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DATE: July 6, 2016 NEW BUSINESS
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO MATICH CORPORATION,
A CALIFORNIA CORPORATION, IN THE AMOUNT OF $5,328,933;
APPROVE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED
$250,000 TO WILLDAN ENGINEERING FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES; AND APPROVE
AMENDMENT NO 1. TO A MEMORANDUM OF UNDERSTANDING
BETWEEN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND
THE CITY OF PALM SPRINGS FOR THE 2016 PAVEMENT
REHABILITATION PROJECT, CITY PROJECT NO 16-01
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
Award of this contract will allow the City to proceed with construction of the 2016
Pavement Rehabilitation Project, City Project No. 16-01, (the "Project'); approval of a
Purchase Order with Willdan Engineering will provide the City with construction
inspection and administration support services required for the Project; and approval of
Amendment No. 1 to a Memorandum of Understanding ("MOU") between the Agua
Caliente Band of Cahuilla Indians (the 'Tribe") and the City of Palm Springs which
extends the current MOU expiring on September 30, 2016, which provides matching
funding from the Tribal Transportation Program for construction costs of streets in
Section 14.
Award of this contract includes reconstruction and overlay of approximately 2,700,000
square feet of asphalt concrete pavement on 75 street segments in various locations
throughout the City. This represents repairs to approximately 5% of the City street
network.
RECOMMENDATION:
1. Waive any informality (non-responsiveness) and award a construction contract
(Agreement No. ) to Matich Corporation, a California corporation, in the amount
of $5,328,933 for Bid Schedules A through D, inclusive, for the 2016 Pavement
Rehabilitation Project, City Project No. 16-01;
ITEM NO.��
City Council Staff Report
July 6, 2016 -- Page 2
Award Construction Contract—CP16-01, 2016 Pavement Rehabilitation
2. Consider and provide direction regarding a list of additional streets to include with
the 2016 Pavement Rehabilitation Project, City Project 16-01, and authorize the City
Manager to approve a Construction Contract Change Order in an amount not to
exceed $1,000,000;
3. Authorize a Purchase Order to Willdan Engineering, pursuant to On-Call Agreement
No. 6688, in an amount not to exceed of$250,000 for construction management and
inspection services for the 2016 Pavement Rehabilitation Project, City Project No.
16-01;
4. Approve Amendment No. 1 to the Intergovernmental Memorandum of
Understanding By and Between the Agua Caliente Band of Cahuilla Indians and the
City of Palm Springs Regarding Tribal Transportation Program Funding for the
Section 14 Roadway Improvements Project; and
5. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
On May 20, 2015, the City Council awarded a construction contract to Granite
Construction Company in the amount of $9,814,520 which was significantly less than
the estimate leaving $2,500,000 budget available for additional streets. At that time, the
City Council reviewed and approved the list of additional streets, and authorized the City
Manager to approve a Construction Contract Change Order with Granite Construction
Company to include the additional streets as part of the project, in an amount not to
exceed $2,500,000. Staff was unable to reach a mutually agreeable total cost for the
additional streets with Granite Construction Company and, therefore, staff
recommended to City Council rescission of the City Council's prior approval to add the
additional streets by Change Order to City Project No. 15-01 , and authorize staff to re-
bid as a new public works project.
Staff also recommended that the City Council's action include an additional list of
streets as part of the new public works project, entitled the 2016 Pavement
Rehabilitation Project, City Project No. 16-01, (the "Project"). The additional list of
streets to be included as part of the Project continued the policy of including streets on
the basis of its Pavement Condition Index ("PCI"). A complete listing of streets
(incorporating streets that were previously approved by City Council to be added to City
Project No. 15-01 but not completed as part of that project) is included as Attachment
1.
On March 2, 2016, the City Council reviewed and approved the project specifications
and the list of streets, and authorized staff to advertise and solicit bids for the Project.
On April 16, and 23, 2016, the Project was advertised for bids, and at 3:00 p.m. on June
2, 2016, the Procurement and Contracting Division received three construction bids
02
City Council Staff Report
July 6, 2016-- Page 3
Award Construction Contract—CP16-01, 2016 Pavement Rehabilitation
from the following contractors:
Company Location Bid Amount
Matich Corporation San Bernardino, CA $5,328,933.00
All American Asphalt Corona, CA $5,616,568.50
Granite Construction Company Indio, CA $6,441,520.00
The Engineer's estimate for the Project as reported to the City Council on March 2,
2016, was $5,400,000; a full bid summary is included as Attachment 2.
The scope of work for the Project was segregated into four separate Bid Schedules,
described as follows:
Bid Schedule A: Grind and overlay of 11 major arterial roadways, and
pulverization/reconstruction of 60 various streets; and all associated work. The bid
amount for this work is $4,568,068
Bid Schedule B: Pulverization/reconstruction of 4 streets within Section 14 (including
the remaining section of Indian Canyon Drive — Tahquitz Canyon Way to Alejo Road,
and Avenida Caballeros — Tahquitz Canyon Way to Alejo Road); and all associated
work. The bid amount for this work is $558,490 — with 50% of this cost reimbursed by
the Tribe pursuant to the Section 14 MOU.
Bid Schedule C: Installation of Class III bicycle route "sharrow" markings and signage
along Palm Canyon Drive and Indian Canyon Drive between Alejo Road and Ramon
Road. The bid amount for this work is $88,000.
Bid Schedule D: Reconstruction of Tahquitz Canyon Way / Belardo Road intersection
with decorative street pavers and associated improvements consistent with the
Downtown Palm Springs Project. Reconstruction of Tahquitz Canyon Way between
Museum Drive and Palm Canyon Drive is part of the scope of work included on Bid
Schedule A. Decorative street improvements in this intersection were not included as
part of the public improvements financed by the City's Project Financing Agreement with
Palm Springs Promenade, LLC; these decorative street improvements were included as
part of this Project to take advantage of the timing of the City's reconstruction of
Tahquitz Canyon Way, to bring an economy of scale to the cost of the decorative street
improvements, and to provide the opportunity for the City to complete these decorative
improvements to complement the Downtown Palm Springs Project. The bid amount for
this work is $114,375.
Staff recommends that the contract award include all the Bid Schedules.
03
City Council Staff Report
July 6, 2016 -- Page 4
Award Construction Contract—CP16-01, 2016 Pavement Rehabilitation
Bid Analysis
As part of the City's normal bid review process, staff reviewed all the bid documents
submitted by the apparent low bidder, Matich Corporation to ensure compliance with the
Instructions to Bidders, as well as compliance with certain federal requirements,
including Disadvantaged Business Enterprise (DBE) commitments. After careful review,
staff determined that the bid documents submitted by the first low bidder, Matich
Corporation, was compliant with the DBE requirements as stipulated by federal
regulations. Furthermore, Matich Corporation included a commitment to meet the DBE
contract goal of 4.3%, using LMS Transport at 4.56%. Federal rules stipulate that if the
DBE goal is met, then a good faith effort is not required. The City imposes an extra
added measure requiring the submittal of a good faith effort in order to protect the
eligibility for award of the contract in the event the City finds that the DBE goal has not
been met. Staff also determined that Matich Corporation identified sufficient good faith
efforts to solicit DBE certified firms for the Project by sending requests for bids directly
to fifty-six (56) DBE certified subcontractors. The two DBE firms that submitted
proposals were listed by the contractor and only one was selected, whereas the other
DBE firm, C.T.I., was rejected because their prices were higher than a non-DBE firm's
proposal for the same type of work. Although only one DBE firm was selected, Matich
Corporation exceeded the contract goal requirement of 4.3%.
On all advertisements for bids, the City issues a disclosure under Section N-3 "Award of
Contract," in its Notice Inviting Bids declaring that:
The City reserves the right after opening bids to reject any or all bids, to waive any
informality (non-responsiveness) in a bid, or to make award to the lowest responsive,
responsive bidder, and reject all other bids, as it may best serve the interest of the City.
As a California charter city, pursuant to relevant state and case law, the City Council
retains general authority to award contracts in the best interests of the City. Therefore,
staff recommends award to the lowest bid submitted by Matich Corporation, and
determine that Matich Corporation of San Bernardino, California, submitted the lowest
responsive bid.
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 Matich Corporation, and the listed subcontractors, are registered with the DIR, and
are appropriately licensed.
04
City Council Staff Report
July 6, 2016-- Page 5
Award Construction Contract—CP16-01, 2016 Pavement Rehabilitation
Matich Corporation, of San Bernardino, 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 Matich Corporation, for
the 2016 Pavement Rehabilitation project is included as Attachment 3.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley; submission of a good
faith efforts is required. However, Section 7.09.030 does not apply to projects that
receive state or federal funding which preclude the application of local preferences.
Alternatives for Additional Streets of$1.0 Million from 201612017 FY budget
On June 15, 2016, the City Council considered and approved appropriations for the
Measure J Capital Project Fund for the 2016/2017 Fiscal Year budget. Included in these
appropriations was an additional $1 Million from the Measure J Fund for street
improvements. Staff recommends that the City Council authorize the City Manager to
include additional streets to the scope of the Project representing the increased budget
of $1 Million appropriated by the City Council from the Measure J Fund. However, staff
requests direction on the selection of new streets based on the following alternatives:
1. Allocate $1,000,000 for additional streets based on PCI value. Using this approach
would include all remaining streets with a PCI value of 46 (as identified in Table 1);
Additional Streets Option 1 — PCI Value Only
Nam From T. Noi hburi—d Lan b W id h Trua Ana PCI Ac Ana Eat,Con
30N ROAD WIS CALLE ROLPH Ely SAGEBRUSH ROAD De 11EsIne 225 33 7,425 46 7,425 $ 15,221.25
AVENIDA HOKONA EIS VIASALIDA WIS CALL PALO FI ERRO TaRWh Rrer E4Io. 539 33 17,787 46 25,212 $ 36,463.35
AVENIDA PALNERA WI6CALLE PALO FIERRO ES VIA SALIDA Ta9ui¢Rv E.W- 539 M 17,787 46 42,9E9 S 36,463.35
CALLE SAN ANTONO WIS CALLE PAUL ES CALLE SAWA CRUZ D. Park 467 33 15,411 46 58410 $ 31,592.55
NAVAJODRVE SIS TWIN PALMS DRIVE NS LA VERfE WAY TMn Pats 2021 25 M.525 46 108,935 $ 103,576,25
SONORA ROAD WIS EL CIELO ROAD US FARRELL DRIVE Loa Oo ,d,. 2,595 M 93,420 46 202.355 S 191,511,00
CAMINOCENTRO NS CAMINO SUR NS S VIA lAS PALMAS Old Laa Pdl . 580 31 18,228 46 220.583 S 37,36I.40
VISTA CHIN) WIS VIA NORTE EIS VIA MONTE VISTA V,..Las Palmas 945 29 25.605 46 246,168 S 52.490.25
SONDRA ROAD WIS CERMTOS ROAD EIS SUNRISE WAY S.—S-- 1,900 36 46,800 46 292,988 $ 951940.00
DESBYRDAD NS ANDRUS ROAD SIS TERRY IAN3 Sunrise Perk 656 25 16,400 46 309,388 $ 33,620.00
MICHELLE ROAD NIS ANJfEAS ROAD SIS TERRY LAFE Sunlee PaA 659 25 18)29 46 328,117 $ 30,394A5
PANORAMA ROAD SIS CHINO CANYON ROAD-E EN CHINO CANYON ROAD-NW END UnassignW 2,300 17 40,460 46 368,517 $ 82,943.00
RAMON ROAD FRONTAGE IN US COM1PADRE ROAD NS RAMON ROAD Wweigrre] 657 30 19.210 46 306,207 $ 40.405.50
ARENAS ROAD EIS BEIARDO ROAD WIS PALM CANYON DRIVE U�Agn 282 36 10,152 46 396,439 $ 20,811.60
WESTPALMCANYMDRIVE SISSPALMCANYONDRVE SIS E PALM CANYON ORVE Wweigred 524 W 324W 46 430,875 $ 66,493.80
$ 893,293.75
Table 1
OR
2. Allocate $1 ,000,000 for additional streets based on street classification (prioritizing
based on classification and secondarily by PCI value). Using this approach would
include all remaining arterial streets with a PCI value of up to 62 (as identified in
Table 2).
05
City Council Staff Report
July 6, 2016 -- Page 6
Award Construction Contract—CP16-01, 2016 Pavement Rehabilitation
Additional Streets Option 2 — Street Classification/PCI Value
Nan. Fram To Nm,hb.,h.d LanOtFWI@h True Arw PCI A--Arw Ee.Curt
GUNN✓01JES ROAD ES S PALM GANVQV ORIVE WIS CALLE PALO FIERRO Warm Sands 970 W 48JW 51 48,700 $ 121,1WW
LAVER WAY &S S PALM CANVCN DRIVE WIS CAMW REAL unmsgne 24 W 149,808 58 mg8 $ 3I4,520.00
SUNRISE WAY WS E PALM C WN DRIVE SIS BRIDGE Sor aSumia 3,202 66 211.332 60 G9,80u $ 528,33W
$ 1,024,6WA0
Table 2
Construction Management and Inspection Services
On April 1, 2015, the City Council approved agreements for on-call Public Works capital
project construction management and inspection services with Dudek & Associates,
Interwest Consulting Group, Inc., and Willdan Engineering to provide first class as-
needed construction management and inspection ("Owner's Rep") services associated
with a variety of future Public Works capital projects. Accordingly, staff had solicited
proposals from these on-call firms for required construction phase services associated
with past rehabilitation projects. On the basis of scope and fee, Willdan had been
awarded projects of a similar nature. Based on their services with recent and on-going
projects of a similar nature staff recommends the City Council authorize the issuance of
a Purchase Order with Willdan Engineering in an amount not to exceed of $250,000 to
approve the proposal of $165,870 submitted by Willdan Engineering with additional
budget authority to accommodate the increase in scope with the additional streets. A
copy of the proposal for construction phase services provided by Willdan Engineering is
included as Attachment 4.
