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4<�FORN� City Council Staff Report
Date: January 18, 2012 CONSENT CALENDAR
Subject: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
CNS ENGINEERS, INC., FOR THE VISTA CHINO LOW WATER
CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER,
CITY PROJECT NO. 10-10, FEDERAL-AID PROJECT NO. BR-NBIL
(513)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
For many years, the Public Works & Engineering Department has pursued federal
funding from the state of California Department of Transportation ("Caltrans") through its
Highway Bridge Program ("HBP") to design and construct a new bridge on Vista Chino
across the Whitewater River. Caltrans approved the City's federal grant request, and
awarded the City federal funding to initiate the preliminary environmental phase for this
project. The City solicited proposals from consultants for environmental and civil
engineering design services for this project. After a competitive consultant selection
process, the City selected CNS Engineers, Inc., and negotiated the proposed
professional services agreement.
RECOMMENDATION:
1) Approve Agreement No. with CNS Engineers in the amount of
$1,438,483.95 for environmental and civil engineering design services related to
the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater
River, (City Project 10-10), Federal Aid Project No. BR-NBIL (513); and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
For many years, the Public Works & Engineering Department has pursued federal
funding from the state of California Department of Transportation ("Caltrans") through its
Highway Bridge Program ("HBP") to design and construct a new bridge on Vista Chino
across the Whitewater River. The City has three "at-grade" crossings of the Whitewater
ITEM NO. JA
City Council Staff Report
January 18, 2012 - Page 2
Vista Chino Bridge (CP 10-10)
River on Indian Canyon Dr., Gene Autry Trail, and Vista Chino. Anytime there is a
storm event, the City is generally required to close one, two or all three of these critical
arterials into and out of the City, severely disrupting access in the western Coachella
Valley, especially emergency access to Desert Regional Medical Center.
The Coachella Valley Association of Governments ("CVAG") adopted the 2010 Update
to the Transportation Project Prioritization Study ("TPPS"). The TPPS identifies the
estimated costs to construct all-weather bridge crossings in Palm Springs as follows:
Indian Canyon Drive: $166,270,000
Gene Autry Trail: $225,682,800
Vista Chino: $68,638,500
As the cost implications to the City and CVAG are in excess of $450 Million to construct
all-weather bridge crossings at these locations, staff have primarily focused on securing
federal funding for construction of a new bridge on Vista Chino, which has the shortest
length (1/2 mile) across the Whitewater River.
After many years of effort, the Public Works & Engineering Department has been
successful in having Caltrans program $1,000,000 in the HBP for the Preliminary
Engineering ("PE") Phase to initiate environmental studies and preliminary design for a
new Vista Chino bridge.
This project requires the services of a professional firm to provide environmental and
civil engineering design services. Staff prepared a Request for Proposals (RFP) for
environmental and civil engineering design services to solicit consultants for this project.
On July 26, 2011, the RFP was published and made available to firms through the City's
Division of Procurement and Contracting, and by the August 30, 2011, deadline,
proposals from the following firms were received:
AECOM; Ontario, CA
CNS Engineers, Inc.; Riverside, CA
RBF Consulting; Irvine, CA
Simon Wong Engineering; San Diego, CA
Ultrasystems Environmental; Irvine, CA
Vandermost Consulting Services; San Juan Capistrano, CA
Following review of the proposals by a Selection Committee, a clear consensus of CNS
Engineers, Inc., as the top ranked firm was made. The Selection Committee, in
accordance with federal rules regarding consultant selection process, determined that
final interviews were not necessary based on its clear determination of a top ranked
firm. The selection was based on CNS Engineers' thorough understanding of the
project area, federal processes related to environmental clearances, and their recent
experience coordinating federally funded highway bridge projects through Caltrans
District 8.
02
City Council Staff Report
January 18, 2012 - Page 3
Vista Chino Bridge (CP 10-10)
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires consultants to use good faith efforts to solicit applications for
employment and proposals for sub-consultants for work associated with the proposed
contract from local residents and firms as opportunities occur and hire qualified local
residents and firms whenever feasible. However, in accordance with the exceptions in
the Code, given the federal funding associated with this project local preferences are
not allowed, and the provisions of the City's Local Business Preference Program were
not included in the RFP.
However, CNS Engineers made a conscious effort to include local participation in this
contract, and has identified the following three sub-consultants to perform work on this
contract:
MSA Consulting, Inc.; Rancho Mirage, CA
Overland, Pacific & Cutler, Inc.; Palm Desert, CA
Terra Nova Planning & Research, Inc.; Palm Desert, CA
Approximately 20.3% of the total contract amount represents the total fees to be paid to
these local businesses as part of this contract.
Nondiscrimination provisions apply to all programs and activities of federal-aid
recipients, sub-recipients, and contractors, regardless of tier (49 Code of Federal
Regulations (CFR), Part 21). Pursuant to the federal regulations, Disadvantaged
Business Enterprise (DBE) requirements must be satisfied with this project. A DBE goal
of 2.40% was established for this contract. CNS Engineers is itself a certified DBE firm,
and CNS Engineers has included another DBE firm as a subconsultant to this contract,
and will be reporting the value of work performed by the two DBE firms on this contract
as 27% of the contract amount.
FISCAL IMPACT:
The City has obtained $885,300 in federal funds for the initial environmental phase of
this project. The City has also entered into a funding agreement with CVAG to fund
75% of the $114,700 local match. The proposed agreement includes contract
provisions that segregate the required services into Phase 1A which is defined as
"Limited Project Approval & Environmental Document (PA/ED)" with a maximum fee of
$909,980.62. This is the maximum fee authorized upon Council's approval of the
agreement.
Once the City has completed the initial environmental phase, staff will request obligation
of additional federal funding from Caltrans to allow completion of the preliminary
engineering phase. A second phase, Phase 1 B, is defined as "Full Project Approval &
Environmental Document (PA/ED)" with a maximum fee of $528,503.33. This is the
03
City Council Staff Report
January 18, 2012 - Page 4
Vista Chino Bridge(CP 10-10)
maximum fee for completion of the environmental phase of this project. Pursuant to the
provisions included in the agreement, the Consultant cannot proceed with Phase 113
until such time as the City has successfully obligated the remaining federal funding from
Caltrans for the preliminary engineering phase of this project.
Therefore, although the Council is approving the total maximum contract fee of
$1,438,483.95 at this time, compensation is limited to $909,980.62 for Phase 1A until
specific authorization from the City is given to the consultant to proceed with the
remaining services identified in Phase 1 B.
The proposed contract fee of $909,980.62 for Phase 1A services will be funded with
federal HBP funding, Regional Measure A funding, and Local Measure A funding, as
follows:
Account261-4491-50298: $805,605.84
Account134-4497-50298: $78,281.08
Account 134-4498-50298: $26,093.70
No local miscellaneous general funds are required for this contract.
SUBMITTED:
Prepared by: Recommended by:
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Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wilso Asst. City Manager David H. Ready, Ci ager
ATTACHMENTS:
1. Agreement
04
CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT WHITEWATER RIVER
CITY PROJECT NO. 10-10
FEDERAL AID PROJECT NO. BR-NBIL (513)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement') is made
and entered into, to be effective this day of 20_, by and between the
CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter
referred to as "City") and CNS Engineers. Inc., a California corporation, (hereinafter referred to
as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as
"Party" and are hereinafter collectively referred to as the "Parties."
RECITALS
A. City has determined that there is a need for professional services to complete the
Project Approval/Environmental Document ("PA/ED") phase for the Vista Chino Low Water
Crossing Bridge Replacement at Whitewater River, City Project No. 10-10, Federal Aid Project
No. BR-NBIL (513), (hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide professional services to City to
complete the Project Approval/Environmental Document ("PA/ED") phase for the Project
pursuant to the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and
expertise to provide these services and has agreed to provide such services as provided
herein.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and
conditions contained herein, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit "A," which is attached hereto and is incorporated herein by
reference (hereinafter referred to as the "Services' or "Work'). As a material inducement to the
City entering into this Agreement, Consultant represents and warrants that Consultant is a
provider of first class work and professional services and that Consultant is experienced in
performing the Work and Services contemplated herein and, in light of such status and
experience, Consultant covenants that it shall follow the highest professional standards in
performing the Work and Services required hereunder. For purposes of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice recognized as
high quality among well-qualified and experienced professionals performing similar work under
similar circumstances.
Page 1 of 19
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1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement and the supplemental "Special Requirements" identified on
Exhibit "B"; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the
Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), which
shall all be referred to collectively hereinafter as the "Contract Documents." The City's
Request for Proposals and the Consultant's Proposal, which are both attached hereto as
Exhibits "C" and "D," respectively, are hereby incorporated by reference and are made a part
of this Agreement. The Scope of Services shall include the Consultant's Proposal. All
provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's
Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the
Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions
in the highest priority document, which shall be determined in the following order of priority:
(1') the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the City's
Request for Proposals (Exhibit "C"); (3`d) the terms of this Agreement and the supplemental
"Special Requirements" identified on Exhibit "B"; and, (4d') the provisions of the Consultant's
Proposal (Exhibit "D").
1.3 Compliance with Law. Consultant warrants that all Services rendered
hereunder shall be performed in accordance with all applicable federal, state, and local laws,
statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder.
1.4 Licenses, Permits. Fees and Assessments. Consultant represents and
warrants to City that it has obtained all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to practice its profession and perform the Work and
Services required by this Agreement. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, qualification, or approval that is legally required for Consultant
to perform the Work and Services under this Agreement. Consultant shall have the sole
obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the Consultant's
performance of the Work and Services required by this Agreement, and shall indemnify,
defend, and hold harmless City against any such fees, assessments, taxes penalties, or
interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the Services should be performed, and (c) fully
understands the facilities, difficulties, and restrictions attending performance of the Services
under this Agreement. If the Services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of any Services hereunder. Should the Consultant
discover any latent or unknown conditions that will materially affect the performance of the
Services hereunder, Consultant shall immediately inform the City of such fact and shall not
proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of
the Agreement to furnish continuous protection to the Work and the equipment, materials,
Page 2 of 18
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papers, documents, plans, studies, and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the Work by the City, except such losses or damages as may be caused by
City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care
and diligence to perform their respective obligations under this Agreement. Both Parties agree
to act in good faith to execute all instruments, prepare all documents, and take all actions as
may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to, or deducting
from such Work. No such extra work may be undertaken unless a written order is first given by
the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract
Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments
are subject to the written approval of the Consultant. Any increase in compensation of up to
twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or
in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his
designee, as may be needed to perform any extra work. Any greater increases, occurring
either separately or cumulatively, must be approved by the Palm Springs City Council. It is
expressly understood by Consultant that the provisions of this section shall not apply to the
services specifically set forth in the Scope of Services or reasonably contemplated therein,
regardless of whether the time or materials required to complete any work or service identified
in the Scope of Services exceeds any time or material amounts or estimates provided therein.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit
"B" shall govern.
2.0 COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered pursuant to this
Agreement for Phase 1A, Consultant shall be compensated by City in accordance with the
Schedule of Compensation, which is attached hereto as Exhibit "E-1" and is incorporated
herein by reference, but not exceeding the Phase 1A Contract Amount of Nine Hundred Nine
Thousand Nine Hundred Eighty Dollars and Sixty-Two Cents ($909 980.62) (hereinafter
referred to as the "Phase 1A Contract Amount"), except as may be provided pursuant to
Section 1.8 above. The Phase 1A Contract Amount is the maximum compensation authorized
upon execution of this Agreement.
Upon written authorization from the Contract Officer to proceed with the Services
rendered pursuant to this Agreement for Phase 1B, Consultant shall be compensated by City
in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "E-2"
and is incorporated herein by reference, but not exceeding the Phase 1 B Contract Amount of
Five Hundred Twenty-Eight Thousand Five Hundred Three Dollars and Thirty-Three Cents
Page 3 of 18
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($528,503.33) (hereinafter referred to as the "Phase 1B Contract Amount"), except as may be
provided pursuant to Section 1.8 above. The Phase 1 B Contract Amount shall be added to the
maximum compensation authorized upon receipt of the written authorization from the Contract
Officer to proceed with Phase 1 B.
For all Services rendered pursuant to this Agreement for Phase 1A and 1B, Consultant
shall be compensated by City in accordance with the Schedule of Compensation, which is
attached hereto as Exhibits "E-1" and "E-2" and is incorporated herein by reference, but not
exceeding the Maximum Contract Amount of One Million Four Hundred Thirty-Eight Thousand
Four Hundred Eighty-Three Dollars and Ninety-Five Cents. ($1.438.483.95) (hereinafter
referred to as the "Maximum Contract Amount"), except as may be provided pursuant to
Section 1.8 above.
The method of compensation shall be as set forth in Exhibit "E." Compensation for
necessary expenditures for reproduction costs, telephone expenses, and transportation
expenses must be approved in advance by the Contract Officer designated pursuant to
Section 4.2 and will only be approved if such expenses are also specified in the Schedule of
Compensation. The Maximum Contract Amount shall include the attendance of Consultant at
all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled
to any increase in the Maximum Contract Amount for attending these meetings. Consultant
hereby acknowledges that it accepts the risk that the services identified in the Scope of
Services may be more costly and/or time-consuming than Consultant anticipates, that
Consultant shall not be entitled to additional compensation therefore, and that the provisions of
Section 1.8 shall not be applicable to the services identified in the Scope of Services. The
maximum amount of city's payment obligation under this section is the amount specified
herein. If the City's maximum payment obligation is reached before the Consultant's Services
under this Agreement are completed, consultant shall nevertheless complete the Work without
liability on the City's part for further payment beyond the Maximum Contract Amount.
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "E"), in any month in which Consultant wishes to receive
payment, no later than the tenth (10) working day of such month, Consultant shall submit to
the City, in a form approved by the City's Finance Director, an invoice for services rendered
prior to the date of the invoice. Such requests shall be based upon the amount and value of
the services performed by Consultant and accompanied by such reporting data including an
itemized breakdown of all costs incurred and tasks performed during the period covered by the
invoice, as may be required by the City. City shall use reasonable efforts to make payments to
Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is
reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of
Services is requested by the City, the Parties shall execute a written amendment to this
Agreement, setting forth with particularity all terms of such amendment, including, but not
limited to, any additional professional fees. An amendment may be entered into: (a) to provide
for revisions or modifications to documents or other work product or work when documents or
other work product or work is required by the enactment or revision of law subsequent to the
preparation of any documents, other work product, or work; and/or (b) to provide for additional
Page 4 of 18
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services not included in this Agreement or not customarily furnished in accordance with
generally accepted practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition
of this Agreement. Consultant shall prosecute regularly and diligently the Work of this
Agreement according to the agreed upon Schedule of Performance (Exhibit "F").
3.2 Schedule of Performance. Consultant shall commence the Services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all Services
within the time period(s) established in the Schedule of Performance, which is attached hereto
as Exhibit "F" and is incorporated herein by reference. When requested by Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the Services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or
negligence of the Consultant (financial inability excepted), including, but not limited to, acts of
God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental
agency, including the City, if Consultant, within ten (10) days of the commencement of such
delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall
ascertain the facts and the extent of delay, and extend the time for performing the Services for
the period of the enforced delay when and if in the judgment of the City Manager such delay is
justified. The City Manager's determination shall be final and conclusive upon the Parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City
for any delay in the performance of this Agreement, however caused, Consultant's sole
remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall commence upon the effective date of this Agreement and continue in full
force and effect until completion of the Services but not exceeding three (3) years from the
date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "F") and
pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its
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behalf with respect to the Services to be performed under this Agreement and make all
decisions in connection therewith: James Lu, P.E.. S.E. It is expressly understood that the
experience, knowledge, education, capability, expertise, and reputation of the foregoing
principal is a substantial inducement for City to enter into this Agreement. Therefore, the
foregoing principal shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the services
performed hereunder. The foregoing principal may not be changed by Consultant without prior
written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City, and is subject to change by the City Manager. It shall
be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of
the progress of the performance of the Services, and the Consultant shall refer any decisions
which must be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority to sign all documents on behalf of the City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontractina or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant
shall not assign the performance of this Agreement, nor any part thereof, nor any monies due
hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required under this
Agreement without the prior written consent of City. If Consultant is permitted to subcontract
any part of this Agreement by City, Consultant shall be responsible to City for the acts and
omissions of its subcontractor(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the Work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant. In addition,
neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of
creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder
shall include the transfer to any person or group of persons acting in concert of more than
twenty five percent (25%) of the present ownership and/or control of Consultant, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release Consultant or any surety of Consultant from any liability hereunder without the express
written consent of City.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent
contractor, and nothing herein shall be deemed to make Consultant a City employee. During
the performance of this Agreement, Consultant and its officers, employees, and agents shall
act in an independent capacity and shall not act as City officers or employees. The personnel
performing the Services under this Agreement on behalf of Consultant shall at all times be
under Consultant's exclusive direction and control. Neither City nor any of its officers,
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employees, or agents shall have control over the conduct of Consultant or any of its officers,
employees, or agents, except as set forth in this Agreement. Consultant, its officers,
employees, or agents shall not maintain an office or any other type of fixed business location
at City's offices. City shall have no voice in the selection, discharge, supervision, or control of
Consultant's employees, servants, representatives, or agents, or in fixing their number,
compensation, or hours of service. Consultant shall pay all wages, salaries, and other
amounts due its employees in connection with this Agreement and shall be responsible for all
reports and obligations respecting them, including but not limited to social security income tax
withholding, unemployment compensation, workers' compensation, and other similar matters.
City shall not in any way or for any purpose be deemed to be a partner of Consultant in its
business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation,
or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees,
or agents in connection with any performance under this Agreement. Except for professional
fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or
other compensation to Consultant for the performance of Services under this Agreement. City
shall not be liable for compensation or indemnification to Consultant, its officers, employees, or
agents, for injury or sickness arising out of performing Services hereunder. If for any reason
any court or governmental agency determines that the City has financial obligations, other than
pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or
benefits of Consultant's officers, employees, servants, representatives, subcontractors, or
agents, Consultant shall indemnify City for all such financial obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, the insurance described herein for the
duration of this Agreement, including any extension thereof, or as otherwise specified herein,
against claims which may arise from or in connection with the performance of the Work
hereunder by Consultant, its agents, representatives, or employees. In the event the City
Manager determines that the Work or Services to be performed under this Agreement creates
an increased or decreased risk of loss to the City, the Consultant agrees that the minimum
limits of the insurance policies may be changed accordingly upon receipt of written notice from
the City Manager or his designee. Consultant shall immediately substitute any insurer whose
A.M. Best rating drops below the levels specified herein. Except as otherwise authorized
below for professional liability (errors and omissions) insurance, all insurance provided
pursuant to this Agreement shall be on an occurrence basis. The minimum amount of
insurance required hereunder shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
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(1) Consultant shall either: (a) certify in writing to the City that Consultant
is unaware of any professional liability claims made against Consultant and is unaware of any
facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide
the certification pursuant to (a), Consultant shall procure from the professional liability insurer
an endorsement providing that the required limits of the policy shall apply separately to claims
arising from errors and omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made' basis, the policy
shall be continued in full force and effect at all times during the term of this Agreement, and for
a period of three (3) years from the date of the completion of the Services provided hereunder.
In the event of termination of the policy during this period, Consultant shall obtain continuing
insurance coverage for the prior acts or omissions of Consultant during the course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for
complete coverage, either of which shall be subject to the written approval by the City
Manager.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers' compensation
insurance in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation insurance policies. If
Consultant has no employees, Consultant shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
Page 8 of 18
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E. Employer Liability Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of employer liability insurance
written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager prior to commencing any
work or services under this Agreement. Consultant guarantees payment of all deductibles and
self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in
excess of $10,000, and the City Manager may require evidence of pending claims and claims
history as well as evidence of Consultant's ability to pay claims for all deductible amounts and
self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials,
employees, agents, and volunteers. Any insurance or self-insurance maintained
by the City and its officers, council members, officials, employees, agents, and
volunteers shall be in excess of Consultant's insurance and shall not contribute
with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers,
council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including
additional insureds, against whom a claim is made or suit is brought to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to the City or its operations shall limit the application of such
insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs
the coverages set forth herein (e.g., elimination of contractual liability or reduction
of discovery period), unless the endorsement has first been submitted to the City
Manager and approved in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to
delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the
endorsements. Certificates of insurance will not be accepted in lieu of required
endorsements, and submittal of certificates without required endorsements may
delay commencement of the Project. It is Consultant's obligation to ensure
Page 9 of 18
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timely compliance with all insurance submittal requirements as provided herein.
5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved
with the Project who are brought onto or involved in the Project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the Project will be
submitted to the City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on the City nor does it
waive any rights hereunder in this or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. Endorsements as required in
this Agreement applicable to the renewing or new coverage shall be provided to
City no later than ten (10) days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements
nor as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the Work performed under this Agreement and
for any other claim or loss which may reduce the insurance available to pay
claims arising out of this Agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City, or to reduce or dilute
insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Consultant may be held responsible
for the payment of damages resulting from the Consultant's activities or the
activities of any person or person for which the Consultant is otherwise
responsible.
Page 10 of 18
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5.4 Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII,
or better, unless such requirements are waived in writing by the City Manager or his designee
due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by
a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to
be received and approved by the City before work commences. City reserves the right to
require Consultant's insurers to provide complete, certified copies of all required insurance
policies at any time. Additional insured endorsements are not required for Errors and
Omissions and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate
of Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured..." ("as respects City of Palm Springs Contract No._"or "for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or"for any
and all work performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its agents or representative" is
not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences. All certificates of insurance must
be authorized by a person with authority to bind coverage, whether that is the authorized
agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
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6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend (at
Consultant's sole cost and expense), protect and hold harmless City and its officers, council
members, officials, employees, agents and volunteers and all other public agencies whose
approval of the Project is required, (individually "Indemnified Party"; collectively "Indemnified
Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements,
costs, demands, orders, and penalties (collectively "Claims"), including but not limited to
Claims arising from injuries or death of persons (Consultant's employees included) and
damage to property, which Claims arise out of, pertain to, or are related to the negligence,
recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or
arise from Consultant's negligent, reckless, or willful performance of or failure to perform any
term, provision, covenant, or condition of this Agreement ("Indemnified Claims"), but
Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise
from the negligence, recklessness, or willful misconduct of the City, its officers, council
members, officials, employees, or agents.
Consultant shall reimburse the Indemnified Parties for any reasonable expenditures,
including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each
Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified
Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified
Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to
Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding.
The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified
Claims' shall be based on the allegations made in the Claim and the facts known or
subsequently discovered by the Parties. In the event a final judgment, arbitration award, order,
settlement, or other final resolution expressly determines that Claims did not arise out of,
pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any
extent, then City shall reimburse Consultant for the reasonable costs of defending the
Indemnified Parties against such Claims, except City shall not reimburse Consultant for
attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending
Consultant or any parties other than Indemnified Parties against such Claims.
Consultant's indemnification obligation hereunder shall survive the expiration or earlier
termination of this Agreement until all actions against the Indemnified Parties for such matters
indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if
an action is timely filed, until such action is final. This provision is intended for the benefit of
third party Indemnified Parties not otherwise a party to this Agreement.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this
Agreement. Consultant shall keep such books and records as shall be necessary to properly
perform the Services required by this Agreement and to enable the Contract Officer to evaluate
the performance of such Services. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
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7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement as the
Contract Officer shall require. Consultant hereby acknowledges that the City is greatly
concerned about the cost of the Work and Services to be performed pursuant to this
Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost
of the Work or Services contemplated herein or, if Consultant is providing design services, the
cost of the project being designed, Consultant shall promptly notify the Contract Officer of such
fact, circumstance, technique, or event and the estimated increased or decreased cost related
thereto and, if Consultant is providing design services, the estimated increased or decreased
cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subcontractors, and agents in the performance of this Agreement
shall be the property of City and shall be promptly delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of incomplete documents without specific written
authorization by the Consultant will be at the City's sole risk and without liability to Consultant,
and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant
may retain copies of such documents for its own use. Consultant shall have an unrestricted
right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in
the event Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under
this Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Consultant shall provide City, or other agents of City, such
access to Consultant's books, records, payroll documents, and facilities as City deems
necessary to examine, copy, audit, and inspect all accounting books, records, work data,
documents, and activities directly related to Consultant's performance under this Agreement.
Consultant shall maintain such books, records, data, and documents in accordance with
generally accepted accounting principles and shall clearly identify and make such items readily
accessible to such parties during the term of this Agreement and for a period of three (3) years
from the date of final payment by City hereunder.
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8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Riverside,
State of California, or any other appropriate court in such County, and Consultant covenants
and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties.
The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and
shall not be deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
8.3 Termination. City may terminate this Agreement for its convenience at any time,
without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon
such notice, City shall pay Consultant for Services performed through the date of termination.
Upon receipt of such notice, Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further
claims against the City under this Agreement. Upon termination of the Agreement pursuant to
this section, Consultant shall submit to the City an invoice for work and services performed
prior to the date of termination. In addition, the Consultant reserves the right to terminate this
Agreement at any time, with or without cause, upon sixty (60) days written notice to the City,
except that where termination is due to material default by the City, the period of notice may be
such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
B. If the City Manager, or his designee, determines that Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer
period as City may designate, to cure the default by rendering satisfactory performance. In the
event Consultant fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law, in
equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs
incurred by City as a result of such default. Compliance with the provisions of this section shall
not constitute a waiver of any City right to take legal action in the event that the dispute is not
cured, provided that nothing herein shall limit City's right to terminate this Agreement without
cause pursuant to Section 8.3.
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C. If termination is due to the failure of the Consultant to fulfill its obligations
under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take
over the work and prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for completion of the Services
required hereunder exceeds the Maximum Contract Amount (provided that the City shall use
reasonable efforts to mitigate such damages), and City may withhold any payments to the
Consultant for the purpose of set-off or partial payment of the amounts owed the City as
previously stated. The withholding or failure to withhold payments to Consultant shall not limit
Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom enforcement
of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,
condition, or term contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties
are cumulative and the exercise by either Party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses, including but not limited to reasonable attorney fees,
expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or
in collection of any judgment entered in such proceeding. To the extent authorized by law, in
the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding
within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be
the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Consultant, 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 Consultant
or to its successor, or for breach of any obligation of the terms of this Agreement.
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9.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate
in any decision relating to the Agreement which effects his financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. Consultant warrants that it 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.
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, marital status, ancestry, or national
origin. Consultant shall ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, age, marital status,
ancestry, or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other
warranty by City or Consultant against patent or copyright infringement, statutory or otherwise,
it is agreed that Consultant shall defend at its expense any claim or suit against City on
account of any allegation that any item furnished under this Agreement, or the normal use or
sale thereof arising out of the performance of this Agreement, infringes upon any presently
existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally
awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the
suit or claim and given authority, information and assistance at Consultant's expense for the
defense of same, and provided such suit or claim arises out of, pertains to, or is related to the
negligence, recklessness or willful misconduct of Consultant. However, Consultant will not
indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that
City's alteration of such deliverable created the infringement upon any presently existing U.S.
letters patent or copyright; or(2) the use of a deliverable in combination with other material not
provided by Consultant when it is such use in combination which infringes upon an existing
U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City
under any settlement made without Consultant's consent or in the event City fails to cooperate
in the defense of any suit or claim, provided, however, that such defense shall be at
Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or
claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item,
or shall substitute an equivalent item acceptable to City and extend this patent and copyright
indemnity thereto.
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10.2 Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission, and shall be deemed received
upon the earlier of(i) the date of delivery to the address of the person to receive such notice if
delivered personally or by messenger or overnight courier; (ii) five (5) business days after the
date of posting by the United States Post Office if by mail; or (iii) when sent if given by
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be addressed
as follows:
To Citv: City of Palm springs
Attention: City Manager& City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: CNS Engineers, Inc.
10370 Hemet Street, Suite 230
Riverside, CA 92503
Attention: James Lu
Telephone: (951) 687-1005
Facsimile: (951) 667-3387
10.3 Entire Agreement. This Agreement constitutes the entire agreement between
the Parties and supersedes all prior negotiations, arrangements, agreements, representations,
and understandings, if any, made by or among the Parties with respect to the subject matter
hereof. No amendments or other modifications of this Agreement shall be binding unless
executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be determined to be invalid by a final judgment or decree of a
court of competent jurisdiction, such provision shall be ineffective only to the extent of such
prohibition or invalidity, without invalidating the reminder of that provision, or the remaining
provisions of this Agreement unless the invalid provision is so material that its invalidity
deprives either Party of the basic benefit of their bargain or renders this Agreement
meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for herein,
nothing contained in this Agreement is intended to confer, nor shall this Agreement be
construed as conferring, any rights, including, without limitation, any rights as a third-party
Page 17 of 18
21
beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth herein and each Party acknowledges and agrees that such
Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii)
he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for
which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is
signing is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which the Party for which
he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
Page 18 of 18
22
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be
executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
By By
City Clerk City Manager
Date: Date:
By
City Engineer
Date:
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
City Attorney
Date:
CONSULTANT
Name: CNS Engineers, Inc.
Check one:_Individual_Partnership X Corporation
Corporations require two notarized signatures: One signature must be from 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.
Address: 10370 Hemet Street, Suite 230
Riverside, CA 92503
By: By:
Signature(notarized) Signature (notarized)
Name: Name:
Title: Title:
Page 19 of 18
23
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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true and correct.
WITNESS my hand and official seal.
Signature
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24
EXHIBIT "A"
SCOPE OF SERVICES
General Scope of Work — Consultant shall provide the City with environmental phase
services related to the Vista Chino Low Water Crossing Bridge Replacement at Whitewater
River (City Project #10-10), Federal Aid Project No. BR-NBIL (513) (hereinafter the "Project").
The scope of work generally includes all professional services associated with completion of
the Project Approval / Environmental Document ("PA/ED") Phase. Additionally, the scope of
work will include coordinating preparation and approval of a High Cost Project Agreement with
Caltrans in accordance with DLA-013-11-02. The scope of work will consist of the preparation
of Environmental Documents and Technical Studies and all other related documents and/or
reports to comply with applicable local, state and federal regulations, policies, procedures,
manuals and standards necessary to obtain CEQA/NEPA environmental approvals.
Preliminary engineering (civil and structural engineering design services) shall be provided as
necessary to support the PANED Phase, generally limited to preparation of plans representing
a 30% level design.
The general scope of services shall consist of the following two sub-phases:
Phase 1A (based on current authorized HBP funds as of November, 2011): conducting
preliminary engineering studies to determine build alternatives; based on the preferred
alternative preparing and submitting a HBP scoping document to Caltrans Local Assistance to
request allocation of HBP funds for additional cost to complete the PANED Phase; and
performing environmental technical studies.
Phase 1 A is authorized concurrently with execution of this Agreement.
Phase 1 B (after Caltrans' authorization to complete the PA&ED Phase): performing bridge type
section study; preparing project report equivalent; conducting value analysis study; preparing
NEPA and CEQA documents to secure environmental clearance; and obtaining environmental
permits.
Phase 1 B shall be authorized subsequent to Caltrans' authorization to complete the PA&ED
Phase and its obligation of additional HBP funds.
Technical Scope of Work
Phase 1A— Limited Project Approval and Environmental Document (PA&ED)
Task 1.0 - Project Management
Task 1.1 Project Administration and Project Controls
Consultant's project administration procedures are generally outlined as follows: Upon receipt
of a formal Notice-To-Proceed (NTP) for the project, a project-specific work plan shall be
developed to strategize the team resources and detailed assignments. A cost proposal with a
Exhibit"A"
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Work Breakdown Structure (WBS) shall be finalized for cost negotiation for the contract.
Consultant's work plan shall typically consist of the following items - detailed scope of services;
deliverables; schedule; task budget; agency contacts; team member contacts and
responsibility of team design disciplines; and project-specific requirements. Consultant's
general project administration task shall include management and coordination between the
City, the Consultant Team, and other stakeholders. Project administration shall be conducted
to ensure timely progress reporting and billing, accurate project record keeping, monitoring of
costs, progress, deliverables and adherence to quality standards. Internal project coordination
meetings shall be conducted monthly through office meetings, conference calls and exchange
of emails, to maintain good project communication. The Project Development Team (PDT)
meetings shall be kept purposeful and concise.
Schedule Control: During the project development, Consultant shall ensure that the schedule
adheres to all contractual requirements. The schedule shall be constantly updated. Consultant
shall work closely with the City for the delivery requirements.
Document Control: All in-coming and out-going design and correspondence materials shall be
logged, and filed according to a project-specific document control system.
Accounting and Invoicing Procedures: Consultant shall follow general City and Caltrans
accounting and billing requirements. All man-hours, direct and indirect costs shall be tracked.
Cost Control: Project costs shall be verified on a monthly basis. Cost-to-date, estimated actual
percent completed, and estimated budget to complete by individual task at each invoicing
period shall be documented.
Deliverables:monthly invoices and progress reports, schedules updates and document logs
Task 1.2 Meetings and Coordination
This task shall include general management and coordination among the City, CNS Team,
jurisdictional agencies, and other key stakeholders. Project meetings shall be conducted to
maintain good project communication in purposeful and concise meetings. Project coordination
shall be established by frequent progress review meetings or conference calls. Project
Development Team (PDT) meetings in the City Hall or by conference calls shall be conducted.
A meeting agenda shall be prepared in advance. All action items listed in the meeting minutes
shall be reviewed in every meeting. Other typical procedures including preparing monthly
progress reports; establishing design criteria; posting project issues to all individuals;
conducting biweekly progress review for all engineering plans and reports; mitigating all
independent check and review comments; clearing communication lines to maintain the project
schedule.
Exhibit"A"
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The fee for Phase 1A has been established based on fourteen (14) progress review meetings.
Project Manager and appropriate key task managers shall attend the meetings as follows:
CNS — 14 meetings; ICF— 14 meetings; AEI-CASC— 14 meetings; MSA— 14 meetings; DEA—
5 meetings; Terra Nova —6 meetings; KOA—2 meetings; OPC— 6 meetings.
Deliverables: meeting agendas, meeting minutes, and coordination memorandums
Task 1.3 Quality Assurance and Quality Control
Consultant shall provide Quality Control and Quality Assurance (QC/QA) for all project
documents and plans to ensure that the project moves forward to delivery as quickly as
possible. Upon notice to proceed, the QC/QA procedures shall be clearly outlined for the
project team. These procedures shall include checklists for plan preparation, a-file sharing
procedures and document controls, and independent reviews by senior staff. Consultant shall
review the design documents to make sure that the design is consistent with the funding
requirements so that the review and approval process is expedited. Consultant shall make
sure all right-of-way acquisitions; easements; and utility relocation for the project are
reasonable and efficient.
Deliverables: Quality Control and Quality Assurance Plan
Task 1.4 Local Assistance Funding/Programming Supports
Consultant shall assist the City in preparing a funding document to request change of the
project scope, cost and schedule in accordance with Caltrans Local Assistance Program
Guidelines manual when changes of the project elements are deemed necessary during the
project development. In addition, a request for authorization to proceed with preliminary
engineering (final design) in accordance with Caltrans Local Assistance Procedures Manual
shall be also prepared. Consultant shall provide technical supports and attend up to two (2)
meetings with the City and Caltrans Local Assistance as required to discuss the funding
authorization matters.
The proposed project is considered a "High Cost' project because its estimated construction
cost exceeds $20 million. As such the City is responsible for committing non-federal fund
sources to fund Advance Construction (AC) to cash flow the high cost phase of the project.
Consultant shall work closely with the City, RCTC and CVAG to explore the opportunities of
using non-federal funds and develop a financial management plan to financially support the
required Advance Construction.
Deliverables: a HBP funding document to request change of project scope, cost and schedule;
a request for authorization to proceed with preliminary engineering (final design); financial
management plan
Exhibit"A"
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Task 2— Limited Preliminary Engineering
Task 2.1 Data Collection and Research
Consultant shall collect available existing reports, data, as-built plans, and information relevant
to the project from the Cities of Palm Springs and Cathedral City, Coachella Valley Water
District(CVWD), Riverside County Flood Control & Water Conservation District(RCFC&WCD),
and other stakeholders and agencies.
Drainage Research and Data Inventory: Consultant's team member, AEI-CASC shall perform
data research and coordination in support of the hydrology, drainage, and floodplain study.
AEI-CASC shall gather and perform a thorough review of available drainage and street plans,
drainage studies, master drainage plans, design topographic maps, aerial photographs, and
other plans and reports relevant to the drainage design of the project. This task also provides
for performing and documenting the findings obtained from interviews with CVWD, Cities of
Palm Springs and Cathedral City, and RCFC&WCD staff about drainage deficiencies and
flooding history in the study areas.
Right-of-Way Research and Data Collection: Consultant's team member, MSA shall collect any
available record drawings, survey control maps, benchmarks, tract maps, parcel APN maps,
and records of surveys, and title reports from the appropriate agencies. Consultant's team
member, OPC shall provide the project team with title reports. Eighteen (18) preliminary title
reports are budgeted.
Deliverables: a document log showing all dada obtained from the agencies
Task 2.2 Field Review and Site Assessment
Consultant shall conduct a field review meeting and a thorough site investigation with the City.
The field review meeting shall assist the Consultant in verifying information obtained in data
collection and research; documenting existing traffic signalization, underground and overhead
utilities, signing and striping, drainage conditions, flow patterns, existing site constraints and
improvements in the project area; clarifying the project scope; and identifying potential
unforeseen issues that may cause delay to the project.
Deliverables: field review notes and a photo log
Task 2.3 Surveying and Aerial Topographic Mapping
Consultant's team member, MSA shall conduct field survey of Vista Chino and cross street
monuments; set aerial targets for mapping; fly and map both Vista Chino and the floodplain
limits at 40 scale, 1 foot contours; and perform field survey cross sections of Vista Chino within
the project limits.
Exhibit"A"
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Deliverables: aerial mapping of Vista Chino and the Floodplain area within the Whitewater
channel, a color orthophoto image of Vista Chino, and surveyed points along Vista Chino for
use in alternative studies, GADs and Preliminary Stage Construction Plans design and
hydrology analysis
Task 2.4 Right-of-Way Research and Base Mapping
Consultant's team member, MSA shall research right-of-way(R/W) documents at both Cities of
Palm Springs and Cathedral City; research R/W documents at the BIA; prepare base map of
centerlines, R/W, descriptions of found monuments, topographic mapping, all overlaid on
screened color orthophoto image. The task includes text describing APN's and ownership.
Deliverables: a RAN constraints map containing all information obtained above in both PDF
and AutoCAD file format
Task 2.5 Utility Research, Notification and Mapping
Consultant's team member, MSA shall research existing utility base plan, conduct field
verification and update base plan, schedule utility agency meetings, and perform relocation
coordination.
Consultant's team member, Overland, Pacific & Cutler(OPC) shall review existing six (6) utility
agreements, contact utility to confirm data, determine prior rights/cost liability and prepare
matrix of liability with confirmed data.
Deliverables: utility agency plats and maps (MSA); an existing utility base plan in AutoCAD
format (MSA); utility agency meeting minutes and communications log (MSA); utility prior
rights/cost liability matrix (OPC)
Task 2.6 Traffic Study
Consultant's team member, KOA shall conduct the traffic study including staging and traffic
management plans during construction. KOA shall define the study area. The study area is
defined to include analysis of up to six (6) arterial intersections and four(4) roadway segments.
The study area must be large enough to analyze the potential construction impact or partial
closure of Vista Chino during bridge construction. Peak period intersection turning movement
counts shall be collected for up to six (6) intersections during the AM and PM peak hours and
average daily traffic counts (ADT) will be collected for up to four (4) roadway segments. The
City completed a city-wide traffic study in 2005 for the General Plan updates. However, new
counts are needed for this project. The counts shall be taken by personnel of KOA or by a
traffic count specialist, depending upon scheduling and availability. KOA shall also review the
location and intersections in the field to observe and inventory roadway geometrics, existing
traffic operation, and relevant information during peak hours. KOA shall prepare a traffic study
suitable for a complete environmental analysis that summarizes the evaluation of each final
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alternative that is included for complete analysis in the environmental document. The study
shall identify traffic impacts, mitigation measures, and potentially unmitigated impacts. The
traffic study shall include a full analysis of construction related impacts for any alternative that
proposes to partially or fully close Vista Chino or temporary detour during construction. This
shall include evaluation of traffic conditions along detour routes and potential mitigation
measures where appropriate. KOA shall develop drawings showing conceptual mitigation
measures through restriping, signal modifications, or turning lanes along detour routes.
