HomeMy WebLinkAbout8/3/2016 - STAFF REPORTS - 1.L. ?ALM SA
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Cq�IFORa�P City Council Staff Report
Date: August 3, 2016 CONSENT CALENDAR
Subject: AWARD A CONSTRUCTION CONTRACT TO MATICH CORPORATION,
A CALIFORNIA CORPORATION, IN THE AMOUNT OF $344,500 FOR
THE MESQUITE AVENUE STREET IMPROVEMENTS PROJECT, CITY
PROJECT NO. 12-01.
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Agua Caliente Band of Cahuilla Indians (Tribe) has allocated $500,000 from its
Indian Reservation Roads (IRR) Program to the City for design and construction of
street improvements on Mesquite Avenue from Belardo Road to the Lykken trailhead.
Award of this contract will allow the City to proceed with construction of street
improvements on Mesquite Ave, City Project No 12-01, (the "Project').
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to Matich Corporation, a
California corporation, in the amount of $344,500 for the Mesquite Avenue Street
Improvements, City Project No. 12-01;
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On January 18, 2012, City Council approved an Intergovernmental Memorandum of
Understanding by and between the Agua Caliente Band of Cahuilla Indians (Tribe) and
the City of Palm Springs regarding Indian Reservation Road (IRR) Program Funding,
now known as the Tribal Transportation Program (TPP) funds for the Mesquite Avenue
Improvements Project; and a Subcontractor Services Agreement by and between the
Agua Caliente Band of Cahuilla Indians and the City of Palm Springs. The Tribe has
allocate to the City up to $500,000 from its TPP funds to design and construct a project
to widen Mesquite Avenue, west of Belardo Road.
ITEM NO. kL1 _
City Council Staff Report
August 3, 2016-- Page 2
Award CP12-01, Mesquite Ave. Street Improvements
Originally, the project was to include parking and associated improvements for the
Lykken Trail at the west end of Mesquite Avenue, but because there was not the
available right of way within the project limits, the Tribe agreed that they would include
the trailhead parking as part of their Nature Center entrance improvements. Tribal and
City staff have determined that the project improvements will be a benefit to the Tribe
and City.
This project required the services of a professional firm to perform the required
environmental analysis, prepare the environmental documents, and to prepare plans
and specifications for construction of the improvements. Staff prepared a Request for
Proposals (RFP) to solicit environmental and civil engineering design services for this
project. Through that process, the City selected and Council awarded a professional
services agreement to DMC Design Group, Inc. The Tribe assisted in acquiring the
right of way and federal environmental clearances necessary for the project.
The scope of the project will improve Mesquite Avenue west of Belardo Road. A
location map with a 500' influence radius from the project area is provided in Figure 1.
WIERENJ
WIN
Figure 1 — Location Map
02
City Council Staff Report
August 3, 2016 -- Page 3
Award CP12-01, Mesquite Ave. Street Improvements
On June 1, 2016, the City Council reviewed and approved the project plans and
specifications, and authorized staff to advertise and solicit bids for the Project. On June
9 and 16, 2016, staff advertised the project in the Desert Sun, submitted the Notice
Inviting Bids to plan rooms, and provided the bid documents available free of charge to
prospective bidders. Subsequently, on July 7, 2016, at 3:00 p.m., the Procurement and
Contracting Division received five construction bids from the following contractors listed
in Table 1 :
Company Location Bid Amount
Matich Corporation San Bernardino, CA $344,500
Granite Construction Company Indio, CA $393,520
CT&T Concrete Paving Inc. Diamond Bar, CA $411 ,920
All American Asphalt Corona, CA $423,375
G&M Construction I Palm Springs, CA $465,675
Table 1
The engineer's estimate for the project as reported to the City Council on June 1, 2016,
was $432,130; a full bid summary is included as Attachment 1.
Public Works Contractor Registration Law(SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations, a
contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted
for public works projects on or after March 1, 2015. Similarly, a public entity cannot
award a public works contract to a non-registered contractor, effective April 1, 2015. Staff
has reviewed the DIR's contractor registration database, and has confirmed that Matich
Corporation is registered with the DIR, and is appropriately licensed.
Matich Corporation of San Bernardino, a California corporation, submitted the lowest
responsive bid; staff reviewed the bid and contractor's license, and found Matich
Corporation to be properly licensed and qualified. A construction contract with Matich
Corporation of San Bernardino, California, is included as Attachment 2.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley; submission of a good
faith efforts is required. However, Section 7.09.030 does not apply to projects that
receive state or federal funding which preclude the application of local preferences.
03
City Council Staff Report
August 3, 2016-- Page 4
Award CP12-01, Mesquite Ave. Street Improvements
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities; therefore, the Mesquite Avenue Street Improvements project
is considered categorically exempt from CEQA, and a Notice of Exemption has been
prepared and filed with the Riverside County Clerk. A copy of the Notice of Exemption
is included as Attachment 3.
The project is funded, in part, by Title 23 funds through the Tribal Transportation
Program. The expenditure of Title 23 funds constitutes a Federal action subject to
compliance under the National Environmental Policy Act (NEPA). On October 18, 2013,
the Office of Federal Lands Highway, Federal Highway Administration, (FHWA), issued
a letter and determined that the project qualifies for a Categorical Exclusion
classification, based on the environmental compliance documentation prepared and
submitted to FHWA by the Tribe. A copy of the NEPA Categorical Exclusion is included
as Attachment 4.
FISCAL IMPACT:
On January 18, 2012, the City Council approved a Memorandum of Understanding with
the Agua Caliente Band of Cahuilla Indians, (the `Tribe"), for use of $500,000 of Indian
Reservation Roads (IRR) funds, now known as the Tribal Transportation Funds (TTP)
for the Mesquite Ave. street improvements with no matching funds necessary. The
Project budget and incurred expenditures are identified in Table 2.
Table of Project Costs Amount
Tribal Transportation Program $500,000
Design Services ($78,991)
Project Administration (through 7/8/2016) ($22,300)
Project Administration (Estimated) ($5,000)
Construction Inspection ($19,325)
Construction Cost ($344,500)
Budget Balance $ 29,884
Table 2
04
City Council Staff Report
August 3, 2016-- Page 5
Award CP12-01, Mesquite Ave. Street Improvements
Sufficient funds are budgeted and available in the Capital Project Fund, Account No.
261-4491-50302. The Tribe is fully funding 100% of the cost of the Project; no City
funds are required.
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq. D
Assistant City Manager/City Engineer City Manager
Attachments:
1. Bid Summary
2. Construction Contract
3. CEQA Notice of Exemption
4. NEPA Categorical Exclusion
05
Attachment 1
06
MESQUITE AVE.STREET IMPROVEMENTS
CITY PROJECT NO.12-01
BID SUMMARY 70/2016
BID SCHEDULE MATCH CORPORATION GRANITE CONSTRUCTION CT&T PAVING ALL AMERICAN ASPHALT GSM CONSTRUCTION
ITEM DESCRIPTION QUANT. UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
1 Mobilization 1 LS $23,000.00 $23,000.00 $35000.00 $35,000.00 $12,000.00 $12,000.00 $28,000.00 $28,000.00 $21,000.00 $21.000.00
2 Traffic Control 1 LS $15.300.00 $15,300.00 $2.500.00 $2,500.00 $15.500.00 $15.500.00 $20.000.00 $20,000.00 $8,000.00 $8000.00
3 Water Pollution Control 1 LS $11.000.00 $11,000.00 $251.00 $250.00 $2,500.00 $2,500.00 $1600.00 $1,600.00 $7,500.00 $7,500.00
4 Clearing,Grubbing and Removals 1 LS $29.000.00 $29.000.00 $59,945.00 $59,945.00 $8.000.00 $8,000.00 $45,000.00 $45 000.00 $44,000.00 $44,000.00
5 Undassitied Excavation(F) 700 CY $30.00 $21,000.00 $48.00 $33,600.00 $65.00 $45,500.00 $80.00 $56,000.00 $113.00 $79.100.00
6 Grade to Drain and Replace Existing 23,500 SF $1.00 $23.500.00 $0.25 $5,875.00 $0.76 $17,860.DO $0.60 $14,100.00 $1.25 $29.375.00
Landscape and Irrigation
Pulverize Existing AC Surface, Mix with
7 Subgrade (12' min. depth), Recompact and 40000 SF $0.50 $20.000.00 $0.35 $14,000.00 $1.54 $61.600.00 $0.45 $18 000.00 $0.50 $20.000.00
Grade Per Plan
Construct Type A-3, 6-Inch PCC Curb and
8 Gutter Per City of Palm Springs SM. Dwg. 1,100 IF $21.00 $23.100.00 $2Z00 $29,700.00 $24.00 $26,400.00 $2700 $29,700.00 $40.00 $44,000.00
200
Construct 8-Inch PCC Spandrel and Cross
9 Guider Per City of Palm Springs Sid. Owg, 1000 SF $10.00 $10,000.00 $12.00 $12,000.00 $14.00 $14.000.00 $10.00 $10,000.00 $10.00 $10,000.00
06
10 Construct 6-inch PCC Commercial Driveway 225 SF $16.00 $3,600.00 $14.00 $3.150.00 $12.00 $2,700.00 $9.00 $2,025.00 $10.00 $2,250.00
Per County of Riverside Sid.Dwg.207A
11 Construct Sid Dag.210
PCC Sidewalk per City of
Pa.Springsg.Ste. 5.600 SF $5.25 $29,400.00 $Z00 $39,200.00 $6.50 $36.400.00 $6.00 $33,600.00 $6.00 $33,600.00
12 Construct 4-Inch PCC Ramp per City of Palm 200 SF
Springs Sid.Owg.213 $19.00 $3,800.00 $9.00 $1,800.00 $17.00 $3,400.00 $8.00 $1,600.00 $8.00 $1,600.00
13 Gonslruct Type E-1 AC Berm Per City of PA LF $28.00 $1,400.00 $70.00 $3.500.00 $76.00 $3,800.00 $55.00 $2,750.00 $35.00 $1 750.00
Palm Springs Sid.Dag.200
14 Conslmd Asphalt Concrete Type II1-92-PG70 500 TON $65.00 $32.500.00 $85.00 $42,500.00 $93.76 $46,880.110 $80.00 $40,000.00 $92.00 $46,000.00
10 Base Course(2-Inch Mn.Lift)
15 Canalmct Asphalt Cori Type ill-C3-PG70 10 Surface Course(2-Inch Min.Lrf) 500 TON $69.00 $34,500.00 $85.00 $42,500.00 $93.76 $46,880.00 $85.00 $42,500.00 $92.00 $46,000.00
16 Remove and Relocate Existing 1" Water 1 LS $2,600.00 $2,600.00 $3,000.00 $3,000.00 $6,500.00 $6.500.00 $17,500.00 $17,500.00 $7.500.00 $7,500.00
Meter and Service Line
17 Install Traffic Striping, Pavement Markings, 1 LS $10800.00 $10.800.00 $15,000.00 $15,000.00 $12,000.00 $12,000.00 $11,000.00 $11,000.00 $14,000.00 $14,000.00
Markers and Signage
19 Field Orders 1 LS $50,000.00 $50,00000 $50,000.00 $50,000.00 $50,000.00 $50.000.00 $50.000.00 $50,000.00 $50,000.00 $50.000.00
TOTAL= $344,600.00 TOTAL= $393,520.00 TOTAL:: 5411.920.00 TOTAL= $423.375.00 TOTAL= $465,675.00
1 2 3 4 5
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Attachment 2
08
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this _ day of 20, by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the
City, and Matich Corporation, a California Corporation, hereinafter designated as the
Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s)for the Project entitled:
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01
The Work generally consists of the construction of roadway rehabilitation and widening
improvements to a 1,300-foot segment of Mesquite Avenue, beginning at the Lykken
trailhead and entry gate to the west, to Belardo Road to the east in the City of Palm