Amendment No. 1 to MOU with the Agua Caliente Band of Cahuilla Indians
On May 7, 2014, City Council adopted a resolution entering into a Memorandum of
Understanding ("MOU") with the Tribe contributing a funding match of $1.8 Million for
roadway work in Section 14. Per the MOU, the Tribe contributes 50% of matching
funds for any roadway work that is performed in Section 14 including any boundary
streets (i.e. Alejo Road, Indian Canyon Drive, Ramon Road, or Sunrise Way). The
Tribe has also contributed 50% to the costs for the rehabilitation of Tahquitz Canyon
Way from Indian Canyon Drive to Sunrise Way, and 100% of the cost to install the new
landscaping within the Tahquitz Canyon Way median between Indian Canyon Drive and
Sunrise Way. There is a remaining balance of approximately $402,338 that will be
utilized for the Project, however, the MOU expires on September 30, 2016. Approval of
Amendment No. 1 to the MOU will extend the deadline of the MOU to September 30,
2017, allowing the City to utilize these remaining funds from the Tribe for the Project; a
copy of Amendment No. 1 to the MOU is included as Attachment 5.
06
City Council Staff Report
July 6, 2016 -- Page 7
Award Construction Contract—CP16-01, 2016 Pavement Rehabilitation
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing 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
has determined that the 2016 Pavement Rehabilitation Project, City Project No. 16-01,
which is an extension of the 2015 Pavement Rehabilitation Project, City Project No. 15-
01, is considered categorically exempt from CEQA. A Notice of Exemption has been
prepared and filed with the Riverside County Clerk for City Project 15-01. A copy of the
Notice of Exemption is included as Attachment 6.
FISCAL IMPACT:
On May 7, 2014, the City Council approved a Memorandum of Understanding with the
Agua Caliente Band of Cahuilla Indians, (the "Tribe'), for use of $1,800,000 of Tribal
Transportation Program ("TTP") funds for roadway projects located in Section 14, (the
"Section 14 MOU"). The Section 14 MOU provides that the Tribe will commit up to
$1,800,000 of its TPP funds at a 1:1 match with City funds for roadway projects
completed within Section 14; there is currently $402,338 of remaining TTP funds
available for reconstruction of additional streets within Section 14, provided the City
commits an equivalent amount of funding from its own sources.
The City Council has approved the 2016/2017 Fiscal Year budget that includes the
following budget for street improvements:
• Measure J Capital Project Fund (Fund 260); $3,000,000
• Gas Tax Fund (Fund 133); $500,000
Local Measure A Fund (Fund 134); $500,000
Additionally, the City has realized approximately $900,000 in savings from the
completion of work performed by Granite Construction Company related to City Project
No. 15-01; these funds have been returned to the Measure J Capital Project Fund and
are being carried forward for use on the Project. The Project's overall budget and
available funding is identified in Table 3:
07
City Council Staff Report
July 6, 2016 -- Page 8
Award Construction Contract—CP16-01, 2016 Pavement Rehabilitation
Table of Project Costs Amount
Local Measure A Fund $627,546
Measure J Capital Project Fund FY15/16 $2,699,774
Measure J Capital Project Fund FY16/17 $3,000,000
Tribal TPP Funds $402,338
Project Administration Estimated $10,000
Construction Engineering & Inspection $250,000)
Construction Contract $5,328,933
Construction Change Order $1 ,000,000
Remaining Balance $140,725
Table 3
Funds to encumber for award of the construction contract in the amount of $5,328,933
with Matich Corporation are available from the following accounts:
• Measure J Account No. 260-4500-50809: $2,699,774
• Measure J Account No. 260-4493-50810: $2,349,914
• Capital Project Account No. 261-4491-50324: $279,245
Funds to encumber for approval of a Purchase Order with Willdan Engineering to
provide construction management and inspection services in the amount of $250,000
are available from the following account:
• Local Measure A Account No. 134-4498-50225: $250,000
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq.,
Assistant City Manager/City Engineer City Manager
Attachments:
1 . Listing of Approved Streets
2. Bid Summary
3. Construction Contract
4. Willdan Proposal
5. Amendment No. 1 to MOU with Tribe
6. CEQA Notice of Exemption
08
ATTACHMENT 1
09
Name From To Neighborhood Length Width Area PCI
MAJOR AND ARTERIAL 2" GRIND AND OVERLAY
VISTA CHINO EIS GENE AUTRY TRAIL 1550' E/O GENE AUTRY TRAIL Unassigned 1,550 80 124,000 39
DILLON ROAD W/S DIABLO ROAD W END (CITY LIMITS) Unassigned 1,000 19 19,000 45
MESQUITE AVENUE E/S CERRITOS ROAD W/S FARRELL DRIVE Sonora Sunrise 1,707 60 102,420 46
MESQUITE AVENUE E/S FARRELL DRIVE W/S COMPADRE ROAD Unassigned 855 60 51,300 49
E PALM CANYON DRIVE E/S SUNRISE WAY W/S SMOKETREE LN/CERRIT(Sonora Sunrise 1,280 86 110,080 51
SOUTH PALM CANYON DRIVE LA CONDESA DRIVE NIS MURRAY CANYON RD Canyon Corridor 1,093 60 65,580 51
SOUTH PALM CANYON DRIVE NIS AVENIDA GRANADA LA CONDESA DRIVE Canyon Corridor 1,305 60 78,300 53
SOUTH PALM CANYON DRIVE NIS MURRAY CANYON RD CL CHERYL CREEK BRIDGE Unassigned 834 60 50,040 55
INDIAN CANYON DRIVE NIS TAHQUITZ CANYON WAY S/S ALEJO ROAD Midtown 2,541 60 152,460 69
MESQUITE AVENUE EIS SUNRISE WAY W/S CERRITOS ROAD Sonora Sunrise 1,275 60 76,500 70
RIM ROAD S. BISNAGA AVE. SOUTH RIDGE ROAD Araby Cove 2,100 13 27,300 45
Total Area: 856,980
Local and Arterial Streets - Pulverize and Pave
LINDEN WAY NIS MATTHEW DRIVE S/S EAST PALM CANYON DR. Unassigned 666 39 25,974 32
TAHQUITZ CANYON WAY MUSEUM DRIVE W END Historic Tennis Club 515 18 9,270 35
ORANGE AVENUE S/S SUNNY DUNES ROAD S END Demuth Park 238 22 5,236 36
WAWONA ROAD NIS STEVENS ROAD S/S VISTA CHINO Vista Las Palmas 618 32 19,776 40
CAMINO ALTURAS W/S MESA DRIVE W END The Mesa 952 22 20,944 41
CAMINO BARRANCA S/S CAMINO DESCANSO SEND The Mesa 492 20 9,840 41
CALIFORNIA AVENUE S/S SUNNY DUNES ROAD S END Demuth Park 240 22 5,280 41
EASTGATE ROAD S/S GATEWAY DRIVE S END (CDS Desert Highland 321 32 10,272 41
CALIENTE ROAD NIS LAVERNE WAY S/S LA JOLLA ROAD Twin Palms 624 25 15,600 41
ALTA LOMA DRIVE E/S COMPADRE ROAD W/S BEVERLY DRIVE Los Compadres 630 32 20,160 41
VIA COLUSA W/S HERMOSA DRIVE E/S ARQUILLA ROAD Movie Colony East 615 36 22,140 41
VERADA NORTE E/S CAMINO MIRASOL W/S PALM CANYON DRIVE Old Las Palmas 2,019 24 48,456 41
*ARENAS ROAD W/S TAHQUITZ DRIVE W/S CAHUILLA ROAD Historic Tennis Club 1,311 36 47,196 41
* CERRITOS ROAD S/S MESQUITE AVENUE S/S SONORA ROAD Sonora Sunrise 1,286 36 46,296 41
MONTEREY ROAD S/S TAMARISK ROAD NIS ALEJO ROAD Unassigned 1,284 33 42,372 41
BELDING DRIVE W/S SUNSET WAY E/S CERRITOS DRIVE Sunrise Park 624 32 19,968 41
GIRASOL AVENUE S/S VIA OLIVERA NIS VIA ESCUELA Chino Canyon 795 30 23,850 42
PALM AVENUE S/S SUNNY DUNES ROAD S END Demuth Park 240 23 5,520 42
PATENCIO ROAD S/S BARISTO ROAD S/S LINDA VISTA DRIVE Historic Tennis Club 1,078 34 36,652 42
CAMINO NORTE E/S VIA MONTE VISTA NIS VEREDA NORTE Old Las Palmas 2,170 31 67,270 42
CAMINO MIRASOL S/S CAMINO NORTE NIS VIA LAS PALMAS Old Las Palmas 737 23 16,951 42
CERRITOS DRIVE NIS ANDREAS ROAD - W END NIS ANDREAS ROAD - E END Sunrise Park 1,649 36 59,364 42
* MESQUITE AVENUE EIS EL CIELO ROAD W/S MOUNTAIN VIEW DRIVE Demuth Park 1,000 60 60,000 42
* SATURMINO ROAD S/S TAHQUITZ CANYON WAY NIS BARISTO ROAD Sunrise Park 1,241 34 42,194 42
* SUNNY DUNES ROAD E/S EL CIELO ROAD W/S DESERT WAY Demuth Park 745 31 23,095 42
* SUNNY DUNES ROAD E/S CALLE SANTA CRUZ W/S VELLA ROAD Demuth Park 632 36 22,752 42
AVENIDA EVELITA S/S RAMON ROAD NIS SUNNY DUNES ROAD Demuth Park 1,275 33 42,075 42
CALLE AMIGOS S/S RAMON ROAD NIS SUNNY DUNES ROAD Warm Sands 1,270 32 40,640 42
OCOTILLO AVENUE W/S SAGEBRUSH ROAD EIS PASEO DE MARCIA Deepwell Estates 233 25 5,825 43
PASEO CAROLETA S/S CALLE SAN RAPHAEL W/S CALLE SANTA CRUZ Demuth Park 848 3 2,544 43
BAHADA ROAD S/S JOYCE DRIVE NIS FRANCIS DRIVE Desert Park Estates 1,137 33 37,521 43
MONTE VISTA DRIVE W/S CAHUILLA ROAD S/S PABLO DRIVE Historic Tennis Club 1,092 21 22,932 43
CAMINO CENTRO NIS VEREDA NORTE S/S CAMINO NORTE Old Las Palmas 270 26 7,020 43
ROCK CIRCLE NIS ALEXANDER WAY N END (CDS) Racquet Club Estates 144 33 4,752 43
ACE CIRCLE NIS ALEXANDER WAY N END (CDS) Racquet Club Estates 144 33 4,752 43
TRAIL CIRCLE NIS ALEXANDER WAY N END (CDS) Racquet Club Estates 144 33 4,752 43
VIRGINIA ROAD 345' S/O SAN RAFAEL ROAD NIS SANTA CATALINA ROAD Racquet Club West 195 18 3,510 43
SAN CARLOS ROAD E/S ZANJERO ROAD W/S INDIAN CANYON DRIVE Racquet Club West 1,058 36 38,088 43
BELDING DRIVE W/S CERRITOS DRIVE E/S SATURMINO DRIVE Sunrise Park 821 32 26,272 43
BELARDO ROAD S/S ALEJO ROAD E/S MUSEUM DRIVE Unassigned 2,191 54 118,314 43
CALLE PAUL NIS PASEO CAROLETA S/S CALLE SAN ANTONIO Unassigned 825 33 27,225 43
VIA LAS PALMAS S/S VIA LAS PALMAS - NIS 208'W PALM CANYON DRIVE Old Las Palmas 1,371 30 41,130 43
* VISTA CHINO W/S PALM CANYON DRIVE E/S KAWEAH ROAD Vista Las Palmas 592 46 27,232 43
EL PORTAL W/S MESA DRIVE W END The Mesa 1,386 25 34,650 44
VIA SOLEDAD S/S SONORA ROAD NIS AVENIDA OLANCHA Taquitz River Estates 625 32 20,000 44
* MUSEUM DRIVE S/S BELARDO ROAD NIS TAHQUITZ CANYON WAY Unassigned 780 44 34,320 44
* CAMINO REAL NIS NORTH RIVERSIDE S/S SUNNY DUNES ROAD Taquitz River Estates 490 48 23,520 44
VIA LAS PALMAS 208' W OF PALM CANYON DRIVE VIA LAS PALMAS - NIS Old Las Palmas 1,371 30 41,130 44
RIM ROAD NIS BISNAGA AVENUE W/S SOUTHRIDGE ROAD Araby Cove 2,100 13 27,300 45
CRESTVIEW WAY S/S RIDGE ROAD S END The Mesa 283 20 5,660 45
CALLE DE MARIA NIS DEEP WELL ROAD S/S MESQUITE AVENUE Deepwell Estates 1,822 25 45,550 45
EUGENE ROAD S/S SUNNY DUNES ROAD NIS CALLE SAN RAPHAEL Demuth Park 597 46 27,462 45
SAN MATEO DRIVE S/S SONORA ROAD S END (CDS) Los Compadres 670 33 22,110 45
LINDA VISTA ROAD S/S PASEO EL MIRADOR E/S PASATIEMPO ROAD Movie Colony East 904 33 29,832 45
JACQUES DRIVE NIS VIA ESCUELA N END (CDS) Racquet Club Estates 410 33 13,530 45
*VIA MIRALESTE S/S RACQUET CLUB ROAD NIS VIA ESCUELA Racquet Club Estates 1,300 36 46,800 45
TERRY LANE E/S MICHELLE ROAD W/S SUNSET WAY Sunrise Park 546 25 13,650 45
LURING DRIVE S/S ANDREAS ROAD NIS TAHQUITZ CANYON ROA[Sunrise Park 517 36 18,612 45
VIA VADERA W/S ROSE AVENUE W END Vista Las Palmas 470 33 15,510 53
*CAMINO REAL S/S MESQUITE AVENUE NIS CALLE PALO FIERRO Taquitz River Estates 724 58 41,992 63
*TAHQUITZ CANYON WAY W/S PALM CANYON DR. MUSEUM DR. Tennis Club 762 47 35,814 42
* INDICATES COLLECTOR STREET-AC PAVING 3" -ALL OTHERS AC PAVING 2.5" Total Area: 1,678,454
SECTION 14 Streets - Pulverize and Pave 3"
* SATURNINO ROAD W/S CALLE ENCILIA E/S INDIAN CANYON DRIVE Unassigned 491 18 8,838 60
