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HomeMy WebLinkAboutEnvironmental Consulting & Service Agreement - J>F> New & Assoc Mar 20 02 02: 09p J F NEW & ASSOCIATES, INC 219-588-2998 p. 3 ENVIRONMENTAL CONSULTING AND SERVICE AGREEMENT THIS ENVIRONMENTAL CONSULTING AND SERVICE AGREEMENT (this "Agreement")is made as of the ea-;1I day of'4 tom,a-12_42000,between the Carmel Redevelopment Commission ("CRC") and J.F. New & Associates, Inc., an Indiana corporation C.I.F. New"). Recitals A, CRC will be required, pursuant to the Federal Water Pollution Control Act, as amended (the "Act"), to create mitigation for impacts to approximately 2.7 acres of forested wetlands in connection with CRC's construction of Carmel City Center. B. The Hamilton County Parks and Recreation Department and its Board of Directors.(collectively, "Parks Board") has agreed to allow CRC to create wetlands, prairie and/or bottomland forest, which comply with all applicable provisions of the Act and fulfill CRC's mitigation obligations under the Act(collectively,the"Wetlands"),on the Parks Board's Strawtown and/or Cox Hall properties. C. Pursuant to Section 401 of the Act,CRC will obtain the necessary regulatory approvals and permits from the Indiana Department of Environmental Management ("IDEM"), in the form of a 401 Water Quality Certification (the "401 Certification")to begin construction of the Wetlands. D. Pursuant to Section 404 of the Act, CRC will obtain the necessary regulatory approvals and permits from the United States Army Corps of Engineers, in the form of a 404 Permit (the "404 Permit") to begin the construction of the Wetlands, E. CRC desires to employ J.F. New to develop, construct, and maintain the Wetlands in compliance with the Act. Agreement NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties to this Agreement hereby agree as follows: 1. Mitigation Plan. Prior to its commencement of the Work (as hereinafter defined), J.F. New shall prepare and submit for approval by CRC, Parks Board and IDEM a mitigation plan describing in detail the proposed design,construction,maintenance,monitoring and other specifications for the Wetlands (the "Mitigation Plan"). J.F. New shall not begin the Work until each of CRC,Parks Board and IDEM has approved the Mitigation Plan. In the event that CRC, Parks Board or IDEM rejects the Mitigation Plan for any reason,J.F.New shall have thirty(30)days to revise and resubmit the Mitigation Plan so that it is in a form acceptable to CRC,Parks Board and Mar 20 02 02: 1Op J F NEW & AISSOCIATES, INC 219-586-2998 p. 4 IDEM. This Agreement shall become terminable at the sole option of CRC in the event that J.F. New fails to submit an acceptable Mitigation Plan or to revise the Mitigation Plan within thirty (30) days of rejection of the Mitigation Plan by CRC, IDEM or Parks Board. 2. Creation of Wetlands. J.F.New shall provide and pay for all labor, materials, supervision, equipment, appliances, fixtures, construction equipment, machinery, tools, utilities, taxes, fees, licenses, permits and approvals (except those permits and approvals to be obtained by CRC prior to the date of this Agreement),and other facilities and services necessary to perform and complete, in a good and workmanlike manner and in compliance with all applicable provisions of the Act, the 401 Certification and the 404 Permit, the construction of the Wetlands upon the Strawtown and/or Cox Hill properties (the "Work"). J.F.New shall provide all services required to complete the Work,including but not limited to, the items described in Exhibit A which is attached to and made a part of this Agreement. 3. Monitoring and Compliance. J.F. New acknowledges that the 401 Certification and the 404 Permit will require that the Wetlands be monitored to ensure that the Wetlands continue to meet all applicable rules and regulations promulgated under the Act for a period of five(5)years after they are completed, and J.F. New agrees to provide,for a period of five (5)years following completion of the Wetlands, or such other period of time as IDEM may require, the monitoring and maintenance of the Wetlands (the "Maintenance"), The Maintenance shall include,but shall not be limited to,the services described more fully on Exhibit B,which is attached to and made a part of this Agreement. In the event that IDEM requires that the Maintenance..be carried on for a period greater than five (5) years, CRC and J.F. New shall amend Exhibit B to provide for such additional Maintenance. 