Signed Contract_Applied Ecological Services_Valentine Park SRF Restoration Project Copyrighted
October 1, 2018
City of Dubuque Consent Items # 19.
ITEM TITLE: Signed Contract(s)
SUMMARY: Applied Ecological Services for the Valentine Park
Restoration SRF Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
AES/Valentine Park Contract Supporting Documentation
■���r��■
�n.�� �. �APPLIED
i � � ECOLOGICAL
��Vy�J+� SERVICES II
Contracting Agreement �,
Project Information I
Project Name: VALENTINE PARK RESTORATION '�,
AES Project Number: 18-0108 I�
Branch: F:DBQ I,
April 2Q 2018 �'I
Laura Carstens ��'�
Clty of Dubuque �,�
50 West 13th Street I,
Dubuque,lA 52001-4864 �'i
Re:Agreement and/or Authorization for Services by and between Applied Erological Services, Inc(AES)and The Clty of Dubuque. �i
Quote for Services and Statement of Work: �
Item Task Description Qty Unit Unit Cost Extended �II
Freconstruction '
1 Neighborhood Meeting � 1 LS no charge $0.00 �
2 Map Production 1 LS $200.00 $200.00
Native Prairie Restoration
3 Forestry Mow 1 LS $7,590.00 $7,590.00
4 Herbaceous Mowing 6.5 AC $220.00 $1,430.00
5 Herbaceous Mowing Trip 4t2(if needed) 5 AC $220.00 $1,100.00
6 Site Preparation Herbicide Application#1 6.5 AC $290.00 $1,885.00
7 Site Preparation Herbicide Application ft2 6.5 AC $290.00 $1,885.00
8 Site Preparation Herbicide Application ri3(if needed) 5 AC $290.00 $1,450.00
9 Wet Prairie Enhanced Pollinator Mix Seeding 1.5 AC $2,100.00 $3,150.00
10 Dry Prairie Enhanced Pollinator Mix Seeding 3.5 AC $1,700.00 $5,950.00
11 Mowing Maintenance Trip-Year One#1 5 AC $150.00 $750.00
12 Mowing Maintenance Trip-Year One#2 5 AC $150.00 $750.00
13 Mowing Maintenance Trip-Year One kt3 5 AC $150.00 $750.00
14 Mowing Maintenance Trip-Year Two kl 5 AC $150.00 $750.00
15 MowingMaintenanceTrip-YearTwo#2 5 AC $150.00 $750.00
Buffer Establishment
16 Apply 1/2" compost, Disk/Till to incorporate 1.5 AC $8,250.00 $12,375.00
17 No-mow Turf Seeding, induding fertilizer and rolling 1.5 AC $2,460.00 $3,690.00
18 Wildlife Friendly Erosion Blanket(575BN) 1.5 AC $7,420.00 $11,130.00
19 Broadleaf Weed Control Application(if needed) 1.5 AC $500.00 $750.00 �.�
Additional Tasks I
20 Rock Check Dams 24 ton $125.00 $3,000.00 ��
21 Silt Sock 200 LF $4.80 $960.00 �
22 Butterfly Garden Plant Plugs(2 gardens, 7ft x 10ft each) 124 each $2.00 $248.00 I
23 Plant Install Rate 124 each $2.50 $310.00 I
24 Bird and Butterfly Kit for Drawing(30 Plants Each) 2 each $58.50 $117.00
i
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Applied Ecological Services,Inc.
Page 1
Public Outreach 1
25 Postcards 1 LS $400.00 $400.00 �
26 Handout 1 LS $600.00 $600.00 '
27 Poster 1 LS $700.00 $700.00 I
28 Press Release 1 LS $300.00 $300.00
ContractTotal $62,970.00
Endosure(s)—terms and conditions
Notes:
1. This Agreement summarizes the informatiom m�iained In the proposal and Is necessary for acceptance of the contract.Along with the
attached documents,including the Standard Terms and Conditions,thls summary and signature page will deflne and govem the contract.
L This Agreement may be executed In one or more counterparts(transmltted by facsimile or PDF electronic transmisslon),each of whl[h
shall be deemed an original,but all of which together shall constitute one and the same instrument.
3. This quote is valid for 60 days.
4. quote is exclusive of sales tax.Client/Owner shall pay all applicable sales or use taxes,or provide AES with a sales tax exemption
certificate to support any exemption.
5. Unless specifically covered in thls Agreement or in the warranty of another AES Agreement for site design on this project,AES is not
responsible for hydrology on the project site. Damage to seeding or planiing Installation or other work defects due to improper hydrology
is excluded from any warranty under this Agreement.AES can remedy such damage,subject to additional cost,pursuant to a written
modification of this Agreement,signed by both parties.
