Loading...
HomeMy WebLinkAbout2022-03-07-J01H_05 Professional Consulting Svcs Agr_Kettlestone Burt Property Environmental Svcs\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 7, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Foth Infrastructure and Environment, LLC [Kettlestone Burt Property Environmental Services] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Services to be provided by Foth consist of the completion of the U.S. Army Corps of Engineers (USACE) Section 404 permitting necessary for proposed streets (SE Kettlestone Blvd and SE Parkview Crossing Dr) and a regional detention basin on the Burt (aka Oakleaf) property located in the Kettlestone Development west of Grand Prairie Parkway and south of Ashworth Rd. Services will include performing a wetland and waters of the U.S. delineation update, preparing two USACE Section 404 Permit applications and mitigation plans for the street and detention basin, and attending project meetings. Foth will prepare an Alternatives Analysis for the regional detention basin. This scope of services is based on the following project assumptions: Base data from the April 15, 2015 Wetland Delineation Report will be verified as part of the delineation update. Phase 1 Cultural Resource Survey and Threatened and Endangered (T&E) Species Habitat Assessment report from 2015 and 2016 are still valid and do not need to be updated. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $25,700.00, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3 of the agreement. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. Agreement for Professional Consulting Services PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK J1H5 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC [KETTLESTONE BURT PROPERTY ENVIRONMENTAL SERVICES] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City desires to retain the consultant services of Foth Infrastructure and Environment, LLC for the Kettlestone Burt Property Environmental Services Project; AND, WHEREAS, the scope of services consist of the completion of the U.S. Army Corps of Engineers (USACE) Section 404 permitting necessary for proposed streets (SE Kettlestone Blvd and SE Parkview Crossing Dr) and a regional detention basin on the Burt (aka Oakleaf) property located in the Kettlestone Development west of Grand Prairie Parkway and south of Ashworth Rd. Services will include performing a wetland and waters of the U.S. delineation update, preparing two USACE Section 404 Permit applications and mitigation plans for the street and detention basin, and attending project meetings. Foth will prepare an Alternatives Analysis for the regional detention basin; AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between Foth Infrastructure and Environment, LLC and the City of Waukee, Iowa [Kettlestone Burt Property Environmental Services] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 7th day of March 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair Foth Infrastructure & Environment, LLC Kettlestone Burt Property Project No. _______ Environmental Services Waukee, Iowa AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Kettlestone Burt Property Environmental Services Waukee City Project No. This Agreement is made and entered into this 7th day of March , 2022, by and between the CITY OF WAUKEE, a municipal corporation, hereinafter referred to as “City”, and FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC, (Fed. I.D. #20-5814224), a limited liability company licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as “Consultant” as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1. SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1, Scope of Services. 2. SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized City representative. The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resulting from causes not directly or indirectly related to the actions of the Consultant. 3. COMPENSATION A. In consideration of the professional services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. I. Basic Services of the Consultant $ 25,700.00 Total Compensation $ 25,700.00 B. The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually completed at the time of the invoice. Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. C. In consideration of the compensation paid to the Consultant, the Consultant agrees to perform all professional services to the satisfaction of the City by performing the professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances. If the performance of this Agreement involves the services of others or the furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same in full. 4. INSURANCE A. Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies. Consultant shall provide insurance coverage for and on behalf of Consultant that will sufficiently protect Consultant or Consultant' representative(s) in connection with the professional services which are to be provided by Consultant pursuant to this Agreement, including protection from claims for bodily injury, death, property damage, and lost income. Consultant shall provide worker's compensation insurance coverage for Consultant and all Consultant's personnel. Consultant shall file applicable insurance certificates with the City, and shall also provide evidence of the following additional coverage. B. The Consultant shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death; $1,000,000 general aggregate personal injury and/or death; and $1,000,000 for each property damage accident. The evidence shall designate the City as an additional insured, and that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. C. The Consultant shall also provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined. The evidence shall designate the City as an additional insured, and that it cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. D. The Consultant shall provide evidence of professional liability insurance, by an insurance company licensed to do business in the State of Iowa, in the limit of $1,000,000 for claims arising out of the professional liability of the Consultant. Consultant shall provide City written notice within five (5) days by registered mail, return receipt requested of the cancellation or material alteration of the professional liability policy. E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 5. NOTICE Any notice to the parties required under this agreement shall be in writing, delivered to the person designated below, by United States mail or in hand delivery, at the indicated address unless otherwise designated in writing. FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: Foth Infrastructure and Environment Attn: Rudy Koester, P.E. Attn: Joshua C. DeBower, P.E. Title: Director of Public Works Title: Local Municipal Market Leader Address: 230 W. Hickman Road Address: 8191 Birchwood Court, Suite L City, State: Waukee, IA 50263 City, State: Johnston, IA 50131 6. GENERAL COMPLIANCE In the conduct of the professional services contemplated hereunder, the Consultant shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications issued by the City. Consultant must qualify for and obtain any required licenses prior to commencement of work, including any professional licenses necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 9. NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for employment because of race, color, sex, national origin, religion, age, handicap, or veteran status. Consultant will, where appropriate or required, take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, sex, or national origin, religion, age, handicap, or veteran status. Consultant will cooperate with the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 10. HOLD HARMLESS Consultant agrees to indemnify and hold harmless the City, its officers, agents, and employees from any and all claims, settlements and judgments, to include all reasonable investigative fees, attorney's fees, and court costs for any damage or loss which is due to or arises from a breach of this Agreement, or from negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom Consultant is legally liable. 11. ASSIGNMENT Consultant shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the City. 12. APPROPRIATION OF FUNDS The funds appropriated for this Agreement are equal to or exceed the compensation to be paid to Consultant. The City's continuing obligations under this Agreement may be subject to appropriation of funding by the City Council. In the event that sufficient funding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement, or if appropriated funding is not expended due to City spending limitations, the City may terminate this Agreement without further compensation to the Consultant. To the greatest extent allowed by law, the City shall compensate Consultant as provided in Section 18(A) of this Agreement. 13. AUTHORIZED AMENDMENTS TO AGREEMENT A. The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form, order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payable under the amendment, order or directive to exceed the amount appropriated for this Agreement as listed in Section 3, above, unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. B. The Consultant and the City further acknowledge and agree that no amendment to this Agreement or other form, order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs, and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement. The Consultant expressly waives any right to additional compensation, whether in law or equity, unless prior to commencing the additional work the Consultant was given a written amendment, order or directive describing the additional compensable work to be performed and setting forth the amount of compensation to be paid, such amendment, order or directive to be signed by the authorized City representative. It is the Consultant's sole responsibility to know, determine, and ascertain the authority of the City representative signing any amendment, directive or order. 14. OWNERSHIP OF CONSULTING DOCUMENTS All sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall become the property of the City; a reproducible set shall be delivered to the City at no additional cost to the City upon completion of the plans or termination of the services of the Consultant. All drawings and data shall be transmitted in a durable material, with electronic files provided when feasible to do so. The Consultant's liability for use of the sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall be limited to the Project. 15. INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement. This is a completely integrated Agreement and contains the entire agreement of the parties; any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party. The laws of the State of Iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County, Iowa. 16. COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project, or any federal requirement is imposed on the Project, Consultant agrees that Consultant will comply with all relevant laws, rules and regulations imposed on City and/or Consultant necessary for receipt of the federal appropriation. Consultant shall provide appropriate certification regarding Consultant's compliance. 17. SOLICITATION AND PERFORMANCE A. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or contingent fee. B. The Consultant shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. 18. SUSPENSION AND TERMINATION OF AGREEMENT A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be effected by the City giving written notice to the Consultant, and shall be effective as of the date established in the suspension notice. Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice. Should the City reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of six (6) months after such suspension, unless this period is extended by written consent of the Consultant. B. Upon ten (10) days written notice to the Consultant, the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement. In such case, the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C. The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers' compensation insurance or other insurance provided for in this Agreement. In the event of such default by the Consultant, the City may give ten (10) days written notice to the Consultant of the City's intent to terminate the Agreement. Consultant shall have ten (10) days from notification to remedy the conditions constituting the default. D. In the event that this Agreement is terminated in accordance with paragraph C of this section, the City may take possession of any work and may complete any work by whatever means the City may select. The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. E. The Consultant may terminate this Agreement if it is found that the City has violated any material term or condition of this Agreement. In the event of such default by the City, the Consultant shall give ten (10) days written notice to the City of the Consultant's intent to terminate the Agreement. City shall have ten (10) days from notification to remedy the conditions constituting the default. 19. TAXES The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on the work covered by this Agreement. The Consultant shall execute and deliver and shall cause any sub-consultant or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. The project consists of construction Section 404 Permitting for proposed streets and a regional detention basin within the Burt Property of the Kettlestone Development in Waukee, Iowa. Services will also include performing a Wetland & WUS Delineation Update, preparing two Section 404 Permit Applications and Mitigation Plans for the street and detention basins, and attending project meetings. We will also prepare an Alternatives Analysis for the regional detention basin. This scope of services is based on the following project assumptions: · Base data from the April 15, 2015 Wetland Delineation Report will be verified as part of the delineation update. · Phase 1 Cultural Resource Survey and Threatened and Endangered (T&E) Species Habitat Assessment report from 2015 and 2016 are still valid and do not need to be updated. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: 1. ENVIRONMENTAL SERVICES The Consultant will complete the following environmental services as part of the Project. Task 1 – Wetland/Waters of the United States (WUS) Delineation Update The Consultant completed a wetland delineation of the project area, as documented in the Wetland & WUS Delineation Report dated April 8, 2015. The previous delineation is more than five years old and is not considered valid by the U.S. Army Corps of Engineers (USACE). The delineation will use mandatory technical criteria, field indicators, and other sources of information to assess whether the project area has jurisdictional wetlands or Waters of the United States (WUS). The classification will be performed by an experienced biologist, environmental scientist, or engineer. If additional wetlands are present, the upper boundaries within the project area will be identified. WUS will also be identified and mapped during the delineation. The methods the Consultant will use in the delineation generally follow the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (2010) and the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987). Under normal circumstances, wetlands generally have three essential characteristics: hydrophytic vegetation, hydric soils, and wetland hydrology. Our proposed Scope of Work includes the following: ¨ Assemble historic aerial photos from 2013 to 2021. ¨ Collect additional data from the 2014 data point locations and complete updated Wetland Determination Data Forms. ¨ Perform on-site visit to verify the areas of the previously identified wetlands. If additional wetland areas are identified, the following items will be performed at discrete data point locations within the new areas.  Assess each stratum of vegetation (i.e., trees, saplings/shrubs, herbs, and woody vines). Vegetation will be classified by Genus species and dominance will be assessed.  