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441FO;t % City Council Staff Report
DATE: December 16, 2015 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO MATICH CORPORATION,
A CALIFORNIA CORPORATION, IN THE AMOUNT OF $754,385 FOR
THE RAMON ROAD PAVEMENT REHABILITATION, CITY PROJECT
NO 14-02, FEDERAL AID PROJECT NO. STPLN-5282 (043)
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
Award of this contract will allow the City to proceed with construction of the Ramon
Road Pavement Rehabilitation, City Project No. 14-02, Federal Aid Project No. STPLN-
5282 (043) (the "Project").
RECOMMENDATION:
1 . Reject the lowest bid received from R-JS General Construction, a California
corporation, as non-responsive;
2. Waive any informality (non-responsiveness), and award a construction contract
(Agreement No. ) to Matich Corporation, a California corporation, in the amount
of $754,385 for the Ramon Road Pavement Rehabilitation, City Project No. 14-02,
Federal Aid Project No. STPLN-5282 (043);
3. Authorize the City Manager to approve and execute construction contract change
orders up to an additional amount of$75,000; and
4. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
In early 2013, the Riverside County Transportation Commission (RCTC) approved a
Call for Projects for RCTC and its member jurisdictions using RCTC's allocation of
Moving Ahead for Progress in the 215t Century (MAP-21) funds made available through
the current federal transportation bill, the Surface Transportation Program (STP).
ITEM,° NO- Gv
City Council Staff Report
December 16, 2015-- Page 2
Award CP14-02, Ramon Road Pavement Rehabilitation
On March 28, 2013, the Public Works and Engineering Department responded to
RCTC's Call or Projects for MAP-21 funding, requesting consideration of funding for
pavement rehabilitation and associated improvements on Ramon Road extending
generally from Sunrise Way to El Cielo Road. The purpose of the City's request is to
repair a severely weathered heavily traveled major arterial roadway. The proposed
improvements would grind and overlay the existing asphalt concrete pavement and
related improvements. The Public Works Department requested $395,729 in STP
federal funds for an estimated $500,000 project.
RCTC received a number of requests for MAP-21 funding from its member jurisdictions,
requesting a total of $52,000,000 in funding available in Fiscal Year's 2013/14 through
2015/16. The requests were evaluated by a Review Panel, and the City's request was
ranked in 13th place of the 23 requests that were approved. The RCTC Executive
Committee subsequently approved the list of projects to receive STP funding, and the
projects were later added to the Regional Transportation Improvement Plan.
The Project will cold mill the existing asphalt concrete pavement, prepare and repair
existing cracks, construct asphalt concrete overlay, install inductive loop vehicle
detectors, and remove, reconstruct, and upgrade curb ramps to conform to current ADA
standards throughout the Project limits. A location map is provided below. A vicinity
map illustrating a 500-ft radius from the roadway segment is included as Attachment 1.
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Location Map
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.
02
City Council Staff Report
December 16, 2015-- Page 3
Award CP14-02, Ramon Road Pavement Rehabilitation
On October 7, 2015, the City Council authorized staff to advertise and solicit bids for the
Project. Subsequently, on November 12, 2015, the Procurement and Contracting
Division received five (5) construction bids from the following contractors:
Company Location Bid Amount
R-JS General Construction *** Riverside, CA $616,430
'non-responsive
Matich Corporation San Bernardino, CA $754,385
Hardy & Harper, Inc. Santa Ana, CA $777,000
All American Asphalt Corona, CA $806,840
Granite Construction Company Indio, CA $836,520
The engineer's estimate was $500,000. However, additional curb ramp replacements to
comply with ADA regulations 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.
Bid Analysis
As part of the City's normal bid review process, staff reviewed all of the bid documents
submitted by the apparent low bidder, R-JS General Construction, (R-JS), to ensure
compliance with the Instructions to Bidders, as well as compliance with certain federal
requirements, including Disadvantaged Business Enterprise (DBE) commitments. After
staffs review, staff determined that R-JS submitted an incomplete bid by failing to
include the federally-required Non-Lobbying Certification with the bid submittal.
Additionally, R-JS did not include a commitment to meet the DBE contract goal of 5%,
listing no DBE certified subcontractors, and failed to document adequate good faith
efforts to solicit DBE-certified subcontractors as part of its bid'.
Staff reviewed the bid documents submitted by the second low bidder, Matich
Corporation, and determined that its bid was compliant with the Instructions to Bidders.
Although the Matich Corporation bid does not include a commitment to meet the DBE
contract goal of 5%, listing no DBE certified subcontractors, staff determined that Matich
Corporation identified sufficient good faith efforts to solicit DBE certified firms for the
Project by placing multiple advertisements in various trade publications, and sending
requests for bids directly to approximately 30 various subcontractors, including follow-up
efforts.
' R-JS's good faith efforts were limited to direct phone calls made to 3 DBE firms, no
other good faith efforts were made, such as advertising and publications soliciting
proposals from the broader DBE community of contractors, or any evidence of follow-up
efforts to solicit proposals from DBE firms.
03
City Council Staff Report
December 16, 2015-- Page 4
Award CP14-02, Ramon Road Pavement Rehabilitation
On all advertisements for bids, the City issues a disclosure under Section N-3 "Award of
Contract," in its Notice Inviting Bids declaring that:
The City reserves the right after opening bids to reject any or all bids, to waive any
informality (non-responsiveness) in a bid, or to make award to the lowest responsive,
responsive bidder, and reject all other bids, as it may best serve the interest of the City.
As a California charter city, pursuant to relevant state and case law, the City Council
retains general authority to award contracts in the best interests of the City. On the
basis that the City Council rejects the lowest bid submitted by R-JS General
Construction as non-responsive, staff recommends that the City Council waive any
informality (non-responsiveness) in the bid submitted by Matich Corporation, and
determine that Matich Corporation of San Bernardino, California, submitted the lowest
responsive bid.
Public Works Contractor Registration Law(SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations
(DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal
submitted for public works projects on or after March 1, 2015. Similarly, a public entity
cannot award a public works contract to a non-registered contractor, effective April 1,
2015. Staff has reviewed the DIR's contractor registration database, and has confirmed
that Matich Corporation, and the listed subcontractors, are registered with the DIR, and
are appropriately licensed.
Matich Corporation, of San Bernardino, California, submitted the lowest responsive bid;
staff reviewed the bid and contractor's license, and found Matich Corporation to be
properly licensed and qualified. A construction contract with Matich Corporation 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.
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
04
City Council Staff Report
December 16, 2015-- Page 5
Award CP14-02, Ramon Road Pavement Rehabilitation
a significant effect on the environment and which are exempt from the provisions of
CEQA. In response to that mandate, the Secretary for Resources identified classes of
projects that do not have a significant effect on the environment, and are declared to be
categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public structures, facilities, mechanical equipment or topographical
features involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination. Therefore, in accordance with Section 15301(c), staff
has determined that the Ramon Road Pavement Rehabilitation Project, City Project No.
14-02, Federal Project No. STPLN-5282 (043) is considered categorically exempt from
CEQA and a Notice of Exemption has been prepared and filed with the Riverside
County Clerk. A copy of the Notice of Exemption is included as Attachment 5.
On December 11, 2014, Caltrans, acting as the lead agency pursuant to the National
Environmental Policy Act (NEPA), made an environmental determination that the
Project does not individually or cumulatively have a significant impact on the
environment as defined by NEPA and is excluded from the requirements to prepare an
Environmental Assessment (EA) or Environmental Impact Statement (EIS), and has
considered unusual circumstances pursuant to 23 CFR 771.117(b). On the basis of this
determination under federal delegation pursuant to Chapter 3 of Title 23, United States
Code, Section 326 and 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)(26). A copy of the NEPA
Categorical Exclusion is included as Attachment 6.
FISCAL IMPACT:
The City has received $395,729 in federal aid funds for the Project, as shown in the
Caltrans authorization and allocated to the Capital Project Fund (Fund 261) in Account
No. 261-4491-50322. The City Council previously appropriated $51,000 from the Local
Measure A Fund (Fund 134) in the 2014-2015 Fiscal Year, and an additional $450,000
in the 2015-2016 Fiscal Year. The Project's overall budget, and incurred expenditures,
is identified in Table 1 on the following page.
