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HomeMy WebLinkAbout2013-03-11-Resolutions 13-055_Alice's Rd-105th St Interchange - Environmental StudyTHE CITY OF WAUKEE,IOWA RESOLUTION 13-055 APPROVING PROPOSAL FORENVlRONMENTAL SERVICES FROM STANTEC CONSULTING SERVICES,INC.,FOR THE ALICE'S ROAD/I05TH STREET INTERCHANGE PROJECT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the U.S.Fish and Wildlife Service is requiring the performance of an environmental survey related to the endangered Indiana Bat in the Alice's Road/lOS[h Street Interchange Project area; AND, WHEREAS,Stantec Consulting Services,Inc.,of Independence,IA,has provided a Proposal for Environmental Services for the required survey to both the Cities of Waukee and West Des Moines; AND, WHEREAS,the Cities of Waukee and West Des Moines will equally split the costs associated with the required survey. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Proposal for Environmental Services from Stantec Consulting Services,Inc.,for the Alice's Road/lOSth Street Interchange Proj ect,attached hereto as Exhibit A,is hereby approved,pending approval by the City of West Des Moines. Passed by the City Council of the City of Waukee,Iowa,and approved the ll'h day of March,2013. Attest: Tim Moerman,City Administrator ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X NAY ABSENT ABSTAIN X X EXHIBIT A Stantec Stantec Consulting Services Inc, 2300 Swan Lake Boulevard,Suite 102 Independence,Iowa 50644 Tel:(319)334-1998 March 6,2013 Mr.John Gibson Director of Public Works City of Waukee 805 University Avenue Waukee,Iowa 50263 RE;Proposal for Environmental Services Proposed Alice's Road/10S'hStreet Interchange Project Dallas County,Iowa Dear Mr.Gibson: Stantec Consuiting Services inc.(Stantec)is pleased to provide you with this proposal to conduct a mist net survey for the state-and federally-endangered Indiana bat within the study limits of the proposed Alice's Road/105'"Street Interchange Project.Services to be provided include a mist net survey using current U.S. Fish and Wildlife Service (USFWS)guidelines for mist netting Indiana bats. Our proposal includes sections describing our technical approach/scope of work,cost estimate,project schedule for your consideration. TECHNICAL APPROACHISCOPE OF WORK The project is to conduct a mist net survey in compliance with current USFWS guidelines for mist netting Indiana bats. Scope of Work Services to be provided for the Project under this Agreement are defined in the following tasks: Task 1 -Mist Net Survey This task includes conducting a mist survey at suitable sites within the proposed Alice's Road/105m Street Interchange project corridor beginning at Mills Civic Parkway and extending north to Ashworth Road using current USFWS guidelines for mist netting indiana bats.Stan tee biologists will conduct mist net surveys at up to two (2)sites within the project corridor. Stantec's bat biologists will conduct field investigations and make a final selection of mist net sites to be surveyed based on a combination of factors,including their proximity to other mist net sites and presence of key habitat characters.Site selection will be based upon canopy cover,presence of non-obstructed flyways, and forest condition.The actuai location and orientation of each net will be determined in the field prior to conducting surveys.Net sites will be located using a handheld GPS unit.Ground level photographs will be taken at each net site. Stanlec Mr.John Gibson March 6,2013 Page 2 Proposal for Environmental Services Alice's Road/1051h Street interchange Project Dallas County,Iowa As specified in the USFWS Guidelines,each netting site will consist of a minimum of 2 net sets.Mist-netting will occur during the five hours following sunset.Mist-netting equipment will consist of various sizes of the lowest visibility mesh nets commercially available which have mesh sizes of 1 Y,to 1 %inch,support poles and rebar,pulley ropes,and stabiiizing ropes.Due to concerns over White Nose Syndrome (WNS), equipment will be decontaminated following USFWS protocol.Due to the potential spread of White Nose Syndrome (WNS),mist nets used for this survey will be ones that have not been used in any other states known to have