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Applied Ecological Services & Oshkosh 2016
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE,P.O.BOX 1130,OSHKOSH,WI 54903-1130 PHONE: (920)236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: Mr, Mark O'Leary Date: November 8,2016 Applied Ecological Services Subject: Executed Agreement for Storm Water PO Box 256 Detention Basin Vegetation Brodhead,WI 53520 Maintenance Pro am Please find; ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is a copy of the executed agreement for the storm water detention basin vegetation maintenance program. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Clerk's-Original cc: —File—Original Signed: Tracy ylor kkEngineering\Stomi Water information%City Detention Basin Inspection FolderWegetalton MaintenanoA20161AEC LOT-Executed Agreement_11-8-16.docx i AGREEMENT This AGREEMENT,made on the n day of 2016,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and APPLIED ECOLOGICAL SERVICES, PO Box 256, Brodhead, WI 53520, 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 NATIVE VEGETATION MANAGEMENT SERVICES. ARTICLE 1. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Mark O'Leary-Principal Ecologist 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 It. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: John Ferris,P.E.,P.H.-Civil Engineering Supervisor ARTICLE 111. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for Proposal. 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. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. I:�Engincering\5torm Water Infornutionj City IXtention(Basin InsM-lion Page 1 of 5 6\AEC Agnrntent_9-28•16Au,x z 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 CONSUL`I'ANT'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. ARTICLE VIII. 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 CITY'S Request for Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees tlue 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 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. 1.•\Eng€neering\Stomi Water inlornratian�City q notion Basin Inspection Folders Vegetation Pale 2 O{5 btainmmct\2016NAECAgr ,ftwnL9-28.16.doa ARTICLE IX. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim,or if not attached,as if hereto attached: 1. This Instrument 2. CITY's Request for Proposal dated August 24,2016 and attached hereto 3. CONSULTANT's Proposal dated September 7,2016 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 X. 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 $24,600 (Twenty Four Thousand Six Hundred Dollars). • Attached fee schedule(s)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. 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 XI. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against Al actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT,his/her agents or assigns,his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT or be L En ineerin orm 'i r( ( n Xfaf Wnanae\2016/AEC Agre0wnt_9-28.16Aocr L5� caused or result from any violation of Duty law or administrative regulation, and shall indemnify or red to the CITY all sums including court costs,attorney fees, and punitive damages which the CITY r4 obliged or adjudged to pay on any such claims or demands within thirty(30)days of the date of the CrIY'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 See. 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 XII. I SURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XIII. 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 tinder 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 XIV. RE-USE OF PRO ECT 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. 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 XV. SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY.In such event,CONSULTANT's contract price and schedule shall be equitably adjusted. 1: En irnrrin 4Va In W(WmniA20161 AEC Agreenient_9d8.16.dooc ARTICLE XVI. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT (Seal of Consultant Pf h if a Corporation) (Specify Title By: (Specify Title) CITY OF OSHKOSH By; Witness ! ( ) Mar<A.Rohtoff,City Manager And; (Witness) a PamelR.Ubrig, Ci f ` Wztness City Clerk APPROVED: Ihereby certify that the necessary provisions have been made to pay the liability which will accrue tinder this AGREEMENT. 41 yy ney City Comptro]ler 1:�Enguicering�$torm Watcr Infornwlinn�City Detentiola Basin Ins}a�tion Fokier�Vegeta IiMt t,tPage 5 Of aintenanceN20161AEC Agw2nient-9-26-16.dvcx Taylor, Tracy L From: Taylor, Tracy L Sent: Wednesday, August 24, 2016 10:22 AM To: 'info@appliedeco.com' Cc: Rabe,James E.; Ferris,John; Gohde, Steven M. Subject: Request for Proposal - Storm Water Detention Basin Vegetation Maintenance Program Dear Dr. Hunt, Attached is a Request for Proposal from the City of Oshkosh for a Storm Water Detention Basin Vegetation Maintenance Program. The proposal is due back by no later than 4:00 pan. on Friday, September 9,2016 to: Mr.John Ferris City of Oshkosh Department of Public Works 215 Church Avenge, Room 301 PO Box 1130 Oshkosh, WI 54903-1130 If you have any questions,please contact Mr.Ferris at(920)235-6065 or 'terrisC)ci.oshkosh.wi.us. Tracy L. Taylor Department of Public Works City of Oshkosh 920.236,5195 Follow us: Web 1 Facebook 1 TwitteCIDr vho�Oshkosh i AES RFP 8-24-16.Pdf i City ofv Oshkosh August 24,2016 Dr.Thomas Hunt Applied Ecological Services PO Box 256 Brodhead,WI 53520 E-Mail: info@appliedeco.com RE: Request for Proposal for Storm Water Detention Basin Vegetation Maintenance Program Dear Dr. Hunt: The City of Oshkosh is requesting proposals to be submitted for the development of a Storm Water Detention Basin Vegetation Maintenance Program for the many City-owned detention basins. The Plan will guide future contracting of services that will implement the recommendations developed in the Plan. Most of the City's storm water detention basins were planted with native vegetation on their side slopes and safety shelf. The maintenance of native vegetation is a critical part of the operation and maintenance of all of the City's storm water detention basins. The intent of the native vegetation is to promote water quality, provide habitat for wildlife, protect the shoreline from erosion, and improve the aesthetics of the storm facilities so they blend into the fabric of our community. Maintenance and removal of undesirable, invasive species is required to achieve the desired appearance and function of the City's basins. The goal of this agreement is to develop a multi-year program to reduce or eliminate undesirable plant species and encourage the growth and propagation of desirable "native" vegetation at the City's storm water detention basins. The work covered by this proposal shall include the furnishing of all labor, equipment, and materials to inspect, delineate, and make recommendations for a three-year plan that will achieve the vegetation objectives established for each basin. The Plan,at a minimum, should cover: • For each facility, the Plan should assess what was planted and the vegetation that is observed in the field. The assessment shall not be an inventory of the number of each species present, but rather a qualitative description of the amount of"native"vegetation present, • For each facility, the Plan should provide a schedule and an estimated budget for specific maintenance activities that the City may rely on for budgeting and procuring of services. • The Plan and the Consultant should provide guidance as to how the City will be able to measure annual progress, I;UngkringlStarm Water[nfamationl City Detention Basin Impaction Folder\Vegetation NlI'agE1 oft alntenance`2016\Redraft RFP 6-22-16\Staroi Basin Vag Alaint NogRFP Cover-AES—S-24-16.do� City Half,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54403-1130 http://www.cl.o$hkosh.wi,us • Based on field observations conducted over the course of development of the Plan, the Consultant should review the seed and plant lists used in City designs and recommend modification of the lists to reflect germination and survivability. The proposal shall include, at a minimum: • A breakdown of the planned project team. • ReIated project experience of the team members. • Resume for each team member. • Office location for each team member. • Anticipated timeline to complete the project. • Breakdown of anticipated hours and costs to complete each of the major tasks listed in the enclosed Scope of Services. The proposals will be reviewed for completeness and how well it is demonstrated the needs of the City of Oshkosh can be met. The award of the project work will not be based solely on the cost of the proposal. Please submit four(4) copies of the proposal to my attention no later than 4:00 p.m, on friday,September 9, 2016. Enclosed with this letter are copies of the Scope of Services, Proposal Summary of Cost Breakdown, Map of Basin Locations, Standard Engineering Services Agreement, and Professional Services Liability Insurance Requirements. The information contained within these enclosures shall become a part of the agreement with the Consultant selected to perform the services. If you have any questions,please do not hesitate to contact our office. Sincerely; John Ferris, P.E. Civil Engineering Supervisor JF/11t Enclosures cc: James Rabe,P.E.,CPESC,Director of Public Works Steven M. Gohde, P.E.,Assistant Director of Public Works File [:�EngineeringXStorm Water Information\City Detention Basin Inspedion Polder\Vegetation Maintenance\2016\Redraft RFP 6-22•16\Storm Basin Veg Maint Prog RFP Cover-AES.8-24d6.doec Page 2 of 2 Scope of Services for Native Vegetation Management Services 1. Locations: The Consultant shall develop vegetation management program for seventeen (17)of the City's eighteen(18)detention basins: A. Turf-Lined Basin--School Athletic Field 1. Tipler Basin (constructed 2009),is a City Basin and shall not be included in services to be provided. It is a dry basin located behind Perry Tipler Middle School at 325 South Eagle Street and is maintained as turf for the school's athletic fields. B. New 1 to 2 ears Basins 1. 