The following information will become the contract between the awarded vendor and the Illinois Department of Natural Resources. Instructions and requirements to submit a bid response are found in the attachment titled “Invitation for Bid Vendor Instructions and Requirements”.

State of Illinois Contract v.25.4

Illinois Department of Natural Resources Contract ORC51743 Statewide Natural Areas Management

26-422DNR-RESCO-B-51743

The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. SCOPE OF WORK

1.1. OVERVIEW AND PURPOSE:

The Illinois Department of Natural Resources (IDNR) requires the services of suitably qualified Vendors to provide all herbicide, equipment, supplies, and labor required to perform natural areas management at multiple sites throughout Illinois as described.

SITE DESCRIPTIONS: Areas included are Nature Preserves, Land and Water Reserves, Illinois Natural Areas Inventory sites, Habitat Areas, other ecologically significant natural areas, and other IDNR properties that are distributed within ten (10) zones. The table below defines the zones and the work items that will be bid separately within each of the zones. These zones are identified on the accompanying map (Attachment A).

In work item and experience requirement descriptions, “sensitive sites” are those that have rare natural resources such as high-quality remnant natural communities included in the Illinois Natural Areas Inventory, populations of endangered and threatened species, dedicated Nature Preserves, and registered Land and Water Reserves. The experience requirements for working in sensitive sites are greater than for working in non-sensitive sites.

Within each zone, work orders will be issued by Primary Job Coordinators, who are staff of the IDNR Natural Heritage Division, Illinois Nature Preserves Commission, or IDNR Division of Wildlife Resources. Work orders will be for stand-alone projects to be priced according to this contract and completed according to the specifications of this contract and the individual work order.

Maintenance

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

1.2.1. HANDWORK: Includes cutting woody vegetation with chainsaws, brushcutters, and hand tools, treating cut stumps, hack and squirt treatment to woody vegetation, basal bark herbicide application to woody vegetation, and/or foliar herbicide application.

1.2.1.1. CUTTING WOODY VEGETATION WITH CHAINSAWS, BRUSHCUTTERS, AND HAND TOOLS:

A. This work item involves cutting woody vegetation ranging from small stems to large trees. Details for cutting woody vegetation will be described in the work order. These details will include, but are not limited to, the woody species to be cut, species that shall not be cut, maximum resulting stump height, and whether stems shall be cut completely or girdled. The maximum resulting stump height shall typically range between cutting at ground level and stumps no taller than six (6) inches.

B. Multiple stemmed plants shall have every stem cut/girdled.

C. When girdling is specified, stems shall be girdled with a chainsaw no higher than twelve inches above the ground. The cut must meet at the starting point so there is a complete girdle encircling the stem. The work order will specify whether single or double girdling is required. The girdle cut must be completely through bark and cambium but minimize cut into sapwood.

D. No trees shall be girdled within 1½ times the tree’s height to site boundaries or areas accessible to the public such as trails, parking lots, day use areas, campgrounds, etc.

E. All cut and girdled stems shall be treated with herbicide unless otherwise specified in the work order. Details for herbicide application are in Sections 1.2.1.2 and 1.2.7.

F. Unless otherwise specified in the work order job form, woody materials shall be left on the ground where they are cut, and no brush piles shall be constructed. If the work order includes piling of woody materials, Vendor shall only create piles in locations specified by the Primary Job Coordinator.

G. Burning Brush Piles

i. If piling of woody materials is permitted by the work order, the work order may also require that piles are burned by the Vendor. The work order will specify required weather conditions and other instructions for burning piles.

ii. Piles to be burned must be located twice the total predicted height from trees, structures, and other flammable materials.

iii. Pile burns are not permitted on Red Flag days.

iv. Pile burns shall follow the Illinois Smoke Management Plan (found on Illinois Prescribed Fire Council website) and follow the Illinois Environmental Protection Agency Open Burn Act (found on IEPA website).

v. The Vendor must have appropriate personal protective equipment, adequate water, and other firefighting hand tools when burning piles.

vi. Vendor shall monitor the burn piles to ensure that smoke hazards do not occur and that the fire is contained. All burn piles shall be monitored by the Vendor until the brush fuel is consumed.

vii. Prior to burning brush piles, on a daily basis, Vendor must notify the county dispatch, the Illinois Interagency Coordination Center (contacts found on Illinois Interagency Coordination Center website), and any other contacts identified on the work order.

1.2.1.2. TREATING CUT STUMPS:

A. Details for treating cut stumps and/or girdles with herbicide will be described in the work order. These details will include, but are not limited to, timing of herbicide treatment, the herbicide to be applied, the herbicide rate to be used, method for herbicide application, and what adjuvants and dye shall be added. Stumps and/or girdles shall typically be treated with a 50% solution of glyphosate in water (using a glyphosate product with a minimum 50.2% active ingredient by volume) or a 20% solution of triclopyr ester mixed with oil (using a triclopyr ester product with a minimum 60.45% active ingredient by volume).

