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HomeMy WebLinkAboutRESOLUTION NO. 2018-38 RESOLUTION NO. 2018-38 RESOLUTION APPROVING THE PROPOSAL PROVIDED BY EB SOLUTIONS, INC. FOR THE SEEDING AND PLANTING OF WETLAND PLANTS AND NATIVE GRASSES ON PARTS OF OUTLOT C OF THE HEARTLAND HEIGHTS ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, The City of Fairfax and Iowa Lot Development, L.L.C. have been in coordination regarding the wetland plantings and native grass seeding in and around parts of the wet pond located on Outlot C of the Heartland Heights Addition; and WHEREAS, Ed Bertch with EB Solutions, Inc. has submitted a proposal to the City of Fairfax for planting and seeding wetlands and seeding native grasses in and around parts of the wet pond located on Outlot C of said Heartland Heights Addition, and for providing 2 full years of monitoring after the initial plantings and seeding, and up to 10% replanting and reseeding of these areas, as needed, within this 2 year period. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to accept the proposal from EB Solutions, Inc. to plant and seed said wetland plantings and native grasses on said Outlot C, and to monitor these plantings and grasses for up to 2 full years after the original plantings and seeding are completed, with replanting and reseeding of up to 10% of these plantings and grasses as necessary within this two year period. BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. Passed and approved this 12t1i day of June, 2018. AYES: Otto, Daly, Wainwright, and Volk NAYS: None ABSENT: Kell Burnell G. Frieden, Mayor ATTEST: Cy thia Stimson, City Clerk/Treasurer A R�.'..9.3R.fY4•�,y s&�A E 1931 E Avenue NW Cedar Rapids, IA 52405 Phone: (319) 531-8487 June 4, 2018Proposal EB42818046r Mr. Bernie Frieden Mayor, City of Fairfax th 300 80Street Court Fairfax, Iowa 52228 Re:Proposal for Short Prairie Seeding,Wetland Planting,Re-Planting, and Monitoring Heartland Heights Basin and Walking Trail Fairfax, Iowa Dear Mr. Frieden: EB Solutions, Inc.is please to presentthisproposal to complete the initial plantingand seeding for the Heartland Heights Wetland and Prairie around the basin. Scope of Services It is anticipated that the basin and grading activities will not be completed until the end of the summer of 2018. We are proposing the short prairie seeding be completed after the first frost. If the wetland areas are finished by August, we would recommend that the wetland plants be planted this year. If the wetland areas are not completed by August, then the plantings should be completed in the spring of 2019 prior to June 30. Short Prairie Seeding We are proposing to seed the area around the basin with a short pollinator seed mix. The seed mix will be a 10/30 grass to wildflower mix. We will also seed the sediment basins on the east side of the stream. Once grading is complete, we will rack the area to loosen thetop inch of soil. Once the racking is completed, we will seed the area with a seed mix by a spreader at a minimum of 10-20 lbs per acre. Straw will placed on top of the seed and soil to protect the soil and seed over the winter. The seed mix will include the following. Little BluestemGray-headed Coneflower Sideoats GramaHoary Vervain Heartland Heights Proposal EB42818046r June 4, 2018 Page 2 Canada WildryeOx-eye Prairie JunegrassPartridge Pea Rough DropseedPrairie Cinquefoil AlumrootPrairie Mimosa Black-eyed SusanPurple Coneflower Butterfly MilkweedPurple Prairie Clover Canadian AnemoneRattlesnake Master Common Evening Slender Mountain mint Primrose Common MilkweedSmooth Blue Aster Culver’s RootTall Goldenrod Foxglove Penstemon Western Yarrow Golden Alexander’sWhite Prairie Clover Wild Bergamot Wetland, Pond,and East Stream Planting We will hand plant plugs or bare root plants around the pond edge and along the east stream every 30 feet a five-plant cluster. It is estimated that approximately 506 plants will be planted follow the following. Arrow ArumBlue Flag Iris Water MarigoldPondweed Softstem Bulrush Heartland Heights Proposal EB42818046r June 4, 2018 Page 3 Wetland, Pond, and East Stream Planting If, construction activities are completed this August, we anticipate that these could be planted in late August of 2018 or early September 2018. If not, then they can be planted early spring of 2019. We hand plant several plugs or bare root plants in the two wetland areasin clustersof 5every 15 square feet or approximately 1,080plants. The following wetland species will be planted. Swamp Milkweed-20quarts Switch Grass –100 plugs Rice Cut Grass –100 plugs Fowl Manna Grass-100plugs Common