91h & Washburn Basin (constructed 2015), located in the southwest quadrant of the intersection of West 9th Avenue and South Washburn Street. Consultant shaII access the site through the vacant lot between Motel b and Fox Valley Physical Therapy on South Washburn Street. 2. Northeast, North-Middle, and Northwest Detention Basins in the Southwest Industrial Park(constructed 2015). These basins are Iocated east of ClairviIIe Road and north of the railroad tracks. They may be accessed from Global Parkway off of Clairville Road. 3. Armory Basin(constructed 2014), located south of Crystal Springs Avenue and just west to the Army National Guard Armory at 1415 Armory Place. Consultant shall access basin through the vacant lot at 1615 Crystal Springs Avenue. C. New 2 to 3 ear Basin I. James Road Basin (constructed 2013), located approximately three (3) miles west of I-41 on STH 91. The basin is accessed by a farm road just east of the farm at 4812 STH 91 (approximately 280'east of the drainage ditch). D. Most Diverse Vegetation I. Oshkosh North High School Area Detention Basin (constructed 2010), located just north of Oshkosh North High School off of Morgan Avenue. Access to the detention basin shall be from Morgan Avenue, east to the gravel driveway along the west edge of the detention basin. There is a gravel parking lot near the northwest corner of the detention basin, Do not access the basin through the North High School parking lot. 2. Baldwin Basin (constructed 2008), is a dry basin located just west of the intersection of East New York Avenue and Broad Street. The best access for the basin is from the south end of the basin off of the dead end of Baldwin Avenue, 1AFn81neering\Storm Walertnformation\CityDetenlionBasin lnspniionFolder\Vegetalton gage 1 of Alalntersanr\2lllb\ftedrafl RFP6-22.16\ape of &Prop Summary of Cost 8makdomvn_&24-16.dn E. Cattails Recently Treated 1, Westhaven Clubhouse Area Detention Basin(constructed 2011), located just south of the Westhaven Golf Course Clubhouse at 1400 South Westhaven Drive. There is on-street parking located on Westhaven Circle. Do not park in the Golf Course Clubhouse parking lot. F. OIder Basins 1. South Oakwood Basin (constructed 2009), located just northwest of the intersection of South Oakwood Road and Badger Avenue. 2. Fair Acres Detention Basin(constructed 2005),located in front of Pick-N-Save North,east of the intersection of Murdock Avenue and Jackson Street. 3. Anchorage Channel/Basin (constructed 2005), parallels Harrison Street from Nevada Avenue to Libbey Avenue, G. Older Basins—No Native,Plantings When Constructed 1. Westowne Detention Basin (constructed 2007), located on the northwest corner of Westowne Avenue and North Washburn Street. 2. East, Middle, and West Detention Basins in the Southwest Industrial Park (constructed 2004-2005), located along Atlas Avenue, just north of STH 91 and west of Oakwood Road. There is on-street parking available on Atlas Avenue and Global Parkway. 3. Northwest Industrial Park Detention Basin (constructed 2004), Iocated on Fernau Avenue,just west of Vinland Street. There is on-street parking on Fernau Avenue. 2. Scope of Services: The Consultant shall provide the following scope of services for this agreement: A. Meet with the City's Project Manager prior to conducting field reconnaissance of the storm water detention basins to review goals for the type of vegetative cover the City would like to achieve and maintain at each basin. For example, in some of the basins in the industrial parks, the goal may be to allow cattails to cover a small percentage of the safety shelf. However, other basins that are more visible to the public, such as the Oshkosh North High School Area Detention Basin, may have goals that would eliminate the presence of cattails, and may be required to have a higher percentage of colorful fortis. B. Assess the degree that the existing vegetation at each facility conforms to the established vegetative goals for the basin. Irl Eng1reoJngl5toarm Water Information\City Ntention Basin lnsMWn Folderl Vegetation AlPage 2 Of 3 aintenancel2t11611 raft Prop Summary of Cult Breakdown_8-24-I[dnX C. Assess the degree that the existing vegetation at each facility is made up of the seeds and plants that were specified in the design of the basin. The assessment shall not be an inventory of the number of each species present, but rather a qualitative description of the amount of"native"vegetation present. D. Develop a multi-year program to manage the vegetation at each basin that will limit the presence of undesirable plant species and encourage the growth of desirable plant species. The Consultant may suggest modifications to the City's vegetative goals that reflect more achievable expectations. The multi-year program shall include cost estimates the City will use for budgeting of the activities, a description of the services to be contracted, a schedule of the year(s) the activities will be undertaken, and the time of year the activities should occur. The Consultant shall provide an aerial photograph(s) or a map(s) for each basin, delineating the areas of where activities are to occur. P. Provide instruction and written criteria the City may use to determine annual progress toward achieving the vegetative goals. F. Review the findings and recommendations of the Vegetative Maintenance Program with City Project Manager. Consultant shall revise the multi-year program based on comments from the City. G. Provide an evaluation of and recommendations for modifications to the seeds and plants the City uses in the design of storm water detention basins. The evaluation and recommendations should be based on the Consultant's field observations of seeds and plants that have successfully germinated at the City's storm water detention basins and the Consultant's professional experience and judgment. I:\EnSIwring\StormJVaJcr information ICity Detention Basin Inspection Folder\Vegetation Page 3 Of 3 \faintenance\2016\&cdrn(t RFP 6-22-16\Scope of:fire&Prop Summary of Cost Bnvkdw on_H-24-16.do x Proposal Summary of Cost Breakdown Cost of Service Summary by Task Task Estimated Estimated Total Hours Cost A. Review Management Goals B. Assess Conformance to Established Goals C. Assess Success of Design D. Develo Multi-Year Program E. Provide Criteria for Measurin Success F. Review Multi-Year Program with Cit G. 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'.. - _> 3�,.y. :;Thr ��TY-Ck1 -�3. � S'.• �/ r �WFW�µy i`yb' sL - € As Ma WE- a s f1 ���s; • ,- O ,r 1 3; a A=A '• `�, -�� r � '�5i�-ks�,�. � 7 �°'t sig. ii $ a ��x ` - ��a�c0 U,3 Yh �''_ � &fi, �fitdC0 AGREEMENT This AGREEMENT, made on the day of 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONSULTANT'S NAME address 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 STORM WATER DETENTION BASIN VEGETATION MAINTENANCE PROGRAM. ARTICLE L PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Name—Title 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 shaII be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY RE PR ENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: John Ferris,P.E.--CiviI Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for Proposal. 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. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. 1:1 Flnecrtng�5tarn11Yater Itlfornulion5 City Ih tentWn Basin Inspectlon Pokier♦Ve$elallon AlaintcnanC620161RniraftRFP 6-22-164BIankCmrentAgmementForm 8-24.16.docx Page 1 of 6 t 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 duality 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 shaII 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. 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. 1:1 Enginecriag\Slorm Water Informalion\City Detention Basin Inspeclion Folder\Vegetation .Yealntenaixe\20161 Redraft RF1'G-22-10111ank Current Agaenlent Form-8-24-16,00,'X Page 2 of 6 e 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. 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 CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. 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,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 CITY'S Request for 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 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 fully a part of this AGREEMENT as if herein set out verbatim,or if not attached,as if hereto attached: 1. This Instrument 2. CITY's Request for Proposal dated August 24,2016 and attached hereto 3. CONSULTANT's Proposal dated 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. k\Enginecringk5torm Water LiformellonICity Detention Basin Bispeciion Folder%Vegetation Malnlenance�2076\Rodraft RFt'6-22.16SBIank Cormnt Agmentcnt Form_8Q4-16.dooc Page 3 of 6 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 { Dollars). • Attached fee schedules 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. D. Indirect Costs, Induect 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. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT,his/her agents or assigns,his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation,and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the elate of 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, Iosses, costs, damages, and expenses of every kind and description 1:S Engineering\Storm Water htformallonCity Detention Basin 1mMfion Fokier�Vegetation N1alntenattce\2016MJraft RFP 6-22.16\BiankCurrent Agreement Fomi_8-24-16. G" Page 4of6 i (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 XIV. INSURANCE The CONSULTANT agrees to abide by the attached Cihj of Oshkosh Insurance Requirements. ARTICLE XV. 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 XVI. RE-USE OF PRO ECT 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. 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 XVII. SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend,delay,or interrupt the services of CONSULTANT for the convenience of CITY. In such event,CONSULTANT's contract price and schedule shall be equitably adjusted, 1:NEngineedflg�storm Wafer 1zifornwion�City Detention Basin 11tspcclion Folder\Vegoation Page 5 of hlaintenance\2016`Redraft RF€76-22-1602ankCurrent Agreement Form_$-2#-16.doex ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT By: (Seal of Consultant if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By; (Witness) Mark A.Rohloff,City Manager And: (Witness) Pamela R.Ubrig,City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. City Attorney City Comptroller f:l Engirkcxinglstonx►Yatcx fnfv7mafianlC ty Detent on Basin fn5pection Folz{er5 Vegetation 1%1a1nt¢naaoa 120161 Redraft RFP 6-22-16y Blank Current Agreement Form 8-2.1.16.do,c Page 6 of 6 4/14114 CITY OF OSHKOSH INSURANCE REQUIREMENTS Ill, PROFESSIONAL SERVICES LIABILITY INSURANCE REQ The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is Primar coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,0013,000 general aggregate (4) $2,000,000 products—completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The jeneral aggrionnfaMlst--Plly se crate[ to{his ro'ect/lacation 3. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol#1 - "Any Auto"—including Owned, Non-Owned and Hired Automobile Liability. III - 1 4114114 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY— "If'$ required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $900,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease--Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of$2,000,000 each occurrence and$2,000,000 aggregate, and a maximum self-insured retention of$10,000. 6. ADDITIONAL. PROVISIONS A. Acce tabilit of Insurers - insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Professional Liability, Workers Compensation and Employers Liability, C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk —City of Oshkosh. 111 - 2 a CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RiGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN$URER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policypes) must be endorsed. If SUBROGATION 1S 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 Insurance Agency contact NAME: fntormatlon,lncluding street Insurance Agent's ANONE address and FO Box if contact lnrormatfon. iAX applkable. (A1C.ko.Ext}: C.No):_., E-MAIL .. -- ADDRESS: INSURER S AFFORDING COVERAGE NAIC d tksURERA: ABC insurance Com an NAIC# INSURED lnsured's contact lnformetlon, Inctuding name,address and INSURER B: XYZ Insurance Company NAIL# phone number. INSURER c: LMN Insurance Company NAIC# INSURER D: lnaurer(aJ must heva a minimum A.M.Best rating atA- and a FlnanclatPerformance Rating of W orbetter. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RHSPECT TO WHICH THIS CERTIFICATE AMY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBYPEOR POLICYI=PF POLICYEXP LTR TBILITY NSURANCE INSR WVD POLICY NUMBER (MWD 4WDDN LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 ®COMMERC.ALGENERAL LIABILITY ® ❑ GeneralLiabr7ilyPoficyNumber Poky ehecWoand expva!londate, DAMAGE TO RENTED S{Ea occurrence) $50,000 A ❑CLAIMS-AWDE�OCCUR PREMISE MED EXP(Any one person) $5,000 ® ISO FORPA CG 20 37 OR EQUNALENT PERSONAL&ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMPIOP AGG $2,000 000 POLICY ®JET❑LOC AUTOMOBILE LLARILJTY $ COASBINED SINGLE LIMIT Ea acddent $1000000 m ANI'AUTO ® ❑ Aufo LlabtlifyPolkyNumber Pobr ya7edhv and e o .epfetdondafe. BODILY INJURY{Per person) $ A ❑ALL OWV OULED AUTOSS BODILYINJURY(Peraeddenp $ ❑HIRED AUTOSAUTOS NINEO PROPERTY DAMAGE ❑ (Per acddent) $ UMBRELUR ❑ EACH OCCURRENCE $2,000,0OQ A ❑EXCESS AJh45'AVIDEUmbrella L1aWkyPolky Number PoScyeftsWV0 endaxpYst7an date. AGGREGATE $2,000,000 DED 1O,QQ0 $ G+ WORKERS COMPENSATION ❑ ❑ WG STATU• OTH- AH6 EMPLOYERS'LIABILITY ®TORY LIMITS Eft ANY PROPRIETORlPARTNERlEXECUTNE OFFICEIMEMBEREXCLUDED? YIN Workers I £.L.EACHRGCiDENT $10Q,000 (MandatotyInNH) N CompensattronPorcy PW,;yeffec(veaadoxn.Satlondafe. If yes,describe under Number DESCRIPTION OF OPERATIONS below E.L.DISEASE—EA EMPLOYEE $100,000 A PROFESSIONAL LIAt31LITY E.L.DISEASE—POLICY LIMiT $500,000 $1,000,000 EACH CLAIM ProtesaonafflabwkyPorcyPacyetfecflveanrlaxpkaiondate. $1,000,000 ANNUAL AGGREGATE Nrrmher DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,Ir mare apace Is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk insurance Standard/// SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church PO Box 4130 venue SAMPLE CERTIFICATE ACCORDANCE WITHE EXPIRATION TH 7H13 POLICY PROVISIONS.EOF,NOTICE BE DELIVERED IN Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988-2090 ACORD CORPORATION. All rights reserved. ACORD 25(2010105} The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orme s ; Locations Of Covered Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage"occurring after; 1. Your acts or omissions;or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project(other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this cedificate is or, CG 20 10 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 13 I ' POLICY NUMBER: Policy COMMERCIAL GENERAL LIABILITY GG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section 11 -- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this ce!rtificate is for. CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 E3 mpg", J' r " ■ E IIIIIL,, . . m Emumt -%am APPLIED ECOLOGICAL. SERVICES SPECIALISTS IN ECOLOGICAL SCIENCE,RESTORATION,MANAGEMENT,AND RESEARCHRV'.c.-IVF'., 17921 W SMITH ROAD PO BOX 256• BRODHEAD,WI 53520 {608)897-8641 f September 7, 2016 J)L P T Or 1'C1I3I.,I� 11"orE}« C)SCIKOsiI, �yfSCC7 S r Mr.John Ferris City of Oshkosh Department of Public Works 215 Church Avenue, Room 301 Oshkosh,WI 54903-11.30 Re: Proposal for Storm Water Detention Basin Vegetation Maintenance Program (AES#16-0836) Dear Mr. Ferris, Vegetated storm water detention basins provide important water quality and flood control functions, as well as habitat for wildlife, and in some cases,a beautiful amenity for the community. We understand and appreciate that the City of Oshkosh recognizes that while all detention basins require some maintenance and management to function properly, others deserve additional attention to maximize aesthetic and habitat benefits.This all costs time and money. It is therefore imperative to understand the goals and existing condition of each facility, and then develop budgets, schedules and prioritization plans for implementation. Applied Ecological Services (AES) is intimately familiar with this process, as well as working with City staff for efficiently completing work. In fact,we have been doing exactly that for the City of Appleton's storm water detention facilities since 2005.And in our opinion (as well as the opinion of friends and colleagues at the Fox-Wolf Watershed Alliance),Appleton has been a model for doing it well. We would look forward to sharing our expertise with the City of Oshkosh.We are a hands-on firm consisting of consulting scientists and applied restoration practitioners that complete work on the ground, supported by one of the largest native plant nurseries in the Midwest.We have the knowledge, and real-life, hands-on experience at generating accurate cost estimates and realistic implementation plans. We would be pleased to serve the City of Oshkosh in this worthy endeavor. Please call with questions. Sincerely, e7 Mark J. O'Leary Principal Ecologist,Applied Ecological Services www.appliedeco.com APPLIED ECOLOGICAL SERVICES PROPOSAL forthe City of Oshkosh Stormwater Detention Basin Vegetation Maintenance Program PROJECT TEAM KEY STAFF Mark O'Leary, Principal Ecologist,will serve as Project Manager,and client Point of Contact, He will be assisted by Dr.John L. Larson, Principal Ecologist, both located in AES' Brodhead,Wl office,and Josh Kraemer,Construction Manager, located in our Brillion, WI office. As consulting ecologists, both O'Leary and Dr. Larson have decades of experience with natural resource inventories and assessments, botanical studies, natural area management planning, stormwater management planning and park planning. Each have conducted exactly this type of project, including for the City of Appleton which has been a client since 2005 for annual stormwater management and detention basin monitoring and management. Asa construction manager, Kraemer has led the field crews in Appleton's naturalized detention program since 2005, and has conducted dozens of similar projects throughout Wisconsin and the U.S. Resumes describing related project experience are included in the Qualifications section. UNDERSTANDING OF ASSIGNMENT and SCOPE OF WORK We understand the City of Oshkosh is soliciting proposals from qualified firms to assess specified detention basins in the City, and provide recommendations for improving the basins to meet City goals. The contractor