W912ES22B0026 Drain 27 Plantings 01-30-2023.pdf

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68 - 71 X H scott.e.hendrix@usace.army .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 72

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912ES 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

SCOTT E HENDRIX 651-290-5406

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

3 - 23 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

25 - 26 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 27 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 28 - 43 M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

44 - 57

PART II - CO NTRACT CLAUSES

CONTRACTING DIVISION

USACE - ST PAUL

332 MINNESOTA STREET

SUITE E1500

SAINT PAUL MN 55101

651-290-5414

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

W81G6722244570

5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912ES22B0026

01-FEB-2023

See Bid Submission Instructions, Section L 2:00pm 07-MAR-2023

W912ES22B0026

Section B - Supplies or Services and Prices

CLIN

# QTY UOM PRICE EXTENDED

Base Contract Year 1 0001 Initial Contract Submittals 1 EACH 0002 Seeding Zones 1-4 262.4 ACRE 0003 Seeding Zone 6 7.4 ACRE 0004 Planting Zone 5 35.3 ACRE 0005 Hydrologic Monitoring Equipment Installation 1 EACH 0006 2023 Establishment and Maintenance 7 MONTH 0007 2023 Annual Monitoring Report 1 EACH Year 2 1001 2024 Establishment and Maintenance 7 MONTH 1002 2024 Annual Monitoring Report 1 EACH Year 3 2001 2025 Establishment and Maintenance Activities 7 MONTH 2002 2025 Annual Monitoring Report 1 EACH Year 4 3001 2026 Establishment and Maintenance Activities 7 MONTH 3002 2026 Annual Monitoring Report 1 EACH Year 5 4001 2027 Establishment and Maintenance Activities 7 MONTH 4002 2027 Final Monitoring Report 1 EACH

Base Total Option 1 Year 1 5001 Option 1 Seeding 17.5 ACRES 5002 Option 1 Planting 0.9 ACRES 5003 2023 Option 1 Establishment and Maintenance 7 MONTH 5004 2023 Option 1 Addition to Annual Monitoring Report 1 EACH Year 2 6001 2024 Option 1 Establishment and Maintenance 7 MONTH 6002 2024 Option 1 Addition to Annual Monitoring Report 1 EACH Year 3 7001 2025 Option 1 Establishment and Maintenance Activities 7 MONTH 7002 2025 Option 1 Addition to Annual Monitoring Report 1 EACH Year 4 8001 2026 Option 1 Establishment and Maintenance Activities 7 MONTH 8002 2026 Option 1 Addition to Annual Monitoring Report 1 EACH Year 5 9001 2027 Option 1 Establishment and Maintenance Activities 7 MONTH

9002 2027 Option 1 Addition to Final Monitoring Report Addendum 1 EACH

Option Total Base and Option Total

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

DRAIN 27 WETLAND RESTORATION – NATIVE PLANTINGS

PERFORMANCE WORK STATEMENT

PART I

GENERAL INFORMATION

1. SUMMARY

A. This is a 5-year service contract to plant and establish wetland vegetation for the Drain 27 Wetland Restoration Project. The work will be completed through a base contract and one potential option. The total site area is approximately 335 acres, and is located in Cass County, North Dakota, near the town of Horace.

2. BRIEF DESCRIPTION OF SERVICES

A. Base Contract: The base contract covers approximately 315 acres of the site and includes, but is not limited to, soil preparation, planting of native seed mixes and plants, vegetation establishment, and site monitoring. Planting Zones 1, 2, and 3 overlap; therefore, seeding areas noted in this document are greater the total site area. Final Performance Standards, as defined in Part 2, Section 5 shall be met by the completion of year 5. Interim performance standards are also defined for years 3 and 4.

B. Option 1: Option 1 will add approximately 20 acres. The option includes soil preparation, planting of native seed mixes and plants, vegetation establishment, and site monitoring.

Planting Zones 1, 2, and 3 overlap; therefore, seeding areas noted in this document are greater the total site area. Option 1 shall meet all vegetation performance standards at the times specified in this Performance Work Statement.

