HomeMy WebLinkAbout3/15/2017 - STAFF REPORTS - 1.F. �pALM S,.
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YC441F It City Council Staff Report
DATE: March 15, 2017 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF MESQUITE AVENUE STREET IMPROVEMENTS,
CITY PROJECT NO. 12-01
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
Formal City Council acceptance of the Mesquite Avenue Street Improvements, City
Project No. 12-01, is required to document the completion of the public works
improvements, and to allow the City's filing of a Notice of Completion with the Riverside
County Recorder in accordance with Section 9200 of the California Civil Code.
RECOMMENDATION:
1) Accept the public works improvements identified as the Mesquite Avenue Street
Improvements, City Project No. 12-01, as completed in accordance with the plans
and specifications; and
2) Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for Mesquite Avenue Street Improvements,
City Project No. 12-01.
STAFF ANALYSIS:
On August 3, 2016, the City Council awarded a construction contract in the amount of
$344,500 to Matich Corporation, a California corporation, for the Mesquite Avenue Street
Improvements, City Project No. 12-01, (the 'Project').
The scope of the project provided the following improvements on a 1,300-foot segment
of Mesquite Avenue west of Belardo Road: road widening on the northerly side of
Mesquite Ave. including pulverization and re-compaction of the existing roadway
segment; Portland cement concrete (PCC) curb and gutter improvements along the
ITEM N0, 1-' '
City Council Staff Report
March 15, 2017-- Page 2
Acceptance of CP 12-01, Mesquite Avenue Street improvements
northerly side of Mesquite Ave.; PCC sidewalk improvements along the southerly side
of Mesquite Ave. from Lykken trailhead to the mobile home park entry; and PCC
driveway, ramp, spandrel and cross-gutter improvements. A location map with a 500'
influence radius from the project area is provided in Figure 1.
law
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Figure 1 — Location Map
The City Manager administratively approved one construction contract change order
("CCO ), crediting the City in the amount of $3,005.85 representing a decrease of
approximately 1% to the original contract amount for a final accounting of actual
quantities of construction items completed and additional work required for the Project.
A copy of CC01 is included as Attachment 1.
The Project was administered by the City's on-call construction management firm,
Interwest Consulting Group, who has acted as the City's Resident Engineer. Interwest
Consulting Group has determined that Matich Corporation satisfactorily completed the
Project on February 28, 2017, has conducted a final inspection and found the work to
be in compliance with the plans, specifications and standards of the City of Palm
02
City Council Staff Report
March 15, 2017-- Page 3
Acceptance of CP 12-01, Mesquite Avenue Street improvements
Springs as evidenced in the letter from Interwest Consulting Group dated March 7,
2017, and included as Attachment 2.
Staff recommends that the City Council accept the Project, as required by Section 9200
of the California Civil Code, and authorize the City Engineer to file and record a Notice
of Completion within 15 days of the City Council's action. A copy of the Notice of
Completion to be submitted to the County is included as Attachment 3.
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 and included as Attachment 4.
The Project is funded, in part, by Title 23 funds through the Tribal Transportation
Program (TPP), formerly known as the Indian Reservation Roads (IRR) 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. This letter is included as Attachment 5 for your reference.
FISCAL IMPACT:
Federal funding was made available through the TPP Program from the Agua Caliente
Band of Cahuilla Indians in the amount of $500,000 to complete the Mesquite Avenue
Street Improvements, west of Belardo Road to the Tahquitz Canyon Visitor's
Center/Lykken trailhead.
03
City Council Staff Report
March 15, 2017-- Page 4
Acceptance of CP 12-01, Mesquite Avenue Street improvements
The Project's overall budget and incurred expenditures are identified in Table 1 below.
Table of Project Costs Amount
TPP (IRR) Funding $500,000
Total Budget $500,000
Design Services ($60,605)
Project Administration (through 3/6/2017) ($28,178)
Construction Inspection - Interest Consulting Group ($23,794)
Construction Contract — Matich Corporation ($344,500)
Contract Change Order No. 1 (Credit) $3,005
Total Cost ($454,072)
Remaining Balance $45,928
Table 1
The Project did not require any General Fund (Fund 001) or Measure J Fund (Fund
260) budget. The City is holding retention of $17,075 for Matich Corporation pending
acceptance of the improvements and filing of the Notice of Completion with the County
Recorder's office. Since this project is a conversion of a facility that already exists, the
Finance Department does not need to add the cost of this project to the City's fixed
asset system, as no new assets have been created in compliance with Governmental
Accounting Standard Board (GASB) 34 Standards for Financial Reporting of
Infrastructure Assets.