will evaluate 17 basins which vary considerably in use, condition,design and age. One basin also serves as a turf athletic field. Some are new(1 to 3 years), others are older. Some were designed to incorporate native plants, other do not.The vegetative condition of each basin varies,as do the goals for the basins. It is understood that some high profile basins should maximize habitat and aesthetic benefits, and others simply need to maximize water quality and flood control functions. Each basin will be evaluated and summarized into a Plan that addresses the following: • City goals for each basin. • Existing vegetation at each basin in terms of how well the basin is performing per City goals.AES will pay particular attention to the extent of weedy vegetation and invasive species. • A maintenance/management plan for each basin, including implementation schedule and budget. • Performance standards against which to measure progress toward goals. In addition,AES staff will: • Work closely with City staff to clearly understand City goals in terms of preferred plant communities, erosion, basin hydrology, aesthetic and habitat considerations, and efficacy of inlet and outlet structures, • Closely review plans for each basin to understand the initially proposed planting plan, as well as physical realities such as topography, hydrology, and surface flows. • Work closely with City staff to clearly understand and be responsive to City processes and procedures for implementing management measures. Specifically,AES will perform the following Scope of Services: A. Review Management Goals.AES will attend a kickoff meeting with the City's Project Manager to understand and articulate the vegetation cover goals for each basin. In preparation for this meeting,AES will: a. Collect/Review Base Information. Review the design for each basin in terms of hydrology(normal pool, flood stage, depth and duration of inundation under various storm events), topography,and the design and sizing of inlets and outlets. Please note that AES' ability to review this information will be contingent upon information provided to AES by the City. b. Develop Base Maps. Develop base maps for each basin that includes the existing topography based on the design or as-built topography(if available and provided in CAD to AES) superimposed on a high quality aerial photograph. This kickoff meeting will occur on the same day as the commencement of field activities. Deliverable: Base Maps as described above. Meeting minutes. B. Assess Conformance to Established Goals, AES will assess conformance to established goals by mapping the extent of existing vegetation, quantitatively describing, and photo-documenting vegetation. These assessments will be compared to established goals and summarized in a brief memo for each basin.AES will pay particular attention to delineating invasive weeds, and other areas that require management. Deliverable: Field Maps and Field Memorandum C. Assess Success of Design,AES will generate a species list for each basin that will be compared to the species list specified in the design.The abundance of each species encountered will be qualitatively described using the categories: Ubiquitous,Abundant, Common, Uncommon, and Rare. Please note that this task does not include quantitatively measure plant abundance using transects and quadrats or some other quantitative measure. Deliverable: Field Notes and Species Table comparing existing plant species composition to designed species composition. D. Develop Multi-Year Vegetative Maintenance Program, AES will draft a Vegetation Maintenance Program for each basin that consists of the following: a. Goals. Summarize the vegetation goals of each basin. b. Management Zones. Each basin will be delineated into management zones for specific treatment. Maps described above under Tasks 1b and 2 will be the base maps. c. Management Activities. Written management activities will be developed for each Management Zone. These activities will include: L Maintenance and Management activities that likely will include: herbiciding, mowing, and/or prescribed burning. H. Remedial activities such as replanting or seeding with an appropriate species mix based on AES'experience as well as our evaluation of what species have or have not successfully germinated. d. Budget and Schedule.A budget and implementation schedule will be developed for each basin. Deliverable: Draft Management Plans, E. Criteria for Measuring Success.AES will develop vegetation performance standards as the criteria for measuring success. The performance standards will be expressed in terms of overall vegetation cover, minimum percent cover of native species, minimum number of specified native species observed, and maximum percent cover of weedy species. Deliverable: Memorandum summarizing above. F. Review Multi-Year Program with City, AES will review the Draft Multi-Year Vegetative Maintenance Program described above with the City Project Manager. Plan will be revised to incorporate City comments. Deliverable: Meeting Minutes. G. Recommend Modification to Planting Specification.AES will use our judgment and experience to revise planting specifications for each basin as appropriate to meet goals, Deliverable: As described above. H. Project Management. AES will be accessible to the City throughout the duration of the project on an as-needed basis to facilitate clear, consistent and regular communication. Deliverable; Minutes from calls, emails or other correspondence. FEE SCHEDULE Task Estimated Cost Hours A. Review Management Goals 41 $6,000 B.Assess Conformance to Established Goals 32 $5,200 C.Assess Success of Design 8 $1,500 D. Develop Multi-Year Program 40 $5,600 E. Provide Criteria for Measuring Success 4 $800 F. Review Multi-Year Program with City 12 $2,500 G. Recommend Modifications to Planting Specification 8 $1,500 H. Project Management S $1,500 Total Cost $24,600 PROJECT TIMELINE Task October A. Review Management Goals November December B.Assess Conformance to Established Goals C.Assess Success of Design D. Develop Multi-Year Program E. Provide Criteria for Measuring Success F. Review Multi-Year Program with City : G. Recommend Modifications to Planting Specification H. Project Management � fir- �• M` �3 ?Its r "Yx y 1 e s �. / 3. � t.: W T r ✓ r: _ .. IREA ! v' Y� 4 +G. A, r APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration, Management,and Research Abut Us AES was established in 1978 by founder and owner Steven 1.Apfelbaum, an ecologist who has built a reputation as one of the country's leading ecologists. In the 1970s and 80s,Apfelbaum's earliest projects 5 were groundbreaking remediation projects for which he designed reclamation { plans and invented new techniques for implementation. Because no source existed for native seed and plants, he collected native grass and forb seed in the wild to establish a nursery that was capable of producing vegetation materials . to accomplish his reclamation plans. Over the last 35 years,ABS has grown into one of the nation's most respected ecological services companies, with a staff of 120 and offices in Wisconsin, Illinois, Minnesota, Iowa, Kansas, Pennsylvania and New York. Consulting and design services work in collaboration with our experienced ecological contractors—playing a key role in implementing on-the-ground ecological projects. These two divisions are backed by our nursery division--Taylor Creek Restoration Nurseries—one of the largest, most diverse native seed and plant nurseries in the U.S. At AES, we seek to design landscapes with an infusion of serious ecology. ABS concepts of eco-functional site design rest not only on the time-honored precepts of landscape architecture but they also draw from the wellspring of ecological science and the Land Ethic espoused by Aldo Leopold. www.appliedecoxom APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration, Management,and Research Comprehensive c l ical Services Consulting Design—Research--Regulatory * � • Ecological Restoration Design, Planning and Management • Ecological Research,Assessment, Inventory,Analysis and Monitoring •Mine,Quarry and Land filVBrownfield Remediation Planning •Site and Regional Master Planning t 1, • Environmental and Water Resources Engineer f ��, � , _ • Ecological Landscape Architecture •GIS Services and Mapping x`.' • Regulatory Permitting •Public Process and Visioning h!` •Comprehensive Welland Services ` ""`" "j f •Wildlife Studies and Management •Threatened and Endangered Species Studies •Streambank and Shoreline Stabilization a •Stormwater Management Design =r •Sustainable Development Services k • Environmental Legal Discovery and Mediation - Contracting Construction--Management—Maintenance k _ •Comprehensive Design-Build Services •Construction Management • Restoration and Phytoremediation Planting •Shoreline,Streambank and Slope Stabilization •Native Nursery Construction � :_ • Native Landscape Installation ;; . • Prescribed Burning • Prescribed Herbicide Application Restoration Nurseries Seed&Plants--Research—Expertise • Native plants and seed F • Native trees and shrubs •Modular/native green roofs t "E :r •Specific genetic provision • Propagation of locally sourced seed and plants •Custom grow •Contract grow •Experimental propagation •Nursery consulting • Plant rescues • Nursery desigrvbuild www.appliedeco.com APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration, Management, and Research Consulting At AES, we seek to design landscapes with an _Tinfusion of serious ecology. AES _._.........._.__� .....