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BMLComm Packet - 9/8/2015 CITY OF MUSKEGO BIG MUSKEGO LAKE BOARD OF COMMISSIONERS AGENDA BIG MUSKEGO LAKE/BASS BAY PROTECTION AND REHABILITATION DISTRICT SPECIAL MEETING September 8, 2015 6:55 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE VOUCHER APPROVAL UNFINISHED BUSINESS NEW BUSINESS 1. Approval of Contract with Marine Biochemists to Conduct an Aquatic Plant Survey COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, MUSKEGO CITY HALL, (262) 679-4100. Memo To: Big Muskego Lake/Bass Bay Protection & Rehabilitation District Commissioners From: Tom Zagar CC: Jeff Muenkel Date: September 3, 2015 Re: Agreement to Perform Aquatic Plant Survey Action requested: Approval for Chair of Lake District (Mayor) to sign an agreement with Marine Biochemists to perform an aquatic plant survey on Big Muskego Lake and Bass Bay and supply a report and deliverables per DNR standards. Background: As you may recall at the Lake District’s last quarterly meeting a resolution was approved to apply for a Surface Water grant from the Wisconsin DNR to address the management of Starry Stonewort in Big Muskego Lake and Bass Bay. A lake-wide plant survey was one of the items in this grant project. Marine Biochemists has submitted a quote of $10,560 to complete this task. This consultant has performed quality aquatic plant management services for the District in the past and has a familiarity with this unique waterway. They have further indicated that they could complete the survey this September – which is desirable because it is important to assess the plant community earlier in the invasion of Starry Stonewort. Financial Implications: The DNR grant will support 75% of the $10,560 plant survey project cost. Therefore after reimbursement the net cost to the District will be $2,640. There is ample funding remaining in the District’s 2015 aquatic plant management budget to cover the costs, and if the work should carry into 2016, the project has been accounted for in the 2016 budget. Recommendation: It is recommended that the District Commissioners authorize the Chair to sign the agreement with Marine Biochemists to complete the aquatic plant survey. Community Development Department AQUATIC MANAGEMENT AGREEMENT 2015- 6049157 THIS AGREEMENT is made between Arch Chemicals, inc.,'dta Marine Biochemists, with an N11163 Stonewood Dr., Suite 234, Germantown, Wisconsin (hereinafter "MB") and office at W175 Bio Muskeqo Lake/Bass Bav P & R District W182 58200 Racine Ave. 2. Term of Agreement: 3. Services Provided: clo Mr. Tom Zaoar Muskeso, Wl 53150- (hereinafter "Custome/'). 9t8t2015 For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: MB to complete an Aquatic Plant Survey for the Big Muskego/Bass Bay P & R District to include all items specified in Attachment A. Final Report will be submitted in both electronic and paper format (five bound copies) upon approval of Final Draft by Wl DNR. Fees to be Invoiced upon conrpletion of Draft, terms net 30 days. Field work to commence at the discretion of Gustomer. ln the event that collection of the data can begin in Sept., 2015, an initial Draft of Report is expected to be submifted by no later than 12131115. 1. Agreement:MB hereby agrees tc provide Water Management Services described above, and Customer hereby accepts such services described above. Any and all terms and conditions not set forth herein shall be governed by MB's standard terms and conditions, attached. The term of this agreement shall cover the period from and continue until 1013112016. MB shall supply all necessary labor, materials, equipment and technical advice in providing Water Management Services to Customer. Customer shall provide a suitable boat launching site and pay any launching fees necessary to provide Water Management services in said water area where applicable. Page 1 of 2 4. Cost and Terms of Payment: 5. Consulting Fee: 6. Liability: 8. Customer Authorization: 9. Cancellation Fees: 10. Miscellaneous: AQUATIC MANAGEMENT AGREEMENT 2015- 6049157 The cost to Customer for Water Management Services supplied by MB shall be $10.560 * per service callwherein payments, upon credit approval, shall be du within 30 days following the completion of each service call. Where applicable, an additional consulting fee in the amount of $O.OO is due with return of this Agreement. MB's liability on any claim, loss or liability arising out of, or connected with this Agreement, the use of any services furnished hereunder, shall in all cases be limited solely to the correction of non conformities to the description of services hereunder. lf for any reason MB is unable or fails to correct nonconformities as provided, MB's liability for damages arising out of any services provided hereunder for such failure, whether in contract or in tort (including