05
City Council Staff Report
December 16, 2015-- Page 6
Award CP14-02, Ramon Road Pavement Rehabilitation
Table of Project Costs Amount
STP Funding $395,729
Measure A Fund $501,000
Project Administration Expended to Date ($6,711)
Project Administration Estimated $5,000
Construction Management (Estimated) $25,000
Construction Contract $754,385
Construction Contingency $75,000
Remaining Balance $30,633
Table 1
Funds to encumber for award of the construction contract in the amount of $754,385
with Matich Corporation are available from the following accounts:
• Capital Project Account No. 261-4491-50322: $395,729
• Local Measure A Account No. 134-4498-50322: $358,656
SUBMITTED:
Prepared by: Approved by:
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Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Es
Assistant City Manager/City Engineer City Manager
Attachments:
1. Vicinity Map
2. Federal Funding Authorization (E-76)
3. Bid Summary
4. Construction Contract
5. CEQA — NOE
6. NEPA - CE
06
ATTACHMENT 1
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. Vicinity Map
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ATTACHMENT 2
"' AND I IMSINQ_AQtN4,Y
IINP,S�HI3S)
DEPARTMENT OF TRANSPORTATION
DIVISION OF PLANNING AND LOCAL ASSISTANCE
464 W.4TM STREET,6`^Floor,MS-760
SAN BERNARDINO,CA 92401-1400
11IIONE (909)383-4030 Flesymrpower!
FAX (909)383-5936 BeenerVeffrcieni'
'FIN 711
www.dol.c&gov/d i s18/
September 16,2015
08-RIV-0-PSP
STPLN-5282(043)
Marcus L. Fuller Pavement Rehabilitation
Director of Public Works/City Engineer Along Ramon Road from
City of Palm Springs 650' West of Sunrise Way to
3200 E.Tahquitz Canyon Way 700' East of Compadre Road
Palm Springs,CA 92262
Dear Mr. Fuller:
We have reviewed and processed your obligation submittal for the above-referenced project through Caltrans
Headquarters and the Federal Highway Administration(FH WA). 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 Verge]De Dios at(909)809-3944.
Sincerely,
Sean Yeung, P.E.
District Local Assistance Engineer
Attachment: E-76
c: Grace Alvarez,RCTC
Anna Alonso,Cahrans Construction Oversight Engineer
Savat Khamphou,City of Palm Springs
George Farago,City of Palm Springs
Page 1 of 1 - 10
AUTHORIZATION I AGREEMENT SUMMARY-(E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION
DLA LOCATOR: 08-RIV-0-PSP PROJECT LOCATION:
PREFIX: STPLN RAMON ROAD FROM 650 FEET WEST OF SUNRISE WAY TO 700 FEET EAST OF COMPADRE ROAD
PROJECT NO: 5282(043) TYPE OF WORK:
SEQ NO: 1 PAVEMENT REHABILITATION PREV AUTH 1 AGREE DATES:
STATE PROJ NO:0814000219L-N FED RR NO'S: PE:
AGENCY: PALM SPRINGS PUC CODES: R/W:
ROUTE: PROJ OVERSIGHT:DELEGATED/LOCAL ADMIN CON:
TIP DATA ENV STATUS I DT: DELEG TO STATE USC 3261SEC 6004 12111/2014 SPR:
MPO: SCAG RW STATUS/DT: 1 07/2312015 MCS:
FSTIP YR: 14/15 INVRTE 000000000000 OTH:
$TIP REF: 209-4000-4164 BEG MP: 0
DISASTER NO: END MP: 0
BRIDGE NO'S:
PROG CODE LINE NO IMPV TYPE FLING SYS URBAN AREA URB/RURAL DEMO ID
M23E 30 08 P MAP21 INDIO-CATHEDRAL CITY URBAN
M23E 31 17 P MAP211NDIO-CATHEDRAL CITY URBAN
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST AC COST
PREV.OBLIGATION $0.D0 $0.00 $0.00
PE THIS REQUEST $0.00 $0.00 $0.00
SUBTOTAL $0.00 $0.D0 $0.00
PREY.OBLIGATION $0.00 $0.00 $0.00
R/W THIS REQUEST $0.00 $0.00 $0.00
SUBTOTAL $0.00 $0.00 $0.00
PREV.OBLIGATION $0.00 $0.00 $0.00
CON THIS REQUEST $447,000.00 $395.729.00 $0.00
SUBTOTAL $447,000.00 $395,729.00 $0.00
TOTAL: $447,000.00 $395,729,00 $0.00
STATE REMARKS
OW712015 SEQ 1.This is a request for Construction and Construction Engineering funding using the Regional Surface Transportation Program funds for pavement rehabilitation or Ramon Road from West of Sunrise Way to
East of Compadre Road.The project is programmed for FY 14-15 in RCTCs lump sum listing RIV130402 in Amendment#4 approved on 4106/15 to SCAG's 2015 FTIP.The original NEPA decision approved on
1 2/1 112 0 1 4 was re-validated on 0 812 6/2 01 S. Maximum reimbursement ratio of 88.53%on a pro-rata basis.
08/27/2015 SEQ 1.Agreement End Date is on June 30,201&
09l08/2015 This is a request for construction and construction engineering funding for the rehabilitation and associated work of Ramon Road from approximately 650 feetwest of Sunrise Way to approximately 700 feet east of
Compadre Road in the City of Palm Springs using Regional Surface Transportation Program(RSTP)funds programmed for FY 14.15 in RCTC's FTIP ID RIV130402lump sum listing In Amendment#4 approved on
4/08/15 to SCAG's 2015 FTIP. The original NEPA decision approved on 12 I1114 was re-validated on 8126115. Federal funding is capped at$396,000 for construction with maximum reimbursement ratio of
88.53%. Reimburse with M23E RSTP funds at approximately 50.5%on a lump sum reimbursement basis up to the federal amount shown for construction and construction engineering.
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST:CON PREPARED IN FADS BY:VERGEL DE DIOS,ALBERTO ON 08/27/2015 80&3944
FOR:CONSTRUCTION&CENG. REVIEWED IN FADS BY: LOUIE,PATRICK ON 0910812015 653-7349
DOCUMENT TYPE:AAGR SUBMITTED IN FADS BY: LOUIE,PATRICK ON 0910912015 FOR CALTRANS
` PROCESSED IN FADS BY:FOGLE,JERILYNN ON 0 9/1 412 01 5 FOR FHWA
APPROVED IN FMIS BY:TASIA PAPAJOHN ON 09/1612015
r
rr
SIGNATURE HISTORY FOR PROJECT NUMBER 5282(043)AS OF 09118/2015
FHWA FMIS 4.0 SIGNATURE HISTORY
MOD k SIGNED BY SIGNED ON
0 JERILYNN FOGLE 0 911 5/201 5
ZYLKIA MARTIN-YAMBO 09/16/2015
TASIA PAPAJOHN 0 911 61201 5
FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AUTH/AGREE LOUIE,PATRICK 0910912015
hr
ATTACHMENT 3
13
RAMON ROAD PAVEMENT REHABILITATION
CITY PROJECT NO.14-02
BID SUMMARY Bid Opening:November 19,2015
RJS GENERAL
BID SCHEDULE A QUANT. UNIT CONSTRUCTION MATICH CORPORATION HARDY 8 HARPER,INC. ALL AMERICAN ASPHALT GRANITE CONSTRUCTION CO.