WNS.In addition,Stantec will also monitor updates to USFWS guidelines. Bats will be iive-caught in mist nets,removed by team leaders,processed (collect and record data),and released unharmed at the capture site.If provided by USFWS,wing bands having unique numbers to Identify individual bats will be placed on forearms of captured bats prior to release.Captured bats will be identified to the species level and the sex,age class,and reproductive condition of each bat will be determined.The weight and right forearm length of each individual bat will be recorded.Reproductive condition of female bats will be recorded as pregnant (based on gentle abdominal palpation),lactating,post-lactating,or non- reproductive.Documentation photos will be taken for all species encountered on site. A report will be prepared detailing the results of the survey. Task 2 -Radio Telemetrv (if needed) If Indiana bats are found during the mist net survey,a maximum of five (5)individual bats will be fitted with radio transmitters.Bats will be tracked to roost trees for a maximum of seven (7)days or until transmitter failure or detachment,whichever occurs first.If the transmitter fails or becomes detached prior to the 7~day, Stantec will immediately contact the USFWS Field Office.Stantec will conduct daily searches for bat roost sites until the bat is located or the 7 day tracking period ends.If access to roost sites is not possible,sites will be estimated using telemetry bearings from at least two locations.If landowner access Is granted,field data collected at each roost tree located,including type of roost (e.g.trees,buildings,bridges),identification of the bat using the roost (transmitter frequency andlor band number),tree species (if a tree roost),diameter at breast height (dbh)of tree,percent of bark cover,percent of canopy cover at roost location,aspect of roost, and proximity to water.Roost site locations will be recorded using a handheld GPS unit.Digital photographs that illustrate roosting conditions will be obtained at each roost site.If landowner permission is not available, biologists will use triangulation and other non-trespassing methods to narrow the location of the roost to the smallest area possible. Results of the radio-telemetry will be included in the report described in Task 1 above. Assumptions 1.Stantec staff would have access to the slte(s)upon proper and timely notification of such site vislt(s) to the city of Waukee and affected property owners.The city of Waukee Is responsible for obtaining landowner permission. 2.Stantec would be furnished available Infonmation needed for the project,all of which Stantec may rely upon without independent verification in performing the services,including any coordination with the USFWS and the Iowa DOT related to Indiana bats. 3.On-site meetings with the USFWS,iowa DOT,or other regulatory agencies,are not included in this Scope of Services and would be considered an extra service at current billing rates. Mr.John Gibson March 6,2013 Page 3 Proposai for Environmental Services Alice's Road/105"Street Interchange Project Dallas County,Iowa COSTS Stantec will complete the specified Scope of Work on a cost plus fixed fee basis for the fees listed below. See Page 5 for cost details. Task 1 -Mist Net Survey Task 2 -Radio Telemetry (if needed) Total $19,728 $15,627 $35,355 Any additional costs that arise in association with the specified Scope of Work will be closely coordinated with the client so that the fee estimate is not exceeded without clear understanding of both parties.Assumptions associated with this cost estimate are provided in the Technical Approach I Scope of Work section. TERMS AND CONDITIONS The above-stated fee for this scope of services is valid for 30 days from the date of this proposal.A service agreement for work on this project is attached.If this proposal is acceptable,please sign below and return one copy to the address shown on the letterhead and keep a copy for your records. Please remit payments for invoices to: Stantec Consulting Services Inc. 13980 Collections Center Drive Chicago,IL 60693 PROJECT SCHEDULE The USFWS require that mist net surveys be conducted between May 15 and August 31.Following receipt of a signed agreement,it Is