HomeMy WebLinkAbout2/3/2016 - STAFF REPORTS - 2.I. A,
off p PAM SA4
�Z
c
V N
F
• f 0�
�FO9C[0,
ca``FO NVI City Council Staff Report
DATE: February 3, 2016 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN
ASPHALT, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF
$391,500 FOR THE SAFE ROUTES TO SCHOOL PROJECT, CITY
PROJECT NO. 08-10, FEDERAL AID PROJECT NO. SRTS-5282 (039)
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY:
The Public Works & Engineering Department received a federal grant in the amount of
$382,500 through the Safe Routes to School ("SRTS") program from the California
Department of Transportation ("Caltrans") for design and construction of various
improvements in the vicinity of Cahuilla, Cielo Vista, Katherine Finchy, and Vista Del
Monte Elementary Schools, and Raymond Cree Middle School. Award of this contract
will allow the City to proceed with construction of the Safe Routes to School Project,
City Project No. 08-10, Federal Aid Project No. SRTS-5282 (039), (the `Project').
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to All American Asphalt, Inc.,
a California corporation in the amount of $391,500 for the Safe Routes to School
Project, City Project No. 08-10, Federal Aid Project No. SRTS-5282 (039); and
2. Authorize the City Manager to approve and execute construction contract change
orders up to an additional amount of$39,150; and
3. Authorize the City Manager to execute all necessary documents.
BACKGROUND
In July 2008, the Public Works and Engineering Department applied to Caltrans for the
SRTS Program funding for infrastructure improvements at four elementary schools and
one middle school in Palm Springs. The application provided details on a collaborative
community-based project at five school sites in the City, designed to increase the safety
of students walking and biking to and from school. The City requested $382,500 in
federal funding for this project.
ITEM NO._ �L
City Council Staff Report
February 3, 2016-- Page 2
Award CP. 08-10, Safe Routes To School
In October 2008, after a competitive review, Caltrans approved the requested funding
amount. A total of 481 applications were submitted by local agencies from around the
State, and only 119 were approved for funding.
The project includes construction of pedestrian safety improvements: curb and gutter,
sidewalk, ADA curb ramps, crosswalks, bulb-outs, chokers, countdown signals, and bike
lanes along school routes in the vicinity of Cahuilla, Cielo Vista, Katherine Finchy, and
Vista Del Monte Elementary Schools, and Raymond Cree Middle School. A vicinity map is
included as Attachment 1.
Staff has prepared the plans and specifications for bidding this project, and coordinated
with property owners along Camino Real regarding the proposed sidewalk construction
and its impact to existing front yard landscaping and other improvements. Letters were
sent to the affected property owners on September 17, 2015. Staff has answered
telephone inquiries about the project and is not aware of anyone opposing the project.
With the exception of a few red curbs installed at intersections to provide for safety and
sight distance requirements, this project will not remove any existing street parking.
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 2.
The contract bid documents were prepared by the Public Works & Engineering
Department and on October 21, 2015, the City Council approved the plans,
specifications and working details, and authorized staff to advertise and solicit bids for
the Project. Subsequently, on January 21 , 2016, the Procurement and Contracting
Division received four (4) construction bids from the following contractors:
Company Location Bid Amount
All American Asphalt, Inc. Corona, CA $391,500.00
Hardy and Harper, Inc. Santa Ana, CA $422,000.00
Vido Samarzich, Inc. Alta Loma, CA $423,775.00
Tri-Star Contracting II, Inc. Desert Hot Springs, CA $437,569.50
The engineer's estimate was $356,000. However, additional curb ramp replacements to
comply with federal ADA regulations and bike lanes were added to the scope of the
Project prior to bidding which increased the overall cost of the Project. A full bid
summary is included as Attachment 3.
02
City Council Staff Report
February 3, 2016 -- Page 3
Award CP. 08-10, Safe Routes To School
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 All American Asphalt, Inc., and the listed subcontractors, are registered with the
DIR, and are appropriately licensed.
All American Asphalt, Inc., of Corona, California, submitted the lowest and responsive
bid. Staff reviewed the bid and contractor's license, and found the Contractor to be
properly licensed and qualified. A construction contract with All American Asphalt, Inc.,
for the Project is included as Attachment 4.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley; submission of a good
faith efforts is required. However, Section 7.09.030 does not apply to projects that
receive state or federal funding which preclude the application of local preferences.
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 $39,150. Staff will carefully evaluate any additional or extra work
claims presented by All American Asphalt, 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"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian 03
City Council Staff Report
February 3, 2016-- Page 4
Award CP. 08-10, Safe Routes To School
trails, and similar facilities; therefore, the Safe Routes to School Project, City Project No.
08-10, is considered categorically exempt from CEQA, and a Notice of Exemption has
been prepared and filed with the Riverside County Clerk. A copy of the CEQA Notice of
Exemption is included as Attachment 5.
On August 12, 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
there are no unusual circumstances pursuant to Section 6004 of 23 CFR 771.117(b).
On the basis of this determination under federal delegation pursuant to Chapter 3 of
Title 23, United States Code, Section 326 and a Memorandum of Understanding
("MOU") dated June 7, 2013, executed between the Federal Highway Administration
("FHWA") and the state of California, Caltrans has determined that the Project qualifies
for a Categorical Exclusion in accordance with 23 CFR 771.117(c) pursuant to activity
(c)(3). On May 28, 2015, an environmental Re-Validation was approved by Caltrans for
the Project proceeding to the next major federal approval. Copies of the NEPA
Categorical Exclusion and the environmental Re-Validation forms are included as
Attachment 6.
