be liable to the United States(in
shall comply with the requirements of 29 CFR part 3, which are the case of work done under contract for the District of Columbia or
incorporated by reference in this contract. a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect
6.Subcontracts. The contractor or subcontractor shall insert Forth to each individual laborer or mechanic, including watchmen and
FHWA-1273 in any subcontracts and also require the subcontractors guards, employed in violation of the clause set forth in paragraph
include Forth FHWA-1273 in any lower tier subcontracts. The (1.)of this section,in the sum of$10 for each calendar day on which
to
to contractor shall be responsible for the compliance by any such individual was required or permitted to work in excess of the
subcontractor or lower tier subcontractor with all the contract standard workweek of forty hours without payment of the overtime
clauses in 29 CFR l wages required by the clause set forth in paragraph (1.) of this
section.
7. Contract termination: debarment. A breach of the contract 3.Withholding for unpaid wages and liquidated damages. The
clauses in 29 CFR 5.5 may be grounds for termination of the FHWA or the contacting agency shall upon its own action or upon
contract, and for debarment as a contractor and a subcontractor as written request of an authorized representative of the Department of
provided in 29 CFR 5.12.
Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
8.Compliance with Davis-Bacon and Related Act requirements. under any such contract or any other Federal contract with the same
All rulings and interpretations of the Davis-Bacon and Related Acts prime contractor, or any other federally-assisted contract subject to
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by the Contract Work Hours and Safety Standards Act,which is held by
reference in this contract. the same prime contractor,such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
9. Disputes concerning labor standards. Disputes arising out of subcontractor for unpaid wages and liquidated damages as provided
the labor standards provisions of this contract shall not be subject to in the clause set forth in paragraph(2.)of this section.
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of 4.Subcontracts. The contractor or subcontractor shall insert in any
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the subcontracts the clauses set forth in paragraph (1.)through (4.)of
meaning of this clause include disputes between the contractor(or this section and also a clause requiring the subcontractors to include
any of its subcontractors) and the contracting agency, the U.S. these clauses in any lower tier subcontracts. The prime contractor
Department of Labor,or the employees or their representatives. shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs (1.)
10.Certification of eligibility. through(4.)of this section.
a.By entering into this contract, the contractor certifies that neither it VI.SUBLETTING OR ASSIGNING THE CONTRACT
(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 This provision is applicable to all Federal-aid construction contracts
Government contracts by virtue of section 3(a)of the Davis-Bacon on the National Highway System.
Act or 29 CFR 5.12(a)(1).
b.No part of this contract shall be subcontracted to any person or firth 1.The contractor shall perform with its own organization contract work
ineligible for award of a Govern contract
Government cct by virtue of section amounting to not less than 30 percent (or a greater percentage if
3(a)of the Davis-Bacon or rn CFR ontrac1). specified elsewhere in the contract) of the total original contract
price, excluding any specialty items designated by the contracting
c.The penalty for making false statements is prescribed in the U.S. agency. Specialty items may be performed by subcontract and the
Criminal Code, 18 U.S.C. 1001. amount of any such specialty items performed may be deducted
from the total original contract price before computing the amount of
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT work required to be performed by the contractor's own organization
(23 CFR 635,116).
The following clauses apply to any Federal-aid construction contract a.The term "perform work with its own organization"refers to workers
in an amount in excess of $100,000 and subject to the overtime employed or leased by the prime contractor, and equipment owned
provisions of the Contract Work Hours and Safety Standards Act. or rented by the prime contractor, with or without operators. Such
These clauses shall be inserted in addition to the clauses required term does not include employees or equipment of a subcontractor or
lower tier subcontractor,agents of the prime contractor,or any other
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assignees. The tens may include payments for the costs of hiring 107 of the Contract Work Hours and Safety Standards Ad (40
leased employees from an employee leasing firm meeting all U.S.C.3704).
relevant Federal and State regulatory requirements. Leased
employees may only be included in this tens if the prime contractor 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the
meets all of the following conditions: Secretary of labor or authorized representative thereof, shall have
right of entry to any site of contract performance to inspect or
(1) the prime contractor maintains control over the supervision of the investigate the matter of compliance with the construction safety and
day-to-day activities of the leased employees; health standards and to carry out the duties of the Secretary under
(2) the prime contractor remains responsible for the quality of the work Section 107 of the Contract Work Hours and Safety Standards Act
of the leased employees; (40 U.S.C.3704).
(3) the prime contractor retains all power to accept or exclude individual
employees from work on the project;and Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
(4) the prime contractor remains ultimately responsible for the payment
of predetermined minimum wages, the submission of payrolls. This provision is applicable to all Federal-aid construction contracts
statements of compliance and all other Federal regulatory and to all related subcontracts.
requirements.
In order to assure high quality and durable construction in conformity
b."Specialty Items" shall be construed to be limited to work that with approved plans and specifications and a high degree of
requires highly specialized knowledge, abilities, or equipment not reliability on statements and representations made by engineers,
ordinarily available in the type of contracting organizations qualified contractors,suppliers,and workers on Federal-aid highway projects,
and expected to bid or propose on the contract as a whole and in it is essential that all persons concerned with the project perform
general are to be limited to minor components of the overall their functions as carefully, thoroughly, and honestly as possible.
contract. Willful falsification, distortion, or misrepresentation with respect to
any facts related to the project is a violation of Federal law. To
2.The contract amount upon which the requirements set forth in prevent any misunderstanding regarding the seriousness of these
paragraph(1)of Section VI is computed includes the cost of material and similar acts, Form FHWA-1022 shall be posted on each
and manufactured products which are to be purchased or produced Federal-aid highway project (23 CFR 635) in one or more places
by the contractor under the contract provisions. where it is readily available to all persons concerned with the
project:
3.The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the fine, has full authority to direct 18 U.S.C. 1020 reads as follows:
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations "Whoever, being an officer,agent,or employee of the United States,
(regardless of who performs the work)and(b)such other of its own or of any State or Territory, or whoever, whether a person,
organizational resources (supervision, management, and association, firm, or corporation, knowingly makes any false
engineering services) as the contracting officer determines is statement, false representation, or false report as to the character,
necessary to assure the performance of the contract. quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed,or the
4.No portion of the contract shall be sublet, assigned or otherwise cost thereof in connection with the submission of plans, maps,
disposed of except with the written consent of the contracting officer, specifications, contracts,or costs of construction on any highway or
or authorized representative,and such consent when given shall not related project submitted for approval to the Secretary of
be construed to relieve the contractor of any responsibility for the Transportation;or
fulfillment of the contract. Written consent will be given only after
the contracting agency has assured that each subcontract is Whoever knowingly makes any false statement, false
evidenced in writing and that it contains all pertinent provisions and representation, false report or false claim with respect to the
requirements of the prime contract. character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection
5.The 30% self-performance requirement of paragraph (1) is not with the construction of any highway or related project approved by
applicable to design-build contracts; however, contracting agencies the Secretary of Transportation;or
may establish their own self-performance requirements.
Whoever knowingly makes any false statement or false
VII.SAFETY:ACCIDENT PREVENTION representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal-aid Roads Act
This provision is applicable to all Federal-aid construction contracts approved July 1, 1916, (39 Stall. 355), as amended and
and to all related subcontracts. supplemented;
1. In the performance of this contract the contractor shall comply with Shall be fined under this title or imprisoned not more than 5 years
all applicable Federal,State,and local laws governing safety,health, or both."
and sanitation (23 CFR 635). The contractor shall provide all
safeguards, safety devices and protective equipment and take any IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
other needed actions as it determines, or as the contracting officer WATER POLLUTION CONTROL ACT
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 This provision is applicable to all Federal-aid construction contracts
protect property in connection with the performance of the work and to all related subcontracts.
covered by the contract.
