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441FORN� City Council Staff Report
DATE: March 21, 2018 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT No. 1 OF A GRANT AGREEMENT 3850-
P01-0008 FROM THE COACHELLA VALLEY MOUNTAINS
CONSERVANCY, AWARD A CONSTRUCTION CONTRACT TO
NATURES IMAGE INC., A CALIFORNIA CORPORATION, AND
APPROVE CONTRACT CHANGE ORDER NO. 1 FOR A CONTRACT
AMOUNT OF $803,611 FOR THE RESTORATION OF CITY OWNED
PROPERTY ON DUNN ROAD (ASSESSOR'S PARCEL NO. 635-060-
011), CITY PROJECT NO. 17-04
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
This item will approve several actions related to the Dunn Road Property Restoration
Project (APN No. 635-060-011), City Project No. 17-04: (i) Amendment No 1 to
Agreement 3850-P01-0008 with the Coachella Valley Mountains Conservancy (CVMC)
increase the grant funds by $319,511 for a new grant amount of $803,611; (ii) award a
contract to Natures Image, Inc., a California corporation, in the amount of $1,491,466;
and (iii) approve Contract Change Order No. 1 for a decrease of $687,855 for a reduced
total contract amount of$803,611.
RECOMMENDATION:
1. Approve Amendment No. 1 to Proposition 1 Grant Agreement Grant No. 3850-P01-
0008 (Phase 2 Implementation), (A7037), between the State of California (Coachella
Valley Mountains Conservancy) and the City of Palm Springs, for an increase of
$319,511 to a new grant amount of$803,611;
2. Reject the Bid submitted by Amec Foster Wheeler, Inc., as being non-responsive;
3. Award a construction contract (Agreement No. ) to Natures Image, Inc., a
California corporation, in the amount of $1,491,466 for the Dunn Road Property
Restoration Project (APN No. 635-060-011), City Project No. 17-04;
rMM NO.
City Council Staff Report
March 21, 2018- Page 2
Grant Agreement Amendment with CVMC
Award Dunn Road Property Restoration (CP 17-04)
4. Approve Contract Change Order No. 1 to (Agreement No. ) with Natures
Image, Inc., a California corporation for a decrease of $687,855 for a total revised
contract amount of$803,611; and
5. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Natures Image, Inc., is a California corporation whose corporate officer is Michelle M.
Caruana, as Chief Executive Officer, Secretary, and Chief Financial Officer, and
Director. A search of records available through the Secretary of State of California
shows that as of January 11, 2018, the business entity listed additional Directors or
Officers as John Caruana.
BACKGROUND:
On October 4, 2017, the City accepted Grant Agreement No. 3850-P01-0008 in the
amount of $484,100 from the CVMC which was made available through the Proposition
1 Grant Program. The Grant Agreement provided the City with funding to proceed with
restoration of a 40-acre parcel of land granted to the City in 2016.
The subject parcel is shown in Figures 1 and 2 on the next pages.
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City Council Staff Report
March 21, 2018 - Page 4
Grant Agreement Amendment with CVMC
Award Dunn Road Property Restoration (CP 17-04)
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Figure 2
A copy of the October 4, 2017, staff report is included as Attachment 1.
The City Council also approved the construction documents and authorized the release
for bidding the Project. In accordance with the City Council's approval, staff released the
project for bids.
04
City Council Staff Report
March 21, 2018 - Page 5
Grant Agreement Amendment with CVMC
Award Dunn Road Property Restoration (CP 17-04)
STAFF ANALYSIS:
On November 21 and November 28, 2017, 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 January 18, 2018, the
Procurement and Contracting Division received two construction bids from the following
contractors:
Company Location Bid Amount
Amec Foster Wheeler Environment & Cathedral City, CA $1,194,500
Infrastructure, Inc.*
Natures Image, Inc. Lake Forest, CA $1,491 ,466
*Non-Responsive
Bid Analysis
As part of the City's normal bid review process, staff reviewed all of the bid documents
submitted by the apparent low bidder, Amec Foster Wheeler Environment &
Infrastructure, Inc., ("AMEC"), to ensure compliance with the Instructions to Bidders.
After staff's review, staff determined that AMEC failed to include Bid Bond, and also had
a conflict of interest as AMEC also participated as a sub-consultant to the City's
consultant (Terra Nova Planning & Research, Inc.) in preparing the contract
specifications for the project.
The second low bidder, Natures Image, Inc., submitted a timely bid protest requesting
the City to determine AMEC disqualified due to the conflict of interest; a copy of the bid
protest letter is included as Attachment 2. Staff is in agreement with the bid protest,
which in addition to failure to submit a bid bond, is an appropriate basis to determine the
bid submitted by AMEC as non-responsive.
On all advertisements for bids, the City issues a disclosure under Section N-3 "Award of
Contract," in its Notice Inviting Bids declaring that:
The City reserves the right after opening bids to reject any or all bids, to waive any
informality (non-responsiveness) in a bid, or to make award to the lowest responsive,
responsive bidder, and reject all other bids, as it may best serve the interest of the City.
As a California charter city, pursuant to relevant state and case law, the City Council
retains general authority to award contracts in the best interests of the City. On the
basis, staff recommends that the City Council determine that the apparent low bid
submitted by AMEC be considered non-responsive, and to determine that the bid
submitted by Nature Image, Inc., of Lake Forest, California, is the lowest responsive bid.
05
City Council Staff Report
March 21, 2018- Page 6
Grant Agreement Amendment with CVMC
Award Dunn Road Property Restoration (CP 17-04)
Public Works Contractor Registration Law(SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations
(DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal
submitted for public works projects on or after March 1, 2015. Similarly, a public entity
cannot award a public works contract to a non-registered contractor, effective April 1,
2015. Staff has reviewed the DIR's contractor registration database, and has confirmed
that Natures Image, Inc., is registered with the DIR, and is appropriately licensed.
Natures Image, Inc., of Lake Forest, California submitted the lowest responsive bid.
Staff reviewed the bid, references, and contractor's license, and found the Contractor to
be properly licensed and qualified. A construction contract with Natures Image, Inc., for
the Project is included as Attachment 3.
