HomeMy WebLinkAbout3/1/2017 - STAFF REPORTS - 1.F. ;OQ F A LM Spy
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DATE: March 1, 2017 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 5 TO THE CONTRACT SERVICES
AGREEMENT NO. A5580 WITH DOKKEN ENGINEERING IN THE
AMOUNT OF $67,000 FOR POST CONSTRUCTION ENVIRONMENTAL
MITIGATION SERVICES FOR THE BOGERT TRAIL BRIDGE
REHABILITATION PROJECT, CITY PROJECT NO. 07-03, FEDERAL AID
PROJECT NO. BHLS 5282 (026)
FROM: David H. Ready, City Manager
BY: Engineering Servicees Department
SUMMARY:
Approval of Amendment No. 5 to the professional services agreement No. A5580 with
Dokken Engineering is recommended to include post construction environmental
mitigation services and support required for the Bogert Trail Bridge Rehabilitation
Project, City Project No. 07-03, Federal Aid Project No. BHLS 5282 (026), (the
"Project').
RECOMMENDATION:
1. Approve Amendment No. 5 to Agreement No. 5580 with Dokken Engineering, in the
amount of $67,000, for a total contract amount of $940,985 for the Bogert Trail
Bridge Rehabilitation Project, City Project No. 07-03, Federal Aid Project No. BHLS
5282 (026); and
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
On May 4, 2016, the City Council accepted the Project as complete and a Notice of
Completion was filed with the Riverside County.
Construction of the Project is subject to certain environmental mitigation measures,
associated with preservation of Casey's June beetle ("CJB") critical habitat. CJB is an
endangered species, with habitat located within the Palm Canyon Wash in and around
the Project site. As a condition to constructing the Project, the United States Fish and
ITEM NO. 1.F.
City Council Staff Report
March 1, 2017 -- Page 2
Approve Amendment No. 5 with Dokken Engineering (CP 07-03)
Wildlife Service ("USFWS") required the City to complete off-site and on-site mitigation
for permanent and temporary impacts to CJB critical habitat. To satisfy this condition
the City established a 4.29 acre conservation easement area within the Palm Canyon
Wash. The City is now obligated to maintain the conservation easement area and the
Project site for a period of 5 years which includes re-vegetation and weeding
maintenance, quarterly monitoring, and annual reporting to USFWS as identified in the
Restoration and Weeding Plan. Included for your reference in Attachment 1 of the
report is a vicinity map showing an area of 500' radius from the project, a map of the
project area, and a map of the conservation easement area.
The 5-year post construction environmental mitigation measures are identified in the
Restoration and Weeding Plan report included as Attachment 2 and summarized in the
Tables 1 and 2 below:
Restoration ActiNitv Timing
Designation of conservation easement Within three months of
construction initiation
Remove non-native vegetation in conservation area Upon initiation of construction
Within three months of
Installation of siguage recordation of conservation
easement
Twice annually for 5 years
Weeding,maintenance starting upon recordation of
conservation easement
Table 1: Mitigation of Conservation Easement Area
02
City Council Staff Report
March 1, 2017 -- Page 3
Approve Amendment No. 5 with Dokken Engineering (CP 07-03)
Install ESA fencing around trees and vegetation to be Prior to other construction
preserved within the area of temporary impacts ground disturbance
Removal and immediate salvage of native woody shrubs Darin clearing and bin
taller than 4 feet-
Remove
armg g
Remove non-native vegetation in restoration/revegetation Following construction
area termination
Planting implementation for temporary impacts Following construction
termination
Once every two weeks during the
summer(June-August)and once
a month outside the summer
months during the first year(as
determined appropriate by a
Watering/irrigation within restoration/revegetation area qualified landscaper).The
second year the plants will be
watered once every three weeks
in summer(June-August)
(starting once vegetation is
planted)-
Watering/irrigation of salvaged shrubs Once a month for three months
Weedirug/Maintenance Upon construction termination,
twice annually for 5 years.
Monitor health of vegetation Upon construction termination,
quarterly for 3 years
Submit a report at anniversary of
Prepare reports on health/success of restoration/revegetation revegetation plantings for first 3
area years following construction
termination
Table 2: Mitigation of Bridge Site Area
Staff has requested that its consultant for the Project, Dokken Engineering, provide the
required post-construction environmental mitigation services; in response to the City's
request, Dokken Engineering provided a proposal in the amount not to exceed $67,000
which includes all necessary work to accomplish the 5-year maintenance, monitoring,
and reporting required by USFWS.
Staff recommends approval of Amendment No. 5 to the agreement with Dokken
Engineering; a copy of Amendment No. 5 with Dokken Engineering is included as
Attachment 3.
�13
City Council Staff Report
March 1, 2017 -- Page 4
Approve Amendment No. 5 with Dokken Engineering (CP 07-03)
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
include the restoration or rehabilitation of deteriorated or damaged structures to current
standards of public health and safety. Therefore, the Project is considered categorically
exempt from CEQA. On the basis that the Project qualifies for a categorical exemption
under CEQA, staff prepared and filed a CEQA Notice of Exemption on December 1,
2009.