__ concepts of eco-functional site r design rest not only on the time- '. y . honored precepts of landscape architecture but they also draw from the wellspring of ecological science and the Land Ethic espoused by Aldo Leopold. Who We Are Our staff of planning consultants, experienced scientists, project managers and restoration practitioners is adept at tackling difficult and unique environmental problems on a variety of scales.AES has been the principal consultant in many complex, large-scale planning and site remediation projects, including creative developments and beneficial reuse projects that have drawn national acclaim. Our Approach Part of the AES success springs from our turnkey Ecological Systems Approach, used in virtually all projects to identify desirable opportunities and overcome obstacles that could preclude achieving consensus goals. This approach is unique in planning projects in that it integrates ecological science with all other aspects of planning to significantly enhance outcomes and implementation. www.appliedeco.coni APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration, Management, and Research Coniracting AES has been restoring and managing native ecosystems for almost 30 years. We perform only ecological contracting and restoration. "Ecological Restoration" is a general term that encompasses many different F techniques and approaches aimed at g restoring ecological health to the land. Often, these techniques and approaches have to be customized and adapted to unique circumstances. We have learned these specialized techniques over many years and hundreds of projects. We pride ourselves on having the determination, passion and creativity that guarantees successful projects at any scale. Qualifications • Over 25 years of ecological restoration and reclamation experience • Practical techniques, materials, equipment,job planning and cost control requirements • High-quality standards • Timely project implementation, •Valuable design and engineering input • In-house design-build capabilities • Strong, long-term working partnerships with national earth-moving, contracting and consulting firms • Specialized field crews supported with expert technical support from project ecologists and landscape designers • Supplied with native seed and plant materials from Taylor Creek Restoration Nurseries, our 400-acre prairie and wetland nursery www.appliedeco.com APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration, Management,and Research to Nursery Services Why do we call ourselves "restoration" nurseries? rY_ Simply put, it's a tip of the hat to a respected couple in our world: Mother Nature and Father Time. Prior to European settlement, our land was covered in prairie, savanna, woodland and wetland. Today, when we plant prairie, for instance, we plant it where it was prairie long ago. So, in truth, we are restoring it. Taylor Creek Restoration Nurseries With three decades of experience growing, harvesting and preparing seed, plants, shrubs and trees, Taylor Creek Restoration Nurseries (TCRN) produces the highest- quality native, local-genotype seed, plants and trees available. Our seed is typically collected within a 150-mile radius of each of our nurseries. We track seed origins diligently and c carry more than one genotype. Most of our seed is nursery- grown in beds started from seeds collected ethically on Ml� w = native remnants. yv We still do some wild seed collection to preserve and promote diversity, by contract with landowners, but our Policy is to collect only a small portion of the seed present. Additionally,we provide ecological management including invasive species control on these sites to ensure remnants remain healthy and viable. We also specialize in local genotypes, so please call us with specific origin needs. www.apphedecoxon) APPLIED ECOLOGICAL- SERVICES Specialists in Ecological Science, Restoration,Management, and Research Mark J. O'Leary, M.S. Principal Ecologist t' SUMMARY OF EXPERIENCE Mark is a principal ecologist with over 20 years of ecological consulting experience including natural areas assessment and management,river and stream restoration, and master planning of watersheds,sustainable design,and greenways. He provides scientific and project leadership on environmental planning and design,mitigation,and permitting. He has designed and implemented numerous ecological restoration and mitigation plans for wetland,prairie,woodland,and savanna communities,and he has conducted hundreds of national resources assessments and wetland delineations for '.' clients throughout the country.Mark understands he regulatory environment and works well with regulators.He is particularly adept at facilitating solutions and resolving conflicts involving natural resources. His facility in building consensus based in science has provided the basis for successfully navigating difficult state and federal permits. - SELECT PROJECT EXPERIENCE Binary Ranch Master Plan and Wetland Strategy,Quinlan,TX.Master planning for a new, ,000 residential lake development.Project in dudes site planning and design, wetland delineations,and evaluation of streams and wetlands for mitigation planning. Caesar Creek Marina,Warren County,OH.Design and engineering for a new waterfront park,marina,and manna facilities.Permitting and mitigation including stream ;rte and wetland restoration and creation of vernal pools.Designed spawning and foraging habitat structures for fish. Chicago Park District Northerly Island Framework Plan,Chicago,1L.Part of multi- disciplinary team that crafted a vision and implementation strategy for Chicago's 91-acre ® downtown lakefront park.The sustainable park will balance environmental,recreational, and educational elements and indudes he design of a freshwater reef. Hatton Sumner Wetland Review,Arlington,TX.Pemnitting and master planning for •, •• • transit-oriented development including a new train station. Included natural resource . • : • - - , „ assessment,master site planning,trail planning,TXRAM evaluation of streams and wetlands,and 4041409 permitting and mitigation planning. Loyola University Retreat and Ecology Campus,IL.Campus framework plan for a newly acquired 90+acre site.The property,which lies within the Fox River watershed and headwater to the Parker Fen,contains natural features identified as priorities to serve he college's ecology and biology curricula. Milwaukee Forest Exploration Center,Milwaukee,WI.Site master planning • and implementation of site circulation and stormwater systems to enable he future development of classroom and workshop facilities.The Center is a 70-acre mature forest,one of the largest contiguous examples in Milwaukee County, • • ®° • Virldtan,Johnson Communities,Arlington,TX,Master plan and design of new • development incorporated open space and park planning and design,wetland ► upland ecological restoration,stormwater master planning,and permitting.Facilitated development of Natural Resources Management Plan forAudubon International resulting in Viridian receiving the first gold certification in Texas. • ► Johnson Creek Restoration Plan and Design,Arlington,TX.Led a multi-disciplinary •• a•0 lip team to prepare designs and permit applications,and provide construction oversight for Phase I restoration of a two-mile-stretch of the creek. •i • ••` ►�` High Line Park,New York,NY.Completed ecological assessment and developed conceptual ecological restoration goals to convert an elevated abandoned rail line in Manhattan into a park. Carrington Reserve,Pulte,West Dundee,Illinois.Assisted with site layout and e w ® conservation design;completed ecological assessments and restoration plans for Jelkes Creek and associated fens;prepared restoration �• • with plans for 100-acre open space area; oversawand ulginstaIatibrush fascinesand tp pools.Assisted fenn groundwater recharge investigation and the • design of infiltration strategies and BMP stormwater practices. Raceway Woods Ecosystem Partnership,Kane County,Illinois.Prepared master • • «, ,, • restoration plan for 300+acre site;solicited grant funds;assisted in obtaining grant monies;prepared woodland,creek,and fen restoration plans;and oversaw restoration and construction. www.appfledeco.com APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration, Management and Research John Larson, Ph.D. Principal Ecologist SUMMARY OF EXPERIENCE Dr.John Larson has over 23 years of professional experience in ecological restoration and management planning and design,as well as in wetland delineations. His work not only addresses the flood control aspects of stormwater management,but also water quality enhancement and groundwater recharge benefits not normally possible with conventional designs, Dr. Larson's experience includes floristic analysis, land cover type mapping,threatened and endangered species investigations and ecological design. He applies this experience to restoration design, natural resource inventories,wetland determinations,wetland mitigation,wetland permitting and design of detention/retention/infiltration systems for stormwater management and treatment. Larson has completed over 250 wetland delineations throughout the US and has prepared over 900 annual reports for wetland mitigation projects. SELECT PROJECT EXPERIENCE Bay View Wetland Restoration.Milwaukee,WI Pennsauken Outfall Repair,Design/permitting. Pennsauken Township, NJ 11 a_ Lafitte Corridor Revitalization Plan.Lafitte, LA .;. Seneca Meadows Landfill Mitigation&Wetland Restoration.Waterloo, NY Vernon County Landfill Wetland Design&Master Plan.Viroqua,WI Mississippi River Museum.Lead ecologist for outdoor wetland exhibit design.Dubuque, IA • ® ® ®• a Seneca Lake State Park Restoration.Geneva, NY • Northwestern Memorial