6. In the event the project Is cancelled by the Client/Owner or the Nursery seed or plants are changed from original order,a 20%nursery
restocking charge may apply. �
7. The Owner/Client is required to pay for any requlred permits unless specified in this Agreement.
8. In an emergency,AES shall act in a reasonable manner to prevent personal injury or property damage.Any change in the Agreement
price and/or time resulting from the actions of AES in an emergency situation shall be equitably adjusted.
9. Upon the written request of AES,prior to commencement of the Services and thereafter at the written request of AES,the Client/Owner
shall provide AES with reasonable evidence of Owner/Client's ability to fund the project.Evidence of such financing shall be a condition
precedent to AES'commencing or rontinuing Services.AES shall be notifled prior to any material change in Project financing or material
change in Owner/ClienYs abilityto fund the Work.
10. Thls quote has been prepared based on the information provided(as listed above). Before AES will commence work on the project and
before this quote becomes binding,the Qient to whom this quote is addressed must provide final project documents to AES. Such
documents may indude,but not be limited to,flnalized construction drawings,flnal speciflcations,and a copy of the executed general
project contract including information about administrative procedures,involcing and payment procedures(induding retention,if any),
safety requirements,and any other requirements that will affect or b�md AES on this project.AES reserves the right to revise the above
quote and the terms and mnditions of the work upon receipt of the final documents and Primary Contract,if any.
Signature Page on Next Page
AppliedEcological5ervices,inc.-18-0108 '�,
Page 2
Acceptance
In signing below,each party agrees to abide by all terms and conditlons presented in this Agreement.Work will begin upon receipt of the
appficable deposit and this signed authorization. �
**PLEASE SIGN AND RETURN to Applied Ecological Services, Inc.An executed contract contalning both signatures will be retumed to you.This
Agreement is not binding upon AES until executed by an officer of AES.
Applied Ecologic rvices nc.
Signature: Date: ������
Name: ��f��.1 �pN � ,�}�-� �-
Title: CC'/US7�PlG//V"" /�'�(1�"Av17Ir� {2 __... _- __. . _ _. .__ _
P.O.Box 256, ll921 Smith Rd. '���
8rodhead,WI 53520 ��
Phone:608-897-8641 Fax:608-897-8486
Ema�e rnct-f�i,ow (,rY afDPJin�f e�a � Co.�
Cllent:
Signature: -- _ DaTe: � /� // [I
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Name: Michael C Van Milligen _ � _ __ __ _ � i
Title: City Manager _ . �
Company: CityofDu6uque _ I
_ ._ _ . ____ —_.. . .
Address: 50 W.13th Street ' '
City,State,Zip: Dubuque,lowa 52001 ____ . _._
Phone: 563-589-4110 Fax: 563-589-4149 '
EmaiC ctymgr@cityofdubuque.org ��'� �
Bilf gAddress: _ __ _ �.
Mark If same as above.
Company: . .—. .—- '
1 � /� � � '^ -�' .. _ __.—_ __ .
Name: .��� �. W„lA)�4— L.W�I ti`YC�� . ',�.
. ._— ___.._.—_ .
Title: ��,(�,Vlh-1Y�C� �N\C1dQ �`�-�0-�.�( . _ ,.
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Address: �
City,State,Zip: � �
Phone: Fax: '
Email: �C,(�,.Y S'�2�v� � Gl�6�C�,v�
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Applied Erological Servires,Inc-18-0108
Page 3
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�n����7'r�APPLIED
► 7 � ECOLOGICAL
��'� ' ' �T `,SERVICES
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Standard Terms and Conditions
1. Term and Termination.These Terms and Conditions apply to the attached agreement and any subsequent agreements or changes
to existing agreements for services between Applied Ecological Services,Inc.(hereafter AES)and the Client as defined in the agreement.Together
these dotuments and any attachments constitute the Agreement.
1.1. Termination.Either party may terminate this Agreement,in whole or in part,at any time upon no less than fifteen(15)
days written notice to the other party.In addition,AES shall have the right to suspend its provision of Services in the event Client defaults in timely
payment for Services.
LL Pavment Upon Termination.In the event of termination,all previous unpaid invoices submitted by AES to Client will be
due and payable.AES will also be paid,under the terms of the Agreement,for any and all work performed and/or mmpleted,and expenses
incurred between the time period covered by the most recent Invoice and the date of termination.Additionally,AES will be reimbursed on a time-
and-expenses basis at AES'standard rates for all reasonable termination expenses induding:the cost of completing analyses,records,and reports
necessary to documentjob status at the time of termination;the cost to bring any site work to a safe and stable condition;and reasonable costs
associated with untimely demobilization and reassignment of personnel and equipment.
13. Transition Period.In the event that this Agreement is terminated by either party,Client may require AES to continue any
or all activities as described in the Agreement to allow for a reasonable transition period.This work would be conducted under the terms of this
Agreement,which will remaln in force until the transition period is completed.