The bid submitted by Natures Image, Inc., is significantly higher than the estimate of
$484,100 for the restoration work developed by the City's consultant — Terra Nova
Planning & Research, Inc. The higher bid was primarily due to the remote location of
the site, and the extensive biological restoration work and monitoring required in the
CVMC's original scope of work required for the project.
Staff consulted with CVMC to secure additional funding for the project, and to eliminate
items that were not essential to the restoration of the property. Some items included in
the scope of services were deemed not to be critical to the restoration effort. These
included fencing around the site, as the site is remote and virtually inaccessible to
vehicles, and the intent was to open the site to native fauna and re-vegetation of the site
as CVMC believes it would occur naturally over time. The CVMC questioned the
success of previous re-vegetation efforts on other properties and preferred to use their
limited resources in other areas.
Through these collaborative efforts in negotiating changes to the scope of work to focus
on remediation of the site, and deferring any requirement for biological restoration and
monitoring, an amendment to the original agreement was drafted. The CVMC Board of
Directors approved Amendment No. 1 to the Grant Agreement at their March 12, 2018,
Board Meeting. Amendment No. 1, included as Attachment 4, modifies the schedule,
deletes biological restoration items of work and fencing, and increases the funding by
$319,511 to $803,611 to fully cover the cost of the remediation related scope of work.
Staff also discussed with the responsive low bidder to identify items of work that were to
be eliminated from the contract, consistent with Amendment No. 1 approved by CVMC.
The eliminated items will reduce the contract by $687,855, for a total contract amount of
$803,611, which is consistent with the amount to be funded by the CVMC Proposition 1
Grant to the City.
06
City Council Staff Report
March 21, 2018- Page 7
Grant Agreement Amendment with CVMC
Award Dunn Road Property Restoration (CP 17-04)
The eliminated items are listed as follows:
Description of Work Total
Biological Restoration Project Initiation Requirements) ($111,879)
Biological Restoration Restoration Activities $152,267)
-Biological Restoration (Maintenance and Monitoring Activities) ($258,602
Perimeter Fencing ($165,107
TOTAL : ($687,855
The remaining contract items are listed as follows:
Description of Work Total
Item 1 — Cultural resources monitoring and mitigation $84,926
Item 2 — Hazardous and Non-Hazardous Debris Removal and $158,950
Remediation (Debris Removal
Item 3 — Hazardous and Non-Hazardous Debris Removal and $553,932
Remediation (Debris Removal)
Item 4 — Hazardous and Non-Hazardous Debris Removal and $5,803
Remediation (Leaking Drum Removal
TOTAL : $803,611
Staff has prepared Contract Change Order No. 1 reflecting these changes, which is
included as Attachment 5.
Staff recommends that City Council Approve Amendments to Agreement No. 3850-P01-
0008, between the State of California (Coachella Valley Mountains Conservancy) and
the City of Palm Springs approve Amendment No. 1 to Agreement No. 3850-P01-0008,
between CVMC and the City of Palm Springs, reject the bid submitted by Amec Foster
Wheeler, Inc., approve the bid submitted by Natures Image, Inc., and approve Contract
Changer Order No. 1.
ENVIRONMENTAL IMPACT:
Part of the Restoration Plan preparation cost included the preparation of California
Environmental Quality Act (CEQA) documentation for the project. The City filed a Notice
of Exemption with the County and the State Clearinghouse on January 30, 2017,
included as Attachment 6. As an environmental restoration project, the activities are
Categorically Exempt under CEQA Guidelines Sections 15308, 15313 and 15330.
07
City Council Staff Report
March 21, 2018- Page 8
Grant Agreement Amendment with CVMC
Award Dunn Road Property Restoration (CP 17-04)
FISCAL IMPACT:
On October 4, 2017, the City accepted Grant Agreement No. 3850-P01-0008 in the
amount of $484,100 from the CVMC. This amount was increased to $803,611 at the
CVMC Board Meeting on March 12, 2018, through Amendment No. 1 to the Agreement.
The City Council will be awarding a contract in the amount of the original bid of
$1,491 ,466 and concurrently be approving Contract Change Order No. 1 to reduce the
contract amount by $687,855 for a revised total contract amount of $803,611 consistent
with the amount of Proposition 1 grant funds provided to the City by the CVMC.
The City's in kind contribution will be inclusive of staff time.
SUBMITTED
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Thomas Garcia, P.E. Marcus L. Fuller, KIPA, P.E., P.L.S
City Engineer Assistant City Manager
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David H. Ready, Esq., Ph
City Manager
Attachments:
1. October 4, 2017, staff report (Without Attachments)
2. Bid Protest Letter
3. Amendment No. 1 Grant Agreement 3850-P01-0008
4. Construction Contract
5. Contract Change Order No. 1
6. Notice of Exemption
08
ATTACHMENT 1
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City Council Staff Report
DATE: October 4, 2017 UNFINISHED BUSINESS
SUBJECT: APPROVAL OF A GRANT AGREEMENT IN THE AMOUNT OF $484,100
FROM THE COACHELLA VALLEY MOUNTAINS CONSERVANCY FOR
THE RESTORATION OF CITY OWNED PROPERTY ON DUNN ROAD
(ASSESSOR'S PARCEL NO. 635-060-011)AND AUTHORIZE REQUEST
FOR BID FOR SERVICES RELATED TO THE RESTORATION WORK
ASSOCIATED WITH THE PROPERTY, CITY PROJECT NO. 17-04
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
The City has successfully obtained a grant in the amount of $484,100 from the
Coachella Valley Mountains Conservancy through the Proposition 1 Grant Program to
proceed with restoration of a 40-acre parcel of land granted to the City in 2016. This
action will approve and authorize the City Manager to enter into an agreement with the
Conservancy for use of the grant funds for restoration of a City owned property on Dunn
Road (Assessor's Parcel No. 365-060-011) and authorize the request for bids for the
restoration project for the subject property.