4. Time of Commencement. J.F. New shall commence the Work within sixty(60)calendar days after the date on which both the 401 Certification and 404 Permit are valid and effective. To comply with the 401 Certification and 404 Permit, J.F. New shall complete the Work within one (1) year of the date of issuance of the 401 Certification or 404 Permit, whichever is earlier, subject to adjustments in such time for completion(the "Construction Time")by "Change Order" (as that term is defined in Section 15) as provided in this Agreement. Once it has commenced the Work, J.F. New shall maintain a full work force at the Strawtown and/or Cox Hall properties until J.F. New has completed the Work. 5. Delays, If the progress of the Work is delayed as a result of adverse weather conditions not reasonably anticipated, strikes, casualty, or any other causes or occurrences beyond J.F. New's reasonable control, CRC shall, upon the written request of J.F. New, extend the Construction Time by Change Order for such reasonable time as CRC and J.F.New shall determine by mutual agreement; provided, however, that CRC and/or J.F. New shall first have obtained approval from IDEM prior to extending the Construction Time. The right to request an extension shall be J.F. New's only remedy against CRC, and J.F. New shall have no claim against CRC for damage, loss, or expense resulting from such delays. -2- Mar 20 02 02: 10p J F NEW & ASSOCIATES, INC 219-586-2998 p. 5 6. J.F.New to Obtain Permits and Comply with Regulations. J.F.New shall give all necessary notices to, and (except for the 401 Certification and the 404 Permit) shall obtain the necessary peiiuits and approvals of,the proper governmental authorities to complete the Work and shall comply with all laws,ordinances,rules,regulations and orders of any public authority and with all private restrictions, covenants and conditions bearing on the construction of the Wetlands and shall promptly notify CRC if any of J.F. New's designs for the Wetlands are at variance therewith. 7. Cleanup. J.F.New shall at all times during the performance ofthe Work keep the Strawtown and Cox Hill properties free from rubbish and debris caused by J.F.New's operations. After it has completed the Work, J.F, New shall remove all refuse and debris from and about the Strawtown and Cox Hill properties, as well as its tools, construction equipment, machinery and surplus materials. 8. Covenant of Contractor. J.F.New shall supervise and direct the construction of the Wetlands,using its best skill and attention,and shall be solely responsible for all construction means,methods,techniques, sequences,and procedures and for coordinating the construction of the Wetlands under this Agreement. 9. Correction of the Work. J.F. New shall promptly correct all Work and Maintenance which is defective or fails to conform to the requirements of this Agreement, whether observed during the Construction Time or during the Maintenance of the Wetlands. If, within two (2)years after the date of final payment to J.F. New pursuant to Section 12 of this Agreement, any of the Work or Maintenance is found to be defective or not in conformance with the requirements of this Agreement or any applicable rules, regulations, and orders of any public authority,J.F.New shall correct the defective or non-compliant Work or Maintenance promptly after receipt of a written notice from CRC or any public authority. 10. Annual Reports. J.F. New further acknowledges that CRC must submit annual reports to IDEM for a period of five (5) years following completion of the Wetlands (the "Reports")and agrees to conduct all of the necessary testing,data collection,and research to prepare the Reports. J.F. New agrees to prepare each Report and submit it to CRC for review. Following CRC's review of a Report, J.F. New shall revise the Report to reflect any comments received from CRC and take all necessary steps to timely file the Report with IDEM on behalf of CRC. 11. Contract Price. In consideration for J.F. New's performance under this Agreement,CRC shall pay J.F.New the sum of Two Hundred Eighty-Nine Thousand,Five Hundred Two Dollars and Five Cents($289,502.05)(the "Contract Price"). The Contract Price shall be paid as provided in Section 12. 12. Payments to J.F. New. (a) Pursuant to the terms of this Section 12(a), CRC shall make payments to J.F.New for J.F. New's performance of the Work totaling $205,127.05 (the "Construction Price"). J.F.New shall submit to CRC an application for payment on or about the fifteenth(15t)day of each -3- Mar 20 02 02: 10p J F NEW & ASSOCIATES, INC 219-586-2998 p. 8 month during which the Work is being performed. J.F. New shall show in detail all services rendered by J.F. New on account of the Wetlands during the previous month and shall base its application for payment on the percentage of Work completed at time of application for payment. Within thirty-five(35)days following the date of receipt of J.F.New's application for payment,CRC shall deliver a check to J.F.New in an amount consistent with the application for payment;provided, however, that CRC shall not be required to make payment if CRC reasonably concludes that the application for payment includes any Work which has not been performed pursuant to Section 2 of this Agreement as of the date of application for payment. In the event that CRC elects not to deliver a check to J.F. New pursuant to this Section 12(a), CRC shall,within thirty (30) days of receipt of the application for payment from J.F. New, provide written notice to J.F. New which contains the reasons the application for payment does not comply with the 401 Certification or this