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HomeMy WebLinkAbout4/20/2016 - STAFF REPORTS - 2.G. 40�?ALM S.. �Z e u a Pb.PiF cq4 FORN,P City Council Staff Report DATE: April 20, 2016 CONSENT CALENDAR SUBJECT: AWARD A CONSTRUCTION CONTRACT TO CT&T CONCRETE PAVING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $51,988 FOR THE CITYWIDE ADA CURB RAMP IMPROVEMENTS PROJECT, CITY PROJECT NO. 15-18 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 new curb ramp improvements, identified as City Project 15-18, to meet Americans with Disabilities Act standards pursuant to a grant awarded and received by the City through the Community Development Block Grant (CDBG) for Fiscal Year 2015/2016. RECOMMENDATION: 1. Award a construction contract (Agreement No. ) to CT&T Concrete Paving, Inc., a California Corporation, in the amount of $51,988 for the Citywide ADA Curb Ramp Improvements Project, City Project No. 15-18; and 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On April 1, 2015, as part of the Annual Action Plan and CDBG budget approval, City Council approved authorization to submit to the United States Department of Housing and Urban Development Grant in the amount of $343,175 for various projects within the City of Palm Springs. The City of Palm Springs Public Works and Engineering Department's Citywide ADA Curb Ramp and Sidewalk improvements projects was one of these projects selected, approved, and awarded $50,000 of CDBG funding. Public Works and Engineering Department field selected several locations identified below in Figure 1 representing an estimated $50,000 of construction that included ramp reconstruction and modifications. Project locations were limited to areas of Moderate to Low Income Areas in accordance with CDBG guidelines, and staff identified sidewalks in areas that were most heavily used by pedestrian traffic located near the Palm Springs ITEM NO. City Council Staff Report April 20, 2016-- Page 2 Award CPI 5-18, ADA Curb Ramp Improvements (CDBG Funds) High School and Sunrise Plaza where the library, swim center, and skate park are located. A Vicinity Map identifying a 500' radius sphere of influence is also provided as Attachment 1 for your reference. The project includes reconstruction of 10 existing curb ramps, and modification of 12 existing curb ramps as shown in Figure 1. HARISTO ROAD �2 0 0E 00 ®p] 00 � 0 ° ?ALGA S�RINCS LIBRARY ® a_ HIGH SCHOOL © w Q ` v LLI RAMON ROAD J w Z Ir Q U! VICINITY MAP 2 . NOT TC SCALE CITY PRCJECT NO. 15-18 FROV 0 TO © CURB RAMP RECONSTRUCTION FROM (D TO tz CURB RAMP MODIFICATION (TRJNCATED DOMES) FIGURE 1 02 City Council Staff Report April 20, 2016-- Page 3 Award CP15-18, ADA Curb Ramp Improvements (CDBG Funds) The total estimated cost of the project was less than $100,000 and did not require the City Council's prior approval to bid. The contract bid documents were prepared by staff, and the project was advertise in the Desert Sun on March 5 and March 12, 2016. Subsequently, on April 5, 2016, the Procurement and Contracting Division received three construction bids from the following contractors listed in Table 1. Company Location Bid Amount CT&T Concrete Paving, Inc. Diamond Bar, CA $51,988.00 Westcon Construction Group Indio, CA $62,560.00 Tri-Star Contracting II, Inc. Desert Hot Springs, CA $69,083.60 Table 1 The engineer's estimate range was $50,000 and the lowest bid is within that range. A full bid summary is included as Attachment 2. Bid Analysis As part of the City's normal bid review process, staff reviewed all of the bid documents submitted by the apparent low bidder, CT&T Concrete Paving, Inc., (CT&T), to ensure compliance with the Instructions to Bidders. 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 CT&T, is registered with the DIR, and is appropriately licensed. CT&T, of Diamond Bar, California, submitted the lowest responsive bid; staff reviewed the bid and contractor's license, and found CT&T to be properly licensed and qualified. A construction contract with CT&T Concrete Paving, Inc. 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. However, Section 7.09.030 does not apply to projects that receive state or federal funding which preclude the application of local preferences. 03 City Council Staff Report April 20, 2016 -- Page 4 Award CP15-18, ADA Curb Ramp Improvements (CDBG Funds) 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 (c) projects consisting of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities which include curb ramps are considered exempt because the project involves negligible or no expansion of an existing use; therefore, the Citywide ADA Curb Ramp Improvements, City Project No. 15-18, is considered categorically exempt from CEQA, and a Notice of Exemption has been prepared and filed with the Riverside County Clerk. A copy of the Notice of Exemption is included as Attachment 4. FISCAL IMPACT: The City of Palm Springs Department of Public Works and Engineering was awarded $50,000 from the CDBG program for the Citywide ADA Curb Ramp Improvements for the 2015/2016 fiscal year. The project is anticipated to be completed, invoiced, and paid to the contractor prior to the June 30, 2016, meeting program guidelines. Staff is recommending that Gas Tax (Fund 133) be used to supplement the project since inspection time, contingency, and the construction contract amount will exceed the available CDBG funds. Sufficient funding was previously budgeted and appropriated in the Gas Tax Fund for curb, gutter, and sidewalk improvements and is available for the project. Table 2 summarizes the available budget and expenditures. Table of Project Costs Amount FY 15/16 CDBG Fund (137) $50,000 Gas Tax 133 —ADA Curb Ramp Repair $15,000 Project Administration (through 4/11/2015 ($3,541 Construction Inspection Estimated $3,000 Construction Contract $51,988 Contingency (10%) ($5,200 Remaining Balance $1,271 Table 2 04 City Council Staff Report April 20, 2016-- Page 5 Award CP15-18, ADA Curb Ramp Improvements (CDBG Funds) Sufficient funds are available in the following accounts to award the construction contract to CT&T Concrete Paving, Inc. in the amount of$51,988. CDBG Fund, Account 137-4817-63597; $46,459.20 Gas Tax Fund, Account 133-4298-50251; $5,528.80 SUBMITTED: Prepared by: Approved by: uA Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Es . Assistant City Manager/City Engineer City Manager Attachments: 1. Vicinity Map 2. Bid Summary 3. Construction Contract 4. CEQA - NOE 05 ATTACHMENT 1 06 1 r _ fbA _ E'Ta uitifanyon.Way_: — •.-,-; r wp '.. ,. r W 4S t �•9 � w�. j n + ram t �... a pff Rod o � E I ��f:: � • s• +wl Y� K Y +jF N i E Ra mnn Rd . In r i•�!,�; i'; ��/� � ��� s # 'ffi t ) TF Lek }ZEN iIN 21 "a9 "�7�x E ca o pa aura (1A r J �! le■ � I lr• 8 00 Distance from Project ATTACHMENT 2 . 08 CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 BID SUMMARY Bid Opening: April 5, 2016 BID SCHEDULE A CT&T CONCRETE PAVING INC. WESTCON CONSTRUCTION TRI-STAR CONTRACTING 11, QUANT. UNIT GROUP INC. BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL 1 Mobilization 1 LS $2,500.00 $2,500.00 $5,600.00 $5,600.00 $5,320.00 $5,320.00 2 Temporary Traffic Control 1 LS $3,500.00 $3,500.00 $5,580.00 $5,580.00 $6,440.00 $6,440.00 3 Remove and Reconstruct Existing Curb 70 CY $530.00 $37,100.00 $570.00 $39,900.00 $622.20 $43,554.00 Ramps(Type A, Type B, or Type C) 4 Modify Existing Curb Ramp (Furnish and 144 SF $27.00 $3,888.00 $45.00 $6,480.00 $60.90 $8,769.60 Install Truncated Domes) 5 Field Orders 1 LS $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 TOTAL= $51,988.00 TOTAL= $62,560.00 TOTAL= $69,083.60 1 2 3 c co ATTACHMENT 3 10 AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this day of 2016, 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 CT&T Concrete Paving, Inc., a California Corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 The Work comprises reconstruction of existing curb ramps and upgrade of nonconforming curb ramps at the locations listed in the Appendix. 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. CITYWIDE ADA CURB RAMP IMPROVEMENTS Agreement Page 1 CITY PROJECT NO. 15-18 DATE:FEBRUARY 2016 1 1 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 Fifty One Thousand Nine Hundred Eighty-Eight Dollars ($51,988). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages, the accepted Bid and Bid Schedule, List of Subcontractors, Non- collusion Declaration, Equal Employment Opportunity Certification, Debarment and Suspension Certification, Non-Lobbying Certification for Federal-Aid Contracts, Disclosure of Lobbying Activities, Bid Security or Bid Bond, Bidder's General Information, Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232 Statement, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, Addenda number 01 to 01, 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. CITYWIDE ADA CURB RAMP IMPROVEMENTS Agreement Page 2 CITY PROJECT NO. 15-16 DATE: FEBRUARY 2016 12 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. CITYWIDE ADA CURB RAMP IMPROVEMENTS Agreement Page 3 CITY PROJECT NO. 15-18 DATE:FEBRUARY 2016 13 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 CITYWIDE ADA CURB RAMP IMPROVEMENTS Agreement Page 4 CITY PROJECT NO, 15-18 DATE:FEBRUARY 2016 14 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CONTRACTOR CALIFORNIA By: CT&T Concrete Paving, Inc. By David H. Ready City Manager ATTEST: By: Signature (notarized) BY Name: James Thompson City Clerk Title: APPROVED AS TO FORM: B Y By. Douglas Holland Signature (notarized) City Attorney RECOMMENDED: Name: By Title: Marcus L. Fuller, Assistant City Manager/City Engineer APPROVED BY THE CITY COUNCIL: Date Agreement No. CITYWIDE ADA CURB RAMP IMPROVEMENTS Agreement Page 5 CITY PROJECT NO. 15-18 DATE:FEBRUARY 2016 5 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 CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM-EXHIBIT"A" DATE:FEBRUARY 2016 FHWA-1273-- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General The provisions of this section related to 23 CFR Part 230 are applicable II. Nondiscrimination to all Federal-aid construction contracts and to all related construction Ill. Nonsegregated Facilities subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are IV. Davis-Bacon and Related Act Provisions not applicable to material supply, engineering, or architectural service V. Contract Work Hours and Safety Standards Act Provisions contracts. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention In addition, the contractor and all subcontractors must comply with the Vill. False Statements Concerning Highway Projects following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- IX. Implementation of Clean Air Act and Federal Water Pollution 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as Control Act amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as X. Compliance with Govemmentwide Suspension and Debarment amended,and related regulations including 49 CFR Parts 21,26 and 27; Requirements and 23 CFR Parts 200,230,and 633. XI. Certification Regarding Use of Contract Funds for Lobbying The contractor and all subcontractors must comply with: the ATTACHMENTS requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and, for all construction contracts exceeding $10,000, the Standard Federal A. Employment and Materials Preference for Appalachian Development Equal Employment Opportunity Construction Contract Specifications in Highway System or Appalachian Local Access Road Contracts(included 41 CFR 60-4.3. in Appalachian contracts only) Note:The U.S.Department of Labor has exclusive authority to determine L GENERAL compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting 1. Form FHWA-1273 must be physically incorporated in each agency and the FHWA have the authority and the responsibility to construction contract funded under Title 23 (excluding emergency ensure compliance with Title 23 USC Section 140,the Rehabilitation Act contracts solely intended for debris removal). The contractor (or of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of subcontractor) must insert this form in each subcontract and further 1964, as amended, and related regulations including 49 CFR Parts 21, require its inclusion in all lower tier subcontracts (excluding purchase 26 and 27;and 23 CFR Parts 200,230,and 633. orders, rental agreements and other agreements for supplies or services). The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US The applicable requirements of Form FHWA-1273 are incorporated by DOL)and FHWA requirements, reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible 1. Equal Employment Opportunity: Equal employment opportunity for compliance by any subcontractor, lower-tier subcontractor or service (EEO)requirements not to discriminate and to take affirmative action to provider. assure equal opportunity as set forth under laws,executive orders,rules, regulations(28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 Form FHWA-1273 must be included in all Federal-aid design-build and 49 CFR 27)and orders of the Secretary of Labor as modified by the contracts, in all subcontracts and in lower tier subcontracts (excluding provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 subcontracts for design services, purchase orders, rental agreements shall constitute the EEO and specific affirmative action standards for the and other agreements for supplies or services). The design-builder shall contractor's project activities under this contract. The provisions of the be responsible for compliance by any subcontractor, lower-tier Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set subcontractor or service provider. forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract,the contractor agrees to Contracting agencies may reference Form FHWA-1273 in bid proposal comply with the following minimum specific requirement activities of or request for proposal documents,however,the Form FHWA-1273 must EEO: be physically incorporated(not referenced)in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental a.The contractor will work with the contracting agency and the Federal agreements and other agreements for supplies or services related to a Government to ensure that it has made every good faith effort to provide construction contract). equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the b. The contractor will accept as its operating policy the following contract by the contractor's own organization and with the assistance of statement: workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by "It is the policy of this Company to assure that applicants are subcontract. employed,and that employees are treated during employment,without regard to their race, religion, sex, color, national origin, age or 3. A breach of any of the stipulations contained in these Required disability. Such action shall include: employment. upgrading, Contract Provisions may be sufficient grounds for withholding of progress demotion, or transfer; recruitment or recruitment advertising; layoff or payments, withholding of final payment, termination of the contract, termination;rates of pay or other forms of compensation;and selection suspension/debarment or any other action determined to be appropriate for training, including apprenticeship, pre-apprenticeship, and/or on- by the contracting agency and FHWA. the-job training." 4. Selection of Labor: During the performance of this contract, the 2. EEO Officer: The contractor will designate and make known to the contractor shall not use convict labor for any purpose within the limits of contracting officers an EEO Officer who will have the responsibility for a construction project on a Federal-aid highway unless it is labor and must be capable of effectively administering and promoting an performed by convicts who are on parole, supervised release, or active EEO program and who must be assigned adequate authority and probation. The term Federal-aid highway does not include roadways responsibility to do so. functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM—EXHIBIT W' DATE: FEBRUARY 2016 PAGE 2 17 3. Dissemination of Policy: All members of the contractors staff b.The contractor will periodically evaluate the spread of wages paid who are authorized to hire, supervise, promote, and discharge within each classification to determine any evidence of employees,or who recommend such action,or who are substantially discriminatory wage practices. involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual c. The contractor will periodically review selected personnel actions responsibilities to provide EEO in each grade and classification of in depth to determine whether there is evidence of discrimination. employment. To ensure that the above agreement will be met, the Where evidence is found, the contractor will promptly take following actions will be taken as a minimum: corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action a.Periodic meetings of supervisory and personnel office employees shall include all affected persons. will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO d. The contractor will promptly investigate all complaints of alleged policy and its implementation will be reviewed and explained. The discrimination made to the contractor in connection with its meetings will be conducted by the EEO Officer. obligations under this contract, will attempt to resolve such complaints, and will lake appropriate corrective action within a b.All new supervisory or personnel office employees will be given a reasonable time. If the investigation indicates that the thorough indoctrination by the EEO Officer, covering all major discrimination may affect persons other than the complainant, aspects of the contractors EEO obligations within thirty days such corrective action shall include such other persons. Upon following their reporting for duty with the contractor. completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. c.All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's 6.Training and Promotion: procedures for locating and hiring minorities and women. a.The contractor will assist in locating,qualifying,and increasing the d. Notices and posters setting forth the contractor's EEO policy will skills of minorities and women who are applicants for employment be placed in areas readily accessible to employees, applicants for or current employees. Such efforts should be aimed at employment and potential employees. developing full journey level status employees in the type of trade orjob classification involved. e.The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by b.Consistent with the contractor's work force requirements and as means of meetings, employee handbooks, or other appropriate permissible under Federal and State regulations, the contractor means. shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract 4.Recruitment:When advertising for employees,the contractor will performance. In the event a special provision for training is include in all advertisements for employees the notation: "An Equal provided under this contract, this subparagraph will be Opportunity Employer." All such advertisements will be placed in superseded as indicated in the special provision. The contracting publications having a large circulation among minorities and women agency may reserve training positions for persons who receive in the area from which the project work force would normally be welfare assistance in accordance with 23 U.S.C. 140(a). derived. c. The contractor will advise employees and applicants for a.The contractor will, unless precluded by a valid bargaining employment of available training programs and entrance agreement, conduct systematic and direct recruitment through requirements for each. public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the d.The contractor will periodically review the training and promotion contractor will identify sources of potential minority group potential of employees who are minorities and women and will employees,and establish with such identified sources procedures encourage eligible employees to apply for such training and whereby minority and women applicants may be referred to the promotion. contractor for employment consideration. 