negligence), law or equity, shall not exceed the amounts paid by Customer for that portion of the services or equipment that fail to conform. Except as otherwise stated herein, MB DlscLAlMS ALL orHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILIry AND FITNESS FOR A PARTICULAR PURPOSE. lt is specifically understood that MB shall not be liable under this Agreement for (i) any personal injury and/or property damage resulting from completed operations or any installed equipment, or (ii) lost profits, incidental, special, punitive or consequential damages, whether or not the possibility of such damages has been disclosed to MB in advance or could have been reasonably foreseen by MB. Customer shall take whatever action is reasonably nec*sary by means of posting of warning signs and otherwise, in order to prevent bodily injury and/or property damage, whether to persons, animals, or property, while Water Management Services are being conducted and/or completed Water Management Services. Customer represents and warrants that this Agreement has been duly authorized by the Customer, and that the persons executing this Agreement have the authority to execute this Agreement on Customer's behalf. ln the event that Customer terminates this Agreement for any reason prior to work being performed, or if treatment(s) cannot be conducted due to regulatory restrictions, the Customer agrees to pay MB a cancellation fee equal lo 2Oo/o of Agreement costs unless otherwise noted. This Agreement shall be construed under and in the Courts of the State of CT. This Agreement constitutes the entire understanding between the parties, and may be amended only in writing by the properly authorized representatives, successors, and assigns. This Agreement shall insure to the benefit of and be binding upon the parties hereto, their respective personal representatives, successors, and assigns. 7. Warning Signs: Addendum: * lN WITNESS WHEREOF, the parties hereunto set their hands and seals effective this Thursdav. Seotember 03. 2015 . Arch Chemicals, lnc., dba Marine Biochemists CUSTOMER Name: Title: By: Chemicals, lnc., dba Marine Biochemists Page2ot 2 (date) Attachment “A “ to Big Muskego/Bass Bay P & R District Marine Biochemists Water Management Agreement September 3, 2015 As part of this Agreement, Marine Biochemists will conduct an Aquatic Plant Survey on Big Muskego and Bass Bay consisting of plant data collection at approximately 330 predetermined points (“Waypoints”) on Bass Bay and 707 points on Big Muskego according to protocol (latitude and longitude) established by WI DNR.* Data to be collected will include Water Depth, Bottom Sediment Type (Muck, Sand or Rock), aquatic plant species present at ea ch site and relative plant abundance rating (0-3) of all species combined, and for each individual plant species. This information is to be logged into an “Excel” Spreadsheet provided by the WI DNR. *Please note that points with a water depth greater than the maximum rooting depth of plants will not require collection of D ata. Likewise, some P/I points may fall inside the numerous islands and will not be sampled. In areas too shallow for navigation, Visual observations will be recorded, where possible. Once completed, this Data will be presented to the Big Muskeo/Bass Bay P & R District in Report Form. A series of maps detai ling the locations of any exotic species present (including Eurasian Watermilfoil, Curlyleaf Pondweed, Starry Stonewort, Purple Lo ose- strife and Phragmites), along with the top eight ranked native species will be provided. Additional data that will be presen ted will include:  Plants species found  Number of vegetated sites found  Overall percent frequency of occurrence  Percent relative frequency of occurrence  Overall average density rating (between 0 and 3),  Relative average density rating  Maximum rooting depth and Chart detailing the colonization of plants across depth. Finally, the above data will be discussed in a narrative describing their importance. Five printed copies of the Report (after review/approval by the DNR) will be provided to the District. Both the Final Draft and Re- port, including completed Data Collection Sheets (Excel Format) will be submitted to the District and DNR in electronic forma t as well. It is presumed that the WI DNR may desire minor changes to the Final Report, and that it may take some time (months) for the Department to request modifications. The quote provided takes this into consideration and the District will not be charged f or this additional work, as long as the changes involve a reasonable amount of work (1 -2 days or less). Total cost, including all travel, on-site labor and report preparation for the above will be $10,560.00. This will be Invoiced upon completion and submittal of the Final Draft to the WI DNR and District. Additions As