2014/10/14 City Council Resolution 2014-115RESOLUTION NO. 2014 -115
RESOLUTION OF THE CITY OF ROHNERT PARK AUTHORIZING AND
APPROVING THE FIFTH AMENDMENT TO THE
CONSULTANT SERVICES AGREEMENT WITH DUDEK FOR
BIOLOGICAL AND REGULATORY PERMITTING SERVICES IN CONNECTION
WITH DOWDELL AVENUE CONSTRUCTION — BUSINESS PARK DRIVE TO
850' S OF BUSINESS PARK DRIVE, CITY PROJECT NO. 2011-11
WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the
city's purchasing functions shall be governed by the city's purchasing policy;
WHEREAS, on October 15, 2012, City and Dudek ( "Consultant ") entered into that certain
agreement entitled "Consultant Services Agreement" ( "Agreement ") to provide biological and regulatory
permitting services related to the construction of a new segment of Dowdell Avenue from Business Park
Drive to 850' South of Business Park Drive for the amount of $37,000.00 authorized per Rohnert Park
Municipal Code Chapter 3.04 Purchasing Program;
WHEREAS, on March 23, 2013, the First Amendment to the Agreement to provide for
consulting with CDFW on an Incidental Take Permit for State - listed species (i.e. California Tiger
Salamander, Sebastopol meadowfoam) was authorized through the Purchasing Ordinance for an
additional amount of $2,500.00, thereby increasing the total cost of the Agreement to $39,500.00;
WHEREAS, on September 18, 2013, the Second Amendment to the Agreement to provide for
identification of mitigation banks for credit purchase, conducting Phase I Environmental Site
Assessment (i.e. hazardous materials survey) was authorized through the Purchasing Ordinance for an
additional amount of $8,940.00, thereby increasing the total cost of the Agreement to $48,440.00;
WHEREAS, on December 10, 2013, the Third Amendment to the Agreement to provide for the
praration of CEQA document for the Dowdell Avenue roadway extension to satisfy CDFW and
RWQCB requirements for permitting was authorized pursuant to Council Resolution No. 2013 -168 for
an additional amount of $10,000.00, thereby increasing the total cost of the Agreement to $58,440.00;
WHEREAS, on July 8, 2014, the Fourth Amendment to the Agreement to provide for California
Tiger Salamander (CTS) monitoring and reporting pursuant to CDFW Incidental Take Permit was
authorized pursuant to Council Resolution No. 2014 -080 for an additional amount of $42,988.00,
thereby increasing the total cost of the Agreement to $101,428.00; and
WHEREAS, City and Consultant now desire to enter into a Fifth Amendment to the Agreement
to provide for additional work for special status species monitoring and reporting, post- construction
botanical monitoring and reporting, and additional work supporting permitting and environmental
mitigation for the Dowdell Avenue Construction project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK AS FOLLOWS:
Section 1. Recitals. That the above recitations are true and correct and material to
this Resolution.
Section 2. Environmental Clearance. That the adoption of this Resolution and
accompanying Amendment is exempt from review under the California Environmental Quality
Act because the activity in question is not a project as defined under CEQA Guidelines Section
15378 in that there is no potential that the activity will result in either a direct physical change in
the environment or a reasonably foreseeable indirect physical change in the environment.
Section 3. Agreement. That the Fifth Amendment to the Agreement between Dudek
and the City of Rohnert Park is hereby authorized and approved in an amount not to exceed an
additional sixty -eight thousand four - hundred and nine dollars ($68,409.00).
Section 4. Authorization. That the City Manager is hereby authorized and directed to
take all actions to effectuate the Fifth Amendment to the Amendment for and on behalf of the
City of Rohnert Park, including execution if necessary, in substantially similar form to the Fifth
Amendment attached hereto and incorporated by this reference as Exhibit "A," subject to minor
modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 14"' day of October, 2014.
ATTEST:
t.
� Anne Buergler, City _LL"�
Attachment (Exhibit "A ") — Fifth Amendment
C[" ROUIN + R P R
Mayor
BELFORTE: Ate_ MACKENZIE: _ STAFFORD: 141C AHANOTU: R`lE CALLINAN: A G-
AYES: (LA ) NOES: ( a ) ABSENT: ( 1 ) ABSTAIN: ( 0 )
EXHIBIT "A" TO RESOLUTION NO. 2014 -115
FIFTH AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
DUDEK FOR BIOLOGICAL AND REGULATORY PERMITTING SERVICES
IN CONNECTION WITH DOWDELL AVENUE CONSTRUCTION —
BUSINESS PARK DRIVE TO 850' S OF BUSINESS PARK DRIVE,
CITY PROJECT NO. 2011-11
This Fifth Amendment to Consultant Services Agreement between the City of Rohnert Park
( "City ") and Dudek ( "Consultant ") for additional services ( "Fifth Amendment ") is entered into as
of the day of 2014, ( "Effective Date "), by and between
City and Consultant.