FISCAL IMPACT:
The City has received $344,000 in federal aid funds for construction of the Project, as
shown in the Caltrans authorization; these funds have been allocated to the Capital
Project Fund (Fund 261) in Account No. 261-4491-50299. Caltrans previously approved
$38,500 in Design funds in the 2011-2012 Fiscal Year. The Project budget and
estimated expenditures are identified in Table 1 below.
Table of Project Costs Amount
Federal SRTS Funding (FY 11/12) — Design $38,500
Federal SRTS Funding (FY 15/16) - Construction $344,000
Gas Tax (Fund 133) $125,000
Design and Environmental $38,500
Project Administration Expended $15,000
Project Administration (Estimated) $5,000
Construction Inspection Estimated ($17,500
Construction Cost $391 ,500)
Contingency $39,150)
Balance Remaining $850
Table 1
y U4
City Council Staff Report
February 3, 2016-- Page 5
Award CP. 08-10, Safe Routes To School
Funds to encumber for award of the construction contract in the amount of $391,500
with All American Asphalt, Inc. are available from the following accounts:
• Capital Project Account No. 261-4491-50299: $336,000
• Gas Tax Account No. 133-4298-50299: $55,500
SUBMITTED:
Prepared by: Approved by:
MAAAMarcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Es D
Assistant City Manager/City Engineer City Manager
Attachments:
1. Vicinity Map
2. Caltrans authorization
3. Bid Summary
4. Construction Contract
5. CEQA Notice of Exemption
6. NEPA Categorical Exclusion and Re-Validation
Attachment 1
f7f;
0
PALM
� a
DESERT TRAMMEW DRIVE V
HIGHLAND
PARK LAS VEOAS RD.
{� RADIO RD. 1 O ATN\9
,Q "6 m cq( 1 FORN�P
�p SAN RAFAEL DR.
1� p
4
m mmaS DR. CO.MRvAw sPXY LIXos R �£EJ, iw YMm e Y
XWORUARw � eux�s RACQUET CLUB ROAD VE"RD
rn FR
•otmu
/IQNWI MY g
111 k w NOT TO SCALE
y o
2 MSTA�OMOROADZI
V A CHWO ROADo \TAMARISK RD. \OALEJD ROAD �^AMADO ROAD 111P SPRINGSyRNA AIRPORT I /LJaTAHWIR CANYON WAY i&MsPIEMXIs �eARlsTosn uRxwo Nw mL ¢ox=N 1D W O RW19pF CgIXIY
RMION ROAD m caRixml¢ RPIQN RDaO
c WARM SANDS
> rc O m
m SUNNY DUNES ROAD
� R SUNx f DUN S RD. tG fW
S3 Zm 0
AIE.
n d •P oarz wETx. YES vAVE.
1 GOIT ClYIR3 PCU/J1N
(Ntllt)
p IUMR IXURIi
Rw SONORA ROAD
o � PrN swxH#
� •au'PAs
cwNse
EAST PALM CANYON DRIVE was xWSE
NOpNfx O
�DNmDVS � m .
VICINITY MAP EaST,4Lk
CITY OF PALM SPRINGS, CALIFORNIA �°R
111
OI CAHUILLA ELEMENTARY SCHOOL
O2 CIELO VISTA ELEMENTARY SCHOOL
O KATHERINE FINCHY ELEMENTARY SCHOOL
® RAYMOND CREE MIDDLE SCHOOL
O VISTA DEL MONTE ELEMENTARY SCHOOL
Attachment 2
o�
S1'Ar1;0t CAL1FGRNtA-1JUS1NFSS.'rR6haPQRTAIIONANnfbUSINGAGhNCY_..
DEPARTMENT OF TRANSPORTATION
DIVISION OF PLANNING AND LOCAL ASSISTANCE
464 W.4Tn STREET,6"Floor,MS-760
SAN BERNARDINO,CA 92401-1400
PHONE (909)383-4030 Rezyw!pa.red
FAX (909)383.5936 Beenergyefclem!
TIN 711
www.dot.ca.gov/dist8/
September 10,2015
08-RIV-0-PSP
SRTSL-5282(039)
Marcus L.Fuller Install pedestrian safety improvements and
Director of Public Works/City Engineer Bikeways along School Routes
City of Palm Springs In the vicinity of Cahuilia ES,Cielo Vista ES,
3200 E.Tahquitz Canyon Way Katherine Finchy ES,Vista del Monte E,and
Palm Springs,CA 92262 Raymond Cree MS.
Dear Mr.Ansari:
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(LAPM),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 cannot be submitted until after funds are encumbered via an executed Program
Supplemental Agreement(PSA)and/or an executed Finance Letter.
If you have any questions,please call me or my staff,Alberto Vergel De Dios at(909)809-3944.