* HERMOSA DRIVE S/S AMADO ROAD NIS TAHQUITZ CANYON WAY Midtown 1,241 19 23,579 65
*AMADO ROAD E/S CALLE ALVARADO W/S AVENIDA CABALLEROS Midtown 716 60 42,960 66
*AVENIDA CABALLEROS NIS TAHQUITZ CANYON WAY S/S ALEJO ROAD Midtown 2,580 60 154,800 72
Total Area: 230,177
r
ATTACHMENT 2
12
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2016 PAVEMENT REHABILITATION
CITY PROJECT 18A1
BID SUMMARY Bid Opening:June 2,2016
BID SCHEDULE A(REVISED) MATICH CORPORATION ALL AMERICAN ASPHALT GRANITE CONSTRUCTION Minimum Averag Unit Maximum Unit Low Bidder
QUANT. UNIT Unit
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL Price Price Price Un.Price
1 Mcoilizetion 1 LS 81 75,433.00 $175,433.00 $200,000.00 $200,OOO.O0 $225,000.00 $225,OOO.00 $175,433.00 $200,144.33 $225,OOO.OD $175,43300
2 Temporary Traffic Control 1 LS $250,000.00 $250,000.00 $42,00000 $42,000 OD $140.000.00 $140,000,00 $42,000.00 $144,000.00 $250,000,00 $250,000,00
3 Water Pollution Control 1 LS $10.000.00 $10,000.00 $4,000.00 $4,000.00 $500.00 $500.00 $500.00 $4,833.33 $10.000,00 $10,000.00
4 Roadway Pulverization(Deptl 1,700,000 SF $0.17 $289,00000 $0.07 $119.000.00 $0.18 $306,000,00 $0.07 $0.14 $0.18 $0.17
5(F) Unclassified Excavation(Exporl) 15.400 CY $21.DD $323,400.00 $38.35 $590.59000 $1400 $215,600,00 $14,00 $24.45 $38.35 $21.00
6 Pulverized Base Material(Depth=6") 1,700,000 SF $0,11 $197,000.00 $0.09 $153.00000 $0.17 $289,000,00 $009 $0,12 $0.17 $0.11
7 2"Cold Mill AC Pavement 86gOD0 SF $0.32 $275,200.00 $0.12 $103,20000 $0.18 $154,800.00 $0.12 $0.21 $0.32 $0.32
8 2"Asphalt Concrete Overlay Type C2 10,500 TON 1 $58.50 $614,250.DD $71.45 $750.225.00 $100.00 $1,OSQODO.00 $58.50 $76.65 $1 DO.00 $58.50
9 Asphalt Concrete Type C2(Depth=259') 19,650 TON $55.50 $1,090,575.00 $72AD $1,416,765.00 $81 00 $1,591,650,00 $55.50 $69.53 $81.00 $55.50
1D Asphalt Concrete Type C2(Depth=3") B,30D TON $55.20 $458,160.00 $7225 $599.67500 $8100 $672,300.00 $5520 $69.48 $81.00 $55.20
11 Remove and Reconstruct Existing Curb 420 CY $515.OD $216,300.D0 $657.00 $275.94000 $670,00 $281 400.00 $515 00 $61400 $670,00 $515.110
Ramps
12 Modify Existing Curb Ramp(Fumish and f40 SF $90.00 $48,600.00 $5540 $29.91600 $105,00 $56,700,00 $5540 $8347 $10500 $90.00
Install Truncated Domes
13 Adjust Sewer Manhole to Grade 200 EA $813.00 $162,600.00 $49200 $98,40000 $795,00 $159,000,00 $49200 $70000 $813.00 $813.D0
14 Adjust Water Valve to Grade 200 EA $691 $138,000.00 $49200 $98.40000 $675,00 $135,000,00 $49200 $619.00 $69000 $690.D0
15 Install Type E Loop Detector 55 EA $310,00 $17,050.00 $305.00 $16.775.00 $300.00 $16,500,00 $300 00 $305.D0 $310.00 $310.00
16 Traffic Striping,Signage B Markings 1 LS $87,500.00 $87,500.00 $108,000.00 $108.000.00 $88,86500 $88,865,00 $87,500,00 $94788331 $108,000.00 $87,500.00
17 Field Orders 1 LS $225,000.00 $225,01 $225,000.00 $225.00000 $225,000,00 $225,000,00 $225.000.01 $225,000,001 $225.000.00 $225,---00
TOTAL A= $4,568,068.00 TOTAL A= $4,830,886.00 TOTAL A e $5,607,315.00
81D SCHEDULE 8(REVISED) MATICH CORPORATION ALL AMERICAN ASPHALT GRANITE CONSTRUCTION Minimum Averag Unit Maximum Unit Low Bidder
QUANT. UNIT Unit
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL Price Price Price Un.Price
1 Mobilization 1 LS $38,300.00 $38,300.00 $28.000.00 $28,00000 $18.000.D0 $18,000.00 $18.000,00 $28,10000 $38,300.00 $38,300.00
2 Temporary Traffic Control 1 LS $27,900,00 $27.900.00 $12.80000 $12.800.00 $22,600.00 $22,600.00 $12,800.01) $21,100.00 $27,90000 $27,900.00
3 Water Pollu0on Control 1 LS $1.701 $1,700.00 $1,500.00 $1,500.00 $500.00 $500,00 $500.00 $1,233.33 $170000 $1,700.DD
4 Roadway Pulverization(Depth=9") 240000 SF $0,18 $43,200.DD $0.07 $16.800.00 $0.18 $43,20000 $007 $0.14 $0.18 $0.18
5.(F) Unclassified Excavation(Export) 2.200 CY $21.00 $46,200.00 $3900 $85,80000 $14.D0 $30,800.00 $1400 $24.67 $39.00 $21.00
6 Pulverized Base Material(Depth-6") 240,000 SF $0.11 $26,400.00 $0.09 $21,60000 $0.17 $40,800.06 $009 $0,12 $0,17 $0.11
7 Asphalt Concrete Type C2(Oeptli=3") 4.400 TON $56.00 $246,400.00 $73.50 $323,400 00 $81.00 $356,400.00 lim 00 $70.17 $81.00 $56.00
e Remove and Reconstruct Existing Curb 60 CY $540,00 $32,400.00 $896.DO $53,76000 $670.00 $40,200.00 $54000 171 $896.00 $540.00
Rarrods
9 Modify Existing Curb Ramp(Fumish and 200 SF $106.00 $21,200.00 $53.50 $1070000 $105,00 $21,00000 $53.50 $88A7 $106.00 $106.00
Install Truncated Domes
10 Adjust Sewer Manhole to Grade 10 EA $813.00 $8,130.00 $492.00 $4,920.00 $795.00 $7,950.00 549200 $700.00 $813.00 $813.00
11 Adjust Water Valve to Grade 40 EA $690,00 $27.600,00 $492.00 $19.69000 $675.01) $27,DOD.00 $49200 $619.00 $690,00 $690.00
12 Install Type E Loop Detector 6 EA $310,00 $1,860.00 $305.00 $1,830,00 $300.00 $1,Boom $30000 $305.00 $310.00 $310.00
13 Traffic Striping and Markings 1 LS $7.200.00 $7,200.00 $31.000.00 $31,000.00 $15,00000 $15,001 $7.200.00 $17733.33 $31,000 00 $7,20D.00
14 Field Orders 1 LS $30000.00 1 $30,000.00 $3Q000O0 $3400000 $30,000.00 $30,000.00 $30.000,00 $30,OOD.00 $30,000.00 $30.00000
TOTAL B= $558,49U.D0 TOTAL B= $641,790.00 TOTAL B= $655,250.00
BID SCHEDULE C QUANT. UNIT MATICH CORPORATION ALL AMERICAN ASPHALT GRANITE CONSTRUCTION Minimum
Unit Averag Unit Maximum Unit Low Bidder
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL Price Price Price Un.Price
The Work comprises the installation of
bicycle lane markings and signage on
Palm Canyon Drive,Indian Canyon Drive
and All Road as identified on the Indian
Canyon Dr.8 Palm Canyon Dr.Class 3
Bicycle Loop plan. The Work shall
1 include,but not be limited to: furnishing 1 LS $86,000.00 $88.000.00 $28.01 $28.000.00 $87,000.00 $87,000.00 $28.000.00 $67,666,67 $88.000,00 $88,00000
and installing thermoplastic shared lane
markings'Sharrows'with green
background,bike route signs and posts
(R4-11),thermoplastic bike lane markings,
bike box with green background,and all
other appurtenant work as indicated in the
TOTAL C= $88,00D.110 TOTAL C= $28,00000 TOTAL C=I $87,000.00
BID SCHEDULED QUANT. UNIT MATICH CORPORATION ALL AMERICAN ASPHALT GRANITE CONSTRUCTION Minimum
Unit Averag Unit Maximum Unit Low Bidder
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL Price Price Price Un.Price
1 Mobilization 1 LS $16,000.00 $16,00D.00 $8,200.00 $8.20000 $4.500.00 $4,500.00 $4,500.00 $9,566117 $16,000.00 $16,001
2 Temporary Traffic Control 1 LS $5,000,00 $5,000,00 $2,575.DO $2,575.00 $5,00000 $5,000.00 $2,575,00 $4.191.67 $5,000,00 55,00000
3 Construct Curb Ramp Per Detail 28,Davis 2 EA $1,700.00 $3,400.00 $2,560.00 $5,120.00 $2,00000 $4,000,00 $1,700.00 $2.086,67 $2,560.00 $1,70000
Colars,'Dark Grey"
Install Delectable Warning Tiles-3 Feel
4 Deep- Wausau Pavers ADA-2,12"xl2", 130 SF $25.00 $3,25000 $6575 $8,547,50 $55.00 $7.150.00 $25.00 $48.58 $6575 $25.00
Color A60
5 Saw-cut and Remove Existing PCC Curb 120 LF $12.00 $1,44000 $11,15 $1.338,00 $18.00 $2.160.00 $11.15 $1372 $18,00 $12.00
and Gutter
6 Saw-Cut and Remove Existing PCC 300 SF 54.50 $1 T350.001 $1.65 $495.01) $8.00 $2.400.00 $1.65 5472 $8,00 $4,50
Sidewalk
Construct 6"Curb and Gutter Per CPS
7 Std.Dwg.No.200,Davis Colors,"Dark 140 LF $24.00 $3,360 00 $36.00 $5,040.00 $45.00 $6.300.00 $24.00 $3500 $45.00 $24,00
Grey"
Construct Concrete Pavers,Moduline
6x12x80mm,"Graphite Foundry Linen'
6 Standard Finish 45 deg.Herringbone 1.950 SF $19.00 $37,050.00 $23.20 $45,240.00 $1300 $25,350.00 $13.00 $18 40 $23.20 $19.00
Pattern over 1"Bedding Sand,with
Geotextile Fabric,over 6"Aggregate
Base,per details Sheet 15
Construct Concrete Pavers,Moduline
6x12x80mm'Foundry"Standard Finish
9 running Bond Pattern Perp.To Path of 1,1D0 SF $22.00 $24,2D0.00 $24.00 $26,400,00 $13,00 $14.300.00 $13.00 $19.67 $24.00 $22.00
Travel over 1'Bedding Sand,with
Geotextile Fabric.over 6"Aggregate
Base,per details Sheet 15
Adjust Sewer Manhole to Grade,Per CPS
10 S1d,Dwg.No.402,Davis Colors,'Dark 1 EA $825,00 $825.00 $492.00 $492.00 $795.00 $795.01) $492 00 $704.00 $825.00 $825.00
Gr "
11 Construct 4'PCC Sidewalk Per CPS Std 500 SF $13,00 $6.500.00 $6.60 $3,30D.00 $10.00 $5,000.00 $660 $9,87 $13.00 $13.O0
DiD No.200,Davis Colors,"Dark Grey'
Construct Reinforced 18'Wide x 16'Deep
12 Reinforced Concrete Sand over 4" 250 LF $48.00 $12,D00.00 $36,58 $9,145.00 $60.00 $15,000.00 $36.58 $48.19 $61 $48,00
Aggregate Base,Davis Colors,'Dark
Grey',per Detail C,Sheet 15
TOTAL O= E714,375.00 TOTAL D= $115,892.50 TOTAL 0= $91,955.00
TOTAL A+S+C+D= $5,328,933.00 $5,616,568.50 $6,441,520.00
1 2 3
Ir.e
A
ATTACHMENT 3
15
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 20_, 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 Matich
Corporation, a California Corporation, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City,
Contractor agrees to furnish all materials and perform all work required to complete the Work as
specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for
the Project entitled:
2016 PAVEMENT REHABILITATION
CITY PROJECT NO. 16-01
The Work comprises reconstruction and overlay of approximately 2,700,000 square feet of 75
street segments in various locations throughout the City of Palm Springs including: surveying and
monument control (comer records), and recording, preservation and resetting of existing survey
monuments; pulverization of existing asphalt concrete pavement; unclassified excavation
(export); preparation of subgrade; asphalt concrete paving; adjustment of sewer manholes and
water valves to grade; removal and replacement of concrete curb ramps; installation of truncated
domes; traffic striping, signage and markings; replacement of inductive loop vehicle detectors;
and all other appurtenant work.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the
Notice to Proceed by the City, and the Work shall be fully completed within the time specified in
the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the
City will suffer financial loss if the Work is not completed within the time specified in Article 2,
herein, plus any extensions thereof allowed in accordance with applicable provisions of the
Standard Specifications, as modified herein. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the
Work is not completed on time. Accordingly, instead of requiring any such proof, the City and
the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor
shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar
day that expires after the time specified in Article 2, herein. In executing the Agreement, the
Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as
modified herein, related to liquidated damages, and has made itself aware of the actual loss
incurred by the City due to the inability to complete the Work within the time specified in the
Notice to Proceed.