7.Unions: If the contractor relies in whole or in part upon unions as b. In the event the contractor has a valid bargaining agreement a source of employees, the contractor will use good faith efforts to providing for exclusive hiring hall referrals, the contractor is obtain the cooperation of such unions to increase opportunities for expected to observe the provisions of that agreement to the minorities and women. Actions by the contractor, either directly or extent that the system meets the contractors compliance with through a contractor's association acting as agent, will include the EEO contract provisions. Where implementation of such an procedures set forth below: agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such a. The contractor will use good faith efforts to develop, in implementation violates Federal nondiscrimination provisions. cooperation with the unions,joint training programs aimed toward qualifying more minorities and women for membership in the c. The contractor will encourage its present employees to refer unions and increasing the skills of minorities and women so that minorities and women as applicants for employment. Information they may qualify for higher paying employment. and procedures with regard to referring such applicants will be discussed with employees. b.The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will 5. Personnel Actions: Wages, working conditions, and employee be contractually bound to refer applicants without regard to their benefits shall be established and administered, and personnel race,color,religion,sex,national origin,age or disability. actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without c. The contractor is to obtain information as to the referral practices regard to race, color, religion, sex, national origin, age or disability. and policies of the labor union except that to the extent such The following procedures shall be followed: information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the a.The contractor will conduct periodic inspections of project sites to contractor,the contractor shall so certify to the contracting agency insure that working conditions and employee facilities do not and shall set forth what efforts have been made to obtain such indicate discriminatory treatment of project site personnel. information. CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-16 AGREEMENT FORM—EXHIBIT"A" DATE: FEBRUARY 2016 PAGE 3 18 d. In the event the union is unable to provide the contractor with a by the contract work. This information is to be reported on Form reasonable flow of referrals within the time limit set forth in the FHWA-1391. The staffing data should represent the project work collective bargaining agreement, the contractor will, through force on board in all or any part of the last payroll period independent recruitment efforts, fill the employment vacancies preceding the end of July. If on-the-job training is being required without regard to race, color, religion, sex, national origin, age or by special provision,the contractor will be required to collect and disability; making full efforts to obtain qualified and/or qualifiable report training data. The employment data should reflect the work minorities and women. The failure of a union to provide sufficient force on board during all or any part of the last payroll period referrals(even though it is obligated to provide exclusive referrals preceding the end of July. under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In III.NONSEGREGATED FACILITIES the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as This provision is applicable to all Federal-aid construction contracts amended, and these special provisions, such contractor shall and to all related construction subcontracts of$10,000 or more. immediately notify the contracting agency. The contractor must ensure that facilities provided for employees 8.Reasonable Accommodation for Applicants/Employees with are provided in such a manner that segregation on the basis of race, Disabilities: The contractor must be familiar with the requirements color, religion, sex, or national origin cannot result. The contractor for and comply with the Americans with Disabilities Act and all rules may neither require such segregated use by written or oral policies and regulations established there under. Employers must provide nor tolerate such use by employee custom. The contractors reasonable accommodation in all employment activities unless to do obligation extends further to ensure that its employees are not so would cause an undue hardship. assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term 9. Selection of Subcontractors, Procurement of Materials and "facilities"includes waiting rooms,work areas,restaurants and other Leasing of Equipment:The contractor shall not discriminate on the eating areas,time clocks, restrooms,washrooms,locker rooms,and grounds of race, color, religion, sex, national origin, age or disability other storage or dressing areas, parking lots, drinking fountains, in the selection and retention of subcontractors, including recreation or entertainment areas, transportation, and housing procurement of materials and leases of equipment. The contractor provided for employees. The contractor shall provide separate or shall take all necessary and reasonable steps to ensure single-user restrooms and necessary dressing or sleeping areas to nondiscrimination in the administration of this contract. assure privacy between sexes. a.The contractor shall notify all potential subcontractors and IV. DAVIS-BACON AND RELATED ACT PROVISIONS suppliers and lessors of their EEO obligations under this contract. b.The contractor will use good faith efforts to ensure subcontractor This section is applicable to all Federal-aid construction projects compliance with their EEO obligations. exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements 10.Assurance Required by 49 CFR 26.13(b): apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes a.The requirements of 49 CFR Part 26 and the State DOT's U.S. roadways functionally classified as local roads or rural minor DOT-approved DBE program are incorporated by reference. collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. b.The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this The following provisions are from the U.S. Department of Labor contract. The contractor shall carry out applicable requirements regulations in 29 CFR 5.5 "Contract provisions and related matters' of 49 CFR Part 26 in the award and administration of DOT- with minor revisions to conform to the FHWA-1273 format and assisted contracts. Failure by the contractor to carry out these FHWA program requirements. requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as 1. Minimum wages the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records a.All laborers and mechanics employed or working upon the site of as necessary to document compliance with the EEO requirements. the work,will be paid unconditionally and not less often than once Such records shall be retained for a period of three years following a week, and without subsequent deduction or rebate on any the date of the final payment to the contractor for all contract work account (except such payroll deductions as are permitted by and shall be available at reasonable times and places for inspection regulations issued by the Secretary of Labor under the Copeland by authorized representatives of the contracting agency and the Act (29 CFR part 3)), the full amount of wages and bona fide FHWA. fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the a.The records kept by the contractor shall document the following: wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual (1)The number and work hours of minority and non-minority group relationship which may be alleged to exist between the contractor members and women employed in each work classification on and such laborers and mechanics. the project; (2)The progress and efforts being made in cooperation with Contributions made or costs reasonably anticipated for bona fide unions,when applicable,to increase employment opportunities