HomeMy WebLinkAbout2/4/2015 - STAFF REPORTS - 2.I. FPALMS^
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4"PoltN� City Council Staff Regort
DATE: February 4, 2015 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO POWELL
CONSTRUCTORS, INC., A CALIFORNIA CORPORATION, IN THE
AMOUNT OF $2,487,990, AND APPROVE AMENDMENT NO. 2 TO THE
CONTRACT SERVICES AGREEMENT WITH DOKKEN ENGINEERING
IN THE AMOUNT OF $100,000 FOR CONSTRUCTION AND
ENVIRONMENTAL SUPPORT SERVICES FOR THE BOGERT TRAIL
BRIDGE REHABILITATION PROJECT, CITY PROJECT NO. 07-03,
FEDERAL AID PROJECT NO. BHLS 5282 (026)
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 Bogert Trail
Bridge Rehabilitation Project, City Project No. 07-03. An amendment to the
professional services agreement with Dokken Engineering is recommended to include
certain construction engineering and environmental support services.
RECOMMENDATION:
1. Dismiss the bid protest submitted by MCM Construction, Inc., dated January 21
2015;
2. Waive any informality (non-responsiveness), and award a construction contract
(Agreement No. ) to Powell Constructors, Inc., a California corporation, in the
amount of $2,487,990 for the Bogert Trail Bridge Rehabilitation Project, City Project
No. 07-03, Federal Aid Project No. BHLS 5282 (026); and
3. Approve Amendment No. 2 to Agreement No. 5580 with Dokken Engineering, in the
amount of $100,000, for a total contract amount of $718,985 for the Bogert Trail
Bridge Rehabilitation Project, City Project No. 07-03, Federal Aid Project No. BHLS
5282 (026); and
'TEM NO.
City Council Staff Report
February 4, 2015-- Page 2
Award Bogert Trail Bridge Rehabilitation Project(CP 07-03)
4. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of 10% of the contract amount ($248,799); and
5. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
In 2005 the Public Works and Engineering Department applied to the California
Department of Transportation ("Caltrans") for federal Highway Bridge Program (HBP)
funding to widen and retrofit the existing Bogert Trail bridge over the Palm Canyon
Wash. Caltrans approved the City's federal HBP grant request, and awarded the City
federal funding for this project. With an estimated total cost of $4.9 Million, the HBP will
provide the project with 88.53% funding — or over $4.3 Million. All federal highway
funds, including HBP funds, are ultimately administered by Caltrans after they are
allocated to local agencies.
On November 14, 2007, the City Council approved an agreement with Dokken
Engineering, in the amount of $610,545 for environmental and civil design services for
the Bogert Trail Bridge Rehabilitation Project (City Project 07-03), Federal Aid Project
No. BHLS 5282 (026), (the "Project"). Later, on May 25, 2010, staff administratively
approved Amendment No. 1 in the amount of $8,440 to the agreement with Dokken
Engineering for bridge aesthetic design services.
The City's consultant, Dokken Engineering, previously completed the environmental
studies, construction plans, specifications, and estimates. The Project comprises the
rehabilitation and minor widening of the existing Bogert Trail Bridge over the Palm
Canyon Wash (Bridge No. 56C-0311), including minor roadway approach
improvements, and all appurtenant work. The Project will retrofit and repair the existing
bridge, and widen the bridge deck width to match the existing roadway width on both
sides of the bridge, including the addition of new sidewalks and accommodating for
future bike lanes.
On May 5, 2010, the City Council approved the bridge aesthetic design concept for the
Project. The approved bridge aesthetic design pays respect to former Mayor Frank
Bogert, and includes Western imagery found in the tooled leather of saddles and boots
and the elaborate engraving on spurs, rowels and bits. Within the bridge parapet, form
liners will be used to create patterns in the concrete that resemble tooled leather.
Engraved metal medallions are included to accent the tooled concrete. Both the
exterior bridge girder and railing will be enhanced through color. The form of the
abutment wing walls will be a stepped face wall that mimics the shape, form, and
pattern of spurs with leather tooling. Color stains that emulate leather patterns found on
Western saddles are included to enhance the pier walls.
02
City Council Staff Report
February 4, 2015-- Page 3
Award Bogert Trail Bridge Rehabilitation Project(CP 07-03)
The approved aesthetic design concept included the following:
• Decorative, tooled parapet with colored pattern and cut metal applique within the
exterior bridge barriers
• Decorative, tooled parapet with colored pattern within the interior bridge barriers
• Stained and painted tubular steel hand rail
• Decorative stamped and colored concrete sidewalks
• Decorative formed concrete relief at bridge abutments with cut metal applique
• Decorative stained pattern on bridge pier walls underneath the bridge within the
Palm Canyon Wash
On September 16, 2014, the Public Works and Engineering Department received
authorization from Caltrans to proceed with construction of the Project, and on
November 5, 2014, the City Council approved the plans, specifications, and estimates
and authorized staff to proceed with bidding.
ANALYSIS:
On November 15 and 22, 2014, the Project was advertised for bids, and at 3:00 p.m. on
January 8, 2015, the Procurement and Contracting Division received 8 construction bids
from the following contractors:
Company Location Bid Amount
Powell Constructors, Inc. Fontana, CA $2,487,990.00
MCM Construction, Inc. North Highlands, CA $2,853,830.00
Los Angeles Engineering, Inc. Covina, CA $2,859,676.00
Peterson-Chase General Engineering Irvine, CA $3,036,932.00
Construction, Inc.
Future DB International, Inc. Irvine, CA $3,141,711.31
West Coast Structures, Inc. Riverside, CA $3,157,025.61
dba Western Structures
KEC Engineering Corona, CA $3,404,808.00
Fata Construction & Development Riverside, CA $3,793,903.44
Dokken Engineering's final construction estimate was $3,200,000. A full bid summary is
included as Attachment 1.
MCM Construction Bid Protest
On January 21, 2015, the City received a bid protest from MCM Construction (the
second lowest bidder) requesting that the City determine the bid submitted by Powell
Constructors was non-responsive, and to award a contract to MCM Construction as the
lowest, responsive bidder. The bid protest was received 6 working days after the bid
opening; Section 7.08.030, "Bid Protests," of the Palm Springs Municipal Code (PSMC)
requires that bid protests be received within 5 working days of bid opening — therefore
03
City Council Staff Report
February 4, 2015-- Page 4
Award Bogert Trail Bridge Rehabilitation Project(CP 07-03)
the bid protest was not timely filed in accordance with the PSMC. A copy of MCM
Construction's bid protest is included as Attachment 2.
However, despite the fact that the bid protest was not timely filed, staff reviewed it with
the City Attorney; MCM Construction's arguments for a finding of non-responsiveness of
Powell Constructors' bid relate to three issues:
1. Powell Constructors failed to provide license numbers of their listed subcontractors
2. Powell Constructors failed to identify the percentage of work to be self-performed
3. Powell Constructors listed only 8 subcontractors on the Subcontractor List Form
(Part 11) and is incomplete
Staff evaluated the bid protest, and a determination was made that the protest against
Powell Constructors' bid was without merit on the basis that:
1. The City acknowledges that Powell Constructors failed to provide the license
numbers of their listed subcontractors, and acknowledges that this requirement was
imposed effective July 1, 2014, through amendment of Public Contract Code
§4104(a)(1). However, the City failed to identify the new requirement to list the
license numbers in its Subcontractors List Form (Part 1) included in the bid
documents for the Project. It should also be noted that all of the bidders, with the
exception of MCM Construction, failed to list subcontractor license numbers on the
Subcontractors List Form (Part 1) given the City's use of this outdated form in its bid
documents. Through the Contractor's State Licensing Board's website the City has
verified that the three subcontractors listed by Powell Constructors have current and
valid contractor's licenses. Therefore, the failure of Powell Constructors to list
subcontractor license numbers is a direct result of the City's use of an outdated bid
form, and is considered a minor technical error or variance that does not affect the
amount of the bid or give Powell Constructors an advantage or benefit not allowed
other bidders.
2. The City acknowledges that Powell Constructors failed to identify the percentage of
work to be self-performed. However, from the information available on the
Subcontractor List Form (Part 1), the City can determine that Powell Constructors
has listed three subcontractors performing a maximum of $530,630.76 of work
representing 21.3% of the total work; therefore, Powell Constructors will self-perform
78.7% of the work which exceeds the minimum of 50% in conformance with, and
responsive to, the requirements identified in the bid documents. It should also be
noted that 5 of the 8 bidders failed to identify the total percentage of work to be self-
performed. As a result, the failure of Powell Constructors to identify the percentage
of work to be self-performed is considered a minor technical error or variance that
does not affect the amount of the bid or give Powell Constructors an advantage or
benefit not allowed other bidders.
3. The argument that the Subcontractor List Form (Part 11) is incomplete is purely
speculative and has no basis in fact. Regardless, the information provided on the
Subcontractor List Form (Part 11) is intended to determine the universe of DBE and
non-DBE contractors and subcontractors who seek work on Federally-assisted
contracts for use in setting overall DBE goals, in accordance with Title 49, Part 26 of
04
City Council Staff Report
February 4, 2015-- Page 5
Award Bogert Trail Bridge Rehabilitation Project(CP 07-03)
the Code of Federal Regulations. Although the City requests a full and complete list
of subcontractors who provided a quote but were not selected to participate in the
contract, the completeness of the list does not affect the amount of the bid or give
one bidder an advantage or benefit not allowed other bidders.
Staff confirmed its evaluation with the City Attorney, and MCM Construction was
advised of the City's final evaluation of its bid protest by letter dated January 23, 2015,
included as Attachment 3.
On all advertisements for bids, the City issues a disclosure under Section N-3 "Award of
Contract," in its Notice Inviting Bids declaring that:
The City reserves the right after opening bids to reject any or all bids, to waive any
informality (non-responsiveness) in a bid, or to make award to the lowest responsive,
responsive bidder.... 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 dismisses the bid protest submitted by MCM
Construction, staff recommends that the City Council waive any informality (non-
responsiveness) in the bid submitted by Powell Constructors, and determine that Powell
Constructors of Fontana, California, submitted the lowest responsive bid. Staff
reviewed the bid, references, and contractor's licenses, and found Powell Constructors
to be properly licensed and qualified. A construction contract with Powell Constructors
for the Project is included as Attachment 4.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley; submission of good
faith efforts is required. However, Section 7.09.030 does not apply to projects that
receive state or federal funding which preclude the application of local preferences.
City Council Approval of Contingency Funds
Given the size and scope of the Project, staff recommends that the City Council
delegate authority to the City Manager to approve and execute construction contract
change orders up to a cumulative amount of 10% of the contract amount equivalent to
$248,799. The Assistant City Manager/City Engineer will carefully evaluate any
additional or extra work claims presented by Powell Constructors, Inc., and if valid,
submit to the City Manager for his approval. In this way, work can proceed
uninterrupted as the City Manager and Assistant City Manager/City Engineer
administratively process construction contract change orders up to the authority
specifically delegated herein by the City Council.
05
City Council Staff Report
February 4, 2015 -- Page 6
Award Bogert Trail Bridge Rehabilitation Project(CP 07-03)
Construction Engineering Support and Environmental Monitoring
Staff recommends approval of Amendment No. 2 to the agreement with Dokken
Engineering to incorporate environmental and construction engineering support
services, in the amount not to exceed $100,000. A copy of the amendment with Dokken
Engineering is included as Attachment 5.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
include the restoration or rehabilitation of deteriorated or damaged structures to current
standards of public health and safety. Therefore, the Project is considered categorically
exempt from CEQA. On the basis that the Project qualifies for a categorical exemption
under CEQA, staff prepared and filed a CEQA Notice of Exemption on December 1,
2009; a copy of the CEQA Notice of Exemption is included as Attachment 6.
On October 1, 2009, 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 Section 6004 of 23 CFR 771.117(b). On
the basis of this determination under federal delegation pursuant to Chapter 3 of Title
23, United States Code, Section 326 and a Memorandum of Understanding ("MOU")
dated June 7, 2007, executed between the Federal Highway Administration ("FHWA")
and the state of California, Caltrans has determined that the Project qualifies for a
Categorical Exclusion in accordance with 23 CFR 771.117(d) pursuant to activity (d)(3).
On June 28, 2011, an environmental Re-Validation was issued to include additional
mitigation measures for the Casey's June beetle. On March 14, 2013, an administrative
environmental Re-Validation was approved by Caltrans. Copies of the NEPA
Categorical Exclusion and environmental Re-Validation forms are included as
Attachment 7.
06
City Council Staff Report
February 4, 2015 -- Page 7
Award Bogert Trail Bridge Rehabilitation Project(CP 07-03)
FISCAL IMPACT:
The City has received a federal HBP grant of $4,447,693 for the Project, with $655,786
allocated to the design phase, $119,516 allocated to the right of way phase for the
conservation easement, and $3,672,391 for the construction phase. Previously, the
City budgeted $446,614 from Fund 134 (Measure A Improvements) for the Project. The
Project's overall budget, and incurred expenditures, are identified in Table 1:
Table of Project Costs Amount
HBP Federal Aid Grant $4,447,693
Measure A Fund Prior Year Allocation $446,614
Design Services ($618,985
Project Administration (through 1/15/15 $44,200
Project Administration (Estimated) $30,000
Right of Way $151,780
Construction Engineering & Administration $584,102
Construction Contract $2,487,990
Construction Contingency $248,799
Remaining Balance $728,451
Table 1
The Project has not, and will not, require any General Fund (Fund 001) or Measure J
Fund (Fund 260) budget. The Project has been entirely funded with federal HBP grant
funds and Local Measure A (Fund 134) funds.
Funds to encumber for award of the construction contract in the amount of $2,487,990
with Powell Constructors, Inc., are available from the following accounts:
• 261-4491-50244; $2,202,617.55 (88.53%)
• 134-4498-50244; $285,372.45 (11.47%)
Funds to encumber for approval of Amendment No. 2 contract services agreement with
Dokken Engineering in the amount of $100,000 are available from the following
account:
• 261-4491-50244; $88,530 (88.53%)
• 134-4498-50244; $11,470 (11.47%)
Sufficient funds remain available in the Measure A account 1344498-50244 and the
Capital Projects account 261-4491-50244 to facilitate the City Council's delegation of
authority to the City Manager to approve and execute construction contract change
orders up to a cumulative amount of 10% of the contract amount equivalent to
$248,799.
