HomeMy WebLinkAboutWATER/WETLAND CONSULTING SODREL PROPERTY DRAINAGE PROJECT fiji
1.1� REDWING1139 South Fourth Street•Louisville,KY 40203•Phone 502.625.3009•Fax 502.625.3077
ECOLOGICAL SERVICES.INC.
•
VIA EMAIL
January 18, 2019
Mr. Matthew Bell
City of Jeffersonville
2003 Renfroe Way, Suite 300
Jeffersonville, Indiana 47130
m bell @cityofjeff.net
Subject: Proposal for Water/Wetland Consulting Services
Sodrel Property Drainage Project
Clark County, Indiana
Redwing Proposal 19-006
Dear Mr. Bell:
Per your request, Redwing Ecological Services, Inc. (Redwing)is pleased to submit this proposal to
the City of Jeffersonville (City) for water/wetland consulting services in support of the proposed
Sodrel Property drainage project in southern Clark County, Indiana. The project site consists of an
existing drainage swale corridor located immediately south of the intersection of Eastern Boulevard
and Sodrel Drive. The goal of these services is to identify the location and extent of jurisdictional
waters/wetlands on the site in order to assist the City with project planning.
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). Impacts to wetlands, ponds and streams can require
permits ranging from activities that are preauthorized,to those requiring a Nationwide Permit(NWP)or
Regional General Permit(RGP), to those requiring a full Individual Permit. Most activities also require
Water Quality Certification (WQC) from the Indiana Department of Environmental Management
(IDEM). Impacts to greater than 0.1 acre of wetlands or filling/culverting greater than 150 linear feet
of stream generally require compensatory mitigation. The USAGE has final authority over the
location and extent of jurisdictional waters, and can issue a Jurisdictional Determination (JD) to
formally document the regulatory status of waters on a site.
Proposal for Water/Wetland Consulting Services January 18, 2019
Sodrel Property Drainage Project Redwing Proposal 19-006
We understand that in order to alleviate flooding of Eastern Parkway at a nearby railroad underpass,
the City is investigating the potential to lower the elevation of the existing drainage swale on the Sodrel
Property. The outlet for a stormwater pipe draining the catch basins at the underpass is located
approximately four feet below the elevation of the existing drainage swale. The City is considering
options to establish positive drainage out of the catch basins by lowering the flow line elevation of the
swale by approximately four feet through either installation of stormwater piping or excavation of the
existing ditch bottom. Based on a preliminary site visit and a review of available maps and resources,
no streams are mapped on the site; however,the swale located on the project site could potentially be
considered a jurisdictional stream and wetlands may also be present. At USAGE discretion, if this
swale is considered to be a man-made ditch in uplands that does not replace former stream flows, it
may be determined to be non-jurisdictional.
PROPOSED SERVICES
The location and extent of jurisdictional waters/wetlands on the project site,including a determination
of the jurisdictional status of the existing drainage swale,will be accomplished through a combination
of delineation, preparation of a JD Request for submittal to the USACE, and meetings/coordination.
Task 1 — Delineation: Under this task, Redwing will delineate water/wetland boundaries on the
project site through a combination of in-house research and field assessment. In-house research
will include a review of available data, including topographic maps, soil surveys, and aerial
photographs. During the field delineation,wetland areas will be identified through documentation of
the presence/absence of hydric soils, wetland hydrology, and hydrophytic vegetation per the
guidelines of the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Midwest Region Version 2.0(August 2010). Jurisdictional waters(i.e.streams, lakes, ponds)will be
identified on the basis of ordinary high water mark (OHWM) and defined bed and bank features.
Stream quality for all intermittent and perennial streams will be evaluated using the Rapid
Bioassessment Protocol (RBP) developed by the U.S. Environmental Protection Agency. The
boundaries of all delineated water/wetland areas will be marked with flagging, surveyed using
Trimble sub-meter accurate GPS equipment,and marked on appropriate field maps. The delineation
will also be used to determine the regulatory status of the drainage swale, particularly in terms of
USACE/IDEM regulatory authority and potential permitting requirements. We have budgeted four
hours for in-house research and preliminary map preparation, and four hours in the field for two
Redwing wetland scientists to complete the field assessment.
