HomeMy WebLinkAbout1/24/2018 - STAFF REPORTS - 1.P. PALMg
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°q`,F0%1 City Council Staff Report
DATE: January 24, 2018 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO STL LANDSCAPE, INC. A
CALIFORNIA CORPORATION IN THE AMOUNT OF $134,104; FOR THE
2017 ADA CURB RAMPS & LIBRARY SIDEWALK, CITY PROJECT NO.
17-11.
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
2017 ADA Curb Ramps & Library Sidewalk, City Project No. 17-11, (Project).
RECOMMENDATION:
1. Reject the Bids submitted by All Cities Engineering, Inc. and C&M Construction LLC
as being non-responsive;
2. Award a construction contract (Agreement No. _) to STL Landscape, Inc., a
California corporation, in the amount of $134,104 for the 2017 ADA Curb Ramps &
Library Sidewalk, City Project No. 17-11;
3. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $13,410 (10% of construction contract);
4. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
STL landscape, Inc., is a California Corporation whose corporate officers are Feliciano
Loera, as President/Chief Financial Officer/Director, Dan Patterson as
Secretary/Director and Sergio Lopez as Director. All owners whose interest is greater
than $2000 are listed.
STAFF ANALYSIS:
On November 1, 2017, City Council approved the plans, specifications and estimates
and authorized staff to advertise and solicit bids for 2017 ADA Curb Ramps & Library
Sidewalk project. This project is primarily funded by Community Development Block
ITEM NO. I-P-
City Council Staff Report
January 24, 2018 -- Page 2
Award Construction Contract for CP 17-11
STAFF ANALYSIS:
On November 1, 2017, City Council approved the plans, specifications and estimates
and authorized staff to advertise and solicit bids for 2017 ADA Curb Ramps & Library
Sidewalk project. This project is primarily funded by Community Development Block
Grant (CDBG). This Project will install ADA compliant curb ramps in low to moderate
income areas as well as construct a continuous sidewalk connecting the bus stop on
Baristo Road and the Palm Springs Public Library entrance. Staff separated the work
into two separate Bid Schedules that match two approved applications for CDBG funds,
listed as follows:
1) Bid Schedule A: Reconstruction of existing curb ramps and upgrade
nonconforming curb ramps located on Ramon Road from Calle Encilia to Sunrise
Way and on Sunrise Way from Baristo Road to Alejo Road.
2) Bid Schedule B: Construct Sidewalk from Baristo Road to Palm Springs Library
entrance.
Vicinity maps, included in Attachment 5, for the Curb Ramp reconstruction and the new
sidewalk at Palm Springs Library are included in Figures 1 and 2.
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City Council Staff Report
January 24, 2018 -- Page 3
Award Construction Contract for CP 17-11
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On November 4 and November 11 , 2017, 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 December 7, 2017, at
3:00 p.m., the Procurement and Contracting Division received seven construction bids
from the contractors listed in Table 1. The Bid Amount listed is combined total of Bid
Schedule A and Bid Schedule B, which was the Basis for Award.
Company Location Bid Amount
All Cities Engineering, Inc. Jurupa Valley, CA $117,190.00
C&M Construction, LLC Pomona, CA $123,340.00
STL Landscape, Inc. Los Angeles, CA $134,104.00
CT&T Concrete Paving, Inc. Diamond Bar, CA $180,170.00
Tri Star Contracting II, Inc. Desert Hot Springs, CA $183,089.00
Hardy & Harper, Inc. Santa Ana, CA $199,000.00
Kana Subsurface Engineering Riverside, CA $217,740.93
Table 1
City Council Staff Report
January 24, 2018 -- Page 4
Award Construction Contract for CP 17-11
Bid Analysis
Staff reviewed the Bid Documents submitted by All Cities Engineering, Inc., and C&M
Construction, LLC, the first and second apparent low bidders respectively, and found
that both of the Companies submitted invalid Bid Bonds. Based on that finding, their
Bids are considered on-responsive. Staff reviewed the Bid Documents submitted by the
third apparent low bidder; STL Landscape, Inc. and found it to be responsive. Staff
recommends that City Council reject the bids submitted by All Cities Engineering, Inc.
and C&M Construction, LLC, and approve the bid submitted by STL Landscape, Inc., as
the lowest responsive bidder.
The Engineer's estimate for the Project as reported to the City Council on November 1,
2017, was $ 118,000. The lowest qualified bid received by STL Landscape is in the
amount of $134,104. A full bid summary is included as Attachment 1.
Public Works Contractor Registration Law(SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations
(DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal
submitted for public works projects on or after March 1, 2015. Similarly, a public entity
cannot award a public works contract to a non-registered contractor, effective April 1,
2015. Staff has reviewed the DIR's contractor registration database, and has confirmed
that STL landscape, Inc. is registered with the DIR, and is appropriately licensed.
STL Landscape, Inc., of Los Angeles, 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. A construction contract with STL Landscape, Inc. is
included as Attachment 2.
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(c) "Existing highways and streets,
sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road
grading for the purpose of public safety)," Class 1 projects consist of the operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public
structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that existing at the time of the lead agency's
determination. Therefore, in accordance with Section 15301(c), staff determined that
the 2017 ADA Curb Ramps and Library Sidewalk, City Project No. 17-11, is considered
City Council Staff Report
January 24, 2018-- Page 5
Award Construction Contract for CP 17-11
categorically exempt from CEQA and a Notice of Exemption was prepared and filed with
the Riverside County Clerk. A copy of the Notice of Exemption is included as
Attachment 3.
FISCAL IMPACT:
The Engineering Services Department requested a total of $134,000 for the two
applications submitted for the CDBG program. The first application, "Citywide ADA Curb
Ramps", requested $100,000 for ADA curb ramp improvements. The second application
requested $34,000 for "Sidewalk Improvements at the Palm Springs Public Library". Due
to the selection committee's desire to spread funding amongst the many qualified
applicants and limited amount of CDBG funds, the City was awarded only $88,983 for
the first application and the full award of $34,000 for the sidewalk improvements. The
total initial award for both projects was $122,983.
On March 15, 2017, the City Council Approved $88,983 and $34,000 for both
applications contingent on apportioned adjustments based on the final FY 2017/2018
allocations released by the Department of Housing and Urban Development (HUD),
Attachment #4. Due to a decrease in the final federal funding allocation, the two
projects were awarded the respective amounts of $83,039 for the "Citywide ADA Curb
Ramp" project and $31,724 for the "Sidewalk Improvements at the Palm Springs Public
Library", for a total of $114,763 in CDBG funding, a reduction of $8,200 from the original
award. Continuing the City's commitment to public safety and accessibility for all
pedestrian users, staff identified another source of funding (Gas Tax) to meet the
budget shortfall and fully fund the project. The estimated costs and budget for the 2017
ADA Curb Ramp and Library Sidewalk, City Project No. 17-11, are summarized below
in Table 2.
Table of Project Costs Amount
CDBG (Fund 137) $114,763
Gas Tax (Fund 133) $46,251
Project Administration (Estimated) ($6,500)
Construction Inspection (Estimated) ($7,000)
Construction Cost (Estimated) ($134,104)
Construction Contingency (Fund 133) (13,410)
Balance $0
Table 2
t' 5
City Council Staff Report
January 24, 2018 -- Page (o
Award Construction Contract for CP 17-11
Sufficient funding is available in the following accounts: 133-4298-50251, $46, 251, and
137-4819-63597, $114,763.
SUBMITTED:
' i
Thomas Garcia, P.E. Marcus L. Fuller, PA, P.E., P.L.S.
City Engineer Assistant City Manager
David H. Ready, Esq., Ph.
City Manager
Attachment:
1. Bid Summary
2. Construction Contract
3. Notice of Exemption
4. HUD Reconciliation
5. Vicinity Map
ATTACHMENT 1
2017 ADA CURB RAMPS&LIBRARY SIDEWALK-CP 17-11
BID SUMMARY Bid Opening:DECEMBER 7,2017
BID SCHEDULE A ALL CITIES C&M CONSTRUCTION,
QUANTITYUNIT ENGINEERING,INC.- LLC*• STL LANDSCAPE,INC."'