Rush-100 plugs Cardinal Flower-200 plugs Water Marigold-80 plugs Queen of the Prairie-200 plugs Softstem Bulrush-100 plugs Water lily-80 plugs Monitoring ndrd , and 3years after planting. We will complete the following service We will monitor the Site the initial, 2 if necessary. Re-Planting:Short Prairie Seeding If it becomes necessaryin the three years,wewill re-seed 10 percent (1 acre) of the 7 acres. Re-Planting:Wetland, Pond,and East Stream Planting If it becomes necessary in the three years, we will re-plant 10 percent of the wetland plants listed above. Heartland Heights Proposal EB42818046r June 4, 2018 Page 4 Wetland, Pond, and East Stream Planting If it becomes necessary in the three years, we will re-plant 10 percent of the wetland plants listed above. Schedule Based on our current schedule, we anticipate that the Scope of Services will commence within ten business days of your authorization, and that fieldwork will take approximately threeweeks to completeafter the growth season starts. Fees Based on our current understanding of the site conditions and the assumptions stated below, we project the total cost to perform these services will be about $39,507.For a breakout of these services, please refer to the attached cost spreadsheet. If we are authorized to conduct the proposed scope of work, you will be invoiced on a monthly basis for the services performed under this proposed contract. In performing its services, EB Solutions, Inc. will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same location. Noother warranty is made or intended. General Remarks If the location of the sites is not clear to us, we will request that you meet us at the sites to identify the site boundaries. The proposed fees are based on the scope of services described and the assumption that our services willbe authorized within 30 days and that others will not delay us beyond our proposed schedule. We include the EB Solutions, Inc.’s Terms and Conditions, which provide additional terms and are a part of thisagreement. Terms on payment for services are due upon receipt of invoice with interest added to unpaid balances, in accordance with the Terms andConditions that are a part of this proposal. Our work may extend over more than one invoicing period. As such, for work that is performed during the course of each invoicing period, we will submit partial progress invoices. EB Solutions, Inc. appreciates the opportunity to present this Proposal to you. It is being presented in duplicate so the original can be retained for your records and thecopy can be signed and returned tous by fax or U.S. Mail. Please return the signed copy in its entirety. Heartland Heights Proposal EB42818046r June 4, 2018 Page 5 We appreciate the opportunity to present this proposal to you. If you have questions regarding the contents of this Proposal, or if you would like to meet to discuss our proposed scope of servicesand toclarify the various scope components. We appreciate the opportunity to provide professional services for you on this project. If you have any questions, please call Ed Bertch at (319) 531-8487. Sincerely, EB Solutions, Inc. Ed Bertch, PG Senior Geologist Attachment: Cost Estimate Terms and Conditions Authorization to Proceed Please proceed according to the described scope of services and Terms and Conditions: Authorizer’s Firm Authorizer’s Signature Authorizer’sName (please print or type) Authorizer’s Title Date Cost Estimate Heartland Heights Planting and Seeding Fairfax, IA EB42818046 Short Prairie Seeds DescriptionQuantityUnitsUnit PriceExtension Task: Pond Edge Seed7Acre$759.46$5,316.22 Seeds Total:$5,316 Wetland Plants-Initial Task: Pond and East Stream Edge Arrow Arum50Each$2.01$100.63 Water Marigold50Each$1.73$86.25 Softstem Bulrush178Each$1.50$266.11 Blue Flag178Each$6.04$1,074.68 Pondweed50Each$2.30$115.00 Plants Total:$1,643 Task: Wetlands Swamp Milkweed20Each$5.75$115.00 Switch Grass100Each$1.32$132.25 Rice Cut Grass100Each$1.50$149.50 Fowl Manna Grass100Each$1.32$132.25 Common Rush100Each$1.73$172.50 Cardinal Flower200Each$1.73$345.00 Water Marigold80Each$1.73$138.00 Queen of the Prairie200Each$1.73$345.00 Softstem Bulrush100Each$1.50$149.50 Water Lily80Each$4.31$345.00 Plants Total:$2,024 Labor Task: Labor and Equipment Equipment and Supplies10Day$250$2,500 Environmental Technician I244Hours$75$18,300 Senior Scientist Review30Hours$120$3,600 Planting Labor Total:$24,400 Wetland Plants-2nd & 3rd Years Task: Pond Edge Seed1Acre$759.46$759.46 Seeds Total:$759 Task: Wetlands Swamp Milkweed4Each$5.75$23.00 Switch Grass20Each$1.32$26.45 Rice Cut Grass20Each$1.50$29.90 Fowl Manna Grass20Each$1.32$26.45 Common Rush20Each$1.73$34.50 Cardinal Flower40Each$1.73$69.00 Water Marigold16Each$1.73$27.60 Queen of the Prairie40Each$1.73$69.00 Softstem Bulrush20Each$1.50$29.90 Water Lily16Each$4.31$69.00 Plants Total:$405 Monitoring and Replanting-2nd & 3rd Years Task: Labor and Equipment Equipment and Supplies4Day$250$1,000 Environmental Technician I40Hours$75$3,000 Senior Scientist Review8Hours$120$960 Planting Labor Total:$4,960 Project Total:$39,507 Terms and Conditions 1 DEFINITIONS The following definitions shall apply to these Terms and Conditions: 1.1 "Agreement" means the contract referred to in clause 2. 