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Signed Contracts_Helms and Associates for Purina Drive Barge Docking Facility RepairMasterpiece on the Mississippi Dubuque 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM Don Vogt, Public Works Director SUBJECT: Supplementary Service Agreement for the Purina Drive Barge Docking Facility Repair Project (CIP #6802479) DATE: September 3, 2013 INTRODUCTION The purposes of this memorandum are to provide information and recommend your signature on the attached service agreements. BACKGROUND The attached memorandum from Street and Sewer Maintenance Supervisor John Klostermann notes that the City is required by the U.S. Army Corps of Engineers to hire an expert firm to survey and relocate any mussels in the close proximity of the Purina Drive barge dock. To that end, the project's engineering firm, IIW Engineering and Surveyors PC, solicited proposals from qualified macalogical consultants. DISCUSSION Two proposals were subsequently received. While the Bellevue's firm's proposed cost is $2,571 higher than that of the Missouri firm, John is recommending that Helms and Associates be hired for the following reasons: its familiarity with the Peosta Channel, having already conducted three other mussel surveys there, and, its close proximity to the work site and related commitment to respond on short notice upon initiation of the project this month. ACTION STEP concur with John's recommendation and request that you sign the attached contracts. Attachments Masterpiece on the Mississippi TO: Don Vogt, Public Works Director Dubuque Au- AmericaCiry '1111' 2007 • 2012 •2013 FROM: John Klostermann, Street/Sewer Maintenance Supervisor SUBJECT: Helms Investigation and Relocation of Freshwater Mussels Agreement Purina Drive Barge Docking Facility Repair Project — CIP# 6802479 DATE: August 30, 2013 Introduction The purpose of this memorandum is to recommend that we enter into an agreement with Helms and Associates for an investigation and relocation of freshwater mussels in the area of the Purina Drive Barge Docking Facility Repair Project. Background In the fiscal year 2014 Capital Improvement Project budget, funds ($670,577) are allotted for the repair of the Purina Drive barge docking facility. Engineering plans and specifications for this project were prepared by IIW Engineering & Surveyors, P.C. and at its August 19th City Council meeting they awarded the construction contract to Newt Marine. Discussion The Corps of Engineers have reviewed the repair plans for the Purina Drive Barge Docking Facility Repair Project and have determined the project is covered under Nationwide Permits Number 3 as published in the Federal Register (77 FR 10184). The special conditions of the permit requires the City to conduct a mussel investigation /relocation by a qualified malacologist, within a zone of 10 feet outside of the existing dock structure and less than two weeks prior to the start of construction. It is also required that a report of findings from the mussel investigation /relocation shall be provided to the U.S. Fish and Wildlife Service, the Corps of Engineers and to the Iowa Department of National Resources. Proposals were developed and received by IIW Engineers for this project. Listed below are the two proposal costs. Ecological Specialists, Inc. O'Fallon. Missouri $12,429.00 Helms and Associates Bellevue, Iowa $15,000 I am recommending that we enter into an agreement with Helms and Associates due to their familiarity with the area, (three completed mussel surveys in this area of Peosta Channel), and reduced mobilization time for project scheduling. For this project it is important that the contractor is able to mobilize on a short notice due to the use of the dock for unloading salt barges, the requirement to complete the investigation /relocation before the water temperature falls below 50 degrees F, and complete the survey within a two week time period of the start of the project. Helms and Associates have indicated that they would be able to meet all of these project requirements. The City Attorney has reviewed and approved the attached agreement. I am also recommending that the services provided by Helms and Associates under this agreement be charged to the Purina Drive Barge Docking Facility Repair Project — CIP# 6802479. For your information I have listed below the engineering and environmental related costs to date for the dock project as they compare to the estimated engineering related costs for the project. Engineering and Environmental Services Design Costs Administration and Engineering Review Testing and Inspection Investigation and relocation of freshwater mussels Total Engineering Costs Project Engineering Budget $51,040.00 $10,300.00 $25,710.00 (EST.) $15,000.00 $102,050.00 $85,746.00 As provided for in the lease agreement, all additional funds necessary to complete this project over the total project budget of $670,577 will be covered by Galion Grain LLC Action Required I am requesting that you review the attached proposal and recommend it to the City Manager for his approval. 