RECOMMENDATION:
1. Approve Agreement No. , a Grant Agreement in the amount of $484,100
between the State of California (Coachella Valley Mountains Conservancy) and the
City of Palm Springs, Proposition 1 Grant Agreement Grant No. 3850-P01-0008
(Phase 2) Implementation;
2. Approve the plans, specifications and estimate and authorize staff to advertise and
solicit bids for the Dunn Road Property Restoration Project (APN No. 635-060-011),
City Project No. 17-04; and
3. Authorize the City Manager to execute all necessary documents.
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10
City Council Staff Report
October 4, 2017 -Page 2
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
STAFF ANALYSIS:
On October 7, 2015, the City Council adopted Resolution No. 23903 supporting and
authorizing the submittal of applications for grant funds from the Coachella Valley
Mountains Conservancy Proposition 1 Program. The Coachella Valley Mountains
Conservancy, (the "Conservancy"), was established by California Public Resources
Code Section 33501 in 1991 to protect the natural and cultural resources of the
Coachella Valley and its surrounding mountains, which include the San Jacinto and
Santa Rosa Mountains National Monument and portions of Joshua Tree National Park.
The Conservancy has a history of working efficiently with federal agencies, Riverside
County, local cities and numerous nonprofit organizations to preserve open space,
Wildlife, scarce water resources and historical artifacts through conservation land
acquisition, habitat management or restoration, and educational and recreational
opportunities for residents and visitors.
Proposition 1, the "Water Quality, Supply, and Infrastructure Improvement Act of 2014,"
was enacted by the voters on November 4, 2014, to provide a comprehensive and
fiscally responsible approach for addressing the array of challenges facing California's
limited water resources. Proposition 1 provides funding to implement the three
objectives of the California Water Action Plan, namely, more reliable water supplies, the
restoration of important species and habitat, and a more resilient and sustainably
managed water infrastructure.
Under Chapter 6 of Proposition 1, the Conservancy received an allocation of$10 million
to fund multi-benefit water quality, water supply, and watershed protection and
restoration projects that benefit the Coachella Valley. On May 11, 2015, the
Conservancy adopted Proposition 1 Grant Program Guidelines, (the "Guidelines"),
establishing the process to be used by the Conservancy to solicit applications, evaluate
proposals and award grants of Proposition 1 funds. The Conservancy anticipates
making $2.5 million available for eligible projects in fiscal year 2015-16, and
approximately $2.0 million per year for the next four fiscal years. The minimum grant
amount is $5,000. The Conservancy will administer one or more competitive cycles
each fiscal year through the issuance of a Notice of Funding Availability ("NOFA").
Applicants must submit a Conservancy Proposition 1 grant application package in
accordance with the requirements of a NOFA to be considered.
On May 11, 2015, the Conservancy adopted the Proposition 1 Grant Program
Guidelines, and requires:
Applicant possesses regal authority to apply for the grant, and to implement the
proposed project described in the Project Narrative attached below. A resolution, motion
or similar action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the
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City Council Staff Report
October 4, 2017- Page 3
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
official representative of the applicant to act in connection with the application and to
provide such additional information as may be required.
Eligible projects include "Watershed Restoration Projects" intended to enhance
watershed related natural features, such as washes, channels, streams, or riverbeds.
An example is implementing a project to clean up or remediate hazardous materials that
are detrimental to water quality and/or habitat value. Under this eligible project
category, staff recommended and the City Council approved the submittal of an
application related to the remediation of a 40-acre agricultural parcel of land located at
the southern City limits in the Pinyon Pines area, off of Dunn's Road, as shown in
Figure 1. This parcel is located in an environmentally sensitive area at the top of the
watershed to Palm Canyon Wash. Stormwater passing over this property has the
potential to percolate through the hazardous materials and contaminate the underlying
aquifer—which is at the headwaters of the Palm Canyon Wash,
12
City Council Staff Report
October 4, 2017 - Page 4
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
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Figure 1
The parcel of land was previously used for agricultural purposes, but subsequently has
had trash, debris and refuse, including potentially hazardous materials, illegally
disposed on the site. A close up aerial view of the parcel is shown in Figure 2.
13
City Council Staff Report
October 4„ 2017 - Page 5
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
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Figure 2
The City initially requested funding from the Conservancy in the amount of $885,000
assuming a very conservative and worst case scenario to remove potentially hazardous
materials. On January 22, 2016, the Conservancy notified the City of the Conservancy's
approval of the Remediation Project, and a recommendation of funding, Subsequently,
the City received an agreement from the Conservancy awarding the City $65,390 in
Proposition 1 funding to initiate Phase 1 of the Remediation Project, which consisted of
the preparation of a Restoration Plan.
14
City Council Staff Report
October 4, 2017-Page 6
Grant Agreement with CVMC
Dunn Road Property Restoration(CP 17-04)
On July 6, 2016, the City Council approved issuance of Purchase Order 17-0426, in the
amount of $65,390, to the City's "on call" environmental consultant, Terra Nova
Planning & Research, Inc., the successful proposer for the Restoration Plan, Terra
Nova completed the Restoration Plan, which included a more accurate cost estimate for
the physical restoration of the site per the report findings. The City submitted the
Restoration Plan to the Conservancy for its review and approval. At its meeting of
March 15, 2017, the Conservancy approved the Restoration Plan, and authorized a
further grant, in the amount of $484,100 to implement the restoration of the site which
consists of three primary steps:
• Monitoring of archaeological sites on the property.
• Removal from the,site of household waste and one leaking oil drum and disposal of
the materials off-site at a designated landfill.
• Biological Restoration of the site, including the improvement of soils, the planting of
seeds and container plants, and the monitoring of these plants to assure that the
natural habitat is restored.
Concurrently, at its meeting of July 6, 2016, City Council approved the acquisition of the
property through Resolution No. 24057. Since that time, escrow has closed and the
property is now owned by the City. Subsequently, the Conservancy has forwarded the
grant agreement to the City for its grant approval and to begin Phase 2, restoration of
the site. Staff recommends approval and acceptance of the grant by the City Council
and has included a copy of the grant agreement in Attachment 1. Resolution No.
24057 is included as Attachment 2 for reference. The Resolution approving the Grant
by the Conservancy is included as Attachment 3.