Item No. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR AMOUNT UNIT PR. AMOUNT
1 Mobilization 1 LS $7500.00 $7500.00 $5000.00 $5000.00 $10000.00 $10000.00
2 Temporary Traffic Control 1 LS $5,000.00 $5 ODO.00 $5 000.00 $5 000.00 $1 300,00 $1 300.00
3 Remove and Reconstruct Existing Curb Ramps Type A 14 EA $2,760.00 $30,640.00 $3,00D.00 $42,000.00 $4,000,00 $56,000.00
4 Remove and Reconstruct Existing Curb Ramps Type B 2 Ea $2,500.00 $5,000.00 $3,500.01) $7,OW000 $4,000.00 $8,000.00
5 Remove and Reconstruct Existing Curb 5 FA $2,500.00 $12,SW.00 $4,000.00 $20,o00.o0 $4,o00.o0 $20,0D0.00
RaMpsType C
Modify Existing Curb Ramps (Furnish and 6 90 SF $75.00 $6,750.00 $30.00 $2,700.00 $30.00 $2,700.00
Install Truncated Domes
7 1 Field Order 1 LS $5000.00 $5DD0.DO $5000.00 $5,000.00 $5,DDO.DD $5,000.00
BID SCHEDULE A TOTAL= $80,390.00 TOTAL= $86.700.00 TOTAL= $103,000.00
BID SCHEDULE B
Rem No. ITEM DESCRIPTION UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR. AMOUNT
1 Mobilization 1 LS $7500.00 $7500,00 $5000.00 $5000.00 $2008.D0 $2008.00
2 Temporary Traffic Control 1 LS $5 000.00 $5 000,00 $5 000.00 $5,000.00 $400.00 $400.00
3 Construct 4"Thick and 8'Wide Sidewalk 1360 SF $4.85 $5,596.00 $5.00 $6,800.00 $10.00 $13,600.00
4 Remove and Reconstruct Type A7 Curb Be LF $48.00 $4,704.00 $50.00 $7,840.00 $52.00 $6,090.00
5 Relocate Two 2 Light Poles 1 LS $0 000.00 $8 000,00 $7 00&00 $7 000.00 $5 000.DO $5 000.DO
e Field Order 1 LS $5,000.00 $5 000,00 $5 000.00 $5 000.00 $5 000.D0 $5 000.00
BID SHEDULE B TOTAL= $35,900.00 TOTAL• $36,640.00 TOTAL= $31,104.00
BID SCHEDULE A&B TOTAL= $117,190.00 TOTAL= $123,340.00 TOTAL= $134,104.00
1 2 3
BID SCHEDULE A CT&T CONCRETE TRI STAR CONTRACTING HARDY HARPER
KANA SUBSURFACE
QUANTITYUNIT PAVING,INC. 11,INC. & ,INC. ENGINEERING
Item No. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR AMOUNT
1 Mobilization 1 LS $16000.00 $16000.00 $8792.00 $8792.00 $6100.00 $6100,00 $10312.00 $10312.00
2 Temporary Traffic Control 1 LS $3 50D.00 $3 500.00 $9 931.00 $9 931.00 $17 000.00 $17 000.00 $14 784.00 $14 784.00
3 Remove and Reconstruct Existing Curb 14 EA $4,500.00 $63,000.00 $4,853.00 $67,942.00 $4,900,00 $68,600.00 $6,409.00 $89,726.00
Ram s Type A
4 Remove and Reconstruct Existing Curb 2 Ea $4,300.00 $8,600.00 $4,566,00 $9,132,00 $4,900.00 $9,13M.00 $5,084.00 $10,168.00
Ramps T eB
5 Remove and Reconstruct Existing Curb 5 EA $4,400.00 $22,000.00 $4.422.00 $22,110,00 $4,900.00 $24,500.00 $4.775.00 $23,875.00
Ramps Type C
6 Modify Existing Curb Ramps (Furnish and 90 SF $65.00 $5,850.00 $120.00 $10,800.00 $100.00 $9,000.00 $55.00 S4,9W.00
Install Truncated Domes
7 Field Order 1 LS $5 000.00 $5 000.00 $5 000.00 $5 OD0.00 $5,000.00 $5,000.00 $5 000.00 $5 000.00
BID SCHEDULE TOTAL= $123,860.00 TOTAL= $133,707.00 TOTAL= $140,000.00 TOTAL= $158,815.00
BID SCHEDULE B
Rem No. ITEM DESCRIPTION UNIT PR AMOUNT UNIT PR. AMOUNT UNIT PR AMOUNT UNIT PR. AMOUNT
1 Mobilization 1 LS $85W.DD $8500.00 $6515.D0 $6,516,DO $3592.00 S3592.00 $3088.00 $3088.00
2 Temporary Tragic Control 1 LS $1,500.00 $1,500.00 $2,467.00 $2,467.00 $7,000.00 $7,000.00 $4,283.00 $4,283.00
3 Construct 4"Thick and 8'Wide Sidewalk 1360 SF $12.00 $16,320.00 $1&65 $22,644.00 $11.00 $14,960.00 $13.43 $18,264.80
4 Remove and Reconstruct Type Al Curb 98 LF $50.00 $4 900.00 $76.00 $7 448.00 $76.00 $7 448.00 $62.00 $6 076.00
5 Relocate Two 2 Light Poles 1 LS $20 OD0.00 $20 000.00 $5 308.00 $5 308.00 $21 000.00 $21 000.00 $22 214.13 $22 214.13
e Field Order 1 LS $5 000.00 $5,000.00 $5,000.00 $5,D00.00 $5,000.00 $5 000.00 $5 000,00 $5,000.00
BID SHEDULE B TOTAL= $56 220.00 TOTAL= $49,382.00 TOTAL $59,000.00 TOTAL= $58,926.93
BID SCHEDULE A&B TOTAL= $180,170.00 TOTAL= $183,089.00 TOTAL $199,000.00 TOTAL= $217,740.93
4 5 6 7
C)l NOTES' Italicised numbers represent corrected numbers as a result or math errors in the bid document.
OD * All Cities Engineering submitted an invalid Bid Bond and therefore,their Bid is considered Non-Reponsive.
** C&M Construction submitted an unexecuted draft Bid Bond and therefore,their Bid is Considered Non-Responsive
*** STL Landscape,Inc.is the next Responsive apparent low bidder.
ATTACHMENT 2
3
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this _ day of 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 STL Landscape, Inc., hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s)for the Project entitled:
2017 ADA CURB RAMPS AND LIBRARY SIDEWALK
CITY PROJECT NO. 17-11
The Work comprises reconstruction of existing curb ramps and upgrade nonconforming
curb ramps at the locations listed in the Appendix, and sidewalk construction at the Palm
Springs Library.
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
&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.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is $134,104.00. 10
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of
Prevailing Wages, the accepted Bid and Bid Schedule, List of Subcontractors, Non-
collusion Declaration, Equal Employment Opportunity Certification, Debarment and
Suspension Certification, Non-Lobbying Certification for Federal-Aid Contracts,
Disclosure of Lobbying Activities, Bid Security or Bid Bond, Bidder's General Information,
Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162
Questionnaire, Public Contract Code Section 10232 Statement, this Agreement, Worker's
Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications,
Special Provisions, Addenda number 1, inclusive, and all Change Orders and Work
Change Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
The Contract Documents shall also incorporate those certain Federal Requirements for
Federal-Aid Construction Projects (Form FHWA 1273), included in Exhibit "A" attached
hereto and made a part hereof.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for
the above stated project, and to fulfill all other obligations as set forth in the aforesaid
Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
it
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 -- NON-DISCRIMINATION
Contractor represents and agrees that it shall not discriminate against any
subcontractor, consultant, employee or applicant for employment because of race,
religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, physical or mental disability, or medical condition. Contractor shall
ensure that applicants are employed, and that employees are treated during their
employment, without regard to their race, religion, color, sex, age, marital status,
ancestry, national origin, sexual orientation, gender identity, physical or mental
disability, or medical condition. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
ARTICLE 10 -- 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 2
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
13
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
Date
By
David H. Ready
City Manager Agreement No.