3. EXISTING CONDITIONS

A. Base Contract: Site work, including excavation, embankment construction, and weir construction was completed by others in 2022. Following finish grading and topsoiling, the site was planted with oats, winter wheat, or stabilized with straw or hydraulic mulch. A temporary stockpile has been left on-site. The stockpile will be mulched by others in 2023.

B. Option 1: Earthwork for the option area has been completed and the site was farmed in 2022.

C. Site Access: The site can be accessed via 57th St S and 112th Ave S. The northern portion of 57th St S will be obliterated by the Southern Embankment Reach SE-3 contract, which is expected to begin in early 2025.

4. ADMINISTRATIVE REQUIREMENTS

A. Period of Performance:

1. Year 1: 1 Date of contract award to 31 December 2023.

a. Submittals, site preparation, seeding, plant establishment, maintenance, and monitoring.

2. Year 2: 1 January 2024 to 31 December 2024.

a. Plant establishment, maintenance, and monitoring.

3. Year 3: 1 January 2025 to 31 December 2025.

a. Plant establishment, maintenance, and monitoring; meet Interim Vegetation Performance Standards 1.

4. Year 4: 1 January 2026 to 31 December 2026.

a. Plant establishment, maintenance, and monitoring; meet Interim Vegetation Performance Standards 2.

5. Year 5: 1 January 2027 to 31 December 2027.

a. Plant establishment, maintenance, and monitoring; meet Final Vegetation Performance Standards.

B. Post-Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post-award conference convened by the Contracting Officer or their designated representative. The Contracting Officer and other Government personnel, as appropriate, may meet periodically with the Contractor to review performance. At these meetings the Contracting Officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will advise the Government of any problems encountered during performance. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

5. SUBMITTALS

A. Provide all submittals to the Contracting Officer. See Attachment 2, Deliverables Schedule.

Provide submittals in electronic format. Submittal by e-mail is acceptable; where attachments exceed the size limits for email, coordinate with the Government to determine an acceptable file hosting service or alternative submission process. Thumb drives, flash drives and other such removable media cannot be used on USACE computer systems and will not be accepted for submittals. Refer to Attachment 2, for acceptable software and file type.

6. SCHEDULE

A. Develop a schedule and submit to the Contracting Officer for acceptance prior to the commencement of planting (Attachment 2). The schedule shall include work to be completed with Option 1. The Contractor shall not plant or begin other on-site work prior to schedule approval. The Contractor is required to use sufficient equipment and crews to accomplish the required work within the Period of Performance.

B. The Contractor’s Project Schedule must, at a minimum, show the schedule at the level of detail that includes each Contract Line Item Number (CLIN), showing the timing and duration of all CLINs and any other necessary detail. The Contractor’s schedule must adhere to the overall period of performance of the contract per the Contractor’s accepted schedule and within the period of performance for each CLIN.

C. The Project Schedule shall be kept up to date and an updated schedule shall be submitted each month of the growing season (April – October) with the Contractor’s invoice. Updates will be required for each Plant Establishment Period and as necessary. The Project Schedule submitted with invoices shall show status of items as completed, in progress, or not started. Items in progress shall indicate percentage completion of that item. The Contractor may adjust times in the schedule subject to acceptance by the Government.

D. Provide the schedule in Excel spreadsheet format.

E. Payment for schedule development shall be included in CLIN 1001, Initial Contract Submittals. Updating the schedule shall be considered incidental to Establishment and Maintenance CLINs.

7. SITE-SPECIFIC REQUIREMENTS AND RESTRICTIONS

A. Use of Site Facilities:

1. Staging and storage is permitted within the work limits. The Contractor shall provide all required utilities to this area for the purpose of this Performance Work Statement (PWS).

The Government will not be responsible for any damage to, or loss of, equipment and supplies stored on-site. Maintain fire extinguishers and other safety equipment responsibly.

2. Any road termination barriers removed to access the site shall be replaced or repaired to original condition.

3. When stored onsite, the Contractor shall safely store any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturer’s recommendations or EM 385 1-1, whichever is more stringent. An SDS (Safety Data Sheet) is required for all chemicals, pesticides, herbicides, and cleaning solutions stored onsite.