Sincerely,
/E ,�'�
Sean Yeung,
District Local Assistance Engineer
Attachment: E-76
c: Grace Alvarez,RCTC
Anna Alonso,Caltrans Construction Oversight Engineer
Savat Khamphou,City of Palm Springs
George Farago,City of Palm Springs 09
Page 1 of 1
AMENDMENT MODIFICATION SUMMARY-(E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION
DLA LOCATOR: OB-RIV-O-PSP PROJECT LOCATION:
PREFIX: SRTSL IN THE VICINITY OF VARIOUS SCHOOLS THROUGHOUT THE CITY OF PALM SPRINGS
PROJECT NO: 5282(039) TYPE OF WORK:
SEQ NO: 2 PEDESTRIAN SAFETY IMPROVEMENTS&CL.II BIKE LANES PREV AUTH/AGREE DATES:
STATE PROJ NO:08925232L FED RR NO'S: PE: 04121/2011
AGENCY: PALM SPRINGS PUC CODES: R(W:
ROUTE: PROJ OVERSIGHT:DELEGATEDILOCAL ADMIN CON:
TIP DATA ENV STATUS/DT: DELEG TO STATE USC 3261SEC 6004 08112/2013 SPR:
MPOt SCAG RW STATUS/DT: 1 08/18/2015 MCS:
FSTIP YR: 14/15 INV RTE: OTH:
STIP REF: 209.7000-1050 BEG MP: 0
DISASTER NO: END MP: 0
BRIDGE NO'S:
FROG CODE LINE NO IMPV TYPE FUNC SYS URBAN AREA URBIRURAL DEMO ID
LU20 10 15 C INDIO-COACHELLA URBAN
LU2E 30 28 C INDIO-COACHELIA URBAN
LU2E 31 17 C INDIO-COACHELLA URBAN
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST AC COST
PREY.OBLIGATION $38,500.00 $38,500.00 $0.00
PE THIS REQUEST $0.00 $0,00 $0.00
SUBTOTAL $38,500 DO $38,500.00 50.00
PREY.OBLIGATION $0.00 $0.00 $0.00
RAN THIS REQUEST $0.00 $0.00 $0.00
SUBTOTAL $0.00 $0.00 $0.00
PREY.OBLIGATION 50.00 $0.00 $0.00
CON THIS REQUEST $344,000.00 $344,000.00 $0.W
SUBTOTAL $344,000.00 $344,000.00 $0.00
TOTAL: $382.500.00 $382,500.00 $0.00
STATE REMARKS
122712010 This is a request for Preliminary Engineering funding for the installation of pedestdan safety improvements and bikeways along school routes m the vincinity of Cahuilla Elementary School,Cielo Vista ES,Katherine
Finchy ES,Vista Del Monte ES,and Raymond Cree Middle School in the City of Palm Springs. This project will used HU20(SRTS-I)funds at a maldmum relmbursemenl ratio of 100.00%up to$38,500 for
Preliminary Engineering. at
01/04/2011 D1/04110 Need paperwork
01/26/11 NEED EPSP MPOIRANDY
02JO9111 TOTAL COST FED P/C FED FUNDS(LU20) LOCAL
PREL ENG'G $38,500 $38,500 $38,500 0
TOTAL $38,500 $38,500 $38,500 0
SRTS PROJECT Infrastructure project ID:S0208040 CYCLE 2, AU
04/19/2011 04/19111:Seq 1-authorized$38,500 of LU20 funds for the PE Phase, The City shall not begin final desgn/PS&E prior to approval of the NEPA environmental document. The scope&limits of the project are as
indicated in the approved SRTS Application. On 4111111.HQ DLA-Of ice of Safety Programs approved a change in scope to Location 1117 in the Application-the City made t is change in order to comply with the
CA MUTCD. The Median Landscaping&Irrigation Item shown in the City's SRTS Application Construction Estimate is not an SRTS eligible item and the City shall Indicate all costs InvoNing this Item as non-
participating.
The draft Advantage Id is: D800020450.
Supplemental documentation provided to FHWA as part of this Seq 1 E-76 are:FL dated III Ill 1.FSTIP Sheet,and the FTIP Beck-up List.
0512612015 SEQ 2.This is a request for Construction Contract and Construction Engineering funding using Safe Route to School funds.The project would install pedetrian safety improvements and bikeways along school
IN.—
CD
routes in the vicinity of Cahuilla Elementary School,Cielo Vista ES,Katherine Finchy ES,Vista Del Monte ES,and Raymond Cree Middle School in the City of Palm Springs.The project release date was on
10/1512008 Cycle 2 item no.89 project ID 90208040 and programmed in SCAG's 2015 FTIP amendment no.land approved on 12/15/14 for FY 14-15 with project ID SRTS2-08-DOS.NEPA clearance was
approved on 08rM2013 and was revalidated on 0512812015.Encroachment Permit 08-14-N-SN-0459 was issued on 091l&2014 with a rider issued on 0610112015.Right of Way certification was approved on
0811812015.Maximum reimbursement rate is 100%.
0 8/1 912 01 5 BED 2.Agreement End Data on 0813012021.
09/0212015 Sequence#2 is a request for construction and conslruc8an engineering funding to Install pedestrian safety improvements consisting of curb,gutter,sidewalk,ADA-compliant curb ramps,cross-gutters,and
pavement markings and striping for Class I I bicycle lanes along school routes In the vicinity of Cahuille Elementary.Cielo Vista Elementary,Katherine Flnchy Elementary,and Vista Dal Monte Elementary Schools
and Raymond Crse Middle School in the City of Palm Springs using infrastructure Safe Routes to Schools Program(SRTS)funds awarded on 10115/08 as a SRTS Cycle 2 project and programmed for FY 14-15 in
Amendment#1 approved on 1211 SH4 to SCAGs 2015 FTIP. Funding for preliminary engineering work was previously obligated. The NEPA decision approved on 8/12113 was revalidated on 6128115. Federal
funding is capped at$382.500 for all phases of work with a maximum reimbursement ratio of 100%. Encroachment permit 008-14-N-SN-0459 was issued by Caltrans for work to performed within the SR 111 right
of way. Reimburse with previously-obfigated LU20 SRTS infrastructure funds for preliminary engineering and with new LU2E SRTS infrastructure funds at 100%on a pro rate reimbursement basis up to the federal
amounts shown for construction and construction engineering. Cycle 2 Proj.No.89,SRTS ID#S0208040 and#SRTS2-08-005.