BID ITEM ITEM DESCRIPTION UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL UNIT PR. TOTAL
1 Mobilization 1 LS $15.000.00 $15,000.00 $100,500.00 $100,500.00 $38.000.00 $38,000.00 $38,000.00 $38.000.00 $40,000.00 $40,000.00
2 Temporary Traffic Control 1 LS $10.000.00 $10,000.00 $36,000.00 $36.000.00 $96.000.00 $96,000.00 $25,000.00 $25.000.00 $42,945.00 $42,945.00
3 Water P011utioh Control 1 LS $8,000.00 $8.000.00 $900.00 $900.00 $7,000.00 $7,000.00 $3,500.00 $3,500.00 $4,000.00 $4,000.00
4 Cold Mill Existing A.C.Pavement(Oeplh=2'7 322000 SF $0.22 $70,840.00 $0.25 $80,500.00 $0.17 $54,740.00 $0.28 $90,160.00 $0.35 $112,700.00
5 Asphah Concrete Type C2 Depth=2") 4000 TON $75.00 $300.000.00 $67.00 $268,000.00 $77.00 $308,00D.00 $92.00 $368,000.00 $110.00 $440,000.00
6 Remove and Reconstruct Existing Curb 230 CY $350.00 $80,500.00 $560.00 $128,800.00 $500.00 $115000.00 $525.00 $120,750.00 $100.00 $23.000.00
Ramps(Type A,Type B,or Type C)
7 Modify Median Pedestrian Crossing @ 1 LS $7.000.00 $7,000.00 $12,400.00 $12,400.00 $13,000.00 $13,000.00 $16,000.00 $16,000.00 $10,000.00 $10.000.00
Compadre Road per Exhibit B
8 Traffic Smping,Signage 8 Markings 1 LS $19.500.00 $19,500.00 $16,400.00 $16,400.00 $24.410.00 $24,410.00 $25,000.00 $25.000.00 $25,000.00 $25.000.00
9 TempoPadi prary ating) Traffic Control (Non- 1 LS $3000.00 E3,000.00 $6,100.00 $fi,100.00 $15000.00 $15,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00
Water Pollution Control
10 (Non-Participating) 1 LS $3500.00 $3,500.00 $350.00 $350.00 $1,000.00 $1,000.00 $900.00 $900.00 $1,000.00 $1.000.00
Cold Mill Existing A.C. Pavement(Depth=2-)
11 (Non-Participating) 52,000 BF $0.22 E71,440.00 $0.30 $75,800.00 $0.77 $8,840.00 $0.28 $14,560.00 §0.35 $18,200.00
12 Asphalt Concrete Type C2 (Depth-2") (Non- 630 TON $75.00 $47,250.00 $69.00 M3,470.00 $77.00 $48,510.00 $92.00 $57,960.00 $110.00 $69,300.00
Paniupating)
Remove and Reconstruct Existing Curb
13 Ramps(Type A, Type B, or Type C) (Non- 20 CY $350.00 $7,000.00 $740.00 $14,800.00 $500.00 $10,000.00 $525.00 $10,500.00 $100.00 $2,000.00
Parhppatmi
14 Install Type E Vehicle Detection Loop(Non- 9
EA
perforating) §600.00 $5,400.00 E385.00 E3,465.00 $500.00 $4,500.00 $390.00 $3,510.00 $375.00 E3,375.00
15 Traffic Striping, Signage 8 Markings (Non- 1 LS $3,000.00 $3,000.00 $2,100.00 $2,100.00 $8,000.00 $8,000.00 $3,000.00 $3,000.00 $5.000.00 $5.000.00
Participating)
16 Field Orders(Nonfadicipating) 1 LS $21,000.00 $25,000.00 $25,000.00 1 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00
TOTAL= $616,430.00 TOTAL= $754,385.00 TOTAL= $777.000.00 TOTAL= $806,840.00 TOTAL= $836,520.00
1 2 3 4 5
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ATTACHMENT 4
15
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 20_, by and between the City
of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by
virtue of the laws of the State of California, hereinafter designated as the City, and Matich
Corporation, a California Corporation, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City,
Contractor agrees to furnish all materials and perform all work required to complete the Work as
specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for
the Project entitled:
RAMON ROAD PAVEMENT REHABILITATION
CITY PROJECT NO. 14-02
FEDERAL AID PROJECT NO. STPLN-5282 (043)
The Work comprises cold-milling and overlay of Ramon Road generally located between Sunrise
Way and El Cielo Road, including: surveying and monument control (comer records), and
recording, preservation and resetting of existing survey monuments; cold-milling of existing
asphalt concrete pavement; asphalt concrete paving; adjustment of sewer manholes and water
valves to grade; removal and replacement of concrete curb ramps; installation of truncated
domes; traffic striping, signage and markings; replacement of inductive loop vehicle detectors; and
all other appurtenant work
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the
Notice to Proceed by the City, and the Work shall be fully completed within the time specified in
the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the
City will suffer financial loss if the Work is not completed within the time specified in Article 2,
herein, plus any extensions thereof allowed in accordance with applicable provisions of the
Standard Specifications, as modified herein. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the
Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the
Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall
pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that
expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor
acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein,
related to liquidated damages, and has made itself aware of the actual loss incurred by the City
due to the inability to complete the Work within the time specified in the Notice to Proceed.
RAMON ROAD PAVEMENT REHABILITATION 16
CITY PROJECT NO. 1402 AGREEMENT FORM-PAGE 1
SEPTEMBER 2015
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
$754,385,
Contractor agrees to receive and accept the prices set forth herein, as full compensation for
furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising out of the
nature of the Work during its progress or prior to its acceptance including those for well and
faithfully completing the Work and the whole thereof in the manner and time specified in the
Contract Documents; and, also including those arising from actions of the elements, unforeseen
difficulties or obstructions encountered in the prosecution of the Work, suspension of
discontinuance of the Work, and all other unknowns or risks of any description connected with
the Work.
ARTICLE 4-- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California Department of
Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Declaration, Equal
Employment Opportunity Certification, Debarment and Suspension Certification, Non-Lobbying
Certification for Federal-Aid Contracts, Disclosure of Lobbying Activities, Bid Security or Bid
Bond, Bidder's General Information, Exhibit 15G Local Agency Bidder DBE Commitment, Exhibit
15H DBE Information — Good Faith Efforts, Public Contract Code Section 10285.1 Statement,
Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232
Statement, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment
Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1
to 3 , inclusive, and all Change Orders and Work Change Directives which may be
delivered or issued after the Effective Date of the Agreement and are not attached hereto.
The Contract Documents shall also incorporate those certain Federal Requirements for Federal-
Aid Construction Projects (Form FHWA 1273), included in Exhibit "A" attached hereto and
made a part hereof.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the
City, the Contractor agrees to furnish all materials and perform all work required for the above
stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
RAMON ROAD PAVEMENT REHABILITATION
CITY PROJECT NO. 14-02
SEPTEMBER 2015 AGREEMENT FORM-PAGE 2
17
City hereby agrees to employ, and does hereby employ, Contractor to provide the materials,
complete the Work, and fulfill the obligations according to the terms and conditions herein
contained and referred to, for the Contract Price herein identified, and hereby contracts to pay
the same at the time, in the manner, and upon the conditions set forth in the Contract
Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor
Code requirements specified in the Contract Documents, including the requirement to furnish
electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor
Standards Enforcement), and shall pay the general prevailing rate of per diem wages as
determined by the Director of the Department of Industrial Relations of the State of California.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, it shall be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is intended, or
if delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the Notice.
ARTICLE 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents
from any claims, demands, or causes of action, including related expenses, attorney's fees, and
costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor
hereunder. This Article 8 incorporates the provisions of Section 7-15 'Indemnification," of the
Special Provisions, which are hereby referenced and made a part hereof.
ARTICLE 9 -- NON-DISCRIMINATION
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.
RAMON ROAD PAVEMENT REHABILITATION
CITY PROJECT NO. 14-02 AGREEMENT FORM-PAGE 3
SEPTEMBER 2015 is
ARTICLE 10 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special
Provisions will have the meanings indicated in said Standard Specifications and the Special
Provisions. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party sought
to be bound; and specifically, but without limitation, monies that may become due and monies
that are due may not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
RAMON ROAD PAVEMENT REHABILITATION
CITY PROJECT NO. 14-02 AGREEMENT FORM-PAGE 4
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19
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA CONTRACTOR
By By:
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.