B. Herbicide, carrier oil, and dye costs shall be included as part of the Vendor’s hourly rate bid. If the work order requires a higher herbicide rate percentage, or if other herbicides besides glyphosate and triclopyr ester are required by the work order, those additional herbicides shall be supplied by IDNR.

C. In areas where standing water is present, and near identified sinkholes, only herbicides and aduvants labeled for aquatic use shall be permitted.

D. Diesel fuel and kerosene shall not be used as a carrier oil.

E. All cut stems and/or girdles must be treated immediately after they are cut (within 15 minutes), unless otherwise specified in the work order.

F. Herbicide shall be applied to cut stumps by spraying, painting, daubing, or rolling on herbicide according to directions in the work order.

G. A dye shall be used with all herbicide solutions to mark treated stems.

H. A 90% mortality rate shall be required, unless otherwise specified in the work order job form. If the mortality rate is not met, the Vendor shall retreat missed stems at their expense.

I. All details in Section 1.2.7 of these contract specifications shall be followed.

1.2.1.3. HACK AND SQUIRT TREATMENT TO WOODY VEGETATION:

A. This work item involves making frill cuts to trees and treating cuts with herbicide. Details will be described in the work order. These details will include, but are not limited to, the woody species that shall be treated, species that shall not be treated, and the type and rate of herbicide to be used.

B. Vendor shall use a hatchet or similar device to frill, or cut downward-angled incisions, at evenly spaced intervals around the stem. Cuts must penetrate through the bark and cambium into the sapwood.

C. Using a hand sprayer, all cuts shall be immediately filled with herbicide. For most projects, cuts shall be filled with a 25% solution of triclopyr ester mixed with a carrier oil (using a triclopyr ester product with a minimum 60.45% active ingredient by volume).

D. Herbicide and carrier oil cost shall be included as part of the Vendor’s hourly rate bid. If the work order requires a higher herbicide rate percentage, or if other herbicides besides triclopyr ester are required by the work order, those additional herbicides shall be supplied by IDNR.

E. Diesel fuel and kerosene shall not be used as a carrier oil.

F. Unless otherwise specified in the work order job form, frill cuts shall be approximately two (2) inches long and spaced approximately three (3) inches apart.

G. An 85% mortality rate shall be required unless otherwise specified in the work order job form. If the mortality rate is not met, the Vendor shall retreat missed stems at their expense.

H. All details in Section 1.2.7 of these contract specifications shall be followed.

1.2.1.4. BASAL BARK HERBICIDE APPLICATION:

A. This work item involves the application of herbicide to the stems/trunks of woody vegetation with an approved bark penetrating oil. Details for basal treating woody vegetation will be described in the work order. These details will include, but are not limited to, the woody species that shall be treated, species that shall not be treated, the rate and type of herbicide and penetrating oil to be applied, method for applying herbicide, and timing of application. For most projects, a 25% solution of triclopyr ester mixed with oil (using a triclopyr ester product with a minimum 60.45% active ingredient by volume) shall be the herbicide used for basal bark application.

B. Herbicide, bark penetrating oil, and dye costs shall be included as part of the Vendor’s hourly rate bid. If the work order requires a higher herbicide rate percentage, or if other herbicides besides triclopyr ester are required by the work order, those additional herbicides shall be supplied by IDNR.

C. Basal bark herbicide application shall be completed during the dormant season unless the work order specifies otherwise.

D. Diesel fuel and kerosene shall not be used as a bark penetrating oil.

E. Unless otherwise specified in the work order job form, basal bark herbicide application shall be conducted by applying a continuous band of herbicide around the stem from twelve (12) inches off the ground to just above ground level but shall not be applied so heavily that herbicide soaks into the soil. For multi-stemmed individuals, all stems must be treated.

F. Herbicide shall be applied to woody vegetation by spraying, painting, or rolling on herbicide according to directions in the work order.

G. A dye shall be used in the herbicide solution to mark treated stems.

H. An 85% mortality rate shall be required unless otherwise specified in the work order job form. If the mortality rate is not met, the Vendor shall retreat missed stems at their expense.

I. All details in Section 1.2.7 of these contract specifications shall be followed.

1.2.1.5. FOLIAR HERBICIDE APPLICATION:

A. Details for foliar herbicide application will be described in the work order. These details will include, but are not limited to, species to be treated, timing of herbicide treatment, type of herbicide to be applied, the herbicide rate to be used, adjuvants and dye to be used, and application equipment to be used (handheld, backpack, or ATV-mounted sprayer equipped with a hand gun, or weed wipe/wick).