0 910 2/2 01 5 Advantage ID 0800020450,
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST:CON PREPARED IN FADS BY:VERGEL DE DIOS.ALBERTO ON OW19/2015 806-3944
FOR:CONSTRUCTION 8 CENG. REVIEWED IN FADS BY:LOUIE,PATRICK ON 09/0412015 653-7349
DOCUMENT TYPE:AMOO SUBMITTED IN FADS BY:LOUIE,PATRICK ON 09M4/2015 FOR CALTRANS
PROCESSED IN FADS BY:FOGLE.JERILYNN ON 09/07/2015 FOR FHWA
APPROVED IN FMISBY:VENESHIASMITH ON 09/1012015
SIGNATURE HISTORY FOR PROJECT NUMBER 5282(039)AS OF 09IM2015
FHWA FMIS 4.0 SIGNATURE HISTORY
MOD# SIGNED BY SIGNED ON
1 JERILYNN FOGLE 0 910 912 01 5
ZYLKIA MARTIN-YAMBO 0 910 912 01 5
VENESHIA SMITH 09/10/2015
0 JERILYNN FOGLE 04121/2011
GARY J.SWEETEN D412112011
TASIA PAPAJOHN 04/21/2011
FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED 13Y SIGNED ON
AMENDIMOD LOUIE,PATRICK 09/04/2015
1�
r
Attachment 3
,12
SAFE ROUTES TO SCHOOL
CITY PROJECT N0.08.10
BID SUMMARY
1/21/2016
BID SCHEDULE ALL AMERICAN ASPH.,INC. HARDY&HARPER,INC. VIDO SAMARZJCH,INC. TRI-STAR CONTRACTING II,INC.
ITEM DESCRIPTION QUANT. UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNITPRICE TOTAL UNIT PRICE TOTAL
1 Mobilization 1 LS $38,000.00 $38,000.00 $8,000.00 $8,00000 $10.l $10.000.00 $16,108.DO $16,108.00
2 Traffic Control 1 LS $20,000,00 $20,000.00 $30,000.00 $30,000.00 $5,00000 $5,000.00 $12,72000 $12,72006
3 Water Pollution Control 1 LS $4,000,00 54,000.00 54,400.00 $4.400.00 $7,000.00 $2,000.00 $5,647.00 $5,64700
4 Clearing,Grubbing and Miscellaneous Removals 1 LS $25.000.00 $25,000 DO $38,000,00 $38,000.00 $5.000.00 $5.000.00 $20.622.D0 $20,622.00
5 Remove Existing AC Pavement 10,500 SF $2D0 $21,000,00 $1,50 $15,750.00 $3.00 $31.500.00 $1,74 $18,270.06
6 Remove Existing FCC Curb&Glider 225 LF $40.00 $9,000,00 $2400 $5,400.00 $15.00 $3.375.00 $34.30 $7,717.50
7 Remove Existing PCC Improvements 1,350 SF $400 $5,400.00 $4,00 $5,400.00 $3.00 $4.050.00 $5.72 $7.722 00
8 Cori 4"PCC Sidewalk 5,900 SF $4.00 $23.60000 $5.50 $32,450.00 $8.50 $5D,150.00 ll $40,35606
9 Construct Curb Ramp 60 CY $5DO.00 $30.ODO.00 $737.00 $44,220,00 $400.00 $24.000.00 5412.00 $24,720.00
10 Modify Existing Curb Ramp(Fumish antl Install Truncated Domes) 200 SF $80.00 $16,OD0.00 $8000 $16,000.00 $35.00 $7.000.00 $13.70 $2,740.00
11 IConstrudTypeA3 Curb&Gutter 1,1N LF $26.00 $28,60000 $40.00 $44,000,00 $4&00 $52.800.00 $49.16 $54,07600
12 IConstruct PCC Spandrel&Cross-Gutter 750 SF $14.00 $10500.00 $13.00 $9,750,00 $20.00 $15.000.00 $23.20 $17,400.00
13 Coni 6'PCC Ddveway 1,750 SF $8.00 $14,D0000 $10,00 $17,500.00 $8.00 $14.000.00 $10.24 $17,920,06
14 Asphalt Concrete Type C2 140 TON $170.00 $23,800.00 $15500 $21,700.00 $225.00 $31.500.00 $214.00 $29.960.00
15 Crushed Miscellaneous Base 200 TON $60.00 $12,00000 Sli $12,000.00 $65.00 $13.000.00 $56.80 $11,360.00
16 Furnish and Install 6'x 7 Removahle Speed Cushions 8 CA $1,700.00 $13,60000 $1,800.00 $14,400,00 $1,300,00 $10.400.00 $1.841 $14,784.00
17 Furnish and Install LED Countdown Pedestrian Signal 8 EA $1,500.00 $12000.00 $2,200.00 $17,600.00 $3,500.00 $28.000.00 $1,635.00 $13.080.06
18 Traffic Striping,Signage&Markings 1 LS $50,00000 $50,000.00 $50,430.00 $50,430.00 $82,000.00 $82.000.00 $87,36700 $87.367.00
19 Field Orders 1 LS $35,000.00 1 $35DW.001 $35,000.00 1 $35,000,001 $35,000.DO 1 $35.000.001 $35,000.00 $35,060.00
TOTAL= $391,500.001 TOTAL= $422,000.00 TOTAL= $423,775.00 TOTAL= $437,569.50
�"r
Attachment 4
14
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 All American Asphalt, 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:
SAFE ROUTES TO SCHOOL PROJECT
CITY PROJECT NO. 08-10
FEDERAL AID PROJECT NO. SRTS-5282 (039)
The Work consists of construction of pedestrian safety improvements including curb and gutter,
sidewalk, ADA curb ramps, crosswalks, bulb-outs, chokers, pedestrian countdown traffic signals, and
installation of traffic striping and signage for bicycle lanes along school routes in the vicinity of Cahuilla,
Cielo Vista, Katherine Finchy, and Vista Del Monte Elementary Schools, and Raymond Cree Middle
School.
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.