Springs. Widening improvements are to be constructed on the northerly side of the
project segment of Mesquite Avenue. Additional improvements include pulverization and
re-compaction of the existing roadway segment (minimum 12" depth) as roadway base
capped with two (2) 2-inch lifts of asphalt concrete, Portland cement concrete (PCC) curb
and gutter improvements along the northerly side of Mesquite Avenue, PCC sidewalk
improvements along the southerly side of Mesquite Avenue from Lykken trailhead to the
mobile home park entry, PCC driveway, ramp, spandrel and cross-gutter improvements,
relocation of existing 1" water service and back flow prevention assembly, grading, and
striping/signing improvements. All improvements are located within the existing right of
way of Mesquite Avenue.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of
requiring any such proof, the City and the Contractor agree that as liquidated damages or
delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 09
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM-PAGE 1
MAY 2016
6-9 of the Special Provisions for each Calendar day that expires after the time specified in
Article 2, herein. In executing the Agreement, the Contractor acknowledges it has
reviewed the provisions of the Standard Specifications, as modified herein, related to
liquidated damages, and has made itself aware of the actual loss incurred by the City due
to the inability to complete the Work within the time specified in the Notice to Proceed.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is Three Hundred Forty Four Thousand Five Hundred
Dollars and Zero Cents ($344,500).
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4-- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of
Prevailing Wages, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-
collusion Declaration, Equal Employment Opportunity Certification, Debarment and
Suspension Certification, Non-Lobbying Certification for Federal-Aid Contracts,
Disclosure of Lobbying Activities, Bid Security or Bid Bond, Bidder's General Information,
Exhibit 15G Local Agency Bidder DBE Commitment, Exhibit 15H DBE Information —
Good Faith Efforts, Public Contract Code Section 10285.1 Statement, Public Contract
Code Section 10162 Questionnaire, Public Contract Code Section 10232 Statement, this
Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond,
Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 2,
inclusive, and all Change Orders and Work Change Directives which may be delivered or
issued after the Effective Date of the Agreement and are not attached hereto.
The Contract Documents shall also incorporate those certain Federal Requirements for
Federal-Aid Construction Projects (Form FHWA 1273), included in Exhibit "A" attached
hereto and made a part hereof.
MESQUITE AVENUE STREET IMPROVEMENTS CITY PROJECT NO. 12-01 AGREEMENT FORM-PAGE 2 10
MAY 2016
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 fumish 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
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
Prevailing Wages. Contractor agrees to fully comply with all applicable federal and
state labor laws including, without limitation California Labor Code Section 1720, et
seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or
non-payment of prevailing wages under California law, and Contractor hereby agrees to
defend, indemnify, and hold the City, its officials, officers, employees, agents and
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM-PAGE 3
MAY 2016
volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws.
ARTICLE 9 -- NON-DISCRIMINATION
Contractor represents and agrees that it shall not discriminate against any subcontractor,
consultant, employee or applicant for employment because of race, religion, color, sex,
age, marital status, ancestry, national origin, sexual orientation, gender identity, physical
or mental disability, or medical condition. Contractor shall ensure that applicants are
employed, and that employees are treated during their employment, without regard to
their race, religion, color, sex, age, marital status, ancestry, national origin, sexual
orientation, gender identity, physical or mental disability, or medical condition. Such
actions shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
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
MESQUITE AVENUE STREET IMPROVEMENTS CITY PROJECT NO. 12-01 AGREEMENT FORM-PAGE 4 12
MAY 2016
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS, CONTRACTOR
CALIFORNIA
By By: Matich Corporation
David H. Ready Firm/Company Name
City Manager
ATTEST:
By:
By Signature (notarized)
James Thompson
City Clerk Name:
APPROVED AS TO FORM:
Title:
By
Douglas Holland
City Attorney By:
Signature (notarized)
RECOMMENDED:
Name:
By
Marcus L. Fuller,
Assistant City Manager/City Engineer Title:
APPROVED BY THE CITY COUNCIL:
Date
Agreement No.
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM-PAGE 5 13
MAY 2016
EXHIBIT "A"
Federal Requirements
for
Federal-Aid Construction Projects
(Form FHWA 1273),
Female and Minority Goals,
Federal Trainee Program,
Title IV Assurances
FOLLOWS THIS PAGE
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM-EXHIBIT"A" 14
MAY 2016
FHWA-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
VI. Subletting or Assigning the Contract are not applicable to material supply, engineering, or architectural
VII. Safety:Accident Prevention service contracts.
Vill. False Statements Concerning Highway Projects
X. 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 Governmentwdde Suspension and Debarment 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as
Requirements amended (29 USC 794). Title VI of the Civil Rights Act of 1964, as
XI. Certification Regarding Use of Contract Funds for Lobbying amended, and related regulations including 49 CFR Parts 21, 26 and
27;and 23 CFR Parts 200,230,and 633.
ATTACHMENTS
The contractor and all subcontractors must comply with: the
A. Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and,
Highway System or Appalachian Local Access Road Contracts for all construction contracts exceeding $10,000, the Standard Federal
(included in Appalachian contracts only) Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
I. GENERAL
Note: The U.S. Department of Labor has exclusive authority to
1. Form FHWA-1273 must be physically incorporated in each determine compliance with Executive Order 11246 and the policies of
construction contract funded under Title 23 (excluding emergency the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.
contracts solely intended for debris removal). The contractor (or The contracting agency and the FHWA have the authority and the
subcontractor) must insert this form in each subcontract and further responsibility to ensure compliance with Title 23 USC Section 140, the
require its inclusion in all lower tier subcontracts (excluding purchase Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of
orders, rental agreements and other agreements for supplies or the Civil Rights Act of 1964, as amended, and related regulations
services). including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and
633.
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order,rental agreement or The following provision is adopted from 23 CFR 230, Appendix A, with
agreement for other services. The prime contractor shall be responsible appropriate revisions to conform to the U.S. Department of Labor(US
for compliance by any subcontractor, lower-tier subcontractor or service DOL)and FHWA requirements.
provider.
1. Equal Employment Opportunity: Equal employment opportunity
Form FHWA-1273 must be included in all Federal-aid design-build (EEO)requirements not to discriminate and to take affirmative action to
contracts, in all subcontracts and in lower tier subcontracts (excluding assure equal opportunity as set forth under laws, executive orders,
subcontracts for design services, purchase orders, rental agreements rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41
and other agreements for supplies or services). The design-builder CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as
shall be responsible for compliance by any subcontractor, lower-tier modified by the provisions prescribed herein, and imposed pursuant to
subcontractor or service provider. 23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractors project activities under this contract.The
Contracting agencies may reference Form FHWA-1273 in bid proposal provisions of the Americans with Disabilities Act of 1990 (42 U.S.C.
or request for proposal documents, however, the Form FHWA-1273 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are
must be physically incorporated (not referenced) in all contracts, incorporated by reference in this contract. In the execution of this
subcontracts and lower-tier subcontracts (excluding purchase orders, contract, the contractor agrees to comply with the following minimum
rental agreements and other agreements for supplies or services specific requirement activities of EEO:
related to a construction contract).
a. The contractor will work With the contracting agency and the
2. Subject to the applicability criteria noted in the following sections, Federal Government to ensure that it has made every good faith effort
these contract provisions shall apply to all work performed on the to provide equal opportunity with respect to all of its terms and
contract by the contractor's own organization and with the assistance of conditions of employment and in their review of activities under the
workers under the contractors immediate superintendence and to all contract.
work performed on the contract by piecework, station work, or by
subcontract. b. The contractor will accept as its operating policy the following
statement:
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding of "It is the policy of this Company to assure that applicants are
progress payments, withholding of final payment, termination of the employed, and that employees are treated during employment,
contract, suspension!debarment or any other action determined to be without regard to their race,religion, sex,color, national origin, age or
appropriate by the contracting agency and FHWA. disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising;layoff or
4. Selection of Labor: During the performance of this contract, the termination; rates of pay or other forms of compensation; and
contractor shall not use convict labor for any purpose within the limits of selection for training, including apprenticeship, pre-apprenticeship,
a construction project on a Federal-aid highway unless it is labor and/or on-the-job training."
performed by convicts who are on parole, supervised release, or
probation. The term Federal-aid highway does not include roadways 2. EEO Officer: The contractor will designate and make known to the
functionally classified as local roads or rural minor collectors. contracting officers an EEO Officer who will have the responsibility for
and must be capable of effectively administering and promoting an
active EEO program and who must be assigned adequate authority and
responsibility to do so.
