ITEM 4. 24
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT
REHABILITATION, AWARD CONSTRUCTION
CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM
SUPPLEMENT AGREEMENT WITH CALTRANS, AND
AUTHORIZE CITY MANAGER TO EXECUTE THE
AGREEMENT
RECOMMENDATION: Adopt Resolution to Create Capital Improvement Project PS 25- 04 for Roth Road Pavement
Rehabilitation, to Award a Construction Contract to
George Reed, Inc., to Approve a Budget Amendment,
to Approve a Program Supplement Agreement with
Caltrans, and to Authorize the City Manager to
Execute the Agreement
SUMMARY:
Staff is proposing to create Capital Improvement Project ( CIP) PS 25- 04 for Roth Road Pavement Rehabilitation ( Project) to repair deteriorated pavement along Roth Road from Manthey Road to Intermodal Way. The Project scope of work consists of grinding off 3" of existing pavement, constructing 3" Hot Mix Asphalt ( HMA) overlay with glass grid, and installing thermoplastic striping and markings with reflective pavement markers on Roth Road from Manthey Road to Intermodal Way.
Staff prepared the specifications and improvement plans that were advertised for formal bid on August 29, 2024 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened seven ( 7) bids on September 24, 2024. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be George Reed, Inc. (George Reed) with a bid of $ 1, 339, 543.
Staff is requesting that City Council create CIP PS 25- 07 for Roth Road Pavement Rehabilitation and award a construction contract to George Reed for construction of the Project in the amount of $ 1, 339, 543plus a 15% construction contingency in the amount of $ 201, 000 for a total construction budget of $ 1, 540,43.
The City was approved to receive $ 2,00, 000 of federal funds with a required local match of $ 285, 000 for construction of the Project. The California Department of Transportation ( Caltrans) requires the execution of a Program Supplement Agreement ( PSA) for the City to be eligible to receive this federal funding. The City received PSA No. F014 ( Attachment C) that must be executed prior to requesting reimbursement of federal funding.
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT Staff requests City Council approve PSA No. F014 with Caltrans and authorize City Manager to execute the PSA for reimbursement of federal funds toward the Project.
Staff is also requesting City Council approve a budget amendment transferring 285, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) for the local match to the federal funds.
BACKGROUND:
Staff proposes to create CIP PS 25- 04 to rehabilitate the existing pavement on Roth Road between Manthey Road and Intermodal Way to support the movement of truck traffic to and from Interstate 5. The Project will grind 3" of existing surface, install glass grid pavement reinforcement, overlay 3" of HMA, and install new signing and striping along Roth Rd.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 29, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Seven ( 7) bids were received; each determined to be responsive and responsible.
The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
George Reed, Inc. 1, 339, 543
Consolidated Engineering 1, 381, 785
United Pavement Maintenance 1, 487, 782. 25
QA Constructors, Inc. 1, 499, 300
DSS Company dba Knife River Construction 1, 591, 250
Martin Brothers Construction 1, 623, 000
Rapid Grading Services 1, 769, 152. 70
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is George Reed. Staff requests City Council adopt a resolution to award a construction contract to George Reed for $ 1, 339, 543. Staff also requests City Council authorize a 15% construction contingency of $ 201, 000 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction budget of $ 1, 540,43.
The City received authorization of federal funds in the amount of $ 2,00, 000 toward construction of CIP PS 25- 04. Caltrans requires the execution of a PSA specific to each Federal -Aid project for local agencies to be eligible to receive the approved federal funds.
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT The PSA outlines the standards and procedures to be followed by administering agencies when requesting reimbursement of corresponding federal funding. Staff is requesting that City Council approve PSA No. F014 with Caltrans and authorize City Manager to execute the Agreement for reimbursement of federal funds towards the Project.
REASON FOR RECOMMENDATION:
Creation of CIP PS 25- 04 is needed to allocate and receive federal funding towards construction of improvements to Roth Road. Awarding a construction contract to George Reed will allow the Project to repair existing pavement deficiencies and reinforced the surface structure for heavy truck traffic.