4. Provide and maintain, within the work limits, the minimum field-type sanitary facilities approved by the Contracting Officer and periodically remove waste to a commercial facility. Any penalties or fines associated with improper discharge will be the responsibility of the Contractor. Always maintain these conveniences. Include provisions for pest control and elimination of odors.

B. Hours of Operation: Local noise ordinances must be followed for all powered, or loud work.

Cars and pickup trucks compliant with state and local requirements for public roads may be operated at any time. Schedule inspections during normal working hours.

C. Parking Regulations: Parking on public streets and at commercial businesses near the project site is prohibited. Park vehicles and equipment within the work limits in a manner that does not impact or damage vegetation establishment efforts, or repair damage at no additional cost to the Government. The Government will not invalidate or make reimbursement for parking violations under any conditions.

D. Temporary Traffic Control: Maintain and protect traffic on all affected roads during operations except as otherwise specifically directed by the Contracting Officer. Road terminations at 112th Ave S and 57th St. S shall be marked with barricades and “Road Closed” signs during all operations that could potentially pose a threat to public safety, such as seeding, mowing, burning, etc. Measures for protection and diversion of traffic, including the provision of watchmen and flagmen, erection of barricades, placing of lights around and in front of equipment and the work, and the erection of adequate warning, danger, and direction signs, shall be completed as required by the State and local authorities having jurisdiction. The traveling public shall be protected from damage to person and property.

E. Other Contracts:

1. Drain 27 Wetland Restoration Contract: Work completed under this contract includes the earthwork, embankment construction, and weir construction within the same footprint of the planting contract. The majority of work was complete in 2022. The Drain 27 Wetland Restoration Contractor will return to the site in spring 2023 to mulch a temporary stockpile. The temporary stockpile is planting Zone 6 in this planting contract. The Contractor shall work with the Drain 27 Wetland Restoration Contractor to coordinate site access.

2. Southern Embankment Reach SE-3 Contract (SE-3): The SE-3 contract is expected to be awarded in early 2025, with work beginning in spring 2025. The SE-3 contract work will include the obliteration of the northern portion of 57th St S and the removal of the temporary stockpile (Zone 6). The Contractor shall coordinate site access with the SE-3 Contractor.

3. Utility Work: The existing site conditions include utility pole along 112th Ave S and within the 57th St S vacated right-of-way. Cass County Electric may elect to remove these poles at some point during the performance period of this contract. The Contractor shall coordinate site access with Cass County Electric and their contractor.

F. Payment: Work associated with site specific requirements and restrictions, including traffic control and other contract coordination, shall be incidental to establishment and maintenance activities.

8. CONTRACTOR PERSONNEL

A. Standards of Employee Conduct: Personnel shall be required to adhere to the following standards of dress and conduct while performing work at the project site. These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 2014.

1. Be properly equipped at all times with the required personal protective and safety equipment.

2. Shall not use intoxicating beverages and/or drugs at the work site; nor shall the Contractor’s employees be under the influence of intoxicating substances while present on the work site.

3. Possession of weapons on site is prohibited.

B. Single Point of Contact: The Contractor shall provide a single point of contact (SPOC) in writing to the Government. The SPOC shall be responsible for relaying all contract information between the Government and the Contractor’s personnel. If the SPOC changes, the Contractor shall notify the Government in writing.

9. GOVERNMENT PERSONNEL

A. Authorities/Technical Direction: Take no direction that changes the terms and conditions of this contract from any Government employee or any person other than the Government Contracting Officer. This includes any change that could affect the contract’s cost, price, scope, or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract.

10. SAFETY REQUIREMENTS

A. General: Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in the Corps of Engineers safety and Health Requirements Manual (EM 385-1-1) and OSHA Safety Standards to ensure the safe working conditions for their employees and Government workers. Instructions for accessing the manual are available online at:

https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/

The entire Safety Manual is available for downloading or viewing at:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d

11. ENVIRONMENTAL REQUIRMENTS

A. General: All site activities shall comply with local, state, and federal environmental regulations and permits.

https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d

B. Spills: Should a spill of petroleum, pesticide, or other contaminant occur, the Contractor shall immediately proceed with measures to limit the further spread of contamination. Immediately following the initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This may include the National Response Center (1-800-424-8802) if a reportable quantity is released to the environment. Take actions to clean the spill at no cost to the Government. Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by the chemical manufacturer to protect the safety and health of the contaminated individual(s).

