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HomeMy WebLinkAboutproposal for allison brook park OMMOMMEMOMMEMEMEW t A V V I - 1139 South Fourth Street • Louisville, KY 40203 • Phone 502.625.3009 • Fax 502..625.3077 cCC1t.OGll;i;, SEl;Lil:;[�,lf1;.: VIA EMAIL June 13, 2013 Mr. Andy Crouch, P.E. City Engineer City of Jeffersonville 500 Quartermaster Court Jeffersonville, Indiana 47130 acrouch ©cityofjeff. net Subject: Proposal for Water/VVetland Delineation Services Allison Brook Park Jeffersonville, Clark County, Indiana Redwing Proposal 13 -072 Dear Mr. Crouch: Per your request and our recent discussions, Redwing Ecological Services, Inc. (Redwing) is pleased to submit this proposal to the City of Jeffersonville (City) for water /wetland delineation services on the proposed Allison Brook Park site in Clark County, Indiana. The approximately nine -acre parcel is located immediately west of the intersection of Allison Lane and Middle Road. It is bound by Allison Lane on the northeast, Middle Road on the southeast, and Lancassange Creek on the west. The goal of these services is to identify the location and extent of jurisdictional waters /wetlands on the site, if any, in order to assist the City with planning /design and permitting for the proposed community park. 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). Impacts to waters of the U.S. can require permitting 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. Certain activities can also require Water Quality Certification (WQC) from the Indiana Department of Environmental Management (IDEM). Due to the wide range of potential permitting scenarios, it is important to accurately identify on -site waters /wetlands early in the site development process. 3 0 2 3 1, 9 Proposal for Water/Wetland Delineation Services June Proposal une une 1 2 0 1 3 Allison Brook Park We understand that the IDEM has raised concerns about the potential presence of jurisdictional wetlands on the property and that the USACE has requested a delineation to confirm the presence /absence of wetlands within the footprint of proposed park features. The east - central portion of the site has been elevated through the placement of fill material, while the north, west and south fringes of the site lie along Lancassange Creek. The USACE indicated concern for wetland impacts associated with a proposed trail in the lower -lying portions of the site. PROPOSED SERVICES In order to document the extent of waters /wetlands on the project site, including those that are federally regulated as well as isolated wetlands that are regulated by the state, Redwing will conduct a field assessment, prepare a delineation report, and coordinate agency review and approval of the project. Task 1: Field Assessment: Under this task, Redwing will delineate the jurisdictional and isolated water /wetland boundaries on the approximately nine -acre site. This task includes both in -house and field components. In -house research will involve the review of pertinent resources, such as USGS topographic quadrangle maps, National Wetland Inventory maps, the Clark County Soil Survey, aerial photographs, site topographic surveys, and other available materials. During the field investigation, wetland areas will be identified using the Routine On -Site Determination Method, as defined per the guidelines of the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region Version 2 (August 2010). This technique uses a multi - parameter approach, which requires positive evidence of three criteria: wetland hydrology, hydric soils, and hydrophytic vegetation. Jurisdictional waters (i.e. streams, lakes, ponds) will be identified on the basis of the ordinary high water mark (OHWM), defined bed and bank features, and flow regime. The boundary of any delineated water /wetland areas will be flagged in the field, and surveyed using Trimble, sub -meter accurate, GPS equipment. We have budgeted two hours for in -house research and preliminary map preparation, and four hours in the field for two Redwing biologists to complete the field assessment. Task 2: Delineation Report: Following completion of the field assessment, Redwing will prepare a Delineation Report for submittal to the USACE. The report will include a water /wetland survey map, as well as wetland determination data sheets, and a description of on -site conditions. We have budgeted 10 hours (including professional, clerical, and drafting time) to complete the delineation report. 2 3 0 2 3 1, 9 Proposal for Water/Wetland Delineation Services Redwing Proposal June June 1 2013 Allison Brook Park , Meetings /Coordination: Under this task, Redwing will coordinate with the USACE regarding their review and approval of the project, and with the City regarding the results of the delineation and its impacts on overall park development plans. We have budgeted two hours for one meeting and/or coordination with project personnel. DELIVERABLES The deliverable in this proposal will be a Delineation Report, submitted for USACE review and approval. SCHEDULE We can complete the field assessment within two weeks of our receipt and acceptance of your authorization to proceed. The Delineation Report can be provided within two weeks of the completion of the field assessment. We can schedule a meeting to discuss permitting options at your convenience. COSTS The cost of these proposed services is $2,200, which includes: • $1,100 for the field assessment • $ 900 for delineation report and map preparation • $ 200 for meetings /coordination Any additional services will be performed as discrete lump sum change orders, following specific written authorization by the City. Additional services could include a coordination of USACE site visits or preparation of permit application packages for the USAGE and /or IDEM. AUTHORIZATION AND CONTRACTUAL CONDITIONS These Proposed Services will be provided on a lump sum basis. The City 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. 3 2013 0 2 3 1, 1 Proposal for Water/Wetland Delineation Services Redwing Proposal June June 1 2 0 1 3 Allison Brook Park 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 Laura Darnell at (502) 625 -3009 with any questions regarding this proposal or the overall project. Sincerely, a.r4v,A r rar Laura A. Darnell Ronald L. Thomas Project Biologist Principal Senior Ecologist File: 13-072 AIIisonBrookPark- DelineationPrp Attachment: Professional Services Agreement 4 won PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Allison Brook Park — Water/Wetland Delineation Services PROPOSAL NUMBER: Redwing Proposal 13 -072 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 CLIENTS 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 furnish CLIENT the agreed upon number of written reports and supporting documents. These are provided for CLIENT's exclusive internal use and reliance, use of CLIENT's counsel, use of CLIENT's 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 perrnission 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 governed 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 tem 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 not 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): Andy Crouch, PE City Engineer Signature: Date: 7 3 3 t''