The traffic study shall present all information prepared by KOA, including: Existing (2011)
Traffic Conditions, Opening Year, Long Range Year (2035), Traffic Impacts, Mitigations /
Recommendations, Consideration of Other Mode of Transportation, Traffic Management and
Traffic Controls Plans for Construction Alternatives, Construction Traffic Impacts and Mitigation
Measures, Air Quality and Greenhouse Gas Traffic Information, Unavoidable Adverse Impacts
to Traffic and Circulation, and Conclusion. Traffic signal modification analysis and concept
design shall be conducted to identify locations with potential for new or revised signalized
intersections.
A Traffic Study Report shall be prepared in conformance with Caltrans standards. KOA shall
respond and resolve City and Caltrans' review comments on the draft report, and a final Traffic
Study Report shall be prepared to support environmental documentation.
Deliverables: draft and final Traffic Study Reports
Task 2.7 Preliminary Roadway/Bridge Foundation Reports
Consultant's team member, Earth Mechanics, Inc. (EMI) shall prepare three geotechnical
deliverables including Preliminary Materials Report, Preliminary Geotechnical Design Report
(PGDR) and Structure Preliminary Geotechnical Report (SPGR) for Bridge Type Selection
Study per Caltrans standards. In addition to the above reports, EMI shall also perform Grain-
Size Analysis for hydraulic Sediment Transport Evaluation. EMI shall collect surficial grab
samples (no more than 3 feet below the ground surface) for grain-size analysis. EMI shall
collect these samples from 3 different locations within Whitewater River; samples will be
recovered at the ground surface and between 2.5 and 3 feet below the ground surface.
Laboratory grain-size distribution tests will be performed on all recovered samples and the
results will be transmitted in grain-size distribution curves.
Deliverables: Preliminary Materials Report, Preliminary Geotechnical Design Report (PGDR)
and Structure Preliminary Geotechnical Report (SPGR), a memo documenting grain-size
analysis
Task 2.8 Roadway Alternatives Study and Geometric Approval Drawings
Consultant's team member, MSA shall develop roadway geometric study for three separate
alternatives and prepare Geometric Approval Drawings (GADs) at 30% design level for the
Exhibit"A"
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preferred alternative. MSA shall prepare existing base plan for Roadway Alternatives Study
and GADS; identify constraints that will affect the alternative designs and selections; based on
the identified constraints and existing roadway bridge approaches prepare three (3)
Alternatives Study sketches for bridge alignments over channel (sketches will be prepared at
V=40' H & V=4' V); evaluate and comment on each Roadway Alternatives Study horizontal
and vertical alignments; attend PDT, Commission, City Council, CVWD, RCFC&WCD and
local community meetings; prepare Geometric Approval Drawings (based on the selected
alternative). GADs will consist of one (1) cover sheet; 5 plan/profile Sheets (1"=20' H & 1"=2'
V); 4 detail sheets.
The GADs shall set the basis for the future final design of the project. It shall include
establishing the curb/gutter flow line profiles for future final design purposes. The design will
include checking the pavement saw-cut locations and cross falls for compliance with the Cities'
standards. The proposed storm drain relocations and flow lines shall be established for future
final design purposes. Potential conflicts with utilities and existing improvements shall be
determined and proposed resolutions provided.
Deliverables: three (3) Alternatives Study Exhibits and one (1) Geometric Approval Drawings
Task 2.9 Preliminary Stage Construction Plans
Based on the approved GADs, Consultant's team member, MSA shall prepare Preliminary
Stage Construction Plans including geometrics of a detour road south of Vista Chino to 30%
design level, which shall consist of 1 Cover Sheet; 5 Plan/Profile Sheets (1"=20' H & V=2' V)
and attend a meeting with Transportation Commission. The geometric design of the stage
construction plans shall be used by KOA to prepare traffic staging and management plans per
Task 2.6, Traffic Study.
Deliverables: Preliminary Stage Construction Plans
Task 2.10 Preliminary Right-of-Way Study and Cost Estimates
Consultant's team member, Overland Pacific & Cutler, Inc. (OPC) shall perform design review
and project team coordination; conduct field research; and perform property analysis. Field
agent and OPC property analysts shall meet to discuss data and draw impact conclusions and
property remediation strategies. OPC shall report to the design team of initial property impact
conclusions. Opportunities shall be provided to the project team for creative problem-solving
either in design or property remediation strategies. OPC shall secure up to nine (9) right-of-
entries from property owners for various surveying, trenching and other environmental survey
activities; coordinate preliminary title reports; perform subsequent research to provide up to
(18) title reports for impacted parcels; properly identify any relevant vesting and ownership
interests relevant to the cost estimating process; and provide the project team with relevant
title research findings to assist in project development. MSA shall prepare up to three Right-of-
Way Exhibits showing proposed parcel takes.
Exhibit"A"
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Deliverables: preliminary right-of-way exhibits (MSA); 9 right-of-entries, 18 title reports, and
preliminary right-of-way analysis with cost estimates (OPC)
Task 2.11 Bridge Aesthetics and Approach Landscape Modification Study
Consultant's team member, David Evans and Associates, Inc. (DEA) landscape architects
shall prepare two (each) conceptual sketches to assist the project team in the development of
bridge aesthetic elements which will include the following: barrier recess enhancements,
railings, pilasters, fencing, and abutment walls. DEA shall conduct appropriate research during
the design process. Detailed sketches shall highlight the two varying designs for each of the
bridge components. These details shall be considered conceptual design details capable of
indicating size, layout, design intent, color, texture and treatment of materials. Sketches shall
be prepared in color and shall be suitable for presentation to the City staff, Arts Commission
and City Council for review and approval of the selected bridge aesthetic elements. DEA shall
necessitate a close and coordinated effort between team members. This task includes
coordination with the project team, City staff, and Caltrans District 8 landscape architects.
Preliminary cost estimates shall be provided for each of the two (2) proposed alternatives in
each category.
Deliverables: two concepts for each of the bridge aesthetic components summarized in a
bridge aesthetics booklet, supporting cost estimates
Task 2.12 Preliminary Street Lighting Study
Consultant's team member, KOA shall prepare a street lighting study for the proposed Vista
Chino Bridge. The study shall review various methods and lighting fixture types employed on
other river crossing bridges in the area. Only minimal highway lighting exists within the project
area and is found on utility poles. Recommended street lighting shall meet or exceed levels for
major highways. Existing lighting on Vista Chino shall be identified for the purpose of
maintaining consistent lumen output and color. The study shall review pole and lamp fixture
options based on the bridge architecture. Options shall include conventional cobra overhead
fixtures mounted at roughly 30' above pavement, antique or modern fixtures based on the
bridge architectural theme; low level light fixture to reduce lighting pollution within the river bed
impacting nocturnal wildlife; or combinations for pedestrian and roadway lighting. Also, a list of
lamp types shall be listed. Lamps such as high pressure sodium vapor, mercury vapor, metal
halide, light emitting diode (LED), and induction are possible choices. Nighttime light level
samples shall be observed on local bridges which have lighting. Viable lighting fixture selection
shall require input and approvals from project involved agencies. The study shall include
exhibits describing various poles and fixtures.
Deliverables:preliminary Street Lighting Study Report and cost estimates
Exhibit"A"
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Task 2.13 Roadway Drainage Study
Consultant's team member, AEI-CASC shall review the local drainage issues associated with
the proposed project and street design. A local hydrology study shall be prepared based upon
the existing (pre-project) and proposed (post-project) conditions. Preliminary pipe sizes, inlet
(catch basin) sizes and pipe horizontal alignments shall be preliminarily determined. This
scope shall include preparation of a roadway drainage study report and hydrology maps.
Deliverables: Roadway Drainage Study Report and Plans
Task 2.14 Floodplain, Bridge Hydraulics and Sediment Transport Analyses
Consultant's team member, AEI-CASC shall perform a floodplain and bridge hydraulic
analyses based upon the existing and with-project conditions. The analyses shall be performed
considering two channel states: (1) the broad wash condition available at the site as defined
by the existing topography; and (2) the self-forming channel condition likely to exist during
flood event occurrence. Condition (1) shall define flood limits and areas of inundation with and
without project, and shall follow the typical approach applied by FEMA for floodplain impacts
assessment. Condition (2) shall define more realistic (and likely more extreme) hydraulics
(depths and velocities) that the channel and proposed structures could experience, and shall
be used for local and general scour assessment, sediment transport and capacity evaluation.
The results of the existing condition study shall be the basis for determining the required
mitigation measures in conjunction with the proposed or with-project study.
Hydraulic and sediment transport studies under the existing condition shall first be examined to
establish the baseline condition. Alternative with-project conditions shall then be assessed,
and the potential impacts to channel stability and sediment transport shall be determined. In
order to quantify the impacts of the proposed bridge to the existing hydraulic, sediment
transport and stability characteristics of the Whitewater River through the project reach, AEI-
CASC shall utilize the current steady-state hydraulic model (HEC-RAS computer model) but
modified to integrate the proposed bridge footprint.
The HEC-RAS model shall determine the preliminary channel capacities, floodplain elevations,
backwater effects, total scour potential, and identify any deficiencies with the existing channel.
The hydraulic model shall also be utilized to determine the impacts to the surrounding
improvements such as the channel concrete cutoff walls due to the proposed bridge
improvements including changes to the natural geomorphic stream pattern (long term channel
stability). The bridge scour routines in the HEC-RAS computational model, developed by the
U.S. Army Corps of Engineers, shall be applied to preliminarily estimate the magnitude of the
local pier scour, local contraction scour and abutment scour components expected under
design flow conditions for both the existing and with-project conditions. Recommendations
shall be provided for soffit elevation depth of fixity allowance for the proposed bridge structure.
Exhibit"A"
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Computations shall be made for a wide range of flow conditions, including peak 2-year through
100-year and Standard Project Flow (SPF) flood conditions. Steady-state modeling of the
hydraulic and sediment transport capacities shall be conducted, and transport volumes shall
be determined for local reaches by integrating rating curves over individual flood hydrographs.
Hydrologic quantities (peak flows and flood hydrographs) shall be obtained from previous
Corps' studies and available local streamgage information. In order to assess the existing
sediment transport capacity of the river through the project reach, average annual sediment
transport quantities shall be determined using probability-weighting of the results developed for
the individual flood events examined. The amount of sediment required to be passed through
is nearly always associated with the average annual sediment conditions -- not a specific event
or design level, but maintenance of the average annual conditions. For the most part, the total
sediment volume associated with the average annual sediment condition is roughly equivalent
to the 100-year flood event.
AEI-CASC shall evaluate the general sediment transport characteristics of the Whitewater
River in the vicinity of the proposed bridge. The task shall include evaluation of historical
channel trends, contrast of local channel slopes to regional slope variation, evaluation of
anticipated changes to sediment loading to the project reach due to upstream activities,
hydraulic capacity calculations of using normal depth procedures, and sediment transport
potential evaluation using qualitative hydraulic indicators. Steady-state methodologies shall be
used to contrast the sediment transport capacity of the channel reach local to the proposed
bridge with anticipated supply rates, over a range of discharge conditions. Local sediment size
information shall be used with the hydraulic information and sediment transport relations to
estimate bed material sediment transport volumes passing through the upstream, local and
downstream channel reach. Sediment continuity shall be applied to estimate potential
erosion/sedimentation depths to be expected along the proposed channel under design event
and average annual conditions. Local scour components, due to drop structures or other
features incorporated into the proposed plan shall be computed, if applicable. The potential
hydraulic and/or channel deformation effects of bed form development shall be assessed as
well. A floodplain, bridge hydraulic and sediment transport report shall be prepared to
document the study assumptions, procedures and results.
The bridge hydraulics and potential local scour and general degradation values shall be
determined using the published SPF and 100-year storm flows of 88,000 CFS and 39,000
CFS, respectively. Minimum bridge and channel freeboard of 1 foot and 3 feet shall be
provided under the SPF and 100-year flood conditions, respectively, as required by CVWD and
RCFC&WCD. For the bridge, a minimum of 4 feet of freeboard shall be required by
RCFC&WCD due to the "levee" nature of the adjacent channel bank improvements.
During the course of this study, AEI-CASC shall provide hydraulic and sediment transport
studies in support of the following 3 bridge alternatives:
1. A 2,600-foot long bridge measured along the current roadway alignment (approximately
2,100 feet long measured perpendicular to the general flow path). This alternative shall
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have the least impact to the existing hydraulic, sediment transport, and environmental
conditions in the area.
2. A 1,200-foot long bridge measured along the current roadway alignment (approximately
933 feet long measured perpendicular to the general flow path). For comparative
purposes, the existing Ramon Road Bridge located downstream of Vista Chino is
roughly 1,100 feet long measured along the roadway alignment. In order for this
alternative to work, training levees shall be constructed upstream of the crossing, which
may require significant environmental mitigation.
3. A 1,900-foot long bridge measured along the current roadway alignment (approximately
1,600 feet long measured perpendicular to the general flow path). In order for this
alternative to work, a series of culverts may be required to minimize flow impingement
against the proposed roadway embankment and allow sediment to pass through as
required by the Agua Caliente Tribal HCP.
General scour depths under SPF and 100-year conditions for the existing and with-project
conditions shall be computed using the Blench Regime Equation, as recommended by CVWD.
The Los Angeles County Sedimentation Manual shall be used for determining cutoff wall
depths as required by RCFC&WCD.
Based upon the results of the HEC-RAS model, AEI-CASC shall review and identify the
required channel improvements and scour protection through the bridge and immediately
upstream and downstream of the bridge, as needed. Preliminary grades and elevations shall
be determined and limits of improvements shall be identified. This task shall include
recommendation for channel improvements as mitigation against potential scour affecting the
proposed bridge and the existing concrete slope protection along the east and west sides of
the channel. Additionally, this task shall include providing technical input to support
environmental 401, 404 and 1602 permitting process.
Deliverables: Floodplain, Bridge Hydraulic and Sediment Transport Study Report
Task 2.15 Preliminary Cost Estimates
Consultant shall prepare preliminary quantities takeoff and cost estimates for each "build"
alternative. Estimates of probable construction costs for the proposed improvements shall be
prepared.
Deliverables:preliminary quantities and construction cost estimates
Task 3— Limited Environmental Document (CEOA NEPA)
Task 3.1 Public Scoping Meeting
For Phase 1A, it is assumed that attendance at one public scoping meeting shall be required.
Consultant and Consultant's team member ICF's PM shall attend this meeting and shall
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provide project information, if needed. Consultant shall provide required boards for the
meetings.
Deliverables: attendance and coordination at one public scoping meeting and implementing
comments in the environmental studies
Task 3.2 Preliminary Environmental Study (PES)
A Preliminary Environmental Study (PES) shall be prepared using existing, available
information and no new analyses or detailed evaluations are assumed or included. As directed
in the PES, cultural information shall be provided entirely by Caltrans.
Deliverables: draft and final PES
Task 3.3 Noise Study
Consultant's team member, Terra Nova shall manage the preparation of noise analyses that
evaluate noise associated with project construction and related activities, as well as long-term
operation traffic based upon future traffic volumes cited in the project traffic study. Noise
analysis shall satisfy CEQA and Caltrans NEPA requirements. In addition to field monitoring
and site assessment, other resources, including the City General Plan Noise Study and
project-specific noise impact analyses and associated environmental documents, shall also be
used. Analysis of existing noise barriers adjacent to sensitive receptors within the project area
shall also be conducted and mitigation plan (noise abatement) developed, as necessary.
Therefore, a Noise Abatement Decision Report (NADR) in accordance with Section 5 of the
Traffic Noise Analysis Protocol (May 2011) shall also be incorporated into the noise analysis.
Deliverables: Noise Impact Study Report, including NADR and impact mitigation plans, as
required
Task 3.4 Air Quality Study
Consultant's team member, Terra Nova shall conduct an air quality and greenhouse gas
(GHG) analysis, which covers requirements of the City and South Coast Air Quality
Management District (AQMD) and conforms to CEQA guidelines. The subject project is
designated as exempt from conducting an air quality conformity analysis pursuant to the
Federal Clean Air Act (93.126). Therefore, the air quality and GHG analysis shall be prepared
pursuant to CEQA and South Coast AQMD requirements.
Deliverables:Air Quality and GHG Analysis and Study Report
Exhibit"A"
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Task 3.5 Phase 1 Initial Site Assessment and ADL Surveys
Consultant's team member, Terra Nova shall conduct environmental site assessments,
including a Phase I hazardous materials assessment of the project site and area of potential
effect (APE), based on APE to be prepared by ICF. The Phase I assessment shall be prepared
in conformance with the American Society for Testing and Materials (ASTM) Standard E1527-
05 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process".
The ADL study shall also assess the concentrations of aerially deposited lead in soil and on-
pavement paint along Vista Chino within the planned bridge construction area. This soil study
shall be conducted in accordance with EPA SW-846 and Caltrans protocols. The soil sampling
locations shall be spaced at approximately 10 meter (30 feet) intervals. Each boring shall be
placed approximately 1 meter (3.3 feet) from the roadway's paved surface. A hand auger shall
be used to drill down and collect samples at each boring location. Soil shall be collected from
each boring at the following three depths:
- Between 0 and 0.15 meter(0 and 6 inches),
- Between 0.15 and 0.31 meter(6 and 12 inches), and
- Between 0.46 and 0.61 meter(18 and 24 inches).
The collected soil sample shall be delivered to a State-accredited laboratory for chemical
analyses. Each collected soil sample shall be analyzed for lead using EPA Method 6010B. Ten
percent of the samples shall be analyzed for soluble lead (synthetic precipitation leaching
procedure; leached with deionized water) using EPA Method 6000/7000 series. Five of the
samples shall be analyzed for pH using EPA Method 9045. In addition to lead in soil, the
yellow striping paint on Vista Chino shall also be tested for the presence of lead. The collected
paint chip samples shall be analyzed for lead using EPA Method 6010B.
Deliverables: An integrated environmental site assessment and ADL report description of
methodologies, including literature search, interviews, survey and sampling approaches, data
collection and analysis, and full documentation
Task 3.6 Water Quality Assessment Report and Preliminary SWPPP
Consultant's team member, AEI-CASC shall prepare a site-specific Water Quality Assessment
Report (WQAR) and Preliminary Storm Water Pollution Prevention Plan (SWPPP) in support of
the preferred bridge design alternative. The WQAR shall be prepared in accordance with the
requirements set for in the document, "Whitewater River Region Storm Water Management
Plan, Appendix H, dated June 2009". AEI-CASC shall review the proposed project design and
shall identify options for addressing the WQAR Requirements for site design, source control,
and treatment control best management practices (BMPs).
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
One draft of the WQAR (three copies) shall be submitted to CNS, City of Palm Springs, and
Caltrans for review and comment. Upon receipt of written comments on the WQAR, AEI-CASC
shall address comments within the scope of services. One final WQAR document (one original,
3 copies) shall be submitted.
AEI-CASC shall prepare a site-specific SWPPP in support of the project. The SWPPP shall be
prepared in accordance with the requirements set forth in 2008 EPA Construction General
Permit. One draft of the SWPPP (three copies) shall be submitted to CNS, City of Palm
Springs and Caltrans for review and comment. Upon receipt of written comments on the
SWPPP, AEI-CASC shall address comments within the scope of services. One final SWPPP
document (one original, 3 copies) shall be provided to CNS. Additionally, AEI-CASC shall
prepare and provide the City of Palm Springs (Owner)with a paper Notice of Intent (NOI) form
to aid in electronic filing by the Owner for coverage under the General Permit.
Deliverables: Water Quality Assessment Report and SWPPP
Task 3.7 Location Hydraulic Study and Summary Floodplain Encroachment Report
Consultant's team member, AEI-CASC shall prepare Location Hydraulic Study (LHS) and
Summary Floodplain Encroachment Report (SFER) based upon the preferred alternative and
in conformance with Caltrans District 8 requirements.
Deliverables: LHS and SFER
Task 3.8 Biological Resources Study (Natural Environmental Study and Biological
Assessment)
Consultant's team member, ICF shall conduct a literature search, perform field surveys, and
prepare a Natural Environmental Study (NES) report analyzing potential impacts to biological
resources. The report shall be prepared in accordance with Caltrans SER guidance and shall
conform to the Caltrans NES annotated outline that is available at the time that the NES is
initiated. The following tasks shall be performed during the preparation of the reports:
(Review of Project Information and Applicable Literature)
A literature review shall be conducted to identify special-status species known or reported from
the project area. The literature review shall include:
1) Special status species lists from the California Department of Fish and Game (CDFG) and
U.S. Fish and Wildlife Service (USFWS);
2) Database searches of current versions of the California Natural Diversity Database
(CNDDB)and the Online Inventory of the California Native Plant Society (CNPS);
3) The most recent applicable Federal Register listing package and critical habitat
determination for each federally listed Endangered or Threatened species potentially
occurring within the project site;
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
4) The most recent CDFG Annual Report on the status of California's listed Threatened and
Endangered plants and animals;
5) Other available biological studies conducted in the vicinity of the project site; and
6) Biological documentation included in the Coachella Valley Multiple Species Conservation
Plan (CVMSHCP)and Agua Caliente Tribal Habitat Conservation Plan (ACTHCP).
(Field Evaluation for Biological Resource Constraints)
After reviewing relevant information, the project area shall be evaluated, with a thorough
walkover covering all portions relevant to potential biological resource constraints. Detailed
field notes shall be compiled including conditions, visible disturbance factors, species, habitats,
and more general biological resource issues observed or detected. The site shall be evaluated
regarding the presence, absence, or likelihood of occurrence for all special status species,
habitats, or more general biological resource issues potentially posing a constraint to the
project through applicable laws and regulations. Adjacent areas shall also be briefly examined
to provide context. The access and right of entry shall be provided by OPC for the field
surveys. ICF have attempted to include in this scope any specialized studies that may be
required, however, if focused habitat evaluations or focused surveys for any species other than
those included in this scope of work are required then this will be communicated to the City
immediately and a separate scope and cost for this work will be provided. The study area is
assumed to be the proposed project footprint plus 300 feet (where access is permissible);
though as noted below some evaluations will cover a smaller area.
This task includes evaluations/determinations for the following potential resource issues:
Habitat Evaluation and focused survey for Burrowing Owl —A qualified biologist shall
perform an evaluation of the potential for Burrowing Owl (Athene cunicularia) to occur. All
areas to be evaluated shall be examined carefully for habitat characteristics and
disturbance factors. The study area for this work is assumed to be the proposed project
footprint and a 250-foot buffer (with an additional 500-foot buffer to be evaluated visually),
as accessible to ICF. It is assumed that access for the survey will be granted by the
property owners based on the right of entries secured by OPC. Potentially suitable habitat
shall be mapped. No permits are required to perform a habitat evaluation, but the biologist
must be experienced with the species' biology, identification of direct and indirect sign, and
physical characteristics of potentially suitable habitat. Habitat evaluations for this species
can be performed any time of year. The results will be directly incorporated into the NES.
This scope of work assumes that a focused survey for burrowing owl shall be required. The
survey window for this work is limited to March 1 and August 31 and the survey consists of four
visits made to all potential habitat on four separate days. The visits need to occur during one
hour before sunrise to two hours after and/or two hours before sunset to one hour after. The
results of the focused survey for Burrowing Owl shall be directly incorporated into the NES.
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Habitat evaluation and focused survey for special status plants — Several rare plants are
known to occur within the vicinity of the project site. A review of the site for potential for rare
plants shall be performed by a botanist. This review shall include Coachella Valley milk-
vetch (Astragalus lentiginosus var. coachellae), a federally listed species that is likely have
potential along Vista Chino. Any potential habitat found for rare plants shall be mapped. If
no potential for special status plants is found, results of this evaluation shall be provided in
the NES.
If potential habitat for special status plants is present, a focused survey shall be performed,
and this is assumed in this scope of work based on a review of the project site. The focused
survey shall consist of up to five visits (occurring in early spring through summer, depending
on the species) with each visit covering all potential habitat for a given species. Because it will
be important to determine whether any given species with potential for occurrence can be
definitively surveyed, reference populations shall be visited prior to survey visits. It should be
understood that depending on annual weather and local conditions, negative results for
focused plant surveys shall not always be reliable as a basis to conclude that there is no
reasonable potential for the target species to occur. ICF will not be responsible if such
conditions, beyond reasonable control of ICF, prevent a conclusion that one or more of the
species has no reasonable potential to occur. Results of the plant survey shall be incorporated
into the NES.
• Habitat evaluation and focused survey for desert tortoise — Desert tortoise (Gopherus
agassizii), a federally listed species, is known to occur within the vicinity of the project site.
A review of the site for potential desert tortoise habitat shall be performed by a qualified
biologist. Any potential habitat found for desert tortoise shall be mapped. If no potential for
desert tortoise is found, results of this evaluation shall be provided in the NES.
If potential habitat for desert tortoise is present, focused surveys shall be conducted during the
time that desert tortoises are most active (April through May or September through October)
when air temperatures measured at approximately five centimeters above the soil surface in
full sun are under 104 degrees Fahrenheit. This scope assumes that focused surveys shall be
required. Surveys of the project site, along with a 300-ft buffer, deemed as the Action Area,
shall consist of 10-meter belt transects, yielding 100% coverage. If no desert tortoises are
found during the 100% coverage survey, three additional 10-meter belt transects would be
conducted at 200, 400, and 600-meter intervals, from the perimeter of the project site. All
desert tortoise sign (scat, burrows, carcasses) observed shall be recorded using USFWS 2010
Desert Tortoise Pre-Project Survey Data Sheets. The additional 200, 400, and 600-meter
transects are assumed for this scope of work. Results of the desert tortoise survey shall be
incorporated into the NES.
Habitat evaluation and focused survey for Coachella Valley fringe-toed lizard — Coachella
Valley fringe-toed lizard (Uma inornata), a federally listed species, is known to occur within
the vicinity of the project site. A review of the site for potential Coachella Valley fringe-toed
lizard habitat shall be performed by a qualified biologist. Any potential habitat found for
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Coachella Valley fringe-toed lizard shall be mapped. If no potential for Coachella Valley
fringe-toed lizard is found, results of this evaluation shall be provided in the NES.
If potential habitat for Coachella Valley fringe-toed lizard is present, qualified biologists shall
conduct six surveys over the project area on separate days, per CDFG guidelines. This scope
assumes that focused surveys shall be required. The entire project area shall be surveyed
using transects spaced five meters apart. The surveys must occur between April and October
(inclusive of both months) between 7:30-11:00 a.m. when the temperature one centimeter
above the unshaded sand surface is greater than 95 degrees Fahrenheit and less than 110
degrees Fahrenheit. Surveyors shall tap vegetation (without damaging it) to attempt to get the
lizards to flush. One surveyor shall focus on the substrate/habitat 30-40 meters in front while
the other one focuses in the area 2-10 meters in front. Surveys shall be conducted only when
winds are 10 mph or less and it is not raining. The survey route shall be recorded using a sub-
meter accuracy GPS unit. Subsequent surveys shall not be required if a Coachella Valley
fringe-toed lizard is found, as presence shall be established. Six surveys are assumed for this
scope of work. Results of the Coachella Valley fringe-toed lizard survey shall be incorporated
into the NES.
Habitat evaluation and focused survey for Palm Springs round-tailed ground squirrel —
Palm Springs round-tailed ground squirrel (Xerospermophilus tereticaudus chlorus), a
federal Candidate species, is known to occur within the vicinity of the project site. A review
of the site for potential Palm Springs round-tailed ground squirrel habitat shall be performed
by a qualified biologist. Any potential habitat found for Palm Springs round-tailed ground
squirrel shall be mapped. If no potential for Palm Springs round-tailed ground squirrel is
found, results of this evaluation shall be provided in the NES.
If potential habitat for Palm Springs round-tailed ground squirrel is present, qualified biologists
shall conduct three survey visits from May 1 through July 31, per USFWS guidelines. This
scope assumes that focused surveys shall be required. These surveys shall consist of walking
10-meter transects over the entire project area, along with a 300-foot buffer. Surveys must be
conducted from one to four hours after sunrise during times of low wind speeds, with
temperatures in the shade ranging from 80-91 degrees Fahrenheit. Visual and auditory
observation methods shall be used. Any Palm Springs round-tailed ground squirrels or active
burrow locations shall be mapped using a sub-meter accuracy GPS unit. Results of the Palm
Springs round-tailed ground squirrel survey will be incorporated into the NES.
(Technical Report Preparation)
A draft NES shall be developed based on results of the biological surveys and analysis and
shall conform to the current Caltrans NES annotated outline, as previously described. The
report shall describe:
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
(a) The study methods used in identifying and assessing the biological resources at the project
site, the personnel who conducted the studies, contacts made with agencies, and any
limitations associated with the study;
(b)The environmental setting including both the biological and physical setting at the project
site;
(c) The results, including special-status species present on the site, if any, and a discussion of
impacts (including wildlife corridors) and mitigation, as necessary; and
(d)The appropriate regulatory requirements and necessary permits, if any.
(Biological Assessment)
The proposed project is located in area with potential for several federally listed species to
occur. If federally listed species are found to be present at the project site based on focused
surveys, a Biological Assessment (BA) shall be developed for the proposed project. The BA
shall conform to the Caltrans SER and the current BA template and shall be used for initiation
of formal consultation with USFWS by Caltrans under Section 7 of the federal Endangered
Species Act. The BA shall identify what the probable impact will be on federally listed species
from constructing the proposed project. Formal consultation shall be initiated when the BA is
completed. Consultation, led by Caltrans is anticipated to conclude within 90 days, at which
time USFWS have 45 days to complete the Biological Opinion. It is assumed that the BA shall
cover up to four federally listed species, and the finding of the BO will not result in a jeopardy
determination. It is assumed that attendance at up to four (4) meetings by the ICF Project
Manager and project biologist will be attended related to the BA.
Deliverables: Screencheck NES (5 copies), Draft NES (5 copies), Final NES for concurrence
(5 copies), Final approved NES (5 copies), Screencheck BA (5 copies), Draft BA (5 copies),
Final BA for concurrence (5 copies for Caltrans and 3 for USFWS), Final approved BA (5
copies for Caltrans and 3 for USFWS)
Task 3.9 Wetland and Jurisdictional Delineation and Assessment
Qualified ICF regulatory specialists shall perform a jurisdictional delineation for areas under the
following types of aquatic resource jurisdiction: Sections 404 and 401 of the Clean Water Act
("waters of the U.S." including wetlands), Sections 1600 — 1624 of the California Fish and
Game Code ("Lake or Streambed Alteration Program"), and the Porter-Cologne Water Quality
Control Act ("waters of the state'). The Whitewater River channel and surrounding areas shall
be examined to characterize and quantify jurisdictional features. Clean Water Act jurisdiction
shall be documented assuming that a preliminary jurisdictional determination will be submitted,
requiring approval from the USACE.
As relevant, work shall include data sampling for indicators of an Ordinary High Water Mark
(OHWM) and completion of OHWM data forms, and data sampling for wetlands and
completion of Arid West Region Wetland Determination forms. Work shall not include
functional or condition assessment (e.g., California Rapid Assessment Method).
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
ICF shall prepare a Jurisdictional Delineation (JD) Report documenting the results of the field
work and analysis conducted as part of the jurisdictional delineation (Task 1a) shall be
presented in a letter report documenting methods and results, with accompanying exhibits
(including, vicinity, location, project limits, and jurisdictional features). This report shall be used
to determine permitting required for Sections 404 and 401 of the CWA and Sections 1600-
1624 of the California Fish and Game Code.
Deliverables: Screencheck JD Report (5 copies), Draft JD Report (5 copies), Final JD Report
for concurrence (5 copies), Final approved JD Report (5 copies)
Task 3.10 Visual Impact Assessment
Consultant's team member, Terra Nova shall proceed with a stepped approach to visual
impact assessment, first preparing a Scenic Resources Evaluation as permitted in the Caltrans
SER. If the assessment is required to go to the next level, this work shall be rolled into the
preparation of Visual Impact Assessment and shall include visual simulations of the new
bridge. For step two, Terra Nova shall contract for and manage preparation of four (4)
computer-generated high-resolution visual simulation studies of the proposed bride design,
establishing viewshed analyses and locations with City and Caltrans staff. Two rounds of
revisions are anticipated. Simulations shall use elevation data flown topography of the wash,
existing bridge and surrounding lands, and the new bridge addition shall be modeled based on
design data provided by project engineers. The Visual Impact Assessment Report shall be
prepared in conformance with the FHWA VIA Guidelines and shall incorporate visual
simulations and other exhibits. The computer-generated visual simulations shall also be
suitable for and shall enhance public presentations and public hearings
Deliverables: Scenic Resources Evaluation, Visual Impact Assessment (FHWA/Caltrans
compliant), Four(4) visual simulations and Visual Impact Assessment Report
Task 3.11 Community Impact Assessment
Consultant's team member, Terra Nova shall prepare a Community Impact Assessment (CIA)
for the proposed bridge project in accordance with the Caltrans Environmental Handbook,
Volume 4. The CIA shall address potential social and economic impacts to the community from
the proposed Project and shall describe the existing social and economic environment within
the specified study area and the projects as a result of its implementation "to provide
documentation of the current and anticipated social environment of a geographic area with and
without action." The potential impacts to be addressed those that are raised by the community
or those that may be reasonably anticipated by the project development team, including
mobility, safety, employment effects, relocation, and noise. Section 1 of the CIA shall include
the background and project description and define the study area. Section 2, Setting, shall
describe the existing social, economic and demographic setting within the study area, including
land use, development trends, applicable land use plans, as well as adopted goals and
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
policies; regional and local population and housing characteristics and attitudes toward the
project; regional and local economic conditions, including employment and income, business
activity, and fiscal conditions; and community facilities and services. Section 3 shall discuss
impacts to the regional and local economy, including the immediate neighborhood and
households in the project area and vicinity, as well as local businesses, housing values,
community services and other elements of the community. Section 4 sets forth avoidance and
minimization measures to offset the potential impacts described in Section 3.
Deliverables: Community Impact Assessment Report
Task 3.12 Cultural Resources Study(ASR/HPSR/APE)
The proposed project improvements shall be subject to compliance with Section 106 of the
National Historic Preservation Act. This requires consideration of potential project effects to
historic properties including archaeological and historical resources listed in or eligible for
listing in the National Register of Historic Places according to criteria listed in 36 CFR800.
Caltrans administers Section 106 compliance on behalf of FHWA and requires that
documentation conform to specifications contained in Caltrans Standard Environmental
Reference. As of January 1, 2004, cultural resource studies must be prepared and processed
in accordance with the Programmatic Agreement among the Federal Highway Administration,
the Advisory Council on Historic Preservation, the California State Historic Preservation
Officer, and the California Department of Transportation Regarding Compliance with Section
106 of the National Historic Preservation Act, as it Pertains to the Administration of the
Federal-Aid Highway Program In California.
Consultant's team member, ICF shall conduct a records search at the Information Center of
the California Historical Resources Information System and through the Sacred Lands File at
the Native American Heritage Commission. This records search shall consult California's
database of previous studies and previously recorded sites within the proposed project area
and within a 1.0-mile radius, per Caltrans guidelines. Historic maps and photographs shall also
be reviewed, if available. ICF shall establish an Area of Potential Effect (APE) map in
consultation with the City and Caltrans for obtaining Caltrans approval. The map shall provide
the survey boundaries for cultural resources to be evaluated during project studies. The APE
map shall be based on the total anticipated disturbance footprint associated with project
activities (e.g., road improvement construction, staging areas, detours, drainage facilities, and
parcels containing impacted structures, if any). ICF shall also contact the Native American
Heritage Commission and consult with Native American groups and other interested parties to
request information regarding the types of potential cultural resources in the study area.
Consultation shall be conducted in accordance with appropriate and current state and federal
regulations.
Following completion of the record search/review, ICF shall conduct a field survey of the APE
for archaeological resources. It is assumed that the access for conducting the surveys will be
granted by the property owners based on the right of entries secured by OPC. This scope of
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
work assumes that any archaeological sites identified in the APE will be exempt under the
Section 106 PA and that no DPR forms, testing, and/or evaluation shall be required. It is
anticipated that an Archaeological Survey Report (Finding of No Archaeological Resources
Present) shall be prepared.
In addition, an ICF qualified architectural historian shall conduct a field survey of the proposed
project area to record buildings, structures, and historic features through photography and
written descriptions. If buildings are substantially altered or are less than 50 years old, a
qualified architectural historian can exempt them from further evaluation in accordance with the
Section 106 PA. It is assumed that no historic resources will be identified that require
evaluation. Furthermore, it is assumed that no resources (archaeological or historic) will be
identified that are eligible for listing on the National Register of Historic Places or the California
Register of Historical Resources.
Because the project is located partially on Tribal lands, coordination with the Tribal Historic
Preservation Officer (THPO) will be required. This coordination is lead by Caltrans as the
federal lead agency; as required by current regulations. However, as ICF have done in the
past, ICF shall provide all information necessary to assist Caltrans in this coordination and for
obtaining concurrence from the THPO regarding the cultural documentation that is prepared.
Following completion and approval of the APE and detailed reports discussed above, a
summary document (the HPSR) shall be generated in accordance with Caltrans/FHWA
standards for Section 106 compliance with the National Historic Preservation Act (NHPA). No
additional effort or documentation (physical testing, Finding of Effect, Memorandum of
Agreement, etc.) are assumed under this scope of work.
Deliverables: Screencheck HPSR (including APE map and ASR) (5 copies), Draft HPSR
(including APE map and ASR) (5 copies), Final HPSR (including APE map and ASR) for
concurrence (5 copies), Final approved HPSR (including APE map and ASR) (5 copies)
(Paleontological Requirements)
Paleontological requirements are primarily related to CEQA. As the CEQA lead agency it is
assumed that the City will not request a paleontological report. For the project a
paleontological records search will be conducted. If paleontological sensitivity is present then
the need for a monitor during construction will be addressed and incorporated into the
Environmental Commitments Record for the project. No separate report or additional effort
related to paleontological resources is anticipated.
END OF PHASE 1A LIMITED PA/ED PHASE SERVICES
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Phase 1 B — Full Project Approval and Environmental Document (PA&ED)
Task 1.0 - Project Management
Task 1.1 Project Administration and Project Controls
Consultant's project administration procedures are generally outlined as follows: Upon receipt
of a formal Notice-To-Proceed (NTP) for the project, a project-specific work plan shall be
developed to strategize the team resources and detailed assignments. A cost proposal with a
Work Breakdown Structure (WBS) shall be finalized for cost negotiation for the contract.
Consultant's work plan shall typically consist of the following items - detailed scope of services;
deliverables; schedule; task budget; agency contacts; team member contacts and
responsibility of team design disciplines; and project-specific requirements. Consultant's
general project administration task shall include management and coordination between the
City, the Consultant Team, and other stakeholders. Project administration shall be conducted
to ensure timely progress reporting and billing, accurate project record keeping, monitoring of
costs, progress, deliverables and adherence to quality standards. Internal project coordination
meetings shall be conducted monthly through office meetings, conference calls and exchange
of emails, to maintain good project communication. The Project Development Team (PDT)
meetings shall be kept purposeful and concise.
Schedule Control: During the project development, Consultant shall ensure that the schedule
adheres to all contractual requirements. The schedule shall be constantly updated. Consultant
shall work closely with the City for the delivery requirements.
Document Control: All in-coming and out-going design and correspondence materials shall be
logged, and filed according to a project-specific document control system.
Accounting and Invoicing Procedures: Consultant shall follow general City and Caltrans
accounting and billing requirements. All man-hours, direct and indirect costs shall be tracked.
Cost Control: Project costs shall be verified on a monthly basis. Cost-to-date, estimated actual
percent completed, and estimated budget to complete by individual task at each invoicing
period shall be documented.
