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Home My WebLink About2022-06-06 I01H_03 Professional Consulting Svcs Agr Amendment 1_Kettlestone Burt Property Environmental Svcs\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 6, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services Amendment No. 1 with Foth Infrastructure and Environment, LLC. [Kettlestone Burt Property Environmental Services Project] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The City and Consultant agree to amend the original Agreement to include addition services associated with the completion of a Threatened and Endangered (T & E) Species Habitat Assessment, including an acoustic bat survey and rusty patched bumble bee survey. This assessment is required as part of the U.S. Army Corps. of Engineers and Iowa DNR permitting process. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $12,700.00, including any authorized reimbursable expenses. The original services agreement was for $25,700.00. The new agreement amount will be for $38,400.00. 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 I1H3 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES AMENDMENT NO. 1 WITH FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC [KETTLESTONE BURT PROPERTY ENVIRONMENTAL SERVICES PROJECT] 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 approved the original Professional Consulting Services Agreement with Foth Infrastructure and Environment, LLC for the Kettlestone Burt Property Environmental Services on March 7, 2022 (RES 2022-079); AND, WHEREAS, the City and Consultant agree to amend the original agreement to include additional services associated with the completion of a Threatened and Endangered Species Habitat Assessment, including an acoustic bat survey and rusty patched bumble bee survey 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 Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 6th day of June 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 and Environment, LLC Kettlestone Burt Property Project Number 22W006.00 SW of Grand Prairie Parkway and Ashworth Road Waukee, Iowa Page 1 ENGINEERING SERVICES AMENDMENT NO. 1 PROJECT NO. 22W006.00 THIS AMENDMENT, made and entered into this 6th day of June 2022 by and between, the CITY OF WAUKEE, IOWA, hereinafter referred to as the “City”, and FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC., hereinafter referred to as the "Consultant", for professional services in connection with the environmental services for the proposed development of the Burt Property within the Kettlestone development, hereby amends the original Agreement dated March 7, 2022 as follows: The City and Consultant agree to amend the original Agreement to include additional services associated with: • Completion of a Threatened and Endangered (T&E) Species Habitat Assessment, including an acoustic bat survey and rusty patched bumble bee survey I. Basic Services of the Consultant TASK A – Threatened and Endangered (T&E) Species Habitat Assessment The Consultant completed the following additional service as part of the project. Task A.1 Threatened & Endangered Species Habitat Asses sment The U.S. Fish and Wildlife Service’s (FWS) Information for Planning and Consultation system will be searched to identify those federally-listed species with the potential to occur in Dallas County. In addition, the Iowa Department of Natural Resourc es Natural Areas Inventory database will be searched to obtain records of known occurrences of state-listed rare, threatened, and endangered species or unique natural communities in the project area. A staff environmental scientist will conduct a walking survey of the project area to assess the potential of the area to support federal - or state-listed threatened or endangered species. A final report will be prepared that will include the results of the database searches, a summary of habitat preferences and potential habitat locations for listed species potentially occurring in the project area, potential impacts to listed species, and recommendations for species -specific surveys as needed. Task A.2 Bat Acoustic Survey This task consists of conducting an acoustic presence/probable absence survey using methods described in the FWS 2022 Range-wide Indiana Bat Survey Guidelines. As per the guidelines, the protocols can also be used for northern long-eared bat presence/probable absence surveys. The guidelines state that for non-linear projects, acoustic surveys should include a minimum of 10 to 14 detector nights per 123 acres (0.5 square kilometer) of suitable summer habitat. For the Indiana bat, at least two detector locations per 123 acres “site” shall be sampled until at least eight detector nights have been completed over the course of at least two calendar nights. For the Northern long-eared bat at least two detector locations per 123 acre “site” shall be completed until at least 14 