fringe benefits under section 1(b)(2) of the Davis-Bacon Act on for minorities and women;and behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph 1.d.of (3)The progress and efforts being made in locating, hiring, this section; also, regular contributions made or costs incurred for training,qualifying,and upgrading minorities and women; more than a weekly period(but not less often than quartedy)under plans, funds, or programs which cover the particular weekly period, b.The contractors and subcontractors will submit an annual report are deemed to be constructively made or incurred during such to the contracting agency each July for the duration of the project, weekly period. Such laborers and mechanics shall be paid the indicating the number of minority,women,and non-minority group appropriate wage rate and fringe benefits on the wage determination employees currently engaged in each work classification required for the classification of work actually performed, without regard to skill,except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO.15-18 AGREEMENT FORM—EXHIBIT"A" DATE:FEBRUARY 2016 PAGE 4 19 performing work in more than one classification may be may require the contractor to set aside in a separate account compensated at the rate specified for each classification for the time assets for the meeting of obligations under the plan or program. actually worked therein: Provided, that the employers payroll records accurately set forth the time spent in each classification in 2 Withholding which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph lb.of this section)and the Davis-Bacon poster(WH-1321)shall be The contracting agency shall upon its own action or upon written posted at all times by the contractor and its subcontractors at the request of an authorized representative of the Department of Labor, site of the work in a prominent and accessible place where it can be withhold or cause to be withheld from the contractor under this easily seen by the workers. contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- b.(1)The contracting officer shall require that any class of laborers Bacon prevailing wage requirements, which is held by the same or mechanics, including helpers, which is not listed in the wage prime contractor, so much of the accrued payments or advances as determination and which is to be employed under the contract may be considered necessary to pay laborers and mechanics, shall be classified in conformance with the wage determination. including apprentices, trainees, and helpers, employed by the The contracting officer shall approve an additional classification contractor or any subcontractor the full amount of wages required by and wage rate and fringe benefits therefore only when the the contract. In the event of failure to pay any laborer or mechanic, following criteria have been met: including any apprentice,trainee,or helper, employed or working on the site of the work,all or part of the wages required by the contract, (i) The work to be performed by the classification requested is not the contracting agency may, after written notice to the contractor, performed by a classification in the wage determination;and take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such (ii)The classification is utilized in the area by the construction violations have ceased. industry;and 3. Payrolls and basic records (iii)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates a. Payrolls and basic records relating thereto shall be maintained by contained in the wage determination. the contractor during the course of the work and preserved for a (2) If the contractor and the laborers and mechanics to be period of three years thereafter for all laborers and mechanics employed in the classification(if known), or their representatives, working at the site of the work. Such records shall contain the and the contracting officer agree on the classification and wage name, address, and social security number of each such worker, rate (including the amount designated for fringe benefits where his or her correct classification, hourly rates of wages paid appropriate), a report of the action taken shall be sent by the (including rates of contributions or costs anticipated for bona fide contracting officer to the Administrator of the Wage and Hour fringe benefits or cash equivalents thereof of the types described Division, Employment Standards Administretion, U.S. Department in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly of Labor, Washington, DC 20210. The Administrator, or an number of hours worked, deductions made and actual wages authorized representative, will approve, modify, or disapprove paid. Whenever the Secretary of Labor has found under 29 CFR every additional classification action within 30 days of receipt and 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the so advise the contracting officer or will notify the contracting amount of any costs reasonably anticipated in providing benefits officer within the 30-day period that additional time is necessary. under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which (3) In the event the contractor, the laborers or mechanics to be show that the commitment to provide such benefits is employed in the classification or their representatives, and the enforceable, that the plan or program is financially responsible, contracting officer do not agree on the proposed classification and and that the plan or program has been communicated in writing to wage rate (including the amount designated for fringe benefits, the laborers or mechanics affected, and records which show the where appropriate), the contracting officer shall refer the costs anticipated or the actual cost incurred in providing such questions, including the views of all interested parties and the benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour registration of apprenticeship programs and certification of trainee Administrator, or an authorized representative, will issue a programs, the registration of the apprentices and trainees, and determination within 30 days of receipt and so advise the the ratios and wage rates prescribed in the applicable programs. contracting officer or will notify the contracting officer within the b.(1)The contractor shall submit weekly for each week in which any 30-day period that additional time is necessary. contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and (4) The wage rate (including fringe benefits where appropriate) completely all of the information required to be maintained under determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this 29 CFR 5.5(a)(3)(i), except that full social security numbers and section, shall be paid to all workers performing work in the home addresses shall not be included on weekly transmittals. classification under this contract from the first day on which work Instead the payrolls shall only need to include an individually is performed in the classification. identifying number for each employee(e.g. ,the last four digits of the employee's social security number). The required weekly c. Whenever the minimum wage rate prescribed in the contract for a payroll information may be submitted in any form desired. class of laborers or mechanics includes a fringe benefit which is Optional Form WH-347 is available for this purpose from the not expressed as an hourly rate, the contractor shall either pay Wage and Hour Division Web site at the benefit as stated in the wage determination or shall pay http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor another bona fide fringe benefit or an hourly cash equivalent site. The prime contractor is responsible for the submission of thereof. copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and d.If the contractor does not make payments to a trustee or other current address of each covered worker, and shall provide them third person,the contractor may consider as part of the wages of upon request to the contracting agency for transmission to the any laborer or mechanic the amount of any costs reasonably State DOT, the FHWA or the Wage and Hour Division of the anticipated in providing bona fide fringe benefits under a plan or Department of Labor for purposes of an investigation or audit of program, Provided, That the Secretary of Labor has found, upon compliance with prevailing wage requirements. It is not a violation the written request of the contractor,that the applicable standards of this section for a prime contractor to require a subcontractor to of the Davis-Bacon Act have been met. The Secretary of Labor provide addresses and social security numbers to the prime CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM—EXHIBIT"A" DATE:FEBRUARY 2016 PAGE 5 20 contractor for its own records, without weekly submission to the the contractor as to the entire work force under the registered contracting agency. program.Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall (2)Each payroll submitted shall be accompanied by a"Statement be paid not less than the applicable wage rate on the wage of Compliance," signed by the contractor or subcontractor or his determination for the classification of work actually performed. In or her agent who pays or supervises the payment of the persons addition,any apprentice performing work on the job site in excess of employed under the contract and shall certify the following: the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the (i) That the payroll for the payroll period contains the work actually performed. Where a contractor is performing information required to be provided under §5.5 (a)(3)(5) of construction on a project in a locality other than that in which its Regulations, 29 CFR part 5, the appropriate information is program is registered, the ratios and wage rates (expressed in being maintained under§5.5 (a)(3)(i) of Regulations, 29 CFR percentages of the journeyman's hourly rate) specified in the part 5,and that such information is correct and complete; contractors or subcontractors registered program shall be observed. (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the Every apprentice must be paid at not less than the rate specified in payroll period has been paid the full weekly wages earned, the registered program for the apprentice's level of progress, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from expressed as a percentage of the journeymen hourly rate specified the full wages earned,other than permissible deductions as set in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the forth in Regulations,29 CFR part 3; apprenticeship program. If the apprenticeship program does not (iii)That each laborer or mechanic has been paid not less than specify fringe benefits, apprentices must be paid the full amount of the applicable wage rates and fringe benefits or cash fringe benefits listed on the wage determination for the applicable equivalents for the classification of work performed, as classification. If the Administrator determines that a different practice specified in the applicable wage determination incorporated prevails for the applicable apprentice classification, fringes shall be into the contract. paid in accordance with that determination. (3)The weekly submission of a property executed certification set In the event the Office of Apprenticeship Training, Employer and forth on the reverse side of Optional Form WH-347 shall satisfy Labor Services,or a State Apprenticeship Agency recognized by the the requirement for submission of the "Statement of Compliance" Office, withdraws approval of an apprenticeship program, the required by paragraph 3.b.(2)of this section. contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until (4)The falsification of any of the above certifications may subject an acceptable program is approved. the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the b.Trainees(programs of the USDOL). United States Code. c. The contractor or subcontractor shall make the records required Except as provided in 29 CFR 5.16,trainees will not be permitted to under paragraph 3.a. of this section available for inspection, work at less than the predetermined rate for the work performed copying, or transcription by authorized representatives of the unless they are employed pursuant to and individually registered in contracting agency, the Slate DOT, the FHWA, or the a program which has received prior approval, evidenced by formal Department of Labor, and shall permit such representatives to certification by the U.S. Department of Labor, Employment and interview employees during working hours on the job. If the Training Administration. contractor or subcontractor fails to submit the required records or to make them available,the FHWA may,after written notice to the The ratio of trainees to journeymen on the job site shall not be contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any greater than permitted under the plan approved by the Employment further payment, advance, or guarantee of funds. Furthermore, and Training Administration. failure to submit the required records upon request or to make such records available may he grounds for debarment action Every trainee must be paid at not less than the rate specified in the pursuant to 29 CFR 5.12. approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable 4. Apprentices and trainees wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the a.Apprentices(programs of the USDOL). full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines Apprentices will be permitted to work at less than the predetermined that there is an apprenticeship program associated with the rate for the work they performed when they are employed pursuant corresponding journeyman wage rate on the wage determination to and individually registered in a bona fide apprenticeship program which provides for less than full fringe benefits for apprentices. Any registered with the U.S. Department of Labor, Employment and employee listed on the payroll at a trainee rate who is not registered Training Administration, Office of Apprenticeship Training, Employer and participating in a training plan approved by the Employment and and Labor Services, or with a State Apprenticeship Agency Training Administration shall be paid not less than the applicable recognized by the Office,or if a person is employed in his or her first wage rate on the wage determination for the classification of work 90 days of probationary employment as an apprentice in such an actually performed. In addition, any trainee performing work on the apprenticeship program, who is not individually registered in the job site in excess of the ratio permitted under the registered program program,but who has been certified by the Office of Apprenticeship shall be paid not less than the applicable wage rate on the wage Training, Employer and Labor Services or a State Apprenticeship determination for the work actually performed. Agency (where appropriate) to be eligible for probationary employment as an apprentice. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be The allowable ratio of apprentices to journeymen on the job site in permitted to utilize trainees at less than the applicable any craft classification shall not be greater than the ratio permitted to predetermined rate for the work performed until an acceptable program is approved. CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM—EXHIBIT"A" DATE:FEBRUARY 2016 PAGE 6 21 c. Equal employment opportunity. The utilization of apprentices, 1. Overtime requirements. No contractor or subcontractor trainees and journeymen under this part shall be in conformity contracting for any part of the contract work which may require or with the equal employment opportunity requirements of Executive involve the employment of laborers or mechanics shall require or Order 11246,as amended,and 29 CFR part 30. permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in d.Apprentices and Trainees(programs of the U.S.DOT). such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the Apprentices and trainees working under apprenticeship and skill basic rate of pay for all hours worked in excess of forty hours in such training programs which have been certified by the Secretary of workweek. Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements 2.Violation; liability for unpaid wages; liquidated damages. In of paragraph 4 of this Section IV. The straight time hourly wage the event of any violation of the clause set forth in paragraph(1.)of rates for apprentices and trainees under such programs will be this section, the contractor and any subcontractor responsible established by the particular programs.The ratio of apprentices and therefor shall be liable for the unpaid wages. In addition, such trainees to journeymen shall not be greater than permitted by the contractor and subcontractor shall be liable to the United States(in terms of the particular program. the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated 5.Compliance with Copeland Act requirements. The contractor damages. Such liquidated damages shall be computed with respect shall comply with the requirements of 29 CFR part 3, which are to each individual laborer or mechanic, including watchmen and incorporated by reference in this contract. guards, employed in violation of the clause set forth in paragraph (1.)of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the 6.Subcontracts. The contractor or subcontractor shall insert Form standard workweek of forty hours without payment of the overtime FHWA-1273 in any subcontracts and also require the subcontractors wages required by the clause set forth in paragraph (1.) of this to include Form FHWA-1273 in any lower tier subcontracts. The section. prime contractor shall be responsible for the compliance by any subcontractor or lower fier subcontractor with all the contract 3. Withholding for unpaid wages and liquidated damages. The clauses in 29 CFR 5.5. FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of 7. Contract termination: debarment. A breach of the contract Labor withhold or cause to be withheld, from any moneys payable clauses in 29 CFR 5.5 may be grounds for termination of the on account of work performed by the contractor or subcontractor contract,and for debarment as a contractor and a subcontractor as under any such contract or any other Federal contract with the same provided in 29 CFR 5.12. prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by 8.Compliance with Davis-Bacon and Related Act requirements. the same prlme contractor,such sums as may be determined to be All rulings and interpretations of the Davis-Bacon and Related Acts necessary to satisfy any liabilities of such contractor or c subcontractor for unpaid wages and liquidated damages as provided contained in 29 CFR parts 1, 3, and 5 are herein incorporated by in the clause set forth in paragraph(2.)of this section. reference in this contract. 