C. North Dakota Pollutant Discharge Elimination System Permit Coverage: The Contractor is responsible for obtaining all necessary permits to complete the work, including obtaining NPDES/NDPDES permit coverage. North Dakota General Permit No. NDR11-0000 is included as Attachment 3 for reference. Meet all permit conditions and maintain all erosion control measures. Supply copies of all permits and approved Notice of Intent applications to the Contracting Officer.

D. Payment: Procurement of all permits, compliance with permit requirements, compliance with applicable regulations shall be considered incidental to establishment and maintenance activities.

12. QUALITY CONTROL

A. General: The Contractor is responsible for all work necessary to ensure services are performed in accordance with the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor Quality Control (CQC) Manager shall ensure quality control of all project requirements and reporting to the PM in a timely manner. The CQC manager shall ensure that the work, including that of subcontractors and suppliers, complies with the requirements of the contract. For submittal requirements refer to Attachment 2, Deliverables Schedule.

B. Quality Control Plan: Submit for approval a Quality Control Plan (QCP) for all proposed work including Option 1. The Contractor’s QCP is the means by which the Contractor tracks compliance with the requirements of the contract. The Contracting Officer will review the QCP and list any needed clarifications, and return to the Contractor for response, if necessary. After acceptance of the QCP the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to the QCP. The Contractor’s QCP shall include the following at a minimum:

1. Inspection Plan: Include an inspection plan covering all services required by this contract.

Specify the areas and activities to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished and documented, and specify the title of the individual(s) who will perform the inspections.

2. Provide on-site records of all inspections conducted noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

3. Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

4. On-site records identifying the character, physical capabilities, certifications, and ongoing training of each employee performing services under this contract.

5. On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

C. Documentation: Maintain current records providing factual evidence that required quality control activities have been performed.

D. Reporting: Electronically submit to the Contracting Officer monthly activity reports detailing work. The monthly activity reports must be submitted with any invoices that are submitted.

Monthly activity reports are still required if an invoice is not submitted.

E. Inspections: The Contracting Officer will perform periodic inspections throughout the growing season. If the Contractor’s presence is required for these inspections, this will be coordinated by the Contracting Officer a minimum of 5 working days in advance of the inspection. The Contracting Officer will perform an inspection of the site prior to approving payment for any of the Performance Standards as defined in the Part 2 of this document.

The Contractor need not be present for these inspections.

F. Performance Evaluation Meeting:

1. The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting between the Contractor and Contracting Officer. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor and Contracting Officer will sign minutes of the meeting(s).

2. Should the Contractor not concur with the minutes, they shall state in writing to the Contracting Officer within ten calendar days any items of non-concurrence and explain the reasons. The Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Office will notify the Contractor of the decision in writing within ten calendar days.

G. Corrective Actions:

1. Standard practice, the Contracting Officer will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the Contracting Officer’s checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

2. If the Government created any of the discrepancies, these will not be counted against the Contractor’s performance.

3. When the Contractor is not providing satisfactory performance, a CDR will be issued to the Contractor.

4. When a CDR is issued for a service, the Contracting Officer may withhold payment until the work has been satisfactorily completed.

5. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued.

6. The Contracting Officer may issue a Cure Notice at any time he/she deems appropriate.

Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice may require a Show Cause letter to be issued, followed by consideration of termination of the contract.

H. Payment: Preparation of the Quality Control Plan shall be paid under CLIN 1001, Initial Contract Submittals. Payment for ongoing quality control measures, inspections, corrective actions, and the final acceptance process shall be considered incidental to planting and maintenance activities.

13. LIABILITY OF AND DAMAGES TO THE GOVERNMENT

A. Insurance: The Contractor will carry liability insurance that will cover the application of herbicides as defined in this specification. This coverage will include as a minimum drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $1,000,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the Contracting Officer within 10 business days after the contract award. The insurance must provide coverage for the entire contract period. The insurance policy shall state that it cannot be cancelled without 30 days written notice to the Contracting Officer. Failure to secure and maintain insurance may be grounds for termination during the performance period of this contract.