Agreement (the"Non-Payment Notice"). J.F. New shall revise the application for payment and resubmit it to CRC. CRC shall then deliver payment to J.F. New within thirty-five (35) days following the date of receipt of J.F. New's revised application for payment. The total amount paid by CRC for the Work shall not exceed the Construction Price of$205,127.05. (b) Pursuant to the terms of this Section 12(b), CRC shall make five (5) annual payments, each payment in the amount of$16,875, to J.F. New for J.F. New's performance of the Maintenance. J.F. New shall, each time it submits a Report for review by CRC pursuant to Section 10 of this Agreement, deliver to CRC an application for payment showing in detail all services rendered by J.F.New on account of the Wetlands. Within sixty(60)days following the date of receipt of J.F. New's application for payment, CRC shall deliver a check to J.F. New in the amount of$16,875;provided,however,that CRC shall not be required to deliver such check if CRC reasonably concludes that the Report submitted for review by J.F. New fails to comply with the terms of the 401 Certification or this Agreement. In the event that CRC elects not to deliver a check to J.F. New pursuant to this Section 12(b), CRC shall, within thirty (30) days of receipt of the application for payment from J.F.New,provide a Non-Payment Notice to J.F.New. J.F.New shall revise the Report and file it with IDEM pursuant to Section 10 of this Agreement within thirty(30) days of receipt of the Non-Payment Notice. CRC shall then deliver payment to J.F.New within sixty (60) days of the date on which IDEM receives the revised Report. 13. Performance Bond and Labor and Material Payment Bond. J.F. New shall furnish separate performance and payment bonds in the amounts of 100%of the Construction Price, as security for the faithful performance of and payment of all its obligations under this Agreement to complete the Work. These bonds shall be in a form acceptable to CRC, with a surety acceptable to CRC and licensed to do business in the State of Indiana. 14. Information and Services Required of CRC. Information, selections, decisions, or services under CRC's control shall be furnished and/or made by CRC with reasonable promptness to avoid delay in the orderly progress of the Work or Maintenance of the Wetlands for compliance with the 401 Certification and the Act. 15. Changes in the Work. Changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions may be made upon the mutual -4- Mar 20 02 02: 11p J F NEW & ASSOCIATES, INC 219-586-2998 p. 7 consent of CRC and J.F.New. All such changes in the Work shall be authorized and evidenced by a written document executed by CRC and J.F. New (a "Change Order"). Each such Change Order shall (a) identify and describe the agreed change; (b) state the dollar amount, if any, to be added to or credited against the Contract Price with respect to such change; and(c) state the number of days, if any,to be added to or deducted from the Construction Time by reason of such change; provided, however, that CRC and/or J.F. New shall receive any required approval from IDEM prior to executing any Change Order. 16. Rejection of Work. CRC shall have the right to reject Work or Maintenance which does not conform to the requirements of this Agreement,or which does not meet the approval of the Parks Board. If J.F.New fails to correct defective or non-conforming Work or Maintenance, or fails to carry out the Work or Maintenance in accordance with the requirements of this Agreement, CRC, by written order,may order J.F.New to stop the Work or Maintenance,or any portion thereof, until the cause for such order has been eliminated. However,this right of CRC to reject or stop the Work or Maintenance shall not give rise to any duty on the part of CRC to exercise this right for the benefit of J.F. New or any other person or entity. 17. Withholding of Payments. Any payments required by this Agreement may be withheld by CRC in the event: (a) J.F. New fails to remedy defective Work or Maintenance; (b) J.F. New fails to make payments properly to subcontractors or for labor, materials, supplies, appliances, fixtures, or equipment; (c) J.F. New fails to carry out Work or Maintenance in accordance with the requirements of this Agreement; (d)CRC reasonably determines that the Work or Maintenance covered by J.F.New's application for payment has not been performed; (e) CRC or another contractor incurs losses or damages;or(f)the Parks Board becomes dissatisfied at any time with the Work or Maintenance. 