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM-PAGE 1
CITY PROJECT NO.08-10
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 Three Hundred
Ninety One Thousand Five Hundred Dollars ($391,500).
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 2 , inclusive, and all Change Orders and Work Change Directives which may
be delivered or issued after the Effective Date of the Agreement and are not attached hereto.
The Contract Documents shall also incorporate those certain Federal Requirements for Federal-Aid
Construction Projects (Form FHWA 1273), included in Exhibit "A" attached hereto and made a part
hereof.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the
Contractor agrees to furnish all materials and perform all work required for the above stated project,
and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete
the Work, and fulfill the obligations according to the terms and conditions herein contained and referred
to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the
manner, and upon the conditions set forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code
requirements specified in the Contract Documents, including the requirement to furnish electronic
certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards
SAFE ROUTES TO SCHOOL PROJECT
CITY PROJECT NO.08-10 AGREEMENT FORM-PAGE 2
16
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
The Contractor represents and agrees that it does not and will not discriminate against any
subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex,
or national origin in any matter including without limitation employment upgrading, demotion, transfers,
recruitment, recruitment advertising, layoff, termination, rates of pay, or other forms of compensation
and selection for training, including apprenticeship.
ARTICLE 10 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special
Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions.
No assignment by a party hereto of any rights under or interests 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.
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM-PAGE 3
CITY PROJECT NO.08-10
17
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.
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,
CALIFORNIA CONTRACTOR
By By: All American Asphalt, Inc.
David H. Ready Firm/Company Name
City Manager
ATTEST:
By:
By Signature (notarized)
James Thompson
City Clerk Name:
APPROVED AS TO FORM:
Title:
By
Douglas Holland
City Attorney By:
Signature (notarized)
RECOMMENDED:
Name:
By
Marcus L. Fuller,
Assistant City Manager/City Engineer Title:
APPROVED BY THE CITY COUNCIL:
Date
Agreement No.
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM-PAGE 4
CITY PROJECT NO.08-10
•' 18
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
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM-EXHIBIT"A"
CITY PROJECT NO.08-10 19
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 11. NONDISCRIMINATION
II. Nondiscrimination
III. Nonsegregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable
IV. Davis-Bacon and Related Act Provisions to all Federal-aid construction contracts and to all related construction
V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$10,000 or more. The provisions of 23 CFR Part 230
VI. Subletting or Assigning the Contract are not applicable to material supply, engineering, or architectural
VII. Safety:Accident Prevention service contracts.
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution In addition, the contractor and all subcontractors must comply with the
Control Act following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
X. Compliance with Governmentwile Suspension and Debarment 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
Requirements amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
XI. Certification Regarding Use of Contract Funds for Lobbying amended, and related regulations including 49 CFR Parts 21, 26 and
27;and 23 CFR Parts 200,230,and 633.
ATTACHMENTS
The contractor and all subcontractors must comply with: the
A. Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
Highway System or Appalachian Local Access Road Contracts for all construction contracts exceeding $10,000, the Standard Federal
(included in Appalachian contracts only) Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
I. GENERAL
Note: The U.S. Department of Labor has exclusive authority to
1. Form FHWA-1273 must be physically incorporated in each determine compliance with Executive Order 11246 and the policies of
construction contract funded under Title 23 (excluding emergency the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.
contracts solely intended for debris removal). The contractor (or The contracting agency and the FHWA have the authority and the
subcontractor) must insert this form in each subcontract and further responsibility to ensure compliance with Title 23 USC Section 140,the
require its inclusion in all lower tier subcontracts (excluding purchase Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of
orders, rental agreements and other agreements for supplies or the Civil Rights Act of 1964, as amended, and related regulations
services). including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200, 230,and
633.
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order,rental agreement or The following provision is adopted from 23 CFR 230,Appendix A, with
agreement for other services. The prime contractor shall be responsible appropriate revisions to conform to the U.S. Department of Labor(US
for compliance by any subcontractor,lower-tier subcontractor or service DOL)and FHWA requirements.
provider.
1. Equal Employment Opportunity: Equal employment opportunity
Form FHWA-1273 must be included in all Federal-aid design-build (EEO)requirements not to discriminate and to take affirmative action to
contracts, in all subcontracts and in lower tier subcontracts (excluding assure equal opportunity as set forth under laws, executive orders,
subcontracts for design services, purchase orders, rental agreements rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41
and other agreements for supplies or services). The design-builder CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as
shall be responsible for compliance by any subcontractor, lower-tier modified by the provisions prescribed herein, and imposed pursuant to
subcontractor or service provider. 23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract.The
Contracting agencies may reference Form FHWA-1273 in bid proposal provisions of the Americans with Disabilities Act of 1990 (42 U.S.C.
or request for proposal documents, however, the Form FHWA-1273 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are
must be physically incorporated (not referenced) in all contracts, incorporated by reference in this contract. In the execution of this
subcontracts and lower-tier subcontracts (excluding purchase orders, contract, the contractor agrees to comply with the following minimum
rental agreements and other agreements for supplies or services specific requirement activities of EEO:
related to a construction contract).
a. The contractor will work with the contracting agency and the
2. Subject to the applicability criteria noted in the following sections, Federal Government to ensure that it has made every good faith effort
these contract provisions shall apply to all work performed on the to provide equal opportunity with respect to all of its terms and
contract by the contractors own organization and with the assistance of conditions of employment and in their review of activities under the
workers under the contractor's immediate superintendence and to all contract.
work performed on the contract by piecework, station work, or by
subcontract. b. The contractor will accept as its operating policy the following
statement:
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding of "It is the policy of this Company to assure that applicants are
progress payments, withholding of final payment, termination of the employed, and that employees are treated during employment,
contract, suspension i debarment or any other action determined to be without regard to their race,religion,sex,color, national origin,age or
appropriate by the contracting agency and FHWA. disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
4. Selection of Labor: During the performance of this contract, the termination; rates of pay or other forms of compensation; and
contractor shall not use convict labor for any purpose within the limits of selection for training, including apprenticeship, pre-apprenticeship,
a construction project on a Federal-aid highway unless it is labor and/or on-the-job training"
performed by convicts who are on parole, supervised release, or
probation. The term Federal-aid highway does not include roadways 2- EEO Officer: The contractor will designate and make known to the
functionally classified as local roads or rural minor collectors. 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.