By submission of this bid/proposal or the execution of this contract,
2. It is a condition of this contract, and shall be made a condition of or subcontract, as appropriate, the bidder, proposer, Federal-aid
each subcontract, which the contractor enters into pursuant to this construction contractor, or subcontractor, as appropriate, will be
contract, that the contractor and any subcontractor shall not permit deemed to have stipulated as follows:
any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous 1.That any person who is or will be utilized in the performance of this
or dangerous to his/her health or safety, as determined under contract is not prohibited from receiving an award due to a violation
construction safety and health standards (29 CFR 1926) of Section 508 of the Clean Water Act or Section 306 of the Clean
promulgated by the Secretary of Labor, in accordance with Section Air Act.
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solicitations for lower tier covered transactions exceeding the
2.That the contractor agrees to include or cause to be included the $25,000 threshold.
requirements of paragraph(1)of this Section X in every subcontract,
and further agrees to take such action as the contracting agency h.A participant in a covered transaction may rely upon a certification of
may direct as a means of enforcing such requirements. a prospective participant in a lower tier covered transaction that is
not debarred,suspended, ineligible,or voluntarily excluded from the
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, covered transaction, unless it knows that the certification is
INELIGIBILITY AND VOLUNTARY EXCLUSION erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to
This provision is applicable to all Federal-aid construction contracts, participate in covered transactions. To verify the eligibility of its
design-build contracts, subcontracts, lower-tier subcontracts, principals, as well as the eligibility of any lower tier prospective
purchase orders, lease agreements, consultant contracts or any participants, each participant may, but is not required to, check the
other covered transaction requiring FHWA approval or that is Excluded Parties List System website(httos://www.apis.govt),which
estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 is compiled by the General Services Administration.
and 1200.
i. Nothing contained in the foregoing shall be construed to require the
1.Instructions for Certification—First Tier Participants: establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and
a. By signing and submitting this proposal, the prospective first ter information of the prospective participant is not required to exceed
participant is providing the certification set out below. that which is normally possessed by a prudent person in the
ordinary course of business dealings.
b.The inability of a person to provide the certification set out below will
not necessarily result in denial of participation in this covered j. Except for transactions authorized under paragraph (f) of these
transaction. The prospective first tier participant shall submit an instructions, if a participant in a covered transaction knowingly
explanation of why it cannot provide the certification set out below. enters into a lower tier covered transaction with a person who is
The certification or explanation will be considered in connection with suspended, debarred, ineligible, or voluntarily excluded from
the department or agency's determination whether to enter into this participation in this transaction, in addition to other remedies
transaction. However, failure of the prospective first tier participant available to the Federal Government,the department or agency may
to furnish a certification or an explanation shall disqualify such a terminate this transaction for cause or default.
person from participation in this transaction.
c. The certification in this clause is a material representation of fact 2. Certification Regarding Debarment, Suspension, Ineligibility
upon which reliance was placed when the contracting agency and Voluntary Exclusion—First Tier Participants:
determined to enter into this transaction. If it is later determined that
the prospective participant knowingly rendered an erroneous a.The prospective first tier participant certifies to the best of its
certification, in addition to other remedies available to the Federal knowledge and belief,that it and its principals:
Government, the contracting agency may terminate this transaction
for cause of default. (1) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
d.The prospective first tier participant shall provide immediate written covered transactions by any Federal department or agency;
notice to the contracting agency to whom this proposal is submitted
if any time the prospective first tier participant learns that its(2) Have not within a three-year period preceding this proposal been
certification was erroneous when submitted or has become convicted of or had a civil judgment rendered against them for
erroneous by reason of changed circumstances. commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
e.The terms "covered transaction," "debarred," "suspended," State or local) transaction or contract under a public transaction;
"ineligible;. "participant," "person," "principal," and "voluntarily violation of Federal or Stale antitrust statutes or commission of
excluded," as used in this clause, are defined in 2 CFR Parts 180 embezzlement, theft, forgery, bribery, falsification or destruction of
and 1200. "First Tier Covered Transactions" refers to any covered records,making false statements,or receiving stolen property;
transaction between a grantee or subgrantee of Federal funds and a
participant (such as the prime or general contract). "Lower Tier(3) Are not presently indicted for or otherwise criminally or civilly
Covered Transactions" refers to any covered transaction under a charged by a governmental entity (Federal, State or local) with
First Tier Covered Transaction (such as subcontracts). "First Tier commission of any of the offenses enumerated in paragraph (ax2)
Participant"refers to the participant who has entered into a covered of this certification;and
transaction with a grantee or subgrantee of Federal funds(such as
the prime or general contractor). "Lower Tier Participant"refers any(4) Have not within a three-year period preceding this
participant who has entered into a covered transaction with a First application/proposal had one or more public transactions (Federal,
Tier Participant or other Lower Tier Participants (such as State or local)terminated for cause or default.
subcontractors and suppliers).
b.Where the prospective participant is unable to certify to any of the
f. The prospective first tier participant agrees by submitting this statements in this certification, such prospective participant shall
proposal that, should the proposed covered transaction be entered attach an explanation to this proposal.
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared 2.Instructions for Certification-Lower Tier Participants:
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering (Applicable to all subcontracts,purchase orders and other lower tier
into this transaction. transactions requiring prior FHWA approval or estimated to cost
$25,000 or more-2 CFR Parts 180 and 1200)
g.The prospective first tier participant further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding a.By signing and submitting this proposal,the prospective lower tier is
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower providing the certificaton set out below.
Tier Covered Transactions," provided by the department or
contracting agency, entering into this covered transaction, without b.The certification in this clause is a material representation of fact
modification, in all lower tier covered transactions and in all upon which reliance was placed when this transaction was entered
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A" 59
PAGE 15
into. If it is later determined that the prospective lower tier participant Certification Regarding Debarment, Suspension, Ineligibility
knowingly rendered an erroneous certification, in addition to other and Voluntary Exclusion--Lower Tier Participants:
remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available 1.The prospective lower tier participant certifies, by submission of this
remedies,including suspension and/or debarment. proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
c. The prospective lower tier participant shall provide immediate written voluntarily excluded from participating in covered transactions by
notice to the person to which this proposal is submitted if at any time any Federal department or agency.
the prospective lower tier participant learns that its certification was
erroneous by reason of changed circumstances. 2.Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
d.The terms "covered transaction," "debarred," "suspended," participant shall attach an explanation to this proposal.