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CITY PROJECT NO. 12-01 AGREEMENT FORM—EXHIBIT"A"
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15
3. Dissemination of Policy: All members of the contractor's staff b.The contractor will periodically evaluate the spread of wages paid
who are authorized to hire, supervise, promote, and discharge within each classification to determine any evidence of
employees, or who recommend such action, or who are discriminatory wage practices.
substantially involved in such action,will be made fully cognizant of,
and will implement, the contractors EEO policy and contractual c.The contractor will periodically review selected personnel actions
responsibilities to provide EEO in each grade and classification of in depth to determine whether there is evidence of discrimination.
employment. To ensure that the above agreement will be met, the Where evidence is found, the contractor will promptly take
following actions will be taken as a minimum: corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action
a.Periodic meetings of supervisory and personnel office employees shall include all affected persons.
will be conducted before the start of work and then not less often
than once every six months, at which time the contractors EEO d.The contractor will promptly investigate all complaints of alleged
policy and its implementation will be reviewed and explained. discrimination made to the contractor in connection with its
The meetings will be conducted by the EEO Officer. obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
b.All new supervisory or personnel office employees will be given a reasonable time. If the investigation indicates that the
thorough indoctrination by the EEO Officer, covering all major discrimination may affect persons other than the complainant,
aspects of the contractors EEO obligations within thirty days such corrective action shall include such other persons. Upon
following their reporting for duty with the contractor. completion of each investigation, the contractor will inform every
complainant of all of their avenues of appeal.
c.All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's 6.Training and Promotion:
procedures for locating and hiring minorities and women.
a.The contractor will assist in locating, qualifying, and increasing
d. Notices and posters setting forth the contractors EEO policy will the skills of minorities and women who are applicants for
be placed in areas readily accessible to employees,applicants for employment or current employees. Such efforts should be aimed
employment and potential employees. at developing full journey level status employees in the type of
trade orjob classification involved.
e.The contractors EEO policy and the procedures to implement
such policy will be brought to the attention of employees by b.Consistent with the contractor's work force requirements and as
means of meetings, employee handbooks, or other appropriate permissible under Federal and State regulations, the contractor
means. shall make full use of training programs, i.e., apprenticeship,and
on-the-job training programs for the geographical area of contract
4.Recruitment:When advertising for employees,the contractor will performance. In the event a special provision for training is
include in all advertisements for employees the notation: "An Equal provided under this contract, this subparagraph will be
Opportunity Employer." All such advertisements will be placed in superseded as indicated in the special provision. The contracting
publications having a large circulation among minorities and women agency may reserve training positions for persons who receive
in the area from which the project work force would normally be welfare assistance in accordance with 23 U.S.C. 140(a).
derived.
c. The contractor will advise employees and applicants for
a.The contractor will, unless precluded by a valid bargaining employment of available training programs and entrance
agreement, conduct systematic and direct recruitment through requirements for each.
public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the d.The contractor will periodically review the training and promotion
contractor will identify sources of potential minority group potential of employees who are minorities and women and will
employees,and establish with such identified sources procedures encourage eligible employees to apply for such training and
whereby minority and women applicants may be referred to the promotion.
contractor for employment consideration.
7.Unions: If the contractor relies in whole or in part upon unions as
b. In the event the contractor has a valid bargaining agreement a source of employees, the contractor will use good faith efforts to
providing for exclusive hiring hall referrals, the contractor is obtain the cooperation of such unions to increase opportunities for
expected to observe the provisions of that agreement to the minorities and women. Actions by the contractor, either directly or
extent that the system meets the contractor's compliance with through a contractors association acting as agent, will include the
EEO contract provisions. Where implementation of such an procedures set forth below:
agreement has the effect of discriminating against minorities or
women, or obligates the contractor to do the same, such a.The contractor will use good faith efforts to develop, in
implementation violates Federal nondiscrimination provisions, cooperation with the unions,joint training programs aimed toward
qualifying more minorities and women for membership in the
c.The contractor will encourage its present employees to refer unions and increasing the skills of minorities and women so that
minorities and women as applicants for employment. Information they may qualify for higher paying employment.
and procedures with regard to referring such applicants will be
discussed with employees. b.The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union will
5. Personnel Actions: Wages, working conditions, and employee be contractually bound to refer applicants without regard to their
benefits shall be established and administered, and personnel race,color,religion, sex,national origin,age or disability.
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without c.The contractor is to obtain information as to the referral practices
regard to race, color, religion, sex, national origin, age or disability. and policies of the labor union except that to the extent such
The following procedures shall be followed: information is within the exclusive possession of the labor union
and such labor union refuses to furnish such information to the
a.The contractor will conduct periodic inspections of project sites to contractor, the contractor shall so certify to the contracting
insure that working conditions and employee facilities do not agency and shall set forth what efforts have been made to obtain
indicate discriminatory treatment of project site personnel. such information.
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MAY 2016 PAGE 9 1 V
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
minorities and women. The failure of a union to provide sufficient work 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. III.NONSEGREGATED FACILITIES
In the event the union referral practice prevents the contractor
from meeting the obligations pursuant to Executive Order 11246, This provision is applicable to all Federal-aid construction contracts
as amended, and these special provisions, such contractor shall and to all related construction subcontracts of$10,000 or more.
immediately notify the contracting agency.
The contractor must ensure that facilities provided for employees
8.Reasonable Accommodation for Applicants/Employees with are provided in such a manner that segregation on the basis of
Disabilities: The contractor must be familiar with the requirements race, color, religion, sex, or national origin cannot result. The
for and comply with the Americans with Disabilities Act and all rules contractor may neither require such segregated use by mitten or
and regulations established there under. Employers must provide oral policies nor tolerate such use by employee custom. The
reasonable accommodation in all employment activities unless to do contractor's obligation extends further to ensure that its employees
so would cause an undue hardship. are not 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 roams,work areas,restaurants and other
Leasing of Equipment: The contractor shall not discriminate on eating areas, time clocks, restrooms, washrooms, locker rooms,
the grounds of race, color, religion, sex, national origin, age or and other storage or dressing areas,parking lots,drinking fountains,
disability in the selection and retention of subcontractors, including recreation or entertainment areas, transportation, and housing
procurement of materials and leases of equipment. The contractor provided for employees. The contractor shall provide separate or
shall take all necessary and reasonable steps to ensure single-user restrooms and necessary dressing or sleeping areas to
nondiscrimination in the administration of this contract. assure privacy between sexes.
a.The contractor shall notify all potential subcontractors and IV. DAVIS-BACON AND RELATED ACT PROVISIONS
suppliers and lessors of their EEO obligations under this contract. This section is applicable to all Federal-aid construction projects
b.The contractor will use good faith efforts to ensure subcontractor exceeding $2.000 and to all related subcontracts and lower-tier
compliance with their EEO obligations. subcontracts (regardless of subcontract size). The requirements
apply to all projects located within the right-of-way of a roadway that
70.Assurance Required by 49 CFR 26.13(b): is functionally classified as Federal4d highway. This excludes
roadways functionally classified as local roads or rural minor
a.The requirements of 49 CFR Part 26 and the Stale DOT's U.S. collectors, which are exempt. Contracting agencies may elect to
DOT-approved DBE program are incorporated by reference. apply these requirements to other projects.
b.The contractor or subcontractor shall not discriminate on the The following provisions are from the U.S. Department of Labor
basis of race, color, national origin, or sex in the performance of regulations in 29 CFR 5.5"Contract provisions and related matters"
this contract. The contractor shall carry out applicable with minor revisions to conform to the FHWA-1273 format and
requirements of 49 CFR Part 26 in the award and administration FHWA program requirements.
of DOT-assisted contracts. Failure by the contractor to carry out
these requirements is a material breach of this contract, which 1. Minimum wages
may result in the termination of this contract or such other a.All laborers and mechanics employed or working upon the site of
remedy as the contracting agency deems appropriate. the work,will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any
11. Records and Reports:The contractor shall keep such records account (except such payroll deductions as are permitted by
as necessary to document compliance with the EEO requirements. regulations issued by the Secretary of Labor under the Copeland
Such records shall be retained for a period of three years following Act (29 CFR part 3)), the full amount of wages and bona fide
the date of the final payment to the contractor for all contract work fringe benefits (or cash equivalents thereof) due at time of
and shall be available at reasonable limes and places for inspection payment computed at rates not less than those contained in the
by authorized representatives of the contracting agency and the wage determination of the Secretary of Labor which is attached
FHWA. hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor
a.The records kept by the contractor shall document the following: and such laborers and mechanics.
