HomeMy WebLinkAbout4/20/2016 - STAFF REPORTS - 2.B. iy
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Cq<fFORN�P+ City Council Staff Report
DATE: April 20, 2016 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO BORDEN EXCAVATING
INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,082,525
FOR THE HERMOSA DRIVE STREET AND STORM DRAINAGE
IMPROVEMENTS, FEDERAL PROJECT PLHDL06-5282 (032) & HPLUL-
5282 (033), CITY PROJECT NO. 09-04
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY:
The Public Works and Engineering Department is coordinating the use of two federal
grants obtained by the Agua Caliente Cultural Museum for the construction of Hermosa
Drive Street and Storm Drainage Improvements, Federal Project PLHDL06-5282 (032)
& HPLUL-5282 (033), City Project No. 09-04 (the `Project'). Award of this contract will
allow the Agua Caliente Cultural Museum to proceed with construction.
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to Borden Excavating Inc., a
California Corporation, in the amount of $1,082,525 for the Hermosa Drive Street
and Storm Drainage Improvements, Federal Project PLHDL06-5282 (032) & HPLUL-
5282 (033), City Project No. 09-04;
2. Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call
Agreement No. 6686, in the amount of $64,578 for construction management,
inspection and environmental services for the Hermosa Drive Street and Storm
Drainage Improvements, Federal Project PLHDL06-5282 (032) & HPLUL-5282
(033), City Project No. 09-04;
3. Authorize the City Manager to approve and execute construction contract change
orders up to an additional amount of $108,253; and
4. Authorize the City Manager to execute all necessary documents.
ITEM NO. ��/
City Council Staff Report
April 20, 2016--Page 2
Award Construction Contract for CP09-04
STAFF ANALYSIS:
On February 17, 2016, the City Council approved the construction documents (plans
and specifications) and authorized to bid the Hermosa Drive Street and Storm Drainage
Improvements, Federal Project PLHDL06-5282 (032) & HPLUL-5282 (033), City Project
No. 09-04 (the "Project"). A copy of the February 17, 2016, staff report is included as
Attachment 1.
A location map is provided as Figure 1 below and a vicinity map illustrating a 500-ft
radius from the Project area is included with Attachment 1. The Project will widen
Hermosa Drive between Tahquitz Canyon Way and Arenas Road, and extend Hermosa
Drive between Arenas Road and Baristo Road, including storm drainage improvements
extending to the Baristo Channel.
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Figure 1 — Location Map
The contract documents were prepared by DMC Design Group, Inc., ("DMC") and have
been reviewed and approved by the City's Department of Public Works and
Engineering.
With the City Council's approval of the contract documents and authorization to bid, on
March 24, 2016, the Procurement and Contracting Division received 11 construction
bids from the following contractors:
02
City Council Staff Report
April 20, 2016 -- Page 3
Award Construction Contract for CP09-04
Company Location Bid Amount
Borden Excavating, Inc. Calimesa, CA $1,082,525.00
Weka, Inc. Highland, CA $1 ,268,447.00
Tri-Star Contracting II, Inc. Desert Hot Springs, CA $1,315,239.58
O' Duffy Bros Inc. Romoland, CA $1,413,625.00
H&H General Contractors, Inc. Highland, CA $1,445,530.00
Granite Construction Company Indio, CA $1,478,520.00
Beador Construction Company, Inc. Corona, CA $1,484,300.00
All American Asphalt Corona, CA $1,494,432.25
Hillcrest Contracting, Inc. Corona, CA $1,516,458.00
Riverside Construction Company, Inc. Riverside, CA $1 ,569,183.00
Lee & Stires, Inc. Ontario, CA $1,740,010.45
A full bid summary is included as Attachment 2. The final construction estimate was
$1,090,000.
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, Borden Excavating, Inc., ("Borden"), to ensure
compliance with the Instructions to Bidders, as well as compliance with certain federal
requirements, including Disadvantaged Business Enterprise ("DBE") commitments. In
its bid documents Borden did not include a commitment to meet the DBE contract goal
of 4%; however, Borden did provide supporting documentation including proof of
publications, phone solicitation log, and letters of inviting bids to adequately show
evidence of a good faith effort to solicit DBE-certified subcontractors as part of its bid.
On that basis, in accordance with the bid specifications and federal regulations related
to good faith efforts to solicit DBE firms, staff recommends that the City Council find that
the low bid submitted by Borden satisfied the bid requirements, and that Borden is the
lowest, responsive bidder.
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 Borden Excavating, Inc., and the listed subcontractors, are registered with the DIR,
and is appropriately licensed.
Borden Excavating, Inc., a California corporation, of Calimesa, California submitted the
lowest responsive bid. Staff reviewed the bid, references, and contractor's license, and
found the Contractor to be properly licensed and qualified. A construction contract with
Borden Excavating, Inc., for the Project is included as Attachment 3. 03
City Council Staff Report
April 20, 2016-- Page 4
Award Construction Contract for CP09-04
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.
Construction Management, Inspection and Environmental Services
On April 1, 2015, the City Council approved agreements for on-call Public Works capital
project construction management and inspection services with Dudek & Associates,
Interwest Consulting Group, Inc., and Willdan Engineering to provide first class as-
needed construction management and inspection ("Owner's Rep") services associated
with a variety of future Public Works capital projects. Accordingly, staff solicited
proposals from these on-call firms for required construction phase services associated
with the Project, and on the basis of scope and fee has recommended the City Council
approve the proposal submitted by Interwest Consulting Group, Inc., in the amount of
$64,578, which represents less than 6% of the construction contract amount. A copy of
the proposal for construction phase services provided by Interwest Consulting Group,
Inc., is included as Attachment 4.
City Council Approval of Contingency Funds
Staff recommends that the City Council authorize the City Manager to approve and
execute construction contract change orders up to an additional amount of 10% of the
contract amount, or $108,253. Staff will carefully evaluate any additional or extra work
claims presented by Borden Excavating, Inc., and if valid, submit to the City Manager
for his approval. In this way, work can proceed uninterrupted as staff administratively
process construction contract change orders up to the authority specifically authorized
herein by the City Council.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). In accordance
with the CEQA Guidelines, the City acting as "Lead Agency" pursuant to CEQA,
previously completed an environmental analysis of the potential impacts resulting from
construction of the Project. In April 2013, the City approved a Mitigated Negative
Declaration for the Project, and a Notice of Determination ("NOD") was subsequently
filed with the Riverside County Clerk on May 7, 2013; a copy of the NOD is included as
with Attachment 1.
On May 2, 2013, Caltrans, acting as the lead agency pursuant to the National
Environmental Policy Act ("NEPA"), made an environmental determination that the
Project does not individually or cumulatively have a significant impact on the 04
City Council Staff Report
April 20, 2016 -- Page 5
Award Construction Contract for CP09-04
environment as defined by NEPA and is excluded from the requirements to prepare an
Environmental Assessment ("EA") or Environmental Impact Statement ("EIS"), and has
considered unusual circumstances pursuant to 23 CFR 771.117(b). On the basis of this
determination under federal delegation pursuant to Chapter 3 of Title 23, United States
Code, Section 326 and MOU dated June 7, 2010, executed between the Federal
Highway Administration ("FHWA") and the state of California, Caltrans has determined
that the Project qualifies for a Categorical Exclusion in accordance with 23 CFR
771.117(d) pursuant to activity (d)(1). A copy of the NEPA Categorical Exclusion is
included with Attachment 1.
FISCAL IMPACT:
The ACCM was previously awarded by the US Congress two separate federal earmarks
for improvements related to the future Agua Caliente Cultural Museum proposed at the
southeast corner of Tahquitz Canyon Way and Hermosa Drive in the amount of
$449,903 and $630,791 for a total of $1 ,080,694. Pursuant to the MOU approved
between the City and the ACCM, these funds have been allocated to the City to use on
behalf of the ACCM for the Project. These federal funds have been received and
allocated to the Capital Project Fund (Fund 261) in Account No. 261-4491-50287 and
261-4491-50290. The City previously budgeted additional local funds for the Project,
including $39,234 from the Drainage Fund (Fund 135) in Account No. 135-4371-50287,
and $320,000 from the Local Measure A Fund (Fund 134) in Account No. 134-4498-
50290. The Project budget and estimated expenditures are identified in Table 1 below.
Table 1
Table of Project Costs Amount
PLHD Grant $630,791
Demo Grant $449,903
Drainage Fund (Fund 135) $39,234
Local Measure A (Fund 134) $320,000
Design $116,455
Project Administration (thru 4/5/16) ($34,653
Project Administration Estimated $10,000)
Construction Management $64,578)
Construction Contract ($1,082,525)
Construction Contingency ($108,253)
Balance Remaining $23,464
05
City Council Staff Report
April 20, 2016 -- Page 6
Award Construction Contract for CP09-04
Funds to encumber for award of the construction contract in the amount of $1 ,082,525
with Borden Excavating, Inc., are available from the following accounts:
• Capital Project Account No. 261-4491-50290: $536,178
• Capital Project Account No. 261-4491-50287: $406,834.72
• Drainage Account No. 135-4371-50287: $25,433.78
• Local Measure A Account No. 134-4498-50290 $114,078.50
Funds to encumber for issuance of the Purchase Order to Interwest Consulting Group,
Inc., in the amount of$64,578, is available from the following account:
• Local Measure A Account No. 134-4498-50290 $64,578
Sufficient funding is budgeted and available in Local Measure A Account No. 134-4498-
50290 to approve construction contract change orders up to an additional amount of
10% of the contract amount, or $108,253.
SUBMITTED:
/1VJU4 19A
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready,
Assistant City Manager/City Engineer City Manager
Attachments:
1. February 17, 2016, Staff Report
2. Bid Summary
3. Construction Contract
4. Interwest's Construction Management, Inspection and Environmental Services
06
Attachment 1
07
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c��/FORN,P City Council Staff Report
DATE: February 17, 2016 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID THE HERMOSA DRIVE STREET AND
STORM DRAINAGE IMPROVEMENTS, FEDERAL PROJECT PLHDL06-
5282 (032) & HPLUL-5282 (033), CITY PROJECT NO. 09-04
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY:
The Public Works and Engineering Department is coordinating the use of two federal
grants obtained by the Agua Caliente Cultural Museum for construction of street and
storm drainage improvements on Hermosa Drive related to the future cultural museum
proposed at the southeast comer of Tahquitz Canyon Way and Hermosa Drive. The
construction documents (plans and specifications) have been completed, and in
accordance with Section 7.03.040 of the Procurement and Contracting Code the City
Council is required to approve and adopt plans, specifications and working details, and
authorize the bid request for all public projects in excess of $100,000. Approval of this
action will allow staff to proceed with bidding of this capital project, with an estimated
cost of$1,090,000.
RECOMMENDATION:
Approve the plans, specifications and estimate and authorize staff to advertise and
solicit bids the Hermosa Drive Street and Storm Drainage Improvements, Federal
Project PLHDL06-5282 (032)& HPLUL-5282 (033), City Project No. 09-04.
STAFF ANALYSIS:
On February 9, 2009, Michael Hammond, Executive Director of the Agua Caliente
Cultural Museum ("ACCM") submitted a letter to the City Manager requesting that the
City help facilitate the ACCM's obligation and use of two federal grants the ACCM had
received related to the Agua Caliente Band of Cahuilla Indian's future cultural museum
proposed at the southeast corner of Tahquitz Canyon Way and Hermosa Drive. The
ACCM was successful in lobbying for two separate federal earmarks that total
approximately $1.1 Million to initially be used for design related work, including planning
and engineering of roadway and interpretive signage, road and signage improvements,
drainage, vehicular parking areas, and appurtenant structures and facilities.ITEM NO. lie 08
City Council Staff Report
February 17 2016--Page 2
Approve CP-09-04 Request for Bids
In response to the ACCM's request, on April 15, 2009, the City Council approved a
Memorandum of Understanding ("MOU") with the ACCM whereby the City agreed to act
on behalf of the ACCM as the public agency responsible for coordinating with the state
of California to obligate the use of the federal grants awarded to the ACCM. A copy of
the April 15, 2009, staff report is included as Attachment 1.
Subsequently, in consultation with the ACCM on the most efficient use of the federal
funds to benefit the future museum site, its Board of Directors authorized the use of the
federal funds for the following scope of work:
• Hermosa Drive Street Improvements (east half, Tahquitz Canyon Way to Arenas
Road; full width, Arenas Road to Baristo Road)
• Palm Springs Storm Drain Line 9 Improvements(Baristo Channel to Arenas Road)
• On-Site Parking Lot and Drainage Improvements and extension of on-site storm
drainage improvements for use by the future museum (this scope of work has
since been deleted as a result of a delay in construction of the future museum)
This capital project has been identified as the Hermosa Drive Street and Storm
Drainage Improvements, Federal Project PLHDL06-5282 (032) & HPLUL-5282 (033),
City Project No. 09-04 (the "Project"). On December 15, 2010, the City Council
approved a Professional Services Agreement, with DMC Design Group, Inc., ("DMC"),
for environmental and civil engineering design services related to the Project. The
scope of the Project will provide for the extension of Hermosa Drive between Arenas
Road and Baristo Road, including storm drainage improvements extending to the
Baristo Channel; a location map is provided as Figure 1 and a vicinity map illustrating a
500-ft radius from the Project area is included as Attachment 2.
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Figure 1 — Location Map 0 rJ
City Council Staff Report
February 17, 2016 —Page 3
Approve CP-09-04 Request for Bids
The City operates under a "Master Agreement" with the state of California, through its
Department of Transportation ("Caltrans"), identified as the "Administering Agency —
State Agreement No. 08-5282" for use of federal funds on City projects. Under the
terms of the Master Agreement, the City is required to comply with certain state and
federal requirements, including pre-approval and authorization to proceed with
construction prior to bidding a project. Staff has successfully coordinated with Caltrans
to obtain authorization to proceed with construction of the Project; a copy of the
Caltrans authorization letter is included as Attachment 3.
The plans and specifications ("contract documents") prepared by DMC have been
reviewed and approved, and are ready to formally solicit construction bids for the
Project. With City Council approval, staff will advertise the project in the Desert Sun,
submit the Notice Inviting Bids to plan rooms, and provide the bid documents available
free of charge to prospective bidders. A copy of the contract documents for the Project
is on file with the Public Works & Engineering Department.
The specifications identify the following tentative schedule for the bid process:
Notice Inviting Bids to be posted: February 18, 2016
Deadline for receipt of bids: 3:00 PM, March 24, 2016
Contract awarded by City Council: April 6, 2016
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). In accordance
with the CEQA Guidelines, the City acting as "Lead Agency" pursuant to CEQA,
previously completed an environmental analysis of the potential impacts resulting from
construction of the Project. In April 2013, the City approved a Mitigated Negative
Declaration for the Project, and a Notice of Determination ("NOD") was subsequently
filed with the Riverside County Clerk on May 7, 2013; a copy of the NOD is included as
Attachment 4.
On May 2, 2013, Caltrans, acting as the lead agency pursuant to the National
Environmental Policy Act ("NEPA:'), made an environmental determination that the
Project does not individually or cumulatively have a significant impact on the
environment as defined by NEPA and is excluded from the requirements to prepare an
Environmental Assessment ("EA") or Environmental Impact Statement ("EIS"), and has
considered unusual circumstances pursuant to 23 CFR 771.117(b). On the basis of this
determination under federal delegation pursuant to Chapter 3 of Title 23, United States
Code, Section 326 and MOU dated June 7, 2010, executed between the Federal
Highway Administration ("FHWA") and the state of California, Caltrans has determined
that the Project qualifies for a Categorical Exclusion in accordance with 23 CFR
771.117(d) pursuant to activity (d)(1). A copy of the NEPA Categorical Exclusion is
included as Attachment 5.
10
City Council Staff Report
February 17, 2016-- Page 4
Approve CP-09-04 Request for Bids
FISCAL IMPACT:
The ACCM was previously awarded by the US Congress two separate federal earmarks
for improvements related to the future Agua Caliente Cultural Museum proposed at the
southeast comer of Tahquitz Canyon Way and Hermosa Drive in the amount of
$449,903 and $630,791 for a total of $1,080,694. Pursuant to the MOU approved
between the City and the ACCM, these funds have been allocated to the City to use on
behalf of the ACCM for the Project. These federal funds have been received and
allocated to the Capital Project Fund (Fund 261) in Account No. 261-4491-50287 and
261-4491-50290. The City previously budgeted additional local funds for the Project,
including $39,234 from the Drainage Fund (Fund 135) in Account No. 135-4371-50287,
and $320,000 from the Local Measure A Fund (Fund 134) in Account No. 134-4498-
50290. The Project budget and estimated expenditures are identified in Table 1 below.
Table 1
Table of Project Costs Amount
PLHD Grant $630,791
Demo Grant $449,903
Drainage Fund Fund 135 $39,234
Local Measure A Fund 134 $320,000
Design _ ($111,328
Project Administration thru 215/16 $32,883
Project Administration Estimated $10,000
Construction Inspection/Admin. Estimated $100,000
Construction Estimated $1,090,000
Contingency $90,000
Balance Remaining $5,717
nSUBMITTED:
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Marcus L. Fuller, MPA, P.E., P.L.S. �David H. Ready, Es
Assistant City Manager/City Engineer City Manager
Attachments:
1. April 15, 2009, staff report
2. Vicinity Map
3. Caltrans Authorization
4. CEQA Notice of Determination
5. NEPA Categorical Exclusion
11
Attachment 1
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c4400 City Council Staff Report
Date: April 15, 2009 CONSENT CALENDAR
Subject: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH AGUA
CALIENTE CULTURAL MUSEUM
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Agua Caliente Cultural Museum ("ACCM") is a 501(c)(3) not-for-profR organization
that is established to administer the future Agua Caliente Band of Cahuilla Indians
cultural museum to be constructed at the southeast corner of Tahquitz Canyon Way and
Hermosa Drive. The ACCM has requested that the City act as its liaison with the state
of Califomia to coordinate two federal grants the ACCM received related to the
museum.
RECOMMENDATION:
1) Approve the Memorandum of Understanding with the Agua Caliente Cultural
Museum; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On February 9, 2009, Michael Hammond, Executive Director of the the Agua Caliente
Cultural Museum ("ACCM"), submitted a letter to the City Manager requesting that the
City help facilitate the ACCM's obligation and use of two federal grants related to the
Agua Caliente Band of Cahuilla Indians future cultural museum (see Attachment 1).
The ACCM was successful in lobbying for two separate federal grants that total
approximately $1 Million to be used for design related work, including planning and
engineering of roadway and Interpretive signage, road and signage improvements,
drainage, vehicular parking areas, and appurtenant structures and facilities. The
cultural museum will be constructed at the southeast corner of Tahquitz Canyon Way
and Hermosa Drive_
ITEM NO. Z,
13
City Council Staff Report
April 15, 2009-Page 2
Agua Calienta Cultural Museum MOU
Federal grants are distributed to each state via the state's Department of
Transportation; in California the funds are distributed to Caltrans. Each recipient of a
federal grant must have an agreement with Caltrans related to the use of federal funds.