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 ``.
and 1200. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
"First Tier Covered Transactions" refers to any covered transaction XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
between a grantee or subgrantee of Federal funds and a participant FOR LOBBYING
(such as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First Tier This provision is applicable to all Federal-aid construction contracts
Covered Transaction(such as subcontracts). "First Tier Participant" and to all related subcontracts which exceed$100,000(49 CFR 20).
refers to the participant who has entered into a covered transaction
with a grantee or subgrantee of Federal funds(such as the prime or 1.The prospective participant certifies, by signing and submitting this
general contractor). "Lower Tier Participant" refers any participant bid or proposal,to the best of his or her knowledge and belief,that:
who has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants(such as subconlractorsa. No Federal appropriated funds have been paid or will be paid,by or
and suppliers). on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal
e.The prospective lower tier participant agrees by submitting this agency,a Member of Congress,an officer or employee of Congress,
proposal that, should the proposed covered transaction be entered or an employee of a Member of Congress in connection with the
into, it shall not knowingly enter into any lower tier covered awarding of any Federal contract,the making of any Federal grant,
transaction with a person who is debarred, suspended, declared the making of any Federal loan,the entering into of any cooperative
ineligible, or voluntarily excluded from participation in this covered agreement, and the extension, continuation, renewal, amendment,
transaction, unless authorized by the department or agency with or modification of any Federal contract, grant, loan, or cooperative
which this transaction originated. agreement.
f. The prospective lower tier participant further agrees by submittingb. If any funds other than Federal appropriated funds have been paid
this proposal that it will include this clause titled "Certification or will be paid to any person for influencing or attempting to
Regarding Debarment, Suspension, Ineligibility and Voluntary influence an officer or employee of any Federal agency, a Member
Exclusion-Lower Tier Covered Transaction,"without modification, in of Congress,an officer or employee of Congress,or an employee of
all lower tier covered transactions and in all solicitations for lower tier a Member of Congress in connection with this Federal contract,
covered transactions exceeding the$25,000 threshold. grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to
g.A participant in a covered transaction may rely upon a certification of Report Lobbying,"in accordance with its instructions.
a prospective participant in a lower tier covered transaction that is
not debarred,suspended,ineligible,or voluntarily excluded from the 2.This certification is a material representation of fact upon which
covered transaction, unless it knows that the certification is reliance was placed when this transaction was made or entered into.
erroneous.A participant is responsible for ensuring that its principals Submission of this certification is a prerequisite for making or
are not suspended,debarred,or otherwise ineligible to participate in entering into this transaction imposed by 31 U.S.C. 1352. Any
covered transactions. To verify the eligibility of its principals,as well person who fails to file the required certification shall be subject to a
as the eligibility of any lower tier prospective participants, each civil penalty of not less than $10,000 and not more than $100,000
participant may, but is not required to, check the Excluded Parties for each such failure.
List System website (httos7/Avww.epIs.cov/), which is compiled by
the General Services Administration. 3.The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of this
h.Nothing contained in the foregoing shall be construed to require certification be included in all lower tier subcontracts,which exceed
establishment of a system of records in order to render in good faith $100,000 and that all such recipients shall certify and disclose
the certification required by this clause. The knowledge and accordingly.
information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph a 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 with
which this transaction originated may pursue available remedies,
including suspension and/or debarment.
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO.14-14 O
FEBRUARY 8,2018 AGREEMENT FORM—EXHIBIT"A"
PAGE 16
FEMALE AND MIONORITY GOALS
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic Area Goal-%
Redding CA: 6.8
174 on-SMSA(Standard Metropolitan Statistical Area)Counties:
CA Lassen;CA Modoc;CA Plumas;CA Shasta;CA Siskiyou; CA Tehama
Eureka,CA
175 Non-SMSA Counties: 6.6
CA Del Norte; CA Humboldt;CA Trinity
San Francisco-Oakland-San Jose,CA:
SMSA Counties: 28.9
7120 Salinas-Seaside-Monterey,CA
CA Monterey 25.6
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa;CA Marin; CA San Francisco;CA San Mateo
7400 San Jose, CA 19.6
CA Santa Clara, CA
176 7485 Santa Cruz, CA 14.9
CA Santa Cruz
7500 Santa Rosa 9.1
CA Sonoma
8720 Vallejo-Fairfield-Napa,CA 17.1
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake;CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties: 16.1
177 6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo 14.3
Non-SMSA Counties
CA Butte; CA Colusa;CA El Dorado;CA Glenn;CA Nevada; CA Sierra; CA Sutter; CA Yuba
Stockton-Modesto,CA:
SMSA Counties:
5170 Modesto,CA 12.3
178 CA Slanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA AI ine; CA Amador; CA Calaveras; CA Mariposa;CA Merced; CA Tuolumne
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield,CA 19.1
179 CA Kern
2840 Fresno,CA 26.1
CA Fresno
Non-SMSA Counties: 23.6
CA Kings; CA Madera;CA Tulare
For each July during which work is performed under the contract, you and each non material-supplier subcontractor with a
subcontract of$10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August
15,
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY B,2018 PAGE 17 61
FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is identified in Section 7-2.3 of the
Special Provisions.
This section applies if a number of trainees or apprentices is specified in Section 7-2.3 of the Special
Provisions.
As part of your equal 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 your subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st 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 of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, submit to the City of Palm Springs:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City of Palm Springs approval for this submitted information before you start work. The City of
Palm Springs 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 of this section is to train and upgrade minorities and women toward journeymen
status. Make every effort to enroll minority and women apprentices or trainees, such as conducting
systematic and direct recruitment through public and private sources likely to yield minority and women
apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that
you have made the efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to
journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship
and Training
Ask the employee if the employee has successfully completed a training 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 of
Palm Springs and FHWA approves a program if one of the following is met:
1. It is calculated to:
■ Meet the your equal employment opportunity responsibilities
■ Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of
the training period
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY 8,2018 PAGE 18 62
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 before you start work involving the classification
covered by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is
allowed in lower level management positions such as office 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 office. Off-site training is
allowed if the training is an integral part of an approved training program and does not make up a
significant part of the overall training.
The City of Palm Springs reimburses you 80 cents per hour of training given an employee on this contract
under an approved training program:
1. For on-site training
2. For off-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 off-site training period
3. If you comply this section.
Each apprentice or trainee must:
1. 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:
1. Copy of the program you will comply within providing the training
2. Certification showing the type and length of training satisfactorily completed
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY 8,2018 PAGE 19
63
TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest
(hereinafter collectively referred to as CONTRACTOR) agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in
federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are
herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed 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 program set forth in Appendix B of
the Regulations.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by CONTRACTOR for 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 CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations,
or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the California Department of Transportation or FHWA to
be pertinent to ascertain compliance with such Regulations or directives. Where any information required of
CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information,
CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate,
and shall set forth what efforts CONTRACTOR has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination
provisions of this agreement, the California Department of Transportation shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to
exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every
sub-agreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
CONTRACTOR 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 for noncompliance, provided, however, that, in the event CONTRACTOR 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 of the
State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the
interests of the United States.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION
The Cargo Preference Act (CPA) requires that "... at least 50 percent of any equipment, materials, or
commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or
advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall
be transported on privately owned United States-flag commercial vessels, if available." On January 7, 2016,
the Federal Highway Administration (FHWA) advised Caltrans on the applicability of the CPA and
implementing regulations (46 CFR 381) to the Federal-aid highway program. FHWA will use notice and
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY 8,2018 PAGE 20 q
64
comment rulemaking to implement appropriate contract clauses in the next revision of Form FHWA-1273
"Required Contract Provisions Federal-Aid Construction Contracts."
The following clause is hereby inserted into this Exhibit "A" to the construction contract requiring the
Contractor's compliance with the CPA requirements and its implementing regulations in 46 CFR 381 for all
Federal-aid projects. The clause should incorporate the recommended clauses in 46 CFR 381.7(a)-(b).