(1)The number and work hours of minority and non-minority group Contributions made or costs reasonably anticipated for bona fide
members and women employed in each work classification on fringe benefits under section l(b)(2) of the Davis-Bacon Act on
the project; behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph 1.d.of
(2)The progress and efforts being made in cooperation with this section; also, regular contributions made or costs incurred for
unions,when applicable,to increase employment opportunities more than a weekly period (but not less often than quarterly)under
for minorities and women;and plans, funds, or programs which cover the particular weekly period,
are deemed to be constructively made or incurred during such
(3)The progress and efforts being made in locating, hiring, weekly period. Such laborers and mechanics shall be paid the
training,qualifying, and upgrading minorities and women; appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to
b.The contractors and subcontractors will submit an annual report skill,except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics
to the contracting agency each July for the duration of the project, performing work in more than one classification may be
indicating the number of minority,women,and non-minority group compensated at the rate specified for each classification for the
employees currently engaged in each work classification required time actually worked therein: Provided, that the employer's payroll
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CITY PROJECT NO. 12-01 AGREEMENT FORM—EXHIBIT"A"
MAY 2016 PAGE 1017
records accurately set forth the time spent in each classification in 2. Withholding
which work is performed. The wage determination (including any
additional classification and wage rates conformed under paragraph The contracting agency shall upon its own action or upon written
1.1b.of this section)and the Davis-Bacon poster(W H-1321)shall be request of an authorized representative of the Department of Labor,
posted at all times by the contractor and its subcontractors at the withhold or cause to be withheld from the contractor under this
site of the work in a prominent and accessible place where it can be contract, or any other Federal contract with the same prime
easily seen by the workers. 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 a. Payrolls and basic records relating thereto shall be maintained by
benefits, bears a reasonable relationship to the wage rates the contractor during the course of the work and preserved for a
contained in the wage determination. period of three years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the
(2) If the contractor and the laborers and mechanics to be name, address, and social security number of each such worker,
employed in the classification(if known), or their representatives, his or her correct dassifcation, hourly rates of wages paid
and the contracting officer agree on the classification and wage (including rates of contributions or costs anticipated for bona fide
rate (including the amount designated for fringe benefits where fringe benefits or cash equivalents thereof of the types described
appropriate), a report of the action taken shall be sent by the in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly
contracting officer to the Administrator of the Wage and Hour number of hours worked, deductions made and actual wages
Division, Employment Standards Administration, U.S. paid. Whenever the Secretary of Labor has found under 29 CFR
Department of Labor, Washington, DC 20210.The Administrator, 5.5(axlxiv) that the wages of any laborer or mechanic include
or an authorized representative, will approve, modify, or the amount of any costs reasonably anticipated in providing
disapprove every additional classification action within 30 days of benefits under a plan or program described in section l(b)(2)(8)
receipt and so advise the contracting officer or will notify the of the Davis-Bacon Act, the contractor shall maintain records
contracting officer within the 30-day period that additional time is which show that the commitment to provide such benefits is
necessary. enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing
(3) In the event the contractor, the laborers or mechanics to be to the laborers or mechanics affected, and records which show
employed in the classification or their representatives, and the the costs anticipated or the actual cost incurred in providing such
contracting officer do not agree on the proposed classification benefits. Contractors employing apprentices or trainees under
and wage rate (including the amount designated for fringe approved programs shall maintain written evidence of the
benefits, where appropriate),the contracting officer shall refer the registration of apprenticeship programs and certification of trainee
questions, including the views of all interested parties and the programs, the registration of the apprentices and trainees, and
recommendation of the contracting officer,to the Wage and Hour the ratios and wage rates prescribed in the applicable programs.
Administrator for determination. The Wage and Hour b.(1)The contractor shall submit weekly for each week in which any
Administrator, or an authorized representative, will issue a contract work is performed a copy of all payrolls to the contracting
determination within 30 days of receipt and so advise the agency. The payrolls submitted shall set out accurately and
contracting officer or will notify the contracting officer within the completely all of the information required to be maintained under
30-day period that additional time is necessary. 29 CFR 5.5(ax3)(i), except that full social security numbers and
home addresses shall not be included on weekly transmittals.
(4) The wage rate (including fringe benefits where appropriate) Instead the payrolls shall only need to include an individually
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this identifying number for each employee(e.g. ,the last four digits of
section, shall be paid to all workers performing work in the the employee's social security number). The required weekly
classification under this contract from the first day on which work payroll information may be submitted in any form desired.
is performed in the classification. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at
c.Whenever the minimum wage rate prescribed in the contract for a http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
class of laborers or mechanics includes a fringe benefit which is successor site. The prime contractor is responsible for the
not expressed as an hourly rate, the contractor shall either pay submission of copies of payrolls by all subcontractors.
the benefit as stated in the wage determination or shall pay Contractors and subcontractors shall maintain the full social
another bona fide fringe benefit or an hourly cash equivalent security number and current address of each covered worker,
thereof. and shall provide them upon request to the contracting agency for
transmission to the State DOT,the FHWA or the Wage and Hour
d. If the contractor does not make payments to a trustee or other Division of the Department of Labor for purposes of an
third person, the contractor may consider as part of the wages of investigation or audit of compliance with prevailing wage
any laborer or mechanic the amount of any costs reasonably requirements. It is not a violation of this section for a prime
anticipated in providing bona fide fringe benefits under a plan or contractor to require a subcontractor to provide addresses and
program, Provided, That the Secretary of Labor has found, upon social security numbers to the prime contractor for its own
the written request of the contractor,that the applicable standards records,without weekly submission to the contracting agency.
of the Davis-Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account (2)Each payroll submitted shall be accompanied by a'Statement
assets for the meeting of obligations under the plan or program. of Compliance,"signed by the contractor or subcontractor or his
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM—EXHIBIT"A"MAY 2016 PAGE 11 1p
or her agent who pays or supervises the payment of the persons the work actually performed. Where a contractor is performing
employed under the contract and shall certify the following: construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in
(i) That the payroll for the payroll period contains the percentages of the journeyman's hourly rate) specified in the
information required to be provided under §5.5 (a)(3)(ii) of contractor's or subcontractor's registered program shall be
Regulations, 29 CFR part 5, the appropriate information is observed.
being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR
part 5,and that such information is correct and complete; Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress,
(ii) That each laborer or mechanic (including each helper, expressed as a percentage of the joumeymen houdy rate specified
apprentice, and trainee) employed on the contract during the in the applicable wage determination. Apprentices shall be paid
payroll period has been paid the full weekly wages earned, fringe benefits in accordance with the provisions of the
without rebate, either directly or indirectly, and that no apprenticeship program. If the apprenticeship program does not
deductions have been made either directly or indirectly from specify fringe benefits, apprentices must be paid the full amount of
the full wages earned,other than permissible deductions as set fringe benefits listed on the wage determination for the applicable
forth in Regulations,29 CFR part 3; classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes
(iii)That each laborer or mechanic has been paid not less than shall be paid in accordance with that determination.
the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as In the event the Office of Apprenticeship Training, Employer and
specified in the applicable wage determination incorporated Labor Services,or a Stale Apprenticeship Agency recognized by the
into the contract. Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less
(3)The weekly submission of a properly executed certification set than the applicable predetermined rate for the work performed until
forth on the reverse side of Optional,Form W H-347 shall satisfy an acceptable program is approved.
the requirement for submission of the"Statement of Compliance"
required by paragraph 3.b.(2)of this section. b.Trainees(programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to
(4)The falsification of any of the above certifications may subject work at less than the predetermined rate for the work performed
the contractor or subcontractor to civil or criminal prosecution unless they are employed pursuant to and individually registered in
under section 1001 of title 18 and section 231 of title 31 of the a program which has received prior approval, evidenced by formal
United States Code. certification by the U.S. Department of Labor, Employment and
c. The contractor or subcontractor shall make the records required Training Administration.
under paragraph 3.a. of this section available for inspection, The ratio of trainees to journeymen on the job site shall not be
copying, or transcription by authorized representatives of the greater than permitted under the plan approved by the Employment
contracting agency, the State DOT, the FHWA, or the and Training Administration.
Department of Labor, and shall permit such representatives to
interview employees during working hours on the job. If the Every trainee must be paid at not less than the rate specified in the
contractor or subcontractor fails to submit the required records or approved program for the trainee's level of progress,expressed as a
to make them available, the FHWA may, after written notice to percentage of the journeyman hourly rate specified in the applicable
the contractor, the contracting agency or the State DOT, take wage determination. Trainees shall be paid fringe benefits in
such action as may be necessary to cause the suspension of any accordance with the provisions of the trainee program. If the trainee
further payment, advance, or guarantee of funds. Furthermore, program does not mention fringe benefits,trainees shall be paid the
failure to submit the required records upon request or to make full amount of fringe benefits listed on the wage determination
such records available may be grounds for debarment action unless the Administrator of the Wage and Hour Division determines
pursuant to 29 CFR 5.12. that there is an apprenticeship program associated with the
4. Apprentices and trainees corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any
a.Apprentices(programs of the USDOL). employee listed on the payroll at a trainee rate who is not registered
Apprentices will be pemlitted to work at less than the predetermined and participating in a training plan approved by the Employment and
rate for the work they performed when they are employed pursuant Training Administration shall be paid not less than the applicable
to and individually registered in a bona fide apprenticeship program wage rate on the wage determination for the classification of work
registered with the U.S. Department of Labor, Employment and actually performed. In addition, any trainee performing work on the
Training Administration,Office of Apprenticeship Training, Employer job site in excess of the ratio permitted under the registered
and Labor Services, or with a State Apprenticeship Agency program shall be paid not less than the applicable wage rate on the
recognized by the Office,or if a person is employed in his or her first wage determination for the work actually performed.