RECITALS
A. City and Consultant entered into that certain agreement entitled "Consultant Services
Agreement" ( "Agreement ") to provide biological and regulatory permitting services
related to the construction of a new segment of Dowdell Avenue from Business Park
Drive to 850' South of Business Park Drive for the amount of $37,000.00 authorized
per Rohnert Park Municipal Code Chapter 3.04 Purchasing Program;
B. On March 23, 2013, the First Amendment to the Agreement to provide for consulting
with CDFW on an Incidental Take Permit for State - listed species (i.e. California Tiger
Salamander, Sebastopol meadowfoam) was authorized through the Purchasing
Ordinance for an additional amount of $2,500.00, thereby increasing the total cost of
the Agreement to $39,500.00;
C. On September 18, 2013, the Second Amendment to the Agreement to provide for
identification of mitigation banks for credit purchase, conducting Phase I
Environmental Site Assessment (i.e. hazardous materials survey) was authorized
through the Purchasing Ordinance for an additional amount of $8,940.00, thereby
increasing the total cost of the Agreement to $48,440.00;
D. On December 10, 2013, the Third Amendment to the Agreement to provide for the
praration of CEQA document for the Dowdell Avenue roadway extension to satisfy
CDFW and RWQCB requirements for permitting was authorized pursuant to Council
Resolution No. 2013 -168 for an additional amount of $10,000.00, thereby increasing
the total cost of the Agreement to $58,440.00;
E. On July 8, 2014, the Fourth Amendment to the Agreement to provide for California
Tiger Salamander (CTS) monitoring and reporting pursuant to CDFW Incidental Take
Permit was authorized pursuant to Council Resolution No. 2014 -080 for an additional
amount of $42,988.00, thereby increasing the total cost of the Agreement to
$101,428.00; and
F. City and Consultant now desire to enter into this Fifth Amendment to provide for
additional work as described below.
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby
amend the Agreement as follows:
I . Scope of Services. In addition to the services provided under the Agreement, First
Amendment, Second Amendment, Third Amendment and Fourth Amendment, Consultant
shall provide additional services, including but not limited to, the preparation of necessary
reports and documents with additional meetings as is more particularly described in
Attachment A, which is attached hereto and incorporated by this reference.
2. Compensation. Consultant shall perform the services described in this Fifth Amendment for
a total not -to- exceed amount of $68,409 thus increasing the total cost of the Agreement as
amended to $169,837.
3. Agreement in Effect. Except as amended by this Fifth Amendment, the Agreement and all
of its amendments shall remain in full force and effect.
4. Counterpart Signatures. This Fifth Amendment may be signed in multiple counterparts
which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS THEREOF, the parties have executed this Fifth Amendment as of the date first
written above.
CITY OF ROHNERT PARK:
By: /
Darrin Jenkins, City Manager (Date)
Per Resolution No. 2014- adopted by the Rohnert Park
City Council at its meeting of October 14, 2014.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DUDEK:
By:
Name: _
Title:
By:
Name:
Title:
(Date)
(Date)
ATTACHMENT A to AMENDMENT
Scope of Work
for the
Dowdell Road Extension Project
California Tiger Salamander Monitoring
SCOPE OF WORK — Amendment 1- 09/16114
This scope of work amends Dudek's 6/11/14 scope of work for CTS monitoring to provide for
additional monitoring days required to complete the project. Dudek initially estimated that
monitoring of covered activities would be required for up to 20 full days and 24 half days. This
was based on estimates received from the developer and the City. Dudek initiated monitoring
on July 29 and has conducted mostly full days of monitoring since construction began. No CTS
have been observed to date and no non - compliance incidents have been recorded by our
monitor. Monitoring has been carried out consistent with the terms and conditions of the ITP
(CDFW) and BO ( USFWS). The contractor has indicated that covered activities such as
excavation and grading could continue for an additional 14 to 21 days. All covered activities
must be observed by a qualified onsite monitor. This amendment provides for up to 21
additional full days and 20 half days of monitoring and associated project management and
worker training, as well as final reports. Half days would be used for pre- construction morning
inspections prior to the start of work each day, weekly compliance checks when covered
activities are not occurring, and for short duration covered activities that may occur
intermittently up to project completion. Reports are included in this amendment since
monitoring to date has utilized some of the original budget allotted to report preparation. This
cost estimate also includes a 10% contingency.
Dudek staff, Senior Aquatic Ecologist Craig Seltenrich who holds a recovery permit for California tiger
salamander (CTS), will continue as the Designated Representative for the project and associated
monitoring for CTS, the only covered species, and will be responsible for communications with CDFW
and USFWS and overseeing compliance with the California Department of Fish and Wildlife's Incidental
Take Permit (ITP) No. 2081 - 2013 - 062 -03 (revised May 29, 2014) and USFWS's letter (May 6, 2014)
appending the project to the Programmatic Biological Opinion for the Santa Rosa Plain.