Hospital.Ecologist for the native landscaping, wetland permitting&mitigation, Lake Forest, IL • „ , First Energy Little Blue Run Dam Impoundment Closure.Site assessment &re-use plan.Shippingport, PA ` ` • Autumn Lake.Conceptual design/stormwaterdesign. Madison,WI ® Cherry Valley Wetland Mitigation Bank.Design/permitting for Northern IL Wetland LLC.Cherry Valley,IL International Crane Foundation Whooping Crane Exhibit Design. • • f Ecologist for design and plant species selection. Baraboo,WI City of Muskego Ecological Assessment/Management Plan.Lead 1 - • . .. - • . Ecologist. Muskego,WI City of Dixon Riverfront Design Team,Lead Ecologist. Dixon, IL www.appliedeco.com APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration, Management, and Research Josh Kraemer Construction Manager SUMMARY OF EXPERIENCE �l Josh Kraemer has experience in managing and building projects for the installation of native plant materials in areas ranging from formal native landscapes to restorations in wetlands,prairies,bogs,savannas,dunes and woodlands in Iowa,Illinois,Minnesota and Wisconsin.Starting as a Crew Foreman forAES in 2005,Kraemer became a Project Manager in 2008 and, since 2011,a Construction Manager responsible forAES'Appleton,VVI,office. He directs crews working on projects throughout the state and surrounding areas including multiple remediation sites classified as Great Lakes'Areas of Concern by the U.S.Environmental Protection Agency.He has also led crews conducting selective woodland restoration activities,including brushing, bioengineering techniques,erosion control,large plant installations and herbicide application to control invasive,non-native species. Kraemer is also an experienced equipment operator. SELECT PROJECT EXPERIENCE Appleton Native Vegetation Restoration.Alternative ston-nwater implementation and management.Appleton,W. ® Sheboygan RiverArea of Concern Habitat Restoration.Sheboygan,Wl. . Guardian Pipeline.Invasive species control in various Wisconsin DNR .• regulated wetlands, Ixonia,W. i Aurora-Grafton Medical Center.Installation, planting and management of natural areas. Grafton,WI. Midwest Remediation Project.Restoration and bank stabilization using a variety of bioengineering and erosion control techniques.W. Reach 1 Habitat Improvements.Glenview, IL. Glacier Hills County Park.Invasive species control in sensitive areas with F threatened and endangered species. Richfield,WI. Chicago Park District Natural Areas.Managing,maintaining,and new a• - • • construction installation of natural areas including dune restoration.Chicago,IL. e , , Lake Forest Cemetery Ravine Restoration.Restoration and bank • stabilization using a variety of bioengineering and erosion control techniques. Lake Forest,IL. •-1 h • Metra State Line Wetland Mitigation.Aquatic planting,herbivory protection, maintenance and management,Antioch,IL. Carrington Reserve Conservation Development.Invasive species control in a federally protected fen wetland.Carrington,IL. South Milwaukee School.Implementation of restoration planrnvasive species • control(in federally protected areas)for Rawson's Woods,a fragmented Beech Forest unique to southeastern W.South Milwaukee,WI, wvnv.appliedeco.com APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration,Management and Research IN City of Appleton Native Vegetation Restoration and Management In 2005,the City of Appleton wanted to pursue alternative stormwater management solutions. The City retained AES,experts in stormwater management,native vegetation,and shoreline restoration.AES Contracting crews installed native vegetation in eight detention ponds and maintained and monitored 34 stormwater facilities to increase native diversity, improve aesthetics and improve the overall water quality of the City. Over the course of the project,our crews have installed thousands of native plugs and seed to increase the species diversity of the areas.They also have installed shoreline erosion control treatments such as coir logs and erosion blanket to help establish new plantings and buffer them from dynamic water k fluctuations that are typical of urban stormwater facilities. In addition, our k crews are responsible for the seasonal maintenance for each of these new and existing plantings. Routinely they inspect,assess and apply various techniques to enhance the quality of the ecology of each area. • Standard practices include prescribed fire,spot herbiciding of exotic ' invasive species and mowing exotic annuals. 1 k •i l T i� An important aspect of the project is education and outreach to area residents.AES crews often speak with and teach local homeowners about the projects and the benefits of maintaining native vegetation for �a r water quality projects. a , 4: i" .A. www.appliedeco.coni LAND & WATER MAGAZINE ✓ S r>`:- - �.z�" �-`' ':��c� '��/�,c'�� --��'� r ��'� ���a "' *ter-�'3 f r v, / ✓ ''; i �r�'a'�`.�-a""» ,�-. "" .r --�y✓.,� "/"rte_ x r- r"ti- ,r i' r r �.;;, ./ �«,,^�„-�,, r✓�.:�'- � ._r a-�`"�uy-_ �„� r r my w Yw �l r �"` ;�..+-..x, ,n '� r',,,n'-�',,�' fes'a-q:..✓r�° ;' � �'' " > z`'"' s �A � F i z , r v ✓ n ✓ 1- i e access to the natural areas that buffer the ponds, as in the case with the Ballard s Road and Holland Road facilities. 17tese 30f acre pond and upland buffer . v, �.. facilities are linked b Apple Creek and the sinuous paved walking/biking/roller- blading trail that follows it. � 34 We're managing p r stormwater management areas today, vegetated with native prairie and wetland species, and we're building three more facilities this year,"said Peter " Neuberger, P.E.,civil engineer for the k City of Appleton Department of Public Works. These landscapes are interesting and beautiful. NVe like w the concept that we're providing pockets of biological diversity—both Project Manager,Josh Lapointe stands next to the tall wetland vegetation that in vegetation and wildlife—within an surrounds the detention ponds in the city of Appleton,Wl. urban area. From our trail system,you Bobbing and Gapping on the pond, stormwater management pond,alon can see herons and waterfowl and other two pair ofbufllehead ducks lift off the with a significant buffer area,vegetated interesting wildlife. Its something water as you walk toward the shore. with native prairie and wetland You re not used to seeing in an urban They're decorative and uncommon area. Something that people living communities. in the city might not otherwise get a especially in a city.A muskrat ripples Today,Appleton has more than " into her shoreland home beneath the opp chance to see. 30 regional stormwater management bank, facilities with ponds and upland buffers Bluebirds flit by and raucous and bioswales that move surface water Challenges in Appleton redwing blackbirds protest. The redtail away from developed areas into natural Appleton,Wisconsin,with hawk watches from above and a pair of waters. These not only manage the its northern climate and clay soils, sandhill cranes stalk warily at the far end volume of stormwater but also improve presented ecological challenges of the long waterway. Western chorus water quality, recharge groundwater to establishing native vegetation frogs go silent as you approach. aquifers...and create wildlife habitats communities in stormwater Here,in the City of Appleton, and beautiful places and natural management facilities. The city, ill fact, Wisconsin,stormwater management is environments people enjoy, is on the northern edge of the historic different. Places to see buflleheads, prairie region, sandhill.cranes, bluebirds and hawks. "They've got dense, heavy Stormwater Management, clay soils,so we've developed different Naturally Parklands,Really seeding mixes for them over the years," No, they're not creating a Sometimes,we call theselaces said John Larson,Pll.D.,a senior Northwoods Resort. Flood reduction "parks". In Appleton, they call them ecologist with Applied Ecological Services,Inc, and stormwater management is the Ballard Road Pond and Holland Road ter m which manages the main issue,of course,just like in your Pond,and other road-oriented names, city's srortnwaer management facilities. community. Specifically, their function is not to "Ill the upland prairie buffers, But the City of Appleton be a"park". It's to be a stormwater the forbs (wildflowers)have done better has embraced a "living with nature" management facility. Many, however, than the native grasses which just mindset that blends multiple benefits serve the dual purpose of public access take longer to get established. That's into the engineering of its stormwater parklands that contribute to the city's unusual. management system, open space natural areas. But the clay soils hold a lot of In the mid-90s— I994-1995— moisture and stay cool longer, especially When possible, they're in the spring,so they tend to favor cool- die city chose to build its first regional connected with trails that provide public season grasses and it can be later in the Lnjtd &Watev Magazine While in the field,AES crews have found ample opportunities to s interact with neighbors and the trail- walking public—nearly always receiving positive feedback—and these have been valuable opportunities to help with the Arm. education of the community,said AES j contracting division manager Joshua Lapointe. "Our long-time relationship with the city has also allowed us to walk the properties with city staff and help educate them about the species,and the ` process of installing and maintaining the y landscapes,"Lapointe said. "The staff interaction was important to show them what we were doing and how it works, ,- which in turn allowed them to educate _ their constituents. It's