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT J'b
CITY PROJECT NO.08-10
3. Dissemination of Policy: All members of the contractor's staff b.The contractor will periodically evaluate the spread of wages paid
who are authorized to hire, supervise, promote, and discharge within each classification to determine any evidence of
employees, or who recommend such action, or who are discriminatory wage practices.
substantially involved in such action,will be made fully cognizant of,
and will implement, the contractors EEO policy and contractual c.The contractor will periodically review selected personnel actions
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 take appropriate corrective action within a
b.All new supervisory or personnel office employees will be given a reasonable time. If the investigation indicates that the
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 contractors 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 contractors 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 or job classification involved.
e.The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by b.Consistent with the contractors 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
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT"A"
CITY PROJECT NO.08-10
21
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 1 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 contractors 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. contractors 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 clocks, 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,& apply these requirements to other projects.
DOTapproved 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 Wth 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
1 i. 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
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.b.of this section)and the Davis-Bacon poster(W H-1321)shall be
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT"A"
CITY PROJECT NO.08-10
22
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 Gass 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 is to be employed under the contract including apprentices, trainees, and helpers, employed
by
shall be classified in conformance with the wage detemrination. contractor t. any subcontractor the full amount la wages requited by
r the
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 take such action as may be necessary to cause the suspension of
performed by a classification in the wage determination;and any further payment, advance, or guarantee of funds until such
violations have ceased.
(ii)The classification is utilized in the area by the construction 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 1(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(axlxiv) 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)(6)
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 1b.(2) or 1.b.(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 forth 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.govlesa/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 (ax3)(ii) of
withhold or cause to be withheld from the contractor under this Regulations, 29 CFR part 5, the appropriate information is
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT"A"
CITY PROJECT NO.0&10
23
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 journeymen 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 opportunity. 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 staled 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 joumeymen shall not be greater than permitted by the
percentages of the journeyman's hourly rate) specified in the terms of the particular program.
contractor's or subcontractor's registered program shall be
observed.
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT"A"
CITY PROJECT NO.08-10
24
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 or their 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
fine 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 penalty for making false statements is prescribed in the U.S. a. The term "perform 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 predetermined minimum wages, the
submission of payrolls, statements of compliance and all
2.Violation; liability for unpaid wages; liquidated damages. In other Federal regulatory requirements.
the event of any violation of the clause set forth in paragraph(1.)of
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
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT"A"
CITY PROJECT NO.08-10 25
material and manufactured products which are to be purchased where it is readily available to all persons concemed 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 fine,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 Stal. 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,
Vlll.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
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT"A"
CITY PROJECT NO.08-10 26
prospective first tier participant to furnish a certification or an available to the Federal Government, the department or agency
explanation shall disqualify such a person from participation in may terminate this transaction for cause or default.
this transaction.
c.The certification in this clause is a material representation of fact 2. Certification Regarding Debarment, Suspension, Ineligibility
upon which reliance was placed when the contracting agency and Voluntary Exclusion—First Tier Participants:
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous a.The prospective first tier participant certifies to the best of its
certification,in addition to other remedies available to the Federal knowledge and belief,that it and its principals:
Government, the contracting agency may terminate this
transaction for cause of default. (1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
d.The prospective first tier participant shall provide immediate participating in covered transactions by any Federal
written notice to the contracting agency to whom this proposal is department or agency;
submitted if any time the prospective first tier participant learns
that its certification was erroneous when submitted or has (2) Have not within a three-year period preceding this proposal
become erroneous by reason of changed circumstances. been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in
e.The terms "covered transaction," "debarred," "suspended," connection with obtaining, attempting to obtain, or
"ineligible," "participant," "person," "principal," and "voluntarily performing a public (Federal, State or local) transaction or
excluded,"as used in this clause,are defined in 2 CFR Parts 180 contract under a public transaction; violation of Federal or
and 1200. "First Tier Covered Transactions" refers to any 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 Government,
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 learns 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:/lwww.eols.aov/), 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
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT"A"
CITY PROJECT NO.08-10
27
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.
I. 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 instructions.
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
(httpsJ/w .epls.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:
SAFE ROUTES TO SCHOOL PROJECT AGREEMENT FORM—EXHIBIT"A"
CITY PROJECT NO.08-10
28
FEMALE AND M/ONORITY GOALS
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980))are as follows:
MINORITY UTILIZATION GOALS
Economic Area Goal %
Redding CA: 6.8
174 Non-SMSA(Standard Metropolitan Statistical Area)Counties:
CA Lassen;CA Modoc; CA Plumes; CA Shasta; CA Siskiyou; CA Tehama
Eureka, CA 6.6
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 19.6
7400 San Jose, CA
CA Santa Clara, CA
176 7485 Santa Cruz, CA 4.9
CA Santa Cruz
7500 Santa Rosa '1
CA Sonoma 17.1
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solaro
Non-SMSA Counties: 3.2
CA Lake;CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties: 6.1
177 6920 Sacramento,CA
CA Placer; CA Sacramento; CA Yolo 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.
