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HomeMy WebLinkAboutAgreement Robert E. Lee & Associates DBA Nes Ecological Services, 2020 Storm Water Facility Native Palnting Maintenance I 39) -7 3 RECEIVED AGREEMENT JUN 0 4 2020 S-r CITY CLERK'S OFFICE �1 This AGREEMENT, made on the I day of , 2020, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ROBERT E. LEE & ASSOCIATES, INC. DBA NES ECOLOGICAL SERVICES, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for 2020 STORM WATER FACILITY NATIVE PLANTING MAINTENANCE. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: James Havel—Division Manager B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Dan Gabrilska—Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. Fngmeering\Storm Water l nLxmahon',City IJe•lenlion Basin Inspection Folder\\Vegetation Page 1 of 7 Maintenance\2020\NES Agreement-20211 SW Fac Native I'I.uuing Vlaint_5-7-20.doca All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST,FINANCIAL CONSIDERATIONS,AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses,projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. I:\Engineering\Storm Water Information\City Detention Basin Inspection Folder\Vegetation Page 2 of 7 Maintenance\20201NES Agreement-2020 SW Fac Native PI. . g Maint_5-7-20.doca • ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the 1:1Engineering\Storm Water Information\City Detention Basin Inspection Folder Vegetation Page 3 of 7 Maintenance\2020\NES Agreement-2020 SW Fac Native Planting Maint_5-7-20.docx delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE XI. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as P fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. CONSULTANT's Proposal dated April 23, 2020 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE XII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $38,405 (Thirty Eight Thousand Four Hundred Five Dollars). • Attached fee schedule shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. I ,Fngmeeruig\Stuns Eater Information\City Detention Basin Inspection Folder\Cegetatiun Page 4 of 7 Maintenance,2020\NISS Agreement-2020 SW Fac Native Planting Vlainl_5 7-?Qdoc, D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s)not including documentation. ARTICLE XIII. STANDARD PROVISIONS The CONSULTANT agrees that, in all hiring or employment made possible by or resulting from this AGREEMENT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE XIV. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. L\Engineering\Shinn Water Information\City Detention Basin Inspection Folder\Vegetation Page 5 of 7 Maintenance\20201NES Agreement-2020 SW Far Native Planting Maint_5-7-20.doca ARTICLE XVI. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XVII. RE-USE OF PROTECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. ARTICLE XVIII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:1Engineering\Sturm Water Information\City Detention Basin Inspection Folder\Vegetation Page 6 of 7 Maintenance\2020\NES Agreement-2020 SW Fac Native Planting Maint_5-7-20.doa ARTICLE XIV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT (41.1‘9- UiS)-rQ By: �� ....-",.. .- pion 'Mallet-01e (Seal of CONSULTANT 'J ,,A. .,$),04F.,irre'---- if a Corporation) (Specify Title) By: -44,1---Li . (Specify Title) CITY OF OSHKOSH 1;14 By: 1_-- (Witness) Mark A. Rohloff, City Manager n U And. (Witness) Pamela R. Ubrig, City erk APPROVED: I hereby certify that the necessary provisions \ have been made to pay the liability which will accrue under this AGREEMENT. City, ttorney PA( ,,,./1.•--7441/ City Comptroller 1, Engmeering\Sr..,ll.tler Intnrmahon%Citc Detentum Basin In5pectinn Folder%Fegetatinn Page 7 of 7 Maintenance 2I1211\N[.Agreement-202(1SW Fac Native Planting Mamt_5 20.doc, NES Green Bay Office 1250 Centennial Centre Blvd, Hobart,WI 54155 ` 920-499-5789 FAX 920-662-9141 ECOLOGICAL SERVICES RECEIVED _-_ E M iljhavel(reeeinc.com A Division of Robert E,.tee&:Associoies,Inc. APR 2 3 2020 DEPT OF PUBLIC WORKS OSHKOSH,WISCONSIN April 23,2020 Justin Gierach CITY OF OSHKOSH 215 Church Avenue,Room 301 Oshkosh,WI 54903 RE: 2020 Stormwater Facility Native Planting Maintenance Dear Mr. Gierach: NES Ecological Services (NES)is pleased to submit this proposal for the maintenance of native plantings within and around 13 stormwater facility located in the City of Oshkosh, Winnebago County, WI. The proposed scope of services for the maintenance,cost and schedule are outlined below. SCOPE OF WORK Tasks referenced below can be found in the 2019 City of Oshkosh Stormwater Facility Assessment Report. 