2 Masterpiece on the Mississippi Dubuque 2007 • 2012 • 2013 City of Dubuque - Contract for Public Works Department 925 Kerper Court Dubuque, IA 52001 -2405 Office (563) 589 -4250 Fax (563) 589 -4252 www.cityofdubuque.org Investigation and Relocation of Freshwater Mussels Upper Mississippi River Purina Drive Barge Dock Site IIW, P.C. Project No. 11232 -02 This contract made in triplicate, dated for reference purposes August , 2013, is made and entered into by and between the City of Dubuque, Iowa, herein referred to as the City, and Helms & Associates, herein referred to as the Contractor. IIW P.C., herein referred to as Engineer, shall be considered an agent of the City. WITNESSESTH The Contractor agrees to the following scope of work, which includes the technical approach, technical report, schedule, and timetable, and permits required as specified by the City, Corps of Engineers, Iowa Department of Natural Resources and U.S. Fish and Wildlife Service. SECTION 1. TECHNICAL APPROACH 1.1 The Contractor will complete the work described in its proposal #1322 dated July 24, 2013 which is included herein by reference and shall apply to this agreement except as specifically modified herein. The Contractor will conduct a site investigation to determine presence of mussels at the Port of Dubuque - Peosta Channel River Barge Dock Site, adjacent to the Mississippi River right bank, in Dubuque County, Iowa. Of particular significance is the presence /absence of the commercial mussel species including washboard (Megalonaias nervosa), threeridge (Amblema p. plecata) mapleleaf (Quadrula quadrula) and other commercially valuable mussels. 082113ba1 1.2 Also special attention will be given to the federally endangered Lampsilis higginsi known to occur within this reach of the Mississippi River and all State threatened and endangered species (T & E species). All mussels encountered shall be relocated to an area with suitable characteristics outside of the investigation limits. 1.3 The proposed investigation /relocation limits include the area within ten (10) feet of the existing steel sheet pile dock faces immediately adjacent to the right bank in the vicinity of Mississippi river mile 580.5. (1) Contractor warrants that all activities described herein are allowed by law, including but not limited to the Endangered Species Act. (2) Contractor warrants that all applicable permits and authorizations required of Contractor and the project described herein have been issued, are valid and will remain valid through the term of this contract. (3) Contractor warrants it will conduct all activities hereunder pursuant to all applicable permits, authorizations, and local, state and federal laws, regulations and rules. (4) Contractor warrants that it will provide all notices and /or reports required by permit, authorization, or law for the project described herein on behalf of the City. SECTION 2. MUSSEL RELOCATION PROTOCOL 2.1 This mussel relocation effort will be concentrated within a 10 foot wide band adjoining the face of the existing dock wall. Mussels will be hand - collected by divers as they traverse along the wall. Subsequent passes farther from the wall will be guided by a weighted rope. Quality control will include re- examination of representative areas and /or substrate sampling. 2.2 Work will be performed in accordance with specifications described in the Contractor's endangered species /collecting permits (US FWS - #PRT- 839777 and IA DNR Permit - #SC -57). All mussels collected will be identified and marked so as to separate them from specimens collected during future release site monitoring efforts should monitoring be required. Threatened and endangered species will be uniquely marked, measured for length and width, sexed, aged, and photographed. 2.3 Mussels will be handled in a manner acceptable to the City, Corps of Engineers, Iowa DNR and U.S. Fish and Wildlife Service and will include the following guidelines for handling the endangered Lampsilis higginsi. Page 2 of 17 SECTION 3. HANDLING GUIDELINES 3.1 Work will not be conducted when air temperatures are at or below 32 degrees Fahrenheit, nor when water temperatures are at or below 40 degrees Fahrenheit. 