ATTEST:
By
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia, P.E.
City Engineer
14
CONTRACTOR
By:
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:
i �
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
�. 6
FHWA-1273-- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are
II. Nondiscrimination not applicable to material supply, engineering, or architectural service
III. Nonsegregated Facilities contracts.
IV. Davis-Bacon and Related Act Provisions
V, Contract Work Hours and Safety Standards Act Provisions In addition, the contractor and all subcontractors must comply with the
VI. Subletting or Assigning the Contract following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
VII. Safety:Accident Prevention 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
VIII. False Statements Concerning Highway Projects amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
IX. Implementation of Clean Air Act and Federal Water Pollution amended, and related regulations including 49 CFR Parts 21,26 and 27;
Control Act and 23 CFR Parts 200,230,and 633.
X. Compliance with Governmentwide Suspension and Debarment
Requirements The contractor and all subcontractors must comply with: the
XI. Certification Regarding Use of Contract Funds for Lobbying requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
for all construction contracts exceeding $10,000, the Standard Federal
ATTACHMENTS Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
A. Employment and Materials Preference for Appalachian Development
Highway System or Appalachian Local Access Road Contracts(included Note:The U.S.Department of Labor has exclusive authority to determine
in Appalachian contracts only) compliance with Executive Order 11246 and the policies of the Secretary
of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting
L GENERAL agency and the FHWA have the authority and the responsibility to
ensure compliance with Title 23 USC Section 140, the Rehabilitation Act
1. Form FHWA-1273 must be physically incorporated in each of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of
construction contract funded under Tide 23 (excluding emergency 1964, as amended, and related regulations including 49 CFR Parts 21,
contracts solely intended for debris removal). The contractor (or 26 and 27;and 23 CFR Parts 200,230,and 633.
subcontractor) must insert this form in each subcontract and further
require its inclusion in all lower tier subcontracts (excluding purchase The following provision is adopted from 23 CFR 230, Appendix A, with
orders, rental agreements and other agreements for supplies or appropriate revisions to conform to the U.S. Department of Labor (US
services). DOL)and FHWA requirements.
The applicable requirements of Form FHWA-1273 are incorporated by 1. Equal Employment Opportunity: Equal employment opportunity
reference for work done under any purchase order, rental agreement or (EEO)requirements not to discriminate and to take affirmative action to
agreement for other services. The prime contractor shall be responsible assure equal opportunity as set forth under laws,executive orders,rules,
for compliance by any subcontractor, lower-tier subcontractor or service regulations(28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627,41 CFR 60
provider. and 49 CFR 27)and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140
Form FHWA-1273 must be included in all Federal-aid design-build shall constitute the EEO and specific affirmative action standards for the
contracts, in all subcontracts and in lower tier subcontracts (excluding contractor's project activities under this contract. The provisions of the
subcontracts for design services, purchase orders, rental agreements Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set
and other agreements for supplies or services). The design-builder shall forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference
be responsible for compliance by any subcontractor, lower-tier in this contract.In the execution of this contract,the contractor agrees to
subcontractor or service provider. comply with the following minimum specific requirement activities of
EEO:
Contracting agencies may reference Form FHWA-1273 in bid proposal
or request for proposal documents,however,the Form FHWA-1273 must a.The contractor will work with the contracting agency and the Federal
be physically incorporated (not referenced)in all contracts,subcontracts Government to ensure that it has made every goad faith effort to provide
and lower-tier subcontracts (excluding purchase orders, rental equal opportunity with respect to all of its terms and conditions of
agreements and other agreements for supplies or services related to a employment and in their review of activities under the contract.
construction contract).
b. The contractor will accept as its operating policy the following
2. Subject to the applicability criteria noted in the following sections, statement:
these contract provisions shall apply to all work performed on the
contract by the contractor's own organization and with the assistance of "It is the policy of this Company to assure that applicants are
workers under the contractor's immediate superintendence and to all employed,and that employees are treated during employment,without
work performed on the contract by piecework, station work, or by regard to their race, religion, sex, color, national origin, age or
subcontract. disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
3. A breach of any of the stipulations contained in these Required termination;rates of pay or other forms of compensation;and selection
Contract Provisions may be sufficient grounds for withholding of progress for training, including apprenticeship, pre-apprenticeship, and/or on-
payments, withholding of final payment, termination of the contract, the job training."
suspension/debarment or any other action determined to be appropriate
by the contracting agency and FHWA. 2. EEO Officer: The contractor will designate and make known to the
contracting officers an EEO Officer who will have the responsibility for
4. Selection of Labor: During the performance of this contract, the and must be capable of effectively administering and promoting an
contractor shall not use convict labor for any purpose within the limits of active EEO program and who must be assigned adequate authority and
a construction project on a Federal-aid highway unless it is labor responsibility to do so.
performed by convicts who are on parole, supervised release, or
probation. The tens Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
It. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable
to all Federal-aid construction contracts and to all related construction - 17
1
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge c. The contractor will periodically review selected personnel actions
employees,or who recommend such action,or who are substantially in depth to determine whether there is evidence of discrimination.
involved in such action, will be made fully cognizant of, and will Where evidence is found, the contractor will promptly take
implement, the contractors EEO policy and contractual corrective action. If the review indicates that the discrimination
responsibilities to provide EEO in each grade and classification of may extend beyond the actions reviewed, such corrective action
employment. To ensure that the above agreement will be met, the shall include all affected persons.
following actions will be taken as a minimum:
d.The contractor will promptly investigate all complaints of alleged
a. Periodic meetings of supervisory and personnel office employees discrimination made to the contractor in connection with its
will be conducted before the start of work and then not less often obligations under this contract, will attempt to resolve such
than once every six months, at which time the contractor's EEO complaints, and will take appropriate corrective action within a
policy and its implementation will be reviewed and explained. The reasonable time. If the investigation indicates that the
meetings will be conducted by the EEO Officer. discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
b.All new supervisory or personnel office employees will be given a completion of each investigation, the contractor will inform every
thorough indoctrination by the EEO Officer, covering all major complainant of all of their avenues of appeal.
aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor. 6.Training and Promotion:
c.All personnel who are engaged in direct recruitment for the project a.The contractor will assist in locating, qualifying,and increasing the
will be instructed by the EEO Officer in the contractors skills of minorities and women who are applicants for employment
procedures for locating and hiring minorities and women. or current employees. Such efforts should be aimed at
developing full journey level status employees in the type of trade
d.Notices and posters setting forth the contractor's EEO policy will or job classification involved.
be placed in areas readily accessible to employees,applicants for
employment and potential employees. b.Consistent with the contractor's work force requirements and as
permissible under Federal and State regulations, the contractor
e.The contractors EEO policy and the procedures to implement shall make full use of training programs, i.e., apprenticeship, and
such policy will be brought to the attention of employees by on-the-job training programs for the geographical area of contract
means of meetings, employee handbooks, or other appropriate performance. In the event a special provision for training is
means. provided under this contract, this subparagraph will be
superseded as indicated in the special provision. The contracting
4.Recruitment:When advertising for employees,the contractor will agency may reserve training positions for persons who receive
include in all advertisements for employees the notation: "An Equal welfare assistance in accordance with 23 U.S.C. 140(a).