2. Invoicin¢and Pavment.
21. Invoicin�/Pavment Term.AES shall invoice Client for Services performed on a periodic basis,usually monthly.Upon receipt
of an invoice from AES,Client shall have thirty(30)days from the date of the invoice to pay the amount due,or to notify AES in writing of a bona
fide dispute asserted in good faith as to one or more of the invoiced items.Unless otherwise provided,all Services,equipment,and materials
furnished by AES shall be at the rates specified in AES'Quote for Services and Statement of Work and incorporated by reference herein.Deposits
paid according to the terms above will be applied to the final invoices under thls Agreement.
22. Taxes.All charges are net of any applicable taxes(except income and payroll taxes).Any additional costs due to applicable
taxes will be reimbursed by Client.Sales tax,if applicable,will be added upon invoicing.
2.3. Currencv.All fees are stipulated in U.S.Dollars and must be paid to AES in U.S. Dollars.
24. Method. Payments to AES shall be made via Automated Clearing House(ACH)to AES' bank account using the information
6elow. Please indude invoice number�s)in remittance correspondence.If unable to make payments via ACH,checks made payable to"Applied
Ecological Service,Inc"can be mailed to P.O.Box 256,Brodhead,WI 53520. Please indicate the AES invoice number(s)in check memo.
Bank Name: The Bank of New Glarus/Sugar River Bank Branch
Bank Address: 2006 1"Center Ave,Brodhead,WI 53520
Routing Number: 075903912
Checking Account Number: 200142519
2.5. Prevailin�Wa¢es.UnlessspecificallysetforthintheapplicableLetterAgreement,Clientrepresentrthaiprevailingwages
are not required for any of AES'Services under this Agreement.However,should AES be required to pay prevailing wages,Client will pay AESthe
increased msts associated with the applicable prevailing wage rates,induding any penalties,back wages,and administrative expenses.
3. Confidentialitv.
3.1. Definition and Exceptions. For purposes of this Agreement,information shall be considered confidential if it is of a type V
generally understood to be mnfidential,or if the disdosing party specifically notifies the recipient party in writing,whether by labeling materials �
reflecting such�mformation as'CONFIDENTIAL"or otherwise unambiguously informing the recipient party(hereinafter,"Confidential �
Information").Such Confidential Information indudes,but is not limited to,research,product plans,products,services,customers,markets,ideas,
concepts,discoveries,techniques,specifications,methodologies, models,flow charts,data,software,developments,inventions,processes,
designs,drawings,marketing plans,sales information,and financial information,and any information that constitutes a trade secret under the
Uniform Trade Secrets Act or similar laws.Notwithstanding the foregoing,Confidential Information shall not indude information that(i)is already
known to the recipient as shown by written records in its possession at the time such information is received;(ii)is already part of the publlc
Applled Ecological Services,Inc.
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Revised:4/10/2015
domain at the time of disdosure,or subsequently becomes part of the public domain through no fault of the recipient;(ili)is obtained on a non-
confidential basis from a third party who lawfully dlsclosed the same to the recipient;or,(iv)is independently developed by an employee or
consultant of the recipient who had no knowledge of or access to the information.
3.2. Nondisclosure of Confldential Information.During the term of this Agreement and for a period of three(3)years following
termination,each party agrees to keep Confidential Information provided to such party by the other party in strict confldence and not to use any
such Confidential Information other than in connection with the transactions contemplated by this Agreement,without the prior written consent
of the other party.In addition,each party agrees not to misappropriate or threaten to misappropriate any trade secret information received,or any
part thereof,for as long as such information remains a trade secret.Notwithstanding the foregoing,this Agreement shall not apply to the extent
that Information is subpoenaed or otherwise required by law to 6e disclosed by the recipient party,provided the recipient party shall use its best
efforu to inform the disclosing party of any demand for such disdosure as soon as such demand is made,in order to allow the dlsdosing party the
opportunity to seek protective rellef.
33. Use of Proiect Information.Client agrees that AES may use CIIenYs name and a general description of projects as a
reference for other prospective clients,provided that no Contidential Information is disdosed.
4. Ownership of Work Product. I
41. Work Product.All drawings,specifications and other documents and electronic data furnished 6y AES to Client under this
Agreement("Work Product")are deemed to be Instrumentr of Service,and AES shall retain the ownershlp and property interest therein,induding
the copyrightsthereto.
4.2. CIIenYs Limited License.Upon ClienYs payment in full for all work performed under this Agreement,AES shall grant Client
a limlted license to use the Work Product in connection with ClienYs occupancy or possession of the applicable project,and the drawings,
specifications and other documents prepared by AES for the project may be retained by Client.Client may make changes,additions,and deletions
m the applicable project design,in whole or in part,conditioned on Client's express undeatanding that such use of the Work Product is at ClienYs
sole risk and without liability or legal exposure to AES.