1.2 "Client" means the person, firm, company or organization for whom the Consultant is performing the Services. 1.3 "Consultant" means EB Solutions, Inc. 1.4 "Project" means the Project referred to in any proposal/offer. 1.5 "Services" means the Services to be performed by the Consultant on behalf of the Client in accordance with the proposal/offer. 1.6 "Third Party" means any person other than the Consultant, the Client or their respective employees or agents. 2 GENERAL 2.1 These terms and conditions together with any associated proposal/offer for Services and any attached Schedule of Hourly Fee Charges and/or Disbursements shall constitute a contract between the Client and the Consultant which shall be subject to any terms and conditions stated in the proposal/offer and these terms and conditions. 2.2 These terms and conditions take precedence to and supersede any terms and conditions referred to, offered or relied upon by the Client, whether in negotiation or at any stage in the dealings between the Client and the Consultant with respect to the Services. The Consultant shall not be bound by any other terms and conditions provided by the Client unless the Client notifies in writing that it intends such terms and conditions to apply and the Consultant accepts such terms and conditions in writing. 3 PERFORMANCE OF SERVICES 3.1 The Consultant shall exercise reasonable skill and care in the performance of the Services. 3.2 The Consultant retains the right, subject to written notice, to withdraw from the project if, in his view, project development falls below an acceptable professional standard or, in particular fails to provide adequate measures for the reasonable protection of the environment. 4 COMPLIANCE WITH LAW This Agreement shall be governed by and construed in accordance with Iowa law. 5 CONFIDENTIAL INFORMATION The Consultant shall keep confidential all information as to the business of the Client which shall come or has come to the knowledge of the Consultant in the course of performing the Services,provided that this restriction shall not apply to any information which is in, or legitimately enters, the public domain. 6 COPYRIGHT Copyright for all reports, documents and the like (including material in electronic form) produced by the Consultant shall remain vested in the Consultant. The Consultant shall not be liable for any use of such reports and documents other than by the Client for the purposes for which they were commissioned and prepared. 7 LIABILITY AND INSURANCE 7.1 Notwithstanding anything to the contrary contained elsewhere in this Agreement, the total liability of the Consultant under or in connection with this Agreement for any claim whether in contract or in tort, in negligence or for breach of statutory dutyor otherwise, (other than in respect of personal injury or death), shall be limited to the greater of: (a) $40,000(Fortythousand dollars) or fee including costs and expenses; or (b) such liability of the Consultant for any claim or claims as would be just and equitable forthe Consultant to pay having regard to the extent of his responsibility for the loss or damage suffered as a result "the loss and damage" in question and on the assumptions that: (i) all other consultants and all contractors and subcontractors appointed by the Client or his agents in connection with the Project shall have provided contractual undertakings to the Client on terms no less onerous than those provided by the Consultant in respect of the carrying out of their obligations; (ii) there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause and any other party who is responsible to any extent for the loss and damage is contractually liable tothe Client for the loss and damage; and (iii) all other consultants and all contractors and subcontractors have paid to the Client such proportion of the loss and damage which it would be just and equitable for them to pay having regard to the extent oftheir responsibility for the loss and damage. 