90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the In the event the Employment and Training Administration withdraws
program, but who has been certified by the Office of Apprenticeship approval of a training program, the contractor will no longer be
Training, Employer and Labor Services or a State Apprenticeship permitted to utilize trainees at less than the applicable
Agency (where appropriate) to be eligible for probationary predetermined rate for the work performed until an acceptable
employment as an apprentice. program is approved.
c. Equal employment opportunity. The utilization of apprentices,
The allowable ratio of apprentices to joumeymen on the job site in trainees and joumeymen under this part shall be in conformity
any craft classification shall not be greater than the ratio permitted with the equal employment opportunity requirements of Executive
to the contractor as to the entire work force under the registered Order 11246,as amended,and 29 CFR part 30.
program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as slated above, shall d.Apprentices and Trainees(programs of the U.S. DOT).
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In Apprentices and trainees working under apprenticeship and skill
addition,any apprentice performing work on the job site in excess of training programs which have been certified by the Secretary of
the ratio permitted under the registered program shall be paid not Transportation as promoting EEO in connection with Federal-aid
less than the applicable wage rate on the wage determination for highway construction programs are not subject to the requirements
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM—EXHIBIT"A"
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PAGE 12
of paragraph 4 of this Section IV. The straight time hourly wage the case of work done under contract for the District of Columbia or
rates for apprentices and trainees under such programs will be a territory, to such District or to such territory), for liquidated
established by the particular programs.The ratio of apprentices and damages. Such liquidated damages shall be computed with respect
trainees to journeymen shall not be greater than permitted by the to each individual laborer or mechanic, including watchmen and
terms of the particular program. 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
5.Compliance with Copeland Act requirements. The contractor which such individual was required or permitted to work in excess of
shall comply with the requirements of 29 CFR part 3, which are the standard workweek of forty hours without payment of the
incorporated by reference in this contract. overtime wages required by the clause set forth in paragraph(1.)of
this section.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the 3. Withholding for unpaid wages and liquidated damages. The
subcontractors to include Form FHWA-1273 in any lower tier FHWA or the contacting agency shall upon its own action or upon
subcontracts. The prime contractor shall be responsible for the written request of an authorized representative of the Department of
compliance by any subcontractor or lower tier subcontractor with all Labor withhold or cause to be withheld, from any moneys payable
the contract clauses in 29 CFR 5.5. on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
7. Contract termination: debarment. A breach of the contract same prime contractor, or any other federally-assisted contract
clauses in 29 CFR 5.5 may be grounds for termination of the subject to the Contract Work Hours and Safety Standards Act,
contract, and for debarment as a contractor and a subcontractor as which is held by the same prime contractor, such sums as may be
provided in 29 CFR 5.12. determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated
8.Compliance with Davis-Bacon and Related Act requirements. damages as provided in the clause set forth in paragraph(2.)of this
All rulings and interpretations of the Davis-Bacon and Related Acts section.
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract. 4. Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in paragraph(1.)through(4.)
9. Disputes concerning labor standards. Disputes arising out of of this section and also a clause requiring the subcontractors to
the labor standards provisions of this contract shall not be subject to include these clauses in any lower tier subcontracts. The prime
the general disputes clause of this contract. Such disputes shall be contractor shall be responsible for compliance by any subcontractor
resolved in accordance with the procedures of the Department of or lower tier subcontractor with the clauses set forth in paragraphs
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the (1.)through(4.)of this section,
meaning of this clause include disputes between the contractor(or
any of its subcontractors) and the contracting agency, the U.S. VI.SUBLETTING OR ASSIGNING THE CONTRACT
Department of Labor,or the employees or their representatives.
This provision is applicable to all Federal-aid construction contracts
10.Certification of eligibility. on the National Highway System.
a. By entering into this contract, the contractor certifies that neither 1 The contractor shall perform with its own organization contract
it(nor he or she)nor any person or firm who has an interest in the work amounting to not less than 30
contractors firm is a person or firm ineligible to be awarded 9 percent (or a greater
Government contracts by virtue of section 3(a) of the Davis- percentage if specified elsewhere in the contract) of the total
Bacon Act or 29 CFR 5.12(a)(1). original contract price, excluding any specialty items designated
by the contracting agency. Specialty items may be performed by
b. No part of this contract shall be subcontracted to any person or subcontract and the amount of any such specialty items
firm ineligible for award of a Government contract by virtue of performed may be deducted from the total original contract price
section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). before computing the amount of work required to be performed
by the contractor's own organization(23 CFR 635.116).
c. The penalty for making false statements is prescribed in the U.S. a. The term "perform work with its own organization' refers
Criminal Code, 18 U.S.C. 1001. to workers employed or leased by the prime contractor, and
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 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
terms laborers and mechanics include watchmen and guards. employees may only be included in this term if the prime
contractor meets all of the following conditions:
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or (1) the prime contractor maintains control over the
involve the employment of laborers or mechanics shall require or supervision of the day-to-day activities of the leased
permit any such laborer or mechanic in any workweek in which he employees;
or she is employed on such work to work in excess of forty hours in (2) the prime contractor remains responsible for the quality of
such workweek unless such laborer or mechanic receives the work of the leased employees;
compensation at a rate not less than one and one-half times the (3) the prime contractor retains all power to accept or exclude
basic rate of pay for all hours worked in excess of forty hours in individual employees from work on the project;and
such workweek. (4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
2.Violation; liability for unpaid wages; liquidated damages. In submission of payrolls, statements of compliance and all
the event of any violation of the clause set forth in paragraph(1.)of other Federal regulatory requirements.
this section, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such b. "Specially Items"shall be construed to be limited to work
contractor and subcontractor shall be liable to the United States(in that requires highly specialized knowledge, abilities, or
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CITY PROJECT NO. 12-01 AGREEMENT FORM—EXHIBIT"A" O
MAY 2016 PAGE 13
equipment not ordinarily available in the type of contracting highway projects, it is essential that all persons concerned with the
organizations qualified and expected to bid or propose on the project perform their functions as carefully,thoroughly,and honestly
contract as a whole and in general are to be limited to minor as possible. Willful falsification,distortion,or misrepresentation with
components of the overall contract. respect to any facts related to the project is a violation of Federal
law. To prevent any misunderstanding regarding the seriousness of
2.The contract amount upon which the requirements set forth in these and similar acts, Form 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 where it is readily available to all persons concerned with the
or produced by the contractor under the contract provisions. project:
3.The contractor shall furnish (a) a competent superintendent or 18 U.S.C. 1020 reads as follows:
supervisor who is employed by the firm,has full authority to direct
performance of the work in accordance with the contract "Whoever, being an officer, agent, or employee of the United
requirements, and is in charge of all construction operations States, or of any State or Territory, or whoever, whether a person,
(regardless of who performs the work) and (b) such other of its association, fmr, or corporation, knowingly makes any false
own organizational resources (supervision, management, and statement, false representation, or false report as to the character,
engineering services) as the contracting officer determines is quality, quantity, or cost of the material used or to be used, or the
necessary to assure the performance of the contract. quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
4. No portion of the contract shall be sublet, assigned or otherwise specifications, contracts,or costs of construction on any highway or
disposed of except with the written consent of the contracting related project submitted for approval to the Secretary of
officer, or authorized representative, and such consent when Transportation;or
given shall not be construed to relieve the contractor of any
responsibility for the fulfillment of the contract. Written consent Whoever knowingly makes any false statement, false
will be given only after the contracting agency has assured that representation, false report or false claim with respect to the
each subcontract is evidenced in writing and that it contains all character, quality, quantity, or cost of any work performed or to be
pertinent provisions and requirements of the prime contract. performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved by
5.The 30% self-performance requirement of paragraph (1) is not the Secretary of Transportation; or
applicable to design-build contracts; however, contracting
agencies may establish their own self-performance requirements. Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
VII.SAFETY:ACCIDENT PREVENTION report submitted pursuant to provisions of the Federal-aid Roads
Act approved July 1, 1916, (39 Stat. 355), as amended and
This provision is applicable to all Federal-aid construction contracts supplemented;
and to all related subcontracts.
Shall be fined under this title or imprisoned not more than 5 years
1.In the performance of this contract the contractor shall comply or both."
with all applicable Federal,State,and local laws governing safety,
health, and sanitation(23 CFR 635). The contractor shall provide IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
all safeguards, safety devices and protective equipment and take WATER POLLUTION CONTROL ACT
any other needed actions as it determines, or as the contracting
officer may determine,to be reasonably necessary to protect the This provision is applicable to all Federal-aid construction contracts
life and health of employees on the job and the safety of the and to all related subcontracts.
public and to protect property in connection with the performance
of the work covered by the contract. By submission of this bid/proposal or the execution of this contract,
or subcontract, as appropriate, the bidder, proposer, Federal-aid
2. It is a condition of this contract,and shall be made a condition of construction contractor, or subcontractor, as appropriate, will be
each subcontract, which the contractor enters into pursuant to deemed to have stipulated as follows:
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in 1.That any person who is or will be utilized in the performance of
surroundings or under conditions which are unsanitary, this contract is not prohibited from receiving an award due to a
hazardous or dangerous to his/her health or safety, as violation of Section 508 of the Clean Water Act or Section 306 of
determined under construction safety and health standards (29 the Clean Air Act.