Deliverables: monthly invoices and progress reports, schedules updates and document logs
Task 1.2 Meetings and Coordination
This task shall include general management and coordination among the City, CNS Team,
jurisdictional agencies, and other key stakeholders. Project meetings shall be conducted to
maintain good project communication in purposeful and concise meetings. Project coordination
shall be established by frequent progress review meetings or conference calls. Project
Development Team (PDT) meetings in the City Hall or by conference calls shall be conducted.
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
A meeting agenda shall be prepared in advance. All action items listed in the meeting minutes
shall be reviewed in every meeting. Other typical procedures including preparing monthly
progress reports; establishing design criteria; posting project issues to all individuals;
conducting biweekly progress review for all engineering plans and reports; mitigating all
independent check and review comments; clearing communication lines to maintain the project
schedule.
The fee for Phase 1B has been established based on an additional ten (10) progress review
meetings to complete the PANED Phase. Project Manager and appropriate key task managers
shall attend the meetings as follows: CNS — 10 meetings; ICF — 10 meetings; AEI-CASC — 3
meetings; MSA—6 meetings; DEA— 0 meetings; Terra Nova— 0 meetings; KOA—0 meetings;
OPC—0 meetings.
Deliverables: meeting agendas, meeting minutes, and coordination memorandums
Task 1.3 Quality Assurance and Quality Control
Consultant shall provide Quality Control and Quality Assurance (QC/QA) for all project
documents and plans to ensure that the project moves forward to delivery as quickly as
possible. Upon notice to proceed, the QC/QA procedures shall be clearly outlined for the
project team. These procedures shall include checklists for plan preparation, a-file sharing
procedures and document controls, and independent reviews by senior staff. Consultant shall
review the design documents to make sure that the design is consistent with the funding
requirements so that the review and approval process is expedited. Consultant shall make
sure all right-of-way acquisitions; easements; and utility relocation for the project are
reasonable and efficient.
Deliverables: Quality Control and Quality Assurance Plan
Task 2 — Full Preliminary Engineering
Task 2.1 Preliminary Channel Improvements Plans
Consultant's team member, AEI-CASC shall review and identify the extent of channel
improvements and scour protection measures required for the project. AEI-CASC shall perform
preliminary channel design showing proposed grades, modifications to the existing channel
walls near and through the bridge abutments, access ramps and scour protection (if
necessary).
Deliverables: Preliminary Channel Improvement Plans
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Task 2.2 Conditional Letter of Map Revision (CLOMR)
Upon approval of the Floodplain, Bridge Hydraulics and Sediment Transport Analyses (Task
2.14) and Preliminary Channel Improvement Plans (Task 2.15), Consultant's team member,
AEI-CASC shall prepare a Conditional Letter of Map Revision (CLOMR) report for submittal to
the City of Palm Springs, RCFC&WCD and FEMA.
Deliverables: CLOMR
Task 2.3 Bridge Type Selection Study
Based on the final approved roadway geometric approval drawings for the preferred
alternative, Consultant shall prepare preliminary bridge design at 30% design level, conduct
seismic analyses and develop a bridge type selection report in accordance with Caltrans
standards. This step shall be completed before extensive bridge design work for future final
PS&E is performed. The most two feasible and cost-effective structure options shall be
evaluated. Consultant shall evaluate seismic performance of the preferred structure option to
satisfy State's Seismic Design Criteria. The bridge type selection report shall include a vicinity
map, bridge general plans, foundation plans, a design memorandum, bridge aesthetic
requirements, staging plans, cost estimates and other pertinent project information needed to
determine the proper structure type. A draft bridge type selection report shall be prepared for
City and Caltrans Structures Local Assistance's (SLA's) review and comments. A type
selection meeting, if required by Caltrans, shall be conducted to discuss the preferred structure
option. A final bridge type selection report shall be issued for Value Analysis Study (Task 2.3)
and final design (future phase).
Deliverables: draft and final Bridge Type Selection Reports
Task 2.4 Project Report (Equivalent)
Based on the results of engineering and environmental studies, Consultant shall prepare a
Project Report (equivalent) to summarize the engineering findings and recommendations, and
the required environmental mitigations to secure federal funds for the future phases of the
project. Contents of the PR (equivalent) shall follow applicable Caltrans standards, and shall
generally include executive summary, project background, need and purpose, reference of
design standards, transportation and/or safety problems, traffic data, proposed improvements,
roadway geometrics and alternatives, channel hydraulics, utilities, right of way acquisitions and
easements, structure information, environmental studies, cost estimate breakdown,
scheduling, agencies involved, proposed funding, list of applicable attachments, project
development team etc.
Deliverables: draft and final Project Report(equivalent)
Exhibit"A"
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EXHIBIT "A"
SCOPE OF SERVICES
Task 2.5 Value Analysis Study
Consultant's team member, Value Management Strategies, Inc. (VMS) shall conduct Value
Analysis (VA) study following the Caltrans VA methodology as outlined in the Chapter 19,
"Value Analysis" of the Project Development Procedures Manual (PDPM) and detailed in the
latest Caltrans VA Team Guide and Report Guide. VA studies shall identify and evaluate
alternative project solutions and provide recommendations to the City. Key engineering team
members shall attend the VA meetings for briefing and shall respond to the comments and
revise the engineering drawings, if necessary, to finalize the study.
Deliverables: draft and final Value Analysis Study reports
Task 3— Full Environmental Document (CEQA/NEPA)
Task 3.1 Public Hearing
For Phase 1 B, it is assumed that attendance at one Public Hearing with the City Council shall
be required. Consultant and Consultant's team member ICF's PM shall attend the Public
Hearing and shall provide project information, if needed. Consultant shall provide required
boards for the meetings.
Deliverables: attendance at Public Hearing and implementing comments in the environmental
studies
Task 3.2 Draft Combined Environmental Document (IS/EA)
For this scope, it is assumed that the appropriate document for the proposed project would be
an Initial Study/Environmental Assessment/Mitigated Negative Declaration/Fining of No
Significant Impact (IS/EA/MND/FONSI). It is assumed that the EA will not be a Complex EA.
The IS/EA format to be used shall follow the annotated outline for combined IS/EAs included
on Caltrans SER at the time that the IS/EA document is initiated.
It is assumed that only minor comments will be received on the second Draft IS/EA/MND and
that those revisions would be made and the Final Draft IS/EA/MND would be approved by the
City and Caltrans for public availability with no further comment. To reduce iterations of the
document, ICF shall conduct a revision workshop with the City and Caltrans to facilitate
completion of the document following the review of the second Administrative Draft and the
second NEPA QC review, if comments still remain after either of these reviews.
Deliverables: (8 copies to Caltrans and 2 copies to the City): Screencheck Draft IS/EA/MND,
External QC Form, Environmental Document Review Checklist, Administrative Draft
IS/EA/MND, Comment/Response Matrix, External QC Form, Environmental Document Review
Checklist, Draft IS/EA/MND, Comment/Response Matrix, External QC Form, Environmental
Document Review Checklist, Draft IS/EA/MND (2), Comment/Response Matrix, External QC
Exhibit"A"
Page 25 of 31
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EXHIBIT "A"
SCOPE OF SERVICES
Form, Environmental Document Review Checklist, Final Draft IS/EA/MND,
Comment/Response Matrix, External QC Form, Environmental Document Review Checklist
Task 3.3 Bureau of Indian Affairs Consultation & NEPA Clearance
The proposed project is partially located on Native American lands. At the outset of the project
a meeting shall be conducted with the Tribe, in coordination with the City and Caltrans, to
determine the level of involvement the Tribe would like to have in the environmental document
review and approval process. It is assumed that the Tribe will be minimally involved in the
review and approval process and will be a signatory on the environmental document. It is
assumed that the Draft IS/EA/MND shall be submitted to the Tribe twice (once for review and
once for concurrence); these shall coincide with the Final Draft IS/EA/MND, and Final Draft
submittals. For the Final IS/EA/MND it is assumed that the Tribe will have one review and a
concurrence review. This task also includes attending two (2) meetings total with the Tribe to
be attended by the ICF Project Manager. If the Tribe requests more detailed involvement with
the project or if additional meetings are required (or attendance by technical specialists is
required)then this would be considered out of scope effort.
Deliverables: Final Draft IS/EA/MND (two copies to the Tribe), Final Draft IS/EA/MND/FONSI,
Comment/Response Matrix, (two copies to the Tribe)
Task 3.4 Circulate Draft Environmental Document and Respond Comments
Prior to public availability, Consultant's team member, ICF shall prepare a public distribution
list in consultation with and for approval by the City and Caltrans. The teams' right-of-way
consultant (OPC) shall provide the names and addresses of all property owners and
residences within 500 feet of the proposed project. In addition, ICF shall prepare a combined
Notice of Availability and Notice of Opportunity for Public Hearing (NOA/NOPH) in accordance
with Caltrans requirements; along with a Notice of Completion (NOC) for filing with the State
Clearinghouse. It is assumed that the NOA/NOPH shall be developed in English and Spanish.
The NOA/NOPH must be published in a local newspaper of public circulation (both English and
Spanish) and filed with the Riverside County Clerk. ICF shall coordinate publishing the notice
in both newspapers but it is assumed that the cost of publication will be the responsibility of the
City and will be paid by the City directly to the newspapers. The Draft IS/EA/MND shall require
a 30-day public review period.
For the proposed level of environmental documentation (IS/EA/MND/FONSI) there is no legal
requirement for holding a public meeting or hearing, however, the notice that is prepared and
published for the proposed project shall offer the opportunity to request a public hearing. This
scope and cost assumes that no public hearing will be requested or conducted; however, it is
assumed that a public information meeting would be conducted during the availability period.
ICF shall work closely with the City to facilitate one public information meeting during the public
availability period. ICF shall discuss the details of the approach to the meeting with the City to
ensure that ICF operates according to the City's desires and within an approved format; in
Exhibit"A"
Page 26 of 31
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EXHIBIT "A"
SCOPE OF SERVICES
addition to coordinating with Caltrans. ICF's project manager, environmental lead, and one
additional staff shall attend the public information meeting. Materials provided by ICF shall
include sign-in sheets and comment cards. Consultant shall prepare and provide graphic
boards depicting the proposed project layout and features. It is assumed that the City will
secure a meeting location. The comments received at the meeting shall be addressed in the
Final environmental document.
The Draft environmental document and NOC will be submitted to the State Clearinghouse. It
is assumed that the technical studies will not be included in the availability but copies will be
available if requested by anyone during the public availability period. Hardcopies of the
document and NOA/NOPH shall be provided to the availability locations (Caltrans, City,
libraries), CDs containing the document and a hard copy of the NOA/NOPH will be provided to
other agencies and officials included on the distribution list (and anyone else who specifically
requests a copy of the document), and a copy of the NOA/NOPH shall be provided to property
owners and residences within a 500-foot radius of the proposed project.
At the close of the public availability period for the Draft IS/EA/MND, ICF shall review and
respond to all comments received. In addition, ICF shall attend a meeting with City and
Caltrans staff to review any written comments on the Draft IS/EA/MND that were received and
to discuss potential responses to these comments, if the comments received warrant such a
meeting. The responses to comments shall be forwarded to the City and Caltrans for review
and approval prior to making any changes to the IS/EA/MND, if the comments received are
substantial enough to warrant this process. It is assumed that no comments requiring new
analyses or substantial revisions to existing analyses, or requiring input from legal counsel, will
be received.
Deliverables: Scoping meeting materials (fact sheet, sign-in sheets, comment cards, meeting
notice), Draft and Final NOA/NOPH (assumed to be transmitted electronically with no hard
copies), 200 copies of the NOA/NOPH, 25 hard copies and one electronic (pdf) Draft IS/MND
for availability (including the 15 copies for submittal to the State Clearinghouse), 50 cds
containing the Draft IS/MND for distribution, Response to Comments (to be included in each
submittal of the Final environmental document)
Task 3.5 Final Environmental Document (MND/FONSI)
Upon approval of the responses to comments by the City and Caltrans, if warranted,
Consultant's team member, ICF shall revise the IS/EA/MND to respond to the comments, to
document the circulation period and coordination, and if any changes to the project have
occurred. Also, included shall be a Draft Finding of No Significant Impact (FONSI), if requested
by Caltrans (based on recent experience in District 8 the District has been preparing the
FONSI). ICF shall submit the Screencheck Final IS/EA/MND/FONSI to the City and Caltrans
for review. Along with the Screencheck Final IS/EA/MND/FONSI, the external QA/QC form and
environmental document checklist shall be prepared and submitted. The QA/QC form and
checklist are assumed to be included with each submittal. Following the incorporation of one
Exhibit"A"
Page 27 of 31
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EXHIBIT "A"
SCOPE OF SERVICES
set of comments from the City and Caltrans a Draft Final IS/EA/MND/FONSI shall be prepared
and submitted to the City and Caltrans along with a response to comments document for
concurrence and for conducting the NEPA QC review. Following the Caltrans NEPA QC
review the Final IS/EA/MND/FONSI shall be prepared and submitted to the City and Caltrans
for review and approval. It is assumed that no additional comments will be received.
Deliverables: Screencheck Final IS/EA/MND/FONSI, Draft Final IS/EA/MND/FONSI (1), Draft
Final IS/EA/MND/FONSI (2) for approval/concurrence, Final IS/EA/MND/FONSI
Task 3.6 File Notice of Determination (CEQA)
Consultant's team member, ICF shall prepare the Notice of Determination (NOD) in
compliance with CEQA for review by the City. ICF shall file the NOD with the Office of Planning
and Research (OPR). The NOD shall also be posted with the Riverside County Clerk. This
notice starts a statute of limitation period under CEQA. ICF shall utilize the NOD format, as
available from OPR. Along with the NOD a California Department of Fish and Game (CDFG)
filing fee would also be filed along with a Notice of FONSI Availability.
Deliverables: Draft and Final NOD and Notice of FONSI availability; Fish and Game filing fee
(paid by the City)
Task 3.7 Publish Notice in Federal Register
Consultant's team member, ICF shall prepare a notice for publication in the Federal Register
by FHWA to start the NEPA statute of limitations. This notice shall be prepared in compliance
with the SER and it is assumed that a Draft and Final version of the notice will be prepared and
that coordination and publication of the notice will be the responsibility of Caltrans and FHWA.
Deliverables: Draft and Final Federal Register Notice
Task 3.8 ACOE Section 404 Permit and NEPA Clearance / EPA & SWRCB Section 401
Water Quality Certifications/CDFG 1602 Streambed Alteration Agreement
It is assumed that the proposed project will require a Section 404 Nationwide permit, a Section
1602 Streambed Alteration Agreement, and a Section 401 Water Quality Certification. The
tasks associated with obtaining these permits are outlined below. It is further assumed that a
Habitat Mitigation and Monitoring Plan (HMMP)will not be required.
(Pre-Application Consultation with Agencies)
ICF shall initiate contact with the concerned agencies (USACE, CDFG, and the Regional
Water Quality Control Board) to provide preliminary project information, solicit concerns, and
discuss the requirements and timing associated with the regulatory permits. All effort shall be
made to conduct the pre-application consultation at a project site meeting. However,
Exhibit"A"
Page 28 of 31
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EXHIBIT "A"
SCOPE OF SERVICES
depending upon resource agency staff workload and availability, such contact may consist of a
project team conference call or written communication. It is assumed that two meetings and
additional teleconferencing will be required.
(USACE Section 404 Nationwide Permit Notification)
It is assumed that impacts to federal jurisdictional waters will be less than 0.50 acre and that a
USACE Nationwide Permit Program (NWP) shall be the appropriate permit. This approach is
expected to involve authorization under NWP 14.
It should be noted that if areas meeting the federal three-parameter definition of a wetland are
concluded to present at the project site, these areas would be designated as a Special Aquatic
Site, under U.S. Army Corps of Engineers (USACE) 2007 Los Angeles District Regional
Condition 2. This is not assumed in this scope of work.
If project impacts to jurisdictional waters exceed the USACE NWP thresholds, were to impact a
Special Aquatic Site, or if the District Engineer determines that the project would result in a
significant adverse impact to the aquatic environment, then an Individual Permit (IP) would be
required. If an individual permit is required then a separate scope for this permit will be
submitted to the City for review and approval prior to initiating this work. Based on a
preliminary review of the project site this is not anticipated or assumed in this scope of work.
The request for Nationwide Permit(NWP) generally includes:
1. Detailed description of the proposed project, including grading plans provided by the
Applicant.
2. Detailed description of the jurisdictional areas to be impacted by the proposed project.
(This is generally accomplished by submittal of the delineation report.)
3. Discussion of approvals and certifications being obtained from other federal, state, or local
agencies.
4. Conceptual Restoration plan, if appropriate.
5. The Streambed Alteration Notification package submitted to the California Department of
Fish and Game(CDFG).
6. The request to the Regional Water Quality Control Board (RWQCB) for water quality
certification (or a waiver thereof).
7. The request to the State Historical Preservation Office (SHPO) for information regarding
the potential presence of historical properties and the cultural resource report submitted to
the Applicant in response, if appropriate.
8. The request to the USFWS for a list of all sensitive species potentially present in the project
site and the special-status species survey report submitted to the Applicant in response.
Consultant's team member, AEI-CASC shall provide the necessary technical services for the
various drainage alternatives in support of the USACE Section 404 Permit and NEPA
Clearance. AEI-CASC shall provide preliminary exhibits (11" X 17" sheets), calculations of
Exhibit"A"
Page 29 of 31
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EXHIBIT "A"
SCOPE OF SERVICES
impact areas, and drainage technical review of the description of the various alternatives. It is
assumed that a maximum of 5 alternatives will be required.
(Habitat Mitigation Monitoring Plan (HMMP))
A Habitat Mitigation Monitoring Plan (HMMP) is not assumed to be required or prepared as
part of the permitting process.
(U.S. EPA and SWRCB Section 401 Water Quality Certification Notification)
As the proposed project involves lands owned by the Agua Caliente Band of Cahuilla Indians,
impacts subject to Section 401 of the federal Clean Water Act (CWA) taking place on Tribal
land would be regulated by the U.S. Environmental Protection Agency (EPA). Impacts within
the City of Palm Springs portion of the project site would be regulated by the State Water
Resources Control Board (SWRCB). A written request for 401 notification water quality
certification shall be prepared and submitted to the EPA and SWRCB for review. Upon formal
notification, an agreement should be forthcoming within 60-90 days of completion of the CEQA
process or application submission, whichever occurs latest.
The request shall include a detailed project description, a description of proposed impacts,
identification of project-specific BMPs, the CEQA Notice of Determination, and a completed
notification form.
(CDFG 1602 Streambed Alteration Agreement)
A §1602 Streambed Alteration Notification shall be prepared and submitted to CDFG for
review. The request shall include a detailed project description, a description of proposed
impacts, the CEQA Notice of Determination, and completed notification forms.
(Coordination of Processing)
The resource agency notifications shall be coordinated with USACE, RWQCB, and CDFG
throughout processing to ensure that any potential issues are made known to the project team
and resolved at the earliest possible opportunity. If additional coordination efforts beyond what
can be reasonably expected are required due to unforeseen complications related to permitting
activities or difficulties in locating appropriate mitigation sites, if required, then this will be
communicated to the City and a scope will be provided for approval for this additional effort.
(Mitigation Requirements)
At this time it cannot be known what on- or off-site mitigation will be required for the project. If
mitigation requirements involve additional effort such as additional reports, planting activity,
maintenance, monitoring, and/or any other activities, then it is assumed that a separate scope
will be submitted to the City for approval prior to conducting this work. It is assumed that any
Exhibit"A"
Page 30 of 31
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EXHIBIT "A"
SCOPE OF SERVICES
cost associated with these activities would be paid by the City directly to whoever performs this
work.
(Permit Application Fees)
Any permit application fees would be submitted by the City and are not included in this scope
and cost.
Deliverables: 401 Water Quality Certification application, 404 Permit application; 1602
Streambed Alteration Agreement application
END OF EXHIBIT "A"
Exhibit"A"
Page 31 of 31
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the following to Section 2.0, Compensation:
Section 2.5, Cost Principles. Consultant agrees that the Contract Cost Principles and
Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq.,
shall be used to determine the allowability of cost individual items. Consultant also agrees to
comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments. Any
costs for which payment has been made to Consultant that are determined by subsequent
audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by Consultant to the City.
Add the following to Section 2.0, Compensation:
Section 2.6, General Compliance with Laws and Wage Rates. Consultant warrants that its
cost proposal, approved by City and identified on the Schedule of Compensation as set forth in
Exhibit "E", complies with all federal, state and local laws and ordinances applicable to the
work, including compliance with prevailing wage rates and their payment in accordance with
California Labor Code, Section 1775.
Add the following to Section 4.0, Coordination of Work:
Section 4.5, Subcontracting. Any subcontracts or contractual arrangements ("subcontracts")
between the Consultants and other parties ("subcontractors") entered into in the performance
of this Agreement to which the City is not named shall include all applicable provisions of this
Agreement and the Consultant shall require that its subcontractors thereby comply with all
such applicable provisions.
Add the following two paragraphs to Section 7.5, Audit and Inspection of Records:
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title
21, California Code of Federal Regulations, Chapter 21, Section 2500 et seq., when applicable
and other matters connected with the performance of the contract pursuant to Government
Code 8546.7; the Consultant, subcontractors, and the City shall maintain all books,
documents, papers, accounting records, and other evidence pertaining to the performance of
the contract, including but not limited to, the costs of administering the contract. All parties
shall make such materials available at their respective offices at all reasonable times during
the contract period and for three years from the date of final payment under the contract. The
state, the State Auditor, City, FHWA, or any duly authorized representative of the federal
government shall have access to any books, records, and documents of the Consultant that
are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies
thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this
provision.
Exhibit"B"
Page 1 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Any dispute concerning a question of fact arising under an interim or post audit of this contract
that is not disposed of by agreement, shall be reviewed by the City's Chief Financial Officer.
Not later than 30 days after issuance of the final audit report, the Consultant may request a
review by the City's Chief Financial Officer of unresolved audit issues. The request for review
will be submitted in writing. Neither the pendency of a dispute nor its consideration by the City
will excuse the Consultant from full and timely performance, in accordance with the terms of
this contract.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.9, Covenant Against Contingent Fees. The Consultant warrants, by execution of
this contract that no person or selling agency has been employed, or retained, to solicit or
secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, except bona fide employees, or bona fide established
commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract
without liability; pay only for the value of the work actually performed, or in its discretion to
deduct from the contract price or consideration, or otherwise recover the full amount of such
commission, percentage, brokerage, or contingent fee.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.10, Patent Rights. This agreement includes herein by reference applicable patent
rights provisions described in 41 CFR 1-91 regarding rights to inventions.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.11, Endorsement. The responsible consultant/engineer shall sign all plans,
specifications, estimates (PS&E) and engineering data furnished by him/her, and where
appropriate, indicate his/her California registration number.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.12, Disadvantaged Business Enterprise (DBE) Requirements.
The City has established an Underutilized DBE goal for this Agreement of 2.40%.
1. TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business
concern owned and controlled by a socially and economically disadvantaged person(s) as
defined in Title 49, Part 26.5, Code of Federal Regulations (CFR).
• The term "Underutilized Disadvantaged Business Enterprise" or "UDBE." DBE classes that
have been determined in the 2007 Caltrans Disparity Study to have a statistically significant
Exhibit"B"
Page 2 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
disparity in their utilization in previously awarded transportation contracts. UDBEs include:
African Americans, Native Americans, Asian-Pacific Americans, and Women.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or
Consultant.
• The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
• The term "Department" means the"California Department of Transportation" or"Caltrans"
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the
performance of Agreements financed in whole or in part with federal funds (See 49 CFR
26, "Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs"). The Contractor should ensure that DBEs and other small
businesses have the opportunity to participate in the performance of the work that is the
subject of this solicitation and should take all necessary and reasonable steps for this
assurance. The proposer shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and
controlled by DBEs.
3. SUBMISSION OF UDBE AND DBE INFORMATION
A "Local Agency Proposer UDBE Commitment (Consultant Contract)" (Exhibit 10-01) form is
incorporated herein by reference. The Consultant warrants that it has either met the UDBE
goal, or has demonstrated good faith efforts to meet the goal established for the contract. Only
UDBE participation will be counted towards the contract goal; however, all DBE participation
shall be collected and reported. Consultant shall submit a completed Exhibit 10-01 form to
City prior to commencing work.
A "Local Agency Proposer DBE Information (Consultant Contract)" (Exhibit 10-02) form is
incorporated herein by reference. The purpose of the form is to collect data required under 49
CFR 26. For contracts with UDBE goals, this form collects DBE participation by DBEs owned
by Hispanic American and Subcontinent Asian Americans males (persons whose origin are
from India, Pakistan, Bangladesh, Bhutan, Maldives Islands, Nepal or Sri Lanka).
4. DBE PARTICIPATION GENERAL INFORMATION
It is the Consultant's responsibility to be fully informed regarding the requirements of 49 CFR,
Part 26, and the Department's DBE program developed pursuant to the regulations. Particular
attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified
through the California Unified Certification Program (CUCP).
Exhibit"B"
Page 3 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner,
as a vendor of material or supplies, or as a trucking company.
C. A UDBE firm not proposing as a joint venture with a non-DBE, will be required to document
one or a combination of the following:
1. The firm is a UDBE and will meet the goal by performing work with its own forces.
2. The firm will meet the goal through work performed by UDBE subcontractors, suppliers
or trucking companies.
3. The firm, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or
clearly defined portions thereof. Responsibility means actually performing, managing, and
supervising the work with its own forces. The DBE joint venture partner must share in the
capital contribution, control, management, risks and profits of the joint venture
commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a
DBE firm must be responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing and supervising the work.
F. The firm shall list only one subcontractor for each portion of work as defined in their
proposal and all DBE subcontractors should be listed in the bid/cost proposal list of
subcontractors.
G. A firm acting as the prime consultant who is a certified DBE is eligible to claim all of the
work in the Agreement toward the DBE participation except that portion of the work to be
performed by non-DBE subcontractors.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in
the CUCP. If you believe a firm is certified that cannot be located on the database, please
contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.
Firms may call (916) 440-0539 for web or download assistance.
B. Access the CUCP database from the Department of Transportation, Civil Rights, Business
Enterprise Program web site at: hftp://www.dot.ca.gov/hq/bep/.
• Click on the link in the left menu titled Disadvantaged Business Enterprise
• Click on Search for a DBE Firm link
• Click on Access to the DBE Query Form located on the first line in the center of the
page
• Searches can be performed by one or more criteria
• Follow instructions on the screen
C. How to Obtain a List of Certified DBEs without Internet Access
Exhibit"B"
Page 4 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
D. DBE Directory: If you do not have Internet access, Caltrans also publishes a directory of
certified DBE firms extracted from the online database. A copy of the directory of certified
DBEs may be ordered at: http://caltrans-opac.Ga.gov/publicat.htm
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS DBE
CREDIT, AND IF A DBE IS ALSO A UDBE, PURCHASES WILL COUNT TOWARDS THE
UDBE GOAL UNDER THE FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the
cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a
factory, or establishment that produces on the premises the materials, supplies, articles, or
equipment required under the Agreement and of the general character described by the
specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the
cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or
maintains a store, warehouse, or other establishment in which the materials, supplies,
articles or equipment of the general character described by the specifications and required
under the Agreement are bought, kept in stock, and regularly sold or leased to the public in
the usual course of business. To be a DBE regular dealer, the firm must be an established,
regular business that engages, as its principal business and under its own name, in the
purchase and sale or lease of the products in question. A person may be a DBE regular
dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt
without owning, operating or maintaining a place of business provided in this section.
7. STANDARD AGREEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION
1. Subcontractors
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the City and any subcontractors, and no subcontract shall relieve the Consultant
of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully
responsible to the City for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by the Consultant. The Consultant's obligation to pay its
subcontractors is an independent obligation from the Agency's obligation to make
payments to the Consultant.
B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall
contain all the provisions stipulated in this Agreement to be applicable to subcontractors.
C. Consultant shall pay its subcontractors within ten (10) calendar days from receipt of each
payment made to the Consultant by the Agency.
D. Any substitution of subcontractors must be approved in writing by the Agency's Contract
Manager in advance of assigning work to a substitute subcontractor.
2. Disadvantaged Business Enterprise (DBE) Participation
Exhibit"B"
Page 5 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
A. This Agreement is subject to 49 CFR, Part 26 entitled `Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs."
Firms who obtain DBE participation on this contract will assist Caltrans in meeting its
federally mandated statewide overall DBE goal.
B. If the contract has an underutilized DBE (UDBE) goal, the Consultant must meet the UDBE
goal by committing UDBE participation or document a good faith effort to meet the goal. If a
UDBE subconsultant is unable to perform, the Consultant must make a good faith effort to
replace him/her with another UDBE subconsultant, if the goal is not otherwise met. A UDBE
is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following
groups: African Americans, Native Americans, Asian-Pacific Americans, or Women.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to
participate in the performance of agreements financed in whole or in part with federal
funds. The Consultant, sub-recipient or subconsultant shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Agreement. The Consultant
shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration
of US DOT- assisted agreements. Failure by the Consultant to carry out these
requirements is a material breach of this Agreement, which may result in the termination of
this Agreement or such other remedy as the recipient deems appropriate.
D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions
of this section.
3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers
A. A DBE performs a commercially useful function when it is responsible for execution of the
work of the Agreement and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a commercially useful function,
the DBE must also be responsible with respect to materials and supplies used on the
Agreement, for negotiating price, determining quality and quantity, ordering the material,
and installing (where applicable) and paying for the material itself. To determine whether a
DBE is performing a commercially useful function, evaluate the amount of work
subcontracted, industry practices; whether the amount the firm is to be paid under the
Agreement is commensurate with the work it is actually performing; and other relevant
factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of an
extra participant in a transaction, Agreement, or project through which funds are passed in
order to obtain the appearance of DBE participation. In determining whether a DBE is such
an extra participant, examine similar transactions, particularly those in which DBEs do not
participate.
C. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost
of its Agreement with its own work force, or the DBE subcontracts a greater portion of the
work of the Agreement than would be expected on the basis of normal industry practice for
the type of work involved, it will be presumed that it is not performing a commercially useful
function.
Exhibit"B"
Page 6 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
4. Prompt Payment of Funds Withheld to Subcontractors
A. No retainage will be held by the City from progress payments due the prime Consultant.
Any retainage held by the prime Consultant or subconsultants from progress payments due
subconsultants shall be promptly paid in full to subconsultants within 30 days after the
subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that
any delay or postponement of payment over the 30 days may take place only for good
cause and with the City's prior written approval. Any violation of this provision shall subject
the violating prime consultant or subconsultant to the penalties, sanctions and other
remedies specified in Section 7108.5 of the Business and Professions Code. These
requirements shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the prime consultant or subconsultant in the event
of a dispute involving late payment or nonpayment by the prime consultant, deficient
subconsultant performance, or noncompliance by a subconsultant. This provision applies to
both DBE and non-DBE prime consultant and subconsultants.
B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions
of this section.
5. DBE Records
A. The Consultant shall maintain records of materials purchased and/or supplied from all
subcontracts entered into with certified DBEs. The records shall show the name and
business address of each DBE or vendor and the total dollar amount actually paid each
DBE or vendor, regardless of tier. The records shall show the date of payment and the total
dollar figure paid to all firms. DBE prime consultants shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
B. Upon completion of the Agreement, a summary of these records shall be prepared and
submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business
Enterprise (DBE), First-Tier Subcontractors," CEM-2402F (Exhibit 17-F, Chapter 17, of the
LAPM), certified correct by the Consultant or the Consultant's authorized representative
and shall be furnished to the Contract Manager with the final invoice. Failure to provide the
summary of DBE payments with the final invoice will result in 25% of the dollar value of the
invoice being withheld from payment until the form is submitted. The amount will be
returned to the Consultant when a satisfactory "Final Report-Utilization of Disadvantaged
Business Enterprises (DBE), First-Tier Subcontractors' is submitted to the Contract
Manager.
C. Prior to the fifteenth of each month, the Consultant shall submit documentation to the
Agency's Contract Manager showing the amount paid to DBE trucking companies. The
Consultant shall also obtain and submit documentation to the Agency's Contract Manager
showing the amount paid by DBE trucking companies to all firms, including owner-
operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, the
Consultant may count only the fee or commission the DBE receives as a result of the lease
arrangement.
Exhibit"B"
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EXHIBIT "B"
SPECIAL REQUIREMENTS
6. DBE Certification and Decertification Status
If a DBE subconsultant is decertified during the life of the Agreement, the decertified
subconsultant shall notify the Consultant in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant
shall notify the Consultant in writing with the date of certification. Any changes should be
reported to the City's Contract Manager within 30 days
Materials or supplies purchased from DBEs will count towards DBE credit, and if a DBE is also
a UDBE, purchases will count towards the UDBE goal under the following conditions:
A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the
materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm
that operates or maintains a factory or establishment that produces on the premises the
materials, supplies, articles, or equipment required under the Agreement and of the general
character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of
the materials or supplies toward DBE goals. A regular dealer is a firm that owns, operates
or maintains a store, warehouse, or other establishment in which the materials, supplies,
articles or equipment of the general character described by the specifications and required
under the Agreement, are bought, kept in stock, and regularly sold or leased to the public in
the usual course of business. To be a regular dealer, the firm must be an established,
regular business that engages, as its principal business and under its own name, in the
purchase and sale or lease of the products in question. A person may be a regular dealer in
such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without
owning, operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers' own distribution equipment, shall be by a long-term lease
agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers,
manufacturers' representatives, or other persons who arrange or expedite transactions are
not regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular
dealer, will be limited to the entire amount of fees or commissions charged for assistance in
the procurement of the materials and supplies, or fees or transportation charges for the
delivery of materials or supplies required on the job site, provided the fees are reasonable
and not excessive as compared with fees charged for similar services.
Exhibit"B"
Page 8 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.13, National Labor Relations Board Certification.
In accordance with Public Contract Code Section 10296, the Consultant hereby states under
penalty of perjury that no more than one final unappealable finding of contempt of court by a
federal court has been issued against the Consultant within the immediately preceding two-
year period, because of the Consultant's failure to comply with an order of a federal court that
orders the Consultant to comply with an order of the National Labor Relations Board.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.14, Statement of Compliance.
The Consultant's signature affixed herein, and dated, shall constitute a certification under
penalty of perjury under the laws of the State of California that the Consultant has, unless
exempt, complied with, the nondiscrimination program requirements of Government Code
Section 12990 and Title 2, California Administrative Code, Section 8103.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.15, Debarment and Suspension Certificate.
The Consultant's signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California that the Consultant has complied with Title 49,
Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies
that he/she or any person associated therewith in the capacity of owner, partner, director,
officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended, debarred,
voluntarily excluded, or determined ineligible by any federal agency within the past three (3)
years; does not have a proposed debarment pending; and has not been indicted, convicted, or
had a civil judgment rendered against it by a court of competent jurisdiction in any matter
involving fraud or official misconduct within the past three (3) years. Any exceptions to this
certification must be disclosed to the City.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.16, Conflict of Interest.
The Consultant shall disclose any financial, business, or other relationship with City that may
have an impact upon the outcome of this contract, or any ensuring City construction project.
The Consultant shall also list current clients who may have a financial interest in the outcome
of this contract, or any ensuing City construction project, which will follow.
Exhibit"B"
Page 9 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or
business interest that would conflict with the performance of services under this agreement.
Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all
of the provisions of this Article.
The Consultant hereby certifies that neither Consultant, nor any firm affiliated with the
Consultant will bid on any construction contract, or on any contract to provide construction
inspection for any construction project resulting from this contract. An affiliated firm is one
which is subject to the control of the same persons through joint-ownership, or otherwise.
Except for subcontractors whose services are limited to providing surveying or materials
testing information, no subcontractor who has provided design services in connection with this
contract shall be eligible to bid on any construction contract, or on any contract to provide
construction inspection for any construction project resulting from this contract.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.17, Rebates. Kickbacks or Other Unlawful Consideration.
The Consultant warrants that this contract was not obtained or secured through rebates,
kickbacks, or other unlawful consideration, either promised or paid to any City employee. For
breach or violation of this warranty, City shall have the right in its discretion; to terminate the
contract without liability; to pay only for the value of the work actually performed; or to deduct
from the contract price or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.18, Prohibition of Exoending Local Agency State or Federal Funds for Lobbying.
The Consultant certifies to the best of its knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by or
on behalf of the Consultant to any person for influencing or attempting to influence an
officer or employee of any state or federal agency; a Member of the State Legislature or
United States Congress; an officer or employee of the Legislature or Congress; or any
employee of a Member of the Legislature or Congress, in connection with the awarding of
any state or federal contract; the making of any state or federal grant; the making of any
state or federal loan; the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any state or federal contract, grant,
loan, or cooperative agreement.
Exhibit"B"
Page 10 of 11
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EXHIBIT "B"
SPECIAL REQUIREMENTS
2. If any funds other than federal appropriated funds have been paid, or will be paid to any
person for influencing or attempting to influence an officer of employee of any federal
agency; a Member of Congress; an officer or employee of Congress, or an employee of a
Member of Congress; in connection with this federal contract, grant, loan, or cooperative
agreement; the Consultant shall complete and submit Standard Form-LLL "Disclosure Form
to Report Lobbying," in accordance with its instructions.
This certification is a material representation of the fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, US Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The Consultant also agrees by signing this document that it shall require that the language of
this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all
such sub recipients shall certify and disclose accordingly.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.19, Eguioment Purchase Provisions.
Prior authorization in writing by the City shall be required before the Consultant enters into any
unbudgeted purchase order or subcontract exceeding $5,000 for supplies, equipment, or
Consultant services. The Consultant shall provide an evaluation of the necessity or desirability
of incurring such costs. For purchase of any item, service or consulting work not covered in
the Consultant's Cost Proposal and exceeding $5,000 three competitive quotations must be
submitted with the request, or the absence of bidding must be adequately justified.
Any equipment purchased as a result of this contract is subject to the following: "The
Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property
is defined as having a useful life of at least two years and an acquisition cost of $5,000 or
more. If the purchased equipment needs replacement and is sold or traded in, the City shall
receive a proper refund or credit at the conclusion of the contract, or if the contract is
terminated, the Consultant may either keep the equipment and credit the City in an amount
equal to its fair market value, or sell such equipment at the best price obtainable at a public or
private sale, in accordance with established City procedures; and credit the City in an amount
equal to the sales price. If the Consultant elects to keep the equipment, fair market value shall
be determined at the Consultant's expense, on the basis of a competent independent appraisal
of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by
the City and the Consultant, if it is determined to sell the equipment, the terms and conditions
of such sale must be approved in advance by the City."
All subcontracts in excess $25,000 shall contain the above provisions.
END OF EXHIBIT "B"
Exhibit"B"
Page 11 of 11
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EXHIBIT "C"
CITY'S REQUEST FOR PROPOSALS
CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE
67
CITY OF PALM SPRINGS, CA
NOTICE FOR REQUEST FOR PROPOSALS (RFP)#01-12
ENVIRONMENTAL SERVICES FOR VISTA CHINO LOW WATER CROSSING BRIDGE
REPLACEMENT AT WHITEWATER RIVER
CITY PROJECT NO. 10-10
FEDERAL AID PROJECT NO. BR-NBIL(513)
NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting proposals from
qualified professional firms to provide the City with environmental services related to the Vista
Chino Low Water Crossing Bridge Replacement at Whitewater River (City Project #10-10),
(hereinafter the "Project'). The selected firm will be expected to provide required professional
services to complete the Project Approval/Environmental Document ("PA/ED") phase of the
Project.
PROJECT LOCATION: Vista Chino across the Whitewater River in Palm Springs, California.
SCOPE OF SERVICES: The scope of work generally includes all professional services
associated with completion of the Project Approval / Environmental Document("PA/ED") Phase.
OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded
via the internet at www.paimspringsca.gov (go to Departments, Procurement, Open Bids &
Proposals), or by calling the Division of Procurement and Contracting, (760) 322-8373. Upon
downloading the RFP via the internet, contact Cheryl Martin, Procurement Specialist I, via email
at Cheryl.Martin@palmspringsca.gov to register as a firm interested in this project. Failure to
register may result in not receiving addenda to the RFP.
EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been
developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that
multiple factors as identified in the RFP will be considered by the Evaluation Committee to
determine which proposal best meets the requirements set forth in the RFP document. PRICE
IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right
to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will
be made by the Palm Springs City Council. The selected firm will be required to comply with all
insurance and license requirements of the City.
DEADLINE: All proposals must be received in the Division of Procurement and Contracting,
3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME,
TUESDAY, AUGUST 30, 2011. The receiving time in the Procurement Office will be the
governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be
accepted. Reference the RFP document for additional dates and deadlines. Late proposals
will not be accepted and shall be returned unopened.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their
proposal shall be valid for a period of 120 calendar days from the due date of proposals.
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/
Assistant City Engineer
RFP#01-12
Page 1 of 12
68
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CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS(RFP) #01-12
ENVIRONMENTAL SERVICES FOR VISTA CHINO LOW WATER CROSSING BRIDGE
REPLACEMENT AT WHITEWATER RIVER
CITY PROJECT NO. 10-10
FEDERAL AID PROJECT NO. BR-NBIL(513)
Requests for Proposals (RFP#XX-XX), for professional services related to the Vista Chino Low
Water Crossing Bridge Replacement at Whitewater River (City Project #10-10) for the City of
Palm Springs, CA, (hereinafter the 'RFP") will be received at the Division of Procurement &
Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL
TIME, TUESDAY, AUGUST 30, 2011. It is the responsibility of the respondent to see that any
proposal sent through the mail, or any other delivery method, shall have sufficient time to be
received by this specified date and time. The receiving time in the Procurement Office will be
the governing time for acceptability of RFP proposals. Telegraphic, telephonic, faxed or
emailed RFP proposals will not be accepted. Late RFP proposals will be returned unopened.
Failure to register as a Respondent to this RFP process per the instructions in the Notice
Inviting Requests for Proposals (under"Obtaining RFP Documents") may result in not receiving
Addenda or other important information pertaining to this process. Failure to acknowledge
Addenda may render a proposal as being non-responsive. We strongly advise that interested
firms officially register per the instructions.
1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from
qualified professional firms to provide the City with environmental phase services related to the
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River(City Project#10-10),
Federal Aid Project No. BR-NBIL (513) (hereinafter the "Project'). The selected firm will be
expected to provide required professional services to complete the Project
Approval/Environmental Document("PA/ED") phase of the Project.
The Project is made possible by funding through the Highway Bridge Program ("HBP") federal
aid program provided through the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users ("SAFETEA-LU"). All federal aid funds programmed on local agency
projects are coordinated through the California Department of Transportation ("Caltrans"), and
the selected firm will be expected to provide all necessary coordination with Caltrans required to
successfully implement the Project through the PA/ED phase.
The selected firm will be required to demonstrate adequate experience coordinating federally
funded projects through Caltrans — District 8 (San Bernardino/Riverside counties), including the
time and personnel commitments required to pursue federal environmental approvals with
Caltrans District 8 staff. Staff from the selected firm assigned to work on this Project must have
relevant experience with Caltrans District 8, including knowledge of and experience with the
Caltrans Local Assistance Procedures Manual and other related guidelines.
RFP#01-12
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SCHEDULE:
Notice requesting Proposals posted and issued .................................Wednesday, July 27, 2011
Deadline for receipt of Questions................................................ Tuesday, August 23, 3:00 P.M.
Deadline for receipt of Proposals..................................Tuesday, August 30,2011, 3:00 P.M.
Short List/Interviews/Technical &Cost Proposals ...........................................to be determined
Contract awarded by City Council..................................................................... to be determined
2. BACKGROUND: In May 2005, the City completed the preparation of a preliminary
bridge Advance Planning Study ("APS") which identified a 2,600 feet long, 22-span
Precast/Prestressed I-Girder Bridge extending across the width of the Vista Chino crossing at
the Whitewater River. The estimated cost of the bridge (in 2005) was $42,500,000. Given the
high cost of the bridge, the City has been pursuing various sources of funding for its
construction. For the last several years, the City has been coordinating with Caltrans to
program funding for construction of a new bridge on Vista Chino across the Whitewater River.
In December 2008 the City submitted a formal request to Caltrans for federal funding under the
Highway Bridge Program ("HBP"). A copy of the City's HBP application is included as
Attachment 1.
On February 24, 2011, Caltrans issued Division of Local Assistance — Office Bulletin 11-02
(DLA-013-11-02), establishing a new Local Assistance Highway Bridge Program, High Cost
Projects Programming Policy and Procedures. A copy of DLA-OB-11-02 is included as
Attachment 2. In consultation with Caltrans, the City's proposed new Vista Chino bridge has
been identified as a candidate High Cost Project, and Caltrans has agreed to allow the City to
proceed with the PA/ED phase only. The final design (PS&E) phase has not been authorized,
pending coordination of a High Cost Project Agreement between the City and Caltrans. The
City will expect the selected Consultant to coordinate approval of a High Cost Project
Agreement for the City, including necessary discussions with the Coachella Valley Association
of Governments ("CVAG") and/or the Riverside County Transportation Commission ("RCTC") to
help secure local funding for Advance-Construction funds that may be required.
This project is officially listed in the 2011 FTIP as Project ID RIV090405. The project description
is listed as: In the City of Palm Springs, replace existing 4-lane water crossing on Vista Chino at
Whitewater River with a new 4-lane bridge (Bridge No. OO1-0052). In the current 2010/2011
fiscal year, a total of$1,000,000 is programmed for the PA/ED phase, funded with $885,000 of
federal HBP funds.
The budget established by Caltrans for the PANED phase is $1,000,000 which includes
budget for City oversight and administration costs. In the event the negotiated fee with
the selected Consultant exceeds the established budget, award of a contract will be
deferred until Caltrans approves programming additional budget authority for the PANED
phase.
As a federally funded project, the Project requires environmental clearance pursuant to both the
California Environmental Quality Act ("CEQA") and the National Environmental Policy Act
("NEPA"). The City is the Lead Agency with regard to CEQA, and the Federal Highway
Administration ("FHWA") has delegated its authority for NEPA to Caltrans. The selected firm
will be required to provide professional services necessary to obtain CEQA and NEPA
approvals. The selected consultant will be required to determine what type of environmental
documents will be necessary to obtain environmental approvals pursuant to CEQA and NEPA
regulations.
RFP#01-12
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70
3. SCOPE OF WORK:
The scope of work generally includes all professional services associated with completion of the
Project Approval / Environmental Document ("PA/ED") Phase. Additionally, the scope of work
will include coordinating preparation and approval of a High Cost Project Agreement with
Caltrans in accordance with DLA-013-11-02. The scope of work will consist of the preparation of
Environmental Documents and Technical Studies and all other related documents and/or
reports to comply with applicable local, state and federal regulations, policies, procedures,
manuals and standards necessary to obtain CEQA/NEPA environmental approvals. Preliminary
engineering (civil and structural engineering design services) shall be provided as necessary to
support the PA/ED Phase, generally limited to preparation of plans representing a 30% level
design.
4. PROPOSAL REQUIREMENTS:
Disadvantaged Business Enterprise (DBE) Requirements:
As this project is funded in part by federal funds, the selected firm's final contract is subject to
applicable provisions of the Caltrans Disadvantaged Business Enterprise (DBE) Program Plan
as it relates to local agencies. The DBE Program Plan is prepared in accordance with U.S.
Department of Transportation (DOT), 49 CFR, Part 26 regulations.
Firms replying to this RFP shall review the Notice to Proposers — Disadvantaged Business
Enterprise Information (Exhibit 10-1), included as Attachment 3 to this RFP. Additionally, firms
should review the Caltrans Local Assistance Procedures Manual ("LAPM"), Chapter 10
"Consultant Selection", to be aware of the Caltrans regulations and requirements if being
selected for the Project. The City will be utilizing the "One Step RFP" process as identified in
the Chapter 10 of the LAPM, which is available on the Caltrans website at:
http://www.dot.ca.gov/hq/LocalPrograms/lam/prog_p/p10consult.pdf.
It is the policy of the City of Palm Springs to ensure that DBE's, as defined in 49 CFR, Part 26,
have an equal opportunity to receive and participate in federal-aid contracts. It is also the City's
policy:
• To ensure nondiscrimination in the award and administration of DOT-assisted contracts.
• To create a level playing field on which DBE's can compete fairly for DOT-assisted
contracts.
• To ensure that the City's annual overall DBE participation percentage is narrowly tailored, in
accordance with applicable law.
• To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted
to participate as DBEs.
• To help remove barriers to the participation of DBE's in DOT-assisted contracts.
• To assist the development of firms that can compete successfully in the market place
outside the DBE Program.
DBE's and other small businesses are strongly encouraged to participate in the performance of
Agreements financed in whole or in part with federal funds (See 49 CFR, Part 26, "Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs'). Firms submitting a proposal in reply to this RFP should ensure that DBE's and
other small businesses have the opportunity to participate in the performance of the work that is
the subject of this solicitation and should take all necessary and reasonable steps for this
RFP#01-12
Page 4 of 12
71
assurance. Firms shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of its subcontracts.
Firms are encouraged to use services offered by financial institutions owned and controlled by
DBE's.
The City of Palm Springs has established an Annual Anticipated DBE Participation Level
(AADPL), which is the level of participation that the City would expect DBEs to achieve in the
absence of discrimination and the effects of past discrimination on federal-aid contracts
awarded by the City in a given Federal Fiscal Year(FFY).
The City of Palm Springs operates under a state-wide DBE Program administered by Caltrans.
Effective February 27, 2009, Caltrans implemented the race-conscious component of its DBE
program. Federal-aid contracts will contain varying percentages of Underutilized
Disadvantaged Business Enterprises (UDBE) participation goals that selected firms will be
required to meet or, alternatively, perform a good-faith effort to meet as a condition of award of
a contract. Under the race-neutral component of the program, Caltrans will continue to
encourage the use of DBEs. Only UDBEs will count toward the contract participation goal.
For Fiscal Year 2010/2011, the City's total DBE participation level is 6.18%. The race neutral
portion is 3.78% and the race conscious portion (UDBE) is 2.40%. Therefore, if the prime
consultant is not a DBE or UDBE firm, and/or if portions of the work required by the Project are
not assigned by sub-contract to DBE or UDBE firms equal to or exceeding the participation
levels, the selected firm will be required to demonstrate that appropriate good faith efforts were
made.
A "Local Agency Proposer UDBE Commitment (Consultant Contracts)" Exhibit 10-01 form and
a "Local Agency Proposer DBE Information (Consultant Contracts)" Exhibit 10-02 form will be
included in the Agreement documents to be executed by the successful firm. A copy of these
forms is included as part of the City's standard Professional Services Agreement (see
Attachment 4). The purpose of these forms is to collect data required under 49 CFR, Part 26.
Even if no DBE participation will be reported, the successful firm must execute and return the
forms.
Firms replying to this RFP are advised to read more about the Caltrans race-conscious DBE
Program by visiting the Caltrans DBE website at:
www.dot.ca._qov/hq/LocalPrograms/DBE CRLC.html.
General Requirements:
The firm's proposal should describe the methodology to be used to accomplish each of the
project tasks. The proposal should also describe the work which shall be necessary in order to
satisfactorily complete the task requirements.
Please note: this RFP cannot identify each specific, individual task required to successfully and
completely implement this project. The City of Palm Springs relies on the professionalism and
competence of the selected firm to be knowledgeable of the general areas identified in the
scope of work and to include in its proposal all required tasks and subtasks, personnel
commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not
approve addenda to the selected firm's agreement which do not involve a substantial change
from the general scope of work identified in this RFP.
RFP#01-12
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Important Note: Firms replying to this RFP must be knowledgeable of the processes and
procedures to obtain CEQA/NEPA environmental approvals through Caltrans District 8. In
submitting a Proposal, firms must recognize that project delays are expected to occur, and the
selected firm will be expected to remain committed to the successful completion of the Project,
despite potential delays related to obtaining NEPA environmental approval of the Project
through Caltrans District 8.
5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based
Selection process to select a firm to provide the services requested by this RFP. The City shall
review the proposals submitted in reply to this RFP, and a limited number of firms may be
invited to make a formal presentation at a future date. The format, selection criteria and date of
the presentation will be established at the time of short listing. Preparation of proposals in reply
to this RFP, and participation in any future presentation is at the sole expense of the firms
responding to this RFP.
6. PROPOSAL EVALUATION CRITERIA: This solicitation has been developed in the
"Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will
consider multiple criteria in selecting the most qualified firm. Consistent with Federal, State and
Local laws for the acquisition of professional services, price is NOT an evaluation criteria. Cost
proposals submitted in separate sealed envelopes are not opened, nor considered during
proposal evaluations. Upon selection of the most qualified firm, the associated cost proposal
will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of
the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project
costs and time requirements. Should successful negotiations not occur with the highest ranked
firm, the City may, at its sole discretion, choose to enter into negotiations with the second
highest ranked firm, and so on.
PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume
this prior work is known to the evaluation committee. All firms are evaluated solely on the
information contained in their proposal, information obtained from references, and presentations
if requested. All proposals must be prepared as if the evaluation committee has no knowledge
of the firm, their qualifications or past projects.
An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all
responsive proposals to this RFP. The Evaluation Committee may request, if desired by City,
formal presentations/interviews from short listed firms at a future date of which the format and
presentation evaluation criteria shall be provided at the time of short listing. Participation in
any phase of this RFP process, including the interview phase if conducted, is at the sole
expense of the firms replying to this RFP. The City shall NOT be responsible for any costs
incurred by any firm in response to, or participation in, this RFP.
Firms are requested to submit their proposals so that they correspond to and are identified with
the following specific evaluation criteria:
A. Project Understanding (25 POINTS):
The firm's proposal adequately demonstrates an understanding of the Project and
familiarity with the project area; familiarity with federally funded projects, related
requirements, and coordinating environmental approvals of federally funded projects
through Caltrans District 8.
RFP#01-12
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73
Note: Firms should not simply restate the information contained in this RFP; this
evaluation criteria requires that the proposal identify "critical issues' to the Project, identify
an approach to resolving any critical issues, and otherwise provide additional information
regarding the Project which supports the firm's ability to perform if selected.
B. Scope of Work(25 POINTS):
Proposed approach to the Project including the expected time commitment of key
personnel, technical approach to the Project, and the emphasis placed individual elements
of the PA/ED phase.
Note: As this RFP has identified a General Scope of Work, evaluation criteria requires
that the proposal identify a detailed scope of work to successfully implement the Project.
The detailed scope of work must be identical to the format in which the Cost Proposal has
been submitted — each sub-task must be identified in the firm's separately sealed Cost
Proposal with a corresponding fee.
C. Staff Qualifications(25 POINTS►:
Qualifications of the staff assigned to manage and provide services related to the Project;
experience with federally funded projects, related requirements, and coordinating
environmental approvals of federally funded projects through Caltrans District 8.
Note: This evaluation criteria requires that the proposal identify specific experience with
federally funded projects coordinated through Caltrans District 8. Relevant experience
must be demonstrated.
D. Firm Qualifications (15 POINTS):
Past experience with projects related to the outlined Scope of Work; experience with
federally funded projects, related requirements, and coordinating environmental approvals
of federally funded projects through Caltrans District 8.
E. Project Schedule (10 POINTS):
Thoroughness and reasonableness of the project schedule with emphasis on processing
requirements through Caltrans District 8; ability to maintain the project within the selected
time frame.
7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that
responses correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 6 above. The proposals must be in an 8 '/2 X 11 format, may be no more than a
total of forty (40) pages (sheets of paper, double sided is OK), including an organization
chart, staff resumes and appendices, and cover letter. NOTE: Dividers, Attachments included
in this RFP to be submitted with the proposal, and Addenda acknowledgments do NOT count
toward the 40 page limit. Interested firms shall submit SIX (6) copies (one marked
"Original" plus five copies) of its proposal by the deadline.
All proposals shall be sealed within one package and be clearly marked, "RFP #01-12,
REQUESTS FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR VISTA CHINO
LOW WATER CROSSING BRIDGE REPLACEMENT AT WHITEWATER RIVER". Within the
sealed proposal package, the Cost Proposal shall be separately sealed from the Work Proposal.
Proposals not meeting the above criteria may be found to be non-responsive.
Each proposal package must include two separately sealed envelopes.
RFP#01-12
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74
Envelope#1, clearly marked "Work Proposal", shall include the following items:
• Completed Signature authorization and Addenda Acknowledgment(see Attachment A)
• Completed Debarment and Suspension Certificate (see Attachment B)
• Technical proposal — describe in detail your approach and understanding of all necessary
tasks and steps involved in the project; include a list of deliverables
• Related Experience; include relevant experience date, name of agency, and reference
name/contact information
Envelope#2, clearly marked "Cost Proposal", shall include the following item:
• Cost proposal — provide a Cost Proposal that includes all costs associated with the PA/ED
Phase of this project only. The City is only soliciting proposals from firms for the
PANED Phase; the Cost Proposal should not include any costs related to future
phases, as the is only soliciting services related to the PANED Phase at this time.
• The City will use a "Cost Per Unit of Work" method (lump sum cost per task item or element
of work)to pay for professional services related to this project; therefore, Consultants should
list a lump sum cost per each sub-task or item of work. The general Scope of Services
outlined herein is only provided as a guide in this Request for Proposals; Consultants should
provide a detailed Scope of Services in their submitted Work Proposal as necessary to
reflect the method and procedure in which they intend to provide the required professional
services, consistent with the general Scope of Services. The Cost Proposal must be
identical to the detailed Scope of Services included as part of the Consultant's Work
Proposal submitted in Envelope#1.
• Do NOT include Attachment "A" or "B" in the Cost Proposal envelope. Attachments
"A"and "B" are to be included in Envelope#1, "Work Proposal".
At a minimum, firms must provide the information identified below. All such information shall be
presented in a format that directly corresponds to the numbering scheme identified here.
SECTION A: PROJECT UNDERSTANDING
A.1 Without reciting the information regarding the Project verbatim as contained in this RFP,
convey an understanding of the intent of the Project and an understanding of the City's
expectations upon implementation of the Project.
A.2 Identify "key" or "critical" issues that may be encountered on the Project based on the
firm's prior experiences; provide steps to be taken to ensure the issues do not affect the
successful delivery of the Project.
A.3 Discuss processing federally funded projects coordinated by Caltrans District 8 and
generally convey an understanding of why Caltrans District 8 is involved and the partnering role
the City and Caltrans have with the Project.
AA To the extent possible, complete a rough draft of a Preliminary Environmental Study
(PES) Form and include with the Proposal. Include a general discussion of the potential
impacts resulting from the Project which subsequently determines the scope of the overall
PA/ED phase.
A.5 Discuss how the Coachella Valley Multi-Species Habitat Conservation Plan
("CVMSHCP") may or may not affect the environmental review process for the Project.
RFP#01-12
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75
SECTION B: SCOPE OF WORK
B.1 Taking the information from the rough draft PES Form completed as part of Section A,
identify the type of environmental documents that will be required for the Project. Identify each
of the technical environmental studies that will be required and included in the scope of work.
Identify those technical environmental studies that have been excluded from the scope of work,
and why.
B.2 Identify any environmental permits that may be required to construct the Project, which
are included in the overall scope of work. Include a discussion of the environmental process
necessary to obtain required permits, and its potential impact on the Project schedule.
B.2 Provide a detailed technical scope of work identifying all tasks and sub-tasks required to
successfully implement the PA/ED phase of the project. The outline of tasks and sub-tasks
must be thorough and complete, and will be used as the scope of work included in the selected
firm's contract.
Special Note: The detailed technical scope of work outline must be identical to the outline of
tasks and sub-tasks on the Cost Proposal (submitted in a separately sealed envelope). This is
to ensure that the final agreed contract has a scope of work and payment schedule which
correlate to one another.
SECTION C: STAFF QUALIFICATIONS
CA List the name and qualifications of the Project Manager that will be assigned to the
Project.
C.2 Identify the total number of projects the Project Manager (assigned as a "Project
Manager") has successfully completed which involved Caltrans District 8 approval of a NEPA
document. Provide date completed, a description of the project, location, lead agency (include
contact information), and the Caltrans Local Assistance Engineer who was assigned to the
project. If no Caltrans District 8 experience can be listed, identify experience with other Caltrans
Districts.
C.3 Identify the total number of projects the Project Manager is currently engaged in which
involve Caltrans District 8 approval of NEPA documents. Identify the role or assignment the
Project Manager has in each project (if not assigned as a "Project Manager"). Provide date
initiated, a description of the project, location, lead agency(include contact information), and the
Caltrans Local Assistance Engineer who is assigned to the project. If no projects are currently
engaged with Caltrans District 8, identify any projects on-going with other Caltrans Districts.
CA Identify how many years the Project Manager has been currently employed with the
Consultant's firm. Identify how many years the Project Manager has been previously employed
with other firms, and identify the number and name of the other firms.
C.5 Identify how the Project Manager can or will have sufficient time to devote to the Project,
given current and future time commitments, if the Consultant is selected.
C.6 List specific and relevant experience with federally funded projects coordinated by
Caltrans District 8 for other key staff/team members assigned to the Project. Detailed project
RFP#01-12
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76
information, including dates project started and completed, federal aid project number, local
agency contact information, Caltrans Local Assistance staff contact information, and other
appropriate supporting information shall be provided.
SECTION D: FIRM QUALIFICATIONS
D.1 List the firm's complete name, type of firm (individual, partnership, corporation or other),
telephone number, FAX number, contact person and E-mail address. If a corporation, indicate
the state the corporation was organized under.
D.2 List the name and title of the firm's principal officers with the authority to bind your
company in a contractual agreement.
D.3 List the firm's specific and relevant experience with the PA/ED phase of federally funded
projects coordinated by Caltrans District 8. Detailed project information, including dates project
started and completed, federal aid project number, local agency contact information, Caltrans
Local Assistance staff contact information, and other appropriate supporting information shall be
provided.
DA Indicate the name of any sub-consultant firms that will be utilized to make up your team.
Describe each sub-consultant's background and specific expertise that they bring to the Project.
SECTION E: PROJECT SCHEDULE
E.1 Identify the time frame for previous projects the Consultant's firm has successfully
completed which involved Caltrans District 8 approval of NEPA documents. List the total
months required, including the date the Notice to Proceed was issued and the date the NEPA
document was approved by Caltrans. If no Caltrans District 8 project can be listed, identify
experience with other Caltrans Districts.
E.2 Provide a thorough project schedule identifying all tasks and sub-tasks identified in the
detailed scope of work submitted with the Proposal, showing a schedule to deliver the Project in
consideration of all reasonable and expected time frames necessary to coordinate the Project
through Caltrans District 8. The schedule should include all elements of the PA/ED phase of the
Project. For purposes of consistency between schedules, firms shall assume that a Notice to
Proceed is issued to the firm on October 3, 2011.
DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City
of Palm Springs, Division of Procurement and Contracting by 3:00 P.M., LOCAL TIME,
TUESDAY, AUGUST 30, 2011. Proof of receipt before the deadline is a City of Palm Springs,
Division of Procurement and Contracting time/date stamp. It is the responsibility of the firms
replying to this RFP to see that any proposal sent through the mail, or via any other delivery
method, shall have sufficient time to be received by the Procurement Office prior to the proposal
due date and time. Late proposals will be returned to the firm unopened. Proposals shall be
clearly marked and identified and must be submitted to:
City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig Gladders, C.P.M., Procurement &Contracting Manager
RFP#01-12
Page 10 of 12
77
QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
this RFP other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a proposal.
An questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING
and directed ONLY to:
Craig Gladders, C.P.M.
Procurement& Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Craig.Gladders@palmspringsca.gov
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is
3:00 P.M., Local Time, Tuesday, August 23, 2011. Questions received after this date and
time may not be answered. Only questions that have been resolved by formal written Addenda
via the Division of Procurement and Contracting will be binding. Oral and other interpretations
or clarifications will be without legal or contractual effect.
FORM OF AGREEMENT: The selected firm will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance
with the standard Professional Services Agreement (see Attachment 4). Please note that
Exhibits A, C, D E, and F are intentionally not complete in the attached document; (Exhibit B is
completed and includes all appropriate federal regulations to be included in the Agreement).
These exhibits will be negotiated with the selected firm, and will appear in the final Professional
Services Agreement executed between the parties. Requested changes to the Professional
Services Agreement may not be approved, and the selected firm must ensure that the attached
document will be executed.
Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements
in connection therewith shall be just cause for an annulment of the award.
AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide
all of the services identified in the RFP document. However, the City reserves the right to
award a contract to multiple Respondents or to a single Respondent, or to make no
award, whichever is in the best interest of the City. It is anticipated that award of the
contract will occur at the next regularly scheduled City Council meeting after the evaluation
committee has made its final selection of the firm to be recommended for award and a contract
has been negotiated and agendized for consideration. The decision of the City Council will be
final
RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it
is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an
RFP without an authorized signature, falsified any information in the proposal package, etc.),
the proposal shall be rejected.
RFP#01-12
Page 11 of 12
78
PUBLIC RECORD: All documents submitted in response to this solicitation will become the
property of the City of Palm Springs and are subject to the California Code Section 6250 et seq.,
commonly known as the Public Records Act. Information contained in the documents, or any
other materials associated with the solicitation, may be made public after the review process
has been completed, negotiations have concluded and a recommendation for award has been
officially agendized for City Council consideration, and/or following award of contract to a
specific firm, if any, by the City Council.
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any
costs incurred by any firm responding to this RFP in the preparation of their proposal or
participation in any presentation if requested, development of any technical proposal if
requested, or any other aspects of the entire RFP process.
BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the
City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled "Business Tax".
PROPOSAL INFORMALITIES OR DEFECTS: The City of Palm Springs reserves the right to
waive any informality or technical defect in a proposal and to accept or reject, in whole or in
part, any or all proposals and to seek new RFP's, as best serves the interests of the City.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems
necessary to determine the ability of the firms responding to this RFP to perform the Work and
the firm shall furnish to the City all such information and data for this purpose as the City may
request. The City reserves the right to reject any proposal if the evidence submitted by or
investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out
the obligations of the Contract and to complete the Work contemplated therein.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their
proposal shall be valid for a period of 120 calendar days from the due date of proposals.
SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted
to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions
set forth in all of the sheets which make up this Request for Proposals, and any attached
sample agreement. Exceptions to any of the language in either the RFP documents or
attached sample agreement, including the insurance requirements, must be included in the
proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate
language, insurance requirements, terms or conditions may be considered in the evaluation
process; however, the City makes no guarantee that any exceptions will be approved.
RFP#01-12
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79
EXHIBIT "D"
CONSULTANT'S PROPOSAL
CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE
80
r.
or to de
Environmental Services
for
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River
City Project No. io-io
46, J;
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Sa Submitted by
NI.,iTK4
August 30, 2011
Mr-17, Eric Civil and Structural Engineers
CNS Engineers, Inc. 10370 Hemet Street,Suite 230,Riverside,CA 92503
Phone:(951)687-1005/Fax:(951)667-3387 Web:www.cnseng.com
August 30, 2011
Mr. Craig Gladders, C.P.M., Procurement&Contracting Manager
City of Palm Springs
Division of Procurement and Contracting
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: RFP#01-12, Request for Proposals for Environmental Services for Vista Chino Low Water
Crossing Bridge Replacement at Whitewater River, Federal Aid Project No. BR-NBIL(513)
Dear Mr. Gladders and Members of the Consultant Selection Panel:
"Safety" is the first priority for all transportation projects. The proposed Vista Chino Bridge at Whitewater River
Project will essentially enhance the public's safety and improve the traffic circulation in the Cities of Palm Springs
and Cathedral City.
CNS Engineers, Inc. (CNS) is pleased to submit six(6) copies of work proposals to demonstrate our capability of
undertaking the project and to provide professional engineering and environmental services to the City for the
scope of work identified in the RFP. We recognize and fully understand the importance, and the need and
purpose of the project. We are delighted to offer the City a thoughtfully composed team of firms and a
commitment of our key personnel to assist the City in "delivering the project" efficiently, cost effectively,
expeditiously and to the full satisfaction of the City.
CNS has completed many local river crossing projects which were funded by the federal Highway Bridge Program
(HBP) in Southern California. Several of our projects are located in the Coachella Valley. Our Project Manager,
Mr. James Lu, brings his strong Local Program funding experience to the team, not only from his extensive
project experience but also from his past employment tenure with Caltrans District 7 Local Assistance as a HBP
project coordinator. Our exceptional technical expertise makes the CNS Team a perfect fit to assist the City in
developing the Preliminary Engineering and securing Environmental Clearance, which address technical
mitigation issues, bring stakeholders together, and yield implementable results. This work proposal demonstrates
our technical capability,qualifications and experiences to perform the required services.
Serving as the Project Manager for this project, Mr. James Lu, will be the designated contact person for the City
and will provide management, administration, funding assistance and technical bridge design efforts in
coordination with various stakeholders and within the CNS Team. With over 20 years of highly successful bridge
engineering experience on major transportation projects, James will be a hands-on person in working with our
team members.We are confident in our capability to successfully undertake assignment of this contract.
We guarantee that all contents of this work proposal and the separate cost proposal will be valid for a period of
120 calendar days from the due date of the proposals.
We are proud of presenting this team to the City, and we look forward to the City's favorable review of our
proposal and our participation in the next step of the selection process. Should you have any questions, please
feel free to contact me at 951-687-1005 ext. 104 or by e-mail at iames.lu0cnseng.com. I can also be reached at
my cell phone number at 949-690-0089.
Sincerely,
James J. Lu, P.E., S.E.
Project Manager/Principal
CNS Engineers, Inc.
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page I 1
82
w i*--
m
77 '- 7 Erfu is"- Work Proposal
SECTION A: PROJECT UNDERSTANDING
Al —Understanding of Intent of the Project and the City's Expectations: The proposed project is to replace
the existing Vista Chino low water crossing with an all-weather access bridge that prevents potential "safety"
problems for vehicles and pedestrians from crossing a flooded roadway in wet seasons. The proposed
improvements will enhance traffic circulation within the areas at the Whitewater River in Cities of Palm Springs
and Cathedral City. After implementation of the proposed project along with the widening of the parallel Ramon
Road Bridge downstream of Vista Chino, the City of Palm Springs will expect uninterrupted traffic flow from
Instate 10 (1-10) and between the Cities of Palm Spring and Cathedral City, elimination of the financial burden to
frequently clean the flooding debris on the Vista Chino low water crossing, and the most importantly maintaining
the emergency response time for the public's health and safety.
A2 — Key Issues and Technical Approach: (Roadway and Utilities) The first order of preliminary engineering
work is to conduct surveying and mapping and obtain the right of way information including title Status Reports
from the local Bureau of Indian Affairs (BIA) office and the Tribal GIS Division of Administration, both in Palm
Springs as the entire northerly area and the southeasterly area of the Vista Chino low water crossing lie on
allotted Agua Caliente Indian Reservation lands. The topographic mapping shall extend from Gene Autry Trail to
Carmela Drive to cover any striping needs for stage construction and traffic controls. It shall include the most
probable staging areas (contractor's lay down areas) such as the parcel APN 677040030 across the entrance of
Clubhouse View, which shall be identified on the cultural Area of Potential Effect (APE) map. The survey shall
also cover floodway mapping of the Whitewater River for floodplain study and sediment transport analysis.
Vista Chino is fully improved with 4 through lanes and
a raised median from Gene Autry Trail to Clubhouse
View. Further to the east, the Whitewater River west 3f�I j�Yr�y1 j
bank has existing concrete slope protection. There's f if 61
also an existing RCFC&WCD storm drain that outlets ('
on the south side of Vista Chino into the Whitewater
River west bank via a secondary channel.Vista Chino
continues east across the Whitewater River Channel {{V
with 4 lanes, no median, no curbs. There are existing
overhead power lines on both north and south side of
Vista Chino as it crosses the channel. Also three
separate billboard structures are evenly spaced along
the north side of Vista Chino within the channel.
Vista Chino exits the channel and transitions quickly
to fully improved 4 lanes and a striped median to Right of Way Ownership Exhibit
Carmela Drive in Cathedral City. Desert Princess Golf Resort and a CVWD well site exists on the south side and
existing residential homes are on the north side of Vista Chino. Both parkways are fully landscaped. The
Whitewater River Channel east bank does not have concrete slope protection. CVWD currently has approved
slope protection improvement plans for this reach of the channel.
The proposed bridge and roadway improvements will require mitigation of the
existing conflicted utilities. Based on preliminary utility research and MSA's
previous work within the immediate area, both the north and south sides of Vista
Chino have extensive existing overhead and underground utilities. Within the RNV
on the south side of Vista Chino is an existing 115kv SCE overhead transmission F
�
line, typically expensive to relocate requiring long lead time and possible seasonal
construction restrictions. SCE also has a bank of conduits on the south side. Sprint
also has underground fiber optics along the south side of Vista Chino. On the north
side, SCE has an overhead system with multiple lines including a 33kv and 12.5kv 4
circuit within the R/W. Sharing the pole system on the north side, Time Warner Billboards and the overhead
Cable has a fiber optic overhead line. Outside of the Whitewater River RAN are poles may require relocation.
additional utilities including water, sewer, storm drain, and gas. All of the existing utilities will be identified as part
of the utility research. Meetings will be held with each utility agency to determine how to best mitigate any
constraints and identify the cost implications. Utility potholing is recommended as part of the final design phase.
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 12
83
7 ra � E n g,nee e rs I Work Proposal
Consideration should be given to the presence of three outdoor advertising billboards along the north side of Vista
Chino. These signs may need to be raised or relocated, and its cost may become part of the project RIW
mitigation cost. In addition, depending on how the new bridge transitions the traffic signal at the Clubhouse View
may require relocation.
(Drainage) Within the project reach, the Coachella Valley Water District (CVWD) operates and maintains the
Whitewater River while Riverside County Flood Control &Water Conservation District(RCFC&WCD) controls and
maintains the existing levee along the westerly side of the channel. The width of the channel through the project
site, measured perpendicular to the general flow path, is approximately 2,200 feet. The gradient of the river near
the low water crossing is relatively mild, approximately 0.0072.
The peak Standard Project Flood (SPF) and 100-year flow rates for Whitewater River at the project site are
88,000 CFS and 39,000 CFS, respectively. The flow rates were obtained from the 2008 FEMA FIS, the 1980
Corps Feasibility Report, the 1995 CVWD Bank Protection Hydraulic Design report and from USGS flow
information obtained for stream gauge number 10258500 (Palm Canyon Creek near Palm Springs). Review of the
flood plain map published by FEMA reveals that the existing channel has the capacity to convey the 100-year flow
rate. The 100-year flood depth on the FEMA map is approximately 6 feet. Minimum bridge and channel freeboard
of 1 foot and 3 feet shall be provided under the SPF and 100-year flood conditions, respectively, as required by
CVWD and RCFC&WCD. For the bridge, a minimum of 4 feet of freeboard will be required by RCFC&WCD due
to the"levee" nature of the adjacent channel bank improvements.
The proposed approach for the hydraulic and sediment transport analysis will be to assess the functioning of the
project reach under existing and with-project conditions considering two channel states including the broad wash
condition available at the site as defined by the existing topography, and the self-forming channel condition likely
to exist during flood event occurrence. In order to quantify the impacts of the proposed bridge to the existing
hydraulic, sediment transport and stability characteristics of the Whitewater River through the project reach, we
will utilize the current steady-state hydraulic model (HEC-RAS computer model) but modified to integrate the
proposed bridge footprint. The HEC-RAS model will determine the preliminary channel capacities, floodplain
elevations, backwater effects, total scour potential, and identify any deficiencies with the existing channel
structures. The hydraulic model will also be utilized to determine the impacts to the surrounding improvements
such as the channel concrete cutoff walls due to the proposed bridge improvements including changes to the
natural geomorphic stream pattern (long term channel stability). Computations will be made for a wide range of
flow conditions, including peak 2-year through 100-year and SPF flood conditions.
In order to assess the existing sediment transport capacity of the river through the project reach, average annual
sediment transport quantities will be determined using probability-weighting of the results developed for the
individual flood events examined. The amount of sediment required to be passed through is nearly always
associated with the average annual sediment conditions--not a specific event or design level, but maintenance of
the average annual conditions. For the most part, the total sediment volume associated with the average annual
sediment condition is roughly equivalent to the 10-year flood event. During the course of the floodplain study, we
will provide hydraulic and sediment transport studies in support of the following 3 bridge alternatives:
1. A 2,600-foot long bridge measured along the current roadway alignment. This alternative will have the
least impact to the existing hydraulic, sediment transport, and environmental conditions in the area.
2. A 1,200-foot long bridge measured along the current roadway alignment. For comparative purposes, the
existing Ramon Road Bridge located downstream of Vista Chino is roughly 1,100 feet long measured
along the roadway alignment. In order for this alternative to work, training levees will need to be
constructed upstream of the crossing, which will require significant environmental mitigation.
3. A 1,900-foot long bridge measured along the current roadway alignment. In order for this alternative to
work, a series of culverts will be required to minimize flow impingement against the proposed roadway
embankment and allow sediment to pass through as required by the Ague Caliente Tribal Habitat
Conservation Plan.
(Structures)A long bridge up to 2,600 feet in length is expected. The bridge length will be determined by various
factors including channel hydraulic characteristics, water surface elevations and freeboards, and environmental
mitigation. Conventional construction with cast-in-place pre-stressed concrete box girders or pre-cast pre-
stressed concrete IT, or Bulb "T" girders are considered the most cost-effective options. Cast-in-place girder
requires low maintenance cost, is aesthetically pleasing, and has proven seismic performance although it requires
extensive falsework in the channel. Pre-cast girder can be constructed fast while it generally costs about 15%
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 13
84
.M77Encii n eers, Work Proposal
higher than the cast-in-place option. Considering that this is a long y
bridge involving encroachment in the environmentally sensitive wc'�
IT
channel, the pre-cast girder option tends to gain additional value c a a IT IT ; t
from the advantage of shorter construction duration than the cast- r IT tt
in-place option,which compensates its higher cost.
ate.
The HBP funding application proposed a curb-to-curb road width of
76 feet including two 9-foot shoulders, four 12-foot lanes and a 10- .
foot median. The 76-foot road width can be restriped with six 12-
foot lanes and a minimal 4-foot median in the future. We
recommend reconfiguring the 76-foot road width with two 8-foot ,
shoulders, four 12-foot lanes and a 12-foot median as the 8-foot
shoulder is AASHTO standard which can be justified without doessaaan-Precastco off_
triggering non HBP-participating cost for an oversized bridge deck.
The 12-foot median is also justifiable as the west end of bridge is in NF=V*_
close proximity to the Clubhouse View intersection, which requires ,ram'F.w.aoe
a left-tum lane in the median. I. e$i' a i r 1
.1Y j Y 1,
q , sw
IW
Vista Chino is a major thoroughfare (an urban arterial). According """ e c t I t
to the Circulation Element of the City's General Plan, the design ,
speed shall be 55 mph which exceeds the 45 mph limit for using
the conventional Caltrans Type 26 Barrier(a raised sidewalk with a
concrete parapet railing). As such, an extra traffic barrier shall be
placed along the edge of the sidewalk. We recommend eliminating
the raised sidewalk on one side of the bridge so that one inside
traffic barrier can be removed and the bridge deck can be re-
stripped with wider outside lanes to enhance traffic safety for the Cx SOCMM-C&861n4-"C4dw won
future six-lane condition.
The types of the substructure and its foundation highly depend on the channel hydraulic characteristics,
environmental sensitivity, and the geotechnical conditions. Since the Whitewater River at the project reach
exhibits unpredictable flow paths and the water-borne sediment/sand is required to transport across the ACBCI r
eservation parcels in the channel, piers with multiple columns supported by large-diameter cast-in-drilled-hole
(CIDH) concrete piles would be the preferred option as they provide great open space below the bridge and
between columns.
