Loading...
HomeMy WebLinkAbout2015-07-06-Resolutions 15-213_Centennial Park Creek Slope Stabilization - Construction Period ServicesTHE CITY OF WAUKEE,IOWA RESOLUTION 15-213 APPROVING AN AGREEMENT BETWEEN THK CITY OF WAUKEK AND FOTH INFRASTRUCTURE AND ENVIRONMENT,LLC,FOR THK CENTENNIAL PARK STREAM MITIGATION CONSTRUCTION PERIOD SERVICES INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF 8'AUKEE,IOP'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the City desires to retain the services of Foth Infrastructure and Environment,LLC, for construction administration,resident construction observation,construction survey,and environmental documentation related to the Centennial Park Creek Slope Stabilization Project; AND, WHEREAS,the engineering services agreement,attached hereto as Exhibit A,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 agreement between the City of Waukee and Foth Infrastructure and Environment,LLC,for the Centennial Park Stream Mitigation Construction Period Services is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 6'"day of July,2015. Attest: illiam .ear,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X NAY ABSENT ABSTAIN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Centennial Park Stream Mitigation Construction Period Services 'lutist This Agreement is made and entered into this jtFjjA day of Jtrrrer.2015,by and between City of yyaukee.a municipal corporation hereinafter referred to as "City,"and FOTH INFRASTRUCTURE AND ENVIRONMENT LLC.,(Fed.ID ff20-5814224).a professional corporation incorporated and 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 reimbursabie expenses,pursuant to the Schedule of Fees set forth in Attachment 3. Basic Services of the Consultant A.Project Bidding $NA Construction Period Services A.Construction Administration B Resident Construction Observation C.Construction Survey D.Environmental Documentation $10,420.00 $17,650.00 $11,610.00$8,450.00 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 Serwces. C.In consideration of the compensation paid to the Consultant,the Consultant agrees to perform ail 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 matenals,the Consultant agrees to pay for the same in full. Weukee Slenderd Agreement Form 5/2015 Foth infrastructure and Environment,LLC Folh Project No.14W020.01 Centennial Park Stream Mitigation Construction Period Services Waukee,iowa 4.INSURANCE A.Consultant understands and agrees that Consultant shall have no nght 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,and property damage.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 hmits 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 51.000,000 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 wntten 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 lowe,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 thirty (30)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 matenal 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 ln writing FOR THE CITY:FOR THE CONSULTANT; N:o~il fw k Attn John Gibson Title.Director of Public Works Address:230 W.Hickman Road City,State:Waukee IA 50263 Name.Fath Infrastructure and Environment LLC Attn:Patrick P.Kueter PE Title:Client Director Address:8191 Birchwood Court Suiie L City.State:Johnston iowa 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. Foth Infrastructure and Environment,LI C Foth Project No.14W020.01 Centennial Park Stream Mitigation Construction Period Services Waukee,lowe 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 paymenl 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. 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 rnaxirnum 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 servicos 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. 12L 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 bc 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. Foih Infrastructure and Environment,LLC Folh Project No.14W020.01 Centennial Park Stream Miligauon Construction Pened Services Waukee,lowe 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 appropnation 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 signod 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 uncier 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 termiiiation of the services of the Consultant.Ail 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,specificahons, 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 ls a completely integrated Agreement and contains lhe enlire 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 dislrict court for Dallas County,iowa. 1b COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project,or any federal requirement is rnfposed 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. Fotfr Infrastructure and Environment,LLC Foth Project No,14WO20.01 Centennial Park Stream Mitigation Conslruction Period Services Waukee,lowe 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 Ihe 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 penod is extended by written consent of the Consultant. B.Upon ten (10)days wntten notice to the Consultant,the City may terminate the Agreement at any time if it is found thai 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 ibis 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 wolated any material term or condition of Ibis 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 applicable.The City is a municipal corporation and not subject to state and local tax,use tax,or federal excise taxes. 