something I've Contracting crews use coir(coconut fiber)logs to stablize the shoreline. tried to emulate with other clients on other projects." season that the native grasses gain an because we've learned that,we're better Lessons Learned advantage." able to provide realistic expectations to Because of the clay soils and our residents. Early on, Lapointe said,AES cool climate,AES has recommended "There's definitely an found that the C350 erosion blankets installation of higher rates of grass seed educational component to this being specified were too heavy to allow for the prairie buffer areas than would approach, because it can easily take the native seedlings to break through, be normal. five years for the native landscapes so he recommended a thinner blanket "The wetland emergent plants to really look good. We've learned that would hold the soil until the have established really well—because how to execute our projects to get deep-rooted native plants took over and of the nutrients bound up in the clay quick establishment,without a lot stabilized the soil. soils," Larson said. "We plant them in of competition from the cool-season Seed mixes have also been July/August,and by the next year they're species so they don't look like a weedy modified to overcome the challenges dog-hair thick. The only problem, mess,and we find the neighbors are posed by the dense soils,and to beef really, is muskrats.So we cage those pretty accepting of the approach." up the content of colorful wildflowers plants during the establishment period. An important lesson the city which adds much appreciated aesthetic Wildlife habitat, in fact, is one of the has learned is that simply planting appeal,according to Neuberger. goals." prairie and wetland species,and walking When muskrats first invaded away without ongoing maintenance, is the pond environments and began Establishing Vegetation...and not a formula for success. Since 2005, damaging the wetland emergent plants, Expectations Appleton has contracted with AES to AES started caging the shoreline plant conduct monitoring and maintenance communities to protect them. This has We re a little far north,„ worked well to prevent damages from said Neuberger, "so there is greater of their stormwater management P g competition from cool-season species facilities. The work includes installation goose predation,according to Larson, persistent muskrats still th e hilw d and we have to make sure we prep the of seed,plants and erosion matting on anp site by herbiciding and tillage to get new sites,and prescribed burning,spot do some damage, the practice has hel ed. those competing seeds out of the matrix. herbiciding and mowing on established P We've got a pretty good track record on landscapes. "The muskrats like the This year,weather permitting, emergent vegetation zones, but the that. AES expects to burn more than 90 acres problem is really more of a challenge "We've been doing this for several years now,so we understand of prairie,according to AES project to us rather than it being viewed manager Josh Kraemer,while managing negatively by the public,” Neuberger that the cool,wet clays prolong the roughly 120 acres in all. said. "Different people interpret the establishment of native plants,and Latus &Watet,Magazine wildlife component in different ways. These landscapes bring in frogs and invertebrates,and lots of birds,which People generally view positively." Aquatic invasives such as European water milfoil,curly leaf pondweed and of course algae require ongoing maintenance,according to Kraemer, but overall, the native prairie and wetland plants provide infiltration and other significant benefits to water quality. Neuberger pointed out that the tall vegetation helps greatly to reduce goose populations which in itself is all important benefit to water quality. "'These ponds can be a huge draw for Canada geese and they can present a big problem, to the point that r h they can make it difficult to use the -�- - - shoreline if they're congregating in large The Appleton Stormwater Detention Ponds have provided much-needed numbers,"he said. "We canentirely habitat for rare birds—including Sandhill Cranes(pictured). 't avoid the goose issues, but the native multiple benefits to the community are become more mature. We've been vegetation keeps their numbers down viewed as outweighing the additional adding one to two ponds per year for as they'll usually go elsewhere to find expense,lie said. the past decade,and our maintenance mowed turfgrass areas around ponds in "We know we're getting budget has held steady for several years other areas." better infiltration which helps reduce even as we're significantly increasing stormwater volumes and flows,and our pond inventory. So the unit cost The Cost—Benefit Equation recharges groundwater resources. We for maintenance of each pond has don't do formal monitoring, but we decreased." The City of Appleton has been know our water quality is improved Lapointe,for one,shares in listed as one of the Top 100 best places because of it. We're adding to the the community's conclusion that the to live in America by Money Magazine's biological diversity within the city, both cost-benefit equation favors the natural 2010 review,and it has always in vegetation and wildlife. And we get landscaping approach. considered itself a leader in establishing aesthetic benefits. These landscapes are "I would love to live in that a high quality of life for its residents, interesting and beautiful. city,"he said. "'Their restorations Neuberger said. "Plus,we're seeing reduced are really looking nice,and I'm very "We were one of the first cities maintenance costs as the prairies impressed with their parklands." in Wisconsin to establish a stormwater utility, to build regional stormwater facilities and to use native vegetation in our landscaping,"he said. "We didn't start using native landscaping because it seemed like a trendy or cutting-edge thing to do. Sue Olson was the project engineer in our first stormwater pond projects and she,along with former Public Works Director Dave Vaclavik, made the effort to research and gain support for the concept." 'The cost to establish the native landscapes is higher than installation of conventional turfgrass landscapes, The stormwater detention areas have also provided habitatfor many threatened Neuberger readily admits, but the and endangered species. Laiid br Watet°Magazirte a it e t r 1 s 4bi,u 40^ % � Conceptual Plans(Above,Below) Client: MSR Professional. Services =.x Project Type:Stor awater Detention&Open Space Plan . Project Location:Dubuque,IA Prflject Duration'2004-2005. `^ Applied Ecological Services conducted a Natural Resources Inventory of the 'r land proposed to be used for the City of Dubuque's 32nd Street stormwater management facility.No significant ecological features were observed at the site,and AES deemed it was suitable for a stormwater management facility. As part of the design,AES incorporated a greenway project that encompassed a stormwater management facility and native landscaping. „a Native vegetation in the creation of wetlands and prairie communities within the stormwater management facility were designed to improve water quality by removing nitrogen and phosphorus from the stormwater while also providing an aesthetically pleasing green corridor for wildlife use. The proposed greenway project(that serves as a stormwater management facility)consists of four distinct features. •Low Flow Channel;The low flow channel will convey baseflows(generally less than 5 cfs)and will be 10-feet wide and l-foot deep.The love flow channel will meander back and forth across the greenway bottom.The area occupied by the low flow channel will likely develop wetland characteristics. Greenway Bottom:The greenway bottom is the relatively flat area occupying the majority of the horizontal surface of the greenway.The greenway bottom will convey flows that overtop the low flow channel banks,This is expected to occur approximately twice per year,corresponding to rainfalls roughly 1.5 inches in depth.The area occupied by the greenway bottom will likely have mesic prairie characteristics. •Greenway Side Slopes,The greenway will have an average four-foot depth,and will be sloped at 4N;1 V.The greenway side slopes will have upland hydrologic characteristics. •Wetland Replacement Areas:The downstream end of the greenway will contain at minimum a 2-acre wetland area. This area is included for wetland mitigation purposes and will have sedge meadow characteristics. e e e . 