9th and Washburn Basin The wetland areas will require intensive work and needs to be addressed over a period of time if a healthy native community is to be established. The primary concern within this community type is the elimination of purple loosestrife and cattail. Recommendations are as follows: • In the wet meadow and prairie communities, we suggest timely herbicide applications (Task 6) and selective hand pulling/cutting/mowing (Task 8) to target cool season grasses and invasive forb species. Species to be addressed during these site visits include but are not limited to: Canada thistle, bull thistle, burdock, cattail, Queen Anne's lace, crown vetch, purple loosestrife, reed canary grass,sweet clover,common teasel and Kentucky bluegrass. • NES recommends continued herbicide treatments of cattail to fully eliminate the populations in the emergent community. Spot treatments and hand wicking will be the most applicable as the population has been depleted to the point where broadcast applications won't be necessary. Cattail populations can be greatly reduced in the first year of treatment; however, if follow-up treatments are not conducted in the years following, the species can easily re-occupy the previously infested area. As these populations are eradicated, seeding and/or planting of native vegetation may be recommended to help reduce future invasions by non-native species and establish a native community. April 2020 1 NES EG h)O TAL�c�+.CrS City of Oshkosh Native Planting Maintenance Proposal • Follow-up woody vegetation control around the pond's perimeter will be conducted(Task 14). If left unchecked, woody vegetation could populate the entire shoreline and wet meadow community making future pond maintenance activities more difficult. Trees could compromise berms and extensive willow thickets could eliminate desirable herbaceous vegetation. • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Armory Basin This basin will require intensive work and needs to be addressed over a period of time if a healthy native community is to be established. Recommendations are as follows: • An early spring, broadcast herbicide treatment targeting broadleaf invasive species, particularly common teasel and wild parsnip shall be conducted (Task 6). The timely herbicide treatment would be conducted to target the above listed species prior to native forb species emerging. A post-treatment evaluation should then be performed to determine native species density within the planting. If>60% native cover is noted later in the season, a regular maintenance schedule should be implemented moving forward to keep a positive trend in native species establishment. If less than 60% cover is observed, the prairie community would need to be over-seeded or re- seeded depending on the actual cover of native species. • Due to the density of invasive species present, the site likely has a significant seedbank that may need to be depleted prior to re-establishing native vegetation. If the above herbicide application is not successful, additional herbicide applications will be required. The process could require two or three years of herbicide treatments. If redoing the prairie is a priority,the process should continue by conducting two additional herbicide applications during the 2020 growing season to remove all vegetation followed by the installation of native grass seed in the fall. Because the dominant invasive species are forbs, a broadleaf selective herbicide can then be used to repeatedly treat the prairie area two to three times per year for another year or two until invasive species control has been achieved. A native prairie seed mix containing primarily wildflowers can then be over-seeded on the site to increase vegetation diversity. • If budget doesn't allow the potential re-seeding of the prairie community at this time,two timely mowings (Task 7& 8)shall be conducted to prevent teasel and thistle seed production. Repeated mowing may also help reduce these species populations over time and give native vegetation an opportunity to grow. Mowing however will not control crown vetch; therefore, spot herbicide treatments(Task 6)will still be necessary to control this species. • To achieve a"Good" ranking for this basin, cattail will need to be eliminated from the emergent zone. Based on the current condition of the emergent zone, broadcast herbicide applications (Task 6)will be required in 2020. April 2020 2 NES City of Oshkosh Native Planting Maintenance Proposal • Follow-up woody vegetation control around the pond's perimeter shall be conducted(Task 14). • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Aviation Basin The site's overall "Best" condition reduces maintenance activities and