B. The hourly rate bid shall be based on use of a 5% solution of triclopyr choline (e.g., Vastlan herbicide) mixed with water (using a triclopyr choline product with 54.72% active ingredient by volume) or a 5% solution of glyphosate in water (using a glyphosate product with a minimum 50.2% active ingredient by volume).

C. Herbicide, dye, and adjuvant costs shall be included as part of the Vendor’s hourly rate bid. If the work order requires a higher herbicide rate percentage, or if other herbicides besides triclopyr choline and glyphosate are required by the work order, those additional herbicides shall be supplied by IDNR.

D. Unless otherwise specified in the work order, a non-ionic surfactant shall be used with all foliar-applied herbicide.

E. In areas where standing water is present, and near identified sinkholes, only herbicides and adjuvants labeled for aquatic use shall be permitted.

F. A water conditioning agent designed for hard water conditions shall be used with glyphosate herbicides and any other herbicide that recommends its use on the label.

G. A dye shall be used with the herbicide solution to mark treated vegetation.

H. A 90% mortality rate shall be required, unless otherwise specified in the work order job form. If the mortality rate is not met, the Vendor shall retreat missed stems at their expense.

I. All details in Section 1.2.7 of these contract specifications shall be followed.

1.2.2. GRINDING/FORESTRY MOWING:

1.2.2.1. For this work item, a machine meeting the specifications in 1.2.2.4 shall cut and grind woody vegetation according to the details in the work order. These details will include, but are not limited to, which woody species shall be cut, woody species that shall not be cut, the maximum resulting stump height allowed, the type of herbicide that shall be applied to cut stems, and the herbicide rate to be used. The maximum resulting stump height shall typically range between cutting at ground level and stumps no taller than six (6) inches.

1.2.2.2. For grinding/forestry mowing projects, all herbicides, carrier oil, and dye shall be supplied by IDNR.

1.2.2.3. A dye shall be used in the herbicide solution to mark treated stems.

1.2.2.4. The forestry mowing machine must be a skid steer, compact track loader or hydraulic machine with rubber tires or rubber tracks and a weight of 6 PSI or less. The machine must have a hydraulic-driven mulching head designed for high flow operation and capable of grinding 10-inch DBH woody vegetation. All processed material must be discharged from the front of the machine.

1.2.2.5. Unless otherwise stated in the work order, shredded or mulched material must be scattered evenly over the work site and shall not be piled. All woody material shall be processed to a consistent fine chip size. No unprocessed material shall remain.

1.2.2.6. The hourly rate for grinding/forestry mowing must include two (2) individuals, which includes one person operating the grinder and one person treating stumps immediately after cutting.

1.2.2.7. The ground must be frozen or dry when using the forestry mowing machine unless otherwise stated in the work order. Soil disturbance must be kept to a minimum and bulldozing or pushing of stems is unacceptable.

1.2.2.8. Forestry mowing shall not be conducted when there is more than 2 inches of snow except with permission of the Primary Job Coordinator.

1.2.2.9. An 85% mortality rate shall be required unless otherwise specified in the work order job form. If the mortality rate is not met, the Vendor shall retreat missed stems at their expense.

1.2.2.10. Vendor’s skid steer and mulching head shall be clean and free of any weed seeds or other debris prior to entering or leaving the work area to prevent the spread of invasive species within and among job sites and other areas where the Vendor may have worked.

1.2.2.11. All details in Section 1.2.7. of these contract specifications shall be followed.

1.2.3. GRINDING/FORESTRY MOWING WITH AN AMPHIBIOUS VEHICLE:

1.2.3.1. For this work item, a machine meeting the specifications in 1.2.3.2 shall cut and grind woody vegetation according to the details in the work order. These details will include, but are not limited to, which woody species shall be cut, woody species that shall not be cut, and the maximum resulting stump height allowed.

1.2.3.2. Vendor shall utilize, where directed by the Primary Job Coordinator, a tracked amphibious vehicle with less than 2.4 PSI to access flooded wetlands. A hydraulic-driven forestry mulching head capable of grinding 10-inch DBH woody vegetation must be attached to the amphibious vehicle.

1.2.3.3. Unless otherwise stated in the work order, shredded or mulched material must be scattered evenly over the work site and shall not be piled. All woody material shall be processed to a consistent fine chip size.

1.2.3.4. Vendor’s amphibious vehicle and mulching head shall be clean and free of any weed seeds or other debris prior to entering or leaving the work area to prevent the spread of invasive species within and among job sites and other areas where the Vendor may have worked.