2016 PAVEMENT REHABILITATION AGREEMENT FORM-PAGE 1
CITY PROJECT NO. 16-01
APRIL 2016 16
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 Five Million Three Hundred Twenty Eight Thousand Nine Hundred Thirty Three Dollars
and Zero Cents ($5,328,933). Bid Schedules A, B, C and D.
Contractor agrees to receive and accept the prices set forth herein, as full compensation for
furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising out of the
nature of the Work during its progress or prior to its acceptance including those for well and
faithfully completing the Work and the whole thereof in the manner and time specified in the
Contract Documents; and, also including those arising from actions of the elements, unforeseen
difficulties or obstructions encountered in the prosecution of the Work, suspension of
discontinuance of the Work, and all other unknowns or risks of any description connected with
the Work.
ARTICLE 4-- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California Department of
Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages,
the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Declaration, Equal
Employment Opportunity Certification, Debarment and Suspension Certification, Non-Lobbying
Certification for Federal-Aid Contracts, Disclosure of Lobbying Activities, Bid Security or Bid
Bond, Bidder's General Information, Exhibit 15G Local Agency Bidder DBE Commitment, Exhibit
15H DBE Information — Good Faith Efforts, Public Contract Code Section 10285.1 Statement,
Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232
Statement, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment
Bond, Standard Specifications, Special Provisions, the Drawings, Addenda Numbers 1 to 3,
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.
2016 PAVEMENT REHABILITATION AGREEMENT FORM-PAGE 2
CITY PROJECT NO, 16-01
APRIL 2016 17
City hereby agrees to employ, and does hereby employ, Contractor to provide the materials,
complete the Work, and fulfill the obligations according to the terms and conditions herein
contained and referred to, for the Contract Price herein identified, and hereby contracts to pay
the same at the time, in the manner, and upon the conditions set forth in the Contract
Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor
Code requirements specified in the Contract Documents, including the requirement to furnish
electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor
Standards Enforcement), and shall pay the general prevailing rate of per diem wages as
determined by the Director of the Department of Industrial Relations of the State of California.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, it shall be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is intended, or
if delivered at Or sent by registered Or certified mail, postage prepaid, to the last business
address known to the giver of the Notice.
ARTICLE 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents
from any claims, demands, or causes of action, including related expenses, attorney's fees, and
costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor
hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the
Special Provisions, which are hereby referenced and made a part hereof.
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.
2016 PAVEMENT REHABILITATION AGREEMENT FORM-PAGE 3
CITY PROJECT NO. 16-01
APRIL 2016
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 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
2016 PAVEMENT REHABILITATION AGREEMENT FORM-PAGE 4
CITY PROJECT NO. 16-01
APRIL 2016 19
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, CONTRACTOR
CALIFORNIA
By: Matich Corporation,
a California corporation
By Firm/Company Name
David H. Ready
City Manager
ATTEST:
By:
Signature (notarized)
By
James Thompson Name:
City Clerk
APPROVED AS TO FORM: Title:
By By:
Douglas Holland
City Attorney Signature (notarized)
RECOMMENDED:
Name:
By
Marcus L. Fuller, Title:
Assistant City Manager/City Engineer
APPROVED BY THE CITY COUNCIL:
Date
Agreement No.
2016 PAVEMENT REHABILITATION AGREEMENT FORM-PAGE 5
CITY PROJECT NO. 16-01
APRIL 2016 20
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
2016 PAVEMENT REHABILITATION
CITY PROJECT NO. 16-01
APRIL 2016 AGREEMENT FORM-EXHIBIT"A"
21
FHWA-1273-- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General It. NONDISCRIMINATION
II. Nondiscrimination
III. Nonsegregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable
IV. Davis-Bacon and Related Act Provisions to all Federal-aid construction contracts and to all related construction
V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are
VI. Subletting or Assigning the Contract not applicable to material supply, engineering, or architectural service
VII. Safety:Accident Prevention contracts.
Vill. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution In addition, the contractor and all subcontractors must comply with the
Control Act following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
X. Compliance with Governmentwide Suspension and Debarment 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
Requirements amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
XI. Certification Regarding Use of Contract Funds for Lobbying amended,and related regulations including 49 CFR Parts 21,26 and 27;
and 23 CFR Parts 200,230,and 633.
ATTACHMENTS
The contractor and all subcontractors must comply with: the
A. Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
Highway System or Appalachian Local Access Road Contracts(included for all construction contracts exceeding $10,000, the Standard Federal
in Appalachian contracts only) Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
I. GENERAL
Note:The U.S. Department of Labor has exclusive authority to determine
1. Form FHWA-1273 must be physically incorporated in each compliance with Executive Order 11246 and the policies of the Secretary
construction contract funded under Title 23 (excluding emergency of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting
contracts solely intended for debris removal). The contractor (or agency and the FHWA have the authority and the responsibility to
subcontractor) must insert this form in each subcontract and further ensure compliance with Title 23 USC Section 140,the Rehabilitation Act
require its inclusion in all lower tier subcontracts (excluding purchase of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of
orders, rental agreements and other agreements for supplies or 1964, as amended, and related regulations including 49 CFR Parts 21,
services). 26 and 27;and 23 CFR Parts 200,230,and 633.
The applicable requirements of Form FHWA-1273 are incorporated by The following provision is adopted from 23 CFR 230, Appendix A, with
reference for work done under any purchase order, rental agreement or appropriate revisions to conform to the U.S. Department of Labor(US
agreement for other services. The prime contractor shall be responsible DOL)and FHWA requirements.
for compliance by any subcontractor, lower-tier subcontractor or service
provider. 1. Equal Employment Opportunity: Equal employment opportunity
(EEO) requirements not to discriminate and to take affirmative action to
Form FHWA-1273 must be included in all Federal-aid design-build assure equal opportunity as set forth under laws,executive orders, rules,
contracts, in all subcontracts and in lower tier subcontracts (excluding regulations(28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60
subcontracts for design services, purchase orders, rental agreements and 49 CFR 27)and orders of the Secretary of Labor as modified by the
and other agreements for supplies or services). The design-builder shall provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140
be responsible for compliance by any subcontractor, lower-tier shall constitute the EEO and specifc affirmative action standards for the
subcontractor or service provider. contractor's project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set
Contracting agencies may reference Form FHWA-1273 in bid proposal forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference
or request for proposal documents,however,the Forth FHWA-1273 must in this contract. In the execution of this contract,the contractor agrees to
be physically incorporated (not referenced)in all contracts,subcontracts comply with the following minimum specific requirement activities of
and lower-tier subcontracts (excluding purchase orders, rental EEO:
agreements and other agreements for supplies or services related to a
construction contract). a.The contractor will work with the contracting agency and the Federal
Government to ensure that it has made every good faith effort to provide
2. Subject to the applicability criteria noted in the following sections, equal opportunity with respect to all of its terms and conditions of
these contract provisions shall apply to all work performed on the employment and in their review of activities under the contract.
contract by the contractor's own organization and with the assistance of
workers under the contractor's immediate superintendence and to all b. The contractor will accept as its operating policy the following
work performed on the contract by piecework, station work, or by statement:
subcontract.
"It is the policy of this Company to assure that applicants are
3. A breach of any of the stipulations contained in these Required employed, and that employees are treated during employment,without
Contract Provisions may be sufficient grounds for withholding of progress regard to their race, religion, sex, color, national origin, age or
payments, withholding of final payment, termination of the contract, disability. Such action shall include: employment, upgrading,
suspension/debarment or any other action determined to be appropriate demotion, or transfer; recruitment or recruitment advertising; layoff or
by the contracting agency and FHWA. termination;rates of pay or other fortes of compensation;and selection
for training, including apprenticeship, pre-apprenticeship, and/or on-
4. Selection of Labor: During the performance of this contract, the the job training"
contractor shall not use convict labor for any purpose within the limits of
a construction project on a Federal-aid highway unless it is labor 2. EEO Officer: The contractor will designate and make known to the
performed by convicts who are on parole, supervised release, or contracting officers an EEO Officer who will have the responsibility for
probation. The term Federal-aid highway does not include roadways and must be capable of effectively administering and promoting an
functionally classified as local roads or rural minor collectors. active EEO program and who must be assigned adequate authority and
responsibility to do so.
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3. Dissemination of Policy: All members of the contractors staff a.The contractor will conduct periodic inspections of project sites to
who are authorized to hire, supervise, promote, and discharge insure that working conditions and employee facilities do not
employees,or who recommend such action,or who are substantially indicate discriminatory treatment of project site personnel.
involved in such action, will be made fully cognizant of, and will
implement, the contractors EEO policy and contractual b.The contractor will periodically evaluate the spread of wages paid
responsibilities to provide EEO in each grade and classification of within each classification to determine any evidence of
employment. To ensure that the above agreement will be met, the discriminatory wage practices.
following actions will be taken as a minimum:
c.The contractor will periodically review selected personnel actions
a. Periodic meetings of supervisory and personnel office employees in depth to determine whether there is evidence of discrimination.
will be conducted before the start of work and then not less often Where evidence is found, the contractor will promptly lake
than once every six months, at which time the contractors EEO corrective action. If the review indicates that the discrimination
policy and its implementation will be reviewed and explained. The may extend beyond the actions reviewed, such corrective action
meetings will be conducted by the EEO Officer. shall include all affected persons.
b.All new supervisory or personnel office employees will be given a d.The contractor will promptly investigate all complaints of alleged
thorough indoctrination by the EEO Officer, covering all major discrimination made to the contractor in connection with its
aspects of the contractor's EEO obligations within thirty days obligations under this contract, will attempt to resolve such
following their reporting for duty with the contractor. complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
c. All personnel who are engaged in direct recruitment for the project discrimination may affect persons other than the complainant,
Will be instructed by the EEO Officer in the contractor's such corrective action shall include such other persons. Upon
procedures for locating and hiring minorities and women. completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
d.Notices and posters setting forth the contractors EEO policy will
be placed in areas readily accessible to employees, applicants for 6.Training and Promotion:
employment and potential employees.
a.The contractor will assist in locating,qualifying,and increasing the
e.The contractor's EEO policy and the procedures to implement skills of minorities and women who are applicants for employment
such policy will be brought to the attention of employees by or current employees. Such efforts should be aimed at
means of meetings, employee handbooks, or other appropriate developing full journey level status employees in the type of trade
means, or job classification involved.
4.Recruitment:When advertising for employees,the contractor will b. Consistent with the contractors work force requirements and as
include in all advertisements for employees the notation: "An Equal permissible under Federal and State regulations, the contractor
Opportunity Employer." All such advertisements will be placed in shall make full use of training programs, i.e., apprenticeship, and
publications having a large circulation among minorities and women on-the-job training programs for the geographical area of contract
in the area from which the project work force would normally be performance. In the event a special provision for training is
derived. provided under this contract, this subparagraph will be
superseded as indicated in the special provision. The contracting
a.The contractor will, unless precluded by a valid bargaining agency may reserve training positions for persons who receive
agreement, conduct systematic and direct recruitment through welfare assistance in accordance with 23 U.S.C. 140(a).
public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the c.The contractor will advise employees and applicants for
contractor will identify sources of potential minority group employment of available training programs and entrance
employees,and establish with such identified sources procedures requirements for each.
whereby minority and women applicants may be referred to the
contractor for employment consideration. d.The contractor will periodically review the training and promotion
potential of employees who are minorities and women and will
b. In the event the contractor has a valid bargaining agreement encourage eligible employees to apply for such training and
providing for exclusive hiring hall referrals, the contractor is promotion.
expected to observe the provisions of that agreement to the
extent that the system meets the contractor's compliance with 7. Unions: If the contractor relies in whole or in part upon unions as
EEO contract provisions. Where implementation of such an a source of employees, the contractor will use good faith efforts to
agreement has the effect of discriminating against minorities or obtain the cooperation of such unions to increase opportunities for
women, or obligates the contractor to do the same, such minorities and women. Actions by the contractor, either directly or
implementation violates Federal nondiscrimination provisions. through a contractors association acting as agent, will include the
procedures set forth below:
c.The contractor will encourage its present employees to refer
minorities and women as applicants for employment. Information a.The contractor will use good faith efforts to develop, in
and procedures with regard to referring such applicants will be cooperation with the unions,joint training programs aimed toward
discussed with employees. qualifying more minorities and women for membership in the
unions and increasing the skills of minorities and women so that
5. Personnel Actions: Wages, working conditions, and employee they may qualify for higher paying employment.
benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion, b.The contractor will use good faith efforts to incorporate an EEO
transfer, demotion, layoff, and termination, shall be taken without clause into each union agreement to the end that such union will
regard to race, color, religion, sex, national origin, age or disability. be contractually bound to refer applicants without regard to their
The following procedures shall be followed: race,color,religion, sex,national origin,age or disability.
c. The contractor is to obtain information as to the referral practices
and policies of the labor union except that to the extent such
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information is within the exclusive possession of the labor union (2)The progress and efforts being made in cooperation with
and such labor union refuses to furnish such information to the unions,when applicable, to increase employment opportunities
contractor,the contractor shall so certify to the contracting agency for minorities and women;and
and shall set forth what efforts have been made to obtain such
information. (3)The progress and efforts being made in locating, hiring,
training,qualifying,and upgrading minorities and women;
d. In the event the union is unable to provide the contractor with a
reasonable Flow of referrals within the time limit set forth in the b.The contractors and subcontractors will submit an annual report
collective bargaining agreement, the contractor will, through to the contracting agency each July for the duration of the project,
independent recruitment efforts, fill the employment vacancies indicating the number of minority,women,and non-minority group
without regard to race, color, religion, sex, national origin, age or employees currently engaged in each work classification required
disability; making full efforts to obtain qualified and/or qualifiable by the contract work. This information is to be reported on Form
minorities and women. The failure of a union to provide sufficient FHWA-1391. The staffing data should represent the project work
referrals(even though it is obligated to provide exclusive referrals force on board in all or any part of the last payroll period
under the terms of a collective bargaining agreement) does not preceding the end of July. If on-the-job training is being required
relieve the contractor from the requirements of this paragraph. In by special provision, the contractor will be required to collect and
the event the union referral practice prevents the contractor from report training data. The employment data should reflect the work
meeting the obligations pursuant to Executive Order 11246, as force on board during all or any part of the last payroll period
amended, and these special provisions, such contractor shall preceding the end of July.
immediately notify the contracting agency.