Opportunity Employer." All such advertisements will be placed in
publications having a large circulation among minorities and women c. The contractor will advise employees and applicants for
in the area from which the project work force would normally be employment of available training programs and entrance
derived. requirements for each.
a.The contractor will, unless precluded by a valid bargaining d.The contractor will periodically review the training and promotion
agreement, conduct systematic and direct recruitment through potential of employees who are minorities and women and will
public and private employee referral sources likely to yield encourage eligible employees to apply for such training and
qualified minorities and women. To meet this requirement, the promotion.
contractor will identify sources of potential minority group
employees,and establish with such identified sources procedures 7. Unions: If the contractor relies in whole or in part upon unions as
whereby minority and women applicants may be referred to the a source of employees, the contractor will use good faith efforts to
contractor for employment consideration. obtain the cooperation of such unions to increase opportunities for
minorities and women. Actions by the contractor, either directly or
b. In the event the contractor has a valid bargaining agreement through a contractor's association acting as agent, will include the
providing for exclusive hiring hall referrals, the contractor is procedures set forth below:
expected to observe the provisions of that agreement to the
extent that the system meets the contractors compliance with a.The contractor will use good faith efforts to develop, in
EEO contract provisions. Where implementation of such an cooperation with the unions,joint training programs aimed toward
agreement has the effect of discriminating against minorities or qualifying more minorities and women for membership in the
women, or obligates the contractor to do the same, such unions and increasing the skills of minorities and women so that
implementation violates Federal nondiscrimination provisions. they may qualify for higher paying employment.
c.The contractor will encourage its present employees to refer b.The contractor will use good faith efforts to incorporate an EEO
minorities and women as applicants for employment. Information clause into each union agreement to the end that such union will
and procedures with regard to referring such applicants will be be contractually bound to refer applicants without regard to their
discussed with employees. race,color,religion,sex,national origin,age or disability.
5. Personnel Actions: Wages, working conditions, and employee C.The contractor is to obtain information as to the referral practices
benefits shall be established and administered, and personnel and policies of the labor union except that to the extent such
actions of every type, including hiring, upgrading, promotion, information is within the exclusive possession of the labor union
transfer, demotion, layoff, and termination, shall be taken without and such labor union refuses to furnish such information to the
regard to race, color, religion, sex, national origin, age or disability. contractor,the contractor shall so certify to the contracting agency
The following procedures shall be followed: and shall set forth what efforts have been made to obtain such
information.
a.The contractor will conduct periodic inspections of project sites to
insure that working conditions and employee facilities do not d. In the event the union is unable to provide the contractor with a
indicate discriminatory treatment of project site personnel. reasonable Flow of referrals within the time limit set forth in the
collective bargaining agreement, the contractor will, through
b.The contractor will periodically evaluate the spread of wages paid independent recruitment efforts, fill the employment vacancies
within each classification to determine any evidence of without regard to race, color, religion, sex, national origin,age or
discriminatory wage practices. disability; making full efforts to obtain qualified and/or qualifiable
L
minorities and women. The failure of a union to provide sufficient
referrals(even though it is obligated to provide exclusive referrals III.NONSEGREGATED FACILITIES
under the terms of a collective bargaining agreement) does not
relieve the contractor from the requirements of this paragraph. In This provision is applicable to all Federal-aid construction contracts
the event the union referral practice prevents the contractor from and to all related construction subcontracts of$10,000 or more.
meeting the obligations pursuant to Executive Order 11246, as
amended, and these special provisions, such contractor shall The contractor must ensure that facilities provided for employees
immediately notify the contracting agency. are provided in such a manner that segregation on the basis of race,
color, religion, sex, or national origin cannot result. The contractor
8.Reasonable Accommodation for Applicants I Employees with may neither require such segregated use by written or oral policies
Disabilities: The contractor must be familiar with the requirements nor tolerate such use by employee custom. The contractor's
for and comply with the Americans with Disabilities Act and all rules obligation extends further to ensure that its employees are not
and regulations established there under. Employers must provide assigned to perform their services at any location, under the
reasonable accommodation in all employment activities unless to do contractor's control, where the facilities are segregated. The term
so would cause an undue hardship. "facilities"includes waiting rooms,work areas, restaurants and other
eating areas,time clocks, restrooms,washrooms, locker rooms,and
9. Selection of Subcontractors, Procurement of Materials and other storage or dressing areas, parking lots, drinking fountains,
Leasing of Equipment:The contractor shall not discriminate on the recreation or entertainment areas, transportation, and housing
grounds of race,color, religion,sex, national origin, age or disability provided for employees. The contractor shall provide separate or
in the selection and retention of subcontractors, including single-user restrooms and necessary dressing or sleeping areas to
procurement of materials and leases of equipment. The contractor assure privacy between sexes.
shall lake all necessary and reasonable steps to ensure
nondiscrimination in the administration of this contract. IV. DAVIS-BACON AND RELATED ACT PROVISIONS
a.The contractor shall notify all potential subcontractors and This section is applicable to all Federal-aid construction projects
suppliers and lessors of their EEO obligations under this contract. exceeding $2,000 and to all related subcontracts and lower-tier
b.The contractor will use good faith efforts to ensure subcontractor subcontracts (regardless of subcontract size). The requirements
compliance with their EEO obligations. apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal-aid highway. This excludes
10.Assurance Required by 49 CFR 26.13(b): roadways functionally classified as local roads or rural minor
collectors, which are exempt. Contracting agencies may elect to
a.The requirements of 49 CFR Part 26 and the State DOT's U.S. apply these requirements to other projects.
DOT-approved DBE program are incorporated by reference.
The following provisions are from the U.S. Department of Labor
b.The contractor or subcontractor shall not discriminate on the basis regulations in 29 CFR 5.5 "Contract provisions and related matters"
of race, color, national origin, or sex in the performance of this with minor revisions to conform to the FHWA-1273 formal and
contract. The contractor shall carry out applicable requirements FHWA program requirements.
of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by the contractor to carry out these 1 Minimum wages
requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as
the contracting agency deems appropriate. a.All laborers and mechanics employed or working upon the site of
the work,will be paid unconditionally and not less often than once
11. Records and Reports: The contractor shall keep such records a week, and without subsequent deduction or rebate on any
as necessary to document compliance with the EEO requirements. account (except such payroll deductions as are permitted by
Such records shall be retained for a period of three years following regulations issued by the Secretary of Labor under the Copeland
the date of the final payment to the contractor for all contract work Act (29 CFR part 3)), the full amount of wages and bona fide
and shall be available at reasonable times and places for inspection fringe benefits (or cash equivalents thereof) due at time of
by authorized representatives of the contracting agency and the payment computed at rates not less than those contained in the
FHWA. wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
a.The records kept by the contractor shall document the following: relationship which may be alleged to exist between the contractor
and such laborers and mechanics.
(1)The number and work hours of minority and non-minority group
members and women employed in each work classification on
the project; Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) of the Davis-Bacon Act on
(2)The progress and efforts being made in cooperation with behalf of laborers or mechanics are considered wages paid to such
unions,when applicable,to increase employment opportunities laborers or mechanics,subject to the provisions of paragraph 1 A, of
for minorities and women;and this section; also, regular contributions made or costs incurred for
more than a weekly period(but not less often than quarterly)under
(3)The progress and efforts being made in locating, hiring, plans, funds, or programs which cover the particular weekly period,
training,qualifying,and upgrading minorities and women; are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
b.The contractors and subcontractors will submit an annual report appropriate wage rate and fringe benefits on the wage determination
to the contracting agency each July for the duration of the project, for the classification of work actually performed, without regard to
indicating the number of minority,women,and non-minority group skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics
employees currently engaged in each work classification required performing work in more than one classification may be
by the contract work. This information is to be reported on Farm compensated at the rate specified for each classification for the time
FHWA-1391. The staffing data should represent the project work actually worked therein: Provided, that the employer's payroll
force on board in all or any part of the last payroll period records accurately set forth the time spent in each classification in
preceding the end of July. If on-the-job training is being required which work is performed. The wage determination (including any
by special provision,the contractor will be required to collect and additional classification and wage rates conformed under paragraph
report training data. The employment data should reflect the work 1.b.of this section)and the Davis-Bacon poster(WH-1321)shall be
force on board during all or any part of the last payroll period posted at all times by the contractor and its subcontractors at the
preceding the end of July. 1 n
1 J
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 prime contractor, so much of the accrued payments or advances as
or mechanics, including helpers, which is not listed in the wage may be considered necessary to pay laborers and mechanics,
d including apprentices, trainees, and helpers, employed by the
determination and which is to be employed under the contract
contractor or any subcontractor the full amount of wages required by
shall be classified in conformance with the wage determination
The contracting officer shall approve an additional classification the contract. In the event of failure to pay any laborer or mechanic,
and wage rate and fringe benefits therefore only when the including any apprentice, trainee, or helper,employed or working on
following 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,
(1) 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 a.Payrolls and basic records relating thereto shall be maintained by
benefits, bears a reasonable relationship to the wage rates the contractor during the course of the work and preserved for a
contained in the wage determination.