the time it takes to cover the site; however, the fencing structure over the basin offsets that by increasing implementation time due to reduced access and maneuverability for staff and equipment. Recommendations are as follows: • We recommend selective herbicide applications (Task 6) and hand pulling/cutting/mowing(Task 8)be conducted to target cool season grasses and invasive forb species. Even these tasks may be difficult to conduct near the slope top because the fencing is only a foot or two off the ground. Extreme care will need to be taken when conducting tasks within the basin to avoid injury from the fencing. Species to be addressed during these site visits include but are not limited to: thistle spp.,burdock,Queen Anne's lace,reed canary grass, and sweet clover. • Cattail is the only invasive species within the emergent zone that is of concern. Due to the low density, control shall be performed by hand wicking plants(Task 6). • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Baldwin Basin This is a high priority basin for the City due to its high visibility. To achieve the City's desired goal, significant effort will be required to control primarily cattail, purple loosestrife and woody species. Recommendations are as follows: • A spring prescribed burn is recommended (Tasks 4 & 5). The burn will eliminate previously treated cattail thatch, set-back cool season species, assist with woody species control and blacken the earth which will spur the growth of native species. If water levels within the basin do not allow a spring burn, attempts could be made to complete the task in fall. However, if burning is not feasible, the cattail patches should be mowed (Task 7) in late winter/early spring to allow for easier follow-up herbicide treatments. April 2020 3 ISlES ecea:�cu«xrc�s City of Oshkosh Native Planting Maintenance Proposal • In the higher quality wet meadow segments, we suggest timely herbicide applications (Task 6) and selective hand pulling/cutting/mowing (Task 8) to target cool season grasses and invasive forb species. Species to be addressed during these site visits include but are not limited to: thistle spp.,Queen Anne's lace,purple loosestrife,reed canary grass,hybrid cattail and sweet clover. • Any remaining dense cattail populations shall be broadcast sprayed while scattered plants will be hand wicked (Task 6) to reduce impacts to the native species. Due to the high quality wet meadow adjacent to these stands, it is likely native species will re-populate the sites. The treated areas will be monitored to determine follow-up activities. • Follow-up woody vegetation control throughout the basin shall be conducted (Task 14). If left unchecked, woody vegetation could populate the entire wet meadow community making future pond maintenance activities more difficult. Trees could compromise berms and extensive willow thickets could eliminate desirable herbaceous vegetation. • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Fair Acres Basin The wetland area has endured intensive herbicide treatments to control hybrid cattail. Monitoring of the wetland area will need to be done in order to determine the need for planting within the zone. The upland area will also require work to control invasive species. Recommendations are as follows: • In the prairie community, we suggest timely herbicide applications (Task 6) and selective hand pulling/cutting/mowing (Task 8)to target cool season grasses and invasive forb species. Species to be addressed during these site visits include but are not limited to: thistle spp.,burdock,Queen Anne's lace, crown vetch, purple loosestrife, reed canary grass, sweet clover and Kentucky bluegrass. • To achieve a better ranking in the emergent zone, native species will need to begin re-populating the zone and any remaining cattail will need to be addressed via spot treatments or hand wicking in order to prevent the species from re-populating. • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur April 2020 4 NES City of Oshkosh Native Planting Maintenance Proposal (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Fernau Basin Since this basin is in its early stages of development, routine maintenance of mowing and spot herbicide treatments should improve the condition of the basin. Recommendations are as follows: • In the prairie community, we suggest timely herbicide applications (Task 6) and selective hand pulling/cutting/mowing(Task 8)to target cool season grasses and invasive forb species. Species to be addressed during these site visits include but are not limited to: thistle spp.,burdock,Queen Anne's lace, crown vetch, purple loosestrife,reed