07
City Council Staff Report
February 4, 2015-- Page 8
Award Bogert Trail Bridge Rehabilitation Project(CP 07-03)
SUBMITTED
Prepared by:
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Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
Approved by:
David H. Ready, Es
City Manager
Attachments:
1. Bid Summary
2. MCM Construction Bid Protest letter dated January 21, 2015
3. City Response Letter dated January 23, 2015, to MCM Construction Bid Protest
4. Construction Contract
5. Amendment No. 2 to Agreement 5580
6. CEQA Notice of Exemption
7. NEPA and Re-Validations: Categorical Exclusion
08
Attachment 1
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Attachment 2
11
01/21/2015 00:34 9153340562 MCM CONST INC PAGE 01/02
Main Office
P.O. BOX 620 16413 32nd Street/ North Highlands I CA 95660
(916) 334-1221 Estimating/ Engineering FAX(916) $34-0662
Accounting FAX (916) 334-8355
Southern California Regional Office
MCM CONSTRUCTION, II�C. RO. BOX 867/ 1 9010 Slover Ave. I Bloomington/CA 92316
(909)875-0533 Engineering I Accounting FAX(909) 875-2243
9ERaNILENGINEEAIRa GNNTNA TTaflS
aAGFiAMENTO,CA
Via Facsimile(750)322-8325
And USPS Certified Mail 0 7014 2120 0001 8970 3067
January 21,2015
City Of Palm Springs
Public Works And Engincering Department
3200 East Tahquitz Canyon Way
Palm Springs CA 92262
Attn:David Barakian,Public Works Director
Re: City Project No.07-03
Bogert Trail Bridge Rehabilitation, CA
BID PROTEST
Gentlemen:
Please consider this letter to be a formal protest of the bid submitted by Powell Constructors,Inc.the
apparent low bidder in connection with City Project No. 07-03,Bogert Trail Bridge Rehabilitation,
MCM Construction,Inc. is currently the second lowest bidder.
LTSTED SUBCONTRACTOR'S LICENSE NUMBERS OMITTED
Powell failed to provide the license numbers of their listed subcontractors. Effective.July 1,2014,Public
Contract Code Section 4104 requires the prime bidder set forth"the California contractor license number
of each subcontractor who will perform work....to the prime contractor...in an amount in excess of one-
half of one percent of the prime contractor's bid". [Public Contract Code§4104(a)(1))
INCOMPLETE SUBCONTRACTOR LISTING RORM MAR!�1
The Subcontractor List Form(Part J)required the bidder to fill,in the blank identifying the percentage of
work to be performed by the prime contractor. Powell's bid does not provide the requested information
since Powell left it blank. The City cannot determine from the face of the bid the percentage of work to
be subcontracted to both Powell's listed subcontractors performing more than 0.5 percent plus the
unlisted subcontractors performing less than 0.5 percent. Consequently,Powell's bid is nonresponsive.
I
AN EQUAL OPPORTUNITY EMPLOYER I STATE CONTRACTORS LIC. NO. 280490 12
01/21/2015 00:34 9163340562 MCM CONST INC PAGE 02/02
Pagc Two
David Baraldan,Public Works Director
Palm Springs,Public Works And Engineering Department
January 21,2015
Re: Bid Protest
City Project No.07-03
IN OMPLETE SUBCONTRACTOR LIST FORM(PART 11)
I,
Powell listed only S subcontractors from whom they received a quotation,but which were not selected to
participate in the contract. Clearly,as evidenced by the other bidders'Part H forms,Powell did not
provide all of the required information.
For all the reasons stated above,the City should find Powell's bid nonresponsive and award City Project
No.07-03 to MCM Constriction,Inc,the lowest responsive bidder.
Please contact the undersigned,should you have any questions or comments.
Sincerely,
I
MCM CONSTRUCTION,INC.
Edmundo A.Puchi
Crencral Counsel &Treasurer
/rm
Enclosure
Cc: JAC,HDM,JRC,RM
Hid File
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13
Attachment 3
14
Lill
City of Palm Springs
Office of the City Manager
3200 East Tahquitz Canyon Way• Palm Springs,California 92262
r�41FORN Tel:(760)322-8380• Fax: (760) 323-8207• Web:www,palmspringsca.gov
January 23, 2015 Via Facsimile: (916) 334-0562
Via Certified Mail
Mr. Edmundo A. Puchi
General Counsel &Treasurer
MCM Construction, Inc.
6413 32nd Street
North Highlands, CA 95660
RE: Bogert Trail Bridge Rehabilitation, City Project 07-03, Federal Aid Project BHLS 5282(026)
Bid Protest Letter dated January 21, 2015
Dear Mr. Puchi,
The City of Palm Springs has reviewed your January 21, 2015, bid protest requesting that the City
determine the bid submitted by Powell Constructors, Inc., ("Powell") for the Bogert Trail Bridge
Rehabilitation, City Project 07-03, Federal Aid Project BHLS 5282(026), (the "Project"), was non-
responsive and subject to rejection, and to award to MCM Construction, Inc., ("MCM") as the next
lowest, responsive bidder. Your bid protest was received January 21, 2015, which is 6 business days
after the bid opening for the Project held on January 8, 20151. Section 7.08.030 "Bid Protests" of the
Palm Springs Municipal Code establishes the requirements for timely filing of bid protests, and states:
7.08.030 Bid protests.
(1) Right to Protest.
Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the
solicitation or award of a contract may submit a formal protest to the city manager or his designee
requesting an appeal to the city council in accordance with Chapter 2.05 of the municipal code. A
protest with respect to an invitation for bids or request for proposals shall be submitted in writing
within five business days following the day of opening of bids or closing date of proposals.
(2 Stay of Procurement During Protests.
In the event of a timely protest under subsection (1) of this section, the director of procurement
and contracting shall not proceed further with the award of the contract until the appeal is decided.
Section 2,05.030 "Filing of Appeal" of the Palm Springs Municipal Code outlines the requirements for
filing an appeal, or bid protest as allowed by Section 7.08.030, and states:
1 The City does not consider Friday a business day given its Monday-Thursday ("4-10') business
schedule; a total of 13 calendar days lapsed between the bid opening date and receipt of the bid
protest letter. 15
Edmundo A. Puchi
January 23, 2015
Page 2
2.05.030 Filing of appeal.
A person aggrieved by an action taken by an administrative officer or administrative agency of
the city may appeal the action to the city council, if the action is made appealable by applicable
provision of the Palm Springs Municipal Code or other city ordinance, by filing with the city clerk a
written notice of appeal which sets forth the appellants full name and mailing address, the specific
action appealed from, the grounds for the appeal and the relief sought, and paying to the city clerk
such fee as the city council may establish by resolution.
Therefore, in accordance with Section 7.08.030, the bid protest submitted by MCM on January 21,
2015, was not timely received, and further, pursuant to Section 2.05.030, a formal appeal to the City
Council has not been filed with the City Clerk within the time frame required by Section 7.08.030. On
that basis, the bid protest is denied. Regardless, in further review of the bid protest, the City Attorney
and I have determined that the arguments MCM has raised in its bid protest do not identify issues of
consequence that would otherwise give Powell an unfair advantage over the other bidders. In addition
to MCM's failure to submit a timely bid protest, this letter provides our findings for a recommendation
to the City Council to dismiss MCM's bid protest in the City Council's determination of award of a
construction contract to the lowest responsive bidder.
Argument —Powell failed to provide the license numbers of their listed subcontractors. Effective July 1,
2014, Public Contract Code Section 4104 requires the prime bidder set forth "the California contractor
license number of each subcontractor who will perform work...to the prime contractor...in an amount in
excess of one-half of one percent of the prime contractor's bid." (Public Contract Code§ 4104(a)(1)]
Finding — The City acknowledges that Powell failed to provide the license numbers of their listed
subcontractors, and acknowledges that this requirement was imposed effective July 1, 2014, through
amendment of Public Contract Code § 4104(a)(1). However, the City failed to identify the new
requirement to list the license numbers in its Subcontractors List Form (Part 1) included in the bid
documents for the Project. It should also be noted that all of the bidders, with the exception of MCM,
failed to list subcontractor license numbers on the Subcontractors List Form (Part 1) given the City's use
of this outdated form in its bid documents. Through the Contractor's State Licensing Board's website
the City has verified that the three subcontractors listed by Powell have current and valid contractors
licenses. Therefore, the failure of Powell to list subcontractor license numbers is a direct result of the
City's use of an outdated bid form, and is considered a minor technical error or variance that does not
affect the amount of the bid or give Powell an advantage or benefit not allowed other bidders.
Argument — The Subcontractor List Form (Part I) required the bidder to fill in the blank identifying the
percentage of work to be performed by the prime contractor. Powell's bid does not provide the
requested information since Powell left it blank. The City cannot determine from the face of the bid the
percentage of work to be subcontracted to both Powell's listed subcontractors performing more than
0.5 percent plus the unlisted subcontractors performing less than 0.5 percent. Consequently, Powell's
bid is nonresponsive.
1�
Edmundo A. Puchi
January 23, 2015
Page 3
Finding — The City acknowledges that Powell failed to identify the percentage of work to be self-
performed. However, from the information available on the Subcontractor List Form (Part 1), the City
can determine that Powell has listed three subcontractors performing a maximum of $530,630.76 of
work representing 21.3%of the total work; therefore, Powell will self-perform 78.7%of the work which
exceeds the minimum of 50% in conformance with, and responsive to, the requirements identified in
the bid documents. It should also be noted that 5 of the 8 bidders failed to identify the total
percentage of work to be self-performed. As a result, the failure of Powell to identify the percentage
of work to be self-performed is considered a minor technical error or variance that does not affect the
amount of the bid or give Powell an advantage or benefit not allowed other bidders.
Argument — Powell listed only 8 subcontractors from whom they received a quotation, but which were
not selected to participate in the contract. Clearly, as evidenced by the other bidders' Part 11 forms,
Powell did not provide all the required information.
Finding — The argument is purely speculative and has no basis in fact. Regardless, the information
provided on the Subcontractor List Form (Part 11) is intended to determine the universe of DBE and
non-DBE contractors and subcontractors who seek work on Federally-assisted contracts for use in
setting overall DBE goals, in accordance with Title 49, Part 26 of the Code of Federal Regulations.
Although we request a full and complete list of subcontractors who provided a quote but were not
selected to participate in the contract, the completeness of the list does not affect the amount of the
bid or give one bidder an advantage or benefit not allowed other bidders.
Summary
We do not agree that there are bid irregularities of consequence with Powell's bid that affect the
amount of Powell's bid or have given Powell an advantage or benefit not allowed other bidders. It is
important to advise MCM that California courts have historically upheld municipal discretion to waive
bidding irregularities in low bids when those irregularities are inconsequential, i.e., they do not affect
the amount of the bid or afford the bidder an unfair advantage over other bidders. (Ghilotti
Construction Co., v. City of Richmond (1996) 45 Cal.App.4th 897, 904). This practical approach is
consistent with the express policy objective to apply the bidding requirements in the California Public
Contract Code in a manner that serves the public interest. Further, the California Legislature adopted
public bidding laws and requirements for the benefit of the public and public-agencies, and not for the
financial benefit or gain of any particular bidder. As cited in Ghilotti, referring to Judson Pacific-Murphy
Corp. v. Durkee [(1956) 144 Cal.App.2d 377, 383)], It certainly would amount to a disservice to the
public if a losing bidder were to be permitted to comb through the bid proposal or license application of
the low bidder after the fact[and]cancel the low bid on minor technicalities, with the hope of securing
acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public
and contrary to public policy.
17
Edmundo A. Puchi
January 23, 2015
Page 4
1 am recommending that the City Council determine that MCM's bid protest was not timely filed, and is
also without merit and should be dismissed, and to waive any informality (non-responsiveness) and
award a construction contract to the lowest responsive bidder, Powell, at its February 4, 2015,
meeting. A copy of MCM's bid protest letter, and a copy of the City's determination of the bid protest,
will be included with the staff report presented to the City Council. If you wish to present your case to
the City Council to dispute the facts as outlined herein this letter, please see the City Clerk prior to the
meeting to deliver your oral arguments during the public comment portion of the meeting.
If you have any questions, please feel free to contact me at (760) 322-8380, or by e-mail at
Marcus.Fuller@palmspringsca.gov.
Sincerely,
I
Marcus L. Fuller, MPA, PE, PAS
Assistant City Manager/City Engineer
cc: DouglasC. Holland, City Attorney
James Thompson, City Clerk
Mike Powell—Powell Constructors,Inc.
file
. _ 18
Attachment 4
19
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 4th day of February. 2015, 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
Powell Constructors, Inc., a California corporation, hereinafter designated as the
Contractor. The City and the Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 1 --THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s) for the Project entitled:
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO. 07-03
FEDERAL AID PROJECT NO. BHLS 5282 (026)
The work to be done includes, but not limited to, the rehabilitation and minor widening of
the existing Bogert Trail Bridge over the Palm Canyon Wash (Bridge 56C-0311), including
minor roadway approach improvements, and all 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 of$3,000 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.
BOGERT TRAIL BRIDGE REHABILITATION AGREEMENT FORM-EXHIBIT"A"
CITY PROJECT NO.07-03
NOVEMBER 2014 20
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 Two Million Four Hundred Eighty-Seven Thousand
Nine Hundred and Ninety Dollars and Zero Cents ($2,487,990.00).
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 through
4, 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.
BOGERT TRAIL BRIDGE REHABILITATION AGREEMENT FORM-EXHIBIT"A"
CITY PROJECT NO.07-03
NOVEMBER 2014 21
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for
the above stated project, and to fulfill all other obligations as set forth in the aforesaid
Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards 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
To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indemnified Parties'), from and
against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments,
arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively "Claims"), including but not limited to
Claims arising from injuries to or death of persons (Contractor's employees included), for
damage to property, including property owned by City, from any violation of any federal,
state, or local law or ordinance, and from errors and omissions committed by Contractor,
its officers, employees, representatives, and agents, that arise out of or relate to
Contractor's performance under the contract. This indemnification clause excludes Claims
arising from the sole negligence or willful misconduct of the City, its elected officials,
BOGERT TRAIL BRIDGE REHABILITATION AGREEMENT FORM-EXHIBIT"A"
CITY PROJECT NO.07-03
NOVEMBER 2014 22
officers, employees, agents, and volunteers. Under no circumstances shall the insurance
requirements and limits set forth in the Special Provisions be construed to limit
Contractor's indemnification obligation or other liability under the contract. Contractor's
indemnification obligation shall survive the completion of the Work or earlier termination of
the contract until all actions against the Indemnified Parties for such matters indemnified
are fully and finally barred by the applicable statute of limitations or, if an action is timely
fled, until such action is final. This provision is intended for the benefit of third party
Indemnified Parties not otherwise a party to the contract.
ARTICLE 9 -- NON-DISCRIMINATION
The Contractor represents and agrees that it does not and will not discriminate against
any subcontractor, consultant, employee, or applicant for employment because of race,
religion, color, sex, or national origin in any matter including without limitation employment
upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination,
rates of pay, or other forms of compensation and selection for training, including
apprenticeship.
ARTICLE 10 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests
in the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation, monies
that may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
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
BOGERT TRAIL BRIDGE REHABILITATION AGREEMENT FORM-EXHIBIT"A"
CITY PROJECT NO.07-03
NOVEMBER 2014 23
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS, CONTRACTOR
CALIFORNIA
By: Powell Constructors, Inc.,
a California corporation
By Firm/Company Name
David H. Ready
City Manager
ATTEST: By:
Signature (notarized)
BY Name:
James Thompson
City Clerk
Title:
APPROVED AS TO FORM:
B
Y By.
Douglas Holland Signature (notarized)
City Attorney
RECOMMENDED: Name:
By Title:
Marcus L. Fuller,
Assistant City Manager/City Engineer
APPROVED BY THE CITY COUNCIL:
Date
Agreement No.