0e •, - ® e APPLIED ECOLOGICAL SERVICES Specialists in Ecological Science, Restoration, Managerrtent,and Research flue Ridge Detention Basin Retrofit AES partnered with the Village of Algonquin to convert a 6.3-acre detention basin in an older residential area from a mowed turf grass to a naturalized detention basin. Existing low now concrete channels were also disrupted and adjacent wetland cells created to capture and filter stormwater runoff and provide wildlife habitat. An AES senior ecologist and environmental engineer met with the Village to discuss the desired outcomes of the project. Next,construction documents and t. specifications were created. AES won the bid on the project and began construction in spring 2013. The ti project included removal of existing turf grass followed by replacement with native prairie vegetation. The s existing low flow concrete channels were also disrupted and wetland cells excavated to create an attractive, low-maintenance detention facility that not only holds,infiltrates, and treats polluted stormwater, but also provides beneficial wildlife habitat in a heavily urbanized area of the Village. The project also includes three e , years of maintenance and monitoring by AES in order to meet vegetation _ performance standards. The result of the project is a naturalized stormwater detention basin that effectively removes pollutants from urban stormwater runoff. The site also + contains many species of native vegetation that is beneficial to wildlife. Finally,the retrofitted detention basin provides an aesthetically-pleasing environment and ` reduces overall vr- k maintenance costs : for the Village. w The . project was designed in 2012 I 4 and constructed I y in spring 2013 Maintenance and N monitoring will be . . completed during the 2013-2015 . ; _ growing seasons. ■After Post Grading and Seeding www.appliedeco.com Specialists in Ecological Science, RestAPLIEDCLOGxAlpe E oratioECOLOGICAL aRer White Oaks Naturalized Detention Basin AES was hired by the Village of Carpentersville to convert a one acre detention basin in White Oaks Subdivision from a mowed condition to a naturalized detention basin as it was originally q envisioned. s An AES senior ecologist met with the Village of Carpentersville to discuss the desired outcomes as they relate to meeting U.S.Army Corps of Engineers performance standards. Next, a basic concept plan was developed byAES. The plan included retrofitting the turf grass side slopes to native prairie and installing several thousand emergent plants within the basin bottom to create a detention basin that would filter stormwater Pollutants and provide wildlife habitat. The project also includes three years of maintenance and monitoring by AES in order to meet predetermined performance standards. The result of the project is a naturalized stormwater detention basin that effectively removes pollutants from urban stormwater runoff. The • , • „ ,, , site also contains many species of native vegetation that is beneficial to wildlife. Finally, the retrofitted detention basin provides an aesthetically pleasing environment and reduces overall maintenance costs for the Village of Carpentersville. The project was designed and completed in fall 2012. Maintenance and monitoring will be completed during the 2013-2015 growing seasons. Prior to restoration—mowed,eroding turfgrass and nutrient-loaded pond water Yid `r rrc P f y www.appliedeco,com r APPLIED ECOLOGICAL SERVICES Specialists in Lcological Science, Restoration, Management, and Research Cambridge Country Park Shoreline Stabilizati®n and [detention Basin Retrofit Applied Ecological Services provided design, construction and maintenance services for Cambridge Country Park.The main intent ' of the project was to retrofit(using native plants and j other bioengineering practices)the shoreline and buffer of the existing 4-acre, Park District-awned detention basin in Mundelein, Illinois. Project goals included the following items: •Reduce runoff pollution into downstream wetlands •Ensure long-term functioning of the stormwater basin •Implement stormwater best management practices BMPs g { )in the design/build nlbuild p rocess •Retrofit shoreline and buffer areas of the existing detention basin using native plants and bioengineering processes AES stabilized soils on basin slopes and bottom to enhance infiltration ' and to reduce erosion,sedimentation and nutrient loading of surface waters. Deep-rooted native vegetation was planted and established in the stormwater basin and immediate upland buffer areas to provide optimum soil stability and water quality.The resulting project created relatively low- maintenance,aesthetically pleasing,stable native planting areas. { '` To ensure slope stability,maintenance of native vegetation,proper drainage • , . flow and minimal cover by exotic species,AES set up periodic inspections of stormwater treatment areas after the project's construction phase was completed. ^r; NATIVE PLANTS * • 9.. F � a n E w A limestone fishing platform allows public access to the pond www.appliedeco.com ACpR" 4*_� CERTIFICATE OF LIABILITY INSURANCE DATE(MW1)u1YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS 10/17/2016 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENT) OR ALTER THE COVERAGE AFFORDED T THE OLDER BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT; ifthe certificate holder is an ADDITIONAL INSURED,the policy(ies}must Do endorsed, if SUBROGATION 7S 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 f--feu of such endorsements}. - PRODUCER M3 Insurance Solutions, Inc, RF-CL NAME: Trisha Stark 828 John Nolen Drive PHONE Madison rr7I 53713 A/C No Ext: FAX ADDRESS: trisha.stark©m3ins.com AICNo: OCT 2016 PRODUCER cusr MERID�:APPLE-1 INSURED - IC `�f OR)� INSURER[SiAFFORD€NG COVERAGE Applied Ecological Services Inv SH, \L'[SLOVS4 IN5URERA:Zurich American Insurance Co- NAlcl� 17921 West Smith Road ��F#[�O I653S Brodhead wi 53520-9355 INSURER B'American Guarantee & Liabilit INSURERC:ADMIRAL INS CO 26247 INSURER D: 24856 INSURER E: COVERAGES CERTIFICATE NUMBER:2113260927NSURERF: THIS IS TO CERTIFY THAT THE PQLfCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TQ THE INSURED NAM pEVIISON ftNUMBER:PERIOD INDICATED, NOTWITHSTANDING RNY REQVfREMENT,TERRA OR CONDITION OF AMY CONTRACT OR OTHl;ft DOCUMENT y�Ty RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. INSR LTR TYPE 0FINSURANCE A D U RI S WVD POLICY NUMBER A MWDPOLI�rfm MA YEFF pQYly yy GENERAL LIABILITY Y GLO-0111561-01 LIMITS X 3/1/2016 3/1/2017 COMMERClALGENERAL LIABILITY EACH OCCURRENCE $1,000,000 X E 0 ENT CLAIMS-MADE ❑ OCCUR PREMISES Eaoocwronce $300,000 MED EXP(Any ono person) $10,000 PERSONAL&ABVINJURY $1,000,000 GENLAGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 POLICY X PRO- �{ LOC PRODUCTS-COMPiOPAGG $2,000,000 A AUTOMOBILE LIABILITY X BAVOIJ1558-01 $ X 3/1/2016 3/1/2017 COMBINED SINGLE LIMIT ALLOWNE (Eeaccidenl) $1,000,000 ALL OWNED AUTOS SCHEDULEOAUTOS BODILY INJURY(Perperson) $ HtREOAUTOS BODILY INJURY(Per accdant) S PROPERTY DAMAGE NON-ONNEDAUTOS (PeraWdent) S S H X UMBRELLA LMB X OCCUR Y AUC4111682-01 S 3/1/2016 3/1/2017 EXCESS LIAR CLAIMS-MADE EACH OCCURRENCE $5,000,000 DEDUCTIBLE AGGREGATE $5,000,000 X RETENTION $0 S A WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY NC-0111572-01 3/1/2016 3/1/2017 X TO STATUS DTH- $ ANYPROFRIETOBERlPARTNERIFYECUTIVE YIN OFFICER/MEMBER EXCLUCED? ❑ N/A (Mandatory in NH) E.L EACH ACG DENT describe Yes.desce under $1,406,000 DESCRIPTION OF OPERATIONS brow E.L DISEASE-EAEMPLOYE C prof 11 / Pollution Liab E.L DISEASE-POLICYLOYE $1,000,000 $I,000,000 FET-ECC-13591-03 12/1/2015 12/1/2016 Limit Doductible 5.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Addlllonal Remarks Schedule,H more space Is regeired} 20,000 City io Oshkosh, its officers, council members, agents, employees and authorized volunteers are additional insured on a primary, non-contributory basis as respects General Liability, Umbrella where required by written contract, 30 days notice of cancellation to City of Oshkosh applies. Automobile and CERTIFICATE FOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Oshkosh BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED Attn: City Clerk IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO Box 1130 Oshkosh WI 54903 AUTHORIZED REPRESENTATIVE ACOR❑25(2049/09) The ACORD name and logo are registered marks of ACORpORO CORPORATION. All rights reserved. Additional I • Insured —Automatic -- Owners, Lessees Or ZURICH Contractors Policy No. Eff. !]ate Qf Fol. Exp. Dato of pol. Eff.Date of End. Producer No. Add'1.Prem Return prem. GLO-Q11t561-Q1 `3/1/2096 3/1f2017 9062000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:Applied Ecological Services, Inc. Address(including ZIP Code): 17921 W Smith Rd, Brodhead, WI 53520 This endorsement modifies insurance provided under the. Commercial General Liability Coverage Part A. Section 11—Who Is An Insured is amended to include as an additional insures! any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However,the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law;and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and.specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F GW(04/13) Includes copyrighted material of insurance Services Office,fns.,with its permission. Page 1 of 2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Comrnercial General Liability Conditions: The additional insured must see to it that: I. We are notified as soon as practicable of an 'occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable;and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1_ The following is added to the Other insurance Condition of Section IV — Commercial Genera! Liability Conditions: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The€ollowing paragraph is added to Paragraph 4.b.of the Other insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A.of this endorsement;or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F GW(04/13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 s POLICY NUMBER: SAP0111558-01 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not of provided in the Coverageter coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. [Endorsement amed Insured: Effective Bate: SCHEDULE FNYPERSON son(s) Or Organization(s): OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUSON A NON—CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information r aired to cam tete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "Insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section ft — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -- Covered Autos Coverages of the Auto Dealers Coverage Form. 3 O Insurance Services Office, Inc., 2011 Page 1 of 1