anticipated the mist net survey would occur in late Mayor early June when weather conditions are suitable.Although the guidelines do allow for netting to occur as early as May 15,in our experience it not all female have arrived in Iowa or are reproductive by May 15,Therefore,the chances of missing a reproductive female are reduced greatly by holding off on conducting the survey until around June 1.Upon notice-to-proceed,Stantec will work with the city of Waukee to develop a schedule that meets your project needs and timeline.The final report will be prepared within two (2)weeks of completion of the mist net survey and telemetry activities (as needed). Stantec greatly appreciates the opportunity to provide you with this proposal to conduct the Indiana bat mist net survey within the study limits of the proposed Alice's Roadi1051h Street Interchange Project.We look forward to working with you on this project.If you have any questions,or require any additional information, please contact me at (319)334-3755. Sincerely, Stantec Consulting Services Inc. Tenry J.VanDeWalle Senior Biologist Mr.John Gibson March 6,2013 Page 4 Proposal for Environmentai Services Alice's Roadl1051h Street interchange Project Dellas County,Iowa The Terms and Conditions,and referenced Proposal scope of services and fees are agreed upon: .~::~L{Aw~Consultant:_ Terry J.VanDeWalle,Senior BiologisUAssociate Stantec Consulting Services Inc. 2300 Swan Lake Boulevard,Suite 102 independence,Iowa 50644 ClientN me (Printed):William F.Pea):"Q,Mavor Client Address:Ci tv of Waukee 230 W.Hickman Rd. Date_~3~16~/1~3~_ Date 03(11(2013 Waukee,IA 50263 STAr-ITEC CONSULTING SERVICES PROPOSAL FOR INDIANA BAT MIST NET SURVEY Cost Analysis l.Direct Labor Cost Category Hours Rate/Hour Bat Biologist 114 $55.00 Senior Biologist/Associate 8 $51.63 Environmental Scientist 0 $29.42 Botanist 0 $25.75 Environmental Technician 168 $18.85 Senior GIS Analyst 0 $35.39 GIS Analyst 4 $26.69 294 II.Payroll Burden and Overhead Provisional Costs III,Direct Project Expenses Category Mileage Per Diem Lodqlnq BiWCopies Color Copies Radio transmitters Unit 2550 26 16 2592 IV.Stantec Estimated Actual Costs V.Subcontract Expense VI.Estimated Actual Costs VII.Fixed Fee (12%) VII.Contingency IX.Maximum Amount Payable Rate/Unit $0.565 $49.00 $80.00 $0.11 $0.50 Amount $6,270.00 $413.04 $0.00 $0.00 $3,166.80 $0.00 $106.76 171.36% Amount $1,440.75 $1,274.00 $1,280.00 $0.00 $0.00 $1,100.00 Rounded $0.00 Page 5 $9,956.60 $17,061.63 $5,094.75 $32,112.98 $32,113.00 $0.00 $32.113.00 $3,242.00 $0.00 $35,355.00 PROFESSIONAL SERVICES TERMS AND CONDITIONS Paga lof3 Stantec The following Terms and Conditions are attached to and form part of the Proposal for Professional Services to be performed by Stantec Consulting Services Inc.("STANTEe"),and together,when the CLIENT authorizes STANTEe to proceed wIth the services, constltute the AGREEMENT. DESCRIPTION OF WORK:STANTEe shall render the services described in the Proposal (hereinafter called the "SERVICES")to tho CLIENT. TERMS AND CONDITiONS:No terms,conditions,understandings,or agreements purportIng to modify or vary these Terms and Conditions shall be bInding unless hereafter made in writing and signed by the CLIENT and STANTEe.In the event of any conflict between the Proposal and these Terms and Conditions,these Terms and Conditions shall take precedence.This AGREEMENT supersedes all previous agreements,arrangements or understandings between the parties whether written or oral In connection with or incidental to the PROJECT.All alterations,additions,or deletions to STANTEC's SERVICES or materials to be furnished by STANTEC shall be sot forth in a written change order signed by STANTEC.The Change Order shall clearly set forth the adjustment being made to the Contract Price resulllng from the change order.In the event that CLIENT orders additional work to be performed and a change order Is not executed by the parties,the CLIENT shall be responsible for all costs Including without limitation,labor,material,and equipment (collectively the "total costs"),and an additional fee equal to 10%of the total costs, COMPENSATION:Payment is due to STANTEC upon receipt of Invoice.Failure to make any payment when due is a material breach of