BOGERT TRAIL BRIDGE REHABILITATION AGREEMENT FORM-EXHIBIT"A"
CITY PROJECT NO.07-03
NOVEMBER 2014 24
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
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM-EXHIBIT"A" C
NOVEMBER 2014 J
1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General II. NONDISCRIMINATION
II. Nondiscrimination
III, Nonsegregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable
IV. Davis-Bacon and Related Act Provisions to all Federal-aid construction contracts and to all related construction
V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are
VI. Subletting or Assigning the Contract not applicable to material supply, engineering, or architectural service
VII. Safety:Accident Prevention contracts.
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution In addition, the contractor and all subcontractors must comply with the
Control Act following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-
X. Compliance with Govemmentwide Suspension and Debarment 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
Requirements amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as
XI. Certification Regarding Use of Contract Funds for Lobbying amended, and related regulations including 49 CFR Parts 21,26 and 27;
and 23 CFR Parts 200,230,and 633.
ATTACHMENTS
The contractor and all subcontractors must comply with: the
A. Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
Highway System or Appalachian Local Access Road Contracts(included for all construction contracts exceeding $10,000, the Standard Federal
in Appalachian contracts only) Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
I. GENERAL
Note:The U.S.Department of Labor has exclusive authority to determine
1. Form FHWA-1273 must be physically incorporated in each compliance with Executive Order 11246 and the policies of the Secretary
construction contract funded under Title 23 (excluding emergency of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting
contracts solely intended for debris removal). The contractor (or agency and the FHWA have the authority and the responsibility to
subcontractor) must insert this form in each subcontract and further ensure compliance with Title 23 USC Section 140,the Rehabilitation Act
require its inclusion in all lower tier subcontracts (excluding purchase of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of
orders, rental agreements and other agreements for supplies or 1964, as amended, and related regulations including 49 CFR Parts 21,
services). 26 and 27;and 23 CFR Parts 200,230,and 633.
The applicable requirements of Form FHWA-1273 are incorporated by The following provision is adopted from 23 CFR 230, Appendix A, with
reference for work done under any purchase order, rental agreement or appropriate revisions to conform to the U.S. Department of Labor(US
agreement for other services. The prime contractor shall be responsible DOL)and FHWA requirements.
for compliance by any subcontractor, lower-tier subcontractor or service
provider. 1. Equal Employment Opportunity: Equal employment opportunity
(EEO)requirements not to discriminate and to take affirmative action to
Form FHWA-1273 must be included in all Federal-aid design-build assure equal opportunity as set forth under laws,executive orders,rules,
contracts, in all subcontracts and in lower tier subcontracts (excluding regulations(28 CFR 35, 29 Cl 1630, 29 CFR 1625-1627. 41 CFR 60
subcontracts for design services, purchase orders, rental agreements and 49 CFR 27)and orders of the Secretary of Labor as modified by the
and other agreements for supplies or services). The design-builder shall provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140
be responsible for compliance by any subcontractor, lower-tier shall constitute the EEO and specific affirmative action standards for the III
subcontractor or service provider, contractors project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set
Contracting agencies may reference Form FHWA-1273 in bid proposal forth under 28 Cl 35 and 29 CFR 1630 are incorporated by reference
or request for proposal documents,however,the Form FHWA-1273 must in this contract.In the execution of this contract,the contractor agrees to
be physically incorporated(not referenced)in all contracts,subcontracts comply with the fallowing minimum specific requirement activities of
and lower-tier subcontracts (excluding purchase orders, rental EEO:
agreements and other agreements for supplies or services related to a
construction contract). a.The contractor will work with the contracting agency and the Federal
Government to ensure that it has made every good faith effort to provide
2. Subject to the applicability criteria noted in the following sections, equal opportunity with respect to all of its terms and conditions of
these contract provisions shall apply to all work performed on the employment and in their review of activities under the contract.
contract by the contractor's own organization and with the assistance of
workers under the contractor's immediate superintendence and to all b. The contractor will accept as its operating policy the following
work performed on the contract by piecework, station work, or by statement:
subcontract.
"It is the policy of this Company to assure that applicants are
3. A breach of any of the stipulations contained in these Required employed,and that employees are treated during employment,without
Contract Provisions may be sufficient grounds for withholding of progress regard to their race, religion, sex, color, national origin, age or
payments, withholding of final payment, temtination of the contract, disability. Such action shall include: employment, upgrading,
suspension/debarment or any other action determined to be appropriate demotion, or transfer; recruitment or recruitment advertising; layoff or
by the contracting agency and Fl termination;rates of pay or other fortes of compensation;and selection
for training, including apprenticeship, preapprenticeship, and/or on-
4. Selection of Labor. During the performance of this contract, the the-job training."
contractor shall not use convict labor for any purpose within the limits of
a construction project on a Federal-aid highway unless @ is labor 2. EEO Officer: The contractor will designate and make known to the
performed by convicts who are on parole, supervised release, or contracting officers an EEO Officer who will have the responsibility for
probation. The term Federal-aid highway does not include roadways and must be capable of effectively administering and promoting an
functionally classified as local roads or rural minor collectors. active EEO program and who must be assigned adequate authority and
responsibility to do so.
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM—EXHIBIT"A"
NOVEMBER2014 PA ii 26
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 contractor's EEO policy and contractual c.The contractor will periodically review selected personnel actions
responsibilities to provide EEO in each grade and classification of in depth to determine whether there is evidence of discrimination.
employment. To ensure that the above agreement will be met, the Where evidence is found, the contractor will promptly take
following actions will be taken as a minimum: connective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action
a.Periodic meetings of supervisory and personnel office employees shall include all affected persons.
will be conducted before the start of work and then not less often
than once every six months, at which time the contractor's EEO J.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 duty with the contractor. completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
c.All personnel who are engaged in direct recruitment for the project
will be instructed by the EEO Officer in the contractor's 6.Training and Promotion:
procedures for locating and hiring minorities and women.
a.The contractor will assist in locating,qualifying,and increasing the
d. Notices and posters setting forth the contractor's EEO policy will skills of minorities and women who are applicants for employment
be placed in areas readily accessible to employees,applicants for or current employees. Such efforts should be aimed at
employment and potential employees. developing full journey level status employees in the type of trade
orjob classification involved.
e.The contractors EEO policy and the procedures to implement
such policy will be brought to the attention of employees by b.Consistent with the contractors work force requirements and as
means of meetings, employee handbooks, or other appropriate permissible under Federal and State regulations, the contractor
means. shall make full use of training programs, i.e., apprenticeship,and
on-the-job training programs for the geographical area of contract
4.Recruitment:When advertising for employees,the contractor will performance. In the event a special provision for training is
include in all advertisements for employees the notation: "An Equal provided under this contract, this subparagraph will be
Opportunity Employer." All such advertisements will be placed in superseded as indicated in the special provision. The contracting
publications having a large circulation among minorities and women agency may reserve training positions for persons who receive
in the area from which the project work force would normally be welfare assistance in accordance with 23 U.S.C.140(a).
derived.
c. The contractor will advise employees and applicants for
a.The contractor will, unless precluded by a valid bargaining employment of available training programs and entrance
agreement, conduct systematic and direct recruitment through requirements for each.
public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the d.The contractor will periodically review the training and promotion
contractor will identify sources of potential minority group potential of employees who are minorities and women and will
employees,and establish with such identified sources procedures encourage eligible employees to apply for such training and
whereby minority and women applicants may be referred to the promotion.
contractor for employment consideration.
7.Unions: If the contractor relies in whole or in part upon unions as
b. In the event the contractor has a valid bargaining agreement a source of employees, the contractor will use good faith efforts to
providing for exclusive hiring hall referrals, the contractor is obtain the cooperation of such unions to increase opportunities for
expected to observe the provisions of that agreement to the minorities and women. Actions by the contractor, either directly or
extent that the system meets the contractor's compliance with through a contractor's association acting as agent, will include the
EEO contract provisions. Where implementation of such an procedures set forth below:
agreement has the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such a.The contractor will use good faith efforts to develop, in
implementation violates Federal nondiscrimination provisions. cooperation with the unions,joint training programs aimed toward
qualifying more minorities and women for membership in the
c. The contractor will encourage its present employees to refer unions and increasing the skills of minorities and women so that
minorities and women as applicants for employment. Information they may qualify for higher paying employment.
and procedures with regard to referring such applicants will be
discussed with employees. b.The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the and 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.
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM—EXHIBIT"A"
NOVEMBER 2014 PAGE 9
27
d. In the event the union is unable to provide the contractor with a by the contract work. This information is to be reported on Form
reasonable flow of referrals within the time limit set forth in the FHWA-1391. The staffing data should represent the project work
collective bargaining agreement, the contractor will, through force on board in all or any part of the last payroll period
independent recruitment efforts, fill the employment vacancies preceding the end of July. If on-the-job training is being required
without regard to race, color, religion, sex, national origin, age or by special provision, the contractor will be required to collect and
disability; making full efforts to obtain qualified and/or qualifiable report training data. The employment data should reflect the work
minorities and women. The failure of a union to provide sufficient force on board during all or any part of the last payroll period
referrals(even though it is obligated to provide exclusive referrals preceding the end of July.
under the terms of a collective bargaining agreement) does not
relieve the contractor from the requirements of this paragraph. In III. NONSEGREGATED FACILITIES
the event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 11246, as This provision is applicable to all Federal-aid construction contracts
amended, and these special provisions, such contractor shall and to all related construction subcontracts of S10,000 or more.
immediately notify the contracting agency.
The contractor must ensure that facilities provided for employees
8.Reasonable Accommodation for Applicants!Employees with are provided in such a manner that segregation on the basis of race,
Disabilities: The contractor must be familiar with the requirements color, religion, sex, or national origin cannot result. The contractor
for and comply with the Americans with Disabilities Act and all rules may neither require such segregated use by written or oral policies
and regulations established there under. Employers must provide nor tolerate such use by employee custom. The contractor's
reasonable accommodation in all employment activities unless to do obligation extends further to ensure that its employees are not
so would cause an undue hardship. assigned to perform their services at any location, under the
contractor's control, where the facilities are segregated. The term
9. Selection of Subcontractors, Procurement of Materials and "facilities"includes waiting rooms,work areas,restaurants and other
Leasing of Equipment:The contractor shall not discriminate on the eating areas,time clocks, restrooms,washrooms, locker rooms,and
grounds of race,color, religion, sex, national origin,age or disability other storage or dressing areas, parking lots, drinking fountains,
in the selection and retention of subcontractors, including recreation or entertainment areas, transportation, and housing
procurement of materials and leases of equipment. The contractor provided for employees. The contractor shall provide separate or
shall take all necessary and reasonable steps to ensure single-user restrooms and necessary dressing or sleeping areas to
nondiscrimination in the administration of this contract. assure privacy between sexes.
a.The contractor shall notify all potential subcontractors and IV. DAVIS-BACON AND RELATED ACT PROVISIONS
suppliers and lessors of their EEO obligations under this contract.
b.The contractor will use good faith efforts to ensure subcontractor This section is applicable to all Federal-aid construction projects
compliance with their EEO obligations. exceeding $2.000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size). The requirements
10.Assurance Required by 49 CFR 26.13(b): apply to all projects located within the right-of-way of a roadway that
is functionally classified as Federal-aid highway. This excludes
a.The requirements of 49 CFR Part 26 and the State DOT's U.S. roadways functionally classified as local roads or rural minor
DOT-approved DBE program are incorporated by reference. collectors, which are exempt. Contracting agencies may elect to
apply these requirements to other projects.
b.The contractor or subcontractor shall not discriminate on the basis
of race, color, national origin, or sex in the performance of this The following provisions are from the U.S. Department of Labor
contract. The contractor shall carry out applicable requirements regulations in 29 CFR 5.5"Contract provisions and related matters"
of 49 CFR Part 26 in the award and administration of DOT- with minor revisions to conform to the FHWA-1273 format and
assisted contracts. Failure by the contractor to carry out these FHWA program requirements.
requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as 1 Minimum wages
the contracting agency deems appropriate.
11. Records and Reports: The contractor shall keep such records a.All laborers and mechanics employed or working upon the site of
as necessary to document compliance with the EEO requirements. the work,will be paid unconditionally and not less often than once
Such records shall be retained for a period of three years following a week, and without subsequent deduction or rebate on any
the date of the final payment to the contractor for all contract work account (except such payroll deductions as are permitted by
and shall be available at reasonable times and places for inspection regulations issued by the Secretary of Labor under the Copeland
by authorized representatives of the contracting agency and the Act (29 CFR part 3)), the full amount of wages and bona fide
FHWA. fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the
a.The records kept by the contractor shall document the following: wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
(1)The number and work hours of minority and non-minority group relationship which may be alleged to exist between the contractor
members and women employed in each work classification on and such laborers and mechanics.
the project;
(2)The progress and efforts being made in cooperation with Contributions made or costs reasonably anticipated for bona fide
unions,when applicable,to increase employment opportunities fringe benefits under section 1(b)(2) of the Davis-Bacon Act on
for minorities and women;and behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics,subject to the provisions of paragraph t.d.of
(3)The progress and efforts being made in locating, hiring, this section; also, regular contributions made or costs incurred for
training,qualifying,and upgrading minorities and women; more than a weekly period(but not less often than quarterly) under
plans,funds,or programs which cover the particular weekly period,
b.The contractors and subcontractors will submit an annual report are deemed to be constructively made or incurred during such
to the contracting agency each July for the duration of the project, weekly period. Such laborers and mechanics shall be paid the
indicating the number of minority,women, and non-minority group appropriate wage rate and fringe benefits on the wage determination
employees currently engaged in each work classification required for the classification of work actually performed, without regard to
skill,except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM—EXHIBIT"A"
NOVEMBER 2014 PAGE 10
28
performing work in more than one classification may be may require the contractor to set aside in a separate account
compensated at the rate specified for each classification for the time assets for the meeting of obligations under the plan or program.
actually worked therein: Provided, that the employers payroll
records accurately set forth the time spent in each dassification in 2 Withholding
which work is performed. The wage determination (including any
additional classification and wage rates conformed under paragraph
1.b.of this section)and the Davis-Bacon poster(W H-1321)shall be The contracting agency shall upon its own action or upon written
posted at all times by the contractor and its subcontractors at the request of an authorized representative of the Department of Labor,
site of the work in a prominent and accessible place where it can be withhold or cause to be withheld from the contractor under this
easily seen by the workers. contract, or any other Federal contract with the same prime
contractor,or any other federally-assisted contract subject to Davis-
b.(1)The contracting officer shall require that any class of laborers Bacon prevailing wage requirements, which is held by the same
or mechanics, including helpers, which is not listed in the wage prime contractor,so much of the accrued payments or advances as
determination and which is to be employed under the contract may be considered necessary to pay laborers and mechanics,
shall be classified in conformance with the wage determination. including apprentices, trainees, and helpers, employed by the
The contracting officer shall approve an additional classification contractor or any subcontractor the full amount of wages required by
and wage rate and fringe benefits therefore only when the the contract. In the event of failure to pay any laborer or mechanic,
following criteria have been met: including any apprentice,trainee,or helper, employed or working on
the site of the work,all or part of the wages required by the contract,
(i) The work to be performed by the classification requested is not the contracting agency may, after written notice to the contractor,
performed by a classification in the wage determination;and take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such
(ii)The classification is utilized in the area by the construction violations have ceased.