On October 1, 2009, Caltrans, acting as the lead agency pursuant to the National
Environmental Policy Act ("NEPA"), made an environmental determination that the
Project does not individually or cumulatively have a significant impact on the
environment as defined by NEPA and is excluded from the requirements to prepare an
Environmental Assessment ("EX) or Environmental Impact Statement ("EIS"), and has
considered unusual circumstances pursuant to Section 6004 of 23 CFR 771 .117(b). On
the basis of this determination under federal delegation pursuant to Chapter 3 of Title
23, United States Code, Section 326 and a Memorandum of Understanding ("MOU")
dated June 7, 2007, executed between the Federal Highway Administration ("FHWA")
and the state of California, Caltrans has determined that the Project qualifies for a
Categorical Exclusion in accordance with 23 CFR 771.117(d) pursuant to activity (d)(3).
On June 28, 2011, an environmental Re-Validation was issued to include additional
mitigation measures for the Casey's June beetle. On March 14, 2013, an administrative
environmental Re-Validation was approved by Caltrans.
FISCAL IMPACT:
Sufficient funds are currently budgeted and available in the Local Measure A Fund,
Account No. 134-4498-50244.
J 04
City Council Staff Report
March 1, 2017-- Page 5
Approve Amendment No. 5 with Dokken Engineering (CP 07-03)
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Es .
Assistant City Manager/City Engineer City Manager
Attachments:
1. Maps — Vicinity Map, Conservation Easement Area, Project Site Area
2. Restoration and Weeding Plan
3. Amendment No. 5 to Agreement 5580
05
Attachment 1
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C is hme Beetle 2009 proposed Critical Habitat
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Source: Riverside County 2009;Gtone%placer 2l1/2008.Dokken&21/2010',Created by,K.SmiN
e PROPOSED CONSERVATION EASMENT PARCEL
0 250 500 750 t,000 Bogert Trail Bridge Rehabilitation Project
C Fen City of Palm Springs,CA
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Attachment 2
10
Bogert Trail Bridge Rehabilitation Project
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Restoration and Weeding Plan
City of Palm Springs, County of Riverside, California
FWS-ERIV-11 B0021-11 FC0344
August 2011
1. 1
Restoration and Weeding Plan
City of Palm Springs, County of Riverside, California
F W S-FRI V-11 B 0021-11 FC0344
August 2011
THE STATE OF CALIFORNIA
Department of Transportation
and
City of Palm Springs
Prepared By: kx � M/ Date: nircuil�
4fah Jenkins,Associate Biologist "J
6-858-0642
Dokken Engineering
12
Table of Contents
Chapter 1. Description of Project........................................................................................I
1.1. Project Location..................................................................................................................1
1.2. Project Description..............................................................................................................l
Chapter 2. Impacts Requiring Mitigation ..........................................................................4
Chapter 3. Off-site Mitigation..............................................................................................5
3.1. USFWS Off-Site Mitigation Requirements........................................................................5
3.2. Goals of Enhancement........................................................................................................5
3.2.1. Types of Habitat to be Enhanced...........................................................................5
3.2.2. Schedule.................................................................................................................7
3.2.3. Removal ofNon-natives and Invasive Species......................................................7
3.2.4. Access Restriction..................................................................................................8
Chapter 4. On-site Restoration/Revegetation.....................................................................9
4.1. Goals of Restoration............................................................................................................9
4.1.1. Types of Habitat to be Restored/Enhanced...........................................................9
4.1.2. Time Lapse Between Impacts and Expected Restoration Success.........................9
4.2. Restoration Implementation Plan........................................................................................9
4.2.1. Rational for Expecting Implementation Success ...................................................9
4.2.2. Responsible Parties................................................................................................9
4.2.3. Schedule...............................................................................................................10
4.2.4. Planting of Native Vegetation.........................................................................._..10
4.3. Maintenance and Monitoring............................................................................................I I
4.3.1. Irrigation Plan.......................................................................................................11
4.3.1. Removal of Non-natives and Invasive Species....................................................12
4.3.2. Access Restriction..............................
4.3.3. Success Criteria.................................................................. - .............................12
4.3.4. Monitoring and Reporting....................................................................................12
Chapter5. Completion of Restoration..............................................................................14
5.1. Notification of Agencies...................................................................................................14
5.2. Removal of Irrigation and Access Restriction..................................................................14
Chapter6. References.........................................................................................................15
Revegetalion and Weeding Plan
Bogert 1 rail Bndge Rehabilitation Project
F W S-ERI V-11 B0021-11 FC0344
2011
13
List of Figures
Figure1: Project Vicinity..............................................................................................................................2
Figure2: Project Location.............................................................................................................................3
Figure 3: Proposed Conservation Easement..................................................................................................6
List of Tables
Table 1: Direct Effects to Casey's June Beetle.............................................................................................4
Table 2: Mitigation Summary for Casey's June Beetle................................................................................4
Table 3: Conservation Easement Enhancement Activity Schedule ..............................................................7
Table 4: Vegetation Species for Removal.....................................................................................................7
Table 5: Restoration Activity Schedule......................................................................................................10
Table 6: Plant Palette for Bogert Trail Bridge Revegetation ............. .......................................................