SAFE ROUTES TO SCHOOL PROJECT
CITY PROJECT NO. 08-10 AGREEMENT FORM-EXHIBIT"A"
25
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
SAFE ROUTES TO SCHOOL PROJECT
CITY PROJECT NO.08-10 AGREEMENT FORM-EXHIBIT"A"
3Q
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
SAFE ROUTES TO SCHOOL PROJECT
CITY PROJECT NO.08-10 AGREEMENT FORM-EXHIBIT"A"
31
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. Includinq Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a
Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant
or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement
and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the California Department of
Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONTRACTOR is in the exclusive possession of another who fails or
refuses to furnish this information, CONTRACTOR shall so certify to the California Department of
Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to
obtain the information.
(5) Sanctions for Noncompliance In the event of CONTRACTOR's noncompliance with the nondiscrimination
provisions of this agreement, the California Department of Transportation shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to
exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in
every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is
threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may
request the California Department of Transportation enter into such litigation to protect the interests of the
State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect
the interests of the United States.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION
* * * END OF EXHIBIT "A" * * *
SAFE ROUTES TO SCHOOL PROJECT
CITY PROJECT NO.08-10 AGREEMENT FORM-EXHIBIT"A"
32
Attachment 5
33
Notice of Exemption Form D
To: ❑ Office of Planning and Research From: (Public Agency) City of Palm_Springs
PO Box 3044, 1400 Tenth Street,Room 212 3200 E. Tahquitr eagyon-way ----
Sacramento,CA 95812-3044
Palm Springs, CA Off 'n:�O�-� '-• --
(�j County Clerk (Add rp
County of_Riverside ;Awl ) M""
P.O. Box 751 uR[:." !1! ?A8Ct.GL R':
Riverside, CA 92502-0751
Project Title: Safe Routes to School - Cycle 2 (SRTS)
Project Location-Specific:
Paseo Dorothea (Cielo Vista Elem. School) , Camino Real, Mesquite Ave. (Cahuilla) , Via
Miraleste (Vista Del Monte) , and Ave. Caballeros (Katherine Finchy and Raymond Cree) .
Project Location—City: Palm Springs Project Location—County: Riverside
Description of Project:
The Safe Routes to School project consists of crosswalks, pedestrian warning signs,
bike lanes, countdown signals, sidewalk, ADA curb ramps, and related improvements at
four elementary schools and one middle school .
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Out Project: City of Palm Springs
Exempt Status: (check one)
❑Ministerial (Sec.21080(b)(1); 15268); 3_ V l
❑Declared Emergency(Sec.21080(b)(3); 15269(a)); ^
❑Emergency Project(Sec.21080(b)(4); 15269(b)(c)); /�I"
Categorical Exemption.State type and section number: 15301 (e) & (f) Existing Facilaties
❑Statutory Exemptions. State code number:
Reasons why project is exempt:
This Safe Routes to School project will add safety improvements in conjunction with
existing facilities: crosswalks, pedestrian warning signs, bike lanes, sidewalk, ADA
.curb ramps and countdown signals within the CityTG existing right of way.
Lead Agency
Contact Person: Savat Khamphou, P.E. Area Code/Telephone/Extension: (760) 323-8253
If filed by appReam.
1. Attach certifie do me of emption finding.
2. Has a Notice o emp on filed by the public agency approving the project? ❑Yes ❑No
Signature: Date: Title: A6st . Dir. of Public
W]Signed by Lead Agency in/n rks
Date received for filing at OPR:
❑Signed by Applicant
January 2004
27
34
Attachment 6
35
CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM
08-RIV-PALM SPRINGS N/A N/A SRTSL 5282(039)
Dist.-Co.-Rte. or Local en P.M./P.M. EA/Project No. Federal-Aid Project No. Local Project r jecl No.
PROJECT DESCRIPTION: (Briefly describe project including need,purpose,location,limits,right-of-way requirements,and
activities involved in this box.Use Continuation Sheet,if necessary.)
The City of Palm Springs proposes to install pedestrian safety improvements and bikeways along school routes.The
improvements will take place in the vicinity of Cahuilla Elementary School, Cielo Vista Elementary School, Katherine Finchy
Elementary School.Vista del Monte Elementary School and Raymond Cree Middle School. All work will be completed
within the Cily's right-of-way.
CEQA COMPLIANCE(for State Projacts only)
Based on an examination of this proposal and supporting information,the following statements are true and exceptions do not apply(See
14 CCR 15300 at seq,):
• This project falls within exempt class 3,4,5,6 and/or 11,and it does not impact an environmental resource of hazardous or critical
concern where designated,precisely mapped,and officially adopted pursuant to law.
• There will not be a significant cumulative effect by this project and successive projects of the same type in the same place,over titre.
• There is not a reasonable possibility that the project will have a significant 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 list compiled pursuant to GovL Code§65962.5("Cortese LisC).
• This project does not cause 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 Exempt General Rule exemption.[This project does not fall within an exempt class,but it can be seen with certainty
that there is no passibility that the activity may have a sgnificant effect on the environment(CCR 15061[b][31.)
N/A NIA
Print Name:Environmental Branch Chief Print Name:Project Manager/DLA Engineer
NIA NIA
Signature Date Signature Date
NEPA COMPLIANCE
In accordance with 23 CFR 771.1117,and based on an examination of this proposal and supporting information,the State has determined
that this 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).
CALTRANS NEPA DETERMINATION (Check one)
® 23 USC 326: The State has determined that this project has no significant impacts on the environment as defined by NEPA,and that
there are no unusual circumstances as described in 23 CFR 771.117(b).As such,the project is categorically excluded from the
requirements to prepare an environmental assessment or environmental impact statement under the National Environmental Policy
Act,The State has been assigned,and hereby certifies that it has carried out the responsibility to make this deterninalion pursuant to
Chapter 3 of Title 23,United States Code,Section 326 and a Memorandum of Understanding dated June 07,2013,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)(9)
❑23 CFR 771.117(d):activity(dK_)
❑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
under 23 USC 327.