industry;and
3. Payrolls and basic records
(iii)The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates a.Payrolls and basic records relating thereto shall be maintained by
contained in the wage determination. the contractor during the course of the work and preserved for a
(2) If the contractor and the laborers and mechanics to be period of three years thereafter for all laborers and mechanics
employed in the classification(if known),or their representatives, working at the site of the work. Such records shall contain the
and the contracting officer agree on the classification and wage name, address, and social security number of each such worker,
rate (including the amount designated for fringe benefits where his or her correct classification, hourly rates of wages paid
appropriate), a report of the action taken shall be sent by the (including rates of contributions or costs anticipated for bona fide
contracting officer to the Administrator of the Wage and Hour fringe benefits or cash equivalents thereof of the types described
Division, Employment Standards Administration, U.S. Department in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly
of Labor, Washington, DC 20210. The Administrator, or an number of hours worked, deductions made and actual wages
authorized representative, will approve, modify, or disapprove paid. Whenever the Secretary of Labor has found under 29 CFR
every additional classification action within 30 days of receipt and 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the
so advise the contracting officer or will notify the contracting amount of any costs reasonably anticipated in providing benefits
officer within the 30-day period that additional time is necessary. under a plan or program described in section 1(b)(2)(B) of the
Davis-Bacon Act, the contractor shall maintain records which
(3) In the event the contractor, the laborers or mechanics to be show that the commitment to provide such benefits is
employed in the classification or their representatives, and the enforceable, that the plan or program is financially responsible,
contracting officer do not agree on the proposed classification and and that the plan or program has been communicated in writing to
wage rate (including the amount designated for fringe benefits, the laborers or mechanics affected, and records which show the
where appropriate), the contracting officer shall refer the costs anticipated or the actual cost incurred in providing such
questions, including the views of all interested parties and the benefits. Contractors employing apprentices or trainees under
recommendation of the contracting officer,to the Wage and Hour approved programs shall maintain written evidence of the
Administrator for determination. The Wage and Hour registration of apprenticeship programs and certification of trainee
Administrator, or an authorized representative, will issue a programs, the registration of the apprentices and trainees, and
determination within 30 days of receipt and so advise the the ratios and wage rates prescribed in the applicable programs.
contracting officer or will notify the contracting officer within the b.(1)The contractor shall submit weekly for each week in which any
30-day period that additional time is necessary. contract work is performed a copy of all payrolls to the contracting
agency. The payrolls submitted shall set out accurately and
(4) The wage rate (including fringe benefits where appropriate) completely all of the information required to be maintained under
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this 29 CFR 5.5(aX3Xi), except that full social security numbers and
section, shall be paid to all workers performing work in the home addresses shall not be included on weekly transmittals.
classification under this contract from the first day on which work Instead the payrolls shall only need to include an individually
is performed in the classification. identifying number for each employee(e.g.,the last four digits of
the employee's social security number). The required weekly
c.Whenever the minimum wage rate prescribed in the contract for a payroll information may be submitted in any torn desired.
class of laborers or mechanics includes a hinge benefit which is Optional Form WH-347 is available for this purpose from the
not expressed as an hourly rate, the contractor shall either pay Wage and Hour Division Web site at
the benefit as slated in the wage determination or shall pay http://www.dol.gov/esa/whd/fo"sAvh347instr.htm or its successor
another bona fide fringe benefit or an hourly cash equivalent site. The prime contractor is responsible for the submission of
thereof. copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and
d. If the contractor does not make payments to a trustee or other current address of each covered worker, and shall provide them
third person, the contractor may consider as part of the wages of upon request to the contracting agency for transmission to the
any laborer or mechanic the amount of any costs reasonably State DOT, the FHWA or the Wage and Hour Division of the
anticipated in providing bona fide fringe benefits under a plan or Department of Labor for purposes of an investigation or audit of
program, Provided, That the Secretary of Labor has found, upon compliance with prevailing wage requirements. It is not a violation
the written request of the contractor,that the applicable standards of this section for a prime contractor to require a subcontractor to
of the Davis-Bacon Act have been met. The Secretary of Labor provide addresses and social security numbers to the prime
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contractor for its own records, without weekly submission to the the contractor as to the entire work force under the registered
contracting agency. program.Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall
(2)Each payroll submitted shall be accompanied by a"Statement be paid not less than the applicable wage rate on the wage
of Compliance," signed by the contractor or subcontractor or his determination for the classification of work actually performed. In
or her agent who pays or supervises the payment of the persons addition,any apprentice performing work on the job site in excess of
employed underthe contract and shall certify the following: the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the
(i) That the payroll for the payroll period contains the work actually performed. Where a contractor is performing
information required to be provided under §5.5 (a)(3)(ii) of construction on a project in a locality other than that in which its
Regulations, 29 CFR part 5, the appropriate information is program is registered, the ratios and wage rates (expressed in
being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR percentages of the_journeyman's hourly rate) specified in the
part 5,and that such information is correct and complete; contractor's or subcontractor's registered program shall be
observed.
(u) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the Every apprentice must be paid at not less than the rate specified in
payroll period has been paid the full weekly wages earned, the registered program for the apprenfice's level of progress,
without rebate, either directly or indirectly, and that no expressed as a percentage of the journeymen hourly rate specified
deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set in the applicable wage determination. Apprentices shall be paid
forth in Regulations,29 CFR part 3; hinge benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
(iii)That each laborer or mechanic has been paid not less than specify fringe benefits, apprentices must be paid the full amount of
the applicable wage rates and fringe benefits or rash fringe benefits listed on the wage determination for the applicable
equivalents for the classification of work performed, as classification.If the Administrator determines that a different practice
specified in the applicable wage determination incorporated prevails for the applicable apprentice classification, fringes shall be
into the contract. paid in accordance with that determination.
(3)The weekly submission of a properly executed certification set In the event the Office of Apprenticeship Training, Employer and
forth on the reverse side of Optional Form W H-347 shall satisfy Labor Services,or a State Apprenticeship Agency recognized by the
the requirement for submission of the"Statement of Compliance' Office, withdraws approval of an apprenticeship program, the
required by paragraph 3.b.(2)of this section. contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until
(4)The falsification of any of the above certifications may subject an acceptable program is approved.
the contractor or subcontractor to civil or criminal prosecution
under section 1001 of title 18 and section 231 of title 31 of the United States Code. b.Trainees(programs of the USDOL).
c.The contractor or subcontractor shall make the records required Except as provided in 29 CFR 5,16,trainees will not be permitted to
under paragraph 3.a. of this section available for inspection, work at less than the predetermined rate for the work performed
copying, or transcription by authorized representatives of the unless they are employed pursuant to and individually registered in
contracting agency, the State DOT, the FHWA, or the a program which has received prior approval, evidenced by formal
Department of Labor, and shall permit such representatives to certification by the U.S. Department of Labor, Employment and
interview employees during working hours on the job. If the Training Administration.
contractor or subcontractor fails to submit the required records or
to make them available,the FHWA may,after written notice to the
contractor, the contracting agency or the State DOT, take such The ratio of trainees to journeymen on the job site shall not be
action as may be necessary to cause the suspension of any greater than permitted under the plan approved by the Employment
further payment, advance, or guarantee of funds. Furthermore, and Training Administration.
failure to submit the required records upon request or to make
such records available may be grounds for debarment action Every trainee must be paid at not less than the rate specified in the
pursuant to 29 CFR 5.12. approved program for the trainee's level of progress,expressed as a
percentage of the journeyman hourly rate specified in the applicable
4. Apprentices and trainees wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits,trainees shall be paid the
a.Apprentices(programs of the USDOL). full amount of fringe benefits listed on the wage determination
unless the Administrator of the Wage and Hour Division determines
Apprentices will be permitted to work at less than the predetermined that there is an apprenticeship program associated with the
rate for the work they performed when they are employed pursuant corresponding journeyman wage rate on the wage determination
to and individually registered in a bona fide apprenticeship program which provides for less than full fringe benefits for apprentices. Any
registered with the U.S. Department of Labor, Employment and employee listed on the payroll at a trainee rate who is not registered
Training Administration,Office of Apprenticeship Training, Employer and participating in a training plan approved by the Employment and
and Labor Services, or with a State Apprenticeship Agency Training Administration shall be paid not less than the applicable
recognized by the Office,or if a person is employed in his or her first wage rate on the wage determination for the classification of work
90 days of probationary employment as an apprentice in such an actually performed. In addition, any trainee performing work on the
apprenticeship program, who is not individually registered in the job site in excess of the ratio permitted under the registered program
program,but who has been certified by the Office of Apprenticeship shall be paid not less than the applicable wage rate on the wage
Training, Employer and Labor Services or a State Apprenticeship determination for the work actually performed.
Agency (where appropriate) to be eligible for probationary
employment as an apprentice. In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be
The allowable ratio of apprentices to journeymen on the job site in permitted to utilize trainees at less than the applicable
any craft classification shall not be greater than the ratio permitted to predetermined rate for the work performed until an acceptable
program is approved.
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PAGE 12 J
c. Equal employment opportunity. The utilization of apprentices, 1. Overtime requirements. No contractor or subcontractor
trainees and journeymen under this part shall be in conformity contracting for any part of the contract work which may require or
with the equal employment opportunity requirements of Executive involve the employment of laborers or mechanics shall require or
Order 11246,as amended,and 29 CFR part 30. permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in
d.Apprentices and Trainees(programs of the U.S.DOT). such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the
Apprentices and trainees working under apprenticeship and skill basic rate of pay for all hours worked in excess of forty hours in such
training programs which have been certified by the Secretary of workweek.
Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the requirements 2.Violation; liability for unpaid wages; liquidated damages. In
of paragraph 4 of this Section IV. The straight time hourly wage the event of any violation of the clause set forth in paragraph(1.)of
rates for apprentices and trainees under such programs will be this section, the contractor and any subcontractor responsible
established by the particular programs. The ratio of apprentices and therefor shall be liable for the unpaid wages. In addition, such
trainees to journeymen shall not be greater than permitted by the contractor and subcontractor shall be liable to the United Stales (in
terms of the particular program. the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory), for liquidated
5. Compliance with Copeland Act requirements. The contractor damages. Such liquidated damages shall be computed with respect
shall comply with the requirements of 29 CFR part 3, which are to each individual laborer or mechanic, including watchmen and
incorporated by reference in this contract. guards, employed in violation of the clause set forth in paragraph
(1.)of this section,in the sum of$10 for each calendar day on which
such individual was required or permitted to work in excess of the
6.Subcontracts. The contractor or subcontractor shall insert Form standard workweek of forty hours without payment of the overtime
FHWA-1273 in any subcontracts and also require the subcontractors wages required by the clause set forth in paragraph (1.) of this
to include Form FHWA-1273 in any lower tier subcontracts. The section,
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract 3. Withholding for unpaid wages and liquidated damages. The
clauses in 29 CFR 5.5. FHWA or the contacting agency shall upon its own action or upon
written request of an authorized representative of the Department of
7. Contract termination; debarment. A breach of the contract Labor withhold or cause to be withheld, from any moneys payable
clauses in 29 CFR 5.5 may be grounds for termination of the on account of work performed by the contractor or subcontractor
contract, and for debarment as a contractor and a subcontractor as under any such contract or any other Federal contract with the same
provided in 29 CFR 5.12. prime contractor, or any other federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act,which is held by
8.Compliance with Davis-Bacon and Related Act requirements. the same prime contractor,such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
All rulings and interpretations of the Davis-Bacon and Related Acts subcontractorfor unpaid wages and liquidated damages as provided
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by in the clause set forth in paragraph(2.)of this section.
reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of 4.Subcontracts. The contractor or subcontractor shall insert in any
the labor standards provisions of this contract shall not be subject to subcontracts the clauses set forth in paragraph (1.)through (4.) of
the general disputes clause of this contract. Such disputes shall be this section and also a clause requiring the subcontractors to include
resolved in accordance with the procedures of the Department of these clauses any lower tier subcontracts. The prime contractor
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the shall be responsible for compliance by any subcontractor or lower
meaning of this clause include disputes between the contractor(or tier subcontractor with the clauses set forth in paragraphs (1.)
any of its subcontractors) and the contracting agency, the U.S. through(4.)of this section.
Department of Labor,or the employees or their representatives.
10.Certification of eligibility. VI.SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts
a.By entering into this contract,the contractor certifies that neither R on the National Highway System.
(nor he or she)nor any person or fine who has an interest in the
contractor's firth is a person or firm ineligible to be awarded 1.The contractor shall perform with its own organization contract
Government contracts by virtue of section 3(a)of the Davis-Bacon work amounting to not less than 30 percent (or a greater
Act or 29 CFR 5.12(axt). percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated
b.No part of this contract shall be subcontracted to any person or by the contracting agency. Specialty items may be performed by
firth ineligible for award of a Government contract by virtue of subcontract and the amount of any such specialty items
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(aX1). performed may be deducted from the total original contract price
before computing the amount of work required to be performed by
c.The penalty for making false statements is prescribed in the U.S. the contractors own organization(23 CFR 635.116).
Cominal Code,18 U.S.C. 1001.
a.The tens "perform work with its own organization" refers to
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
The following clauses apply to any Federal-aid construction contract equipment of a subcontractor or lower tier subcontractor,
in an amount in excess of $100,000 and subject to the overtime agents of the prime contractor, or any other assignees. The
provisions of the Contract Work Hours and Safety Standards Act. term may include payments for the costs of hiring leased
These clauses shall be inserted in addition to the clauses required employees from an employee leasing firm meeting all relevant
by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the Federal and State regulatory requirements. Leased employees
terms laborers and mechanics include watchmen and guards.
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31
may only be included in this term if the prime contractor meets 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
all of the following conditions: the Secretary of Labor or authorized representative thereof,shall
have Fight of entry to any site of contract performance to inspect
(1) the prime contractor maintains control over the or investigate the matter of compliance with the construction
supervision of the day-to-day activities of the leased safety and health standards and to carry out the duties of the
employees; Secretary under Section 107 of the Contract Work Hours and
(2) the prime contractor remains responsible for the quality of Safety Standards Act(40 U.S.C.3704).
the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
individual employees from work on the project;and
(4) the prime contractor remains ultimately responsible for the This provision is applicable to all Federal-aid construction contracts
payment of predetermined minimum wages, the and to all related subcontracts.
submission of payrolls, statements of compliance and all
other Federal regulatory requirements. In order to assure high quality and durable construction in conformity
with approved plans and specifications and a high degree of
b."Specialty Items"shall be construed to be limited to work that reliability on statements and representations made by engineers,
requires highly specialized knowledge, abilities, or equipment contractors,suppliers,and workers on Federal-aid highway projects,
not ordinarily available in the type of contracting organizations it is essential that all persons concerned with the project perform
qualified and expected to bid or propose on the contract as a their functions as carefully, thoroughly, and honestly as possible.
whole and in general are to be limited to minor components of Willful falsification, distortion, or misrepresentation with respect to
the overall contract. any facts related to the project is a violation of Federal law. To
prevent any misunderstanding regarding the seriousness of these
2.The contract amount upon which the requirements set forth in and similar acts, Forth FHWA-1022 shall be posted on each
paragraph (1) of Section VI is computed includes the cost of Federal-aid highway project (23 CFR 635) in one or more places
material and manufactured products which are to be purchased or where it is readily available to all persons concerned with the
produced by the contractor under the contract provisions. project:
3.The contractor shall fumish (a) a competent superintendent or 18 U.S.C. 1020 reads as follows:
supervisor who is employed by the firth, 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 previsions and requirements of the prime contract. performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved by
5.The 30% self-performance requirement of paragraph (1) is not the Secretary of Transportation;or
applicable to design-build contracts; however, contracting
agencies may establish their own self-performance requirements. Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
VII.SAFETY:ACCIDENT PREVENTION report submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and
This provision is applicable to all Federal-aid construction contracts supplemented;
and to all related subcontracts.