RAMON ROAD PAVEMENT REHABILITATION 20
CITY PROJECT NO. 14-02 AGREEMENT FORM-PAGE 5
SEPTEMBER 2015
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
RAMON ROAD PAVEMENT REHABILITATION 21
CITY PROJECT NO. 14-02 AGREEMENT FORM-EXHIBIT"A"
SEPTEMBER 2015
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General The provisions of this section related to 23 CFR Part 230 are applicable
II. Nondiscrimination to all Federal-aid construction contracts and to all related construction
III. Nonsegregated Facilities subcontracts of$10,000 or more. The provisions of 23 CFR Part 230
IV. Davis-Bacon and Related Act Provisions are not applicable to material supply, engineering, or architectural
V. Contract Work Hours and Safety Standards Act Provisions service contracts.
VI. Subletting or Assigning the Contract
VII, Safety:Accident Prevention In addition, the contractor and all subcontractors must comply with the
VIII. False Statements Concerning Highway Projects following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
IX. Implementation of Clean Air Act and Federal Water Pollution 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
Control Act amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
X. Compliance with Governmentwide Suspension and Debarment amended,and related regulations including 49 CFR Parts 21,26 and 27:
Requirements and 23 CFR Parts 200,230,and 633.
XI. Certification Regarding Use of Contract Funds for Lobbying
The contractor and all subcontractors must comply with: the
ATTACHMENTS requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
for all construction contracts exceeding $10,000, the Standard Federal
A. Employment and Materials Preference for Appalachian Development Equal Employment Opportunity Construction Contract Specifications in
Highway System or Appalachian Local Access Road Contracts(included 41 CFR 60-4.3.
in Appalachian contracts only)
Note: The U.S. Department of Labor has exclusive authority to
I. GENERAL determine compliance with Executive Order 11246 and the policies of
the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.
1. Form FHWA-1273 must be physically incorporated in each The contracting agency and the FHWA have the authority and the
construction contract funded under Title 23 (excluding emergency responsibility to ensure compliance with Title 23 USC Section 140, the
contracts solely intended for debris removal). The contractor (or Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of
subcontractor) must insert this form in each subcontract and further the Civil Rights Act of 1964, as amended, and related regulations
require its inclusion in all lower tier subcontracts (excluding purchase including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230, and
orders, rental agreements and other agreements for supplies or 633.
services).
The following provision is adopted from 23 CFR 230, Appendix A,with
The applicable requirements of Form FHWA-1273 are incorporated by appropriate revisions to conform to the U.S. Department of Labor(US
reference for work done under any purchase order,rental agreement or DOL)and FHWA requirements.
agreement for other services. The prime contractor shall be responsible
for compliance by any subcontractor, lower-tier subcontractor or service 1. Equal Employment Opportunity: Equal employment opportunity
provider. (EEO)requirements not to discriminate and to take affirmative action to
assure equal opportunity as set forth under laws,executive orders,rules,
Form FHWA-1273 must be included in all Federal-aid design-build regulations(28 CFR 35, 29 CFR 1630,29 CFR 1625-1627, 41 CFR 60
contracts, in all subcontracts and in lower tier subcontracts (excluding and 49 CFR 27)and orders of the Secretary of Labor as modified by the
subcontracts for design services, purchase orders, rental agreements provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140
and other agreements for supplies or services). The design-builder shall shall constitute the EEO and specific affirmative action standards for the
be responsible for compliance by any subcontractor, lower-tier contractors project activities under this contract. The provisions of the
subcontractor or service provider. Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.)set
forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference
Contracting agencies may reference Form FHWA-1273 in bid proposal in this contract.In the execution of this contract,the contractor agrees to
or request for proposal documents, however, the Form FHWA-1273 comply with the following minimum specific requirement activities of
must be physically incorporated (not referenced) in all contracts, EEO:
subcontracts and lower-tier subcontracts (excluding purchase orders,
rental agreements and other agreements for supplies or services related a. The contractor will work with the contracting agency and the
to a construction contract). Federal Government to ensure that it has made every good faith effort to
provide equal opportunity with respect to all of its terms and conditions
2. Subject to the applicability criteria noted in the following sections, of employment and in their review of activities under the contract.
these contract provisions shall apply to all work performed on the
contract by the contractor's own organization and with the assistance of b. The contractor will accept as its operating policy the following
workers under the contractors immediate superintendence and to all statement
work performed on the contract by piecework, station work, or by
subcontract. "It is the policy of this Company to assure that applicants are
employed,and that employees are treated during employment,without
3. A breach of any of the stipulations contained in these Required regard to their race, religion, sex, color, national origin, age or
Contract Provisions may be sufficient grounds for withholding of disability. Such action shall include: employment, upgrading,
progress payments, withholding of final payment, termination of the demotion, or transfer; recruitment or recruitment advertising; layoff or
contract, suspension/debarment or any other action determined to be termination; rates of pay or other forms of compensation; and
appropriate bythe contracting agency and FHWA. selection for training, including apprenticeship, pre-apprenticeship,
and/or on-the-job training."
4. Selection of Labor: During the performance of this contract, the
contractor shall not use convict labor for any purpose within the limits of 2. EEO Officer:The contractor will designate and make known to the
a construction project on a Federal-aid highway unless it is labor contracting officers an EEO Officer who will have the responsibility for
performed by convicts who are on parole, supervised release, or and must be capable of effectively administering and promoting an
probation. The term Federal-aid highway does not include roadways active EEO program and who must be assigned adequate authority and
functionally classified as local roads or rural minor collectors. responsibility to do so.
It. NONDISCRIMINATION
RAMON ROAD PAVEMENT REHABILITATION 22
CITY PROJECT NO. 14-02 AGREEMENT FORM—EXHIBIT"A"
SEPTEMBER 2015 PAGE 2
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 substantially discriminatory wage practices.
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. The discrimination made to the contractor in connection with its
meetings will be conducted by the EEO Officer. obligations under this contract, will attempt to resolve such
complaints, and will 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 contractor's EEO obligations within thirty days such corrective action shall include such other persons. Upon
following their reporting for duly with the contractor. completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
c. All personnel who are engaged in direct recruitment for the project
will be instructed by the EEO Officer in the contractor's 6.Training and Promotion:
procedures for locating and hiring minorities and women.
a.The contractor will assist in locating,qualifying,and increasing the
d.Notices and posters setting forth the contractor's EEO policy will skills of minorities and women who are applicants for employment
be placed in areas readily accessible to employees,applicants for or current employees. Such efforts should be aimed at
employment and potential employees. developing full journey level status employees in the type of trade
orjob classification involved.
e.The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by b.Consistent with the contractor's work force requirements and as
means of meetings, employee handbooks, or other appropriate permissible under Federal and Stale 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 contractor's compliance with through a contractors association acting as agent, will include the
EEO contract provisions. Where implementation of such an procedures set forth below:
agreement has the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such a.The contractor will use good faith efforts to develop, in
implementation violates Federal nondiscrimination provisions. cooperation with the unions,joint training programs aimed toward
qualifying more minorities and women for membership in the
c. The contractor will encourage its present employees to refer unions and increasing the skills of minorities and women so that
minorities and women as applicants for employment. Information they may qualify for higher paying employment.
and procedures with regard to referring such applicants will be
discussed with employees. b.The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union will
5. Personnel Actions: Wages, working conditions, and employee be contractually bound to refer applicants without regard to their
benefits shall be established and administered, and personnel race,color,religion,sex,national origin,age or disability.
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without c. The contractor is to obtain information as to the referral practices
regard to race, color, religion, sex, national origin, age or disability. and policies of the labor union except that to the extent such
The following procedures shall be followed: information is within the exclusive possession of the labor union
and such labor union refuses to furnish such information to the
a.The contractor will conduct periodic inspections of project sites to contractor,the contractor shall so certify to the contracting agency
insure that working conditions and employee facilities do not and shall set forth what efforts have been made to obtain such
indicate discriminatory treatment of project site personnel. information.
RAMON ROAD PAVEMENT REHABILITATION 23
CITY PROJECT NO. 14-02 AGREEMENT FORM—EXHIBIT"A"
SEPTEMBER 2015 PAGE 9
d. In the event the union is unable to provide the contractor with a by the contract work. This information is to be reported on Form
reasonable flow of referrals within the time limit set forth in the FHWA-1391. The staffing data should represent the project work
collective bargaining agreement, the contractor will, through force on board in all or any part of the last payroll period
independent recruitment efforts, fill the employment vacancies preceding the end of July. If on-the-job training is being required
without regard to race, color, religion, sex, national origin, age or by special provision, the contractor will be required to collect and
disability; making full efforts to obtain qualified and/or qualifiable report training data. The employment data should reflect the work
minorities and women. The failure of a union to provide sufficient force on board during all or any part of the last payroll period
referrals(even though it is obligated to provide exclusive referrals preceding the end of July.
under the terms of a collective bargaining agreement) does not
relieve the contractor from the requirements of this paragraph. In Ill.NONSEGREGATED FACILITIES
the event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 11246, as This provision is applicable to all Federal-aid construction contracts
amended, and these special provisions, such contractor shall and to all related construction subcontracts of$10,000 or more.
immediately notify the contracting agency.