3.2 Returned specimens of Lampsilis higginsi and all State T & E species will be hand placed into the substrate in a natural position (posterior end protruding above the bottom and pointing upstream). Due to recent developments with the jeopardy opinion of L. higginsi Federal Permits may be amended to allow the collection L. higginsi for removal from Mississippi River waters and re- located them to locations free from zebra mussels. If federal permits allow the removal of L. higgisii then individuals may be given to State or Federal agents for the relocation process. 3.3 Specimens will be held in mesh bags suspended in the water or held in containers of water that is changed every hour (every half hour when air temperatures are at or above 87 degrees Fahrenheit) and replaced with water freshly taken where the mussels were collected. 3.4 Specimens will be relocated unharmed within two hours following collection to locations acceptable to regulatory agencies with jurisdiction. 3.5 Live specimens that cannot be identified at the site will be photographed for identification purposes and relocated to the placement site. 3.6 All live specimens of T & E species and washboard mussels (Megalonaias nervosa) and threeridge (Amblema plicate) taken will be measured (length and height) and, if possible, sexed and aged. No Intrusive examinations are permitted. 3.7 Freshly dead or accidentally killed specimens will be preserved according to standard museum practices for fleshy tissue preservation, properly identified or indexed. Old dead shells may be retained without preservation. All dead specimens kept for reference species will be identified and given to the Iowa DNR to be housed at the Guttenberg Fish Management Station. 3.8 If an endangered species is encountered during sorting, it will be processed immediately and relocated to the placement site. By giving priority to endangered species as they are encountered, they should not be in captivity for more than 30 minutes. Page 3 of 17 SECTION 4. PLACEMENT SITE SELECTION. The anticipated release site is located approximately 1200 feet (400 meters) upstream of the dock site from which mussels are collected, subject to regulatory approval. SECTION 5. TEAM PERSONNEL 5.1 Licensed Malacologist - A qualified, experienced, and licensed Malacologist is required for this study, will serve as field supervisor and will be present at all times during field collection and placement activities in order to properly direct and control the handling of mussels. 5.2 Dive Team - The dive team which will consist of certified divers and include a diver, a relief / safety diver and a dive supervisor. The dive team needs to be experienced in mussel investigation and relocation activities and knowledgeable of the safe handling of live mussel specimens and diver certification required. All members of the dive team should be certified in CPR and First Aid training. 5.3 Support Personnel - Properly trained and experienced support personnel will be present to conduct all other necessary activities under the direct supervision of the on site Malacologist as needed. SECTION 6. PERMITS. An Iowa DNR scientific collecting permit and a federal endangered species permit are required. SECTION 7. FINAL REPORT. 7.1 A computer generated job completion report will include a cover page with title, table of contents, list of tables and figures, introduction and site description (including detailed river maps of sampling sites), methodology, a description of all tasks completed, problems encountered and pertinent observations. Results will include a listing of all species encountered, numbers encountered and percent relative abundance. A cumulative numbers versus species curve will be developed to show probability of having collected all species present in the area. Size frequency histograms will be reported on washboard, three -ridge and other commonly collected species. Discussion will address such issues as species composition and relative abundance; cumulative species curve results; endangered species encountered; and probability of additional endangered species at the site; mussel age; recruitment issues and exotic species presence. Page 4 of 17 7.2 For standardization purposes, the relative abundance table will list in order the common name, scientific name, number encountered and relative percent. Throughout the report, use of common name of species is acceptable and preferred. Cumulative species curves will list the cumulative species on the Y -axis and cumulative numbers of individuals sampled on the X -axis. Both real number and logarithmic scales may be necessary to document sample coverage. Size frequency histograms or distributions will be reported with the numbers of mussels on the Y -axis and the mussel length on the X -axis. All lengths will be taken in millimeters. A separate histogram is needed for each species reported. Copies