43. Use.Any documents generated by AES are for the exclusive use of Client.Any use by third parties or use beyond the
intended purpose of the document will be at the sole risk of Client unless otherwise agreed upon by AES in writing.If Client uses the design
materials on any project other than the Project for whlch it was developed(a"Subsequent Use"),Client agrees that it shall do so at Itr sole risk and
without liability or legal exposure to AES.Client further agrees that it shall defend,indemnify and hold harmless AES from and against any and all
daims,damages,liabilities,losses and expenses,induding reasonable attorney's fees,arising out of or resulting from such Subsequent Use.
5. Insurance.
51. Covera¢e.At all times during the term of this Agreement,AES shall,at iTs own expense,mainiain insurance coverage of the
kind and in the minimum amounts listed in Exhibit A.
5.2. Waiver of Subro�ation.To the extent possible,any of the parties'insurance policies provided under the provisions of this
Agreement,or which may be used in relation to this Agreement,shall contaln waivers of subrogation in favor of the other party,by endorsement
or otherwise,it being the intent of the parties that the insurance policies shall protect both parties.The parties release each other from liability
covered by the insurance for which subrogation is waived.
5.3. Additional Covera¢e.Upon advance written notice,AES shall provide additional amounts or kinds of insurance as may
reasonably be deemed necessary by Cllent im m�nection with the ongoing nature of operations and changes in exposure,but only to the exteni the
insurance is commercially available,and provided Client pays the cost of said coverage.
5.4. Notiw of Cancellation.The above-required insurance shall be maintained by AES during the term of this Agreement,and
shall not be canceled,altered,or amended by AES without thirty(30)days advance written notice to Client.
6. Limitation of Liabilitv.With respect to any claim covered pursuant to the ierms and conditions of AES'liabllity insurance policies
carried pursuant to this Agreement,Cllent agrees that AES total liability for acts,omissions,or damages,shall not exceed the available limits of
coverage as set forth In such insurance policies.
Notwithstanding any other term of this Agreement to the contrary,in no event shall AES, (or its employees,agents,successors,or
assigns)be liable to Client or any third party daiming through Client for indirect,special,incidental,consequential,exemplary,or punitive damages
of any nawre(induding damages for loss of revenue,profits, business interruption,loss of 6usiness Information,loss of capital, loss of technology,
bss of data,increased costs of operation,litigation msts and the like)whether based upon a claim or action im m�tract,tort(induding negligence),
or any other legal or equitable theory,�m mnnection with the supply,use or performance of the Services provided by AES to Client,regardless of
whether AES has been advised of the possi6ility of such damages or such damages were reasonable foreseeable.
Applied Ecological Services,Inc.
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Revised:4/10/2015
7. Indemnification.
7.1. AES'Indemnification of Client.To the fullest extent permitted by law,AES shall indemnify and hold harmless the Client,its �
officers,directoa,employees or agents,from and against daims,damages,losses and expenses,including but not limited to attorneys'fees,arising
out of or resulting from performance of work on a project subject to this Agreement,provided that any such daim,damage,loss or expense is
attri6utable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the work itself)but only to
the extent caused by the negligent acts or omissions of AES,its subcontractors,anyone directly or indirectly employed by them,or anyone for
whose acts they may be liable,regardless of whether or not such daim,damage,loss or expense is caused by a party indemnified hereunder.
7.2. ClienYs Indemnification of AES.To the fullest extent permitted by law,Client shall indemnlfy and hold harmless AES,its
officers,directors,employees or agenu,from and against daims,damages,bsses and expenses,including but not limited to attomeys'fees,arising
out of or resulting from negligent performance of work on a project subject to this Agreement,provided that any such claim,damage,bss or
expense is attributable to bodlly injury,sickness,disease or death,or to injury to or destruction of tangible property,but only to the extent caused
by the negligent acts or omissions of Client,Its subcontractors(other than AES),anyone directly or indirectly employed by them,or anyone for
whose acts they may be liable,regardless of whether or not such claim,damage,Ioss or expense is caused by a party indemnified hereunder.
8. Independent Entities.Client and AES are independent entities,and nothing in this Agreement or otherwise shall be deemed or
construed to create any other relationship,including one of employment,joint venture,or agency.
9. Dispute Resolution.
9.1. Direct Discussion.If a dispute arises out of or relates to this Agreement or its breach,the parties shall use good faith efforts to
settle the dispute through direct negotiation.
91. Proiect Status Durin�Dispute.If the dispute does not result in the termination of the Agreement,AES shall continue providing
Services during all dispute resolution proceedings.Client shall continue to make payments in accordance with this Agreement,except with respect
to amounts in dispute in accordance with Section 2.
93. Mediation. If the dispute cannot be settled through direct negotiation,except with respect to a matter involving payment of an
invoice,the parties shall engage in mediation prior to entering into litigation,and shall endeavor to resolve the dispute through the involvement of
a neutral medlamr.The Construction Industry Mediation Rules of the American Arbitration Association shall govem this process unless otherwise
agreed.The costs of any mediation proceeding shall be shared equally by the parties. No legal action will be flled until mediation has mnduded.