Shall be fined under this title or imprisoned not more than 5 years
1.In the performance of this contract the contractor shall comply or both"
with all applicable Federal,State,and local laws governing safety,
health,and sanitation(23 CFR 635).The contractor shall provide IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
all safeguards, safety devices and protective equipment and take WATER POLLUTION CONTROL ACT
any other needed actions as it determines, or as the contracting
officer may determine,to be reasonably necessary to protect the This provision is applicable to all Federal-aid construction contracts
life and health of employees on the job and the safely 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
OF dangerous to his/her health or safety, as determined under violation of Section 508 of the Clean Water Act or Section 306 of
construction safety and health standards (29 CFR 1926) the Clean Air Act.
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards 2.That the contractor agrees to include or cause to be included the
Act(40 U.S.C.3704). requirements of paragraph (1) of this Section X in every -
subcontract, and further agrees to take such action as the
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contracting agency may direct as a means of enforcing such
requirements. h.A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, is not debarred, suspended, ineligible, or voluntarily excluded
INELIGIBILITY AND VOLUNTARY EXCLUSION - from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its
This provision is applicable to all Federal-aid construction contracts, principals are not suspended,debarred,or otherwise ineligible to
design-build contracts, subcontracts, lower-tier subcontracts, participate in covered transactions. To verify the eligibility of its
purchase orders, lease agreements, consultant contracts or any principals, as well as the eligibility of any lower tier prospective
other covered transaction requiring FHWA approval or that is participants, each participant may, but is not required to, check
estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 the Excluded Parties List System website(hips:Nvwm.ee(s.00vl),
and 1200. which is compiled by the General Services Administration.
1.Instructions for Certification—First Tier Participants: i. Nothing contained in the foregoing shall be construed to require
the establishment of a system of records in order to render in
a.By signing and submitting this proposal, the prospective first tier good faith the certification required by this clause.The knowledge
participant is providing the certification set out below. and information of the prospective participant is not required to
exceed that which is normally possessed by a prudent person in
b.The inability of a person to provide the certification set out below the ordinary course of business dealings.
will not necessarily result in denial of participation in this covered
transaction. The prospective first tier participant shall submit an j. Except for transactions authorized under paragraph (f) of these
explanation of why it cannot provide the certification set out instructions, if a participant in a covered transaction knowingly
below. The certification or explanation will be considered in enters into a lower tier covered transaction with a person who is
connection with the department or agency's determination suspended, debarred, ineligible, or voluntarily excluded from
whether to enter into this transaction. However, failure of the participation in this transaction, in addition to other remedies
prospective first tier participant to furnish a certification or an available to the Federal Government, the department or agency
explanation shall disqualify such a person from participation in may terminate this transaction for cause or default.
this transaction.
c. The certification in this clause is a material representation of fact 2. Certification Regarding Debarment,Suspension, Ineligibility
upon which reliance was placed when the contracting agency and Voluntary Exclusion—First Tier Participants:
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous a.The prospective first tier participant certifies to the best of its
certification,in addition to other remedies available to the Federal knowledge and belief,that it and its principals:
Government, the contracting agency may terminate this
transaction for cause of default. (1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
d.The prospective first tier participant shall provide immediate participating in covered transactions by any Federal
written notice to the contracting agency to whom this proposal is department or agency;
submitted if any time the prospective first tier participant learns
that its certification was erroneous when submitted or has (2) Have not within a three-year period preceding this proposal
become erroneous by reason of changed circumstances. been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in
e.The terns "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 cause or default.
I. 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
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM—EXHIBIT"A"
NOVEMBER 2014 PAGE 15 33
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, 1.The prospective lower tier participant certifies, by submission of
the department, or agency with which this transaction originated this proposal, that neither it nor its principals is presently
may pursue available remedies, including suspension and/or debarred, suspended, proposed for debarment, declared
debarment. ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
c.The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if 2.Where the prospective lower tier participant is unable to certify to
at any time the prospective lower tier participant learns that its any of the statements in this certification, such prospective
certification was erroneous by reason of changed circumstances. participant shall attach an explanation to this proposal.
d.The terns "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded,"as used in this clause,are defined in 2 CFR Parts 180
and 1200. You may contact the person to which this proposal is XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
submitted for assistance in obtaining a copy of those regulations. FOR LOBBYING
"First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds This provision is applicable to all Federalaid construction contracts
and a participant(such as the prime or general contract). "Lower and to all related subcontracts which exceed$100,000(49 CFR 20).
Tier Covered Transactions" refers to any covered transaction
under a First Tier Covered Transaction (such as subcontracts). 1.The prospective participant certifies, by signing and submitting
"First Tier Participant" refers to the participant who has entered this bid or proposal,to the best of his or her knowledge and belief,
into a covered transaction with a grantee or subgrantee of Federal that:
funds (such as the prime or general contractor). "Lower Tier
Participant"refers any participant who has entered into a covered a. No Federal appropriated funds have been paid or will be
transaction with a First Tier Participant or other Lower Tier paid, by or on behalf of the undersigned, to any person for
Participants(such as subcontractors and suppliers). influencing or attempting to influence an officer or employee
of any Federal agency,a Member of Congress, an officer or
e.The prospective lower tier participant agrees by submitting this employee of Congress, or an employee of a Member of
proposal that, should the proposed covered transaction be Congress in connection with the awarding of any Federal
entered into, it shall not knowingly enter into any lower tier contract,the making of any Federal grant,the making of any
covered transaction with a person who is debarred, suspended, Federal loan, the entering into of any cooperative
declared ineligible, or voluntarily excluded from participation in agreement, and the extension, continuation, renewal,
this covered transaction, unless authorized by the department or amendment, or modification of any Federal contract, grant,
agency with which this transaction originated. loan,or cooperative agreement.
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 Fonn-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 fact upon which
is erroneous. A participant is responsible for ensuring that its reliance was placed when this transaction was made or entered
principals are not suspended, debarred, or otherwise ineligible to into. Submission of this certification is a prerequisite for making
participate in covered transactions. To verify the eligibility of its or entering into this transacfion imposed by 31 U.S.C. 1352. Any
principals, as well as the eligibility of any lower tier prospective person who fails to file the required certification shall be subject to
participants, each participant may, but is not required to, check a civil penalty of not less than $10,000 and not more than
the Excluded Parties List System website(httos:Nwww.eols.00v!), $100,000 for each such failure.
which is compiled by the General Services Administration.
3.The prospective participant also agrees by submitting its bid or
h.Nothing contained in the foregoing shall be construed to require proposal that the participant shall require that the language of this
establishment of a system of records in order to render in good certification be included in all lower tier subcontracts, which
faith the certification required by this clause. The knowledge and exceed $100,000 and that all such recipients shall certify and
information of participant is not required to exceed that which is disclose accordingly.
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph a of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies,including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion—Lower Tier Participants:
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM—EXHIBIT"A"
NOVEMBER 2014 PAGE 16
34
FEMALE AND MIONOR/TY 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:
6.CA Del Norte; CA Humboldt;CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties: 28.9
7120 Salinas-Seaside-Monterey, CA
CA Monterey 25.6
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa;CA Marin; CA San Francisco;CA San Mateo
7400 San Jose, CA 19.6
176 CA Santa Clara, CA
7485 Santa Cruz,CA 14.9
CA Santa Cruz
7500 Santa Rosa 9.1
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 17.1
CA Napa; CA Solana,
Non-SMSA Counties: 23.2
CA Lake;CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA 16.1
177 CA Placer; CA Sacramento; CA Yolo
Non-SMSA Counties 14.3
CA Butte; CA Colusa; CA El Dorado; CA Glenn;CA Nevada; CA Sierra; CA Sutter;CA Yuba
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador;CA Calaveras; CA Mariposa; CA Merced;CA Tuolumne
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA 19.1
179 CA Kern
2840 Fresno, CA 6.1
CA Fresno
Non-SMSA Counties: 3.6
CA Kings; CA Madera; CA Tulare
For each July during which work is performed under the contract, you and each non
material-supplier subcontractor with a subcontract of $10,000 or more must complete Form
FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM-EXHIBIT"A"
NOVEMBER 2014 PAGE 17
35
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
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM-EXHIBIT"A"
NOVEMBER 2014 PAGE 18
36
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is
administered in a way consistent with the equal employment responsibilities of Federal-aid highway
construction contracts
Obtain the State's approval for your training program before you start work involving the classification covered
by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in
lower level management positions such as office engineers, estimators, and timekeepers if the training is
oriented toward construction applications. Training is allowed in the laborer classification if significant and
meaningful training is provided and approved by the division office. Off-site training is allowed if the training is
an integral part of an approved training program and does not make up a significant part of the overall training.
The City of Palm Springs reimburses you 80 cents per hour of training given an employee on this contract
under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at
least one of the following:
• Contribute to the cost of the training
• Provide the instruction to the apprentice or trainee
• Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or
trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work
classification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee:
1. Copy of the program you will comply with in providing the training
2. Certification showing the type and length of training satisfactorily completed
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM-EXHIBIT"A"
NOVEMBER 2014 PAGE 19
37
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" * * *
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO.07-03 AGREEMENT FORM-EXHIBIT"A"
NOVEMBER 2014 PAGE 20
38
Attachment 5
39
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5580
WITH DOKKEN ENGINEERING
BOGERT TRAIL BRIDGE REHABILITATION, CP#07-03
The following articles of Agreement No. 5580 are hereby amended to read as follows:
SECTION 2.1 Maximum contract amount is amended to Seven Hundred Eighteen Thousand
Nine Hundred Eighty-Five Dollars ($718,985.00).
SCOPE OF SERVICES (Exhibit "A"1— Exhibit "A" is amended as follows:
Add Phase 2, Task 4.0 Design Support During Construction.
See the attached Exhibit "A".
SCHEDULE OF COMPENSATION (Exhibit "C')— Exhibit "C is amended as follows:
Add Phase 2, Task 4.0 Design Support During Construction.
See the attached revised Exhibit "C'.
SCHEDULE OF PERFORMANCE (Exhibit "D")— Exhibit "D" is amended as follows:
Add Phase 2, Task 4.0 Design Support During Construction.
See the attached Exhibit"D".
Purchase Order Number(s): 0000784
Agreement Number: 5580
Original City Council Approval: November 14, 2007
Original Contract Amount: $ 610,545
Amount of Previous Increase(s) $ 8,440
Amount of This Increase $ 100,000
Amended Total: $ 718,985
Account Number(s): 134-4498-50244 $11,470
261-4491-50244 $88,530
SIGNATURES ON LAST PAGE
40
1
Except as specifically amended by this Amendment No. 2, all terms and provisions of
—Agreement No. 5580 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
By:
City Clerk By:
City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: DOKKEN ENGINEERING
Check one:—Individual—Partnership X Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice
President.The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
Financial Officer).
By: By:
Notarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst treasurer or Chief Financial Officer
Name: Name:
Title: Title:
41
EXHIBIT"A"
SCOPE OF SERVICES
Add Phase 2 — Task 4.0 Design Support During Construction as follows:
TASK 4.0 DESIGN SUPPORT DURING CONSTRUCTION
Task 4.1 — Bidding Support Services
Consultant shall assist the City and construction management team during the
construction bidding. Consultant anticipates that the City will administer and coordinate
the bidding procedures for the project. Work associated with this task will include:
• Attending a pre-bid meeting to answer questions from perspective bidders.
• Supporting the City during the bidding process by addressing Contractor inquiries
and issuing addenda if required as the result of bidder inquiries.
• Review the bids after all have been opened.
Task 4.2—Engineering Services
Consultant will be available during construction to respond to questions specifically
related to the design plans and specifications and provide clarification when requested.
As part of this task, Consultant will:
• Attend the project pre-construction meeting.
• Provide consultation and interpretation of construction documents, including
responding to Requests for Information (RFIs)from the Contractor, as required.
• Be available to visit to the jobsite for on-site review of construction progress and
attend construction meetings as requested by the City to resolve any
discrepancies in the contract documents. Dokken Engineering shall bring to the
attention of the Resident Engineer any defects or deficiencies in the work by the
construction contractor which the Consultant may observe.
• Review and comment on contract change orders.
• Prepare plan revisions as necessitated by contract change orders.
• Review submittals and bridge shop plan drawings submitted by the Contractor.
Submittal reviews and shop plan reviews shall be completed within 1 week of
receipt.
• Deliver to City within two months of completion of project construction, the final
"As-Built" plans in electronic format using 'red-lined" drawings from the Resident
Engineer. It is assumed that the contractor provides redlines of design changes
that were made in the field.
42
Task 4.3—Architectural Services
The Architect will provide a material prototype (approx. 17 feet x 2 feet) for the relief
pattern on the bridge parapet. Because the relief pattern repeats, one prototype will be
provided, from which molds or forms can be derived. Material for the prototype will be
coordinated with the form liner manufacturer.
The Architect will provide a material prototype for the basket weave relief pattern located
on the bridge monuments. Prototype material and size will be coordinated with the form
liner manufacturer.
The Architect will supply one small metal medallion prototype and one large metal
medallion prototype for the bridge parapet and wingwalls for fabrication and installation
by the Contractor.
The Architect will review and approve color samples for the bridge stain and railing paint.
Review and approval will include one trip to the site to assess the samples on site with
as-built elements and the bridge surroundings.
The Architect will provide a material prototype for the patterns to be stamped into the
sidewalk on the bridge. Because the pattern repeats, one prototype will be provided.
Material for the prototype will be coordinated with the stamp/form liner manufacturer.
Task 4.4— Environmental Services
Consultant's environmental staff will hold a training session to educate construction
workers and Construction Management (CM) staff of sensitive environmental resources,
conduct any necessary bird nesting surveys, and coordinate with permitting agencies
(this includes renewing permits and fulfilling all reporting requirements). The
environmental staff will periodically be onsite to assist in delineating ESA in the field,
check cleaned equipment prior to initial entry onsite, monitor the crew during "substantial
construction activities' (per the Biological Opinion), assist crews in salvaging native
woody shrubs, monitor clearing and grubbing, inspect any imported fill, oversee
implementation of the re-vegetation plan, and ensure general compliance with the
Environmental Commitments Record (ECR). This work does not include any oversight
for the 5 years of weeding.
Task 4.5—Pre-Construction Clearing and Grubbing
Consultant will provide clearing and grubbing services on the project site prior to the
start of construction in order to minimize the chance of bird nests forming prior to the
start of construction. Prior to construction, Consultant staff will visit the project site up to
three times per week to search for partially formed nests on the bridge structure.
Partially formed nests will be removed. All work will be performed in compliance with the
approved environmental documents and environmental permits. It is assumed that
construction will start on or around March 1, 2015.
