HomeMy WebLinkAboutRau & Associates, Inc. 2015-03-12; Amendment 1 2016-03-24Colic No 1 Sr /L4
CITY OF UKIAH
AMENDMENT 1
TO
CONTRACT 1415166
BETWEEN
RAU AND ASSOCIATES, INC. and THE CITY OF UKIAH
This Amendment No. 1, entered on March 24, 2016, revises the Agreement for
Professional services dated March 12, 2015 between the City of Ukiah and Rau and
Associates, Inc. for professional consulting services related to preparing applications for
various permits and design development (Phase 2 Engineering) for the development of
infrastructure at the Railroad Center Property at 309 East Perkins Street.
This Amendment No. 1 adds additional scope of services and an additional not -to- exceed
cost of $11,959 as per attached Exhibit A. Additionally, schedule to complete this
additional work will be 4 weeks from formal authorization to proceed.
As a result, the revised total contract amount is not -to- exceed $50,459.00
Except as expressly amended by this Amendment, all other terms remain unchanged and
in full force and effect.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AMENDMENT ON THE EFFECTIVE DATE:
RAU AND ASSOCIATES, INC.
BY:
GEO GE C. RAU, PRESIDENT
CITY OF UKIAH
BY: --5;
SAVE SANG COMO, CITY MANAGER
ATTEST 4a/t/ /n — BY: . v� "✓ l
KRISTINE LAWLER, CITY CLERK
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DATE:
DATE: L� S7- t'te'
EXHIBIT A
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February 25 2,
City of Ukiah
300 Seminary Avenue
Ukiah, CA 954132
Job No R11003.4
Attn: Shannon Riley, Senior Management Analyst
RE: AMENDMENT #1 TO AGREEMENT 1415 -166 - TO PERFORM TASKS RELATED TO
PREPARING APPLICATIONS FOR VARIOUS PERMITS AND DESIGN DEVELOPMENT (PHASE 2
ENGINEERING) FOR THE DEVELOPMENT OF INFRASTRUCTURE AT THE RAILROAD CENTER
PROPERTY AT 309 EAST PERKINS STREET
Dear Ms. Riley:
This is to request an amendment to our agreement to provide some environmental studies to
support the applications to the resource agencies for the Gibson Creek Crossing of Courthouse
Boulevard and to provide background studies for the CEQA documents to be prepared for the
infrastructure improvement project. The request is due to continuing evaluation of information
necessary to support the applications for a structure on Courthouse Drive across Gibson Creek
and to supplement studies performed for the Ukiah Courthouse EIR on behalf of the State of
California's Judicial Council.
Time is critical in order to be able to complete the applications to the Resource Agencies and
because of critical blooming windows for some plant species which will be coming up soon.
Wetlands Delineation; Wetlands Mitigation and Monitoring Plan
A careful reading of Appendix D to the Preliminary EIR for the Ukiah Courthouse (Railroad
Depot Site) prepared in 2011 revealed that, although no wetlands were mapped on the
Wetlands Mapper database "several shallow depressions which pond water seasonally" were
observed which retained storm water for some undetermined length of time. No wetlands
delineation was made as part of the supporting studies in the Ukiah Courthouse EIR to
determine if wetlands exist either in the shallow depressions or in the Gibson Creek Channel. A
wetlands delineation by a qualified professional is required in order to answer questions in the
applications to the US Army Corps of Engineers(ACE), the Regional Water Quality Control
Board(RWQCB) and the Department of Fish and Wildlife(DFW) Consultations with US Fish
and Wildlife and with NOAA - Fisheries by the ACE may also be part of the permit process and
the knowledge of presence or absence of wetlands is a requirement
If wetlands are identified and delineated and they are in the area planned for construction of
infrastructure, there must be compensatory mitigation for their loss during construction
100 NORTH PINE STREET UKIAH, CALIFORNIA 95482 • 707- 462 -5536 • FAX 707. 463.2729
www.rauandassoc.com
There is also Gibson Creek, the low flow channel of which is clearly within the "Waters of the
United States" There are also some trees which will be unavoidably lost during construction of
the structure crossing Gibson Creek, It is helpful to have a qualified professional with botanical
expertise to assist in designing mitigation to compensate for areas and vegetation which will be
lost through unavoidable impacts.
