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HomeMy WebLinkAbout2015-09-21-Resolutions 15-317_Site 2 Waukee Development Area - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-317 APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH FOTH INFRASTRUCTURE AND ENVIRONMENT [SITE 2 WAUKEE DEVELOPMENT AREA ENVIRONMENTAL SERVICES) IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WA UKEE,IO5'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 a Phase I environmental study for certain property located west of 10"Street and north of Highway 6;AND, WHEREAS,the engineering services agreement,attached hereto as Exhibit A,has been reviewed and approved by the Waukee City Attorney. NOW THEREFORE BK IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with Foth Infrastructure and Environment [Site 2 Waukee Development Area Environmental Services]is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 21"day of September,2015. Attest: tlliam .Peard,Mayo Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Site 2 Waukee Development Area Environmental Services Northwest Corner of Hickman Road and T Avenue Tii 55 ti d d i dit tb al'li'dy tb~tb 2555 by*dbt City i 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 lowe.party of the second part,hereinafter referred to as 5Consuftant5 as follows' THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR 1HE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCLIMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1.SCOPE OF SERVICES Services provided under ibis 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 authonzed 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 prowded herein,the City agrees to pay the Consultant the following sum NOT-TO-EXCEED.including any authorized reimbursable expenses,pursuant to the Schedule of Fees set forth in Attachment 3. I.Basic Serwces of the Consultant a.Phase I Environmental Site Assessment Total Construction Period Services $6,600.00 $6,600.00 Task Not Used B.The Consultant shall invoice the City monthly for services,any reimbursabie 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 Services. 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 ihe performance of this Agreement involves the services ot others or the furnishing of equipment,supplies,or materials,the Consultant agrees to pay for the same in full Waukee Standard Agreement Form 5/20t 5 Foth Infrastructure and Environment,LLC Foth Project No. Site 2 Waukee Development Area Environmental Services Northwest and Northeast Corner of Hickman Road and T Avenue Waukee,iowa 4.INSURANCE A.Consultant understands and agrees that Consultant shall have no right 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 Consuiiant or Consultant'represenlative(s)in connection with the professional serwces which are to be prowded 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. S.The Consultant sftafl provide evidence of comprehensive general liability coverage and contractual hability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $'I,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 hrnits of at feast $1,000,000 bodily injury and property damage combined.The evidence shafl designate the City as an additional insurod,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 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 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 delivery,at the indicated address unless otherwise designated in writing. FOR THE CITY:FOR THE CONSULTANT: N:calf w Attn;Dan Dutcher Title:Communit fk Econ.Dev.Director Address:230 W.Hickman Road City,State.Waukee IA 50263 Name Fath Infrastructure and Enwronment LLC Attn Patrick P.Kueter PE Title Client Director Address 6191 Birchwood Court Suite 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 quaiify for and obtain any required hcenses prior to i;ommencement of work including any professional licenses necessary to perform work within ttle State of lowe Foth infrastructure and Environment,LLC Foth Protect No Site 2 Waukee Development Area Environmental Services Northwest and Northeast Corner of kitckman Road and T Avenue Waukee,lowe 7.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, 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 appropriate or required,take affirmatwe action to ensure that applicants are employed,and that employees are treated,during employment,without regard to fheir race,color,sex,or national origin. religion,age.handicap.or veteran status.Consultant will cooperate with the City ln 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 whicii 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 right 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 continu.ng 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 expendeo due to City spending hrnitalions,the City may terminate this Agreement without further compensation to the Consultant,To the greatest extent allowed by law,the City shall compensate Consuitani as prowded in Section 18(A)ot this Agreement. Foth infrastructure and Environment,LLC Foth Project No. Site 2 Waukee Development Area Environmental Services Northwest and Northeast Corner of Hickman Road and T Avenue Waukee,lowe 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. order or directive to exceed the amount appropnated for this Agreement as listed in Section 3, above,unless the Consultant has been given a wntten 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 shalt be issued by the City unless funds are available lo pay such additional costs,and the Consultant shall not be entitled to any additional compensation for any additional compensabie 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 vrork to be peiformed 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 authority of the City representative signing any amendment,directive or order. 