The project will be bid as comprehensive tasks that will include the three primary
activities for the site remediation listed above. Specifically, the Request for Bids
includes:
• Cultural Resource Monitoring as part of the Remediation Work;
• Removal and disposal of wastes at a designated waste facility; and,
• Development and implementation of a biological restoration plan, including soil
amendments, revegetation, and monitoring.
The schedule for the original grant has been modified to reflect the evolving nature of
the project. Whereas the original schedule identified these tasks to be done in a linear
fashion, the new schedule will have them done concurrently under one contract. Any
modifications to the schedule will be negotiated with the Conservancy.
The biological restoration plan includes the use of native species through acquisition of
plants from commercial suppliers, germination of seeds, cuttings, or transplants,
salvage of plants that would otherwise be destroyed, micro propagation, or other means
approved by the City.
15
City Council Staff Report
October 4, 2017-Page 7
Grant Agreement with CVMC
Dunn Road Property Restoration(CP 17-04)
Monitoring requirements are consistent with the requirements of the Grant, and include
both short term monitoring of cleanup and construction activities as well as longer term
site inspections. The short term monitoring will be done under contract, with longer term
monitoring to be done by City staff or on-call consultants, at the City's discretion.
The work to be contracted out for the restoration of the site will be paid for through the
grant. As part of its commitment to the project and condition of the grant, the City will
make an in-kind contribution for any staff time associated with the project including the
purchase and acquisition of the property. The City's contribution to the grant with in-
kind services will not be reimbursable.
ENVIRONMENTAL IMPACT:
Part of the Restoration Plan preparation cost included the preparation of California
Environmental Quality Act (CEQA) documentation for the project. The City filed a Notice
of Exemption with the County and the State Clearinghouse on January 30, 2017,
included as Attachment 4. As an environmental restoration project, the activities are
Categorically Exempt under CEQA Guidelines Sections 15308, 15313 and 15330.
FISCAL IMPACT:
After approval by City Council, the Conservancy will grant $484,100 for the restoration
of the property and will be available for awarding to the selected contractor. The City's
in kind contribution will be inclusive of staff time and services provided by any on-call
consultants.
SUBMITTED
Thomas Ga cia, P.E. Ma cus L. Fuller, A, P.E., P.L.S
City Engineer Assistant City Manager
David H. Ready, Esq., Pt
City Manager
Attachments:
1. Grant Agreement: Proposition 1
2. Resolution No. 24057 — Dunn Road Property Acceptance
3. CVMC Resolution
4. Notice of Exemption
16
ATTACHMENT 2
.rr✓ natures image
January 19, 2019
Attn: Tom Garcia, Director of Engineering Services—City Engineer
Re: Dunn Road Property Restoration, City Project No. 17-04 Bid Results
Per section, 7,08.030, Bid Protests of the Special Provisions,this letter is being filed in protest
of the bid results for the City of Palm Springs, Dunn Road Property Restoration Project, City
Project No. 17-04.
The apparent low bidder, Amec Foster Wheeler/Wood, is preparer&designer of two
documents included in the Special Provisions; PART III APPENDIX, Remediation and
Restoration Plan, authored December of 2016. These documents include the Biological
Resources Assessment for the Dunn Road Remediation Project and the Dunn Road
Remediation Restoration Plan. Portions of the indicated documents were used,verbatim, in
the Scope of Work/Lump Sum Bid Schedule.
As preparer&designer of these plans,Amec Foster Wheeler/Wood had an unconscionable
competitive advantage over the other bidders and should be disqualified due to a conflict of
interest. During the preparation of these documents,Amec Foster Wheeler/Wood had
disparate access to influential project information and project stakeholders. Additionally,
Amec Foster Wheeler/Wood prepared an independent cost estimate(Section 9.0 of the Dunn
Road Restoration Plan)which was withheld from other bidders. Amec Foster Wheeler/Wood
indisputably had superior knowledge in regard to the Dunn Road Property Restoration
Project than all other parties engaged in the bidding processes.
The intent of this protest is not to have the bid formally overturned and/or re-awarded; it is to
protect the City of Palm Springs from subsequent litigation which may arise from apparent
conflict of interest aforesaid. Additionally,the intent is to beseech the City of Palm Springs
to facilitate an impartial `playing-field' in which the ensuing processes [bidding] shall
generate competitive and egalitarian proposals/bids from Contractors solicited for work.
X Date: / •/1./r1
A.J. Fox, EVP&CO
aifoxanat�i simage.net
20361 Hermane Circle,Lake Forest,CA.92630►P 949 680 4400•F 949 680 4450 •www.naturesimage.net • CL720513
h e a l i n g e n v i r o n m e n t & 18
ATTACHMENT 3
19
AMENDMENT No. 1 TO GRANT AGREEMENT No. 3850P010008
This Amendment No. 1 ("Amendment") is made and effective as of March 12, 2018 by
and between the Coachella Valley Mountains Conservancy of the State of California("State") and
the City of Palm Springs ("Grantee"), with respect to that certain Grant Agreement (No. 3850-
P01-0008)dated as of November 27,2017(the"Agreement")with respect to Grantee's San Jacinto
Mountains Watershed Restoration—Phase 2 Implementation - Project(the "Project")
State and Grantee have agreed to amend the Agreement as follows:
1. Term of Grant Agreement: The termination date of the Agreement is hereby changed to
June 30,2023,or when all of Grantee's obligations under the Agreement are fully satisfied,
whichever is earlier.
2. Grant Amount: The maximum amount payable by the State under this Agreement is hereby
increased to and shall not exceed $803,611.00.
3. Project Representatives: The Project Manager during the term of this Grant Agreement is
hereby changed; Grantee shall direct all inquiries to Diana Rosas, Project Coordinator.
4. Work Plan: Exhibit A, the 41h paragraph and the first line of the 5' paragraph on page 8 of
the Agreement are hereby deleted and replaced with the following:
The cleanup effort shall include removal of all debris as specified in the Terra Nova
Restoration Plan. In order to achieve the greatest benefit with the available funding,the
debris removal effort is focused on the existing buried debris rows. As the site has
scattered debris (glass) covering other large surface areas of the site, and mechanical
removal of all these debris would negatively impact the existing vegetation, hand tools
such as shovels,rakes or screens will be used to remove small areas of debris. Care will
be taken to limit to the extent possible the removal of the soil underlying the debris.
