A04_SOW___Exhibit_A_LouisvilleSwamp_Units1_2.docx

Woody Removal and Enhancement of Louisville Swamp (Units 1 & 2) U.S. Fish & Wildlife Service, Minnesota Valley NWR/WMD

Statement of Work Exhibit A

Project: Mechanical and chemical control of invasive woody species (e.g. buckthorn, honeysuckles, sumacs, pin oak, etc.) of up to 143 acres of the Louisville Swamp Unit of Minnesota Valley NWR.

Project Location: Louisville Swamp Unit, Scott County, MN: T115N: R23W: S28, 29 Project Performance Period: March 1st, 2024 – August 1st, 2026 (Dates contingent on endangered species consultation) Project Manager: Dan Paulson (Daniel_Paulson@fws.gov 612-505-4258) Alternate Project Managers: Jacob Randa (Jacob_Randa@fws.gov 612-757-9781) Faye Healy (Faye_Healy@fws.gov 612-720-3420)

Bids and Site Visit All bids are to be submitted on a “PER ACRE” unit-price basis, a bid for each project area (two project areas), and a combined bid for all project areas. If the contractor would like a site visit prior to submitting a bid (strongly recommended) for this project, please contact Jacob Randa (Jacob_Randa@fws.gov, 612-757-9781) or Dan Paulson (Daniel_Paulson@fws.gov, 612-505-4258).

Location Project area is within the Louisville Swamp Unit of Minnesota Valley National Wildlife Refuge (see Exhibit B), located in Scott County, Minnesota, approximately 5 miles North of Jordan, MN. (T115N: R23W: S28, 29)

Project Information Minnesota Valley NWR/WMD is seeking a qualified contractor to conduct invasive woody removal and habitat enhancement at the Louisville Swamp Unit of MN Valley NWR. The work will restore and enhance oak savanna, oak woodland, native prairie, and rock outcrop habitats. Mechanical removal, chemical treatment, and hand cutting of invasive woody species will be required for successful implementation of this project. This project will protect sensitive habitats, promote prairie plants, provide habitat for grassland and forest dependent species, and increase prescribed fire efficacy by reducing heavy fuels.

Description of Work This is a non-personal services contract order for mechanical and chemical control of woody invasives of up UP TO 143 acres. The Contractor shall provide all personnel, labor, equipment, supplies (e.g. herbicides, surfactant, water, fuel), transportation, tools, materials, supervision, and other non-personal services necessary to perform the requirements of this contract order and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of the contract.

Description of Project Areas (Exhibit C):

Unit 1: 98 Acres – Foliar and basal bark Herbicide Application Unit 2: 45 Acres – Heavy Brush and small tree (e.g., buckthorn, prickly ash, sumac, and pin oak) removal and follow-up treatment

Unit 1 Is tallgrass prairie and restored remnant oak savanna. The management objective for this unit is a 75% reduction of non-oak woody species. Sumac, buckthorn, and prickly ash are the primary targets for foliar herbicide application, but scattered ash and elm under 6” dbh should be treated with a basal bark herbicide application (see more herbicide requirements below). Native non-oak trees >6” dbh will remain in the unit untreated. The contractor will primarily target large clonal patches of sumac, buckthorn and interspersed prickly ash to accomplish the 75% reduction in non-oak woody species. All chemical foliar treatment must be completed during the growing season of 2024 BEFORE OR AFTER blooming, but before leaves begin to turn colors (this includes shrubs/sumac). Extreme care must be taken to reduce non-target mortality of flowering plants, as part of this unit is within the high-potential zone for the endangered rusty patched bumble bee.

Unit 2 is remnant oak savanna heavily infested with buckthorn and other undesirable woody species (prickly ash, sumac, Siberian elm, and pin oak). The management objective for this unit is to restore biologically and structurally diverse oak savanna habitat. All tree removal must be completed during the inactive bat period (November 1st- March 31st). The primary targets will be buckthorn and Siberian elm. All bur oaks and standing dead trees (i.e. snags) will remain standing regardless of size to provide habitat for wildlife and federally listed bats. All native trees (i.e. American elm, black cherry, northern hackberry, red oak, pin oak, green ash, etc.) greater than 6” dbh will also be left. Quaking aspen and butternut regardless of size will also remain uncut and untreated. USFWS Staff will mark/flag butternut trees to ensure they are not accidentally removed. All stumps must be cut to a height no greater than 2 inches.

