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