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HomeMy WebLinkAboutMeadow Subdivision ContractMEADOWS SUBDIVISION DETENTION BASIN AND DRAINAGE SYSTEM IMPROVEMENTS JEFFERSONVILLE DRAINAGE BOARD JEFFERSONVILLE, INDIANA SUPPLEMENTAL AGREEMENT NO. '1 PROFESSIONAL ENGINEERING SERVICES WATER/VVETLAND PERMITTING SERVICES This is a Supplemental Agreement made as of this 3a 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 City of Jeffersonville, Indiana 4th Floor, City-County Building. 501 East Court Avenue Jeffersonville, Indiana 47130 Bruce Wright, Bq~d President Jacobi, Toombs and Lanz, Inc. Consulting Engineers /?'3ohn H. Toombs, Jr., Vice~ ~ ATTACHMENT A WaterNVetland 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. Page 2 of 3 / REDWING · Louisville, Kentucky 40202 · Phone 502.625.3009 · Fax $02.625,30?7 .~__~/\ ECOLOGICALSERV~CES, INCj 12~ South Sixth Street July 2, 2004 Mr. Harold Hart, PE, LS Jacobi, Toombs and Lanz, Inc. 120 Bell Avenue. Clarksville, 1N 47129 Subject: Proposal for Water/Wetland Permitting Services Proposed Jeffersonville Drainage Facility Clark County, Indiana Redwing Project 04-048 ' Dear Mr. Hart: Per our recent m6eting 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 1 O-acre site is located between the Baltimore and Ohio Railroad and Hampton Drive, east of 1-65. 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 (USACE). Certain water/wetland impacts are also regulated by the Indiana Department of Environmental Management (IDEM) under Section 401 of the Clean Water Act. Under current regulations in Indiana, impacts to greater than one acre of jurisdictionaI waters require the submittal of an Individual Permit to the USACE. Impacts to waters of the U.S. between 0.I acre and 1.0 acre due to residential and commercial development require submittal of a Regional General Permit to the USACE. Impacts to less than 0.1 acre of jurisdictional waters are pre-approved under the Regional General Permit, and formal notification to the USACE is not required. A Water Quality Certification ;vill be required from 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 fomaal 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, ~ve 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 fore, al 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 I987 Corps of Engineers Wetland Delineation Manual. This technique uses a multi-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. Proposal for Water/Wetland Permitting Services July 2, 2004 Proposed Jeffersonvi#e 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/Coordinatiom 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. 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 ConceptuaI Mitigation Plan .................................................... $1,300 Permit Application ........................................................... $3,100 Delineation Report $900 Permit Report $2,200 Agency Coordination ............................................................. $1,600 TOTAL .................................................................................. $7,300 4 Proposal for Water/Fgetland 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 Fit¢:O4.048/proposal/ProposcdJ¢fl'crsonvillcDralnagcFacilky-prp Attachments: Professional Services Agreement Kiersten R. Fuchs Principal Senior Ecologist ATTACHMENT B FEE COMPUTATION SUMMARY Water/Wetland Permitting Services Lump Sum Fee Total $ 7,300.00 Page 3 of 3