Typical recipients of federal grants are local governments, cities, counties, and
metropolitan planning organizations (i.e. RCTC, CVAG, etc.). In attempting to obtain
the federal funds allocated to the ACCM, the ACCM was prevented from directly
seeking those funds as the ACCM is not a typical agency with which Caltrans directly
interacts. Catrans directed the ACCM to seek the assistance of a public agency that
has experience coordinating the use of federal funds, to obligate the federal funds on its
behalf.
Therefore, the ACCM's request stated in its February 9, 2009, letter, is to request the
City of Palm Springs to act on its behalf as the public agency responsible for
coordinating with Caltrans to obligate the use of Its federal funds provided to the ACCM
by Congress specifically for design related activities for the cultural museum. in order to
facilitate the ACCM's request, the City Attorney's office has prepared a Memorandum of
Understanding (MOU) between the City and the ACCM related to the City's assistance
and administration of the ACCM's federal funds on its behalf.
Staff recommends that the City Council approve the MOU to facilitate the ACCM's
request, such that the federal funds do not lapse, preventing their use by the ACCM for
the cultural museum.
FISCAL IMPACT:
None.
David J. Barakian Tho as J. Wil h
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City Man.
ATTACHMENTS: ��
1. ACCM February 9, 2009, letter
2. MOU
14
ATTACHMENT
AGUA CALIENTE CULTURAL MUSEUM
FEBRUARY 9, 2009, LETTER
15
t Fr E (.q 2009
AGUA CALIENTE CULTURAL MUSEUM
February 9, 2009
David H. Ready, Esq., Ph.D.
City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear David:
I and several Museum colleagues met recently with Marcus Fuller and his staff to
discuss a possible role the City of Palm Springs might play in helping obligate
and access federal funding awarded Ague Caliente Cultural Museum by the U.S.
Congress. The funds are for support of the Museum's building project at the
southeast comer of East Tahquitz Canyon Way and.Hermosa Drive.
Two grants originating from Congressional earmarks that total approximately
$1 million will be used for design-related work, including planning and
engineering of roadway and interpretive signage, road and signage
improvements, drainage, vehicular parking areas, and appurtenant structures
and facilities.
Specifically, it is our intention to use these funds to (1) pay a 17 percent
obligation to satisfy a mitigation agreement that provides for the installation of a
traffic signal at the intersection of East Tahquitz Canyon Way and Hermosa
Drive; and (2) to pay redesign expenses incurred as a result of complying with
new building code regulations effective January 2009. The redesign process will
afford the Museum a unique opportunity to revisit the choice of construction
methods and materials, in light of newer technologies and materials that may
come available. It will also be ail opportunity to make additional prudent
adjustments with an eye on "greening the building"further by designing and
incorporating even more energy-efficient elements.
In this instance, Caltrans is responsible for administering these funds to the
Museum through a designated local agency that has proven experience in these
matters In the meeting with Marcus and in discussions with members of Tribal
Council, we concluded that the City of Palm Springs is the most qualified local
designated agency to assist the Museum in obligating and accessing these
funds.
AGUA CAUENTE CULTURAL MUSEUM • 4/1 Fdit Tahyuirr Canyon Way, Suite 231 • Palm Springs, CA 92262 16
760.778. 1079 Telephone • '/60.322.777d Fnv . , , ..
,
David H. Ready, Esq., Ph.D.
February 9, 2009
Page 2
To that end, I request the City of Palm Springs be the Museum's focal designated
agency and, with the assistance of your office and Marcus Fuller, prepare a
Memorandum of Understanding (MOU) between Agua Caliente Cultural Museum
which is a 501(c)(3) not-for-profit organization and the City of Palm Springs.
The purpose of the MOU is to establish a Master Agreement that will satisfy
Caltrans guidelines in these funding matters.
Marcu;S.Bnd his staff have bgen moat helpful to the Museum in determining how
best to move forward in this matter. I appreciate the City's partnership in helping
the Museum realize the vision for the new facility that has been planned. Thank
you for your consideration of this request.
Sincerely,
ichael Hammond, Ph.D.
Executive Director
MH:sh
cc: Marcus Fuller
17
ATTACHMENT 2
MEMORANDUM OF UNDERSTANDING
18
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into
this of 2009, by and between the CITY OF PALM SPRINGS,
a California charter city ("City") and AGUA CALIENTE CULTURAL MUSEUM, a
501(c)(3) not-for-profit organization ("ACCM").
City and ACCM are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as "Parties".
RECITALS
A. ACCM has identified federal funds that are available in form of grants to
facilitate improvements to the Agua Caliente Cultural Museum building project located
at the southeast corner of East Tahquitz Canyon Way and Hermosa Drive.
B. The California Department of Transportation ("CalTrans") is responsible
for administering the federal funds by and through a local public agency that has
demonstrated experience in the facilitation of federal funds.
C. City has demonstrated experience with CalTrans as a designated local
public agency.
D. The Parties have agreed that City shall act as the designated local public
agency by and through which CalTrans will administer the federal funds designated for
use by ACCM.
E. This MOU sets forth the Parties agreement to establish a Master
Agreement that will satisfy the federal funds guidelines established by CalTrans.
MOU
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
Parties hereto agree as follows:
Section 1. Recitals. The Recitals above are deemed true and correct, are
hereby incorporated in this Section as though fully set forth herein, and each Party to
this MOU acknowledges and agrees that such Party is bound by the same.
Section 2. Parties' Rights and Responsibilities. City shall act as the
designated local public agency on behalf of ACCM for the purpose of obtaining federal
funds by and through CalTrans. The federal funds are to be used to (1) pay a 17%
obligation to satisfy a mitigation agreement that provides for the installation of a traffic
signal at the intersection of East Tehquitz Canyon Way and Hermosa Drive along with
roadway and signage improvements, and (2) to pay redesign expenses incurred as a
result of complying with new building code regulations effective January 2009, including
but not limited to, implementing "green" and/or energy efficient design standards.
19
Section _ Term. The term of this MOU shall be in full force and effect until
the specified obligations of both Parties have been fulfilled or rescinded by both Parties,
Section 4. Hold Harmless. ACCM shall defend and hold City, its officers,
employees, agents, and consultants free and harmless from any and all claims,
damages, or demands arising out of City's performance of its obligations under this
MOU.
Section 5. Notices. All notices or other communications required or permitted
pursuant to this MOU shall be in writing and shall be personally delivered or sent by
registered or certified mail, postage prepaid, return receipt requested, delivered or sent
by electronic transmission, and shall be deemed received upon the earlier of: (i) the
date of delivery to the address of the person to receive such notice if delivered
personally or by messenger or overnight courier, (ii) three (3) business days after the
date of posting by the United States Post Office if by mail; or (iii) when sent if given by
electronic transmission. Any notice, request, demand, direction, or other
communication sent by electronic transmission must be confirmed within forty-eight (48)
hours by letter mailed or delivered. Notices or other communications shall be
addressed as follows:
To City: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Attention: David H. Ready
City Manager
To ALCM: Ague Caliente Cultural Museum
471 East Tahquitz Canyon Way
Suite 231
Palm Springs, California 92262
Attention: Michael Hammond, Ph.D.
Executive Director
Section 6. Jurisdiction. In the event of a dispute regarding performance or
interpretation of this MOU, the venue for any action to enforce or interpret this MOU
shall lie in the Superior Court of California for Riverside County.
Section 7. Governing Law. This MOU shall be governed by the laws of the
State of California.
Section 8. Entire MOU. This MOU constitutes the entire understanding and
agreement between the Parties and supersedes all previous negotiations between them
pertaining to the subject matter thereof_
Page2of4 70
f..
Section 9, Walv A waiver of a breach of the covenants, conditions, or
obligations under this MOU by either Party shall not be construed as a waiver of any
succeeding breach of the same or other covenants, conditions, or obligations of this
MOU.
Section 40. Mod cation. Alteration, change, or mod cation of this MOU shall
be in the form of a written amendment, which shall be signed by each Party.
Section 11, Severabilitv. Whenever possible, each provision of this MOU shall
be interpreted in such a manner as to be effective and valid under applicable law, but N
any provision of this MOU shall be invalid under the applicable law, such provision shall.
be ineffective only to the extent of such prohibition or invalidity, without invalidating the
reminder of that provision, or the remaining provisions of this MOU.
Section 12. MOU E 29ution Authorization. Each of the undersigned represents
and warrants that he or she is duly authorized to execute and deliver this MOU and that
such execution is binding upon the entity for which he or she is executing this
document. This MOU may be executed in counterparts each of which when taken
together will constitute an entire original agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed as of the day and year first above written.
CITY OF PALM SPRINGS
By:
David H. Ready, City Manager
ATTEST:
By:
James Thompson, City Clerk
APPROVED 0 FORM:
By:
Dougl s C. Holland
City Attorney
AGUA CALIENTE CULTURAL MUSEUM
By:
Page 3 of 4 Z 1
Michael Hammond, Executive Director
By,
Secretary
Pap 4of4 22
Attachment 2
-2 3
Department of Public Works and Engineering w
Vicinity Map
01
i
E IAHQUITL CANYON WAY
i � a•
y ARENAS RD _
w,
mm �r
BAFRO RO �
i Q i nFFANY cIR i..
nFFANY CIR S
O
Legend
EM sde
RAMON RD
500' Radius
CITY OF PALM SPRINGS
Attachment 3
25
STATEOFCAUFORNIA—BUSMSS, ont
DEPARTMENT OF TRANSPORTATION
DIVISION OF PLANNING AND LOCAL ASSISTANCE j
464 W.4m STREET,611 Floor,MS-760 I
SAN BERNARDINO,CA 92401-1400
PHONE (909)3&34030 Flex yoarpowerl
FAX (909)3&3-5936 8e mangy efficimtl
TTY 711
www.dot.m.gov/dist8/ I
t
Septembe-r 1 7 29151
08-RIV-0-PSP
PLHDL06-5282(032)and HPLUL-5282(033)
Maras L.Fuller Drainage Improvements for Agua Ca[ienle Museum
Director of Public Works/City Engineer Parking Lot and Roadway Reconstruction
City of Palm Springs South East comer of Tahquitz Canyon and Hermosa
3200 E.Tahquitz Canyon Way Drive
Palm Springs,CA 92262
Dear Mr.Puller:
We have reviewed and processed your obligation submittal for the above-referenced project through Caltrans
Headquarters and the Federal Highway Administration(FHWA). You are hereby authorized to begin the
Construction phase of your project. Enclosed is a copy of the authorizing document(E-76)for your records.
Please consult your Local Assistance Procedures Manual(1.APM),Chapter 15,for proper Advertising and Award
procedures. The City shall follow its normal procedure in awarding the contract to the lowest responsible bidder and
assuring us that all federal requirements have been met,including an approved Quality Assurance Program.
Please notify this office in writing of the date of the bid opening. After the bid opening and award,please send us
the following items:
• A complete award package as outlined in Chapter 15,section 15.7.
• One copy of plans and specifications,as advertised.
Prospective bidders should be reminded of the Disadvantage Business Enterprise(DBE)requirements contained in
Chapter 9 of the Local Assistance Procedures Manual.
Please be reminded of the invoice processing requirements and reimbursement process in Chapter 5 of the LAPM.
Invoices for reimbursement carrot be submitted until after funds are encumbered via an executed Program
Supplemental Agreemeni(PSA)and/or an executed Finanee Letter.
If you have any questions,please call me or my staff,Alberto Verge[De Dios at(909)809-3944.
Sincerely,
Sean Yeung, .E.
District Local Assistance Engineer
Attachment:E-76
c: Grace Alvarez,RCTC
Anna Alonso,Caltrans Construction Oversight Engineer
Saval Khamphou,City of Palm Springs
George Farago,City of Palm Springs L s
Page 1 of 1
AMENDMENT MODIFICATION SUMMARY-(E-78)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION
DLA LOCATOR; 08-RIV-0-PSP PROJECT LOCATION:
PREFDL PLHDL06 SOUTHEAST CORNER OF TAHOUITZ CANYON WAY AND HERMOSA DRIVE
PROJECT NO: 5282(032) TYPE OF WORK
SEO NO: 2 DRAINAGE IMPROVEMENTS FOR MUSUEM PARVJNG LOT PREV AUTH I AGREE DATES:
STATE PROJ N0:089251521. FED RR NUS: PE: 0912512009
AGENCY: PALM SPRINGS PUC CODES: RAV:
ROUTE: PROJ OVERSIGHT:DELEGATEDILOCAL ADMIN CON:
TIP DATA ENV STATUS!DT: DELEG TO STATE USC 3261 80D4 051022013 SPR:
Mp : SCAG RW STATUS DT: 1 022472014 MCS:
FSTIP YR: 14115 INV RTE: OTH'
STIP PER 209.4000.3758 BEG MP: 0
DISASTER NO: ENO MP: 0
BRIDGE NO'S:
FROG CODE LINE NO IMPV TYPE FUNC SYS URBAN AREA URBlRURAL DEMO ID
F130 10 15 C IND106COACHELLA URBAN
F130 30 04 C INDIO-COACHELLA URBAN
F130 31 17 C INDIO-COACHELLA URBAN
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST ACCOST
PREY.OBLIGATION $630,791A0 S630,791.00 $0.00
PE THIS REQUEST 5.482.343A0 S-536.179.00 $0.00
SUBTOTAL $148,441L00 $94,613.00 $0.00
PREV.OBLIGATION $0.00 $0.00 $0.00
R1W THIS REQUEST $0.00 50.00 S0.00
SUBTOTAL $0.00 50.00 $0.00
PREY.OBLIGATION $0.00 S0.00 $0.00
CON THIS REQUEST $1,044.735.00 $536.176.00 Wait
SUBTOTAL $1,044,735.00 $536.178.00 $0.00
TOTAL: $1.193.163.00 $630,791,00 $0.00
STATE REMARKS
HISTORICAL COMMENTS
This is a request for preliminary engineering hinding to provide planning and
engineering of vehicular par"area
TOTAL COSTS PART.COSTS FED.FUNDS
PREL.ENGR: $630791.00_$630791.13D_6630791.00
SN
092M:On 92109,aftertlbcuss%with Dominic Hoang,FH WA PLHO Program .
April Nboe detamined that the parking lot Is federally aLgAtle.Theparkag
lot Is a part or the proposed Ague Cal"lsnte Cultural Museum. Based an this .
aligibill detannknetion.-SN1-vAhoOod S 630,791 M F130 bolo for PE.
The City shall not begin final design(PSI until afmr approval of the NEPA.
environmenlai cl a nwra.The City shall not inakide any PE costs related to the
museum as participating mats as the museum itself Is not eligible t0 use
these PLHD funds. The City shall carefully segregate participating and
non-participating PE costs.
Consultant selection shall be in accordance with Ch 10 of the LAPM.
Museum parking lot mcludirg Interpretive signing,pedestrian paths 8
n:
landetapig. The mueawm are plan is included In the supplemens it
documentation being wnt to FHWA.
Note mill the PLHD hinds are from FFY 2006 and FHWA allocated are funds on .
9/3109. AS
11252014 BEG 2.This Is a request for Construction and Construction Enginearatp funding using 2006 Public Lands Highways Diwallonary(PLHD)finds.Improvements to Include widening of Henmoss Drive between
TehgWt=Canyon Way and Arenas Road,including acifacent off-eite parking improvements(bay poking smalls);extension of Hemmoss Ddve benveen Arenas Road and Sarsto Road;and construction of Peim
Springs Storm Dram Line 9lmpmvemants from Bansto Channel lo Arenas Road.The PLHD applietion was revised on 02/23/2011 and approved on 07232011.The project is related to HPLUL-5282(033)that
requests Construction and Construction Engineering hording wing Earmark DEMO CA716 funds for road and eignage Improvements,southwest comer of Tahqulh Canyon Way and Hemase Drive,
12/302014 NEPA revasdation arM eligibility submitted.FTIP Information missing
OBIOB2015 BED 2.Agreenrerd End Date in on 06YJ04=10.
0g/102015 Sequence 92 is a request for corwtr ctlon and construction engineering hndlng for Ole Installation of dreln urge facilities associated Wth the conalructlgn of an offalle parking lot located at the southeast comer of
TahquKz Canyon Way and Hermosa Drive to servo the Aqua Callants Cultural Museum in the Clty of Palm Springs using daabllgeted excess Public Landa Highway Disuetiamry(PLHD)funds from preliminary
engineering that tee programmed for FY 14-15 In Amendment 96 approved an 6=15 to SCAG's 2015 FTIP. There is no not change In federal funding. The parking lot surfacing and read improvements of
adjacent Hermosa Drive and Arenas Road vAl be constructed using SAFETEA-LU DEMO funds obligated under corrganlon project HPLUL-5282(033). The original NEPA decision approved on 5.ro2/13 was
revalidated on 1211 W14. Reimburse whin F130 PLHD Wnds de-ob%awd from preliminary angineering at 100%on a pro rate mimburesment bests up to the federal amounts shown for construction and construction
angineenrg.
09/162015 Urban area revised from Pal Spring*to Indle-Coachella.
FEDERAL REMARKS
AUTHORIZATION
AUTHORZATION TO PROCEED WITH REOUEST:CON PREPARED IN FADS BY:VERGEL DE DIGS.ALBERTO ON 0810TRD15 BW3944
FOR:CONSTRUCTION&CENG. REVIEWED 1N FADS BY:LOUIE,PATRICK ON W132D15 6537349
DOCUMENT TYPE:AMOD SUBMITTED IN FADS BY;LOUIE.PATRICK ON 091182D15 FOR CALTRANS
PROCESSED IN FADS BY: FOGLE,JERILYNN ON W162015 FOR FHWA
APPROVED IN FMIS BY:TAStA PAPAJOHN ON 091172015
SIGNATURE HISTORY FOR PROJECT NUMBER 5282(032)AS OF 0911 82 0 1 5
FHWA FMIS 4.0 SIGNATURE HISTORY
MOD a SIGNED BY SIGNED ON
1 JERILYNN FOGLE 00117=15
ZYLKIA MARTIN-YAMBO 091172015
TASIA PAPAJOHN DW172015
0 JERILYNN FOGLE 09252009
JACOB R.WACLAW 09/252009
ADA B.LEHNER 09252009
FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AMEND/MOD LOUIE,PATRICK 091162D15
iV
00
AMENDMENT MODIFICATION SUMMARY-(E-TB)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION
DLA LOCATOR: 08•RIV-0MSP PROJECT LOCATION:
PREFIX: HPLUL SOUTHEAST CORNER OF TAHOUIT2 CANYON WAY AND HERMOSA DRIVE
PROJECT NO: 6282(033) TYPE OF WORK:
SEO NO: 2 ROAD RECONSTRUCTION PREV AUTH I AGREE DATES'
STATE PROJ NO08925153L FED RR NOS: PE: 08101112010
AGENCY: PALM SPRINGS PUC CODES: RAN:
ROUTE: PROJ OVERSIGHT:DELEGATEDILOCAL ADMIN CON:
TIP DATA ENV STATUS I DT: DELEG TO STATE USC 32MEC 6004 05l0212013 SPR:
MPO: SLAG RW STATUS 1 OT: 1 03/032014 MCS:
FSTIP YR: 14115 INV RTE: OTH:
$TIP REF: 2094000-3758 BEG MP: 0
DISASTER NO: END MP: 0
BRIDGE NOS:
PROG CODE LINE NO IMPV TYPE FUNC SYS URBAN AREA URBA2URAL DEMO 10
HY20 10 16 C INDIO-COACHFLLA URBAN CA716
HY20 30 04 C WDIO-COACHELLA URBAN CA716
LY20 30 04 C INOk0-COACHELLA URBAN CA716
LY20 31 17 C MDIO-COACHELLA URBAN CA716
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST AC COST
PREY.OBLIGATION $82,600.00 $50,000.00 $0.00
PE THIS REQUEST $85,948.00 $-6.032.00 $0.00
SUBTOTAL S14a,448.00 $43.068.00 $0.00
PREY.OBLIGATION $0-00 $0.00 S0.00
R1W THIS REQUEST $0.00 $0.00 $0.D0
SUBTOTAL $0.00 $0.00 S0.00
PREY.OBLIGATION $0.00 $0.00 $0.00
CON THIS REQUEST $1.044.735.00 S406.834.72 $0.00
SUBTOTAL $1,D44,735.00 S408,934.72 $0.00
TOTAL $1,193,1a3.00 $449,902.72 $0.00
STATE REMARKS
06/111=10 This Is a request for Preliminary Engineering funding for roadway and linage Improvements at the southeast comer of Tahqul2 Canyon Way and Hamm Drive in the City at Patin Springs. This project will used
HY20 DEMO funds at a madman reimbursement ratio of 80,00%up to$85,500 and LY20 DEMO funds at a mazlmum reimbursement ratio of 80,00%up to$354,403.