Well-planned staging to keep the traffic moving during
construction is also one of the critical elements of the .r "igNo .r•
project. The existing ADT on Vista Chino at the project
site is approximately 25,000, and the roadway is also
defined as a truck route. Partial closure of Vista Chino for N fig.: ; I
t � s
temporary 2-lane traffic will not be able to provide
enough capacity to accommodate the current traffic
volumes. In addition, the parallel Ramon Road is more - IT
IT
than 10,000 feet downstream from Vista Chino, which is
too far to be used effectively as a detour road. Therefore,
constructing the bridge in stages and also providing a 2
lane one-way detour road beside Vista Chino to maintain
4 lanes at all times during construction are expected. saaceca ewcttoo
(Environmental) After the preliminary engineering layouts have been developed, the Caltrans Preliminary
Environmental Study (PES) form that has been prepared in support of this proposal will be updated/refined and
submitted to Caltrans for review and approval. The purpose of the PIES is required for Local Assistance projects
and the purpose of the PIES is to identify and receive concurrence from Caltrans regarding the technical studies
that will need to be prepared for the proposed project and to receive concurrence regarding the NEPA document
to be prepared. Required environmental technical studies are discussed in Paragraphs A4 and 131 below.
It will be critical to have early coordination with the federal resource agencies and the Ague Caliente Band of
Cahuilla Indians(Tribe)to ensure the project stays on schedule and so that the avoidance/minimization/mitigation
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 14
85
7773TE,rgirieers
Work Proposal
measures that are developed meet the requirements of all of the agencies involved. As part of the early Tribal
coordination mentioned previously, the role of the Tribe and compliance with the Ague Caliente Tribal Habitat
Conservation Plan (ACTHCP)will be discussed at the initial coordination meeting that will be held with the Tribe.
In addition, early coordination with U.S. Fish and Wildlife Service (USFWS)will be conducted regarding potential
project impacts on Tribal lands so that everyone is in agreement moving forward and that all relevant and
appropriate topic areas are addressed.
Although the preparation of technical studies and analyses will be important, a key issue for the project will be the
processing of the environmental documentation through the various agencies. This will be addressed through
three specific approaches: 1) meet with Caltrans prior to the initiation of the technical studies to ensure that all
issues and areas are clearly outlined at the outset of the project to help streamline the agency review process and
minimize any schedule impacts (this will also include preparation of a detailed schedule); 2) work with the City
and Caltrans to develop an agreement whereby concurrent reviews will be conducted by the reviewing agencies
(following the initial review), assuming this is how the City would like to proceed, to help eliminate the normal
linear review cycle; and 3) work to forge an agreement early with Caltrans, with the approval of the City, to
address document revisions in a document revisions workshop, where document revisions are addressed in real
time with the Caltrans reviewer to ensure that the document is ready for approval in the subsequent submittal.
This approach has been used successfully used by ICF on several projects in Caltrans District 8.
A3 — Caltrans District 8's Involvements and the Partnering Role of the City and Caltrans: The project is
funded with federal Highway Bridge Program (HBP) funds which are administrated by Caltrans Division of Local
Assistance. As such, the project development shall be based on Caltrans Local Assistance Program Guidelines
(LAPG) and Local Assistance Procedures Manual (LAPM) in order to ensure that 88.53%of the HBP participating
cost can be reimbursed by FHWA through Caltrans.
The construction cost of the project exceeds $20 million which brings the project into the category of"High Cost
Project". The construction schedule and the expending rate of the construction cost are critical information for
Caltrans to program the needed federal funds for the first fiscal year to initiate the construction and Advance
Construction (AC) conversion for the remaining years to complete the project. It is crucial for the delivery of the
project to provide accurate cost estimates and construction schedule to Caltrans to program AC conversion when
the project alternative is well defined. City's financial burdens include the entire 11.47% local match of the
construction cost and the estimated expenditure that cannot be met by the AC conversion funds of$20 million per
year as those costs will be forced to make available at the beginning of the construction. Those early financial
burdens for cash flow will rely on supports of non-federal funds from RCTC or CVAG, or City's bond sale with its
interest reimbursable from the HBP. Those High Cost issues will need to be coordinated with Caltrans prior to the
final approval of the NEPA document as the City will be liable to pay back the 11.47% of the PA&ED cost if the
City decides not to construct the project after approval of the NEPA document.
For the technical engineering design, the City is responsible for oversight and approval of the design based on the
general design guidelines identified in the LAPM, Chapter 11 Design Standards. Application and update of the
design standards are also periodically distributed to local agencies and listed on the Caltrans Division of Local
Assistance Office Bulletins website. Since the bridge design in California requires special attention such as the
seismic design criteria which is published and constantly updated by Caltrans HQ Structures, Caltrans HQ
Structures Local Assistance (SLA) is available to provide courtesy review of the bridge type selection documents
and the final bridge design Plans, Specifications and Estimates(PS&E). We recommend the City to engage SLA's
service as the review will ensure that the bridge scope meets the funding guidelines.
For environmental documentation, based on the requirements of the NEPA Pilot Program MOU and SAFETEA-
LU codified at 23 USC 327(a)(2)(A) that became effective July 1, 2007, FHWA has assigned and Caltrans has
assumed all the USDOT Secretary's responsibilities under NEPA. Caltrans will be the lead agency to review and
approve the NEPA documents and all environmental technical studies for all Local Assistance projects within the
State of California. To facilitate NEPA approval by Caltrans, it is critical that the City/the selected consultant
performs formal QC of environmental documents and technical reports paralleling Caltrans standards.
A4 — Draft Preliminary Environmental Study (PES): A draft PES has been prepared for this proposal. In
general, District 8 Local Assistance requires submittal of the draft PES with an updated Filed Review Form(LAPM
Exhibit 7-8). A formal field review meeting will then be scheduled to review the project site and discuss the
required environmental technical studies and the appropriate type of the Environmental Document.
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 15
86
Local Assistance Procedures Manual Exhibit 6-A
Preliminary Environmental Study(PES) Form
Exhibit 6-A Preliminary Environmental Study(PES)Form
Federal Project No.: BR-NBIL(513) Final Design: June 2014
(Federal Program Prefix-Project No..Agreement No.) (Expected Start Date)
To: Savat Khamphou,P.E. From: City of Palm Springs
(District Local Assistance Engineer) (Local Agency)
District 8,Office of Planning&Local Assistance Marcus Fuller,PE,PLS—(760)323-8253 ext 8744
(District) (Project Manager's Name and Telephone No)
464 W.0 Street,a Floor(MS 760) 3200 East Tahquitz Canyon Way
San Bernardino,CA 92401-1400 Palm Springs,California 92262
(Address) (Address)
Savat.Khamphouna dot.ca.gov Marcus.FullerApalmspringsca.gov
(E-mail Address) (E-mail Address)
Is this Project"ON"the ❑ Yes IF YES,STOP HERE and contact the District Local Assistance Engineer
State Highway System? ® No regarding the completion of other environmental documentation.
Federal State Transportation Improvement Program 2011 17
(FSTIP)http://www.dot.ca.gov/hq/transprogifedpgm.htm: (Currently Adopted Plan Date) (Page No_attach to thisform)
Programming Preliminary Engineering Right of Way Construction
for FSTIP: 2010/2011
through
2014/2015 $ 14AM N/A $ N/A 2015/2016 $ 80.6M
(Fiscal Year) (Dollars) (Fiscal Year) (Dollars) (Fiscal Year) (Dollars)
Project Description as Shown in RTP and FSTIP: FTIP No. RIV090405: City of Palm Springs—In the City of Palm Springs:
Replace existing 4-lane low water crossing on Vista Chino at Whitewater River with a new 4-lane bridge—Bridge No.001,0052.
Detailed Project Description: (Describe thefollowmg,as applicable:purpose and wed,project location and limits,required right ofway
acquisition,proposedfacilities,staging areas,disposal and borrow sites,construction activities,and construction access.)
Project Name: Vista Chino Bridge at Whitewater River. The City of Palm Springs,in coordination with the California Department
of Transportation(Department),is proposing to replace the existing low water crossing along Vista Chino at the Whitewater River with
a bridge in the City of Palm Springs,County of Riverside,California. The purpose of the proposed project is to enhance traffic safety,
improve traffic circulation and emergency access within Palm Springs and Cathedral City during flood events.See page 1 for a
complete Project Description. (Continue description on"Notes"sheet,last page ofthis Exhibit,ifnecessary)
Preliminary Design Information:
Does the project involve any of the following? Please check the appropriate boxes and delineate on an attached map,plan,
or layout including any additional pertinent information.
Yes No Yes No Yes No
❑ M Widen existing roadway M ❑ Ground disturbance M ❑ Easements
❑ M Increase number of through tones ® ❑ Road cut/fill M ❑ Equipment staging
❑ M New alignment M ❑ Excavation: anticipated M ❑ Temporary access road/detour
❑ M Capacity increasing—other maximum depth 25 feet M ❑ Utility relocation
(e.g.,channelization) M ❑ Right of way acquisition
M ❑ Drainage/culverts (if yes,attach map with APN)
❑ M Realignment M ❑ Flooding protection
❑ M Ramp or street closure M ❑ Stream channel work M ❑ Disposal/borrow sites
M ❑ Bridge work
M ❑ Pile driving El Part of larger adjacent project
M ❑ Vegetation removal
❑ M Tree removal M ❑ Demolition ❑ M Railroad
Required Attachments:
N Regional map ®Project location map ®Project footprint map(existing/proposed right of way)
❑Engineering drawings(existing and proposed cross sections),if available ❑Borrow/disposal site location map,if applicable
(Note:all maps(except project location map and regional maps)should be consistent with theproject description(minimum scale:l"=200).)
N Notes to support the conclusions of this checklist/project description continuation page(attached)
Page 6-69
LPP 08-02 May 30,20088 7
Exhibit 6-A Local Assistance Procedures Manual
Preliminary Environmental Study(PES) Form
Examine the project for potential effects on the environment,direct or indirect and answer the following questions.
The"construction area,"as specified below,includes all areas of ground disturbance associated with the project,
including staging and stockpiling areas and temporary access roads.
Each answer must be briefly documented on the"Notes"pages at the end of the PES Form.
A. Potential Environmental Effects Yes To Be No
Determined
General
1. Will the project require future construction to fully utilize the design capabilities included in the ❑ ❑ E
proposed project?
2. Will the project generate public controversy? ❑ ❑ E
Noise
3. Is the project aType I project as defined in 23 CFR 772.5(h):"construction on new location or the E ❑ ❑
physical alteration of an existing highway,which significantly changes either the horizontal or
vertical alignment or increases the number of through-traffic lanes"?
4. Does the project have the potential for adverse construction-related noise impact ❑ E ❑
(such as related to pile driving)?
Air Quality
5. Is the project in a NAAQS non-attainment or maintenance area? E ❑ ❑
6. Is the project exempt from the requirement that a conformity determination be made?(If"Yes,"state ® ❑ ❑
which conformity exemption in 40 CFR 93.126,Table 2 applies):Proiects that correct un roD ve,or
eliminate a hazardous location or feature
7. Is the project exempt from regional conformity? (If"Yes,"state which conformity exemption in 40 ® ❑ ❑
CFR 93.127,Table 3 applies):change in horizontal or vertical alierunent
8. If project is not exempt from regional conformity,(If"No"on Question 47)
Is project in a metropolitan non-attaimnent/maintenance area? ❑ ❑ ❑
Is project in an isolated rural non-attainment area? ❑ El ElIs project in a CO,PM 10 and/or PM2.5 non-attainment/maintenance area?
Hazardous Materials/Hazardous Waste
9. Is there potential for hazardous materials(including underground or aboveground tanks,etc.)and/or ❑ E ❑
hazardous waste(including oil/water separators,waste oil,asbestos-containing material,lead-based
paint,ADL,etc.)within or immediately adjacent to the construction area?
Water Quality/Resources
10. Does the project have the potential to impact water resources(rivers,streams,bays,inlets,lakes, E ❑ ❑
drainage sloughs)within or immediately adjacent to the project area?
11. Is the project within a designated sole-source aquifer? ❑ ❑ E
Coastal Zone
12. Is the project within the State Coastal Zone,San Francisco Bay,or Suisun Marsh? ❑ ❑ E
Floodplain
13. Is the construction area located within a regulatory floodway or within the base floodplain(100-year) E ❑ ❑
elevation of a watercourse or lake?
Wild and Scenic Rivers
14. Is the project within or immediately adjacent to a Wild and Scenic River System? ❑ ❑ E
Biological Resources
15. Is there a potential for federally listed threatened or endangered species,or their critical habitat or E ❑ ❑
essential fish habitat to occur within or adjacent to the construction area?
16. Does the project have the potential to directly or indirectly affect migratory birds,or thew nests or ® ❑ ❑
eggs(such as vegetation removal,box culvert replacement/repair,bridge work,etc.)?
17. Is there a potential for wetlands to occur within or adjacent to the construction area? E ❑ ❑
Page 6-70
May 30,2008 LPP 08-02
88
Local Assistance Procedures Manual Exhibit 6-A
Preliminary Environmental Study(PES)Form
18. Is there a potential for agricultural wetlands to occur within or adjacent to the construction area? ❑ ❑ N
19. Is there a potential for the introduction or spread of invasive plant species? N ❑ ❑
Sections 4(f)and 6(f)
20. Are there any historic sites or publicly owned public parks,recreation areas,wildlife or waterfowl ❑ ❑
refuges(Section 4[f])within or immediately adjacent to the construction area?
21. Does the project have the potential to affect properties acquired or improved with Land and Water ❑ ❑ N
Conservation Fund Act(Section 6[1j)funds?
Visual Resources
22. Does the project have the potential to affect any visual or scenic resources? ❑ N ❑
Relocation Impacts
23. Will the project require the relocation of residential or business properties? ❑ ❑ N
Land Use,Community,and Farmland Impacts
24. Will the project require any right of way,including partial or full takes? Consider construction ® ❑ ❑
easements and utility relocations.
25. Is the project inconsistent with plans and goals adopted by the community? ❑ ❑ N
26. Does the project have the potential to divide or disrupt neighborhoods/communities? ❑ N ❑
27. Does the project have the potential to disproportionately affect low-income and minority ❑ N ❑
populations?
28. Will the project require the relocation of public utilities? N ❑ ❑
29. Will the project affect access to properties or roadways? ❑ ❑ N
30. Will the project involve changes in access control to the State Highway System(SITS)? ❑ ❑ N
31. Will the project involve the use of a temporary road,detour,or ramp closure? N ❑ ❑
32. Will the project reduce available parking? ❑ ❑ N
33. Will the project construction encroach on state or federal lands? N ❑ ❑
34. Will the project convert any farmland to a different use or impact any farmlands? ❑ ❑ N
Cultural Resources
35. Is there National Register listed,or potentially eligible historic properties,or archaeological ❑ ❑ ❑
resources within or immediately adjacent to the construction area?
(Note:Caltrans PQS answers question#35)
36. Is the project adjacent to,or would it encroach on Tribal land? N ❑ ❑
Page 6-71
LPP 08-02 May 30,2008
89
Exhibit 6-A Local Assistance Procedures Manual
Preliminary Environmental Study(PES) Form
For Sections B,C,and D,check appropriate box to indicate required technical studies,coordination,permits,or approvals.
B. Required Technical Studies C. Coordination D. Anticipated
and Analyses Actions/Permits/Approvals
Z Traffic
Check one.
Z Traffic Study ® Caltrans ® Approval
❑ Technical Memorandum ❑ Caltrans ❑ Approval
❑ Discussion in ED Only ❑ Caltrans ❑ Approval
® Noise
Check as applicable.
® Traffic Related
® Construction Related
Check one.,
Z Noise Study Report ® Caltrans ® Approval
❑ NADR ❑ Caltrans ❑ Approval
❑ Technical Memorandum ❑ Caltrans ❑ Approval
❑ Discussion in ED Only ❑ Caltrans ❑ Approval
❑ Air Quality
Check as applicable.
❑ Traffic Related
® Construction Related
Check one.
❑ Air Quality Report ❑ Caltrans ❑ Approval
Z Technical Memorandum Z Caltrans Z Approval
❑ Discussion in ED Only ❑ Caltrans ❑ Approval
❑ FHWA ❑ Conformity Finding(6005 CEs,EAs,EISs)
❑ Caltrans ❑ Conformity Finding(6004 CEs)
❑ Regional Agency ❑ PM10/PM2.5 Interagency Consultation
® Hazardous Materials/
Hazardous Waste
Check as applicable:
® Initial Site Assessment ® Caltrans ® Approval
(Phase l)
❑ Preliminary Site Assessment ❑ Caltrans ❑ Approval
(Phase 2)
❑ Discussion in ED Only ❑ Caltrans ❑ Approval
® Cal EPA DTSC ® Review Database
® Local Agency ® Review Database
® Water Quality/Resources
Check as applicable:
Z Water Quality Assess.Report ® Caltrans ® Approval
❑ Technical Memorandum ❑ Caltrans ❑ Approval
❑ Discussion in ED Only ❑ Caltrans ❑ Approval
❑ Sole-Source Aquifer
(Districts 6,6 and 11) ❑ EPA(S.F.Regional Office) ❑ Approval of Analysis in ED
❑ Coastal Zone ❑ CCC ❑ Coastal Zone Consistency Determination
Page 6.72
May 30,2008 LPP 08-02
90
Exhibit 6-A
Assistance Procedures Manual
Preliminary Environmental Study(PES)Form
B. Required Technical Studies C. Coordination D. Anticipated
and Analyses Actions/Permits/Approvals
® Floodplain
Check as applicable:
N Location Hydraulic Study ® Caltrans ® Approval
❑ Floodplain Evaluation Report ❑ Caltrans ❑ Approval
N Summary Floodplain ® Caltrans ® Approval
Encroachment Report
❑ Caltrans ❑ Only Practicable Alternative Finding
❑ FHWA ❑ Approves significant encroachments and
concurs in Only Practicable Alternative
Findings
❑ Wild and Scenic Rivers
❑ River Managing Agency ❑ Wild and Scenic Rivers Determination
® Biological Resources
Check as applicable.
❑ NES,Minimal hnpact ® Calunns ® Approval
N NES
N BA N Caltrans ® Approves for Consultation
® USFWS ® Section 7 Informal/Formal Consultation
❑ NOAA Fisheries
❑ EFH Evaluation ❑ NOAA Fisheries ❑ MSA Consultation
❑ Bio-Acoustic Evaluation ❑ NOAA Fisheries ❑ Approval
❑ Technical Memorandum ❑ Caltrans ❑ Approval
® Wetlands
Check as applicable.
® WD and Assessment N Caltrans N Approval
❑ ACOE ❑ Wetland Verification
❑ NRCS ❑ Agricultural Welland Verification
❑ Caltrans ❑ Wetlands Only Practicable Alternative
Finding
N Invasive Plants
N Discussion in ED Only(NES) N Caltrans N Approval
❑ Section 4(Q
Check as applicable.
❑ Caltrans ❑ Determine Temporary Occupancy
❑ De minimis ❑ Caltrans ❑ De minimis finding
❑ Programmatic 4(f)Evaluation ❑ Caltrans ❑ Approval
Type:
❑ Individual 4(f)Evaluation ❑ Caluaris ❑ Approval
❑ Agency with Jurisdiction
❑ SHPO
❑ DOI
❑ HUD
❑ USDA
Page 6-73
LPP 07-07 November 20,2007
91
Exhibit 6-A Local Assistance Procedures Manual
Preliminary Environmental Study(PES)Form
B. Required Technical Studies C. Coordination D. Anticipated
and Analyses Actions/Permits/Approvals
❑ Section 6(f)
❑ Agency with Jurisdiction
❑ NPS ❑ Determines Consistency with Long-Term
Management Plan
❑ NPS ❑ Approves Conversion
® Visual Resources
Check one.
® Visual Impact Assessment ® Caltrans ® Approval
❑ Technical Memorandum ❑ Caltrans ❑ Approval
❑ Discussion in ED Only ❑ Caltrans ❑ Approval
❑ Relocation Impacts
Check one.
❑ Relocation Impact Memo ❑ Caltrans ❑ Approval
❑ Relocation Impact Study ❑ Caltrans ❑ Approval
❑ Relocation hnpact Report ❑ Caltrans ❑ Approval
® Land Use and
Community Impacts
Check one:
❑ CIA ❑ Caltrans ❑ Approval
❑ Technical Memorandum ❑ Caltrans ❑ Approval
® Discussion in ED Only ® Caltrans ® Approval
❑ Construction/Encroachment
on State Lands
Check as applicable:
❑ SEC Jurisdiction ❑ SEC ❑ SEC Lease
❑ Caltrans Jurisdiction ❑ Caltrans ❑ Encroachment Permit
❑ SP Jurisdiction ❑ SP ❑ Encroachment Permit
❑ Construction/Encroachment
on Federal Lands
❑ Federal Agency with ❑ Encroachment Permit
Jurisdiction
® Construction/Encroachment ® Bureau of Indian Affairs ® Right of Way Permit
On Indian Trust Lands
❑ Farmlands
Check one.
❑ CIA ❑ Caltrans ❑ Approval
❑ Technical Memorandum ❑ Caltrans ❑ Approval
❑ Discussion in ED Only ❑ Caltrans ❑ Approval
Check as applicable.-
❑ Form AD 1006 ❑ NRCS ❑ Approves Conversion
❑ CDOC ❑ Approves Conversion
❑Conversion to Non-Agri Use ❑ ACOE
Page 6-74
May 30,2008 LPP 08-02
92
Exhibit 6-A
Assistance Procedures Manual
Preliminary Environmental Study(PES)Form
B. Required Technical Studies C. Coordination D. Anticipated Actions/Permits/
and Analyses Approvals
® Cultural Resources
(PQS completes this section) This section is to be completed by Caltrans PQS.The
input is only for information for this work proposal.
Check as applicable:
❑ Caltrans PQS ❑ Screened Undertaking
® APE Map ® Caltrans PQS and DLAE ® Approves APE Map
® Local Preservation Groups ® Provides Comments Regarding Concerns
and/or Native American with Project
Tribes
® FIPSR ® Caltmns ® Approves for Consultation
® ASR
❑ FIRER
❑ Finding of Effect Report ❑ Caltrans ❑ Concurs on No Effect,No Adverse Effect
with Standard Conditions
❑ SFIPO ❑ Letter of Concurrence on Eligibility,No
Adverse Effect without Standard
❑ MOA ❑ Caltrans ❑ Approves MOA
❑ SHPO ❑ Approves MOA
❑ ACHP(if requested) ❑ Approves MOA
® Permits
Copies of permits and a list of ® ACOE ® Section 404 Nationwide Permit
mitigation commitments are ❑ ACOE ❑ Section 404 Individual Permit
mandatory submittals following ❑ Caltmns/ACOE/EPA ❑ NEPA/404 Integration MOU
NEPA approval. ❑ USFWS
❑ NOAA Fisheries
❑ ACOE ❑ Rivers and Harbors Act Section 10 Permit
❑ USCG ❑ USCG Bridge Permit
® RWQCB ® Section 401 Water Quality Certification
® CDFG ® Section 1602 Streambed Alteration
Agreement
® RWQCB ® NPDES Permit
❑ CCC ❑ Coastal Zone Permit
❑ Local Agency
❑ BCDC ❑ BCDC Permit
Notes: Additional studies may be required for other federal agencies.
Pace 6-76 of abbreviation of technical studies and terms is
intentionally deleted to fit the proposal page limit.
Page 6-75
LPP 07-07 November 20,2007
93
Exhibit 6-A
Assistance Procedures Manual
Preliminary Environmental Study(PES)Form
E. Preliminary Environmental Document Classification (NEPA)
Based on the evaluation of the project,the environmental document to be developed should be:
Check one:
❑ Environmental Impact Statement(Note:Engagement with participating agencies in accordance with SAFETEA-L U
Section 6002 required)
❑ Compliance with SAFETEA-LU Section 6002 regarding Participating Agencies required
❑ Complex Environmental Assessment
® Routine Environmental Assessment
❑ Categorical Exclusion without required technical studies.
❑ Categorical Exclusion with required technical studies
(if Categorical Exclusion is selected,check one of the following):
❑Section 6004
❑ 23 CFR 771 activity(c)(_)
❑ 23 CFR 771 activity(d)(3)
❑ Activity_listed in the Section 6004 MOU
❑ Section 6005
F. Public Availability and Public Hearing
Check as applicable:
❑ Not Required
® Notice of Availability of Environmental Document
® Public Meeting
❑ Notice of Opportunity for a Public Hearing
❑ Public Hearing Required
G. Signatures
Local Agency Staff and/or�Clonsultant Signature
' �" 4 ,, ��� August 29,2011 (949)333-6600
(Signature ofPreparer) (Date) (Telephone No.)
Mari Piantka
(Name)
Local Agency Project Engineer Signature
This document was prepared under my supervision,in accordance with the Local Assistance Procedures Manual,
Exhibit 6-B,"Instructions for Completing the Preliminary Environmental Study Form"
FPage 6-78 of Caltrans District Professionally Qualified Staff(PQS)and
DLAE signatures is intentionally deleted to fit the proposal page limit.
(Signature of Local Agency) (Date) (Telephone No.)
Page 6-77
LPP 07-07 November 20,2007
94
Vista Chino Low Water Crossing Bridge Replacement Preliminary Environment Study(PES)
PROJECT DESCRIPTION
The City of Palm Springs(City), in coordination with the California Department of Transportation (Department), is proposing to replace the
existing low water crossing along Vista Chino at the Whitewater River with a bridge in the City of Palm Springs, County of Riverside,
California.The new bridge would replace the existing roadway which is currently a low water crossing.The purpose of the proposed project is
to improve traffic circulation and emergency access within Palm Spring and Cathedral City during flood events.
The winter storms of December 29 and 30,2004 and January 10 and 11,2005 caused the complete closure of Vista Chino at the Whitewater
River, resulting in severe disruption of traffic circulation into and out of the City. Additional road closures occurred in July 20 and 22 and
August 8 and 11,2008 due to flooding.The project would provide an all-weather crossing for Vista Chino across the Whitewater River to
allow uninterrupted access into and out of Palm Springs when flooding and debris flows occur.The flooding at the Whitewater River causes
the closure of this and two other at-grade crossing (Gene Autry Trail and Indian Canyon Drive) in the City. The project would therefore
improve traffic circulation and emergency access within Palm Springs and Cathedral City during flood events.
The new bridge structure would be approximately 94 feet wide consisting of a 76-foot wide roadway with four 12-foot wide lanes separated by
a 12-foot wide median, eight-foot wide shoulders, and six-foot wide sidewalks along either side. The proposed bridge span would be
approximately 2,600 feet along the existing Vista Chino crossing at the Whitewater River between an existing concrete lined flood control
levee on the west bank and an existing berm levee on the east bank.The proposed bridge structure would either be precast concrete girder
or cast-in-place concrete box girder supported on multiple-column piers.The bridge cross-section would be consistent with the City's cross-
section for a major thoroughfare which is the current classification of Vista Chino in the City's Circulation Element of the General Plan.The
new hardscape with roadway and bridge improvements would be approximately 100 feet west of Clubhouse View Drive to 400 feet east of the
east levee. In addition,there would be striping and signage work beyond the hardscape limit from Gene Autry Trail to Carmelo Drive. The
total project limits would be approximately 4,950 feet.The proposed project would also require the relocation of other utilities located within
the roadway right-of-way.
New right-of-way, including both temporary construction easements(TCEs)and permanent easements would be potentially located on the
parcels located along both sides of Vista Chino to the east and west of the Whitewater River. Permanent easements from the following
assessor parcels would likely be needed to accommodate the new bridge: north of Vista Chino: 6770040030, 677040031, 677030030,
677183018; south of Vista Chino:677250055, 677250059, 677250057, 677250065, 677250025, and 675040004. Three existing billboards
located north of Visa Chino would likely lose visibility as a result of the new bridge and would likely be relocated as part of the project.TCE
and permanent easement on Indian Lands need to be processed through the Bureau of Indian Affairs (BIA). A construction staging area
would also be potentially located north of the roadway in the Whitewater River,east of Executive Drive(Assessor Parcel Number 67740030).
The disposal site for the proposed project, if needed, would be selected by the contractor. Any environmental clearances related to the
disposal site would be obtained by the contractor prior to construction.
The proposed project is included in the 2008 Regional Transportation Plan as project ID 3A01CV095 and the 2011 cost-constrained Federal
Transportation Improvement Program (FTIP) (federal approval date of December 14, 2010) as project ID RIV090405. The project as
proposed is consistent with the 2011 FTIP description. (Project description to be refinedtfinalized once preliminary design has been
completed.)
PRELIMINARY ENVIRONMENTAL STUDY FORM RESPONSES
General
1. Will the project require future construction to fully utilize the design capabilities included in the proposed project? The
proposed project,as designed,would provide the following of potential traffic-related,environmental,and safety-related benefits,without
future construction:
• Providing an all-weather crossing for Vista Chino across the Whitewater River to allow uninterrupted access into and out of
Palm Springs when flooding and debris flows occurs within the Whitewater River,
• Improved emergency access into and out of the City during flood events within the Whhewater River which cause the other
two at-grade crossings in the City to be closed;and,
• Decrease in delays and improved travel time along Vista Chino and Ramon Road,which is used an alternative route during
flooding events when Vista Chino is closed.The decrease in delays and improved travel time reduces travel cost.
The proposed project would be able to function independently, and would not require future construction to fully utilize the design
capabilities included in the proposed project.
2. Will the project generate public controversy?No known public controversy exists regarding the proposed project.There is no reason
to expect substantial public interest in the project from a community standpoint based on potential environmental effects.The proposed
project is expected to provide a number of potential traffic-related and safety-related benefits to the community.It is anticipated that any
local interest in the environmental impacts of the project would be primanly related to typical concems related to roadway improvements
projects such as visual and noise impacts for residents located immediately adjacent to the project alignment.
Noise
3. Is the project a Type I protect as defined in 23 CFR 772.5(h); "construction on new location or the physical alteration of an
existing highway,which significantly changes either the horizontal or vertical alignment or increases the number of through-
traffic lanes'? According to 23 CFR 772.5(h), a Type I project involves"construction on new location or the physical alteration of an
existing highway which significantly changes either the horizontal or vertical alignment or increases the number of through-traffic lanes."
The proposed project induces the construction of a new bridge that could potentially be approximately 15 to 20 feet higher than the
existing roadway.This would alter the vertical alignment of the roadway,thus the proposed project would be a Type I project.
4. Does the project have the potential for adverse construction-related noise impact (such as related to pile driving)? The
proposed project will likely involve pile driving during construction. This type of work would be limited in duration;however,this will be
further evaluated and addressed in the Noise Study Report.
Air Qualrtv
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5. Is the project in a National Ambient Air Quality Standards non-attainment or maintenance area? The proposed project is located
in the Salton Sea Air Basin(SSAB). As shown below,the State of California has designated the SSAB as being a nonattainment area
for ozone (03) and particulate matter (PM,,) and is unclassified for particulate matter (PM25). At the federal level, EPA has also
designated this area as being a nonattainment area for 03 (eight-hour standard) and PM,,. Criteria pollutant PM25, CO, and NO2 are
classified as unclassified/attainment,while SO2 is unclassified.
Selected Criteria Pollutants:Attainment Status for the Salton Sea Air Basin(SSAB)
Status
Pollutants Federal State
%(one-hour standard) — Extreme Nonatainment
03(eight-hour standard) Nonattainment,Severe-15 —
PM10 Serious Nonattainment Nonattainment
PM25 Undassified/Attainment Unclassified
CO Undassified/Attainment Attainment
NO2 Undassified/Altainment Attainment
SO2 Attainment Attainment
httpJAvww.arb.m.gov/desig/adnVadm.htm
6. Is the project exempt from the requirement that a conformity determination be made? (If "Yes,' state which conformity
exemption in 40 CFR 93.126,Table 2 applies). Yes,the proposed project is exempt from the requirement to determine conformity
under the Safety heading in 40 CFR 93.126(Projects that correct,improve,or eliminate a hazardous location or feature).
Some short-term air quality impacts could occur during construction.The Department's policy to reduce construction-period emissions by
the greatest extent feasible is to require implementation of effective and comprehensive control measures,as identified below:
Combustion Exhaust Emissions
The proposed project would conform to Department construction requirements,as specified in the Department's Standard Specifications
Section 7-1.01 F(Air Pollution Control),which states:"The Contractor shall comply with all air pollution control ordinances and statutes
which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances and
statutes,specified in Section 11017 of the Government Code."
Fugitive Dust Emissions
SCAQMD Rule 403(Fugitive Dust)requires that fugitive dust control measures be applied to all construction projects in the SCAB and
SSAB, unless the project is specifically exempted by the rule. Construction projects that are classified as "large operations" (i.e., 20
hectares[50 acres]or larger)are required to submit a fully executed Large Operation Notification Form(Form 403 N)to the Executive
Office of the SCAQMD within seven days of qualifying as a large operation and to maintain daily records to document the specific control
actions taken. The control measures incorporated in the Rule are available in a Rule 403 Implementation Handbook. The proposed
project,although not a large operation under the Rule's definition,would be required to implement mitigation measures for each source
of PM10 emissions,as specified in the Rule,and attached to this PES.
The implementation of exhaust and fugitive dust emission control measures identified above would avoid and/or minimize such
emissions by the greatest extent feasible, and no additional measures are necessary. This will be documented in an air quality
memorandum that will address the potential for construction period impact.
7. Is the project exempt from regional conformity? (If "Yes," state which conformity exemption in 40 CFR 93.127, Table 3
applies). Not applicable based on response to Question 6.
8. If project is not exempt from regional conformity?(If"No"on Question•7). Not applicable based on response to Question 6.
Hazardous Materials/Hazardous Waste
9. Is there potential for hazardous materials (including underground or aboveground tanks, etc.) and/or hazardous waste
(including oillwater separators, waste oil, asbestos-containing material, lead-based paint, ADL, etc.) within or immediately
adjacent to the construction area? Based on a review of readily available database information, it is not anticipated that any
hazardous materials or waste sites would be impacted by the proposed project as no known sites were identified within limits of
disturbance for the proposed project and it is not anticipated that the project would impact groundwater. A review of the California
Department of Toxic Substances'EnviroStor database revealed that the nearest site that contains potential contaminants of concern is
the former Palm Springs Army Air Field located one mile southwest. This property is known or suspected to contain military munitions
and explosives of concem.Most of the site is now occupied by the Palm Springs Regional Airport.The former Palm Springs Landfill also
contains hazardous wastes or contaminants of concem and is located at the Intersection of Gene Autry Trail and Ramon Road;
approximately 10,000 feel south of the project site.The Initial Site Assessment(ISA)that is prepared for the proposed project will further
evaluate the potential for hazardous malerialstwaste concerns related to the proposed project.
Water Quality
10. Does the project have the potential to impact water resources(rivers,streams,bays,inlets,lakes,drainage sloughs)within or
immediately adjacent to the project area? The project area is located within a portion of the Whitewater River Channel. The Water
Quality Assessment that is prepared for the proposed project will further evaluate the potential for impacts to water resources and water
quality.
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11. Is the project within a designated sole-source aquifer?The designated sole-source aquifers in California are located in the counties
of Fresno, Santa Cruz, Butte, and Imperial. The proposed project is located in Riverside County and not near any of California's
designated sale-source aquifers.
Coastal Zone
12. Is the project within the State Coastal Zone,San Francisco Bay,or Suisun Marsh? The State Coastal Zone is designated as the
coastal area that is generally located within one mile of the Pacific Coast.The project area is considerably further from the coast and not
within an area regulated by the State Coastal Zone Management Agency(SCZMA).
Floodplain
13. Is the construction area located within a regulatory floodway or within the base floodplain (100-year) elevation of a
watercourse or lake?The proposed project is included on the Federal Emergency Management Agency(FEMA)Flood Insurance Rate
Map(FIRM)numbers 06065C1576G and 06065C1557G both dated August 28,2008 for Riverside County, California and Incorporated
Areas.The proposed project is located in Zone AE, which is a"Special Flood Hazard Area Subject to Inundation by the One Percent
Annual Chance [100-year] Flood"The proposed project is also located within the FEMA-designated floodway. The floodway is the
channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance(100-year)
flood can be carried without substantial increases in flood heights.The potential for the project to result in impacts to the floodplain will
be evaluated in the Location Hydraulic Study(LHS)that is prepared. Depending on the results of the LHS either a Summary Floodplain
Encroachment Report or Floodplain Evaluation Report will be prepared.
Wild and Scenic Rivers
14. Is the project within or immediately adjacent to a Wild and Scenic River System?There are no wild and scenic rivers located in or
adjacent to the study area according to the Wild and Scenic River System list that is maintained by the National Park Service.
Bioloaical Resources
15. Is there a potential for federally listed threatened or endangered species, or their critical habitat or essential fish habitat to
occur within or adjacent to the construction area?
The proposed project straddles the boundary of land owned and operated by the Coachella Valley Water District(CVWD),City of Palm
Springs, and Agua Caliente Band of Cahuilla Indians (Tribe). The CVWD and City portions of land are within the Coachella Valley
Multiple Species Habitat Conservation Plan(CVMSHCP)Area,and are not within an established Conservation Area.The Tribal land is
within the Agua Caliente Tribal Habitat Conservation Plan (ACTHCP)Area, and is identified as the Section 6 Target Acquisition Area,
which holds the highest priority of lands to be acquired for conservation by the Tribe. The portion of Section 6 adjacent to the project
area has been designated by the Tribe as a Fluvial Sand Transport Process Area (FSTPA).As the project area is located immediately
downstream of the FSTPA, all natural flows within the project area must be conveyed downstream without impeding the natural fluvial
sand transport process.
A review of the California Natural Diversity Database and California Nation Plant Society database was performed. Federally listed and
stale sensitive species that have the potential to occur on or adjacent to the project site include: Palm Springs round-tailed ground
squirrel, Palm Springs pocket mouse, pallid San Diego pocket mouse; desert tortoise; Coachella Valley fringe-toed lizard; flat-tailed
horned lizard,Coachella Valley milk-vetch,burrowing owl,Crissal thrasher,and Le Conte's thrasher.The potential for impacts to these
species will be further documented in the Natural Environment Study(NES)that would be prepared for the project.
16. Does the project have the potential to directly or indirectly affect migratory birds,or their nests or eggs (such as vegetation
removal,box culvert replacementlrepair,bridge work,etc.)? The Migratory Bird Treaty Act(MBTA)makes it unlawful at any time,by
any means or in any manner,to pursue,hunt,take,capture,or kill migratory birds.The law applies to the removal of nests as well as the
abandonment of nests occupied by migratory birds during the breeding season. Due to the presence of vegetation and trees within and
adjacent to the identified limits of disturbance for the proposed project there is the potential for impacts to migratory and nesting birds
during construction activities.This would be further evaluated and addressed in the NES that is prepared for the proposed project. It is
anticipated that tree and vegetation removal associated with project would occur outside of the bird breeding season. If tree removal
would occur during the bird breeding season(February 15 through August 15),a pre-construction nesting bird survey shall be conducted
prior to any ground disturbance or vegetation removal.
17. Is there a potential for wetlands to occur within or adjacent to the construction area? The project area is located within a portion
of the Whitewater River Channel,as a result there is the potential to encounter areas that meet the federal definition of a wetland.The
potential for wetlands to occur within or adjacent to the project, and the potential for the project to affect wetlands, will be confirmed
during the detailed field evaluation performed as part of the NES and Jurisdictional Delineation.
18. Is there a potential for agricultural wetlands to occur within or adjacent to the construction area? The project area is located
within a portion of the Whitewater River and as a result there is the potential to encounter areas that meet the federal definition of a
wetland. However,based on a preliminary review of the project site it is not anticipated that any federal wetlands or agricultural wetlands
would be present within the project footprint. The potential for agricultural wetlands to occur within or adjacent.to the project, and the
potential for the project to affect agncltural wetlands,if any,will be confirmed during the field evaluation performed as part of the NES
and Jurisdictional Delineation Report.
19. Is there a potential for the introduction or spread of invasive plant species? During construction there would be the potential for
the spread of invasive species through introduction from construction equipment and other outside sources. Standard Department
construction best management practices(BMPs)would be implemented during construction to limit the potential for the introduction or
spread of invasive species.This will be addressed in the NES that is prepared.
