HomeMy WebLinkAbout2015-07-06-Resolutions 15-214_Centennial Park Creek Slope Stablization - Annual Monitoring ServicesTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-214
APPROVING AN AGREEMENT BETWEEN THE CITY OF WAUKEE AND
FOTH INFRASTRUCTURE AND ENVIRONMENT)LLC)FOR THE CENTENNIAL
PARK STREAM MITIGATION ANNUAL MONITORING SERVICES
1N THE NAME AND BY THE A UTHORITY OF THE C1TY OF WA UKEE,10IYA
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 annual monitoring for a period of five (5)years for the construction of the stream mitigation
site in Centennial Park in order to meet requirements of the United States Army Corps of
Engineers Section 404 Permit and the Iowa Department of Natural Resources 401 Water Quality
Certification;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 Annual Monitoring Services is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the 6'"day of July,2015.
illiam .ea d,May r
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
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X
X
X
NAY ABSENT ABSTAIN
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Centennial Park Stream Mitigation
Annual Monitoring Services
Tui tf
This Agreement is made and entered into this (nR day of Wne,f2015,by and between City of Waukee,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 Prolect 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 authonzed reirnbursabie
expenses,pursuant to the Schedule of Fees set forth in Attachment 3.
Basic Services of the Consultant
a.First Year of Annual Monitoring
b Second Year of Annual Monitoring
c.Third Year of Annual Monitonng
d.Fourth Year of Annual Monitoring
e.Fifth Year of Annual Monitorin
Total
$18,000.00
$13,000.00
$1 3,600.00
$14,200.00
14 700.00
$73,500.00
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
ihe 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 Services.
C In consideration of the compensation paid to the Consultant,the Consultant agrees to perform ail
professional services to the sattsfaction of the City by performing the professional services in a
manner consistent with that degree of care and skill ordinaniy 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
materials,the Consultant agrees to pay for the same in full.
tyaokee Standard Agreement Form 5/2015
Foth Infrastructure and Environment,LLC
Foth Project No.14VV020.02
Centennial Park Stream Mitigation
Annual Monitoring Services
iwaukee,iowa
4.INSURANCE
A.Consultant understands and agrees that Consultant shall have no right of coverage under any
and ail 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 protnde 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 limits 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
$1.000,000 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 written 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 iowa.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
material 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 delwery,at the indicated address unless
otherwise designated in writing.
FOR THE CITY:FOR THE CONSULTANT:
N i:~Cl iw k
Attn:John Gibson
Title.Director of Public Works
Address:230 W.Hickman Road
City,State:Waukee IA 50263
Name:Foth Infrastruciure and Environment LLC
Attn:Patrick P.Kueter PE
Title:Client Director
Address:6191 Birchwood Court Suite L
City,State:Johnston Iowa 50131
6.GENERAL COMPLIANCE
ln 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
is ued 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
Fath Infrastructure and Environment,LLC
Foth Protect No.14W020.02
Centennial Park Stream Mitigation
Annual Monitoring Services
Waukee,iowa
STANDARD OF CARE
Services provided by the Consultant under this Agreement shall be performed in a manner consistent
wiih that degree of care and skill ordinarily exercised by members of the same profession currently
practicing under similar circumstances
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 payment 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
appropnate 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 maximum
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 services
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 nght or obligations therein
without first receiving prior written consent of the City
12.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 be 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 Oily 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(Aj 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 amendmeni,
Foth Infrastructure and Environment,LLC
Foth Project No.14W020.02
Centennial Park Stream Mitigation
Annual Monitoring Services
Waukee,lowe
order or directive to exceed the amount appropnated for this Agreement as listed in Section 3,
above,unless the Consultant has been gwen a written assurance by the City that lawful
appropriation 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 signed by the authorized City
representative.It is the Consultant's sole responsibility to know.determine,and ascertain the
authonty of the City representative signing any amendment,direciive or order.
14.OWNERSHIP OF CONSULTING DOCUMENTS
Ail sketches,tracings,plans,specifications,reports,and other data prepared undei 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 termination of the services of the Consultant.All
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,specifications,
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 is a
completely integrated Agreement and contains the entire 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 lowe shall govern and any judicial action under the terms of this Agreement shall be
exclusively within the jurisdiction of the district court for Dallas County,Iowa.
16.COMPLIANCE WITH FEDERAL LAW
To the extent any federal appropriation has or will be prowded for the Project,or any federal
requirement is imposed on the Project,Consultant agrees that Consultant will comply with ail 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 ii 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 consenl of the City
Foth Infrastructure and Environment,LLC
Foth Protect No.t4W020.02
Centennial Park Stream Mitigation
Annual Monitoring 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 the 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 tor serwces 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 period
is extended by written consent of the Consultant.
B.Upon ten (10)days written notice to the Consultant,the City may terminate the Agreement at any
time if it is found that 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 this 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
F.The Consultant may terminate this Agreement if it is found that the City has violated any material
term or condition of this Agreement.In the event of such default by the City,the Consultant shall
give ten (10)days written nolice 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,SEVE RAB IL IT Y
If any portion of this Agreement is held invalid or unenforceable by a court of conlpetent jurisdiction,
the remaining portions of this Agreement shall continue in full force and effect.
21.MISCELLANEOUS HEADINGS
Title to articles,paragraphs,and subparagraphs are for information purposes only and shall not be
considered a substantive pari of this Agreement.