END OF EXHIBIT"A"
43
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to
Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per
task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon
completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum
task item fee until completion of such task item as determined by the Contract Officer. Each request for
payment shall contain Contractor's statement of the work or tasks completed or portion performed, with
supporting documentation. The determination of payment due shall be made based upon the
reasonable judgment of the Contract Officer.
Task Total
Lump Sum
PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES
Task 1.0, Project Management
Task 1.1, Project Meetings $19,845.00
Task 1.2, Proiect Reports $2,160.00
Task 2.0, Planning and Project Development
Task 2.1, Research and Data Gathering $3,440.00
Task 2.2, Surveys $19,360.00
Task 2.3, Hydraulic & Scour Report $13,220.00
Task 3.0, Preliminary and Concept Plans
Task 3.1, Geometric Approval Drawings $5,020.00
Task 3.2, Right-of-Way Investigations $2,540.00
Task 3.3, Structure Type Selection $6,200.00
Task 4.0, Environmental Approval
Task 4.1, Preliminary Environmental Study (PES) Form $8,030.00
Task 4.2(a), Biological Resources $33,600.00
Task 4.2(b), Cultural Resources $25,600.00
Task 4.2(c), Air Quality Report $7,060.00
Task 4.2(d), Noise Analysis $7,900.00
Task 4.2(e), Initial Site Assessment (ISA) $11,920.00
Task 4.2(f), Water Quality Assessment $7,820.00
Task 4.2(g), Location Hydraulic Study $7,820.00
Task 4.2(h), Biological Assessment (optional) $13,030.00
Task 4.2(i), Section 7 Consultation (optional) $8,550.00
Task 4.20), Focused Survey - Casey's June Beetle (optional) $8,580.00
Task 4.3, Environmental Document
Task 4.3(a), Draft Environmental Document $22,920.00
Task 4.3(b), Respond to Comments/Obtain Approval $26,850.00
Task 4.3(c), Mitigation Monitoring Plan $3,760.00
Task 4.3(d), Final Administrative Record $1,870.00
Phase 1 Subtotal $267,095.00
EXHIBIT"C"
(Continued Next Page)
44
EXHIBIT"C"
SCHEDULE OF COMPENSATION
Task Total
Lump Sum
PHASE 2 - CIVIL ENGINEERING DESIGN
Task 1.0, Final Design Reports and Studies
Task 1.1, Geotechnical Design Report $50,000.00
Task 2.0, Plans, Specifications & Estimate (PS&E)
Task 2.1, Utility Coordination $4,000.00
Task 2.2, RCFC Coordination $7,010.00
Task 2.3, 35% Details $72,060.00
Task 2.4, 60% Details $78,770.00
Task 2.5, 95% PS&E $83,190.00
Task 2.6, 100% PS&E $13,480.00
Task 2.7, Bridge Aesthetic Design $16,000.00
Task 3.0, Environmental Permitting
Task 3.1a, Section 401 Water Quality Certification $14,600.00
Task 3.1 b, Sestien 1602 Streambed A',teFatien Agreement $=19,660.00
Task 3.1c, Section 404 Permit $12 780.00
Task 4.1, Bidding Support Services $3,500.00
Task 4.2, Engineering Services $35,000.00
Task 4.3, Architectural Services $27,500.00
Task 4.4, Environmental Services $20,000.00
Task 4.5, Pre-Construction Clearing and Grubbing $14,000.00
Phase 2 Subtotal $451,890.00
Grand Total of Contract $718,985.00
END OF EXHIBIT "C"
45
EXHIBIT"D"
SCHEDULE OF PERFORMANCE
The following is added to Exhibit"D", Schedule of Performance:
Phase 2, Task 4.0 — Design Support During Construction shall begin after Council approval of the
amended contract and the issuance of a Notice to Proceed for a period of 225 working days thereafter or
when the project is closed out and accepted by Caltrans.
END OF EXHIBIT"D"
46
Attachment 6
47
RECEIVED
Notice of Exemption JAN 19 2010 Farm D
To: OfEce of Planning and Research From: (Public Agency) City Of,Palm,Springs
P.O. Box 3044, Room 212 3200 E.Tahquitz Canyon Way
Sacramento, CA 95812-3044 --------.-,.........
Palm Springs, CA 92262
County Clerk -
County of Riverside
2724 Gateway Drive
Riverside, CA 92507
Project Tide: Bogert_Trail Bridge-Rehabilitation Project - '
Proj Let Location-Specific:
Bridge over the South Palm Canyon Wash on Bogert Trail approximately 314 of a mile east of the Intersection with
South Palm Canyon Drive in the City of Palm Springs, Riverside County.
Project Location—City: PalmSpnngs Project Location--County: Riverside
Description of Nature.Purpose and Beneficiaries of Project:
The existing Bogert Trail Bridge(M-0311)is a four span precasl-prestressed concrete(girder bridge approximately 322'long and 33'wide with reinforced concrete pier
walls supported on concrete piles. The existing bridge's classified as functionally obsolete due to the narrow width,and has a sufficiency rating of 62.8. To provide full
standard traffic lanes and shoulders which will match the current roadway width to both the east and the west,the bridge will be widened on both sides to a new total width
of 52'. Other repairs to the bridge will include the replacement of the abutment seals,replacement of the beating pads to accommodate the movement rating,and vaious
crack and spall repairs. In addition,it will be vaulted that both the existing and new footings are located sufficiently deep. If needed,appropriate scour countermeasures
will be designed and added to the project to avoid any negative impacts due to scour. It is not anticipated that permanent right of way will be required.
Name of Public Agency Approving Project: City of Palm Springs _.. _.._
Name of Person or Agency Carrying Out Project: Public Works Department
Bxeinpt Status: (check one)
❑ Ministerial(See,2 1080(b)(I); 15208);
❑ Declared L'mergency(Sec.210801.b)13); 15269(a));
❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
I� Categorical Exemption.State type and section number Section 15301 (Glass 1)
.._..._.-.---- .-_.__......___._._..,
❑ Statutory Exemptions. State code number:
Reasons why project is csempt:
Section 15301 (Class 1)includes the repair,maintenance,or minor alteration of existing structures involving negligible or no
expansion of use beyon that existing at the time of the lead agency's determination. The proposed project would widen the existing
Bogert Trail bridge in order to improve safety,but the project would not change the use of the existing bridge(no additional travel
lanes,no major improvements,etc.)
Lead Agency Marcus Fuller (760) 323-8253
Contact Person: _ Area Codelfelephooc/Extension
If filed by applicant:
1.Attach certified document of exemption finding.
2.Has a Notice of Exemption been/)ild by the public agency approving the protect? ❑ Yen ❑No
W,m ue l r/ 1"gyp f /�i, snloc ,rWubiu W.*s Ass QtyErgheer
Signature; -U-�2X -�' .lf ..a..,��.:�.._.._. Date: ��r _.._7..... Title:
X Signed by Lead Agency
Date received for filing at OPR._ W____. ..._.._... ..
....
❑ Signed g by A pplicant ... Revised 2005
'28
48
Attachment 7
49
CATEGORICAL EXEMPTIONI CATEGORICAL EXCLUSION DETERMINATION FORM
iPY,#te�.#'airn 4 riFi � SKO $282(026)
,F .�.._. ., . _....,_._. _. ,.,,__m_._,
C1=_A-8c -Flik_f x zucst..".grstsly'F T'_lhtp A� E b t,"a",3r�ptPs?rn, �ni}+.rr AI!Praxva P9�.71 rac.�.!R^�Irsiy�qa�Y+W.
PROJECT DESCRIPTION.
iflrix� wr.„-b! r rr.$, rru5r ItA..at1}g Irxffa Yi-+J$�n.v rEt lr`,larcl ill 3t:ar tlh xll+lc,3
,t-ahY,Cm}xtr'det5cnph,,vsl�phtSlJr.:N_ LA%t,�'iPintv3PYr+tSn zt itnrvexrrnvp t
1 hAl amC+r�ys;.E?os Hndyc-i5•v ,tii'iis ab.�s s�*'re9S:.,+"1=rb diys..ixi$'1�}+%*`NN s-�avl+rr c+�+�,c Tha c;*zu;�4r�gx is r,�.tiatl m;'!„�+_kmttle
aasr�,ale.r a Y:rx��;,,9,,xzx..r ry�nrq,i rr,;Y_ ?a P+`='✓�"t�s_ry.yntlort'-�-aNr iaa�s a t•txriticr..ux'sra�,.T.vAd endc.r, ++.:.rise=_ -;<eairzl'r++��r
{x',g4r,ia cat<o.-d9tm m•�;,6he 6ntl9e xtx tx;a der�d ca�s�Y sl9c:Pa 4:mx.traial we9lh cl 4e: T rrc�lrlp rrr.!G �5 .#�'allc'rr.r�,y }.cmfiz'ull
rca2awAxp'w§tliB�n lhM c..r�llrp tkidgR w,aittFrr.'#.9tn�✓.a'rd rd asmare3gi".xJM�.'+swes+a^6'I ylr, he en:8 fv-i zan�vnnmar n[ra ml:iursWr.
6irng<rp qte' +=aDY I.s tut r.wal dth sea rxa�tlortnu,p le l6a.mlwsuetl heG�c LA vet "i tto :rigwlr..a;+=1��e4piv r r+r cc aas�.,w✓x
" s31 aF�'^r"�'1�>s+'a G Etrn'1% ar,'d d a arMl;C.W4'�pNiea a wd 9oPn.�ei� G ur ctNx _ass'e, (v a3]ttcr 4 eft to t'G= d a
irae rr ra� "r•rsw xre / ,ire�;it rlrl tic,nnvrq�C We*n+25^ Kj7rolwaf 'v1Jl�9 tTr rr ,a.ezj
CEQA COMPLIANCE
$aSer1 un ar mxarmm�lrcy,CP lh,C„r�;a3.:;ap�1d1�altprFltattgr;,&ed�"a r�111w.nar,�s1dt0,hl^XalS.EGnc 13 Ct.R 1",f(s;eS Sey.}
`t Otis prnind 1a115 v txn exv,�Cf,lafi5;,4,5,E.or 11.it iac-$ia)t muar.1 Art en`:+rir rre+ d.:-ttzn::ren-of halartli,5 rn ma
{ir✓'xf14,±twra ttr5dig.9CLYi.prKi.i:rTP.PY ire Gt1� JrvS,�€?icidlly adGgfe6lxaf5tk3nl W':atX
TtY n Kill m2f Ca a urjrAcanl thin pvje[t smv stK z .u[Fi' +;erSS Set ltsc silno type,rr st:.t .,arrr. fs,sr,?,nvr„•
parr.
: 7bE<e is 401 a NeaNufmldiv,WNsitsity Iha;the rrnPix'.,wo Nivrii a slg+ fs'ant xtlte(A:»INa 91tt-3.'t7Is1T t7hl dLx'31 un:..3miP
tlrtum5larycd,�,
. "#ni5 pmJ�ldc�s.-gtd�r!.agaa;rc�i4 rw5cmrea shllYU-.nn n16u:3�r`+'�Tir,�a5tod xr,3tr 5�nit:iw}M�ray
This prof a:t.i5 got rrat@T in a site iiy UJed rN,;triy 431 cWtViled galnx.,ara C1 Gee t.ndr. pti5„N,i.'I 5 S"C•:xta5e.L€;I"j.
+ }bis prgtect CIC�@5x1o1 chaust a SUCAP3nti36 admvxe:7>Airxje in the xn-,quficar&R pi a hi&A?r y'.d re4at.x"1X+.
CALTRANS CEQA DETERMINATION (r;hcrA r�m) -
L-1 Exempt by Statute.tpRC21i1SIXro; t d CCR 13213.!&rcxl,l
Based! ;in sed!on enaminatmn of tics arop�jai -uppi ririg mtrinadm.aril thrs,-rixxre slatr'avr�i Is. Ire to ova
C7 i t
Categorically Exempt.Class ilerbC 2105A,, 14 CCR 15100 ew se'.k i
C1 Catcg00cally Exunlpt. General Rule exempffion. nN fali witlyn an exa-mpi crass.c+it:t t'+ -a wea;w vrCr
r}:namty't`at11 rra i57r;EgsslGllly that the a+AiFilynity7`12-."c ^IS+Tnfinnme eitrs;:rnn Ih�cro;irsnrr T,t :f-,R- rt✓'ssY:Gl( i7
NfA WA
Print Kame EfNifoiimofilal Bra ch C!IPe f ptir.Nwi"e.F'r,a y 67 n2>,grllLF Lt�Ir+F'r3r _____........—
N/A NIA
Signature Crate 5intu e Oatg ;
NEPA CON#P IAN E
In arr,drcl,nw,. with s:1 CFR 771 1'7,Inv taW,Gn an exarnir)abai4&this proposal nil x.t,pperting W,nmsatan,MO.clxc{.*ltas.
det@rmrrlrxt Ih9t I1*s8 wqe ,:
. does a'at�Yr§,gdu9flyor[a>rnr#�Irv.dg 3yvcasryrvdFahtimgesttrn°rut ens+kp{an�{n1.3&�retirrad G)'NE PA S'tlM i69wUts1€ki 6srrnY ilre
r�uitemrnes topr-sparer aua ixnavtrnmsntai Asse�s'rsnt iE+.i of ErwiivusYwtal l�>~Tlscl St.itz!inrnl i1;i=�),s,rn1
• haw5 S�+*.Se-int9r}!R1r.�ir11 r}rr,VrtxSPenrag3{ei#5Fs9nS.tG 2�CFR 771.127iG1
tit ha,"r+r'tN>C!)yta 1. flw,Yl> at777.Mm.acc_'Pi.!17i.
In rain aCainment at yaras r[ir Federal Art 4;ia}ty statt::ai=1s..Me pmjj l is r.iltim saIAMW firm avr c;s,fniq,r
•rtrsirer'iierrtY.tar rranGrniky arraayz:�R-rs term cnnpletnd pasrstrant P�i€'�,4 i:�. - a`'i� rk 7,w 4{._GFR.9s.
CALTRANS NEPA QET9ftNjHajV2ft fCtaick me;
Sectien rfre-Shrt>n ha,ccrxl:rsrgnsld.anti nan;lry r�dfirro trrsl ir,tas carrx?d rw.t1+ri lestlat+�bi<1v w make Ih::
rhtivrri"saatir'a,.pussu ant W Q137aar 3(,i Title 23.Untied States Co6e :'r ITO s 326 and a h'Ienrlor0,r6urn izr:;rlCwrslbrzlir�j..Imu-.)
dawd Jursa 7,2007,ereculM tisrove-en ttre FHWA.iind the Spalt,- The State nim n siorrmrfi E Hia'the(,rvirct is I GatcaagncA
Eu:.'I:r:aun r(atr:
• :Y CFR t°71.it?1c'7 a liwity 9cA:...,.,7
' 23 C: R 771:a 111,j):10AirV(dV,,j,7
• Ax-moty_,mm 4ri o in this Mt4U peamist@n FHWA and the Stata
Section 8095; L 6Ek+]bf€8fl&xiinrlPrd'Gw161 PHS iNilgitt5 'grid sr trx8rry Irx�ittmaHin. the.itaiq ha ('igt�1RNV1fk7 iPtat lha,ryt�grl
N a CE vrTow ae tim 6W5 of<&€$u C 327.