05117201E
052511E TOTAL COST FED PIC FED FUND(HY20) LOCAL
PREL ENG'G S 62,500 $62,500 S50,000 112,600
DEMO 10 716,HPP 3792.(madway improvemente rosy)
0528201E 0528710:Seq 1-authorized$50.000 of HY20 funds for PE. The City shall not begin final design(PSBE)until after approval of the NEPA environmental document, Per are City there is NO signal work on this
project. The HPP funds are from SAFETEA4-U HPP Legislated Project p 3792 and the legislated description is Road&signage improvements.Southeast corner d Tahquitz Carryon Way and Hermosa Drive,
Ague Calleme Museum,Palm Springs.' Please note that the museum has not been built yet. AS
12708J2014 SED 2.This is a request for Construction and Construction Engineering Balding using Earmark DEMO CA716 funds far road and signage Improvements,southwest comer of Taliqui2 Carryon Way and Hemnae,
On".The project is misted to PLHD065282(032)that requests Construction and Construction Engineering funding using 2006 Pubic Lands Highways Discretionary(PLHD)funds with impravements to Include
widening of Hermosa Drive between TaNuaz Canyon Way and Arenas Road,including adjacent o"ite parking improvements(bay perking stalls);w4enslon of Hermosa Drive between Arenas Road and Sansto
Road;and construction of Palm Springs Strom Omin Line 9 Improvements from Bensto Channel to Arenas Road,
08/0620M SEQ 2.Agreement End Date is an 0813012020.
OW072015 Sequence W2 is a request for construction and construction englneercg funding for the canslrutlion of an effiWe parking lot at the southeast miner of Tehquitr Canyon Way and Hennow Dnve to serve the Ague
Callente Cultural Museum and to widening of Hemlom Drive from Badsto Road to Tehgjicr Canyon Way to ecoommodate ov.stmei parking and slam drainage Improvemens In the City of Palm Springs using
SAFETEA4-U High Priority Program(DEMO)kinds programmed for FY 1&151n Amendment#6 approved on 6102115 to SCAG's 2015 FTIP. The$tam drainage improvements will be concocted using Public
I vJ
Lands HNgtrwsY Dlarletiorury(PLHD)funding obligated under companion project PLHDL06-5282(032). The odginal NEPA decision approved on 51=13 was revalidated on 12/18114. Reimburse with HY20 and
LY20 DEMO funds at 80%on a lump sum reimbursement bays up to the federal amounts shown for construction and construction engineering. DEMO ID CA716,SAFETEA-.0 HPP N3792.
FEDERAL REMARKS �
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REOUEST:CON PREPARED IN FADS BY:VERGEL OE DIOS.ALBERTO ON DOM712015 806.3944
FOR:CONSTRUCTION&GENG. REVIEWED IN FADS BY:LOUIE,PATRICK ON D911312015 653.7349
DOCUMENT TYPE:AMOD SUBMr7ED IN FADS BY:LOUIE,PATRICK ON D91131Y015 FOR CALTRANS
PROCESSED IN FADS BY:FOGLE,JERILYNN ON 0 911 812 01 5 FOR FHWA
APPROVED IN FMIS BY:TASIA PAPAJOHN ON 0 9117/2 01 5
SIGNATURE HISTORY FOR PROJECT NUMBER 5282(033)AS OF 0 911 872 01 5
FHWA FMIS 4.0 SIGNATURE HISTORY
MOD N SIGNED BY SIGNED ON
1 JERILYNN FOGLE 09117=15
ZYLKIA MARTIN-YAMB0 0911714015
TASIA PAPAJOHN 09/171201$
0 SHUN HUEY 0810212010
CAW J.SWEETEN 0111 2010
DUSTIN BAILEY 06108=10
FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AMENOIMOD LOUIE,PATRICK 09/13/2015
W
O '
Attachment 4
34
STATE OF CALIFORNIA-THE RESOURCES AGENCY
DEPARTMENT OF FISH AND GAME 21)1 AN' [3 SAC 10.
ENVIRONMENTAL FILING FEE CASH RECEIPT
Receipt#: 201300229
State Clearinghouse#(if applicable): 2013021032
Lead Agency CITY OF PALM SPRINGS Date: 05107)2013
Coun0A9encyofFdrng: Riverside Document No: 201300229
Project TNie: AGUA CALIENTE ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT
Proj ctAppiimnt Narne: CITY OF PALM SPRINGS Phone Number: 760-323-8245
Project Applicant Address 3200 E.TAQUITZ CANYON WAY PALM SPRINGS,CA 92262
Project Applicene Local Public Agency
CHECK APPLTCABLE FEES.•
[]Environmental Impact Report
®Negative Declaration 2156.25
❑Appticotion Fee Water Diversion(State Water Resources Control Board Only)
❑Project Subject to Certified Regulatory Programs
Q Counp.Adminiso'ation Fee $50.00
❑Project that is exempi from fees(DFG No E,0"ec!Determination(Form Attached))
❑Project that is exentptyomfees(Notice of Exemption)
Total Received 2206.25
i
Stgnamre and ttrk afperson racatvtng payment:
Notes'
I I
I I
i
j
32
IJ RNERSIDE=COUE D
MAY 0 7 2013
LARRY W.WARD,CLEW
Notice of DeterminationBy
� D
To: From:
❑ Office of Planning and Research Public Agency: City of Palm Springs
U.S.Mail: StreerAddress: Address: 3200 E.Tahquitz Canyon Way
P.O.Box 3044 1400 Tenth St.,Hm 113 Palm Springs,CA 92282 .
Sacramento,CA 95812-3044 Sacramento,CA 95814 Contact:Edward 0.Robertson,Principal Planner
Phone:(780)323.8245 _
® County Clerk
County of: Riverside Lead Agency(if different from above):
Address: 2720 Gateway Drive _
Riverside,CA 92502 Address:
Contact:
Phone:
SUBJECT.Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public
Resources Code,
State Clearinghouse(Dumber(V submitted to State Clearinghouse):2013021032
Project Title: Agua Caliente Roadway and Drainage Improvements Project
Project Applicant: City of Palm Springs
_I Project Location(include CoUnty):Southeest comer of Tahqultz Canyon Way&Hermosa Drive,PS,Riverside Cry
Project Description:
The design and construction of street and storm drainage improvements for the site ofihe future Agua Caliente
Cultural Museum.The Museum will be located at the southeast corner of the intersection of Tahquitz Canyon Way
and Hermosa Drive.The pro]ectwill include the following:
1.Widening of Hermosa Drive(east half)between Tahquitz Canyon Way&Hermosa Drive to its full width
2.Construction of off-sae bay parking spaces along the east side of Hermosa or.b/w Tahquitz Cyn Way&Arenas Rd
3.Extension of Hermosa Dr.4V Wde blw Arenas Rd.&Barlsto Rd.;a length of 600'the road is currently unimproveb
This is to advise that the City of Palm springs has approved the above
( Lead Agency or❑Responsible Agency)
described project on 04.24.13 and has made the following determinations regarding the above
(date)
described project
1.The project(❑will j]will not]have a significant effect on the environment.
2.❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
j]A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3.Mitigation measures(®were ❑were not]made a condition of the approval of the project.
4.A mitigation reporting or monitoring plan[®was ❑was not]adopted for this project.
5.A statement of Overriding Considerations[❑was ®was not)adopted for this project.
6.Findings[®were ❑were not]made pursuant to the provisions of CEQA.
This Is to certify that the final EIR with comments and responses and record of project approval, or the
negative Declaration, is available to the General Public at:
3200 E.Tahquitz Canyon Drive.Palm Springs,CA 92262
Signature(Public Agency):. %t.! 4 Title: [hick o�
Date:05.01.13 ,! _ Date Received for filing at OPR; VrY C:.GRS
Neg Ue ;a.;a:c : tc e:ermination
Authority cited:Sections 21083,Public Resources Code.
Reference Section 21 000-21 1 74, Public Resources Code,
' ' 33
NOTICE OF DETERMINATION
MITIGATED NEGATIVE DECLARATION
"Ague Caliente Roadway and Drainage Improvements Project"
State Clearinghouse No. 2013021032
5.01A3
LEAD AGENCY: City of Palm Springs, 3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
PROJECT TITLE: Ague Caliente Roadway and Drainage Improvements Project
i
PROJECT LOCATION: Southeast comer of the intersection of Tahquitz Canyon Way and
Hermosa Drive, extending southerly along Hermosa Drive to the
current southerly terminus of Hermosa Drive at the Baristo Channel,
Palm Springs, California
PROJECT DESCRIPTION: The project will design and construct street and storm drainage
improvements to benefit the site of the future Agua Caliente Cultural Museum located at the
southeast corner of the intersection of Tahquitz Canyon Way and Hermosa Drive. This project
includes the following improvements:
• Widening of Hermosa Drive(east half)between Tahquitz Canyon Way and Hermosa Drive to
its full-width 40-foot-wide (curb to curb) collector street designation. Currently along the
segment between Tahquitz Canyon Way and Hermosa Drive, the street is a narrow two-lane
roadway(20 feet wide) lacking any improvements along its east half. The widening does not
add any new lanes, and the street will remain a two-lane roadway.
• Construction of off-site bay parking spaces along the east side of Hermosa Drive, between
Tahquitz Canyon Way and Arenas Road.
Extension of Hermosa Drive, 40 fleet wide (curb to curb), between Arenas Road and Baristo
Road (a length of 600 feet). Along the segment between Arenas Road and Baristo Road,the
street is currentiy unimproved.
j • Construction of a storm drain system (defined as Palm Springs Line 9 of the Master Plan of
Drainage for the Palm Springs Area)extending in Hermosa Drive from the Baristo Channel to
Arenas Road. The planned storm drain system comprises the following items: 650± feet of
48" RCP [Q10=85 cfs] — Baristo Channel to Baristo Road; 650± feet of 30" RCP 1010=45
cis], and associated storm drain improvements. Construction of the storm drain system will
require excavations as much as 8 feet deep, or more, depending upon final design.
I
j FINDINGS/DETERMINATION: On 05.01.13, 2013 the Assistant Public Works Director adopted
!. the Agua CaWnte Roadway and Drainage Improvements Project Mitigated Negative Declaration
(MND), pursuant to the California Environmental Quality Act (CEQA) (, and approved the
preferred design of the of the project. The Assistant Public Works Director has determined that:
• That the MND had been prepared and completed in compliance with CEQA and that the
City did consider the 0."ND together with comments received during the public ,av;aw,
process. The Assistant Public Works Director found that on the basis of the whole record
before it (including the MND and any comments received), that there is no substantial
evidence that the project will have a significant effect on the environment and that the
MND reflects the City's independent judgment and analysis.
That the mitigation measures described in the MND are feasible and were included and
adopted as part of the project, and therefore become binding upon the Ague Caliente
Roadway and Drainage Improvements Project. A mitigation monitoring and reporting
program has adopted for the project.
AVAILABILITY OF THE MND AND RECORD OF PROJECT APPROVAL: The MND and record
of project approval may be reviewed at the City Hall of the City of Palm Springs located at:
3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262 34
Attachment 5
35
CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM
08-RIV-Cityof Palm Springs PLHDL06 5282(0321&HPLUL 5282 033
Dist.Co.-Rte.(or Local Agency) P.MIP.M. EA.(State project) Federal-Aid Project No.(Local project)/Proj.No,
(Project No.
PROJECT DESCRIPTION:
The purpose of the project is to provide street and stom/drainage improvements for the Agua C8lienta Guttural Museum.
Improvements include:widen Hermosa Drive between Tahquhz Canyon Way and Arenas Road(non-cepacky);construction of off-site
bay parking spaces along the east side of Hermosa Drive,between Tahquitz Canyon Way and Arenas Road;widen Hermosa Drive to
40 feet(curb-curb)between Arenas Road and Barlsto Road(600 feet);and construction of a storm drain system(defined as Palm
Springis Line 9 extending in Hermosa Drive from Bansto Channel to Arenas Road.
CEQA COMPLIANCE por State Proiectsonly)
Based on an examination of this proposal,supporting information,and the following statements(See 14 CCR 15300 et seq.):
• It this project falls within exempt Gass 3,4,5,6 or 11,it does not impact an environmental resource of hazardous or critical conmm
where designated,precisely mapped and officially adopted pursuant to law.
• There will not be a significant cumulative elect by this project and successive projects of the same type in the same place,over time.
• There Is not a reasonable possibility that the project will have a sgni6cant effect on the environment due to unusual circumstances.
• This project does not damage a scenic resource within an officially designated state scenic highway.
• This project is not located on a site Included on any 61 compiled pursuant to Govt,Code§65962.5("Cortese List).
This project does not reuse a substantial adverse change in the significance of a historical resource.
CALTRANS CEQA DETERMINATION (Check one)
❑ Exempt by Statute.(PRC 21080[b]; 14 CCR 15260 et seq.)
Based on an examination of this proposal,supporting information,and the above statements,the project is:
❑ Categorically Exempt.Class_ (PRC 21084;14 CCR 15300 at seq.)
❑ Categorically Fxempt.General Rule exemption.[This project does not fall within an exempt class,but it can be seen with
certainty that there is no possibility that the activity may have a significant effect on the environment(CCR 15061[b][3])
Print Name:Environmental Branch Chief Print Name:Project ManagedDLA Engineer
Signature Date Signature Date
NEPA COMPLIANCE
In accordance with 23 CFR 771.117,and based on an examination of thrs proposal and supporting information,the State has
determined thatthis project:
• does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the
requirements to prepare an Environmental Assessment(EA)or Environmental Impact Statement(EIS),and
• has considered unusual circumstances pursuant to 23 CFR 771.117(b)
(hft1/www.fhwa.dot
In non-attainment or maintenance areas for Federal air quality standards,the project is either exempt from all conformity
requirements,or conformity analysis has been completed pursuant to 42 USC 7506(c)and40 CFR 93.126,40 CFR 93.127,
40 CFR 93.128.
CALTRANS NEPA DETERMINATION (check one)
® 23 USC 326: The State has been assigned,and hereby certifies that it has carried out,the responsibility to make this
determination pursuant to Chapter 3 of Title 23,United Stales Code,Section 326 and a Memorandum of Understanding(MOU)
dated June 7,2010,executed between the FHWA and the State.The State has determined that the project Is a Categorical
Exclusion under:
❑23 CFR 771.117(c):activity(c)(_J
®23 CFR 771.1f7(d):activity(d)(_1J
❑Activity_ listed in Appendix A of the MOU between FHWA and the State
❑ 23 USC 327: Based on an examination of this proposal and supporting information,the State has determined that the project is a
CE and r 23 USC 3327. f �/
Print Name:Envi mehlef Print Name:P`q Ma er/DLq Engineer
5ignature Date Signature Date
Dale of Cate orical Exclusion Checklist completion:5-2-13 Date of ECR orequivalent 5-2-13
Briatty list environmental commitments on continuation sheet. Reference additional information,as appropriate(e.g.,air quality
studies,documentation of conformity exemption,FHWA conformity determination if 23 USC 327 project§106 commitments;§4(f);
§7 results;Wetlands Finding:FPoedplaln Finding;additional studies:and design conditions).
Rcvixd(Ripber 2012
Page 1 of 5
36
CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM
Continuation Sheet
08-RIV-C of Palm Springs PLHDLO6 5282 032 &HPLUL 5292 033
Dist.-Co.-Rts.(or Local Agency) P.WP.M. E.A.(State project) Federal-Aid Project No.(Local project)l Proj.No.
1Pr ject No.
Continued from page 1:
Minimization Measures
Air
1, Rule 402{Nuisance):There is to be no discharge from any source whatsoever such quantities of air
contamination or other material which cause injury,detriment,nuisance,or annoyance to any
considerable number of persons or to the public,or which endanger the comfort, repose,health,or safety
of any such persons to the public,or which cause,or have a natural tendency to cause injury or damages
to business or property.This rule does not apply to odors emanating from agricultural operations
necessary for the growing of crops or the raising of fowl or animals.
2. Rule 403(Fugitive Oust):Fugitive dust sources are to implement Best Available Control Measures for all
sources and all forms of visible particulate matter in order to prohibit the crossing of any property line.
SCAQMD Rule 403 is intended to reduce PM10 emissions from any transportation, handling,
construction,or storage activity that has the potential to generate fugitive dust.PM10 suppression
techniques are summarized below.
1) Portions of the construction site to remain inactive longer than a period of three months will be
seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the
city.
2) All on-site roads will be paved as soon as feasible orwatered periodically orchemically stabilized.
3) All material transported off-site will be either be sufficiently watered or securely covered to prevent
excessive amounts of dust.
4) The area distributed by Gearing,grading,earth moving,or excavation operations will be minimized
at all times.
5) Where vehicles lease the construction site and enter adjacent public streets,the streets will be
swept daily or washed down at the end of the work day to remove soil tracked onto the paved
surface.
Noise
1. Construction noise is regulated by Caltrans Standard Specifications Section 14 02,"Noise Control",
which states:
. Do not exceed 86 d BA at 50 feet from the job site activities from 9 p.m.to 6 a.m.
. Equip an internal combustion engine with the manufacturer recommended muffler. Do not
operate an internal combustion engine on the job site without the appropriate muffler.
2. As directed by the City of Palm Springs,the contractor will implement appropriate additional noise
mitigation measures,including changing the location of stationary construction equipment,turning off
idling equipment,rescheduling construction activity,notifying adjacent residents in advance of
construction work,and installing acoustic barriers around stationary construction noise sources.
Biology
1. The City shall not plant invasive species listed in Table 4-4 of the Agua Caliente Tribal Habitat
Conservation Plan(THCP).
