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Home My WebLink About2017-10-02-Resolutions 17-475_Joint Park-High School Facility - Engineering Agr Amendment 1THE CITY OF WAUKEE,IOWA RESOLUTION 17-475 APPROVING AMKNDMKNT NO.I TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF WAUKEE AND FOTH INFRASTRUCTURE AND ENVIRONMENT,LLC [SCHOOL AND RECREATION COMPLEX ENVIRONMENTAL SERVICES] IN THE NAItIEAND BY THEAUTHORITYOF 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 is in the process of acquiring property for a shared campus for the Waukee Community School Disnict and a recreational complex;AND, WHEREAS,City has previously retained the services of Foth Infrastructure and Environment,LLC, for wetland and WUS delineation,threatened and endangered species habitat assessment,and a phase I environmental site assessment;AND, WHEREAS,additional environmental work is necessary related to the design and development of NW Douglas Parkway,NW Sunrise Drive and Walnut Lane including wetland delineation and section 404 permitting services;AND, WHEREAS,the amendment no.1 to the engineering services agreement has been reviewed and approved by the Waukee City Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Amendment No.1 to Agreement for Professional Consulting Services between the City of Waukee and Foth Infrasnucture and Environment,LLC [School and Recreation Complex],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 2"d of October,2017. t ltam F.ear,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Hatrdson Shelly Hughes Larry R.Lyon AYE X X X X NAY ABSENT ABSTAIN Foth Infrastructure and Environment,LLC Project Number t6W037.01 Scttoot Campus Environmental Services North of Highway 6 between Warrior Lane and U Avenue Waukee,lowe ENGINEERING SERVICES AMENDMENT NO.1 PROJECT NO. THIS AMENDMENT,made and entered into this 2"'day of October,2017 by and between,the CITY OF WAUKEE,IOWA,heremafter referred to as the "City",and FOTH INFRASTRUCTURE AND ENVIRONMENT,LLC., hereinafter referred to as the "Consultant",for professional services in connection with the School Cam us Environmental Services hereby amends the original Agreement dated April 28,2016 as follows: The City and Consultant agree to amend the original Agreement to include additional environmental services associated with the design of NW Douglas Parkway,NW Sunrise Drive,and Walnut Lane as follows: Wetland &Waters of the United States (WUS)Delineation of NW Douglas Parkway (Warrior Lane to 4w Street),NW Sunrise Ddive (Warrior Lane to 4a Street),and Walnut Lane (Little Walnut Creek Drive to NW Douglas Parkway)The delineation results will be documented in two separate reports, ~Section 404 Permitting Services for the School Campus,NW Douglas Parkway,NW Sunrise Dnve, and Walnut Lane.These services include Wetland and WUS Delineations,Mitigation Plans, Alternatives Analysis,Threatened and Endangered (T&E)Species Habitat Evaluations and Phase I Cultural Resource Surveys. TASK D —School Campus The Consullant will complete lhe following tasks as part of the project. Task D 1 Wetland 8WUS Delineation Addendum The Consultant completed a wetland delineation of the School Campus project area in May 2016.Based on the current design plans,additional delineation data will be needed at a proposed culvert location east of U Avenue and for the extension of 4a Street in the northeast corner of the project area.The Consultant wilt collect data points in the areas of question and will prepare a Wetland 8,WUS Delineation Addendum ReporL Task D 2 Wetland &WUS Miti ation Plan and Section 404 Permit A lication If wetland or WUS impacts are proposed,the Consultant will prepare and submit a Section 404 Permit Appiication containing the applicable data,wetland jurisdictional rationale,and proposed project information to the USAGE,lowe Department of Natural Resources (IDNR)Flood Plain Section,and IDNR Sovereign Lands Section. The Consultant will prepare a Mitigation Plan for the project to address Section 404 permitting requirements.The Mitigation Plan will summarize each wetland and WUS area that will be impacted by the project based on the findings in the Wetland Dehneation Report and the proposed site layout plan for the project.'The Consultant will coordinate with the Voas or McCorkle Wetland Mitigation Banks regarding the purchase of credits for emergent and wet meadow wetland impacts.Please note that neither bank offers credits for forested or shrub/scrub wetland impacts or for WUS mitigation.The Mitigation Plan will include a discussion of the proposed impacts and a summary of the credits that will be purchased from the Wetland Mitigation Bank. If WUS impacts are proposed,The Consultant will contact the USAGE regarding the extent of WUS mitigation that will be required and will coordinate with the City regarding potential WUS mitigation location. WUS mitigation may include creating floodplains or riparian buffers,constructing habitat features,channel restoration,streambank stabilization,or removal of in-stream structures and/or debris.We are proposing to utilize the State of lowe Stream Mitigation Method as a guideline for evafuating potential WUS mitigation measures.Fees assume that the City will identify locations for WUS mitigation if it occurs off-site. Additional fees will be needed if hydraulic modeling is needed for the design of the WUS mitigation features. Page 1 Foth Infrastructure end Enwronment,LLC Project Number 16W037.01 School Campus Environmental Services North of Highway 6 between Warrior Lane end U Avenue We eke e,Iowa )his proposal also does not include design or construction of the proposed mitigation features,As- Constructed Documentation,Annual Monitoring Reports (typically required by the USACE as a