A04_SOW___Exhibit_A_LouisvilleSwamp_Units3_4.docx

Woody Removal and Enhancement of Louisville Swamp (Units 3 & 4) 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 102 acres of the Louisville Swamp Unit of Minnesota Valley NWR.

Project Location: Louisville Swamp Unit, Scott County, MN: T115N: R23W: S32, 33 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: S32, 33)

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. Follow-up chemical treatment of regrowth will be required where regrowth occurs. Due to the presence of multiple threatened and endangered species, the sequencing and timing of various aspects of the project will be critical for success. The contractor and USFWS Project Managers must communicate often throughout implementation of this contract. 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 TO 102 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 3: 89 Acres – Scattered Woody Invasives Control (Chemical and mechanical) Unit 4: 13 Acres – Rock outcrop enhancement (hand cutting and thinning)

Unit 3 consists of maple-basswood and oak woodlands, as well as areas of rock outcrop and oak savanna (unit 4). These units may become inaccessible at various times of the year due to flooding. The management objective for this unit is a reduction in invasive woody species (e.g. buckthorn and honeysuckles). Invasive woody species are scattered throughout unit 3 at relatively low densities. The contractor must thoroughly cover the area using basal bark treatments on trees <6” dbh and foliar treatments on trees/bushes <5 feet tall. Areas where buckthorn is contiguous (monoculture) or too large for basal bark treatment, it should be cut, piled and stumps treated with herbicide. Due to the presence of federally protected bats, all trees greater than 3” dbh, must be cut during the inactive bat period (November 1st - March 31st). All stumps must be cut no higher than 2 inches. Much of Unit 3 falls within the high potential zone for the endangered rusty patched bumble bee, so soil compaction must be reduced – vehicle use must be restricted to the trail and herbicide treatments must be on foot (e.g. backpack sprayer). Treatment must be done when target species are not flowering, and extreme care must used to ensure non-target flowering plants are not impacted.

Unit 4 consists of rock outcrop and remnant oak savanna. These sites are highly fragile with thin soils and are sensitive habitats. The management objective for this unit is to enhance the remnant oak savanna by reducing undesirable woody species. This unit is in the high potential zone for the endangered rusty patched bumblebee, thus all cutting, piling, and herbicide treatments must be done on foot (limited exceptions for moving or consolidating piles may be made by the USFWS project managers – contractor MUST keep ground disturbance <.25ac). Extreme care must be taken to reduce non-target mortality of flowering plants. All buckthorn, sumac, prickly ash, and honeysuckles must be treated (foliar or basal bark) and/or cut and treated. Foliar applications must not be during the flowering period for target species. Pin oak and northern red oak <6” dbh, mush be cut, treated, and piled according to the specifications below. All bur oak regardless of size should remain. If large (>6” dbh) non-oak species are within the unit boundary, consult with a USFWS project manager, otherwise non-oak species <6” dbh should be cut, treated, and piled. Due to the presence of federally protected bats, all trees greater than 3” dbh, must be cut during the inactive bat period (November 1-March 31). All stumps must be cut no higher than 2 inches. 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. Comment by Randa, Jacob G: Soils are so thin in these areas that I do not expect there are any overwintering rpbb queens.

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.