18. Indemnity. (a) J.F. New shall indemnify and hold CRC harmless from any and all claims, suits, damages, losses, costs, and expenses arising out of or resulting from the performance of this Agreement,provided that any such claim,suit,damage,loss,cost,or expense(a) is caused in whole or in part by J.F. New or by any of its subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (regardless of whether or not such claim, suit, damage, loss, cost, or expense is caused in part by the negligence of CRC), or (b) is caused in whole or in part by the failure of J.F.New to comply with the terms and conditions of this Agreement. This obligation of indemnity shall not be construed to negate, abridge, or reduce other obligations of indemnity which J.P. New may have to CRC. (b) CRC shall indemnify and hold J.P. New harmless from any and all claims, suits, damages, losses, costs and expenses arising out of or resulting from the performance of this Agreement, provided that any such claim,suit, damage,loss, cost, or expense is caused in whole or in part by the failure of CRC to comply with the terms and conditions of this Agreement. -5- Mar 20 02 02: 11p J F NEW & ASSOCIATES, INC 219-586-2998 p . 8 19. Protection of Persons and Property. S.F. New shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work and Maintenance. J.F, New shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage,injury,or loss to,(a)all employees on the Work and Maintenance and other persons who may be affected thereby;(b)the Work and Maintenance and all materials and equipment to be incorporated therein; and (c) other property on the Strawtown or Cox Hall properties or those properties adjacent thereto. J.F.New shall promptly remedy all damage or loss to any property caused in whole or in part by J.F.New or any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except damage or loss attributable to the acts or omissions of CRC or by anyone for whose acts CRC may be liable and not attributable to the fault or negligence of J.F. New. The foregoing obligations of J.F. New are in addition to its obligations under the foregoing Section 18. 20. Liability Insurance. J.F. New shall purchase and maintain, with properly licensed companies acceptable to CRC, such insurance as will protect J.F. New and CRC from claims under worker's compensation, disability benefit, and other employee benefit acts, claims for damages because of bodily injury or death of any person,and claims from damage to property which may arise out of or result from J.F.New's operations under this Agreement,whether such operations be by J.F. New, a subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. CRC shall be named as an additional insured on such insurance. 21. Termination of Agreement. (a) CRC may terminate this Agreement upon the failure of J.F. New to observe or perform any of the agreements or obligations contained herein to be observed or performed by J.F.New,but only after CRC has provided J.F.New with written notice specifying the nature of such default, and after J.F. New has had ten days to cure such default, or such other reasonable time as may be required to cure such default(provided J.F. New has commenced reasonable efforts to cure the default within such ten-day period and is diligently pursuing such cure). In the event of the termination of this Agreement by CRC under this subparagraph(a), CRC may take possession of all materials, other than J.F. New's tools or equipment, on the Strawtown and Cox Hill properties and may complete the Work or Maintenance by whatever means and method CRC deems expedient. If, after completion of the Work or Maintenance,the unpaid balance of the Contract Price(as amended by Change Orders as of the date of termination) exceeds the cost of completing the Work and the first year of Maintenance,and CRC's estimate of other costs and losses incurred by CRC as a result of J.F.New's default, CRC shall pay J.F.New for any unpaid portion of the actual cost of the Work and Maintenance performed by J.F.New prior to the date of termination. If the cost of completing the Work and Maintenance and CRC's estimate of other costs and losses incurred by CRC as a result of J.F. New's default exceeds the unpaid balance of the Contract Price (as amended by Change Orders as of the date of termination), J.F. New shall immediately pay any such difference to CRC. This obligation for payment shall survive the termination of this Agreement. -6- Mar 20 02 02: 12p J F NEW & ASSOCIATES, INC 219-586-2998 p. 9 (b) This Agreement may be terminated at any time upon the mutual written consent of CRC and J.F. New. In the event this Agreement is terminated pursuant to this subsection (b), CRC shall pay J.F. New for the Work and/or Maintenance performed by J.F. New prior to the date of termination. If the portion of the Contract Price received by J.F.New pursuant to Section 12 exceeds the cost of the Work and/or Maintenance performed by J.F.New prior to the date of termination, then J.F. New shall refund such difference to CRC. (e) This Agreement may be terminated at any time by CRC,in its sole discretion, upon failure by J.F. New to submit an acceptable Mitigation Plan in accordance with Section 1 of this Agreement. (d) This Agreement may be terminated by CRC,in its sole discretion, if both an effective 401 Certification and an effective 404 Permit in a form acceptable to CRC are not issued to CRC on or before August 31, 2000. In the event this Agreement is terminated pursuant to this subsection (d), CRC shall pay J.F. New for the reasonable and necessary services performed by J.F. New pursuant to Sections 1 and 6 of this Agreement before such termination, provided, however, that the total amount paid by CRC pursuant to this subsection (d) shall not exceed the lesser of$25,000 or the reasonable value of J.F.New's services rendered but not paid for at time of termination. 