CCR2012062-AttachmentHabitat Development Agreement Page 1
Contracting Document Number:
This agreement between City of Muskego, (Cooperator(s))
and the U.S. Fish and Wildlife Service (Service) is authorized by the Fish and Wildlife Coordination Act, 16
U.S.C. Sections 661-666c and the Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j, and the Partners for Fish and
Wildlife Act (Pub.L. 109-294).
The Service and the Cooperator(s) agree to carry out certain wildlife management practices and habitat
developments on land owned by the Cooperator(s) as described in the Project Plan and identified on the attached
map and/or aerial photograph.
The Cooperator(s) agrees to join as a participant in a wildlife habitat development program and grants to the
Service the authority to carry out wildlife habitat developments, or agrees to personally carry out wildlife habitat
development and management activities with financial or material support, as described in the Project Plan. Any
supplies, equipment or direct payment from the Service to the Cooperator(s) for carrying out the wildlife habitat
developments are also listed in the Project Plan.
The Cooperator(s) further agrees:
1. To assume responsibility for securing federal, state and local permits needed to carry out the proposed
habitat development project.
2. To allow the wildlife habitat development project described in the Project Plan to remain in place for a
period of 10 years (period of performance) from the date of the Cooperator’s signature on this
Agreement.
3. To allow the Service or its representatives reasonable access to the described property for the period of
this Agreement in order to complete the agreed upon habitat development project and to make periodic
inspections of the habitat development for program monitoring purposes.
4. To notify the Service in writing at least 30 days before closing of any planned sale or other change in the
ownership of the described property.
5. To complete all cooperator(s) responsibilities as listed in Section 3 of the Project Plan.
6. To allow for sharing of spatial information about this project solely with conservation cooperators
providing technical or financial assistance with the restoration, enhancement or management of fish and
wildlife habitat.
U.S. Fish & Wildlife Service
PARTNERS FOR FISH AND WILDLIFE
HABITAT DEVELOPMENT AGREEMENT
Habitat Development Agreement Page 2
If this box is checked the following four clauses apply:
A. The cooperator agrees to complete payment in full to any contractor(s) and/or vendor(s) for agreed
upon services and/or materials related to the project, once the project has been finished and approved
by the Service or its representative.
B. The cooperator agrees to provide to the Service copies of all bids, invoices and receipts associated
with the project.
C. The funding period for completing all restoration practices and submitting all invoices for payments
to the Service for this project may not exceed two years from Award Letter date without modification
of this contract.
D. Upon satisfactory completion of the project, and sufficient documentation of project(s) expenses
incurred by the cooperator(s), the Service will reimburse the cooperator(s) for documented expenses
not to exceed $ 9500.
The Service assumes no authority over the described property for purposes of controlling trespass, for controlling
noxious weeds, for identifying or removing pre-existing hazards including waste materials, for granting rights of
way, or for any other incidents of ownership. The Service also assumes no liability for property damage or
injuries to people not caused by its own negligence, and any claims shall be processed in accordance with the
Federal Tort Claims Act. The Cooperator(s) shall own all of the completed or installed developments and shall be
solely responsible for paying all taxes and assessments on the described property.
A fiscal year appropriation may be obligated only to meet a legitimate, or bona fide, need arising in, or in some
cases arising prior to, but continuing to exist in, the fiscal year for which the appropriation was made. The
project defined in the following Project Plan, clearly describes a bona fide need of the Service’s mission.
Completion of this work may extend beyond the typical fiscal year limitations, and/or beyond the original funding
period due to unforeseen weather and environmental conditions, which is therefore considered a bona fide need.
This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by
either party upon 30 days advance written notice to the other party. However, if the Cooperator(s) terminates the
Agreement before its expiration, or if the Cooperator(s) should fail to maintain the habitat development(s) for the
length of the agreement, then the Cooperator(s) agrees to reimburse the Service and contributing partners, prior to
final termination for the pro-rated costs of all habitat development projects placed on the described land through
this Agreement. For these purposes, the total cost of the development projects to the United States and
contributing partners, excluding Cooperator(s), are agreed to be $ 9,500.00 .
Habitat Development Agreement Page 3
PROJECT PLAN HabITS Project #: 32720-C-J066
1. Landowner Information:
Name: City of Muskego
Address: P.O. Box 749
City: Muskego State: WI Zip code: 53150
Telephone Number(s): home 262-679-5617 cell
E-mail: tzagar@ci.muskego.wi.us
2. Description of land:
County: Waukesha Township name: Muskego Township: 5N Range: 20E Section(s) 7-8
State: WI UTM N: 4751523 UTM E: 404856 Zone: 16N Datum: NAD83
(optional) Latitude: Longitude:
Attach maps and aerial photograph
Project Type: Wetland acres: 14.00 Grassland acres: Riparian Corridor feet/miles:
Instream/Fish Passage feet/miles: Sensitive and/or rate habitat acres:
Other habitat acres/units (describe):
3. Description of Habitat Development or Design: (see attached maps and drawings)
The project consists of:
Restoring wetland hydrology by creating scrapes to fill ditches.
The Service will:
Provide cost share as in the table below. Cost share represents maximum contribution from the Service
The Cooperator(s) will:
Hire a contractor to complete construction of plan as designed.
