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HomeMy WebLinkAboutWetland Deterination/ Bates Soil & Water Aw 'W"ATER TES-11 -LLC-,* Pro' Det "'rmtn o. A , Q 0" "D 0 on . . 0 at Pro. sed Trans, � z City of t]shk h, Winnebago County To; ; it �Of -thk s ra _ 1 7GC1UNTRY PEST CIRCLE HORTONVILL>E j WI 54944 , -JOIL &' W, , '[ ERVICES , 11C_ August 1I 206,.. Allen.Aavis . _ - Cnrrimunity Development Director City of Oshkosh. 216Church avenue' 611'sh;1111L 54903 Re:, Foposal for 1Ntland.deterrrtination & ollrteatlon Ski vices l roposesd Transloa4 Facility City of Oshkosh, W�nriebaga ,E;ounty, Wicartsin : Dear Allyn, - _ Phase find onelosed A proposal for a 1Netland Determinat op & R llnoat an of:the Proposed Trarisload Facllity:showri on the;enclosed map ;Rates So11,&I/Vatei Testing 5e vic&, ,L.0 appreciates the opportunity to;su�mlt:a,promsal f6ira11Vetland Determination and.Dellneatbb If the term's and oondtloiis are acceptable, please rotQrn one. xe.cu'ed dopy tp my Office.- if yop:have,eny guestions.concet6ihcI this' ropos t o�scope of work,please:contact meat 920-779,000Q.or 920=470-5313; Yours t(uly, gates Soil,&Vii ter Testfng Seru�ces, L.L.C. gran )� Estes, PSS,"CST ' Licensed professional So�1 ��ciontlst(Hydrogeol.:agisf.� VVIR.I'rc fessloh'40.Assured Wetiand De-111'ator NI: C;OL iNltw( C-RESTURCLE HORTt NV1LLE, W1;i 4S4 . .0S© 779 0QQ© i 7 :s .- � .�:.-� _� tip•; -�-� � '� �._, h a-:-e� � IW " -a'F+�,i��,�t� -'�Tn..•a,:. r- `�> s`� it rn, v � I s e. Ac� a�, t�:V A.. OS" XOSH. Ml�-L 34 F1i39 ' PLAN. TERdC1NALd PORI' ACY-13 �` if^� TRANSCOAb YEA41Nal _ $NOAH METHODOLOGY The initial steps for the Area of Interest (AQI)evaluation will incldde the following reviews, • Natural Resources Conservation Service_Hydric Sail List • Wisconsin Department of Natural Resources Wetland Inventory Map Preliminary Reconnaissance Survey + National Wetland Inventory Map- County Soil Survey The reviewed resources provide information on whether wetlands have been previously identified within tf a.A01 or have a Nigher probability df wetlands occurring. Wetland area .or areas With wetland potential within the AOI will then be field investigated to make 'on-slte determinations and. Where necessary, complete delinea#loris of the uppermost wetland boundary. The wetland determinations ,and delineations will be completed using the criteria and :methods outlined in. the Regional Supplement to :the Corps of Engineers wetland Delineation Manual: Northeac#1_Northcentral, Region.. This supplement three-criterion investigation method which examines for indicators' of hydrophytte vegetat.lon, hydric. soils Arid wetland hydrology. Soil morphology, the field observable attributes of !he soil in various horizons or arrangements, based ori vertical exposure at each samplin' oint to a minimum depth of 24" below- grade_ (unless otherwise noted), will be documented on the North east/Northcentra I Data Forms. Soil profiles will be evaluated:through the construction of backhoe pits or hand auger borings. Backhoe pits are the preferred method of sai.I`evaluatlon since they provid' clear picturo of the soil profile over a large area, unlike small auger holes,_ push probes or hand dug holes. The use of a backhoe is the only option fDr deeply filled sites or sites that contain large coarse,fragments such as concrete, blacktop or bricks. Soil profiles will be compared to the Field Indicators of Hydric Soils in the United::States�-A guide for Identifying and Delineating Hydric Soils, Version 7, and the July 2011 and March 2013 supplemental revisions. Hydrology is the most variable of all``three criteria. It is highly influenced by short and long-term precipitation,�soll properties and the drainag0 cateha -of thesmall:watersheds typically evaluated. Hydrology follows three pathways from :the time it':'drops:onto the soil.