Notice shall be served to the State upon the completion of the site cleanup,the State will
perform a site inspection of the cleanup work to ensure that any insignificant or
biodegradable material left behind is no more than '/2 inch in any dimension. Upon State
approval of the cleanup work,the State may request dump receipts or documentation to
ensure that the debris was legally disposed of per state and/or local regulations.
Item number 8 of the work plan table on page 9 is also hereby deleted from the work plan.
5. Budget: Exhibit B,Budget is hereby deleted and replaced with the attached revised Exhibit
B, Budget.
6. Schedule: Exhibit C, Schedule is hereby deleted and replaced with the attached revised
Exhibit C, Schedule.
20
7. Additional Terms and Conditions: Exhibit H, item numbers 4 and 5 of the Additional
Terms and Conditions on page 31 of the Agreement are hereby deleted and replaced with
the following:
Grantee will evaluate the natural recovery of the native plants after a two-year period of
self-recovery following the cleanup and disposal of the surface debris. During and after
the two-year evaluation period, Grantee shall comply with the requirements set forth in
the Notice of Unrecorded Grant Agreement.
If it is deemed necessary to augment the recovery of natural vegetation, Grantee will
initiate a separate project to plant seeds and/or seedlings to aid in the plant restoration
site. The new project and contract may be funded with any savings from the original
debris removal project, subject to State approval.
8. Annual Monitoring and Management Report: Exhibit J, Annual Monitoring and
Management Report is hereby deleted and replaced with the attached revised Exhibit J,
Annual Monitoring and Management Plan.
Except to the extent specifically revised by this Amendment, all other terms and conditions of the
Agreement remain in full force and effect.
IN WITNESS WHEREOF, State and Grantee have executed this Amendment No. 1 as of the date
first written above.
STATE: GRANTEE:
Jim R. Karpiak David Ready
Executive Director City Manager
Coachella Valley Mountains Conservancy City of Palm Springs
21
State of California - The Resources Agency
COACHELLA VALLEY MOUNTAINS CONSERVANCY
APPLICATION FOR LOCAL ASSISTANCE GRANT (Proposition 1)
PROJECT NAME: AMOUNT OF GRANT REQUESTED
$803,611.00
San Jacinto Mountains Watershed Acquisition and ESTIMATED TOTAL PROJECT COST
Restoration (Phase 2-Implementation)Project $
GRANT APPLICANT COUNTY: Riverside
PROJECT LOCATION
City of Palm Springs Portion of Riverside County in the South area of
3200 E.Tahquitz Canyon Way Palm Springs (APN: 635-060-011, 40 acres in
Palm Springs,CA 92262 Section 17, Township 6 South, Range 5 East).
NEAREST CROSS STREET
Dunn Road
SENATE DISTRICT ASSEMBLY DISTRICT
NO.28 NO.42
GRANT APPLICANTS REPRESENTATIVE TITLE PHONE
AUTHORIZED IN RESOLUTION
David Read 760 322-8280
PERSON WITH DAY-TO-DAY RESPONSIBILITIES FOR TITLE PHONE
PROJECT IF DIFFERENT FROM AUTHORIZED
REPRESENTATIVE
Marcus Fuller Assistant City Manager/ (760)322-8280
City Engineer
BRIEF DESCRIPTION OF PROJECT
The City of Palm Springs will implement the Restoration Plan that was created for the project.The restoration work
includes cultural resources monitoring and mitigation, proper removal and remediation of household and hazardous
waste which contains one leaking drum.
For Acquisition projects, Project land will be up to For Restoration or Infrastructure projects, Project Site is
approximately acres. Aooroximately 40 Acres.
Acquired in fee simple by Grant Applicant. X Acres owned in fee simple by Grant
Applicant.
__---Acquired in other than fee simple(explain)
Acres available under a year
lease.
Acres other interest(explain)
/certify that the information contained in this project application form, including required attachments, is accurate.
SIGNED DATE 20_
Grant Applicant's Authorized Representative as shown in Resolution
22
CVMC Proposition 1 Grant Program Guidelines—Adopted May 11,2015
CERTIFICATION
Applicant possesses legal authority to apply for the grant, and to implement the
proposed project described in the Project Narrative attached below. A resolution,
motion or similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the
person identified as the official representative of the applicant to act in connection
with the application and to provide such additional information as may be required.
Applicant will cause the project to be implemented in accordance with the
schedule, budget and conditions contained in its grant proposal. Where the project
includes land acquisition, the property shall be maintained in perpetuity for the
conservation of its biological and scenic resources. With the approval of the
Conservancy, the applicant or its successors in interest in the property may transfer
the responsibility to maintain the property to a qualified local, state, or federal
agency, or to another qualified non-profit organization.
Applicant will give the State's authorized representative access to and the right to
examine all records, books, papers, or documents related to the grant.
Applicant will comply where applicable with provisions of the California
Environmental Quality Act and the California Relocation Assistance Act, any other
state, and/or local laws, and/or regulations.
Applicant provides the foregoing assurances as witnessed by the signature of
applicant's authorized representative below.
David Ready, City Manager Date
Page 12
23
Grant Agreement No. 3850-POI-0008 Ph2
Page 8 of37
EXHIBIT A
WORK PLAN
Grantee shall complete the restoration work summarized below and described more
particularly in the City of Palm Spring's grant application dated, 11/2015,Grant Agreement,
dated 04/2017 and the Tera Nova Restoration Plan dated 12/2016. Grantee is required to
comply with CEQA and the Notice of Exemption filed by Grantee on 1/26/2017 at all times.
All above referenced documents are on record with the CVMC and the Grantee and are
hereby incorporated by this reference.
Summary of Work Plan:
On approximately 2 acres of the Site, household waste has been mixed into the soil ranging in
bands ranging from 6 inches to 1.5 feet deep. Other smaller areas have a thinner approximately 2
inch layer of household debris, irrigation tubing or piles of debris. Also,numerous dead trees from
the old orchard remain. All of the above need to be removed and transported for legal disposal.
One 55 leaking drum containing petroleum exists and has impacted the surrounding soil. This is
a"Recognized Environmental Condition"and will require cleanup and disposal in accordance with
hazardous waste regulations.
