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R-30-10 Resolution Intergovt Agreement Park District Hines DragonflyRESOLUTION R-so-/o RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH LEMONT PARK DISTRICT FOR MANAGEMENT OF BAMBRICK PARK NATURALIZATION PROJECT WHEREAS, The Park District is the fee owner of Bambrick Park located west of Smith Road and south of 127t Street; and WHEREAS, the Village of Lemont is a partner in the Hine's Emerald Dragonfly Habitat Conservation Plan (HED HCP); and WHEREAS, Village of Lemont and Lemont Park District desire to enter into an Intergovernmental Agreement for management of the Bambrick Park Naturalization Project; and WHEREAS, the terms and conditions of the Agreement are outlined in the document attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Lemont, Cook, Will & DuPage Counties, Illinois that: Section 1: Incorporation of Recitals: The foregoing recitals are hereby expressly incorporated into and made a part of this Resolution as if fully set forth herein. Section 2: The Village President is authorized to execute the Intergovernmental Agreement for Management of Bambrick Park Naturalization Project attached hereto as Exhibit "A." Section 3: Effective Date: This Resolution shall become effective upon passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this 12th day of April , 2010. Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio Attest: CHARLENE SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT v V V v S Village President INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT OF BAMBRICK PARK NATURALIZATION PROJECT THIS INTERGOVERNMENTAL AGREEMENT is made this day of , 2010 (the "effective date "), by and between the Village of Lemont (the "Village "), and the Lemont Park District (the "Park District "). The Village and Park District are collectively referred to as "the Parties." RECITALS: A. The Park District is the fee owner of a certain parcel of land, commonly known as "Bamberick Park," located immediately west of Smith Road and several hundred meters south of 127th Street in Lemont, and legally described on Exhibit A,; and B. The Village of Lemont is a partner in the Hine's Emerald Dragonfly Habitat Conservation Plan (HED HCP); and C. The Village applied for HED HCP re -grant money for a naturalization and stewardship project on the east detention basin in Bamberick Park (the" Bamberick Naturalization Project "); and D. Hanson Material Service, also a partner in the HED HCP, has made available to the Village re- grant money totaling $36,000 for the Bamberick Naturalization Project; and E. Article VII, Section 10 of the Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage units of local government to enter into intergovernmental agreements; and F. The Parties have determined that it is in the public interest for the Village to assume certain management responsibilities with respect to the Subject Property and Subject Project. AGREEMENT NOW, THEREFORE, the Parties agree as follows: ARTICLE 1 RECITALS, EXHIBITS AND EFFECTIVE DATE 1.01 RECITALS. The Recitals set forth above and incorporate into this Artilce I as though fully set forth herein. 1.02 EXHIBITS. This Agreement includes the following exhibits, each of which is incorporated herein by this reference: Exhibit A: PIN and Legal Description of Subject Property Exhibit B: Map, Bambrick Park East Detention Naturalization Project Exhibit C: Ecological Restoration Services, Pizzo & Associates, October 07, 2009 Exhibit D: Stewardship Proposal, from Pizzo & Associates, October 07, 2009 Exhibit E: Detention Basin Specifications, from Pizzo & Associates, October 2009 Exhibit F: Hine's Emerald Dragonfly Habitat Conservation Plan Project Funding Agreement for Village of Lemont, November 9, 2009 Exhibit G: Hine's Emerald Dragonfly Habitat Conservation Plan Project Funding Agreement for Village of Lemont, September 21, 2009 1.03 EFFECTIVE DATE. The date set forth in the heading of this Agreement. ARTICLE II MANAGEMENT OF HED HPC PROJECT 2.01 The Park District agrees to allow the completion and naturalization and stewardship of the Bamberick Naturalization Project for the location as indicated in Exhibits A and B and as described in Exhibits C, D, and E. 2.02 The Parties agree that the Village shall serve as Project Manager for the Bamberick Park Naturalization Project. As Project Manager, the Village shall sign the funding agreements (Exhibits F and G) and execute, deliver, and perform the agreements incorporated herein as Exhibits B, C, D, and E. 2.03 The Village shall provide the Park District with timely notification of all work to be completed in conjunction with Exhibits B, C, D, and E. ARTICLE III REPRESENTATIONS OF AUTHORIZATION 3.01 Authorization of the Village. To induce the Park District to execute, deliver and perform this Agreement the Village represents and warrants to the Park District that the Village has full capacity, right, power and authority to execute, delver and perform this Agreement, and all required action and approvals therefore have been duly taken and obtained. 3.02 Authorization of the Park District. To induce the Village to execute, deliver, and perform this Agreement the Park District represents and warrants to the Village that the Township has full capacity, right, power and authority to execute, deliver and perform this Agreement, and all required action and approvals therefore have been duly taken and obtained. ARTICLE VI NOTICES 4.01 Any notice, request, demand, instruction, or other document to be given or served hereunder shall be in writing and shall be deliverd personally with a areceipt requested therefore or by fax or sent by recognized overnight courier service or by United States Postal Service registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at their respective addresses set forth vbelow, and the same shall be effecrtive (a) upon receipt or refusal if delivered personally or by fax; (b) one business day after depositing with such an overnight courier service or (c) two hbusiness days after deposit in the mails if mailed. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. If to the Park District: Lemont Park District Attention: Brian Sullivan 16028 127th Street Lemont, IL 60439 If to the Village: Village of Lemont Attention: James A. Brown 418 Main Street Lemont, IL 60439 ARTICLE V ENTIRE AGREEMENT, AMENDMENTS AND WAIVERS 5.01 This agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and the same may not be amended, modified or discharged nor may any of its terms be waived except by an instrument in writing signed by the party to be bound thereby. ARTICLE VI MISCELLANEOUS 6.01 The headings and captions herein are inserted for convenient reference only and the same shall not limit or construe the paragraphs or sections to which they apply or otherwise aaffect the interpretation ' thereof. 6.02 This Agreement and any document or instrument executed pursuant hereto may be executed in any number of counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 6.03 This Agreement shall be governed by and constructed in accordance with the laws of the State of Illinois. 6.04 Neither the Village nor the Park District shall avail itself of any remedy granted to it hereunder based upon an alleged default of the other party hereunder unless and until written notice of the alleged default, in reasonable detail, has been delivered to the defaulting party by the non - defaulting party and the alleged default has not been cured on or before 5:00 p.m on the fifth day following delivery of said notice of default. IN WITNESS WHEREOF, this Agreement has been executed and delivered by the Village and the Park District on the respective dates set forth beneath each of their signatures. LEMONT PARK DISTRICT THE VILL: • OF LEMONT By: By Printed name: 'tinted name: Title: Title: Date: Legal Description: Date: EXHIBIT A P.I.N. 12- 02 -36- 400 - 013 -0004 THT PRT OF SEC 36, T37N- R10E., BOUNDED & DAF: BEG AT A PT ON A LN DRAWN 33 FT W OF & PARL WITH THE E LN OF THE SE1 /4 OF SEC 36, 334.35 FT N OF THE S LN OF THE N1/2 OF THE SE1 /4; THC S 88 DEG 16' 51" W, ALG A LN DRAWN 334.33 FT N OF & PARL WITH THE S LN OF THE N1/2 OF THE SE1 /4, 2605.32 FT (2605.52 FT DRAWING) TO A PT ON THE W LN OF SD SE1 /4; THC N 61 DEG 20' 26" E, 917.46 FT TO A PT ON A LN DRAWN 750 FT N OF & PARL WITH THE S LN OF THE N1/2 OF SD SE1 /4; THC N 88 DEG 16' 51" E, ALG SD PARL LN, 1364.80 FT; (1364.593 FT DRAWING); THC S 66 DEG 31' 50" E, 470 TO A PT ON A LN DRAWN, 33 FT W OF &PARL WITH THE E LN OF SD SE1 /4; THC S 01 DEG 06' 50" E, ALG SD PARL LN, 216.65 FT (215.646 DRAWING) TO THE HEREINABOVE DESIGNATED POB. NEW LEASEHOLD ASSIGNMENT NDA: SSin:i+ . x"Sr:eri 1VJIONOI=V1O1S38 I,ne xroeaw O1OJ3 1E509 11.0.1i1 CVO. INI• et,01 51�3SINJW 1WJSONV OSNV SISIOO1OJ3 011'S31tl1ZOSSV ' OZZId 2 2 to Mare Prairie -1.15 Peres 11 '1NOW31 173fO2Id NOIIVZIVaf11VN NOIiN313a 1SV3 - NNW NDUI9WV8 10 1 Y 100 EV 140 pp@@ Y3 e a ° 811 g��a 1101111 51 l!li :11 Igli : 11 gig! G EWC aS6 "6 g - @ " e - rR s 84 ;� de sg _ _,1i1 aR1, h �GG83i°i a.'1 :r .4 A : ;ikha ?11 n Rg ,U i , Bg,_o_.0, ;11c.F °.___ ^oeaRoe °" ° as ° i1.1=f 4WIPg , x!',2 1/l 1 �f� °ll , 5118 111111111 /1x €111111!1 ii ijil @ y4& Y¢Y a a 4 78$oeeooee ^,go_ pAtI OA—o•-65e' ^poao'P ca�li i11111i1111/ /111 lib 11 ..1! 1§62 83$ PLLaaffpgg° � s$ 883 Psae 8 0 z cc 0 w z SCALE: 1"=40'-00" 1 1 1 s in 6 000. .•000� q Pizzo & Associates, Ltd. 5COLOGiCAL RESTORATION 10729 Rine Road • Leland, 11. 60531 t¢I 815-495.3300 • tet 815-448 -4406 ECOLOGICAL RESTORATION SERVICES For: Lemont Park District Project: Bambrick Park - East Detention Basin Naturalization Wednesday, October 07, 2009 Project Description: We propose to install native seed within the east detention basin located at Bambrick Park, Lemont, IL. Pricing is based on the restoration plan sheet R1.01 and specifications. Pizzo & Associates, Ltd. proposes to perform the following tasks using properly trained and supervised personnel: SITE PREPARATION: The 'basin slopes will be prepared for seed and plug installation by herbiciding the existing turf vegetation and leaving the remaining herbaceous and root structure in place to provide soil stabilization and erosion control. We choose the herbicide with the least environmental impact for the task at hand. A licensed operator in accordance with state laws applies all herbicides. If necessary basin slopes areas of exposed soil will be tilled and re- graded. EROSION CONTROL: Erosion control blanket will be installed in areas which have exposed soil and are susceptible to erosion by wind and water. North American Green SC -150 straw /coconut blanket will be installed in these areas directly after seeding. PLANTING: A mix of native grass, sedge and flower seed will be installed on the basin slopes and bottom. Seed will be installed at a rate per the seed mix on sheet R1.01 of the restoration plan. It is important with basin restorations to use these seeding rates to ensure germination and quickly establish root systems providing soil stability and stormwater infiltration. Seeds will be installed with a no -till Truax native seed drill. The species of the seed installed will be developed specifically for this site based on historical data and current site conditions. A mycorrhizal (fungus) inoculant will be added to the seed to provide the necessary associations for the new root system of the native plants. NOTE: A newly seeded area will need to be mowed at 4 -8" for 2 seasons to reduce the competition for light and space by weedy plants. If the planted area is not mowed the seeding is destine for failure. COMPENSATION SUMMARY —Lump Sum: $13,997.75 't� ;I . -.ito k -,..- Site Preparation & Erosion Control $ 3,162.75 c°t�h..� l .�- d'�z".i�.