1sk OWNERSHIP OF CONSULTING DOCUMENTS All sketches,tracings,plans,specifications,reports,and other data prepared under 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 matenai,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 iudicial action under the terms of this Agreement shall be exclusively within the junsdiction of the district court for Dallas County,lowe. 16.COMPLIANCE WITH FEDERAL LAW To ihe extent any federal appropriabon has or will be provided for the Project,or any federal requiremont is iinposed 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. Foth Infrastructure and Environment,LLC Foth Project No. Site 2 Waukee Development Area Environmental Services Northwest and Northeast Corner of Hickman Road and T Avenue Waukee,lowe 18.SUSPENSION AND TERMINATION OF AGREEMENT A.The right is reserved by the City to suspend this Agreemenl ai 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.Paymeni 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 period is extended by wntten 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 impassible 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 wntten 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 worlt 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 violated any material ternl or condition of this 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 subiect 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 competeni jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21 MISCELLANEOUS HEADINGS Title to articles paragraphs and subparaqraphs are for information purposes only and shall not be considered a substantive part of ibis Agreement. Foth Infrastructure and Environment,LLC Foth Project No. Site 2 INaukee Development Area Environmental Services Norfhwest and Northeast Corner of Hickman Road and T Avenue Waukee,lowe 22 FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take ail such other actiori as Ihe olher 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 original 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,LI C jM Name:Patrick P.Kueter.PE WITNESS;ATTEST: Name Dou las J,Ernst P.E. Title Pro'ect Director Name Title X:IDMtIEIProposaitMiscetlaneoustMoritz Evat2015-09 Waukee 240 acre sttetAgr-201 5-09-1 0 520 Acres.docx Foth infrastructure and Environment,LI C Fath Project No. Site 2 Waukee Development Area Environmental Services Northwest and Norlheast Corner of Htckman Road and T Avenue 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. This Phase I Environmental Site Assessment (ESA)will be performed on the planned Site 2 Waukee development area in general accordance with ASTM E-1527-05.The project area covers approximately 620 acres and is located at the northwest and northeast corners of Hickman Road and T Avenue.The Quad Graphics site is excluded from the ESA evaluation area.The objective of this Phase I ESA is to identify,to the extent feasible,pursuant to the processes prescribed in ASTM E1527-05,recognized environmental conditions (RECs)in connection with the subject property. 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.Phase I ESA This work will consist of the following tasks: Task I —Records Review The Consultant will perform a review of reasonably ascertainable records pertaining to the site.Activities associated with a records review include the following: ~Investigate the site's regulatory history to learn about permits granted,citations issued,or records of public complaint. ~Evaluate prior and present uses of the site and those adjacent to it. ~Review readily available topographic and real estate maps,historical aerial photos,fire insurance maps,geologic information,and hydrogeologic data. ~Review readily available published information about surface and subsurface conditions. ~Assess the potential for environmental impairment from such items as underground storage tanks (USTs),above ground storage tanks (ASTs),chemicals,PCBs,process air emissions,waste accumulation areas,storm water impacts and wastewater conveyances,etc. ~Review CERCLIS,the NPL,and other such data bases for listings of the subject site and those facilities within the standard search radii as defined by ASTM 1527-05. ~Review state UST/AST registrations for installations on this and adjacent properties (if any). ~Review public documents (e.g.,deed records,street directones,etc.)to chronicle site ownership dating back to 1940 and beyond,when the historical information is readily available.