Sections 41fl and 61f1
20. Are there any historic sites or publicly owned public parks,recreation areas,wildlife or waterfowl refuges(Section 4[11)within
or immediately adjacent to the construction area? It is not anticipated that any Section 4(f) resources would be impacted by the
proposed project as no publicly owned parks or recreation areas,wildlife or waterfowl refuges,or known historic sites are located within
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or immediately adjacent to the proposed project site.The Desert Princess Golf and Country Club is located east of the project site.The
golf course is privately owned and operated;therefore,the provisions of Section 4(f)are not triggered.
21. Does the project have the potential to affect properties acquired or improved with Land and Water Conservation Fund Act
(Section(i funds? No parks are located within or adjacent to the proposed project site. No properties acquired with Land and Water
Conservation Fund(Section 6(0)funds would be impacted by the proposed project.
Visual Resources
22. Does the project have the potential to affect any visual or scenic resources?The project vicinity consists of an existing roadway
(Vista Chino),and the Whitewater River is located north and south of the roadway.The Whitewater River is considered as valuable open
space and community resource in the City's General Plan. Land uses adjacent to the project site consist of a mini storage unit in the
northwest quadrant, residential in the southwest quadrant, residential in the northeast quadrant, and a private golf course and golf
course community in the southeast quadrant.A Visual Impact Assessment Guide was completed for the proposed project. Based on a
preliminary review of the project site and the information known about the project area the proposed project received a scope of 20.
Based on these results a fully developed Visual Impact Assessment,that meets or exceeds FHWA requirements,is anticipated for the
proposed project. Where feasible the project would provide architectural elements on the new structure.This will be further addressed in
the Visual Impact Assessment that is prepared.
Relocation Impacts
23. Will the project require the relocation of residential or business properties?The proposed project would potentially relocate three
billboards that are located north of Vista Chino in order to accommodate the new bridge structure. Impacts will be further addressed in
the environmental document that is prepared.
Land Use.Community.and Farmlands Impacts
24. Will the project require any right of way, including partial or full takes? Consider construction easements and utility
relocations. The proposed project would not require full acquisition of properties;however,permanent easements to accommodate the
new bridge width would most likely be required on the following parcels:
North of Vista Chino:6770040030,677040031,677030030,677183018
South of Vista Chino:677250055,677250059,677250067,677250066,677250025,675040004
A temporary construction easement would be needed for a construction staging area to be located on parcel 67740030, located in the
northwest project area.In addition,the project would potentially relocate three billboards that are located north of Vista Chino in order to
accommodate the new bridge structure. Impacts to the surrounding neighborhood will be further evaluated in the environmental
document that is prepared.
25. Is the project inconsistent with plans and goals adopted by the community? The City of Palm Springs 2007 General Plan
Circulation Element classifies Vista Chino as a major thoroughfare,which is described as a roadway that"Serves mostly through-traffic
with some local access allowed;on-street parking may be allowed on some streets.Typically four or more lanes,these roadways form
the basic element of the City's circulation system,connecting Palm Springs to regional highways and tying together different areas of the
City. Landscaped medians may be provided on major thoroughfares to maintain an acceptable level of service, to serve as a safety
mechanism, and also to provide beautification features for the City."The proposed project would be consistent with plans and goals
adopted by the community.The proposed project is consistent with the goals that are induced in the City of Palm Springs General Plan
Circulation Element. Specifically it meets the following goal:
• Policy CR25- Construct all-weather bridge crossings along Indian Canyon Drive, Gene Autry Trail, and Vista Chino and the
Whitewater River to reduce traffic problems caused by flooding and blowsand.
Consistency with plans adopted by the community will be further evaluated further in the environmental document that is prepared for the
proposed project.
26. Does the project have the potential to divide or disrupt neighborhoods/communities? The proposed project would be constructed
along an existing roadway and would not divide a neighborhood/community. The proposed project includes a sidewalk along both sides
of the bridge.Temporary detours and road closures may occur during construction,which could cause temporary disruptions within the
affected neighborhood.This will be evaluated further in the environmental document that is prepared for the proposed project.
27. Does the project have the potential to disproportionately affect low-income and minority populations? All projects involving a
federal action(funding, permit,or land)must comply with Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, signed by President Bill Clinton on February 11, 1994.This Executive Order directs
federal agencies to take the appropriate and necessary steps to identify and address disproportionately high and adverse effects of
federal projects on the health or environment of minority and low-income populations to the greatest extent practicable and permitted by
law.The proposed project is located within Census Tract 100,Block Group 2,located north and southeast of Vista Chino;Census Tract
446.04, Block Group 2 located south of Vista Chino, and Census Tract 449.04, Block Group 1 located northeast of Vista Chino. As
shown in the following table, the project area (defined as Census Tract 100, Block Group 2; Census Tract 446.04, Block Group 2;
Census Tract 449.04, Block Group 1)has a lower percentage of individuals identified as White than the City but a higher percentage
than reflected for the County.The percentage of individuals identified as Latino/Hispanic is lower for the project area than for the County
but higher than that reflected for the City.For all other groups(African-American,American Indian/Alaskan Native,Pacific Islander/Native
Hawaiian,and Other races/Ethnicities)the percentage within the project area are less than the percentages identified for the County and the
City,with the exception of individuals identified as Asian.
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Table 1. Existing Regional and Local Population Characteristics—Race/Ethnicity(2000)
Pacific
Latino/ American Islander/
Hispanic African- Indian/ Native Other
2000 White (of any American Asian Alaskan Hawaiian races/
Area Population N race)(%) N N Native(%) 1%) Ethnicities`
Riverside 1,545,387 51.26 36.21 5.98 3.57 0.66 0.21 0.16
County
City of Palm
Springs 42807 66.52 23.72 3.79 3.75 0.61 0.10 0A0
Project 5,773 57.32 32.57 3.12 4.33 0.42 0.12 0.016
Area`*
`For Census Tract level,data classified as"Some other race alone"applied
**Includes Census Tract 100,Block Group 2;Census Tract 446.04,Block Group 2;Census Tract 449.04,Block Group i
As shown in the following table the median household income for the Census tracts where the project is located(i.e.,Census Tract 100,
Block Group 2; Census Tract 446.04, Block Group 2; Census Tract 449.04, Block Group 1) is higher than that reflected for Riverside
County and the City of Palm Springs. Low income is defined based on the Department of Health and Human Services(DHHS)poverty
guidelines. For 1999 (commensurate with available income data), this was $16,700 for a family of four, and for 2011 (current), it is
$22,350. Therefore,the project area would not be considered a low income area as it is above the DHHS poverty guidelines.
Median Household Income
Census TrectlCily 1999 Median Household Income
Riverside County $42,887
City of Palm Springs $35,973
Project Area" $47,974
"Includes Census Tract 100,Block Group 2;Census Tract 446.04,Block Group 2;Census Tract 449.04,Block Group 1
Based on a comparative analysis of demographic(i.e. race and ethnicity)and income characteristics of the study area with that of the
City or County populations, the study area population is characterized as having a higher proportion of minority groups (i.e.,
Latino/Hispanic) when compared to the City and a higher proportion when compared to the County. The project area is also
characterized as having a higher median household income than the City and County.Based on the above discussion the project would
have a low probability of resulting in impacts per Executive Order 12898 regarding environmental justice.Therefore,it is anticipated that
the proposed project would not cause disproportionately high and adverse effects on any minority or low-income populations as per
Executive Order 12898 regarding environmental justice. In addition the proposed project would comply with Title VI of the Civil Rights
Act of 1964 and related statutes.This will be further addressed in the environmental document that is prepared for the proposed project.
28. Will the project require the relocation of public utilities? The proposed project would likely require the relocation of the following
utilities onto the bridge:Southern California Edison—electric lines;Sprint and Verizon—fiber optic lines;Time Warner—fiber optic cable
There is also a large diameter Riverside County Flood Control(RCFC)storm drain on the west bank that will likely need to be adjusted
to allow for construction of the bridge abutments.
The affected utilities shall be relocated in accordance with State law and regulations and County and City policies. There shall be
ongoing coordination between the City of Palm Springs,the affected agencies,and the utility companies in order to minimize potential
disruption of utility service.No adverse effects to public services are anticipated.
29. Will the project affect access to properties or roadways? Impacts to property and roadway access are not anticipated. Some
temporary detours or closures may occur, however, these would be short term in duration and would be addressed in the Traffic
Management Plan(TMP)that is prepared for the proposed project. This will be further evaluated further in the environmental document
that is prepared.
30. Will the project involve changes in access control to the State Highway System(SHS)? The proposed project would not result in a
change in access control.
31. Will the project involve the use of a temporary road, detour, or ramp closure? During construction the project proposes to
construct a temporary al-grade four lane roadway to the south of the existing crossing.Once constructed traffic will be relocated onto this
roadway so that the new bridge can be constructed. Once construction is completed the traffic will be relocated onto the bridge and the
temporary roadway will be removed. This will be further detailed in the environmental document that is prepared.
32. Will the project reduce available parking? The proposed project would not reduce available parking.
33. Will the project construction encroach on state or federal lands? The proposed project would not involve any encroachment on
state or federal lands.
34. Will the project convert any farmland to a different use or impact any farmlands?Through mapping maintained by the Natural
Resources Conservation Service/California Department of Conservation,it has been determined that the project area,which is located in
an urbanized area and does not meet the definition of farmland as defined in 7 CFR 658.The entire project area is defined as Urban and
Built-up Land and Other Land.Therefore,the provisions of the Farmland Protection Policy Act of 1984 do not apply.
Cultural Resources
35. Is there National Register listed, or potentially eligible historic properties, or archaeological resources within or immediately
adjacent to the construction area?(Note:Caltrans PIGS answers question#35) To be addressed by Caltrans FOS.
36. Is the project adjacent to,or would it encroach on Tribal land?The Ague Caliente Band of Cahuilla Indians(Tribe)owns the land
north of Vista Chino through the Whitewater River and south of Vista Chino to the east of the Whitewater River.
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�
_=7,_7Et ii eer—s Work Proposal
A5 — Discussion of Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP): The proposed
project straddles the boundary of land owned and operated by Coachella Valley Water District (CVWD), the City
of Palm Springs (City), and land owned by the Ague Caliente Band of Cahuilla Indians (Tribe). The CVWD and
City portions of land are within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP)
Area, and are not within an established Conservation Area. The Tribal land is within the Agua Caliente Tribal
Habitat Conservation Plan (ACTHCP) Area, and is identified as the Section 6 Target Acquisition Area, which
holds the highest priority of lands to be acquired for conservation by the Tribe. The portion of Section 6 adjacent
to the project area has been designated by the Tribe as a Fluvial Sand Transport Process Area (FSTPA). As the
project area is located immediately downstream of the FSTPA, all natural flows within the project area must be
conveyed downstream without impeding the natural fluvial sand transport process. The proposed project is a
covered activity under the CVMSHCP and ACTHCP.Applicable measures will be identified to ensure that the
proposed project design will be consistent with each individual Conservation Plan. The field studies will need to
be carefully orchestrated by biologists that understand the regulatory context of the project occurring within the
CVMSHCP Area and on Tribal lands, which ICF brings to the project. ICF has lead the biological effort for projects
occurring on Tribal lands and is also the Monitoring Program Administrator for the CVMSHCP. Although the
project is a covered activity under the ACTHCP, Section 7 Consultation with the U.S. Fish and Wildlife Service
(USFWS)would be required to comply with the Federal Endangered Species Act(FESA)for potential take of any
federally listed species on Tribal lands. This is due to the fact that as an Incidental Take Permit has not yet been
issued by the USFWS for areas/activities covered by the ACTHCP. The key biological resource issues for the
project are anticipated to be:
(1) federal/state jurisdictional water resources(Whitewater River);
(2) CVMSHCP consistency;
(3) ACTHCP consistency;
(4) FESA compliance;
• federally listed and state sensitive species - small mammals (Palm Springs round-tailed ground
squirrel);
• federally and state listed desert tortoise;
• federally and state listed Coachella Valley fringe-toed lizard;
• federal candidate flat-tailed horned lizard; and
• federally listed Coachella Valley milk-vetch
Based on our recent conversation with a planner with the Agua Caliente Band of Cahuilla Indians, for specific
guidance on facility sizing for storm events, pertaining to the Fluvial Sand Transport Process Area, there are no
specific sizing criteria for the length of bridge or culverts to transport water-borne sediment/sand across the
FSTPA. However it was reinforced in the discussion that as stated in Section 4.9.3.1(a) "All natural flows onto the
parcel must be conveyed offsite in the natural pre-disturbance direction of flow.This will ensure that disturbance
on the property will not impede water-bome sand transport across the parcel. In addition, water-bome sediments
and flood waters will not be allowed to be artificially retained on site."and "flood waters will not be allowed to be
artificially retained on site."This leaves this section somewhat open to interpretation, but it's our general feeling
that any changes to the facility would be required to convey the storm events that are currently being conveyed by
the existing facility. Future coordination with the Tribe will be necessary to clarify this issue as it affects the
engineering alternatives, the length of the proposed bridge, and the required environmental mitigation.
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Work Proposal
SECTION B: SCOPE OF WORK
B1 —Types of environmental documents and technical environmental studies that will be required for the
project and the technical environmental studies that have been excluded from the scope: It is assumed in
this technical approach that the environmental document for the proposed project would be a joint document that
would meet the requirements of NEPA and CEQA with Caltrans as the NEPA lead agency, as delegated by
FHWA, and the City as the CEQA lead agency. It is assumed that any impacts identified during development of
the NEPA/CEQA document would not be adverse under NEPA and would be less than significant under CEQA
(though mitigation may be required). Under this assumption the environmental document to be prepared would
likely be an Initial Study / Environmental Assessment (IS/EA) followed by a Mitigated Negative
Declaration/Finding of No Significant Impact (MND/FONSI). Since the project is located partially within ACBCI
Tribal lands, early and continuous coordination with the Tribe will be critical. Although this approach has assumed
an IS/EA there is a distinct possibility that a Section 6005 NEPA Categorical Exclusion could be appropriate for
the proposed project. The use of a NEPA CE will be fully discussed with the City and then Caltrans at the outset
of the project. Under this approach it is likely that the technical studies would be prepared first and once the
findings of those studies are complete a determination of the applicability of approving a NEPA CE for the project
would be pursued. If a NEPA CE were determined to be applicable then a CEQA IS/MND for City
review/approval/adoption, rather than a joint IS/EA, would be prepared. Based on our similar project at Cathedral
Canyon Drive Low Water Crossing Bridge Replacement Project in Cathedral City and depending on the
environmental mitigations, Caltrans may designate routine EA as the appropriate environmental document
although NEPA CE could be granted after review and approval of all environmental technical studies.
To support the findings in the IS/EA, or IS/MND/CE, several technical studies are anticipated to be required. The
technical studies are anticipated to include a Historic Property Survey Report (including an Area of Potential
Effects [APE] map, and Archaeological Survey Report), Natural Environment Study (including a Jurisdictional
Delineation Report), Water Quality Study, Initial Site Assessment, Noise Study Report (this is assumed to be
required due to the change in vertical alignment), Location Hydraulic Study (followed by a Summary Floodplain
Encroachment Report or Floodplain Evaluation Report), Visual Impact Assessment, and Air Quality Technical
Memorandum (to address air quality during construction only since there is no increase in traffic capacity); in
addition, it is assumed that a separate Community Impact Assessment (CIA)would not be required if an IS/EA is
prepared and that this information would be directly incorporated into the IS/EA. If a NEPA CE is determined at
the outset to be a likely outcome for the project then a CIA would likely be prepared to support the CE as the
information necessary for inclusion in an EA would not otherwise be available since an EA would not be prepared.
In terms of geology, approximately two-thirds of the study corridor is underlain by Pliocene to Holocene alluvium,
which is generally characterized as having high paleontological sensitivity. Therefore, it is assumed that a
Paleontological Identification Report/Paleontological Evaluation Report will be required; potentially followed by a
Paleontological Mitigation Plan. This will be confirmed through the paleontological records search that is
performed for the proposed project.
Although the above technical studies would be prepared, some of the more critical items will be the cultural
resources, biological resources, water quality assessment, and floodplain evaluations. The proposed project
improvements will be subject to compliance with Section 106 of the National Historic Preservation Act. Caltrans
administers Section 106 compliance on behalf of FHWA and requires that documentation conform to
specifications contained in the SER and the Section 106 Programmatic Agreement (PA). Prehistoric cultural
resources may be present in the project area, given the proximity to the Whitewater River.These resources will be
located, recorded, and evaluated. ICF has completed numerous highway projects in the Mojave and Colorado
Deserts, involving Caltrans review and approval of Section 106 and other documents, such as the State Route 79
Widening project, the Interstate 215 Bi-County HOV Lane Gap Closure Project, and the Interstate 215 Widening
project, as well as numerous Local Assistance projects.A major section of the project study limits is part of the Agua
Caliente Indian Reservation and territory of the Agua Caliente Band of Cahuilla Indians, a federally recognized Native
American tribe.Coordination with the Tribe will be required prior to project activities on Agua Caliente reservation
land. Because of the govemment-to-government relationship that exists between Agua Caliente and Caltrans, and
Caltrans responsibilities for Native American consultation under Section 106, Caltrans is tasked with contacting the
Agua Caliente band and implementing project activities on the reservation.Consultation will be conducted in
coordination with Caltrans and in accordance with appropriate and current state and federal regulations. ICF staff
will provide site records, maps, draft documents and other resources as requested by Caltrans for this consultation.
ICF cultural staff has excellent relations with the Agua Caliente Band of Cahuilla Indians, having contacted the tribe on
several occasions regarding other highway and road projects. Cultural resources work on the reservation may require
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Native Amencan participation or monitoring, activities which ICF staff have coordinated many times for other cultural
projects.As a recent example, ICF provided coordination with Native Americans for the Belardo Road Improvement
Project in City of Palm Springs on land within the Aqua Caliente Indian reservation. ICF wrote the Finding of Effect
document(FOE)for the National Register listed Tahquitz Canyon site, which was reviewed and approved by Caltrans
and the Aqua Caliente Band's Tribal Historic Preservation Officer(THPO).The THPO then prepared the Tribes final
plans for cultural resources mitigation using the ICF FOE document.For the Vista Chino project early coordination with
the Tribe will be critical so that their role and involvement in the environmental process can be agreed upon and
documented.
Some environmental technical studies are excluded from the scope of work, and their reasons are detailed in the
discussion following the PES in Paragraph A4.
B2— Environmental Permit and the Permitting Process: The required permits listed in the PES include ACOE
Section 404 Permit, RWQCB Section 401 Water Quality Certification and CDFG Section 1602 Streambed
Alteration Agreement. The project also requires various encroachment permits and RWQCB NPDES Permit when
the low bid contractor is identified.
FESA Compliance:The project is located in an area with potential for several federally listed species to occur. If
federally listed species are found to be present at the project site based on focused surveys, take authorization
must be obtained from the United States Fish and Wildlife Service (USFWS), under Section 7 of the federal
Endangered Species Act(FESA).A Biological Assessment(BA)will be developed for the proposed project, which
will identify the potential impacts to federally listed species, resulting from constructing the project. As federal
Lead Agency, formal Section 7 Consultation with USFWS will be initiated by Caltrans. Upon initiation, formal
Section 7 Consultation, led by Caltrans, is anticipated to conclude within 90 days, at which time USFWS has an
additional 45 days to complete a Biological Opinion. A Biological Opinion must be obtained and included as a
portion of the Final Environmental Document.
Aqua Caliente Band of Cahuilla Indians Tribal HCP Compliance and Conditional Use Permit The project is listed
as a Covered Activity under section 4.2 of the Agua Caliente Band of Cahuilla Indians Tribal Habitat Conservation
Plan (ACTHCP). A portion of the project is located within the Section 6 Target Acquisition Area (Section 6) of the
ACTHCP. Section 6 has been designated as the highest priority of all lands to be acquired for conservation by the
Tribe. The portion of Section 6 adjacent to the project area has been designated by the Tribe as a Fluvial Sand
Transport Process Area(FSTPA). Per section 4.9.2 of the ACTHCP, as a Covered Activity located within Section
6, a Conditional Use Permit (CUP) must be obtained from the Tribe, for the project.To ensure compliance as a
Covered Activity of the ACTHCP, and to receive the required CUP the project must comply with specific design
and mitigation standards outlined by sections 4.9.3.1-4.9.3.3, as applicable. Early coordination with the Tribe is
encouraged, to streamline the CUP process.
Coachella Valley Multiple Species Habitat Conservation Plan Compliance The project is listed as a Covered
Activity under section 7.2.3 of the Coachella Valley Multiple Species Habitat Conservation Plan (CV MSHCP). To
ensure compliance as a Covered Activity of the CV MSHCP, the project must comply with all applicable
avoidance, minimization, and mitigation standards outlined by section 4.4 of the plan.
USACE CWA Section 404 Permit.A Preliminary Jurisdictional Delineation (PJD) will be submitted to the United
States Army Corps of Engineers (USACE), characterizing and quantifying jurisdictional areas with potential to be
impacted by the project. A Nationwide 404 Permit (NWP) 14 will likely be applicable for project impacts under
Section 404 of the federal Clean Water Act(CWA). A Pre-construction Notification will be included with the PJD.
Authorization for use of NWP 14 will ultimately be determined by USACE.
Although areas meeting the federal 3-parameter definition of a wetland are not anticipated to occur within the
project area, as this reach of the Whitewater River typically carries ephemeral flow, it should be noted that if
wetlands are concluded to be present at the project site, these areas would be designated as a Special Aquatic
Site, under USACE 2007 Los Angeles District Regional Condition 2.
If project impacts to junsdictional waters exceed the USACE NWP thresholds, were to impact a Special Aquatic
Site, or if the District Engineer determines that the project would result in a significant adverse impact to the
aquatic environment, then an Individual Permit (IP) would be required. The average processing time for an IP
from the USACE is currently 6 to 8 months,from the time of submittal of a complete application.
U.S. EPA and SWRCB Section 401 Water Quality Certification As the project involves lands owned by the Agua
Caliente Band of Cahuilla Indians, impacts subject to Section 401 of the CWA taking place on Tribal land would
be regulated by the U.S. Environmental Protection Agency(EPA). Impacts within the City of Palm Springs portion
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of the project would be regulated by the State Water Resources Control Board (SWRCB). A written request for
401 Water Quality Certification (401) will be prepared and submitted to the EPA and SWRCB for review and
issuance of the 401.A 401 is expected to be issued within 60-90 days of completion of the CEQA process, or
submittal of a complete application,whichever occurs latest.
CDFG 1602 Streambed Alteration Agreement: A §1602 Streambed Alteration Agreement (SAA) will be required
by the California Department of Fish and Game (CDFG) for work within the Whitewater River channel. Areas
under CDFG jurisdiction, per Sections 1600-1624 of the California Fish and Game Code, will be characterized
and quantified, appropriate mitigation measures will be developed for the project, and a formal Streambed
Alteration Notification package will be submitted. CDFG has 30 days from the receipt of a Notification to
determine if the application is complete. Once an application is deemed complete, a 1602 Streambed Alteration
Agreement is expected to be entered by CDFG and the City of Palm Springs within 60 days
B3 — Technical Scope of Work: The proposed project is to replace the existing 4-lane Vista Chino low water
crossing at Whitewater River with a 4-lane bridge with a curb-to-curb roadway width of 76 feet and two 6 feet wide
sidewalks. The new hardscape with roadway and bridge improvements would be approximately from 100 feet
west of Clubhouse View Drive to 400 feet east of the existing east levee while the striping and temporary traffic
control limits may be from Gene Autry Trail to Carmela Drive. The total project limits would be approximately
4,950 feet. It is assumed that the joint CEQA/NEPA document will be Initial Study/routine Environmental
Assessment (IS/EA) that leads to the determination of Mitigated Negative Declaration/Finding of No Significant
Effect (MND/FONSI). Up to two Build Alternatives will be addressed in the environmental technical studies and
environmental document.
Task 1.0-Project Management
1.01 Project Administration and Project Controls: Project administration will be conducted to ensure timely progress
reporting, billing, accurate project record keeping, monitoring of costs, progress, deliverables and adherence to quality
standards. Appropriate administration measures will be taken to control schedule, documents, invoicing and cost.
(Deliverables)monthly progress reports,schedules updates,document logs,and monthly invoices
1.02 Meetings and Coordination: This task will include general management and coordination among the City, CNS Team,
jurisdictional agencies, and other key stakeholders. Project meetings will be conducted to maintain good project
communication in purposeful and concise meetings. Project coordination will be established by frequent progress meetings.
Monthly Project Development Team(PDT)meetings in the City Hall or by conference calls will be conducted.
A meeting agenda will be always prepared in advance.All action items listed in the meeting minutes shall be reviewed in every
meeting. Other typical procedures including preparing monthly progress report; establishing design criteria; posting project
issues to all individuals; conducting biweekly progress review for all engineering plans and reports; mitigating all independent
check and review comments; clearing communication lines to maintain the project schedule. The fee has been established
based on twenty four(24) PDT meetings. Project Manager and appropriate key task managers will attend the meetings as
follows: CNS — 24 meetings; ICF — 30 meetings; AEI-CASC — 17 meetings and 20 hours of project coordination; DEA — 5
meetings;Terra Nova—6 meetings; KOA—6 meetings;OPC—6 meetings.
(Deliverables)meeting minutes
1.03 Quality Assurance and Quality Control:We will provide Quality Control and Quality Assurance(QC/QA)for all project
documents and plans to ensure that the project moves forward to delivery as quickly as possible. Upon project notice to
proceed, the QC/QA procedures will be clearly outlined for the project team by the Quality Audit Coordinator. These
procedures will include check lists for plan preparation, a-file sharing procedures and document controls, independent reviews
by senior staff. We will review the various progress and 30% design and environmental documents to make sure that the
design is consistent with the funding requirements so that the review and approval process is expedited.We will make sure all
right-of-way acquisitions;easements;and utility relocation for the project are reasonable and efficient.
(Deliverables)a quality control and quality assurance plan
1.04 Local Assistance Funding/Programming Supports:We will assist the City in preparing a funding document to request
change of the project scope, cost and schedule in accordance with Caltrans Local Assistance Program Guidelines manual
when changes of the project elements are deemed necessary during the project development. We will provide technical
supports and attend up to three meetings with the City and Caltrans Local Assistance as required to discuss the funding
authorization matters. We will work with RCTC and CAVG to explore opportunities of using non-federal funds to financially
support Advance Construction to cash flow the high cost construction phase of the project. (Deliverables) a HBP funding
document to request change of project scope,cost and schedule.
Phase I—Project Approval and Environmental Document(PA&ED)
Task 2-Preliminary Engineering
2.01 Data Collection and Research:We will collect available existing reports,data, as-built plans,and information relevant to
the project from the City of Palm Springs, Coachella Valley Water District(CVWD), Riverside County Flood Control &Water
Conservation District(RCFC&WCD), and other stakeholders and agencies.
Drainage Research and Data Inventory:AEI-CASC will perform the following data research and coordination in support of the
hydrology, drainage, and floodplain study. AEI-CASC will gather and perform a thorough review of available drainage and
street plans, drainage studies, master drainage plans, design topographic maps, aerial photographs, and other plans and
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reports relevant to the drainage design of the project. This task also provides for performing and documenting the findings
obtained from interviews with CVWD, City of Palm Springs, and RCFC&WCD staff about drainage deficiencies and flooding
history in the study areas.
Right-of-Way Research and Data Collection: MSA will collect any available record drawings, survey control maps,
benchmarks, tract maps, parcel APN maps, and records of surveys, and title reports from the appropriate agencies. OPC will
provide the project team with the title reports.
(Deliverables)a document log showing all dada obtained from the agencies
2.02 Field Review and Site Assessment:We will conduct a field review meeting and a thorough site investigation with the
City. The field meeting will assist the Project Development Team in verifying information obtained in data collection and
research, documenting existing traffic signalization, underground and overhead utilities, signing and striping, drainage
conditions, flow patterns, existing site constraints and improvements in the project area, clarifying the project scope, and
identifying potential unforeseen issues that may cause delay to the project. (Deliverables)field review notes and a photo log
2.03 Surveying and Aerial Topographic Mapping: MSA will conduct field survey of Vista Chino and cross street
monuments; set aerial targets for mapping; fly and map both Vista Chino and the floodway limits at 40 scale, 1 foot contours;
field cross sections of Vista Chino within the project limits. (Deliverables)Aerial mapping of Vista Chino and the Floodway area
within the Whitewater channel, a color orthophoto image of Vista Chino, and surveyed points along Vista Chino for use in
alternative studies, GAD and Preliminary Stage Construction Plan design and hydrology analysis. (Deliverables) a base map
and a color orthophoto
2.04 Right of Way (RIW)Research and Base Mapping: MSA will research RAN documents at both Cities of Palm Springs
and Cathedral City; research R/W documents at the BIA; prepare base map of centerlines, RNV, descriptions of found
monuments, topographic mapping, all overlaid on screened color orthophoto image. The task includes text describing APN's
and ownership. (Deliverables) a RrW constraints map containing all information obtained above in PDF and AutoCAD file
format
2.05 Utility Research, Notification and Mapping: MSA will research existing utility base plan, conduct field verification and
update base plan, schedule utility agency meetings, and perform relocation coordination. (Deliverables) copy of all utility
agency plats and maps, an existing utility base plan in AutoCAD format,copy of any utility agency meeting minutes.
2.06 Traffic Study: KOA will conduct the traffic study including staging and traffic management plans during construction. We
will define the study area. The study area is defined to include analysis of up to six (6) arterial intersections and four (4)
roadway segments. The study area must be large enough to analyze the potential construction impact or partial closure of
Vista Chino during bridge construction. Peak period intersection turning movement counts will be collected for up to six (6)
intersections during the AM and PM Peak hours and average daily traffic counts (ADT) will be collected for up to four (4)
roadway segments. The City completed a city-wide traffic study in 2005 for the General Plan updates. However, new counts
are needed for this project. The counts will be taken by personnel of KOA or by a traffic count specialist, depending upon
scheduling and availability. KOA will also review the location and intersections in the field to observe and inventory roadway
geometrics,existing traffic operation, and relevant information during peak hours. KOA will prepare a traffic study suitable for a
complete environmental analysis that summarizes the evaluation of each final alternative that is included for complete analysis
in the Environmental document. The study will identify traffic impacts, mitigation measures, and potentially unmitigated
impacts. The traffic study will include a full analysis of construction related impacts for any alternative that proposes to partially
or fully close Vista Chino or temporary detour during construction.This will include evaluation of traffic conditions along detour
routes and potential mitigation measures where appropriate. KOA will develop drawings showing conceptual mitigation
measures through restriping,signal modifications,or turning lanes along detour routes.
The study will present all information prepared by KOA, including: Existing (2011) Traffic Conditions, Opening Year, Long
Range Year (2035), Traffic Impacts, Mitigations/Recommendations, Consideration of Other Mode of Transportation, Traffic
Management and Traffic Controls Plans for Construction Alternatives, Construction Traffic Impacts and Mitigation Measures,
Air Quality and Greenhouse Gas Traffic Information, Unavoidable Adverse Impacts to Traffic and Circulation, and Conclusion.
Traffic signal modification analysis and concept design will be conducted to identify locations with potential for new or revised
signalized intersections. (Deliverables) Traffic Study Report
2.07 Preliminary Roadway/Bridge Foundation Reports: EMI will prepare three geotechnical deliverables including
Preliminary Materials Report, Preliminary Geotechnical Design Report(PGDR)and Structure Preliminary Geotechnical Report
(SPGR)for Bridge Type Selection Study per Caltrans standards. In addition to the above reports, we will also perform Grain-
Size Analysis for Sediment Transport Evaluation. EMI will collect surficial grab samples(no more than 3 feet below the ground
surface)for grain-size analysis.We intend to collect these samples from 3 different locations within Whitewater River;samples
will be recovered at the ground surface and between 2.5 and 3 feet below the ground surface. Laboratory grain-size
distribution tests will be performed on all recovered samples and the results will be transmitted in grain-size distribution curves.
(Deliverables)Preliminary Materials Report, Preliminary Geotechnical Design Report(PGDR)and Structure Preliminary
Geotechnical Report(SPGR), a memo documenting grain-size analysis
2.08 Roadway Alternatives Study and Geometric Approval Drawings:MSA will develop roadway geometric study for three
separate alternatives and prepare Geometric Approval Drawings at 30%design level based on the preferred alternative. MSA
will prepare existing base plan for Roadway Alternatives Study and GAD; identify constraints that will affect the alternative
designs and selections; based on the identified constraints and existing roadway bridge approaches prepare (3)Alternatives
Study sketches for bridge alignments over channel (sketches will be prepared at 1"=40' H & 1"=4'V); evaluate and comment
on each Roadway Alternatives Study horizontal and vertical alignments; attend PDT, Commission, City Council, CVWD,
RCFC&WCD and local community meetings; prepare Geometric Approval Drawings(based on the selected alternative). GAD
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will consist of one (1) cover sheet; 5 plan/profile Sheets (1"=40' H & 1"=4' V); 4 detail sheets. (Deliverables) three (3)
Alternatives Study Exhibits and one(1)Geometric Approval Drawings
2.09 Preliminary Stage Construction Plans: Based on the GAD, MSA will prepare Preliminary Stage Construction Plans to
30%, which will consist of 1 Cover Sheet; 5 Plan/Profile Sheets (1"=40' H & 1"=4' V); 1 Traffic Signal Modification Sheet; 3
Signing/Striping Sheets; 4 Detail Sheets; attending meeting with Transportation Commission. (Deliverables) One (1)
Preliminary Stage Construction Plans(3091)
2.10 Preliminary Right of Way Study and Cost Estimates: OPC will perform design review and project team coordination;
conduct field research; and perform property analysis. Field agent and OPC property analysts will meet to discuss data and
draw impact conclusions and property remediation strategies. We will report to the design team of initial property impact
conclusions. Opportunities will be provided to the project team for creative problem-solving either in design or property
remediation strategies.OPC will secure up to nine(9) Right of Entries from property owners for various surveying, trenching
and other environmental survey activities, coordinate Preliminary Title Reports and perform subsequent research to provide up
to (18) title reports for impacted parcels, properly identify any relevant vesting and ownership interests relevant to the cost
estimating process; provide the project team with relevant title research findings to assist in project development. MSA will
prepare up to three Right of Way Exhibits showing proposed parcel takes. (Deliverables) 9 right of entries, 18 title reports, and
preliminary right of way analysis with cost estimates
2.11 Bridge Aesthetics and Approach Landscape Modification Study: DEA landscape architects will prepare two (each)
conceptual sketches to assist the project team in the development of bridge aesthetic elements which will include the
following: barrier recess enhancements, railings, pilasters, fencing, abutment walls, pier walls, and columns. DEA will conduct
appropriate research during the design process. Detailed sketches will highlight the two varying designs for each of the bridge
components.These details will be considered conceptual design details capable of indicating size, layout, design intent, color,
texture and treatment of materials. Sketches will be prepared in color and will be suitable for presentation to the City staff,Arts
Commission and City Council for review and approval of the selected bridge aesthetic element. DEA will necessitate a close
and coordinated effort between team members. This task includes coordination with the project team, City staff, CVAG, the
County of Riverside, and Caltrans District 8 landscape architects. Preliminary cost estimates will be provided for each of the
two (2) proposed alternatives in each category. (Deliverables) two concepts for each of the bridge aesthetic components,
supporting cost estimates.
2.12 Preliminary Street Lighting Study: KOA will prepare a street lighting study for the proposed Vista Chino Bridge. The
study will review various methods and lighting fixture types employed on other river crossing bridges in the area. Only minimal
highway lighting exists within the project area and is found on utility poles. Recommending street lighting will need to meet or
exceed levels for major highways. Existing lighting on Vista Chino will be identified for the purpose of maintaining consistent
lumen output and color. The study will review pole and lamp fixture options based on the bridge architecture. Options will
include conventional cobra overhead fixtures mounted at roughly 30' above pavement, antique or modern fixtures based on
the bridge architectural theme; low level light fixture to reduce lighting pollution within the river bed impacting nocturnal wildlife;
or combinations for pedestrian and roadway lighting. Also, a list of lamp types, which will be applicable, will be listed. Lamps
such as high pressure sodium vapor, mercury vapor, metal halide, light emitting diode (LED), and induction are possible
choices. Nighttime light level samples will be observed on local bridges which have lighting.Viable lighting fixture selection will
require input and approvals from project involved agencies. The study will include exhibits describing various poles and
fixtures. (Deliverables)preliminary street lighting study report and cost estimates
2.13 Roadway Drainage Study: AEI-CASC will review the local drainage issues associated with the proposed project and
street design. A local hydrology study will be prepared based upon the existing (pre-project) and proposed (post-project)
conditions. Preliminary pipe sizes, inlet(catch basin)sizes and pipe horizontal alignments will be preliminarily determined.This
scope will include preparation of a roadway drainage study report and hydrology maps. (Deliverables) roadway Drainage
Study Report and Plans
2.14 Floodplain Study, Bridge Hydraulics and Sediment Transport Analyses: AEI-CASC will perform a floodplain and
bridge hydraulic analyses based upon the existing and with-project conditions.AEI-CASC will utilize the current steady-state
hydraulic model(HEC-RAS computer model)but modified to integrate the proposed bridge footprint. The HEC-RAS model will
determine the preliminary channel capacities, floodplain elevations, backwater effects, total scour potential, and identify any
deficiencies with the existing channel. The hydraulic model will also be utilized to determine the impacts to the surrounding
improvements. The bridge scour routines in the HEC-RAS computational model will be applied to preliminarily estimate the
magnitude of the local pier scour, local contraction scour and abutment scour.
AEI-CASC will evaluate the general sediment transport characteristics of the Whitewater River in the vicinity of the proposed
bridge.The task will include evaluation of historical channel trends, contrast of local channel slopes to regional slope variation,
evaluation of anticipated changes to sediment loading to the project reach due to upstream activities, hydraulic capacity
calculations of using normal depth procedures, and sediment transport potential evaluation using qualitative hydraulic
indicators. During the course of this study,AEI-CASC will provide hydraulic and sediment transport studies in support of the 3
bridge alternatives.
Based upon the results of the HEC-RAS model, AEI-CASC will identify the required channel improvements and scour
protection through the bridge and immediately upstream and downstream of the bridge, as needed. Preliminary grades and
elevations will be determined and limits of improvements will be identified. This task will include recommendation for channel
improvements as mitigation against potential scour affecting the proposed bridge and the existing concrete slope protection
along the east and west sides of the channel. Additionally, this task will include providing technical input in support
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environmental 401, 404 and 1602 permitting process. (Deliverables) Floodplain, Bridge Hydraulic and Sediment Transport
Study Report
2.15 Preliminary Channel Improvements Plans: Based on Floodplain Study, Bridge Hydraulics and Sediment Transport
Analysis prepared by AEI-CASC, MSA will prepare Preliminary Channel Improvement Plans per CVWD and RCFC&WCD
specifications and formatting. Design will include modifications to the existing channel slope protection with proposed bridge
abutment on the west bank, proposed channel slope protection and bridge abutments for the east bank, and channel
maintenance access ramps on both banks. We will prepare modifications to existing RCFC&WCD storm drain and inlet
channel on the west side of channel, and will coordinate and process through CVWD and RCFC&WCD for review and
comment. (Deliverables)Preliminary Channel Improvements Plans(30%design level)
2.16 Condition Letter of Map Revision (CLOMR): Upon approval of the Floodplain, Bridge Hydraulics and Sediment
Transport Analyses (Task 2.14) and Preliminary Channel Improvement Plans (Task 2.15), AEI-CASC will prepare a
Conditional Letter of Map Revision (CLOMR) report for submittal to the City of Palm Springs, RCFC&WCD and FEMA.
(Deliverables)CLOMR
2.17 Bridge Type Selection Study: Based on the final approved roadway geometric approval drawings for the preferred
alternative, CNS will prepare preliminary bridge design, conduct seismic analyses and develop a bridge type selection report.