Use of United States flag vessels:
The contractor agrees—
(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping
any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at
fair and reasonable rates for United States-flag commercial vessels.
(2) To furnish within 20 days following the date of loading for shipments originating within the United States or
within 30 working days following the date of loading for shipments originating outside the United States, a
legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo
described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the
case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590.
(3)To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
*•*END OF EXHIBIT"A""*"
CITY OF PALM SPRINGS BICYCLE LANE PROJECT
CITY PROJECT NO. 14-14 AGREEMENT FORM-EXHIBIT"A"
FEBRUARY 8,2018 PAGE 21
65
ATTACHMENT 6
66
NEPA/CEQA RE-VALIDATION FORM
DIST.ICO./RTE. 8-Riv-Palm Springs
PM/PM N/A
E.A.or Fed-Aid Project CML 5282(044)
No.
Other Project No.(specify) NIA
PROJECT TITLE Palm Springs Bike Path Project
ENVIRONMENTAL 326 CE
APPROVAL TYPE
DATE APPROVED 7/23/2015
Check reason for consultation:
REASON FOR ❑project proceeding to next major federal approval
CONSULTATION
(23 CFR 771.129) ®Change in scope,setting,effects,mitigation measures, requirements
❑3-year timeline(EIS only)
❑N/A Re-Validation for CEQA only)
DESCRIPTION OF Brietly describe the changed conditions or new information on page 2.Append continuation
CHANGED CONDITIONS sheet(s)as necessary. Include a revised Environmental Commitments Record(ECR)when
applicable.
NEPA CONCLUSION -VALIDITY
Based on an examination of the changed conditions and supporting information:[Check ONE of the three statements below,
regarding the validity of the original document/determination(23 CFR 771.129).If document is no longer valid,indicate whether
additional public review is warranted and whether the type of environmental document will be elevated.]
❑ The original environmental document or CE remains valid. No further documentation will be prepared.
® The original environmental document or CE is in need of updating;further documentation has been prepared and
M is included on the continuation sheet(s)and E) is attached.With this additional documentation,the original
ED or CE remains valid.
Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No® !
❑ The original document or CE is no longer valid.
Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
Supplemental environmental document is needed. Yes❑ No❑
New environmental document is needed. Yes❑ No❑ (If"Yes,"specify type: )
CONCURRENCE WITH NEPA CONCLUSION
I concurviith the NEPA-ooncldsi bv oe.
hC
Signature:Environmental Branch Chief Date Signature(. ' ct ManagerlDLAE
CEQA CONCLUSION:(Only mandated for projects on the State Highway System.)
Based on an examination of the changed conditions and supporting information,the following conclusion has been reached
regarding appropriate CEQA documentation:(Check ONE of the five statements below,indicating whether any additional
documentation will be prepared,and if so,what kind.If additional documentation is prepared,attach a copy of this signed form and
any continuation sheets.)
❑ Original document remains valid. No further documentation is necessary.
❑ Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be ❑ prepared and is ❑ included on the continuation sheets or ❑ will be attached. It need
not be circulated for public review.(CEQA Guidelines,§15164)
❑ Changes are substantial,but only minor additions or changes are necessary to make the previous document
adequate. A Supplemental environmental document will be prepared,and it will be circulated for public review.
(CEQA Guidelines,§15163)
❑ Changes are substantial,and major revisions to the current document are necessary. A Subsequent
environmental document will be prepared,and it will be circulated for public review.(CEQA Guidelines,§15162)
(Specify type of subsequent document,e.g., Subsequent FEIR)
❑ The CE is no longer valid. New CE is needed. Yes❑ No❑
CONCURRENCE WITH CEQA CONCLUSION
I concur with the CEQA conclusion above.
N/A N/A
Signature:Environmental Branch Chief Date Signature:Project Manager/DLAE Date
Page I of Revised June 2016 67
I
NEPA/CEQA RE-VALIDATION FORM
CONTINUATION SHEET(S)
Address only changes or new information since approval of the original document and only those areas
that are applicable. Use the list below as section headings as they apply to the project change(s). Use
as much or as little space as needed to adequately address the project change(s) and the associated
impacts, minimization, avoidance and/or mitigation measures, if any.
Changes In project design, e.g.,scope change;a new alternative;change in project alignment
On 7/23/2015 Caltrans approved the NEPA 23 USC 326 CE for 5282(044). The scope of work cleared
is as follows:
"Construct Class II and Class III bicycle lanes along the following streets: Crossley Rd. from 34'Ave.
to Ramon Rd; S.Palm Canyon Dr.from Murray Canyon Dr.to Belardo Rd.; San Rafael Dr. from Indian
Canyon Dr.to Sunrise Way; Indian Canyon Dr. from Racquet Club Dr.to Sunrise Pkwy;and Via
Escuela from Sunrise Way to Gene Autry Tr. The work will include removal and replacement of
existing traffic striping and adding bike lane markings and signage. The additional bike lanes will
connect cyclists to already existing routes that lead to the work place."
The scope of work remains the same as was approved in the original CE; however,the Class II and
Class III bicycle lanes will now be placed throughout the city along the following roadways:
• San Rafael Dr.from Palm Canyon Drive to Sunrise Way
• Farrell Dr. from Ramon Rd.to Tahquitz Canyon Way
• Mesquite Ave. from Sunrise Way to Compadre Road.
• La Verne Way from South Palm Canyon Dr.to East Palm Canyon Drive.
• Camino Real from East Palm Canyon Dr.to La Verne Way
• Crossley Rd.from Ramon Rd.to 34"Avenue.
• Avenida Caballeros from Alejo Rd.to Tahquitz Canyon Way
Changes in environmental setting, e.g.,new development affecting traffic or air quality;
None
Changes in environmental circumstances, e.g., a new law or regulation;change in the status of a
listed species.
None
Changes to environmental impacts of the project, e.g.,a new type of impact, or a change in the
magnitude of an existing impact.
None
Changes to avoidance, minimization, and/or mitigation measures since the environmental
document was approved.
None
Changes to environmental commitments since the environmental document was approved, e.g.,
the addition of new conditions in permits or approvals. When this applies, append a revised
Environmental Commitments Record(ECR)as one of the Continuation Sheets.
None
Page 2 of 2. Revised June 2016
68
Environmental Commitments Record
Date: /1-7-2036 ENVIRONMENTAL COMMITMENTS RECORD
NEPA CE
Project Phase: Construction of Class 11 and Class III Bike Paths
®PA/ED(DED/FED) 08-Riv-Palm Springs
❑PS&E Submittal FED ID:
❑Construction CIVIL 5282 044
Environmental If applicable,
Analysis Source corresponding Environmental
(Technical Study, Responsible for construction Compliance
Page Environmental Development provision: Action(s)
#In Document,andlor and/or (standard, Taken to
Avoidance,Minimization, Env. Technical Implementation Timing/ special,non- Implement Measure Completed
and/or Mitigation Measures Doc. Discipline) of Measure Phase standard Measure Date and Initials Remarks YES NO
Cultural Resources
CR-1:If burled cultural Standard on RE/Contractor Construction Standard Contact Gabrielle Duff
resources are encountered Projects. Specifications (909)383-6933 or Gary
during construction,It Is 2010: Jones(909)383-7505.
Caltrans policy that work Section:
stop In that area until a 14-2.02A
qualified archaeologist can Archeological
evaluate the nature and Resources:
significance of the find, General.
