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