HomeMy WebLinkAboutSupplemental Agreement 1 Professional Engineering Services~i
• MEADOWS SUBDIVISION DETENTION BASIN AND DRAINAGE SYSTEM IMPROVEMENTS
_ JEFFERSONVILLE DRAINAGE BOARD
JEFFERSONVILLE, INDIANA
SUPPLEMENTAL AGREEMENT NO. 1
PROFESSIONAL ENGINEERING SERVICES
WATER/WETLAND .PERMITTING SERVICES
This is a Supplemental Agreement made as of this 3° day of August, 2004, between the City of Jeffersonville,
Indiana, acting thru its duly appointed Drainage Board (CLIENT) and Jacobi, Toombs, and Lanz, Inc.
(JTL), a firm of Professional Engineers, Surveyors and GIS Specialists.
WHEREAS, CLIENT and JTL entered into a Professional Engineering Services Agreement on March 2, 2004,
and
WHEREAS, it has become necessary to include water/wetland permitting services due to the potential existence
of a wetland at the proposed site.
NOW, THEREFORE, the CLIENT and JTL agree to the following changes and supplements to said ongoing
Professional Engineering Services Agreement dated March 2, 2004:
Attachments `A' and `B' are hereby changed or supplemented as per enclosed revised attachments.
Unless changed or supplemented by this Supplemental Agreement No. 1, all other terms and conditions of the
original agreement dated March 2, 2004, shall remain in full force and effect.
In witness whereof, the parties hereto have made and executed this Supplemental Agreement as of the day and
year first written.
CLIENT:
CONSULTANT:
Drainage Board of the Jacobi, Toombs and Lanz, Inc.
City of Jeffersonville, Indiana Consulting Engineers
4th Floor, City-County Building 120 Bell Avenue
501 East Court Avenue Clarksvil~, Indiana 47129 /
Jeffersonville, Indiana 47130 (\ /
By: By:
Bruce Wright, B rd President orge I. nz, P.E.,
Witness: ~ ~~
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Witness:
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ATTACHMENT A
D. Water/Wetland Permitting Services
Jacobi, Toombs and Lanz, Inc. shall subcontract the services as per the attached proposal to
Redwing Ecological Services, Inc. for the water/wetland permitting services described therein.
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/~ REDWING 129 South Sixth Street •
s / / ECOLOGICAL SERVICES, INC.
July 2, 2004
Mr. Harold Hart, PE, LS
Jacobi, Toombs and Lanz, Inc.
120 Bell Avenue.
Clarksville, Ilv 47129
Louisville, Kentucky 40202 • Phone 502.625.3009 • Fax 502.625.3077
Subject: Proposal for Water/Wetland Permitting Services
Proposed Jeffersonville Drainage Facility
Clark County, Indiana
Redwing Project 04-048
Dear Mr. Hart:
Per our recent meeting and conversation with yourself and Mr. Jorge Lanz, Redwing Ecological Services,
Inc. (Redwing) is pleased to submit this proposal for water/wetland permitting services in support of the
proposed Jeffersonville Drainage Facility in southern Clark County, Indiana. The approximately 10-acre
site is located between the Baltimore and Ohio Railroad and Hampton Drive, east of I-65. The goal of
these proposed services is to assist Jacobi, Toombs and Lanz, Inc. (JTL) with obtaining the required
jurisdictional water/wetland permits for the proposed project.
BACKGROUND
Jurisdictional waters of the U.S., including wetlands, are defined by 33 CFR Part 328.3 and are protected by
Section 404 of the Clean Water Act (33 USC 1344), which is administered and enforced by the U. S. Army
Corps of Engineers (USAGE). Certain water/wetland impacts are also regulated by the Indiana Deparhnent
of Environmental Management (IDEM) under Section 401 of the Clean Water Act. Under current
regulations in Indiana, impacts to greater than one acre of jurisdictional waters require the submittal of an
Individual Permit to the USAGE. Impacts to waters of the U.S. between 0.1 acre and 1.0 acre due to
residential and commercial development require submittal of a Regional General Permit to the USAGE.
Impacts to less than 0.1 acre of jurisdictional waters are pre-approved under the Regional General Permit,
• and formal notification to the USAGE is not required. A Water Quality Certification will be required from
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Proposal for Water/Wetland Permitting Services July 2, 2004
Proposed Jeffersonville Drainage Facility Redwing Proposal 04-048
• the IDEM if the project impacts greater than 0.1 acre of jurisdictional wetland or impacts greater than 300
linear feet of stream; however, impacts below these thresholds do require the submittal of formal
notification to IDEM.
Based on our preliminary site visit on June 25, 2004, review of available maps and discussions with JTL,
jurisdictional waters/wetlands appear to be present through the central portion of the site, along
intermittent/perennial streams tributary to Lick Run. Per our conversation, we understand that the drainage
facility has several construction options, which may range from minor to major water/wetland impacts. For
the purposes of this proposal, we assume that impacts will be limited to construction of a dam across the
downstream portion of the site and permitting can be addressed under a Regional General Permit (less than
one acre of impact).
PROPOSED SERVICES
The focus of these proposed services will be the delineation of jurisdictional boundaries and preparation
of application packages for a Regional General Permit and a Section 401 Water Quality Certification
(WQC) to the USACE and the IDEM, respectively. These services will be accomplished through
completion of the following tasks, which are described in detail below: 1) a formal water/wetland
delineation of the property; 2) preparation of a joint permit application package; and 3) conducting
meeting/coordination with JTL and agency personnel.