period of three years thereafter for all laborers and mechanics
(2) If the contractor and the laborers and mechanics to be working at the site of the work. Such records shall contain the
employed in the classification(if known), or their representatives, name, address, and social security number of each such worker,
and the contracting officer agree on the classification and wage his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide
rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the fringe benefits or cash equivalents thereof of the types d we bed
contracting officer to the Administrator of the Wage and Hour n section 1h urs w rk the Davis-Bacon Act), daily and weekly
Division,Employment Standards Administration, U.S. Department number of hours worked, deductions made and actual wages
of Labor, Washington, DC 20210. The Administrator, or an Paid. Whenever the Secretary of Labor has found under lu CFR
authorized representative, will approve, modify, or disapprove amount
of that the wages of any laborer or mechanic include the
every additional classification action within 30 days of receipt and amount of any costs reasonably anticipated in providing benefits
cords
so advise the contracting officer or will notify the contracting under a plan or program described in section 1( of the
officer within the 30-day period that additional time is necessary. Davis-bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
(3) In the event the contractor, the laborers or mechanics to be enforceable, that the plan or program is financially responsible,
employed in the classification or their representatives, and the and that the plan or program has been communicated in writing to
contracting officer do not agree on the proposed classification and the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred it providing such
wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer the benefits. Contractors employing apprentices or trainees under
questions, including the views of all interested parties and the approved programs shall maintain written evidence the
trainee
recommendation of the contracting officer, to the Wage and Hour registration of apprenticeship programs and certification of trainee
Administrator for determination. The Wage and Hour programs, the registration the apprentices and trainees, and
Administrator, or an authorized representative, will issue a the ratios and wage rates prescribed in the applicable programs.
b
determination within 30 days of receipt and so advise the .co The contractor shall submit weekly for each week in which any
contracting officer or will notify the contracting officer within the contract work performed a copy of all payrolls to the contracting
agency. The payrolls submitted shall set out accurately and
30-day period that additional time is necessary,
completely all of the information required to be maintained under
29 CFR 5.5(aK3Ki), except that full social security numbers and
de The wage rate (including fringe benefits where appropriate) home addresses shall not be included on weekly transmittals.
determined pursuant to paragraphs 1.perf of 1.woo of this Instead the payrolls shall only need to include an individually
section, shall be paid to all workers performing ming work in the identifying number for each employee(e.g. ,the last four digits of
classification under this contract from the first day on which work the employee's social security number). The required weekly
is performed in the classification.
payroll information may be submitted in any form desired.
c. Whenever the minimum wage rate prescribed in the contract for a Optional Form W H-347 is available for this purpose from the
class of laborers or mechanics includes a fringe benefit which is Wage and Hour Division Web site at
not expressed as an hourly rate, the contractor shall either pay http://www.dol.goviesa/whd/forms/wh347instr,htm or its successor
the benefit as stated in the wage determination or shall pay site. The prime contractor is responsible for the submission of
another bona fide fringe benefit or an hourly cash equivalent copies of payrolls by all subcontractors. Contractors and
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 upon request to the contracting agency for transmission to the
third person,the contractor may consider as part of the wages of State DOT, the FHWA or the Wage and Hour Division of the
any laborer or mechanic the amount of any costs reasonably Department of Labor for purposes of an investigation or audit of
anticipated in providing bona fide fringe benefits under a plan or compliance with prevailing wage requirements. It is not a violation
program, Provided, That the Secretary of Labor has found, upon of this section for a prime contractor to require a subcontractor to
the written request of the contractor,that the applicable standards provide addresses and social security numbers to the prime
of the Davis-Bacon Act have been met. The Secretary of Labor contractor for its own records, without weekly submission to the
may require the contractor to set aside in a separate account contracting agency.
assets for the meeting of obligations under the plan or program. (2) Each payroll submitted shall be accompanied by a"Statement
of Compliance," signed by the contractor or subcontractor or his
2. Withholding or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
The contracting agency shall upon its own action or upon written (i) That the payroll for the payroll period contains the
request of an authorized representative of the Department of Labor, information required to be provided under §5.5 (a)(3xii) of
withhold or cause to be withheld from the contractor under this Regulations, 29 CFR part 5, the appropriate information is 20
being maintained under§5.5 (a)(3)(i) of Regulations, 29 CFR contractors or subcontractors registered program shall be
part 5,and that such information is correct and complete; observed.
(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 the registered program for the apprentice's level of progress,
payroll period has been paid the full weekly wages earned, expressed as a percentage of the journeymen hourly rate specified
without rebate, either directly or indirectly, and that no in the applicable wage determination. Apprentices shall be paid
deductions have been made either directly or indirectly from fringe benefits in accordance with the provisions of the
the full wages earned,other than permissible deductions as set apprenticeship program. If the apprenticeship
forth in Regulations,29 CFR part 3; PP P P 9 PP p program does not
specify fringe benefits, apprentices must be paid the full amount of
ui That each laborer or mechanic has been paid not less than fringe benefits listed on the wage determination for the applicable
( ) classification. If the Administrator determines that a different practice
the applicable wage rates and f benefits or cash prevails for the applicable apprentice classification, fringes shall be
specified in the applicable wage determination
ermination incorporated work performed, as equivalents for the classification paid in accordance with that determination.
into the contract.
In the event the Office of Apprenticeship Training, Employer and
(3)The weekly submission of a properly executed certification set Labor Services,or a State Apprenticeship Agency recognized by the
forth on the reverse side of Optional Form WH-347 shall satisfy Office, withdraws approval of an apprenticeship program, the
the requirement for submission of the"Statement of Compliance" contractor will no longer be permitted to utilize apprentices at less
required by paragraph 3.b.(2)of this section. than the applicable predetermined rate for the work performed until
an acceptable program is approved.
(4)The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution b.Trainees(programs of the USDOL).
under section 1001 of title 18 and section 231 of title 31 of the
United States Code.
Except as provided in 29 CFR 5,16,trainees will not be permitted to
c. The contractor or subcontractor shall make the records required work at less than the predetermined rate for the work performed
under paragraph 3.a. of this section available for inspection, unless they are employed pursuant to and individually registered in
copying, or transcription by authorized representatives of the a program which has received prior approval, evidenced by formal
contracting agency, the State DOT, the FHWA, or the certification by the U.S. Department of Labor, Employment and
Department of Labor, and shall permit such representatives to Training Administration.
interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or
to make them available,the FHWA may,after written notice to the The ratio of trainees to journeymen on the job site shall not be
contractor, the contracting agency or the State DOT, take such greater than permitted under the plan approved by the Employment
action as may be necessary to cause the suspension of any and Training Administration.
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make Every trainee must be paid at not less than the rate specified in the
such records available may be grounds for debarment action approved program for the trainee's level of progress,expressed as a
pursuant to 29 CFR 5.12. percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in
4. Apprentices and trainees accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits,trainees shall be paid the
full amount of fringe benefits listed on the wage determination
a.Apprentices(programs of the USDOL). unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the
Apprentices will be permitted to work at less than the predetermined corresponding journeyman wage rate on the wage determination
rate for the work they performed when they are employed pursuant which provides for less than full fringe benefits for apprentices.Any
to and individually registered in a bona fide apprenticeship program employee listed on the payroll at a trainee rate who is not registered
registered with the U.S. Department of Labor, Employment and and participating in a training plan approved by the Employment and
Training Administration, Office of Apprenticeship Training, Employer Training Administration shall be paid not less than the applicable
and Labor Services, or with a State Apprenticeship Agency wage rate on the wage determination for the classification of work
recognized by the Office,or if a person is employed in his or her first actually performed. In addition, any trainee performing work on the
90 days of probationary employment as an apprentice in such an job site in excess of the ratio permitted under the registered program
apprenticeship program, who is not individually registered in the shall be paid not less than the applicable wage rate on the wage
program, but who has been certified by the Office of Apprenticeship determination for the work actually performed.
Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary In the event the Employment and Training Administration withdraws
employment as an apprentice. approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable
The allowable ratio of apprentices to journeymen on the job site in predetermined rate for the work performed until an acceptable
any craft classification shall not be greater than the ratio permitted to program is approved.
the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, c. Equal employment opportunity. The utilization of apprentices,
who is not registered or otherwise employed as stated above, shall trainees and journeymen under this part shall be in conformity
be paid not less than the applicable wage rate on the wage with the equal employment opportunity requirements of Executive
determination for the classification of work actually performed. In Order 11246,as amended,and 29 CFR part 30.
addition,any apprentice performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not d.Apprentices and Trainees(programs of the U.S. DOT).
less than the applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its Apprentices and trainees working under apprenticeship and skill
program is registered, the ratios and wage rates (expressed in training programs which have been certified by the Secretary of
percentages of the journeyman's hourly rate) specified in the Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the requirements
21
of paragraph 4 of this Section IV. The straight time hourly wage this section, the contractor and any subcontractor responsible
rates for apprentices and trainees under such programs will be therefor shall be liable for the unpaid wages. In addition, such
established by the particular programs.The ratio of apprentices and contractor and subcontractor shall be liable to the United Stales(in
trainees to journeymen shall not be greater than permitted by the the case of work done under contract for the District of Columbia or
terms of the particular program. a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect
5.Compliance with Copeland Act requirements. The contractor to each individual laborer or mechanic, including watchmen and
shall comply with the requirements of 29 CFR part 3, which are guards, employed in violation of the clause set forth in paragraph
incorporated by reference in this contract. (1.)of this section,in the sum of$10 for each calendar day on which
such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime
6.Subcontracts. The contractor or subcontractor shall insert Form wages required by the clause set forth in paragraph (1.) of this
FHWA-1273 in any subcontracts and also require the subcontractors section.
to include Form FHWA-1273 in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any 3. Withholding for unpaid wages and liquidated damages. The
subcontractor or lower tier subcontractor with all the contract FHWA or the contacting agency shall upon its own action or upon
clauses in 29 CFR 5.5, written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable
7. Contract termination: debarment. A breach of the contract on account of work performed by the contractor or subcontractor
clauses in 29 CFR 5.5 may be grounds for termination of the under any such contract or any other Federal contract with the same
contract, and for debarment as a contractor and a subcontractor as prime contractor, or any other federally-assisted contract subject to
provided in 29 CFR 5.12. the Contract Work Hours and Safety Standards Act,which is held by
the same prime contractor, such sums as may be determined to be
8.Compliance with Davis-Bacon and Related Act requirements. necessary to satisfy any liabilities of such contractor or
All rulings and interpretations of the Davis-Bacon and Related Acts subcontractor for unpaid wages and liquidated damages as provided
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by n the clause set forth in paragraph(2.)of this section.
reference in this contract.
4.Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1.) through (4.) of
9. Disputes concerning labor standards. Disputes arising out of
this section and also a clause requiring the subcontractors to include
the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be These clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower
resolved in accordance with the procedures of the Department of
L tier subcontractor with the clauses set forth in paragraphs (1.)
abor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor(or Through(4.)of this section.
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor,or the employees or their representatives.
VI.SUBLETTING OR ASSIGNING THE CONTRACT
10.Certification of eligibility. This provision is applicable to all Federal-aid construction contracts
on the National Highway System.
a.By entering into this contract,the contractor certifies that neither it
(nor he or she)nor any person or firm who has an interest in the 1.The contractor shall perform with its own organization contract
contractor's firm is a person or firm ineligible to be awarded work amounting to not less than 30 percent (or a greater
Government contracts by virtue of section 3(a)of the Davis-Bacon percentage if specified elsewhere in the contract) of the total
Act or 29 CFR 5.12(ax1). original contract price, excluding any specialty items designated
by the contracting agency. Specialty items may be performed by
b. No part of this contract shall be subcontracted to any person or subcontract and the amount of any such specialty items
firm ineligible for award of a Government contract by virtue of performed may be deducted from the total original contract price
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). before computing the amount of work required to be performed by
the contractor's own organization(23 CFR 635.116).
c.The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. a.The term 'perform work with its own organization" refers to
workers employed or leased by the prime contractor, and
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT equipment owned or rented by the prime contractor, with or
without operators. Such term does rot include employees or
equipment of a subcontractor or lower tier subcontractor,
The following clauses apply to any Federal-aid construction contract
in an amount in excess of $100,000 and subject to the overtime agents of the prime contractor, or any other assignees. The
provisions of the Contract Work Hours and Safely Standards Act. tern may include payments for the costs of hiring leased
These clauses shall be inserted in addition to the clauses required employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased employees
by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards. may only be included d this term if the prime contractor meets
all of the following conditions:
1. Overtime requirements. No contractor or subcontractor (1) the prime contractor maintains control over the
contracting for any part of the contract work which may require or supervision of the day-to-day activities of the leased
involve the employment of laborers or mechanics shall require or employees;
permit any such laborer or mechanic in any workweek in which he or (2) the prime contractor remains responsible for the quality of
she is employed on such work to work in excess of forty hours in the work of the leased employees;
such workweek unless such laborer or mechanic receives (3) the prime contractor retains all power to accept or exclude
compensation at a rate not less than one and one-half times the individual employees from work on the project;and
basic rate of pay for all hours worked in excess of forty hours in such (4) the prime contractor remains ultimately responsible for the
workweek. payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
2.Violation; liability for unpaid wages; liquidated damages. In other Federal regulatory requirements.
the event of any violation of the clause set forth in paragraph(1.)of 22
b."Specialty Items" shall be construed to be limited to work that it is essential that all persons concerned with the project perform
requires highly specialized knowledge, abilities, or equipment their functions as carefully, thoroughly, and honestly as possible.
not ordinarily available in the type of contracting organizations Willful falsification, distortion, or misrepresentation with respect to
qualified and expected to bid or propose on the contract as a any facts related to the project is a violation of Federal law. To
whole and in general are to be limited to minor components of prevent any misunderstanding regarding the seriousness of these
the overall contract. and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more places
2.The contract amount upon which the requirements set forth in where it is readily available to all persons concerned with the
paragraph (1) of Section VI is computed includes the cost of project:
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions. 18 U.S.C. 1020 reads as follows:
3.The contractor shall furnish (a) a competent superintendent or "Whoever,being an officer,agent,or employee of the United States,
supervisor who is employed by the firm, has full authority to direct or of any State or Territory, or whoever, whether a person,
performance of the work in accordance with the contract association, firm, or corporation, knowingly makes any false
requirements, and is in charge of all construction operations statement, false representation, or false report as to the character,
(regardless of who performs the work)and (b) such other of its quality, quantity, or cost of the material used or to be used, or the
own organizational resources (supervision, management, and quantity or quality of the work performed or to be performed, or the
engineering services) as the contracting officer determines is cost thereof in connection with the submission of plans, maps,
necessary to assure the performance of the contract. specifications, contracts, or costs of construction on any highway or
related project submitted for approval to the Secretary of
4.No portion of the contract shall be sublet, assigned or otherwise Transportation; or
disposed of except with the written consent of the contracting
officer, or authorized representative, and such consent when Whoever knowingly makes any false statement, false
given shall not be construed to relieve the contractor of any representation, false report or false claim with respect to the
responsibility for the fulfillment of the contract. Written consent character, quality, quantity, or cost of any work performed or to be
will be given only after the contracting agency has assured that performed, or materials furnished or to be furnished, in connection
each subcontract is evidenced in writing and that it contains all with the construction of any highway or related project approved by
pertinent provisions and requirements of the prime contract. the Secretary of Transportation;or
5.The 30% self-performance requirement of paragraph (1) is not Whoever knowingly makes any false statement or false
applicable to design-build contracts; however, contracting representation as to material fact in any statement, certificate, or
agencies may establish their own self-performance requirements. report submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and
VII.SAFETY:ACCIDENT PREVENTION supplemented;
This provision is applicable to all Federal-aid construction contracts Shall be fined under this title or imprisoned not more than 5 years
and to all related subcontracts. or both."