permit condition)or other operating conditions that may be required by the Section 404 Permit.Fees for addressing USAGE or other agencies comments during the permitting process will be invoiced on a time and material basis based on the Consultant's current fee schedule. Task D.3 Alternatives Anal sis If an individual permit will be required for the project,the USAGE will require an Alternative Analysis for the project in addition Io the Mitigation Plan.The Alternatives Analysis will include the following discussions: project purpose,project need,alternate site analysis,avoidance of impact,minimization of impact,and compensatory mitigation. Task D Subtotal -$17,000.00 TASK E —NW Douglas Parkway and Walnut Lane The Consultant will complete the following tasks as part of the project. Task E 1 Wetland &WUS Delineation The Consultant will perform a wetland and WUS delineation of the project area.The dehneation will use mandatory technical criteria,field indicators,and other sources of information to assess whether the project area has jurisdictional wetlands or WUS.The classification will be performed by an experienced biologist, environmental scientist,or engineer.If 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 Dehneating Jurisdictional Wetlands (1987).Under normal circumstances,wetlands generally have three essential characteristics:hydrophytic vegetation,hydnc soils,and wetland hydrology.The Consultant will prepare a Wetland and Waters of the U.S.Delineation Report containing the applicable data,wetland jurisdictional rationale,and proposed project information. Task E 2 Phase I Cultural Resource Surya The Consultant will retain a subcontractor to perform a limited/cursory archeological survey for review by the State Historical Preservation Office (SHPO)during the permitting process.The Phase I investigation will consist of the project area. Task E.3 Threatened and Endan ared T8E S acies HabitatAssessment If requested by the USACE,the Consultant will perform a field review of the project area to evaluate whether suitable habitat for the listed T8 E species is present Potential T8 E species in Dallas County include the Topeka shiner,prairie bush-clover,western prairie fringed orchid,Indiana bat,and northern long-eared bat.Our evaluation will confirm that prairie streams or rivers that may be suitable for the Topeka shiner are not located in the project area.We will evaluate whether portions of the project area appear to be native prairie or wetland areas,which would be potential habitat for the praine bush clover and western prairie fringed orchid.The Consultant will evaluate whether the trees within the project area may be suitable habitat for the Indiana bat and/or northern long-eared bat using the Initial Project Screening method described in the FWS 2015 Range-Wide Indiana Bat Summer Survey Guidelines (April 2015).The Consultant will contact the IDNR to request a review regarding potential impacts to T&E species in the project area.The results of the T&E Habitat Evaluation and agency consultation will be documented in a letter report that could be submitted to the FWS,IDNR,USACE or other agencies. If suitable habitat is observed for any of the identified T8 E species,additional studies,such as mist netting, acoustic surveys,emergence surveys,or botanical surveys,may be needed. Task E 4 Wetland 8 WUS Miti ation Plan and Section 404 Permit A lication See Task D.2 scope. Page 2 Fotti Infrastructure snd Environment,LLC Project Number I 6W037.01 Sctiool Campus Environmental Services North of Highway 6 between Warrior Lane end U Avenue Weukee,lowe Task E.5 Alternatives Anal sis See Task D.3 scope. Task E Subtotal -$27,000.00 TASK F —NW Sunrise Drive The Consultant will complete the fallowing tasks as part of the project Task F 1 Wetland &WUS Delineation See Task E.1 scope. Task F 2 Phase I Cultural Resource Surve See Task E.2 scope. Task F.3 Threatened and Endan ared T&E S ecies Habitat Assessment See Task E.3 scope. Task F 4 Wetland &WUS Miti ation Plan and Section 404 Permit A lication See Task D.2 scope. Task F.5 Alternatives Anal sis See Task D.3 scope. Task F Subtotal -$24,500.00 In consideration for these services,the City agrees to adjust the Contract Schedule for services performed by the Consultant under this Contract Amendment of the original project. Basic Services of the Consultant D.School Campus Wetland Delineation Addendum Phase I,T&E Habitat Evaluation,Mitigation Plan &Alternatives E.NW Douglas Parkway and Walnut Lane Wetland Delineation Phase I,T&E Habitat Evaluation,Mitigation Plan &Alternatives F.NW Sunrise Dnve Wetland Delineation Phase I,T&E Habitat Evaluation,Mitigation Plan &Alternatives October 2017 —November 2017 Schedule to be determined October 2017 —November 2017 Schedule to be determined October 2017 —November 2017 Schedule to be determined 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 descnbed in this amendment are as follows: I.Basic Services of the Consultant Task D Task E Task F Total $17,000.00 $27,000.00 24 500.00 $66,500.00 THIS AMENDMENT is subject to a6 provisions of the original Agreement. THIS AMENDMENT,together with the original Agreement represents the entire and integrated AGREEMENT between the Ciiy and Consultant. THIS AMENDMENT executed the day and year written above. Page 3 Foth Infrastructure and Environment,LLC Proiect Number 16W037.01 School Campus Environmental Services North of Higtnway 6 between Warrior Lane and u Avenue Waukee,lowe CONSULTANT iA~A~ BY:'Iu 'I Name:Patrick P.Kueter P.E. Title:Client Director CITY OF WAUKEE BY: Nam .William F.Peard Title:Ma or WITNESS ATTEST Name:Dou las Ernst P E. Title:Pro'ect Director Name;C 0 '5f )HE Title:Efk k- Agr-gona-OWWaocea.acnooi Camp a -Amend No-1 docx Page 4