-surrke to .the time :it becomes stre rn floW., The first pathway:is ;overland fiQv�t W here Water flows on the soil surface: The second pathway is °.through flow; Which is lateral flew through-the, soiIs.dpe, geri.erally paraNl".to the soil surlabe. The final flow path is groundwater flow which is -generally dee g y p (except in rriast w'etlarrd areas); saturated, 'subsurface flow, Verification of Hydrology for this study will be based on the primary and secondary hydrology indicators listed in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northeast/North-central Region. Unlikesoils or vegetation,.hydrology indicators are not always associated with a specific sample point or area. If a.hydrology indlcator is found. near'a sampling point,. iri an area that has ;similar landscape arrangement, vegetation and soils, any evidence 'of hydrology will be noted on :the Northeast/Nortlicentrol RegionWetland Determination Data Forms. The.wetland boundaries will be marked with pink flagging tape or pink wire flags.. The sampling plots will be field marked with numbered hardwood stakes. Wetland boundary information provided. within` the Wetland. Determination & Delineatlort Report will be prepared by an engineering/surveying firm chosen by the property'owner or authorized agent. Wetland Delineation Services Will be :provided. by Brian Bates and Tom Neitzel, both- Licensed Professional Soil Scientists in the State of Wisconsin. Bates Soil & Water Testing Services, LLC Will.indlude within our report a discussion of our findings and site layout maps documenting any Wetland. bouhd,aries. Upon receiving.copies of the wetland boundary survey.maps from the:client's surveyor of choice, the final report will be completed. Once pomple#e, copies wifi be provided to the Client, the.U.& Army:Corps of Engineers and the 1sconsin Department of Natural Resources. The U.S. Army Corps of Englneers will be asked to provide conourre.nce an the wetland:dellneation. Costs.associated with surveying, the wetland boundaries::and sampling.plots-are. not included In this proposal. If the, i-egolatory agencies do not agree with the rhapped wetland boundaries, some areas may need to be resurveyed (extremely unlikely), Costs associated with resurveying any wetland boundaries are not included in this proposal. Brian Bates is a WDNR Assured Wetland. Dolineator. Wetland Determinations acid Delineations :con du.cted by Mr. Bates do not require concurrence from the WDNR. Benefits of hiring a WDNR Assured Wetland,DI Ii eatar for this project include: Elimination of o 60 Day WDNR::caricurre.nceJoview period. No`WbNR Review Fees. Client cost savings of'$30Q,00. High level of oonfide'nce of wetland boundaryaccuracy for,planning purposes. PROJECT COST SUMMARY WOVAind D ike rn nation & Dell lneation;....... $$,300.00 Lump Sum AGREEMENT FOR WETLAND DETERMINATION & DELINEATION SERVICES This is an agreement.by.and. between Bates Soil &Water Testing Services, LLC. (Consultant), a Wisconsin Limited Liability Corporation, having its place of business.located at N1237 Country Crest Circle, Hortonville, Wisconsin, and the City of Oshkosh (Client). 1. Scope of Work The Consultant shall provide professional services for the Client, directly,or indirectly, as indicated in the attached letter proposal. ,4ny changes or additions to the Scope of Services shall be made by written agreement between the Consultant and Client 2. Terms of Agreement. This agreement shall .commence upon execution.and shall.rdmain in effect until terminated by either party, as such party's discretion, or not less than 10 days,advance.written notice. If the Consulfant terminates the agreement, the-.Ghent may, at its:optlon, extend the terms of this. agmementto the extent necessary for the Consultant to complete any Services which were ordered prior to the effective termination If the Client term in ates`this agreerhent; the Client shall pay the Consultant for.all services;done prior to the Consultant"s receipt of the notice of terniinatian and for:all work done and/or expenses-incurred by the Consultant in terminating Services begun after the notice has been received. Termination heret�rader shall operate to discharge only those obligations which are executor by either party;.on and after the effective date of termination. Any right (Including; but not limited to, indemnliy) or duty of a party;based on either performance or a breach of this agreement, priortdthe.effective d6te of termiriatlon, shall survive. 3. Fees for Services The Client agrees to pay the Consultant for services;performed:by the.Consultant. Fees for Services performed (ander the Sebpe of-Services will be.charged at$0;300.00 Lump Sum. In no instance,shall the Consultant exceed the Cost estimate or the Scope of Services without the Client's written consent and approval for Services performed directly by the Consultant. The: Consultant will submit invoices to the Client rmontnly or 6- complet�on:of:specific services. As the project progresses, facts may be uncovered fhat reveal a.change in direction, which may alter the proposed scope of services . The C©nsuitant will notify the Client In writing of such situatlarts so that changes in this agreement.can be negotlated'if required. 