Six previously undocumented archeological artifacts were discovered on the Site, including one
Native American site,one historical site and four Native American isolated artifacts. The two sites
will be preserved on site with historical signage, and the isolates will receive permanent curation
in accordant with federal regulations. The work and curation will be supervised by the Agua
Caliente Trail Historic Preservation Office.
Due to the agrieultural use and histerie domping, the nawfal habitat values ef the Site have been
diminished. As the Site is within themodeled habitat for-the peftitistilar bighem sheep and 6fays
will be feefeated .,
staffnwatef flow into the aquifef) and reseeding effiative plants afld planting of a limited fitimber-
The eleanup--W-4 Fles#A-ffi* A-R;A,R-14 r-hall h—e de-Me ever a period of several menths;the geal is to seed
�'^'zv17 18. The work and debris removal would be supervised by appropriate environmental
professionals and tribal cultural monitors to assure compliance with regulations and best practices.
The City would be responsible for obtaining consents from adjacent property owners to traverse
and transport waste over their lands, as well as for proper disposal of the waste. Also, the City
would monitor the natural progress of the restored portions of the Site for a minimum of five years
with ongoing management and monitoring of the entire property in perpetuity. Annual reports
monitoring reports shall be provided to the CVMC through June 30, 2038. The entire Site shall
be covered by a Notice of Unrecorded Grant Agreement(NUGA) in the format included herein as
Exhibit 1; the Grantee shall record this NUGA as a separate document requiring the land to be
conserved in perpetuity but permitting recreational or educational uses ONLY (including trails)
24
Grant Agreement No. 3850-POI-0008 Ph2
Page 9 of 37
that do not conflict with the habitat/cultural resource values of the Site.
WORK PLAN
Site Assessment
Task Task Description Product or Results Timeframe
1. In concert with the Friends of the Desert Site description NTP+3 months
Mountains,initiate formal assessment of the
site including site description and history
2. Contract for soil testing at site to determine Soil test results NTP+3 months
extent and nature of soil contamination
3. Develop Request for Proposal(RFP)for civil RFP NTP+9 months
engineering services to prepare formal
scope of work for site cleanup and
restoration
4. Award contract and work with civil Site Cleanup and NTP+ 12 months
engineer to develop Site Cleanup and Restoration Plan
Restoration Plan
Site Cleanup and Remediation
Task Task Description Product or Results Timeframe
5. Develop bid package for implementation of Bid package NTP+15 months
Site Cleanup and Restoration Plan
6. Solicit and score bids; award contract(s) Executed contract NTP+18 months
with qualified
contractor
7. Begin removal of waste substances and Site cleanup NTP+21 months
trash
4, n__:_ site_..steratia_. eaiiiplete rv*ccicim,%iereivie nrr❑ , 7nr,-�—ci-ms I;th5
25
Grant Agreement No. 3850-P01-0008 Phl
Page 10 of 37
WORK PLAN
Site Maintenance
Task Task Description Product or Results Timeframe
9. Design,procure and install signage to deter Site Protection NTP+21 months
future dumping
10. Maintain site Site Protection NTP+30 months
Public Education and Outreach
Task Task Description Product or Results Timeframe
11. Develop public education plan Education and NTP+ 10 months
Outreach Plan
12. Implement education and outreach Predetermined NTP+21 months
activities activities
Project Administration
Task Task Description Product or Results Timeframe
13. Initiate photo and video documentation of Outreach NTP+3 months
project
14, Gather data and evaluate project Project Evaluation NTP+21 months
15. Assemble and submit invoices Invoices NTP+22 months
16. Develop and submit Final Report Final Report NTP+24 months
26
Grant Agreement No. 3850-PO1-0008 Ph2
Page 11 of37
EXHIBIT B
BUDGET
PROJECT COSTS:
Description of Work Schedule of Values
Item I —Cultural resources monitoring and mitigation $84,926.00
Item 2—Hazardous and Non-Hazardous Debris Removal and $158,950.00
Remediation Debris Removal)
Item 3 —Hazardous and Non-Hazardous Debris Removal and $553,932.00
Remediation Debris Removal)
Item 4—Hazardous and Non-Hazardous Debris Removal and $5,803.00
Remediation (Leaking Drum Removal
TOTAL LUMP SUM BID: $803,611.00
27
Grant Agreement No. 3850-P01-0008 Ph2
Page 12 of 37
EXHIBIT C
SCHEDULE
Tasks Start Date End Duration
Date Months
Cultural Resources Monitoring April October 6
2018 2018
Hazardous Material Remediation (Cleanup) April October 6
2018 2018
Site Self-Recovery Evaluation Period (Post November October 24
Cleanup) 2018 2020
Performance Monitoring Plan Reporting October June Every
2018 2023 3 mos.
Annual Monitoring and Management Report June June Annually
(Exhibit J) 2022 2039
. 28
Grant Agreement No. 3850-P01-0008 Ph2
Page 31 of 37
EXHIBIT H
ADDITIONAL TERMS AND
CONDITIONS
1. Prior to receiving any grant disbursements, Grantee shall record a Notice of Unrecorded Grant
Agreement(NUGA)in the form included herein as Exhibit I on the 40 acre site described more
particularly in Exhibit I (the "Property"). Grantee shall record this NUGA as a separate
document and not as an exhibit or correction to the Property grant deed. The NUGA shall
require the Property to be conserved in perpetuity, but permitting ONLY recreational or
educational uses (including trails)that do not conflict with the habitat/cultural resource values
of the Site.
2. Grantee shall not convey title or any other interest in Property to any other person or entity
without the express written approval of the Conservancy. The Property may not be used as
security for any debt without the written approval of the State of California, acting through
Grantor or its successor. Notwithstanding the foregoing, and in addition to any other remedies
set forth in this Agreement, it is expressly agreed that if there is a sale or conveyance of any
interest in the Property,the Grantee shall reimburse the Conservancy for the full amount of the
grant sum. Upon such sale or conveyance of the property,the repayment amount shall be made
to the Conservancy within sixty(60) days of the completion of the sale or conveyance.