The contractor must ensure that facilities provided for employees are
8.Reasonable Accommodation for Applicants I Employees with provided in such a manner that segregation on the basis of race,
Disabilities: The contractor must be familiar with the requirements color, religion, sex, or national origin cannot result. The contractor
for and comply with the Americans with Disabilities Act and all rules may neither require such segregated use by written or oral policies
and regulations established there under. Employers must provide nor tolerate such use by employee custom. The contractors
reasonable accommodation in all employment activities unless to do obligation extends further to ensure that its employees are not
so would cause an undue hardship. assigned to perform their services at any location, under the
contractors control, where the facilities are segregated. The tens
9. Selection of Subcontractors, Procurement of Materials and "facilities"includes waiting rooms,work areas, restaurants and other
Leasing of Equipment:The contractor shall not discriminate on the eating areas,time clocks,restrooms,washrooms, locker rooms,and
grounds of race,color, religion, sex, national origin,age or disability other storage or dressing areas, parking lots, drinking fountains,
in the selection and retention of subcontractors, including recreation or entertainment areas, transportation, and housing
procurement of materials and leases of equipment. The contractor provided for employees. The contractor shall provide separate or
shall take all necessary and reasonable steps to ensure single-user restrooms and necessary dressing or sleeping areas to
nondiscrimination in the administration of this contract. assure privacy between sexes.
a.The contractor shall notify all potential subcontractors and IV. DAVIS-BACON AND RELATED ACT PROVISIONS
suppliers and lessors of their EEO obligations under this contract. This section is applicable to all Federal-aid construction projects
b.The contractor will use good faith efforts to ensure subcontractor exceeding $2,000 and to all related subcontracts and lower-tier
compliance with their EEO obligations. subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway that
10.Assurance Required by 49 CFR 26.13(b): is functionally classified as Federal-aid highway. This excludes
roadways functionally classified as local roads or rural minor
a.The requirements of 49 CFR Part 26 and the State DOT's U,S, collectors, which are exempt. Contracting agencies may elect to
DOT-approved DBE program are incorporated by reference. apply these requirements to other projects.
b.The contractor or subcontractor shall not discriminate on the basis The following provisions are from the U.S. Department of Labor
of race, color, national origin, or sex in the performance of this regulations in 29 CFR 5.5 "Contract provisions and related matters'
contract. The contractor shall carry out applicable requirements with minor revisions to conform to the FHWA-1273 format and
of 49 CFR Part 26 in the award and administration of DOT- FHWA program requirements.
assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may 1. Minimum wages
result in the termination of this contract or such other remedy as a.All laborers and mechanics employed or working upon the site of
the contracting agency deems appropriate. the work,will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any
11. Records and Reports: The contractor shall keep such records account (except such payroll deductions as are permitted by
as necessary to document compliance with the EEO requirements. regulations issued by the Secretary of Labor under the Copeland
Such records shall be retained for a period of three years following Act (29 CFR part 3)), the full amount of wages and bona fide
the date of the final payment to the contractor for all contract work fringe benefits (or cash equivalents thereof) due at time of
and shall be available at reasonable limes and places for inspection payment computed at rates not less than those contained in the
by authorized representatives of the contracting agency and the wage determination of the Secretary of Labor which is attached
FHWA. hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor
a.The records kept by the contractor shall document the following: and such laborers and mechanics.
(1)The number and work hours of minority and non-minority group Contributions made or costs reasonably anticipated for bona fide
members and women employed in each work classification on fringe benefits under section 1(b)(2) of the Davis-Bacon Act on
the project; behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics,subject to the provisions of paragraph 1.d. of
(2)The progress and efforts being made in cooperation with this section; also, regular contributions made or costs incurred for
unions,when applicable,to increase employment opportunities more than a weekly period (but not less often than quarterly)under
for minorities and women;and plans, funds, or programs which cover the particular weekly period,
are deemed to be constructively made or incurred during such
(3)The progress and efforts being made in locating, hiring, weekly period. Such laborers and mechanics shall be paid the
training,qualifying,and upgrading minorities and women; appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to
b.The contractors and subcontractors will submit an annual report skill,except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics
to the contracting agency each July for the duration of the project, performing work in more than one classification may be
indicating the number of minority,women,and non-minority group compensated at the rate specified for each classification for the time
employees currently engaged in each work classification required actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in
RAMON ROAD PAVEMENT REHABILITATION
CITY PROJECT NO. 14-02 AGREEMENT FORM—EXHIBIT"A"
SEPTEMBER 2015 PAGE 10
24
which work is performed. The wage determination (including any The contracting agency shall upon its own action or upon written
additional classification and wage rates conformed under paragraph request of an authorized representative of the Department of Labor,
1.b.of this section)and the Davis-Bacon poster(WH-1321)shall be withhold or cause to be withheld from the contractor under this
posted at all times by the contractor and its subcontractors at the contract, or any other Federal contract with the same prime
site of the work in a prominent and accessible place where it can be contractor, or any other federally-assisted contract subject to Davis-
easily seen by the workers. Bacon prevailing wage requirements, which is held by the same
b.(1)The contracting officer shall require that any class of laborers prime contractor,so much of the accrued payments or advances as
or mechanics, including helpers, which is not listed in the wage may be considered necessary to pay laborers and mechanics,
determination and which is to be employed under the contract including apprentices, trainees, and helpers, employed by the
shall be classified in conformance with the wage determination. contractor or any subcontractor the full amount of wages required by
The contracting officer shall approve an additional classification the contract. In the event of failure to pay any laborer or mechanic,
and wage rate and fringe benefits therefore only when the including any apprentice,trainee,or helper, employed or working on
following criteria have been met: the site of the work,all or part of the wages required by the contract,
the contracting agency may, after written notice to the contractor,
(i) The work to be performed by the classification requested is not 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(bX2XB) 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. Department 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the
of Labor, Washington, DC 20210. The Administrator, or an amount of any costs reasonably anticipated in providing benefits
authorized representative, will approve, modify, or disapprove under a plan or program described in section 1(bX2XB) of the
every additional classification action within 30 days of receipt and Davis-Bacon Act, the contractor shall maintain records which
so advise the contracting officer or will notify the contracting show that the commitment to provide such benefits is
officer within the 30-day period that additional time is necessary. enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to
(3) In the event the contractor, the laborers or mechanics to be the laborers or mechanics affected, and records which show the
employed in the classification or their representatives, and the costs anticipated or the actual cost incurred in providing such
contracting officer do not agree on the proposed classification and benefits. Contractors employing apprentices or trainees under
wage rate (including the amount designated for fringe benefits, approved programs shall maintain written evidence of the
where appropriate), the contracting officer shall refer the registration of apprenticeship programs and certification of trainee
questions, including the views of all interested parties and the programs, the registration of the apprentices and trainees, and
recommendation of the contracting officer,to the Wage and Hour the ratios and wage rates prescribed in the applicable programs.
Administrator for determination. The Wage and Hour b.(1)The contractor shall submit weekly for each week in which any
Administrator, or an authorized representative, will issue a contract work is performed a copy of all payrolls to the contracting
determination within 30 days of receipt and so advise the agency. The payrolls submitted shall set out accurately and
contracting officer or will notify the contracting officer within the completely all of the information required to be maintained under
30-day period that additional time is necessary. 29 CFR 5.5(a)(3Xi), except that full social security numbers and
home addresses shall not be included on weekly transmittals.