Revegelation and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-ERIV-1 I30021-1 IFC0344
2011 14
List of Abbreviated Terms
Cal-IPC California Invasive Plant Council
CEQA California Environmental Quality Act
City City of Palm Springs
ESA Environmentally Sensitive Area
Project Bogert Trail Bridge Rehabilitation Project
sp(p) species(singular and plural)
U.S. United States
USFWS United States Fish and Wildlife Service
USGS U.S. Geological Survey
Revegetation and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-ERI V-I 1 B0021-11 FC0344
2011 15
Chapter: 1 Description of Project
Chapter 1 . Description of Project
I.I. Project Location
The City of Palm Springs (City), in cooperation with Caltrans, propose to upgrade from the existing
four span I girder "functionally obsolete" Bogert Trail Bridge because of narrow width and a low
sufficiency rating of 62.8. The Bogert Trail Bridge Rehabilitation Project (Project) would provide
full standard traffic lanes and shoulders which would match the current roadway width to both the
east and the west. (Refer to Figure 1, Regional Vicinity Map, and Figure 2, Project Location Map.)
There are no additional proposed build alternatives for Project.
The Project is located in the Coachella Valley area of western Riverside County at the western end
of the City urban core. It is located within Section 35 of Township 4 South, Range 4 East on the
Palm Springs 7.5 minute U.S. Geological Survey (USGS) quadrangle(USGS 2007).
1.2. Project Description
The existing Bogert Trail Bridge (56C-0311) is a four span precast-pre-stressed concrete I-girder
bridge approximately 326 feet long and 33 feet wide with reinforced concrete pier walls supported
on concrete piles. The City, in cooperation with Caltrans, propose to upgrade from the four span I
girder "functionally obsolete" Bogert Trail Bridge because of narrow width and a low sufficiency
rating of 62.8. The rehabilitated bridge would provide full standard traffic lanes and shoulders
which would match the current roadway width to both the east and the west. The bridge
rehabilitation would:
• Widen the existing bridge on both sides to a new total width of 52 feet.
• The existing roadway approaches would be tapered from the full roadway width to the
existing bridge width for distances of approximately 250 feet to the west and 150 feet to the
east, and approach roadway work would include bringing the tapers up to the full road width
and conforming to the improved bridge.
• Replace the abutment seals and bearing pads to accommodate the movement rating, and
various crack and spall repairs.
In addition, both the existing and new footings will be sufficiently deep. Appropriate scour
countermeasures are included within the project design and will be constructed to avoid any
negative impacts due to scour.
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-ERIV-I 1 B0021-1 IFC0344
2011 1 16
C Cathedral Ci
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FIGURE 1
Bogert Trail Bridge Rehabilitation
Miles Project Vicinity
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FIGURE 2
® `v� PROJECT I.oCATION MAP
Construction Area
C3/V: 08-RIV-City of Palm Springs
BSA Federal Project No.BHLO-5282026
0 S00 1,000 1,500 Bogert Trail Bridge Project
o Feet Palm Springs,Riverside County,California.
18
Chapter: 2 Impacts Requiring Mitigation
Chapter 2. Impacts Requiring Mitigation
Rehabilitation of the Bogert Trail Bridge will result in permanent and temporary impacts to
occupied Casey's June beetle 2009 Proposed Critical Habitat. Construction direct effects include
0.20 acre of permanent effects and 0.76 acre of temporary effects to 2009 proposed Casey's June
beetle Critical Habitat. In addition, potentially suitable habitat exists outside of the proposed Critical
Habitat. Total impacts to potentially suitable habitat consist of 0.27 acre of permanent effects
(including 0.20 acre of overlap with proposed Critical Habitat) and 0.93 acre of temporary effects
(including 0.76 acre of overlap with proposed Critical Habitat). Impacts include all construction
disturbances such as staging, cut/fill disturbance, rock slope protection, shading of the bridge etc.
(See Table 1, Direct Effects to Casey's June beetle). Impacts to these sensitive areas require
mitigation and the requisite ratios are outlined in Table 2, Mitigation Summary for Casey's June
Beetle.