3. During the native species restoration process, the Grantee shall not remove the living historic
Pistachio trees; all efforts shall be taken to preserve these species due to their historical value.
If it is determined that is necessary to remove any of the pistachio trees, the Conservancy
should be consulted and provided a justification for their removal. The restoration work shall
be overseen by a qualified botanist, arborist or landscape architect. In particular, the
determination that any species is native or non-native, or otherwise suitable for removal or
planting, shall be documented in writing by the Grantee. In the case that native vegetation is
proposed for removal, the Conservancy should be consulted and provided a written
justification prior to its removal.
n After es , ,. pee,l n during eyear e f Tel :tet:.
• t t: lt d th c DF �b DI., Re t'e« b
Pefied set f4th iR Exhibit G,speeial..ttewi shall be id t e ..I a fthe eent. ne
ineluded iR all Fepef4s to the Conservaney to ..Ile !`[/N4G to ..11e us to ase .,he planning
e,.te.etmoR cethe...:te.
c Pr-ier t eam-nne .t of the s ..t: and within 30 ae ec:t. eempletion,
..het,. do nt: eemplet: A f the st.. .,t: pr-ejeet
6. Grant funds disbursed for tasks during the 5 year "Performance Monitoring Plan" period
referred to in Exhibit C,need to comply with state bond requirements—i.e., the funds cannot
29
Grant Agreement No. 3850-POI-0008 Ph2
Page 32 of 37
be used to pay for simple maintenance; rather the funds must be for things like professional
monitoring,replanting, additional capital work,etc.Ongoing costs accrued during the"Annual
Management and Monitoring" period, after the 5 year"Performance Monitoring Plan" period
has been completed, shall be the responsibility of the Grantee.
7. Annual Management and Monitoring and shall be conducted and reported to CVMC in
substantially the format included herein as Exhibit J. At the request of CVMC, but not less
than once in any period of three calendar years, grantee shall allow designated staff of CVMC
to access the Property to assess compliance with the terms, covenants and conditions of this
Agreement.
30
Grant Agreement R'o. 3850-P01-0008 Ph2
Page 36 of 2
EXHIBIT J
Monitoring and Management Plan
Date Plan Submitted to Grantor:
Grant Number: Date:
Grantee:
Parcels):
Location:
Best Way to Access Property:
Annual Monitoring Plan: Describe whether the annual site inspection would be a physical site
inspection or an aerial photo/GIS site inspection. If the latter, explain why (e.g., lack of access,
and lack of threat). If the former, describe roughly when the annual site inspection would occur;
whether the same monitoring protocol would be used each year; explain changes in site
conditions since the prior new inspection. Copies of photos and the new annual site inspection
report should be sent to GRANTOR.]
Management Plan: Describe any management actions that occurred during or immediately
following the acquisition; e.g. Seller removed trash, etc. observed during the site inspection; or
following acquisition a gate/barrier was installed on a dirt road providing access to the property.
The rest of the management plan should briefly characterize the potential threats/issues based
on the location of the property (e.g., ORV trespass, dumping, invasive species, etc.), and then
identify any longer range actions that might be contemplated, such as remove invasive species;
or, if applicable, fence some or all of the property, perhaps in conjunction with adjacent property
owned by other conservation land management entities. If there is a long-term goal to convey title
to another conservation entity for long-term management, note that here.
31
Grant Agreement No. 3850-P01-0008 Ph2
Page 37 of 2
Annual Monitoring and Management Report
Date Plan Submitted to CVMC:
Grant Number: Date:
Grantee:
Parcel(s):
Location:
Date Property Acquired: Restoration Completion Date:
Description of management actions undertaken or that were identified as needing to be undertaken:
Expenditures by the grantee(staff time,equipment,etc.)and any volunteer time utilized to effect
monitoring and management actions:
Management need,if any,for the coming year and funding sources:
32
ATTACHMENT 3
33
ATTACHMENT 4
34
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 Natures
Image, Inc., a California corporation, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City,
Contractor agrees to furnish all materials and perform all work required to complete the Work as
specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for
the Project entitled:
DUNN ROAD PROPERTY REHABILITATION
CITY PROJECT NO. 17-04
The Work comprises the removal and remediation of hazardous and non-hazardous wastes, and
re-naturalization of a vacant City-owned 40-acre parcel located off of Dunn Road in the Pinyon
Flat area north of Alpine Village within the most southerly portion of incorporated Palm Springs.
The property is identified by Assessor's Parcel Number 635-060-011, with geographic coordinates
of Latitude 33.64527 and Longitude -116.47866 at the center of the 40 acre parcel. The
Contractor will be required to coordinate cultural monitoring, biological monitoring, and geological
monitoring by appropriate professionals, as required by the Remediation and Restoration Plan.
The Work includes restoration and re-vegetation of the disturbed areas.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the
Notice to Proceed by the City, and the Work shall be fully completed within the time specified in
the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the
City will suffer financial loss if the Work is not completed within the time specified in Article 2,
herein, plus any extensions thereof allowed in accordance with applicable provisions of the
Standard Specifications, as modified herein. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the
Work is not completed on time.
Accordingly, instead of requiring any such proof, the City and the Contractor agree that as
liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum
specified in Section 6-9 of the Special Provisions for each calendar day that expires after the
time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it
has reviewed the provisions of the Standard Specifications, as modified herein, related to
35
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
One Million Four Hundred Ninety One Thousand Four Hundred Sixty Six Dollars
($1,491,466).
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, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local
Business Preference Program — Good Faith Efforts, Non-Discrimination Certification, Non-
Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement,
Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications,
Special Provisions, the Drawings, Addenda numbers 01 to 03, inclusive, and all Construction
Contract Change Orders and Work Change Directives which may be delivered or issued after the
Effective Date of the Agreement and are not attached hereto.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the
City, the Contractor agrees to furnish all materials and perform all work required for the above
stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the materials,
complete the Work, and fulfill the obligations according to the terms and conditions herein
contained and referred to, for the Contract Price herein identified, and hereby contracts to pay
the same at the time, in the manner, and upon the conditions set forth in the Contract
Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor
Code requirements specified in the Contract Documents, including the requirement to furnish
electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor
36
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 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—CONFLICT OF INTEREST AND NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor-in-interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor
or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement nor shall
Contractor enter into any agreement of any kind with any such officer or employee during the
term of this Agreement and for one year thereafter. Contractor warrants that Contractor has
not paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
37
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or
mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that
applicants are employed, and that employees are treated during their employment, without
regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this
Agreement, and in executing this Agreement, Contractor certifies that its actions and
omissions hereunder shall not incorporate any discrimination arising from or related to any
prohibited basis in any Contractor activity, including but not 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; and further, that Contractor is in full compliance with the provisions of Palm
Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
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
38
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, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
Date
By
David H. Ready
City Manager Agreement No.