CR-2:In the event that Standard on RE/Contractor Construction Standard Contact Gabrielle Duff
human remains are found, Projects. Specifications (909)383-6933 or Gary
the county coroner shall be 2010: Jones(909)383-7505.
notified and ALL
construction activities within Section:
50 feet of the discovery shall 14-2.02A
stop.Pursuantto Public Archeological
Resources Code Section Resources:
5097.98,if the remains are General.
thought to be Native
American,the coroner will Health&Safety
notify the Native American Code 7050.5&
Heritage Commission Public Resource
(NAHC)who will then notify Code 5097
the Most Likely Descendent
(MILD).The person who
discovered the remains will
Environmental Commitments Record
Date: Z�16
NEPA CE ENVIRONMENTAL COMMITMENTS RECORD
Project Phase: Construction of Class II and Class III Bike Paths
®PA/ED(DEDIFED) FED I-Palm Springs
ElPS&E Submittal FED
CIVIL 5282 044
❑Construction
Environmental if applicable,
Analysis Source corresponding Environmental
(Technical Study, Responsible for construction Compliance
Page Environmental Development provision: Action(s)
#In Document,and/or andfor (standard, Taken to
Avoidance,Minimization, Env. Technical Implementation Timing/ special,non- Implement Measure Completed
and/or Mitigation Measures Doc. Discipline) of Measure Phase standard Measure fDate and Initials Remarks YES NO
contact the District 8
Division of Environmental
Planning;Gabrielle Duff,
DEBC:(9D9)383-6933 and
Gary Jones,DNAC:(909)383-
7505.Further provisions of
PRC 5097.98 are to be
followed as applicable.
Air Quality
AQ-1 The Contractor must Standard on RE/Contractor Construction Standard
Implement and follow Projects. Specifications
Fugitive Dust Control Beat 2010: Section
Management Practices 14-9: Air Quality
(BMP's).
AQ-2 Implement and follow Standard on RE/Contractor Construction Standard
Erosion Control and Air Projects. Specifications
Quality Best Management 2010:
Practices(BMPs). Section 14-9: Air
Quality,
Section 13:
Water Pollution
Control and
Section 21:
Erosion Control.
21Pace
.J
Environmental Commitments Record
Date: i 016
NEPA CE ENVIRONMENTAL COMMITMENTS RECORD
Project Phase: Construction of Class II and Class III Bike Paths
®PA/ED(DED/FED) FED ID:
-Palm Springs
❑PS&E Submittal FED
El Construction
CMt 5262 044
Environmental If applicable,
Analysis Source corresponding Environmental
Responsible for construction Compliance
Page 9 Environmental
Pa (Technical Study, Development provision: Action(s)
#in Document,andlor and/or (standard, Taken to
Avoidance,Minimization, Env. Technical Implementation Timing/ special,non- Implement Measure Completed
and/or Mitigation Measures Doc. Dlscl ine) of Measure Phase standard Measure Date and Initials Remarks YES NO
Noise
Nolse-1 The contractor shall Standard on RE/Contractor Construction Standard
comply with all local sound Projects. Specifications
control and noise level rules, 2010: Section
regulations and ordinances 14-8.02: Noise
that apply to any work and Vibration.
performed pursuant to
contract.
Noise-2 Each internal Standard on RE/Contractor Construction Standard
combustion engine,used for Projects. Specifications
any purpose on the job or 2010: Section
related to the job,shall be 14-8.02: Noise
equipped with a muffler of a and Vibration.
type recommend by the
manufacturer. No internal
combustion engine shall be
operated on the project
without the muffler.
Biological Resources
NO PERMITS ARE
REQUIRED FOR THIS
PROJECT.
3l11a Fa
N+
From: Tom Kohn [mailto:tgkohn@aol.com]
Sent: Monday, April 02, 2018 5:08 PM
To: Christy Holstege; Lisa Middleton; JR Roberts; Geoff Kors; Robert Moon; Marcus Fuller
Subject: Class II and Class III Bicycle Lanes Project, City Project No. 14-14
Dear Mayor Moon, City Council Members, and staff,
I first want to thank you for the work already done in protecting safe use of city streets by both motorists and alternative
transportation. I am especially happy with the bike lane and share-row signage on these streets:
• Farrell Dr(from Ramon Rd to E Palm Canyon Dr)
• El Cielo Rd (from E Tahquitz Wy to Escoba Dr)
• Escoba Dr(from El Cielo Rd to E Palm Canyon Dr)
•Tahquitz Wy(from El Cielo Rd to N Palm Canyon Dr)
• N & S Palm Canyon Dr(from Alejo to Ramon Rd)
Of course, many other streets have been marked for sharing the road by motorists and cyclists, but I consider these to be
among the most noteworthy. Thank you for taking steps to make this a Bicycle-Friendly City!
I recently noted that the City has begun answering the need for further changes to streets, among which are
• San Rafael Dr(from N Palm Canyon Dr to Sunrise Wy)
• Camino Real (from E Palm Canyon Dr to La Verne Wy)
• La Verne Wy(from S Palm Canyon Dr to Twin Palms Dr)
• Crossley Rd (from Ramon Rd to E 34th Ave).
I encourage in the strongest terms you to vote to authorize ALTERNATIVE 2 in City Project No. 14-14.
1 submit these facts for your consideration, facts that should solidify your intention to support ALTERNATIVE 2:
• San Rafael Dr had been marked with sharrow designs in the area under consideration, but these markings had been
scraped away about a year ago.
• Because San Rafael Dr varies considerably in its width from N Indian Canyon to N Palm Canyon Dr, such sharrow
marking is important information for a motorist to have, encouraging courteous activity between motorists and cyclists.
• Camino Real is a broad avenue that is marked as two-lane.
• The width of Camino Real allows both marked parking and marked bike lanes on each side.
• My experience as a cyclist includes many cases where motorists were unable to safely navigate turns into residential or
hostelry units with a bicycle also using the roadway.
•Added bike lane marking on Camino Real encourages courteous activity between motorists and cyclists.
• La Verne is a broad avenue that is marked as four-lane. For the most part, the width is ample for on-street parking.
•The traffic on La Verne is not heavy enough to warrant four-lane motorist use.
•The lack of a turn lane encourages left-turning autos to obstruct the inner lane.
•The lack of sharrow markings discourages courteous activity between motorists and cyclists.
• Carrying out a 'road diet' as designed makes the road safer for motorists, cyclists, and left-turning traffic.
Tom
writing from home
Cindy Berardi
From: Marcus Fuller
Sent: Monday, April 2, 2018 10:27 AM
To: Anthony Mejia; Cindy Berardi
Cc: Tabitha Richards
Subject: FW: Laverne Bike and Road Improvements
From: John Siegel [mailt_pacific john@yahoo.com]
Sent: Monday, April 02, 2018 9:32 AM
To: Christy Holstege; Lisa Middleton; JR Roberts; Geoff Kors; Robert Moon; Marcus Fuller
Subject: Laverne Bike and Road Improvements
Dear City Council and Staff:
Regarding the possible road diet for Laverne, my wife and I just moved to the Sahara mobile home park, the 250 home
55+ park next to Laverne.
I've had a steep learning curve on Laverne's irritations. My chats with my neighbors have been unanimous that Laverne
should be improved, like Toledo and the similar parts of El Cielo and Farrell, with one lane each way, a center turn lane,
and bike lanes.