10. Standard of Care/Warranties.
10.1. Standard of Care.All Services provided by AES shall be performed by appropriately qualified personnel,properly licensed
whenever requlred,and shall meet all standards of industry skill,care and judgment ordlnarily expected in the locality where the Services are
provided.
10.2. Warranties.Construction work performed by AES indudes a one(1)year warranty on materials and workmanship.AES
warrants that wch work shall be free from material defects not intrinsic in the design or material required in the Agreement,if any.AES'warranty
does not include remedies for defects or damages caused by normal wear and tear during normal usage,use for a purpose for which the projecY
was not intended,improper or insufficient maintenance,modifications performed by the owner or others,or abuse.AES warrants that all materials
shall be new unless otherwise specified,of good quality,im m�formance with the Agreement,if any,and free from defective workmanship. If
within one year the Client does not promptly notify AES of defective work,the Client waives AES'obligation to mrrect any defective work as well as
the ClienYs right to claim a breach of warranty with respect to that defective work.If any of the Services are eliminated,or if AES is not retained to
perform subsequent phases,AES'responsibility will extend only to the Seroices it mmpletes.
11. Time for Performance.
11.1. AES'Services will be performed accordingto the schedule specified in the Letter Agreement or related Attachments
approved by Client and AES and incorporated into this Agreement.
1L2 If the Services to be performed by AES are interrupted,disrupted,suspended,or delayed for any reason beyond the
reasonable control of AES,the schedule of work and the date for completion will be adjusted accordingly.AES will be compensated for all
reasonable increased msts resulting from such interruption,disruption,suspension,or delay.
12. Miscellaneous.
Applied Emlogical5ervices,Inc.
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1LL Entire A¢reement.Thls Agreement and any Attachments which are or may be made a part thereof,constitute the entire
agreement between the parties regarding the subject matter thereof,and all agreements,representations,promises,inducements,statements and
understandings,made prior to or contemporaneous with this Agreement,written or oral,are superseded by this Agreement 7his Agreement may
not be modified or amended except in writing signed by a duly authorized representative of the parties hereto.No other act,document,usage or
custom shall be deemed to modify this Agreement.
12.2. Governin�Law and Jurisdiction.This Agreement shall be deemed to be an Agreement made under the laws of the State of
lowa,and for aIl purposes it, plus any related or supplemental ezhibits,schedules,documents,or notices,shall be construed in accordance with
and govemed by the laws of such state.Both parties agree that the federal and state courts located in lowa are an appropriate venue for any
dlspute between the parties,and both parties hereby submit to the jurisdiction of such courts.CLIENT AND AES WAIVE ANY RIGHT TO A IURY
TRIAL REGARDING ANY DISPUTE BETWEEN THE PARTIES.
1L3. Construction/HeadinRs.This Agreement shall be construed without regard to any presumption or rule requiring
construction against the party causing the instrument to be drafted.The various headings in this Agreement are inserted for convenience only and
shall not affect the meaning or interpretation of this Agreement or any section or provision hereof.
1L4. Force Maieure. Notwithstanding anything contained in this Agreement m the contrary,if either party is prevented from
performing any of its obligations hereunder by laws,orders,regulaiions or directions of any government having jurisdiction over the parties hereto,
or any department,agency,corporation or court thereof,or by war,act of public enemies,strikes or other Iabor disturbances,fires,floods,acts of
God,or any causes of like or dlfferent kind beyond the reasonable control of either party,then such party shall be exased from any fallure to
perform any such obligation to the extent such fallure is caused by any such law,order,regulation,direction or contingency.
12.5. Severabilitv.Each provision contained herein is severable from the Agreement and if one or more provisions are declared
invalid,the remaining provisions shall nevertheless remain in full force and effect.
12.6. Notices.All notices pursuant to this Agreement shall be in writing and shall be given by certifled mail or personal delivery
(including overnlght mail by private carrier)to the address set forth on the signature page to this Agreement,or to such other address as may be
subsequently provided by written notice given in acmrdance with this section.Such notices shall be deemed given when delivered(including by
ovemight mail by private carrier)or,if by mall,effective when deposited in the U.S.Mail certified with retum receipt requested,postage prepaid.
12J. Atmrnevs Fees. In the event either party shall be the prevailing party in any suit for damages for breach of this
Agreement,induding nonpayment of invoices,or to enforce this Agreement,or to enjoin the other party from violating this Agreement,such party
shall be entitled to recover as part of its damages its reasonable legal costs and related expenses,induding attomeys'fees,in connection with
bringing and maintaining any such attion.
128. Successors and Assi�nees.This Agreement will be binding on AES and Cllent,and their successors,trustees,legal
representatives,and assigns.Neither party may assign or transfer any rights,responsibilities,or interest in this Agreement without the written
consent of the other party and any attempt to do so without such consent may be void,provided,however,in the case of an assignment by AES to
an affiliate controlled by or under the mmmon control of AES,Client's consent will not be unreasonably withheld.Nothing in ihis section will
prevent AES from employing submntractors or subconsultaMs to assist in the performance of Services under this Agreement.