(4) The wage rate (including fringe benefits where appropriate) Instead the payrolls shall only need to include an individually
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this identifying number for each employee(e.g. ,the last four digits of
section, shall be paid to all workers performing work in the the employee's social security number). The required weekly
classification under this contract from the first day on which work payroll information may be submitted in any form desired.
is performed in the classification. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at
c.Whenever the minimum wage rate prescribed in the contract for a http://wwa.dol.gov/esa/whd/formstwh347instr.htm or its successor
class of laborers or mechanics includes a fringe benefit which is site. The prime contractor is responsible for the submission of
not expressed as an hourly rate, the contractor shall either pay copies of payrolls by all subcontractors. Contractors and
the benefit as stated in the wage determination or shall pay subcontractors shall maintain the full social security number and
another bona fide fringe benefit or an hourly cash equivalent current address of each covered worker, and shall provide them
thereof. upon request to the contracting agency for transmission to the
State DOT, the FHWA or the Wage and Hour Division of the
d. If the contractor does not make payments to a trustee or other Department of Labor for purposes of an investigation or audit of
third person,the contractor may consider as part of the wages of compliance with prevailing wage requirements. It is not a violation
any laborer or mechanic the amount of any costs reasonably of this section for a prime contractor to require a subcontractor to
anticipated in providing bona fide fringe benefits under a plan or provide addresses and social security numbers to the prime
program, Provided, That the Secretary of Labor has found, upon contractor for its own records, without weekly submission to the
the written request of the contractor,that the applicable standards contracting agency.
of the Davis-Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account (2) Each payroll submitted shall be accompanied by a"Statement
assets for the meeting of obligations under the plan or program. of Compliance," signed by the contractor or subcontractor or his
2. Withholding or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
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(i) That the payroll for the payroll period contains the contractors or subcontractor's registered program shall be
information required to be provided under §5.5 (a)(3)(ii) of observed.
Regulations, 29 CFR part 5, the appropriate information is
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 the fringe benefits listed on the wage determination for the applicable
full wages earned, other than permissible deductions as set classification. If the Administrator determines that a different practice
forth in Regulations,29 CFR part 3; 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 rash 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 a
the contractor or subcontractor to civil or criminal prosecution 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 subcontr cor 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 the wage determination. Trainees shall be paid fringe benefits in
contractor, the contracting agency or the State DOT, take such accordance with the provisions of the trainee program. If the trainee
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 program
Training Administration, Office of Apprenticeship Training, Employer shall be paid not less than the applicable wage rate on the wage
and Labor Services, or with a State Apprenticeship Agency determination forthework 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. employment
Equal
q p yment 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 to Order 11246,as amended,and 29 CFR part 30.
the contractor as to the enure work force under the registered
program.Any worker listed on a payroll at an apprentice wage rate, J.Apprentices and Trainees(programs of the U.S. DOT).
who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage Apprentices and tminees 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 j
less than the applicable wage rate on the wage determination for the of paragraph 4 of this Section IV. The straight time hourly wage
work actually performed. Where a contractor is performing rates for apprentices and trainees under such programs will be
construction on a project in a locality other than that in which its established by the particular programs. The ratio of apprentices and
program is registered, the ratios and wage rates (expressed in trainees to journeymen shall not be greater than permitted by the
percentages of the journeyman's hourly rate) specified in the terms of the particular program.
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S.Compliance with Copeland Act requirements. The contractor such individual was required or permitted to work in excess of the
shall comply with the requirements of 29 CFR part 3, which are standard workweek of forty hours without payment of the overtime
incorporated by reference in this contract. wages required by the clause set forth in paragraph (1.) of this
section.
6.Subcontracts. The contractor or subcontractor shall insert Form
FHWA-1273 in any subcontracts and also require the subcontractors 3. Withholding for unpaid wages and liquidated damages. The
to include Form FHWA-1273 in any lower tier subcontracts. The FHWA or the contacting agency shall upon its own action or upon
prime contractor shall be responsible for the compliance by any written request of an authorized representative of the Department of
subcontractor or lower tier subcontractor with all the contract clauses Labor withhold or cause to be withheld,from any moneys payable on
in 29 CFR 5.5. account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime
7. Contract termination: debarment. A breach of the contract contractor, or any other federally-assisted contract subject to the
clauses in 29 CFR 5.5 may be grounds for termination of the Contract Work Hours and Safety Standards Act,which is held by the
contract, and for debarment as a contractor and a subcontractor as same prime contractor, such sums as may be determined to be
provided in 29 CFR 5.12. necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided
8.Compliance with Davis-Bacon and Related Act requirements. in the clause set forth in paragraph(2.)of this 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 any
reference in this contract. subcontracts the clauses set forth in paragraph (1.)through (4.) of
this section and also a clause requiring the subcontractors to include
9. Disputes concerning labor standards. Disputes arising out of these clauses in any lower tier subcontracts. The prime contractor
the labor standards provisions of this contract shall not be subject to shall be responsible for compliance by any subcontractor or lower
the general disputes clause of this contract. Such disputes shall be tier subcontractor with the clauses set forth in paragraphs (1.)
resolved in accordance with the procedures of the Department of 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 it 1. The contractor shall perform with its own organization contract
(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
contractors 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-Bacon original contract price, excluding any specialty items designated
Act or 29 CFR 5.12(a)(1). by the contracting agency. Specialty items may be performed by
subcontract and the amount of any such specialty items
b.No part of this contract shall be subcontracted to any person or performed may be deducted from the total original contract price
firm ineligible for award of a Government contract by virtue of before computing the amount of work required to be performed by
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). the contractor's 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 to
Criminal Code,18 U.S.C. 1001, 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 Causes 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 employees
by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the may only be induced in this term if the prime contractor meets
terms laborers and mechanics include watchmen and guards. all of the following conditions:
1. Overtime requirements. No contractor or subcontractor (1) the prime contractor maintains control over the
contracting for any part of the contract work which may require or supervision of the day-to-day activities of the leased
involve the employment of laborers or mechanics shall require or employees;
permit any such laborer or mechanic in any workweek in which he or (2) the prime contractor remains responsible for the quality of
she is employed on such work to work in excess of forty hours in the work of the leased employees;
such workweek unless such laborer or mechanic receives (3) the prime contractor retains all power to accept Or exclude
compensation at a rate not less than one and one-half times the individual employees from work on the project;and
basic rate of pay for all hours worked in excess of forty hours in such (4) the prime contractor remains ultimately responsible for the
workweek. payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
2. Violation; liability for unpaid wages; liquidated damages. In other Federal regulatory requirements.
the event of any violation of the clause set forth in paragraph(1.)of
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 which paragraph (1) of Section VI is computed includes the cost of
RAMON ROAD PAVEMENT REHABILITATION
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material and manufactured products which are to be purchased or Federal-aid highway project (23 CFR 635) in one or more places
produced by the contractor under the contract provisions. where it is readily available to all persons concerned with the project:
3.The contractor shall furnish (a) a competent superintendent or 18 U.S.C. 1020 reads as follows:
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract "Whoever,being an officer, agent,or employee of the United States,
requirements, and is in charge of all construction operations or of any State or Territory, or whoever, whether a person,
(regardless of who performs the work) and (b)such other of its association, firm, or corporation, knowingly makes any false
own organizational resources (supervision, management, and statement, false representation, or false report as to the character,
engineering services) as the contracting officer determines is quality, quantity, or cost of the material used or to be used, or the
necessary to assure the performance of the contract. quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
4.No portion of the contract shall be sublet, assigned or otherwise specifications, contracts,or costs of construction on any highway or
disposed of except with the written consent of the contracting related project submitted for approval to the Secretary of
officer, or authorized representative, and such consent when Transportation;or
given shall not be construed to relieve the contractor of any
responsibility for the fulfillment of the contract. Written consent Whoever knowingly makes any false statement, false
will be given only after the contracting agency has assured that representation, false report or false claim with respect to the
each subcontract is evidenced in writing and that it contains all character, quality, quantity, or cost of any work performed or to be
pertinent provisions and requirements of the prime contract. performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved by
5.The 30% self-performance requirement of paragraph (1) is not the Secretary of Transportation;or
applicable to design-build contracts; however, contracting
agencies may establish their own self-performance requirements. Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
VII.SAFETY:ACCIDENT PREVENTION report submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and
This provision is applicable to all Federal-aid construction contracts supplemented;
and to all related subcontracts.