This step will be completed before extensive bridge design work for Phase II Final PS&E is performed. The most two feasible
and cost-effective structure options will be evaluated.We will evaluate seismic performance of the preferred structure option to
satisfy State's Seismic Design Criteria. The bridge type selection report will include a vicinity map, bridge general plans,
foundation plans, a design memorandum, aesthetic requirements, staging plans, cost estimates and other pertinent
information needed to determine the proper structure type. A draft bridge type selection report will be prepared for City and
Caltrans Structures Local Assistance(SLA)review and comments.A type selection meeting, as required,will be conducted to
discuss the preferred structure option. A final bridge type selection report will be issued for value analysis and final design
(future phase). (Deliverables)bridge type selection report
2.18 Preliminary Cost Estimates(All Disciplines):CNS Team will prepare preliminary quantities takeoff and cost estimates
for each "build" atemative. Estimates of probable construction costs for the proposed improvements will be prepared.
(Deliverables)Preliminary Quantities and Construction Cost Estimates
2.19 Project Report Equivalent: Based on the results of engineering and environmental studies, CNS shall prepare a Project
Report(equivalent)to summarize the engineering findings and recommendations and the required environmental mitigations
to secure federal funds for the future phases of the project. Contents of the PR (equivalent) shall follow applicable Caltrans
standards, and shall generally include executive summary, project background, need and purpose, reference of design
standards, transportation and/or safety problems, traffic data, proposed improvements, roadway geometrics and alternatives,
channel hydraulics, utilities, right of way acquisitions and easements, structure information, environmental studies, cost
estimate breakdown, scheduling, agencies involved, proposed funding, list of applicable attachments, project development
team etc. (Deliverables)Project Report(equivalent)
2.20 Value Analysis Study:VMS will conduct Value Analysis(VA)study following the Caltrans VA methodology as outlined in
the Chapter 19, "Value Analysis"of the Project Development Procedures Manual (PDPM) and detailed in the latest Caltrans
VA Team Guide and Report Guide. VA studies will identify and evaluate alternative project solutions and provide
recommendations to the City. Key engineering team members will attend the VA meetings for briefing and will respond the
comments and revise the drawings, if necessary,to finalize the study. (Deliverables) VA Study Report
Task 3—Environmental Document(CEQAINEPA)
3.01 Public Scope, Commission &Council Meetings: It is assumed that attendance up to two meetings with either a City
commission or the City Council will be required. ICF's PM will attend these meetings and will provide project information, if
needed. CNS will provide required boards for the meetings. (Deliverables) attendance at two meetings and implementing
comments in the environmental studies
3.02 Preliminary Environmental Study (PES): A Preliminary Environmental Study (PES) will be prepared using existing,
available information and no new analyses or detailed evaluations are assumed or included. As directed in the PES, cultural
information will be provided entirely by Caltrans.(Deliverables)Draft/Final PES
3.03 Noise Study:Two separate noise analyses shall be conducted by Terra Nova to satisfy CEQA and NEPA requirements,
and will assess potential impacts from bridge construction and long-term traffic. Other resources, including the City General
Plan Noise Study, will also be used. (Deliverables)Noise Study Report
3.04 Air Quality Study: Terra Nova shall conduct an air quality and GHG air quality analysis, which covers requirements of
the City and South Coast AQMD (CEQA) requirements. The subject project is designated as exempt from conducting a
conformity analysis pursuant to the Federal Clean Air Act. Therefore, the air quality analysis will be prepared pursuant to
CEQA and South Coast AQMD requirements.(Deliverables)Air Quality Study Report
3.05 Phase I Initial Site Assessment: Terra Nova will conduct site assessments, including a Phase I hazardous materials
assessment of the project site and area of potential effect (APE). The Phase I assessment will be prepared in conformance
with the American Society for Testing and Materials (ASTM) Standard E1527-05 "Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process". The ADL study will assess the concentrations of aerially
deposited lead in soil along Vista Chino within the planned bridge construction area. This soil study will be conducted in
accordance with EPA SW-846 and Caltrans protocols. In addition to lead in soil, the yellow striping paint on Vista Chino will
also be tested for the presence of lead. (Deliverables)Phase I Initial Site Assessment Report and ADL Study Report
3.06 Water Quality Assessment Report and Preliminary SWPPP: AEI-CASC will prepare a site-specific Water Quality
Assessment Report (WQAR) and Preliminary Storm Water Pollution Prevention Plan (SWPPP) in support of the preferred
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bridge design alternative. The WQAR shall be prepared in accordance with the requirements set for in the document,
"Whitewater River Region Storm Water Management Plan, Appendix H, dated June 2009". AEI-CASC will review the
proposed project design and will identify options for addressing the WQAR Requirements for site design, source control, and
treatment control best management practices(BMPs).
One draft of the WQAR(three copies)will be submitted to CNS, City of Palm Springs, and Caltrans for review and comment.
Upon receipt of written comments on the WQAR,AEI-CASC will address comments within the scope of services. One final
WQAR document(one original, 3 copies)will be provided to CNS.
AEI-CASC will prepare a site-specific SWPPP in support of the project. The SWPPP will be prepared in accordance with the
requirements set forth in 2008 EPA Construction General Permit. One draft of the SWPPP(three copies)will be submitted to
CNS, City of Palm Springs and Caltrans for review and comment. Upon receipt of written comments on the SWPPP, the
Consultant shall address comments within the scope of services.One final SWPPP document(one original, 3 copies)shall be
provided to CNS. Additionally, AEI-CASC will prepare and provide the City of Palm Springs (Owner) with a paper Notice of
Intent(NOI)form to aid in electronic filing by the Owner for coverage under the General Permit. (Deliverables) Water Quality
Assessment Report and SWPPP
3.07 Location Hydraulic Study and Summary Floodplain Encroachment Report: AEI-CASC will prepare Location
Hydraulic Study and Summary Floodplain Encroachment Report based upon the preferred alternative and in conformance with
Caltrans District 8 requirements. (Deliverables)LHS and SFER
3.08 Biological Resources Study (Natural Environmental Study): ICF will conduct a literature search, perform field
surveys, and prepare a Natural Environmental Study (NES) report analyzing potential impacts to biological resources. The
report will be prepared in accordance with Caltrans SER guidance and will conform to the Caltrans NES annotated outline that
is available at the time that the NES is initiated. The following tasks will be performed during the preparation of the reports:
Review of Project Information and Applicable Literature, Field Evaluation for Biological Resource Constraints, Technical
Report Preparation and Biological Assessment. It is assumed that the BA will cover up to four federally listed species, and the
finding of the BO will not result in a jeopardy determination. It is assumed that attendance at up to four(4) meetings by the
ICF Project Manager and project biologist will be attended related to the BA. (Deliverables) Screencheck NES, Draft NES,
Final NES for concurrence, Final approved NES, Screencheck BA, Draft BA, Final BA for concurrence, Final approved BA.
This task includes Jurisdictional Water Delineation, and discussion of invasive plants.
3.09 Wetland and Jurisdictional Delineation and Assessment: Qualified ICF regulatory specialists will perform a
jurisdictional delineation for areas under the following types of aquatic resource jurisdiction:Sections 404 and 401 of the Clean
Water Act ("waters of the U.S.' including wetlands), Sections 1600- 1624 of the California Fish and Game Code ("Lake or
Streambed Alteration Program"), and the Porter-Cologne Water Quality Control Act ("waters of the state"). The Whitewater
River channel and surrounding areas will be examined to characterize and quantify jurisdictional features. Clean Water Act
jurisdiction will be documented assuming that a preliminary jurisdictional determination will be submitted, requiring approval
from the USACE.
As relevant,work will include data sampling for indicators of an Ordinary High Water Mark(OHWM)and completion of OHWM
data fortes, and data sampling for wetlands and completion of Arid West Region Wetland Determination fortes. Work will not
include functional or condition assessment(e.g.,California Rapid Assessment Method).
ICF will prepare a Jurisdictional Delineation (JD) Report documenting the results of the field work and analysis conducted as
part of the jurisdictional delineation (Task la) will be presented in a letter report documenting methods and results, with
accompanying exhibits (including, vicinity, location, project limits, and jurisdictional features). This report will be used to
determine permitting required for Sections 404 and 401 of the CWA and Sections 1600-1624 of the California Fish and Game
Code. (Deliverables)Screencheck JD Report, Draft JD Report, Final JD Report for concurrence, Final approved JD Report
3.10 Visual impact Assessment:Terra Nova shall contract for and manage preparation of four(4)computer-generated visual
simulation studies of the proposed bridge design, establishing viewshed analyses locations with City and Caltrans staff. The
process used in this visual impact study will generally follow the guidelines outlined in the publication "Visual Impact
Assessment for Highway Projects", Federal Highway Administration (FHWA), March 1981. (Deliverables) Visual Impact
Analysis Report
3.11 Community Impact Assessment:Terra Nova shall prepare a Community Impact Assessment(CIA)for the Vista Chino
Bridge Project. The CIA will be developed in accordance with the Caltrans Environmental Handbook, Volume 4. The CIA will
describe the existing social and economic environment within the specified study areas, and address potential social and
economic impacts to the community from the proposed Project. (Deliverables) Community Impact Assessment Report
3.12 Cultural Resources Study The proposed project improvements will be subject to compliance with Section 106 of the
National Historic Preservation Act. This requires consideration of potential project effects to historic properties including
archaeological and historical resources listed in or eligible for listing in the National Register of Historic Places according to
criteria listed in 36 CFR800. Caltrans administers Section 106 compliance on behalf of FHWA and requires that
documentation conform to specifications contained in Caltrans Standard Environmental Reference. ICF shall conduct a
records search at the Information Center of the California Historical Resources Information System and through the Sacred
Lands File at the Native American Heritage Commission. ICF shall establish an Area of Potential Effect (APE) map in
consultation with the County and Caltrans for obtaining Caltrans approval. The map shall provide the survey boundaries for
cultural resources to be evaluated during project studies. The APE map shall be based on the total anticipated disturbance
footprint associated with project activities. ICF will also contact the Native American Heritage Commission and consult with
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Native American groups and other interested parties to request information regarding the types of potential cultural resources
in the study area.
Following completion of the record search/review, ICF shall conduct a field survey of the APE for archaeological resources.
OPC will be responsible for obtaining access for conducting the surveys. This scope of work assumes that any archaeological
sites identified in the APE will be exempt under the Section 106 PA and that no DPR forms,testing, and/or evaluation will be
required. It is anticipated that an Archaeological Survey Report (Finding of No Archaeological Resources Present) will be
prepared.
In addition, an ICF qualified architectural historian will conduct a field survey of the proposed project area to record buildings,
structures, and historic features through photography and written descriptions. If buildings are substantially altered or are less
than 50 years old, a qualified architectural historian can exempt them from further evaluation in accordance with the Section
106 PA. It is assumed that no historic resources will be identified that require evaluation. Furthermore, it is assumed that no
resources(archaeological or historic)will be identified that are eligible for listing on the National Register of Historic Places or
the California Register of Historical Resources.
Because the project is located partially on Tribal lands, coordination with the Tribal Historic Preservation Officer(THPO)will be
required. This coordination is lead by Caltrans as the federal lead agency; as required by current regulations. However, as we
have done in the past, ICF will provide all information necessary to assist Catrans in this coordination and for obtaining
concurrence from the THPO regarding the cultural documentation that is prepared.
Following completion and approval of the APE and detailed reports discussed above, a summary document(the HPSR)shall
be generated in accordance with Caltrans/FHWA standards for Section 106 compliance with the National Historic Preservation
Act (NHPA). No additional effort or documentation (physical testing, Finding of Effect, Memorandum of Agreement, etc.) are
assumed under this scope of work.
(Deliverables) Screencheck HPSR (including APE map and ASR), Draft HPSR (including APE map and ASR), Final HPSR
(including APE map and ASR)for concurrence, Final approved HPSR(including APE map and ASR)
3.13 Paleontological Information Report/Paleontological Evaluation Report: It is assumed that a combined
Paleontological Information Report/Paleontological Evaluation Report (PIR/PER) will be prepared that will identify and
document the viability of paleontological resources existing with the project's study limits. If Caltrans requires that separate
reports be prepared then a scope and cost for this effort will be submitted to the City for approval. The following tasks to be
performed: Literature Search and Field Review,Data Compilation&Sensitivity Assessment.
The goal of the PER portion of the report is to identify the potential for impacts to significant paleontological resources within
the project's limits. The report prepared will identify and document anticipated impact to paleontological resources existing
with the project's limits of disturbance(both vertical and horizontal), if potential impacts exist.A Paleontological Mitigation Plan
(PMP) is not assumed in this scope and cost. (Deliverables) Screencheck PIR/PER, Draft PIR/PER, Final PIR/PER for
concurrence, Final approved PIR/PER
3.14 ACOE Section 404 Permit and NEPA Clearance / EPA Section 401 Water Quality Certification / CDFG 1602
Streambed Alteration Agreement
It is assumed that the proposed project will require a Section 404 Nationwide permit, a Section 1602 Streambed Alteration
Agreement, and a Section 401 Water Quality Certification. The tasks associated with obtaining these permits are outlined
below. It is further assumed that a Habitat Mitigation and Monitoring Plan(HMMP)will not be required.
Pre-Application Consultation with Agencies. ICF will initiate contact with the concerned agencies (USACE, CDFG, and the
Regional Water Quality Control Board) to provide preliminary project information, solicit concerns, and discuss the
requirements and timing associated with the regulatory permits. All effort will be made to conduct the pre-application
consultation at a project site meeting. However, depending upon resource agency staff workload and availability, such contact
may consist of a project team conference call or written communication. It is assumed that two meetings and additional
teleconferencing will be required.
USACE Section 404 Nationwide Permit Notification:It is assumed that impacts to federal jurisdictional waters will be less than
0.50 acre and that a USACE Nationwide Permit Program (NWP)will be the appropriate permit. This approach is expected to
involve authorization under NWP 14. It should be noted that if areas meeting the federal three-parameter definition of a
wetland are concluded to present at the project site, these areas would be designated as a Special Aquatic Site, under U.S.
Army Corps of Engineers (USACE) 2007 Los Angeles District Regional Condition 2. This is not assumed in this scope of
work.
If project impacts to jurisdictional waters exceed the USACE NWP thresholds, were to impact a Special Aquatic Site, or if the
District Engineer determines that the project would result in a significant adverse impact to the aquatic environment, then an
Individual Permit (IP) would be required. If an individual permit is required then a separate scope for this permit will be
submitted to CNS and the City for review and approval prior to initiating this work. Based on a preliminary review of the project
site this is not anticipated or assumed in this scope of work.
U.S. EPA and SWRCB Section 401 Water Quality Certification Notification:As the proposed project involves lands owned by
the Agua Caliente Band of Cahuilla Indians, impacts subject to Section 401 of the federal Clean Water Act(CWA)taking place
on Tribal land would be regulated by the U.S. Environmental Protection Agency(EPA). Impacts within the City of Palm Springs
portion of the project site would be regulated by the State Water Resources Control Board(SWRCB).A written request for 401
notification water quality certification will be prepared and submitted to the EPA and SWRCB for review. Upon formal
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notification, an agreement should be forthcoming within 60-90 days of completion of the CEQA process or application
submission,whichever occurs latest.
CDFG 1602 Streambed Alteration Agreement:A §1602 Streambed Alteration Notification will be prepared and submitted to
CDFG for review. The request will include a detailed project description, a description of proposed impacts,the CEQA Notice
of Determination,and completed notification forms.
Coordination of Processing: The resource agency notifications will be coordinated with USAGE, RWQCB, and CDFG
throughout processing to ensure that any potential issues are made known to the project team and resolved at the earliest
possible opportunity. If additional coordination efforts beyond what can be reasonably expected are required due to
unforeseen complications related to permitting activities or difficulties in locating appropriate mitigation sites, if required, then
this will be communicated to the City and CNS and a scope will be provided for approval for this additional effort.
Mitigation Requirements: At this time it cannot be known what on- or off-site mitigation will be required for the project. If
mitigation requirements involve additional effort such as additional reports, planting activity, maintenance, monitoring, and/or
any other activities, then it is assumed that a separate scope will be submitted to CNS and the City for approval prior to
conducting this work. It is assumed that any cost associated with these activities would be paid by the City directly to whoever
performs this work.
Permit Application Fees.It is assumed that any fees would be submitted by the City and are not included in this scope and
cost. (Deliverables)401 Water Quality Certification application,404 Permit application; 1602 Streambed Alteration Agreement
application
3.16 Draft Combined Environmental Document(IS/EA): For this scope, it is assumed that the appropriate document for the
proposed project would be an Initial Study/Environmental Assessment/Mitigated Negative Declaration/Fining of No Significant
Impact(IS/EA/MND/FONSI). It is assumed that the EA will not be a Complex EA. The IS/EA format to be used will follow the
annotated outline for combined IS/EAs included on Caltrans SER at the time that the IS/EA document is initiated.
It is assumed that only minor comments will be received on the second Draft IS/EA/MND and that those revisions would be
made and the Final Draft IS/EA/MND would be approved by the City and Caltrans for public availability with no further
comment. To reduce iterations of the document, ICF will conduct a revision workshop with the City and Caltrans to facilitate
completion of the document following the review of the second Administrative Draft and the second NEPA QC review, if
comments still remain after either of these reviews.
(Deliverables) Screencheck Draft IS/EA/MND, External QC Form, Environmental Document Review Checklist, Administrative
Draft IS/EA/MND, Comment/Response Matrix, External QC Form, Environmental Document Review Checklist, Draft
IS/EA/MND, Comment/Response Matrix, External QC Form, Environmental Document Review Checklist, Draft IS/EA/MND(2),
CommenUResponse Matrix, External QC Form, Environmental Document Review Checklist, Final Draft IS/EA/MND,
Comment/Response Matrix, External QC Forth, Environmental Document Review Checklist
3.16 Bureau of Indian Affairs Consultation & NEPA Clearance: The proposed project is partially located on Native
American lands. At the outset of the project a meeting will be conducted with the Tribe, in coordination with the City and
Caltrans, to determine the level of involvement the Tribe would like to have in the environmental document review and
approval process. It is assumed, based on prior experience, that the Tribe will be fully involved in the review and approval
process and will be a signatory on the environmental document. It is assumed that the Draft IS/EA/MND will be submitted to
the Tribe three times for review and approval; these will coincide with the Draft(1), Draft(2), and Final Draft submittals. The
same is true for the Final IS/EA/MND during the Draft Final (1), Draft Final (2) and Final submittals. This task also includes
attending four(4)meetings total with the Tribe and coordinating with them via telephone during their reviews of the document.
(Deliverables) Various stage of the environmental documents and the comment/response matrix(to the Tribe)
3.17 Circulate Draft Environmental Document and Respond Comments: Prior to public availability, ICF will prepare a
public distribution list in consultation with and for approval by the City and Caltrans. The City or CNS' right-of-way consultant
will provide the names and addresses of all property owners and residences within 500 feet of the proposed project. In
addition, ICF will prepare a combined Notice of Availability and Notice of Opportunity for Public Hearing (NOA/NOPH) in
accordance with Caltrans requirements; along with a Notice of Completion (NOC)for filing with the State Clearinghouse. It is
assumed that the NOA/NOPH will be developed in English and Spanish. The NOA/NOPH must be published in a local
newspaper of public circulation (both English and Spanish) and filed with the Riverside County Clerk. ICF will coordinate
publishing the notice in both newspapers but it is assumed that the cost of publication will be the responsibility of the City and
will be paid by the City directly to the newspapers.The Draft IS/EA/MND will require a 30-day public review period.
For the proposed level of environmental documentation (IS/EA/MND/FONSI)there is no legal requirement for holding a public
meeting or hearing, however, the notice that is prepared and published for the proposed project will offer the opportunity to
request a public hearing. This scope and cost assumes that no public hearing will be requested or conducted; however, it is
assumed that a public information meeting would be conducted during the availability period. ICF will work closely with the City
and CNS to facilitate one public information meeting during the public availability period. ICF will discuss the details of the
approach to the meeting with the City to ensure that we operate according to the City's desires and within an approved format;
in addition to coordinating with Catrans. ICF's project manager, environmental lead, and one additional staff will attend the
public information meeting. Materials provided by ICF will include sign-in sheets and comment cards. CNS will prepare and
provide graphic boards depicting the proposed project layout and features. It is assumed that the City will secure a meeting
location.The comments received at the meeting will be addressed in the Final environmental document.
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The Draft environmental document and NOC will be submitted to the State Clearinghouse. It is assumed that the technical
studies will not be included in the availability but copies will be available if requested by anyone during the public availability
period. Hardoopies of the document and NOA/NOPH will be provided to the availability locations(Caltrans, City, libraries), ods
containing the document and a hard copy of the NOA/NOPH will be provided to other agencies and officials included on the
distribution list (and anyone else who specifically requests a copy of the document), and a copy of the NOA/NOPH will be
provided to property owners and residences within a 500-foot radius of the proposed project.
At the dose of the public availability period for the Draft IS/EA/MND, ICF will review and respond to all comments received. In
addition, ICF will attend a meeting with City and Caltrans staff to review any written comments on the Draft IS/EA/MND that
were received and to discuss potential responses to these comments, if the comments received warrant such a meeting.The
responses to comments will be forwarded to the City and Caltrans for review and approval prior to making any changes to the
IS/EA/MND, if the comments received are substantial enough to warrant this process. It is assumed that no comments
requiring new analyses or substantial revisions to existing analyses,or requiring input from legal counsel,will be received.
(Deliverables) Scoping meeting materials (fact sheet, sign-in sheets, comment cards, meeting notice), Draft and Final
NOA/NOPH(assumed to be transmitted electronically with no hard copies), 200 copies of the NOA/NOPH,25 hard copies and
one electronic (pdo Draft IS/MND for availability (including the 15 copies for submittal to the State Clearinghouse), 50 eds
containing the Draft IS/MND for distribution, Response to Comments (to be included in each submittal of the Final
environmental document)
3.18 Final Environmental Document(MND/FONSI): Upon approval of the responses to comments by the City and Caltrans,
if warranted, ICF will revise the IS/EA/MND to respond to the comments, to document the circulation period and coordination,
and if any changes to the project have occurred. Also, included will be a Draft Finding of No Significant Impact (FONSI), if
requested by Caltrans (based on recent experience in District 8 the District has been preparing the FONSI). ICF will submit
the Screencheck Final IS/EA/MND/FONSI to the City and Caltrans for review. Along with the Screencheck Final
IS/EA/MND/FONSI, the external QA/QC form and environmental document checklist will be prepared and submitted. The
QA/QC form and checklist are assumed to be included with each submittal. Following the incorporation of one set of
comments from the City and Caltrans a Draft Final IS/EA/MND/FONSI will be prepared and submitted to the City and Caltrans
along with a response to comments document for concurrence and for conducting the NEPA QC review. Following the
Caltrans NEPA QC review the Final IS/EA/MND/FONSI will be prepared and submitted to the City and Caltrans for review and
approval. It is assumed that no additional comments will be received. (Deliverables) Screencheck Final IS/EA/MND/FONSI,
Draft Final IS/EA/MND/FONSI(1), Draft Final IS/FA/MND/FONSI(2)for approval/concurrence, Final IS/EA/MND/FONSI.
3.19 File Notice of Determination(CEQA): ICF will prepare the Notice of Determination (NOD)in compliance with CEQA for
review by the City. ICF will file the NOD with the Office of Planning and Research(OPR).The NOD will also be posted with the
Riverside County Clerk. This notice starts a statute of limitation period under CEQA. ICF will utilize the NOD format, as
available from OPR. Along with the NOD a California Department of Fish and Game (CDFG) fling fee would also be filed
along with a Notice of FONSI Availability. (Deliverables)Draft and Final NOD and Notice of FONSI availability, Fish and Game
filing fee(paid by the City)
3.20 Publish Notice in Federal Register: ICF will prepare a notice for publication in the Federal Register by FHWA to start
the NEPA statute of limitations. This notice will be prepared in compliance with the SER and it is assumed that a Draft and
Final version of the notice will be prepared and that coordination and publication of the notice will be the responsibility of
Caltrans and FHWA. (Deliverables)Draft and Final Federal Register Notice
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SECTION C: STAFF QUALIFICATIONS
C1 - Identification and Qualifications of the Project Manager: The years of Experience:22(7 years with
missions of the project manager include working closely with his team to cNS)
determine and prepare environmental documents to obtain environmental Education:m..s.,StructuratEngineering,
clearance complying with both CEQA and NEPA regulations; streamlining uC-ee*erey, IM;es,Civil
approval of the environmental documentation with supports from solid Engineering,fvanonat Taiwan Univ. 1987-
engineering studies to well define the engineering alternatives, project " ° � is" °c"P`ofessionet
Civil Engineer,CA(#C4XW);Structural
footprint and cost estimate; being familiar with Caltrans Local Assistance Engineer,GA,(I S4027)
Procedures and Programming Guidelines to assist the City in securing both
federal and local funds to program future phases of the project including working closely with the regional
transportation planning agencies such as RCTC and CVAG to explore the opportunities of financial supports for
non-federal funds to fund the Advance Construction to cash flow the high cost construction phase of the project.
Considering all of the project needs stated above, our team proudly assigns Mr. James Lu of CNS Engineers
(CNS) as the Project Manager who meets the project needs. Mr. Lu will be supported by various task managers
including Mr. Brian Calvert of ICF Jones and Stokes as the environmental task manager.
Key to success of the project is the leadership and management provided by the project manager and, of course,
key staff of his team. James Lu is the ideal candidate to lead this project because of his over 20 years of
outstanding bridge design experience in Local and State bridges; his successful records of project delivery with
City of Palm Springs, Caltrans District 8 Local Assistance and various local agencies in Southern California; his
employment tenure and extensive project programming and management experience with Caltrans Local
Assistance (District 7). Mr. Lu has been working with various cities in Coachella Valley and Caltrans District 8
Local Assistance to program 7 river crossing projects and secure more than $118 million of federal Highway
Bridge Program (HBP) funds in the past four years. James is a proactive and highly involved project manager
who will be engaged in all disciplines of the project from the day one.
C2 - Projects Successfully Completed by the Project Manager: Mr. Lu served as a Principal Bridge Engineer
and/or a Project Manager on the final design phase of major transportation projects in the Inland Empire,
including Palm Drive/Gene Autry Trail Overcrossing over 1-10 in Palm Springs, Date Palm Drive Overcrossing
over 1-10 in Cathedral City, 1-10 Median Lanes Addition in Redlands, 1-210/1-215 Interchange in San Bernardino
and the SR-91 Corridor Improvements in Riverside. Since the inception of CNS in 2005, Mr. Lu, as the principal of
the firm, has been serving as Project Manager of several river crossing projects. One of the projects, which
requires Caltrans District 7 approval of NEPA document has been completed and constructed. The completed
river crossing project is Foothill Boulevard Bridge over the North Branch of Big
Tujunga Wash in City of Los Angeles within Caltrans District 7 [federal aid project
number — BHLS 5006(285)]. The HBP-funded project includes channel
improvements, superstructure replacement and widening of an existing 650 foot
river crossing over a stream, which requires NEPA CE approval from Caltrans
District 7. The project was originally programmed for full replacement. However,
CNS worked closely with the City and Caltrans to develop an innovative design j ......'
strategy that preserves the massive concrete piers, minimizes environmental
impacts, and reduces the construction cost by approximately $9 million. Date — —
completed: February, 2009; Lead agency: City of Los Angeles Bridge Program; Mr.Lu managed the 6e0-toot
Lead agency contact: Mr. Safa Kaddis, Senior Project Manager, (213) 485-5108; Foothill Boulevard Bridge
Caltrans District 7 Local Assistance Senior: Mr. David Wang. Project constructed in 2009.
C3 —On-going Projects Involved by the Project Manager: Mr. Lu is currently engaging in two bridge projects
that require NEPA approval from Caltrans. Serving as the Project Manager, Mr. Lu is currently leading a design
team for the Cathedral Canyon Drive Low Water Crossing Bridge Replacement over Whitewater River Project in
Cathedral City [federal aid project number-BR-NBIL(504)], which is about 4 miles downstream of the Vista Chino
low water crossing. The HBP-funded project involves a new 600-foot bridge, a complex hydraulic drop structure
that is unique in the Whitewater River channel system and a riprap lined channel. The project requires approval of
both Riverside County Flood Control and Water Conservation District(RCFC&WCD) and Coachella Valley Water
District (CVWD) as both jurisdictional agencies operate and maintain portion of the channel. In general, the
project is similar to the proposed Vista Chino Low Water Crossing Bridge Replacement Project.
Since the Cathedral Canyon Drive project is on allotted Agua Caliente Band of Cahuilla Indian (ACBCI)
Reservation Lands, it requires dose coordination with Ms. Margaret Park who is Director of Planning and Natural
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Resources of ACBCI. In addition, the environmental cultural studies
require consultation through Caltrans HQ Cultural Studies Office with
Ms. Patricia Garcia-Tuck who is Director of Tribal Historic Preservation
Office (THPO) pursuit to Section 106 of the National Historic
Preservation Act (NHPA). Furthermore, the Water Quality Assessment
Study also followed US EPA guidelines and two separate Section 401
Water Quality Certifications are being obtained, one from US EPA for
the improvements in the Indian Reservation Lands and another one Rendered Cathedral Canyon Drive Bridge at
from the State RWQCB for improvements on non-Indian Lands. Whitewater River in City of cathedral City
Although the project initially requires a routine Environmental Assessment (EA) as the appropriate NEPA
document based on the extent of the channel disturbance and the right-of-way impacts in accordance with the
approved Preliminary Environmental Study (PES). CNS Team successfully worked with Caltrans District 8 to
streamline the approval of all technical studies and resolve concerns, and has obtained the NEPA Categorical
Exclusion (CE) approval from Caltrans District 8 in just one and an half years. A CEQA IS/MND document is also
adopted by the Cathedral City on June 2011. The design team is currently working closely with US ACOE to
secure Section 404 Permit. Due to the complexity of the channel improvements, Mr. Lu has worked with the
design team to develop 9 alternatives to ease ACOE's concerns. Date initiated: December 2009; Lead agency:
City of Cathedral City; Lead agency contact: Mr. Bill Simons, City Engineer, (760) 770-0360 or Mr. Bill Bayne,
previous City Engineer, (951) 218-2059 ; Caltrans District 8 Local Assistance Engineer/Environmental Planner:
Mr. Eric Tang(909) 388-7719 and Mr.Aaron Burton.
Mr. Lu, served as the Principal Bridge Engineer for the seismic
retrofit design, is also engaged in the widening of the North Spring =MT110
Street Bridge over the Los Angeles River Project [federal aid ` 1 '
project number — BHLS 5006(219)] in City of Los Angeles within
Caltrans District 7. Its CEQA/NEPA document is Environmental
Impact Report/Environmental Assessment. The subject bridge is a
historic arch bridge that is eligible for listing in the National Register Historic North spring Street Bridge over the Los
of Historic Places (NRHP). As such, alteration of the structure Angeles River in City of Los Angeles
requires preparation of Finding of Effect for consultation with the
State Historic Preservation Office (SHPO) to comply with Section 106 of the National Historic Preservation Act. In
addition, alteration of the historic property requires approval from the City Office of Historic Resources and
Cultural Heritage Commission. Mr. Lu worked closely with the City, Caltrans Structures Local Assistance and the
historical consultant to develop a seismic retrofit strategy to minimize impacts to the historic property while
maintaining sound structural improvements. Date initiated: December 2010; Lead agency: City of Los Angeles
Bridge Improvement Program; Lead agency contact: Ms. Grace David, Project Manager, (213) 485-5194;
Caltrans District 7 Local Assistance Engineer: Mr. David Wang.
C4—Project Manager's Employment History: Mr. Lu worked for several major A/E firms and Caltrans for years
prior to establishing CNS in 2005. During the course of his professional career, Mr. Lu received extensive and
comprehensive trainings in technical bridge design, local assistance procedures, project management, project
programming and bridge funding applications. Mr. Lu' career history including the names of the firms, titles and
years with the firms from the latest employment is briefly listed below:
CNS Engineers, owner and principal, 7 years; Parsons Brinckerhoff, senior bridge engineer/project manager, 3
years; Caltrans District 7 Local Assistance, highway bridge program coordinator, 2 years; TYLIN International,
senior bridge engineer, 2 year; AECOM, principal bridge engineer/deputy project manager, 3 years; HNTB
Corporation, senior bridge engineer, 5 years. Being CNS' principal, Mr. Lu has long-term commitment until the
project gets built and the potential change of the project manager as has been seen on many other projects will
not be expected during the project development.
C5 — Project Manager's Time for the Project: Mr. Lu is currently serving as the Project Manager for three
bridge projects including Cathedral Canyon Drive Low Water Crossing Bridge Replacement at Whitewater River
in Cathedral City, County Wide Bridge Program for Riverside County Transportation Department, and Atlantic
Boulevard Bridge Widening over Los Angeles River in City of Vernon. Other than the Atlantic Boulevard Bridge
Project which has reached 65%design requiring minimal Mr. Lu's time in project management and design review,
Mr. Lu's involvement on the other two bridge projects will essentially facilitate delivery of the proposed project as
stated below. Mr. Lu will be devoted to this project whenever the project needs him.
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Cathedral Canyon Drive Bridge in close proximity to the project has received NEPA approval from Caltrans
District 8. It is similar to the proposed project in terms of coordination with ACBCI and Caltrans, environmental
technical studies, channel hydraulics and bridge design. Our team does not need a leaming curve to deliver the
Vista Chino Bridge Project. In addition, Mr. Lu is leading a team to evaluate the Riverside county wide bridges,
develop prioritization and secure funds for bridge rehabilitation or replacement, review various bridge design
documents, and conduct engineering design and environmental documentation.As part of the contract, Mr. Lu will
be involved in coordination with RCTC for project programming and using non-federal funds for Advance
Construction for High Cost bridges, which is also needed for the proposed Vista Chino Bridge Project. In our
recent conservation with Ms. Shirley Medina who is Programming and Planning Manager of RCTC, it seems that
RCTC is open to explore the possibility of providing financial supports for Advance Construction to help local
agencies.
Our team organization chart is shown below:
Team Organization Chart
0* MlM 1
4
District 8 Local ................... aResources
Assistance ..._._•........... • _m ,
yAgencies
almow
r Cy(IrOky\Y+ _
Legend: Legend:
6=Earth Mechanics(DBEIUDBE) _ _ t=CNS Engineers(DBEIUDBE)
ry 7=KOA Coorafion SiM• '« 2=ICF Jones&Stokes
8=David Evans and Associates 3=Terra Nova Planning&Research
9=Overland,Pacific&CuBer James Lu',pE sE 4=MSA Consulting
10=Value Management Strategies 5=AEI-CASC Consulting
Roadway Geometrics. and Local Environmental
Staging and Utilities Assistance Programming & Documentation &
Investigation Funding Supports Regulatory Permitting
Julian De La Torre 4,PE James Lu ', PE,SE Brian Calvert 2*
Roadway Task Manager' Structures Task Manager Environmental Task Manager
Patel Sepulveda 4* Local Assistance Programming& Mari f liarltka'-
416adway Design Lead Funding Supports NEPAiCFQA Lead..
Charles Harris 4 LalitMtaharjan', pE 2
Serve i and.MappingS Bridge Project Engineer Biology
West
Yn9 ogyand Regulatory
Jack Fox 4 Quyet Nguyen , pE Mark Robinson 2*,RPA
Senior Bridge Engineer
Utilities Senior
-
Rick Starzak2
Archhee€inal History
Miscellaneous
..
ChannelHydraulics,
••• g • _ d Road Nate MarDrainat
•- Water Quality
John Criste 3« AlCP
Lino Cheang-6, PE,GE Ceazar Aguilar 5*, PE Supporting Task Manager
Prelimin�aryGeoteghriicai Reports Drainage Task Manager Visual Impact Analyses
Ivvlin Zhou 7,PE channel Hydraulics Olivia-Ervin 3 .
ITraffic Analysis Hank Fehiman 5, PE Air Quality&GHG(CEQA)
Kiita Rhodes B;ASLA Sediment Transport Analysis Noise.Study
,
Bridge Aesthetics Jeff'Endicoff 5,PE Quin Kinnewbrew 3, CEG,REAn
John Cutter
9 Water Quality Initial Site Assessment
Right-of-Way cost Estimates VMS Staff 1O Andrea,Randall3
Community Impact Assessment
Value Analysis(VA)Study
"indicates key team members whose resumes are included in Paragraph Q6.
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 132
113
A _ *--
= ' °� ' ' � Work Proposal
C6 — Relevant Project Experience of Key Team Members: We offer the City of Palm Springs an experienced
and cohesive project team who has completed similar projects with NEPA approval from Caltrans District 8; is
lead by a result-oriented project manager who knows local assistance procedures and Highway Bridge Program;
has strong understanding of Caltrans environmental review and approval process, is familiar with CVMSHCP
requirements; is familiar with the project site; and is committed for the duration of the project. Relevant project
experience of our task managers or key team members are elaborated below:
Brian Calvert, Role: Environmental Task Manager
Mr. Calvert has extensive NEPA/CEQA experience and specializes in Years of Experience:17(7years with
transportation projects, many in Riverside and San Bernardino Counties, ICF Jones&Stokes)
involving Caltrans District 8. Brian's specific professional focus is on Education:M.S.,Environmental
transportation projects involving Caltrans. Brian is active in ICF's Planning,Arizona State Umv.,2000,
environmental education program and is co-instructor for the Environmental BA:,Geography and Rill atsaence,;
George Washington Uni,.asity; 1993
Analysis for Local Agency Transportation Projects course for southern
California Caltrans Districts on an annual basis. Brian has taught classes on NEPA Delegation at the University of
California Irvine and Riverside campuses: Brian has extensive experience with the preparation of environmental
documentation for road, highway and bridge projects in Riverside County and specializes and focuses nearly
exclusively on projects involving Caltrans. Brian's recent project experience in Riverside County and Caltrans
District 8 are elaborated below:
On-Call Environmental Services Contract, Riverside and San Bernardino, Caltrans District 8 (2007-2011)
Contract No. 08A1169 Overall Contract Manager. Brian is managing the contract with Caltrans District 8 to
complete a series of environmental task orders related to a variety of roadway improvements in Riverside and
San Bemardino Counties. Document types that ICF has either completed or contributed include IS/MNDs, IS/EAs,
an EIS/EIR, a CIA, a NES, and Air Quality studies. Caltrans Contact., Chee Ong, Caltrans, (909) 383-6417.
1-10 Palm Drive/Gene Autry Trail Interchange IS/EA and ND/FONSI—Palm Springs (2006-2007)Caltrans EA
Number 08-455800 Environmental Project Manager. This project involves the preparation of an IS/EA followed by
an ND/FONSI, for reconstruction of the 1-10 Palm Drive/Gene Autry Trail interchange. Brian oversaw the
completion of the technical studies and completed the environmental documentation. Brian also completed an
environmental re-validation for the project to address changes to the project that occurred following adoption of
the environmental document. Local Agency Contact., Russell IMlliams, Environmental Manager, (951) 955-2016.
Caltrans District 8 Contact:James Shankel, (909)383-6379.
Belardo Road Bridge and Road Widening Management Plan - Palm Springs (2003-2009) Federal Project
Number PLHL 6282 (020) Project Manager. ICF prepared an IS/EA for the project that will widen and extend
Belardo Road, construct a new bridge across Tahquitz Creek, widen Mesquite Avenue, and provide a new scenic
access road to the Tribal Interpretive Center. The Agua Caliente Band of Cahuilla Indians and the City of Palm
Springs are working jointly to implement the project, using the Public Lands Highway Discretionary Program, a
federal funding source administered by the FHWA and Caltrans. Key issues include cultural resources, because
there are known archaeological sites in the immediate vicinity of the corridor, and biological resources, because
the bridge will cross a stream. Local Agency Contact: Michael J. Atencio, (760) 325-3400. Caltrans District 8
Contact Aaron Burton, (909)383-1804.