canary grass, sweet clover, common teasel and Kentucky bluegrass. • Cattail is the only invasive species within the emergent zone that is of concern. The population has been reduced to little coverage of scattered plants interspersed throughout the emergent zone, but control should continue to be performed through spot foliar treatments and/or hand wicking (Task 6). • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). James Road Basin The rather large basin has the potential to provide good native species diversity and cover; however, maintenance activities should be conducted to fully control invasive species on the site and improve the overall quality of the facility. Recommendations are as follows: • We suggest spot herbicide applications(Task 6)and selective hand pulling/cutting/mowing(Task 8) be conducted to target cool season grasses and invasive forb species in the emergent and wet meadow communities currently containing >60% native species coverage. Species to be addressed during these site visits include but are not limited to: thistle spp., sweet clover, Kentucky bluegrass, reed canary grass, hybrid cattail, willow and Queen Anne's lace. The two species that will require the greatest effort to control are reed canary grass and cattail. • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur April 2020 5 NES E per,*!-A.5E?Y'Ct: City of Oshkosh Native Planting Maintenance Proposal (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Oshkosh North High School Basin The site's overall great condition minimizes maintenance requirements and the amount of effort to accomplish them. Continued routine maintenance activities will ensure the communities remain in great shape. Recommendations are as follows: • A spring prescribed bum is recommended(Tasks 4&5). The burn will eliminate thatch,set-back cool season species, assist with woody species control and blacken the earth which will spur the growth of native species and rejuvenate the planting. • Post-burn, we suggest spot herbicide applications (Task 6) and selective hand pulling/cutting/mowing (Task 8) be conducted to target cool season grasses and invasive forb species in the wet meadow and prairie communities. Species to be addressed during these site visits include but are not limited to: thistle spp., burdock, garlic mustard, Queen Anne's lace, reed canary grass and sweet clover. • Cattail and purple loosestrife are the only invasive species within the emergent zone that are of concern. Due to the low density, control should be performed carefully by hand wicking or spot treating cattail. Purple loosestrife control should be performed by cutting and bagging seed heads and spot treating the plants(Task 6). • Follow-up woody vegetation control around the pond's perimeter shall be conducted(Task 14). • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). South Park Basin To ensure invasive species do not hinder future native plantings recommended in the plan to be prepared by NES,we recommend continued maintenance activities in 2020, similar to what was conducted in 2019 which includes: • In the prairie/wet meadow community, we suggest timely herbicide applications (Task 6) and selective hand pulling/cutting/mowing (Task 8) to target cool season grasses and invasive forb species. Species to be addressed during these site visits include but are not limited to: thistle spp.,burdock,purple loosestrife and reed canary grass. • Cattail and purple loosestrife shall be removed from within the emergent zone via herbicide applications(Task 6)and selective hand pulling/cutting/mowing(Task 8). April 2020 6 1' IES ECO T k L atv-c[S City of Oshkosh Native Planting Maintenance Proposal • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Southwest Industrial Park Basin A The lack of native species establishment in the upland of this site is concerning;however;they may need more time to establish. The dominance of cattails within the emergent zone is also problematic to the success of planted species within that area. Recommendations are as follows: • In the prairie community, we suggest timely herbicide applications (Task 6), mowing (Task 7) and selective hand pulling/cutting/mowing(Task 8)to target invasive forb species. Species to be addressed during these site visits include but are not limited to: thistle spp., burdock, Queen Anne's lace, sweet clover, reed canary grass and wild parsnip. Due to the high coverage of Kentucky blue grass and lack of native forb and grass species, reseeding the prairie is likely the only way to get a native prairie established on this site. If reseeding is not a high priority, it would still be important to control