The following tasks indicate how we propose to address these issues:
Task E.1 — Wetlands Delineation
Jane Valerius has the credentials to perform wetland delineations and assess the impacts of
loss of any wetlands as well as to make evaluations and recommendations concerning botanical
resources. She will compile her findings into a wetlands delineation report. RAU will assist her
with mapping the areas marked on the site and preparing exhibit maps for her report
Ms. Valerius will also attend a meeting onsite with the ACE to review the location of the
wetlands and waters of the United States.
Deliverables for this task include the delineation report and accompanying maps.
The cost of this task is estimated to be $5,834. including $2,955 for the work of Jane Valerius
and $2,879 for field mapping the delineated areas and providing the necessary exhibit maps for
the report by RAU.
Task E.2 — Mitigation Drawings; Mitigation and Monitoring Plan
RAU will develop one sheet of construction drawings for the onsite compensatory mitigation
work which is feasible and practical to achieve. Later. this plan can be incorporated into the
construction plans, which will be developed in the Phase 3 engineering for this project. Jane
Valerius will assist with developing construction drawings for any mitigation onsite. She will also
develop a mitigation and monitoring plan with the elements required by ACE and usually by
RWQCB.
Deliverables for this task include the plans for the onsite mitigation deemed feasible to achieve.
There may have to be additional mitigation areas identified offsite, but this will not be known
until the impacts are identified and quantified.
The mitigation and monitoring plan will be a separate document to accompany the resource
agency applications as needed.
The cost of this task is estimated to be $5,375, including $2,750 for the work of Jane Valerius
and $2,625 for preparation of the construction drawing by RAU.
A detailed scope of work by Jane Valerius Environmental Consulting, with assumptions,
limitations, and a description of additional work which may be required, is attached to this
request for Amendment #1.
The total estimated fee for the additional work related to potential wetlands and developing a
rnmtigation and monitoring plan is $11.209
Update of Floristic Botanical Survey
Task E_3 — Limited Review of Plant Resources
In reviewing the Ukiah Courthouse EIR, with the intent of using it as a base document for CEQA
evaluation of the infrastructure project, it was noted that there was a thorough evaluation by a
qualified professional, who concluded that there were no species of concern in the project area
However, this study was done in May to July of 2011. The typical standard for acceptance of
such a report is five years, which would terminate in May of 2016. Therefore it was deemed
prudent to support findings in the CEQA document for the infrastructure to have a qualified
professional review the site to confirm that the absence of species of concern is still true. This
issue was verbally discussed with Jane Valerius. who stated she would be able to review the
site for suitable habitat once during her visit to do the wetlands delineations She could add a
second visit in another of the blooming windows to again confirm the absence of species of
concern. She will then write a brief letter report updating the previous findings.
The cost of this work is estimated to be $750.
Proposed Maximum Not -to- Exceed Fee
We propose to complete the tasks included in the amended scope of engineering services
described for an additional Not -To- Exceed Fee of $11.959, which will amend the agreed Not -
To- Exceed Fee of $38,500 to a total Not -To- Exceed Fee of $50,459. The schedule of fees and
the basis for estimating the engineering costs for this amendment is unchanged from the
original agreement.
Proposed Schedule
We anticipate that wetlands delineation and wetlands report will be completed in approximately
fcur weeks from authorization to proceed. We anticipate completing the remaining deliverables
within approximately two weeks after the wetlands report is done.
Assumptions and Exclusions:
This proposal is based upon the following assumptions:
• There will be adequate area onsite, in areas adjacent to the creek and not intended for
development, to use for compensatory mitigation of any unavoidable loss of wetlands or
vegetation.
• No plant species of special concem will be identified in the process of updating the
botanical report prepared for the Ukiah Courthouse EIR.