1-216 from Scott Road to Nuevo Road Additional Lane IS/EA/MND/FONSI - RCTC (2007-2011) EA Number
08-1620 (CNS is currently finalizing 90% PS&E of two bridges of the project) Project Manager. Brian is
responsible for managing the preparation of the necessary technical studies and environmental documentation for
compliance with NEPA and CEQA, along with the relevant Caltrans requirements. The project is to widen the
existing facility from two to three lanes in both directions by adding a third mixed flow lane primarily within the
median, as well as overlaying the remainder of the existing facility with asphalt concrete pavement within the
project limits. The project also includes the widening and improvement of the bridges over Salt Creek and the San
Jacinto River. Technical studies included Air Quality Report, HPSR, NES (including Jurisdictional Delineation),
Noise Study Report, Paleontological Identification Report/Paleontological Evaluation Report, and Visual Impact
Assessment. ICF also prepared the combined NEPA/CEQA document consisting of an IS/EA/MND/FONSI for the
proposed project. Local Agency Contact: Lisa Da Silva, RCTC, (951) 787-7141. Caltrans District 8 Contact: Kurt
Heidelberg(909) 383-7028.
Mari Piantka, Role: NEPA/CEQA Lead Years of Experience:15(6years with
Mari Piantka is an environmental planner with 15 years of experience in both ICF Jones&stokes)
public sector and private sector consulting. Her experience includes Education:IsA,Environmental Studies,
preparing environmental documents for transportation, waste management, UC•Santa Barbara, 1998
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 133
114
7t: ! =TT� inepea Work Proposal
industrial, power, campus, and residential projects for various clients such as local cities and counties,
transportation agencies, public utility agencies, college campus, private energy companies, and waste
management agencies. Her areas of expertise include CEQA and NEPA compliance. Mari has managed and
authored numerous reports including EIRs, EISs, Initial Studies, technical studies, and Applications for
Certification. Mari performs policy and analysis and prepares environmental constraints and feasibility studies.
Mari's primary technical expertise is in the analysis of land use and planning issues, demographics and
socioeconomics, and environmental justice. Mari also has experience with the preparation of environmental
documentation for road and highway projects in Riverside County and specializes and focuses nearly exclusively
on projects involving Caltrans. Mari's example project experiences are elaborated below:
Belardo Bridge and Roadway Project IS/EA-City of Palm Springs and the Agua Caliente Band of Cahuilla
Indians in cooperation with Caltrans District 8, Palm Springs (2009), EA PLHL 5282(020) Senior
Environmental Planner. Assisted with the preparation of an IS/EA for the project involving the construction of a
two-lane bridge and roadway improvements on Belardo Road in the City of Palm Springs. Responsible for
responding to agencies' review comments on the IS/EA and helping coordinate the preparation and submittals of
the technical studies required for the project. Responsible for preparation of the Final MND/FONSI. Local Agency
Contact:Michael J. Atencio, (760) 325-3400. Caltrans District 8 Contact:Aaron Burton, (909) 383-1804.
1-15/13uncan Canyon Road New Interchange IS/EA-City of Fontana and Caltrans District 8, Fontana(2009)
EA OH1300 Senior Environmental Planner. Assisted with the preparation of an IS/EA for a project involving the
construction a new interchange on 1-15 at the existing Duncan Canyon Road Overcrossing in the City of Fontana,
San Bernardino County. Local Agency Contact:Kevin Ryan, (909) 350-6655. Kurt Heidelberg, (909) 383-7028.
On-Call Environmental Services, ND for SR 86S at Airport Boulevard New Interchange Project—Caltrans
District 8, San Bernardino County (2007) EA 47860 Task Manager. Managed the task order and coordinated
with Caltrans and technical staff. Assisted with the preparation of the Initial Study, prepared response to
comments, and prepared the Final ND. Caltrans Contact.Chee Ong, Transportation Engineer, 909-383-6417.
Zackry West, Role: Biology and Regulatory
As an Associate Environmental Planner (Natural Science)/Biologist for Years or Experience:9(2 years with `
Caltrans District 8, Zackry West performed the role of Lead Biologist on a ICFjones S stakes
myriad of transportation projects throughout Riverside and San Bernardino Eckweton-8,4,Environmental stKft
Counties. Zackry has played a key role in coordinating and performing cristate Univ—San lino,2004�
biological surveys, preparing technical documents, and obtaining permits for Prafessionel Cert7icaWn_CDFG Plant
projects requiring Federal ESA, California ESA, and Federal CWA ColtacnonPerrsnd2081(a)-11-s4-v
compliance. Zackry is experienced with Regulatory Agency Coordination, ranging from conducting Section 7
Consultations, to acquiring aquatic permits. Zackry has extensive experience in preparing Jurisdictional
Determination/Delineation Reports, Natural Environment Studies, Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP) Consistency Reports, and focused survey reports, partnered with coordinating
and conducting general biological and aquatic resource constraint surveys, and focused protocol surveys for
special status species such as desert tortoise, arroyo toad, burrowing owl, and rare/narrow endemic plants.
Zackry's private sector experience includes processing projects requiring Western Riverside Multiple Species
Habitat Conservation Plan (WRMSHCP) compliance, ranging from conducting focused surveys required within
various Survey Areas, conducting vegetation mapping, preparing Biological Technical Reports, preparing
Determination of Biological Equivalent or Superior Preservation Reports, and coordinating the Habitat Acquisition
and Negotiation Strategy(HANS). Zackry is also an experienced biological monitor, and has taken part in focused
species surveys, such as arroyo toad, coastal California gnatcatcher, and Quino checkerspot butterfly. Zackry's
example project experiences are listed below:
U.S. Route 395 Safety Widening Project—Caltrans District-08, Near Adelanto (2007-2011) EA OC121 Lead
Biologist. Caltrans District Contact.,Aaron Burton, (909) 383-2841
SR 58 Safety Widening Project—Caltrans District-08, Near Kramer Junction (2008-2011) EA OE850 Lead
Biologist. Caltrans District 8 Contact. Kurt Heidelberg, (909)388-7028
SR 138 2-4 Lane Widening Project— Caltrans District-08, San Bernardino County (2008-2011) EA 3401U
Lead Biologist. Caltrans District 8 Contact.Aaron Burton, (909) 383-2841
1-10 Whitewater River Bridge Check Dam Project—Caltrans District-08, Whitewater(2009-2010) EA OL530
Lead Biologist. The proposed project is to construct a check dam for the prevention of future scour, to extend the
serviceable life of existing bridge abutments on the 1-10/Whitewater River Bridge in Riverside County. Zackry
coordinated and conducted focused arroyo toad surveys, spring blooming season rare plant surveys, and a
jurisdictional determination/delineation. Zackry also coordinated and participated in desert tortoise
presence/absence surveys. Zackry conducted the Joint Project Review process with the Coachella Valley
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 134
115
Work Proposal
Association of Governments (CVAG) and CDFG to ensure compliance with the CVMSHCP. Caltrans District 8
Contact:Kurt Heidelberg, (909) 388-7028.
1-16 Mountain Pass Truck Descending Lane Installation Project—Caltrans District-08, Mountain Pass
(2007-2008)EA 4393U Project Biologist. Caltrans District 8 Contact:Kurt Heidelberg, (909)388-7028.
1-10 Westbound From Yucaipa to Redlands Auxiliary Lane Installation Project—Caltrans District-08,
Yucaipa (2007-2008) "Oversight" EA OF150 Lead Biologist. Caltrans District 8 Contact: Kurt Heidelberg, (909)
388-7028.
Mark Robinson, RPA, Role:Archaeology(Cultural Resources)
Mark Robinson is a cultural resources specialist with more than 24 years of years of Experience:24(7 years mM
experience in prehistoric and historical archaeology. He has worked ICF✓ones&Stokes)
extensively in California, has specialized training in lithic analysis and lithic Education:Ms.,Anthropology, univ.of
materials identification and sourcing, and meets the Secretary of Interior's Oregon, 199a M.A.,engxsn,Univ of
standards for a professional archaeologist. He has managed all phases of meson, Itift 8.A.,History&Geo1w,
archaeological activities, including surveys, testing, data recovery Unlv,of Montana, 1981
excavations, monitoring, site evaluation, analysis, report preparation, and Professtonale iaeotogist i1067a ed
Professional Anraeolog�st#N 1067
archival research. Prior to joining ICF, Mark managed multiple projects in
southern California, including surveys, testing, data recovery, and monitoring projects for numerous federal and
state agencies. These projects involved complex cultural resources and compliance issues as well as budget
preparation and tracking, staff coordination, and writing and editing of reports and Section 106 compliance
documents.
Richard Starzak, Role:Architectural History(Cultural Resources)
Rick Starzak has more than 30 years of experience as an Architectural years of Experience:32 r27 years with
Historian, including 20 years as a Project Manager, specializing in tCF✓ones&Stokes)
consultation on behalf of public agencies for compliance with Section 106 of Education:M-A.,Architecnire—History
the NHPA. As of 2010, he has conducted NHPA Section 106 studies or cmasm&Analysis,UCLA 1994.
SHPO consultation in 44 states for a variety of federal agencies including GSA, FHWA, FTA, STB, FRA, HUD,
FCC, and EPA. For FRA, in 2010-2011, he is preparing a study ordered by the U.S. Congress on streamlining
Section 106 and Section 4(f)compliance for railroad projects. For FHWA HQ, in 2006, the 50th anniversary of the
Interstate Highway System, he wrote the guidance and criteria to identify the elements of the entire 40,000+ mile
Interstate Highway system that have national or exceptional historic significance. From 2005-2009, he managed
preparation of a series of 67 National Register nominations for properties owned by the GSA in a variety of states,
including post offices, courthouses, custom houses, and border inspection stations. Rick meets the Secretary of
the Interior's Professional Qualifications Standards in Architectural History.
Mark and Rick's example project experiences are listed below:
Belardo Road Bridge and Road Widening Management Plan -City of Palm Springs and the Agua Caliente
Band of Cahuilla Indians in cooperation with Caltrans, District 8, Palm Springs (2009) EA PLHL 6282(020)
Archaeologist. Local Agency Contact:Michael J. Atencio, (760) 325-3400. Caltrans Contact:Aaron Burton, Phone
(909) 383-1804.
1-215 Bi-County Project, SANBAG - Riverside and San Bernardino Counties (2008-2010) EA Number OM-
940 Project Archaeologist. Local Agency Contact:Lisa D. Williams, LSA (949) 553-0666.
1-215 Widening from Scott Road to Nuevo Road Additional Lane Environmental Document for RCTC
(2007-2011) EA Number 08-1620 Project Archaeologist. Local Agency Contact: Lisa Da Silva, RCTC, (951) 787-
7141. Ca/trans District 8 Contact:Kurt Heidelberg(909) 383-7028.
Caltrans District 8/Riverside County Department of Transportation-SR 79 Widening Project Cultural,
Biological and Paleontological Studies: Thompson Road to Domenigoni Parkway—Riverside County
(2005) EA Number 08-464600 Project Archaeologist. Local Agency Contact:Laurie Dobson Correa, RCTD, (951)
955-2016. Caltrans Contact: Tim Meardy, 909-383-7855 Years ofExpanonce:39(26'years
John Criste,AICP-Environmental Supporting Task Manager with Tana Nova)
John Criste has extensive experience in land use, urban and regional Educat1mvBA.,Architectural History,
planning, environmental assessment and impact analysis, land use feasibili Pennsylvania State University
ty Professionat Reglsfratton:American
and market analysis, and energy development management and regulation. institute of CoMed Planner Planning
He has worked in the Coachella Valley and the Southern California region WC',#6672)
since 1979. He has extensive experience in public policy planning regarding land use and environmental issues
on local, state and federal levels. His experience covers all aspects of the California Environmental Quality Act
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 135
116_
•=` gTr, Entom ineeml-, Work Proposal
(CEQA), National Environmental Policy Act (NEPA) and public documents required by same. He is a frequent
CEQA instructor for the Association of Environmental Professionals and the American Planning Association. John
Criste, as part of CNS Team, recently managed all of the environmental technical studies for the Cathedral
Canyon Drive Low Water Crossing Bridge Replacement Project [FPN BR-NBIL(504)] in Cathedral City and
obtained NEPA CE approval from Caltrans District 8 in just one and an half years. Date initiated: December 2009;
Lead agency contact: Mr. Bill Simons, City Engineer, (760) 770-0360 or Mr. Bill Bayne, previous City Engineer,
(951)218-2059; Caltrans District 8 Environmental Planner: Ms. Julie Lugaro(909)383-1570.
Ceazar Aguilar, P.E., Role: Drainage Task Manager
Ceazar Aguilar is one of three principals of AEI-CASC. He has over 26 years yom ofErpedence:27(16 years
of experience in drainage, flood control design, hydrology, hydraulics, flood ,imAEi-case)
plain analysis, sediment production and transport analysis, master drainage Education-as,C*H Engineering
plans, value engineering, and computer applications. Mr. Aguilar began his California State Polytechnic umr,
professional career working at the Riverside County Flood Control District ?om°na,2J8t
where his responsibilities included the development of comprehensive master Ptofes naf Civil
Entia8an.
P P P Professicurat Civil Engineer,#4187-0
drainage plans, performing special hydrologic and hydraulic studies, reviewing
land development proposals, and recommending flood protection measures for such projects. His experience at
the Flood Control District provided him with invaluable knowledge and understanding of the intricate plan approval
process of a public agency. Since that time, Mr. Aguilar has been employed by several of the Inland Empire's
largest civil engineering consulting firms where he was responsible for the design supervision and management of
drainage studies and flood control improvement plans. Mr. Aguilar has developed an excellent reputation with
various Flood Control Districts and other public agencies for providing thorough and efficient designs of flood
control facilities and for emphasizing cooperative working relationships with public agency staff members.
Representative projects completed by Mr.Aguilar include:
Cathedral Canyon Drive Low Water Crossing Replacement Project(New Bridge) at Whitewater River, City
of Cathedral City: Mr. Aguilar is currently managing the preparation of the floodplain and scour study for the
proposed bridge crossing [FPN BR-NBIL(504)]. Lead agency contact: Mr. Bill Simons, City Engineer, (760) 770-
0360 or Mr. Bill Bayne, previous City Engineer, (951)218-2059, CVWD contact: Mr. Tesfaye Demissie(760) 398-
2651; RCFC&WCD contact: Dusty William, (951)955-1200.
Avenue 44 Low Water Crossing Replacement Project (New Bridge) at Coachella Storrs Water Channel
(Whitewater River), City of Indio: Mr. Aguilar managed and provided design oversight for the preparation of the
preliminary hydraulics and channel design for the reach of the Coachella Storm Water Channel (Whitewater
River) in the vicinity of Avenue 44 low water crossing in the City of Indio. Lead agency contact: Mr. Tom Rafferty,
Principal Civil Engineer, (760) 541-4270.
Temescal Canyon Road Bridge Replacement Project at Temescal Creek, City of Lake Elsinore: Mr. Aguilar
is currently managing and providing design oversight for civil engineering design services associated with the
proposed Temescal Canyon Road Bridge at Temescal Creek. Lead agency contact: Mr. Ken Seumalo, Director of
Public Works/City Engineer, (951)674-3124x244.
Paul Sepulveda—Roadway Design Lead
Mr. Sepulveda has been responsible for the design and processing of many Years orEarpe�/enoer 37(33 yeas
public works and private land development projects in Coachella Valley. He Y Offh
ear
AJ
not only has extensive experience in the preparation of grading, street, Education:As,Civil Engineering,ililst
sewer, water and storm drain improvement plans, but also in the approval Hilts College,1978,vango Computer
process with various cities and agencies in the area. Representative prior Adsd Gmwfric Dessgn,UNverW of
projects completed by Paul include: Callfomie-hvc e, 1987,Hydraulic
Certtfcata#,CefifOmra waver Pollutw
• Farrell Drive Realignment; City of Palm Springs: Production Manager Control Assmotion, 1979,
in charge of design and plan preparation for the realignment of one mile
section of Farrell Drive to accommodate the Palm Springs Regional Airport runway expansion project. Lead
agency contact: Mr. Marcus Fuller, Assistant Director of Public Works/Assistant City Engineer, (760) 323-
8253x8744.
• Gene Autry Trail(Highway 111), Palm Springs Classic; Palm Springs: Production Manager in charge of
design and plan preparation for the widening of Gene Autry Trail including left and right turn pockets and
signalization plans processed through California Department of Transportation. Lead agency contact: Mr.
Marcus Fuller,Assistant Director of Public Works/Assistant City Engineer, (760) 323-8253x8744.
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page J 36
117
Z7 - Eigii,e P,1 = Work Proposal
SECTION D: FIRM QUALIFICATIONS
D1 — Prime Consultant's Information: CNS Engineers, Inc. (CNS), a bridge engineering consulting firm, will be
the prime consultant for the project. CNS is a California corporation. The firm has a main engineering office in the
City of Riverside, and has a separate administration office in City of Lake Forest. The firm's contact information is
listed below:
Contact person: Mr. James J., Lu, PE, SE, President/Project Manager
Phone number: (951)687-1005 ext. 104, Fax number: (951)667-3387
E-mail address: iames.lu@cnseng.com
D2—Prime Consultant's Officers to bind the Contractual Agreement: CNS' officers who have the authority to
bind the contractual agreements are listed below:
Mr. James J. Lu, PE, SE, President
Ms. Lily H. Huang, CPA, Treasurer
D3 — Prime Consultant's Relevant Project Experience: The following two federally funded projects involve
PA/ED phase coordination with Caltrans District 8 and 7.
Cathedral Canyon Drive Low Water Crossing Bridge Replacement project Highlight
at Whitewater River, City of Cathedral City[BR-NBIL(504)] ✓ Funding experience with Caltrans Districts
Local Agency Contact: Mr. Bill Simons, City Engineer, (760)770-0360; Local Assistance and HQ Local Prograrn
Mr. Bill Bayne, previous City Engineer, (951)218-2059 ✓ Coordination with District 8 Local
Assistance environmentai staff
Caltrans D8 Local Assistance Staff: Mr. Eric Tang, (909) 388-7719, Mr. ✓ Coostinationwghrseveratwater agencies
Savat Khamphou, DLAE, (909) 383-4825 IncNtling ACM, RCFCSMD and C W
ACBCI Contact: Ms. Margaret Park, (760)699-6800 ✓ Coordinallonwdh'Agua Caliente Band of
Project Start/Completion Dates: December 2011/on-going in PS&E Cahuilla Indians
Brief Project Description: As a prime consultant, CNS is leading the PA&ED and
PS&E phases of the river crossing project that is funded by the federal Highway
Bridge Program (HBP).The project includes replacing the existing low water crossing
with a new 600 foot bridge. The expected environmental document was IS/EA which
leads to MND/FONSI although NEPA CE was granted by Caltrans on 6/2011. The
right of way engineering requires close coordination with Ague Caliente Band of
Cahuilla Indians (ACBCI) and Bureau of Indian Affairs (BIA) for construction 0
easements to accommodate channel improvements on Allotted Indian Reservation Lands. The proposed bridge
will be designed to accommodate RCFCD's 100-year Flood of 47,000 CFS and CVWD's Standard Project Flood
(SPF) of 85,000 CFS. To eliminate impacts to the driveways of the private developments at the bridge
approaches, a lined hydraulic drop structure in the channel is proposed. The extensive channel permanent
disturbance triggers the need of the ACOE Section 404 Individual Permit which requires the team to develop nine
alternatives. Project Cost: $22 million(estimated total project cost).
Foothill Boulevard Bridge over North Branch of Big Tujunga project Highlight
Wash, City of Los Angeles [BHLS-5006(285)] ✓ Coordination with Calhans;District 7Lod
Local Agency Contact: City of Los Angeles Bridge Improvement Assistance and Structures Local
Program, Mr. Safe Kaddis, Senior Project Manager, (213)485-5108 Assistance
Caltrans District 8 Contact: Mr. David Wang ✓ Coordination with ACOEand LA County
Project Start/Completion Dates: November 2003/June 2009 Flood contmt
✓ Extensive stage construction to maintain
Brief Project Description: CNS provided bridge engineering services on the existing traffic
several HBP-funded bridge projects for City of Los Angeles Bridge
Program. The assigned tasks include assistance in HBP funding applications and
bridge design. All assigned projects were funded with federal HBP Fund. CNS ;
managed seismic evaluation, preliminary and final design for widening of the 12-
span, 650 foot Foothill Boulevard Bridge. The project requires resotration of the
exisitng architectural features including replication of concrete light poles and
modified open railing. Project coordination with LADOT, LACFCD, ACOE and
Caltrans District 7 Local Assistance to mitigate environmental impacts and traffic
staging needs was conducted. NEPA document is CE. The project, in general,
consists of relocation of several major utilities, deck widening, full superstructure
replacement, pier and abutment retrofit, and improvements of the existing scour countermeasure. Project Cost:
$10 million (construction cost).
The following PS&E and Planning projects are provided for reference purpose:
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page 137
118
Ajlll.�_
ZrMi, E,4lrl% �` Work Proposal
Widening of Ramon Road Bridge at Whitewater River, City of Palm Springs [BHLS-5282(040)]
Services provided: Planning Study and Federal HBP Funding Application
Local Agency Contact: Mr. Marcus Fuller,Assistant Director of Public Works/Assistance City Engineer, City of
Palm Springs, (760) 323-8253 ext. 8744
Caltrans D8 Local Assistance Staff: Mr. Eric Tang, (909) 388-7719, Mr. Savat Khamphou, DLAE, (909) 383-4825
Project Start/Completion Dates: June 2009/January 2010
Estimated Project Cost: $35 million
Palm Drive/Gene Autry Trail OC over 1-10, Date Palm Drive OC over 1-10, Cities of Palm Springs and
Cathedral City(EA 08456801 &08-465901)
Services Provided: Final PS&E and Construction Supports
Local Agency Contact: Ms. Cindi Wachi, Project Manager, Riverside County Transportation Department, (951)
955-1863
Project Start/Completion Dates: December 2005/on-going in construction
Estimated Project Cost: $16 million (each interchange)
Frank Sinatra Low Water Crossing Bridge Replacement at Whitewater River,City of Rancho Mirage[BR-
NBIL(514)]
Services Provided: Planning Study and Federal HBP Funding Application
Local Agency Contact: Mr. Bruce Harry Jr., Director of Public Works/City Engineer, City of Rancho Mirage, (760)
770-3261
Caltrans D8 Local Assistance Staff: Mr. Eric Tang, (909) 388-7719; Mr. Savat Khamphou, DLAE, (909) 383-4825
Project Start/Completion Dates:April 2010/January 2011
Estimated Project Cost: $39 million
D4—Subconsultant Firms,their Background and Specific Expertise: Subconsultant firms of CNS Team are
listed in the following table:
Subconsultant Firm Background Specific Expertise to the Project
Jones&Stokes merged with ICF in 2008. ICF's ICF well known to Caltrans District 8 will
Environment&Planning Division has 175 lead the environmental documentation
employees in Southern California. ICF is well and permitting. ICF is Monitoring
ICF Jones&Stokes known for special expertise in CEQA and NEPA Program Administrator for the
Riverside,CA compliance, not only through project work,but CVMSHCP. In addition, ICF has
(key subconsultant) also through CEQA and NEPA classes and extensive project experience involving
publications. ICF has an in-depth knowledge of ACBCI,which is demonstrated by the
providing environmental clearance for federally Belardo Road Bridge and Road
funded highway projects. Widening Management Plan for City of
Palm S rin s and ACBCI.
MSA has been providing professional services to MSA will be responsible for surveying,
public agencies and private development in mapping, utilities research, and,the
MSA Consulting Coachella Valley since 1976. MSA is the most importantly,the roadway geometric
Rancho Mirage, CA Coachella Valley's largest locally owned,full- design. MSA brings to the project with
(key subconsultant) service planning and engineering company. MSA their prior project experience on Vista
has delivered several dozens of high quality Chino. MSA is familiar with the project
roadway projects in Palm Springs. site and has recently participated on the
parallel Ramon Road Bridge Widening
Project.
AEI-CASC established in 1993 provides AEI-CASC is familiar with RCFC&WCD
professional planning,engineering,surveying, and CVWD's design requirements.The
and construction services.AEI-CASC has firm brings to the project with their
AEI-CASC Consulting participated on the drainage task for major extensive experience on the Cathedral
Colton,CA transportation projects requiring Cakrans' Canyon Drive Low Water Crossing
(key subconsultant) approval in Inland Empire.The firm's principals Bridge Replacement Project.AEI-CASC
used to work for RCFC&WCD and various local is strong in stonnwater quality.The firm
agencies. currently has an on-call State-wide water
quality contract with Caltrans.
Supporting suboonsultant firms:Terra Nova Planning&Research, Earth Mechanics, David Evans and Associated, Overland,
Pacific&Cutler and Value Management Strategies.These firms were selected to be part of the team because they have
participated on similar projects adjacent to the project site or in the Coachella Valley.They have demonstrated high quality
products from our previous or on-going projects.
Vista Chino Low Water Crossing Bridge Replacement at Whitewater River Page J 38
119
Work Proposal
Environmental documentation is the most important task for this phase of the project, which will be lead by ICIF
Jones&Stokes.As such, ICF's project experiences and references are provided below:
U Warm
State Route 79 Re-Validation: ICF is Riverside Russell Williams, James Shankel
2011 conducting a Supplemental Cultural County 951-955-2016 909-383-6379
Resources Report.
Interstate 215 from Scoff Road to Nuevo Riverside Lisa DaSi[va, Kurt Heidelberg
Road: ICF prepared the necessary technical County Capital Projects 909-383-7028
2011 studies and environmental documentation for Manager, 951-
relevant Caltrans requirements.
Magnolia Avenue Grade Separation: ICF Riverside Scott Staley(951) Aaron Burton,
has completed multiple grade separation County 955-2092 (909)383-1804
2011 projects in Riverside County. ICF prepared the
necessary NEPA documents for approval by
Caltrans(grade separations are statutorily
exempt from CEQA).
Interstate 10—Date Palm Drive Re- Riverside Russell Williams, James Shankel
Validation:This project involves the County 951-955-2016 909-383-6379
2010 preparation of an IS/EA,to be followed by an
ND/FONSI,for reconstruction of the 1-10—
I Palm Drive/Gene Autry Trail interchange.
Streeter Avenue Grade Separation: ICF has City of Philip Hannawi Aaron Burton,
completed multiple grade separation projects Riverside (951)826-5707 (909)383-1804
2010 in Riverside County. ICF prepared the
necessary NEPA documents for approval by
Caltrans(grade separations are statutorily
Belardo Road Bridge and Roadway Project: City of Palm Michael J. Aaron Burton,
2009 ICF prepared the IS/EA(including section 4[f] Springs Atendo,760-325- (909)383-1804
evaluation)and technical studies 3400
Interstate 16/Duncan Canyon Road City of Kevin Ryan, Kurt Heidelberg
2009 Interchange: ICF prepared the IS/EA and Fontana Project Manager, (909)383-7028
technical studies for City of Fontana. 909-350-6655
Interstate 10—Date Palm Interchange: ICF Riverside Russell Williams, James Shankel,
2009 prepared the IS/EA and ND/FONSI. County Environmental (909)383-6379
Manager, 951-
955-2016
Interstate 2151CIinton Keith Road City of Roger Cunliffe- Gita
2008 Interchange: ICF assisted in preparing a PSR Murrieta Owen,Consultant Tokmahfshan
and prepared the NEPA/CEQA document and Civil Engineer, (909)383-4283
associated technical studies. 951-304-2489
Interstate 216 from Murrieta Hot Springs Riverside Lisa DaSilva, Kurt Heidelberg
2008 Road to Scott Road: ICF prepared the County Capital Projects (909)383-7028
necessary technical studies and Manager, 951-
Auto Center Drive Grade Separation: ICF City of Linda Abushaban, Aaron Burton,
2008 prepared the necessary NEPA documents for Corona Senior Engineer, (909)383-18G4
approval by Caltrans(grade separations are 951-739-4960
statutorily exempt from CEQA).
Interstate 10—Ramon Road/Bob Hope Riverside N/A Chee Ong, 909-
Drive Interchange: ICF prepared the County 383-6417
2006 IS/EA/MND/FONSI and Community Impact
Assessment and Visual Impact Assessment
I documents.
ICF's additional unique project experiences in Palm Springs and/or Coachella Valley are listed below:
* Coachella Valley Conservation Commission-TO 1 Implementing Monitoring Tasks for IMSHCP
w Strategic Environmental-Consulting Support for Coachella Valley Milkvetch for Metropolitan Water District of
Southern California
• Riverside County, Department of Transportation-Ramon Road Coachella Valley Fringe Toed Lizard Surveys
Vista Chino Low Water Crossing Bridge Replacement m/YVbihnvatxrRiver Page 139
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I"a
ATTACHMENT "A"
*NOTE: THISFORMMUSTBECOMPLETED AND INCLUDED INSIDE ENVELOPE#1 "WORK PROPOSAL"*
REQUESTS FOR PROPOSALS (RFP) #01-12
FOR
ENVIRONMENTAL SERVICES FOR VISTA CHINO LOW WATER CROSSING BRIDGE
REPLACEMENT AT WHITEWATER RIVER
CITY PROJECT NO.10-10
FEDERAL AID PROJECT NO. BR-NBIL (513)
SIGNATURE AUTHORIZATION
PROPOSER: CNS Engineers, Inc.
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myself/this company in a
contract should I be successful in my proposal.
S ATURE
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful,the contract language should refer to me/my company as:
_An individual;
A partnership, Partners' names:
A company;
X A corporation
2. My tax identification number is: 74-3072004
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the
acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal
being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s)# 1, 2 and 3 is/are hereby acknowledged.
RFP#01-12
Attachment"A"
122
61 yA0,1 d
Z
`'[IFORN�
REQUEST FOR PROPOSAL (RFP 01-12)
FOR
Environmental Services for Vista Chino Low Water Crossing Bridge
Replacement at Whitewater River
ADDENDUM NO.1
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND
INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Who currently has the contract, and what is the current contract amount?"
A 1: There is no current contract, this is a new project.
Q 2: Is engineering a part of this scope of work or is the 30%equivalent of design already
developed or being developed by others and under a separate contract?
A 2: As stated in Section 3 of the RFP, preliminary engineering (civil and structural
engineering design services)shalt be provided as necessary to support the PANED
Phase, generally limited to preparation of plans representing a 30%level design.
BY O ER OF T E ITY OF PALM SPRINGS, CALIFORNIA
Craig L. G rs, C.P.M.
Procurement&Contracting Manager
DATE: August 02,2011
ADDENDUM ACKNOWLEDGMENT:
- -- YroposerFirmName.- —CZAP b 7iBe-ys� .�)1G'>._... 2._...__ J...... _._... --
Authorized Signature' _ i Date: 0
Acknowledgment of Receipt of Adden 1 is roquired by signing and i cluding the acknowledgment with your
submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge
this Addendum may result in your submittal being deemed non-responsive.
123
pALAi
CF �te
REQUEST FOR PROPOSAL (RFP 01-12)
FOR
Environmental Services for Vista Chino Low Water Crossing Bridge
Replacement at Whitewater River
ADDENDUM NO. 2
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS ANDiOR ADDITIONS TO THE RFP DOCUMENT AND
INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: I noticed in the RFP, attachments 1 & 2 were identified but missing in the
package. Is it possible to obtain those documents?
A 1: You are correct and the City apologizes for not including Attachments 1 and 2 in
the document. You may download Attachment#1 (HPB grant application
presented in 4 parts) as well as Attachment#2(CalTrans HPB policy) from our
website at http://www.oalmsD62gsca.qov/index asAx?pane-85
BY OR DE O THE CITY F ALMSPR CgL,IfORNIA
Craig L OR
Procurement&Contracting Manager
DATE: August 02, 2011
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: inePY__�_Zn L
---
Authorized Signature: — Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your
submittal,or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge
this Addendum may result in your submittal being deemed non-responsive.
124
Oe PALA1 Sp
N�
� c
N
CglIF0RN�P
REQUEST FOR PROPOSAL (RFP 01-12)
FOR
Environmental Services for Vista Chino Low Water Crossing Bridge
Replacement at Whitewater River
ADDENDUM NO.3
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND
INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: With respect to the subject project, does the City of Palm Springs have a recent
topo map with at least 2'contours that covers the Whitewater River 1,000 feet upstream
and downstream of the Bridge site for use by the selected consuftant?
Al:No .
Q 2: Page 5 of the RFP requires the successful firm to execute and return forms Exhibit
10-01 and Exhibit 10-02.However, the instructions for both forms indicate that Exhibit
10-01 shall be submitted with the proposal and the Exhibit 10-02 is to be submitted at
contract execution. Please clarify whether form Exhibit 10-01 shall be submitted with the
proposal.
A 2: The RFP states that Exhibits 10-01 and 10-02 are to be completed and returned to
the City by the `successful firm" The successful firm is the firm awarded a contract for
this project. These forms are submitted with an executed agreement therefore, they
should not be submitted with the proposal.
Q 3: Is 11x17 sheet all for the project schedule?If yes, is one 11x17 sheet counted
as one page?
A 3: Yes, yes.
125
Q 4: Is the list of interested consultants available for review?
A 4: The list of consultants that have followed the instructions in the RFP and registered
for this specific project to date is included with this Addenda.
BY ORDF7 OF THE CITY F PALM SPRINGS, CALIFORNIA
J /
Crag L. Gladd .
Procurement&Contracting Manager
DATE: August 10, 2011
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: CIJS JFnVn per5, Inc;
Authorized Signature: Date: ff 3 0
required
Acknowledgment of Receipt of Addendum 3 is ired by sig ' an including the acknowledgment with your
submittal,or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge
_this Addendum may result in your submittal being deemed nornresponsive.
126
ATTACHMENT "B"
*NOTE: THIS FORMMUSTBECOMPLETED AND INCLUDED INSIDE ENVELOPE#1 "WORK PROPOSAL"*
REQUESTS FOR PROPOSALS (RFP) #XX-XX
FOR
ENVIRONMENTAL SERVICES FOR VISTA CHINO LOW WATER CROSSING BRIDGE
REPLACEMENT AT WHITEWATER RIVER
CITY PROJECT NO. 10-10
FEDERAL AID PROJECT NO. BR-NBIL (513)
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person
associated therewith in the capacity of owner, partner, director, officer, and manager:
* Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by
any federal agency;
* Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency
within the past 3 years;
Does not have a proposed debarment pending; and
* Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates
of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
Consultant Name: CNS Engineers, Inc.
8/30/2011
(Date) (Signature
James J. Lu, Principal
(Name &Title)
RFP#01-12
Attachment"B"
127
EXHIBIT "E-1"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to
Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per
task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon
completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum
task item fee until completion of such task item as determined by the Contract Officer. Each request for
payment shall contain Contractor's statement of the work or tasks completed or portion performed, with
supporting documentation. The determination of payment due shall be made based upon the
reasonable judgment of the Contract Officer.
Task Total
Lump Sum
Phase 1A— Limited Project Approval and Environmental Document(PA&ED)
Task 1 —Project Management
Task 1.1, Project Administration and Project Controls $ 69,066.74
Task 1.2, Meetings and Coordination $ 79,706.97
Task 1.3, Quality Assurance and Quality Control $ 26,826.19
Task 1.4, Local Assistance Funding/Programming Supports $ 21,333.20
Task 2— Limited Preliminary Engineering
Task 2.1, Data Collection and Research $ 15,646.00
Task 2.2, Field Review and Site Assessment $ 14,138.38
Task 2.3, Surveying and Aerial Topographic Mapping $ 50,986.00
Task 2.4, Right of Way Research and Base Mapping $ 28,967.79
Task 2.5, Utility Research, Notification and Mapping $ 22,745.68
Task 2.6, Traffic Study $ 14,778.74
Task 2.7, Preliminary Roadway/Bridge Foundation Report $ 22,654.07
Task 2.8, Roadway Alternatives Study and Geometric Approval Drawings $ 70,817.81
Task 2.9, Preliminary Stage Construction Plans $ 40,695.93
Task 2.10, Preliminary Right of Way Study and Cost Estimates $ 25,186.34
Task 2.11, Bridge Aesthetics and Approach Landscape Modification Study $ 20,351.22
Task 2.12, Preliminary Street Lighting Study $ 3,768.79
Task 2.13, Roadway Drainage Study $ 10,581.68
Task 2.14, Floodplain Study, Bridge Hydraulics and Sediment Transport Analyses $ 50,216.20
Task 2.15, Preliminary Cost Estimates $ 21,518.62
Exhibit"E-1" Continues on Next Page
Exhibit"E-1"
Page 1 of 2
128
EXHIBIT "E-1"
SCHEDULE OF COMPENSATION
Task 3—Limited Environmental Document (CEQA/NEPA)
Task 3.1, Public Scoping Meeting $ 10,363.34
Task 3.2, Preliminary Environmental Study (PES) $ 7,821.68
Task 3.3, Noise Study $ 32,563.05
Task 3.4, Air Quality Study $ 10,273.82
Task 3.5, Phase 1 Initial Site Assessment $ 12,129.12
Task 3.6, Water Quality Assessment Report and Preliminary SWPPP $ 18,693.84
Task 3.7, Location Hydraulic Study&Summary Floodplain Encroachment Report $ 8,029.35
Task 3.8, Biological Resources Study(NES and BA) $ 75,764.32
Task 3.9, Wetland and Jurisdictional Delineation and Assessment $ 23,937.00
Task 3.10, Visual Impact Assessment $ 23,983.96
Task 3.11, Community Impact Assessment $ 6,672.52
Task 3.12, Cultural Resources Study(ASR/HPSR/APE) $ 23,587.27
Reimbursable Expenses $ 46,235.00
Phase 1A Subtotal $ 909,980.62
END OF EXHIBIT "E-1"
Exhibit"E-1"
Page 2 of 2
129
EXHIBIT "E-2"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to
Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per
task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon
completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum
task item fee until completion of such task item as determined by the Contract Officer. Each request for
payment shall contain Contractor's statement of the work or tasks completed or portion performed, with
supporting documentation. The determination of payment due shall be made based upon the
reasonable judgment of the Contract Officer.
Task Total
Lump Sum
Phase 1 B—Full Project Approval and Environmental Document (PA&ED)
Task 1 —Project Management
Task 1.1, Project Administration and Project Controls $ 51,508.21
Task 1.2, Meetings and Coordination $ 42,238.23
Task 1.3, Quality Assurance and Quality Control $ 5,159.76
Task 2—Full Preliminary Engineering
Task 2.1, Preliminary Channel Improvement Plans $ 10,936.07
Task 2.2, Conditional Letter of Map Revision (CLOMR) $ 10,662.95
Task 2.3, Bridge Type Selection Study $ 72,147.64
Task 2.4, Project Report Equivalent $ 44,605.94
Task 2.5, Value Analysis Study $ 63,776.17
Task 3—Environmental Document(CEQA/NEPA)
Task 3.1, Public Hearing $ 1,491.28
Task 3.2, Draft Combined Environmental Documents (IS/EA) $ 88,447.06
Task 3.3, Bureau of Indian Affairs Consultation & NEPA Clearance $ 19,769.68
Task 3.4, Circulate Draft Environmental Document& Respond Comments $ 15,946.84
Task 3.5, Final Environmental Assessment Document(MND/FONSI) $ 36,080.70
Task 3.6, File Notice of Determination (CEQA) $ 522.39
Task 3.7, Publish Notice in Federal Register $ 1,044.79
Task 3.8, Environmental Permits $ 40,197.62
Reimbursable Expenses $ 23,968.00
Phase I Subtotal $ 528,503.33
Grand Total of Contract $1,438,483.95
END OF EXHIBIT "E"
Exhibit"E-2"
Page 1 of 1
130
EXHIBIT "F"
SCHEDULE OF PERFORMANCE
City and Consultant hereby mutually agree that the nature of the scope of services associated
with this Contract, and the requirement to coordinate and obtain approvals by other agencies,
including but not limited to, Caltrans and FHWA, may cause the term of this contract to exceed
initial project schedule estimates. The term of this contract shall automatically extend until such
time as required approvals are obtained and all services identified in Exhibit"A" are completed.
The Consultant's schedule of performance included in its proposal shall be incorporated
herein. The schedule shall be adjusted accordingly to revise the project notice to proceed
(NTP) date of October 3, 2011, as indicated in the originally submitted proposal, to the actual
NTP date indicated in the City's letter to Consultant following approval of this agreement by the
City Council.
END OF EXHIBIT "F"
Exhibit"F"
Page 1 of 1
131