The common complaints about Laverne are that it is too challenging to maneuver near the curve by Smoke Tree, and that
traffic in the fast lane will stop when people turn into driveways and cross streets. Neighbors think this makes traffic
frustrated and aggressive.
Palm Springs usually makes sense, but Laverne doesn't; tourists expect modern roads where cars don't stop in the fast
lane.
I suspect this is a win for everybody, that we'll essentially get bike lanes at no inconvenience to anyone, and that we'll
keep getting better for the exploding number of people doing healthy things outdoors.
Sincerely,
John Siegel
(805)227-4201
1
Cindy Berardi
From: Marcus Fuller
Sent: Monday, April 2, 2018 10:28 AM
To: Anthony Mejia; Cindy Berardi
Cc: Tabitha Richards
Subject: FW: Support for La Verne Bike lanes
From: Paul McKinley [mailto:aaulmac56Calsbcglobal.net]
Sent: Monday, April 02, 2018 9:21 AM
To: Christy Holstege; Lisa Middleton; JR Roberts; Geoff Kors; Robert Moon; Marcus Fuller
Subject: Support for La Verne Bike lanes
Dear Councilmembers,
I ask that you please support any and all aspects of the CVLink, including the La Verne bike lanes. I not only
ask this for cyclists like myself and others but for future cyclists both young and old. As for the latter, future
old cyclists,I am currently working on bringing a world-wide cycling community concept to the entire
Coachella Valley. My wife and I have been granted affiliate status for Cycling Without Age
(cyclingwithoutage.com) We will soon be offering bike rides to senior citizens who reside in nursing homes and
care facilities. We will need safe routes for these rides. This is a very exciting concept and Palm Springs city
council can be one of the first government agencies to announce its support of Cycling Without Age.
Thank you for your time and support!
Paul and Elli McKinley
i
Cindy Cairns
From: Christy Holstege
Sent: Tuesday, April 03, 2018 10:43 AM
To: Anthony Mejia; Cindy Cairns
Subject: FW: Palm Springs- Capital Improvement Project 14-14
Additional materials for the council meeting. Thanks.
Christy Gilbert Holstege, Esq.
Councilmember
City of Palm Springs Tel: (760) 323-6200
3200 E. Tahquitz Canyon Way Fax: (760) 323-8207
Palm Springs, CA 92262
www.palmsprinosca.gov christy.holstege@palmspringsca.gov
From: Mark Lenning [marklenning@yahoo.com]
Sent: Monday, April 02, 2018 8:26 PM
To: Christy Holstege
Cc: marklenning@yahoo.com
Subject: Palm Springs- Capital Improvement Project 14-14
Dear Christy-
We have a residence at 790 E La Verne Way in Palm Springs and have been waiting for the Capital Improvement Project
14-14 for over a year. I was informed that the City Council removed it from the project on February 7, 2018. 1 listened to
the recorded comments by Council Members Roberts and Middleton and was disappointed that the "redundancy' of
this bike lane overshadows the fact that this corridor has turned into a high-speed thoroughfare for residents, service
workers and delivery companies that frequent this part of the City.
Last year I contacted the Palm Springs Police Department due to excessive speeds at our front door and was placated for
about 4 hours with the placement of the Speed Awareness Trailer on La Verne at Palo Fierro.A police officer at this
location dissuaded speeds for the same 4 hours and resulted in little long-term effect for this neglected part of the City.
Traffic calming measures may appear to be a secondary purpose for these improvements, but reducing street widths
can be a great contributor to containing speeds and improving the lifestyle for the adjacent homes.Another suggestion
would be to place a stop sign at Palo Fierro to prevent the outrageous speeds I have witnessed on this residence-lined
corridor.
I hope the City Council finds this issue as important as those that reside in the area.
Sincerely,
Mark Lenning
790 E La Verne Way
Palm Springs, CA 92264
1
Cindy Cairns
From: Christy Holstege
Sent: Tuesday, April 03, 2018 11:05 AM
To: Anthony Mejia; Cindy Cairns
Subject: FW: Bike lanes on La Verne
Christy Gilbert Holstege, Esq.
Councilmember
City of Palm Springs Tel: (760) 323-8200
3200 E. Tahquitz Canyon Way Fax: (760) 323-8207
Palm Springs, CA 92262
www.paimsprincisca.gov christy.holstege@palmspringsca.gov
From: Jared Mabie Uamb61251@gmail.com]
Sent: Monday, April 02, 2018 6:16 AM
To: Christy Holstege; Lisa Middleton; JR Roberts; Geoff Kors; Robert Moon; Marcus Fuller
Subject: Bike lanes on La Verne
Since parking will be preserved and turn lanes available in
the issue with adding the center, I fail to see g bike lanes to
protect bicyclists. With the rapidly growing population of
cyclists, it seems reasonable to make our streets more
accessible to bicycles. By providing bike lanes on La Verne,
we are providing a non motorized access to downtown and
CV Link.
Sincerely,
Jared Mabie.
Cindy Berardi
From: Marcus Fuller
Sent: Monday, April 2, 2018 10:29 AM
To: Anthony Mejia; Cindy Berardi
Cc: Tabitha Richards
Subject: FW: La Verne Bike Lanes
From: Victor Yepello [mailto:Vic@vicandron.com]
Sent: Monday, April 02, 2018 4:53 AM
To: Victor Yepello
Cc: Brett Klein; Timothy Wood; John Siegel; Jim Rothblatt; Nancy Ferguson; Mindy Reed; Joseph Jackson; Grant Wilson
(Grant.WilsonOlsa.net); Grant Wilson; Denise Goolsby
Subject: La Verne Bike Lanes
Good Morning City Council and Staff,
I just read the staff report for the meeting this Wednesday night. I have a couple of concerns on information
being presented to you.
First off, my post on Nextdoor to about 12 neighborhoods 6 days ago received a mostly positive response. I am
unsure about the Nextdoor posts mentioned in the staff report but the bottom line is I see a conflict on what's out
there.
I am still worried that many residents still do not understand the configuration and the benefits of the project as
we know it to be. How can people not want to be relieved of unsafe left turns and slightly reduced speeds?
I'm unsure as to how were the neighborhoods polled for their opinions?
Finally, I again appeal to the sensibilities of creating a bike network that will safely allow non-motorized access
to downtown and CV Link. After seeing the number of cyclists on the roads this season, we need to ensure we
are adequately seeing to the needs of people who are riding our streets more each year. Making safer pathways
to get around town will only increase as time goes by.
Thank you for your consideration.
Vic Yepello
II --
Victor Yepello, Realtor®
CalBRE#01724773
760.323.5000(office)
760.660.0010(cell)
http://Ta lkingrealestatepa imsprings.com
1
Cindy Berardi
From: Marcus Fuller
Sent: Monday, April 2, 2018 10:40 AM
To: Anthony Mejia; Cindy Berardi
Cc: Tabitha Richards
Subject: FW: LaVerne Way Bicycle Lanes
From: David Verrinder [ma ilto:dverrinder(&proton mai1.corn]
Sent: Monday, April 02, 2018 10:39 AM
To: Christy Holstege; Lisa Middleton; JR Roberts; Geoff Kors; Robert Moon; Marcus Fuller
Subject: LaVerne Way Bicycle Lanes
City Council Member:
I am writing is support of the proposed plan to add Class 2 bicycle lanes and a center left turn on Laverne
Way. As an avid cyclist, driver and shopper at Smoketree Commons, I believe that the benefits set forth in the
planning document are near certain to be achieved if the plan is executed and will make the streets safer for
driver, cyclists and pedestrians as well as provide a route for alternative carbon-free motorized transportation to
both the city center and Smoketree.