III. NONSEGREGATED FACILITIES
S. Reasonable Accommodation for Applicants/Employees with
Disabilities: The contractor must be familiar with the requirements This provision is applicable to all Federal-aid construction contracts
for and comply with the Americans with Disabilities Act and all rules and to all related construction subcontracts of$10,000 or more.
and regulations established there under. Employers must provide
reasonable accommodation in all employment activities unless to do The contractor must ensure that facilities provided for employees
so would cause an undue hardship. are provided in such a manner that segregation on the basis of race,
color, religion, sex, or national origin cannot result. The contractor
9. Selection of Subcontractors, Procurement of Materials and may neither require such segregated use by written or oral policies
Leasing of Equipment:The contractor shall not discriminate on the nor tolerate such use by employee custom. The contractor's
grounds of race,color, religion, sex, national origin, age or disability obligation extends further to ensure that its employees are not
in the selection and retention of subcontractors, including assigned to perform their services at any location, under the
procurement of materials and leases of equipment. The contractor contractor's control, where the facilities are segregated. The term
shall take all necessary and reasonable steps to ensure "facilities"includes waiting rooms,work areas, restaurants and other
nondiscrimination in the administration of this contract. eating areas,time docks, restrooms,washrooms,locker rooms,and
other storage or dressing areas, parking lots, drinking fountains,
a.The contractor shall notify all potential subcontractors and recreation or entertainment areas, transportation, and housing
suppliers and lessors of their EEO obligations under this contract. provided for employees. The contractor shall provide separate or
single-user restrooms and necessary dressing or sleeping areas to
b.The contractor will use good faith efforts to ensure subcontractor assure privacy between sexes.
compliance with their EEO obligations.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
10.Assurance Required by49 CFR 26.13(b):
a.The requirements of 49 CFR Part 26 and the State DOT's U.S. This section is applicable to all Federal-aid construction projects
DOT-approved DBE program are incorporated by reference. exceeding $2,000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size). The requirements
b.The contractor or subcontractor shall not discriminate on the basis apply to all projects located within the right-of-way of a roadway that
of race, color, national origin, or sex in the performance of this is functionally classified as Federal-aid highway. This excludes
contract. The contractor shall carry out applicable requirements roadways functionally classified as local roads or rural minor
of 49 CFR Part 26 in the award and administration of DOT- collectors, which are exempt. Contracting agencies may elect to
assisted contracts. Failure by the contractor to carry out these apply these requirements to other projects.
requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as The following provisions are from the U.S. Department of Labor
the contracting agency deems appropriate. regulations in 29 CFR 5.5"Contract provisions and related matters'
with minor revisions to conform to the FHWA-1273 format and
11. Records and Reports: The contractor shall keep such records FHWA program requirements.
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following 1 Minimum wages
the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for inspection
by authorized representatives of the contracting agency and the a.All laborers and mechanics employed or working upon the site of
FHWA. the work,will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any
a.The records kept by the contractor shall document the following: account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland
(1)The number and work hours of minority and non-minority group Act (29 CFR part 3)), the full amount of wages and bona fide
members and women employed in each work classification on fringe benefits (or cash equivalents thereof) due at time of
the project; payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
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relationship which may be alleged to exist between the contractor (4) The wage rate (including fringe benefits where appropriate)
and such laborers and mechanics. determined pursuant to paragraphs t.b.(2) or 1.b.(3) of this
section, shall be paid to all workers performing work in the
Contributions made or costs reasonably anticipated for bona fide classification under this contract from the first day on which work
fringe benefits under section 1(b)(2) of the Davis-Bacon Act on is performed in the classification.
behalf of laborers or mechanics are considered wages paid to such c. Whenever the minimum wage rate prescribed in the contract for a
laborers or mechanics,subject to the provisions of paragraph t.d.of class of laborers or mechanics includes a fringe benefit which is
this section; also, regular contributions made or costs incurred for not expressed as an hourly rate, the contractor shall either pay
more than a weekly period (but not less often than quarterly)under the benefit as stated in the wage determination or shall pay
plans, funds, or programs which cover the particular weekly period, another bona fide fringe benefit or an hourly cash equivalent
are deemed to be constructively made or incurred during such thereof.
weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination d. If the contractor does not make payments to a trustee or other
for the classification of work actually performed, without regard to third person, the contractor may consider as part of the wages of
skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics any laborer or mechanic the amount of any costs reasonably
performing work in more than one classification may be anticipated in providing bona fide fringe benefits under a plan or
compensated at the rate specified for each classification for the time program, Provided, That the Secretary of Labor has found, upon
actually worked therein: Provided, that the employer's payroll the written request of the contractor,that the applicable standards
records accurately set forth the time spent in each classification in of the Davis-Bacon Act have been met. The Secretary of Labor
which work is performed. The wage determination (including any may require the contractor to set aside in a separate account
additional classification and wage rates conformed under paragraph assets for the meeting of obligations under the plan or program.
1.b.of this section)and the Davis-Bacon poster(WH-1321)shall be
posted at all times by the contractor and its subcontractors at the
site of the work in a prominent and accessible place where it can be 2. Withholding
easily seen by the workers.
The contracting agency shall upon its own action or upon written
b.(1)The contracting officer shall require that any class of laborers request of an authorized representative of the Department of Labor,
or mechanics, including helpers, which is not listed in the wage withhold or cause to be withheld from the contractor under this
determination and which is to be employed under the contract contract, or any other Federal contract with the same prime
shall be classified in conformance with the wage determination. contractor,or any other federally-assisted contract subject to Davis-
The contracting officer shall approve an additional classification Bacon prevailing wage requirements, which is held by the same
and wage rate and fringe benefits therefore only when the prime contractor, so much of the accrued payments or advances as
following criteria have been met: may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
(i) The work to be performed by the classification requested is not contractor or any subcontractor the full amount of wages required by
performed by a classification in the wage determination;and the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice,trainee,or helper, employed or working on
(ii)The classification is utilized in the area by the construction the site of the work, all or part of the wages required by the contract,
industry;and the contracting agency may, after written notice to the contractor,
take such action as may be necessary to cause the suspension of
(iii)The proposed wage rate, including any bona fide fringe any further payment, advance, or guarantee of funds until such
benefits, bears a reasonable relationship to the wage rates violations have ceased.
contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be 3. Payrolls and basic records
employed in the classification (if known), or their representatives,
and the contracting officer agree on the classification and wage a.Payrolls and basic records relating thereto shall be maintained by
rate (including the amount designated for fringe benefits where the contractor during the course of the work and preserved for a
appropriate), a report of the action taken shall be sent by the period of three years thereafter for all laborers and mechanics
contracting officer to the Administrator of the Wage and Hour working at the site of the work. Such records shall contain the
Division, Employment Standards Administration, U.S. Department name, address, and social security number of each such worker,
of Labor, Washington, DC 20210. The Administrator, or an his or her correct classification, hourly rates of wages paid
authorized representative, will approve, modify, or disapprove (including rates of contributions or costs anticipated for bona fide
every additional classification action within 30 days of receipt and fringe benefits or cash equivalents thereof of the types described
so advise the contracting officer or will notify the contracting in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly
officer within the 30-day period that additional time is necessary. number of hours worked, deductions made and actual wages
paid.Whenever the Secretary of Labor has found under 29 CFR
(3) In the event the contractor, the laborers or mechanics to be 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the
employed in the classification or their representatives, and the amount of any costs reasonably anticipated in providing benefits
contracting officer do not agree on the proposed classification and under a plan or program described in section 1(b)(2)(B) of the
wage rate (including the amount designated for fringe benefits, Davis-Bacon Act, the contractor shall maintain records which
where appropriate), the contracting officer shall refer the show that the commitment to provide such benefits is
questions, including the views of all interested parties and the enforceable, that the plan or program is financially responsible,
recommendation of the contracting officer, to the Wage and Hour and that the plan or program has been communicated in writing to
Administrator for determination. The Wage and Hour the laborers or mechanics affected, and records which show the
Administrator, or an authorized representative, will issue a costs anticipated or the actual cost incurred in providing such
determination within 30 days of receipt and so advise the benefits. Contractors employing apprentices or trainees under
contracting officer or will notify the contracting officer within the approved programs shall maintain written evidence of the
30-day period that additional time is necessary. registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
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b. (1)The contractor shall submit weekly for each week in which any failure to submit the required records upon request or to make
contract work is performed a copy of all payrolls to the contracting such records available may be grounds for debarment action
agency. The payrolls submitted shall set out accurately and pursuant to 29 CFR 5.12.
completely all of the information required to be maintained under
29 CFR 5.5(a)(3)(i), except that full social security numbers and y Apprentices and trainees
home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually
identifying number for each employee(e.g. ,the last four digits of a.Apprentices(programs of the USDOL).
the employee's social security number). The required weekly
payroll information may be submitted in any form desired.Hour
Apprentices will be permitted to work at less than the predetermined
Optional Form WH is available for this purpose from the rate for the work they performed when they are employed pursuant
Wage and Hour Division Web site at to and individually registered in a bona fide apprenticeship program
site. The
contractor is responsible
the
or its successor registered with the U.S. Department of Labor, Employment and
site. The prime contractor is responsible for the submission d Training Administration, Office of Apprenticeship Training, Employer
copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and and Labor Services, or with a State Apprenticeship Agency
recognized by the Office,or if a person is employed in his or her first
current address of each covered worker, and shall provide them 9
upon request to the contracting agency for transmission to the 0 days of probationary employment as an apprentice in such an
State DOT, the FHWA or the Wage and Hour Division of the apprenticeship program, who is not individually registered in the
Department of Labor for purposes of an investigation or audit of program, but who has been certified by the Office of Apprenticeship
compliance with prevailing wage requirements. It is not a violation Training, Employer and Labor Services or a State Apprenticeship
of this section for a prime contractor to require a subcontractor to Agency (where appropriate) to be eligible for probationary
provide addresses and social security numbers to the prime employment as an apprentice.
contractor for its own records, without weekly submission to the
contracting agency. The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to
(2)Each payroll submitted shall be accompanied by a"Statement the contractor as to the entire work force under the registered
of Compliance," signed by the contractor or subcontractor or his program.Any worker listed on a payroll at an apprentice wage rate,
or her agent who pays or supervises the payment of the persons who is not registered or otherwise employed as stated above, shall
employed under the contract and shall certify the following: be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
(1) That the payroll for the payroll period contains the addition,any apprentice performing work on the job site in excess of
information required to be provided under §5.5 (a)(3)(ii) of the ratio permitted under the registered program shall be paid not
Regulations, 29 CFR part 5, the appropriate information is less than the applicable wage rate on the wage determination for the
being maintained under §5.5 (a)(3)(1) of Regulations, 29 CFR work actually performed. Where a contractor is performing
part 5,and that such information is correct and complete; construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in
(ii) That each laborer or mechanic (including each helper, percentages of the journeyman's hourly rate) specified in the
apprentice, and trainee) employed on the contract during the contractor's or subcontractor's registered program shall be
payroll period has been paid the full weekly wages earned, observed.