�3. -ao- ..aZ. ... • . rte#% ie . � �+, a ws 1.. �'la... �:i. o'',irl§ © Pizzo and Associates Ltd 2007 Last Updated 05 -03 -07 ECOLOGICAL RESTORATION BUDGET PROJECT # 109219 -01 -BAMB ACCEPTANCE — I /We represent and warrant that I /we have authority to enter into this Contract. We accept the aforementioned and further accept the PIZZO & ASSOCIATES, LTD. STANDARD TERMS AND CONDITIONS, attached and hereby made part of this contract. We do hereby authorize Pizzo & Associates, Ltd. to • erf. .e work as stated. Autho,ked Representative / Date Village of Lemont (464— 10.07.2009 Pizzo & Associates, Ltd. / Date Please sign and return one copy of the proposal with your deposit to our office. Fax signatures shall be deemed binding; this agreement may be signed in counterparts so long as all parties to the agreement have signed a copy of the agreement. If acting on behalf of the Owner: Printed Name: Title: Billine Information: Name: Company Name: Street Address 1: Street Address 2: City, State, & Zip Code: Main Phone: Mobile Phone: Fax: e -mail: Billing Notes: The terms of this proposal are valid for thirty (30) days from the date of this proposal. © Pizzo and Associates Ltd 2007 2 ECOLOGICAL RESTORATION BUDGET Lost Updated 05 -03 -07 PROJECT # 109219 -01 -BAMB PIZZO & ASSOCIATES, LTD. STANDARD TERMS AND CONDITIONS TERMS: Design-Build/Installation: Payment of 50% of contract total price as shown in the accompanying contract is due upon contract signing. The balance of the contract total price, plus any extras, is due upon completion. Any discrepancies must be brought to the attention of Pizzo & Associates, Ltd. within 10 days of receipt of the invoice. All unpaid balances will carry a two percent (2 %) per month; twenty four percent (24 %) per annum finance charge. All returned checks will result in an additional $50.00 service charge. Design /Consultation /Stewardship /Prescribed Fire: Invoices will be sent each month in which services are provided. Payment is due within 30 days of receipt of the invoice. Any discrepancies must be brought to the attention of Pizzo & Associates, Ltd. within 10 days of receipt of the invoice. All unpaid balances will carry a two percent (2 %) per month, twenty four percent (24 %) per annum finance charge. All returned checks will result in an additional $50.00 service charge. ADDITIONS & DELETIONS: All additions and deletions shall be agreed to in writing by both parties. Additions will be billed on a time and materials basis unless otherwise stated in writing. Time will be billed including travel, pick up /delivery, clean up /setup plus any directly related costs as specified in the PIZZO & ASSOCIATES, LTD. STANDARD HOURLY FEE SCHEDULE. PREPAYMENT DISCOUNT: All accounts paid in full upon contract signing will receive a one and one -half percent (1.5 %) prepayment discount. GUARANTEES: Installed plantings shall immediately become the responsibility of the owner to maintain unless otherwise agreed to in writing. Owner Managed Sites: Native trees and shrubs are guaranteed to live for a period of one (1) year from the date of installation or will be replaced at no expense to the Owner. Replacement of the dead trees or shrubs is the Owner's sole available remedy, and Pizzo & Associates, Ltd. may substitute the dead plant or shrub with another species in its sole discretion. This guarantee shall be invalid if the Owner has foiled to use reasonable care (water, weeding, invasive species control, mowing, protection from damage, etc.) during said period. This warranty does not cover damage occurring due to the fault of the owner or a third party or due to acts of God, war or wildlife. Installed perennials, seed, annuals and transplanted material(s) carry no guarantee /warranty expressed or implied. Pizzo Managed Sites: Native trees and shrubs are guaranteed to live for a period of one (1) year from the date of installation or will be replaced at no expense to the Owner. Replacement of the dead tree or shrub is the Owner's sole available remedy, and Pizzo & Associates, Ltd. may substitute the dead tree or shrub with another species in its sole discretion. Native seed installations are guaranteed to have at least three (3) native plants per square foot at the end of the fifth growing season. Pizzo & Associates, Ltd. will re -seed those areas not in compliance at no expense to the Owner. Under no circumstances shall this guaranty extend beyond five years from the date of contract, nor shall it require more than one (1) replanting by Pizzo & Associates, Ltd. of any area. Installed native perennials are guaranteed to have an 80% survival rate after one (1) year. Required plants will be replaced at no expense to the Owner. Replacement of the dead plants is the Owner's sole available remedy, and Pizzo & Associates, Ltd. may substitute the dead plant with another species in its sole discretion. The Owner's sole and exclusive remedy for seeds and plants covered under any of the above guarantees will be the replacement of plant or re- planting of the seed on a one -time basis only. The above warranties do not cover damage occurring due to the fault of the Owner or a third party or due to acts of God. © Pizzo and Associates Ltd 2008 Last Updated 05 -05 -08 Failure to make payment within thirty (30) days of the final invoice issued upon job completion voids all guarantees expressed or implied. Prescribed Fire: No guarantee /warranty is expressed or implied as to the completeness, coverage, intensity or results of the prescribed fire. If the conditions are acceptable to Pizzo & Associates, Ltd., and the local fire jurisdiction gives permission to ignite the prescription fire, and Pizzo & Associates, Ltd. is forced to shut down due to no fault of Pizzo & Associates, Ltd., the full balance will be due. Any return trip to complete the fire will be billed at the rate stated in the contract. Landscape plantings, mulch beds and above ground utilities in or in close proximity to the burn unit could sustain damage due to heat /flames and shall not be guaranteed. The Owner acknowledges that there will be smoke generated by the prescribed fire, and it will move off site during the burn. The Owner /Agent will notify potentially affected parties in proximity to the prescribed burn units. The Owner hereby agrees to indemnify Pizzo & Associates, Ltd. and its employees and agents and hold them harmless for all instance of damage due to a prescribed fire. If the local authorities require their presence and charge a fee to do so, those costs will be paid by the Owner in addition to the contract price. Aquatic Weed Control: Due to the highly unpredictable nature of the weather, nutrient availability, and water levels; no control or eradication of any aquatic weed species is warranted. RIGHT OF SUBSTITUTION: The Owner agrees that Pizzo & Associates, Ltd. may, without the Owner's consent, substitute hard materials, quantities and plant species where deemed by Pizzo & Associates, Ltd. to be required due to planting conditions, nursery stock availability or to otherwise enhance the project without changing the nature or character of the project. CONDITIONS: The Owner shall provide Pizzo & Associates, Ltd. a current plat of survey for delineation of the property lines. If the boundary markers are not visible, Pizzo & Associates, Ltd. will hire a surveyor, at the Owner's expense +10 %, to visit the site to mark the boundary points. The Owner shall notify Pizzo & Associates, Ltd. of all private utilities (piping, wiring, sprinkler system components, obstructions) prior to work beginning. Repairs to any unmarked sprinkler system, television or satellite cables, invisible dog fences or other underground utilities shall be the sole responsibility of the Owner. If site conditions are not as they appear above ground or there are buried obstructions or debris, changes to the plan and work will be billed according to the PIZZO & ASSOCIATES, LTD. STANDARD HOURLY FEE SCHEDULE. Except on prescribed fire, the Owner will pay for fees and time to obtain all necessary licenses & permits. DESIGN PLANS AND PHOTOGRAPHS: The Owner expressly authorizes Pizzo & Associates, Ltd. to make sketches or drawings and /or take photographs of the subject property and any buildings located on the subject property and to use the resulting photographs, sketches or drawings for purposes of developing a design and restoration plan and to publish the photographs and /or design and landscaping plan for marketing or educational purposes. The photographs, design and restoration plan shall remain the exclusive property of Pizzo & Associates, Ltd., together with any and all copyrights thereto. DEFAULT REMEDIES: In the event the Owner is in default of his /her /their obligations hereunder, the Owner shall pay any and all expenses incurred by Pizzo & Associates, Ltd. to collect the amounts due, including but not limited to court costs, reasonable attorneys fees and accrued interest. The parties hereto further agree that any lawsuit based upon this contract or related to the services rendered and /or materials supplied pursuant to this contract shall be filed exclusively in the Eighteenth Judicial Circuit Court in Wheaton, Illinois, County of DuPage. Page 1 of 1 Pizzo & Associates, Ltd. C.OLOGIC.AL RESTORATION 10729 Dine Road • Leland. IL 60531 tel 615.495.2300. fox 815.498 1406 STEWARDSHIP PROPOSAL For: Village of Lemont Project: Bambrick Park — Detention Basin Stewardship This agreement, made and entered into Wednesday, October 07, 2009 shall be between The Village of Lemont, hereinafter referred to as the Owner /Agent and Pizzo & Associates, Ltd., hereinafter referred to as Pizzo. Stewardship services shall consist of the following: I. SERVICES Pizzo agrees to perform the following services to approximately 2.5 acres of restored natural areas, using properly trained and supervised personnel. A. The services for the month of NOVEMBER through APRIL shall be per the following schedule: 1. Implement controlled burn in natural areas, as needed. Pizzo will use fire as a tool to clear debris, recycle nutrients and stimulate native plant and animal species. Our fire crew is comprised of S130/S190 trained crew leaders knowledgeable in the fuel types present. The fire crew will create needed firebreaks and place noticeable signage prior to the burn. Seeds will be harvested prior to the burn to allow for post burn dispersal. The areas to be burned will contain unburned refuge for animal species. Due to the unpredictability of the weather, it may be necessary to postpone the burn to the next burn season. It is possible that local conditions could cause the burn unit to burn poorly when all conditions are within parameters. Pizzo will obtain the necessary permits. The Owner /Agent shall notify neighbors when applicable. When conducted, controlled burns will be billed in addition to General Stewardship services at the rate specified below 2. Control invasive woody & herbaceous flora through cultural methods, physical removal or the application of appropriate herbicides. The native plants will take advantage of the competitive release created by mowing, the timely application of herbicide or physical removal of the non - native plants. 3. Pizzo will collect the seeds of the native plants to disperse into the open areas during the growing season or after the controlled burn. B. The services for the months of MAYthrough OCTOBER shall be per the following schedule: 1. Control invasive woody & herbaceous flora through cultural methods, physical removal or the application of appropriate herbicides. See paragraph A2. 2. We will collect the seed of the native plants to disperse into the open areas during the growing season or after the controlled burn. 3. Mow all restored areas, if necessary, to control invasive flora and allow light to the ground for new seedlings. 4. Prepare the site for the controlled burn by creating needed fire breaks. 5. Plant supplemental native seed and /or plugs at Pizzo's discretion to increase native plant competition & biodiversity (this item may be paid for out of the "Labor" and /or "Herbicide" budget lines). © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 Page 1 of 3 STEWARDSHIP PROPOSAL PROJECT #109219 -01 -BAMB ESTIMATED STEWARDSHIP SCHEDULE* Month Visits by Crew Herbicide Mow Collect & Disperse Burn Prep Burn ** April 0 -1 X X X May 1 -2 X X X X X June 1 -2 X X X July 1 -2 X X August 1 -2 X X September 1 -2 X X October 01 X X X X November 0 -1 X X X X December - March 0 -1 X X X X *Because natural areas are dynamic systems that constantly change and adapt to current conditions, the stewardship schedule must be flexible as well to allow Pizzo to react to conditions on the ground. This schedule should be considered a guideline and may be varied from to react to current site conditions. * *In newly planted natural areas, the execution of a prescribed fire may not be possible until the second or third growing season. II. GENERAL INFORMATION A. Owner / Agent to provide a "Plat of Survey" for definitive location of project boundaries. B. Areas to be managed will be designated as per survey. C. Pizzo will provide minimum insurance coverage of $1,000,000.00 for each of the following: General Liability, Umbrella and Prescription Fire. Please see Certificate of Insurance for details. D. Pizzo will keep a log of restoration activities performed during the contract period. E. Chemicals used will have the lowest environmental impact for the task at hand. Organic or cultural practices will be used whenever practical. F. Debris created during the day's work shall be placed into burn piles on site to be included in the prescribed burn. G. Landscape plantings in proximity of the burn unit(s) can suffer damage and shall not be covered by any warranty or insurance policy. The Owner /Agent /any association member shall hold Pizzo & Associates, Ltd. harmless for damages as a result of the prescribed burn in their natural area(s). H. Watering of trees, shrubs and perennials can be done as an additional item and will be performed as an addendum to this agreement at an additional charge. III. COMPENSATION The Owner /Agent will pay Pizzo for the aforementioned services, billed at the following rates: Labor - Billed $45.00 per man hour including travel time General Stewardship - Not to exceed $5,670.00 per year Herbicide - Applied Herbicide - Not to exceed $420.00 * ** per year ** *Herbicide will be billed per gallon applied at market prices. Per gallon herbicide pricing can be supplied upon request. Prescribed Fire — © Pizzo and Associates Ltd 2006 STEWARDSHIP PROPOSAL Last Updated 06 -01 -06 PROJECT #109219 -01 -BAMB Page 2 of 3 Controlled Burn - Not to exceed $3,780.00 per burn, when performed Anticipated Cost Schedule: v�'k 'r " .. >... c . '�+ .Y f :. Street Address 1: 2010 $ 5,670.00 $ 400.00 $ - $ 6,070.00 2011 $ 5,670.00 $ 400.00 $ - $ 6,070.00 2012 $ 5,670.00 $ 400.00 $ 3,780.00 $ 9,850.00 tr''� t '"'s"- #u t t IV. AGREEMENT The term of this contract shall be 01/01/2010 through 12/31 /2012. ACCEPTANCE — I /We represent and warrant that I /we have authority to enter into this Contract. We accept the aforementioned and further accept the PIZZO & ASSOCIATES, LTD. STANDARD TERMS AND CONDITIONS, attached and hereby made part of this contract. We do hereby authorize Pizzo & Associates, Ltd. to perform the work as stated. Authori,ed Representative / Date Village of Lemont C2! 