Shall be fined under this title or imprisoned not more than 5 years
1. In the performance of this contract the contractor shall comply or both."
with all applicable Federal,Stale,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 this deemed to have stipulated as follows:
contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in 1.That any person who is or will be utilized in the performance of
surroundings or under conditions which are unsanitary,hazardous this contract is not prohibited from receiving an award due to a
or dangerous to his/her health or safety, as determined under violation of Section 508 of the Clean Water Act or Section 306 of
construction safety and health standards (29 CFR 1926) the Clean Air Act.
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards Act 2.That the contractor agrees to include or cause to be included the
(40 U.S.C.3704). requirements of paragraph (1) of this Section X in every
subcontract, and further agrees to take such action as the
3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that contracting agency may direct as a means of enforcing such
the Secretary of Labor or authorized representative thereof, shall requirements.
have right of entry to any site of contract performance to inspect
or investigate the matter of compliance with the construction X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
safety and health standards and to carry out the duties of the INELIGIBILITY AND VOLUNTARY EXCLUSION
Secretary under Section 107 of the Contract Work Hours and
Safety Standards Act(40 U.S.C.3704). This provision is applicable to all Federal-aid construction contracts,
design-build contracts, subcontracts, lower-tier subcontracts,
Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS purchase orders, lease agreements, consultant contracts or any
other covered transaction requiring FHWA approval or that is
This provision is applicable to all Federal-aid construction contracts estimated to cost$25,000 or more— as defined in 2 CFR Parts 180
and to all related subcontracts. and 1200.
In order to assure high quality and durable construction in conformity 1.Instructions for Certffication—First Tier Participants:
with approved plans and specifications and a high degree of
reliability on statements and representations made by engineers, a.By signing and submitting this proposal, the prospective first tier
contractors,suppliers,and workers on Federal-aid highway projects, participant is providing the certification set out below.
it is essential that all persons concerned with the project perform
their functions as carefully, thoroughly, and honestly as possible. b.The inability of a person to provide the certification set out below
Willful falsification, distortion, or misrepresentation with respect to will not necessarily result in denial of participation in this covered
any facts related to the project is a violation of Federal law. To transaction. The prospective first tier participant shall submit an
prevent any misunderstanding regarding the seriousness of these explanation of why it cannot provide the certification set out
and similar acts, Form FHWA-1022 shall be posted on each below. The certification or explanation will be considered in
connection with the department or agency's determination
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whether to enter into this transaction. However, failure of the participation in this transaction, in addition to other remedies
prospective first tier participant to furnish a certification or an available to the Federal Government, the department or agency
explanation shall disqualify such a person from participation in may terminate this transaction for cause or default.
this transaction.
c. The certification in this clause is a material representation of fact 2. Certification Regarding Debarment, Suspension, Ineligibility
upon which reliance was placed when the contracting agency and Voluntary Exclusion—First Tier Participants:
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous a.The prospective first tier participant certifies to the best of its
certification,in addition to other remedies available to the Federal knowledge and belief,that it and its principals:
Government, the contracting agency may terminate this
transaction for muse 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 Participant (4) Have not within a three-year period preceding this
or other Lower Tier Participants (such as subcontractors and application/proposal had one or more public transactions
suppliers). (Federal,State or local)terminated for muse 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 certification addition to other remedies available to the Federal Government,
of a prospective participant in a lower fier covered transaction that the department, or agency with which this transaction originated
is not debarred, suspended, ineligible, or voluntarily excluded may pursue available remedies, including suspension and/or
from the covered transaction, unless it knows that the certification debarment.
is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to c. The prospective lower tier participant shall provide immediate
participate in covered transactions. To verify the eligibility of its written notice to the person to which this proposal is submitted if
principals, as well as the eligibility of any lower tier prospective at any time the prospective lower tier participant learns that its
participants, each participant may, but is not required to, check certification was erroneous by reason of changed circumstances.
the Excluded Parties List System website(ht(os:Uwww.eols.cov/),
which is compiled by the General Services Administration. d.The terms "covered transaction," "debarred," "suspended,"
"ineligible;' "participant;' "person," "principal;' and "voluntarily
I. Nothing contained in the foregoing shall be construed to require excluded,"as used in this clause,are defined in 2 CFR Parts 180
the establishment of a system of records in order to render in and 1200. You may contact the person to which this proposal is
good faith the certification required by this clause.The knowledge submitted for assistance in obtaining a copy of those regulations.
and information of the prospective participant is not required to "First Tier Covered Transactions" refers to any covered
exceed that which is normally possessed by a prudent person in transaction between a grantee or subgrantee of Federal funds
the ordinary course of business dealings. and a participant(such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction
j. Except for transactions authorized under paragraph (f) of these under a First Tier Covered Transaction (such as subcontracts).
instructions, if a participant in a covered transaction knowingly "First Tier Participant" refers to the participant who has entered
enters into a lower tier covered transaction with a person who is into a covered transaction with a grantee or subgrantee of Federal
suspended, debarred, ineligible, or voluntarily excluded from funds (such as the prime or general contractor). "Lower Tier
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Participant"refers any participant who has entered into a covered a. No Federal appropriated funds have been paid or will be
transaction with a First Tier Participant or other Lower Tier paid, by or on behalf of the undersigned, to any person for
Participants(such as subcontractors and suppliers). influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or
e.The prospective lower tier participant agrees by submitting this employee of Congress, or an employee of a Member of
proposal that, should the proposed covered transaction be Congress in connection with the awarding of any Federal
entered into, it shall not knowingly enter into any lower tier contract,the making of any Federal grant,the making of any
covered transaction with a person who is debarred, suspended, Federal loan, the entering into of any cooperative
declared ineligible, or voluntarily excluded from participation in agreement, and the extension, continuation, renewal,
this covered transaction, unless authorized by the department or amendment, or modification of any Federal contract, grant,
agency with which this transaction originated. loan,or cooperative agreement.
I. The prospective lower tier participant further agrees by submitting b. If any funds other than Federal appropriated funds have
this proposal that it will include this clause titled "Certification been paid or will be paid to any person for influencing or
Regarding Debarment, Suspension, Ineligibility and Voluntary attempting to influence an officer or employee of any Federal
Exclusion-Lower Tier Covered Transaction,"without modification, agency, a Member of Congress, an officer or employee of
in all lower tier covered transactions and in all solicitations for Congress, or an employee of a Member of Congress in
lower tier covered transactions exceeding the$25,000 threshold. connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
g.A participant in a covered transaction may rely upon a certification submit Standard Form-LLL, "Disclosure Form to Report
of a prospective participant in a lower tier covered transaction that Lobbying,"in accordance with its instructions.
is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction,unless it knows that the certification 2.This certification is a material representation of fad upon which
is erroneous. A participant is responsible for ensuring that its reliance was placed when this transaction was made or entered
principals are not suspended, debarred, or otherwise ineligible to into. Submission of this certification is a prerequisite for making
participate in covered transactions. To verify the eligibility of its or entering into this transaction imposed by 31 U.S.C. 1352. Any
principals, as well as the eligibility of any lower tier prospective person who fails to file the required certification shall be subject to
participants, each participant may, but is not required to, check a civil penalty of not less than $10,000 and not more than
the Excluded Parties List System website(httosJ/www.eols.cov/), $100,000 for each such failure.
which is compiled by the General Services Administration.
3.The prospective participant also agrees by submitting its bid or
h.Nothing contained in the foregoing shall be construed to require proposal that the participant shall require that the language of this
establishment of a system of records in order to render in good certifcation be included in all lower tier subcontracts, which
faith the certification required by this clause. The knowledge and exceed $100,000 and that all such recipients shall certify and
information of participant is not required to exceed that which is disclose accordingly.
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph a of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies,including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion—Lower Tier Participants:
1.The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts which exceed$100,000(49 CFR 20).