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Proposal for Water/Wetland Consulting Services January 18, 2019
Sodrel Property Drainage Project Redwing Proposal 19-006
Task 2 — Jurisdictional Determination Request: Under this task, Redwing will prepare a report
documenting the results of the water/wetland delineation and requesting concurrence, through
issuance of a JD for the site, from the USACE. The report will contain a discussion of the
methodology and results of the delineation (including water/wetland quantity and quality), a site
location map, a water/wetland location map, a soils map, wetland determination data forms, stream
quality assessment forms, USACE Jurisdictional Determination forms, photographs, project
description, and other required information. We have budgeted 18 hours (including professional,
clerical, and drafting time)to complete a draft of the delineation report, and four hours to prepare the
final document incorporating your comments.
Task 3— Meetings/Coordination: Under this task, Redwing will coordinate USACE verification of
the water/wetland delineation and issuance of a JD for the project site. We have budgeted two hours
each for one Redwing professional to attend a site meeting with the USAGE and four hours of general
coordination with the USACE and the City.
DELIVERABLES
The deliverable for this proposal is a JD Request for submittal to the USACE. We will also keep in
close contact with you throughout the process via phone calls, emails, and written updates, as
necessary.
SCHEDULE
We can complete the field assessment within two weeks of our receipt and acceptance of your
authorization to proceed. The draft JD Request will be submitted for your review within two weeks
following completion of the field assessment. The final report will be submitted to the USACE upon
receipt of your comments.
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Proposal for Water/Wetland Consulting Services January 18, 2019
Sodrel Property Drainage Project Redwing Proposal 19-006
COSTS
The cost of the proposed water/wetland consulting services is$4,600, as detailed below.
Task 1 — Delineation $1,400
Task 2—JD Request $2,100
Task 3— Meetings/Coordination $1,100
TOTAL $4,600
Any required additional services will be provided as discrete lump sum change orders,following your
specific written authorization. These additional services could include water/wetland permitting with
the USACE and/or IDEM, mitigation planning, or additional meetings/coordination to handle
unforeseen issues.
AUTHORIZATION AND CONTRACTUAL CONDITIONS
These Proposed Services will be performed on a lump sum basis. You 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 copy
to Redwing.
We appreciate the opportunity to assist you on this important project and look forward to working
together as it proceeds. Please call Ron Thomas or Jana Day at(502)625-3009 with any questions
regarding this proposal or the overall project.
Sincerely,
6G /f
Y/Q 77/7 A//'
Jana M. Day 62 Ronald L. Thomas
Staff Aquatic Biologist II Principal
Senior Ecologist
P\2019 Projects 19-000-Sodrel Property\Proposal\Proposal-JD Request doo,
Attachment: Professional Services Agreement
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Proposal for Water/Wetland Consulting Services January 18 2019
Sodrel Property Drainage Project Redwing Proposal 19-006
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PROFESSIONAL SERVICES AGREEMENT
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PROFESSIONAL SERVICES AGREEMENT
PROJECT NAME: Sodrel Property—Water/ Wetland Consulting Services PROPOSAL NUMBER: Redwing Proposal 19-006
LOCATION:Clark County,Indiana CLIENT: City of Jeffersonville
1.0 SCOPE OF WORK. Redwing Ecological Services,Inc.,through and by its officers,employees and subcontractors(hereinafter REDWING),
is an independent consultant and agrees to provide CLIENT,for its sole benefit and exclusive use, professional consulting Services set forth
in our proposal. No third-party beneficiaries are intended by this Agreement.
2.0 STANDARD OF CARE. REDWING will perform its Services using that degree of skill and care ordinarily exercised by reputable members of
its profession practicing in the same or similar locality at the time of Service. No other warranty,express or implied, is made or intended by our
proposal or by our oral or written reports.