Table 1: Direct Effects to Casey's June Beetle
Critical Habitat Potential Species Habitat
Temporary Permanent Temporary Permanent
Impacts 0.76 acre 0.20 acre 0.93 acre 0.27 acre
Table 2: Mitigation Summary for Casey's June Beetle
Critical Habitat Potential Sp ecies Habitat
Temporary Permanent Temporary Permanent
Impacts 0.76 acre 0.20 acre 0.93 acre 0.27 acre
1:1 restoration 1:1 restoration
Mitigation onsite 9:1 acquisition/ onsite 9:1 acquisition/
summary 2:1 acquisition/ enhancement 2:1 acquisition/ enhancement
enhancement enhancement
0.76x1:1 =0.76 0.93 x 1:1 =0.93
acre restoration 0.20 x 9:1 = acre restoration 0.27 x 9:1 =
Calculation 1.8 acres 2.43 ac
1-52 acres
0 x 2:1 = acquisition 0.93 x 2:1 = 1.86 acquisition
-5
acquisition acres acquisition
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-F.RIV-11 B0021-11 FC0344
2011 4 19
Chapter: 3 Off-site Mitigation
Chapter 3. Off-site Mitigation
3.1. USFWS Off-Site Mitigation Requirements
The United States Fish and Wildlife Service (USFWS) requires offsite mitigation for permanent and
temporary impacts to Casey's June beetle Critical Habitat. To satisfy this condition, the following
must be met:
• A conservation easement will be granted to an agency or organization subject to approval of
USFWS. Easement wording will be consistent with CCC 815 et seq.;
• A conservation easement will be recorded on a parcel (or portion of a parcel [e.g., applicant
suggested parcel APN 512-190-027]) in the wash, in critical habitat, that would not be
subject to development or maintenance activities (such as flood damage reduction sediment
removal or grading) except those required in emergency situations (Refer to Figure 3
Proposed Conservation Easement). A title report for the parcel will be provided to USFWS
for review and approval of the conservation easement to be granted across the parcel,
• Upon recordation of a conservation easement, carsonite or equivalent signage will be placed
along the conservation easement edge every 150 feet indicating "Sensitive Ecological Area
—Please do not disturb" or similar wording subject to approval of USFWS; and,
• Upon recordation of a conservation easement, the entire easement will be weeded (exotic
plants removed) for 5 years twice annually from the date of recordation of the conservation
easement.
3.2. Goals of Enhancement
3.2.1. Types of Habitat to be Enhanced
Lot AA (APN512-190-027) has been selected for enhancement and for placement under a
conservation easement due to existing ephemeral desert dry wash and desert willow habitats present
on the parcel. These natural habitat types contain drought-deciduous, microphyllus (small-leaved)
scrubs including cheese bush (Hymenoclea salsola), sweetbush (Bebbia juncea) desert willow
(Chilopsis linearis), and smoke tree (Psorolhamnus spinosus), species known to associate with
Casey's June beetle (Hovore 1995; Amec, Inc. 2002, Dudek & Assoc. 2001; Center for
Biodiversity, petition 2004)- The conservation easement aims to protect the existing habitat within
the wash and enhance the current conditions through a 5 year weeding plan.
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
F W S-ERI V-11 B0021-11 FC0344
2011 5 20
Y
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Buffer from west bank for
Q � Flood Control Maintenance /
". ,
..
300 feet
.-ems
Casey June Beetle 2009 Proposed Critical Habitat
3 Riverside Countv Parcels
i
SwrcA: Rmenmecounty2021) cioucxpm,e,211120o9.Oakken62112mDIcreeteeeg:K.smlirl FIGURE 3
e PROPOSED CONSERVATION EASMENT PARCEL
0 250 500 uo 1,000 Bogert Trail Bridge Rehabilitation Project
P+ Feet City of Palm Springs,CA
Chapter: 3 Off-site Mitigation
3.2.2. Schedule
The City will be responsible for designating the conservation easement and contracting for weeding
and monitoring within the easement (Table 3). The contract will ensure the site is properly
maintained and weeding will occur twice annually for five years.
Table 3: Conservation Easement Enhancement Activity Schedule
Restoration
Designation of conservation easement Within three months of
construction initiation
Remove non-native vegetation in conservation area Upon initiation of construction
Within three months of
Installation of signage recordation of conservation
easement
Twice annually for 5 years
Weeding/Maintenance starting upon recordation of
conservation easement
3.2.3. Removal of Non-natives and Invasive Species
As part of the conservation effort all non-natives and invasive plant species will be actively
removed as observed from the designated conservation easement site. Table 4 provides a list of non-
native species that were observed within the conservation easement area. These species, as well as
any other non-native species, shall be removed from the conservation easement.
Table 4: Vegetation Species for Removal
Common Name Scientific Name
Annual beard grass Polypogon monspeliensis
Bermuda grass* Cynodon dactylon
Black mustard* Brassica nigra
Castor bean Ricinus communis
Common sow thistle Sonchus oleraceus
Fountain grass* Pennisetum setaceum
Foxtail chess* Bromus madrilensis ssp. rubens
Lamb's quarters Chenopodium album
Mediterranean schismus Sehismus barbatus
Mediterranean tamarisk* Tamara ramosissima
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-ERIV-1 I30021-1 IFC0344 q
2011 7 22
Chapter: 3 Off-site Mitigation
Red stemmed filaree Erodium cicutarium
Ripgut* Bromus diandrus
Russian-thistle Salsola tragus
Shepherd's purse Capsella bursa pastoris
Slender oat* Avena barbata
White sweetclover Melilotus albus
Yellow sweetclover Melilotus officinalis
* California Invasive Plant Council (Cal-IPC) moderate to severe invasive species of special
concern.