1.2.3.5. No herbicide application will be included with this work item.

1.2.4. FIREBREAK MAINTENANCE:

1.2.4.1. Firebreaks shall be maintained by removal of downed trees and limbs, removal of overhead limbs, raking, and/or leaf-blowing as specified in the work order. Firebreak width will be specified in the work order, but firebreaks shall typically be between four (4) and ten (10) feet wide.

1.2.4.2. No herbicide treatment shall be conducted for this work item.

1.2.4.3. All fallen tree limbs shall be cleared from the firebreaks. Fallen trees across the break shall be cut into sections with a chainsaw and moved away from the firebreak by the distance specified in the work order, usually twenty (20) to fifty (50) feet. Woody material shall be scattered and shall not be piled unless otherwise specified in the work order.

1.2.4.4. The work order may require clearing around or cutting down dead snags or other hazardous trees within a specified distance from the firebreak, typically fifty (50) to one hundred (100) feet. Clearing around these hazardous trees shall entail raking and/or leaf-blowing leaves and other combustible material a minimum distance of two (2) feet from the tree’s trunk.

1.2.4.5. Where specified in the work order, downed logs and other combustible woody materials in the burn unit shall be moved away from the firebreak by cutting and dragging materials into the burn unit by the distance specified in the work order, usually twenty (20) to fifty (50) feet. Woody material shall be scattered and shall not be piled unless otherwise specified in the work order.

1.2.4.6. Leaves and other small debris shall be blown from the cleared break. The expected final condition of the firebreaks is that they shall be free of debris down to bare soil.

1.2.5. FOLIAR SPRAYING HERBICIDE APPLICATION FROM AN AMPHIBIOUS VEHICLE:

1.2.5.1. Vendor shall utilize, where directed by the Primary Job Coordinator, a tracked amphibious vehicle with less than 2.4 PSI to access flooded emergent wetlands, while incurring minimal impact to vegetation.

1.2.5.2. Foliar chemical application shall be made with boom or spray gun from a sprayer with a 50 gallon-minimum tank that is located on the amphibious vehicle.

1.2.5.3. The hourly rate bid shall be based on application of a 5% solution of glyphosate herbicide in water (using a glyphosate product with 53.8% active ingredient by volume) and at minimum a 2% solution of an imazapyr-based herbicide mixed with water (using a product with a minimum of 28.7% isopropylamine salt of imazapyr by volume). Only aquatic-labeled glyphosate (e.g., AquaMaster) and imazapyr (e.g., Habitat) herbicides shall be used to treat target populations growing in or near standing water.

1.2.5.4. Herbicide and adjuvant costs shall be included as part of the Vendor’s hourly rate bid. If the work order requires a higher herbicide rate percentage, or if other herbicides besides glyphosate and imazapyr are required by the work order, those additional herbicides shall be supplied by IDNR.

1.2.5.5. The work order will identify areas where access with the amphibious vehicle shall be restricted due to endangered and threatened plant species or areas with distinct tussock (sedge) formation.

1.2.5.6. Species to be sprayed will be identified in the work order and may include, but are not limited to, phragmites, reed canary grass, and cattails.

1.2.5.7. All foliar herbicide applications shall be applied with a non-ionic surfactant and a water conditioning agent designed for hard water if specified on the label. Only products labeled for aquatic use shall be permitted.

1.2.5.8. Vendor shall map treated areas with GPS and provide KMZ files to the Primary Job Coordinator after completion of spraying.

1.2.5.9. All details in Section 1.2.7. of these contract specifications shall be followed.

1.2.6. FOLIAR WICKING HERBICIDE APPLICATION FROM AN AMPHIBIOUS VEHICLE:

1.2.6.1. Vendor shall utilize, where directed by the Primary Job Coordinator, a tracked amphibious vehicle with less than 2.4 PSI to access flooded emergent wetlands, while incurring minimal impact to vegetation.

1.2.6.2. Foliar chemical application shall be made with a wicking bar from a 50 gallon-minimum tank located on the amphibious vehicle.

1.2.6.3. Details for herbicide application will be described in the work order. These details will include, but are not limited to, species to be treated, timing of herbicide treatment, type of herbicide to be applied, the herbicide rate to be used, and adjuvants and dye to be used.

1.2.6.4. The hourly rate bid shall be based on application of a 10% solution of glyphosate herbicide in water (using a glyphosate product with 53.8% active ingredient by volume) and a 4% solution of an imazapyr-based herbicide mixed with water (using a product with a minimum of 28.7% isopropylamine salt of imazapyr by volume). Only aquatic-labeled glyphosate (e.g., AquaMaster) and imazapyr (e.g., Habitat) herbicides shall be used to treat target populations growing in or near standing water.