Classify soil types and evaluate hydric soil indicators using shallow soil probes or spade holes.  Observe site characteristics for wetland hydrology indicators. ¨ Utilize a hand-held GPS unit (sub-meter accuracy) to map the location and boundaries of delineated wetlands and WUS. If heavy tree cover is present, a non- GPS survey may be needed to identify wetland boundaries. Fees for standard surveying have not been included in this proposal. ¨ Prepare maps showing the delineated wetland and WUS area(s). ¨ Submit a Wetland Delineation Report Update containing the applicable data, wetland jurisdictional rationale, and proposed project information. The scope of this proposal includes one site visit to conduct a baseline delineation. If the USACE requests additional information, the Consultant will provide additional scope for your approval prior to conducting the work. Task 2 –Mitigation Plans and Section 404 Permit Application The Consultant will prepare and submit two Section 404 Permit Applications containing the applicable data, wetland jurisdictional rationale, and proposed project information to the USACE, Iowa Department of Natural Resources (IDNR) Flood Plain Section, and IDNR Sovereign Lands Section. The Consultant will prepare Mitigation Plans for two projects, a regional detention basin and street construction, to address Section 404 permitting requirements. The Mitigation Plans will summarize each wetland and WUS area that will be impacted by the project based on the findings in the Delineation Update Report and the proposed plans for the projects. The project site is located within the primary service areas of the Voas Mitigation Bank, McCorkle Mitigation Bank, White Fox Mitigation Bank and Des Moines River Mitigation Bank, which offer emergent wetland, forested wetland and WUS credits. The Consultant will contact the bank/banks regarding the purchase of credits for wetland and WUS impacts. The Consultant will utilize the State of Iowa Stream Mitigation Method as a guideline for determining the quantity of WUS credits need for the project and wetland credits will be based on USACE regulatory guidance. The scope of this proposal does not include design of a wetland or WUS mitigation area if mitigation banks, or the in-lieu fee program cannot be utilized. Task 3 – Alternatives Analyses, if needed If an Individual Permit will be required for the regional detention basin project, the USACE will require an Alternative Analysis in addition to the Mitigation Plan. The Consultant will prepare an Alternative Report that will include the following discussions: project purpose, project need, alternate site analysis, avoidance of impact, minimization of impact, and compensatory mitigation. Following submittal of the Alternatives Analysis, the Consultant will coordinate with the USACE to facilitate issuance of the Section 404 Permit. If an Alternate Analysis is required, the City will need to provide background and supporting information, such as alternate sites evaluated or demographic information. The proposed fees for the alternatives analysis assume that the City will provide the Consultant information required to generate the Alternative Analysis report. Task 5 – Project Meetings The Consultant will meet with the City and/or the USACE to review progress and to discuss specific elements of the project. Fees are based on two meetings occurring in the Des Moines metropolitan area. For budgetary purposes, it is assumed that the meetings will be attended by two staff members. Additional fees may be incurred for meetings requiring field investigation and/or travel to the USACE office in Rock Island, Illinois. PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City: · Wetland & WUS Delineation Update Report · Section 404 Permit Application and Mitigation Plan for the proposed regional detention basin · Section 404 Permit Application and Mitigation Plan for the proposed street projects · Alternatives Analyses for the proposed regional detention basin. ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Additional meetings or data collection/evaluation requested by the USACE. 2.) Design of a wetland or WUS mitigation area if mitigation bank credits are not available. 3.) Additional T&E species studies, such as an updated habitat assessment, mist netting, acoustic surveys, emergence surveys, or botanical surveys ATTACHMENT 2 SCHEDULE The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to proceed is issued by the City on or before April 4, 2022. I. Basic Services of the Consultant A. Anticipated Contract Approval March 7, 2022 B. Wetland & WUS Delineation Update April - June, 2022 C. Mitigation Plan and Alternatives Analysis May – July, 2022 ATTACHMENT 3 SCHEDULE OF FEES FOTH INFRASTRUCTURE AND ENVIRONMENT, L.L.C 2022 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION Director Project Manager Project Scientist Project Engineer Staff Engineer Planner Technology Manager Technician Construction Manager Land Surveyor Project Administrator Administrative Assistant HOURLY RATE $208.00 $178.00-$205.00 $121.00-$147.00 $147.00-$196.00 $121.00-$146.00 $121.00-$194.00 $173.00 $82.00-$149.00 $173.00 $138.00-$173.00 $80.00-$100.00 $60.00 REIMBURSABLE EXPENSES 1. Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.88 per mile. ADJUSTMENTS TO FEE SCHEDULE 1. Fee schedule effective January 1, 2022. Rates subject to change annually on January 1.