ATTEST:
By
Anthony J. Mejia, MMC
City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia, P.E.
City Engineer
SONORA ROAD STORM DRAIN IMPROVEMENTS
CITY PROJECT NO. 16-12 AGREEMENT FORM
DECEMBER 14,2017 AGREEMENT AND BONDS-PAGES
39
CONTRACTOR
By: Natures Image, Inc., a California Corporation
Firm/Company Name
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
State of . ) State of )
County of )ss County of )ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
DUNN ROAD PROPERTY RESTORATION
CITY PROJECT NO. 17-04 PAYMENT BOND 0
MARCH 21,2018 AGREEMENT AND BONDS-PAGE 6
ATTACHMENT 5
41
4 eALM s,y
CITY OF PALM SPRINGS
u CONTRACT CHANGE ORDER
C'Q</iOA��P
To: Natures Image, Inc. Date: March 21, 2018
20361 Hermana Circle Project No: 17-04
Lake Forest, CA 92630 Project: Dunn Road Remediation
Change Order One (1)
Purchase Order 18-OXXX
CHANGES IN WORK:
Removed Items:
A. Remove Contract Item 5: Biological Restoration (Project Initiation Requirements)
B. Remove Contract Item 6: Biological Restoration (Restoration Activities)
C. Remove Contract Item 7: Biological Restoration (Maintenance and Monitoring Activities)
D. Remove Contract Item 8: Perimeter Fencing
CHANGES IN COST:
This change order wholly deductive for the lump sum bid items as follows:
Description Total
Biological Restoration Project Initiation Requirements) $111,879
Biological Restoration Restoration Activities $152,267
Biological Restoration Maintenance and Monitoring Activities $258,602
Perimeter Fencing $165,107
Total Net Change Order Amount: ($687,855)
CHANGES TO CONTRACT TIME:
20 working days are being removed for these changes such that the total project working days are 40.
SOURCE OF FUNDS:
Prop 1 Grant for Dunn Road (Account No. 261-4491-50336)
42
Contract Change Order No. 001
DATE: 3/21/18
Page 2
SUMMARY OF COSTS:
Original Contract Amount: $ 1,491466.00 Original Completion 60 Days
This Change Order: $ ($687,866.00) Days Added (20)
Previous Change Order(s): $ 0.00 Previous Days Added: 0
Revised Contract Amount: $ 803,611.00 Revised Completion 40 Days
[SIGNATURES ON NEXT PAGE]
43
Contract Change Order No. 001
DATE: 3/21/18
Page 3
1 have received a copy of this Change Order and the above AGREED PRICES are acceptable to
Natures Image, Inc.
Signature Date
Printed Name and Title
Citv of Palm Springs
Recommended Bv:
Thomas Garcia, City Engineer Date
Approved Bv:
David H. Ready, City Manager Date
Attest Bv:
Anthony Mejia, City Clerk Date
Distribution:
Original Conformed Copy: Conformed - File Copv:
Contractor (1) Engineering Pay File (1)
City Clerk (1) Project City File (1)
Purchasing (1)
Finance (1)
44
ATTACHMENT 6
4s
Notice of Exemption Appendix E
To: Office of Planning and Research From: Departing I of Public Works
1400 Tenth Street City of Palm Sprints
P.O.Box 3044,Room 3200 East Tahquitz Canyon Way
113Sacramento,CA 95812-3044 Palm Sprints-California 92262
County Clerk
County of: Riverside
2724 Gateway Drive
Riverside, CA 92507
Project Title: Dunn Rgad Property Restoration Project
Project Applicant: Bitty of Palm Springs
Project Location-Specific:Assessor Parcel Number 635-060-011,located at the southern City limits,Palm Springs,
Riverside County,CA
Project Location-City: Palm Springs Project Location-County: Riverside
Description of Nature,Purpose and Beneficiaries of Project:
The Proposed Project consists of 40 acres of land in the San Jacinto mountains.The site is within a Conservation Area
for Peninsular bighorn sheep, as defined by the Coachella Valley Multiple Species Habitat Conservation Plan. The
property has been an orchard in the past, and has been subjected to extensive illegal dumping. The main goal of this
project is the removal of solid waste and potentially hazardous materials from the site and the restoration of the native
habitat on the property. The illegally dumped materials on the property will be removed, and the site restored to its
natural condition by qualified professionals.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Out Project: City of Palm Springs
Exempt Status: (check one):
❑ Ministerial(Sec.21080(b)(1); 15268);
❑ Declared Emergency(Sec. 21080(b)(3); 15269(a));
❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
® Categorical Exemption. State type and section number: CEOA Section 15308,15313.15330
❑ Statutory Exemptions. State code number.
Reasons why project is exempt:
The Project qualifies as a Categorical Exemption pursuant to Guidelines Section 15308, 15313 and 15330 because it will
protect the environment on and down-gradient of the site; will restore and conserve the property for wildlife habitat,
including the endangered Peninsular bighorn sheep; and will stabilize and mitigate previous illegal dumping of
household waste,oil drums and other materials occurring on the property at this time.
Lead Agency
Contact Person: Marcus Fuller i or of Public Works Telephone/Extension: (7601322-8380
Signa ne: ate: U/ l' l Title: 7` ��
®Signed by Lead Agency ❑ Signed by Applicant
Authority cited:Sections 21083 and 21110,PublicResources Code. Dale Received for filing at OPR:
Reference:Sections 21108,21152,and 21152.1,Public ResourcesCodc.
Revised 2011
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