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set Every apprentice must be paid at not less than the rate specified in
forth in Regulations,29 CFR part 3; the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified
(iii)That each laborer or mechanic has been paid not less than in the applicable wage determination. Apprentices shall be paid
the applicable wage rates and fringe benefits or cash fringe benefits in accordance with the provisions of the
equivalents for the classification of work performed, as apprenticeship program. If the apprenticeship program does not
specified in the applicable wage determination incorporated specify fringe benefits, apprentices must be paid the full amount of
into the contract. fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice
(3)The weekly submission of a properly executed certification set prevails for the applicable apprentice classification, fringes shall be
forth on the reverse side of Optional Form WH-347 shall satisfy paid in accordance with that determination.
the requirement for submission of the"Statement of Compliance"
required by paragraph 3.b.(2)of this section. In the event the Office of Apprenticeship Training, Employer and
Labor Services,or a State Apprenticeship Agency recognized by the
(4)The falsification of any of the above certifications may subject Office, withdraws approval of an apprenticeship program, the
the contractor or subcontractor to civil or criminal prosecution contractor will no longer be permitted to utilize apprentices at less
under section 1001 of title 18 and section 231 of title 31 of the than the applicable predetermined rate for the work performed until
United States Code. an acceptable program is approved.
c. The contractor or subcontractor shall make the records required
under paragraph 3.a. of this section available for inspection, b.Trainees(programs of the USDOL).
copying, or transcription by authorized representatives of the
contracting agency, the State DOT, the FHWA, or the Except as provided in 29 CFR 5.16, trainees will not be permitted to
Department of Labor, and shall permit such representatives to work at less than the predetermined rate for the work performed
interview employees during working hours on the job. If the unless they are employed pursuant to and individually registered in
contractor or subcontractor fails to submit the required records or a program which has received prior approval, evidenced by formal
to make them available,the FHWA may,after written notice to the certification by the U.S. Department of Labor, Employment and
contractor, the contracting agency or the State DOT, take such Training Administration.
action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
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The ratio of trainees to journeymen on the job site shall not be 9. Disputes concerning labor standards. Disputes arising out of
greater than permitted under the plan approved by the Employment the labor standards provisions of this contract shall not be subject to
and Training Administration. the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of
Every trainee must be paid at not less than the rate specified in the Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
approved program for the trainee's level of progress,expressed as a meaning of this clause include disputes between the contractor(or
percentage of the journeyman hourly rate specified in the applicable any its subcontractors) and the contracting agency, the U.S.
wage determination. Trainees shall be paid fringe benefits in Department of Labor,or the employees or their representatives.
accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits,trainees shall be paid the 10. Certification of eligibility.
full amount of fringe benefits listed on the wage determination
unless the Administrator of the Wage and Hour Division determines a.By entering into this contract,the contractor certifies that neither it
that there is an apprenticeship program associated with the (nor he or she)nor any person or firm who has an interest in the
corresponding journeyman wage rate on the wage determination contractor's firm is a person or firm ineligible to be awarded
which provides for less than full fringe benefits for apprentices. Any Government contracts by virtue of section 3(a)of the Davis-Bacon
employee listed on the payroll at a trainee rate who is not registered Act or 29 CFR 5.12(a)(1).
and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable b.No part of this contract shall be subcontracted to any person or
wage rate on the wage determination for the classification of work firm ineligible for award of a Government contract by virtue of
actually performed. In addition, any trainee performing work on the section 3(a)of the Davis-Bacon Actor 29 CFR contract
1).
job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. c.The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
In the event the Employment and Training Administration withdraws V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable The following clauses apply to any Federal-aid construction contract
predetermined rate for the work performed until an acceptable in an amount in excess of $100,000 and subject to the overtime
program is approved. provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the causes required
c. Equal employment opportunity. The utilization of apprentices, by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
trainees and journeymen under this part shall be in conformity terms laborers and mechanics include watchmen and guards,
with the equal employment opportunity requirements of Executive
Order 11246,as amended,and 29 CFR part 30. 1. Overtime requirements. No contractor or subcontractor
d.Apprentices and Trainees(programs of the U.S.DOT). contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or
Apprentices and trainees working under apprenticeship and skill she is employed on such work to work in excess of forty hours in
training programs which have been certified by the Secretary of such workweek unless such laborer or mechanic receives
Transportation as promoting EEO in connection with Federal-aid compensation at a rate not less than one and one-half times the
highway construction programs are not subject to the requirements basic rate of pay for all hours worked in excess of forty hours in such
of paragraph 4 of this Section IV. The straight time hourly wage workweek.
rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and 2. Violation; liability for unpaid wages; liquidated damages. In
trainees to journeymen shall not be greater than permitted by the the event of any violation of the clause set forth in paragraph(1.)of
terms of the particular program. this section, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
5. Compliance with Copeland Act requirements. The contractor contractor and subcontractor shall be liable to the United States (in
shall comply with the requirements of 29 CFR part 3, which are the case of work done under contract for the District of Columbia or
incorporated by reference in this contract. a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect
6.Subcontracts. The contractor or subcontractor shall insert Form to each individual laborer or mechanic, including watchmen and
FHWA-1273 in any subcontracts and also require the subcontractors guards, employed in violation of the clause set forth in paragraph
to include Forth FHWA-1273 in any lower tier subcontracts. The (1,)of this section,in the sum of$10 for each calendar day on which
prime contractor shall be responsible for the compliance by any such individual was required or permitted to work in excess of the
subcontractor or lower tier subcontractor with all the contract standard workweek of forty hours without payment of the overtime
clauses in 29 CFR 5.5. wages required by the clause set forth in paragraph (1.) of this
section.
7. Contract termination: debarment. A breach of the contract 3. Withholding for unpaid wages and liquidated damages. The
clauses in 29 CFR 5.5 may be grounds for termination of the FHWA or the contacting agency shall upon its own action or upon
contract, and for debarment as a contractor and a subcontractor as written request of an authorized representative of the Department of
provided in 29 CFR 5.12. Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
8. Compliance with Davis-Bacon and Related Act requirements. under any such contract or any other Federal contract with the same
All rulings and interpretations of the Davis-Bacon and Related Acts prime contractor, or any other federally-assisted contract subject to
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by the Contract Work Hours and Safety Standards Act,which is held by
reference in this contract. the same prime contractor,such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
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subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph(2.)of this section. 4.No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the contracting
4.Subcontracts. The contractor or subcontractor shall insert in any officer, or authorized representative, and such consent when
subcontracts the clauses set forth in paragraph (1.) through (4.) of given shall not be construed to relieve the contractor of any
this section and also a clause requiring the subcontractors to include responsibility for the fulfillment of the contract. Written consent
will be given only after the contracting agency has assured that
these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower each subcontracts evidenced in writing and that it contains all
tier subcontractor with the clauses set forth in paragraphs (1.) Pertinent provisions and requirements of the prime contract.
through(4.)of this section. 5.The 30% self-performance requirement of paragraph (1) is not
applicable to design-build contracts; however, contracting
agencies may establish their own self-performance requirements.
VI.SUBLETTING OR ASSIGNING THE CONTRACT
VII.SAFETY:ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts
on the National Highway System. This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
1.The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater 1. In the performance of this contract the contractor shall comply
percentage if specified elsewhere in the contract) of the total with all applicable Federal,State,and local laws governing safety,
original contract price, excluding any specialty items designated health, and sanitation (23 CFR 635).The contractor shall provide
by the contracting agency. Specialty items may be performed by all safeguards, safety devices and protective equipment and take
subcontract and the amount of any such specialty items any other needed actions as it determines, or as the contracting
performed may be deducted from the total original contract price officer may determine, to be reasonably necessary to protect the
before computing the amount of work required to be performed by life and health of employees on the job and the safety of the
the contractor's own organization(23 CFR 635,116). public and to protect property in connection with the performance
of the work covered by the contract.
a.The term "perform work with its own organization" refers to
workers employed or leased by the prime contractor, and 2. It is a condition of this contract,and shall be made a condition of
equipment owned or rented by the prime contractor, with or each subcontract,which the contractor enters into pursuant to this
without operators. Such term does not include employees or contract, that the contractor and any subcontractor shall not
equipment of a subcontractor or lower tier subcontractor, permit any employee, in performance of the contract, to work in
agents of the prime contractor, or any other assignees. The surroundings or under conditions which are unsanitary,hazardous
term may include payments for the costs of hiring leased or dangerous to his/her health or safety, as determined under
employees from an employee leasing firm meeting all relevant construction safety and health standards (29 CFR 1926)
Federal and State regulatory requirements. Leased employees promulgated by the Secretary of Labor, in accordance with
may only be included in this tern if the prime contractor meets Section 107 of the Contract Work Hours and Safety Standards
all of the following conditions: Act(40 U.S.C.3704).
(1) the prime contractor maintains control over the 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
supervision of the day-to-day activities of the leased the Secretary of Labor or authorized representative thereof, shall
employees; have right of entry to any site of contract performance to inspect
(2) the prime contractor remains responsible for the quality of or investigate the matter of compliance with the construction
the work of the leased employees; safety and health standards and to carry out the duties of the
(3) the prime contractor retains all power to accept or exclude Secretary under Section 107 of the Contract Work Hours and
individual employees from work on the project;and Safety Standards Act(40 U.S.C.3704).
(4) the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages, the Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
submission of payrolls, statements of compliance and all
other Federal regulatory requirements. This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
b."Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment In order to assure high quality and durable construction in conformity
not ordinarily available in the type of contracting organizations with approved plans and specifications and a high degree of
qualified and expected to bid or propose on the contract as a reliability on statements and representations made by engineers,
whole and in general are to be limited to minor components of contractors,suppliers,and workers on Federal-aid highway projects,
the overall contract. it is essential that all persons concerned with the project perform
their functions as carefully, thoroughly, and honestly as possible.
2.The contract amount upon which the requirements set forth in Willful falsification, distortion, or misrepresentation with respect to
paragraph (1) of Section VI is computed includes the cost of any facts related to the project is a violation of Federal law. To
material and manufactured products which are to be purchased or prevent any misunderstanding regarding the seriousness of these
produced by the contractor under the contract provisions. and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more places
3.The contractor shall furnish (a) a competent superintendent or where it is readily available to all persons concerned with the
supervisor who is employed by the firm, has full authority to direct project:
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations 18 U.S.C. 1020 reads as follows:
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and "Whoever, being an officer,agent,or employee of the United Slates,
engineering services) as the contracting officer determines is or of any State or Territory, or whoever, whether a person,
necessary to assure the performance of the contract. association, firm, or corporation, knowingly makes any false
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statement, false representation, or false report as to the character, c.The certification in this clause is a material representation of fact
quality, quantity, or cost of the material used or to be used, or the upon which reliance was placed when the contracting agency
quantity or quality of the work performed or to be performed, or the determined to enter into this transaction. If it is later determined
cost thereof in connection with the submission of plans, maps, that the prospective participant knowingly rendered an erroneous
specifications, contracts, or costs of construction on any highway or certification, in addition to other remedies available to the Federal
related project submitted for approval to the Secretary of Government, the contracting agency may terminate this
Transportation;or transaction for cause of default.
Whoever knowingly makes any false statement, false d.The prospective first tier participant shall provide immediate
representation, false report or false claim with respect to the written notice to the contracting agency to whom this proposal is
character, quality, quantity, or cost of any work performed or to be submitted if any time the prospective first tier participant learns
performed, or materials furnished or to be furnished, in connection that its certification was erroneous when submitted or has
with the construction of any highway or related project approved by become erroneous by reason of changed circumstances.
the Secretary of Transportation;or
e.The terms "covered transaction," "debarred," "suspended,"
Whoever knowingly makes any false statement or false "ineligible," "participant," "person," "principal," and "voluntarily
representation as to material fact in any statement, certificate, or excluded,"as used in this clause, are defined in 2 CFR Parts 180
report submitted pursuant to provisions of the Federal-aid Roads Act and 1200. "First Tier Covered Transactions" refers to any
approved July 1, 1916, (39 Stat. 355), as amended and covered transaction between a grantee or subgrantee of Federal
supplemented; funds and a participant (such as the prime or general contract).
"Lower Tier Covered Transactions" refers to any covered
Shall be fined under this title or imprisoned not more than 5 years transaction under a First Tier Covered Transaction (such as
or both" subcontracts). "First Tier Participant"refers to the participant who
has entered into a covered transaction with a grantee or
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL subgrantee of Federal funds (such as the prime or general
WATER POLLUTION CONTROL ACT contractor). "Lower Tier Participant" refers any participant who
has entered into a covered transaction with a First Tier Participant
This provision is applicable to all Federal-aid construction contracts or other Lower Tier Participants (such as subcontractors and
and to all related subcontracts. suppliers).
By submission of this bid/proposal or the execution of this contract, f. The prospective first fier participant agrees by submitting this
or subcontract, as appropriate, the bidder, proposer, Federal-aid proposal that, should the proposed covered transaction be
construction contractor, or subcontractor, as appropriate, will be entered into, it shall not knowingly enter into any lower tier
deemed to have stipulated as follows: covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
1.That any person who is or will be utilized in the performance of this covered transaction, unless authorized by the department or
this contract is not prohibited from receiving an award due to a agency entering into this transaction,
violation of Section 508 of the Clean Water Act or Section 306 of
the Clean Air Act. g.The prospective first tier participant further agrees by submitting
this proposal that it will include the clause titled "Certification
2.That the contractor agrees to include or cause to be included the Regarding Debarment, Suspension, Ineligibility and Voluntary
requirements of paragraph (1) of this Section X in every Exclusion-Lower Tier Covered Transactions," provided by the
subcontract, and further agrees to take such action as the department or contracting agency, entering into this covered
contracting agency may direct as a means of enforcing such transaction, without modification, in all lower tier covered
requirements. transactions and in all solicitations for lower tier covered
transactions exceeding the$25,000 threshold.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION h.A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that
This provision is applicable to all Federal-aid construction contracts, is not debarred, suspended, ineligible, or voluntarily excluded
design-build contracts, subcontracts, lower-tier subcontracts, from the covered transaction, unless it knows that the certification
purchase orders, lease agreements, consultant contracts or any is erroneous. A participant is responsible for ensuring that its
other covered transaction requiring FHWA approval or that is principals are not suspended, debarred, or otherwise ineligible to
estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 participate in covered transactions. To verify the eligibility of its
and 1200. principals, as well as the eligibility of any lower tier prospective
participants, each participant may, but is not required to, check
1.Instructions for Certification—First Tier Participants: the Excluded Parties List System website(httos:Hwww.eols.aov
which is compiled by the General Services Administration.
a. By signing and submitting this proposal, the prospective first tier
participant is providing the certification set out below. I. Nothing contained in the foregoing shall be construed to require
the establishment of a system of records in order to render in
b.The inability of a person to provide the certification set out below goad faith the certification required by this clause.The knowledge
will not necessarily result in denial of participation in this covered and information of the prospective participant is not required to
transaction. The prospective first tier participant shall submit an exceed that which is normally possessed by a prudent person in
explanation of why it cannot provide the cerfification set out the ordinary course of business dealings.