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq .D
Assistant City Manager/City Engineer City Manager
Attachments:
1. CCO1
2. Letter from Interest
3. Notice of Completion (NOC)
4. CEQA— Notice of Exemption
5. NEPA— Categorical Exclusion
04
ATTACHMENT 1
05
,x`pp�Msp°�y CITY OF PALM SPRINGS
" CONTRACT CHANGE ORDER
cql IFOR��¢
To: Matich Corporation Date: March 6, 2017
P.O. Box 10 City Project No: 12-01
Highland, CA 92346 Project Name: Mesquite Ave Street Improvements
P (909)382-7400 Change Order No: 01
F (909)382-0169 Purchase Order No: 17-0541
Account Number(s): 261-4491-50302
Attn: Jake Reade
CHANGES IN WORK:
Item Adjustments at Contract Unit Prices
This change order provides for contract quantity adjustments for the following contract items:
Bid
Item Item Description Quantity Unit Price Total
No.
7 Pulverize Existing AC Surface, Mix with Subgrade(12" min. 3,440 SF $0.50/SF $1,720.00
depth) Recom act and Grade Per Plan
8 Construct Type A-3, 6-Inch PCC Curb and Gutter per City of 42 LF $21.00/LF $882.00
Palm Springs Std. Dw . 200
9 Construct 8-Inch PCC Spandrel and Cross Gutter per City of -100 SF $10.00/SF -$1,000.00
Palm Springs Std. Dw . 206
10 Construct 6-Inch PCC Commercial Driveway per County of -56.25 SF $16.00/SF -$900.00
Riverside Std. Dw . 207A
11 Construct 4-Inch PCC Sidewalk per City of Palm Springs Std. _998 SF $5.25/SF -$5,239.50
Dw . 210
12 213 struct 4-Inch PCC Ramp per City of Palm Springs Std. Dwg. 17 SF $19.00/SF $323.00
13 Construct Type E-1 AC Berm per City of Palm Springs Std. _7 LF $28.00/SF -196.00
Dw . 200
14 Construct Asphalt Concrete Type III-132-PG70-10 Base Course 2-Inch Min. Lift 65.20 Ton $65.00(Ton $4,238.00
15 Construct Asphalt Concrete Type III-C3-PG70-10 Surface Course 2-Inch Min. Lift 6.42 Ton $69.00lTon $442.98
Subtotal -$14,941.48
Adjustment of Compensation at Agreed Lump Sum
This change order provides an Adjustment of Compensation at Agreed Lump Sum for unused field orders item.
Bid
Item Item Description Quantity Unit Price Total
No.
18 Field Orders -1 LS $1,084.37 -$1,084.37
Subtotal -$1,084.37
06
Contract Change Order No. 01
March 6, 2017
Page 2
Extra Work at Agreed Unit Price
This change order provides for additional unclassified excavation work required to complete the project:
New Description Quantity Unit Price Total
Item
1-1 Additional Unclassified Excavation 434 CY $30.00 1 CY $13,020.00
Subtotal $13,020.00
Total Change Order Amount - $3,005.85
CHANGES TO CONTRACT TIME:
This change adds zero (0)working days to complete the additional work.
SOURCE OF FUNDS:
Funds are available from the following account(s):
REASONS FOR CHANGE:
This change order provides for adjustments to some contract quantities per actual field measurements of
material placed for the items of work completed to date.
This change order provides an adjustment of compensation for unused field orders on the project.
Lastly, this change order provides compensation for additional unclassified excavation required to complete the
project. During the course of work, it was discovered that there were design errors made in the elevations of
the existing improvements. These errors resulted in additional unclassified excavation beyond the quantity that
was given in the contract documents. In addition, due to the existing soils encountered on the project, over-
excavation was required below the new curb and gutter in order to provide a suitable subgrade to complete the
work. Both of these items resulted in additional unclassified excavation to be performed on the project.