12.9. Waiver.The failure of either party in any one or more instances to enforce one or more of the terms or conditions of this
Agreement or to ezercise any right or privilege in this Agreement,or the wa'rver by either party of any breach of the terms or mnditions of this
Agreement,shall not be construed as thereafter waiving any such terms,mndltions,rights,or privileges,and the same shall continue and remain in
force and effect as if no such failure to enforce had occurred.
1210. Survival.All obligations of Client regarding amounts owed to AES and all limitations of liabillty and disdaimers and
restrictions of warranty shall survive termination of this Agreement.
12.11. Exhibits and Attachments.All Exhibits and Attachments are incorporated and made part of this Agreement for all
purposes. I
1212. Counterparts/51¢natures.This Agreement may be executed In one or more counterparts(transmitted by facsimile or PDF
electronic transmission),each of which shall be deemed an original,but all of which together shall constitute one and the same instrument.
Applied Ecological Services,Inc.
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EXHIBIT A
INSURANCE
^ � CERTIFICATE OF LIABILITY INSURANCE °°'�m'M"°""",
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THIS CERTIFICATE IS ISSUEO AS A MAITER OF INFORMATION ONLV AND CONFERS NO RIGHTS UPON THE GER77FICATE HOLDER.THIS
CERTIFICATE DOES NOT APFIRh7ATIVELV OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOR�ED 8Y THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE �OES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSl1RER(S), AUTHORIZED
REPRESE MATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certi(icata holtler is an ADDITIONAL INSURED,ihe po0cy(ies)must ba andorsed. If SUBROGATION IS WANED,subject to
the terms antl contlitions o/the policy,certaln policies may require an endorsement. A statement an this certificate tloes not confertlghts to the
certifcate holderin lieu of such endarsamant(s).
PROOIICER NFME: AIEXFfIE(II
M3lnsurance Sdutions,Ina ��°Nho E,�:608-28�2898 ns.xa:
828 Jahn Nolen Drive E.��i
Madson UVI 53713 nooaess: alex Friedl 3ins.com
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INSORERS)AWORDINGCOVEPAGE NAICA
INWREO NSIIRE0.�:Z��Cf1f5RIE11C2f1If1'sOfBfICBCO. �653$
Applied Ecdog¢ai Servites Inc wsunEa e:Toko Marine Spenalty Ins.Co
17921 W Smith Road
Bro�ead lM 5352P9355 a+suaEn c:
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COVERAGES CER77FICATENUMBER:229686785 REVISIONNUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICV
PERI00 INDICATED. NOTWITHSTANDING ANY FEDUIREMENT,TERM OR CONDITION OF ANV CONTRACT OR OTHER DOWMENT WITH RESPECT
TO WriICH TH IS CERTIRCATE MAY BE ISSUED OR MAY PERTAIN,THE WSURANCE AFFORDED BV THE POL ICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMS,EXC W SIONS FND CON�ITIONS OF SUCH POLICIES.LIPA fTS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS.
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CERTIFICATE HOLDER CANCELLHTION
SHOULDANY OF TNE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELNERED
IN ACCORDANCE W1TH THE POLICY PROVISIONS.
"'For Information Only"" nuixnn rn xFnnFs�x.armc
�,� �'-�
01988-2009 ACORD CORPORATION. All rigMs reserved.
ACORD 25(R004/09) TheACORD name and logo are registcetl marks ot ACORD
Applied Ecological Services,Inc.