B. Government Liability: The Government assumes no liability from the Contractor’s performance of the contract work.

14. PAYMENT AND INVOICES

A. A draft invoice shall be emailed to the Contracting Officer prior to the original invoice submission. The Contracting Officer will inspect completed work as stated on the invoice and submit to the Contractor a confirmation notice or temporary denial of payment until work is completed. After the Contractor has received the approval by the Contracting Officer, the approved original invoice may then be submitted in accordance with FAR 52.232-25.

PART 2

SITE ACTIVITIES

1. EROSION CONTROL

A. Erosion Control Measures: Install and maintain erosion control measures in accordance with the approved NPDES permits.

B. Payment: Work associated with applying for and obtaining permits for this project shall be paid under CLIN 1001, Initial Contract Submittals. Payment for installation and maintenance of erosion control measures shall be considered incidental to establishment and maintenance activities.

2. SEEDING AND PLANTING:

A. Zones: Seeding and Planting Zones are listed below and shown in the plan set. Acreages listed below include a buffer, or overlap, between zones. Seed mixes are specified in the following paragraphs are included in Attachment 1. All seed mixes shall also include the cover crop listed in the seed mix. Notify the Contracting Officer 48 hours prior to beginning seeding.

1. Zone 1 – Mix of Mesic Prairie and Wet Prairie: Zone 1 shall consist of a 3:1 mixture of Mesic Prairie Seed Mix (35-241) and Wet Prairie Seed Mix (34-262); 3 parts Mesic Prairie to 1 part Wet Prairie. The 3:1 mix shall be planted at a rate of 31 lbs/ac. Add whorled milkweed (Asclepias verticillata) at a rate of 0.06 lbs/ac.

a. Base Contract: 105.3 acres

b. Option 1: 7.8 acres

2. Zone 2 – Wet Prairie: Wet Prairie Seed Mix (34-262). Note that seeding areas overlap, resulting in a seeding area larger than the project area. Add two to four high-value, early-blooming pollinator species. Added species can be selected by using the NATIVE SEED MIX DESIGN WORKSHEET. A link to the worksheet can be found at:

http://www.dot.state.mn.us/environment/erosion/vegetation.html. The added seed species to be included shall be submitted to the Contracting Officer for approval.

a. Base Contract: 46.6 acres

b. Option 1: 5.0 acres

3. Zone 3 – Wet Meadow: Wet Meadow Seed Mix (34-271). Add prairie cordgrass (Spartina pectinata) and seed at the rate recommended by the NATIVE SEED MIX

DESIGN WORKSHEET.

a. Base Contract: 80.9 acres

b. Option 1: 3.7 acres

4. Zone 4 – Marsh (emergent): Emergent Wetland Seed Mix (34-181).

1. Base Contract: 29.6 acres

2. Option 1: 1.0 acres http://www.dot.state.mn.us/environment/erosion/vegetation.html

5. Zone 5 – Marsh (submergent): Plant approximately 36 acres with early seral, native non-invasive spp. (i.e., Stuckenia pectinata, Polygonum species). Select submergent species and submit species to the Contracting Officer for approval.

1. Base Contract: 35.3 acres

2. Option 1: 0.9 acres

6. Zone 6 – Temporary Stockpile: Native Construction Seed Mix (32-241)

1. Base Contract: 7.4 Acres

B. Substitutions: Substitutions are acceptable based on availability and must use BWSR substitution list: https://bwsr.state.mn.us/sites/default/files/2021-02/seedmix-substitution.pdf.

Substitutions not included on the list must include justification. All substitutions shall be submitted to the Contracting Officer for approval.

C. Mulch:

1. Straw mulch shall be spread over all seeded areas immediately after seeding has been completed. All areas seeded on any given day must be mulched on that same day.

2. Straw mulch shall be free from weeds, mold, and other deleterious materials. Mulch shall meet the requirements of NDDOT 708 and consist of native hay or straw from cereal grain (i.e., oats, wheat) and shall be seed free to prevent introduction of weeds as defined by the rules and regulations of the North Dakota Department of Agriculture.