below. The certification or explanation will be considered in
connection with the department or agency's determination j. Except for transactions authorized under paragraph (f) of these
whether to enter into this transaction. However, failure of the instructions, if a participant in a covered transaction knowingly
prospective first tier participant to furnish a certification or an enters into a lower tier covered transaction with a person who is
explanation shall disqualify such a person from participation in suspended, debarred, ineligible, or voluntarily excluded from
this transaction. participation in this transaction, in addition to other remedies
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available to the Federal Government, the department or agency into a covered transaction with a grantee or subgrantee of Federal
may terminate this transaction for cause or default. funds (such as the prime or general contractor). "Lower Tier
Participant"refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier
2. Certification Regarding Debarment, Suspension, Ineligibility Participants(such as subcontractors and suppliers).
and Voluntary Exclusion—First Tier Participants:
e.The prospective lower tier participant agrees by submitting this
a.The prospective first tier participant certifies to the best of its proposal that, should the proposed covered transaction be
knowledge and belief,that it and its principals: entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
(1) Are not presently debarred, suspended, proposed for declared ineligible, or voluntarily excluded from participation in
debarment, declared ineligible, or voluntarily excluded from this covered transaction, unless authorized by the department or
participating in covered transactions by any Federal agency with which this transaction originated.
department or agency;
f. The prospective lower tier participant further agrees by submitting
(2) Have not within a three-year period preceding this proposal this proposal that it will include this clause titled "Certification
been convicted of or had a civil judgment rendered against Regarding Debarment, Suspension, Ineligibility and Voluntary
them for commission of fraud or a criminal offense in Exclusion-Lower Tier Covered Transaction,"without modification,
connection with obtaining, attempting to obtain, or in all lower tier covered transactions and in all solicitations for
performing a public (Federal, State or local) transaction or lower tier covered transactions exceeding the$25,000 threshold.
contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, g.A participant in a covered transaction may rely upon a certification
theft, forgery, bribery, falsification or destruction of records, of a prospective participant in a lower tier covered transaction that
making false statements,or receiving stolen property; is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification
(3) Are not presently indicted for or otherwise criminally or civilly is erroneous. A participant is responsible for ensuring that its
charged by a governmental entity (Federal, State or local) principals are not suspended, debarred, or otherwise ineligible to
with commission of any of the offenses enumerated in participate in covered transactions. To verify the eligibility of its
paragraph(a)(2)of this certification;and principals, as well as the eligibility of any lower tier prospective
participants, each participant may, but is not required to, check
(4) Have not within a three-year period preceding this the Excluded Parties List System website(https://www.epls.gov/1,
application/proposal had one or more public transactions which is compiled by the General Services Administration.
(Federal,State or local)terminated for cause or default.
h, Nothing contained in the foregoing shall be construed to require
b.Where the prospective participant is unable to certify to any of the establishment of a system of records in order to render in good
statements in this certification, such prospective participant shall faith the certification required by this clause. The knowledge and
attach an explanation to this proposal. information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
2. Instructions for Certification-Lower Tier Participants: business dealings.
(Applicable to all subcontracts, purchase orders and other lower tier i. Except for transactions authorized under paragraph a of these
transactions requiring prior FHWA approval or estimated to cost instructions, if a participant in a covered transaction knowingly
$25,000 or more-2 CFR Parts 180 and 1200) enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
a.By signing and submitting this proposal, the prospective lower tier participation in this transaction, in addition to other remedies
is providing the certification set out below. available to the Federal Government, the department or agency
with which this transaction originated may pursue available
b.The certification in this clause is a material representation of fact remedies,including suspension and/or debarment.
upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier .....
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, Certification Regarding Debarment, Suspension, Ineligibility
the department, or agency with which this transaction originated and Voluntary Exclusion--Lower Tier Participants:
may pursue available remedies, including suspension and/or
debarment. 1.The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently
c.The prospective lower tier participant shall provide immediate debarred, suspended, proposed for debarment, declared
written notice to the person to which this proposal is submitted if ineligible, or voluntarily excluded from participating in covered
at any time the prospective lower tier participant learns that its transactions by any Federal department or agency.
certification was erroneous by reason of changed circumstances.
2.Where the prospective lower tier participant is unable to certify to
d.The terms "covered transaction," "debarred," "suspended," any of the statements in this certification, such prospective
"ineligible," "participant," "person," "principal," and "voluntarily participant shall attach an explanation to this proposal.
excluded,"as used in this clause,are defined in 2 CFR Parts 180
and 1200. You may contact the person to which this proposal is ....
submitted for assistance in obtaining a copy of those regulations.
"First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
and a participant(such as the prime or general contract). "Lower FOR LOBBYING
Tier Covered Transactions" refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts). This provision is applicable to all Federal-aid construction contracts
"First Tier Participant" refers to the participant who has entered and to all related subcontracts which exceed$100,000(49 CFR 20).
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1.The prospective participant certifies, by signing and submitting
this bid or proposal,to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee
of any Federal agency,a Member of Congress,an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any
Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant,
loan,or cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying,"in accordance with its instructions.
2.This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
3.The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of this
certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and
disclose accordingly.
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FEMALE AND M/ONORITY 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 Plumes; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA 6
175 Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties: 28.9
7120 Salinas-Seaside-Monterey, CA
CA Monterey 25.6
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA 19.6
176 CA Santa Clara,CA
7485 Santa Cruz, CA 14.9
CA Santa Cruz
7500 Santa Rosa 9.1
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solano
Non-SMSA Counties: 23.2
CA Lake;CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties: 16.1
177 6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo 14.3
Nan-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn;CA Nevada;CA Sierra; CA Sutter;CA Yuba
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA 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 6.1
CA Fresno
Non-SMSA Counties: 3.6
CA Kings; CA Madera; CA Tulare
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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.
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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:
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1. It is calculated to:
• Meet the your equal employment opportunity responsibilities
• Qualify the average apprentice or trainee for journeyman status in the classification
involved by the end of the training period
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 with in providing the training
2. Certification showing the type and length of training satisfactorily completed
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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,
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CONTRACTOR may request the United States to enter into such litigation to protect the
interests of the United States.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
2016 PAVEMENT REHABILITATION
CITY PROJECT NO. 16-01
APRIL 2016 AGREEMENT FORM-EXHIBIT"A"
37
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" * * *
2016 PAVEMENT REHABILITATION
CITY PROJECT NO. 16-01
APRIL 2016 AGREEMENT FORM-EXHIBIT"A"
38
ATTACHMENT 4
39
W W I LLDAN
June 13, 2016
Mr. Marcus Fuller, PE, PLS
Assistant City Manager/City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Proposal for Construction Engineering Services — 2016 Pavement Rehabilitation, City
Project No. 16-01
Dear Mr. Fuller:
Willdan Engineering is pleased to submit this proposal to provide professional construction engineering
services for the subject project. The project includes reconstruction and overlay of 2,000,000 SF of street
reconstruction, asphalt pulverization, concrete pavement, cement stabilization, asphalt overlay, utility
adjustments, repair of damaged pcc improvements, and other appurtenant work. It is our understanding the
project is to begin work around July 2016 and we have estimated approximately 90 working days to complete
the work.
It is our understanding the City is in need of the following:
1. Provide Construction Management
2. Provide Public Works Inspection
3. Provide Material Testing
Per your request, we have provided a detailed scope of work and our estimated fee.
SCOPE OF WORK
TASK#1 -Construction Management
1. Assist the City with public awareness and information program to keep residents and local stakeholders
advised of project status along with the impacts to traffic flow circulation, including answering questions
from the public about the project.
2. Prepare the construction file.
3. Ensure that the contractor distributes public construction notices and places construction and
information signs.
4. Prepare special concerns to be presented at the preconstruction conference.
Engineering and Planning I Energy Efficiency and Sustainability I Financial and Economic Consulting I National Preparedness and Interoperability
562.908.6200 1 600,499.4484 1 fax:562.695,2120 1 13191 Crossroads Parkway North,Suite 405,Industry,California 91746-3443 1 www.willdan.com
40
June 13, 2016
Page 2
5. Conduct meeting and prepare preconstruction meeting minutes and distribute to attendees.
6. Review contractor's safety program in consultation with City staff.
7. Through Willdan's system of project control, monitor activities related to the project such that the project
is constructed pursuant to contract documents, LAPM, and in a timely fashion.
8. Log, track, and process submittals, RFIs, RFCs, CCOs, field directives, NOPCs, Non-Conformance
Reports (NCRs), construction schedule, and detailed traffic control plan.
9. Closely review schedule and advise contractor to take action on schedule slippage.
10. Document contractor's 20-day notices, mechanic's liens, and stop notices.
11. Monitor and coordinate activities of design engineering support, surveying, testing, and work by utilities
or other agencies.
12. Prepare weekly statement of working days and submit to the contractor and the City.
13. Provide monthly progress report.
14. Establish and conduct weekly construction progress meetings to:
• Resolve all old business issues to the maximum extent possible
• Address all items of new business as presented by any party
• Review project schedule and address any deviations
• Review submittal log in terms of items needed and resubmittals required and review RFI, RFC,
CCO, NCR, and NOPC logs
• List status of construction items recently undertaken or ongoing
• List planned construction items for the next two weeks, usually known as the two-week look ahead
schedule
• Review SWPPP issues
• Review contractor's safety program
15. Prepare minutes for the weekly construction progress meeting.
16. Provide claims mitigation monitoring, including proactively applying foresight to discover unforeseen
conflicts prior to contractor encounter.
17. Evaluate and respond to the contractor's requests for clarification of plans and specifications.
18. Ensure that all questions, conflicts, and issues are immediately brought to the City's attention and
addressed with appropriate directives to the contractor.
19. Conduct special site meetings, when necessary, with the contractor and City staff to review job
progress, scheduling, and coordination.
20. Perform quantity, time, and cost analyses required for negotiation of contract changes.
41
COMPREHENSIVE. INNOVATIVE. TRUSTED.
June 13, 2016
Page 3
21. Negotiate and prepare change orders, including memorandum of explanation and cost estimates to
substantiate change order costs and provide to City for review.
22. Monitor and perform immediate and thorough analysis of validity of all potential claims that arise.
23. Maintain all data for change orders and record information with regard to the time of dispute, time of
notification by the contractor, and action taken by the inspector.
24. Monitor materials documentation and testing results and enforce corrections.
25. Review for approval the contractor's progress payment requests, including verifying LAPM compliance
status and impact on payment; negotiate differences over the amount with the contractor; and process
payments through the City's Project Manager.
26. Monitor preparation of a punch list at substantial completion and follow up.
27. Routinely review construction files to ensure conformance to City standards and good construction
management practice.
28. Ensure City received as-built set of drawings at completion.
29. Assist City with stop notices and release of retention.
30. Provide memorandum of clearance to issue the notice of completion.
31. Finalize and deliver all construction files and supplies to the City for their records.
TASK#2 -Construction Inspection
1. Review plans, specifications, and all other contract- and construction-related documents.
2. Conduct a field investigation of the project area to become familiar with the existing facilities and the
project environment.
3. Become familiar with traffic control plans, construction schedule, construction sequence, and permit
requirements from other agencies.
4. Verify that the contractor conforms to the design survey line and grades.
5. Attend weekly progress meetings with the resident engineer, contractor, and subcontractors.
6. Provide full-time and as-needed construction inspection, including night inspection, of the work to
monitor materials and methods for compliance with plans, specifications, and contract documents;
address and document non-conforming items as they are discovered.
4
COMPREHENSIVE. INNOVATIVE. TRUSTED. ;W
June 13, 2016
Page 4
7. Monitor compliance with Cal OSHA requirements and compliance with all local, state, and federal
regulations. Although Willdan will monitor the activities, it is the contractor's sole responsibility to
provide workers with a safe working environment.
8. Provide Willdan's labor compliance manager with federally-compliant labor and equipment reports,
labor classification interviews, and assist with certified payroll review.
9. Monitor compliance with the Clean Air Act and the Clean Water Act (National Pollutant Discharge
Elimination System — NPDES best management practices). Also, monitor the contractor's compliance
with approved SWPPP.
10. Meet with the contractor at the beginning of each day and review the proposed work plan, including
specific details that may affect progress.
11. Conduct daily measurements of quantities of work with the contractor.
12. Review actual contractor performance throughout the day and discuss discrepancies with the
contractor as they occur.
13. Assist in coordination of engineering support, surveying, specialty inspections, and fieldwork by utility
companies.
14. Ensure compliance of Underground Service Alert notification/delineation.
15. Evaluate the contractor's operation and production with respect to quality and progress and report to
the resident engineer.
16. Photograph continuous property frontages along the street alignment once prior to construction and
once immediately following construction. Maintain a photographic record of key elements of each major
operation of work each day, with increased detail in situations of potential changes or claims.
17. Closely monitor testing results and require the contractor to provide corrective measures to achieve
compliance.
18. Maintain copies of all permits needed to construct the project and enforce special requirements of each.
19. Prepare and maintain detailed daily diary inspector reports on construction progress.
20, Prepare clear and concise letters and memoranda, as needed. Establish a solid paper trail.
21. Maintain field file bound workbooks during construction, including a cumulative record of quantities
constructed, daily and weekly reports, working day reports, change order documentation, photographs,
and other documentation.
22. Review the construction schedule and enforce requirements for updating schedules and maintaining
appropriate progress of the work.
43
COMPREHENSIVE. INNOVATIVE. TRUSTED. 4W
June 13, 2016
Page 5
23. Analyze delays and review claims on a timely basis and make recommendations to the construction
manager.
24. Assist with the review and evaluation of change order work.
25. Provide complete measurements and calculations documented to administer progress payments.
26. Maintain and submit a clean set of plans marked in red for as-built corrections on record drawings to
be filed with the City. (City's design consultant will transfer the contractor's record drawings to original
Mylar drawings.)
27. Prepare a punch list at substantial completion and follow up with the contractor regarding progress of
corrections.
28. Schedule a final inspection with the City and applicable agencies; prepare, distribute, and inspect
corrections to the final punch list for completion; and recommend final acceptance.