I understand that some residents are concerned about the loss of traffic lanes, but the volume of traffic does not
seem to warrant 4 lanes and the current speed of 45 MPH is too fast. I think a key part of the plan is that
parking will be preserved.
Regards,
David R. Verrinder
t
Cindy Cairns
From: Christy Holstege
Sent: Tuesday, April 03, 2018 10:42 AM
To: Anthony Mejia; Cindy Cairns
Subject: FW: La Verne Way bike lanes
Additional materials for the council meeting. Thanks.
Christy Gilbert Holstege, Esq.
Councilmember
City of Palm Springs Tel: (760) 323-8200
3200 E. Tahquitz Canyon Way Fax: (760) 323-8207
Palm Springs, CA 92262
www.palmspringsca.gov christy.holstege@palmspringsca.gov
From: Dan Christopherson [danlchris@hotmail.com]
Sent: Monday, April 02, 2018 8:55 PM
To: Christy Holstege; Lisa Middleton; )R Roberts; Geoff Kors; Robert Moon; Marcus Fuller
Subject: La Verne Way bike lanes
Dear Palm Springs Councilmen:
I am a wintertime Palm Springs resident. I love the city and its Coachella Valley surroundings.As our
population and its lifestyle changes, our infrastructure must adapt to new modes of transportation, such
as bicycling.
Several factors lead me to support the reclassification of La Verne Way to a Minor Mobility Corridor as a
Capacity Improvement Project:
1. La Verne is and will continue to be used by many cyclists whether or not it is
designated and marked. It is needed as a bike route to help connect with Murray
Canyon and Toledo routes.
2. Safety is a primary issue for drivers, cyclists, and pedestrians. We do not need
any pedestrian/bike/vehicle accidents on La Verne due to unsafe conditions.
3. La Verne is a confusingly wide street. Clear markings for parking,bike lanes,
driving lanes,AND a two-way left-turn lane would make the street safer for all
users and make it a complete street. Safety-reduce the risk of accidents by
design.
4. Traffic studies conducted by the City have indicated that even at a fully
developed South Palm Springs, La Verne would operate at free flow conditions
as a Minor Mobility Corridor.
5.The Sustainability Commission relied on the Council's 2016 approval of bike
i
routes when the Commission approved the design for the new citywide bike map
in fa112017. Those maps would need to be discarded if La Verne is excluded.
This totals approximately 10,000 copies and would be a waste of City resources.
6. Surveys of the neighborhoods adjacent to or using La Verne conducted through
the Office of Neighborhoods showed mixed results for support of
reclassifications. However, follow-up discussions revealed that many
respondents misunderstood the proposed design and for example thought onstreet
parking would be removed, there would not be two-way left turn lanes or
the road reconfiguration would extend past East Morongo Trail to East Palm
Canyon Drive, none of which is the case.
7. Economic Development: Build it and they will come?The fact of the matter is that
the cyclists and pedestrians are already there. Several Commissioners examined
the area and observed high bicycle and pedestrian activity. The hotels along East
Palm Canyon promote tourism in the area via "door tours" in the Indian Canyons
neighborhood, which would benefit from bicycle and pedestrian facility capacity
improvement.
8. CEQA: The staff report for the February ih, 2018, Council meeting notes the
project would be considered a Categorical Exemption under the California
Environmental Quality Act. However, more than that,the project would
beneficially serve to implement the City's Non-Motorized Transportation Plan.
The project provides a broad environmental benefit.
9. Similar traffic calming designs have been successfully implemented elsewhere in
the City, including on southerly segments of El Cielo Road and Farrell Drive.
Project Benefits:
-La Verne will now have center turn lanes for turning into side streets and driveways making it safer and
eliminating the chance of a rear-end collision.
-The curve at Twin Palms will be much safer now with reduced speeds and a center lane buffer.
-Residents will have improved access via bikes, Golf Carts and NEVs to access downtown via La Verne to
Palo Fierro to Twin Palms to Belardo.
-Improved access to Smoketree and Smoketree Commons without using a car.
-Slower traffic flow at the curve heading south on Palm Canyon (if approved).
What We'd All Like To See:
-Speed limits on La Verne reduced to 35 mph.
-Improve the interchange at"The Curve" so that drivers transitioning segments of S. Palm Canyon will be
made to slow down thus making it safer to non-motorized vehicles to turn onto Belardo Rd and the
Downtown Bike Lane now in place.
2
-Improve the right turn lane capacity at La Verne and E. Palm Canyon to facilitate the flow of cars wanting
to turn eastbound there.
Please support this worthwhile project!
Dan Christopherson
3
Cindy Cairns
From: Christy Holstege
Sent: Tuesday, April 03, 2018 7:20 PM
To: Anthony Mejia; Cindy Cairns
Subject: Fwd: Support of proposed Laverne Way Road Diet
Another one. Thanks.
Christy Holstege, Esq.
Couneilmember
City of Palm Springs
Begin forwarded message:
From: Timothy Wood<drakofiero(ae_,icloud.com>
Date: April 3, 2018 at 2:22:57 PM PDT
To: Christy Holstege <Christy.Holstege(i palmspringsca.�)ov>, Lisa Middleton
<Lisa.MiddletonApalmspringsca.gov>, JR Roberts <JR.Roberts(aDpalmspringsca.gov>, Geoff
Kors<Geof£Kors.&palmspringsca.gov>, Robert Moon<Robert.Moonnpalmspringsca.gov>,
Marcus Fuller<Marcus.Fullerna�,palmspringsca.gov>
Cc: Brett Klein<brettdkleinna,gmai1.com>, Victor Yepello <Vic(.d)vicandron.com>,Nancy
Ferguson<nfer ug son(czdc.rr.com>
Subject: Support of proposed Laverne Way Road Diet
To the members of the Palm Springs City Council,
As a proud member of the Palm Springs and greater Coachella Valley cycling community
and a resident of the Indian Canyons neighborhood, I am requesting that the City of
Palm Springs uphold the 2016 decision to amend the General Plan and convert La Verne
Way to a Minor Mobility Corridor as a Capacity Improvement Project.
On 2-7-18, the City Council considered a staff recommendation for roadway
reclassifications for four streets, including portions of:
Camino Real
La Verne Way
Crossley Road
San Rafael Drive
This project includes Class II and III bikeways. Upon comment and discussion, City
Council requested that the La Verne Way segment be reviewed by the Active
Transportation Committee (ATC) of the Sustainability Commission with a
recommendation to Council. For the benefit of the Council, the ATC as it operated in
2016 is no longer in existence. In its place is an ad-hoc committee focused primarily on
walkability. Therefore, this item was brought before the entire Sustainability
Commission for consideration at its meeting on 3-20-18.
In both discussions with members of the Sustainability Commission and exchanges with
ICNO (Indian Canyons) representatives, I feel that there has been both misinformation
i
and a lack of information on this subject, especially to neighbors either directly or
electronically (Nextdoor and Facebook). Concerned neighbors were not given the full
picture and benefits of this project, so it's no surprise that a survey of residents on
Nextdoor (itself not an accurate representation of all residents) revealed a significant
percentage of PS residents that were not in favor. My review of their
comments/concerns reiterated that these residents were either misinformed about the
project or had serious misunderstandings of current cycling and vehicular traffic laws at
both the local and state levels.