10/07/2009 Pizzo & Associates, Ltd. / Date Please sign and return one copy of the proposal with your deposit to our office. Fax signatures shall be deemed binding; this agreement may be signed in counterparts so long as all parties to the agreement have signed a copy of the agreement. If acting on behalf of the Owner: Printed Name: Title: Billing Information: Name: Company Name: Street Address 1: Street Address 2: City, State, & Zip Code: Main Phone: Mobile Phone: Fax: e -mail: Billing Notes: The terms of this proposal are valid for thirty (30) days from the date of this proposal. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 Page 3 of 3 STEWARDSHIP PROPOSAL PROJECT #109219 -01 -BAMB PIZZO & ASSOCIATES, LTD. STANDARD TERMS AND CONDITIONS TERMS: Desian -Build /Installation: Payment of 50% of contract total price as shown in the accompanying contract is due upon contract signing. The balance of the contract total price, plus any extras, is due upon completion. Any discrepancies must be brought to the attention of Pizzo & Associates, Ltd. within 10 days of receipt of the invoice. All unpaid balances will carry a two percent (2 %) per month; twenty four percent (24 %) per annum finance charge. All returned checks will result in an additional $50.00 service charge. Desian /Consultation /Stewardshio /Prescribed Fire• Invoices will be sent each month in which services are provided. Payment is due within 30 days of receipt of the invoice. Any discrepancies must be brought to the attention of Pizzo & Associates, Ltd. within 10 days of receipt of the invoice. All unpaid balances will carry a two percent (2 %) per month, twenty four percent (24 %) per annum finance charge. All retumed checks will result in an additional $50.00 service charge. ADDITIONS & DELETIONS: All additions and deletions shall be agreed to in writing by both parties. Additions will be billed on a time and materials basis unless otherwise stated in writing. Time will be billed including travel, pick up /delivery, clean up /setup plus any directly related costs as specified in the PIZZO & ASSOCIATES, LTD. STANDARD HOURLY FEE SCHEDULE. PREPAYMENT DISCOUNT: All accounts paid in full upon contract signing will receive a one and one -half percent (1.5 %) prepayment discount. GUARANTEES: Installed plantings shall immediately become the responsibility of the owner to maintain unless otherwise agreed to in writing. Owner Managed Sites: Native trees and shrubs are guaranteed to live for a period of one (1) year from the date of installation or will be replaced at no expense to the Owner. Replacement of the dead trees or shrubs is the Owner's sole available remedy, and Pizzo & Associates, Ltd. may substitute the dead plant or shrub with another species in its sole discretion. This guarantee shall be invalid if the Owner has failed to use reasonable care (water, weeding, invasive species control, mowing, protection from damage, etc.) during said period. This warranty does not cover damage occurring due to the fault of the owner or a third party or due to acts of God, war or wildlife. Installed perennials, seed, annuals and transplanted material(s) carry no guarantee /warranty expressed or implied. Pizzo Managed Sites: Native trees and shrubs are guaranteed to live for a period of one (1) year from the dote of installation or will be replaced at no expense to the Owner. Replacement of the dead tree or shrub is the Owner's sole available remedy, and Pizzo & Associates, Ltd. may substitute the dead tree or shrub with another species in its sole discretion. Native seed installations are guaranteed to have at least three (3) native plants per square foot at the end of the fifth growing season. Pizzo & Associates, Ltd. will re -seed those areas not in compliance at no expense to the Owner. Under no circumstances shall this guaranty extend beyond five years from the date of contract, nor shall it require more than one (1) replanting by Pizzo & Associates, Ltd. of any area. Installed native perennials are guaranteed to have an 80% survival rate after one (1) year. Required plants will be replaced at no expense to the Owner. Replacement of the dead plants is the Owner's sole available remedy, and Pizzo & Associates, Ltd. may substitute the dead plant with another species in its sole discretion. The Owner's sole and exclusive remedy for seeds and plants covered under any of the above guarantees will be the replacement of plant or re- planting of the seed on a one -time basis only. The above warranties do not cover damage occurring due to the fault of the Owner or a third party or due to acts of God. © Pizzo and Associates Ltd 2008 Last Updated 05 -05 -08 Failure to make payment within thirty (30) days of the final invoice issued upon job completion voids all guarantees expressed or implied. Prescribed Fire: No guarantee /warranty is expressed or implied as to the completeness, coverage, intensity or results of the prescribed fire. If the conditions are acceptable to Pizzo & Associates, Ltd., and the local fire jurisdiction gives permission to ignite the prescription fire, and Pizzo & Associates, Ltd. is forced to shut down due to no fault of Pizzo & Associates, Ltd., the full balance will be due. Any return trip to complete the fire will be billed at the rate stated in the contract. Landscape plantings, mulch beds and above ground utilities in or in close proximity to the burn unit could sustain damage due to heat /flames and shall not be guaranteed. The Owner acknowledges that there will be smoke generated by the prescribed fire, and it will move off site during the burn. The Owner /Agent will notify potentially affected parties in proximity to the prescribed burn units. The Owner hereby agrees to indemnify Pizzo & Associates, Ltd. and its employees and agents and hold them harmless for all instance of damage due to a prescribed fire. If the local authorities require their presence and charge a fee to do so, those costs will be paid by the Owner in addition to the contract price. Aquatic Weed Control: Due to the highly unpredictable nature of the weather, nutrient availability, and water levels; no control or eradication of any aquatic weed species is warranted. RIGHT OF SUBSTITUTION: The Owner agrees that Pizzo & Associates, Ltd. may, without the Owner's consent, substitute hard materials, quantities and plant species where deemed by Pizzo & Associates, Ltd. to be required due to planting conditions, nursery stock availability or to otherwise enhance the project without changing the nature or character of the project. CONDITIONS: The Owner shall provide Pizzo & Associates, Ltd. a current plat of survey for delineation of the property lines. If the boundary markers are not visible, Pizzo & Associates, Ltd. will hire a surveyor, at the Owner's expense +10 %, to visit the site to mark the boundary points. The Owner shall notify Pizzo & Associates, Ltd. of all private utilities (piping, wiring, sprinkler system components, obstructions) prior to work beginning. Repairs to any unmarked sprinkler system, television or satellite cables, invisible dog fences or other underground utilities shall be the sole responsibility of the Owner. If site conditions are not as they appear above ground or there are buried obstructions or debris, changes to the plan and work will be billed according to the PIZZO & ASSOCIATES, LTD. STANDARD HOURLY FEE SCHEDULE. Except on prescribed fire, the Owner will pay for fees and time to obtain all necessary licenses & permits. DESIGN PLANS AND PHOTOGRAPHS: The Owner expressly authorizes Pizzo & Associates, Ltd. to make sketches or drawings and /or take photographs of the subject property and any buildings located on the subject property and to use the resulting photographs, sketches or drawings for purposes of developing a design and restoration plan and to publish the photographs and /or design and landscaping plan for marketing or educational purposes. The photographs, design and restoration plan shall remain the exclusive property of Pizzo & Associates, Ltd., together with any and all copyrights thereto. DEFAULT REMEDIES: In the event the Owner is in default of his /her /their obligations hereunder, the Owner shall pay any and all expenses incurred by Pizzo & Associates, Ltd. to collect the amounts due, including but not limited to court costs, reasonable attorneys fees and accrued interest. The parties hereto further agree that any lawsuit based upon this contract or related to the services rendered and /or materials supplied pursuant to this contract shall be filed exclusively in the Eighteenth Judicial Circuit Court in Wheaton, Illinois, County of DuPage. Page 1 of 1 PIZZO & ASSOCIATES, LTD. STANDARD HOURLY FEE SCHEDULE Effective January 1, 2009 to December 31, 2009 PROFESSIONAL STAFF: Senior Ecologist: Ecologist: Senior Landscape Architect: Landscape Architect: Landscape Designer: $125.00 $85.00 $105.00 $85.00 $45.00 ADMINISTRATIVE STAFF: $45.00 FIELD STAFF/LABOR: $45.00 REIMBURSABLE EXPENSES: TRAVEL Mileage- Car/Light Truck Current Rate Per Diem, Lodging, Meals Cost + 10% Airfare Cost+ 10% Car Rental Cost + 10% OUTSIDE SERVICES Deliveries Cost + 10% Prints/Plots/PhotosNarious Media Cost + 10% Professional Services Cost + 10% Contracting Services Cost + 10% IN -HOUSE SERVICES Large B &W Plots (Print Bond) $1.50/Ea. Large B &W Plots (Design Bond) $2.50/Ea. Large B &W Plots (Glossy) $3.50/Ea. Large Color Plots (Print Bond) $5.00/Ea. Large Color Plots (Design Bond) $10.00/Ea. Large Color Plots (Glossy) $12.00/Ea. Color Prints (Letter) $1.00/Ea. Color Prints (Legal) $1.50/Ea. Color Prints (11x17) $2.00/Ea. Foam Core Mounting $15.00/Ea. Report Binding (Simple) $3.50/Ea. Report Binding (Complex) $4.50/Ea. © Pizzo and Associates Ltd 2008 Last Updated 12 -23 -08 Pizzo & Associates, Ltd. ECOLOGICAL RESTORATION 10729 Pine Road Leland, IL 60531 tel 815.495.2300 fax 815.498.4406 info @ pizzo.info www.pizzo. info BAMBRICK PARK Lemont, IL DRAFTED BY: Pizzo and Associates Ltd — October, 2009 © Pizzo and Associates Ltd 2006 DETENTION BASIN NATURALIZATION SPECIFICATIONS NATIVE HERBACEOUS PLANTING PART1 GENERAL 1.01 DESCRIPTION A. This section describes native planting requirements for natural areas restoration, reconstruction, or creation. 1.02 WORK INCLUDED A. Work shall include all labor, material, equipment, and transport necessary for site preparation (includes minor grading), identification of invasive /weedy species, eradication of invasive /weedy species, planting, seeding, and erosion control as related to the installation of native plant species. 1.03 CONTRACTOR QUALIFICATIONS A. All work in this section shall be performed by a Natural Areas Contractor with at least seven (7) years of documented experience in native seeding, planting, and natural areas management, and shall be able to demonstrate their knowledge in the field. Natural Areas Contractor shall submit a statement of qualifications with their bid containing the following information. B. The Natural Areas Contractor shall provide at least one foreman who will be present at all times during execution of the work. The foreman shall possess a minimum two (2) year degree or five (5) years of documented experience in natural resources, biology, or a related field. They shall have at least five (5) years of field experience in native plant/seed installation. The foreman shall be well versed in the identification of native and non - native woody & herbaceous species during both the dormant and growing seasons. C. Foremen, laborers, and other field staff shall be thoroughly familiar with natural areas restoration, and shall have a working knowledge of the type and operation of equipment being used. All Native Herbaceous Planting crewmembers shall be well versed in the identification of native and non - native woody & herbaceous species during both the dormant and growing seasons.. 1.04 PERMITS AND FEES A. Natural Areas Contractor shall obtain any necessary permits for this Section of work and pay any fees required for permits. 1.05 RELATED SPECIFICATIONS A. The Natural Areas Contractor shall be responsible for work covered under this section, Natural Areas Stewardship, and Prescribed Fire. No work in these three sections shall be sub- contracted. 1.06 BACKGROUND INFORMATION A. These specifications are based on information present at the site under normal conditions. Conditions that occur during site preparation and planting may differ from those shown on the plans. It shall be the responsibility of the Natural Areas Contractor to establish final planting © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -1 NATIVE HERBACEOUS PLANTING limits at the time of planting, based upon field conditions encountered. Final planting limits are subject to the approval of the Owner /Owner's Representative. B. It is the responsibility of the Natural Areas Contractor to locate, identify, and eradicate any species that may endanger the successful establishment and Tong -term health of the specified native plant communities within the project area/site. See Exhibit "A" for a list of common Exotic /Invasive Species. PART2 PRODUCTS 2.01 GENERAL A. See Plan(s) R1.01for Native Seed & Native Plant schedule. B. All materials described and specified herein are subject to inspection and approval by Owner /Owner's Representative. C. Materials shall be inspected by the Owner /Owner's Representative at time of delivery to the project site. This inspection does not waive the right to reject any material after it has been installed. D. The specified species and quantities in the plans may be modified as a result of site conditions and /or availability by the Owner /Owner's Representative. 