Page 5
Revised:4/10/2015
�'�� CERTIFICATE OF LIABILITY INSURANCE °pT4;9;Zo,$""
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 INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to �
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: A�eX Ffl2(II
M3lnsurance Solutions, Inc. cHONe rnx
828 John Nolen Drive A N e. �. 608-288-2898 qIC No:
Madison WI 53713 nooRess: alex.friedl m3ins.com
PROOUCER
cusroMeRio : APPLE-1
INSURERS)AFFORDINGCOVERAGE NAICN
INSURE� INSURER A:ZUdCh,4ff12fIC211 Ip5Uf3f1C2 C0. 16$3$
Applied Ecological Services Inc
17921 W Smith Road iNsuReae:Tokio Marine S eciait Ins.Co
Brodhead WI 53520-9355 iNsuaeac:
INSURER 0:
INSUftER E:
INSURER F'
COVERAGES CERTIFICATE NUMBER: 100215845 REVISION NUMBER:
THIS IS 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 RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIGES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR rypE0FIN5URANCE ADDLSU6R pQLICYNOMBER MMIDOIYVYY MML�DM'VY LIMITS
LTR
A GENERALLIABILITV \' y GLO-�111561-03 3IV2018 3Ill2019 EACHOCCURRENCE $1000.000
X DAMAGE TO REME�
COMMERCIALGENERALLIABILITY PREMISES Eaoccurrence 51.W4000
CLAIMS-MADE �OCCUR MED EXP(Any one person) 310,000
PERSONALBADVINJURV $1,000000
GENERALAGGREGATE $2000,000
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2,000,0�0
POLICV X PE� X LOC $
A AUTOM081LELIABILITY BAP0111558-03 3IV2010 3IV2019 COM8INEDSINGLELIMIT $�000,000
(Ea accident)
X ANVAUTO BODILVINJURY(Perperson) $
ALLOWNEDAUTOS BO�ILVINJtIRV(Peraccitleni) $
SCHEDIILE�AUTOS
PROPERTY DAMAGE $
HIRED AUTOS (Per accitlent)
NON-OWNED AUTOS $
$
A y. UMBRELLALIAB y. OCWR /+UC0111682-03 3/V2018 3/V2019 EACHOCCURRENCE $5400p00
E%CESSLIAB CL41MS-MA�E AGGREGATE $54�0,000
�EDUCTBLE $
Y` RETENTION 5 $
q WORKERSCOMPENSATION Y WG01115�2-03 3/1I2018 3I1I2019 X WCSTATT- OTH�-
ANO EMPLOYERS'LIA6ILITY ��N
OFFlCERIMEMBEREXCLU�ED?WUTNE� N�A ELEACHACCIDENT $1000.0�0
(Mantla[oryinNH) ELDISEASE-EAEMPLOVE $1,000.000
If yes,describe under
�ESCRIPTIONOFOPERATIONSbelow ELDISEASE-POLICVLIMIT $� p
B Pmfessionall PPKi]4]0]3 12/V201� 31i12�19 ProtessionallRetn S.00O.00OI20,000
Pollo�ion Liability P011utionlRelen�ion 2,000,OOOI50,00o
�ESCRIPTION OF OPERNTIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Atlditional Remarks Schetlule,If more space Is requlred)
Project:Valentine Park Restoration, Dubuque, IA.
The City of Dubuque,including all its elected and appointed offcials,all its employees and volunteers,all its boards,commissions and/or authorities and their
board members,employees and volunteers are Additional Insured with respects to General Liabiity on a primary and noncontributory basis where required by
written contracf.A waiver of subrogation on General Liability and Workers Compensation applies in favor of the City of Dubuque where required by written
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Dubuque
Engineering Dept
50 W. 13th Street HUTHORIZEO REPRESENTATIVE
Dubuque IA 52001 G��f'� ,�""�
�� ��:
OO 1988-2009 ACORD CORPORATION. All rights reserved. �
ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD �I
�
Additional Insured — Automatic — Owners, Lessees Or ZURICH V
Contractors
Policy No. Eff. Date of Pol. Exp. Date of PoL Eff.Date of End. Producer No. Add'I.Prem Return Prem.
�GLO-0111561-03 �3/1/2018 3/1/2019 39062000 INCL
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 II—Who Is An Insured is amended to include as an additional Insured 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 induded 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 induding:
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 negllgence or other wrongdoing In the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
"bodlly injury" or "properry 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 CW(04113)
Page 1 of 2
Includes copyrighted ma�erial of Insurance Services Office, Inc.,with its permission.
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Sult of Section IV —
Commercial General Liability Conditions:
The additlonal insured must see to it that:
1. We are notified as soon as practicable of an 'bccurrence"or offense that may result in a claim;
2. We receive written notice of a claim or"suiY' as soon as practicable; and
3. A request for defense and indemnity of the claim or "suiY' 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 I
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 General 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 ihis insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Conditlon 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 basls, available to an additional
insured, in which the additional insured on our policy Is also covered as an additlonal insured on another policy
providing coverage for the same "occurrence", offense, daim or"suiP'. This provision does not apply to any pollcy
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 addltional 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 wriiten 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 pollcy remain unchanged.
U-GL-1175-F CW(OM13)
Page 2 of 2
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Waiver Of Subrogation (Blanket) F�dorsement
Policy no. EfL Dme of Pol. Exp. Dute of Pal. EfE Da[e of End. Pmducec Add'1.Prem Remrn Prem.
GLO-0111561-03 3/1/2018 3/1/2019 39062000 S WCL $
THIS ENDORSE�i�NT CHANGBS TH�POLICY. PLEASE R�AD IT CAREFULLY.
This endorsement modifies insurance provided under the:
Comme�cial General Liability Coverage Part
The following is added to the 'Pransfer Of 12ights Of Recovery Against Otheis To Us Condition:
if you are required by a written contract or ag�cement, which is executed before a loss, to waive your rights of recovery from
odiers, we agrce to evaive ow' rights of recovery. This waiver of rights shall not be consh�ucd to be a waiver witl�res�ect to
2ny other operations in which the insured has no contraetual intzrest.