7.2 Provided that and without prejudice to the generality of the foregoing, the total liability of the Consultant in respect of all such claims under or in connection with this Agreement arising out of or in connection with force majeure, pollution, contamination or consequential loss is excluded. 7.3 The Client shall indemnify and keep indemnified the Consultant from and against all claims, demands, proceedings, damages, costs, charges "and expenses arising out of or in connection with this Agreement, the Works and/or the Project in excess of the liability of the Consultant agreed in clauses 7.1 and 7.2 above, or which may be in respect of events occurring after expiry of the period of liability stated in clause 7.4. 7.4 No action or proceedings under or in respect of this Agreement, whether in Contract, Tort or negligence or for breach of statutory duty or otherwise shall be commenced against the Consultant following completion of the Services or other such minimum period as may be prescribed by law. The date of completion of the Services shall be that upon which the Consultant completes the Services originally specified. 7.5 The Consultant shall maintain professional indemnity insurance cover for an amount of not less than $1,000,000(One Million dollars) for each and every claim, including costs and expenses. 7.6 The Consultant shall use all reasonable endeavorsto maintain cover as stated in clause 7.5 above, providing such insurance remains available to the Consultant at commercially reasonable rates within the United Statesinsurance market. 7.7 The Client shall not at any time pursue any claim in contract, tort or statute (including negligence) against any individual employed by the Consultant, (whether named expressly or not), as a result of its carrying out the Services or preparing any information, documents and correspondence howsoever issued, under or inconnection with these Terms & Conditions. All Employees of the Consultant are specifically excluded from having any personal liability to the Client or any third party. 8 SUPPLY OF INFORMATION AND PROJECT CHANGE The Client shall supply in a timely fashion and without charge all necessary and relevant information (including any relevant instructions consents and approvals) in his possession or available to him from his other agents, contractors or consultants.If the Consultant has to carry out additional, repeat or revised work as a result of further or delayed information received, the Consultant shall appropriately advise the Client who shall be responsible for payment of such Services at the Consultants hourly rates in force at the time. 9PAYMENT 9.1In consideration of the Services performed under this Agreement, the Consultant shall be paid as set down in the proposal offer, being either monthly in arrears, or on a staged or lump sum basis, for all work completed. All sums shall become due for payment by the Client on submission of the Consultants invoice. All Reports, drawings, calculations, designs and the like remain the property of the Consultant until paid for in full by the Client. Any sums remaining unpaid at the expiry of the period of 30 days from the date of issue of the invoice, shall bear interest thereafter, calculated in accordance with a rate of 10%. The Consultant shall also be entitled to compensation for debt recovery costs. 9.2 The Client may not withhold any payment after the final date for payment of any sum due under this Agreement unless the Client gives not later than seven days before such final date a notice specifying the amount proposed to be withheld and the ground for; withholding payment or if there is more than one ground, each ground and the amount attributable to it. 10THIRD PARTIES 10.1 All documents prepared by the Consultant in connection with the Services are for use by the Client only in connection with the Project and shall not be used nor relied upon by any Third Party without the written consent of the Consultant, or used for any other project. The Consultant accepts no responsibility or liability for any report or document prepared by it in connection with the Project to any party other than the Client. 11TERMINATION This Agreement may be terminated by either party upon seven (7) days prior written notice. In the event of termination, Consultant shall be paid up to the effective date of termination for all services rendered by it and all drawings or other documents prepared Consultant and need not be delivered to Client until all moneys owed to Consultant by Client (whether or not such moneys have then become due and payable) have been paid.