20.SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent junsdiction, the remaining portions of this Agreement shall continue in full force and effect 21.MISCELLANFOUS HEADINGS Title to articles.paragraphs,and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. Foth Infrastructure and Environment,LLC Folh Project No.14W020.01 Centennial Park Stream Mitigation Construclion Period Services Waukee,Iowa 22 FURTHER ASSURANCES Each party hereby agrees to execute and delwer such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23.COUNTERPARTS This Agreement may be executed in any number of counterparts,each of which shall constitute an onginal document,no other counterpart needing to be produced,and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT: Foth Infrastructure and Environment,LLC CITY OF WAUKEE Name:Patrick P,Kueter PE Title.Client Director By: Will'm F.card,Mayor x,tDMIIE12014114w020-01'i1000 audgetvtgr-2015-0608-waukee-centennial park Mitigation-construction.doc Foth infrastructure and Environment,LI C Foth Project No,14W020.01 Centenniai park Stream Mitigation Construction Period Services Waukee,iowa 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 proiect. The project consists of construction period services for the construction of the stream mitigation site in Centennial Park to meet the requirements of the U.S.Army Corps of Engineers (USAGE)Section 404 Permit and Iowa Department of Natural Resources (IDNR)401 Water Quality Certification.This scope of services is based on the following project assumptions: ~Wetland and Waters of the United States (WUS)delineations completed under prior agreement. ~Stream mitigation design completed under prior agreement. ~Project Bidding Phase completed under prior agreement ~No right-of-way acquisition services are included as part of this scope of services. ~The project will have one letting and be constructed in the year 2015/2016. 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: I.BASIC SERVICES OF THE CONSULTANT The Consultant shall consult on a regular basis with the City to clarify and define the City's requirements for the Project and review available data.The City agrees to furnish to the Consultant full information with respect to the City's requirements,including any special or extraordinary considerations for the Project or special services needed,and also to make available pertinent existing data.The Consultant shall provide the following basic services in regard to the Project: A.Project Bidding Phase —Task completed under prior agreement. II.CONSTRUC'TION PERIOD SERVICES. Only upon written authorization to proceed by the City to the Consultant,the work to be performed under the Construction Penod Services phase of the Project shall include the following task(s): A.Construction Administration Construction administration services shall consist of office based services to assist the City in implementing the construction contract for this project.The work tasks to be performed by the Consultant shall include; Task 1 -Pre-construction Meetin The Consultant shall conduct a pre-construction meeting after award of construction contract for the City's Contractor,subcontractors,utility companies,and other interested parties Task 2 -Sho Drawin s The Consultant shall review shop drawings,samples,and other data which the Contractor is required to submit,but only for conformance with design concept of the Project and conformance with the information given in the contract documents.The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. The Consultant shall have authority to require special inspection or testing of the work,and shall receive and review all certificates of inspections,testing,and approvals required. Foth Infrastructure and Environment,LLC Foth Project No.14W020.01 Centennial Park Stream Mitigation Construction Penod Services Waukee,lowe Task 3 -Site Visits In connection with observations of the Contractor's work while it is in progress. a.The Consultant shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant deems necessary (estimated to be one site visit per month minimum,with up to weekly visits during peak construction activity periods)in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor's work.Sased on information obtained during such visits and on such observations,the Consultant shall determine,in general,if such work is proceeding in accordance with the Plans,and the Consultant shall keep the City informed of the progress of the work. b.The purpose of the Consultant's waits to the site will be to enable the Consultant to better carry out his duties and responsibilities during the construction phase and,in addition,by exercise of the Consultant's efforts as an experienced and qualified design professional, to provide for the City a greater degree of confidence that the completed work of the Contractor will conform to the Plans,and that the integrity of the design concept as reflected in the Plans has been implemented and preserved by the Contractor. c.The Consultant shall not during such visits supervise,direct,or have control over the Contractor's work,nor shall the Consultant have authonty over or responsibility for the means,methods,techniques,sequences,or procedures of construction selected by the Contractor for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws,rules,regulations,ordinances,codes,or orders applicable to the Contractor furnishing and performing his work d.During such visits,the Consultant may disapprove of or reject the Contractor's work while it is in progress if the Consultant believes that such work will not produce a completed Project that conforms to the Plans,or that it will prejudice the