1.2.6.5. Herbicide and adjuvant costs shall be included as part of the Vendor’s hourly rate bid. If the work order requires a higher herbicide rate percentage, or other herbicides besides glyphosate and imazapyr are required by the work order, those additional herbicides shall be supplied by IDNR.

1.2.6.6. All foliar herbicide applications shall be applied with a non-ionic surfactant and water conditioning agent designed for hard water if specified on the label. Only products labeled for aquatic use shall be permitted.

1.2.6.7. The work order will identify areas where access with the amphibious vehicle shall be restricted due to endangered and threatened plant species or areas with distinct tussock (sedge) formation.

1.2.6.8. Species to be sprayed will be identified in the work order and may include, but are not limited to, phragmites, reed canary grass, and cattails.

1.2.6.9. Vendor shall map treated areas with GPS and provide KMZ files to the Primary Job Coordinator after completion of spraying.

1.2.6.10. All details in Section 1.2.7 of these contract specifications shall be followed.

1.2.7. DETAILS APPLYING TO ALL HERBICIDE APPLICATION WORK ITEMS:

1.2.7.1. Vendor shall provide all herbicide, adjuvants, and dye identified in these specifications. Additional herbicides shall be provided by IDNR. Vendor and Vendor’s staff shall follow all label restrictions for mixing and applying herbicides and shall use all herbicides according to the manufacturer’s label directions.

1.2.7.2. Vendor shall demonstrate to IDNR possession of a valid Illinois Commercial Pesticide Applicators License, with Category Licensure in Right-of-Way Pest Control. If required by the specific work order, Vendor shall also have an Aquatic Pest Control Category Licensure. All Vendor’s staff who handle and/or apply pesticides on the work site shall demonstrate possession of a valid Illinois Commercial Pesticide Operators License. Use of pesticides on the work site shall comply with the Illinois Pesticide Act and its associated rules, and all other Federal and State laws pertaining to the use and application of pesticides.

1.2.7.3. When required in the work order, Vendor shall post required signage for re-entry restrictions according to the herbicide label.

1.2.7.4. Foliar spraying shall be conducted with winds not to exceed ten (10) mph. Extreme caution shall be exercised to avoid over-spray and drift. Herbicide applicators shall use spray nozzle apertures to minimize drift and with precision shut-off valves to avoid over-spray and to minimize contact with native species.

1.2.7.5. Extreme care shall be taken to avoid non-target contamination with herbicides or herbicide spills within natural areas. The Primary Job Coordinator shall provide a map and list of species of special concern with the work order to assist Vendor’s staff in preventing unintentional treatment of endangered, threatened, or rare species. Notable damage to non-target species shall result in the termination of the work order.

1.2.7.6. The Vendor’s Crew Leader shall meet with the Primary Job Coordinator on-site prior to initiating work to identify access routes and locations for staging equipment and materials and for mixing of chemicals and filling of herbicide sprayers, site conditions for work, and chemical selection.

1.2.7.7. Vendor shall not apply herbicides to target plants if leaves or stems maintain any surface moisture (e.g., dew) or if rain is predicted within time constraints of labeled rain fast duration.

1.2.7.8. All mixing of herbicide and filling of herbicide sprayers shall be conducted outside of the natural area over a plastic tub to collect any spills. If a spill occurs, it shall be reported immediately to the Primary Job Coordinator and shall be cleaned up by the Vendor. Empty herbicide containers shall be properly disposed of as required by Federal law.

1.2.7.9. It shall be the responsibility of the Vendor to be aware of and adhere to all state and OSHA regulations. Herbicide applicators shall wear appropriate protective clothing as required in the herbicide label for the herbicide being applied.

1.2.8. DETAILS APPLYING TO ALL WORK:

1.2.8.1. The Vendor shall meet with the Primary Job Coordinator on-site prior to initiating work to identify access routes and locations for staging equipment and materials. If Vendor requests a pre-project meeting, and if Vendor has a separate crew leader and project manager, both individuals must attend.

1.2.8.2. Vendor shall notify the Primary Job Coordinator 48 hours before beginning work on a job and receive written or verbal approval to implement the project.

1.2.8.3. Vendor shall notify the Primary Job Coordinator weekly via email with updates on work planned the upcoming week and work completed the previous week.

1.2.8.4. The Primary Job Coordinator reserves the right to restrict access of Vendor to the job site with 24 hours’ notice. Vendor shall abide by all site rules and all site and job-based restrictions imposed by the Primary Job Coordinator and work order.

1.2.8.5. All equipment and work clothing including boots shall be clean and free of any weed seeds or other debris prior to entering or leaving the work area to prevent the spread of invasive species within and among job sites and other areas where the Vendor may have worked. Documented violations may result in termination of the work order or contract.

1.2.8.6. All questions or communications related to this Project from the public or news media shall be forwarded immediately to the Primary Job Coordinator for the specific work order.