of this date, it is expected that the WI DNR will likely require collection, drying and mounting of plant specimens for th eir archives. While the Quantity and Quality (Mounted and or Laminated, etc.) of Specimens has yet to be specified, per specime n cost (maximum) is expected to be in the range of $30.00 -$50.00 dependent upon the Quality desired. This work will be completed at the request of Customer. Marine Biochemists 6302 W. Eastwood Ct Mequon, WI 53092 (888) 558-5106 www.marinebiochemists.com Proposal for P/I Aquatic Plant Survey August 20, 2015 Big Muskego/Bass Bay P & R District Marine Biochemists 6302 W. Eastwood Ct. Mequon, WI 53092 (888) 558-5106 www.marinebiochemists.com Introduction Marine Biochemists was recently contacted by Tom Zagar of the City of Muskego in regards to providing a quote for an Aquatic Plant Survey on Big Muskego Lake and Bass Bay, Waukesha County, WI. Using the Standard WI DNR P/I Methodology. Tom Zagar contacted Scott Van Egeren of the WI DNR who furnished a map of the number and location of Point - Intercept (P/I) Points where plant data was to be collected. The total number of points provided was 707 (see Figure 1). While a map of Bass Bay had not been generated, Scott Van Egeren estimated that sampling of approximately 330 would be required. Scope of Project The project calls for data to be collected at each of the pre-determined P/I points including, Water Depth, Bottom Sedi- ment Type (Muck, Sand or Rock), aquatic plant species present at each site and relative plant abundance rating (0 -3) of all species combined, and for each individual plant species. This information is to be logged into an “Excel” Spreadsheet provided by the WI DNR. Please note that points with a water depth greater than the maximum rooting depth of plants will not require collection of Data. Likewise, some P/I points may fall inside the numerous islands and will not be sampled. In areas too shallow for navigation, Visual observations will be recorded, where possible. Marine Biochemists 6302 W. Eastwood Ct. Mequon, WI 53092 (888) 558-5106 www.marinebiochemists.com Figure 1 Locatfon of P/I Sampling Points for Big Muskego Lake (707 total) Scope of Project cont’d. Once completed, this Data will be presented to the Big Muskeo/Bass Bay P & R District in Report Form. A series of maps detailing the locations of any exotic species present (including Eurasian Watermilfoil, Curlyleaf Pondweed, Starry Stonewort, Purple Loosestrife and Phragmites), along with the top eight ranked native species will be provided. Addi- tional data that will be presented will include:  Plants species found  Number of vegetated sites found  Overall percent frequency of occurrence  Percent relative frequency of occurrence  Overall average density rating (between 0 and 3),  Relative average density rating  Maximum rooting depth and Chart detailing the colonization of plants across depth. Marine Biochemists 6302 W. Eastwood Ct. Mequon, WI 53092 (888) 558-5106 www.marinebiochemists.com Experience Marine Biochemists has over 45 years of experience in lake management in southeastern Wisconsin. Our list of clients include municipalities, Districts, and Associations on over 20 Wisconsin lakes serviced annually. We have over 15 years experience working on Bass Bay and Big Muskego and are very familiar with the lake and it’s unique characteristics . Samples of our previous work and References will be made available upon request. Contact Person Brian Suffern Marine Biochemists at LONZA (office) 888 558-5106 (cell) 414 406-0050 (fax) 262 238-0408 e-mail: brian.suffern@lonza.com Project Cost and Timetable Total cost, including all travel, on-site labor and report preparation for the above will be $10,560.00. This will be Invoiced upon completion and submittal of the Final Draft to the WI DNR and District. While no precise timetable was given for the project, late 2015 or summer of 2016 were provided as options. We are prepared to begin and complete the survey in September, 2015. It is estimated that eight to ten days of work will be required to collect the required data. The final Draft of the Report should be completed and submitted to the District (and WI DNR) by the end of 2015. Five printed copies of the Report (after review/approval by the DNR) will be provided to the District. Both the Final Draft and Report, including completed Data Collection Sheets (Excel Format) will be submitted to the District and DNR in elec- tronic format as well. It is presumed that the WI DNR may desire minor changes to the Final Report, and that it may take some time (months) for the Department to request modifications. The quote provided takes this into consideration and the District will not be charged for this additional work, as long as the changes involve a reasonable amount of work (1 -2 days or less). Respectiully Submitted