D. Water Control: The Contractor shall utilize pumps, ditch plugs, or other means to ensure that the water levels in the seeded areas are maintained at a level that is not detrimental to the seeding without causing any upstream or downstream impacts. The Contractor may use the existing, 8-inch, low-flow pipe through the weir embankment to facilitate site water control.

The pipe is designed to drain water from the site at a rate of approximately 1 inch per day.

E. Payment: Work associated with Seeding and Planting shall be paid under CLINs 1002 – 1004, and CLINS 6001 - 6002. Payment shall include provision and placement of all seed and plant material and mulch. Payment shall also include all work necessary to prepare the site for seeding and planting.

3. HYDROLOGIC MONITORING EQUIPMENT INSTALLATION

A. Monitoring Wells: Shallow groundwater monitoring wells shall be installed at the 8 locations shown on the plans. Guidance for well installation can be found at:

https://www.nrc.gov/docs/ML1327/ML13276A040.pdf.

B. Survey: Provide GPS coordinates of each monitoring well to the Contracting Officer.

C. Payment: Work associated with Hydrologic Monitoring Equipment Installation shall be paid under CLIN 1005.

4. MAINTENANCE AND MONITORING

A. Maintenance

1. In Zones 1-5, establish and maintain vegetation to achieve the Interim and Final Vegetation Performance Standards as defined in the following sections. Invasive species control may be managed through a combination of mowing, burning, disking, watering, mulching, or approved use of biocontrol and/or herbicide treatments.

a. Prepare a plan to prevent the spread of invasive species. The Contractor must also prevent the spread of invasive species based upon North Dakota Century Codes 4.1-https://bwsr.state.mn.us/sites/default/files/2021-02/seedmix-substitution.pdf https://www.nrc.gov/docs/ML1327/ML13276A040.pdf

47-02 and 36-26 which address aquatic, terrestrial, and vegetative invasive species.

The Contractor shall also prevent the spread of species identified in Identification and Control of Invasive and Troublesome Weeds in North Dakota by North Dakota State University, except for common milkweed.

(https://www.ag.ndsu.edu/publications/crops/identification-and-control-of-invasive-and-troublesome-weeds-in-north-dakota)

2. Zone 6 shall be maintained in a manner that establishes vegetative cover for 85 percent of the area in year 1 and is free of noxious weeds as defined in Identification and Control of Invasive and Troublesome Weeds in North Dakota by North Dakota State University, except for common milkweed. (https://www.ndsu.edu/agriculture/ag-hub/publications/identification-and-control-invasive-and-troublesome-weeds-north-dakota) The stockpile shall be free of erosion rills, washes, or other defects allowing for significant erosion.

3. Maintain unseeded areas within the project limits to be free of weeds, woody material, etc. for the duration of the project.

4. Removal of woody vegetation greater than 3-inches diameter at breast height must occur between November 1 and March 31.

5. Maintain erosion control measures as needed through removal and replacement, sediment removal, temporary seeding, grading, etc. to comply with all permit requirements.

6. Maintain hydrologic monitoring wells and gauges to provide accurate and precise water level data. Damaged equipment shall be promptly replaced with materials approved by the Contracting Officer.

B. Vegetation Monitoring

1. Post-planting monitoring shall be conducted annually in Zones 1 - 5 to determine the type, quantity, and quality of wetlands created as compensatory mitigation for the unavoidable impacts. The purpose of the monitoring is to provide information to determine if the site is successful in meeting its performance standards. The monitoring period for wetlands shall be five years. Post-planting monitoring shall be conducted for 1 year in Zone 6.

C. Hydrologic Monitoring

1. Hydrology shall be measured within each wetland type via staff gauges, which were installed in a previous contract, and monitoring wells, which will be installed as part of this contract. Staff gauges with cameras can be used to record water level readings.

2. Monitoring wells shall be installed, and data collection via data loggers begun as soon as frost is out of the ground. If this is not feasible, monitoring wells shall be installed, and data collection begun as early in the growing season as possible. The “growing season” for a particular monitoring year is determined in accordance with the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region.