detector nights h ave been completed over the course of at least 2 calendar nights. Based on aerial photography, the Consultant understands that the project area contains approximately 40 acres of suitable habitat; therefore, the project site will require 14 detector nights to complete the survey. The Consultant will deploy a minimum of two acoustic detectors at the project site for a minimum of seven calendar night (14 detector nights). The detectors will be active from suns et to sunrise each night of sampling and the acoustic survey will be performed between May 15 and August 15. Acoustic data will be analyzed both quantitatively and qualitatively to assess the potential presence of Indiana bats and northern long-eared bats. Each data file will be processed to screen out noise files. Bat call analysis will consist of processing recorded calls with one of the FWS accepted auto-identification programs. Nights identified as having presence of either listed species (as indicated by a Maximum Likelihood Estimator [MLE] value of 0.05 or less) by the auto-identification program will be qualitatively analyzed by a qualified engineer or environmental scientist to confirm the identification. This will involve visually analyzing each call, starting with the first call on that night, until the species is either confirmed present, or until all calls from that night have been visually assessed and probable absence can be assumed. The methods and results of the acoustic presence/probable absence bat survey, including supporting tables and figures, w ill be included in the report prepared for Task A.1 . Foth Infrastructure and Environment, LLC Kettlestone Burt Property Project Number 22W006.00 SW of Grand Prairie Parkway and Ashworth Road Waukee, Iowa Page 2 Task A.3 Rusty Patched Bumble Bee Survey A subconsultant possessing a Recovery Permit for the Rusty Patched Bumble Bee (RPBB) will be retained to perform a survey of the project area. Surveys will consist of meander surveys in areas of the highest quality habitat within the survey area. Minimal time will be spent in lesser quality habitat. The area will be scanned for bumble bee activity, and the surveyor will move towards areas of activity or, if bumble bee activity is not obvious, the surveyor will travel from flower patch to flower patch looking for active bumble bees. No more than one minute will be spent at any flower patch without bumble bee activity. If necessary for identification, the surveyor may preferentially capture bees that match the description of RPBB, preferably one bumble bee at a time. Visual surveys to count or estimate other species besides RPBB may be used, but photographic documentation will be required for any RPBB record to be verified. Data sheets will note whether the population estimates by species are actual counts or estimates to avoid misinterpretation of data. Surveys will be conducted between 2 hours after sunrise until 3 hours before sunset on days with air temperatures above 60°F. Surveys will not be conducted during wet conditions (e.g., foggy, raining or drizzling), and surveyor(s) will wait at least one (1) hour after rain subsides before conducting a survey. Sunny days with low wind speeds (less than 8 mph) will be targeted, th ough partially cloudy days or days with overcast conditions may be used as long as the surveyor can still see their shadow. Identification methods will include a combination of photo surveys, and if necessary, capture and release surveys. A final report documenting the methods and results of the RPBB survey, including supporting tables and figures, will be prepared and will be suitable for submission to the resource agencies. Task A Subtotal - $12,700.00 In consideration for these services, the City agrees to adjust the compensation for services performed by the Consultant. These fees are based on the standard hourly rates of the Consultant’s personnel actually engaged in the performance of the services, plus direct out-of-pocket costs for expenses incurred by personnel who are actually engaged in the work and other direct costs. The total Hourly Not-to-Exceed fees for the professional engineering services as described in this amendment are as follows: I. Basic Services of the Consultant Task A $ 12,700.00 Total $ 12,700.00 THIS AMENDMENT is subject to all provisions of the original Agreement. THIS AMENDMENT, together with the original Agreement represents the entire and integrated AGREEMENT between the City and Consultant. THIS AMENDMENT executed the day and year written above. CONSULTANT CITY OF WAUKEE BY: BY: Name: Joshua C. DeBower, P.E. Name: Courtney Clarke Title: Local Municipal Market Leader Title: Mayor WITNESS ATTEST BY: BY: Name: Eva Moritz , P.E. Name: Rebecca D. Schuett Title: Lead Environmental Engineer Title: City Clerk Kettlestone Burt Property\Administrative\Contract\Amendment 1\Agr-2022-05-Waukee-Kettlestone Burt Property-Amend 1.doc