2. For Coachella Valley milk-vetch,which is the only plant species covered by the THCP,the City shall
implement the mitigation measures outlined on Table ES-2 in the THCP.
3. Prior to any vegetation removal or ground-disturbing activities:
• Focused surveys shall be conducted within and adjacent to(within 100 feet,where appropriate)
the proposed impact area,which will include implants from project construction(temporary
construction zone and staging areas)or by post-construction fuel management. Surveys shall
be conducted during the appropriate time of year to determine the presence of special-status
Rtvitcd Occuber 2012
Page 2 of 5
37
CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM
Continuation Sheet
08-RIV-0i of Palm Springs PLHDLOB 5282 032 &HPLUL 5282 033
Dist.-Co.-Rte.(or Local Agency) P.MVP.M. EA,(State project) Federal-Ald Project No.(Local project)/Proj.No.
/Project No.
plant species that have been identified as potentially occurring on the project sae.Surveys shall
be conducted in accordance with the Guidelines for Assessing the Effects of Proposed Projects
on Rare, Threatened,and Endangered Plants and Natural Communities(CDFG 2000).Field
surveys shall be scheduled to coincide with known flowering periods(for the specific species)
and/or during periods of physiological development that are necessary to Identify the plant
species of concem. It is important for project staff to schedule the required plant survey in time
to allow for salvage and transplantation,if required,prior to initiation of project grading.The
survey report,including a description of methods,map of area surveyed,results,and a
complete list of all plant taxis found during the survey,shall be completed prior to initiation of
any grading or equipment operation.If no occurrences of special status species are found,no
further mitigation is required.
• If any federally or state-listed,CNPS Rare Plant Rank 1 or 2 plant species are found within or
adjacent to(within 100 feet)the proposed impact area during the surveys,the CDFG, USFWS
or another appropriate agency,as applicable,shall be notified regarding the status and location
of the plant and the necessary approval andlorpennits obtained-These plant species shall be
avoided to the extent possible.Avoidance measures shall include fencing of the populations
before construction,exclusion of project activities from the fenced-off areas(no ingress of
personnel or equipment),and construction monitoring by a qualified biologist.Avoidance areas
shall be identified on project plans.
• Prior to the issuance of a grading permit,the City shall pay the regional impact mitigation fee
established by the THCP;however,only one of the plants discussed above is covered by the
THCP(Coachella Valley milk-vetch);therefore the following mitigation is as follows:
1) Before the approval of grading plans or any groundbreaking activity within the project
site,the City shall submit a mitigation plan concurrently to the CDFG and USFWS(if
appropriate)for review and comment,and the City consult with these entities before
approval of the plan.The plan shall include mitigation measures for the populations to
be directly affected. Possible mitigation for the populations that would be removed
during construction of the project includes implementation of a program to transplant,
salvage,cultivate,or re-establish the species at suitable saes(if feasible).The
mitigation ratio for directly impacted plant species shall be at a minimum ration of 2:1.
The actual level of mitigation may vary depending on the sensitivity of the species,its
prevalence In the area,and the Current state of knowledge about overall population
trends and threats to its survival.Alternatively,replacement credits may be purchased
by the City at an approved mitigation bank should such credits be available.
• Transplantation of existing special-status plants could be undertaken to move the plants to a
suitable habitat location,either within the project site or at an off-site preserve to be protected in
perpetuity.The offsfte preserve shall include similar$ail,climate,and associated plant species
as are currently present at the project site.This location will be protected in perpetuity under a
conservation easement and managed appropriately to ensure the transplantation is a success.
• If on-site preservation is determined to be feasible,a conservation easement shall be placed
over project open space areas to preserve the mitigation areas in perpetuity.
4. If trees cannot be removed outside the nesting season,pre-construction surveys will be conducted prior
to vegetation removal or site disturbance to verify the absence of active nests within 250 feet of
construction activities.If construction or vegetation removal is proposed during the breeding/nesting
season(March 15 through August 15).a focused survey for active nests of raptors and migratory birds
approximately 250 feet around the area of impact,where possible,shall be conducted by a qualified
biologist. A pre-construction survey shall be conducted no more than one week prior to vegetation
removal.If no active nests are found,vegetation removal or construction activities may proceed.If an
active nest is located during pre-construction surveys,USFWS and/or CDFG(as appropriate)shall be
notified regarding the status of the nest. Furthermore,construction activities shall be restricted as
necessary to avoid disturbance of the nest until it is abandoned or the biologist deems disturbance
potential to be minimal. Restrictions may include establishment of exclusion zones or alteration of the
construction schedule.The exclusion zones will include no ingress of personnel or equipment at a
minimum radius of 250 feel around an active rector nest and 100-feet radius around an active migratory
bird nest,or other appropriate exclusionary buffer as detemfined by the appropriate agency.
5. During project development,the size of the work area limits wilt be reduced to the smallest amount
feasible within sensitive habitat areas.
Revised October 2012
Page 3 of i
38
CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM
Continuation Sheet
6. For burrowing owl,the City shall implement the mitigation measures as described in Section 4.8.42.
(g)of the THCP as summarized below.
1) A qualified biologist shall perform burring owl surveys in order to determine burrow locations
within 30 days prior to site mobilization using CDFG and Colifomia$urrowing Owl Consortium
(CBOC)guidelines(CBOC 1993)-If construction is delayed or suspended for more than 30 days
after the survey,the area shall be resurveyed.Surveys for occupied burrows shall be completed
within all construction areas and within 250 feet from the project impact area,where possible and
appropriate based on habitat.All occupied burrows wilt be mapped on an aerial photo.At least 15
days prior to the expected start of any project-related ground disturbance activities,or restart of
activities,the Applicant shall provide the burrowing owl report and mapping to the CDFG.Based
on the burrowing owl survey results,the following actions shall be taken by the Applicant to offset
impacts during construction as oudined in the following CDFG guidance:
a) During the non-breeding season(September 1 through January 31). no disturbance
should occur within approximately 160-foot radius of an occupied burrow. During the
nesting season for burrowing owls(February 1 through August 31),occupied burrows
should not be disturbed within a 250-toot radius unless a qualified biologist approved by
the CDFG verges through non-invasive methods that either(1.)the birds have not
begun egg-laying and incubation:or(2.)that juveniles from the occupied burrows are
foraging independently and are capable of independent survival.
b) If owls must be moved away from the disturbance area,passive relocation techniques
as outlined by the CDFG should be used rather than trapping.At least one or more
weeks will be necessary to accomplish this and allow the owls to acclimate to alternate
burrows
c) If unpaired owls or paired owls are present in or within 160 feet of areas scheduled for
disturbance or degradation and nesting in not occurring,owls are to be reproved per
CDFG-approved passive relocation protocols. Passive relocation requires the use of
one-way exclusion doors,which must remain in place at least 48 hours prior to site
disturbance to Insure owls have left the burrow prior to construction.
d) If paired owls are nesting in areas scheduled for disturbance or degradation,nests shall
be avoided from February 1 through August 31 by a minimum of a 250-foot buffer or
until fledging has occurred.Following fledging,owls may be passively relocated.
e) If no burrowing owls are detected during the pre-construction survey,no further action is
necessary.
f) Additionally,the City shall provide Worker Environmental Awareness Program(WEAP)
for all employees working within the PSA so that they are aware of resources in the
area, required measures and practices for protecting biological resources and contacts
and procedures in case wildlife is injured or encountered during construction.
7. For Bat-tailed homed lizard,Palm Spring pocket mouse,and Palm Spring ground squirrel,the City
shall implement the mitigation measures outlined on Table ES-2 in the THCP.
8. The monitors shall be responsible for ensuring,on at least a weekly basis during rough grading,that
the approved limits of disturbance are not exceeded and that the contractor adheres to the other
provisions set forth in this section.The monitors shall have the authority to halt disturbance activities in
the event[hat these provisions are not met. In such event the monitor shall report the situation to the
Tribe,which will determine appropriate remediation measures Is 10A ratio of mitigation is required for
all disturbances to natural habitat outside of the approved Development Envelope).All such impacts
shall be recorded and tracked by the Tribe to ensure the cumulative maximum amount of habitat
disturbance of the THCP is accurately accounted and not exceeded-The monitors shall submit a
report to the Tribal Planning and Development Department monthly during construction documenting
the Implementation of all disturbance period minimization measures.The Tribe will forward a copy of
the annual construction monitoring reports as an appendix to the annual report that will be submitted to
the USFWS by December 31 of each year.
Cultural
1. If cultural materials are discovered during construction,all earth-moving activity within and around the
immediate discovery area will be diverted until a qualified archaeologist can assess the nature and
significance of the find.
Revised October 2012
Page 4 of 5
39
CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM
Continuation Sheet
2, If human remains are discovered,State Health and Safety Code Section 7050.5 states that further
disturbances and activities shall cease in any area or nearby area suspected to overlie remains,and
the County Coroner contacted. Pursuant to Public Resources Code Section 5097.98,if the remains
are thought to be Native American,the coroner will notify the Native American Heritage Commission
(NAHC)who will then notify fhe Most Likely Descendent(MLD). At this time,the person who
discovered the remains will contact the Department so that they may work with the MLD on the
respectful treatment and disposition of the remains.Further provisions of PRC 5097.98 are to be
followed as applicable.
Responsible Parties:Contact The District Environmental Branch Chief(DEBC),Gabrielle Duff at
(909)383-6399 or District Native American Coordinator(DNAC), Gary Jones at(909)383-7505 if any
cultural elements or human remains are discovered.An additional survey will be required if the project
changes to include areas not previously surveyed for cultural resources_
Revised Oc[ober 2012
Page 5 of 5 - -
40
Attachment 2
41
HERMOSA DRIVE STREET&STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO.0944
BID SUMMARY BN Opelnnp:M111M1 24,2me
BID SCHEDULE BORDEN EXCAVATING WEHA INC. ISO STAR CONTRACTING 0DUFFY BROS.INC H&H GENERAL
COAST UNIT COW.RS".
BIO REM REM DESCRIPTION UNT-PR-T TOTAL UNIT PR. TOTAL UNRPR. TOTAL UNIT PR, TOTAL UNIT PR. TOTAL
A bACOWn L$ $50510.DO $50.510.D0 I'D 52B 00 553.52800 EO1.115Do 01.1IS Ol E250.DO 823.OW 0o 81a0.OR,.00 11iOOW 0,
i,...y TnRx COI ILS SO So 000 8I BOO DO Si Wo.W $1 Do.DO $4o 31p.o0 SPo.IiRW $35 DO.0. 4350o0W S1B000Do ale pooW
S2 50DDO 5351OW S?SOOW 535D000 E11308 p0 S1a3pB Op 5500000 11 DID.1 5]BOD 00 518000o
i npEMivYsvux I LS 150.WO00 E50000.Do $11 TOO DO 415000.W EY53100 1SES3RW Si0..1 DO SIS Do.00 Psi W0 o0 "I0o0 D0
SIG) .achy Euveam l F-O 111 DO $1.DID D0 41000 $3023C00 $1101 $1150,Do W000 1151.10 Do $1,11 $11'21I.00
Rmove Enxvep PCC CUN.6 Gun> LG $SW 4350W $IDO $111. $1225 8351,50 $24 o0 I BOO.W EI000 530000
uemn ROm Emuaanp PCC B. lmM BG E300 $25p000 $I 50 $1 BID Do $202 82525W S3N SO 1.DO $1.80 1."1
E200 $SMOOD E300 So BDO DO SE TC 51010 D0 IS SO $10000.DO 5500 SIC DO Do
p mwe E..,CekR.- I EA $200300 $2,Boo .I S2o.. 1 0o 1 508D,CO $300000 53.W000 $1.2W.DO SaIDOoo
ve Evxtrq iZ RCP lntludnp stonyI, Ll S1o00o 1]3.00 1155000 HIS IC 17X305 BID D0 SB DID DO SBS DO SS 121ID
bWm MererwueaR
11
els BOO,A C.Pevemml 3F j Eo.10 SS,Wo.W SO OD 532/0000 $028 $II BBO DO SO 4. Ill 1.DO $0.03 $312.0 DO
1 E.1 g .-111.11 BOD BG $1 DO WOOD $4 OR $I BOB DO $711 $1,0IOO. $1150 $1.50001 $4.40 $2904 DO
1
$300D $2BB0000 $1.. $32.SW 00 $a12e $33.1BO Oo ISS Oo E24.1W00 I. 30O3W Oo
14 1.1,Ala CUN $18W $J 00000 $1SM $B.BW 00 E2281 E11.12000 523Po E11oW.W E43W 121,OW 00
BB Do- LF $21W E311BBOo S23W E.,1110. 1205E W2i11 DO $3100 S1B03500 $25.W $371DO DO
$25W 5100000 ENW EBBO 00 E20]T $1,17aB0 DID DO $1 i0000 $3000 $158000
1 Ca-,r BPOO Swd'.1 and C-O A,, 0 3F SS 00 $10AW 00 10.03 .1.1.DO $1,B1 823III to 813W $211W.00 S1220 "I'loo 0'
RCFL51VCO3m L-1O.--No 2Pei Sp pp $l,oW 0o P12W SBOW Oo ST.T3 $11.500 $15 DO 17,5W 00 411 Do $1 DID
Orq He LD30t
1. pMmn&6 nC L-,DepexsI'D So y00 515W 00 S11W 11.Do i/.T] IIDD211 $150o $3,25000 $1250 531110D
p CmaZ B PCC C,ntNl iOnvmay Pei l IF $100 $152S 00 $1000 $]2500o $12To so 0510o $11.00 $701500 $1000 EI3,i]500
DaW i Nol an Psn$nnlNa 1
E000 Si0B0000 SO DO $1,AD000 $070 .1 B0000 $10 Do SBS,t000o $7 00 $17.100.00
5100 $55 DID W $1 B5 SIB o100D P52 $8300B OD $1 OC BID DID DO $I SO 1.B10W
R,p.-Il On CY E30000 11 OR SBBO DO I.EOO 00 172.0 5321I0W $SSODO $24750W $52000 $1,llU.W
14 GnNuai Rkn Bann PV- )PC00C$w DO ID $7 Soo DO $7 DO $03DO00 SB o00W 80855W IS.DO SO.100 $5 Do,.00 $1.000.0U $7000.D0
Ory.CB1o01w BI-B1-IDA ,D.DO EA $OWO00 $A.1.D. SO DID 10 W2W.W 50011.W EB O11.W SO oD0 850W.o0 ISIPoOo ISIoO00
1-1 WtW B-,1.ROFFC&WCD 1 $05000D SO..0 50.2000U SO-DDO 111,ISI0- SIi.I5p00 SB SOOOO 485DO 00 SPSol OD
D1-1.S C91D.
kn Bsn P®R CFCAWCOBm DA 31p,001.00 SIOOOD.DO $1o,o00 W W 00 110 O00 $145940O Eli epi So DOD 00 ST S0O 00 $040000 S.loo l0
Oy�DE, IWea100,V=100'I 1
11 wRCFCDyq�DO,01,=IDOOPV=B00'I&WCD 1 51O0000o EIO.W000 81200000 E12 WO.o0 E1iBpi 0o $Ii0pi00 E150000 $IOSDOOp 51050000
1B"RCP1501 D, 11LF SBS.O. SS.IOBDO $2150o SIB 50000 $13311 $740820 $12000 $22W.D0 III 3DO $1,'So.00
CP 13000 D1 $12,710O0 BIDS Do $.,I..Do $1 ST 21 $11,00130 $110RD $1B1W 00 11 BB 00 S21.0W 00
1 322S D0 1110i 750W $20000 S171,200D0 $2D212 5155,620 40 $2200O $14740000 $193.00 S12p 111 DO
42H X 12N'Rol Pa CYlmnr Wo000 $22DNOW 501000 S042,D0000 "11 00 $211,20000 $110W 52iT500 DO W1800 522E DW.00
amp
DAD IT,
D;Tz�T. 1Q)
R.Per C-1
13 -lBD 1T1-1ece TI53',T]-e5) S IF $15W 00 $7 DOD 11 $21oo oD $1DOW 00 S1,8W cc Ee0W 00 $1 SW Oo $]SW Oo $1 SO SB5D000
CmAutl lm BOO% ll12 1CP%1111
11 7CW R.To-.Olo-Per o.S1B 1 EA $120000O $12 000 11 S2200000 $220W.Do 513Ill 00 $13 842 00 525000DO $25.O00 00 $215C0.00 1.
00
im DI-to i
Dmmuvi RemHwd C--B T-A,
b .0, 1 EA 50500 DO $p5W 00 311 Do0.DO 11 J IDD 00 $10210.01 $10.21B Oo SID D.DO III OOOW $13 NOW ROD OR
]a 113 RCP XITN%OBW RCB,
CmMm Renbay Cmaak T,-.-
35 ZZ,N,
.3 Pm RLFCdWW SL.O, 1 Ei 580o0W 580000o S13 WO D0 III ODODo E10 D17Do $1000TDO $15 WO00 $IS DIOW $13 DO. $150o0.W
OP L12W%1]'H%p6'W%]iR R.,
e1 36 c S,dO .1152 ] B BI
D 513 N 000 58100W $120IO.DO $8553.W 1-7DSDO EO-D 00 110 DID DO BOB WBOO $IT 20O B.
Y3'I
l) AWc0$klD e M2e3-DW 1 EP SO All DO $1 BBODD 48,10000 5B 10OD0 11"1OR $T 125W $2ADO00 Sol.10' $1810I0 $181000
N'i1 ,2-42H X 1Y ROB)
Cm R m ID
wSuvry Rnd�I EX $2AD000 IS W000 SI ODOBD $2.W000 $1.13]00 $2.35e 00 525oo.DD 48 W..DO SI Nc 00 IS Pq. M aM M J 3310
RCFCAWCD D..'S MH251
IS W 1 000 5300 S]Wp00 $I A. 13800 OR $A SIR 00 $5 WB 00 $150I.I0 $1.500.00 E31W 00 531W.00
XI172 W%42 H RCB%i2 RCP O
ID SWeYe No e2 Per RCGCAwCD Hon lDrq 1 $3.1OOW 13.SOO10 S20W0o BI.Ol D0 $i342DID Il-IDo 12IOD.Do SI Voo 11 $iBW 00 $i0W 00
Do 101III O'r-1e'1
1 nonrq ABrsnO aEPuieAml SS..w Oo $1 D0o.00 $I.."DO 57.01500 I,1,1.00 111200DO $7,2W00 $7.2N 00 $33WO D0 III..DO
tom emrl Pen/na1 Cvwre6 Bea E5oW0o E5000D0 $12.00 $T2W 00 $70WDO $7.03100 $21 AID DO $21.1W OC $I4DO.Do 58.1W Oo
av Je SmmS 1NW 19,.I-.rt1C)
13 Emvnpa ]0 $10DO $1 MOOD $20DO IBW 00 $11p.W $3.5A 00 5120.W 140W Oo SIBeW $4 BAR DO
m yp B Bexe ceune Nd a D TpJ $BO.W BOB..Oo EVBW E91BW Oo $1,DO $7225000 SPDW BOB 1.DO 50000 ITS 500RD
1 y DI 111.cw.a Hor M,. 1,,, '1 $8591500 $12400 SBB I000D EIOB.TO $.1017 50 11 DO DO SAO DooDO SOBOD SOI725.DO
np 0
LS SB000M So, CDO $B 000 D3 SBOOODO 4O.3o4W Sl 1 D ow $ .D W W W So, S1 eD.. $a O
eB ONrx SIDD I.WOPo BID WO SSopooDo $SDW BDO I'DDDOOD ESDWBOO SODODD.1$SO WO DO $SBOOON
TOTAL= $1,033,5I500 TOTAL• $1,PROW.00 TOTAL• $1,315,239U TOTAL J1,413,0E600 TOTAL= $1MS,540.00
1 2 3 4 5 42
HERMOSA DRIVE STREETS STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO.09 04
BID SUMMARY-Continued BM Opaniny'.MamF 2L, I.