FISCAL IMPACT:
The City is authorized to receive $ 2,00, 000 in federal funding with a required local match of $ 285, 000. Staff is requesting City Council approve a budget amendment transferring $ 285, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Increase Revenue
2150- 8000- 333- 0500 $ 2,00, 000
Decrease Street Repair Reserves
1010- 251- 03-0 $ 285, 000
Increase Transfer Out
2150- 9900-90- 9010 $ 2,00, 000
1010- 9900-90- 9010 $ 285, 000
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
ATTACHMENTS:
PS 25- 04 $ 2, 485, 000
PS 25- 04 $ 2, 485, 000
A. Resolution to Create Capital Improvement Project PS 25- 04 for Roth Road Pavement Rehabilitation, to Award a Construction Contract to George Reed, Inc., to Approve a Budget Amendment, to Approve a Program Supplement Agreement with Caltrans, and to Authorize the City Manager to Execute the Agreement
CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT B. Construction Contract with George Reed, Inc. for CIP PS 25- 04 for Roth Road Pavement Rehabilitation
C. Program Supplement Agreement No. F014 to Administering Agency -State Agreement for Federal -Aid Projects No. 10- 5456F15
D. Project Location Map
CITY MANAGER' S REPORT PAGE 5
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT APPROVALS:
Assistant Engineer
Brad ylor
City Engineer
Cari
Finance \ D rector
Date
Date
7/ 26/ 2azY
Date
Michael King Date
Assistant City Manager
Iol4) aoaif
I
Z' • 2 c ZY
Salvador Navarrete Date
City Attorney
Ste ffen 3. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP PS 25- 04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE BUDGET
AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH
CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, staff is proposing to create Capital Improvement Project ( CIP) PS 25- 04 for Roth Road Pavement Rehabilitation ( Project) to repair deteriorated pavement along Roth Road from Manthey Road to Intermodal Way; and WHEREAS, the Project scope of work consists of grinding off 3" of existing pavement, constructing 3" Hot Mix Asphalt ( HMA) overlay with glass grid, and installing thermoplastic striping and markings with reflective pavement markers on Roth Road from Manthey Road to Intermodal Way; and
WHEREAS, staff prepared the specifications and improvement plans that were advertised for formal bid on August 29, 2024 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060; and
WHEREAS, the City Clerk received and opened seven ( 7) bids on September 24, 2024; and
WHEREAS, based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be George Reed, Inc. (George Reed) with a bid of $1, 339, 543; and WHEREAS, staff is requesting that City Council create CIP PS 25- 07 for Roth Road Pavement Rehabilitation and award a construction contract to George Reed for construction of the Project in the amount of $ 1, 339, 543 plus a 15% construction contingency in the amount of $ 201, 000for a total construction budget of $ 1, 540,43; and
WHEREAS, the City was approved to receive $ 2,00, 000 of federal funds with a required local match of $285, 000 for construction of the Project; and WHEREAS, the California Department of Transportation ( Caltrans) requires the execution of a Program Supplement Agreement ( PSA) for the City to be eligible to receive this federal funding; and
WHEREAS, staff requests City Council approve PSA No. F014 with Caltrans and authorize City Manager to execute the PSA for reimbursement of federal funds toward the Project; and
WHEREAS, the City is authorized to receive $ 2,00, 000 in federal funding with a required local match of $ 285, 000. Thus, staff is also requesting City Council approve a budget amendment transferring $ 285, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Increase Revenue
2150- 8000- 333- 0500 $ 2,00, 000
Decrease Street Repair Reserves
1010- 251- 03-0 $ 285, 000
Increase Transfer Out
2150- 9900-90- 9010 $ 2,00, 000
1010- 9900-90- 9010 $ 285, 000
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
PS 25- 04 $ 2, 485, 000
PS 25- 04 $ 2, 485, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby creates CIP PS 25- 04 for Roth Road Pavement Rehabilitation; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with George Reed, Inc. for construction of CIP PS 25- 04 for Roth Road Pavement Rehabilitation in the amount of $ 1, 339, 543; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 15% construction contingency of $201, 000for a total construction budget of $ 1, 540,43and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, City Council approves PSA No. F014 with Caltrans and authorizes City Manager to execute the Agreement for reimbursement of federal funds towards the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 285, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above.
The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney ATTACJiMENT
SO 6
CONSTRUCTION CONTRACT
This Contract, dated October 14, 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and George Reed, Inc.
Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for Roth Road Pavement Rehabilitation, CIP PS 25- 04 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract is generally described as, but not necessarily limited to: grind off 3" of existing pavement, construct 3" HMA overlay with geogrid, and install new signing and striping, markings and markers on Roth Road from Manthey Road to Intermodal Way, and performing all appurtenant work in place and ready for use, all as shown in the Contract Plans and Specifications.
The work shall be completed within 30 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 1, 339, 543
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e.
Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by George Reed, Inc. on September 24, 2024.
For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' sPublic Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance
with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract.
A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy ofthe Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance ofWork, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s
obligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt ofwritten notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date ofExecution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Phone:
Fax:
ATTN:
16. Miscellandous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Item List
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
ATTACH vitNT
w / 2
PS 25- 04 - Addendum No. 2
ROTH ROAD PAVEMENT REHABILITATION, CIP PS 25- 04
Revised Bid Schedule
Bid
Item Description Quantity Units
Unit
Price
Extended
Price
1 Mobilization, Bonds & Insurance 1 LS 3 2511-
i
So
V250
2 Provide and Implement Traffic Control Plan 1 LS
rtV eeo0° 00/ 114,
3 Erosion and Sediment Control Plan (ESCP) 1 LS SoiD
4 Lower and Raise Valve Covers 17 EA 1, 500. 0 25, 500. 0 5 Lower and Raise Manhole Covers 6 EA 2, 000. 12, 000.
6 IL and Raise Monument Covers 3 EA 1, 500. 0 4, 500. 0 7 Digouts as Shown per Plans 15, 000 SF S
Z 7, So
8 Remove and Replace In -Kind Traffic Signal Loop 1 LS 5,10. 0 5,10. 0 9 Grind and Dispose 3" AC 235, 900 SF 50 117, 950. 0
10 Place / Compact HMA @ 3" Depth / Single Lift 5, 325 TON i« O 6 / 77L' 3414 11 Install Tensar 8502 Glasgrid 265, 000 SF 2. 8
2g6, ZP2
12 Remove / Dispose of PCC Median Island and Reconstruct to Existing Detail and as Shown on Project Plans
60 LF 118. 50 7, 110. 0
13 Thermoplastic Striping - 12" White Line 400 LF 10. 00 4, 000. 14 Thermoplastic Striping - 8" Chevrons 240 LF 3. 00 720. 00 15 Thermoplastic Striping - 8" White / Yellow Hatch 730 LF 3. 00 2, 190. 0 16 Thermoplastic Striping - Caltrans Std. Pln. A20, Detail 9 740 LF 1. 00 740. 00 ADDENDUM # 2
PS 25- 04 - Addendum No. 2
17 khermoplastic Striping - Caltrans Std. Pln. A20, Detail 22 4, 670 L1 3. 50 16, 345. 09 18 ITbermoplastic Striping - Caltrans Std. Pln. A20, Detail 25 1, 310 LF 1. 50 1, 965. 00 19 Thermoplastic Striping -Caltrans Std. Pin. A20, Detail 27B 12, 630 LF 1. 50 18, 945. 00 20 Thermoplastic Striping -Caltrans Std. Pln. A20, Detail 29 1020 LF 7. 00 7, 140. 0 21 Thermoplastic Striping - Caltrans Std. Pln. A20, Detail 32 525 LF 6. 50 3, 412. 50 22 Thermoplastic Striping - Caltrans Std. Pln. A20, Detail 38 1700 LF 2. 15 3, 655. 00 23 Thermoplastic Striping - Caltrans Std. Pln. A20, Detail 37B 240 LF 2. 00 480. 00 24 Thermoplastic Striping - Caltrans Std. Pln. A20, Detail 41 120 LF 2. 00 240. 00 25 8' STOP, AHEAD, XING, KEEP, CLEAR Legends 30 EA 540. 00 16, 200. 0 26 Thermoplastic Marking - Type I Arrow 7 EA 140. 00 980. 00 27 Thermoplastic Marking - Type IV Arrow ( Left or Right) 30 EA 150. 00 4, 500. 0 28 Thermoplastic Marking - Type VII Arrow 2 EA 270. 00 540. 00 29 insert Blue RPM @ Fire Hydrant 8 EA 65. 00 520. 00
30 Ins tall Shoulder Backing 1 LS 500. 00 500. 00
31 Install Signage per Plans 1 LS 19, 500. 0 19, 500. 0 TOTAL BID: 33 9/ Sy3
OP
Total Bid Amount In Words:
UE A/ cl /ov lihtFF Hv ivDj• ED 7 / RT Y •t/i •ve T1nc v54 •v7 Pr ve- /fv4/ A, ekrD FOv4, 71, TNItFe pp w5 4' 00 2eAW cEa/ 7'S .