The contractor should use best professional judgement in application and control methodology. This site will provide various levels of infestation and may require foliar treatment, basal bark treatment, forestry mowing and cut-stump treatment. There should be no trees, other than the previously mentioned, standing upon completion of the project (i.e. chemically killed trees must still be cut before project completion with few exceptions provided by USFWS project managers). All trees that are cut (not mulched) must be piled to the specifications listed below. Chemical follow-up on resprouts must be conducted the following growing season. The chemical follow-up will occur during the active bat season, so consideration of noise and vibration levels will be required. Discussions between the contractor and project manager will be necessary to determine what is acceptable based on the required equipment.

Additional Conservation Measures for Endangered Species

· If a Rusty Patched Bumblebee nest is found, it will be avoided during all project activities and Refuges and Ecological Services will coordinate on appropriate buffers.

· Use ATVs and UTVs in the Rusty Patched Bumblebee high potential zone only when condition would cause minimal ground disturbance.

· All mixing and/or loading of herbicides will take place in the parking lot.

· Avoid herbicides with cautions on the label that read "highly toxic to bees," "residual times," or "extended residual toxicity".

· Avoid exposing bumble bees to herbicide directly.

Herbicide Details All herbicide applicators must have current applicable commercial pesticide applicator licenses. Triclopyr ester (e.g. Garlon 4, Element 4, etc.) and triclopyr amine (e.g. Garlon 3a, Element 3a, etc.) formulations are the preferred herbicides, any other herbicides MUST be approved before use. All applications within 100 feet of a wetland must utilize the amine (i.e. 3a) formulation, or an aquatic approved herbicide. All labels and applicable state and federal laws must be followed. Other formulations (e.g. tank mixes with Garlon 3a and Milestone) and additional surfactants must be approved by the project manager prior to use. Basal bark and cut stump treatments must use either a commercially available carrier oil or kerosene. An indicator dye is required for ensuring coverage and inspection. The Contractor is responsible for ensuring spray conditions are suitable for application and do not pose a risk of herbicide drift or off-site impacts.

Bucking & Piling The Project Manager will determine whether to pile or loosely scatter cut.

woody debris. Felled/sheared trees and any branches >2 inches diameter shall be bucked into pieces and piled with a tracked excavator or skid steer. Bucking and piling requirements are listed below:

• Bucking:

o Trunks/branches 2-24 inches diameter: cut into lengths < 20 ft.

o Trunks/branches 24-36 inches diameter: cut into lengths < 12 ft.

o Trunks/branches >36 inches diameter: cut into lengths < 8 ft.

• Piling: (piles that do not meet these standards will be re-piled) o Construct piles in drier upland areas at least 40 feet from property boundaries, preferably in areas with abundant fine fuels and where piles will be conspicuous to fire personnel and will not create a safety hazard during ignition.

o Create as few piles as possible.

o Avoid excessive movement of equipment across the unit; pile trees in areas central to work locations.

o Construct piles in such a manner to facilitate effective burning:

· Remove soil, rocks, and debris from tree roots/trunks before piling.

· Locate piles in areas where the brush will be conspicuous, will not pose a safety risk to fire personnel during ignition or throw firebrands into adjacent property.

· Stack woody debris tightly and uniformly.

· Orient trunks and limbs parallel to each other.

· Can use weight of the skidsteer/excavator to compress piles.

· Mix fuel sizes or keep finer fuels at the bottom of piles.

· Avoid concentrating largest diameter fuels in one place.

· Cut off any lateral (straight horizontal) limbs and substantial secondary limbs and add to piles.

· Prevent treetops from protruding vertically from the tops of piles.

· Cut off any branches/limbs that protrude >3 ft from the edge of piles.