integrity of the design concept of the Project as reflected in the Plans. Task 4 —Pa Re vesta and Chan e Orders The Consultant shall prepare Contractor pay request and issue necessary interpretations and clanfications of the Plans,and in connection therewith,prepare change orders as required. Task 5 -Final Ins ections and Pro'ect Close-Out The Consultant shall conduct an inspection in the company of the City to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable. The Consultant may recommend,in writing,final payment to the Contractor and may give written notice to the City and the Contractor thai the work is acceptable.This task will also include assembling final project documentation,certifications,and attendance at the project audits. Task 6 -Record Drawin s This task consists of preparation of construction record drawings defining the actual location of improvements and fixtures.The Consultant shall prepare record drawings showing those changes made during construction,based on the marked-up drawings and other data furnished by the Contractor and the Resident Construction Observer.The Consultant shall provide the City with one (1)reproducible copy of the record drawings. Task 7-MonumentationofPermanentRi ht-of-yya Ac uisitions -Task notused. Foth infrastructure and Envrronmenl,LLC Foth Project No,14W020.01 Centennial Park Stream Mitigation Construction Period Services Waukee.iowa For Construction Administration budget purposes,it is assumed that the construction period will be as follows: ~Three 3 months in year 2015/2016 and that one part-time staff member of the Consultant will be available for the construction administration services.The above construction period estimate includes a maximum of 120 hours of construction administration.In the event the construction period exceeds the contract working day or unanticipated conditions require construction administration in excess of 120 hours,the Consultant shall notify the City as it approaches this limit and determine the additional effort to complete the project.The Consultant and City shall work to develop a mutual resolution for the remaining effort. B.Resident Construction Observation (Part-Time) Only upon written authorization to proceed by the City to the Consultant,the work to be performed under this phase of the Project shall include frequent resident observation of the construction work in addition to that included under II.Construction Period Services,Paragraph A.Construction Administration.The Consultant shall determine the amounts owing to the Contractor and recommend,in writing,payments to the Contractor in such amounts.Such recommendations of payment will constitute a representation to the City,based on such observations and review that the work progressed to the point indicated,and that to the best of the Consultant's knowledge,information,and belief,quality of such work is generally in accordance with the Plans.In the case of unit-price work,the Consultant's recommendation of payment will include final determinations of the quantities and classifications of such work. This phase consists of coordinating field-testing of construction materials incorporated into the project with the City's independent testing consultant.Prepare written reports that document compliance or non-compliance of construction materials.Also included is observing the performance of construction work and advising the Contractor and the City of non-complying work or materials incorporated into the project.For budget purposes,it is assumed that the construction period will be as follows; T~hree 3 months in year 2015f2016 and that one full-time staff member of the Consultant will be available for the construction observation services.The above construction period estimate includes a maximum of 360 hours of construction observation.In the event the construction period exceeds the contract working day or unanticipated conditions require construction observation in excess of 360 hours,the Consultant shall notify the City as it approaches this limit and determine the additional effort to complete the project.The Consultant and City shall work to develop a mutual resolution for the remaining effort. C.CONSTRUCTION SURVEY Construction Survey shall only be completed upon written authorization to proceed by the City and consist of the following tasks to be performed by the Consultant: Task 1 -Pro'ect Control Verify existing horizontal and vertical control as shown in the project plans and supplement with additional control points as-need to complete the project.Reset land corners and permanent reference markers as indicated on the plans.Tie-ins with existing roadways shall be checked for correctness of alignment prior to construction staking. This task does not include resetting all property corners disturbed by construction. Task 2 -Pro ert Lines and Tem orar Easement Stake temporary easements,permanent right-of-way corners at 50 foot intervals,or less if needed.These points shall be marked by placement of a metal pin or wood hub,flat,and lath at the same location as the slope stakes. Foih infrastructure and Environment,LLC Foth Project No.14W020.01 Centennial Park Stream Mitigation Construction Penod Services Waukee,iowa res—s si Slope Stakes at 100 foot intervals for excavation work.Interpolations may be necessary to match existing cross sections.Slope stakes shall be set at the toe of the foreslope,and/or the top of the backslope.Slope stakes shall be marked with a flat and lath.The flat shall be clearly marked with the station location,distance,slope,and cut/fill information.Reset land corners and