this AGREEMENT and will entitle STANTEC,at its option,to suspend or tenninate this AGREEMENT and the provision of the SERVICES.Interest will accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month (18 percent per annum) or the maximum legal rate of interest.Unless otherwise noted,the fees in this agreement do not Include any value added,sales,or other taxes (hat may be applied by Government on fees for eervlces.Such taxes will be added to all Invoices as required. NOTICES:Each party shall designate a representative who is authorized to act on behalf of that party.All notices,consents,and approvals required to be given hereunder shall be In wrltlng and shall be given to the representatives of each party. CLIENT'S RESPONSIBILITIES:The CLIENT shall make available to STANTEC all relevant information or data pertinent to the PROJECT which Is required by STANTEC to perform the SERVICES.STANTEC shall be entitled to rely upon the accuracy and completeness of allinfonnation and data furnished by the CLIENT,Including infonnation and data originating with other consultants employed by the CLIENT whether such consultants are engaged at the request of STANTEC or otherwise.Where such lnfcrmatlon or data originates either with the CLIENT or Its consultants than STANTEC shall not be responsible to the CLIENT for the consequences of any error or omission contained therein.The CLIENT shall give prompt consideration to all documentation related to the PROJECT prepared by STANTEC and whenever prompt action Is necessary shall Inform STANTEe of CLIENT's decisions in such reasonable time so as not to delay the schedule for providing the SERVICES.When applicable,the CLIENT shall arrange and make provision for STANTEC's safe and secure entry to the PROJECT site as well as other public and private property as necessary for STANTEC to perform the SERVICES. STANTEC'S RESPONSIBILITIES:In performing the SERVICES,STANTEC will provide and exercise the standard of care,skill and diligence required by customarily accepted professional practices normally provided In the performance of the SERVICES at the time and the location in which the SERVICES were performed.This standard of care is the sale and exclusive standard of care that will be applied to measure STANTEC's performance.There are no other representations or warranties expressed or implied made by STANTEC.·~TA3'$f:E;~~4.¥i3traf.iP1li$-.S~l_S~4@~fW~~;tW--BfB4~.o!-}EN"~Sh:;!Hfuiii!mRif~r¥j-mik}-frmt~s -$+lJt'.}"J:ECAr~l1'kawy"m€up.,:g!-~&!H~9t,..,;j.jR~.$.ttliffl,,-pmnj§-B1iiJSB1ftJHf-4.~.p;N+~!~FE:ff~~_f..fi1~~~FPti:G€.g,..ln performing the SERVICES under this AGREEMENT,STANTEC shall operate as and have the status of an independent contractor and shall not act as,or be an employee of the CLIENT.The SERVICES performed by STANTEC shall be subject to the Inspection and the review of the CLIENT at all times but such inspection and review shall not relieve STANTEC from Its responsibility for the proper performance of the SERVICES. NO PERFORMANCE GUARANTIES:If the SERVICES Include the lnetallatlcn of any oquipment,product,materials,or goods of any sort,including plants and vegetation,STANTEC makes no representation or warranty regarding the performance thereof,including any warranty of fitness for a particular purpose or of merchantability. CONFIDENTIALITY:Confidential Infonnatlon shall mean all information disclosed to STANTEC,which relates to the CLIENT's past,present and future business activities,STANTEC shall hold all such confidential inforrnetlon in trust and confidence for CLIENT,and agrees that It will not,during or after the tennination of the Agreement,disclose to any person, firm •corporation or entity,nor use for Its own business or benefits,any information obtained by it while in tho execution of the terms and conditions of this Agreement without the express permission of the CLIENT,except as required by law, ordinance,regulation or governmental order.This provision does not apply to information that is presently a matter of public knowledge or that becomes known to public In the future via publication or becomes otherwise obtainable from any source available to the public.This confidentiality provision supersedes and supplants any other confidentiality