SUMMARY OF COSTS:
Original Contract Amount: $344,500.00 Original Completion 30 Working Days
This Change Order: $ (3,005.85) Days Added 0 Days
Previous Change Order(s): $ 0.00 Previous Days Added: 5 Days
Revised Contract Amount: $341,494.15 Revised Completion 35 Working Days
[SIGNATURES ON NEXT PAGE]
07
Contract Change Order No. 01
March 6, 2017
Page 3
1 have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor
Matich Corporation
Signature Date
Printed Name and Title
Interwest Consulting Group
Signature Date
Printed Name and Title
City of Palm Springs
Recommended By:
Marcus Fuller Date
Assistant City Manager/ City Engineer
Approved By:
David H. Ready, City Manager Date
Attested By:
Kathleen D. Hart, Interim City Clerk Date
Distribution:
Original Conformed Copy: Conformed- File Copy:
Contractor (1) Engineering Pay File (1)
City Clerk (1) City Project File (1)
Purchasinq (1)
Finance (1)
U8
INTERWEST CONSULTING GROUP
February 21,2017 --
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
Attn: Savat Khamphou
Re: Cast Proposal—Additional Unclassified Excavation
Mesquite Ave Street Improvements-City Project No. 12-01
Dear Mr. Khamphou,
As discussed previously, Interwest Consulting Group has received a request from Matich Corporation to
issue a change order increasing the quantity for unclassified excavation performed on the above-
referenced project. Below is the analysis and recommendation regarding this cost proposal.
As you are aware, during the beginning of the project, it was discovered that the contract drawings did
not match the elevations obtained by the field surveying. This error resulted in crass sections which did
not accurately represent the existing grades encountered on the project site. In addition to the
discrepancy found between the field and the contract documents, the existing soil conditions did not
allow for construction on compacted native materials. The subgrade below the proposed curb and
gutter was over-excavated and replaced with on-site pulverized material.
In reviewing the quantities requested to be paid on this item, I have calculated the quantity of over-
excavation under the proposed curb and gutter, which slightly exceeds the 216 CY requested by Matich.
In regards to the slope excavation required on the project, without accurate cross sections, I cannot
perform a calculation of the theoretical quantity. Matich has calculated the quantity based upon load
counts hauled from the project site. These load counts agree with the inspection reports completed
during the course of the project.
This request would result in 434 CY of additional unclassified excavation at$30.00 per CY, for a total cast
of $13,020. Although this is additional cost beyond the contract value for Bid Item # 5 — Unclassified
Excavation, the quantity underruns from other bid items would result in a net decrease of the contract
value.
I recommend a CCO be issued for the additional work. A copy of the request from Matich Corporation
has been attached your reference. Please advise if the City concurs with the recommendation.
If you have any questions, please contact me at(714) 293-0044 or by email, rschultz@interwestgrp.com.
Regards,
}
Ryan Schultz
Interwest Consulting Group
431 S. PALM CANYON DRIVE,SUITE 200•PALM SPRINGS,CA 92262 09
IXTlRWIEST CONS❑STING GROUP
Request from
Matich Corporation
431 S.PALM CANYON DRIVE,SUITE 200• PALM SPRINGS,CA 92262 1 0
CH
RPORATION
February 17, 2017
Interwest Consulting Group
Municipal Services
431 South Palm Canyon Drive, Suite 200
Palm Springs, CA 92262
Attn: Ryan Schultz
Project Manager
Re: City of Palm Springs Mesquite Avenue Street Improvements, City Project No. 12-01
Dear Ryan:
Matich Corporation respectfully submits this correspondence as a request for adjustment in bid item
number 5, "unclassified excavation". The original quantity reflected in the bid schedule was a final item of
700 cubic yards. Matich Corporation believes this quantity was substantially underestimated before the
project was put out to bid. As was witnessed and documented through the course of the project, the
provided plans and cross sections for the project appeared to misrepresent the actual conditions (cross
slope drainage, cut near retaining walls, grade bust at project benchmark). Based on this alone, an
accurate representation of the roadway excavation prior to bid was not possible.