BID SCHEDULE OUANT. UNIT CONSTRUCTION RCe..R ALL AMERICAN ASPHALT HILLCREST CONTNACTINO RIIERR.E CCOON$TRUCU N LEE&SURE5INC
810 REM REM DESCRIPTION UNRPR, T TOTAL UNIT PR. TOTAL UNIT PR TOTAL UNITPR. TOTAL UNIT PAL TOTAL UNIT PR. TOTAL
MOLllia9on 1 LS 3320000E $..OW 00 S14(1 CCEA) IIY"IINW ff125 CEO W EI IS WO DO 311 eNOou II Id DE., 3]]B I,,N Wl] IN DE $026000E ID,1.,.1
3 Te.....AyTnh Cmtlol LS EIS.ED.W EIS PoD.00 $2.25oW $2e 25011 $2500000 IIINI I $150W C0 $150000E SW OOOW }BO.OD].10 5150000E EaS,OW OC
e1
Clmgp LS 111W OC $,.1W OC $15000W $25.0mN Se000.00 Ee 0000E $I i.OW OC $II ONN 42B.DCDW $28 ON 00 $22500ED $2?50000
CrvLpngB MItN
0 mws LS I'll,a1D.DD EID<.<N oo $55 Tea 01 EB5]df a0 IDD Di no f]?oaCCo 812CW 00 ff 2000.E SPo000 DO E6001000 S.5o0.W 833.5000E
61FI of Nllol $21N .1111.Du 317..E EW u.I D] $1,Ou III III Do j]flW i.1.1 B00 5]I00 $118,I'D 00 3255E 01111.10
B ReIIIE-lee PCC C.N A 7o I SIC.DB $7Co0C SDI.0 f?]TOon Ali on 311100E $1200 $840 AD $3900 32130.0E E2100 3t e]D.DD
7 PCwl,mI.�M PCc Ilx 'rNAq IF $151 $117DDO $5.W Ee 2500E $270 $3.]75.DC 32.25 329125E 335E ft]75 oC $211 $1`1250
B Geb $d 00 $1 $23]IN $S CBB.W $B IL 315800E Si 0 .50 411.7.0E $125 Ee 450 0E $3 15 $0,1 60 0E
0 n-o C-111 Cacti Favn EA 83.5000E 355000E SS.W000 ES NO.1 Ee NDOu SB IC000 $3000W II..no 11 IN 1. $55CE.W $0,f0000 $A'...
Pmme .osenv 43'RCP Imdu 6lnq� xNny $50 C0 Sd25000 $1In 0. Vi.11. 3110.0E $095DW $11 EDO "I DO 323.E E1.111. 32400o j20 WO C0
PUlvwlm Eea5 pV4.e Iw I SF SO.W $14ME EI I5 514 NO to SOY $21110W $001 S.IBOW $0.3) $10 WE 00 to I.IN OU
11 COM fW Enzlinq A .Pry ,tQunrC) IF 450E 333.0.E EB.5. 142Oon $112. $2]B2W $B OD $5280W $SW 333300E $11 524551E
$YOO VI W100 5195.0E $1lo nN 0. 132.SD E22]6OD0 SY1.00 4210000E 1520E $506000O $405C E]2550ED
LF 5350E All 7,SOO DD E350. $17 500 DO $2000 Sn NO 1. 321.0E FID. 00 $111. $1500..E E3750 S1 B.>5000
3350E 3518750E EYOC $11 O]5O0 I.N 313,.50E E25.DO l'il..00 U.. $21211 C5 11.11 "04N75
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C1
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PCFCBWCO Stl
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l$1.1 I72W X1YN ROB%4I ICP1
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ss7 1.1 E y115,
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5000E SROOO CO $B OOOCO 3115001E 4115.0E Y,IB5.EC EB.I BSW
42 .meal R-.- CakrtY sew+ I EA .00E 01'..1 $6. 55.250W $5,11.N it I I..01 $I7,SW O0 TI8 0W CO.01 f1 A 00 4115000E $1,NO $105.IN. 5105001.1E
Murex 5ewlure l.Vue 1P.Fle C ne11C1
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+3 l7L Ctlo Type WLnn F-oq, 0.30 LF 816E 341. 1 51000E $30W 00 3680E E2BW O0 $..I $2 W 50 4.0E S11 E.00 ff3450 320E 17 W 5CO
oeml m PLn$heel Na A
44 uo"oAi >f°BBcee Ceurse Hol TCV I'll In ROD 000 0800 374,BoOW $.IW $722.N $fi.W E70.50O.W $73.W IN.50W $745D 4611350E
11 ype Cl.1-Cm+v Hor Me EIISW SB "ICE .2E0 $11b000 31100E 3852500E $67W 475.175.W 515.E IN ISSW fB050 302.75E
•qNt
11
T,.,84�pne,5lpup,ane Mx4noe L3 LB... 0.000.0E $S WOOD 38..00E $00.Ou U.ON DO So LEE 17..0..0 37WC.CD tI.I.Oo E45:A.0E
$
SOWI Do 35000oW £5000CC0 ESO.OPo.W $,u,.00 W.O. 440..00E ESOOCD.w 350,INI. U.Wo oo I.No 350.0W
TOTAL- $1,4]6,SZO.W TOTAL E1.k Ao000 TOTAL U...4]235 TOTAL- 41,51ed58_W TOTAL EISBB,1e3.W TOTAL- $1,740,I)EL.
e 7 8 9 10 11
43
Attachment 3
44
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 Borden
Excavating, 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:
HERMOSA DRIVE STREET & STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 09-04
FEDERAL AID PROJECT NO. PLHDL06-5282 (032) & HPLUL-5282 (033)
The Work comprises the widening and extension of Hermosa Drive generally located between
Tahquitz Canyon Way and Baristo Road, including: grading and earthwork; construction of RCP
storm drain pipe (18" to 42" diameter), RCB storm drain culvert (42"x72" and 27"x96"), catch
basins and related structures; construction of concrete curbs, gutters, sidewalk, and curb ramps;
cold milling existing and construction of new asphalt concrete pavement; traffic striping, signage
and markings; and all other appurtenant work.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the
Notice to Proceed by the City, and the Work shall be fully completed within the time specified in
the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the
City will suffer financial loss if the Work is not completed within the time specified in Article 2,
herein, plus any extensions thereof allowed in accordance with applicable provisions of the
Standard Specifications, as modified herein. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the
Work is not completed on time. Accordingly, instead of requiring any such proof, the City and
the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor
shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar
day that expires after the time specified in Article 2, herein. In executing the Agreement, the
Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as
modified herein, related to liquidated damages, and has made itself aware of the actual loss
incurred by the City due to the inability to complete the Work within the time specified in the
Notice to Proceed.
HERMOSA DRIVE STREET&STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 09-04 AGREEMENT FORM-PAGE 4
FEBRUARY 2016
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 One Million Eighty Two Thousand Five Hundred Twenty Five Dollars & Zero Cents
($1,082,525).
Contractor agrees to receive and accept the prices set forth herein, as full compensation for
furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising out of the
nature of the Work during its progress or prior to its acceptance including those for well and
faithfully completing the Work and the whole thereof in the manner and time specified in the
Contract Documents; and, also including those arising from actions of the elements, unforeseen
difficulties or obstructions encountered in the prosecution of the Work, suspension of
discontinuance of the Work, and all other unknowns or risks of any description connected with
the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California Department of
Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages,
the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Declaration, Equal
Employment Opportunity Certification, Debarment and Suspension Certification, Non-Lobbying
Certification for Federal-Aid Contracts, Disclosure of Lobbying Activities, Bid Security or Bid
Bond, Bidder's General Information, Exhibit 15G Local Agency Bidder DBE Commitment, Exhibit
15H DBE Information — Good Faith Efforts, Public Contract Code Section 10285.1 Statement,
Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232
Statement, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment
Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 3 ,
inclusive, and all Change Orders and Work Change Directives which may be delivered or issued
after the Effective Date of the Agreement and are not attached hereto.
The Contract Documents shall also incorporate those certain Federal Requirements for Federal-
Aid Construction Projects (Form FHWA 1273), included in Exhibit "A" attached hereto and
made a part hereof.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the
City, the Contractor agrees to furnish all materials and perform all work required for the above
stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
HERMOSA DRIVE STREET&STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO.09-04 AGREEMENT FORM-PAGE 24 b'
FEBRUARY 2016
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.
HERMOSA DRIVE STREET&STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO.09-04 AGREEMENT FORM-PAGE 3 47
FEBRUARY 2016
ARTICLE 10 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special
Provisions will have the meanings indicated in said Standard Specifications and the Special
Provisions. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically, but without limitation, monies that may become due and
monies that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
HERMOSA DRIVE STREET&STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO.09-04 AGREEMENT FORM-PAGE 4 48
FEBRUARY 2016
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: Borden Excavating, Inc..
By Firm/Company Name
David H. Ready
City Manager
ATTEST:
By:
Signature (notarized)
By
James Thompson Name:
City Clerk
APPROVED AS TO FORM: Title:
By
Douglas Holland By.
City Attorney Signature (notarized)
RECOMMENDED:
Name:
By
Marcus L. Fuller, Title:
Assistant City Manager/City Engineer
APPROVED BY THE CITY COUNCIL:
Date
Agreement No.
HERMOSA DRIVE STREET 8 STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO.09-04 AGREEMENT FORM-PAGE 5 49
FEBRUARY 2016
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
HERMOSA DRIVE STREET&STORM DRAINAGE IMPROVEMENTS I_.
CITY PROJECT NO.09-04 AGREEMENT FORM-EXHIBIT"A" J U
FEBRUARY 2016
FHWA-1273-- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination II, NONDISCRIMINATION
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions The provisions of this section related to 23 CFR Part 230 are applicable
V. Contract Work Hours and Safety Standards Act Provisions to all Federal-aid construction contracts and to all related construction
VI. Subletting or Assigning the Contract subcontracts of$10,000 or more. The provisions of 23 CFR Part 230
VIL Safety:Accident Prevention are not applicable to material supply, engineering, or architectural
Vill. False Statements Concerning Highway Projects service contracts.
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act In addition, the contractor and all subcontractors must comply with the
X. Compliance with Governmenlwide Suspension and Debarment following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
Requirements 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
XI. Certification Regarding Use of Contract Funds for Lobbying amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
amended, and related regulations including 49 CFR Parts 21, 26 and
ATTACHMENTS 27;and 23 CFR Parts 200,230,and 633.
A. Employment and Materials Preference for Appalachian Development The contractor and all subcontractors must comply with: the
Highway System or Appalachian Local Access Road Contracts requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
(included in Appalachian contracts only) for all construction contracts exceeding $10,000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in
I. GENERAL 41 CFR60-4.3.
1. Form FHWA-1273 must be physically incorporated in each Note: The U.S. Department of Labor has exclusive authority to
construction contract funded under Title 23 (excluding emergency determine compliance with Executive Order 11246 and the policies of
contracts solely intended for debris removal). The contractor (or the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.
subcontractor) must insert this form in each subcontract and further The contracting agency and the FHWA have the authority and the
require its inclusion in all lower tier subcontracts (excluding purchase responsibility to ensure compliance wth Title 23 USC Section 140, the
orders, rental agreements and other agreements for supplies or Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of
services). the Civil Rights Act of 1964, as amended, and related regulations
including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and
The applicable requirements of Form FHWA-1273 are incorporated by 633.
reference for work done under any purchase order, rental agreement or
agreement for other services. The prime contractor shall be responsible The following provision is adopted from 23 CFR 230, Appendix A, wth
for compliance by any subcontractor, lower-tier subcontractor or service appropriate revisions to conform to the U.S. Department of Labor(US
provider. DOL)and FHWA requirements.
Form FHWA-1273 must be included in all Federal-aid design-build 1. Equal Employment Opportunity: Equal employment opportunity
contracts, in all subcontracts and in lower tier subcontracts (excluding (EEO)requirements not to discriminate and to take affirmative action to
subcontracts for design services, purchase orders, rental agreements assure equal opportunity as set forth under laws, executive orders,
and other agreements for supplies or services). The design-builder rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41
shall be responsible for compliance by any subcontractor, lower-tier CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as
subcontractor or service provider. modified by the provisions prescribed herein, and imposed pursuant to
23 U.S.C. 140 shall constitute the EEO and specific affirmative action
Contracting agencies may reference Form FHWA-1273 in bid proposal standards for the contractor's project activities under this contract. The
or request for proposal documents, however, the Form FHWA-1273 provisions of the Americans with Disabilities Act of 1990 (42 U.S.C.
must be physically incorporated (not referenced) in all contracts, 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are
subcontracts and lower-tier subcontracts (excluding purchase orders, incorporated by reference in this contract. In the execution of this
rental agreements and other agreements for supplies or services contract, the contractor agrees to comply with the following minimum
related to a construction contract), specific requirement activities of EEO:
2. Subject to the applicability criteria noted in the following sections, a. The contractor will work with the contracting agency and the
these contract provisions shall apply to all work performed on the Federal Government to ensure that it has made every good faith effort
contract by the contractor's own organization and with the assistance of to provide equal opportunity with respect to all of its terms and
workers under the contractor's immediate superintendence and to all conditions of employment and in their review of activities under the
work performed on the contract by piecework, station work, or by contract.
subcontract.
b. The contractor will accept as its operating policy the following
3. A breach of any of the stipulations contained in these Required statement:
Contract Provisions may be sufficient grounds for withholding of
progress payments, withholding of final payment, termination of the 'It is the policy of this Company to assure that applicants are
contract, suspension/debarment or any other action determined to be employed, and that employees are treated during employment,
appropriate by the contracting agency and FHWA. without regard to their race, religion,sex,color,national origin, age or
disability. Such action shall include: employment, upgrading,
4. Selection of Labor: During the performance of this contract, the demotion,or transfer; recruitment or recruitment advertising;layoff or
contractor shall not use convict labor for any purpose within the limits of termination; rates of pay or other forms of compensation; and
a construction project on a Federal-aid highway unless it is labor selection for training, including apprenticeship, pre-apprenticeship,
performed by convicts who are on parole, supervised release, or and/or on-the-job training."
probation. The tens Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 2. EEO Officer: The contractor will designate and make known to the
contracting officers an EEO Officer who will have the responsibility for
and must be capable of effectively administering and promoting an
active EEO program and who must be assigned adequate authority and
responsibility to do so.
HERMOSA DRIVE STREET&STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO.09-04 AGREEMENT FORM—EXHIBIT"A"
FEBRUARY 2016
51
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 discriminatory wage practices.
substantially 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 contractors EEO d.The contractor will promptly investigate all complaints of alleged
policy and its implementation will be reviewed and explained. discrimination made to the contractor in connection with its
The 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
d. Notices and posters setting forth the contractor's EEO policy will the skills of minorities and women who are applicants for
be placed in areas readily accessible to employees,applicants for employment or current employees. Such efforts should be aimed
employment and potential employees. at 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
insure that working conditions and employee facilities do not agency and shall set forth what efforts have been made to obtain
indicate discriminatory treatment of project site personnel, such information.
d. In the event the union is unable to provide the contractor with a
reasonable flow of referrals within the time limit set forth in the
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collective bargaining agreement, the contractor will, through preceding the end of July. If on-the-job training is being required
independent recruitment efforts, fill the employment vacancies by special provision, the contractor will be required to collect and
without regard to race, color, religion, sex, national origin, age or report training data. The employment data should reflect the
disability; making full efforts to obtain qualified and/or qualifiable work force on board during all or any part of the last payroll period
minorities and women. The failure of a union to provide sufficient preceding the end of July.
referrals(even though it is obligated to provide exclusive referrals
under the terms of a collective bargaining agreement) does not III.NONSEGREGATED FACILITIES
relieve the contractor from the requirements of this paragraph.
In the event the union referral practice prevents the contractor This provision is applicable to all Federal-aid construction contracts
from meeting the obligations pursuant to Executive Order 11246, and to all related construction subcontracts of$10,000 or more,
as amended, and these special provisions, such contractor shall
immediately notify the contracting agency. The contractor must ensure that facilities provided for employees
are provided in such a manner that segregation on the basis of
8.Reasonable Accommodation for Applicants/Employees with race, color, religion, sex, or national origin cannot result. The
Disabilities: The contractor must be familiar with the requirements contractor may neither require such segregated use by written or
for and comply with the Americans with Disabilities Act and all rules oral policies nor tolerate such use by employee custom. The
and regulations established there under. Employers must provide contractor's obligation extends further to ensure that its employees
reasonable accommodation in all employment activities unless to do are not assigned to perform their services at any location, under the
so would cause an undue hardship. contractor's control, where the facilities are segregated. The term
"facilities"includes waiting rooms,work areas,restaurants and other
9. Selection of Subcontractors, Procurement of Materials and eating areas, time docks, restrooms, washrooms, locker rooms.
Leasing of Equipment: The contractor shall not discriminate on and other storage or dressing areas,parking lots,drinking fountains,
the grounds of race, color, religion, sex, national origin, age or recreation or entertainment areas, transportation, and housing
disability in the selection and retention of subcontractors, including provided for employees. The contractor shall provide separate or
procurement of materials and leases of equipment. The contractor single-user restrooms and necessary dressing or sleeping areas to
shall take all necessary and reasonable steps to ensure assure privacy between sexes.
nondiscrimination in the administration of this contract.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
a.The contractor shall notify all potential subcontractors and This section is applicable to all Federal-aid construction projects
suppliers and lessors of their EEO obligations under this contract. exceeding $2,000 and to all related subcontracts and lower-tier
b.The contractor will use good faith efforts to ensure subcontractor subcontracts (regardless of subcontract size). The requirements
compliance with their EEO obligations. apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal-aid highway. This excludes
10.Assurance Required by 49 CFR 26.13(b): roadways functionally classified as local roads or rural minor
collectors, which are exempt. Contracting agencies may elect to
a.The requirements of 49 CFR Part 26 and the State DOT's U.S. apply these requirements to other projects.