2.02 NATIVE SEED A. Nomenclature: The names of plants required under this Contract conform to those given in the "Standardized Plant Names ", 1942 Edition, prepared by the American Joint Committee on Horticultural Nomenclature. Names of varieties not included therein conform generally with names accepted in the nursery trade. Standards: 1. All plant materials, methods, etc. are to conform to the Standards of the American Association for Nursery Stock (ANSI Z60.1- 1980). In the event there is a discrepancy between these standards and this Specification, the most restrictive requirement shall govern. 2. All seeds and plants shall be of straight species, no horticultural varieties shall be acceptable. C. Natural Areas Contractor shall provide a fresh clean current season crop of the specified seed species. D. All native seed shall be provided on a pure live seed (PLS) basis where available. Actual seed amounts used on the project will vary with the actual percent of PLS in the seedlot. Seed supplied to the site shall contain documentation of PLS testing and, if required, adjustment of the seed weights to provide 100% PLS standards. PLS adjustment must be based on seed test results no older than 12 months. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -2 NATIVE HERBACEOUS PLANTING E. Seed shall be mixed with a cover crop consisting of Avena sativa (Seed Oats) at a rate of sixty (60) pounds per acre for Spring plantings no cover crop will be necessary for Fall installations. A granular form of EndoMycorrhizal inoculant at a rate of fifty (50) pounds per acre and a Rhizoboal inoculants at a rate of five (5) pounds per acre shall be added to the seed mixture. F. Seed packaging shall be legibly tagged as to supplier name & address, species, size of container, and germination testing results (if applicable). Seed stock shall be true to species as specified in the plans, or as approved in writing by the Owner /Owner's Representative. G. Seed containing noxious weeds will not be accepted. Seed collected from the wild will not be accepted. It is a violation of the law to disturb, injure, or collect any plant on a national wildlife refuge or state nature preserve. H. Forb species seed shall have undergone a period of appropriate stratification at the source of supply. I. All seed shall be furnished in sealed containers. Seed that has become wet, moldy, or otherwise damaged in transit or storage will not be acceptable. J. All seed shall be shipped in single species containers directly from the supplier and shall be mixed at the time of planting by the Natural Areas Contractor. At no time shall seed species be mixed by the supplier. K. Natural Areas Contractor shall provide written documentation to the Owner /Owner's Representative as to the source of supply, quantities, and species of the seed ordered prior to Final Acceptance (i.e. supplier's invoice). 2.03 SOURCES OF SUPPLY A. Prairie seed and live plugs shall be purchased from a nursery specializing in native plants. Seed and live plug stock shall be obtained from sources within the same EPA Level III Ecoregion as the project site. If the specified species are not available from the same Ecoregion seed shall be obtained from an adjacent Ecoregion, preferably to the west or east, but no further than 300 miles from the project site. B. Before submitting a bid, the Natural Areas Contractor shall have investigated available sources of supply and be satisfied that the specified seeds can be provided in the variety, quality and quantity indicated by an approved nursery. 2.04 FERTILIZER A. All native seed mixes shall be combined with an appropriate EndoMycorrhizal inoculant such as: 1. AM 120 Mycorrhizal Inoculum Reforestation Technologies International PH: 815- 872 -1190 FX: 831-424-1495 E -mail: info@reforest.com www.reforest.com © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -3 NATIVE HERBACEOUS PLANTING -or approved substitution (must be approved in writing by Owner /Owner's Representative prior to bidding) B. Application rate shall be a minimum of forty (40) pounds per acre. C. Absolutely no other fertilizers shall be used for this work. 2.05 EROSION CONTROL AND MULCH A. Erosion Control Blanket shall be: 1. North American Green SC -150 Double Net Straw /Coconut Blanket North American Green Evansville, IN 47725 PH: 800 - 772 -2040 www.nagreen.com 2.06 HERBICIDE A. General requirements: 1. All herbicide product labels must be strictly followed and shall supersede any of the information contained in these specifications. 2. All herbicide use shall be in strict compliance with manufacturers label specifications, application rates, procedures, warning labels, and all applicable codes, standards, and best management practices. 3. The Natural Areas Contractor shall have on site at all times the appropriate Materials Safety Data Sheets (MSDS) and labels for all substances utilized in the fulfillment of this project. 4. Herbicide(s) shall contain 0.25% v/v surfactant. If selected herbicide does not contain surfactant, the Natural Areas Contractor shall add appropriate surfactant(s) at the specified rate of the manufacturer and in accordance with all applicable regulations. 5. Herbicide(s) shall be mixed with water, oils, fuels, anti - foaming agents, and /or tackifiers in order to achieve the appropriate potency and /or to increase water resistance and persistence at the specified rate of the manufacturer and in accordance with all applicable regulations. 6. All herbicide(s) shall contain colored dye, such as "The Turfmark ", "Signal ", or "Spimax" mixed at a ratio of one -ounce to one - gallon applied to herbaceous plant material or "Bas -oil" mixed at a ratio of four - ounces to five - gallons applied to woody plant material, to aid in identification of areas or objects that have received herbicide treatment. 7. Natural Areas Contractor shall conduct herbicide applications so that over - application /overspray is minimized or eliminated. Herbicide shall be applied to treat © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -4 NATIVE HERBACEOUS PLANTING only those species targeted. Damage caused by mistreatment or over - application /overspray shall be quantified and calculated by the Owner /Owner's representative and repaired by the Natural Areas Contractor at no additional cost to the Owner or adjacent Land Owners. 8. No herbicide(s) shall be mixed or loaded on the project site. 9. A supply of chemical absorbent shall be maintained at the project site. Any chemical spills shall be cleaned up and reported to the Owner /Owner's Representative immediately. 10. Herbicide(s) shall not be applied within two (2) hours of anticipated precipitation or if heavy rains have resulted in an extremely wet soil or stump surface. Applications shall be postponed until the next expected dry two (2) hour period. If weather conditions are questionable, the Contractor shall contact the Owner /Owner's Representative for permission to proceed. 11. Natural Areas Stewardship Contractor shall not apply herbicide during periods of excessive wind. 12. Only personnel who are a State of Illinois licensed applicator or licensed operator working under a licensed applicator and is trained in plant identification shall perform the application of herbicides. The Contractor shall submit a copy of herbicide licenses for all applicators and operators to the Owner /Owner's Representative prior to beginning work on the project. 13. Approved non - selective herbicides (Active Ingredient): a. 2% - Razor, Rodeo, Round Up Pro/Ultra, or Accord (Glyphosate) b. 5% - Razor, Rodeo, Round Up Pro/Ultra, or Accord (Glyphosate) c. 25% - Razor, Rodeo, Round Up Pro/Ultra, or Accord (Glyphosate) d. 50% - Razor. Rodeo, Round Up Pro/Ultra, or Accord (Glyphosate) e. 100% - Razor, Rodeo, Round Up Pro/Ultra, or Accord (Glyphosate) f. 2% - Aquatic Rodeo, Aquatic Round Up Pro/Ultra, or Aquatic Accord (Glyphosate) g. 25% - Aquatic Rodeo, Aquatic Round Up Pro/Ultra, or Aquatic Accord (Glyphosate) 14. Approved selective herbicides (Active Ingredient): a. 2% - Ornamec (Fluazifop -p- butyl) b. 0.25% - Plateau (Ammonium Salt of Imazapic) © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -5 NATIVE HERBACEOUS PLANTING c. 2% - Garlon 3A or Tahoe 3A (Triclopyr Amine) d. 5% - Garlon 3A or Tahoe 3A (Triclopyr Amine) e. 10% - Garlon 3A or Tahoe 3A (Triclopyr Amine) f. 20% - Garlon 4E or Tahoe 4E (Triclopyr Ester) 15. With adequate documentation of efficacy and appropriateness, alternate herbicides may be utilized only with written approval by the Owner /Owner's Representative. Under no circumstances are persistent herbicides such as Atrazine to be used. 2.07 WATER A. Water shall be free of substances harmful to the growth of vegetation. PART 3 EXECUTION 3.01 PLANTING SEASON A. Optimal Seeding Times 1. March 1st — June 30th: Seeding during this period is appropriate, however germination of a portion of the seed may not occur until the following season due to lack of cold stratification, which is needed to break dormancy. The cover crop generally germinates within 2 -3 weeks upon seeding. 2. September 15th through October 31st: Seeding on bare, graded surfaces must be protected with appropriate erosion control blanket and /or mulch. There is typically Tess germination from the cover crop with a fall planting. B. Alternative Seeding Times 1. November 1st — February 28th: Seed must be protected from displacement due to water and wind erosion. Seeding on bare, graded surfaces must be protected with an appropriate erosion control blanket. Cover crops will not germinate during this seeding time and shall be eliminated at a cost savings to the Owner. 2. June 30th — September 15th: Installation of native seed shall be suspended unless irrigation can be provided or unseasonably cool and wet conditions persist. Any annual forbs specified in the seed mixes may germinate during this time, however they may not have sufficient time to flower and set seed before fall senescence, essentially removing them from the plant community. If this seeding time is chosen, annual forbs shall be removed from the seed matrix and planted at a subsequent, more appropriate time as determined by the Owner /Owner's Representative at no additional cost to the Owner. C. Alternate seeding times shall be approved in writing at the discretion of the Owner /Owner's Representative prior to installation. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -6 NATIVE HERBACEOUS PLANTING D. The approval of an alternate seeding time shall not relieve the Natural Areas Contractor from his /her performance obligations as outlined in the "Natural Areas Stewardship" section of these specifications. All performance criteria shall be enforced. 3.02 DELIVERY, HANDLING, AND TEMPORARY STORAGE A. Seed containers are to be stored off the ground and indoors. B. Seed packaging is to be protected from moisture and extreme heat. Seed shall be stored in a temperature controlled environment. C. On -site storage of seed shall be at the Natural Areas Contractor's own risk. Any damage incurred to seed stock while stored on -site shall not relieve the Natural Areas Contractor from his /her responsibility for furnishing and installing all native herbaceous plant materials in strict accordance with the Contract Documents without additional cost to the Owner. 3.03 VEGETATED SITE PREPARATION A. Planting areas that contain solid stands of existing non - native /weedy herbaceous vegetation and are not to be disturbed by grading operations, or have been graded and now have established non - native /weedy herbaceous vegetation, shall be treated with applications of a glyphosate herbicide resulting in a complete kill of all existing vegetation. Broadcast or "Boom" spraying of herbicide is acceptable under these conditions; precautions shall be taken to eliminate damage from overspray. Planting areas that contain existing desirable native herbaceous vegetation and are not to be disturbed by grading operations shall be treated with applications of an appropriate selective herbicide, resulting in a 100% kill of non - native /weedy herbaceous vegetation and the survival of existing desirable native herbaceous vegetation. Limited spot applications of herbicide shall be utilized if conservative native plant species within the planting are to be preserved. C. Planting areas that are heavily vegetated with persistent species such as fescues (Festuca spp.), Reed Canary Grass (Phalaris arundinacea), or Canada Thistle (Cirsium arvense) often require two or more herbicide applications at 2 -3 week intervals to kill resprouts and seedlings from the existing seed bank. D. Herbicide applications in or adjacent to shorelines or open water shall utilize an herbicide approved for aquatic use. E. Mowing and /or Prescribed Fire may be required to eliminate standing biomass prior to seeding. Conduct mowing and /or Prescribed Fire as shown on the Plan(s). F. Native Areas Contractor shall not disc or roto -till the soils within vegetated planting areas prior to planting, unless the area(s) have been heavily trafficked /compacted or as otherwise directed by the Owner /Owner's Representative. G. Natural Areas Contractor shall utilize equipment having low unit pressure ground contact within planting areas. They shall take precautions to ensure that equipment and vehicles do not damage the grading, utilities, structures, or existing trees and shrubs during planting operations. Any damage shall be repaired at no additional cost to the Owner. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -7 NATIVE HERBACEOUS PLANTING 3.04 DRY & MESIC SEEDING A. Upland & Mesic seed shall be applied as mixes. See R1.01 for seed schedule. B. Seed shall be mixed with a cover crop consisting of Avena sativa (Seed Oats) at a rate of sixty (60) pounds per acre for Spring plantings no cover crop will be necessary for Fall installations. A granular form of EndoMycorrhizal inoculant at a rate of fifty (50) pounds per acre and a Rhizoboal inoculants at a rate of five (5) pounds per acre shall be added to the seed mixture. C. Seed shall be drilled by a rangeland type no -till drill designed to plant native grass and forb seed (such as the Truax No -Till Drill) if the soil is firm enough. Seed shall be drilled in two (2) separate runs where each application of seed shall overlap the previous application by one half (1/2) the weight to insure double coverage of seeded areas (example: seed in a north to south direction @ ten pounds per acre, then overlap by seeding in an east to west direction @ ten pounds per acre, resulting in a total coverage of twenty pounds per acre [twenty pounds per acre is an example only, see this specification section for actual project seeding rates].) Each planting run shall overlap by a minimum of one (1) planting row. Some seed species require exposure to sunlight for germination, these species shall be planted separately, after drilling, utilizing the broadcasting method. D. Seed shall be installed at a depth no greater than 0.25" (1/4 "). E. Hydroseeding of Native Upland Seed is not acceptable. Hydromulch may be utilized as an erosion control method upon written approval by the Owner /Owner's Representative. F. The Natural Areas Contractor shall rake, roll or drag broadcast seeded areas perpendicular to the slope within 24 hours after seeding, or as soon as site conditions permit. The use of compaction wheels on the seed drill is acceptable. G. Erosion control measures will be taken in all planting areas with exposed soil or around drainage structures and shall be implemented immediately upon seeding completion. The Owner /Owner's Representative may reduce erosion control requirements based on site conditions and /or planting season at a cost savings to the Owner. 1. See Plans for locations of erosion control blankets. 2. All areas of exposed soil shall include the installation of an erosion control blanket. See Plans for locations and types of erosion control blanket. 3. Areas on which erosion mat has been disturbed prior to final acceptance by the Owner shall be re- mulched at no additional cost to the Owner. 3.05 CLEAN -UP A. During natural areas work, the Natural Areas Contractor shall store materials and equipment where directed by Owner /Owner's Representative. Pavements shall be kept clean and work areas shall be kept in an orderly condition. B. The Natural Areas Contractor shall protect landscape work and materials from damage due to landscape operations or operations by other trades and trespassers. Maintain protection © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -8 NATIVE HERBACEOUS PLANTING during installation and maintenance periods. Treat, repair or replace damaged landscape work as directed by the Owner /Owner's Representative. C. Remove all debris from the site resulting from planting operations. 3.06 STEWARDSHIP A. Conditional stewardship work for Native Planting Areas shall be conducted by the Natural Areas Contractor and shall begin immediately after planting. Conditional stewardship shall consist of stewardship actions as described in the Natural Areas Stewardship section of this specification and shall continue until native herbaceous planting final acceptance. All conditional stewardship work shall be considered incidental to the Native Herbaceous Planting work. B. Stewardship work for Native Planting Areas shall be a separate contract directly between the Natural Areas Stewardship Contractor and the Owner. The Stewardship contract shall be signed and executed by the Natural Areas Stewardship Contractor at the time of Construction Seeding /Planting contract signing. 1. Begin stewardship immediately after native herbaceous planting final acceptance and continue for three (3) growing seasons until Final Acceptance by the Owner. 2. See Natural Areas Stewardship section of these specifications for a description of required stewardship activities and information on Acceptance, Performance, Monitoring, Reporting and Remediation. PART 4 PERFORMANCE 4.01 NATIVE HERBACEOUS PLANTING ACCEPTANCE A. Substantial Completion: The work shall be considered 75% complete after all seed and erosion control structures have been installed and a three (3) year Stewardship Contract with the Owner has been executed. B. Final Acceptance: The work shall be considered 100% complete after completion of Substantial Completion Punch -list items and cover crop germination (if applicable) has begun to the satisfaction of the Owner /Owner's Representative. END OF NATIVE HERBACEOUS PLANTING SECTION © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -9 NATURAL AREAS STEWARDSHIP PART 1 GENERAL 1.01 DESCRIPTION A. This section describes the required activities of Natural Areas Stewardship and specifies the standards for Acceptance, Performance, and Remediation. B. Stewardship goals include the removal and complete eradication of invasive species, establish and encourage the healthy growth of native species, and increase overall site biodiversity. 1.02 WORK INCLUDED A. Work shall include all labor, material, equipment, and transport necessary for short -term stewardship of the natural area including the control of invasive woody and herbaceous flora through cultural methods, physical removal, biological control, or the application of appropriate herbicides. B. Prescribed fire shall be utilized as a management tool by the Natural Areas Stewardship Contractor and shall be performed as per specification section entitled "Prescribed Fire ". 1.03 CONTRACTOR QUALIFICATIONS A. All work in this section shall be performed by a Natural Areas Stewardship Contractor with at least seven (7) years of documented experience in native seeding, planting, and natural areas management, and shall be able to demonstrate their knowledge in the field. Natural Areas Stewardship Contractor shall submit a statement of qualifications with their bid containing the following information. B. The Natural Areas Stewardship Contractor shall provide at least one foreman who will be present at all times during execution of the work. The foreman shall possess a minimum two (2) year degree or five (5) years of documented experience in natural resources, biology, or a related field. They shall have at least five (5) years of field experience in natural areas stewardship for the purposes of ecological restoration. The foreman shall be well versed in the identification of native and non - native woody & herbaceous species during both the dormant and growing seasons. C. Foremen, laborers, and other field staff shall be thoroughly familiar with natural areas restoration, and shall have a working knowledge of the type and operation of equipment being used. All stewardship crewmembers shall be well versed in the identification of native and non- native woody & herbaceous species during both the dormant and growing seasons. 1.04 PERMITS AND FEES A. Natural Areas Stewardship Contractor shall obtain any necessary permits for this Section of work and pay any fees required for permits. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -1 NATURAL AREAS STEWARDSHIP 1.05 RELATED SPECIFICATIONS A. The Natural Areas Stewardship Contractor shall be responsible for work covered under this section, the Native Herbaceous Planting section, and the Prescribed Fire section. No work covered in these three sections shall be sub - contracted. 1.06 BACKGROUND INFORMATION A. Because Natural Areas are dynamic systems that constantly change and adapt to current conditions, the stewardship plan must be flexible. This plan shall be considered a starting point, a foundation on which the Natural Areas Stewardship Contractor must build upon using practical experience and knowledge to achieve the specified outcomes. PART 2 STEWARDSHIP 2.01 GENERAL A. Begin Stewardship immediately after planting and continue for three (3) growing seasons until Final Acceptance by the Owner. B. Stewardship work for the Native Planting Areas shall be a separate contract directly between the Natural Areas Stewardship Contractor and the Owner. C. The Natural Areas Stewardship Contractor shall keep a log of all restoration activities performed during contract period, installation through stewardship, and shall submit it to the Owner /Owner's Representative on a monthly basis. D. Chemicals used will have the lowest environmental impact for the task at hand. Organic or cultural practices will be used when ever practical. 2.02 NATURAL AREAS MOWING A. All mowing shall be conducted in accordance with all applicable codes and by personnel with appropriate training in safety and in the use of the machinery being utilized. B. Mowing is a key aspect in achieving positive results. Mowing must be conducted by the Natural Areas Stewardship Contractor on a consistent basis and must respond to seasonal weather. Vegetation shall be mown as follows: 1. First Year: Kept under eight (8) inches. 2. Second Year: Kept under twelve (12) inches. 3. Third Year: Spot mow and observe, if non - native /weedy species are dominant mowing shall continue at the Second Year rate. C. Regular mowing shall be conducted with a conventional rotary mower, sickle type mower, or a flail type mower, however in order to reduce thatch, at no time shall more than six (6) inches (height) of vegetation be cut in a pass. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -2 NATURAL AREAS STEWARDSHIP D. On slopes that are too steep to mow, around structures (trees, fencing, buildings, etc.), and in areas that are too wet to mow, mowing shall be conducted with the use of a hand -held gas powered brush cutter or weed - whacker only. 2.03 HERBICIDE A. General requirements: 1. All herbicide product labels must be strictly followed and shall supersede any of the information contained in these specifications. 2. All herbicide use shall be in strict compliance with manufacturers label specifications, application rates, procedures, warning labels, and all applicable codes, standards, and best management practices. 3. The Natural Areas Contractor shall have on site at all times the appropriate Materials Safety Data Sheets (MSDS) and labels for all substances utilized in the fulfillment of this project. 4. Herbicide(s) shall contain 0.25% v/v surfactant. If selected herbicide does not contain surfactant, the Natural Areas Contractor shall add appropriate surfactant(s) at the specified rate of the manufacturer and in accordance with all applicable regulations. 5. Herbicide(s) shall be mixed with water, oils, fuels, anti - foaming agents, and /or tackifiers in order to achieve the appropriate potency and /or to increase water resistance and persistence at the specified rate of the manufacturer and in accordance with all applicable regulations. 6. All Herbicide(s) shall contain colored dye, such as "The Turfmark ", "Signal ", or "Spimax" mixed at a ratio of one -ounce to one - gallon applied to herbaceous plant material or "Bas -oil" mixed at a ratio of four - ounces to five - gallons applied to woody plant material, to aid in identification of areas or objects that have received herbicide treatment. 7. Natural Areas Contractor shall conduct herbicide applications so that over- application /overspray is minimized or eliminated. Herbicide shall be applied to treat only those species targeted. Damage caused by mistreatment or over- application /overspray shall be quantified and calculated by the Owner /Owner's Representative and repaired by the Natural Areas Contractor at no additional cost to the Owner or adjacent Land Owners. 8. No herbicides shall be mixed or loaded on the project site. 9. A supply of chemical absorbent shall be maintained at the project site. Any chemical spills shall be cleaned up and reported to the Owner /Owner's Representative im mediately. 10. Herbicides shall not be applied within two (2) hours of anticipated precipitation or if heavy rains have resulted in an extremely wet soil or stump surface. Applications shall be postponed until the next expected dry two (2) hour period. If weather conditions are questionable, the Contractor shall contact the Owner /Owner's Representative for permission to proceed. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -3 NATURAL AREAS STEWARDSHIP 11. Natural Areas Stewardship Contractor shall not apply herbicide during periods of excessive wind. 12. Only personnel who are a State of Illinois licensed applicator or licensed operator working under a licensed applicator and is trained in plant identification shall perform the application of herbicides. The Contractor shall submit a copy of herbicide licenses for all applicators and operators to the Owner /Owner's Representative prior to beginning work on the project. 