Matich agreed it would continue with the project, but would keep an inventory of the amount of material
moved on or removed from the project. On completion, it was determined that 1,134 cubic yards of
material was removed from or moved on the project between October 61^, 2017 and October 2811, 2017.A
total of 102 semi end dump loads were removed from the project (at an estimated volume of 9 cubic
yards each) for a total of 918 cubic yards. A total of 27 scraper (model 613) loads were moved on the
project (at an estimated volume of 8 cubic yards each) for a total of 216 cubic yards. The total amount of
roadway excavation (as defined in section 300-2 "unclassified excavation" of the Greenbook) removed
from or moved on the project was 1,134 cubic yards.
It is important to note as well, that the rock in the existing subgrade created an "unsuitable condition" for
the construction of curb and gutter as defined in section 300-2.2"unsuitable material". The rock had to be
removed, and a suitable fill material (pulverized material from the adjacent roadbed) placed in order to
drive stakes and even grade the subgrade for new curb and gutter. The existing rock in the road would
not allow for the placement of stakes to hold line or forms, and it would not allow for the specified
tolerances to be achieved as required by the Greenbook. The quantity for this unsuitable material was
moved as well within the quantities in the paragraph above.
Matich Corporation is requesting to be compensated for the cubic yards actually moved on the project at
the original bid price of $30.00 per cubic yard. Based on 434 cubic yards at a unit price of $30,00, the
total amount is $13,020.00, Matich Corporation believes this is a fair resolution considering the nature of
the project, specifically the roadway excavation.
P.O.Box 10 Highland,CA 92346.Phone(909)362.7400•Fax(969)382-a113
Email:jreade@matichcorp.com
ll
Please do not hesitate to contact me with questions or to discuss this further.
Respectfully,
Matich Corporation
0"*01�
by Jake Reade
Copy: File
Bcc:
Attachments:
P.O.Box 10 Highland,CA 92346•Phone(909)382-7400•Fax(909)382.0113
Email:)reads@matichcorp.com
12
ATTACHMENT 2
13
INT[RN[[T r.0
G U LT ING G N O UP
March 7, 2017
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Savat Khamphou
RE: Final Inspection and Acceptance
Mesquite Ave Street Improvements, City Project No. 12-01
Dear Mr. Khamphou,
As of February 28, 2017, Matich Corporation has completed all work associated with Mesquite Avenue
Street Improvements, City Project No. 12-01. To the best of our knowledge, the project has been
completed in accordance with the plans, specifications, and City of Palm Springs standards.
I have attached a copy of the Notice of Completion document for the project. I recommend that the
Notice of Completion be accepted by the City and filed and recorded with the Riverside County
Recorder.
If you have any questions regarding the above, please feel free to contact me at (714) 293-0044 or by
email, rschultz@interwesterp.com.
Sincerely,
Ryan Schultz
Interwest Consulting Group
431 S.PALM CANYON DRIVE,SUITE 200 0 PALM SPRINGS,CA 92262
ATTACHMENT 3
15
Recording Requested By:
City of Palm Springs
When Recorded Mail To:
Name
Kathie Hart,Interim City Clerk
Street
Address 3200 E.Tahquitz Canyon Way
City&State Palm Springs,CA 92262
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF COMPLETION
(CA Civil Code§§8180-8190,8100-8118,9200-9208)
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest of estate in the hereinafter described real property,the nature of which interest or estate is:
Fee
(e.g.fee,leasehold,joint tenancy,etc.)
2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are:
Name Street and No. City State
City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs CA 92262
3. The name and address of the direct contractor for the work of improvement as a whole is:
Matich Corporation, 1596 Harry Sheppard Blvd.,San Bernardino,CA 92408
4. This notice is given for(check one):
0 Completion of the work of improvement as a whole.
❑ Completion of a contract for a particular portion of the work of improvement(per CA Civ.Code§8186).
5. If this notice is given only of completion of a contract for a particular portion of the work of improvement(as provided in CA Civ.Code
§ 8186),the name and address of the direct contractor under that contract is:
Not Applicable
6. The name and address of the constructlon lender,if any,is:
Not applicable
7. On the 28th day of February 2017 there was completed upon the herein described property a work of improvement as a
whole(or a particular portion of the work of improvement as provided in CA Civ. Code §8186)a general description of the work provided:
City Project 12-01,Mesquite Avenue Street Improvements.