of all original field data sheets will be presented as an appendix in the final report as well as photos of State and Federal special concern threatened and endangered species encountered. Other photographs would be helpful to document location, procedures and substrate types. Field data sheets must contain information such as location, location utm's, replicate number, species, size of live mussels, depth, substrate type, and general comments by diver or crew. 7.3 One draft of the report will be presented for review and approval to: Richard Nelson, Field Supervisor US Fish & Wildlife Service Rock Island Office 1511 47th Avenue Moline, IL 61265 Phone: 309 - 757 -5800 ext. 201 Richard C Nelson c( .,fws.gov U.S. Fish & Wildlife Service Office of Endangered Species 1 Federal Drive BHW Federal Building Fort Snelling, MN 55111 Phone: 612 -713 -5130 Fax: 612- 713 -5290 Scott Gritters Iowa DNR Mississippi River Fisheries 24143 Highway 52 Bellevue, IA 52031 Phone: 563- 872 -4976 Scott. ritters Rdnr.iowa.gov Christine Schwake Iowa DNR Water Quality Section Wallace State Office Building 900 East Grand Avenue Des Moines, IA 50319 -0034 Phone: 515 -281 -6615 christine.schwakec dnr.iowa.gov which will be followed by five (5) copies of the final report. In accordance with collecting permit requirements, additional copies of the approved final report will be distributed to the US Fish & Wildlife Service (Rock Island), US Fish & Wildlife Service Endangered Species (Fort Snelling), Iowa DNR Mississippi River Fisheries (Bellevue), Iowa DNR Water Control Section (Des Moines). See address information above. Page 5 of 17 SECTION 8. SCHEDULE COMPLETION DATE. It is anticipated that mussel sampling will take approximately two (2) days and should be completed on or before October 15, 2013. A draft report will be available for review within two weeks following completion of field collections. The exact timing of the field work shall be coordinated with the City and the Engineer. The Engineer shall be notified immediately upon completion of field work for the purpose of coordinating start of dock construction work within the required time period established by governing regulatory authorities. SECTION 9. OTHER PROVISIONS. 9.1 The term of this contract is from September 1, 2013 to October 31, 2013. The contract may be extended, with mutual consent of both parties. The extension provision may be granted in case of high water flows or inclement weather but will not be extended past December 1, 2013. 9.2 The Contractor shall be responsible for providing and maintaining a safe diving perimeter in the diving vicinity. 9.3 The Contractor shall at all times while carrying out this Contract comply with all state laws and rules and regulations established by the City, Corps of Engineers, Iowa DNR and other state and federal agencies. 9.4 The City may upon oral notice in its discretion, amend or terminate this Contract or enter into other Contracts with other persons to work on the water described herein whenever it appears to the City that the purposes of this Contract are not being fulfilled. The City expects the field work to be completed by October 15, 2013 unless the City grants an extension. 9.5 The Contractor shall be required to notify the City or its agents at least twenty - four (24) hours before any mussel operations are commenced, at which time the City or its agents may exclude those areas or times where conflict with commercial or recreational navigation is probable. The City reserves the right to cease mussel operations in the specified areas if operations prove destructive to mussel beds or for any other valid reason. 9.6 The City or its agents reserve the right to sample the Contractor's catch for the purposes of collecting any biological information and retains the right to keep any species collected by the Contractor. The City or its agents may board and ride boats and vehicles of the Contractor at any time during the work. Page 6 of 17 9.7 All mussels of any kind or variety shall be returned alive and unharmed to the waters at the placement site in accordance with procedures outlined in Section A. Common mussel species that are collected will be relocated to the approved placement site, a suitable mussel bed agreed upon between the Contractor and the City. 9.8 The Contractor will be held responsible for the value, of $3.00 per pound (approximate value for commercial shells) for all mussels species killed or harmed in accordance with this Contract due to a lack of proper care or negligence on the part of the Contractor and determined by the City or its agents. Such lack of proper care and resulting damage shall constitute nonperformance of the Contract and the value of the mussels destroyed shall become due and payable to the City. 9.9 The Contractor shall keep such written record of his /her operation hereunder as is required by the City. 9.10 The Contractor shall furnish full workers' and unemployment compensation coverage for all of its employees and shall comply with all applicable laws and regulations including payment of taxes and social security benefits. 