, e ;
Aaron Buillpn
F'nrrt^4rn+A EroelPdasRaEMx1f BtH,,,7i Cructt Pnall N .,���-{-�nc�I f t�r jusanr
3igrrnnlrr: Dm .",.i:,polorr (]a1g..
9sinlly fist gnvir,ruut:n4al rrapnersknr2nt5 an rY+t. lu3C+on 5hEet Retefel'h^6�9dlltvn:Y 6lfOfflCflk•3f6 xis.a�rc�rw&:se S, air gicaflty ___
HtUs R.doraunelrtat7 1.Of aXtrrft9Knily exenipHora:FH41:.A'cxifnrms[y dr,#ermnaMnn tF'-Hrt,'ixui€b l:', pn 1,§1:76 naaAaSrkRerit5. tfl.
§7 ms ;W llands Firming;FkxusA�an�,n:#n53,addihdral 5fildasa;and 6esgitt,ecardltsAr5l Revised Seldbernbtr 45, 2004
V'au4 I eti 1
50
CATEGORICAL EXEMPT110NIC ATE GORICAI EXCLUSION DETERMINATION FORM
Continual6on Shea
BttL O 52E21026)
T __._ ....._._,_ „
Ctis2.=fi.,�-F?3e_{ar Lt1c.ILMgr;r yi F.UP hi art ,dale pmt�dr fL>✓rE!ralsd pf'DI"'k0
watt Routos to schools
Mt I Cat Iy;tPYTi' N—1
41, Iwfdi& n fumllogAasly�rtr��xlere bridge Fit Ilc�ca,tru€mthel:e xiarlI swi.,;Wd
• La,lr*e,
m yr,t�Tile'+ut&lV0cY`All€l ai the bI� It haw a.auffic rrwc Fat illy at 5:A
* All eenslouctien nark will be done within t1 Lximbrq!,eight o w .y.
k3100.)(ACAL ti7'ODY
y A Namrat Inc;ref.mcmSwdvfm11.lukl1Impact'OIN'IrsiMIIIwil app;ove'!tvquiliiod(, lwans,[Aff on
i,ufla;>e ' . _T�.��- the icjlir,.r�latg utc�s:rra s1:a93 be vnrplm7xnatcd to:rw-void inrlxiu4 t<, �:¢vci rse.�l t„s~'•u:al
Its'.Bi:ml'YtCS
Wvhins!vbum Pinit.:ter flenslllwc H;onlal:
1. Ftrrjerl limil:will be xlbkmd by Yhr-praircl auru�lu trnaain GttrssrnlctXan acGelbae tcittin tra =.nattt
viurilaria9.L:MiStltctCYl rill ot'dy u±[z;ue wdxin file pr0p�tyeo taltal=3t=jrn Yu4'-':Cr iP't.
2- S: nsilwe la ek&cutsi le the EVupaa6ad +6,,eU tc�,,a wll be desig"alSJ as fnaearm enl F .r liar 7va;xs�,gSM,I
le be an ir,ml in roll%rrsnpnii,r§file pnlentil imp.7rbs Nxi nearby h4bilAt. :bass vg..;.;,ill be irnGet*.-.t by;hb
utie 0 fkvirx,hr:r,.atluS wf i&iufllr 11mogtkad lNe iluralaari snr the trot a.
i `l t!V0 r mi Y&y wily be removed dfM_r pre cw;Mz:i0an l'nit yk icl l&lri.!;«r 1'iv!be r;:13-nplr rsJ a.rl Anffl
sam�*. w t1rSa.ann ON Spew=.are rtmt t Ading Mthin thJ mmer, ya o -T r,ict.Vern pci mjb+e.ohmjbs
wy11.c two oec am left in the-grooms i artier la atkyw irr>cvk~a*lalko -hlhee ihmn ml dt?•An r.r rmg UG-.10
cant-,,rue eneling desert E1rY'Mash ati dews:oil"suut,ratcai,
3. NI I parinn 'aes,vrrlutlirrf 0asvt.01100.r,,to reri%nea by if�veer .++<.:L-�mit¢,ga1aij=.t a I Laths
iteptaahtrtA,VW!Ucvar are IFw-&'le-
7. Co wi111 the Yiivef"e CL:ft y F<KA CG)rlirfA at-loCt SrIS1.7y veritkVleu IV ddiefrrvk'e the iGcatrlme auld
sMtug of wgregon nxnr}r:40TViti@s for%;hanr+.l mai✓A;LnCsi prior to ecirtraurbn?any m .gtvary rmw-rjelal}:m
.Siinmz:apcm l!I,Xi lur,^;mwiP+ii,play'-',['
d Depmwiftq Pmc 11w rd,,%FAA*at Ytsd rc^ mdraiset mre plain surveys to bry enld=.rcteci dmr-q A gr.arry,.t s"sc a
l M?brualy MrOLO May)p"wwirtj r,0T,*1 fGwn,a4w0r`r.:p *r.:;,wes map or may not to
rrRwred'!,Y apvrt:iab6t++tuti piasrt gpepg.%in the bxGi; is area-&Coao nit i f,0"m ii,aVeiim ix any ullw litlefi
plain Speu es Are kica3led rt)#tN pr e+`t 3rEt3.a sKlion 70 19ulielim may be 1e ArE'Wiff ttat ap4trt:plriaL.
aclw anti WSPNS,endkrr COFG).Other r tfimmor-b;miry at^w be na 44 mry urdw a fivili i:cd C.oacnnAa
S`63f¢ay"t&it-S31fstws Kabibil coneervmfio Rue,
fAlrw f,z3liw EYtdrls for SGtY�tal`E fyns'nalS.
€1 pwkiiing on M#f m5aits iie the ree*rnm%0Fa1:X,0FiY TFe34mg tarts*,imeya to Off mnoirrded pmor in am,rpn-mir.Gnn
actrvides, avoidanee artr'llbt minintisation rueaeufes awry be nectisary in alder 10 plAralrt n"rect zak� of cnshubarrce 01
artw'a h1n7 n le Or'0thclr servsltiue 5pm7e9 N.€l$Iin the ptcy9[9 3ra3. The frsll tar}a}lliyra7lx&35 py'Ge trz;?t1 in nrder to
QniNlam t. ch zakt
i- I om,g cd blr&l,t(Hnl:e,W OlF o heA d'tl.8 Wueilan 3GYE>AIES StQll WCbtl-,'1°-e refl0val Of 0"WiaY slat+Ur LLY?)Oer
'llugt)rt+tinG6=i SUt'r-*d4 igi5ry that may S#shrb preh;ckazd 3#zrxFp83€tr,lrw�9 fhM„hrrl h'C rolln.],:mas,x, Adidlinnatly,
vertelffaatn wit wilxtaMy 00 fenioved tietween Foe"all mfousp Mnter Kirin i inflow-bird sw-ice. .:Ac rot t e
ltrientuwFig(*-septcrnth2r llxnugh.lamlwv;
k '$t Dina€xxlmrUrben,a yDi,rr hit"en FWrualy 1 and eluguat 31,a prrsrn.minacittol np:mrrq bN.i s:lrvgy shad be
$:: djcted Mitt*3(fda"preceding any GbllsYhllawfl ac ilvilieo. in the wont.itiaC 1 osurq dies are kxdw
w k hin the pnxr'acR mea.Rppr;;pnat4 ayfwRli rce and=r'.a7 siphon»+tl Glc dti+;rmirgo a:,appro,00.'i;
:F.e'I'34ltalk.Ffl5 will"I COFFi eed(ar USMS to Assure e>arnpharar twill)stale and tedwar wgL`atittE s
51
CATEGORICAL EXEMPTIONJCATEGORICAL EXCLUSION OETERMINATION FORM
CantjrvuqVia,n She�t.
1i S1011DVI a10 o1hi-If lf,51 re-T�.VAI ,hToi eovy hc r,rw cwio tme owt�'tper4*nn ci a('errs` wDfj N010! &I
�h-,uawiog rw g1fKje,71v%flnv-d*Appel:diy C.s sitwE.hali be tirreIml to ltte bmi rio, co-45q,,
to. .1 ricnl8 mn,kn;rw io ivc Prqw-a arm, ;in mpmrrjm,,VP KifIrr mric -II he m3lif"l, It-*]fl�I by a
Q�lifiw wam,l rop bit'qf 015ta"Kj Wit OP rcot0qi0m W iI j"W'S.GIDF-Is,xtd the
city,Ai PAM Sm
11, 0 it+'oas bf� n oakrzreivmd Ihw—i rim t nfrmrq within:w 1,30 nt 11'%3
a ffwroW'AIII be ere',`U t ILI UntAklf VW 1i121 WrMractUl
n-4*Q Im 11 M r a
t2, d Constronr4l)acr,t)e", pafltcj ar"-ralsfi pfodia-Plq alt"A85(a P. 11'ameeeog
JITQAh AAqr;.c5 311, a�-ijftr eorc veil be osiaHishvA arl*"Any,of-wrm migmtnry
virs,kird ntl&t faev w Lfe-.dv1-,y PAt?,Lqflwy iilzu br�,:f Am�J a ifw cDrr,
n3nL)rarq%il�,jr 1 pfq f) I.ie oicentot OAS thulto ZoNj wIl he tlsUoksl*d MW
JU-NG CDFG wd the:Cil{at PiA-,n Sorvgs.
I rXnmrartior Wicrt hmtt ier dw.mmincyi svoogh mwittrimy to tt RY -i oioxn� �at dv�t ir. c5 W1 wl) q n t
11"B"werl d0tvrlloewj 6Y a WAVE
14, Ai lyc"-a I:tersoaod be educated feflatdOg V*wil&le s4�6e osme 1w H* a,ea Dliix W zAsetA
Gr Kear"vnnpemc,1nrj arp in horii Mw Won,"fl ot,in oigrarxy
�uiyjbgd nest at 500 A ol a rayrRif ne9A wjo%e ju-fmriee�-.to&,tej try Ilia pojac WQ;,;vi8-
�5, -U irifn,o,14C gif"uUT-d diMumaml�,Anj eulenwi to Impacts tc• 3ieov6,euLbe!mlits, MIYJd c71Wina,
an(For rquivaieni wri he plw,,W in the cnaring!Pr-)f to OAlstnic-'*A r,�to nq the;fbonY4 An ground
pmtectynn rrayerims w,ftl will Wfiuifie9 now.nonrjJ(-Icrt
%,ectlon I h02 Slfejzrjbvcl Alttianon Aigivew,'m
Stufton 404 Nationwide Permit
NPD1--s Peanut
UAZWOYAJSWAtIL ISA
ginlial"the AsticNsrncnt i ISA)on Ni'vonbuT 13, )00X
AiR
• U21�ifowucntal Lng1worlig 1,kpatimcnt rcvrew,-d the project thx tfw pfq,oa falIN under thr
category of Exempt Projcos 16wted as"bs.,Ycic and pMemrion I'acihoes"'m [ablc ' 440C::IK93,126
I'labic I
Notsi:
proj o and no no;w ysrudict
wni be reqw.mcl I+oweveT.dut!W 0" prcTos"J 4nro3ri:4's prnxmu vv to wv<,wTw1jvT land use.the
CAxnft`;W.ral 411,J11 C-111TIPly%61�ail local -soorld rontrO and ormNr ievel rules,inovi&t] ul the-r`+ouml Cohn fd
Requirew,rug and 4,ineqa3 pWvi.jicate. Plea,14e now It=Section 7-1,011 afific S',undaid Specificalaotis hA&
6eefl tephicod With SOLAioa 14-9,02,
CUI TURAL ST1-,'F)Y
0 1110 lhlont Pt, SNUN y kep(ql 4111PSIZI wa,�applDved en Au4uit 18. 2004
HYDRAULK'S
• I he 1,ocatron lfvdTaulic, Slady wa� approved on Seplembcr .1h,2109,
• TW, Hin(*44ne tvaWwrmt Rv.pors Summary w-.4%4PPTQVVkf on Svieernbel -1001)
52
NEPA/CEQA RE-VALIDATION FORM
DIST.ICOJRTE. 08-RIV-City of Palm Springs
PM/PM
E.A.or Fed-Aid Project No. BHLO 5282 026
Other Project No.(specify) j
PROJECTTITLE Bogert Trail Bridge !
ENVIRONMENTAL CE
APPROVAL TYPE
DATE APPROVED 2/23/2010
Check reason for consultation:
REASON FOR ❑Project proceeding to next major federal approval
CONSULTATION NChange in scope,setting, effects,mitigation measures,requirements
(23 CFR 771.129) y
03 year timeline(EIS only)ElNA Re.Validation for CEQA only) t
DESCRIPTION OF BrieRy describe the changed conditions or new information on page 2.Append continuation
CHANGED CONDITIONS sheet(s)as necessary. Include a revised Environmental Commitments Record(ECR)when
applicable �J
NEPA CONCLUSION - VALIDITY
Based on an examination of the changed conditions and supporting information:[Check ONE of the three statements below,
regarding the validity of the original document1determima8on(23 CFR 771.129), It document is no longer valid, indicate whether
additional public review is warranted and whether the type of environmental document will be elevated.]
❑ The original environmental document or CE remains valid. No further documentation will be prepared.
N The original environmental document or CE is in need of updating;further documentation has been prepared an
N is included on the continuation sheet(s)or❑ is attached.With this additional documentation,the original ED
or CE remains valid.
Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
❑ The original document or CE is no longer valid.
Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
Supplemental environmental document is needed. Yes❑ No❑
New environmental document is needed. Yes❑ No❑ (If"Yes,"siyecif ypg:
CONCURRENCE,WITH NEPA CONCLUSION pr P
I concur with the PEPA concfuicizi oya_
"'$IgnaG f, ra Environmental rich Chief Date Signature Project ManagarlDLAE De e
CEQA CONCLUSION : (Only mandated forprojects on the State Highway System.)
Based on an examination of the changed conditions and supporting information,the following conclusion has been reached
regarding appropriate CEQA documentation: (Check ONE of the five statements below,indicating whether any additional
documentation will be prepared,and if so, what kind.If additional documentation is prepared,attach a copy of this signed form and
any continuation sheets.)
❑ Original document remains valid. No further documentation is necessary.
❑ Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be ❑ prepared and is ❑ included on the continuation sheets or ❑ will be attached. It need
not be circulated for public review.(CEQA Guidelines,§15164)
❑ Changes are substantial,but only minor additions or changes are necessary to make the previous document
adequate. A Supplemental environmental document will be prepared,and it will be circulated for public review.
(CEQA Guidelines,§15163)
❑ Changes are substantial,and major revisions to the current document are necessary. A Subsequent
environmental document will be prepared,and it will be circulated for public review.(CEQA Guidelines, §15162)
(Specify type of subsequent document, e.g., Subsequent FEIR)
❑ The CE is no longer valid. New CE is needed. Yes❑ No❑
CONCURRENCE WITH CEQA CONCLUSION
I concur with the CEQA conclusion above.
Not ADDlicable_ Not A II> cable_
Signature:Environmental Branch Chief Dale Signature.Project Manager Date 53
Paee 1 of 6 ReviwdJune 2011
NEPA/CEQA RE-VALIDATION FORM
CONTINUATION SHEET(S)
Address only substantial changes or substantial new information since approval of the original document
and only those areas that are applicable. Use the list below as section headings as they apply to the
project change(s). Use as much or as little space as needed to adequately address the project
change(s) and the associated impacts, minimization, avoidance and/or mitigation measures, if any.