3.0 CLIENT'S RESPONSIBILITIES. CLIENT will provide REDWING with an accurate description of the Site where the Services are to be
performed and will furnish REDWING with all available information(including the physical characteristics,legal limitations and utility limitations)
at the Site. CLIENT will provide for or arrange for a right of entry to REDWING,its agents,staff,or subcontractors,for the purpose of performing
and with the right to perform all acts,studies,and research including,without limitation,the making of tests and evaluations,pursuant to the agreed
Services. Subject to applicable law,CLIENT will provide REDWING,its employees and subcontractors,reasonable access to the Site.
4.0 INSURANCE REQUIREMENTS. REDWING will maintain reasonable insurance coverages for general liability,auto,worker's compensation,
and professional liability(E&O). Certificates will be provided upon request.
5.0 PROFESSIONAL LIABILITY. For additional consideration of $10.00, receipt of which is hereby acknowledged, CLIENT agrees that
REDWING's liability to CLIENT or any third party due to any negligent professional acts,errors or omissions or breach of contract will be limited to
an aggregate of$50,000 or the amount of the total fee,whichever is greater.
6.0 PAYMENT TERMS. REDWING shall submit invoices for approved Services to CLIENT upon completion of the Services,or on a two to
four-week basis for longer projects. CLIENT agrees to pay Redwing's invoices upon their receipt. If payment is not received within thirty(30)days
from the invoice date,CLIENT agrees to pay interest on the past due amount at the prevailing legal rate,plus a service charge,including reasonable
attomey's fees,if collected through an attorney. If CLIENT objects to a portion of any invoice,CLIENT shall notify REDWING within ten(10)
days from date of the invoice,give reasons for the objection,and pay that portion of the invoice not in dispute.
7.0 UNANTICIPATED CONDITIONS. Should REDWING encounter conditions at the Site where Services are being performed which were not
reasonably anticipated and not previously revealed to REDWING in writing by the CLIENT,upon notice to CLIENT,REDWING at its sole discretion
may: 1)continue with the Services to completion; 2)suspend activities and prepare a change order request for approval by CLIENT prior to
proceeding,or 3)terminate all Services after five days'prior notice to CLIENT.
8.0 DOCUMENTS. REDWING will fumish CLIENT the agreed upon number of written reports and supporting documents. These are provided for
CLIENTs exclusive internal use and reliance,use of CLIENT's counsel,use of CLIENTs qualified bidders,and for regulatory submittal in connection
with the project or Services provided for in the Agreement. Any reuse on another project,or redistribution to third parties shall be at sole risk of
CLIENT. There are no third-party beneficiaries to this Agreement.
9.0 CONFIDENTIALITY. REDWING will maintain as confidential any documents or information provided by CLIENT and will not release,distribute
or publish same to any third party without prior permission from CLIENT,unless compelled by law or order of a court or regulatory body of competent
jurisdiction. Such release will occur only after prior notice to CLIENT.
10.0 SEVERABILITY. In the event any provision or part herein shall be deemed invalid or unenforceable,the other provisions or parts hereof shall
remain in full force and effect,and binding upon the parties hereto.
11.0 SURVIVAL. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or
liability between CLIENT and REDWING shall survive the completion of the Services and the termination of this Agreement.
12.0 GOVERNING LAW. This Agreement shall be govemed in all respects by the laws of the state in which the Services are performed.
13.0 TERMINATION. This Agreement may be terminated by either party at will, or upon a failure of the other party to perform its obligations
hereunder in accordance with the terms of this Agreement or in a good and workmanlike manner,upon giving thirty(30)days written notice of such
termination. Upon termination of this Agreement,the Subcontractor shall be paid for services provided and not previously paid,but shall have riot
right to perform further services under this Agreement or to receive any compensation for services or material provided after the date of termination.
14.0 ENTIRE AGREEMENT. The Parties agree that the provisions of this Agreement shall control and govem over any form or preprinted writing
signed by the Parties,such as Client Purchase Orders,Work Orders,etc.,and that such forms may be issued by CLIENT to REDWING as a matter
of convenience to the Parties without altering any of the terms or provisions hereof. This Agreement,the attached documents and those incorporated
herein,constitute the entire Agreement between the Parties and cannot be changed except by a written instrument signed by both parties.
AUTHORIZED: By(Print Name and Title): i,'e; /7)00,--e
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Signature: ��¢.� Date: ���//9