1.2.8.7. Endangered and threatened native species shall not be impacted either intentionally or unintentionally. The Primary Job Coordinator shall provide a map and list of species of special concern to assist Vendor’s staff in preventing unintentional damage to endangered or threatened species.

1.2.8.8. Work shall be completed in a diligent, efficient, and timely manner. The Primary Job Coordinator shall conduct unannounced site inspections to assess the efficiency of Vendor’s staff. If at any time, the Primary Job Coordinator observes work that is unacceptable, whether in application or in efficiency, the Vendor shall be required to replace their Crew Leader or Laborer in question with another qualified Crew Leader or Laborer.

1.2.8.9. In addition to crew supervision, the Vendor’s Crew Leader shall also conduct on-the-ground work toward completion of the work order.

1.2.9. WORK SITE:

1.2.9.1. Vendor and Vendor’s staff shall use all herbicides according to the manufacturer’s label directions. When at the work site, Vendor’s staff shall have material safety data sheets (MSDS) for all pesticides being used.

1.2.9.2. Vendor shall be responsible for ensuring employees strictly comply with all Federal and State laws. Illegal or criminal activity may result in the removal of Vendor employee(s) from the site.

1.2.9.3. Vendor shall limit vehicular access to paved roads or limestone trails or to routes approved by the Primary Job Coordinator. The Primary Job Coordinator may suspend all vehicle access or work if excessive damage to the area is noted.

1.2.10. SCHEDULE

1.2.10.1. The timeframe for completion of an individual project will be described on the work order job form.

1.2.10.2. Work orders will be completed by the Primary Job Coordinator and emailed to the Primary Contract Vendor who must either accept or decline the work order within 7 calendar days of receipt by signing and returning the work order to the Primary Job Coordinator. If the Primary Vendor declines the work order, the Secondary Contract Vendor must either accept or decline the work order within 7 calendar days of receipt by signing and returning the work order to the Primary Job Coordinator. This process shall continue through the number of vendors awarded a contract in each of the tasks in the awarded geographical zone. If no vendors under this contract accept the work order, the Illinois Department of Natural Resources reserves the right to bid the work to other vendors.

1.2.10.3. For procurements conducted in BidBuy, the State may include in this contract the BidBuy Purchase Order as it contains the agreed Supplies and/or Services.

1.3. MILESTONES AND DELIVERABLES: Vendor shall provide all herbicide (when required in Section 1.2), equipment, supplies, and labor required to perform natural areas management at multiple sites throughout Illinois as described.

1.4. VENDOR/STAFF SPECIFICATIONS:

1.4.1. DEPARTMENT RESPONSIBILITIES

1.4.1.1. The Department will not furnish any equipment, materials, or supplies under this contract except additional herbicides necessary in individual work orders that have not been included in these contract specifications.

1.4.1.2. If required to access project areas, keys shall be provided by the Department for the duration of the project. Keys shall not be reproduced by the Vendor. Vendor must return keys prior to any payment being made. If any key(s) are lost and/or not returned, the Department shall invoice the Vendor for the actual replacement cost(s). This includes billing for the cost of re-keying all affected locks and/or replacing all affected padlocks.

1.4.1.3. Vendors location must be within 100 miles outside of any State of Illinois boundary.

1.4.2. VENDOR RESPONSIBILITIES:

1.4.2.1. Vendor shall provide the required equipment and manpower to successfully complete the project in the time frame specified under conditions that minimize harmful impacts to the site.

1.4.2.2. Vendor and Vendor’s staff shall be licensed to apply herbicide as described in Section 1.2.7.

1.4.2.3. Vendor shall be responsible for any expenses which may incur as a result of conducting the activities described in these specifications and the work orders, including repair, maintenance, or extraction of equipment.

1.4.2.4. Vendor shall be responsible for any expenses which may incur as a result of inadequate treatment where follow-up is required to meet stated treatment standards.

1.4.3. VENDOR QUALIFICATIONS:

1.4.3.1. Vendor must meet the following experience requirements and provide documentation of their experience using Attachment C provided. A separate form should be submitted for each work item bid. Experience documentation should be provided at time of bid.

1.4.3.2. Vendor shall demonstrate familiarity with local native and exotic plants to be able to identify species to be removed and native species to be left undisturbed. Vendor and all those applying herbicide under their supervision must be knowledgeable of native flora in Illinois and be able to recognize and avoid spray application to rare plants (especially state threatened or endangered species).

1.4.3.3. The Vendor’s Crew Leader shall be the person who supervises and coordinates all on-site day-to-day operations of the project. This person directs all phases of work, maintains quality control, schedules work, and oversees herbicide mixing and herbicide applications. The Crew Leader must be present on the project site at all times that work is being conducted.