1.In the performance of this contract the contractor shall comply IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
with all applicable Federal, State,and local laws governing safety, WATER POLLUTION CONTROL ACT
health, and sanitation(23 CFR 635). The contractor shall provide
all safeguards,safety devices and protective equipment and take This provision is applicable to all Federal-aid construction contracts
any other needed actions as it determines, or as the contracting and to all related subcontracts.
officer may determine,to be reasonably necessary to protect the
life and health of employees on the job and the safety of the By submission of this bid/proposal or the execution of this contract,
public and to protect property in connection with the performance or subcontract, as appropriate, the bidder, proposer, Federal-aid
of the work covered by the contract construction contractor, or subcontractor, as appropriate, will be
deemed to have stipulated as follows:
2.It is a condition of this contract,and shall be made a condition of
each subcontract,which the contractor enters into pursuant to this 1.That any person who is or will be utilized in the performance of
contract, that the contractor and any subcontractor shall not this contract is not prohibited from receiving an award due to a
permit any employee, in performance of the contract, to work in violation of Section 508 of the Clean Water Act or Section 306 of
surroundings or under conditions which are unsanitary, hazardous the Clean Air Act.
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR 1926) 2.That the contractor agrees to include or cause to be included the
promulgated by the Secretary of Labor, in accordance with requirements of paragraph (1) of this Section X in every
Section 107 of the Contract Work Hours and Safety Standards subcontract, and further agrees to take such action as the
Act(40 U.S.C.3704). contracting agency may direct as a means of enforcing such
requirements.
3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
have right of entry to any site of contract performance to inspect INELIGIBILITY AND VOLUNTARY EXCLUSION
or investigate the matter of compliance with the construction
safety and health standards and to carry out the duties of the This provision is applicable to all Federal-aid construction contracts,
Secretary under Section 107 of the Contract Work Hours and design-build contracts, subcontracts, lower-tier subcontracts,
Safety Standards Act(40 U.S.C.3704). purchase orders, lease agreements, consultant contracts or any
other covered transaction requiring FHWA approval or that is
Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS estimated to cost$25,000 or more— as defined in 2 CFR Parts 180
and 1200.
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts. 1.Instructions for Certification—First Tier Participants:
In order to assure high quality and durable construction in conformity a.By signing and submitting this proposal, the prospective first tier
with approved plans and specifications and a high degree of participant is providing the certification set out below.
reliability on statements and representations made by engineers,
contractors,suppliers,and workers on Federal-aid highway projects, 2 3
M
b.The inability of a person to provide the certification set out below j. Except for transactions authorized under paragraph (f) of these
will not necessarily result in denial of participation in this covered instructions, if a participant in a covered transaction knowingly
transaction. The prospective first tier participant shall submit an enters into a lower tier covered transaction with a person who is
explanation of why it cannot provide the certification set out suspended, debarred, ineligible, or voluntarily excluded from
below. The certification or explanation will be considered in participation in this transaction, in addition to other remedies
connection with the department or agency's determination available to the Federal Government, the department or agency
whether to enter into this transaction. However, failure of the may terminate this transaction for cause or default.
prospective first tier participant to furnish a certification or an
explanation shall disqualify such a person from participation in
this transaction. 2. Certification Regarding Debarment, Suspension,Ineligibility
and Voluntary Exclusion—First Tier Participants:
c.The certification in this clause is a material representation of fact
upon which reliance was placed when the contracting agency a.The prospective first tier participant certifies to the best of its
determined to enter into this transaction. If it is later determined knowledge and belief,that it and its principals:
that the prospective participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal (1) Are not presently debarred, suspended, proposed for
Government, the contracting agency may terminate this debarment, declared ineligible, or voluntarily excluded from
transaction for cause of default. participating in covered transactions by any Federal
department or agency;
d.The prospective first tier participant shall provide immediate
written notice to the contracting agency to whom this proposal is (2) Have not within a three-year period preceding this proposal
submitted if any time the prospective first tier participant learns been convicted of or had a civil judgment rendered against
that its certification was erroneous when submitted or has them for commission of fraud or a criminal offense in
become erroneous by reason of changed circumstances. connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or
e.The terms 'covered transaction," "debarred," "suspended," contract under a public transaction; violation of Federal or
"ineligible," "participant," "person," "principal," and "voluntarily State antitrust statutes or commission of embezzlement,
excluded,"as used in this clause,are defined in 2 CFR Parts 180 theft, forgery, bribery, falsification or destruction of records,
and 1200. "First Tier Covered Transactions" refers to any making false statements,or receiving stolen property;
covered transaction between a grantee or subgrantee of Federal
funds and a participant(such as the prime or general contract). (3) Are not presently indicted for or otherwise criminally or civilly
"Lower Tier Covered Transactions" refers to any covered charged by a governmental entity (Federal, State or local)
transaction under a First Tier Covered Transaction (such as with commission of any of the offenses enumerated in
subcontracts). "First Tier Participant'refers to the participant who paragraph(a)(2)of this certification;and
has entered into a covered transaction with a grantee or
subgrantee of Federal funds (such as the prime or general (4) Have not within a three-year period preceding this
contractor). "Lower Tier Participant' refers any participant who appliration/proposal had one or more public transactions
has entered into a covered transaction with a First Tier Participant (Federal,State or local)terminated for cause or default,
or other Lower Tier Participants (such as subcontractors and
suppliers). b.Where the prospective participant is unable to certify to any of the
statements in this certification, such prospective participant shall
f. The prospective first tier participant agrees by submitting this attach an explanation to this proposal.
proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier 2.Instructions for Certification-Lower Tier Participants:
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in (Applicable to all subcontracts, purchase orders and other lower tier
this covered transaction, unless authorized by the department or transactions requiring prior FHWA approval or estimated to cost
agency entering into this transaction. $25,000 or more-2 CFR Parts 180 and 1200)
g.The prospective first tier participant further agrees by submitting a. By signing and submitting this proposal,the prospective lower tier
this proposal that it will include the clause titled "Certification is providing the certification set out below.
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions," provided by the b.The certification in this clause is a material representation of fact
department or contracting agency, entering into this covered upon which reliance was placed when this transaction was
transaction, without modification, in all lower tier covered entered into. If it is later determined that the prospective lower tier
transactions and in all solicitations for lower tier covered participant knowingly rendered an erroneous certification, in
transactions exceeding the$25,000 threshold. addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
h.A participant in a covered transaction may rely upon a certification may pursue available remedies, including suspension and/or
of a prospective participant in a lower tier covered transaction that debarment.
is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification c. The prospective lower tier participant shall provide immediate
is erroneous. A participant is responsible for ensuring that its written notice to the person to which this proposal is submitted if
principals are not suspended, debarred, or otherwise ineligible to at any time the prospective lower tier participant learns that its
participate in covered transactions. To verify the eligibility of its certification was erroneous by reason of changed circumstances.
principals, as well as the eligibility of any lower tier prospective
participants, each participant may, but is not required to, check d.The terms "covered transaction," "debarred," "suspended,"
the Excluded Parties List System website(htti)s://www.epls.gov/), "ineligible," "participant," "person," "principal," and "voluntarily
which is compiled by the General Services Administration. 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
i. Nothing contained in the foregoing shall be construed to require submitted for assistance in obtaining a copy of those regulations.