CFR 1926)promulgated by the Secretary of Labor,in accordance
with Section 107 of the Contract Work Hours and Safety 2.That the contractor agrees to include or cause to be included the
Standards Act(40 U.S.C. 3704). requirements of paragraph (1) of this Section X in every
subcontract, and further agrees to take such action as the
3.Pursuant to 29 CFR 1926.3. it is a condition of this contract that contracting agency may direct as a means of enforcing such
the Secretary of Labor or authorized representative thereof, shall requirements.
have right of entry to any site of contract performance to inspect
or investigate the matter of compliance with the construction X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
safety and health standards and to carry out the duties of the INELIGIBILITY AND VOLUNTARY EXCLUSION
Secretary under Section 107 of the Contract Work Hours and
Safety Standards Act(40 U.S.C.3704). This provision is applicable to all Federal-aid construction contracts,
design-build contracts, subcontracts, lower-tier subcontracts,
Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS purchase orders, lease agreements, consultant contracts or any
other covered transaction requiring FHWA approval or that is
This provision is applicable to all Federal-aid construction contracts estimated to cost$25,000 or more— as defined in 2 CFR Parts 180
and to all related subcontracts. and 1200.
In order to assure high quality and durable construction in 1.Instructions for Certification—First Tier Participants:
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by a. By signing and submitting this proposal, the prospective first tier
engineers, contractors, suppliers, and workers on Federal-aid participant is providing the certification set out below.
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM—EXHIBIT"A" 21
MAY 2016 PAGE 14
and information of the prospective participant is not required to
b.The inability of a person to provide the certification set out below exceed that which is normally possessed by a prudent person in
will not necessarily result in denial of participation in this covered the ordinary course of business dealings.
transaction. The prospective first tier participant shall submit an
explanation of why it cannot provide the certification set out j. Except for transactions authorized under paragraph (f) of these
below. The certification or explanation will be considered in instructions, if a participant in a covered transaction knowingly
connection with the department or agency's determination enters into a lower tier covered transaction with a person who is
whether to enter into this transaction. However, failure of the suspended, debarred, ineligible, or voluntarily excluded from
prospective first tier participant to furnish a certification or an participation in this transaction, in addition to other remedies
explanation shall disqualify such a person from participation in available to the Federal Government, the department or agency
this transaction. - may terminate this transaction for cause or default.
c. The certification in this clause is a material representation of fact ""'
upon which reliance was placed when the contracting agency 2. Certification Regarding Debarment, Suspension,Ineligibility
determined to enter into this transaction. If it is later determined and Voluntary Exclusion—First Tier Participants:
that the prospective participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal a.The prospective first tier participant certifies to the best of its
Govemment, the contracting agency may terminate this knowledge and belief,that it and its principals:
transaction for cause of default.
(1) Are not presently debarred, suspended, proposed for
d.The prospective first tier participant shall provide immediate debarment, declared ineligible, or voluntarily excluded from
written notice to the contracting agency to whom this proposal is participating in covered transactions by any Federal
submitted if any time the prospective first tier participant learns department or agency;
that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances. (2) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against
e.The terms "covered transaction," "debarred," "suspended," them for commission of fraud or a criminal offense in
"ineligible," "participant;' "person," "principal," and "voluntarily connection with obtaining, attempting to obtain, or
excluded,"as used in this clause,are defined in 2 CFR Parts 180 performing a public (Federal, State or local) transaction or
and 1200. "First Tier Covered Transactions" refers to any contract under a public transaction; violation of Federal or
covered transaction between a grantee or subgrantee of Federal State antitrust statutes or commission of embezzlement,
funds and a participant(such as the prime or general contract). theft, forgery, bribery, falsification or destruction of records,
"Lower Tier Covered Transactions" refers to any covered making false statements,or receiving stolen property;
transaction under a First Tier Covered Transaction (such as
subcontracts). "First Tier Participant"refers to the participant who (3) Are not presently indicted for or otherwise criminally or civilly
has entered into a covered transaction with a grantee or charged by a governmental entity (Federal, State or local)
subgrantee of Federal funds (such as the prime or general with commission of any of the offenses enumerated in
contractor). "Lower Tier Participant" refers any participant who paragraph(a)(2)of this certification;and
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as (4) Have not within a three-year period preceding this
subcontractors and suppliers). application/proposal had one or more public transactions
(Federal,State or local)terminated for cause or default.
f. The prospective first tier participant agrees by submitting this
proposal that, should the proposed covered transaction be b.Where the prospective participant is unable to certify to any of the
entered into, it shall not knowingly enter into any lower tier statements in this certification, such prospective participant shall
covered transaction with a person who is debarred, suspended, attach an explanation to this proposal.
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or 2.Instructions for Certification-Lower Tier Participants:
agency entering into this transaction.
(Applicable to all subcontracts, purchase orders and other lower tier
g.The prospective first tier participant further agrees by submitting transactions requiring prior FHWA approval or estimated to cost
this proposal that it will include the clause titled "Certification $25,000 or more-2 CFR Parts 180 and 1200)
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions," provided by the a. By signing and submitting this proposal,the prospective lower tier
department or contracting agency, entering into this covered is providing the certification set out below.
transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered b.The certification in this clause is a material representation of fact
transactions exceeding the$25,000 threshold. upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
h.A participant in a covered transaction may rely upon a participant knowingly rendered an erroneous certification, in
certification of a prospective participant in a lower tier covered addition to other remedies available to the Federal Government,
transaction that is not debarred, suspended, ineligible, or the department, or agency with which this transaction originated
voluntarily excluded from the covered transaction,unless it knows may pursue available remedies, including suspension and/or
that the certification is erroneous. A participant is responsible for debarment.
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To c. The prospective lower tier participant shall provide immediate
verify the eligibility of its principals, as well as the eligibility of any written notice to the person to which this proposal is submitted if
lower tier prospective participants, each participant may, but is at any time the prospective lower tier participant learns that its
not required to, check the Excluded Parties List System website certification was erroneous by reason of changed circumstances.
(https://P .epls.goy/), which is compiled by the General
Services Administration. d.The terms "covered transaction;' "debarred," "suspended;'
"ineligible," "participant," "person," "principal," and "voluntarily
i. Nothing contained in the foregoing shall be construed to require excluded,"as used in this clause,are defined in 2 CFR Parts 180
the establishment of a system of records in order to render in and 1200. You may contact the person to which this proposal is
good faith the certification required by this clause.The knowledge submitted for assistance in obtaining a copy of those regulations.
MESQUITE AVENUE STREET IMPROVEMENTS q
CITY PROJECT NO. 12-01 AGREEMENT FORM—EXHIBIT"A" 9 2
MAY 2016 PAGE 15
"First Tier Covered Transactions" refers to any covered XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
transaction between a grantee or subgrantee of Federal funds FOR LOBBYING
and a participant(such as the prime or general contract). "Lower
Tier Covered Transactions' refers to any covered transaction This provision is applicable to all Federal-aid construction contracts
under a First Tier Covered Transaction (such as subcontracts). and to all related subcontracts which exceed$100,000(49 CFR 20).
"First Tier Participant" refers to the participant who has entered
into a covered transaction with a grantee or subgrantee of 1.The prospective participant certifies, by signing and submitting
Federal funds (such as the prime or general contractor). "Lower this bid or proposal, to the best of his or her knowledge and
Tier Participant" refers any participant who has entered into a belief,that:
covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers). a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
e. The prospective lower tier participant agrees by submitting this influencing or attempting to influence an officer or employee
proposal that, should the proposed covered transaction be of any Federal agency, a Member of Congress, an officer or
entered into, it shall not knowingly enter into any lower tier employee of Congress, or an employee of a Member of
covered transaction with a person who is debarred, suspended, Congress in connection with the awarding of any Federal
declared ineligible, or voluntarily excluded from participation in contract,the making of any Federal grant,the making of any
this covered transaction, unless authorized by the department or Federal loan, the entering into of any cooperative
agency with which this transaction originated. agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant,
f. The prospective lower tier participant further agrees by submitting loan,or cooperative agreement.
this proposal that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary b. If any funds other than Federal appropriated funds have
Exclusion-Lower Tier Covered Transaction,"without modification, been paid or will be paid to any person for influencing or
in all lower tier covered transactions and in all solicitations for attempting to influence an officer or employee of any
lower tier covered transactions exceeding the$25,000 threshold. Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
g.A participant in a covered transaction may rely upon a Congress in connection with this Federal contract, grant,
certification of a prospective participant in a lower tier covered loan, or cooperative agreement, the undersigned shall
transaction that is not debarred, suspended, ineligible, or complete and submit Standard Form-LLL, "Disclosure Form
voluntarily excluded from the covered transaction, unless it knows to Report Lobbying,"in accordance with its instructions.