29. Prepare documentation for final payment to the contractor.
30. Upon project completion, provide the finished set of project workbooks to the City.
TASK#3-'Geotechnical and Materials Testing
1. Review project plans and specifications.
2. Attend construction meeting, if needed.
3. Provide qualified Caltrans-certified soils technician for as-needed observation and testing during
subgrade preparation to perform as-needed field density tests and/or probing of subgrade to document
the quality of compaction for compliance with project specifications. The technician will also collect bulk
samples of pulverized material or proposed replacement soil and aggregate base samples for
maximum density testing and other as needed testing.
4. Provide qualified inspector to provide random monitoring of asphalt plant. (estimated 25 days of plant
inspection)
5. Provide asphalt compaction testing (estimated 50 days of asphalt paving)
6. Provide a qualified ACI-certified concrete technician for as-needed observation and testing of concrete
placement for areas with PCC pavement. The technician will perform field slump tests, including
temperature measurement and cast cylinders for later transport, curing, and compression testing.
7. Report/provide update of ongoing tests, including compression testing of concrete cylinders (i.e., 7-day
and off-schedule breaks)
8. Report laboratory test results, including 28-day break results for concrete cylinders.
44
COMPREHENSIVE. INNOVATIVE. TRUSTED. 4W
June 13, 2016
Page 6
9. Prepare and submit daily field testing and observation reports indicating information pertinent to the
observations performed and their compliance or non-compliance with project documents and
applicable codes. These will be provided to the City.
10, Provide technician coordination, dispatch, material engineering review, test reporting, quality
assurancelcontrol, and administrative support services.
11. Prepare a final project certification document, if requested, upon project completion. This document will
be prepared under the supervision of and signed by a California registered geotechnical engineer and
will include daily reports summarizing construction activities, conclusions, and results of all tests and
inspection. All non-conforming materials and steps taken to bring them into conformance will be noted.
FEE —See attached Exhibit "A"
Our proposed not-to-exceed fee for the Scope of Work identified above is $165,870.00.
Thank you for this opportunity to be of continuing service to the City of Palm Springs. We recognize the
importance of this project to the City and are committed to realizing its timely and successful completion.
Should you have any questions regarding this proposal, please contact Mr. Chris Baca at (562) 364-8198.
Respectfully submitted, Approval and Authorization to Proceed By:
WILLDAN ENGINEERING CITY OF PALM SPRINGS
L _ ,—Zs c
Chris Baca
Director of Construction Management Signature
Date
Enclosure
91005X06-1501P16-145 12852
45
COMPREHENSIVE. INNOVATIVE. TRUSTED. AW
City of Palm Springs
FEE PROPOSAL
FOR
CONSTRUCTION ENGINEERING SERVICES
2016 Pavement Rehabilitation
City Project No. 16-01
PUBLIC WORKS
TASK I CLASSIFICATION CONSTRUCTIO PUBLIC WORKS INSPECTOR MATERIAL Clerical TOTAL MISC. TOTAL COST
N MANAGER INSPECTOR (Assist With TESTING* LABOR EXPENSE
Paving)
TOTALS
PRE&POST CONSTRUCTION SERVICES 80 24 $14,840 S250 S15,090
TASK 1 -CONSTRUCTION MANAGEMENT 320 20 $50,580 $250 $50.830
TASK 2-PUBLIC WORKS INSPECTION i 1 7201 40 $79,800 $150 $79.950
TASK 3-MATERIAL TESTING $20,000.00 $0 $20,C00 S20 000
TOTALS 400 744 40 $20,000,00 20 $145,220 $20,650 $165,870
This notdo-exceed fee is based on a 90 working day contras.Additional services needed beyond the contract specified date of completion vAi be provided on a lime-and-material basis at Willdan's standard hourly rates.
'Includes 2 days of plant inspection.10 days of asphalt compaction testing,as-needed suugmde compaction tests,sample and gradation of pulvar¢ed material.
A
T
ATTACHMENT 5
47
AMENDMENT NO. 1
to the
INTERGOVERNMENTAL
MEMORANDUM OF UNDERSTANDING
By and Between
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
and
THE CITY OF PALM SPRINGS
Regarding
TRIBAL TRANSPORTATION PROGRAM FUNDING
for the
SECTION 14 ROADWAYS IMPROVEMENTS PROJECT
WHEREAS, the Agua Caliente Band of Cahuilla Indians (the "Tribe") is a
Federally-recognized Indian Tribe governing itself according to a Constitution and By-
Laws and exercising sovereign authority over the lands of the Agua Caliente Indian
Reservation, acting through its duly elected Tribal Council, subject to Federal law; and
WHEREAS, the City of Palm Springs (the "City), acting through its City Council,
is a political subdivision of the State of California, established pursuant to the
Constitution of the State of California; and
WHEREAS, on May 22, 2014, the Tribe and the City entered into a
Memorandum of Understanding (MOU) regarding the commitments of both parties to
complete the planning, design, and construction of the Section 14 Roadway
Improvements Project (the "Project"); and
WHEREAS, under the General Terms and Conditions of the MOU, it would
remain in effect until the Project is completed, or until September 30, 2016, whichever is
sooner, and
WHEREAS, to maximize economy of scale through reduced bid unit costs, the
City has implemented the Project in phases through the City's larger reoccurring annual
City-wide pavement rehabilitation projects; and
1 48
WHEREAS, on March 2, 2016, the City Council elected to solicit new competitive
bids for the 2016 Pavement Rehabilitation Project, which includes the final list of streets
to be resurfaced as part of the Project; and
WHEREAS, the construction of the 2016 Pavement Rehabilitation Project is
expected to begin in June 2016 and run through January 2017.
WHEREAS, the MOU provides that it may only be modified in writing, signed and
duly approved by both the Tribal Council and the City Council, and
WHEREAS, in accordance with such requirements, the Tribal and City Councils
have executed and delivered this Amendment No.1 to the MOU.
NOW THEREFORE, the Tribe and the City express their mutual understanding
and responsibilities as follows:
1. The Termination Date of the MOU is now September 30, 2017.
2. Except as modified by this Amendment No. 1 to the MOU, the Project
Commitments and General Terms and Conditions contained in the MOU remain as
stated in the MOU.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
2 49
IN WITNESS WHEREOF, the Tribe and the City have executed this Amendment No. 1
to the MOU as of the _day of July, 2016.
"TRIBE"
Agua Caliente Band of Cahuilla Indians
A Federally-Recognized Sovereign Indian Tribe
Jeff L. Grubbe
Tribal Council Chairman
Approved as to Form
General Counsel
"CITY"
City of Palm Springs
A California Municipal Corporation ATTEST
i
City Manager City Clerk
Approved as to Form
City Attorney
3 50
ATTACHMENT 6
5i
STATE OF CALIFORNIA-THE RESOURCES AGENCY
DEPARTMENT OF FISH AND GAME
ENVIRONMENTAL FILING FEE CASH RECEIPT
Receipt#: 201500192
State Clearinghouse#(if applicable):
Lead Agency: CITY OF PALM SPRINGS Late: 03/19/2015
County Agency ofFihng: Riverside Document No: 201500192
Project Title: 2015 PAVEMENT REHABILITATION PROJECT,CITY PROJECT NO 15-01
Project Applicant Name: CITY OF PALM SPRINGS Phone Number:" 760 322-8380
Project Applicant Address: 3200 E.TAHQUITZ CANYON PALM SPRINGS CA 92262
Project Applicant: Local Public Agency
CHECK APPLICABLE FEES:
❑Environmental Impact Report
❑Negative Declaration
❑Application Fee Water Diversion(State Water Resources Control Board Only)
❑Project Subject to Certified Regulatory Programs
0 County Administration Fee $50.00
❑Project that is exempt from fees(DFG No Effect Determination(Form Attached))
❑X Project that is exempt from fees(Notice of Exemption)
Total Received $50.00
Signature and title ofperson receiving payment:
Notes:
52
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): City of Palm Springs
P.O. Box 3044, Room 113 3200 E. Tahquitz Canyon Way
Sacramento, CA 95812-3044
Palm Springs,CA 92262
County Clerk IL,County of: Riverside (Address) R1VERSIOE
P.O.Box 751 O�Nry
Riverside,CA 92502-0751 MAR
s zor55
Project Title: 2015 Pavement Rehabilitation Project, City Project No. 15-01 P76RALDAIM
Project Applicant: City of Palm Springs �— dyer
1y
Project Location-Specific:
Various City streets as listed on Exhibit"A".
Project Location-City: Palm Springs Project Location -County: Riverside
Description of Nature, Purpose and Beneficiaries of Project:
Removal of existing asphalt concrete pavement of various City streets,and reconstruction with new asphalt
concrete pavement,including improvements to existing or new curb ramps to meet ADA standards. The
Project will improve deteriorated City streets for use by the general public.
Neg Ir arO ln, ;i
Name of Public Agency Approving Project:
City of Palm Springs Fi/ed n�NtcFn i1
Name of Person or Agency Carrying Out Project:City of Palm Springs OStFn 1 y SP
Exempt Status: (check one); Re AR 1 g "
CIO
❑ Ministerial (Sec.21080(b)(1); 15268); 8bmoyey; R p B YD19
❑ Declared Emergency (Sec.21080(b)(3); 15269(a));
❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c)); "Untyof,
IN Categorical Exemption.State type and section number: 15301 (c)Existing highwa and'stro$(erk- r,
❑ Statutory Exemptions. State code number: _
Reasons why project is exempt:
The Project consists of the repair and maintenance of existing City streets,involving negligible or no expansion
of use beyond that existing at the time of the City's determination. Therefore,the Project is considered
Categorically Exempt from CEQA pursuant to Section 15301(c)of the CEQA Guidelines.
Lead Agency Marcus Fuller (760) 322-8380
Contact Person: Area Code/Telephone/Extension:
If filed by applicant:
1. Attach certified document of x mption finding.
2. Hasa lice of Exemptio n filed by the public agency approving the project?, ❑ Yes ❑No
Signature: e: 2123/15 Title: Asst.City Manager
1.
O Signed by Lead Agency❑ Signed by Applicant
Authority cited:Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: -
Reference:Sections 21108,21152,and 21152.1,Public Resources Code.
Revised 2011 53
Jay Thompson
From: Paul Zak <paulinps@icloud.com>
Sent: Saturday,July 02, 2016 11:44 AM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors; 1R Roberts
Cc: David Ready;Jay Thompson
Subject: Several Matters before the Council
Dear Mr. Mayor and Members of the City Council:
I am writing in rfeerence to several matters which will be coming before you in the short-term. Unfortunately I
am unable to make Wednesday meetings, so I am writing instead, and wish my comments to be part of the
official record. These are not listed in order of importance.
Prayer at Council Meetings:
I think prayer should be abolished as a separate religious invocation. I believe in separation of Church
and State and I think having prayer at governmental meetings may confuse the separation, especially when
prayer is given a special place at the beginning of meetings. Also, with the recent spate of so-called "religious
freedom" bills being proposed and enacted around the country, we need to be doubly careful to preserve the
separation. Official prayers by official representatives of whatever faith community have no place at City
Council meetings. If someone during public comments wishes to offer a prayer, that is their right. It then
carries the weight of any other pubic comment.
Public restrooms and Transgender people:
I would advocate for all single person bathrooms at public facilities to be all gender, marked with
appropriate signage. I would also hope City Council would pass an ordinance that anyone doing business in
Palm Springs needs to make their single person bathroom all gender. For any facilities having multi-person
male and female bathroom designations, I also believe that transgender people should be able to use the
bathroom of the gender with which they identify, and I think City ordinances should mandate this.
City contracting:
The City of Palm Springs should be prohibited from contracting with entities that discriminate based on
race, religion, sexual orientation, gender identity, nationality, disability, etc. The prohibition should include
those who do not provide equal benefits to their employees and their spouses/domestic partners
Gun Safety:
The United States is out of hand with the availability of weapons. The interpretation of the Second
Amendment has run amok, and we need sensible gun legislation, such as the following:
1. universal background checks to purchase guns and/or ammunition;
2. a ban on assault weapons and high-capacity magazines;
3. a pro-active ability on the part of physicians, mental health professionals, police to ban those
considered a danger to self or others from having access to guns until such time as their status may change;
071e6l,9*14
1 3 .g5. 3• G. .3
4. the prohibition of people who are on the terror watch list and banned from flying from
buying/owning guns. I realize that the terror watch list can be inaccurate and that people need a right to due
process to clear their names. However, the principle of"no fly- no buy" remains valid.
5. a requirement that guns have locks, to keep guns locked if not in the owner's control
6. a requirement to report lost or stolen guns to police within 48 hours of when the owner knew or
should have known of the theft.
Vacation Rentals:
I think the City should impose a moratorium on issuing permits for additonal vacation rentals until
March 2017. This issue needs to be studied more in terms of density of vacation rentals in neighborhoods, how
effective current enforcement is and where the gaps are; the possibility of stricter financial penalties for abuse
of City ordinances (noise, parking, etc); compliance with ADA regulations.
I realize that vacation rentals bring in TOT. Once that is mentioned it seems many people want to end
the conversation. But quality of life in our neighborhoods trumps TOT from vacation in rentals, in my
opinion. But, I do not believe it has to be "either-or." To find solutions will take some time and issuing the
moratorium gives some breathing space to come up with solutions which might be better for Palm
Springs. Anaheim has banned all vacation rentals because of their proliferation and associated problems. I do
not think we necessarily want to get to that point but the status quo is not sufficient to allow us permanent Palm
Springs residents to enjoy the quiet use of our property in a real neighborhood, not one transformed into mini-
motels with a constant influx of strangers who have no investment in the neighborhood.
Thank you.
Sincerely,
Paul Zak
2177 Paseo Roseta
Palm Springs, CA 92262
paulinpsna,icloud.com
2