22. Government Compliance. J.F. New agrees to comply with all present and future federal, state and local laws,executive orders,rules,regulations,codes and ordinances which may be applicable to J.F. New's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. 23. Nondiscrimination. J.F.New represents and warrants that it and all of its officers, employees, agents, contractors, subcontractors and other persons shall comply with all existing and future laws of the United States, the State of Indiana and CRC prohibiting discrimination against any employee, applicant for employment or other person in the provision of any goods and services provided by this Agreement, with respect to the hire, tenure, terms, conditions or privileges of employment and to any other matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. CRC reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person so discriminated against. 24. Relationship of Parties. The relationship of the parties hereto shall be as provided for in this Agreement, and J.F. New and all of its officers, employees, contractors, subcontractors, agents and other persons are not and shall not become employees of CRC, and the sole responsibility to pay to or for same all statutory, contractual and other benefits shall remain exclusively with J.F. New. The payments set forth in Section 12 of this Agreement to be paid by CRC to J.F. New shall be the full and maximum compensation and monies required of CRC to be paid to J.F. New under this Agreement, subject to any Change Order made pursuant to Section 15 of this Agreement. -7- Mar 20 02 02: 12p J F NEW a ASSOCIATES, INC 219-586-2998 p. 10 25. Confidentiality. J.F. New shall not disclose the contents of this Agreement or any of its dealings with CRC in connection with the subject matter hereof without the prior written consent of CRC, except that J.F. New may disclose such matters to its directors, officers, and employees. 26. Binding Effect. This Agreement binds and benefits the parties and their respective successors and assigns;provided,however,that J.F.New may not assign this Agreement without the prior written consent of CRC, which consent may be given or withheld in CRC's sole discretion. 27. Notices. Any notice required or desired to be given hereunder shall be made in writing and shall be deemed given when mailed by United States certified mail, return receipt requested, postage prepaid, addressed as follows: (a) If to CRC: Carmel Redevelopment Commission One Civic Square Carmel, Indiana 46032 Attention: Karl P. Haas With a copy to: Baker & Daniels 300 North Meridian Street, Suite 2700 Indianapolis, Indiana 46204 Attention: Matthew R. Gutwein (b) If to J.F. New: 708 Roosevelt Road P.O. Box 243 Walkerton, Indiana 46574 Attention: Will Ditzler 28. Amendments. This Agreement may be amended,modified,or supplemented, in whole or in part,only by an instrument in writing executed in the same manner as this Agreement. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be considered to be an original instrument. 30. Waivers. The failure by any party at any time to require performance of any provision hereof shall not affect its right later to require such performance. No waiver in any one or more instance shall (except as otherwise stated therein) be deemed to be a further or continuing -8- Mar 20 02 02: 13p J F NEW & ASSOCIATES, INC 219-586-2998 p. 11 waiver of any such condition or breach in any other instances or a waiver of any other condition or breach of any other term, covenant, representation, or warranty. 31, Captions. The captions in this Agreement are inserted only as a matter of convenience and are not intended to define, limit, construe, or describe the scope or intent of any provision of this Agreement. 32. Partial Invalidity. In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid,void,or unenforceable,in whole or in part, the remainder of this Agreement or the application of such term or provision to circumstances other than those as to which it is held invalid, void, or unenforceable shall not be affected thereby and every term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 33. Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana without regard to its conflict of law principles. 34. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior arrangements or understandings with respect thereto. No amendment,modification,or alteration of the terms or provisions of this Agreement shall be binding unless in writing and duly executed by the parties to this Agreement. -9- Mar 20 02 02: 13p J F NEW & ASSOCIATES, INC 219-586-2998 p . 