the invasive forb species, while leaving the Kentucky blue grass for bank stabilization. If NES tried conducting a grass specific herbicide treatment to address the Kentucky bluegrass on site, it would likely result in erosion issues as there would not be enough vegetation to stabilize the banks. s • 2019 cattail treatments have addressed any remainingor newly sprouted plants. At this time the emergent zone will need to be monitored to determine the need for supplemental planting based on how well native vegetation recolonizes the treated areas. Any remaining or newly sprouted cattail shall be treated carefully via spot treatment or hand wicking in 2020(Task 6). • Follow-up woody vegetation control shall be conducted(Task 14). • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Southwest Industrial Park Basin B The lack of native species establishment in the upland of this site is concerning. Improvements in the emergent zone are clear and should only require limited efforts moving forward. Recommendations are as follows: April 2020 7 lIES City of Oshkosh Native Planting Maintenance Proposal • In the prairie community, we suggest timely herbicide applications (Task 6), mowing (Task 7) and selective hand pulling/cutting/mowing(Task 8)to target invasive forb species. Species to be addressed during these site visits include but are not limited to: thistle spp., burdock, Queen Anne's lace, sweet clover, reed canary grass and wild parsnip. Due to the high coverage of Kentucky blue grass and lack of native forb and grass species, reseeding the prairie is likely the only way to get a native prairie established on this site. If reseeding is not a high priority, it would still be important to control the invasive forb species, while leaving the Kentucky blue grass for bank stabilization. If NES tried conducting a grass specific herbicide treatment to address the Kentucky bluegrass on site, it would likely result in erosion issues as there would not be enough vegetation to stabilize the banks. • Due to the success of previous cattail treatments limited efforts of hand-wicking and or spot treating(Task 6)shall be conducted to keep the species at bay. • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Southwest Industrial Park Basin C The positive trend in native species establishment within the prairie and the re-establishment of native species in previously treated cattail areas is encouraging. Recommendations are as follows: • In the prairie community, we suggest timely herbicide applications (Task 6), mowing (Task 7) and selective hand pulling/cutting/mowing (Task 8) to target cool season grasses and invasive forb species. Species to be addressed during these site visits include but are not limited to: thistle spp., burdock, Queen Anne's lace, sweet clover, Kentucky bluegrass, reed canary grass and wild parsnip. Due to the slow but sure development of native species within the prairie it is likely that routine maintenance should keep this community on track for native species dominance. A prescribed bum would be beneficial to this basin to further encourage the establishment of native species but overall vegetation coverage would need to be dense enough to support the burn. The site will need to be monitored in 2020 to determine whether or not a bum could be conducted in 2021. • 2019 cattail treatments have addressed any remaining or newly sprouted plants. The emergent zone has responded well to previous cattail treatments at this basin, as native species have become well established within those areas. As long as this trend continues in the areas that were treated for cattail in 2019, the zone should continue filling in with native species and will not need any supplemental planting in the future. Any remaining or newly sprouted cattail shall be treated carefully via spot treatment or hand wicking in 2020(Task 6). • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it April 2020 8 NES Sek✓:CE City of Oshkosh Native Planting Maintenance Proposal should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). Westhaven Clubhouse Basin The dense growth of thistle needs to be addressed in future years. Fire may be used to try to reduce the thistle and improve native species coverage; otherwise, replanting the degraded areas is recommended. Recommendations are as follows: • In the prairie community, we suggest timely herbicide applications (Task 6) and selective hand pulling/cutting/mowing(Task 8)to target cool season grasses and invasive forb species. Species to be addressed during these site visits include but are not limited to: thistle spp., Kentucky bluegrass,wild parsnip and reed canary grass. • 