Aaron P.Burton i. Sean Yeung
Print Name: vlr enta ief PriT211re:Proj ManagerJDLA Engineer( twj)
r -12-2a� _ �7 —)-- 1z313
gnature Date Signature �/ ate
Date of Categorical Exclusion Checklist completion:August 7,2013 Date of ECR or equivalent:August 7,2013
Briefly fist environmental commitments on continuation sheet. Reference additional information,as appropriate(e.g.,CE checklist,
additional studies and design conditions).
June 7,2013
Page I of 2
36
CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM
Continuation Sheet
08-RIV-PALM SPRINGS NIA NIA SRTSL 5282(039)
Dist.-Co.-Rte. or Local en P.M.IP.M. EAtPro'ect No. Federal-Aid Project No. Local ProjectyProject No.
Continued from page 1:
Cultural Approval:August 7.2013
Cultural Environmental CommBments:
CR4: If human remains are discovered during construction,work in that area must haft immediately and the Riverside County Coroners
Office must be notified immediately under state law,and a qualified archaeologist and Native American monitor shall be contacted. Should
the Coroner determine the human remains to be Native American;the Native American Heritage Commission shall be contacted pursuant
to Public Resources Code Section 5097.98.
CR-2: if archaeological resources are discovered during construction activities on-site,the contractor shall stop all work and the County
shall retain a qualified archaeologist to evaluate the significance of the potential finding and identify an appropriate course of action.
Salvage operations shall follow requirements pursuant to Section 15064.5 of the California Environmental quality Act(CEGA)Guidelines-
June 7,2013
Page 2 of 2 37
NEPAlCEQA RE-VALIDATION FORM
DISTJCO.IRTE. 08/RIV/Palm Springs
PAl11PM N/A
E.A.or Fed-Aid Project No. SRTSL 5282(039)
Other Project No.(specify) N/A
PROJECT TITLE Safe Routes to School Improvements
ENVIRONMENTAL 23 USC 326 Categorical Exclusion
APPROVALTYPE
DATE APPROVED 8/12/13
Check reason for consultation:
REASON FOR ®project proceeding to next major federal approval
CONSULTATION ❑Change in scope, setting,effects,mitigation measures,requirements
(23 CFR 771.129) El 3-year timeline(EIS only)
❑WA Re-Validation for CEQA only)
The original project description includes installation of pedestrian safety improvements and bikeways
along school routes in the vicinity of Cahuilla Elementary School,Cielo Vista Elementary School,
Katherine Finchy Elementary School,Vista del Monte Elementary School,and Raymond Cme Middle
School. The proposed improvements are limited to Construction of new sidewalks,traffic striping for
DESCRIPTION OF improved pedestrian Crosswalks and new bike lanes,construction of pavement'chokers'and bulbuls
CHANGED CONDITIONS for traffic calming,installation of traffic signage intersections,replacement of existing Curb ramps with
perpendicular Curb ramps,road diets,building gap in the median for pedestrian crossing,painting the
Curb red,adding tapered curb extensions,and installation of center pedestrians signs.The project is
proceeding to next federal major approval for its E-76 for construction.No Change in scope,settings or
requirements.No further documentation is required.
NEPA CONCLUSION-VALIDITY
Based on an examination of the changed conditions and supporting information:[Check ONE of the three statements below,regarding the validity of
the original documentiVeterminatm(23 CFR 771.129).Ifdocument is no longer valid,indicate whether additional pubbc review is warranted and
whether the type of environmental document will be elevated]
® The original environmental document or CE remains valid. No further documentation will be prepared.
❑ The original environmental document or CE is in need of updating;further documentation has been prepared and
❑is included on the continuation sheet(s)or❑ is attached.With this additional documentation,the original ED
or CE remains valid.
Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
❑ The original document or CE is no longer valid.
Additional public review Is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
Supplemental environmental document is needed. Yes❑ No❑
Newenvmonmental document is needed. Yes❑ No❑ (If"Yes,"specify type: )
CONCURRE 61E WI P. ONCLUSION
eeor e N l i a
5-27- lS — � rid'
rgnat e:Environme to Chip. Date Signaty oject Manager/DLAE Da e
CEQA CONCLUSION : (Only mandated forprojects on the State Highway System.)
Based on an examination of the changed Conditions and supporting information,the following Conclusion has been reached regarding appropriate
CEQA documentation:(Check ONE ofthe five statements below indicating whether any additional documentation will be prepared and if so,what
kind.If additional documentation is prepared,attach a copy of this signed form and any continuation sheets.)
❑ Original document remains valid. No further documentation is necessary.
❑ Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be ❑ prepared and is ❑ included on the continuation sheets or ❑ will be attached. It need
not be circulated for public review.(CEQA Guidelines,§15164)
❑ Changes are substantial,but only minor additions or changes are necessary to make the previous document
adequate. A Supplemental environmental document will be prepared,and it will be circulated for public review.
(CEQA Guideltnes,§15163)
❑ Changes are substantial,and major revisions to the current document are necessary. A Subsequent
environmental document will be prepared,and it will be circulated for public review.(CEQA Guidelines,§15162)
(Specify We ofsubsequent document e.g.,Subsequent FEIR:)
❑ The CE is no longer valid. New CE is needed. Yes❑ No❑
CONCURRENCE WITH CEQA CONCLUSION
I conwr with the CEQA conclusion above.
N/A N/A
Signature:Environmental Branch Chief Date Signature:Project Manager/DLAE Date
Page I of 1 Revised June 2011 Q