12 IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the date first written above. CARMEL REDEVELOPMENT COMMISSION By: • „. . Printed: /-.E Title: J.F. NEW& ASSOCIATES, INC. / / By: Printed: A1/1/L Title: Z.:61W- / -10- Mar 20 02 02: 14p J F NEW & ASSOCIATES, INC 219-58S-2998 p. 13 EXHIBIT A Strawtown Site 1. Project management and meetings with CRC and Hamilton County Parks Department 2. Permitting consulting services 3. Topographic surveys 4. Design and preparation of plans and specifications 5. Legal descriptions for easements on 20 acres 6. Construction and site preparation 7. Planting of 3 acres minimum of forested wetlands 8. Planting of 17 acres of bottomland hardwood forest 9. General repair for damage caused by ordinary usage,adverse weather,vandalism,and other outside causes 10. Consulting with farmer 11. Preparation of mitigation plans, including design, monitoring methodology standards, and submittal to Baker& Daniels 12. Contracting excavating services 13. Grading and seeding 14. Installation of tree seedlings and understory seed mix 15. Monitoring of hydrology throughout year 16. Mowing, selective herbicide spraying, weeding, temporary irrigation of prairie grasses and wildflowers at Cox site and other maintenance items as needed 17. General repair for damage caused by ordinary usage, adverse weather, vandalism, and other outside causes Cox Hall Park and Garden 1. Project management and meetings with CRC and Hamilton County Parks Department 2. Permitting consulting services 3. Topographic survey 4. Design and preparation of plans and specifications 5. Legal descriptions for easement on 3.5 acres 6. Construction of 1.5 acre wetland with earthen dam 7. Planting of 1.5 acre wetland 8. Planting of 2 acre prairie grass and wildflower meadow 9. Construction of boardwalks, 3 observation decks, and paths with educational signage 10. General repair for damage caused by ordinary usage,adverse weather,vandalism, and other outside causes 11. Preparation of mitigation plans, including design, monitoring methodology standards, and submittal to Baker& Daniels 12. Soils analysis 13, Watershed analysis and water budget calculations 14. Contracting excavating services -11- , Mar 20 02 02: 14p J F NEW & ASSOCIATES, INC 219-588-2998 p. 14 15. Grading and seeding 16. Construction of boardwalks and signage 17. Installation of prairie seed and plants and wetland seed and plants 18. Monitoring of hydrology throughout year 19. Mowing, selective herbicide spraying, weeding, temporary irrigation of prairie grasses and wildflowers at Cox site and other maintenance items as needed 20. General repair for damage caused by ordinary usage, adverse weather,vandalism, and other outside causes • -12- Mar 20 02 02: 14p 3 F NEW & ASSOCIATES, INC 21S-586-2998 p. 15 EXHIBIT B Year 1 1. Meetings with Hamilton County Parks and CRC as needed 2. Supplemental plantings as needed 3. Temporary irrigation as needed 4. Mowing of prairie at Cox property 5. Maintenance of signs and boardwalk at Cox property 6. Spot herbicide treatments at Cox and Strawtown, Spring, Summer and Fall 7. Mowing around trees at Strawtown; Summer 8. IDEM and COE monitoring field work and report to CRC and Baker& Daniels for review and submittal to agencies 9. General repair for damage caused by ordinary usage, adverse weather, vandalism,and other outside causes Year 2 1. Meetings with Hamilton County Parks and CRC as needed 2. Mowing or burning of prairie at Cox property 3. Supplemental plantings as needed 4. Herbicide treatments at Cox and Strawtown, Spring, Summer and Fall 5. Mowing at Strawtown; Summer 6. Maintenance of boardwalks and signage at Cox property 7. IDEM and COE monitoring field work and report to CRC and Baker& Daniels for review and submittal to agencies 8. General repair for damage caused by ordinary usage,adverse weather,vandalism, and other outside causes Year 3 1. Meetings with Hamilton County Parks and CRC as needed 2. Mowing or burning of prairie at Cox property 3. Supplemental plantings as needed 4. Herbicide treatments at Cox and Strawtown, Spring, Summer and Fall 5. Mowing at Strawtown; Summer 6. Maintenance of boardwalks and signage at Cox property 7. IDEM and COE monitoring field work and report to CRC and Baker & Daniels for review and submittal to agencies 8. General repair for damage caused by ordinary usage,adverse weather,vandalism, and other outside causes -1 3- • Mar 20 02 02: 14p J F NEW & ASSOCIATES, INC 219-586-2998 p . 16 Year 4 1. Meetings with Hamilton County Parks and CRC as needed 2. Mowing or burning of prairie at Cox property 3. Supplemental plantings as needed 4. Herbicide treatments at Cox and Strawtown, Spring, Summer and Fall 5. Mowing at Strawtown; Summer 6. Maintenance of boardwalks and signage at Cox property 7. IDEM and COE monitoring field work and report to CRC and Baker&Daniels for review and submittal to agencies 8. General repair for damage caused by ordinary usage,adverse weather, vandalism, and other outside causes Year 5 1. Meetings with Hamilton County Parks and CRC as needed 2. Final monitoring field work and reports to Baker & Daniels and CRC for submittal to agencies 3. General repair for damage caused by ordinary usage, adverse weather, vandalism, and other outside causes -14-