9.11 The Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, sex, sexual orientation, gender preference, color, handicap, physical condition, developmental disability, or national origin regarding employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor also agrees to take affirmative action to ensure equal employment opportunities for persons with physical disabilities. 9.12 The Contractor is an independent Contractor and not an employee or agent of the City. 9.13 The Contractor agrees to furnish all personal property necessary to perform this Contract. 9.14 The Contractor indemnifies and holds the City harmless from and against any claim, cause of action, accident, injury including death, damages, liability, cost, expense, fines or penalties resulting from any action or omission of the Contractor in connection with or arising out of this Contract. This indemnification obligation shall survive the termination of this Contract. Page 7 of 17 9.15 This Contract may not be assigned, subcontracted or otherwise transferred. 9.16 If the Contractor fails to exist, in fact or by law, the City may immediately terminate this Contract and without waiving and remedies available to it, perform the Contract. 9.17 The Contractor agrees that he will be at the site of all operations associated with the carrying out of this Contract. 9.18 The Contractor agrees to complete this work entitled "Investigation and Relocation of Freshwater Mussels - Upper Mississippi River - Peosta Channel Barge Dock" for the lump sum amount not to exceed $15,000°00 (Fifteen Thousand Dollars and Zero Cents). 9.19 The Contractor will obtain and have in force at all times when the work is being performed insurance as required by Insurance Schedule C, attached hereto. CITY OF DUBUQUE, IOWA HELMS & ASSOCIATES Authorized Signature Authorized Signature Typed or Printed Name Typed or Printed Name Date Date F:\ USERS \tsteckle \Lindahl \Agreements \HelmsContract_ Investigation& RelocationFreshwaterMussels _082113.doc Copy: (1) original signed contract - City of Dubuque (1) original signed contract - Helms & Associates (1) original signed contract - IIW Page 8 of 17 INSURANCE SCHEDULE Page 9 of 17 City of Dubuque Insur Tice Require, ents for Professionai Services •1. Insurance Schedule C shell furnish a signed Certificate of Insurence to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than GO .dzys. Providers presenting annual certificates shell present a Certificate at the end of each project with the final billing_ Each Certificate shell be prepared on the most current ACORD form approved by the Iowa Department of insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of pre-raises at or construction of 2. All policies of insurance required hereunder shall be With a carrier authorised to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a W2hier of these requirements by the. City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a materfal breach of this agreement_ 5. Sub-contractors and sub sub-contractor performing work orsrice shall provide a Certificate of insurance in :accord -with Exhibit I. 6_ All required endorsements to various policies shall be attached to Certificate of insurance. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and fisting in writing all deviations and exclusions that differ from the ISO farm. S. Provider shall be required to .cerry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit F. Whe.never an ISO form is referenced the current edition of the form must be used. Page 1. of Schedule C. Professional Services Aril, 2013 . Inc Longshore Lang Page 10 of 17 City of Dubuque Insurance Requirements for Professional; Services Insurance Schedule C (continuedl Exhibit I A) COMMERCIAL GENERAL LIABILITY General A77,gregete Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrencej 5 50,000 Medical Payments S 5,000 a) Coverage shall be written on an occurrence„ not claims made, fo:mn. AM deviations from the standard ISO commercial general liability form CIS 0001, or Business owners form EP 00,02, shall be clearly identified_ Is) Include ISO endorsement form CG 25 04 'Designated Location(s) Ge:nera I .Aggreg-ate Lime or CG 2-5 03 Designated Construction Project (s) Genera; Aggregate Limit' as appropriate. c) Include endorsement indicating ti-at coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). al