The Caltrans Oversight Information Notice (COIN) provides outreach information and guidance to Local Public Agencies (LPAs) on issues pertaining to federal-aid projects. COINs cover a wide variety of subjects, including discussions of findings resulting from process reviews by Caltrans and/or Federal Highway Administration, changes in procedures or regulations, reminders of existing procedures or best practices, and other timely information.
COIN #24-01: Environmental Mitigation Work
Environmental mitigation work that involves actual field work or construction activities must be performed under a construction contract, and not under an Architectural and Engineering (A&E) services contract. As explained in Local Assistance Procedures Manual (LAPM) Chapter 10: Consultant Selection, 23 CFR 172 and California Government Code 4525 define A&E services as those private consulting firms providing architectural, landscape architectural, engineering, environmental, land surveying, construction engineering, or program management.
A recent construction oversight review revealed environmental mitigation work that involved planting trees, among other things, performed by a consultant. Such work should have been performed by a licensed contractor, not through an A&E services contract. When in doubt, one may ask the following question to identify whether a certain undertaking must be performed under a construction contract or an A&E services contract:
“Is this a professional or incidental service that is logically or justifiably performed by licensed architects or engineers?”
Typically, the work required for environmental mitigation projects, such as tree planting, is not considered A&E services, but rather, construction work. LPAs should not award environmental mitigation projects using a consultant contract.
Comments or suggestions regarding the COIN #24-01, please contact DLA Office of Guidance and Oversight’s Girmay Beyene.
Please click on the downloadable pdf link below to access full details.