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or 2.This certification is a material representation of fact upon which
otherwise ineligible to participate in covered transactions. To reliance was placed when this transaction was made or entered
verify the eligibility of its principals,as well as the eligibility of any into. Submission of this certification is a prerequisite for making
lower tier prospective participants, each participant may, but is or entering into this transaction imposed by 31 U.S.C. 1352. Any
not required to, check the Excluded Parties List System website person who fails to file the required certification shall be subject
(htt)salwww.epls.00vl), which is compiled by the General to a civil penalty of not less than $10,000 and not more than
Services Administration. $100,000 for each such failure.
h.Nothing contained in the foregoing shall be construed to require 3.The prospective participant also agrees by submitting its bid or
establishment of a system of records in order to render in good proposal that the participant shall require that the language of this
faith the certification required by this clause. The knowledge and certification be included in all lower tier subcontracts, which
information of participant is not required to exceed that which is exceed $100,000 and that all such recipients shall certify and
normally possessed by a prudent person in the ordinary course of disclose accordingly.
business dealings.
i. Except for transactions authorized under paragraph a of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion—Lower Tier Participants:
1.The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM—EXHIBIT"A" 23
MAY 2016 PAGE 16
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 Plumes; CA Shasta;CA Siskiyou; CA Tehama
Eureka,CA 6.6
175 Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
San Francisco-Oakland-San Jose, CA:
SMSA Counties: 8'9
7120 Salinas-Seaside-Monterey, CA
CA Monterey 5.6
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 19.6
7400 San Jose, CA
CA Santa Clara,CA
176 7485 Santa Cruz, CA 4'9
CA Santa Cruz
7500 Santa Rosa '1
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA 7.1
CA Napa; CA Solaro
Non-SMSA Counties: 3.2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties: 6 1
177 6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo q 3
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra;CA Sutter; CA Yuba
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine: CA Amador, CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA 19.1
179 CA Kern
2840 Fresno, CA 6.1
CA Fresno
Non-SMSA Counties: 3.6
CA Kings;CA Madera; CA Tulare
For each July during which work is performed under the contract, you and each non material-
supplier subcontractor with a subcontract of$10,000 or more must complete Form FHWA PR-1391
(Appendix C to 23 CFR 230). Submit the forms by August 15.
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM-EXHIBIT"A"
MAY 2016 PAGE 1724
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
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM-EXHIBIT"A"
MAY 2016 PAGE 18 �] CJ
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
MESQUITE AVENUE STREET IMPROVEMENTS CITY PROJECT NO. 12-01 AGREEMENT FORM-EXHIBIT"A"
MAY 2016 PAGE 19
26
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
The Cargo Preference Act (CPA) requires that "... at least 50 percent of any equipment, materials, or
commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM-EXHIBIT"A"
MAY 2016 PAGE 20
27
advanced by the U.S. Government under this agreement, and which may be transported by ocean
vessel, shall be transported on privately owned United States-flag commercial vessels, if available." On
January 7, 2016, the Federal Highway Administration (FHWA) advised Caltrans on the applicability of
the CPA and implementing regulations (46 CFR 381) to the Federal-aid highway program. FHWA will
use notice and comment rulemaking to implement appropriate contract clauses in the next revision of
Form FHWA-1273 "Required Contract Provisions Federal-Aid Construction Contracts."
The following clause is hereby inserted into this Exhibit "A" to the construction contract requiring the
Contractor's compliance with the CPA requirements and its implementing regulations in 46 CFR 381
for all Federal-aid projects. The clause should incorporate the recommended clauses in 46 CFR
381.7(a)-(b).
Use of United States —flag vessels:
The contractor agrees —
(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent
such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
(2) To furnish within 20 days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating outside the
United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through
the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC 20590.
(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this
contract.
* * * END OF EXHIBIT "A" * * *
MESQUITE AVENUE STREET IMPROVEMENTS
CITY PROJECT NO. 12-01 AGREEMENT FORM-EXHIBIT"A"
MAY 2016 PAGE 21
28
Attachment 3
29
i
NOTICE OF EXEMPTION
To: ❑ Office of Planning and Research From: City of Palm Springs
140Q Tenth Street 3200 East Tahquitz Canyon Way
Sacramento, CA 95814 Palm Springs, CA 92262
® County Clerk [] I7
County of Riverside � RIVcRsipDu
2724 Gateway Drive NOV 2 Z013 Riverside, CA 92507
BYRRY W WARD.CLIERK
�Gh.
Project Title- Mesquite Avenue Improvements Project �' �`� - ta.Meye,
oeput;
Project Location -Specific: The project is located on Mesquite Avenue,from Belardo Road to the entrance
to the Tahquitz Canyon Visitors' Center/South Lykken Trailhead.
i
Project Location-City: City of Palm Springs Project Location-Countyry tversee County
Description of Nature; Purpose,and Beneficiaries of Project: �JaraoN?Ct
✓PJ r
In a joint effort between the City of Palm Springs and the Agua Caliente Band of Cahci°yfi�f t the
proposed improvements will be constructed: ry®
v
ROADWAY IMPROVEMENTS: Removeyf� Z,�d
Mesquite Avenue will be widened on the northerly side of the road eginnin lardo Road and
ending approximately 1,300 feet west of Belardo Road at the entrance I f r �iqu nyen Visitors'
Center/South Lykken Trailhead. The proposed widening improvements a matc6:a)ewly.,,completed
improvements at the intersection of Belardo Road and Mesquite Avenue. The roadway widil-will transition
to match the City of Palm Springs' Local Street Standard. To avoid removal and replacement of existing
Portland concrete cement (PCC) curb and gutter on the southerly side of Mesquite Avenue, it is assumed
that the transition will occur entirely on the northerly side of Mesquite Avenue over a distance of ten (10)to
twenty(20) feet. The widening component of the project includes the following:
• Infill PCC curb, gutter, sidewalk, driveway and ADA-compliant access ramps on both sides of
Mesquite Avenue;
• Grading and possible construction of retaining structures behind the back of walk;
• Cul-de-sac, traffic round-about or some other design to allow traffic to turn around at the westerly
end of Mesquite Avenue;
• Pavement rehabilitation to the existing pavement section of Mefirflventiirttr�as-ee�rii
pavement removals, replacements and overlays, and necessary f lb gutt !a d side 'I re 6 `Is
and replacements. I1 1 ` �
PARKING IMPROVEMENTS: NOV 2 12013 ILl!
Off-road parking improvements on the southerly side of Mesquite Avei ue are to be constructed near th
entrance to the Tahquitz Canyon Visitors' Center/South Lykken Trailhe
improvements will provide vehicle parking for day users of the Lykken Trail system and will included other
associated improvements such as entry driveway, locking gate, drainage, signage, striping and ADA access
to the Lykken Trail system.
i
30
Name of Public Agency Approving Project:City of Palm Springs
Name of Person or Agency Carrying Out Project:City of Palm Springs
Exemption Status:(check one)
❑ Ministerial (Section 21080(b)(1); 15268);
❑ Declared Emergency(Section 21080(b)(3); 15269(a));
❑ Emergency Project(Section 21080(b)(4); 15269(b)(c));
®Categorical Exemption, State type and section number:15301(c)
❑ Statutory Exemptions.State code number:
REASONS WHY THIS PROJECT IS EXEMPT: Section 15301, Class 1 Categorical Exemptions within the
California Environmental Quality Act (CEQA) Guidelines consists of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alterations of existing public or private structures facilities,
mechanical equipment, or'topographical features involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination. Subsection (c) of Section 15301 consists of existing
highways and streets,sidewalks,gutters, bicycle and pedestrian trails,and similar facilities.
The proposed project will construct improvements including pavement rehabilitation, construction of curb,
gutter, and sidewalk,the widening of Mesquite Avenue and parking enhancements near the entrance to the
Tahquitz Canyon Visitors' Center/South Lykken Trailhead. The section of Mesquite Avenue, beginning at
Belardo Road and ending approximately 1,300 feet west of Belardo Road is an existing roadway. The
roadway and parking improvements associated with the project are minor in nature and will not expand
uses beyond those that currently exist. Therefore, the project has been determined not to have a significant
effect on the environment and is exempt from the provisions of CEQA under Section 15301(c).
City of Palm.Springs
By
Savat Khamphou,Assistant Director of Public
Works/Assistant City Engineer
Department of Public Works staff
Date: II-zr�-2013
By
Edwar O. Robertson, Principal Planner
Department of Planning Services
Date: 4 •za /L1\ p
Nov
21 2013
By -�---
31
Attachment 4
32
ifv
U.S.Depar finent 1200 New Jersey Ave., SE
of Tronsporlation Washington, D.C.20590
Federal Highway
Administration
October 18, 2013
CATEGORICAL EXCLUSION (CE)
Mesquite Avenue Improvements Project, TTP Route#P140
INTRODUCTION
The Federal Highway Administration(FHWA), in cooperation with the Agua Caliente Band of
Cahuilla Indians (Tribe), proposes to make improvements to approximately 1,300 feet of
Mesquite Avenue west of its intersection with Belardo Road in Palm Springs, CA. The project is
located in Riverside County in Section 22 of Township 4S, Range 4E.
The project is funded, in part, by Title 23 funds through the Tribal Transportation Program
(TTP). TTP funds are provided to Agua Caliente in accordance with the Tribal Transportation
Program Agreement between the Agua Caliente Band of Cahuilla Indians and the United States
Department of Transportation, December 13, 2012. In accordance with this agreement, the
Tribe is responsible for project development, permit acquisition, contract management,
construction, and construction oversight. The Tribe is also required to submit a complete Plans,
Specifications, and Estimate (PS&E)package to FHWA prior to construction.
The expenditure of Title 23 funds constitutes a Federal action subject to compliance under the
National Environmental Policy Act(NEPA). This NEPA CE is based on environmental
compliance documentation prepared and submitted to FHWA by the Tribe.