1.4.3.4. For each work item and zone, Vendor, Vendor’s Crew Leader, and Vendor’s Laborers shall have the minimum number of years of professional experience described in Sections A-G below. Documentation of experience should be submitted with the bid on the attached forms provided as Attachment C. A separate form should be submitted for each work item bid. Experience documentation should be provided at time of bid.

A. Experience Requirements for Handwork in Sensitive Sites:

The following table lists experience requirements for Vendor and Vendor’s staff for handwork in sensitive sites. This must be professional handwork experience in the use of herbicides and management within natural areas in Illinois that includes at least one of the following: a natural community with endangered and threatened species, natural areas included on the Illinois Natural Areas Inventory for high floristic quality, dedicated Nature Preserves, and registered Land and Water Reserves. Documentation of experience should be provided with the bid, using the attached forms.

(Number of Years) Experience Required for Vendor’s Crew Leader (Number of Years) At least 50% of Laborers Must Have Experience Equal to the Number of Years Listed

B. Experience Requirements for Handwork in Non-Sensitive Sites:

The following table lists experience requirements for Vendor and Vendor’s staff for handwork in non-sensitive sites. This must be professional handwork experience in the use of herbicides and management on natural resource stewardship projects funded and/or inspected by a county, state, or federal agency. Documentation of experience should be provided with the bid, using the attached forms.

(Number of Years)

C. Experience Requirements for Grinding/Forestry Mowing in Sensitive Sites:

The following table lists experience requirements for Vendor and Vendor’s staff for grinding/forestry mowing in sensitive sites. This must be professional experience grinding/forestry mowing and applying herbicide to cut stumps within natural areas in Illinois that includes at least one of the following: a natural community with endangered and threatened species, natural areas included on the Illinois Natural Areas Inventory for high floristic quality, dedicated Nature Preserves, and registered Land and Water Reserves. Documentation of experience should be provided with the bid, using the attached forms.

(Number of Years)

(Number of Years)

D. Experience Requirements for Grinding/Forestry Mowing in Non-Sensitive Sites:

The following table lists experience requirements for Vendor and Vendor’s staff for grinding/forestry mowing in non-sensitive sites. This must be professional experience grinding/forestry mowing and applying herbicide to cut stumps on natural resource stewardship projects funded and/or inspected by a county, state, or federal agency. Documentation of experience should be provided with the bid, using the attached forms.

(Number of Years)

(Number of Years)

E. Experience Requirements for Grinding/Forestry Mowing with an Amphibious Vehicle:

All grinding/forestry mowing with an amphibious vehicle will be on sensitive sites. The following table lists experience requirements for Vendor and Vendor’s staff for grinding/forestry mowing with an amphibious vehicle. This must be professional experience grinding/forestry mowing with an amphibious vehicle within natural areas in Illinois that includes at least one of the following: a natural community with endangered and threatened species, natural areas included on the Illinois Natural Areas Inventory for high floristic quality, dedicated Nature Preserves, and registered Land and Water Reserves. Documentation of experience should be provided with the bid, using the attached forms.

(Number of Years)

F. Experience Requirements for Firebreak Maintenance:

The following table lists experience requirements for Vendor and Vendor’s staff for firebreak maintenance. Experience requirements for firebreak maintenance are the same for sensitive and non-sensitive sites. This must be professional experience in construction and maintenance of firebreaks on natural resource stewardship projects funded and/or inspected by a county, state, or federal agency. Documentation of experience should be provided with the bid, using the attached forms.

(Number of Years)

G. Experience Requirements for Foliar Herbicide Application from an Amphibious Vehicle and Foliar Wicking Herbicide Application from an Amphibious Vehicle:

All herbicide application from an amphibious vehicle will be on sensitive sites. The following table lists experience requirements for Vendor and Vendor’s staff. This must be professional experience applying herbicide from an amphibious vehicle within natural areas in Illinois that includes at least one of the following: a natural community with endangered and threatened species, natural areas included on the Illinois Natural Areas Inventory for high floristic quality, dedicated Nature Preserves, and registered Land and Water Reserves. Vendor must also have experience with assessing whether site conditions are suitable for access with the amphibious vehicle. Documentation of experience should be provided with the bid, using the attached forms. Upon request, Vendor shall provide to IDNR evidence of Vendor’s ownership or rental of an amphibious UTV that meets the description in sections 1.2.5 and 1.2.6 of these job specifications.

(Number of Years)

1.5. TRANSPORTATION AND DELIVERY:

1.5.1. The Vendor shall submit an invoice detailing the description of work performed, the identifying name/number of the work order, and labor hours with hourly rate as per subsequent contract determined by contract award.