2019 cattail treatments have addressed any remaining or newly sprouted plants. The emergent zone has responded positively to previous cattail treatments at this basin, as native species have become partially established within those areas. As long as this trend continues in the areas that were treated for cattail in 2019, the zone should continue filling in with native species and will not need any supplemental planting in the future. Any remaining or newly sprouted cattail shall be treated carefully via spot treatment or hand wicking in 2020(Task 6). • The last recommendation is that all work be documented and tracked over time to determine progress of the site. Quick assessments shall be made by the individual conducting work on the site each time he or she is at the basin. If something is not working on this particular site, it should not be continually repeated. Sometimes adaptive management needs to be implemented to achieve the ultimate goal. On the other hand, if something works very well at this site, it may work well at one or all of the other basins being managed. A report summarizing the assessments and maintenance will be prepared and submitted to the City of Oshkosh each year activities occur (Task 13). A meeting to discuss the results and determine future maintenance needs based on budgetary constraints will be conducted upon completion of report review by city staff(Task 1). April 2020 9 NES [COICK At SEEJiZES City of Oshkosh Native Planting Maintenance Proposal SCHEDULE Task Year 2020-2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Planning Meeting-2021 's s w Prescribed Y a Burn Administration - s 3 , Prescribed Burn Noxious Weed Control — * , x ;itt '-• all sites listed .,,, *tta-; * e r4A tq y 9- Mow Vegetation to 6"-8 Height u"- .. t. �-, y kx. '�" � 4 Spot Mow Vegetation Mee ; l� �, . ,� ' y Year-End Assessment Report&Budget �° Brush Removal and Eradication � �t '� i` r COST ESTIMATE Prices below were provided based on the anticipated activities and hours during the 2020 growing season per the 2019 pond assessments and observations made while conducting management activities during the field season. Based on our assessment and the efforts required in 2019, some of the below hours/quantities have been revised. 96&Washburn Basin Cost Estimate for 2020. Task Description Estimated Hours Estimated Cost #1 Annual Meeting ' 0.5 #6 Herbicide $80.00 60.0 $4,200.00 #8 Spot Mowing 30.0 $1,800.00 #13 Assessment,Report&Budget' 8.0 $600.00 #14 Cut Woody Vegetation 2.0 $150.00 TOTAL 100.5 $6,830.00 'Time&cost split between thirteen basins. Armory Basin Cost Estimate for 2020. Task Description Estimated Hours Estimated Cost #1 Annual Meeting ' 0.5 $80.00 #6 Herbicide 2 6.0 $420.00 #7 Mow 6-8"3 10.0 $800.00 #8 Spot Mowing 15.0 $900.00 #13 Assessment,Report&Budget ' 8.0 $600.00 #14 Cut Woody Vegetation 1.0 $75.00 TOTAL 40.5 $2,875.00 'Time&cost split between thirteen basins. 2 Cost for herbicide activity more expensive due to utilizing a UTV mounted sprayer and conducting a broadcast treatment(more chemical), compared to spot treatments with a backpack style sprayer. Cost is for one application. If the prairie is to be further prepped and re-seeded,additional costs would be incurred. 3 Two mowings would be conducted assuming the City doesn't want to re-seed the prairie. April 2020 10 IJES E'`Oli'OKAI SERV::', City of Oshkosh . Native Planting Maintenance Proposal Aviation Basin Cost Estimate for 2020. Task Description Estimated Hours #1 Annual Meeting ' 0.5 Estimated Cost #6 Herbicide $80.00 #8 6'0 $420.00 Spot Mowing 12.0 $720.00 #13 Report&Budget ' 8.0 TOTAL $600.00 'Time&cost split between thirteen basins. 26.5 $1,820.00 Baldwin Basin Cost Estimate for 2020. Task Description Estimated Hours #1 Annual Meeting ' Estimated Cost 0.5 $80.00 #4 Administration Fee-Burn 8.0 #5 Prescribed Burn , 25.00 9.0 $1125.00#6 Herbicide 12.0 $840.00 #8 Spot Mowing 4.0 $240.00 #13 Report&Budget ' 8.0 #14 Cut Woody Vegetation $600.00 8.0 $600.00 TOTAL 49.5 $3,985.00 'Time&cost split between thirteen basins. Fair Acres Basin Cost Estimate for 2020. Task Description Estimated Hours #1 Estimated Cost Annual •Meeting ' 0.5 $80.00 #6 Herbicide 10.0 $700.00 #8 Spot Mowing 6.0 $360.00 #13 Report&Budget ' 8.0 $600.00 TOTAL 24.5 $1,740.00 'Time&cost split between thirteen basins Fernau Basin Cost Estimate for 2020. Task Description Estimated Hours Estimated Cost #1 Annual Meeting' 0.5 #6 Herbicide $80.00 20.0 $1,400.00 #8 Spot Mowing 20.0 $1,200.00 #13 Assessment,Report&Budget ' 8.0 $600.00 #14 Cut Woody Vegetation 8.0 $600.00 TOTAL 56.5 $3,880.00 'Time&cost split between thirteen basins James Road Basin Cost Estimate