PURPOSE AND NEED
Mesquite Avenue provides the only vehicular and pedestrian access route to Tahquitz Canyon,
which is a popular tourist destination. The road is narrow in sections and is in poor condition,
exhibiting alligator cracking and potholes. With continued deterioration, the roadway would
eventually become impassable to automobiles. The roadway also lacks sidewalks and bike paths
for pedestrians/bicyclists, which currently have to walk/ride in the roadway along the north side
of Mesquite Avenue,
PROPOSED ACTION
Mesquite Avenue will be widened on the northerly side of the roadway, beginning at Belardo
Road and ending approximately 1,300 feet west of Belardo Road at the entrance to the Tahquitz
Canyon Visitor Center/South Lykken Trailhead. The proposed widening improvements will
33
2
match newly completed improvements at the intersection of Belardo Road and Mesquite
Avenue. The roadway width will transition to match the City of Palm Springs' Local Street
Standard(36 feet) and will include concrete curbs, sidewalks, bike paths, and landscaping.
Also, a small parking lot will be constructed on the southerly side of Mesquite Avenue near the
entrance to the Tahquitz Canyon Visitor Center/South Lykken Trailhead. The proposed parking
improvements will provide vehicle and bicycle parking for day users of the Lykken Trail system,
and will include other associated improvements such as entry driveway, locking gate, drainage,
signage, striping and ADA access to the Lykken Trail system.
ENVIRONMENTAL COMPLIANCE
A summary of key findings and approvals is provided below and was compiled from information
provided by the Tribe.
Cultural Resources
The project is located within the boundaries of the Tahquitz Canyon National Register Site,
which was previously determined eligible for listing on the National Register of Historic Places
(NRHP) in 1972. In coordination with the Tribe, FHWA has determined the project will result in
"no adverse effect"to the Tahquitz Canyon site, pursuant to 36CFR§800. This determination is
based on the minor scope of the proposed project as well as the following recommended
environmental commitments:
1. Agua Caliente Band of Cahuilla Indians will provide a Tribal monitor and a professional
archaeologist to be present during all ground disturbing activities related to the project.
2. If cultural materials are discovered during construction, all earth-moving activity within
and around the immediate discovery area will be diverted until the archaeologist can
assess the nature and significance of the find. The archaeologist would consult with
culturally affiliated Native Americans, where appropriate, depending on the type and
specifics related to the artifacts that are unearthed.
3. If human remains are discovered, State Health and Safety Code Section 7050.5 states that
further disturbances and activities shall cease in any area or nearby area suspected to
overlie remains, and the County Coroner contacted. Pursuant to Public Resources Code
Section 5097.98, if the remains are thought to be Native American, the coroner will
notify the Native American Heritage Commission(NAHC) who will then notify the Most
Likely Descendent (MLD).
4. The Agua Caliente Band of Cahuilla Indians Tribal Historic Preservation Officer will be
immediately notified of any discovery of cultural or human remains.
Through consultation with the Agua Caliente Tribal Historic Preservation Officer(THPO) and in
compliance with Section 106 of the National Historic Preservation Act, FHWA determined that
the project will result in "no adverse effect"to any historic properties. The THPO concurred
with this determination on October 9, 2013.
34
3
Additionally, as a historic property, the Tahquitz Canyon National Register Site is considered a
Section 4(0 resource under the Department of Transportation Act of 1966. To make a de
minimis impacts finding on a historic property, it must have a determination of either "no adverse
effect" or "no historic properties affected" in compliance with Section 106 regulations.
Therefore, based on the "no adverse effect" determination, FHWA finds that the project would
have a de minimns impact on this Section 4(f)resource. The THPO concurred with this finding
on October 9, 2013 as well.
Threatened and Endangered Species
The entire project lies within the boundaries of the Tribal Habitat Conservation Plan (THCP) for
the Agua Caliente Indian Reservation and specifically within the THCP Valley Floor
Conservation Area. The Plan provides the means to protect and contribute to the conservation of
Federally-listed as well as other species within the Tribe's jurisdictional territory.
The only federally-listed species with potential to occur in the project area is the desert tortoise
(threatened). Only low quality potential habitat for desert tortoise occurs within the project site,
and the species is not expected to use the project study area to a meaningful level (i.e. rarely).
The THCP requires no direct mortality for desert tortoise, and to ensure this, full avoidance
measures will be conducted.
Full avoidance measures consist of:
• Prior to any ground disturbance, the Tribe will provide a qualified biologist to conduct a
pre-disturbance presence/absence survey of the project area and adjacent areas within 200
feet of the project (or to the property boundary if less than 200 feet and permission from
the adjacent landowner cannot be obtained to determine if the desert tortoise occupies the
site). The qualified biologist will survey for fresh sign of desert tortoise, including live
tortoises, tortoise remains, burrows, tracks, scat, or egg shells. The presence/absence
survey must be conducted during the clearance window between February 15 and
October 31. Presence/absence surveys require 100 percent coverage of the survey area. If
no sign is found, no further surveys are required. A presence/absence survey is valid for
90 days or indefinitely if tortoise-proof fencing is installed around the project area
following negative survey results.
• If fresh signs are located, the project area must be fenced with tortoise-proof fencing and
a presence/absence clearance survey conducted during the clearance window in order to
find tortoises within the impact area for monitoring and potential relocation.
Presence/absence clearance surveys must cover 100 percent of the project area. A
presence/absence clearance survey must be conducted during different tortoise activity
periods (morning and afternoon).
• All surveys, construction monitoring, and relocation (if necessary) will follow the
Guidelines for Handling Desert Tortoises During Construction Projects prepared by The
Desert Tortoise Council (1999), or other protocol accepted by USFWS at that time. If
tortoises are found, they shall be relocated to a destination selected by the Tribe on a
case-by-case basis to provide the greatest long-term conservation potential for the species
(regardless of whether it is within the Action Area), considering factors such as habitat
35
4
characteristics, long-term viability, and the presence/status of existing populations of this
species on the available sites. Then-current protocols shall be used in handling
individuals.
Given the low potential for presence of desert tortoise in the project area and the avoidance
measures to be undertaken, FHWA determined the project would have no effect on any
threatened or endangered species in compliance with the Endangered Species Act.
Wetlands and Floodplains
There are no wetlands or floodplains located in the project area, therefore the proposed action
will have no impacts on either resource.
Air Quality
The proposed project fully conforms to the regional air quality implementation plan's purpose of
attaining and maintaining national ambient air quality standards. No violations of state or
national air quality standards are predicted to occur from the long term operation of the project,
so no mitigation is required for operational impacts.
Construction of the project may result in short-term impacts to air quality, specifically related to
fugitive dust generation, mobile source emissions, and blowsand disturbances. Because the
project site is located in a nonattainment area for PMio, all of the particulate control measures
related to construction activities as outlined below, will be implemented.
AQI. An approved dust emissions control plan will be obtained as outlined in the South Coast
Air Quality Management District (SCAQMD) subparagraph(e) of Rule 403.1.
AQ2. The contractor will meet all applicable fugitive dust control measures as outlined by
SCAQMD under Rule 403.1, General Requirements, Section(d). As outlined under Rule 403.1
(SCAQMD, April 2, 2004):
A person who conducts or authorizes the conducting of an active operation shall
implement at least one of the control actions specified in Rule 403, Table 2 for the source
category "Inactive Disturbed Surface Areas" to minimize wind driven fugitive dust from
disturbed surface areas at such time when active operations have ceased for a period of at
least 20 days(SCAQMD, 2004).
AQ3. Furthermore, the following BMPs will be implemented:
• Drive only on existing roads outside construction areas
• Limit speed on dirt roads to 32 kph (20 mph)
• Limit disturbance to vegetation when possible
AQ4. To limit trackout(i.e., trucks and equipment tracking out dirt from construction staging
areas and access roadways onto paved surfaces), a minimum of 10 centimeters (4 inches) of
gravel will be maintained at all site entrances and exits.
36
5
AQ5. Dust abatement measures will conform with Section 10 (Dust Control), Section 7-1.01F
(Air Pollution Control), Section 17 (Watering), and Section 18 (Dust Palliative) of Caltrans
Standard Specifications (Caltrans, July 1999). In addition, all requirements outlined in
SCAQMD's Rules 401, 402, 403, and 403.1 will be met, along with the provisions outlined in
Chapter 8.50 (Fugitive Dust Control) of the Palm Springs Municipal Code.
37
6
CONCLUSION
Consistent with the FHWA regulations and based upon the above considerations, FHWA has
determined this project: 1) will not have a significant effect on the human environment, and 2)
falls within the categories of actions covered by FHWA's CE regulations, and therefore meets
the CE definition contained in 40 CFR 1508.4. FHWA finds this work constitutes an action
listed under 23 CFR 771.117(a)because: ])the action will not induce significant impacts to
planned growth or land use for the area; 2) the action will not require the relocation of any
people; 3)the action will not have a significant impact on any natural, cultural, recreational,
historic, or other resource; 4)the action will not involve significant air, noise, or water quality
impacts; 5)the action will not have significant impacts on travel; and 6) the action will not
otherwise either individually or cumulatively, have any significant environmental impacts.
Further, FHWA finds this work to constitute an action listed within the national listing of CEs,
23 CFR 771.117(d) (1) modernization of highway by resurfacing, restoration,rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning,
climbing). The proposed action does not include unusual circumstances as listed in 23 CFR
771.117(b)that would make the CE classification improper.
RECOMMENDED BY:
Digitally signed by Terry Schumann
DN:cn=Terry Schumann,o,ou,
Terry Se umann email=terry.schumann@dot.gov,c=US
Date:2013.10.1815:08:57-07'00• 10-18-13
Terry Schumann Date
Environmental Protection Specialist
Tribal Transportation Program
Federal Highway Administration
APPROVED BY:
agiouy:�q,,.a Wr�ermwsraaxaw
ROBERT W SPARROWa. :.
(0 2t (3
/Joyce A. Curtis, Date
Associate Administrator for
Office of Federal Lands Highway,
Federal Highway Administration
38