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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 X X X X NAY ABSENT ABSTAIN X 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