13. Approved non- selective herbicides (Active Ingredient): • 2% - Razor, Rodeo, Round Up Pro /Ultra, or Accord (Glyphosate) • 5% - Razor, Rodeo, Round Up Pro /Ultra, or Accord (Glyphosate) • 25% - Razor, Rodeo, Round Up Pro /Ultra, or Accord (Glyphosate) • 50% - Razor, Rodeo, Round Up Pro /Ultra, or Accord (Glyphosate) • 100% - Razor, Rodeo, Round Up Pro /Ultra, or Accord (Glyphosate) • 2% - Aquatic Rodeo, Aquatic Round Up Pro /Ultra, or Aquatic Accord (Glyphosate) • 25% - Aquatic Rodeo, Aquatic Round Up Pro /Ultra, or Aquatic Accord (Glyphosate) 14. Approved selective herbicides (Active Ingredient): • 2% - Ornamec (Fluazifop -p- butyl) • 0.25% - Plateau (Ammonium Salt of Imazapic) • 2% - Garlon 3A or Tahoe 3A (Triclopyr Amine) • 5% - Garlon 3A or Tahoe 3A (Triclopyr Amine) • 10% - Garlon 3A or Tahoe 3A (Triclopyr Amine) • 20% - Garlon 4E or Tahoe 4E (Triclopyr Ester) 15. With adequate documentation of efficacy and appropriateness, alternate herbicides may be utilized only with written approval by the Owner /Owner's Representative. Under no circumstances are persistent herbicides such as Atrazine to be used. A. SPOT HERBICIDE APPLICATIONS 1. Small scattered populations or individual specimens of undesirable species shall be controlled with spot herbicide applications. Large scale colonization shall not be allowed. a. Backpack Spray Treatments — Natural Areas Stewardship Contractor shall utilize a 3 -5 gallon backpack style sprayer, such as Solo, SP3, Field King or acceptable substitution. b. Hand Wicking — In areas of high quality native vegetation where desirable species are directly adjacent to targeted plants, or where the growth habit of the target plant makes it impossible to avoid off - target damage, the appropriate herbicide shall be selectively hand wiped onto the target plant utilizing a sponge- wicking applicator or a saturated cloth glove. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -4 NATURAL AREAS STEWARDSHIP 2. Site preparation and planting after herbicide applications shall be as per the Native Planting section of these specifications. B. BROADCAST HERBICIDE APPLICATIONS l . On larger sites where a broad -scale application is needed because large colonies of the target species have become established, broadcast applications by large tank - equipped spray -gun, all terrain vehicle (ATV) or tractor may be utilized to treat undesirable species. The following methods are appropriate: a. Broad - Spectrum Herbicide Broadcast Application — This method utilizes a large tank - equipped spray -gun and /or an ATV or tractor equipped with a boom - sprayer to apply large amounts of glyphosate, which will result in complete kill of all vegetation. b. Selective Herbicide Broadcast Application This method utilizes a large tank - equipped spray -gun and /or an ATV or tractor equipped with a boom - sprayer to apply large amounts of a selective herbicide, such as Ornamec, resulting in a complete kill of only those targeted species. 2. A "large colony of target species" shall be defined as a target plant population whose aerial coverage is such that a broad - spectrum chemical can be broadcast without inflicting any damage to adjacent native vegetation. 3. Site preparation and planting after herbicide applications shall be as per the Native Planting section of these specifications. 2.04 HAND WEEDING A. In the event that herbicide applications cannot, or should not, be performed due to social, cultural, environmental, or other verified reasons, target weed species shall be removed by hand. 1. Species targeted for complete hand weeding shall include removal of all plant parts from the soil, including the above ground growth and all roots or rhizomes present in the ground. 2. Species targeted for partial hand weeding shall include removal of plant reproductive parts (i.e. seed heads). Partial hand weeding shall be conducted in concert with, or shall be followed up with herbicide applications. B. Removed vegetative materials shall be discarded off-site or left on -site in a manner that will not allow regeneration or seed set of the removed species. Hand weeding shall never result in excessive soil disturbance. C. Transportation of removed vegetative materials shall meet the Department of Agricultural standards /requirements. 2.05 COLLECT AND DISPERSE SEED © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -5 NATURAL AREAS STEWARDSHIP A. Natural Areas Stewardship Contractor shall collect seed from established plantings for distribution into bare areas or for general distribution after a prescribed fire. B. Collected seed shall be stored appropriately in an off -site facility. See delivery, handling and temporary storage in the Native Planting section of this specification. 2.06 OVERSEEDING AND RE- PLANTING A. Overseeding or re- planting may be necessary for compliance with the Performance standards specified in this section. B. See Native Planting section of this specification. 2.07 SCHEDULE A. As stated above, a stewardship plan must be flexible, however at a minimum the following schedule shall be followed for the first three (3) years: MONTH SITE VISIT SPOT HERBICIDE TREATMENTS BRUSH CLEARING MOWING COLLECT & DISPENSE SEED PRESCRIBED FIRE* APRIL 0 -1 JUNE 1 -2 X X X X X AUGUST 1 -2 X X OCTOBER 0 -1 DECEMBER - MARCH 0 -1 X X X X *In newly planted natural areas, the execution of a prescribed fire may not be possible until the second or third growing season. PART3 PERFORMANCE 3.01 STEWARDSHIP ACCEPTANCE © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -6 NATURAL AREAS STEWARDSHIP A. Final Acceptance: The work shall be considered 100% complete after the Natural Areas Stewardship Contractor has met or exceeded the performance criteria. 3.02 PERFORMANCE A. At no time throughout stewardship activities shall aggressive native species, non - native species, nor invasive /exotic species be allowed to become established on the site and /or be allowed to colonize. B. Within three (3) months of seed installation, the total vegetation cover in all areas seeded with cover crop shall be greater to or equal than seventy -five percent (75%) as measured using the meander methodology. If seed installation is completed in the fall, this standard shall be met by June 1St of the following year. C. By the end of the first growing season, twenty -five percent (25 %) of the native species installed via seed shall be alive and apparent. None of the dominant species within the seeded areas shall be invasive /exotic species (See Exhibit "A "). D. By the end of the second growing season, fifty percent (50 %) of the native species installed via seed shall be alive and apparent. None of the dominant species within the seeded area(s) shall be non - native or invasive /exotic species (See Exhibit "A "). Native cover within the seeded area(s) shall be at least fifty percent (50 %), but shall not be dominated with aggressive native species including, but not limited to Ragweed (Artemesia spp.), Horsetail (Erigeron canadensis), Cottonwood (Populus deltoids), Box Elder (Acer negundo), Sandbar Willow (Salix interior), Cattails (Typha spp.), Barnyard Grass (Echinochloa crusgalli), etc. E. By the end of the third growing season, fifty percent (75%) of the native species installed via seed shall be alive and apparent. None of the dominant species within the seeded area(s) shall be non - native or invasive /exotic species (See Exhibit "A "). Native cover within the seeded area(s) shall be at least fifty percent (75 %), but shall not be dominated with aggressive native species including, but not limited to Ragweed (Artemesia spp.), Horsetail (Erigeron canadensis), Cottonwood (Populus deltoids), Box Elder (Acer negundo), Sandbar Willow (Salix interior), Cattails (Typha spp.), Barnyard Grass (Echinochloa crusgalh), etc 3.03 REMEDIATION A. If seeded areas greater than one (1) meter square fail to meet the terms of the performance criteria shown above including erosion, the Natural Areas Stewardship Contractor shall develop and submit to the Owner /Owner's Representative, a remedial action plan that takes into consideration the site goals and specific deficiencies causing the remedial action. The Natural Areas Stewardship Contractor will implement the approved remedial action plan and submit a report that describes the remedial action taken. If remedial seeding or planting is required, the Natural Areas Stewardship Contractor will not be required to perform additional remedial seeding or planting in the same area for a minimum of two growing seasons. After two growing seasons following the remedial planting, the performance criteria must be met for the second growing season or additional remedial action must be taken. Final acceptance shall not be granted until all planting areas meet the fifth growing season performance criteria. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -7 NATURAL AREAS STEWARDSHIP END OF NATURAL AREAS STEWARDSHIP SECTION © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -8 PRESCRIBED FIRE PARTI GENERAL 1.01 PRIORITIES A. To restore fire to its natural role and to reduce hazardous fuels through the application of prescribed fire. The Owner and Prescribed Fire Contractor shall strategically focus activities by placing priority on: B. Areas where actions will mitigate threats to the safety of employees and the public (SAFETY FIRST!). C. Areas where actions will protect, enhance, restore and /or maintain plant and animal communities that are critical for endangered, threatened, or sensitive plant and animal species. D. Areas where actions will suppress invasive species and recycle valuable nutrients into the native soil matrix. E. Areas that will reduce the risks of wildfire. This includes the reintroduction of fire into fire - dependent ecosystems to maintain and enhance those ecosystems and the modification of vegetation to achieve specific land management objectives. 1.02 GUIDING PRINCIPALS A. The following guiding principles are fundamental to the success of the Owner's Prescribed Fire and Fuels Management Program. 1. Fire crew and public safety is the first priority in every prescribed fire and fuels management activity. 2. Only qualified and experienced personnel using safe working standards and guidelines will participate in the implementation of prescribed fire and fuels management projects. 3. Recruit and retain a well- trained workforce that meets the highest standards of professional and technical expertise. 4. Whenever possible, the role of prescribed fire as an essential ecological process and natural change agent will be incorporated into the and use planning process and the fire management program. 5. Promote prescribed fire in cooperative landscape scale projects to increase effectiveness and efficiency. 6. Develop an education plan and an education strategy with internal and external audiences to increase awareness of, and the need for, prescribed fire and other fuels management. 7. Encourage research, monitoring and program development to advance the understanding of fire science. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -1 PRESCRIBED FIRE PART 2 PRESCRIBED FIRE CONTRACTOR QUALIFICATIONS 2.01 EXPERIENCE A. All work in this section shall be performed by a Prescribed Fire Contractor with at least seven (7) years of documented experience in the Midwest, in the fuel types present, and shall be able to demonstrate their knowledge in the field. Prescribed Fire Contractor shall submit a statement of qualifications with their bid containing the following information. 2.02 PERSONNEUTRAINING A. It is required that the National Wildfire Coordinating Group (NWCG) standards be followed for this prescribed fire. B. It is required to have highly trained and experienced employees working on a prescribed fire. The Prescribed Fire Contractor must meet the following requirements; documentation of fully trained and experienced personnel shall be submitted to the Owner /Owner's Representative prior to work. beginning. All fire crew members on all burns must have successfully completed NWCG s130/s190 and have a minimum of one (1) year of prescribed fire experience in the Midwest, in the fuel types present, and in projects of similar scope and size. 2. Non- complex, low risk prescribed fire 3. It is required that the burn boss has completed both the coursework and the task book for Burn Boss 3 accreditation (NWCG RxB3). 4. It is required that the burn plan is written /reviewed and approved by an employee that has completed the coursework for Ignition Specialist 2 (NWCG Rx12). C. Complex prescribed fire* D. It is required that the burn boss has completed both the coursework and the task book for Burn Boss 3 accreditation (NWCG RxB3). Depending on the complexity of the prescribed fire, this requirement may be upgraded to NWCG RxB1 or RxB2 at the discretion of the Owner /Owner's Representative. E. It is required that the squad bosses have completed the NWCG Fire Fighter Type 1 training, or NWCG s130/s190 (Basic Wildland Firefighting /Introduction to Wildland Fire Behavior), s131 (Advanced Firefighter Training), and s290 (Intermediate Wildland Fire Behavior). F. Refresher courses for NWCG levels are required annually. To maintain a "red card" individuals need to have completed the s130/s190 courses (once), pass at least a moderate level pack test (carry forty -five pounds [45 lbs.] three [3] miles in forty -five [45] minutes), and attend a yearly one -day refresher course. Refresher courses for other NWCG positions vary. 2.03 EQUIPMENT A. The Prescribed Fire Contractor shall have in their possession at the time of bidding the following equipment: © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -2 PRESCRIBED FIRE 1. Two Type 6 Engines 2. Two Type 7, 6 Wheel Drive ATV Engines 3. One 500 Gallon Water Tender 4. One Fire Pump capable of delivering sufficient water pressure at 1000 feet to suppress an escaped fire 5. 