U-C3L-935-R CW p2/01)
Pu�e I af I
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the righi to recover our payments from anyone Ilable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED
PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BV YOU
AND FOR THAT PERSON AND/OR ORGANIZATION
This endorsement changes the policy to which it is attached and is eflective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. WC-0111572-03 Endorsement No,
Insured Applied Ecological Services, Inc. Premium$
Insurance Company Zurich American Insurance Company Countersigned by
WC124 (4-84) Page 1 of 1
WC 00 03 13 Copyrigh11983 National Council on Compensation Insurance, Inc. Uniform Forms�M
POLICY NUMBER:GLO O1ll561-03 COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE
THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL
AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE
NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP
UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM.
Information re uired to com lete this Schedule, if not shown above will be shown in the Declarations.
A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for
obligated to pay as damages caused by damages or under Coverage C for medical
"occurrences"under Section I —Coverage A,and expenses shall reduce the Designated
for all medical expenses caused by accidents Construction Project General Aggregate Limit
under Section I —Coverage C, which can be for that designated construction project. Such
attributed only to ongoing operations at a single payments shall not reduce the General
designated construction project shown in the Aggregate Limit shown in the Declarations nor
Schedule above: shall they reduce any other Designated
1. A separate Designated Construction Projeci Construction Project General Aggregate Limit
General Aggregate Limit applies to each for any other designated construction project
designated construction project, and that limit shown in the Schedule above.
is equal to the amount of the General 4. The limits shown in the Declarations for Each
Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To
2. The Designated Construction Project General You and Medical Expense continue to apply.
Aggregate Limit is the most we will pay for the However, instead of being subject to the
sum of all damages under Coverage A,except General Aggregate Limit shown in the
damages because of "bodily injury"or Declarations, such limits will be subject to the
"property damage"included in the "products- applicable Designated Construction Project
completed operations hazard", and for General Aggregate Limit.
medical expenses under Coverage C
regardless of the number of:
a. Insureds;
b. Claims made or "suits"brought; or
c. Persons or organizations making claims or
bringing "suits".
CG 25 03 05 09 OO Insurance Services Office, Inc., 2008 Page 1 of 2 ❑
I
B. For all sums which the insured becomes legally C. When coverage for liability arising out of the
obligated to pay as damages caused by "productscompleted operations hazard"is
"occurrences"under Section I —Coverage A,and provided, any payments for damages because of
for all medical expenses caused by accidents "bodily injury"or "property damage"included in
under Section I —Coverage C,which cannot be the"products-completed operations hazard"will
attributed only to ongoing operations at a singie reduce the Products-completed Operations
designated construction project shown in the Aggregate Limit,and not reduce the General
Schedule above: Aggregate Limit nor the Designated Construction
1. Any payments made under Coverage A for Project General Aggregate Limit.
damages or under Coverage C for medical D. If the applicable designated construction project
expenses shall reduce the amount available has been abandoned, delayed, or abandoned
under the General Aggregate Limit or the and then restarted, or if the authorized
Products-completed Operations Aggregate contracting parties deviate from plans, blueprints,
Limit, whichever is applicable;and designs, specifications or timetables,the project
2. Such payments shall not reduce any will stili be deemed to be the same construction
Designated Construction Project General project.
Aggregate Limit. E. The provisions of Section III —Limits Of
Insurance not otherwise modified by this
endorsement shall continue to apply as
stipulated.
Page 2 of 2 �O Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑
U-GL-1114A CW(70/02) Policy Number
GLO 0111561-03
ENDORSEMENT
ZURICH AMERICAN COIVIPANY
Named Insured: APPLIED ECOLOGICAL SERVICE5,INC Effective Dnte: 03/OU2018
12:01 A.M., Stzndard Time
Agent Name: M3 INSURANCE SOLUTIONS, INC. Agent No.39062-000
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NONWAIVER OF GOVERNMENT IMMUNITY
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE:
NAME OF ORGANIZATION: The Citv of Dubuaue
SECTION IV— COMMERICAL GENERAL LIABILITY CONDITIONS is amended to add the
following:
NONWAIVER OF GOVERNMENT IMMUNITY
The purchase of this policy and naming of the organization shown in the schedule as an
Additional insured does not waive any of the defenses of governmental immunity available to the
Organization shown in the schedule under code of lowa section 670.4 as it now exists and as it
may be amended from time to time.
CLAIMS COVERAGE
This policy shall cover only those claims not subject to the defense of governmental immunity
under the code of lowa section 670.4 as it now exists and as it may be amended from time to
time.
ASSERTION OF GOVERNMENTAL IMMUNITY
The organization shown in the schedule shall be responsible for asserting any defense of
governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurance carrier.
NON-DENIAL OF COVERAGE FOR GOVERNMENTAL IMMUNITY
We shall not deny coverage or deny any of the rights and benefits accruing to the organization
shown in the schedule under this policy for reasons of governmental immunity unless and until a
court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity
asserted by the organization shown in the schedule.
U-GL-1114-A CW Q 0/02)
.
i