DOT-approved DBE program are incorporated by reference. The following provisions are from the U.S. Department of Labor
b.The contractor or subcontractor shall not discriminate on the regulations in 29 CFR 5.5"Contract provisions and related matters'
basis of race, color, national origin, or sex in the performance of with minor revisions to conform to the FHWA-1273 format and
this contract. The contractor shall carry out applicable FHWA program requirements.
requirements of 49 CFR Part 26 in the award and administration
of DOT-assisted contracts. Failure by the contractor to carry out 1. Minimum wages
these requirements is a material breach of this contract, which a.All laborers and mechanics employed or working upon the site of
may result in the termination of this contract or such other the work,will be paid unconditionally and not less often than once
remedy as the contracting agency deems appropriate. a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by
11. Records and Reports:The contractor shall keep such records regulations issued by the Secretary of Labor under the Copeland
as necessary to document compliance with the EEO requirements. Act (29 CFR part 3)), the full amount of wages and bona fide
Such records shall be retained for a period of three years following fringe benefits (or cash equivalents thereof) due at time of
the date of the final payment to the contractor for all contract work payment computed at rates not less than those contained in the
and shall be available at reasonable times and places for inspection wage determination of the Secretary of Labor which is attached li
by authorized representatives of the contracting agency and the hereto and made a part hereof, regardless of any contractual
FHWA. relationship which may be alleged to exist between the contractor
and such laborers and mechanics.
a.The records kept by the contractor shall document the following:
Contributions made or costs reasonably anticipated for bona fide
(1)The number and work hours of minority and non-minority group fringe benefits under section l(b)(2) of the Davis-Bacon Act on
members and women employed in each work classification on behalf of laborers or mechanics are considered wages paid to such
the project; laborers or mechanics, subject to the provisions of paragraph 1.d.of
this section; also, regular contributions made or costs incurred for
(2)The progress and efforts being made in cooperation with more than a weekly period (but not less often than quarterly)under
unions, when applicable,to increase employment opportunities plans, funds, or programs which cover the particular weekly period,
for minorities and women;and are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
(3)The progress and efforts being made in locating, hiring, appropriate wage rate and fringe benefits on the wage determination
training,qualifying,and upgrading minorities and women; for the classification of work actually performed, without regard to
skill,except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics
b.The contractors and subcontractors will submit an annual report performing work in more than one classification may be
to the contracting agency each July for the duration of the project, compensated at the rate specified for each classification for the
indicating the number of minority,women,and non-minority group time actually worked therein: Provided, that the employers payroll
employees currently engaged in each work classification required records accurately set forth the time spent in each classification in
by the contract work. This information is to be reported on Form which work is performed. The wage determination (including any
FHWA-1391. The staffing data should represent the project work additional classification and wage rates conformed under paragraph
force on board in all or any part of the last payroll period 1.1b. of this section)and the Davis-Bacon poster(WH-1321)shall be
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posted at all times by the contractor and its subcontractors at the contract, or any other Federal contract with the same prime
site of the work in a prominent and accessible place where it can be contractor, or any other federally-assisted contract subject to Davis-
easily seen by the workers. Bacon prevailing wage requirements, which is held by the same
b.(1)The contracting officer shall require that any class of laborers prime contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics,
or mechanics, including helpers, which is not listed in the wage
determination and which l employed under the contract including apprentices, trainees, and helpers, employed by the
shall be ciassifed in conformance with the wage delemrination. contractor or any subcontractor the full amount of wages required by
The contracting officer shall approve an additional classification the contract. In the event of failure to pay any laborer or mechanic,
and wage rate and fringe benefits therefore only when the including any apprentice,trainee, or helper,employed or working on
following criteria have been met: the site of the work,all or part of the wages required by the contract,
the contracting agency may, after written notice to the contractor,
(i) The work to be performed by the classification requested is not lake such action as may be necessary to cause the suspension of
performed by a classification in the wage detennination;and any further payment, advance, or guarantee of funds until such
violations have ceased.
(ii)The classification is utilized in the area by the construction 3. Payrolls and basic records
industry;and
a. Payrolls and basic records relating thereto shall be maintained by
(iii) The proposed wage rate, including any bona fide fringe the contractor during the course of the work and preserved for a
benefits, bears a reasonable relationship to the wage rates period of three years thereafter for all laborers and mechanics
contained in the wage determination. working at the site of the work. Such records shall contain the
name, address, and social security number of each such worker,
(2) If the contractor and the laborers and mechanics to be his or her correct classification, hourly rates of wages paid
employed in the classification(if known), or their representatives, (including rates of contributions or costs anticipated for bona fide
and the contracting officer agree on the classification and wage fringe benefits or cash equivalents thereof of the types described
rate (including the amount designated for fringe benefits where in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly
appropriate), a report of the action taken shall be sent by the number of hours worked, deductions made and actual wages
contracting officer to the Administrator of the Wage and Hour paid. Whenever the Secretary of Labor has found under 29 CFR
Division, Employment Standards Administration, U.S. 5.5(a)(1)(iv) that the wages of any laborer or mechanic include
Department of Labor,Washington, DC 20210. The Administrator, the amount of any costs reasonably anticipated in providing
or an authorized representative, will approve, modify, or benefits under a plan or program described in section 1(b)(2)(B)
disapprove every additional classification action within 30 days of of the Davis-Bacon Act, the contractor shall maintain records
receipt and so advise the contracting officer or will notify the which show that the commitment to provide such benefits is
contracting officer within the 30-day period that additional time is enforceable, that the plan or program is financially responsible,
necessary. and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and records which show
(3) In the event the contractor, the laborers or mechanics to be the costs anticipated or the actual cost incurred in providing such
employed in the classification or their representatives, and the benefits. Contractors employing apprentices or trainees under
contracting officer do not agree on the proposed classification approved programs shall maintain written evidence of the
and wage rate (including the amount designated for fringe registration of apprenticeship programs and certification of trainee
benefits,where appropriate),the contracting officer shall refer the programs, the registration of the apprentices and trainees, and
questions, including the views of all interested parties and the the ratios and wage rates prescribed in the applicable programs.
recommendation of the contracting officer,to the Wage and Hour b.(1)The contractor shall submit weekly for each week in which any
Administrator for determination. The Wage and Hour contract work is performed a copy of all payrolls to the contracting
Administrator, or an authorized representative, will issue a agency. The payrolls submitted shall set out accurately and
determination within 30 days of receipt and so advise the completely all of the information required to be maintained under
contracting officer or will notify the contracting officer within the 29 CFR 5.5(a)(3)(i), except that full social security numbers and
30-day period that additional time is necessary. home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually
(4) The wage rate (including fringe benefits where appropriate) identifying number for each employee(e.g. ,the last four digits of
determined pursuant to paragraphs 1.b.(2) or 1.1b.(3) of this the employee's social security number). The required weekly
section, shall be paid to all workers performing work in the payroll information may be submitted in any form desired.
classification under this contract from the first day on which work Optional Form WH-347 is available for this purpose from the
is performed in the classification. Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
c.Whenever the minimum wage rate prescribed in the contract for a successor site. The prime contractor is responsible for the
class of laborers or mechanics includes a fringe benefit which is submission of copies of payrolls by all subcontractors.
not expressed as an hourly rate, the contractor shall either pay Contractors and subcontractors shall maintain the full social
the benefit as stated in the wage determination or shall pay security number and current address of each covered worker,
another bona fide fringe benefit or an hourly cash equivalent and shall provide them upon request to the contracting agency for
thereof. transmission to the State DOT,the FHWA or the Wage and Hour
Division of the Department of Labor for purposes of an
d. If the contractor does not make payments to a trustee or other investigation or audit of compliance with prevailing wage
third person,the contractor may consider as part of the wages of requirements. It is not a violation of this section for a prime
any laborer or mechanic the amount of any costs reasonably contractor to require a subcontractor to provide addresses and
anticipated in providing bona fide fringe benefits under a plan or social security numbers to the prime contractor for its own
program, Provided, That the Secretary of Labor has found, upon records,without weekly submission to the contracting agency.
the written request of the contractor,that the applicable standards
of the Davis-Bacon Act have been met. The Secretary of Labor (2)Each payroll submitted shall be accompanied by a"Statement
may require the contractor to set aside in a separate account of Compliance," signed by the contractor or subcontractor or his
assets for the meeting of obligations under the plan or program. or her agent who pays or supervises the payment of the persons
2. Withholding employed under the contract and shall certify the following:
The contracting agency shall upon its own action or upon written (i) That the payroll for the payroll period contains the
request of an authorized representative of the Department of Labor, information required to be provided under §5.5 (a)(3)(ii) of
withhold or cause to be withheld from the contractor under this Regulations, 29 CFR part 5, the appropriate information is
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being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR Every apprentice must be paid at not less than the rate specified in
part 5,and that such information is correct and complete; the registered program for the apprentice's level of progress,
expressed as a percentage of the joumeymen hourly rate specified
(ii) That each laborer or mechanic (including each helper, in the applicable wage determination. Apprentices shall be paid
apprentice, and trainee) employed on the contract during the fringe benefits in accordance with the provisions of the
payroll period has been paid the full weekly wages earned, apprenticeship program. If the apprenticeship program does not
without rebate. either directly or indirectly, and that no specify fringe benefits, apprentices must be paid the full amount of
deductions have been made either directly or indirectly from fringe benefits listed on the wage determination for the applicable
the full wages earned,other than permissible deductions as set classification. If the Administrator determines that a different
forth in Regulations,29 CFR part 3; practice prevails for the applicable apprentice classification, fringes
shall be paid in accordance with that determination.
(iii)That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash In the event the Office of Apprenticeship Training, Employer and
equivalents for the classification of work performed, as Labor Services,or a State Apprenticeship Agency recognized by the
specified in the applicable wage determination incorporated Office, withdraws approval of an apprenticeship program, the
into the contract. contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until
(3)The weekly submission of a properly executed certification set an acceptable program is approved.
forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the"Statement of Compliance' b.Trainees(programs of the USDOL).
required by paragraph 3.b.(2)of this section. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed
(4)The falsification of any of the above certifications may subject unless they are employed pursuant to and individually registered in
the contractor or subcontractor to civil or criminal prosecution a program which has received prior approval, evidenced by formal
under section 1001 of title 18 and section 231 of title 31 of the certification by the U.S. Department of Labor, Employment and
United States Code. Training Administration.
c.The contractor or subcontractor shall make the records required The ratio of trainees to journeymen on the job site shall not be
under paragraph 3.a. of this section available for inspection, greater than permitted under the plan approved by the Employment
copying, or transcription by authorized representatives of the and Training Administration.
contracting agency, the State DOT, the FHWA, or the
Department of Labor, and shall permit such representatives to Every trainee must be paid at not less than the rate specified in the
interview employees during working hours on the job. If the approved program for the trainee's level of progress,expressed as a
contractor or subcontractor fails to submit the required records or percentage of the journeyman hourly rate specified in the applicable
to make them available, the FHWA may, after written notice to wage determination. Trainees shall be paid fringe benefits in
the contractor, the contracting agency or the State DOT, take accordance with the provisions of the trainee program. If the trainee
such action as may be necessary to cause the suspension of any program does not mention fringe benefits, trainees shall be paid the
further payment, advance, or guarantee of funds. Furthermore, full amount of fringe benefits listed on the wage determination
failure to submit the required records upon request or to make unless the Administrator of the Wage and Hour Division determines
such records available may be grounds for debarment action that there is an apprenticeship program associated with the
pursuant to 29 CFR 5.12. corresponding journeyman wage rate on the wage determination
4. Apprentices and trainees which provides for less than full fringe benefits for apprentices.Any
employee listed on the payroll at a trainee rate who is not registered
a.Apprentices(programs of the USDOL). and participating in a training plan approved by the Employment and
Apprentices will be permitted to work at less than the predetermined Training Administration shall be paid not less than the applicable
rate for the work they performed when they are employed pursuant wage rate on the wage determination for the classification of work
to and individually registered in a bona fide apprenticeship program actually performed. In addition, any trainee performing work on the
registered with the U.S. Department of Labor, Employment and job site in excess of the ratio permitted under the registered
Training Administration,Office of Apprenticeship Training, Employer program shall be paid not less than the applicable wage rate on the
and Labor Services, or with a State Apprenticeship Agency wage determination for the work actually performed.
recognized by the Office,or if a person is employed in his or her first
90 days of probationary employment as an apprentice in such an In the event the Employment and Training Administration withdraws
apprenticeship program, who is not individually registered in the approval of a training program, the contractor will no longer be
program, but who has been certified by the Office of Apprenticeship permitted to utilize trainees at less than the applicable
Training, Employer and Labor Services or a State Apprenticeship predetermined rate for the work performed until an acceptable
Agency (where appropriate) to be eligible for probationary program is approved.
employment as an apprentice. c. Equal employment qopportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
The allowable ratio of apprentices to journeymen on the job site in with the equal employment opportunity requirements of Executive
any craft classification shall not be greater than the ratio permitted Order 11246,as amended,and 29 CFR part 30.
to the contractor as to the entire work force under the registered
program.Any worker listed on a payroll at an apprentice wage rate, d.Apprentices and Trainees(programs of the U.S.DOT).
who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage Apprentices and trainees working under apprenticeship and skill
determination for the classification of work actually performed. In training programs which have been certified by the Secretary of
addition,any apprentice performing work on the job site in excess of Transportation as promoting EEO in connection with Federal-aid
the ratio permitted under the registered program shall be paid not highway construction programs are not subject to the requirements
less than the applicable wage rate on the wage determination for of paragraph 4 of this Section IV. The straight time hourly wage
the work actually performed. Where a contractor is performing rates for apprentices and trainees under such programs will be
construction on a project in a locality other than that in which its established by the particular programs.The ratio of apprentices and
program is registered, the ratios and wage rates (expressed in trainees to journeymen shall not be greater than permitted by the
percentages of the journeyman's hourly rate) specified in the terms of the particular program.
contractors or subcontractors registered program shall be
observed.
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5.Compliance with Copeland Act requirements. The contractor the standard workweek of forty hours without payment of the
shall comply with the requirements of 29 CFR part 3, which are overtime wages required by the clause set forth in paragraph(1.)of
incorporated by reference in this contract. this section.
6. Subcontracts. The contractor or subcontractor shall insert 3. Withholding for unpaid wages and liquidated damages. The
Form FHWA-1273 in any subcontracts and also require the FHWA or the contacting agency shall upon its own action or upon
subcontractors to include Form FHWA-1273 in any lower tier written request of an authorized representative of the Department of
subcontracts. The prime contractor shall be responsible for the Labor withhold or cause to be withheld, from any moneys payable
compliance by any subcontractor or lower tier subcontractor with all on account of work performed by the contractor or subcontractor
the contract clauses in 29 CFR 5.5. under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract
7. Contract termination: debarment. A breach of the contract subject to the Contract Work Hours and Safety Standards Act,
clauses in 29 CFR 5.5 may be grounds for termination of the which is held by the same prime contractor, such sums as may be
contract, and for debarment as a contractor and a subcontractor as determined to be necessary to satisfy any liabilities of such
provided in 29 CFR 5.12. contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph(2.)of this
8.Compliance with Davis-Bacon and Related Act requirements. section.
All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by 4. Subcontracts. The contractor or subcontractor shall insert in
reference in this contract. any subcontracts the clauses set forth in paragraph(1.)through(4.)
of this section and also a clause requiring the subcontractors to
9. Disputes concerning labor standards. Disputes arising out of include these clauses in any lower tier subcontracts. The prime
the labor standards provisions of this contract shall not be subject to contractor shall be responsible for compliance by any subcontractor
the general disputes clause of this contract. Such disputes shall be or lower tier subcontractor with the clauses set forth in paragraphs
resolved in accordance with the procedures of the Department of (1.)through(4.)of this section.
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor(or VI.SUBLETTING OR ASSIGNING THE CONTRACT
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor,or the employees ortheir representatives. This provision is applicable to all Federal-aid construction contracts
on the National Highway System.
10.Certification of eligibility.
a.By entering into this contract, the contractor certifies that neither 1.The contractor shall perform with its own organization contract
it(nor he or she)nor any person or firm who has an interest in the work amounting to not less than 30 percent (or a greater
contractor's firm is a person or firm ineligible to be awarded percentage if specified elsewhere in the contract) of the total
Government contracts by virtue of section 3(a) of the Davis- original contract price, excluding any specialty items designated
Bacon Act or 29 CFR 5.12(a)(1). by the contracting agency. Specialty items may be performed by
subcontract and the amount of any such specialty items
b.No part of this contract shall be subcontracted to any person or performed may be deducted from the total original contract price
firm ineligible for award of a Government contract by virtue of before computing the amount of work required to be performed
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). by the contractors own organization(23 CFR 635.116).
c.The penally for making false statements is prescribed in the U.S. a. The term "perforn work with its own organization" refers
Criminal Code, 18 U.S.C. 1001. to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
The following clauses apply to any Federal-aid construction contract agents of the prime contractor, or any other assignees. The
in an amount in excess of $100.000 and subject to the overtime term may include payments for the costs of hiring leased
provisions of the Contract Work Hours and Safety Standards Act. employees from an employee leasing firm meeting all relevant
These clauses shall be inserted in addition to the clauses required Federal and State regulatory requirements. Leased
by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the employees may only be included in this term if the prime
terms laborers and mechanics include watchmen and guards. contractor meets all of the following conditions:
1. Overtime requirements. No contractor or subcontractor (1) the prime contractor maintains control over the
contracting for any part of the contract work which may require or supervision of the day-to-day activities of the leased
involve the employment of laborers or mechanics shall require or employees;
permit any such laborer or mechanic in any workweek in which he (2) the prime contractor remains responsible for the quality of
or she is employed on such work to work in excess of forty hours in the work of the leased employees;
such workweek unless such laborer or mechanic receives (3) the prime contractor retains all power to accept or exclude
compensation at a rate not less than one and one-half times the individual employees from work on the project;and
basic rate of pay for all hours worked in excess of forty hours in (4) the prime contractor remains ultimately responsible for
such workweek. the payment of predetemrined minimum wages, the
submission of payrolls, statements of compliance and all
2.Violation; liability for unpaid wages; liquidated damages. In other Federal regulatory requirements.
the event of any violation of the clause set forth in paragraph(1.)of
this section, the contractor and any subcontractor responsible b. "Specialty Items" shall be construed to be limited to work
therefor shall be liable for the unpaid wages. In addition, such that requires highly specialized knowledge, abilities, or
contractor and subcontractor shall be liable to the United States(in equipment not ordinarily available in the type of contracting
the case of work done under contract for the District of Columbia or organizations qualified and expected to bid or propose on the
a territory, to such District or to such territory), for liquidated contract as a whole and in general are to be limited to minor
damages. Such liquidated damages shall be computed with respect components of the overall contract.
to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 2.The contract amount upon which the requirements set forth in
(1.) of this section, in the sum of $10 for each calendar day on paragraph (1) of Section VI is computed includes the cost of
which such individual was required or permitted to work in excess of
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material and manufactured products which are to be purchased where it is readily available to all persons concerned with the
or 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
requirements, and is in charge of all construction operations States, 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 Stat. 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, safety 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 deemed to have stipulated as follows:
this 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, this contract is not prohibited from receiving an award due to a
hazardous or dangerous to his/her health or safety, as violation of Section 508 of the Clean Water Act or Section 306 of
determined under construction safety and health standards (29 the Clean Air Act.