Include an endorsement that deletes any fellow employee exclusion_ Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all i employees and volunteers, al; its boardsr commis.sions and/or authorities and their board members, employees and vo•unte-ers. Use [SO form CG B) AUTOMOBILE LIABILITY $3,000,000 (Combined Single Lim;it) C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering ail employees injure-d On the job by accident or disease as prescribed by [owe Code Chapter 85 as amended. Coverage A Coverage B Statutory—State of I 0 Wa Employers Liability Each Accident $100,000 Each Employee-Disease 5100,000 Policy Limit-Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Coverage B limits shah i be greater if required by Umbrella Carrier_ Policy Shall include Longshoreman and Harbor Workers Compensation Act Coverage. D) UMBRELLA LIABILITY $1,000,000 Umbrella liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILI TY $1,C00,D2-0 Page 2 of 3 Schethge C„ Professional Services: 2013 Inc Longshore ;Lang Page 11 of 17 City of Dubuque Insurance Requirements for Professional Services Preservation of Governmental Immunities Endorsement Nonv,ralver of Governmental fiTimunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque. Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque., Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2_ Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670_4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy_ 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for aserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above presentation of governmental immunities shall rsot otherwise change or alter the coverage available under the policy. SPECIMF N Paige 3, of 3 SchedVe C. P rofeszion a 1 Serv,:z:- Aprq, 23 In: Lcrgah cre Lana Page 12 of 17 PROPOSAL Page 13 of 17 MUSSEL RELOCATION PLC FOR kith PURINA DRIVE BARGE DOCK MAECIENANCE PROJECT DUBUQUE, IOWA (#CEMVR-OD-P-2013-0830) Helms 8: Associates # 1322 (Attachment 1) This plan/proposal is for mussel relocation in the vicinity of the City of Dubuque barge dock at the southern end of the Peosta Channel. The project laiown as the -Purina Drive Barge Dock Maintenance Project- is located in Mississippi River Pool 12, RA1482.4R (N 42.508270, W 90.648762') in Dubuque County, Iowa (Figure 1). Planned activities at the site include reconstruction of a deteriorating dock wall, and the USEWS. requires the applicant to conduct a mussel investigation/relocation within a zone of 10 feet outside of the existing dock structure less than two weel., prior to constniction The federally enclIngered Higginsi pearly mussel (Lonipstifs higgins0 and several state listed mussel species as well as important commercial species were found adjacent to the site during, mussel surveys in 2(10 land 2008 and a subsequent mussel relocation (Helms Ck Associates 2001, 2008, &r, 2009). The present mussel work will be conducted under contract with the City of Dubuque_ A:rccietez Rag :: 1 of4 O72433 Figure L. Project lor%sdori. MUSSEL RELOCATION PROTOCOL This mussel relocation effort will be Concentrated within a 10 foot wide band adjoining the face of the existing dock wall. Mussels will be hand-collected by divers as they traverse along the wall. Subsequent passes farther from the wail will be guided by a weighted rope. Quality control will include re-examination of representative areas .andlor substrate sampling. Work will be performed in accordance with specifications described in Helms & Associates' endangered speciesicallectina, permits (US F‘VS - 4-EPRT-S3777 and IA DNR Permit - #SC-57). All mussels collected will be identified and marked so as to separate them from specimens collected (bring future release site monitoring efforts should monitoring be required. Threatened and endangered species will be uniquely marked, measured for length and width, sexed, aged, and photographed_ 1 Page 14 of 17 Helms S.: Associatez Pap 2 of4 QT.-34/13 PLACEAMNT SITE SELECTION We are tentatively anticipating the release site will be located approximately 1200 feet (400 meters) upstream of the dock site from which mussels are collected. This is the same release site used in the 200 relocation eftbrt referenced above. SCHEDULE It is anticipated that the 2013 mussel relocation effort will take two field days. Regarding temperature, no mussel relocation work can be conducted when water temperature falls below 50 degrees F. Thus, all mussel relocation activity must be completed during the approx irrl ate period of May 1 through October 30. Construction activity must begin within two weeks following completion of the relocation. The latter is to assure that mussels do not repopulate the area before construction is initiated. We will coordinate with the contractor to assure the two week requirement is met_ REFERENCES Helms & Associates. 