for 2020. Task Description Estimated Hours Estimated Cost #1 Annual Meeting ' 0.5 $80.00 #6 Herbicide 35.0 $2,450.00 #8 Spot Mowing 15.0 #13 Assessment,Report&Budget ' 8.0 $600.00 $600.00 TOTAL 58.5 $4,030.00 'Time&cost split between thirteen basins April 2020 11E City of Oshkosh Native Planting Maintenance Proposal Oshkosh North High School Basin Cost Estimate for 2020. Task Description Estimated Hours #1 Annual Meeting ' Estimated Cost 0.5 $80.00 #4 Administration Fee-Burn 8.0 $500.00 #5 Prescribed Burn 10.0 #6 Herbicide $1,250.00 12.0 $84 0.00 #8 Spot Mowing 2.0 #13 Report&Budget ' $120.00 #14 Cut Woody Vegetation 2.0 $600.001 2.0 $150.00 TOTAL 42.5 $3,540.00 'Time&cost split between thirteen basins South Park Basin Cost Estimate for 2020. Task Description Estimated Hours Estimated Cost #1 Annual Meeting ' 0.5 #6 Herbicide 4 6.0 $420.00 0.00 #8 Spot Mowing 6.0 $360.00 #13 Assessment,Report&Budget ' 8.0 $600.00 TOTAL 20.5 $1,460.00 'Time&cost split between thirteen basins Southwest Industrial Park Basin A Cost Estimate for 2020. Task Description Estimated Hours Estimated Cost #1 Annual Meeting ' 0.5 #6 Herbicide 6.0 40.00 $420.00 #7 Mow 6-8" 4.0 $300.00 #8 Spot Mowing 16.0 $960.00 #13 Assessment, Report&Budget ' 8.0 $600.00 #14 Cut Woody Vegetation 1.0 $75.00 TOTAL 35.5 $2,435.00 'Time&cost split between thirteen basins. Southwest Industrial Park Basin B Cost Estimate for 2020. Task Description Estimated Hours Estimated Cost #1 Annual Meeting ' 0.5 #6 Herbicide $80.00 10.0 $700.00 #7 Mow 6-8" 6.0 $450.00 #8 Spot Mowing 6.0 $360.00 #13 Assessment, Report&Budget ' 8.0 $600.00 TOTAL 30.5 $2,190.00 'Time&cost split between thirteen basins. Southwest Industrial Park Basin C Cost Estimate for 2020. Task Description Estimated Hours Estimated Cost #1 Annual Meeting ' 0.5 #6 Herbicide 3$80.00 5.0 $350.00 #7 Mow 6-8" 2.0 $150.00 #8 Spot Mowing 2.0 $120.00 #13 Assessment,Report&Budget ' 8.0 $600.00 TOTAL 17.5 $1,300.00 April 2020 12 PIES ECCIAX'i,.5!^v a... City of Oshkosh Native Planting Maintenance Proposal Time&cost split between thirteen basins. Westhaven Clubhouse Basin Cost Estimate for 2020. Task Description Estimated Hours #1 Annual Meeting 1 Estimated Cost 0.5 $80.00#6 Herbicide #8 Spot Mowing 20.0 $1,400.00 8.0 $600.00 #13 Assessment,Report&Budget ' g 8.0 $600.00 TOTAL 32.5 $2,320.00 1 Time&cost split between thirteen basins POND COST SUMMARY FOR 2020 Total Estimated Maintenance&Installation Costs—2020. Pond 2020 9th&Washburn $6,830 Armory $2,875 Aviation $1,820 Baldwin $3,985 Fair Acres $1,740 Fernau $3,880 James Basin $4,030 Oshkosh North HS $3,540 South Park $1,460 South West Industrial Park Basin A $2,435 South West Industrial Park Basin B $2,190 South West Industrial Park Basin C $1,300 Westhaven $2,320 Grand Total* $38,405 * Costs to conduct these tasks would be billed on a time and expense basis (Attachment A contains labor & equipment rates);however,NES will work with the City of Oshkosh to eliminate tasks where applicable and reduce costs where able to ensure desired work is conducted within the constraints of the budget. Services not covered within this proposal will be negotiated with the City. If you have any questions or there are other items you wish to include,please contact me. Sincerely, NES ECOLOGICAL SERVICES )40,y-a James Havel Division Manager jhavel@releeinc.com April 2020 13 NES CCCMC:<:.'1 5Ev iCE: A ATTACHMENT A 2020 Labor & Equipment Rates 2020 Labor & Equipment Rates Natural Resource Technician I - $39 Natural Resource Technician II- $44 Natural Resource Technician III - $64 Natural Resource Scientist I - $65 Natural Resource Scientist II - $80 Natural Resource Scientist III- $94 Natural Resource Scientist IV- $118 UTV—$28/hour ATV,- $14.75/hour • Skid Sprayer- $12/hour DR Mower- $100.00/day Brush Cutter- $25/day Backpack Blower- $25/day Trailer- $5.00/hour Trailer- $25.00/day Water Buffalo - $20/hour Water Buffalo - $140/day Chemical - $0.80/ounce Chemical (Transline) - $4.00/ounce Mileage (Company Vehicle) - $0.74/mile Mileage (Personal Vehicle)—$0.575/mile ® AC Ro CERTIFICATE OF LIABILITY IN�� S U RA N C E I DATE(MM/DD/YYYY) 01/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.T/HIS20 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cheri Kline NOVAK AGENCY, INC 410 MILWAUKEE ST, PO BOX 57 (A/CPHO. EM)• (920)388-2890 KEWAUNEE,WI 54216 RECEIVED ADDRESS: ckline@novakagency.com aAi'o,No): (920)388-2740 INSURER(S)AFFORDING COVERAGE INSURER A: INTEGRITY INSURANCE NAILn INSURED APR 2 0 21JZU ROBERT E LEE &ASSOCIAT S INC INSURERS: 1250 CENTENNIAL CENTRE �T OF PUBLIC INSURER c: HOBART,WI 54155 SHKOSH, WISCON� E. 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