All personnel working within the conservation easement footprint shall receive appropriate training
sufficient to successfully complete the Project. This includes the ability to recognize native plant
species and execute appropriate techniques to remove surrounding vegetation. Weeding will be
accomplished by hand, to preserve native vegetation areas and limit soil compaction within Casey's
June beetle Proposed Critical Habitat. Invasive species of special concern within the Project area
include tamarisk, castor bean, fountain grass, foxtail chess, slender oat, black mustard, rip gut, red
brome, cheatgrass, and Bermuda grass, all of which will be removed as observed twice annually for
5 years.
3.2.4. Access Restriction
Carsonite or equivalent signage will be placed along the conservation easement edge every 150 feet
indicating the sensitive nature of the conservation area to discourage site access. To minimize soil
compaction to the greatest extent practicable, all signage shall be installed with hand held
equipment.
Restoration and Weeding Plan
Bogen Trail Bridge Rehabilitation Project
FWS-ERIV-I IB0021-11 FC0344
2011 8 23
Chapter: 4 On-site Mitigation/Revegetation
Chapter 4, On-site Restoration/Revegetation
hi addition to the mitigation provided by the conservation easement, the temporary impacts within
the project footprint shall be revegetated and the site restored.
4.1. Goals of Restoration
4.1.1. Types of Habitat to be Restored/ Enhanced
Existing ephemeral desert dry wash and desert willow habitats within the restoration/revegetation
area is disturbed and heavily influenced by weedy species. Desert dry wash and desert willow
habitats types contain drought-deciduous, microphyllus (small-leaved) scrubs including cheese
bush, sweetbush, desert willow and smoke tree, species known to be associated with Casey's June
beetle (Hovore 1995; Amee, Inc. 2002, Dudek & Assoc. 2001; Center for Biodiversity, petition
2004). Restoration for temporary channel impacts within the Project impact area aims to restore the
disturbed desert riparian habitats and will consist of weeding and replacement of ephemeral desert
dry wash and desert willow vegetation. These restoration/revegetation efforts will promote the
continued existence of the beetle within the Palm Canyon Wash.
4.1.2. Time Lapse Between Impacts and Expected Restoration Success
Given the scope of the proposed Project, construction activities are anticipated to be completed
under a single construction season. Construction is anticipated to begin in the year 2012 and require
approximately 10 months to be completed. The time lapse between the completion of the Project
with associated impacts and expected success of the restored wash is approximately three years.
4.2. Restoration Implementation Plan
4.2.1. Rational for Expecting Implementation Success
Species selection would be a large factor in restoration success and a plant palette constructed from
natives occurring within the Palm Canyon Wash has been selected. Weed management would also
occur throughout the 5-year weeding period, reducing competition stresses and promoting native
growth to maintain the integrity of the riparian habitat. Additionally, any plants not meeting the
success criteria throughout the monitoring period would be replaced- These factors combine to
make the probability of implementation success high.
4.2.2. Responsible Parties
The Project is an undertaking of the City of Palm Springs, CA. The City is the local lead agency
under CEQA. The City is responsible for all activities associated with restoration, weeding and
monitoring, and reporting. The restoration contract will account for any replacement plantings.
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-ERIV-I IB0021-11 FC0344
20t1 9 24
Chapter: 4 On-site Mitigation/Revegetation
Quarterly inspections will take place throughout the life of the contract to ensure the site is properly
maintained and weeding will occur twice annually for 5 years. Monitoring has been estimated for
the duration of 3 years.
4.2.3. Schedule
The Contractor will be responsible for maintaining the restoration plantings for 3 years and weeding
on site for 5 years following construction(Table 5).
Table 5: Restoration Activity Schedule
Restoration Activity Timing
Install ESA fencing around trees and vegetation to be Prior to other construction
preserved within the area of temporary impacts ground disturbance
Removal and immediate salvage of native woody shrubs During clearing and grubbing
taller than 4 feet.
Remove non-native vegetation in restoration/revegetation Following construction
area termination
Planting implementation for temporary impacts Following construction
termination
Once every two weeks during the
summer(June-August) and once
a month outside the summer
months during the first year(as
determined appropriate by a
Watering/irrigation within restoration/revegetation area qualified landscaper).The
second year the plants will be
watered once every three weeks
in summer(June-August)
(starting once vegetation is
planted).
Watering/irrigation of salvaged shrubs Once a month for three months
Weeding/Maintenance Upon construction termination,
twice annually for 5 years.
Monitor health of vegetation Upon construction termination,
quarterly for 3 years
Submit a report at anniversary of
Prepare reports on health/success of restoration/revegetation revegetation plantings for first 3
area years following construction
termination
4.2.4. Planting of Native Vegetation
Woody shrubs native to the wash within the Project footprint that are taller than 4 feet will be
salvaged. The rootball will be maintained and immediately planted in similar location within the
wash (e.g., floodplain terrace) immediately outside the Project site. Arrangements will be made
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-GRIV-1 H30021-I IFC0344 2011 to 25
Chapter: 4 On-site Mitigation/ Revegetation
prior to initiating re-vegetation efforts to ensure plant materials are available at the appropriate time.