2009. Mussel Survey for Gavilon Grain. LLC at the Feasts Chaunel River TeD-111,1, River Mile 580.1, Dubuque Co.. Iowa. Prepared for Gavilon Grain, LLC, Dubuque, Iowa. (Corps of Enfirreers .Cal\TR-OD-P-2068-1115), & Associates Project *0920. 9 pp Appendices. Helim & Associates. 2008. Mussel Survey for Gavilon Grin. LLC at the Peosta Channel River Terminal,: River Mile 580.1, Dubuque CG., Iowa. Prepared for Gavilon LLC, Dubuque, Iowa_ 12 pp + Appendices_ Helms & Associates_ 2001. Mussel Survey for the Peavy Company at the Peosta Charnel River Terminal, River Mile 580.1, Dubuque Co., Iowa. Prepared for City of Dubuque, Dubuque, Iowa_ 15 pp Appendices. REPORT A job completion report will include methodology, a description of all tasks completed, problems encountered, and pertinent observations. Data will be processed on computer and will include a listing of all species encountered, numbers encountered, and percent relative abundance. Color photos will be incorporated into the report to depict a typical view of the site and to show representative specimens collected. Copies of all original field data sheets will be presented as an appendix in the final report. Typically reports with appendices are approximately 50 to 75 pages and are spiral-bound. One drat of the report will be presented to the client for review and approval followed by two paper copies and an electronic, copy of the final report. In accordance with collecting permit requirements, additional copies of the approved final report (electronic copies) will be distributed to the US Fish and Wildlife Service, Office. of Endangered Species in Ft. Snelling; the US Fish and Wildlife Service, Moline Field Office; and the Iowa Department of Natural Resources. Additional copies will be provided to the Corps of Engineers. Agency copies will be delivered well within the scheduled requirement Page 15 of 17 Es Associates Far a 3 of.4 ,07.,s24!13 PERSONNEL Helms & Associates will provide a team of people to conduct the field relocationisurvey. Don Helms will be the on-site malacologist Divers and field technicians will assist him in processing the mussels and data recording. Malacologist - Don Helms is a qualified experienced and licensed malacologist. He will serve as field supervisor and on-site malacologist and will be present at all times during field relocation/survey activities in order to properly direct and control the handling of mussels. Dive team - The dive team will be provided by Lambert Environmental Divi.U. andior Marineland Dive Centers_ They will work under the direction of Don Helms, Helms & Associates. Support personnel - Properly trained and experienced support personird will be present to conduct all other necessary activities under the direct supervision of the on-site malacologist. Helms Associates has a reserve pool of several individuals from which a team of field technicilm will be selected. They will assist in the various supporting aspects of the project. All have extensive experience working together on previous mussel studies. PE-13211111 S Don Helms is our malacologist and permit holder for mussel projects_ He currently holds a valid Iowa Permit (Permit t SC-57) and a Federal Endangered Species Permit (Permit #TE839777- 13). Activities pertaining to both state and federally listed species will be performed in accordance to these permits. risuRANEE Helms & Associates currently carries General Liability with SLO00,000 each occurrence and $2,000,000 aggregate, which includes coverage for hired and non-owned vehicles; Workman's Compensation with $500,000 limits; and $4,000,000 umbrella with Westfield. Certificates of Insurance can be provided on request COST We are estimating this work will require two field -days_ Cost is based on a one-time startup fee ($5,000 for mobilization, travel, report preparation, etc.) plus $5,000 per field day for the estimated two field days. Our fee fo-r the mussel relocation is FEUD PRICE $15,000.. This price: includes all personnel and equipment necessary to conduct the required mussel relocation effort and to prepare and deliver a report in accordance with this proposal. An invoice will be submitted upon client acceptance of our final report_ In the event this work is not completed iii 2013, , an increase of 4 !',.; per year may be added for each year thereafter. Any subsequent work (e.g. future mussel monitoring) will require a separate contract. Page 16 of 17 We sincerely appreciate being considered for questions, please call. Sincerely. Don K Helms, Owner Helms & Associates 4 Page 17 of 17 Hi Associates Pags. 4 cf4 07041.3 importmt proiect and if ycra have ay