agreement or non-dlosclosure agreement between CLIENT and STANTEC that pertains to the Project and/or SERVICES. TERMINATION:Either party may terminate this AGREEMENT without causa upon thirty (30)days'notice In writing.If either party breaches this AGREEMENT,the non,defaultlng party may terminate this AGREEMENT after giving seven (7)days'notice to remedy the breach.On tennlnatJon of this AGREEMENT,the CLIENT shall forthwIth pay STANTEC for the SERVICES performed to the date ofterrninaUon.Non-payment by the CLIENT of STANTEC's invoices within 30 days of STANTEC rendering same Is agreed to constitute a material breach of this AGREEMENT and,upon written notice as prescribed above,the duties,obligations and responslbillties of STANTEC are terminated. Rev.Ecological Services 7-11-2011 PROFESSIONAL SERVICES TERMS AND CONDITIONS page2of3 Stamec SUSPENSION OF SERVICES:If the project is suspended for more than thirty (30)calendar days In the aggregate,STANTEe shall be compensated for services performed and charges incurred prior to receipt of notice to suspend and,upon resumption,an equitable adjustment In fees to accommodate the resulting demoblllzatron and remobilizatlon costs.In addition,there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension.If the PROJECT is suspended for more than ninety (gO)days,STANTEe may,at its option,terminate this agreement upon giving notice in wrltlng to the CLIENT. CODES,BYLAWS AND OTHER PUBLIC REGULATIONS:STANTEe shall observe and comply with all applicable laws, ordinances,codes and regulations of government agencies,Including federal,state,provincial,municipal and local governing bodies having jurisdiction over the conduct of the SERVICES ("LAWSJI ).However,it Is expressly acknowledged and agreed by the CLIENT that as the PROJECT progresses such codes,by-laws,other public regulations and LAWS may change or the interpretation of any public authority may differ from the interpretation of SrANTEe,through no fault of STANTEC,and any extra costs necessary to conform to such changes or interpretations dUring or after execution of the SERVICES will be paid by the CLIENT.STANTEe shall continue to provide equal employment opportunity to all qualified persons and to recruit,hire,train,promote and compensate persons In all jobs without regard to race,color,religion,sex,age,disability or national original or any other basis prohibited by applicable laws. JOBSITE SAFETY:Neither the professional activities of STANTEe,nor the presence of STANTEC or Its employees and subconsultants at a construction site,shall relieve the CliENT and any other entity of their obligaUons,dulles and responsibilities with respect to job site safety.Subject only to applicable legislation,STANTEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions ENVIRONMENTAL:Except as specifically described in the SERVICES,STANTEC's field investigation,laboratory testing and engineering recommendations will not address or evaluate pollution of solt or pollution of groundwater.Where the SERVICES include storm water pollution prevention (SWPP),sedimentatIon or erosion control plans,specifications,procedures or related construction observation or administrative field functions,CLIENT acknowledges that such SERVICES proposed or performed by Stantec are not guaranteed to provide complete SWPP,sedimentation or erosion control,capture ali run off or siltatlon,that any physical works are to be constructed and maintained by the CLIENT's contractor or others and that STANTEC has no control over the ultimate effectiveness of any such works or procedures.Except to the extent that there were errors or omissions in the SERVICES provlded by STANTEC,CLIENT agrees to indemnify and hold STANTEe harmless from and against ali claims,costs, liabilities or damages whatsoever arising from any storm water pollution,erosion,sedimentation,or discharge of slit or other deleterious substances into any waterway,wetland or woodland and any resulting charges,fines,legal action,cleanup or related costs. DOCUMENTS:All of the dellverablea,reports,field data,maps and other documents prepared by or on behalf of STANTEe in connection with the PROJECT are instruments of service for the execution of the PROJECT.STANTEC retains the