Sufficient time will be allocated for seed collection and contract growing, if necessary.
Source material for cheesebush, sweetbush, brittlebush and desert willow will be from Palm Springs
and remaining source material is to be from Palm Springs as available and no further than 40 miles
from Palm Springs. Native proposed species for planting are presented in Table 6.
Table 6: Plant Palette for Bogert Trail Bridge Revegetafion
Name 'Seed Container
Brittle bush(Encelia farinosa) X
Cheese bush (Hymenoclea X
salsola)
Desert willow(Chilopsis linearis) X
Scalebroom(Lepidospartum X
squamatum)
Smoke tree(Psorothamnus X
spinosis)
Sweetbush(Bebbia juncea) X
Container plants, desert willow and smoke tree are to be spaced and planted 1 tree per 15 feet as
seen in the revegetation planting plan (see attached planting plan). Based off field reconnaissance,
the planting ratio will consist of 2 desert willow to 1 smoke tree and plants will be required to be
grown and hardened in conditions experienced in a Mojave Desert environment.
A seed composed of cheesebush (35% of Total Cover), sweetbush (35% of Total Cover),
scalebroom (20% of Total Cover) and brittlebush (10% of Total Cover) will be hydroseeded for a
30% Total Cover. All seed must contain at most 5.0 % total weed seed by weight and will be of
high germination quality to result in the above species representation.
4.3. Maintenance and Monitoring
4.3.1. Irrigation Plan
Salvaged woody shrubs from the project site shall be irrigated once a month for three months. To
help native vegetation establish in the restoration/revegetation area, a water truck or similar delivery
method will be utilized. To assist in plant establishment, the plants will be irrigated at a minimum
once every two weeks during the summer (June-August) and once a month outside the summer
months during the first year (as determined appropriate by a qualified landscaper). The second year
the plants will be watered once every three weeks in summer (June-August). Once vegetation is
Restoration and Weeding Plan
Bogert Tail Bridge Rehabilitation Project
F W S-ERN-1 I B0021-11 FC0344
2011 11 26
Chapter: 4 On-site Mitigation/Revegetation
established, the water regime present in the wash environment should provide adequate moisture for
successful plant establishment.
4.3.1. Removal of Non-natives and Invasive Species
As part of the restoration effort all non-natives and invasive plant species will be actively removed
as observed from the restoration site, see Section 3.3.4 Table 4 for approximate species list.
All personnel working within the revegetation footprint shall receive appropriate training sufficient
to successfully complete the Project. This includes the ability to recognize native plant species and
execute appropriate techniques to remove surrounding vegetation. Weeding will be accomplished
by hand, to preserve native vegetation areas and limit soil compaction within Casey's June beetle
Critical habitat. Invasive species of special concern within the Project area include tamarisk, castor
bean, fountain grass, foxtail chess, slender oat, black mustard, rip gut, red brome, cheatgrass, and
Bermuda grass, all of which will be removed as observed twice annually for 5 years.
4.3.2. Access Restriction
Staking with lathe shall be placed intermittently around the restoration/revegetation site during plant
establishment to discourage site access. Further, bollards to block access into the channel and
signage regarding legality of Off Highway Vehicles in the wash shall be placed along the access
ramps.
4.3.3. Success Criteria
The mitigation and restoration will be determined a success under the following criteria:
• All plantings shall have a minimum of 50% survival the first year and 80% for the following
two years.
• Following the annual monitoring report should plantings not meet the survival and cover
minimum, replanting will be required. Replacement plants shall be monitored with the same
survival and growth requirements for three years after planting.
• The restoration area shall not contain more than 5% exotic plant species. All plant species
with rates of dispersal and establishment listed as Cal-IPC High or Moderate shall have
documented absence, or have been removed from the site for a minimum of three years.
• If a flooding event should wash out plantings, the site shall be re-planted and all
corresponding success criteria shall apply, with the exception that no further re-plantings
shall be required following subsequent flooding events.
4.3.4. Monitoring and Reporting
To minimize temporal loss of wildlife resources the Habitat Mitigation and Monitoring Plan shall
be implemented within one hundred twenty (120) days following the completion of construction
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-ERIV-1 IB0021-1 IFC0344
2011 12 27
Chapter: 4 On-site Mitigation/Revegetation
(implementation date will depend on weather conditions). The Applicant shall notify the USFWS,
in writing, no later than one hundred twenty (120) days following the completion of construction
and confirm the implementation of the Habitat Mitigation and Monitoring Plan
The Project site shall be monitored and maintained for vegetation health, survival, and irrigation
needs for the duration of 3 years. Vegetation not meeting the success criteria will be re-planted
under the direction of a biologist.