D. Monitoring Reports

1. Submit annual monitoring reports for Zones 1 – 5, detailing the work completed within the growing season and outlining proposed methodology for the following year. Annual monitoring reports shall be concise and effectively provide the information necessary to assess the status of the compensatory mitigation project. Monitoring shall commence the first full growing season after completion of planting, approximately May 1. Monitoring reports shall be submitted in accordance with Attachment 2.

https://www.ag.ndsu.edu/publications/crops/identification-and-control-of-invasive-and-troublesome-weeds-in-north-dakota https://www.ag.ndsu.edu/publications/crops/identification-and-control-of-invasive-and-troublesome-weeds-in-north-dakota https://www.ndsu.edu/agriculture/ag-hub/publications/identification-and-control-invasive-and-troublesome-weeds-north-dakota https://www.ndsu.edu/agriculture/ag-hub/publications/identification-and-control-invasive-and-troublesome-weeds-north-dakota https://www.ndsu.edu/agriculture/ag-hub/publications/identification-and-control-invasive-and-troublesome-weeds-north-dakota

2. Monitoring reports shall contain the following information and any additional information necessary to evaluate the performance of the mitigation site:

a. Name of party responsible for conducting the monitoring and the date(s) the inspection was conducted;

b. A brief paragraph describing the mitigation acreage and wetland type authorized to compensate for the aquatic impacts;

c. Written description of the location of the compensatory mitigation project including information to locate the site perimeter(s), and coordinates of the mitigation site (expressed as latitude, longitudes, UTMs, state plane coordinate system, etc.);

d. Dates the compensatory mitigation project commenced and/or was completed;

e. Short statement on whether the performance standards are being met;

f. Summary data, including photo documentation, to substantiate the success and/or potential challenges associated with the compensatory mitigation project;

(1) Detail all work completed during the growing season, including seeding applications, erosion control measure installation and maintenance, hydrologic monitoring equipment installation and maintenance, invasive species control measures, etc.

(2) Define all plant species along with their percent cover, identified by meandering through each vegetative community, including buffer zones, and list commonly encountered – or dominant and co-dominant species observed. In addition, the presence, mapped location (via handheld GPS) and percent areal cover of invasive, noxious and/or non-native species in any of plant communities will be noted.

(3) Vegetation cover and wetland type maps at an appropriate scale will be submitted for each reported growing season.

(4) Photographs showing all representative areas of the mitigation site taken at least once each reported growing season during the period of June 1 to September

30. Photographs will be taken from a height of approximately five to six feet from at least one location per 10 acres. Photos will be taken from the same reference point and direction of view each reporting year. Location of the photographs shall be mapped on a GPS unit. Drone photos of the site are also required for each growing season.

(5) Surface water and groundwater elevations in representative areas. The location of each monitoring site will be shown on a plan view of the site.

(6) Document antecedent precipitation conditions.

(7) Pesticide Use Report, including pesticides used during previous growing season, rate of use, date applied, and locations applied.

(8) Documentation that all equipment was cleaned per the recommendations listed in this document:

https://files.dnr.state.mn.us/natural_resources/invasives/terrestrialplants/equipme nt_cleaning_to_minimize.pdf

g. Maps showing the location of the compensatory mitigation site relative to other landscape features, habitat types, locations of photographic reference points, https://files.dnr.state.mn.us/natural_resources/invasives/terrestrialplants/equipment_cleaning_to_minimize.pdf https://files.dnr.state.mn.us/natural_resources/invasives/terrestrialplants/equipment_cleaning_to_minimize.pdf transects, sampling data points, monitoring well locations, and/or other features pertinent to the mitigation plan;

h. A summary of the amounts and type of wetlands restored, enhanced, and created at the mitigation site identified by wetland plant community types based on Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed);

i. Dates of any corrective or maintenance activities conducted since the previous report submission;

j. Specific recommendations for any additional corrective or remedial actions;

k. If non-compliance activities are occurring on the site, the activity will be noted, photographed and mapped on a GPS unit. Best professional judgment would be used to determine if the activity is not in compliance with easement or mitigation site plan.

l. A plan detailing management activities to be completed the following growing season.

m. The final monitoring report shall also include a wetland delineation completed in accordance with the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (https://usace.contentdm.oclc.org/utils/getfile/collection/p266001coll1/id/7613).