1.5.2. With each invoice, Vendor shall submit a completed work log for the specific project. The work log shall be completed each day crews are working on site to document the number of hours, number of staff, and work completed. Work logs shall include any additional information requested in the work order for the specific project. When the project includes herbicide application, the work log shall include amount and type of herbicide used, and weather conditions.

1.5.3. With the final invoice for a work order, Vendor shall submit a map of areas where work was conducted. Specific work orders may indicate a requirement for Vendor to submit maps at more frequent intervals (weekly, monthly, etc.).

1.6. SUBCONTRACTING:

Subcontractors are not allowed. Vendor locations shall be within 100 miles outside of any State of Illinois boundary.

1.6.1. Will subcontractors be utilized? |_| Yes |X| No

A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.

All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.

1.6.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.

1.6.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.

1.6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s).

1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Offeror shifts any such work outside the United States.

· Location where services will be performed: Work zone as identified and awarded in Contract.

Value of services performed at this location: 100%

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is firm.

2.2. VENDOR’S PRICING: Vendor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.

2.2.1. Vendors are not required to bid on all work items or all zones. For those items on which the Vendor chooses to bid, separate hourly bids shall be submitted for each work item within each work zone.

2.2.2. Hourly rate includes all herbicide, equipment, supplies, and labor required to perform natural areas management at multiple sites throughout Illinois as described. Herbicide cost shall be included as part of the Vendor’s hourly rate bid. If higher herbicide rates or other herbicides not included in Section 1.2 are required by the work order, those additional herbicides shall be supplied by IDNR.

2.2.3. Vendor shall submit pricing in the line items on BidBuy, based on the terms and conditions set forth in section 1 of this Contract.

2.2.4. Estimated Quantities are for a four (4) year term. The quantities listed are for estimated purposes only. IDNR reserves the right to award contracts as indefinite quantities. The value of awards shall not exceed what is identified in section 2.7.

2.2.5. Primary, secondary and tertiary awards may be made to the responsive/responsible low bidder by work item for each work zone. After awards are made and contracts are fully executed, job/project assignments will be assigned via a “Work Order Job Form” (Attachment B) on an as needed basis throughout the contract term. The Primary vendors shall have 7 days to notify IDNR if they are accepting the job after receiving the work order job form from IDNR. In the event the Primary vendor is unable to accept the job, the secondary vendor will be given the next opportunity to accept the job. The secondary vendor will notify IDNR within 7 days if they are accepting the job. In the event that the secondary vendor is not able to accept the job, IDNR will move to the tertiary vendor(s) under the same terms. In the event that no contracted vendor for that zone can do the work, the department reserves the right to bid the job to other vendors through the procurement process.

2.3. ECONOMIC ADJUSTMENTS:

2.3.1. The prices in this Contract must remain firm for the first year after the execution date of the Contract. Thereafter, one upward price adjustment may be applied no more frequently than once during any given twelve (12) month period.

2.3.2. All adjustment requests shall be made in writing. Vendor shall not be entitled to apply an upward price adjustment without first obtaining approval of such request from the Department of Natural Resources.

2.3.3. In the event a downward adjustment is warranted, the State reserves the right to adjust once during any given twelve (12) month period for this decrease based on CPI.

2.3.4. Maximum allowable adjustments as indicated above shall be governed by the U.S. Bureau of Labor Statistics Consumer Price Index (CPI-U) for All Items in Midwest Urban, all urban Consumers, not seasonally adjusted.

2.3.5. The base CPI-U published index will be determined by the month of the bid opening date. If the bid opening date occurs in April, then the base CPI-U will be April's published index.

2.3.6. The published CPI-U Index at the time of requested adjustment will be determined by the month and day the adjustment was submitted to IDNR regardless of whether it is a preliminary or final index publication.

2.3.7. No further adjustments will be made once the maximum allowable adjustment has been calculated for the given 12 months.

2.3.8. The maximum allowable adjustment shall be calculated as follows:

Published CPI Base CPI Base CPI % change

% change * Original Price Adjustment = New Price

* The U.S. Bureau of Labor Statistics web site can be located at HTTP://WWW.BLS.GOV/CPI.

2.3.9. Should the referenced Consumer Price Index (CPI-U) become discontinued during the contract, it will be replaced by an appropriate alternative CPI chosen by DNR and all adjustments will be calculated based on the same methodology as outlined above, but with data from the new replacement index.

2.3.10. Requested adjustments shall include the contract number, work item, work zone, bid price and requested price adjustment.

2.3.11. In all cases, the contractor must file a claim in writing for such adjustment prior to the completion of work. In any event, the claim for such adjustment will not apply to work completed provided prior to the date the IDNR approved the economic adjustment request.

2.4. MAXIMUM AMOUNT: The total…