]'1
Thank you for this opportunity to be of service.
Attachments:
Proposal fromJane Valerius Environmental Consulting
Very truly yours.
George C Rau, President
Rau and Associates, Inc
Registered Civil Engineer 21908
Expires 09 -30 -2017
JANE i':9LERIUS
ENVIRONMENTAL CONSULTING
2893A Scotts Right of Way, Sebastopol, CA 95472
Office: (707) 824 -1463 ♦ Mobile: (707) 529 -2394
Email: jvalerius(iidearthlink.net
wrvn.irenvironmentaI.com
January 7, 2016
Mr. George C. Rau
Rau and Associates, inc.
104 N. Pine Street
Ukiah, CA 95482
RE: Delineation of Waters of the U.S. and State, including Wetlands, 309 East Perkins, Ukiah
Dear Mr. Rau:
The following is a proposed scope and cost to conduct a delineation of waters of the U.S. and state,
including wetlands, for the project located at 309 East Perkins in Ukiah, Mendocino County. Califomia.
The scope is based on information provided in your emails of January 5, 2016 and our phone
conversation. As we discussed, the delineation would include any areas that might be needed for both the
project and potential mitigation. This would be the study area boundary, which would include the project
limits. 1 have also included a task to assist in identifying potential mitigation areas and to develop a
wetland mitigation and monitoring plan as part of the permit process for the project.
SCOPE OF WORK
Task 1: Delineation of Waters of the U.S., Including Wetlands. Jane Valerius will conduct a
delineation of potential wetlands and waters of the United States in accordance with the U. S. Army
Corps of Engineer's (Corps) 1987 manual and the Arid West Supplement for the proposed project. A
delineation report will be prepared that describes the findings of the delineation and can be submitted to
the Corps for their jurisdictional determination. The repon will include a delineation map, data sheets, and
supplemental information to support the delineation analysis. A site visit with the Corps is included in the
scope as they usually conduct a site visit to confirm the delineation. The delineation will include all the
information required by the Corps to make a formal jurisdictional determination. As part of the report the
following information is required: 1) a locality map; 2) USGS quad sheet or copy with the project
boundary outlined; and 3) the delineation map on an aerial or topographic base.
I will flag the wetland areas and I understand that Rau & Associates will survey the wetland areas and
produce the necessary delineation map. The following cost estimate includes a site visit with the Corps to
verify the delineation plus revisions after the Corps site visit in the event there are any changes. I am
estimating 8 hours for field and travel, 10 hours for the report and 5 hours for a follow -up site visit with
the Corps to verify the delineation, including any changes if required. My billing rate is $125/hour and
mileage is billed at S0.54/mile. 1 will only bill for the time 1 actually use.
TASK 1 LABOR AND EXPENSES: 52,955.00
Task 2: Wetland Mitigation and Monitoring Plan. I will assist Rau & Associates with identifying
potential mitigation sites for the proposed project. I will also develop a wetland mitigation and
monitoring plan in accordance with the U.S. Army Corps of Engineers guidelines. Elements of the plan
would include:
1. A description of the resource type(s) and amount(s) that will be provided, the method of
compensation (restoration, establishment, preservation etc.), and how the anticipated
functions of the mitigation project will address watershed needs.
2. A description of the factors considered during the site selection process. This should include
consideration of watershed needs, onsite alternatives where applicable, and practicability of
accomplishing ecologically self - sustaining aquatic resource restoration, establishment,
enhancement, and/or preservation at the mitigation project site.
3. A description of the legal arrangements and instrument including site ownership, that will be
used to ensure the Long -term protection of the mitigation project site.
4. A description of the ecological characteristics of the proposed mitigation project site.
5. Detailed written specifications and work descriptions for the mitigation project, including: the
geographic boundaries of the project; construction methods, timing, and sequence; source(s)
of water; methods for establishing the desired plant community; plans to control invasive
plant species; proposed grading plan; soil management; and erosion control measures.