Our subconsultant, Vollmar Natural Lands Consulting, Inc., will continue to provide the Designated
Biologist for this project. The Designated Biologist has extensive knowledge and experience with CTS
including their biology and natural history, and protocols for surveying (sampling), collecting, and
handling the species. The Designated Biologist will be responsible for monitoring Covered Activities (as
stipulated in the ITP) to help minimize and fully mitigate or avoid the incidental take of individual CTS
and to minimize disturbance to CTS habitat.
ATTACHMENT A to AMENDMENT
The Designated Biologist will follow all required monitoring and reporting requirements stipulated in the
ITP under Section 5 General Provisions. The Designated Representative and Designated Biologist will
also comply with all Monitoring, Notification, and Reporting provisions listed under Section 6 of the ITP
and as listed and referenced in USFWS's letter. Additionally, to ensure that the incidental take of CTS is
minimized, the Designated Biologist will follow Take Minimization Measures listed under Section 7 that
apply to the biological monitor including 7.1 pre- construction surveys, 7.4 wildlife checks, 7.5 trench
escape, 7.6 temporary barriers, 7.7 CTS relocation, 7.8 CTS handling, and 7.9 CTS injury. Pre -
construction surveys include surveys for CTS and nesting bird species (Mitigation Measure 1310 -3 from
the CEQA Mitigation Monitoring and Reporting Plan).
COST ESTIMATE
The following cost estimate includes costs for both the Designated Representative /Project Manager
(Dudek— Craig Seltenrich) and for the Designated Biologist /Biological Monitor (Vollmar Natural Lands
Consulting, Inc.). The costs below provide for up to 21 full days of monitoring of covered activities and
20 half days of monitoring.
Designated Representative /Project Manager
Craig Seltenrich (Dudek)
Tasks
1) Project Management; communications /notifications with CDFW, Designated Biologist, and Project
Foreman; overseeing activities of Designated Biologist; and overseeing compliance with ITP
Cost: $1,600.00
2) Final site visit prior to completion of monitoring period to meet with Designated Biologist and
project superintendent or onsite foreman, preparation and submittal of Quarterly Compliance
Reports and Final Mitigation Report
Cost: $3,900.00
Cost for Designated Rep resentative Project Manager: $5,500.00
Designated Biologist /Biological Monitor
Vollmar
Tasks
1) Conduct monitoring and reporting requirements as stipulated in the ITP for the remainder of
covered activities that will be carried out for the project.
ATTACHMENT A to AMENDMENT
Since the number of days that the Designated Biologist will need to be on -site for the project and the
time required for the Designated Biologist to be on -site to conduct all necessary monitoring and
reporting requirements will vary according to the timing and duration of Covered Activities, the
following billing rate will be used:
• Full day (8 hrs on -site plus 2 hrs. drive time) @ $990.00 /day
• 1/2 day (3 hrs on -site plus 2 hrs. drive time) @ $495.00 /day
Our efforts will be as- needed and the level of effort and frequency and duration of monitoring will be
evaluated in collaboration with USFWS and CDFW. Dudek will only charge for work actually completed.
Our monitor will be required to be on -site for full days for an estimated 21 days during which excavation
and earthwork will occur. After that it is assumed that half days will be adequate to conduct morning
inspections prior to work, train new workers, and receive updates from the onsite foreman. Half days
could include once daily or once weekly inspections depending on construction activities and agency
direction. This scope of work assumes up to 20 half days will be required prior to project completion.
Based on these assumptions, the total estimated cost for the on -site monitor is:
21 full days @ $990.00 /day = $20,790.00
20 half days @ $495.00 /day = $9,900.00
Cost for Designated Biologist = $30,690.00
Total Combined Estimated Cost = $36,190
10% Contingency = $3,619
Total Contract Amendment Cost Estimate = $39,809
ATTACHMENT A to AMENDMENT
Dowdell Road Extension Project
Post - Construction Restoration Plan Implementation Monitoring Scope and Cost
SCOPE OF WORK — 09/16/14
TASK 1: Task 1 of this work program includes conducting post- construction monitoring of
restoration plan implementation.
1. Dudek will conduct post- construction botanical monitoring of the revegetation plant
establishment for three (3) years. We will perform both qualitative and quantitative
monitoring to track the progress of the mitigation areas relative to the restoration
plan, and to determine in a timely manner if remedial measures are needed.
The monitoring will be conducted monthly within the initial 90 -day Plant
Establishment Period during Year 1, then once every 3 months for the remainder of
Year 1. In addition, we will conduct monitoring once every six months for two (2) more
years.