4.Subcontracts. The contractor or subcontractor shall insert in any 9. Disputes concerning labor standards. Disputes arising out of subcontracts the clauses set forth in paragraph (1.)through (4.) of the labor standards provisions of this contract shall not be subject to this section and also a clause requiring the subcontractors to include the general disputes clause of this contract. Such disputes shall be these clauses in any lower tier subcontracts. The prime contractor resolved in accordance with the procedures of the Department of shall be responsible for compliance by any subcontractor or lower Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the tier subcontractor with the clauses set forth in paragraphs (1.) meaning of this clause include disputes between the contractor(or through(4.)of this section. any of its subcontractors) and the contracting agency, the U.S. Department of Labor,or the employees or their representatives. 10.Certification of eligibility. VI.SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts a.By entering into this contract,the contractor certifies that neither it on the National Highway System. (nor he or she)nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded 1.The contractor shall perform with its awn organization contract Government contracts by virtue of section 3(a)of the Davis-Bacon work amounting to not less than 30 percent (or a greater Act or 29 CFR 5.12(a)(1). percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated b.No part of this contract shall be subcontracted to any person or by the contracting agency. Specially items may be performed by firm ineligible for award of a Government contract by virtue of subcontract and the amount of any such specialty items section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). performed may be deducted from the total original contract price before computing the amount of work required to be performed by c. The penalty for making false statements is prescribed in the U.S. the contractors own organization(23 CFR 635.116). Criminal Code,18 U.S.C. 1001. a.The term 'perform work with its own organization" refers to V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or The following Causes apply to any Federal-aid construction contrail in an amount in excess of $100,000 and subject to the overtime equipment subcontractor or lower tier subcontractor, provisions of the Contract Work Hours and Safety Standards Act. agents of thee prime ime contractor, or any other assignees. The term may include payments for the costs of hiring leased These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the employees from an employee leasing firm meeting all relevant terms laborers and mechanics include watchmen and guards. Federal and State regulatory requirements. Leased employees CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM—EXHIBIT"A" DATE:FEBRUARY 2016 PAGE 22 may only be included in this term if the prime contractor meets 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that all of the following conditions: the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect (1) the prime contractor maintains control over the or investigate the matter of compliance with the construction supervision of the day-today activities of the leased safety and health standards and to carry out the duties of the employees; Secretary under Section 107 of the Contract Work Hours and (2) the prime contractor remains responsible for the quality of Safety Standards Act(40 U.S.C.3704). the work of the leased employees; (3) the prime contractor retains all power to accept or exclude Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS individual employees from work on the project;and (4) the prime contractor remains ultimately responsible for the This provision is applicable to all Federal-aid construction contracts payment of predetermined minimum wages, the and to all related subcontracts. submission of payrolls, statements of compliance and all other Federal regulatory requirements. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of b."Specialty Items" shall be construed to be limited to work that reliability on statements and representations made by engineers, requires highly specialized knowledge, abilities, or equipment contractors, suppliers,and workers on Federal-aid highway projects, not ordinarily available in the type of contracting organizations it is essential that all persons concerned with the project perform qualified and expected to bid or propose on the contract as a their functions as carefully, thoroughly, and honestly as possible. whole and in general are to be limited to minor components of Willful falsification, distortion, or misrepresentation with respect to the overall contract. any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these 2.The contract amount upon which the requirements set forth in and similar acts, Form FHWA-1022 shall be posted on each paragraph (1) of Section VI is computed includes the cost of Federal-aid highway project (23 CFR 635) in one or more places material and manufactured pmducts which are to be purchased or where it is readily available to all persons concerned with the produced by the contractor under the contract provisions. project: 3.The contractor shall furnish (a) a competent superintendent or 18 U.S.C. 1020 reads as follows: supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract "Whoever,being an officer,agent,or employee of the United States, requirements, and is in charge of all construction operations or of any State or Territory, or whoever, whether a person, (regardless of who performs the work) and (b) such other of its association, firm, or corporation, knowingly makes any false own organizational resources (supervision, management, and statement, false representation, or false report as to the character, engineering services) as the contracting officer determines is quality, quantity, or cost of the material used or to be used, or the necessary to assure the performance of the contract. quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, 4. No portion of the contract shall be sublet, assigned or otherwise specifications, contracts, or costs of construction on any highway or disposed of except with the written consent of the contracting related project submitted for approval to the Secretary of officer, or authorized representative, and such consent when Transportation;or given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent Whoever knowingly makes any false statement, false will be given only after the contracting agency has assured that representation, false report or false claim with respect to the each subcontract is evidenced in writing and that it contains all character, quality, quantity, or cost of any work performed or to be pertinent provisions and requirements of the prime contract. performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by 5.The 30% self-performance requirement of paragraph (1) is not the Secretary of Transportation;or applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or VII.SAFETY:ACCIDENT PREVENTION report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Slat. 355), as amended and This provision is applicable to all Federal-aid construction contracts supplemented; and to all related subcontracts. Shall be fined under this title or imprisoned not more than 5 years 1.In the performance of this contract the contractor shall comply or both." with all applicable Federal,State, and local laws governing safety, health, and sanitation(23 CFR 635). The contractor shall provide IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL all safeguards, safely devices and protective equipment and take WATER POLLUTION CONTROL ACT any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the This provision is applicable to all Federal-aid construction contracts life and health of employees on the job and the safety of the and to all related subcontracts. public and to protect property in connection with the performance of the work covered by the contract. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid 2. It is a condition of this contract, and shall be made a condition of construction contractor, or subcontractor, as appropriate, will be each subcontract,which the contractor enters into pursuant to this deemed to have stipulated as follows: contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in 1.That any person who is or will be utilized in the performance of surroundings or under conditions which are unsanitary,hazardous this contract is not prohibited from receiving an award due to a or dangerous to his/her health or safety, as determined under violation of Section 508 of the Clean Water Act or Section 306 of construction safety and health standards (29 CFR 1926) the Clean Air Act. promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards 2.That the contractor agrees to include or cause to be included the Act(40 U.S.C.3704). requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM—EXHIBIT"A" DATE: FEBRUARY 2016 PAGE 8 23 contracting agency may direct as a means of enforcing such requirements. h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower fier covered transaction that X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, is not debarred, suspended, ineligible, or voluntarily excluded INELIGIBILITY AND VOLUNTARY EXCLUSION from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its This provision is applicable to all Federal-aid construction contracts, principals are not suspended, debarred, or otherwise ineligible to design-build contracts, subcontracts, lower-tier subcontracts, participate in covered transactions. To verify the eligibility of its purchase orders, lease agreements, consultant contracts or any principals, as well as the eligibility of any lower tier prospective other covered transaction requiring FHWA approval or that is participants, each participant may, but is not required to, check estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 the Excluded Parties List System website(httos://www.ei)ls.gov!), and 1200. which is compiled by the General Services Administration. 