Contract Details Contractor must comply 100% with the agreed-upon plan of work. Mechanical removal of trees will be in a method approved by USFWS and will be conducted at times approved by USFWS to reduce impacts to threatened and endangered species. Method of chemical treatment will be ground-based application via backpack, ATV, or UTV sprayer. Application of chemicals must be at the appropriate rate suggested by the manufacturer and in accordance with the product label. The Contractor must have a current Minnesota Pesticide Applicator license, and it must be provided to the project manager. The Contractor must comply with all EPA, OSHA, and other Federal, State and Local Government statutes and regulations while performing the services stated in this Statement of Work. The Contractor MUST notify the project manager of any spills or safety incidents within 24 hours of the incident. The Contractor will give at least 24-hour notice before application commences. Note that the payment will be made only for actual acres treated which are agreed upon between the Contractor and the US Fish and Wildlife Service (Dan Paulson or Jacob Randa), prior to commencement of operations.

The Contractor shall be responsible for collecting the following data for USFWS: Dates of operation, total acres treated (chemically and mechanically), and chemical use report (detailing herbicide, herbicide rates, volumes, and adjuvants).

CONTRACTOR-FURNISHED PROPERTY AND SERVICES

1. General - The Contractor shall provide all labor, equipment, supervision, transportation, operating supplies, herbicide, and incidentals needed to perform the work.

2. The vendor must possess any/all required Minnesota licenses applicable to this job, including a license to apply herbicides.

3. Apply specified herbicide mixes for maximum efficacy and minimal threat to off-site targets.

4. Ensure spray is applied to allow for a 24-hour dry time. Application cannot be made within 24 hours of predicted rainfall.

5. Ensure spray is applied while winds remain under 12 mph.

6. Ensure spray coverage is a minimum of 90% of the area defined.

7. Equipment Maintenance: Throughout the period of performance, machines used to accomplish this contract shall be maintained in good and safe working order and shall be free of fluid leaks in order to protect the Refuge environment. All equipment shall be cleaned prior to operation on Government lands (all dirt, grease, and plant parts shall be removed, to minimize risks of contamination of the Refuge). The Contractor shall not deviate from the equipment listed in its quote unless approved by the US Fish and Wildlife Service.

Safety

· At all times, the vendor will ensure the safety of all personnel involved in the operation including the mandatory use of all prescribed personal protective equipment.

· Damages caused by spills caused by the Contractor will not be the responsibility of the U.S. Fish and Wildlife Service.

· The Contractor agrees to abide by all local standards, protocols, instructions, and briefings related to access the various sites. Any accident or injury resulting from the Contractor's failure to follow instructions will be the sole responsibility of the Contractor.

Statement of Guarantee The Contractor shall exercise his/her professional judgment as to the exact timing and extent of application of the herbicides/surfactants prior to the deadline. Care should be taken to avoid application on days with consistent wind speeds over 10 mph. No spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or when wind directions are likely to result in drift to non-targeted areas. At a minimum, herbicide cannot be applied when the forecast indicates a moderate probability (40% or higher) of significant precipitation during the 24 hours following application.

The Contractor warrants that: should the desired results not be achieved, the contractor will, at no additional cost to the U.S. Fish and Wildlife Service, reapply herbicide to those areas where targeted vegetative growth persists post-treatment. The determination as to the acceptable performance of the Contractor and the need to reapply the herbicides will rest solely with the US Fish and Wildlife Service. A request to re-treat an area may be either verbal or in writing. The desired results to be achieved are 75% kill of targeted woody vegetation delineated in provided map and shapefiles (if requested).

Contractor Safety and Experience

· Contractor and all employees assisting will have an excellent safety record.

· At all times, the Contractor will ensure the safety of all personnel involved in the operation including the mandatory use of all prescribed personal protective equipment.

· The Contractor must have a current Minnesota Pesticide Applicator license. The Contractor must comply with all EPA, OSHA, and other Federal, State and Local Government statutes and regulations while performing the services stated in this Statement of Work.

· Contractor will be fully insured.