1.The prospective participant certifies, by signing and submitting
this bid or proposal,to the best of his or her knowledge and belief,
that:
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FEMALE AND MIONORITY GOALS
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984(10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic Area Goal-%
Redding CA: 6.8
174 Non-SMSA(Standard Metropolitan Statistical Area)Counties:
CA Lassen; CA Modoc; CA Plumas;CA Shasta;CA Siskiyou; CA Tehama
Eureka, CA 8
175 Non-SMSA Counties:
CA Del Norte; CA Humboldt;CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties: 28.9
7120 Salinas-Seaside-Monterey, CA
CA Monterey 25.6
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Mann;CA San Francisco; CA San Mateo
7400 San Jose, CA 19.6
176 CA Santa Clara, CA
7485 Santa Cruz, CA 14.9
CA Santa Cruz
7500 Santa Rosa 9.1
CA Sonoma
8720 Vallejo-Fairfield-Napa,CA 17.1
CA Napa; CA Solaro
Non-SMSA Counties: 23.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties: 16.1
177 6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo 14.3
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 26.1
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.
RAMON ROAD PAVEMENT REHABILITATION
CITY PROJECT NO. 14-02 AGREEMENT FORM-EXHIBIT"A"
SEPTEMBER 2015 PAGE 17
31
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
RAMON ROAD PAVEMENT REHABILITATION
CITY PROJECT NO. 14-02 AGREEMENT FORM-EXHIBIT"A"
SEPTEMBER 2015 PAGE 18
37
Obtain the State's approval for your training program before you start work involving the classification covered
by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in
lower level management positions such as office engineers, estimators, and timekeepers if the training is
oriented toward construction applications. Training is allowed in the laborer classification if significant and
meaningful training is provided and approved by the division office. Off-site training is allowed if the training is
an integral part of an approved training program and does not make up a significant part of the overall training.
The City of Palm Springs reimburses you 80 cents per hour of training given an employee on this contract
under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at
least one of the following:
• Contribute to the cost of the training
• Provide the instruction to the apprentice or trainee
• Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or
trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee:
1. Copy of the program you will comply with in providing the training
2. Certification showing the type and length of training satisfactorily completed
RAMON ROAD PAVEMENT REHABILITATION 33
CITY PROJECT NO. 14-02 AGREEMENT FORM-EXHIBIT"A'
SEPTEMBER 2015 PAGE 19
TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest
(hereinafter collectively referred to as CONTRACTOR) agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall
not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the
selection and retention of sub-applicants, including procurements of materials and leases of equipment.
CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the agreement covers a program set forth in
Appendix B of the Regulations.
(3) Solicitations for Sub-agreements. Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a
Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant
or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement
and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the California Department of
Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONTRACTOR is in the exclusive possession of another who fails or
refuses to furnish this information, CONTRACTOR shall so certify to the California Department of
Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to
obtain the information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination
provisions of this agreement, the California Department of Transportation shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to
exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in
every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California
Department of Transportation or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is
threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may
request the California Department of Transportation enter into such litigation to protect the interests of the
State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the
interests of the United States.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION
* * * END OF EXHIBIT "A" * * *
RAMON ROAD PAVEMENT REHABILITATION 34
CITY PROJECT NO. 14-02 AGREEMENT FORM-EXHIBIT"A"
SEPTEMBER 2015 PAGE20
ATTACHMENT 5
35
NOTICE OF EXEMPTION
To: ❑ Office of Planning and Research From: City of Palm Springs
1400 Tenth Street, Room 121 3200 E.Tahquitz Canyon Way
Sacramento, CA 95814 Palm Springs, CA 92262
® Clerk of the Board
County of Riverside
P.O. Box 751
Riverside,CA 92502-0751
Project Title: Ramon Road Pavement Rehabilitation,City Proiect No. 14-02
Project Applicant: City of Palm Springs
Project Location (Specific): Ramon Road from Sunrise to Compadre
Project Location(City): City of Palm Springs Project Location(County): Riv r i
Project Description: The scope of work consists of cold milling existing asphalt concrete (AC) pavement; installation of AC in
designated pavement cracks; construction of asphalt concrete overlay; removal and reconstruction of AC pavement; installation
of inductive loop vehicle detectors; removal, reconstruction, and upgrade of ADA curb ramps; traffic striping and markings and
all other appurtenant work.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Our Project:City of Palm Springs, Public Works& Engineering Department
F I L E D / P O S T E D
Exempt Status: (check one) county of Riverside
Peter Rldana
❑ Ministerial(Sec. 21080(b) (1); 15268); Assessor-County Clerk-Recorder
g E-201 009i2
El Declared Emergency (Sec. 21080(b)(3) 152fi9(a)); 05/21
/2015 e1:01 PM F.e: g 5 .ee
❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); Page t of 1
eg p type and section number: 15301 (c) xa Z Z0�5 a oeo v
® Categorical Exemption. State III jiJ(_'��`�{j`y■rr` I� �!�yy'tl II
❑ Statutory Exemptions.State code number. ���S��ii
Reasons why project is exempt: The Project consists of the repair and maintenance of existing City streets, involving negligible
or no expansion of use beyond that existing at the time of the City's determination. Therefore, the Project is considered
Categorically Exempt from CEOA pursuant to Section 153010 of the CEGA Guidelines.
Lead Agency Contact Person: Savat Khamohou. P.E. Area Codelrelephone/Extension: (760) 323-8744.ext. 8744
If filed by applicant:
1.Attach certify ent o 'emption finding.
2.Has a Noti of ptl n filed by the public agency approving the project? ❑Yes ❑ No
Signature: f Date: Title: Asst. Director of Public Works/Asst City Enaineer
® Signed by Lead Agency❑Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code Date received for filing at OPR:
Reference: Sections 21108, 21152,and 21152.1, Public Resources Code.
36
ATTACHMENT 6
37
CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM
08/111'V/Palm Springs STPLN 5282(043)
Dist.-Co,-Rte. or Local Agency) P.M./P.M. EA/Pro'ect No. Federal-Aid Project No. Local Project)/Project No.
PROJECT DESCRIPTION: (Briefly describe project including need,purpose,location,limits,right-of-way requirements,and
activities involved in this box.Use Continuation Sheet,ifnecessa .
The local agency proposes work consist of milling of existing asphalt concrete pavement; installation of AC
in designated pavement cracks;construction of asphalt concrete overlay; removal and reconstruction of AC
pavement; installation of inductive loop vehicle detectors; removal,reconstruction,and upgrade of ADA
curb ramps; traffic stripping and markings and all other appurtenant work. The project limits are on Ramon
Road within the existing right-of-way from 670' west of Sunrise Way to 700'east of Compadre Road.
CEQA COMPLIANCE (for state Pro/ects only)
Based on an examination of this proposal and supporting information,the following statements are true and exceptions do not apply
(See 14 GCR 15300 et seq.):
• If this project falls within exempt class 3,4,5,5 or 11,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 time.
• 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 Govt Code§65962.5('Cortese List).
• 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 at 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 possibility that the activity may have a significant effect on the environment(CCR 15061[b](3].)
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 771.117,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 determination
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)(26)
❑23 CFR 771.117(d):activity(d)(_)
Cl 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 Burton yrr Sean Yeung
Print Name:Environ tal Bl Print Name:Pro' Manager/DLA Engineer
;t- is-ro-iy 1a 11 JL
Signature Date Signature D e
Date of Categorical Exclusion Checklist completion: 12r10/14 Date of ECR or equivalent; 12/10/14
Briefly list environmental commitments on continuation sheet. Reference additional information,as appropriate(e.g.,CE checklist,
additional studies and design conditions).
February 12,2014
Page I of 2
38
CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM
Continuation Sheet
08/RIV/Palm Springs STPLN 5282(043)
Dist.-Co.-Rte. or Local Agency) P.M./P.M. E.A/Pro'ect No. Federal-Aid Project No. Local Pr 'ect Project No.
Continued from page 1:
Project Description:
The local agency proposes work consist of milling of existing asphalt concrete pavement installation of AC in designated pavement
cracks;construction of asphalt concrete overlay;removal and reconstruction of AC pavement;installation of inductive loop vehicle
detectors;removal,reconstruction,and upgrade of ADA curb ramps;traffic stripping and markings and all other appurtenant work. The
project limits are on Ramon Road within the existing right-of-way from 670'west of Sunrise Way to 700'east of Compadre Road.
Permits:
NPDES
February 12,2014
Page 2 of 2
39