8. The real property herein referred to is situated in the City of Palm Springs County of Riverside
State of California,and is described as follows:
Mesquite Avenue,from Belardo Road to the entrance of the Tahquitz Canyon Visitors Center/South Lykken Trailhead.
9. The street address of said property is:
Not applicable
10. If this Notice of Completion is signed by the owner's successor in interest,the name and address of the successor's transferor is:
Not applicable
I certify(or declare)under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: By:
Signature of Owner or Owner's Authorized Agent-Assistant City Manager/City Engineer for City of Palm Springs
Marcus Fuller
®Porter Law Group,Inc.2013 Print Name
Page 1 of 2 16
VERIFICATION
I, Marcus Fuller state: I am the Assistant City Manager/City Engineer ("Owner","President",
"Authorized Agent","Partner",etc.)of the Owner identified in the foregoing Notice of Completion.I have read said Notice of Completion and know the
contents thereof;the same is true of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on (date),at Palm Springs (City), CA (state).
Signature of Owner or Owner's Authorized Agent
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.
STATE OF CALIFORNIA
COUNTY OF
On (date), before
me, Notary Public (name and title of
officer)personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshelthey executed the
same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the
instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the
instrument.
1 certify under PENALTY OF PURJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Page 2 of 2 Signature 17
ATTACHMENT 4
18
i
NOTICE OF EXEMPTION
To: ❑ Office of Planning and Research From: City of Palm Springs
1400 Tenth Street 3200 East Tahquitz Canyon Way
Sacramento, CA 95814 Palm Springs,CA 92262
® County Clerk
County of Riverside RIVFRSIp�COUA '
f 2724 Gateway Drive NOV 21
Riverside, CA 92507 LARRYyy 2Q13
WARD,CLERK
BYE,
Project Title: Mesquite Avenue Improvements Project d n�.meye,
DeAU,y
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—CountyiVRiversee County
erv�
Description of Nature; Purpose,and Beneficiaries of Protect: eaD _OUNFj��hon�P��Ce_yy,.
I In a joint effort between the City of Palm Springs and the Agua Caliente Band of Cah7Prk;the
I proposed improvements will be constructed: Nov
ROADWAY IMPROVEMENTS:
i Mesquite Avenue will be widened on the northerly side of the road eginn lardo Road and
ending approximately 1,300 feet west of Belardo Road at the entrance t, r c anon Visitors'
Center/South Lykken Trailhead. The proposed widening improvements 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. 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 Me !as LRI
pavement removals, replacements and overlays, and necessary gutt la d sidew'14 d sidew'I re
and replacements.
PARKING IMPROVEMENTS:
NL12Off-road parking improvements on the southerly side of Mesquite Ave ue are to b 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.
19
i
`j 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).
I
City of Palm Springs
By
Savat Khamphou,Assistant Director of Public
Works/Assistant City Engineer
Department of Publ%c Works Staff
Date: /1-7v—Z0/3
' 8y
Edwart O. Robertson, Principal Planner
Department of Planning Services
Date: l� z A � 0
NOV 2 9 20B
By
20
ATTACHMENT 5
21
US.Department 1200 New Jersey Ave., SE
ofTramportation 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
22
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.
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Additionally, as a historic property, the Tahquitz Canyon National Register Site is considered a
Section 4(f)resource under the Department of Transportation Act of 1966. To make a de
minimus 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 minimus 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
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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.
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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.
2S
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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: 1)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 a 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 Schumann emall=terry.schumann@dot.gov,c=US
Date:2013.10.1815:08:57-07'oa 10-18-13
Terry Schumann Date
Environmental Protection Specialist
Tribal Transportation Program
Federal Highway Administration
APPROVED BY:
gyro iy,y,,.a e,meurt w svnnww
ROBERT W SPARROWS
10 2r (3
Joyce A. Curtis, Date
Associate Administrator for
Office of Federal Lands Highway,
Federal Highway Administration
27