6. A description and schedule of maintenance requirements to ensure the continued viability of
the resource once initial construction is completed.
7. Ecologically -based standards that will be used to determine whether the mitigation project is
achieving its objectives.
8.A description of parameters monitored to determine whether the mitigation project is on track
to meet performance standards and if adaptive management is needed along with a schedule
for monitoring and reporting monitoring results to the Corps.
9. A description of how the mitigation project will be managed after performance standards have
been achieved to ensure the long -term sustainability of the resource, including long -term
financing mechanisms and the party responsible for long -term management.
10. A management strategy to address unforeseen changes in site conditions or other components
of the mitigation project, including the party or parties responsible for implementing adaptive
management measures.
11. A description of financial assurances that will be provided and how they are sufficient to
ensure a high level of confidence that the mitigation project will be successfully completed,
in accordance with its performance standards.
1 estimate about 8 hours of my time to assist in identifying suitable sites for mitigation which could
include an additional site visit, meetings, and project coordination, plus 12 hours to develop the
report and 2 hours for any changes or revisions for a total of 22 hours at $125/hour. 1 will only bill
for the time used.
TASK 1 LABOR AND EXPENSES: 52,750.00
ASSUMPTIONS:
• Jane Valerius Environmental Consulting requires access to all project reports, aerial photographs,
and maps relating to the site's environmental resources in order to provide the described scope of
services in an efficient manner. It is assumed that Client will provide all necessary site plans, base
maps, and grading plans.
• Client or other project team members shall provide services not included in this scope of work,
including: detailed description of the proposed activity, including secondary project features such
as access roads, etc., preparation of CAD or other digital drawings, CEQA or NEPA documents,
planning, engineering, geotechnical, hazardous waste, cultural resources and hydrologic services.
309 East Perkins, Ukiah 2 Jane Valerius
January 7, 2016 Environmental Consulting
The Client or others shall provide necessary hydrologic studies, including studies of drainage,
water table profiles and water quality, necessary for wetlands mitigation planning.
• This scope of work is provided as complete. Related services not included in this scope may
include, but are not limited to, focused wildlife or plant surveys other than those described above,
analysis of impacts, extensive or protracted agency negotiations, beyond what is described,
development of conceptual or detailed mitigation plans, attendance at any meetings other than
those described, additional team coordination, completion or review of any CEQA or NEPA
documentation, response to comments, additional client or agency coordination, presentations, or
attendance at public hearings.
• No guarantees, expressed or implied, are made by Jane Valerius Environmental Consulting
regarding final approval or acceptance by agencies of survey results, project plans, or mitigation
measures.
COMPENSATION AND TERMS
Jane Valerius Environmental Consulting can perform the services described in the above tasks in this
proposal on a time - and - materials basis. All expenses, such as mileage, postage, fax, etc. will be billed at
direct cost to the client. The proposed fee is for the herein - described services only. Any additional
services requested by Client, such as attendance at additional meetings, will be considered "extra
services" and will be billed at rates currently in effect at the time services are performed. Extra services
will not be performed without verbal and /or written authorization from Client.
This proposal is valid for 60 days. I will not conduct any field work until all contract documents,
including insurance wording, limits and other requirements, have been provided to us, with sufficient time
to obtain the necessary insurance certificate, and fully execute contracts. Billing will be submitted upon
completion of the scope work identified in this contract; if work extends over successive monthly periods,
statements will be submitted monthly. Invoices are due and payable upon delivery and are considered to
be past due after 30 days from the date of the invoice.
I am prepared to proceed with the services describe upon receipt of a signed copy of this proposal/
agreement or upon receipt of a scanned copy of a signed signature page or you may provide a contract of
your choosing. I look forward to working with you on this project.
ACCEPTANCE AND AUTHORIZATION
Accepted on this 7th day of January 2016 at Sebastopol, Sonoma County, California.
Jane Valerius Date
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Client AND A-6S00 A iZS,4e. Date
309 East Perkins, Ukiah 3 Jane Valerius
January 7, 2016 Environmental Consulting