1000 feet of collapsible 1" fire hose with nozzles 6. Two -way radios for all personnel involved in the fire, whether on the line or not 7. All necessary personal protective equipment for all personnel to meet NWCG guidelines 2.04 INSURANCE A. Coverage for at least $5,000,000.00 (five million) dollars of general liability insurance. B. The Prescribed Fire Contractor shall provide the Owner with a certificate of insurance and name them as additional insured. C. The Prescribed Fire Contractor shall list prescribed fire on the certificate as the activity covered. PART 3 SAFETY REQUIREMENTS 3.01 PERSONAL PROTECTIVE EQUIPMENT (PPE) A. It is required that all fire personnel wear /carry the following: 1. Nomex clothing (shirt and pants) 2. Nomex face and neck protection 3. 8" high top leather boots with 1" logging heels 4. Leather gloves 5. Fire rated hardhat 6. Faceshield 7. Safety glasses 8. Cigarette lighter or matches 9. Compass © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -3 PRESCRIBED FIRE 10. Pre- tested, fully charged two -way radio with radio harness 11. Canteen (2 each) filled with water 12. Food, such as granola bars or other snacks 13. Burn unit map 14. All underclothing of natural fiber — The danger of wearing polyester or other synthetic materials should be emphasized with anyone attending a burn. B. For prescribed fires where the Safety Zone cannot be reached in 15 seconds, all personnel shall carry a fire shelter (for protection from flames and superheated gasses in the event of entrapment) and fussees (as a means to light a separate fire in order to burn out a safety zone ahead of the threatening fire front). A fussee shall not be considered an alternative to a fire shelter. C. In addition to the equipment listed in 3.01.A -B, a fully stocked first aid kit shall be readily available to all burn crew members. D. In addition to the equipment listed in 3.01.A -B, Burn Bosses shall carry a fully charged, fully operational cellular phone. E. In addition to the equipment listed in 3.01.A -B, Crew Bosses (or their qualified designee on the crew) shall carry a fully functional weather kit. 3.02 ROADSIDE VISIBILITY MATERIALS A. Roadside visibility materials are essential if the fire is near a roadway. Prescribed Fire Contractor shall provide and install temporary warning signage along all roadways bordering the burn unit. Warning signage shall be visible by road traffic and shall display the Prescribed Fire Contractor's contact information. All signage on public roadways shall conform to all applicable local and Illinois DOT signage specifications. 1. Stop /Go Paddle 2. Construction Cones B. All fire personnel participating in a prescribed fire within close proximity of a roadway shall wear appropriate reflective work vests. 3.03 FIRELINE TOOLS A. Every fire crew member shall have one hand tool in their possession at all times while on or near the fire line. The tools needed for a safe prescribed fire will vary with each fire and should be specified in the burn plan. Recommended tools: 1. Drip Torch 2. Flappers © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -4 PRESCRIBED FIRE 3. Pulaski 4. McLeod 5. Leaf Rakes 6. Fire Rakes 7. Backpack pumps PART 4 PERFORMANCE 4.01 BURN PLAN A. The Prescribed Fire Contractor shall complete and submit a burn plan for approval by the Owner and local officials prior to burning. 4.02 PRE -BURN MEETINGS A. If requested by the Owner, the Prescribed Fire Contractor shall attend at least one public meeting regarding the proposed prescribed fire to answer questions presented by the public. B. If requested by the Owner, the Prescribed Fire Contractor shall attend at least one CityNillage /Park /County of Lemont Park District board meeting regarding the proposed prescribed fire to answer questions presented by the board members and the public. 4.03 PERMISSIONS /PERMITS A. The Prescribed Fire Contractor shall gain permissions and permits from all applicable federal, state, county, and local agencies and government entities prior to burning. 4.04 PUBLIC NOTIFICATION A. When required, the Owner /Owner's Representative shall notify the neighbors that a prescribed burn will be taking place. B. The Prescribed Fire Contractor shall notify the Owner at least 48 hours in advance of the burn. 4.05 EXECUTION A. The prescribed fire shall be executed in accordance with the burn plan. B. The prescribed fire shall achieve the goals as stated in the burn plan. C. The Prescribed Fire Contractor shall mop up all burning material to 100% black after the main fire has passed. There shall be no burning materials when the Prescribed Fire Contractor leaves the site. D. The Prescribed Fire Contractor shall be available to return to the site within 2 hours following mop up operations to extinguish burning materials. The person selected to return to the site © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -5 PRESCRIBED FIRE must have access to all crew members in the event that they must be re- deployed to the project site. PART 5 BURN PLAN COMPONENTS 5.01 DESCRIPTION A. Because of the large degree of variation in the complexity of prescribed burns, there are no standardized burn plans, only standardized information. A burn plan can be short or long, depending on the complexity of the proposed burn and the desires of the ecologist / burn boss. This section covers the components that shall be included in any burn plan, and the items potentially included in each component. B. For each section there are numerous sub - headings that may or may not be included in a specific burn plan. Whether or not a sub - heading is included in a specific burn plan shall be determined by the site and the Owner /Owner's Representative. 5.02. SITE INFORMATION A. Owner's Name B. Owner's Home phone, Cell phone, & Work Phone C. Property's Name & Address D. Burn Location: Section, township, range, 911 address, GPS coordinates (if available) E. Local contact information: • Local emergency dispatch center • Fire department • Public safety communication center /911 • Medical emergency (name & phone number) • Other F. Courtesy notifications: neighbors, organizations, local media, schools, businesses, airports, adjacent building owners, etc. 5.03 BURN SITE - SPECIFIC INFORMATION A. Target date range. B. Permits required (List all appropriate). C. Air quality D. City ordinance © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -6 PRESCRIBED FIRE E. Fire chief F. Other G. Actual size of Bum Unit. H. Describe the Burn Unit and adjacent properties. 1. Attach aerial photo of the site. 2. Indicate North and other pertinent landmarks (such as roads, hospitals, schools, etc.). I. Describe the Existing Overstory (Percent canopy, Basal area, Height) J. Describe the Existing Understory (Percent, Height): 1. Warm season grasses 2. Cool season grasses 3. Forbs 4. Shrubs or Brush K. Describe the existing fuel type L. Describe the existing site topography M. Describe the areas of contiguous fuels N. Identify existing fire breaks (indicate on map also) O. Identify existing backup firebreaks (indicate on map also) P. Describe the closest water source(s) Q. Describe previous burn management of the site (dates, results, wildfire or prescribed, etc.) R. Further describe adjacent areas (if significantly different in fuels, topography, etc.) S. List and describe special considerations (flora, fauna, safety, public not in agreement, etc.) T. Identify and describe exclusion zones and their intended purpose (indicate on map also). U. Identify smoke sensitive areas within 1 mile (people with asthma, buildings, roads, etc.) V. Identify and describe existing hazards (power lines, gas lines, wells, etc.) 5.04 OBJECTIVES AND GOALS © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -7 PRESCRIBED FIRE A. Management objective: 1. Hazard reduction 2. Ecological outcomes 3. Training B. Resource objective (be specific, for example "increase forb component by 20% ") 1. Stimulate warm season grass 2. Stimulate cool season grass 3. Reduce cool season grass 4. Stimulate forbs 5. Manipulate grazing 6. Control invasive plants 7. Improve habitat 8. Remove litter 9. Reduce woody species 5.05 SITE PREPARATION A. Describe firebreaks needed. 1. Type - dozer line, hand line, mowed, other 2. Length & width B. Identify & locate natural firebreaks, note material composition and width. 1. Roads 2. Clean crop fields 3. Waterways 4. Other 5.06 ORGANIZATION OF PERSONNEL AND EQUIPMENT A. Ignition Crew © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -8 PRESCRIBED FIRE B. Holding Crew C. Traffic Control Crew D. Equipment E. Smoke Monitors F. Other 5.07 PRESCRIPTION A. This data shall be collected immediately before ignition of the planned burn. Some items must fall within a previously determined range or the burn will be cancelled. Acceptable ranges shall be determined and specified by the Prescribed Fire Contractor as part of their Burn Plan. 1. Weather / Acceptable burning parameters — indicate minimum /maximum. a. Allowable Rate of Spread — specify ft. /min or chains /hr. b. Allowable Flame Length (feet) c. Allowable scorch height d. Allowable Mid -Flame Wind Speed (mph) e. Allowable Wind Direction: N, NE, E, SE, S, SW, W, NW f. Relative Humidity (percent) g. Temperature ( °F) h. Time of Year — Spring, Summer, Dormant & explanation why this time of year is appropriate Dead Fuel Moisture: 1 -hr, 10 -hr & 100 -hr j. Days Since Last Rain 2. Fire behavior — Describe expected fire behavior and results (i.e. Conducted burn of 70% of the site). 3. Smoke management — Describe smoke management strategies (Le. Minimize the smoke moving through the adjacent properties by creating lift with a ring firing technique). 5.08 IGNITION AND HOLDING PLAN A. This protocol shall be followed immediately before ignition of the burn. Some headings are to be filled in at that time. Potential headings: 1. Map of burn site (may be included with site description). 2. Pre -Burn Contacts — List those who will be contacted, include date and expected time. a. Owner(s) (day before) © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -9 PRESCRIBED FIRE b. Weather service (day before) c. Fire Departments (day before) d. Conservation Officer (day before) e. County Health (day before) f. Local Residents (ASAP and day before) 3. Burn Day Contacts a. Owner(s) (morning of the burn) b. Weather Service (morning of the burn) c. All Cooperators (morning of the burn) d. Local Residents (morning of the burn) e. Fire & Police headquarters (morning of the burn) f. Fire & Police Dispatch /Communication Center (morning of the burn) 4. Weather Data — List sources Note: on -site weather data collection is needed before and during a burn a. Possible sources for weather data • NOAA • NWS • Internet Media (specify) b. Required Weather Data • Sky Precipitation Cold Fronts • Wind Direction • Highest Temperature • Lowest Relative Humidity • Atmospheric Stability • Wind Speed • Haines Index • Mixing Height 5.09 FIRING TECHNIQUE A. Firing technique is often not decided until the day of the burn, however describe expected firing technique. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -10 PRESCRIBED FIRE • Firing Pattern: backing, flank, ring, strip, head 5.10 GO / NO -GO CHECKLIST A. Develop a Go / No -Go checklist containing the following questions. 1. Are all fire prescription specifications met? 2. Is the weather forecast favorable now and throughout burn? 3. Are all necessary lines constructed and checked? 4. Are all personnel required in the plan on -site? 5. Have all personnel been briefed on the prescription burn plan? 6. Have all personnel been briefed on safety hazards, escape routes, and safety zones? 7. Do all personnel have the required PPE with them? 8. Do all personnel have a copy of the burn map? 9. Is all required equipment in place and in working order? 10. Do you have needed direct communications established? 11. Do you have access to adequate water? 12. Do you have all keys and gate access? 13. Have you made all notifications? 14. In your opinion can the burn be carried out according to the burn plan and will it meet the planned resource management objectives? B. Prescribed Fire Contractor shall conduct a run - through of the go / no -go checklist the morning of the burn prior to ignition. C. If all 13 Go / No -Go questions were answered "yes" the Prescribed Fire Contractor may proceed with the test fire. 5.11 CONTINGENCY PLAN A. This shall outline the wildfire response plan. 5.12 MOP -UP A. Describe expected mop -up efforts and expected outcomes. 5.13 POST BURN EVALUATION © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -1 1 PRESCRIBED FIRE A. Record a post burn evaluation in the burn plan immediately following burn. 1. Operational data 2. Post -burn weather data. 3. Vegetation status after burn: Pre -burn and post -burn photographs are both ideal and simple to collect, and can be compared to photos taken months later. 4. Prescribed fire summary. 5. Recommendations for future management. PART 6 INFORMATION SOURCES 6.01 DESCRIPTION A. The sources listed in this section may be used to obtain more information on some of the items listed in these specifications. 