In contrast, the proposed project was well-researched and designed and represents a
truly smart way of accomplishing many sound goals simultaneously:
1. Bicycling benefits: La Verne is and will continue to be used by many cyclists
whether or not it is designated and marked. It is needed as a bike route to
help connect with Murray Canyon and Toledo routes. A recent cycling trip
from my home around the entire city limits of Palm Springs was done entirely
on bike paths/lanes, except Laverne Way. It sure would be nice to complete
the final steps of this connection effort.
2. Safety: This is a primary issue for drivers, cyclists, and pedestrians. We do
not need any pedestrian/bike/vehicle accidents on La Verne due to unsafe
conditions. La Verne is a confusingly wide street. Clear markings for parking,
bike lanes, driving lanes, AND a two-way left-turn lane would make the street
safer for all users and make it a complete street. Safety-reduce the risk of
accidents by design.
3. Traffic flow: Traffic studies conducted by the City have indicated that even
at a fully developed South Palm Springs, La Verne would operate at free flow
conditions as a Minor Mobility Corridor.
4. No waste: The Sustainability Commission relied on the Council's 2016
approval of bike routes when the Commission approved the design for the
new citywide bike map in fall 2017. Those maps would need to be discarded
if La Verne is excluded. This totals approximately 10,000 copies and would be
a waste of City resources.
5. Economic Development: Build it and they will come? The fact of the matter
is that the cyclists and pedestrians are already there. Several Commissioners
examined the area and observed high bicycle and pedestrian activity. The
hotels along East Palm Canyon promote tourism in the area via "door tours"
in the Indian Canyons neighborhood, which would benefit from bicycle and
pedestrian facility capacity improvement.
6. Benefits to the environment: The staff report for the Feb 2018 Council
meeting notes the project would be considered a Categorical Exemption
under the California Environmental Quality Act. However, more than that, the
project would benefit the City's Non-Motorized Transportation Plan. The
project provides a broad environmental benefit.
7. Success stories: Similar traffic calming designs have been successfully
implemented elsewhere in the City, including on southerly segments of El
Cielo Road and Farrell Drive.
z
In summary, this proposed Laverne Way project is a win for everyone:
1. Preserved parking
2. Negligible impacts to traffic flow (slightly lower speeds/capacity offset by
dedicated turn lanes)
3. Designated center/left turn lanes (no more "rear misses"turning onto
Toledo)
4. Reduced vehicle speeds from 45 to 35
5. Safer flow into Smoketree and the E Palm Canyon intersection
6. New bike lanes providing better/safer access for cyclist/NEVs/golf carts from
the sound end of town to downtown, Smoketree & CVlink
In addition, we're hoping that these improvements will be a stepping stone or even
possibly include modifications to the Sunrise Way/111 intersection by making the right-
most northbound lane on Sunrise/Laverne (that turns into Smoketree) a dedicated right
turn lane for all vehicles turning right into Smoketree or onto the 111 — this would be
another huge improvement to relieve congestion at that intersection.
I thank the City Council for their attention in this matter and hope they will continue on
the path they started to continue this very smart improvement to our local
streets. Please approve this project.
Respectfully,
Tim Wood
Cyclist, Resident of Indian Canyon
M 323.854.0941
3
Cindy Berardi
From: Anthony Mejia
Sent: Wednesday, April 4, 2018 1:05 PM
To: Cindy Berardi
Subject: FW: Palm Springs I Capital Improvement Project 14-14
From: Stephen Soucy <shsoucykgTmaiLcom>
Date: April 4, 2018 at 12:59:18 PM PDT
To: <Christy.Holstegekpalmspringsca.gov>
Subject: Palm Springs I Capital Improvement Project 14-14
Dear Christy,
Hope this note finds you well. My husband, Tom Becktold and I have owned the residence at
800 E La Verne Way in Palm Springs for thirteen years. We have been waiting for the Capital
Improvement Project 14-14 for over a year, and were informed that the City Council removed it
from the project on February 7, 2018. We listened to the recorded comments by Council
Members and were disappointed that the "redundancy" of this bike lane overshadows the fact
that this corridor has turned into a high-speed thoroughfare for residents, service workers and
delivery companies that frequent this part of the City.
We are long-term residents so we know the changes in traffic flow La Verne has seen --
especially within the last 3-5 years. It's grown exponentially,but the issue here is speed and a
vision to slow down the vehicles that ignore the speed limit and use La Verne as an opportunity
to hit excessive speeds on a wide open, two lane road, that is never policed.
We've contacted the Palm Springs Police Department due to these excessive speeds -- cars start
at the stop sign at La Verne and Camino Real and since it's a straight shot to the next far-away
stop sign, I'd estimate speeds hit upwards of 75-85mph along our stretch of La Verne. There was
a Speed Awareness Trailer left on La Verne at Palo Fierro, only once (for four hours) in the
entire 13 year period I've lived on La Verne. This results in little long-term effect for this
neglected/now dangerous part of the City.
Traffic calming measures may appear to be a secondary purpose for these improvements, but
reducing street widths can be a great contributor to containing speeds. I would like to see the city
initiate a study for La Verne, which is a residential area with many pedestrians.
Another suggestion would be to place stop signs at Palo Fierro to deter the outrageous speeds we
experience on a daily basis.
I hope the City Council finds this issue as important as those that reside in the area.
Sincerely,
Stephen Soucy & Tom Becktold
800 E La Verne Way, Palm Springs, CA 92264
Terri Milton
From: Robert F Johnston<rfohnston@earthl ink.net>
Sent: Wednesday,April 04,2018 9:32 PM
To: Geoff Kors
Cc: CityClerk
Subject: New Bike Lanes
Geoff and Council members, Thanks for your informative newsletter.
Have you noticed the Bike Lanes on Palm Canyon are never used? They are in the left lane.
The left lane is counterintuitive. Bicyclists are accustomed to riding with traffic in the right lane.
All the bicyclists I see on Palm Canyon ride in the right lane, never in the left lane.
Something to consider.
Robert Johnston
837 VSN, PS, Ca. 92262—year long resident for 15 years.
REVirus-free. www.avq.com
Terri Milton
From: Robert F Johnston<rfiohnston@earth link.net>
Sent: Wednesday,April 04, 2018 9:46 PM
To: Geoff Kors
Cc: CityClerk
Subject: Indian Canyon two way
Geoff and City Council,
On Indian Canyon, most evenings, it is stop and go downtown one-way north—all lanes full. I can't imagine what will
happen when and if it becomes two-way.
It is very dangerous for pedestrians crossing Indian Canyon because cars try to beat the yellow light and wind up
blocking traffic crossing Indian Canyon, especially at Arenas on Thursdays Street Fair and Weekends during the Season.
Part of the rationale as I understand it, is to not have to go around the block to go in the opposite direction.
Well, the same thing issue of having to go around the block is going to happen going around the block from parking on
Indian Canyon.
The two-way on Indian does not seem to have been well thought out.—cite the original planned circle up by Alejo.
Also consider Trucks stopping and blocking traffic in the various lanes, delivering food, drinks, mail, Fed-Ex, Etc. reducing
Indian Canyon to one-lane.
Cheers and thanks for the updates.
Robert Johnston
837 VSN, P.S. 15 year full time,year round resident.
Virus-free. www.avq.com