Changes in project design, e.g., substantial scope change;a new alternative; change in project
alignment
Not Applicable
Changes in environmental setting, e.g., new development affecting traffic or air quality;
Not Applicable
Changes in environmental circumstances, e.g., a new law or regulation;change in the status of a
listed species.
On July 8, 2009 the United States Fish and Wildlife Service (USFWS) proposed to list the Casey's June
beetle (Dinacoma caseyi). Since this project has the potential to impact this species coordination with
USFWS and Army Corp of Engineers (ACOE) took place resulting on the determination that a
Conference Assessment(CA)for this species was required. Surveys for the Casey's June beetle took
place yielding the presence of this species within the project footprint. Several Coordination meetings
with USFWS took place to determine adequate avoidance, minimization, and mitigation measures to
protect the species. The CA was submitted to USFWS issued a Conference Opinion (CO)for this
project. It is also determined that this project is not likely to jeopardize the continued existence of the
Casey's June beetle and is not likely to destroy or adversely modify proposed critical habitat for the
species.
Changes to environmental impacts of the project,e.g., a new type of impact, or a change in the
magnitude of an existing impact.
Changes to avoidance, minimization, and/or mitigation measures since the environmental
document was approved.
The following are additional avoidance and minimization measures that are to be included into the CE
and ECR of the Bogert Trail Bridge Project; BHLO 5282 (026):
Minimization Measures and Onsite Restoration of Casey's June Beetle Habitat
A minimum of 0.29 he (0.72 ac) of restoration of Casey's June beetle habitat would be performed on the
Project site within Palm Canyon Wash in areas that would be temporarily affected by the Project. These
activities would include the following measures:
• To reduce potential temporary effects to animals (including Casey's June beetle) during
construction, work will only be conducted during daylight hours;
• To minimize potential impacts to Casey's June beetle within the Project action area, no roadway
lighting will be installed. Construction work would not be conducted at night. The project will
not generate any new permanent light sources;
_- 54
Paec 2 of 6 Revised June 2011
NEPA/CEQA RE-VALIDATION FORM
• Standard construction Best Management Practices (BMPs) will be utilized for construction in
Palm Canyon Wash;
• The Project boundaries that are located in the wash will be clearly marked by silt fencing,
stakes, or some equivalent such as what Caltrans refers to as "ESA fencing;
• Sail disturbance and compaction will be minimized as feasible in the wash;
• A qualified bio monitor will be selected and will be present during substantial construction
activities in the wash;
• A conceptual restoration plan will be developed for the temporary disturbance area. The plan
will be reviewed and approved by the Service prior to initiation of construction;
• Native woody shrubs, located in the Project footprint in the wash, that are taller than 1.2m (4 ft)
will be salvaged. The"rootball:" of these plants will be maintained and they will immediately be
planted at the edge of the Project site in the wash in a similar location (e.g., floodplain terrace).
Replanted shrubs will be irrigated once a month for 3 months;
• Debris/waste material (e.g., old bridge deck bearing materials) will be kept out of the wash;
• Excavated fill (e.g., pier construction) will be placed on flexible mats or plates to reduce
disturbance of local soils;
• Vehicles and equipment will be washed of potential invasive plant propagules (i.e., weed seed
in dried mud removed) before entering the Project site area. The biomonitor will inspect the
washed equipment prior to entry onto the Project site;
• The Applicant will assure that any imported fill or rock is free of potential invasive plant
propagules (e.g., utilize weed-free borrow material and washed rip rap). The biomonitor will
inspect the imported fill and/or rock prior to transport onto the Project site;
• Minimal clearing, grubbing, grading, or development of access roads (compaction)will be
performed in the wash. The biomonitor will administer these activities;
• Vehicles/equipment will be parked or serviced (i.e., fluids) outside the wash only;
• The entire Project site footprint will be weeded (alien plants removed)for 5 years twice annually
following the completion of construction; and,
• Permanent signage will be installed in the site area regarding illegality of off highway vehicle
(OHV) use in the wash (e.g., sign at flood control ramp down to wash).
Offsite Conservation Enhancement and Protection of Casey's June Beetle Habitat
A minimum of 1.74-ha (4.29 ac)would be acquired and legally protected with a conservation easement
consistent with California Civil Code 815 et seq. This parcel(s) would also be ecologically enhanced.
These activities would include the following measures:
• A conservation easement will be granted to an agency or organization subject to approval of the
Service. Easement wording will be consistent with CCC 815 et seq.;
5
Page 3of 6 Revised June 2011
NEPA/CEQA RE-VALIDATION FORM
r
• This conservation easement will be recorded on a parcel (or portion of a parcel [e.g., Applicant
has suggested parcel APN 512-190-0271) in Palm Canyon Wash, in proposed critical habitat
(see Figure 3 Proposed Conservation Easement). The 1.74 he area to be protected with a
conservation easement (whole or portion of a parcel) will be on Casey's June beetle habitat
areas of soft-bottom of Palm Canyon Wash that are more than 91 m (300 ft)from the artificial
levee that currently exists along sections on the west side of the wash. A title report for the
parcel will be provided to the Service for review, and approval by the Service of the
conservation easement to be granted across the parcel will be obtained prior to recordation.
The conservation easement will be recorded within 3 months of initiation of Project construction;
• Within 3 months of recordation of the conservation easement, Carsonite or equivalent signage
will be placed along the conservation easement edge every 46 m (150 ft) indicating "Sensitive
Ecological Area—Please do not disturb" or similar wording subject to approval of the Service;
and;
• Upon recordation of a conservation easement, the entire easement will be weeded (alien plants
removed with native plants retained) for ecological enhancement, repeating twice annually for 5
years from the date of recordation of the conservation easement.
TERM AND CONDITION
In order to be exempt from the prohibitions of section 9 of the Act, the Corps, FHWA, Caltrans, and the
Applicant must comply with the following term and condition, which implements the reasonable and
prudent measure described above. This term and condition is non-discretionary.
The Corps, FHWA, Caltrans, and Applicant, including all of their agents/contractors, will implement all
biological conservation measures and/or assurances provided above in the Project description, including
compliance with the proposed Project footprint limits. The Corps, FHWA, Caltrans, and/or Applicant will
notify the Service in writing at least 2 weeks before initiation of construction of the start date for
construction activities. The Corps, FHWA, Caltrans, and Applicant will report in writing (letter report)to
the Service, monthly during Project construction until completion of construction activities, and every 6
months for conservation measures that follow construction (e.g., alien plant removal), specifically
documenting compliance with each of the measures of the Project description.
The incidental take statement provided in the conference opinion does not become effective until the
species is listed and the conference opinion is adopted as the biological opinion issued through formal
consultation. At that time,the project will be reviewed to determine whether any take of the species or its
habitat has occurred. Modifications of the opinion and incidental take statement may be appropriate to
reflect that take. No take of species or its habitat may occur between the listing of Casey's June beetle
and the adoption of the conference opinion through formal consultation, or the completion of a
subsequent formal consultation.
Changes to environmental commitments since the environmental document was approved, e.g.,
the addition of new conditions in permits or approvals. When this applies, append a revised
Environmental Commitments Record(ECR)as one of the Continuation Sheets.
Minimization Measures and Onsite Restoration of Casey's June Beetle Habitat
A minimum of 0.29 ha (0.72 ac) of restoration of Casey's June beetle habitat would be performed on the
Project site within Palm Canyon Wash in areas that would be temporarily affected by the Project. These
activities would include the following measures:
• To reduce potential temporary effects to animals (including Casey's June beetle) during
56
Paee 4 of 6 Revised June 2011
NEPA/CEOA RE-VALIDATION FORM
construction, work will only be conducted during daylight hours;
• To minimize potential impacts to Casey's June beetle within the Project action area, no roadway
lighting will be installed. Construction work would not be conducted at night. The project will
not generate any new permanent light sources;
• Standard construction Best Management Practices (BMPs) will be utilized for construction in
Palm Canyon Wash;
• The Project boundaries that are located in the wash will be clearly marked by silt fencing,
stakes, or some equivalent such as what Caltrans refers to as"ESA fencing;
• Soil disturbance and compaction will be minimized as feasible in the wash;
• A qualified bio monitor will be selected and will be present during substantial construction
activities in the wash;
• A conceptual restoration plan will be developed for the temporary disturbance area. The plan
will be reviewed and approved by the Service prior to initiation of construction;
Native woody shrubs, located in the Project footprint in the wash, that are taller than 1.2m (4 ft)
will be salvaged. The"rootball:" of these plants will be maintained and they will immediately be
planted at the edge of the Project site in the wash in a similar location(e.g., floodplain terrace).
Replanted shrubs will be irrigated once a month for 3 months;
• Debris/waste material (e.g., old bridge deck bearing materials) will be kept out of the wash;
• Excavated fill (e.g., pier construction) will be placed on flexible mats or plates to reduce
disturbance of local soils;
+ Vehicles and equipment will be washed of potential invasive plant propagules (i.e., weed seed
in dried mud removed) before entering the Project site area. The biomonitor will inspect the
washed equipment prior to entry onto the Project site;
• The Applicant will assure that any imported fill or rock is free of potential invasive plant
propagules (e.g., utilize weed-free borrow material and washed rip rap). The biomonitor will
inspect the imported fill and/or rock prior to transport onto the Project site;
• Minimal clearing, grubbing, grading, or development of access roads (compaction) will be
performed in the wash. The biomonitor will administer these activities;
• Vehicles/equipment will be parked or serviced (i.e., fluids) outside the wash only;
• The entire Project site footprint will be weeded (alien plants removed)for 5 years twice annually
following the completion of construction; and,
• Permanent signage will be installed in the site area regarding illegality of off highway vehicle
(OHV) use in the wash (e.g., sign at flood control ramp down to wash).
i
Offsite Conservation Enhancement and Protection of Casey's June Beetle Habitat
I
A minimum of 1.74-ha (4.29 ac) would be acquired and legally protected with a conservation easement
consistent with California Civil Code 815 et seq. This parcel(s) would also be ecologically enhanced.
These activities would include the following measures:
• A conservation easement will be granted to an agency or organization subject to approval of the 57
Paee 5 of 6 Revised huic 2011
NEPA/CEQA RE-VALIDATION FORM
Service. Easement wording will be consistent with CCC 815 at seq.;
• This conservation easement will be recorded on a parcel (or portion of a parcel (e.g., Applicant
has suggested parcel APN 512-190-0271) in Palm Canyon Wash, in proposed critical habitat
(see Figure 3 Proposed Conservation Easement). The 1.74 ha area to be protected with a
conservation easement (whole or portion of a parcel) will be on Casey's June beetle habitat
areas of soft-bottom of Palm Canyon Wash that are more than 91 m (300 ft) from the artificial
levee that currently exists along sections on the west side of the wash. A title report for the
parcel will be provided to the Service for review, and approval by the Service of the
conservation easement to be granted across the parcel will be obtained prior to recordation.
The conservation easement will be recorded within 3 months of initiation of Project construction;
• Within 3 months of recordation of the conservation easement, Carsonite or equivalent signage
will be placed along the conservation easement edge every 46 m (150 ft) indicating "Sensitive
Ecological Area—Please do not disturb" or similar wording subject to approval of the Service;
and;
• Upon recordation of a conservation easement, the entire easement will be weeded (alien plants
removed with native plants retained)for ecological enhancement, repeating twice annually for 5
years from the date of recordation of the conservation easement.
TERM AND CONDITION:
In order to be exempt from the prohibitions of section 9 of the Act, the Corps, FHWA, Caltrans, and the
Applicant must comply with the following term and condition, which implements the reasonable and
prudent measure described above. This term and condition is non-discretionary-
The Corps, FHWA, Caltrans, and Applicant, including all of their agents/contractors, will implement all
biological conservation measures and/or assurances provided above in the Project description, including
compliance with the proposed Project footprint limits. The Corps, FHWA, Caltrans, and/or Applicant will
notify the Service in writing at least 2 weeks before initiation of construction of the start date for
construction activities. The Corps, FHWA: Caltrans, and Applicant will report in writing (letter report) to
the Service, monthly during Project construction until completion of construction activities, and every 6
months for conservation measures that follow construction (e.g., alien plant removal), specifically
documenting compliance with each of the measures of the Project description.
58
Pave 6of 0 Revised June 20tI
NEPAJCEQA RE-VALIDATION FORM
DIST.ICO.IRTE. 08-Riv-City of Palm Springs
PMIPM `. .
E.A.or Fed-Aid Project No. BHLO.5282(026)
Other Project No.(specify)
PROJECTTITLE Bogert Trail
ENVIRONMENTAL
APPROVAL TYPE
DATE APPROVED 2/23/2010
Check reason for consultation
REASON FOR OPmiectproceedMg to next major federal approval
CONSULTATION ❑Change in scope,setting,effects,mitigation measures,requirements
❑3-year timeline(EIS onty)
❑WA Re-Validationfor CEQAon
DESCRIPTION OF Project is proceeding to next federal approval for its E-76 construction.No change in scope,
CHANGED CONDITIONS settings or requirements.No further documentation required at this time.
NEPA CONCLUSION -VALIDITY
Based on an examination of the changed conditions and supporting information:(Check ONE of the three statements below,
regarding the validity of the original document/determination(23 CFR 771.129).If document is no longer valid,indicate whether
additional public review is warranted and whether the type of environmental document will be elevated.)
® The original environmental document or CE remains valid. No further documentation will be prepared.
❑ The original environmental document or CE is in need of updating;further documentation has been prepared and
❑is included on the continuation sheets)or❑ is attached.With this additional documentation,the original ED
or CE remains valid.
Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
❑ The original document or CE Is no longer valid.
Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
Supplemental environmental document is needed. Yes❑ No❑
New environmental document is needed. Yes❑ No❑ (If"Yes,"specify type: 1
CONCURRENCE WITH NEPA CONCLUSION
f
I —___ wth3
Signgn ure:Environmentail3ranch Chief Date Signature: roj " anager/DLAE Dat
CEQA CONCLUSION :(Orly mandated forprojects on the State Highway System.)
Based on an examination of the changed conditions and supporting information,the following conclusion has been reached
regarding appropriate CEQA documentation:(Check ONE of the five statements below,indicating whether any additional
documentation will be prepared,and if so, what kind.If additional documentation is prepared,attach a copy of this signed form and
any continuation sheets.)
❑ Original document remains valid. No further documentation is necessary.
❑ Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be ❑ prepared and is ❑ included on the continuation sheets or ❑ will be attached. it need
not be circulated for public review.(CEQA Guidelines,§15164)
❑ Changes are substantial,but only minor additions or changes are necessary to make the previous document
adequate. A Supplemental environmental document will be prepared,and It will be circulated for public review.
(CEQA Guidelines,§15163)
❑ Changes are substantial,and major revisions to the current document are necessary. A Subsequent
environmental document will be prepared,and it will be circulated for public review.(CEQA Guidelines,§15162)
(Specify type of subsequent document,e.g.,Subsequent FEiR.)
❑ The CE is no longer valid. Now CE is needed. Yes❑ No❑
CONCURRENCE WITH CEQA CONCLUSION
I concur with the CEQA conclusion above.
NIA N/A
Signature:Environmental Branch Chief Date Signature:Project ManagerlDLAE Date
Page i of__t_ Revised June 2011
59