property and copyright in these documents,whether the PROJECT is executed or not.These documents may not be railed upon by any party other than the CliENT nor be used for any other purpose without the prior written consent of STANTEC.In the event STANTEC's documents are subsequently reused or modified in any material respect without the prior consent of STANTEe,the CLIENT agrees to defend,hold harmless and indemnify STANTEe from any claims advanced on account of said reuse or modifIcation.STANTEC cannot guarantee the auihentlclty,integrity or completeness of data files supplied in electronic format ("Electronic Files").CLIENT shall release,indemnify and hold STANTEC,its officers,employees,consultants and agents harmless from any claims or damages arising from the use of Electronic Files.Electronic files will not contain stamps or seals,remain the property of 5T ANTEC,are not to be used for any purpose other than that for lNhich they were transmitted,and are not to be retransmitted to a third party without STANTEC's written consent. INTELLECTUAL PROPERTY:Any work product,Inventions,ideas or other original work made,conceived or authored by STANTEC andlor STANTEC's employees,agents or subcomractcre,Including all input materials and output materials,the media upon which they are located (including cards,tapes,disks and other storage facilities),and all software programs or packages (together with any related documentation,source code or codes,object codes,upgrades,revisions, modifications,and any related materials)which are utilized or developed solely by STANTEC andlor STANTEC's employees.agents or subcontractors,or in cooperation with CLIENT,and which mayor may not be either confidential or proprietary,in tho course of performance of the SERVICES hereunder,regardless of the stage of completion,shall remain the exclusive property of STANTEC. FORCE MAJEURE:Any default In the performance of the SERVICES caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract:labor strikes,riots,war,acts of govemmental authorities,unusually severe weather condlUons or other natural catastrophe,or any other cause beyond the reasonable control or Rev.Ecological Services 7-11-2011 PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 3 of3 Sfal1tec contemplation of either party. USE OF CLIENT'S EQUIPMENT:If CLIENT provides equipment for STANTEe's use in the performance of the SERVICES, STANTEC shall not be liable for the Inaccuracy or Incompleteness of any data or results or for delay that Is caused by or is the result of the breakage or unavailability of the equipment or as result of CLIENT's failure to calibrate,maintain,operate or schedule said equipment.. GOVERNING LAW:This AGREEMENT shall be qoverned.construed and enforced in accordance with the laws of the jurisdiction in which the majority of the SERVICES are performed. DISPUTE RESOLUTION:If requested in writing by either the CLIENT or STANTEC,the CLIENT and STANTEC shall attempt to resolve any dispute between them arising out of or in connection with this AGREEMENT by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis.The mediator shall be appointed by agreement of the parties.If a dispute cannot be settled vvithln a period of thirty (30)calendar days with the mediator,If mutually agreed,the dispute shell be referred to arbitration pursuant to laws of the Jurisdiction in which the majority of the SERVICES are performed or elsewhere by mutual agreement. ATTORNEYS FEES:In the event of a dispute hereunder,the prevailing party ts entitled to recover from the other party all costs incurred by the prevailing party in enforcing this AGREEMENT and prosecuting the dispute,including reasonable attorney's and expert's fees,whether Incurred through formal legal proceedings or otherwlae. ASSIGNMENT:The CLIENT and STANTEC shall not,without the prior written consent of the other party,assign the benefit or In any way transfer the obligations under these Terms and Conditions or any part hereof. SEVERABILITY:If any term,condition or covenant of this AGREEMENT Is held by a court of competent Jurisdiction to be invalid, void,or unenforceable,the remaining provisions of this AGREEMENT shall be binding on the CLIENT and Stantec. Rev,Ecological Services 7-11-2011