Foth Infrastructure and Environment,LLC
Fotii Project No 14W020.02
Centennial Park Stream Mitigation
Annual Monitoring Services
Waukee,lowe
22.FURTHER ASSURANCES
Each party hereby agrees to execute and deliver such additional instruments and documents and to
take ail such other action as the other party may reasonably request from time lo 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 consiituto aii
original document,no other counterpart needing to be produced,and ail of which wtien 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:
William F.Peard,Mayor
iifoth.comtproiectstDMIIEr2014M4W020-0111000 Budgettngr-2015-0610-Waukee-Centennial Park Mitigation-Monitonng.doc
Foth Infrastructure and Environment,LLC
Fath Project No.14W020.02
Centennial Park Stream Mitigation
Annual Momtonng Servrces
Waukee,lowe
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
project.
The project consists of the annual monitoring 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
~Construction services and As-Built Do completed under prior agreement
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.Annual Monitoring (5 years)
The Section 404 Permit required that the stream mitigation site be monitored annually for five
years.The monitoring reports will follow the annual progress report format specified in RGL 08-
03 and reports will be submitted annual by December 31".The following tasks are based on the
permit conditions.
Task 1 Plant Survival Document and Ve etative Cover Ma
On an annual basis,provide documentation regarding the survival rate of plant and tree species
at the mitigation site.Up to six data point locations will be established within the stream buffer
area and the establishment of the planted vegetation will be documented at those locations over
time.The Consultant will also evaluate the survival rate of the 20-25 trees that will be planted
within the buffer area.On an annual basis,develop a vegetative cover map showing the
dominant cover species in each are of the stream buffer.Document the establishment of the
stream mitigation site by taking photographs annually.The photos will be taken during the
growing season and from consistent photo points to show representative areas of the site.
Task 2 Monthl Surface Water Elevations
Measure the depth of water within the stream at two pre-determined locations.Unless otherwise
directed by the IDNR and/or USACE,the measurements will be taken during an extended
growing season from March through November during each year of the annual monitoring period.
The results of the surface water measurements will be documented in the annual monitoring
report.
Foth Infrastructure and Environment,LLC
Foth Project No.14W020 02
Centennial Park Stream Mitigation
Annual Monitonng Services
Waukee,lowe
Task 3 Cross Sections
Survey the five pre-determined cross section locations once annually to compare to the basehne
cross sections.The cross sections will be compared to the basehne and previous annual cross
sections to evaluate whether the channel is aggrading or degrading and will be used to evaluate
whether the stream is migrating laterally.
Task 4 Bank-Full Surve
Perform a topographic survey of the channel following the first bank-full rain event to document
damage to the stream mitigation site.The Consultant will coordinate with the City regarding any
repairs that may be needed.The bank-full survey will only be performed during the first annual
monitoring period;the survey will not be performed during the four subsequent years.
Task 5 Stream Visual Assessment Protocol SVAP
On an annual basis,perform a SVAP evaluation of the two reaches of the stream mitigation site.
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 annual SVAP results will be compared to the baseline evaluation
and previous annual observations.
Task 6 Annual Monitorin Re ort
The annual monitoring report will follow the format listed below.
1.Project Overview
a.Corps Permit Number
b.Name and contact information for permittee and consultant
c.Name of party responsible for conducting the monitoring and the date(s)the
inspection was conducted
d.A summary paragraph defining the purpose of the approved project and proposed
mitigation measures
e.Written description of the location and any identifiable landmarks of the
compensatory mitigation project including information to locate the site perimeter(sj
f.Directions to the mitigation site
g.Dates compensatory mitigation commenced and/or was completed
h.A brief statement on whether the performance standards are being met
Dates of any recent corrective or maintenance activiiies conducted since the previous
report submission
j.Specific recommendations for any additional correctwe or remedial actions
2.Requirements
A list of the monitoring requirements and performance standards,as specified in the
approved mitigation plan and special conditions of the permit,shall be provided.The
Consultant will evaluate whether the compensatory mitigation project is successfully
achieving the approved performance standards or trending towards success.
3.Summary Data
Summary data will be provided to substantiate the success and/or potential challenges
associated with the compensatory mitigation project.Photo documentation will be
provided.This evaluation will include the evaluation of baseline and annual cross
sections and SVAP results.
4.Maps
Maps will be provided to show the location of the compensatory mitigation site relative to
other landscape features,habitat types,locations of photographic reference points,
sampling data points,and/or other features pertinent to the mitigation plan.
Foth Infrastructure and Environment,LLC
Foth Project No.14W020.02
Centennial Park Stream Mitigation
Annual Monitoring Services
Waukee,iowa
5.Conclusions
A general statement will be included describing the conditions of the compensatory
mitigation project.If performance standards are not being met,a brief explanation of the
difficulties and potential remedial action proposed by the permittee,including a timetable,
will be provided.
During the annual monitoring period,the Consultant will act as an advocate on behalf of the City.
If the mitigation site appears to be fully established and meet the success criteria during the first
three to four years of monitoring,the Consultant will submit the appropriate documentation to the
USAGE and,if appropriate,request that the final year(s)of annual monitoring be waived.
Foth Infrastructure and Environment.LLC
Foth Project No 14W020.02
Centenniat Park Stream Mitigation
Annual Monitoring Services
Waukee,iowa
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.Annual Stream Monitoring December 2016 to December 2019
10
Foth Infrastructure and Environment,LLC
Foth Protect No.14W020.02
Centennial Park Stream Mitiruation
Annual Monitoring Services
Waukee,lowe
ATTACHMENT 3
SCHEDULE OF FEES
FOTH INFRASTRUCTURE AND ENVIRONMENT,L.L.C
2Q15 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
l.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 estabhshed 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 effectwe January 1,2015.Rates subject to change annually on January 1.
11