Following each monitoring event, we will prepare a memorandum documenting our
observations and summarizing our recommendations for any remedial actions, and
will include representative site photos of the revegetation establishment progress. At
the end of each year of the monitoring, we will prepare an Annual report in a
memorandum format for submittal to CDFW; the report at the end of Year 3 will be
prepared as a final report. The monitoring reports will document the progress of the
revegetation areas relative to the success standards, and identify any recommended
remedial measures.
Our cost proposal assumes the following:
Year 1:
- 1 initiation visit
- 3 visits during 90 -day establishment period
- 3 visits during remainder of year at 90 -day intervals
- 6 monitoring memos
- 1 annual memo report
Years 2 and Year 3:
- 2 visits per year (4 visits total) at 6 -month intervals
- 2 monitoring memos
- 1 annual memo report
- 1 final memo report
ATTACHMENT A to AMENDMENT
City Staff Assistance: While this cost estimate assumes that Dudek personnel will
conduct all monitoring visits, City staff can assist in monitoring efforts and thereby
reduce overall costs for monitoring. Dudek will facilitate involvement by City staff by
including a member of City staff in the initial site visit to identify photopoints and
discuss monitoring methodology. This may include photodocumentation, species ID,
estimating survival rate of plantings or other necessary field measurements or
observations. It is reasonable to assume that City staff could serve as Dudek's "eyes in
the field" to document field observations for monthly and quarterly monitoring and
thereby reduce overall costs of monitoring involved in having Dudek travel to the site
for these shorter interval site visits.
COST ESTIMATE
Tasks
1) Post - construction monitoring of restoration plan implementation (three years)
Cost: $21,000.00
10% Contingency: $2,100
TOTAL COST ESTIMATE: $23,100
Please contact me at 530 - 863 -4643 with any questions. — Markus Lang, Dudek
D C K D I 1 ATTACHMENT A to AMENDMENT
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SCOPE of WORK
for the
Dowdell Avenue Extension Project
Task I (09/1612014): Out of Scope Assistance with Permitting and Mitigation
Measure Cormpliance, Mitigation Measure Implementation, and Compensator_.�
Credits
Scope of Work: This scope of work identifies tasks performed by Dudek to assist in project
permitting, mitigation measure compliance (CEQA and agency permit terms and conditions),
and purchase and contract agreements for compensatory credits that were outside the
previously approved scope of work and amendments thereto for the Dowdell Avenue
Extension Project. Costs for work completed to date are approximately $8,000; we are asking
for out of scope charges to be approved up to a total amount of $5,500. These charges have
not been billed to date and are in addition to the original scope of work and any previous
amendments. These tasks were authorized and performed on short notice and on an as- needed
basis to facilitate obtaining authorizations from permitting agencies to proceed with
construction during the 2014 construction season. It is our understanding that the City needed
to have these approvals in place this year pursuant to an agreement that requires the Fiori
Estates developer (AG Spanos) to construct the subject extension of Dowdell Avenue. Dudek
(Cathy Spence - Wells) was given authorization to proceed with out of scope work and charges
by Development Services Director, Marilyn Ponton, on or about April 16, 2014. Dudek
performed a varie a# tasks at the cit 's re uest and to ensure that the ermits were obtained
and authorizations to proceed from permitting agencies were in place to allow for the
developer to break ground in late July 2014.
Out of Scope tasks performed include the following:
• Prepared RFP for mitigation credits;
• Addressed issues with staff and agency representatives regarding planned location of
drainage inlets and advised the city regarding redesign and relocating the inlets;
• Reviewed staff reports and resolutions regarding mitigation credit purchase, status
updates, and project summaries;
• Reviewed contract language regarding mitigation credit purchases and bank
documentation and advised as needed;
• Addressed agency concerns regarding impacts and mitigation strategy, including
numerous rounds of communication regarding draft mitigation quantities to respond to
agency input and ensure consistency among all agency permits and project plans;
• Numerous emails and phone calls to agency personnel to facilitate a quick turnaround
and get permits by July, including negotiating for reduced timeframes for review of bills
0/ItIvVt,(11UDEK t0P!
ATTACHMENT A to AMENDMENT
of sale, approval of monitoring qualifications, and other time - sensitive needs to obtain
authorizations;
■ Advised /assisted with language on bid set of plans to ensure mitigation measure
compliance;
• Worked with agency personnel to obtain approval for no CTS fencing exclusion
period. This effort was successful and allowed the promect to move forward tizis ear;
• Reviewed Incidental Take Permit approval letter and advised city regarding priority
action items and important content;
• Prepared a mitigation measure matrix to assist city in compliance / project kickoff;
• Prepared several next steps and summary / status memos for the city throughout the
duration of the project;
Contract Amendment 3, Out of Scope, Task 1 $5,500.00
(approximately $8,000 expended to date)
DUDEK