An annual report shall be submitted to the USFWS each year for a minimum of 3 years after
mitigation. Among the information provided to the USFWS, the annual report would include:
• a description of the restoration activities done the previous year(including revegetation, and
exotic species removal) and when they were conducted;
• information regarding invasive species removal including, the amount removed, frequency
and timing of removal, disposal specifics, and a summary of the general success and
failures or failure of the invasives removal plan;
• species observed at the site during monitoring surveys including sensitive and/or listed
species;
• photographs from designated photo locations.
Restoration and Weeding Plan
Bogert I mil Bridge Rehabilitation Project
FWS-ERIV-1 IB0021-11 FC0344
2011 13 28
Chapter: 5 Completion of Restoration
Chapter 5. Completion of Restoration
5.1. Notification of Agencies
The City will notify the USFWS after the Project mitigation success criteria has been met and the
annual report for the final year has been submitted. Final report will document the restoration and
will include an in depth analysis of each vegetative species. The analysis will include how each
species performed across the site, success percentages, and based on the data, an associated
explanation describing why each species performed well, moderately well or poorly. Suggestions
for improved methods and survival will also be included. This analysis and associated conclusions
will further add to current desert restoration research and future long term restoration attempts.
Following receipt of mitigation completion, USFWS representatives may visit the site to confirm
mitigation completion.
5.2. Removal of Irrigation and Access Restriction
Following receipt of mitigation completion and written confirmation from USFWS, a "Completion
Report" will be prepared. All irrigation equipment, temporary access restriction and ESA
fencing/lathe staking will be removed from the restoration area after agency approval of mitigation
completion.
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
FWS-ERIV-I IB0021-1 LFC0344
2011 14 29
Chapter: 6 References
Chapter 6. References
AMEC. 2002, September 16. Canyon Vista biological survey- Report prepared for Terra Nova
Planning and Research, Inc., Palm Springs. Unpublished, 16 p. plus appendices.
Center for Biological Diversity, Sierra Club, Wright, D.H. 2004, May 11. Petition to Emergency-
List Casey's June Beetle (Dinacoma caseyi Blaisdell 1930) as a Federally Endangered Species.
Unpublished; available at
http://www.biologicaldiversity.ory/species/invertebrates/Caseys_June_beetle/pdfs/Petition.pdf
(Accessed 3/3/2010).
Dudek & Associates. 2001, November. Biological resources report and impact analysis for the
Monte Sereno Project, Palm Springs, Riverside County, California. Report prepared for Palm
Canyon LLC, San Jose, California, by Dudek & Associates, Inc-, Encinitas, California.
Unpublished, 27 p. plus appendices.
Hovore, F. 1995, May 16. Report of field surveys: Coachella Valley Multi-species HCP,
Invertebrates—Palm Springs June beetle(Dinacoma caseyi). Unpublished, 7 p
Restoration and Weeding Plan
Bogert Trail Bridge Rehabilitation Project
F W S-FRI V-1 I B W21-1 I FC0344
2011 15 30
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Attachment 3
32
AMENDMENT NO. 5
TO AGREEMENT NO. 5580
CONTRACT SERVICES AGREEMENT FOR
BOGERT TRAIL BRIDGE REHABILITATION
CITY PROJECT NO. 07-03, FEDERAL AID PROJECT NO. BRLO 5282 (026)
THIS FIFTH AMENDMENT TO Agreement No. 5580 for professional engineering and
consulting services, (herein "Amendment") made and entered into on the _ day of
2017, by and between CITY OF PALM SPRINGS, a California charter City and
municipal corporation, (herein "City"), and Dokken Engineering, (herein "Consultant"), is hereby
incorporated as follows:
RECITALS
WHEREAS, City and Consultant entered into that Agreement No. 5580 to provide professional
engineering and consulting services in the City of Palm Springs ("Agreement"), as dully
amended from time to time;
WHEREAS, City requests Consultant to provide additional environmental mitigation and
monitoring services for the Bogert Trail Bridge Rehabilitation, City Project No. 07-03, Federal
Project No. BRLO 5282 (026); and
WHEREAS, the parties wish to amend the Agreement to extend the contract to add post
construction environmental mitigation and monitoring services associated with the project.
Section 1. Scope of Services, Exhibit "A", is hereby amended by adding those services
identified below and as referenced in the Consultant's proposal dated February 20, 2017,
attached hereto as Exhibit A.
PHASE 3: POST CONSTRUCTION SERVICES
TASK 1.0 MITIGATION AREA MONITORING AND REPORTING
Task 1.1 Project Management - The Consultant shall provide all needed
coordination with the landscaping subcontractor responsible for the long term
watering and weeding of the conservation easement area. The Consultant will serve
as the main point of contact between the City, the landscaper, and any regulatory
agencies associated with the conservation easement area.
Task 1.2 Quarterly Monitoring - The Consultant shall provide quarterly monitoring of
the conservation easement area for the first three years (12 monitoring cycles, total).
The monitoring will be documented in the annual reports.
Task 1.3 Annual Reports — The Consultant shall prepare annual reports for the first
three years, documenting the state of the conservation easement area, including
photos, notes, verification of environmental compliance, and recommendations.