permanent reference markers as indicated on the plans. Finish grade stakes (blue tops)are not anticipated as part of this project. Task 4 —Stream Miti ation As-Built a.Pre-Construction Baseline Cross-Section Prior to construction,survey five pre-determined cross section locations to develop a baseline for comparison during the subsequent annual monitoring events. Pre-Construction Stream Visual Assessment Protocol (SVAP) Prior to construction,evaluate the stream conditions using the Natural Resource Conversation Service's SVAP.The stream will be divided into two reaches for evaluation of performance standards.The SVAP assessment will include an evaluation of channel conditions,hydrologic alterations,riparian zone,bank stability, water appearance,nutrient enrichment,barriers to fish movement,in-stream fish cover,pools,invertebrate habitat,suspect causes of observed problems,and recommendation,if any.The initial SVAP will be used as a baseline for comparison during subsequent monitoring events. Post-Construction Baseline Cross-Section After construction is complete,survey the five pre-determined cross section locations identified as part of the Pre-Construction Baseline Cross-Section and compare and utilize during the subsequent annual monitoring events. d.Post-Construction Baseline As-Built Survey After construction is complete,survey of the stream mitigation site.The survey will include the locations of planted trees,riffle/pool complexes,stream bank protection and other bank stabilization features. Post-Construction Baseline Surface Water Measurement Locations After construction is complete,establish the locations of two surface water measurement locations that will be used on a monthly basis during annual monitoring.The locations will be marked and the elevations will be surveyed.We anticipate that the measurement locations will correspond to the two existing bridges that cross the stream mitigation site. The above tasks qualified personnel,equipment and supplies required for a one-time construction staking for the project to establish the line and grade for the proposed improvements. Replacement costs of any survey stakes or marks that are destroyed or disturbed by the Contractor shall be charged to the Contractor. D.ENVIRONMENTAL DOCUMENTATION Task 1 Submit Bank and Deed Restriction Documentation Submit the proof of purchase of credits from the Voas Mitigation Bank and the recorded Section 404 Permit and Water Quality Certification to the USAGE and IDNR within 30 days of placement of fill in the wetland areas. 10 Foth Infrastructure and Environment,LLC Foth Proiect No.14W020.01 Cenlenniai Park Stream Mitigation Construction Period Services Waukee,iowa Task 2 As-Built Plan Provide an As-Built Plan to the USAGE and IDNR.The plan will include the baseline cross sections,baseline SVAP,Voas Mitigation Bank and deed restriction documentation,construction survey results and a summary of our observations during construclion.The report will also include the locations of photo points,planting locations,riffle/pool complexes,locations of stream bank proiection and other structures or features related to the stream mitigation site and will document major deviations from the original plans.The Consultant will provide the IDNR and USAGE documentation that the boundaries of the mitigation site have been clearly identified with signs or other permanent markers. ADDITIONAL SERVICES NOT INCLUDED IN THIS CONTRACT Additional Services not included as part of this Scope.If authorized,under a supplemental agreement,the Consultant shall furnish or obtain from others the following services: 1.)Design Period Services 2.)Real Estate Acquisition Services 3.)Environmental Documentation CE/EA/EIS 4.)Wetland Mttigation Plans 5.)Cultural Resource Survey 6.)Structural/Retaining Wall Design 7.)Subsurface Utility Investigations B.)Construction Period Testing Services 11 Foth Infrastructure and Environment,LLC Foth Project No.14W020.01 Centenniai Park Stream Mitigation Construction Penod Services Waukee,lowe ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the design and engineering services under this Agreement shall be as follows: Basic Services of the Consultant A.Anticipated Contract Approval B.Project Letting C.Construction Administration June 2015 July 2015 October 2015 to June 2016 Resident Consulting Services A.Construction Administration B.Resident Construction Observation C.Construction Survey August 2015 to June 2016 12 Fotii Infrastructure and Environment,LLC Foth Project No.14W020.01 Centennial Park Stream Mitigation Construction Penod Services Waukee,iowa ATTACHMENT 3 SCHEDULE OF FEES FOTH INFRASTRUCTURE AND ENVIRONMENT,L.L.C 2015 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director Project Manager Project Scientist Project Advisor Lead Engineer Project Engineer Staff Engineer Lead Technician Engineering Technician CAD Technician Construction Manager Lead Field Technician Field Technician Land Surveyor Administrative Assistant $177.00 $146.00-$172.00 $156.00 $157.00 $157.00 $121.00-$147.00 $102.00-$120.00 $121.00 $94 00-$114 00 $82.00 $139.00 $114.00 $66.00-$100.00 $123.00 $60.00 REIMBURSABLE EXPENSES I.All materials and supplies used in the performance of work on this project will be billed at costs. 2.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, 3.Charges for outside services such as soils and materials testing,fiscal,legal will be billed at their invoice cost. 4.All other direct expenses will be invoiced at cost. ADJUSTMENTS TO FEE SCHEDULE 1.Fee schedule effective Januaty 1,2015.Rates subject to change annually on January 1. 13