Water/Wetland Delineation: Under this task Redwing will delineate the jurisdictional water/wetland
boundaries on the approximately 10-acre project site. During the field study, wetland areas will be
identified using the Routine On-Site Determination Method as defined in the 1987 Corps of Engineers
Wetland Delineation Manual. This technique uses amulti-parameter approach, which requires positive
evidence of three criteria: wetland hydrology, hydric soils, and hydrophytic vegetation. Areas exhibiting
all three criteria will be flagged in the field and marked on available site maps. Jurisdictional waters
(streams, lakes) will be identified on the basis of the ordinary high water mark (OHWM) and defined bed
and bank features. We understand that delineated jurisdictional boundaries will be surveyed by JTL This
task will also be used to assess the relative quality of on-site waters/wetlands for use in the permitting
process. We have budgeted one day in the field for two Redwing wetland scientists to complete this task.
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Proposal for Water/Wetland Permitting Services July 2, 2004
Proposed Jeffersonville Drainage Facility Redwing Proposal 04-048
Permit Application: This task includes the preparation of a Section 404 Regional General Permit/WQC
Application Package for submittal to the USACE and the IDEM. The permit package will include: a
description of proposed impacts; Rapid Bioassessment Protocol (RBPs) assessment for the existing
stream; quality assessment of the wetland area; and required application forms for both the USACE and
the IDEM. The permit package will also include the findings of the formal delineation of the property
and the conceptual mitigation plan. This task assumes that JTL will provide construction documents, any
hydrologic modeling required by the agencies, and sediment and erosion control plans that may be
required for this project. It also assumes that mitigation will be limited to on-site restoration of existing
stream and wetland habitat.
We have budgeted 20 hours (including professional, drafting and clerical time) to prepare the conceptual
mitigation plan, and 42 hours to prepare the permit application package.
Meetings/Coordination: Under this task Redwing will provide coordination necessary to complete
• review of the permit application packages by the USACE and the IDEM. We have budgeted 22 hours for
client/agency coordination including:
• One pre-application meeting with the USACE (and/or IDEM), JTL and the Jeffersonville
Drainage Board to introduce the project and discuss permitting options.
• One meeting to present the permit application to the agencies and discuss their concerns.
• Eight hours for client and agency coordination, including responses to agency/public comments,
as necessary.
We will also keep in close contact with you throughout the project via phone calls, emails and written
updates, as necessary.
DELIVERABLES
The deliverables in this proposal will include: 1) a conceptual mitigation plan for submittal with the permit
application; 2) a Regional General Permit and WQC application package for submittal to the regulatory
• agencies; and 3) coordination of USACE and other agency review of the permit application through two
agency meetings and one formal response to agency/public comments, as necessary.
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Proposal for Water/Wetland Permitting Services July 2, 2004
Proposed Jeffersonville Drainage Facility Redwing Proposal 04-048
SCHEDULE
Based on your project needs, we will commence work on this project within one week of our receipt and
acceptance of your authorization to proceed. The conceptual mitigation plan will be prepared within three
weeks of project initiation. A draft conceptual mitigation plan will be submitted to you for review prior to
inclusion in the permit package. The draft Permit Application Package will be submitted to you for review
within two weeks of your approval of the mitigation plan. The permit application will be submitted to the
USACE and IDEM within two weeks of our receipt of your comments. We will work to expedite agency
review of the application.
PERSONNEL
This project will be under the direction of Kiersten Fuchs, Senior Ecologist and Ron Thomas, Senior
• Ecologist. They will be assisted in management and technical aspects of the project by Benjamin Deetsch,
Staff Ecologist. Redwing personnel have extensive experience in wetland delineation, permitting and
mitigation in the Louisville area, and have been active here for over 13 years.
COSTS
The total cost of the Proposed Services is $7,300 and is itemized as follows:
Water/Wetland Delineation .................................................... $1,300
Conceptual Mitigation Plan .................................................... $1,300
Pernlit Application ........................................................... $3,100
Delineation Report $900
Permit Report $2,200
Agency Coordination ............................................................. $1,600
'1'O'1'AL .................................................................................. $7,300
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Proposal for Water/Wetland Permitting Services July 2, 2004
Proposed Jeffersonville Drainage Facility Redwing Proposal 04-048
These services will be provided on a lump sum basis and you will be invoiced at the end of discrete tasks.
Our invoices are payable upon receipt. Any required additional services will be provided as discrete lump
sum change orders, following specific written authorization by you. These additional services could include:
additional agency meetings and coordination; additional field studies required by the agencies; detailed
protected species surveys; preparation of detailed needs and alternatives analysis; and assessments of
additional off-site mitigation areas.
AUTHORIZATION AND CONTRACTUAL CONDITIONS
These Proposed Services will be provided on a lump sum basis. Jacobi, Toombs and Lanz, Inc will be
invoiced at the completion of discrete tasks and invoices are payable upon receipt. To authorize us to
proceed with the Proposed Services, please sign the attached Professional Services Agreement and return
one original to Redwing.
We appreciate the opportunity to assist you on this important project, and look forward to working together
as the project proceeds. Please call Kiersten Fuchs or Ron Thomas at (502) 625-3009 with any questions
• regarding this proposal.
Sincerely,
Benjamin J. Deetsch
Staff Ecologist
Fi Ia04-048/Proposal/ProposedJcffcrsonvi I IcDrainageFacility-prp
Attachments: Professional Services Agreement
Kiersten R. Fuchs
Principal
Senior Ecologist
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ATTACHMENT B
FEE COMPUTATION SUMMARY
D. Water/Wetland Permitting Services
Lump Sum Fee Total
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$ 7,300.00