the establishment of a system of records in order to render in "First Tier Covered Transactions" refers to any covered
good faith the certification required by this clause.The knowledge transaction between a grantee or subgrantee of Federal funds
and information of the prospective participant is not required to and a participant(such as the prime or general contract). "Lower
exceed that which is normally possessed by a prudent person in Tier Covered Transactions" refers to any covered transaction
the ordinary course of business dealings. under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered
?4
into a covered transaction with a grantee or subgrantee of Federal a. No Federal appropriated funds have been paid or will be
funds (such as the prime or general contractor). "Lower Tier paid, by or on behalf of the undersigned, to any person for
Participant'refers any participant who has entered into a covered influencing or attempting to influence an officer or employee
transaction with a First Tier Participant or other Lower Tier of any Federal agency, a Member of Congress, an officer or
Participants(such as subcontractors and suppliers). employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
e.The prospective lower tier participant agrees by submitting this contract,the making of any Federal grant,the making of any
proposal that, should the proposed covered transaction be Federal loan, the entering into of any cooperative
entered into, it shall not knowingly enter into any lower tier agreement, and the extension, continuation, renewal,
covered transaction with a person who is debarred, suspended, amendment, or modification of any Federal contract, grant,
declared ineligible, or voluntarily excluded from participation in loan,or cooperative agreement.
this covered transaction, unless authorized by the department or
agency with which this transaction originated. b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
f. The prospective lower tier participant further agrees by submitting attempting to influence an officer or employee of any Federal
this proposal that it will include this clause titled "Certification agency, a Member of Congress, an officer or employee of
Regarding Debarment, Suspension, Ineligibility and Voluntary Congress, or an employee of a Member of Congress in
Exclusion-Lower Tier Covered Transaction,"without modification, connection with this Federal contract, grant, loan, or
in all lower tier covered transactions and in all solicitations for cooperative agreement, the undersigned shall complete and
lower tier covered transactions exceeding the$25,000 threshold. submit Standard Form-LLL, "Disclosure Form to Report
Lobbying,"in accordance with its instructions.
g A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that 2.This certification is a material representation of fact upon which
is not debarred, suspended, ineligible, or voluntarily excluded reliance was placed when this transaction was made or entered
from the covered transaction, unless it knows that the certification into. Submission of this certification is a prerequisite for making
is erroneous. A participant is responsible for ensuring that its or entering into this transaction imposed by 31 U.S.C. 1352. Any
principals are not suspended, debarred, or otherwise ineligible to person who fails to file the required certification shall be subject to
participate in covered transactions. To verify the eligibility of its a civil penalty of not less than $10,000 and not more than
principals, as well as the eligibility of any lower tier prospective $100,000 for each such failure.
participants, each participant may, but is not required to, check
the Excluded Parties List System website(httos://www,epls.govi), 3.The prospective participant also agrees by submitting its bid or
which is compiled by the General Services Administration. proposal that the participant shall require that the language of this
certification be included in all lower tier subcontracts, which
h.Nothing contained in the foregoing shall be construed to require exceed $100,000 and that all such recipients shall certify and
establishment of a system of records in order to render in good disclose accordingly.
faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph 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.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion—Lower Tier Participants:
1.The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts which exceed$100,000(49 CFR 20).
1.The prospective participant certifies, by signing and submitting
this bid or proposal,to the best of his or her knowledge and belief,
that:
'' 5
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 Non-SMSA(Standard Metropolitan Statistical Area)Counties:
CA Lassen; CA Modoc;CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA
175 Non-SMSA Counties: 6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties: 8.9
7120 Salinas-Seaside-Monterey, CA
CA Monterey 5.6
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 .1
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties: 3.2
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 Stanislaus
8120 Stockton, CA 243
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine. 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: 3.6
CA Kings;CA Madera; CA Tulare
� 6w
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.
27
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
28
■ Qualify the average apprentice or trainee for journeyman status in the classification
involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training,
and it is administered in a way consistent with the equal employment responsibilities of
Federal-aid highway construction contracts
Obtain the State's approval for your training program 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
29
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.
30
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 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" * * *
31
ATTACHMENT 3
3z
NOTICE OF EXEMPTION
.To: ❑ Office of Planning and Research From: City of Palm Springs
1400 Tenth Street, Room 121 3200 E.Tahquitz Canyon Way
Sacramento, CA 95814 Palm Springs, CA 92262
® Clerk of the Board
County of Riverside
P.O. Box 751
Riverside, CA 92502-0751
Project Title: 2017 ADA Curb Ramos and Library Sidewalk City Project No, 17-11
Project Applicant: City of Palm Springs
Project Location(Specific): Curb ramps on Ramon Road and Sunrise Way, and sidewalk at Palm Springs Libra
Project Location (City): City of Palm Springs Project Location(County): Riverside
Project Description:Curb ramp improvements on Ramon Road and Sunrise Way that include reconstruction and/or upgrade of
existing curb ramps to meet current ADA standards,and existing sidewalk's gap construction at the Palm Springs Library.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Our Project: City of Palm Springs, Engineering Services Department
3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262
Exempt Status:(check one)
❑ Ministerial(Sec.21080(b) (1); 15268);
❑ Declared Emergency(Sec.21080(b) (3); 15269(a));
❑ Emergency Project(Sec. 21080(b)(4); 15269 (b)(c));
® Categorical Exemption. State type and section number: 15301 Class 1(c)—Existing highways and streets,
sidewalks,gutters, bicycle and pedestrian trails, and similar facilities(this includes road grading for the purpose of
public safety).
❑ Statutory Exemptions.State code number:
Reasons why project is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
altemation of existing public or private structures, facilities, mechanical equipment,or topographical features, involving negligible
or no expansion of use beyond that existing at the time of the lead agency's determination. The type of"existing highways and
streets"to be considered exempt is determined by whether the project involves negligible or no expansion of an existing use,
and includes existing highways and streets, sidewalks,gutters,bicycle and pedestrian trails, and similar facilities. Therefore,the
2017 ADA Curb Ramps and Library Sidewalk project,City Project No. 17-11,is considered categorically exempt from CEQA.
Lead Agency Contact Person: Thomas Garcia, PE Area Code/Telephone/Extension: (760)323-8253 x 8339
If filed by applicant:
1.Attach certified document of exemption finding.
2.Has a Notice of Exemption been filed by the public agency approving the project? ❑Yes ❑No
r
Signature: Date: * a Title: Director En
er- ineering Services,
City Enginin eer
® Signed by Lead Agency❑Signed by Applicant F I L E D / P O S T E D
County of Riverside
Authority cited: Sections 21083 and 21110, Public Resources Code I Peter Aldaow�ty Clerk-Recorder
na
Reference: Sections 21108,21152,and 21152.1, Public Resources Code. Assessor-Co
10/13/2027 10:17 AM Fee: g 29
00
Page 1 of I
IlllYj '� � + i
liltY 33
ATTACHMENT 4
34
2017 —2018
FINAL
CDBG FUNDING SUMMARY
LEVELED FINAL i
APPLICANT ENTITLEMENT DECREASE$ FUNDING
ESTIMATE
DesertAIDS Project— 77,000. <5,124.> 71,876.
Emergency Preparedness Generator
Mizell Senior Center—
Energy-Saving Patio Enclosure 52,350. <3,483.> 48,867.
CPS Dept of Public Works&Engineering— 88 ggg <5,944. 83,039.
Citywide ADA Curb Ramp Improvements
CPS Dept of Public Works& Engineering— 34,000 <2,276. 31,724.
Main Libra Sidewalk Improvements
Fair Housing Council of Riverside— 42,637. <5,124.> 40,206.
Fair Housing Services
Senior Advocates of the Desert— 15,000. <5,124.> 14,141.
Seniors Emergency Assistance
CPS Dept of Community& Economic Development—
General Program.Administration/Citizen Participation 70,155. <5,029.> 65,126.
CPS Dept of Community& Economic Development— 7,337. 0 - 7,337.
Indirect Program Administration Costs
• •
DaWCD8G17-181FndngSumry Leveled&Final.Jul17
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ATTACHMENTS
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CITY OF PALM SPRINGS
City Project No 17-11 ADA Curb Ramps
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City Project No 17-11 ADA Curb Ramps
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