Task 1.4 Landscaping — The Consultant shall employ an appropriately licensed
landscaping contractor to maintain the conservation easement area according to the
requirements in the approved environmental document. This work will include
approximately 20 waterings of the site over the first 2 years after construction is
complete, and weeding (twice annually) for the first 5 years after construction is
complete.
33
Section 2. Section 2.1, Compensation of Consultant, is hereby revised to reflect the total
amended contract amount as herein specified by this Amendment No. 5. The Schedule of
Compensation, Exhibit "C', is hereby amended and increased by $67,000 to add these
additional services:
Purchase Order Number(s): 0000784
Agreement Number: 5580
Original City Council Approval: November 14, 2007
Original Contract Amount: $ 610,545
Amount of Previous Increase(s) $ 263,440
Amount of This Increase $ 67,000
Amended Total: $ 940,985
Account Number: 134-4498-50244
Total maximum contract amount: $940,985
Section 3. Section 3.4, and Exhibit "D", is hereby revised to extend the term of the Agreement to
December 31, 2022.
Section 4. Full force and effect: Except as otherwise previously modified herein, all other
provisions of the Agreement shall remain in full force and effect.
SIGNATURES ON LAST PAGE
34
IN WITNESS WHEREOF, the parties have executed and entered into the Amendment
as of the date first written below.
ATTEST: CITY OF PALM SPRINGS, a California
charter city and municipal corporation
By: By:
Kathleen D. Hart David H. Ready
Interim City Clerk City Manager
APPROVED AS TO FORM:
By:
Douglas Holland
City Attorney
CONSULTANT NAME:
By: Dokken Engineering
Check one: _Individual _Partnership X Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board,
President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary,
Treasurer, Assistant Treasurer, or Chief Financial Officer).
By: Notarized Signature of Chairman of Board, President By: Notarized Signature Secretary, Asst. Secretary,
or any Vice President Treasurer,Asst.Treasurer or Chief Financial Officer
By: By:
Signature(notarized) Signature (notarized)
Name: Name:
Title: Title:
35
EXHIBIT A
36
DOKKEN ENGINEERING
February 20, 2017
Savat Khamphou
Assistant Director of Public Works/
Assistant City Engineer
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Bogert Trail Bridge Rehabilitation
Request for Contract Amendment No.5 for Post-Construction Construction Easement
Maintenance
Dear Mr. Khamphou:
Dokken Engineering's remaining budget for the services during construction on the Bogert Trail
Bridge Widening and Rehabilitation Project is as follows:
• Total agreement: $255,000
• Remaining balance through December 3151, 2016: $14,447.69
• Estimated remaining for environmental permit closeout: $1,500.00
• Estimated remaining balance after permit closeout: $12,947.69
As requested by the City, Dokken Engineering has developed a scope and fee for completing the
required 5-year revegetation and weeding maintenance, monitoring, and reporting efforts at the
Bogert Trail bridge site and the conservation easement area. The scope of work will be divided
between Dokken Engineering staff and a landscaping sub-contractor (Habit West). The division
of efforts is as follows:
• Dokken Engineering efforts: Quarterly monitoring; annual reporting; coordination with
landscaping sub-contractor.
• Landscaping sub-contractor efforts: Watering and weeding of the bridge site and
conservation easement area based upon developed schedule or direction from Dokken.
37
Mr. Savat Khamphou
City of Palm Springs
February 20, 2017
Page 2
Our proposed fee for the above efforts are as follows:
Dokken $50,000
Landscaping Sub-Contractor $30,000
(Habitat West)
Subtotal $80,000
Available Balance on $13,000
Dokken's Current Contract
Total Amendment Request $67,000
Our scope of work should be amended to include the following tasks over the required 5-year
post-construction period:
PHASE 3: POST CONSTRUCTION SERVICES
TASK 1.0 MITIGATION AREA MONITORING AND REPORTING
Task 1.1 Project Management - The Consultant shall provide all needed coordination
with the landscaping consultant responsible for the long term watering and weeding of
the conservation easement area. The Consultant will serve as the main point of contact
between the City, the landscaper, and any regulatory agencies associated with the
conservation easement area.
Task 1.2 Quarterly Monitoring - The Consultant shall provide quarterly monitoring of
the conservation easement area for the first three years (12 monitoring cycles, total). The
monitoring will be documented in the annual reports.
Task 1.3 Annual Reports — The Consultant shall prepare an annual report for the first
three years, documenting the state of the conservation easement area, including photos,
notes, verification of environmental compliance, and recommendations.
38
Mr. Savat Khamphou
City of Palm Springs
February 20, 2017
Page 3
Task 1.4 Landscaping — The Consultant shall employ an appropriately licensed
landscaping contractor to maintain the conservation easement area according to the
requirements in the approved environmental document. This work will include
approximately 20 waterings of the site over the first 2 years after construction is
complete, and weeding (twice annually) for the first 5 years after construction is
complete.
Please call me if you have any questions.
Sincerely,
DOKKEN ENGINEERING
Matthew W. veson, PE, PhD
Project Manager
1703-52/MWShnws
39