ADDENDUM # 2
PROGRAM SUPPLEMENT NO. F014
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL - AID PROJECTS NO 10- 5456F15
ATTACHMENT
u
c„
Adv. Project ID Date: August 28, 2024
1024000263 Location: 10- SJ- 0- LTRP
Project Number: STPL- 5456( 024)
E. A. Number:
Locode: 5456
This Program Supplement hereby adopts and incorporates the Administering Agency - State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 04/ 23/020 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
PROJECT LOCATION: Pavement rehabilitation of Roth Road ( Manthey Road to Intermodal Way).
TYPE OF WORK: Roth Road Pavement Rehabilitation LENGTH: 0.( MILES) Estimated Cost Federal Funds Matching Funds
2, 485, 033. 50
Y230 2,00, 000. LOCAL
285, 033. 50
OTHER
0.0 CITY OF LATHROP
By
Title
Date
Attest
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer klaeze Gf2oa 4.eI Date 08/ 28/024 2,00, 000.
Program Supplement 10 -5456F15 - F014- ISTEA Page 1 of 7 10- SJ- 0- LTRP
STPL- 5456( 024)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase( s) with an " Authorization to Proceed" and will not proceed with future phase( s) of this project prior to receiving an " Authorization to Proceed" from the STATE for that phase( s) unless no further State or Federal funds are needed for those future phase( s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved " Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY' Sfirst invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15. 6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE' s approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/ obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six- month period.
If no costs have been invoiced for a six- month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a " Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
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SPECIAL COVENANTS OR REMARKS
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal -assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency' s
DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U. S. C. 1001 and/ or the Program Fraud Civil Remedies Act of 1986 ( 31 U. S. C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller' sOffice and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department' s Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department' sLocal Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department' s
Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal - aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www. sam. gov.
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STP L- 5456( 024)
SPECIAL COVENANTS OR REMARKS
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures including those set forth in the Local Assistance ' Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as " LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency' s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/ or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/ Indirect Cost Rate Proposals ( ICAP/ ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/CRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/CRP approval procedures established by STATE.
E. STATE will withhold the greater of either two ( 2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $ 40, 000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration ( DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty ( 30) days of such invoice.
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SPECIAL COVENANTS OR REMARKS
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code ( PCC) 10300-0334 (procurement of goods), PCC 10335-0381 (non- A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY' Scontractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three ( 3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
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SPECIAL COVENANTS OR REMARKS
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $ 750, 00 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY' s annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non- A&Econtract over $ 5, 000, construction contracts over $ 10, 000, or other contracts over $ 25, 000 [ excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 ( d), (e) and ( f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. Appendix E of the Title VI Assurances ( US DOT Order 1050. 2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY' Scontractors and subcontractor, ( hereinafter referred to as the contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 ( 42 U. S. C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U. S. C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); C. Federal - Aid Highway Act of 1973, ( 23 U. S. C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, ( 29 U. S. C. 794 et seq.), as Program Supplement 10 -5456F15 -F014- ISTEA Page 6 of 7 10- SJ- 0- LTRP
STPL- 5456( 024)
SPECIAL COVENANTS OR REMARKS
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, ( 42 U. S. C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, ( 49 U. S. C. 4 71, Section 4 7123), as amended, ( prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, ( PL 100- 29), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or
activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and 111 of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities ( 42 U. S. C. 12131- 12189) as implemented by Department of Transportation regulations at 49 C. F. R. parts 37 and 38; I. The Federal Aviation Administration' sNondiscrimination statute ( 49 U. S. C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency ( LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs ( 70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities ( 20 U. S. C. 1681 et seq).
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