1.Instructions for Certification—First Tier Participants: i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in a.By signing and submitting this proposal, the prospective first tier good faith the certification required by this clause.The knowledge participant is providing the certification set out below. and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in b.The inability of a person to provide the certification set out below the ordinary course of business dealings. will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an j. Except for transactions authorized under paragraph (f) of these explanation of why it cannot provide the certification set out instructions, if a participant in a covered transaction knowingly below. The certification or explanation will be considered in enters into a lower tier covered transaction with a person who is connection with the department or agency's determination suspended, debarred, ineligible, or voluntarily excluded from whether to enter into this transaction. However, failure of the participation in this transaction, in addition to other remedies prospective first tier participant to furnish a certification or an available to the Federal Government, the department or agency explanation shall disqualify such a person from participation in may terminate this transaction for cause or default. this transaction. c. The certification in this clause is a material representation of fact 2. Certification Regarding Debarment, Suspension, Ineligibility upon which reliance was placed when the contracting agency and Voluntary Exclusion—First Tier Participants: determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous a.The prospective first tier participant certifies to the best of its certification, in addition to other remedies available to the Federal knowledge and belief,that it and its principals: Government, the contracting agency may terminate this transaction for cause of default. (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from d.The prospective first tier participant shall provide immediate participating in covered transactions by any Federal written notice to the contracting agency to whom this proposal is department or agency; submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has (2) Have not within a three-year period preceding this proposal become erroneous by reason of changed circumstances. been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in e.The terms "covered transaction,' "debarred," "suspended," connection with obtaining, attempting to obtain, or "ineligible," "participant," "person," "principal," and "voluntarily performing a public (Federal, State or local) transaction or excluded,"as used in this clause,are defined in 2 CFR Parts 180 contract under a public transaction; violation of Federal or and 1200. "First Tier Covered Transactions" refers to any Stale antitrust statutes or commission of embezzlement, covered transaction between a grantee or subgrantee of Federal theft, forgery, bribery, falsification or destruction of records, funds and a participant (such as the prime or general contract). making false statements,or receiving stolen property; "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as (3) Are not presently indicted for or otherwise criminally or civilly subcontracts). "First Tier Participant"refers to the participant who charged by a governmental entity (Federal, State or local) has entered into a covered transaction with a grantee or with commission of any of the offenses enumerated in subgrantee of Federal funds (such as the prime or general paragraph(a)(2)of this certification;and contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant (4) Have not within a three-year period preceding this or other Lower Tier Participants (such as subcontractors and application/proposal had one or more public transactions suppliers). (Federal,State or local)terminated for cause or default. f. The prospective first tier participant agrees by submitting this b.Where the prospective participant is unable to certify to any of the proposal that, should the proposed covered transaction be statements in this certification, such prospective participant shall entered into, it shall not knowingly enter into any lower tier attach an explanation to this proposal. covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in 2.Instructions for Certification-Lower Tier Participants: this covered transaction, unless authorized by the department or agency entering into this transaction. (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost g.The prospective first tier participant further agrees by submitting $25,000 or more-2 CFR Parts 180 and 1200) this proposal that it will include the cause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary a. By signing and submitting this proposal,the prospective lower tier Exclusion-Lower Tier Covered Transactions," provided by the is providing the certification set out below. department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered b.The certification in this clause is a material representation of fact transactions and in all solicitations for lower tier covered upon which reliance was placed when this transaction was transactions exceeding the$25,000 threshold. entered into. If it is later determined that the prospective lower tier CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO.15-18 AGREEMENT FORM—EXHIBIT"A" DATE:FEBRUARY 2016 PAGE 9 24 participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, 1. The prospective lower tier participant certifies, by submission of the department, or agency with which this transaction originated this proposal, that neither it nor its principals is presently may pursue available remedies, including suspension andlor debarred, suspended, proposed for debarment, declared debarment. ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if 2.Where the prospective lower tier participant is unable to certify to at any time the prospective lower tier participant learns that its any of the statements in this certification, such prospective certification was erroneous by reason of changed circumstances. participant shall attach an explanation to this proposal. d.The terms "covered transaction," "debarred," "suspended," ... "ineligible," "participant," "person," "principal," and "voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS submitted for assistance in obtaining a copy of those regulations. FOR LOBBYING "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds This provision is applicable to all Federal-aid construction contracts and a participant(such as the prime or general contract). "Lower and to all related subcontracts which exceed$100,000(49 CFR 20). Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 1.The prospective participant certifies, by signing and submitting "First Tier Participant" refers to the participant who has entered this bid or proposal,to the best of his or her knowledge and belief, into a covered transaction with a grantee or subgrantee of Federal that: funds (such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a covered a. No Federal appropriated funds have been paid or will be transaction with a First Tier Participant or other Lower Tier paid, by or on behalf of the undersigned, to any person for Participants(such as subcontractors and suppliers). influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or e.The prospective lower tier participant agrees by submitting this employee of Congress, or an employee of a Member of proposal that, should the proposed covered transaction be Congress in connection with the awarding of any Federal entered into, it shall not knowingly enter into any lower tier contract,the making of any Federal grant,the making of any covered transaction with a person who is debarred, suspended, Federal loan, the entering into of any cooperative declared ineligible, or voluntarily excluded from participation in agreement, and the extension, continuation, renewal, this covered transaction, unless authorized by the department or amendment, or modification of any Federal contract, grant, agency with which this transaction originated. loan,or cooperative agreement. f. The prospective lower tier participant further agrees by submitting b. If any funds other than Federal appropriated funds have this proposal that it will include this clause titled "Certification been paid or will be paid to any person for influencing or Regarding Debarment, Suspension, Ineligibility and Voluntary attempting to influence an officer or employee of any Federal Exclusion-Lower Tier Covered Transaction,"without modification, agency, a Member of Congress, an officer or employee of in all lower tier covered transactions and in all solicitations for Congress, or an employee of a Member of Congress in lower tier covered transactions exceeding the$25,000 threshold. connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and g.A participant in a covered transaction may rely upon a certification submit Standard Form-LLL, "Disclosure Form to Report of a prospective participant in a lower her covered transaction that Lobbying,"in accordance with its instructions. is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification 2.This certification is a material representation of fact upon which is erroneous. A participant is responsible for ensuring that its reliance was placed when this transaction was made or entered principals are not suspended,debarred, or otherwise ineligible to into. Submission of this certification is a prerequisite for making participate in covered transactions. To verify the eligibility of its or entering into this transaction imposed by 31 U.S.C. 1352. Any principals, as well as the eligibility of any lower tier prospective person who fails to file the required certification shall be subject to participants, each participant may, but is not required to, check a civil penalty of not less than $10,000 and not more than the Excluded Parties List System website(httos:lfwww.eols.aov!), $100.000 for each such failure. which is compiled by the General Services Administration. 