(A chain of title search is not included in this proposal.) Task II —Site Reconnaissance The Consultant will perform a reconnaissance of the site in an attempt to identify RECs in connection with the property.The reconnaissance will consist of visually and/or physically Foih Infrastructure and Environment,LLC Folh Project No. Site 2 INaukee Development Area Environmental Services Northwest and Northeast Corner of Hickman Road and T Avenue Waukee,lowe observing the site and any structures located on the property to the extent possible.Potential areas of concern include: ~Distressed vegetation ~Stains of ground and building surfaces ~Unauthorized dumping ~Pits,Ponds or Lagoons ~Anomalous topography ~Evidence of underground tanks/above ground tanks ~Potential off-site sources of contamination ~Discolored surface water ~Odors ~Drums and other portable containers ~Evidence of PCS-containing equipment,pesticides,etc. ~Evidence of wells,septic system,solid waste disposal,wastewater discharge,etc. No surface,subsurface or building material samples will be collected under the scope of this Phase I assessment. Task III -Interviews The Consultant will atiempt to hold discussions with present and past property owners,operators, occupants and other persons knowledgeable in regard to past or present site operations to obtain information indicating RECs in connection with the property. Interviews will also be held with state and/or local government officials to obtain information indicating RECs in connection with the property.The Consultant will diligently endeavor to maintain confidentiality regarding the nature of this site investigation. ~rr iv —R Upon completion of these tasks,the Consultant will evaluate the information collected and prepare a report documenting the findings,opinions and conclusions of the Phase I ESA.The report will describe the services performed and identify known or suspect RECs,and historical RECs,and de minimis conditions.It will offer an opinion regarding the potential for adverse environmental impacts at the property.The report will also address the potential for adverse environmental impacts to or from adjoining properties,where the information is readily available.Three copies of the report will be provided to the City. At the City's request,the Consultant will provide recommendations for additional investigation,if any,to detect the presence of hazardous substances or petroleum products,Any such recommendations will be in the form of correspondence separate from the Phase I ESA report. It should be noted that unless specified elsewhere in this proposal,the non-scope considerations, as defined in Section 13.1.5 of the ASTM E 1527-05 are not included in this proposed scope of work.However,if during the course of the project the Consultant becomes aware that any of the Section 13.1.5 non-scope items may be a potential concern,we will notify the City immediately to discuss this issue and determine whether an amended scope of work should be implemented. Owner Res onsibilities When outlining this proposal,the Consultant presumes that the City of Waukee will provide the following items prior to commencement of the Phase I ESA; ~Legal description of the subject property; ~Site map of the subject property,with a clear delineation of the foot print of the area to be investigated; Foth Infrastructure and Environment,LLC Foth Project No. Site 2 Waukee Development Area Environmental Services Nonhwest and Northeast Corner of Hickman Road and T Avenue Waukee,iowa ~Access to the subject site to perform the ESA; ~Contact name and number of person(s)knowledgeable of the site that can provide information on site history,past environmental practices,eicd ~Copies (as available)of helpful documents such as previous Phase I ESAs,compliance audits,permits,and/or other pertinent documents related to the property;and ~Identification of any liens or easements on the property. Foth Infrastructure and Environmenl,LLC Foth Project No. Site 2 INaukee Development Area Environmental Services Northwest and Northeast Corner ol Htckman Road and T Avenue Waukee,lowe ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the design and engineering services under this Agreement shall be as follows: The Consultant proposes to complete the project according to the following schedule,unless circumstances beyond our control require modification of the schedule.The Consultant anticipates completion of the Phase I ESA report within sjx weeks after receipt of a signed agreement for Professional Services and fulfillment of the owner's responsibilities outlined in Section IV.This schedule is based on the assumption that background information on the site will be made available,persons knowledgeable about the site will be available for interviews and the site reconnaissance,and access to the site for the site visit is granted. 10 Foth Infrastructure and Environment,LLC Fath Project No Site 2 Waukee Development Area Environmental Services Northwest and Northeast Corner of Hickman Road and T Avenue Waukee,iowa ATTACHMENT 3 SCHEDULE GF FEES FGTH INFRASTRUCTURE AND ENVIRGNIIIIENT,L.L.C 20'I5 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 January 1,2015.Rates subject to change annually on January 1. 11 -~-~ll f58 I 9f