6.02 PLANNING RESOURCES A. Tall Timbers Fire Ecology Database — http: / /www.ttrs.org /feco.html B. NFDRS — http: / /www.seawfo.noaa.gov /fire /olm /nfdrs.htm C. ICS Forms — http: / /www.nwcg.gov /pms /forms /icsforms.htm D. Florida Division of Forestry — http: / /flame. doacs.state.fl.us/ E. Riverside Fire Lab — http: // met .rfl.psw.fs.fed.us /index.html F. National Climate Data Center — http: / /Iwf.ncdc.noaa.gov /oa/ncdc.html G. NPS Fire monitoring handbook — http: / /www.nps.gov/ fire /wildland /science /effects.htm H. Fire Effects Information System — http: / /www.fs.fed.us /database /feis/ I. Ventilation Climate Information System — www.fs.fed.us /pnw /fera/vent J. Fire Behavior Prediction Programs — www.fire.org 6.03 WEATHER A. NWCG Weather Links and much more - http://www.nwcg.gov/teams/wfewt/NWCGBib/fireweather.html B. Accuweather — http: / /www.accuweather.com © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -12 PRESCRIBED FIRE C. Boise Fire Weather —http:/ /www.boi.noaa.gov /firewx.htm D. Lightning — http: / /www.Iightningstorm.com E. Satellite Images — http: / /www.osei.noaa.gov /Events /Fires/ F. FS Wildfire Assessment System — http: / /www.fs.fed.us /land /wfas / G. Drought Monitor — http: / /drought.unl.edu /monitor /monitor.html H. Fire Weather Training Modules — http: / /www.seawfo.noaa.gov /fire /olm.NWSFWX.htm I. Fire Info — http: / /www.fs.fed.us /land /wfas /wfas7.html 6.04 OTHER SITES A. W ildland Fire — http: / /www.wildlandfire.com/ B. Cerro Grande Report — http: / /www.nps.gov /fire /fireinfo /cerrogrande/ C. Geomac — Wildfire Information — http: / /geomac2.cr.usgs.gov /fms_conus D. The Nature Conservancy Fire Management — www.tncfire.org E. USFWS /Bureau Indian Affairs fire training — http : / /fire.fws.gov /fm /training.htm F. USFWS Prescribed Fire Burn Boss 3 (RxB3) task book — http: / /www.bianifc.org /training /RXB3TASK.pdf G. National Wildfire Coordinating Group home page — www.nwcg.gov H. National Interagency Fire Center — www.nifc.gov I. Tall Timbers — http: / /www.ttrs.org PART 7 PRESCRIBED FIRE CONTRACTOR QUESTIONARE 7.01 DESCRIPTION A. This section contains questions to be answered by the Prescribed Fire Contractor on a separate, legible sheet and shall be submitted with the bid. 7.02 CREW A. List the names of all fire crew assigned to this burn, what their NWCG qualifications are, their fire experience (include all dates and acreages of the fires for the past five years) and if they are employees, temporary staff or Sub Contractors. If a Sub Contractor, identify what his /her full time position is outside of the company. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -13 PRESCRIBED FIRE B. Provide your fire crew organization chart. 7.03 EQUIPMENT A. List all small equipment that will be dedicated to the execution of this fire by quantity, year, make and model (Le. 1 — 2005 Waterous 7400 Fire Pump, 1000' — 2005 1" flexible fire hose). If awarded the contract this list will be used to verify equipment onsite. B. List all large equipment that will be dedicated to the execution of this fire by quantity, year, make and model (i.e. 1 — 2004 Ford 450 4x4 type 6 engine). If awarded the contract this list will be used to verify equipment onsite. C. Please list all radio equipment that will be dedicated to the execution of this fire by quantity, year, make and model. If awarded the contract this list will be used to verify equipment onsite. 7.04 EXPERIENCE A. List the sites your firm has conducted prescribed fires on in the last 3 years. Include project name, acreage, dates, contact name and phone number. B. In the execution of a prescribed fire what is the largest escape fire or fire outside of the intended burn unit that you have had to suppress? What was the size of the original burn unit? C. While executing a prescribed fire has your company ever had to call for back up for assistance in suppressing an escape? If so, list each incident separately. Include where, when, who was called, what was the cause of the escape, and how could have been prevented. Include client name and phone number. D. Has your company ever lost a fire and called for outside resources to extinguish the wildfire? If so, list each incident separately. Include where, when, who was called, what the cause of the escape was, and how it could have been prevented. Include client name and number. 7.05 SAFETY CONCERNS A. Briefly explain, 2 paragraphs or 250 words, how your company would convince a neighboring landowner who was opposed to prescribe fire for safety concerns that fire is safe. B. Briefly explain, 2 paragraphs or 250 words, how your company would convince a fire chief that was opposed to prescribed fire for safety concerns, that fire is safe. C. Briefly describe back up contingencies when there is a medical emergency on site during the execution of the fire. 7.06 PROCEDURES A. Describe your procedures for a test burn and what is required to proceed with the prescribed fire. B. Describe your procedures for taking weather readings the day of the burn. © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -14 PRESCRIBED FIRE 7.07 PROJECT SPECIFIC CONSIDERATIONS A. Describe what you feel are the smoke management issues and how you plan to address each one. B. Describe your standard neighbor notification plan and what you feel will be necessary on this project. C. What permits are required for this project? D. How would you rate the complexity of this burn unit? E. What hazards did you see on the site survey and how would you mitigate them? F. Are there any changes to the burn unit boundaries that you would make and why? Please submit changes on a copy of the map provided. END OF PRESCRIBED FIRE SECTION © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 BC -15 EXHIBIT A INVASIVE SPECIES LIST INVASIVE SPECIES LIST DRAFTED BY: Pizzo and Associates Ltd — October, 2009 © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 EXHIBIT -A EXHIBIT A INVASIVE SPECIES LIST A. It is the responsibility of the Natural Areas Contractor to locate, identify, and eradicate any species that may endanger the successful establishment and Tong -term health of the specified native plant communities within the project area/site. Following is a list of common Exotic /Invasive Species typically encountered during ecological restoration efforts. This list is not representative of the site and should not be considered an inventory. The listed species shall at no time be allowed to establish or dominate the project site. B. Exotic /Invasive Species List: 1. Woodlands • Acer platanoides NORWAY MAPLE • Aegepodium podagraria GOUTWEED • Alliaria petiolata GARLIC MUSTARD • Euonymus alata • Lonicera spp. • Hesperis matronalis • Rhamnus cathartica • Rhamnus frangula • Robina pseudo- acacia • Rosa multiflora 2. Wetlands • Lythrum salicaria • Phalaris arundinacea • Phragmites australis • Salix interior • Typha angustifolia • Typha Iatifolia 3. Prairies • Bromus tectorum • Bromus inermis • Centaurea maculosa • Cirsium arvense • Cirsium vulgare • Daucus carota • Dipsacus laciniatus • Dipsacus sylvestris • Elaeagnus umbellata • Euphorbia esula • Hesperis matronalis • Lotus x hybrida • Lythrum salicaria • Medicago sativa • Melitotus alba • Melitotus officinalis • Pastinaca sativa • Poa pratensis • Setaria spp. • Solidago sempervirens • Verbascum blattaria • Verbascum Thapsus BURNING BUSH HONEYSUCKLE (Excluding native species) DAMES ROCKET COMMON BUCKTHORN GLOSSY BUCKTHORN BLACK LOCUST MULTIFLORA ROSE PURPLE LOOSESTRIFE REED CANARY GRASS COMMON REED SANDBAR WILLOW NARROWLEAF CATTAIL COMMON CATTAIL DOWNY BROME SMOOTH BROME SPOTTED KNAPWEED CANADA THISTLE BULL THISTLE QUEEN ANNE'S LACE CUTLEAF TEASEL COMMON TEASEL AUTUMN OLIVE LEAFY SPURGE DAMES ROCKET RED CLOVER TALL FESCUE BLACK MEDIC WHITE SWEET CLOVER YELLOW SWEET CLOVER WILD PARSNIP KENTUCKY BLUEGRASS FOXTAIUMILLET SEASIDE GOLDENROD MOTH MULLEIN COMMON MULLEIN © Pizzo and Associates Ltd 2006 Last Updated 06 -01 -06 EXHIBIT -A Hine's Emerald Dragonfly Habitat Conservation Plan Project Funding Agreement for Village of Lemont November 9, 2009 This is an Agreement by and between Hanson Material Service (herein after referred to as the "Primary Partner" and the Village of Lemont (herein referred to as "Grantee "). Review and oversight for this agreement was completed in collaboration with ComEd and Midwest Generation. 1. The Grantee shall perform the following duties (hereinafter described as "the work ") - Naturalization and stewardship for the east detention basin in Bamberick Park as described in Pizzo and Associates quotes dated October 7, 2009. - Provide Primary Partner a final report of duties completed 2. Grantee will be solely responsible for complying with all laws, including income tax laws, applicable in connection with services rendered by the Grantee under this agreement. Grantee agrees to submit to the Primary Partner with this agreement a properly completed IRS Form W -9. 3. This agreement does not allow the Grantee any authority to enter into an agreement, hire personnel or purchase goods or services for or on behalf of the Primary Partner. 4. This agreement shall be effective from its execution by the second signatory through September 30th, 2010. 5. For successful completion of the Work described in this Agreement, Grantee shall receive a reimbursement of up to $27,540.00. The grantee may also use any remaining funds from the agreement made September 21st, 2009 towards this project. The grantee will submit receipts of the work completed. The payments will be made after the Primary Partner has received receipts on approved work. All payment questions should be forwarded to: Rebecca Dill Biodiversity Project 4507 N Ravenswood Ave. Chicago, IL 60640 rdill @biodiverse.org 6. This Agreement may be terminated by either party by giving the other party a written notice of termination two weeks prior to the termination date. If terminated by the Grantee, Grantee shall turn over to the Primary Partner all work in process, if any, completed up to the termination date and the Primary Partner shall pay Grantee for all services so performed. If terminated by Primary Hines Emerald Dragonfly Habitat Consery Project Funding Agreement for Village of Lemont Partner, they shall not be obligated to pay for any services performed by Grantee after Grantee's receipt of the Primary Partner's notice of termination unless the Primary Partner requested Grantee to perform the services during the two week period preceding the termination date. 7. This Agreement sets forth the entire understanding of the parties and supersedes all previous and contemporaneous written or oral negotiations, commitments, understandings and agreements relating to the subject matter contained herein. 8. This Agreement and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the law of Illinois. Primary Partner Grantee Signature Signature Printed Name Printed Name Date Date Hine's Emerald Dragonfly Habitat Conservation Plan Project Funding Agreement for Village of Lemont September 21, 2009 This is an Agreement by and between Hanson Material Service (herein after referred -to as-the- Primary -Pa, leer" and - the- Village-of Lemunt (hereirrreferred -tu as "Grantee "). Review and oversight for this agreement was completed in collaboration with ComEd and Midwest Generation. 1. The Grantee shall perform the following duties (hereinafter described as "the work ") - Design two naturalized detention basins in Bamberick Park as described in Pizzo and Associates quote dated September 3, 2009. Provide Primary Partner a final report of duties completed 2. Grantee will be solely responsible for complying with all laws, including income tax laws, applicable in connection with services rendered by the Grantee under this agreement. Grantee agrees to submit to the Primary Partner with this agreement a properly completed IRS Form W -9. 3. This agreement does not allow the Grantee any authority to enter into an agreement, hire personnel or purchase goods or services for or on behalf of the Primary Partner. 4. This agreement shall be effective from its execution by the second signatory through September 30th, 2010. 5. For successful completion of the Work described in this Agreement, Grantee shall receive a reimbursement of up to $8,460.00. The grantee will submit receipts of the work completed. The payments will be made after the Primary Partner has received receipts on approved work. All payment questions should .be forwarded to: Rebecca Dill Biodiversity Project 4507 N Ravenswood Ave. Chicago, IL 60640 rdill @biodiverse.org 6. This Agreement may be terminated by either party by giving the other party a written notice of termination two weeks prior to the termination date. If terminated by the Grantee, Grantee shall turn over to the Primary Partner all work in process, if any, completed up to the termination date and the Primary Partner shall pay Grantee for all services so performed. If terminated by Primary Partner, they shall not be obligated to pay for any services performed by Grantee Hine's Emerald Dragonfly Habitat Conservation Plan Project Funding Agreement for Village of Lemont after Grantee's receipt of the Primary Partner's notice of termination unless the Primary Partner requested Grantee to perform the services during the two week period preceding the termination date. 7. This Agreement sets forth the entire understanding of the parties and supersedes all -previous -and contemporaneous written or oral negotiations, commitments, understandings and agreements relating to the subject matter contained herein. 8. This Agreement and the rights and obligations. of the parties hereunder shall be governed by, and construed in accordance with, the law of Illinois. Primary Partner Grantee Signature Signature 0-'• lAdyPte i Vi dfsi&gr '/L% rui Printed Name Printed Name(); % goo S Date Date ! /aq lrD9