3.The prospective participant also agrees by submitting its bid or h.Nothing contained in the foregoing shall be construed to require proposal that the participant shall require that the language of this establishment of a system of records in order to render in good certification be included in all lower tier subcontracts, which faith the certification required by this clause. The knowledge and exceed $100,000 and that all such recipients shall certify and information of participant is not required to exceed that which is disclose accordingly. normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM—EXHIBIT"A" DATE:FEBRUARY2016 PAGE 10 25 FEMALE AND MIONORITY GOALS The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area Goal% Redding CA: 6.8 174 Non-SMSA(Standard Metropolitan Statistical Area)Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA 6.6 175 Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity San Francisco-Oakland-San Jose, CA: SMSA Counties: 8.9 7120 Salinas-Seaside-Monterey, CA CA Monterey 5.6 7360 San Francisco-Oakland CA Alameda;CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA 9.6 CA Santa Clara, CA 176 7485 Santa Cruz, CA 4.9 CA Santa Cruz 7500 Santa Rosa .1 CA Sonoma 8720 Vallejo-Fairfield-Napa, CA 7.1 CA Napa; CA Solano Non-SMSA Counties: 32 CA Lake; CA Mendocino; CA San Benito Sacramento, CA: SMSA Counties: 16.1 177 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo 14.3 Non-SMSA Counties CA Butte;CA Colusa; CA El Dorado; CA Glenn; CA Nevada;CA Sierra; CA Sutter; CA Yuba Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 178 CA Stanislaus 8120 Stockton, CA 4.3 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 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. CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO.15-18 AGREEMENT FORM-EXHIBIT"A' DATE:FEBRUARY 2016 PAGE 11 26 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 orjob classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City of Palm Springs: 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City of Palm Springs approval for this submitted information before you start work. The City of Palm Springs credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City of Palm Springs and FHWA approves a program if one of the following is met: 1. It is calculated to: Meet the your equal employment opportunity responsibilities Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO.15-18 AGREEMENT FORM-EXHIBIT"A" DATE:FEBRUARY 2016 PAGE 12 27 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 CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM-EXHIBIT"A" DATE:FEBRUARY 2016 PAGE 13 28 TITLE VI ASSURANCES During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION * * * END OF EXHIBIT "AYy CITYWIDE ADA CURB RAMP IMPROVEMENTS CITY PROJECT NO. 15-18 AGREEMENT FORM-EXHIBIT"A" DATE:FEBRUARY 2016 PAGE 14 29 ATTACHMENT 4 30 NOTICE OF EXEMPTION To: ❑ Office of Planning and Research From: City of Palm Springs 1400 Tenth Street, Room 121 3200 E. Tahquitz Canyon Way Sacramento, CA 95814 Palm Springs, CA 92262 ® Clerk of the Board County of Riverside P.O. Box 751 Riverside, CA 92502-0751 Project Title: Citywide Curb Ramp Improvements/City Project No. 15-18 Project Applicant: City of Palm Springs Project Location (Specific): Existing Curb Ramps on Baristo between Sunrise Way and Farrell Drive and on Pavilion Way south of Baristo Road. Project Location (City): City of Palm Springs Project Location (County): Riverside Project Description: Citywide ADA Curb Ramp Improvements that include reconstruction and improvements to existing curb ramps to meet current ADA standards. Name of Public Agency Approving Project: City of Palm Springs Name of Person or Agency Carrying Our Project: City of Palm Springs, Public Works& Engineering Department 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Exempt Status: (check one) ❑ Ministerial(Sec. 21080(b)(1); 15268); ❑ Declared Emergency(Sec.21080(b)(3); 15269(a)); ❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c)); ® Categorical Exemption. State type and section number: 15301 Class 1(b)—Existing Facilities ❑ Statutory Exemptions. State code number: Reasons why project is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The type of"existing facilities" to be considered exempt is determined by whether the project involves negligible or no expansion of an existing use, and includes existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. Therefore, the Citywide ADA Curb Ramp Improvements, City Project No. 15-18, is considered categorically exempt from CEQA. Lead Agency Contact Person: Marcus L. Fuller, PE, PLS Area Code/Telephone/Extension: (760)322-8380 If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been fled by the public agency approving the project? ❑ Yes ❑ No Signature: Date: Title: Asst. City Manager/City Engineer ® 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. 31 RECEIVED "Ill'Y Of PALM SPRING STATE OF CALIFORNIA-THE RESOURCES AGENCY � !3 M 9' 32 DEPARTMENT OF FISH AND GAME Ilia ENVIRONMENTAL FILING FEE CASH RECEIPT CITY CLERK Receipt#: 16-121087 State Clearinghouse#(if applicable): LeadAgency: CITY OF PALM SPRINGS Date: 04/19/2016 CountyAgency of Filing: RIVERSIDE D cumentNo: E-201600438 Project Title: CITYWIDE CURB RAMP IMPROVEMENTS/CITY PROJECT NO. 15-18 Project Applicant Name: CITY OF PALM SPRINGS PhowNumber (760) 322-8380 Project Applicant Address: 3200 E. TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 Project Applicant: LOCAL PUBLIC AGENCY CHECKAPPLICABLE FEES: ❑Environmental Impact Report ❑Negative Declaration ❑Application Fee WaterDiversion(State WaterResources Control Board Only) ❑Project Subject to Certified RegulatoryPrograms ®CountyAdministration Fee $50.00 ❑Project that is exempt from fees(DFGNo Effect Determination (Form Attached)) ®Project that is exemptfrom fees(Notice ofExempt ion) Total Received $50.00 Signature and title ofperson receiving payment: Deputy Notes: ACR 533(Est.12/2013) NOTICE OF EXEMPTION To: ❑ Office of Planning and Research From: City of Palm Springs 1400 Tenth Street, Room 121 3200 E.Tahquitz Canyon Way Sacramento, CA 95814 Palm Springs, CA 92262 ® Clerk of the Board FILED / POSTED County of Riverside County of Riverside Peter Aldana P.O. Box 751 Assessor-County Clerk-Recorder Riverside, CA 92502-0751 E-201600438 04/19/2015 11:57 AM Fee: $ 50.Q0 Project Title: Citywide Curb Ramp Improvements/City Project No. 15-18 Page i of 1 1 q q Removed:�UN 0 1 201%y; Deputy Project Applicant: City of Palm Springs Milo��M�l�'�I;0i" 'I III Project. Location (Specific): Existing Curb Ramps on Baristo between Sunrise Way and Farrell Drive and on Pavilion Way south of Baristo Road. Project Location (City): City of Palm Springs Project Location(County): Riverside Project Description: Citywide ADA Curb Ramp Improvements that include reconstruction and improvements to existing curb ramps to meet current ADA standards. Name of Public Agency Approving Project: City of Palm Springs Name of Person or Agency Carrying Our Project: City of Palm Springs, Public Works& Engineering Department 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262 Exempt Status: (check one) ❑ Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency(Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); ® Categorical Exemption. State type and section number: 15301 Class 1(b)-Existing Facilities ❑ Statutory Exemptions. State code number: Reasons why project is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The type of"existing facilities" to be considered exempt is determined by whether the project involves negligible or no expansion of an existing use, and includes existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. Therefore, the Citywide ADA Curb Ramp Improvements, City Project No. 15-18, is considered categorically exempt from CEQA. Lead Agency Contact Person: Marcus L. Fuller, PE, PLS Area Code/Telephone/Extension: (760)322-8380 If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project? ❑Yes ❑ No h, 111- Signature: ate: Title: Asst. City Manager/City Engineer �`C ® 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.