4. Warranty of Consultant The Consultant warrants to the Client that they will apply present'prof e5sianal scientific fudgmerit, and use a level of'effQrt consistont with current professional standaros in thesame or. similar locality:undersimilar.circumstances irk performing the services. The'Client acknowledges that (1) "current professional stand,afds"sha.11:`mean the Standard for professior)al servicosE ImbasUred as of the time those,servrces'a' rendered, and not according to Iater standards; if such late_ r standards purport to impose a;different degreeO'bare upon the Cot sultant; 5. Regulatory Compliance The Consultant shall:assume responsibility for performing its Services under this agreement in accordance.with.iaws and regulations in effect at the time of execution of this agreement.. G. Indemnification The Client agrees to hold harmless, indemnify and defend the Consultant from and against any and all claims, losses, damages,'llability and costs, including but not.limited.to the.costs of defense, arising out of, or in anyway connected with. (1)the acts, omissions or work,of the Client, except for such liability as may arise out of the Consultant's own negligence or willful misconduct in the performance of Services under this agreement. 7. Confident ality The Consultant shall.hold'all such data, reports,and other information in confidence for the aforementioned, except far documents requiring.review by the.Wisconsin Department of:Natural Resources or U.S,Army Corps.of Engineers. B. Force Majeure Neither party shall be deemed in default for the agreement nor any.work order hereunder to.the extent#hat any delay or foliate in the performance of its obligatiprs:(other than the payment,of money) or results, without its fault or negligence,:from,ah .cruse beyond its reasonable control, Including, without ljririfatron, acts of God, acts of ciuil or military authority,'embargoes, epidemics, wae, riots, insurrections, fires, explosiiions, earthquakes, flodds, adverse weather conditions, strikes, or lock-outs: 9. Dove'thing taw This agreemerft shall be governed by and interpreted pursu4ht to the laws of the;:State of Wisconsin. Unless prohibited.bylaw, any judicial action attest this agreement shalt be filed and venue in thO Clrcult.Gourt for-Winnebago County, UViscansin: 10. SIte Information The Client shall assist;the Consultant by placing at the Consultant's disposal all available documents,and information pertinent'to the services that are availal ie.to the client. 71. -light-Of-Entry The.'Client will furnish right-wof-entry for the Consultant and employees to such property as may be necessary for the Consultant to pert t the mConsultantSt Will take reasonable precautions to,minimize da rn'age:#o the`property caused by the,Corsultart's equipment; bufhas not included in the Cohgultaht's Services the cost-of restoration.of damage which. may result from,the.Consultant's opeOiU66s, ,If the Giient regUlres`the Consultant W.restoretproperty to Its-former cornditions; file costs:associa#ed with reetorafion will be:aclded#Q the.Cbnsuita*'fee. • 5 1 . 12. Entire Agreement,Survival or Terms The terms and conditions set forth herein donstitute.the entire:understanding of the parties relating to the provlslon of Services by tlie;Cprisultant ani the Client a6d supersede any prior contact, arrangement or, vq!� ,order.betWpen the parties and represent their complete agreement, No alterations,to;tfrfiodif a ian of,."the terms and conditions of this agreement shall be effective unless such alteratloh-s &modification is reduced to.Writing'and properly .executed by the parties hereto. These terms and conditions,shall survive the completion of the.Services under this:agreement arid.the termination of this agreement for any cause: IN WITNESS WHEREOF',.the parties hereto have executed this agreement: By: Brian D. Batas` Bates Soil&.Water Testing Services, LLC' Date: i ,Ma,rk fkOMOW, G'4-1 Moana r City.of, Oshkosh Date: g 15 APP VED: ' -13Attorn6y Pamela lJbrig, City C erk By:U Trena rs n, finance Director