CFR 1926)promulgated by the Secretary of Labor,in accordance
with Section 107 of the Contract Work Hours and Safety 2.That the contractor agrees to include or cause to be included the
Standards 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
3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that contracting agency may direct as a means of enforcing such
the Secretary of Labor or authorized representative thereof, shall requirements.
have right of entry to any site of contract performance to inspect
or investigate the matter of compliance with the construction X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
safety and health standards and to carry out the duties of the INELIGIBILITY AND VOLUNTARY EXCLUSION
Secretary under Section 107 of the Contract Work Hours and
Safety Standards Act(40 U.S.C.3704). This provision is applicable to all Federal-aid construction contracts,
design-build contracts, subcontracts, lower-tier subcontracts,
Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS purchase orders, lease agreements, consultant contracts or any
other covered transaction requiring FHWA approval or that is
This provision is applicable to all Federal-aid construction contracts estimated to cost$25,000 or more— as defined in 2 CFR Parts 180
and to all related subcontracts. and 1200.
In order to assure high quality and durable construction in 1.Instructions for Certification—First Tier Participants:
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by a.By signing and submitting this proposal, the prospective first tier
engineers, contractors, suppliers, and workers on Federal-aid participant is providing the certification set out below.
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully,thoroughly, and honestly b.The inability of a person to provide the certification set out below
as possible. Willful falsification,distortion,or misrepresentation with will not necessarily result in denial of participation in this covered
respect to any facts related to the project is a violation of Federal transaction. The prospective first tier participant shall submit an
law. To prevent any misunderstanding regarding the seriousness of explanation of why it cannot provide the certification set out
these and similar acts, Form FHWA-1022 shall be posted on each below. The certification or explanation will be considered in
Federal-aid highway project (23 CFR 635) in one or more places connection with the department or agency's determination
whether to enter into this transaction. However, failure of the
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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," 1.pnncipal," 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 State 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 (4) Have not within a three-year period preceding this
Participant or other Lower Tier Participants (such as application/proposal had one or more public transactions
subcontractors and 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 clause 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
participant knowingly rendered an erroneous certification, in
h.A participant in a covered transaction may rely upon a addition to other remedies available to the Federal Govemment,
certification of a prospective participant in a lower tier covered the department, or agency with which this transaction originated
transaction that is not debarred, suspended, ineligible, or may pursue available remedies, including suspension and/or
voluntarily excluded from the covered transaction,unless it knows debarment.
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or c.The prospective lower tier participant shall provide immediate
otherwise ineligible to participate in covered transactions. To written notice to the person to which this proposal is submitted if
verify the eligibility of its principals,as well as the eligibility of any at any time the prospective lower tier participant teams that its
lower tier prospective participants, each participant may, but is certification was erroneous by reason of changed circumstances.
not required to, check the Excluded Parties List System website
(httos:Uwww.eols.00v/), which is compiled by the General d.The terms "covered transaction," "debarred," "suspended,"
Services Administration. "ineligible," "participant;' "person," "principal," and "voluntarily
excluded,"as used in this clause,are defined in 2 CFR Parts 180
i. Nothing contained in the foregoing shall be construed to require and 1200. You may contact the person to which this proposal is
the establishment of a system of records in order to render in submitted for assistance in obtaining a copy of those regulations.
good faith the certification required by this clause.The knowledge "First Tier Covered Transactions' refers to any covered
and information of the prospective participant is not required to transaction between a grantee or subgrantee of Federal funds
exceed that which is normally possessed by a prudent person in and a participant(such as the prime or general contract). "Lower
the ordinary course of business dealings. Tier Covered Transactions" refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts).
j. Except for transactions authorized under paragraph (f) of these "First Tier Participant" refers to the participant who has entered
instructions, if a participant in a covered transaction knowingly into a covered transaction with a grantee or subgrantee of
enters into a lower tier covered transaction with a person who is Federal funds(such as the prime or general contractor). "Lower
suspended, debarred, ineligible, or voluntarily excluded from Tier Participant" refers any participant who has entered into a
participation in this transaction, in addition to other remedies
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covered transaction with a First Tier Participant or other Lower a. No Federal appropriated funds have been paid or will be
Tier Participants(such as subcontractors and suppliers). paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee
e.The prospective lower tier participant agrees by submitting this of any Federal agency, a Member of Congress, an officer or
proposal that, should the proposed covered transaction be employee of Congress, or an employee of a Member of
entered into, it shall not knowingly enter into any lower tier Congress in connection with the awarding of any Federal
covered transaction with a person who is debarred, suspended, contract,the making of any Federal grant,the making of any
declared ineligible, or voluntarily excluded from participation in Federal loan, the entering into of any cooperative
this covered transaction, unless authorized by the department or agreement, and the extension, continuation, renewal,
agency with which this transaction originated. amendment, or modification of any Federal contract, grant,
loan,or cooperative agreement.
f. The prospective lower tier participant further agrees by submitting
this proposal that it will include this clause titled "Certification b. If any funds other than Federal appropriated funds have
Regarding Debarment, Suspension, Ineligibility and Voluntary been paid or will be paid to any person for influencing or
Exclusion-Lower Tier Covered Transaction;'without modification, attempting to influence an officer or employee of any
in all lower tier covered transactions and in all solicitations for Federal agency, a Member of Congress, an officer or
lower tier covered transactions exceeding the$25,000 threshold. employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant,
g.A participant in a covered transaction may rely upon a loan, or cooperative agreement, the undersigned shall
certification of a prospective participant in a lower tier covered complete and submit Standard Form-LLL, "Disclosure Form
transaction that is not debarred, suspended, ineligible, or to Report Lobbying,"in accordance with its instruction.
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for 2.This certification is a material representation of fact upon which
ensuring that its principals are not suspended, debarred, or reliance was placed when this transaction was made or entered
otherwise ineligible to participate in covered transactions. To into. Submission of this certification is a prerequisite for making
verify the eligibility of its principals,as well as the eligibility of any or entering into this transaction imposed by 31 U.S.C. 1352. Any
lower tier prospective participants, each participant may, but is person who fails to file the required certification shall be subject
not required to, check the Excluded Parties List System website to a civil penalty of not less than $10,000 and not more than
(httos://www.eols.gov!), which is compiled by the General $100,000 for each such failure.
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:
1.The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts which exceed$100,000(49 CFR 20).
1.The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and
belief,that:
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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: 5.8
174 Non-SMSA(Standard Metropolitan Statistical Area)Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA 3.6
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: 3.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties:
6.1
6920 Sacramento, CA
177 CA Placer; CA Sacramento;CA Yolc
4.3
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado;CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA 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.
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FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is identified in Section 7-2.3 of the
Special Provisions.
This section applies if a number of trainees or apprentices is specified in Section 7-2.3 of the Special
Provisions.
As part of your equal opportunity affirmative action program, provide on-the-job training to develop full
journeymen in the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the
subcontractor.
Include these training requirements in your subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of
apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your needs
and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, submit to the City of Palm Springs:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City of Palm Springs approval for this submitted information before you start work. The City of Palm
Springs credits you for each apprentice or trainee you employ on the work who is currently enrolled or
becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeymen status.
Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and
direct recruitment through public and private sources likely to yield minority and women apprentices or
trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the
efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to
journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship
and Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status
or has been employed as a journeyman. Your records must show the employee's answers to the questions.
In your training program, establish the minimum length and training type for each classification. The City of
Palm Springs and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the your equal employment opportunity responsibilities
• Qualify the average apprentice or trainee for journeyman status in the classification involved by the end
of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is
administered in a way consistent with the equal employment responsibilities of Federal-aid highway
construction contracts
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Obtain the State's approval for your training program before you start work involving the classification covered
by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in
lower level management positions such as office engineers, estimators, and timekeepers if the training is
oriented toward construction applications. Training is allowed in the laborer classification if significant and
meaningful training is provided and approved by the division office. Off-site training is allowed if the training is
an integral part of an approved training program and does not make up a significant part of the overall training.
The City of Palm Springs reimburses you 80 cents per hour of training given an employee on this contract
under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at
least one of the following:
• Contribute to the cost of the training
• Provide the instruction to the apprentice or trainee
• Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or
trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee:
1. Copy of the program you will comply within providing the training
2. Certification showing the type and length of training satisfactorily completed
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TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest
(hereinafter collectively referred to as CONTRACTOR) agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall
not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the
selection and retention of sub-applicants, including procurements of materials and leases of equipment.
CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the agreement covers a program set forth in
Appendix B of the Regulations.
(3) Solicitations for Sub-agreements. Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a
Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant
or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement
and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the California Department of
Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONTRACTOR is in the exclusive possession of another who fails or
refuses to furnish this information, CONTRACTOR shall so certify to the California Department of
Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to
obtain the information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination
provisions of this agreement, the California Department of Transportation shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to
exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in
every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is
threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may
request the California Department of Transportation enter into such litigation to protect the interests of the
State, and, in addition, 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
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The Cargo Preference Act (CPA) requires that "... at least 50 percent of any equipment, materials, or
commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or
advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel,
shall be transported on privately owned United States-flag commercial vessels, if available." On January 7,
2016, the Federal Highway Administration (FHWA) advised Caltrans on the applicability of the CPA and
implementing regulations (46 CFR 381) to the Federal-aid highway program. FHWA will use notice and
comment rulemaking to implement appropriate contract clauses in the next revision of Form FHWA-1273
"Required Contract Provisions Federal-Aid Construction Contracts."
The following clause is hereby inserted into this Exhibit "A" to the construction contract requiring the
Contractor's compliance with the CPA requirements and its implementing regulations in 46 CFR 381 for all
Federal-aid projects. The clause should incorporate the recommended clauses in 46 CFR 381.7(a)-(b).
Use of United States —flag vessels:
The contractor agrees—
(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping
any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at
fair and reasonable rates for United States-flag commercial vessels.
(2) To furnish within 20 days following the date of loading for shipments originating within the United States or
within 30 working days following the date of loading for shipments originating outside the United States, a
legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo
described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the
case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590.
(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
* * * END OF EXHIBIT "A" * * *
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Attachment 4
65
INTERWEST C o N 5 u L r i n G G R o u a
February 24, 2016
Marcus Fuller, P.E.
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposal for CP09-04 Agua Caliente Cultural Museum Road and Drainage Improvements I CM &
Inspection Services
Mr, Fuller:
Interwest Consulting Group is pleased to submit our proposal to provide the Construction Management, Inspection
Services, Geotechnical Services, and Environmental Mitigation Oversight for the Agua Caliente Cultural Museum
Road and Drainage Improvements, City Project No. 09-04. It is understood that the City requires turnkey construction
management services which includes construction management, inspection, and administration of a federally funded
project,environmental mitigation measures oversight, and materials testing per the City's QAP guidelines.
We are submitting for consideration to provide the services as detailed in the e-mail RFP and Mr. Fuller's
environmental mitigation oversight clarification. We have teamed with Chambers Group (Environmental Consultant)
to provide all services to ensure compliance with the environmental mitigation measures as described in your e-mail.
We have also teamed with L.O.R. Geotechnical Group to provide material testing services.
The staff proposed for this project has experience with providing the required Construction Management and
inspection services, testing, and oversight. We have reviewed the plans, specifications, and the e-mail scope
clarification that you have provided, researched the project and prepared a scope of services that will complement
the City's management team in the successful inspection of the project.
The staff members proposed for this assignment were carefully selected based on our understanding of the scope of
the project. James G. Ross is the Public Works Group Leader for the Southern California area and will serve as
Principal in Charge. He is an authorized representative of Interwest Consulting Group with the authority to sign all
necessary agreements. Mr.Chris A.Vogt, P.E. is the Regional Manager of the Coachella Valley branch of Interwest
Consulting Group, and will serve as the Construction Manager, Project Representative and the management contact
to the City of Palm Springs.
James G. Ross Chris A. Vogt, P.E.
431 S. Palm Canyon Drive, Suite 200 431 S. Palm Canyon Drive, Suite 200
Palm Springs, CA 92262 Palm Springs, CA 92262
760.417.4329 Office 760,417.4329 Office
714.742.1551 Mobile 951.616.4925 Mobile
jross@interwestgrp.com cvogt@interwestgrp.com
Interwest Consulting Group I wwwanterwestgrpxom 66
Services will be directed from our Palm Springs office, which serves the entire Coachella Valley region with
professional staff performing functions in all of our disciplines. Additional information concerning our qualifications
and experience may be found in our Statement of Qualifications, previously submitted to the City under a separate
cover. Please do not hesitate to contact us at(760) 417-4329 should you have any questions. Thank you again for
the opportunity to assist you on this project.
Sincerely,
es G. Ross Chris A.Vogt,PE
Public Works Group Leader Coachella Valley Regional Manager
6?
Interwest Consulting Group I www.interwestgrp.com
I. Experience I Qualifications
Interwest Consulting Group
The seamless integration of municipal service professionals in support of public agencies has been our purpose
since Interwest Consulting Group formed in 2002. Interwest was founded by individuals with a passion for serving
municipalities. We currently employ approximately 280 employees spanning a multitude of disciplines within city
engineering, public works, and building and safety departments throughout California. We provide the following
services to cities/counties: Construction Management, City Engineering, Capital Improvement Program Management,
Development Improvement Plan/Map Review and Entitlement, Public Works Inspection Services, Development
Inspection Services, Transportation Program Management/Funding, Traffic Engineering & Transportation Planning,
Building and Safety, Real Property Acquisition, Geographic Information System (GIS), and Information Technology.
We currently serve over 200 cities,counties and state agencies. We serve the nearby municipalities of Coachella, La
Quinta,Wildomar,Yorba Linda, Beaumont, and Eastvale just to name a few.
Project Management
Interwest is excited for the opportunity to provide Construction Management and Inspection Services,environmental
monitoring and reporting,and materials testing services for the Agua Caliente Cultural Museum Road and Drainage
Improvements Project. We understand that our role in this project is to provide a "turn-key' project including project
meetings, negotiations with the contractor, materials testing, inspection, coordination and communication with the
City, affected businesses,and residents, payroll certification, punch lists,final adjusting change order,change order
negotiations/verifications, invoice verification and approval, project budget maintenance and oversight, NPDES
compliance, AQMD compliance, compliance with all funding source requirements, environmental mitigation
monitoring and reporting,and project close-out.
Interest staff has worked for a number of local agencies to provide construction management and inspection
services for Public Works Capital Projects. Whether it is replacing sidewalk, installing a driveway, widening a road,
building new roads, storm drains, sewers, traffic signals, streetlights, or extending a roadway, our staff has worked
with city staff and private consultants. Similar.to reviewing roadway improvement plans, we use our experience and
local,state,and federal standards to ensure that projects will be safe for the public and meet the needs of the city.
Project Issues and Solutions
Interest Consulting Group and our sub-consultants will provide
Construction Management, Inspection Services, Environmental
Mitigation oversite, analysis, observation, and reporting, and
Geotechnical Services to ensure the project is completed in
conformance with all local, State, and Federal regulations, plans,
codes, and specifications. The staff we are proposing have much
experience in completing Capital Improvement projects including
streets, storm drains, retention basins, landscaping, sewers, water
lines, erosion controls, traffic controls, curb and gutter, sidewalk,
streetlights, ADA ramps, traffic signals, and storm water runoff
(NPDES). Throughout the duration of this project, we will provide the
following:
✓ Daily inspections to ensure all work is in compliance with the most current codes
✓ Construction Management to provide professional contract administration
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✓ Continual monitoring of schedule
✓ Verification of work completed
✓ Provide timely daily inspections
✓ Provide a flexible schedule to ensure proper coverage of field work
✓ Attend meetings as required
✓ Provide the testing of all materials to ensure conformance with federal guidelines, codes, plans, and
acceptable construction practices
✓ Provide trench and backfill inspection to ensure proper construction and work safety
✓ Provide Geotechnical inspection before,during and after construction
✓ Coordinate additional geotechnical testing and inspections as necessary
✓ Provide daily reports on progress
✓ Meet all federal guidelines and prepare the necessary paperwork for Caltrans Local Assistance, which
includes DBE requirements, invoicing, and record keeping for potential audits.
✓ Biological Survey of plants, nesting birds, and Burrowing Owl and complete reports as needed
✓ Weekly biological monitoring
✓ Monitoring reports
With our experience and knowledge of completing complex building projects, we can assure that the developer will
remain in compliance with all applicable codes and laws. Interwest will closely monitor the project schedule and
budget.
II. Personnel
Services will be directed from our Palm Springs office, which serves the entire Coachella Valley region with
professional staff performing functions in all of our disciplines. All of our proposed staff has significant direct
experience working as city employees and as contract staff members in similar jurisdictions throughout California
providing the services outlined in the RFP. Individually, the professionals showcased below excel in each of their
backgrounds. As a team, they possess the professional capability to innovatively create and implement effective
solutions with your agency and the community's interests in mind. The following individuals would be available to
serve the City.
James G. Ross will serve as Principal-in-Charge. Mr. Ross is an authorized representative of Interwest Consulting
Group and has the authority to sign all necessary agreements.
Proposed Staff
Project Representative
Chris A. Vogt, PE I PROJECT MANAGER I KEY CONTACT
Chris has nearly 32 years of successful planning, implementing, and administering public works projects and
programs. He brings a solid history of successful management with over 20 years as a Public Works Director/City
Engineer. He brings an exemplary work ethic focusing on continuous process improvements while maintaining the
ability to effectively navigate through politically sensitive environments.
He has managed an operational budget over $39 million and a comprehensive Capital Improvement Program in
excess of $1.6 billion. Supporting cities in Southern California, Chris has a wealth of knowledge in budget
preparation; infrastructure maintenance; professional and construction contract negotiations; organizational
development; project management; water, sewer and electrical utility operations and construction; engineering
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design; staff development; training and mentoring; complex engineering studies such as Development Impact Fees
and assessment engineering; and public informational and collaborative meetings.
Chris is a professional who brings solutions to our clients. He is flexible and open with his communications and
fosters a teamwork atmosphere in resolving challenges. He is committed to serving the needs of the client through
strong leadership and a collaborative approach.
Construction Management/Inspection Services
Timothy P. Sullivan I CONSTRUCTION MANAGER I CONSTRUCTION INSPECTOR
Tim is a highly dependable and self-motivated individual with 17 years of expertise in construction and construction
management. His areas of expertise include freeway reconstruction, structure rehabilitation,commuter rail structure,
environmental compliance inspection, traffic maintenance, concrete quality control and mainline concrete
reconstruction. Tim has the ability to create and execute meaningful projects that focus on safety and efficiency. He
is also a team player who helps others collaborate to ensure quality. He is dedicated to learning and developing new
talents,facing challenges head on, and ensuring that the company meets and exceeds clients' high expectations. He
is a collaborative person with strong communication, interpersonal, and critical thinking skills to effectively motivate
and lead a diverse group of individuals
John Chesworth I CONSTRUCTION INSPECTOR
John has more than 20 years of construction and Civil Engineering experience. He has worked as a construction lead
inspector and superintendent for large construction companies specializing in various fields including but not limited
to, utilities construction and relocation, commercial construction, and development construction. Over his career,
John has been responsible for construction inspection and Quality Control, daily reports and quantity take-offs,
review and monitoring the schedule of work, compliance with plans and specifications, shop drawings, change
orders, submittals and RFI's, safety compliance, preparing and reviewing as-built plans, and preparing final punch
lists. John's wealth of code knowledge makes him a qualified inspector for any construction project.