4. Description of Habitat Management Goals and Objectives for the Project:
The purpose of the project is to:
Improve habitat in the area for mallards, blue-winged teal, wood ducks, sandhill cranes, greater yellowlegs, northern pintail, and
American bittern.
Habitat Development Agreement Page 4
5. Partners cost share funds/in-kind services:
Partner Equipment/
Materials Funds Inkind Services Total Cost (est.) Total Cost
(actual*)
Cooperator(s) $ 7,000.00 $ $ 7,000.00 $
PARTNERS
USFWS 500 $ 9,000.00 $ $ 9,500.00 $
$ $ $ 0.00 $
$ $ $ 0.00 $
$ $ $ 0.00 $
$ $ $ 0.00 $
$ $ $ 0.00 $
PARTNER(S) SUBTOTAL 9,500.00
Total 500.00 $ 16,000.00 $ 0.00 $ 16,500.00 $
*Actual cost will be recorded after the project is completed.
If there are any questions regarding the Habitat Development Agreement or Project Plan, please contact the:
U.S. Fish and Wildlife Service
Name: Ben Axt
Station: Wisconsin Private Lands Office
Address: 4511 Helegesen Drive Madison, WI 53718
Phone: 608-221-1206 x13
E-mail: ben_axt@fws.gov
I (we) agree to the conditions set forth in the Habitat
Development Agreement and Project Plan.
COOPERATOR(S)
Signature Project Manager
City of Muskego Ben Axt
Printed Name Printed Name
Signature Date
Printed Name
Date
U.S. FISH & WILDLIFE SERVICE
Project Design
Agent:USFWS Phone:608-221-1206
Owner:City of Muskego County:Waukesha T5N R20E
Address:Sec 7-8
Phone:414-587-1240 Township:City of Muskego
** NOTICE TO LANDOWNERS AND CONTRACTORS REGARDING UTILITIES **
No representation is made by the U.S. Fish and Wildlife Service or its agent as to the
existence or nonexistence of underground hazards. Prior to the start of construction the
owners of utilities must be notified of the pendinig construction. You will be liable for
Damages resulting from construction activities.
Call Diggers Hotline
CONSTRUCTION DRAWINGS AND SPECIFICATIONS ACCEPTANCE:
I have reviewed and do accept the attached plans. I agree to have this project
constructed in accordance with these plans and to notify all affected utility companies.
I agree that any changes made during constuction will be pre-approved by an authorized
U.S. Fish and Wildlife Service agent.
Signed:Date:
Designed by:Ben Axt Date:5/7/2012
Plan View
Ditch plug Wetland Name or No.D1
Owner:City of Muskego Designer:Ben Axt
Profile
Length of Fill 800 ft
Cross Section
Width 20 ft
Overbuild by
1.3 ft
Depth
4.3 ft Existing Ground
Strip Existing Vegetation
Fill in ditch plug =2548 cuyds
1. Strip all sod form ditch bed and side slopes under fill zone. Excavate side slope as shown.
2. Place fill in 8" lifts traversing the entire fill with construction equipment before placing next lift.
3. Borrow the fill Material from adjoining area after removing existing vegetation.
4. Seed disturbed area with seed mixture (FWS responsibility).
Ditch plug Wetland Name or No.D2
Owner:City of Muskego Designer:Ben Axt
Profile
Length of Fill 700 ft
Cross Section
Width 15 ft
Overbuild by
1 ft
Depth
4 ft Existing Ground
Strip Existing Vegetation
Fill in ditch plug =1556 cuyds
1. Strip all sod form ditch bed and side slopes under fill zone. Excavate side slope as shown.
2. Place fill in 8" lifts traversing the entire fill with construction equipment before placing next lift.
3. Borrow the fill Material from adjoining area after removing existing vegetation.
4. Seed disturbed area with seed mixture (FWS responsibility).
Ditch plug Wetland Name or No.D3
Owner:City of Muskego Designer:Ben Axt
Profile
Length of Fill 750 ft
Cross Section
Width 15 ft
Overbuild by
0.7 ft
Depth
3 ft Existing Ground
Strip Existing Vegetation
Fill in ditch plug =1250 cuyds
1. Strip all sod form ditch bed and side slopes under fill zone. Excavate side slope as shown.
2. Place fill in 8" lifts traversing the entire fill with construction equipment before placing next lift.
3. Borrow the fill Material from adjoining area after removing existing vegetation.
4. Seed disturbed area with seed mixture (FWS responsibility).
Wetland Scrape Wetland Name or No.S1 to S6
Owner:City of Muskego Designer:Ben Axt
Construct scrapes as indicated in Plan View.
Typical Section View
100 Existing ground varies
8:1 or flatter
Finished grade 98 varies
Scrape Data
Depth Size, sqft
S1 18"20,000
S2 18"15,000
S3 18"15,000
S4 18"15,000
S5 18"20,000
S6 18"20,000
1. Excavate to a depth of 12-24" in middle
2. Side slopes shall 8:1 or flatter
3. Size should be approximately 4,000-20,000 sqft
4. Spoil to be used as fill for ditches