Material Testing Services (LOR Geotechnical)
John Leuer, C.E., G.E. I PRESIDENT OF L.O.R. GEOTECHNICAL
Mr. Leuer has over 32 years of professional experience in the geotechnical and civil engineering field. In this time,
Mr. Leuer has developed an extensive knowledge of the many geotechnical considerations involved in construction in
the southern California area. Mr. Leuer is highly experienced in all aspects of soil and foundation engineering for a
wide variety of projects ranging from multi-story commercial and industrial structures to several thousand acre
planned community developments. Mr. Leuer has substantial experience coordinating projects for many City, County,
and State agencies as well as in the public sector, gaining a reputation for being responsive to clients needs while
providing strong technical expertise.
John R. Muir, ACIA, ACI I REGISTERED CONSTRUCTION INSPECTOR
Mr. Muir has over 20 years experience as a geotechnical field technician. Mr. Muir has extensive field experience
with all geotechnical and inspection aspects for construction. His experience includes grading compliance and
observations, compaction testing of soils in the field using the Sand Cone Method and the Nuclear Gauge Method,
compaction testing of asphalt concrete, casting concrete cylinders, and full-time observation of major street
construction projects.
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Mr. Muir is an American Construction Institute Association (A.C.I.A.) Registered Construction Inspector and an
American Concrete Institute(ACI) Grade 1 Technician and holds certification in the Caltrans Test Methods: 125,216,
231, 375,504,518,523,533,539,540, 556, 557.Additionally, Mr. Muir has certification by the California Department
of Transportation (Caltrans)for sampling and testing of soil, aggregate base, asphalt concrete, and Portland Cement
Concrete.
Mark Switzer, AC1A, AC1 ILABORATORY MANAGER IFIELD TECHNICIAN
Mr. Switzer has been working in our geotechnical laboratory and in the field since 2001. He has knowledge and
experience in the laboratory performing a wide range of materials testing, including soils, asphalt concrete, epoxy
grout, and concrete for both ASTM and Caltrans standards and specifications. In addition, he has performed
materials testing for City,County,and State agencies for Quality Control/Quality Assurance projects.
Mr. Switzer oversees all work performed by personnel in the laboratory, including finalizing and reporting laboratory
data. He also has experience in the field with Sand Cone and Nuclear Gauge Testing methods, measuring cut and
fill, basic trench compaction, bolt tensioning, and sampling materials in the field. Mr. Switzer is an American Concrete
Institute (ACI) Grade 1 Technician and holds certifications in the following Caltrans Test Methods: 105, 125, 201,
202,216. 217, 226,227,229, 231, 301,304,305,307, 308. and 366.
Environmental Compliance Services (Chambers Group)
Saraiah Skidmore I BIOLOGIST
Ms. Skidmore has 9 years of experience as a biologist providing project management on large and small projects,
coordination with agencies, field studies, data analysis, regulatory compliance, mitigation, and reporting. She is
familiar with the identification of wildlife and plant species as well as major plant communities and vegetation.
She has performed field studies for large and small projects including biological reconnaissance-level surveys,
habitat assessments, nesting bird surveys, vegetation community mapping, plant transects for habitat success
maintenance and monitoring,and jurisdictional delineations. Following current protocols,she has conducted focused
surveys for federal-and state-listed wildlife species and California special concern species including: desert tortoise,
burrowing owl, snowy plover, least Bell's vireo,coastal California gnatcatcher, coast range-newt,southwestern pond
turtle,flat-tailed and coast horned lizards,as well as listed and/or rare plant species. Ms.Skidmore has authored and
co-authored many biological and environmental reports.
III. Scope of Services
1 - CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICE
We understand the City desires to retain a highly qualified firm to provide Turn-key !
construction management and inspection. The City also desires environmental
oversight, analysis, monitoring, and reporting to ensure that environmental mitigations
are satisfied, and geotechnical and material testing services are provided for the Project.
Our proposal is being submitted to provide all related services outlined in the RFP. The
Construction Manager and Inspector will ensure all work conforms to the project
construction documents, City codes and ordinances including APWA"Greenbook" Standard Specifications for Public
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Works Construction, requirements of the City's NPDES permit for storm water runoff, and the City of Palm Springs
Standards and specifications. They will also ensure that all required coordination and forms are completed with
Caltrans to ensure compliance with the funding regulations. Interwest has partnered with LOR Geotechnical to
provide all materials testing, verification, and inspection services for all of the geotechnical work and material testing.
Interwest has also partnered with Chambers Group to provide all of the environmental services required by the City.
The selected consultant will act as the City's representative and shall be accountable and responsible for the
compliance of the work completed by the contractors. Successful integration of the construction inspector and the
geotechnical services to provide accurate, complete and timely services is critical to the success of any project. Our
goal is to provide flexible schedules to meet the needs of the City to ensure the contractor remains on schedule and
all work is in compliance with all codes and regulations.
2 — MATERIALS TESTING SERVICE
According to the City's e-mail dated February 3, 2016, the successful firm must provide geotechnical services and
material testing for this project. To ensure quality geotechnical services, Interwest Consulting Group is partnering
with L.O.R. Geotechnical Group (LOR) to provide all material testing, verification, and geotechnical inspection
services. LOR has been delivering professional geotechnical consulting and construction materials testing services to the
private and public sector in southern California for over 25 years. LOR's principles are directly involved in the implementation
and completion of its professional services.All of LOR's field and laboratory personnel have been employed by LOR for over
10 years.LOR is an Employee Stock Owned Program(ESOP)company.Their employees are as committed as the principles
to the future of the company and the clients'needs.
LOR is Small Business Certified. Their laboratory is currently approved by the California Department of Transportation
(Caltrans). Their field and laboratory personnel are Caltrans, International Code Council (ICC), American Concrete Institute
(ACI)and American Construction Institute Association(ACIA)certified.
L.O.R. Geotechnical Group has provided geotechnical engineering services for over three thousand projects within Southern
California, most of which lie within the County of Riverside and surrounding communities. In the past five years they have or
are currently providing on-call geotechnical testing and inspection services to the following Public Works and Capital Projects
Departments:the Cities of Bell, Big Bear Lake, Indio,Moreno Valley, Perris,Riverside,Santa Monica,and Yucaipa.They also
provide services to the Counties of Riverside and San Bernardino.
3 — ENVIRONMENTAL SERVICES
According to the City's e-mail revision dated February 5, 2016, the successful firm must also provide environmental
mitigation measures oversight, analysis, and reporting for this project. To ensure quality services, Interwest
Consulting Group is partnering with Chambers Group to provide all environmental services required for this project.
Chambers Group is a trusted leader in the environmental consulting industry for over 35 years and works to ensure
that construction, operations, and maintenance activities comply with federal, state, and local environmental
regulations, mitigation measures and permit conditions. They are experienced in providing quality services in multiple
counties within southern California, including completing numerous projects in Riverside County.
Chambers Group has project experience that involve freeways, bridges over channels, roads, storm drain pipelines,
ocean outlets, rivers/streams, flood channels, and other linear-type projects that are located in or near areas of
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biological significance. A leader in this niche of the industry, their corporate headquarters is in Santa Ana with
regional offices in Redlands, Los Angeles, San Diego,and El Centro, California. Services include:
• Environmental and urban planning
• Regulatory permitting/coordination
• Biological,cultural, marine and aquatic resource studies
• Construction mitigation monitoring
• Restoration of disturbed lands
This project will be completed through their Redlands office to provide faster response times enhancing their service.
Pre-Construction Phase
Pre-Construction Meeting: Coordinate and conduct all pre-construction meetings to define and understand the
order of work and schedule. Identify and share direct contact information to enhance the response times so as not to
delay schedule and progress.
Federal Guidelines: Ensure that all work completed meets all federal guidelines. Prepare the necessary
paperwork for Caltrans Local Assistance, which includes DBE requirements, award submittals, labor compliance,
progress invoices,final invoices, and record keeping for potential audits.
Construction Phase
CONSTRUCTION AND GEOTECHNICAL INSPECTIONS
Field Inspections: The Construction Inspector shall perform field inspections and coordinate all geotechnical
testing and inspections during construction to insure compliance with plans, specifications, and applicable standards.
The inspector(s) shall have a complete set of construction plans and applicable specifications and standards.
Continued inspection will also be conducted to ensure compliance with the City's NPDES requirements for storm
water, erosion control measures remain in place, tracking of dirt on City streets is properly cleaned, PM10 measures
are implemented,traffic control is in place, and public issues are addressed.
Weekly Progress Meeting: The Construction Manager shall conduct all meetings as required.
Daily Construction Reports: the inspector will prepare Daily Construction Reports (DCR's) on City's format or
format approved by the City's Project Manager only. These DCR's are expected to include a detailed description of
the day-to-day operations, on-site labor, personnel, weather, materials and equipment and include times of arrival
and departure.
Photo Documentation: Will document work progress on a regular basis by means of digital photographs properly
labeled, and dated.
Geotechnical Testing: InterwesVLOR will provide full geotechnical testing and inspection services during
construction to insure compliance with plans, specifications, and applicable standards.
Flow of Information: The inspector will be responsible for coordinating the flow of information between all parties
and with other City Departments as necessary.
Weekly Status Reports:Will provide weekly status reports.
ADA Compliance: Provides coordination necessary to assure that ADA requirements are satisfied during
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construction progress and upon completion.
Business and Resident Concerns: Will assist in working with adjacent residents' and businesses to resolve
their concerns.
Coordination with Caltrans Local Assistance: The Construction Manager will prepare the necessary
paperwork for Caltrans Local Assistance, which includes DBE requirements, invoicing, and record keeping for
potential audits.
Accessibility: Inspector is responsible for reviewing potential accessibility issues
Safety: The Construction Inspector shall, on a daily basis and throughout the day, inspect the contractors safety
requirements and make immediate notifications of any and all safety issues and concerns to the GC and all
interested parties as needed.
Construction Close-Out Phase
Final Inspections: Administer final inspections and preliminary punch lists, review substantial completion request
and assist in preparation of completion notice.
Punch list And Final Walk: Coordinate final walk through inspection, prepare final punch list items, issue
corrections and deficiencies notices if needed and ensure all corrections items are completed by final close-out letter.
As-Built Drawings: Review and make recommendations as to the adequacy of as-built plans and as compared to
the construction Inspectors as built plans.
Environmental Mitigation Oversight Services
Task 1: Focused Plant Survey
• Chambers Group botanists will conduct one protocol-level focused plant survey within and adjacent to
(within 100 feet, where appropriate) the proposed impact area, which will include implants from the project
construction (temporary construction zone and staging areas) or by post-construction fuel management.
Surveys will be conducted in accordance with Guidelines for Assessing the Effects of Proposed Projects on
Rare, Threatened, and Endangered Plants and Natural Communities(CDFW 2000). Field surveys will be
scheduled to coincide with known flowering periods (for the specific species) and/or during periods of
physiological development that are necessary to identify the plant species of concern. The survey will be
scheduled to allow for required salvage and transplantation, if required, prior to initiation of project grading.
The surveys will be conducted by walking parallel transects (30-foot centers)through the impact area within
habitats that potentially support sensitive or listed plant species, where feasible. In areas where access is
considered unsafe, the botanists will utilize binoculars to scan the area for sensitive plant species. If a target
plant species is observed during the survey, botanists will record the location using GPS units. A complete
inventory of plant species observed during the survey will be documented.This task assumes two botanists
conducting a one-day survey. Representative photographs will be taken of each rare plant species identified
within the survey areas.
Following the focused plant survey, methods and results will be summarized in a memo report. The report
will be completed prior to initiation of any grading or equipment operation. If no occurrences of special status
species are found, no further mitigation is required. If special status plant species are found, mitigation
measures listed in the Project's Categorical Exemption/Categorical Exclusion Determination Form will need
to be implemented. The report will include up to five pages of text and up to four graphics including a
vicinity/location map, survey area and sensitive species observation map, if observed, and photographs of
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site conditions and observations, and a list of plant species observed during the survey. The report will be
submitted within two weeks of survey completion. Chambers Group will incorporate one round of comments
into a final document.
Note: The cost estimate for Task 1 includes 5 hours for field time and data management, drive time, vehicle
use and mileage, and GPS and camera use. The cost estimate for Task 1 assumes that one survey date will
include the appropriate blooming period for all special status plant species with a potential to occur on the
Project and that the impact area may be surveyed in one-day with two biologists. If additional surveys or
time are needed to complete the focused plant survey effort, Chambers will be pleased to provide the
services at a separate cost.
Note: In the event that special status plant species are observed during the survey, CDFW, USFWS or
other appropriate agencies will need to be notified In addition, in the event that special status plant species
are observed during the survey, a mitigation plan must be prepared and submitted concurrently to CDFW
and USFWS for review and comment and the City must consult with the agencies for approval of the plan.
The cost estimate for Task 1 does not include time to prepare a mitigation plan or agency consultation in the
event a special status plant species is observed. If mitigation plan and agency coordination are required,
Chambers Group will be pleased to provide the service as a separate scope and cost.
Task 2: Nesting Bird Survey and Report(if needed)
• In the event that vegetation removal will occur during the nesting season (March 15 through August 15), a
preconstruction nesting bird survey for active nests of raptors and migratory birds will be required no more
than a week prior to vegetation removal. Chambers Group biologists will conduct a nesting bird within
potential habitat for nesting birds and along the Project impact area, including a 250-foot buffer around the
impact area, where feasible. Evidence of nesting birds within the project site and surrounding buffer area will
be documented with digital photographs and GPS coordinates will be provided. If no active nests are found,
vegetation removal or construction activities may proceed.
Following the nesting bird survey, methods and results will be summarized in a memo report. If no active
If iv nests are found mitigation measures listed in the
nests are found, no further mitigation is required. active g
Project's Categorical Exemption/Categoncal Exclusion Determination Form will need to be implemented.
The report will include up to five pages of text and up to four graphics including a vicinity/location map,
survey area and active nest locations map, if observed, and photographs of site conditions and
observations. The report will be submitted within one week of survey completion. Chambers Group will
incorporate one round of comments into a final document.
Note: The cost estimate for Task 2 is for the report only. The field effort is part of the weekly monitoring
task.
Note: In the event that an active nest is found during preconstruction surveys, USFWS and/or CDFG (as
appropriate) will be notified regarding the status of the nest. !f agency coordination is required, Chambers
Group will be pleased to provide the service as a separate scope and cost. In addition, this scope of work is
based on a one-day survey estimate. If warranted, additional survey time may be completed as a separate
cost
Task 3: Preconstruction Burrowing Owl Survey and Memo Report
• Chambers Group biologists will conduct a one-day pre-construction burrowing owl survey within appropriate
habitat along the habitat the project impact area and within a 250-foot buffer around the impact area. The
survey will be conducted according to the CDFW and California Burrowing Owl Consortium (CBOC)
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guidelines (CBOC 1993). Construction activities (e.g. grading) must begin within 30 days from the date of
the survey or an updated survey will be required. Once grading and associated construction activities have
begun no further surveys are required.
Following the preconstruction burrowing owl survey, methods and results will be summarized in a memo
report. If burrowing owls are found, mitigation measures listed in the Project's Categorical
Exemption/Categorical Exclusion Determination Form will need to be implemented. The report will include
up to five pages of text and up to four graphics including a vicinity/location map, survey area and burrowing
owl and burrowing owl sign locations map, if observed, and photographs of site conditions and observations.
The report will be submitted within one week of survey completion. The report will need to be submitted to
CDFW at least 15 days prior to the expected start of ground disturbance activities. Chambers Group will
incorporate one round of comments into a final document.
Note: The cast estimate for Task 3 is for the report only. The field effort is part of the weekly monitoring
task.
Note: This cost estimate for Task 3 scope of work does not include consultation with CDFW or EPD in the
event a burrowing owl or potential active burrow rs found on the site. If burrowing owls are located on the
site, coordination with CDFW may be needed If agency coordination is required, Chambers Group will be
pleased to provide the service as a separate scope and cost.
Task 4: Weekly Biological Monitoring
• A Chambers Group biologist will conduct monitoring at least once a week during rough grading to document
that activities are only occurring within the approved limits of disturbance. The monitors will have the
authority to halt disturbance activities in the event that the provisions are not met. For each day the monitor
is in the field, a daily log will be completed to document biological monitoring activities, protected species
observations, actions implemented to protect the species, any necessary corrective action, or any other
relevant biological data.
Note: The cost estimate for Task 4 is based on one monitor working once a week for 22 visits(based on the
estimated 90 days of construction-and preconstruction activities) during construction activities. Nesting bird
and burrowing owl field work will utilize this daily rate/task.
Note: In the event that ground disturbing activities occur outside the limits of disturbance, the Tribe will need
to be notified. The cost estimate for Task 4 does not include coordination with the Tribe. If Tribe coordination
is required, Chambers Group will be pleased to provide the service as a separate scope and cost.
Task 5: Monitoring Reports
• The biological monitor will submit a weekly report documenting the implementation of all disturbance period
minimization measures.
Note: This cost estimate for Task 5 includes 18 weekly reports. If additional incident reports are needed,
Chambers Group will provide the service as a separate cost.
Note: This cost estimate does not include consultation with CDFW, USFWS, EPD or the Tribe, in the event
a take occurs. !f agency coordination is required, Chambers Group will be pleased to provide the service as
a separate scope and cost
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IV. Cost Estimate
The following is a cost estimate based on our assumptions after reviewing the RFP issued by the City via e-mail
dated February 3, 2016 and thoroughly reviewing the plans, specifications, and the follow-up clarification e-mail
dated February 5, 2016 that was issued prior to bid. These assumptions were based on our collective experience
with the many similar projects we have completed for our City clients and experience we have obtained throughout
our careers.
CLASSIFICATION TASK HOURLY ESTIMATED COST
RATE HOURS
Project Manager/CM Administration $125 45 $ 5,625
Construction Inspector Construction Inspection $85 360 $30,600
LOR Geotechnical Geotechnical Services $3,000
Environmental Environmental Mitigation $25,353
Oversight Oversight
TOTAL > :' F, I
This "not to exceed" fee is based on a ninety (90) day construction schedule for completing all work.
Additional services needed beyond the estimated duration of construction will be provided on a "time and
materials" basis at the Interwest Consulting Group's, Chambers Group, and LOR Geotechnical Group's
standard hourly rates.These rates apply for work during normal business hours only. Nights,weekends,and
holidays will be an extra. All work will be completed on a time and materials basis.All charges will be billed
only for the actual work conducted.
All assigned staff is prepared to serve the City for the entire duration of the assigned project. Interwest staff is also
prepared to work in City offices with City equipment and materials, on-site with company issued equipment and
materials AND/OR in our offices with company issued equipment and materials. The Interest Palm Springs office is
approximately 2.7 miles from the Palm Springs City Hall which will provide fast and efficient inspections throughout
the project duration. Hourly rate includes all mileage expenses, mailing/delivery, and incidental expenses.
Please refer to our original Proposal for all resumes and additional references.
If you have any questions regarding this fee proposal, please feel free to contact me at(760)417-4329.
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