E. Payment: Payment for annual maintenance and monitoring work shall be paid in two formats:

monthly establishment and maintenance invoicing and annual monitoring report approval.

1. The Contractor may invoice monthly for ongoing establishment and maintenance work.

Invoices shall consist of a uniform monthly rate, applied over the growing season (April through October). Monthly maintenance invoicing shall include, but not be limited to, all work, equipment, and labor necessary to complete annual maintenance activities, including invasive species control, reseeding, establishment monitoring, hydrology monitoring, surveying, mapping, erosion control maintenance, and site facility upkeep.

Payment for work occurring outside the growing season shall be included in the Establishment and Maintenance CLINs. Establishment and Maintenance invoices shall be accompanied by a brief description of work that has occurred since the previous invoice.

2. The Contractor may invoice annually upon approval of the Annual Monitoring Report.

Work included in this item shall include, but not be limited to, all labor, materials, and equipment necessary to develop an approved Annual Monitoring Plan as defined in the paragraph titled Monitoring Reports. Payment will be authorized when the Annual Monitoring Report has been approved in writing by the Contracting Officer.

5. PERFORMANCE STANDARDS

A. Definitions:

1. NNI: native, non-invasive plant species

2. InNN: invasive, non-native

3. Relative areal cover: the proportion (percentage) of the total absolute areal cover by an individual plant species, or group of plant species (i.e., hydrophytes), within a reference area or plot; sum of all proportions equals 100 percent

B. Zone 6: Zone 6 shall exhibit 85 percent vegetative cover in year 2 and shall be free of species identified as noxious weeds by the North Dakota Department of Agriculture.

https://usace.contentdm.oclc.org/utils/getfile/collection/p266001coll1/id/7613

C. Zones 1-5 Interim Vegetation Performance Standards: Interim Vegetation Standards, as defined in the table below, are intended to keep vegetation establishment on track to meet the Final Vegetation Standards as defined in the following section. Determine wetland types present based on hydrology and vegetation community present and use the corresponding performance standards. Determination of wetland type must be documented in the Monitoring Report. The Interim Vegetation Standards shall be met no later than year 3 for Interim Standard 1 and year 4 for interim standard 2. By year 3, any areas one-quarter acre in size or larger that have greater than 50 percent areal cover of InNN species must be treated (e.g., herbicide) and/or cleared (e.g., disked) and then reseeded. Follow-up control of invasive and/or non-native species shall be implemented as stated in the Maintenance and Monitoring section.

D. Zones 1-5 Final Vegetation Performance Standards: At the end of the performance period, the site shall reflect the conditions defined in the Final Vegetation Performance Standards based on wetland types identified in the final monitoring report wetland delineation. If Final Vegetation Performance Standards are met prior to year 5, the Contractor shall continue Establishment and Maintenance activities for the remainder of the performance period.

1. Mesic Prairie shall meet the following requirements:

a. Restored tallgrass prairie with a species composition that includes 15 or more species of NNI grasses, sedges, rushes, forbs and/or ferns.

b. Areal coverage of NNI species equal to or greater than 80 percent of the total buffer area by the end of year 5.

2. Wet Prairie and Wet Meadow: Fresh (wet) meadows, sedge meadows, wet prairies, and seasonally flooded plant communities (Type 1 and Type 2 wetlands) will be monitored separately and shall receive a score of “high quality” on the MnRAM vegetative diversity and integrity method or shall meet the following requirements:

a. Achieve a species composition that includes 10 or more species of NNI grasses, sedges, ferns, rushes and/or forbs by the end of year 5.

b. There shall be 60 percent relative areal cover by NNI species and less than 40 percent by InNN species by the end of year 5.

INTERIM VEGETATION PERFORMANCE STANDARDS

Mesic Prairie Wet Meadow & Wet Prairie Marsh

Performance Standard Interim 1 Interim 2 Interim 1 Interim 2 Interim 1 Interim 2

Relative Areal Cover by NNI Species versus InNN Species

≥50% NNI;

<50% InNN1

≥70% NNI;

<30% InNN2

≥25% NNI

<75% InNN1

≥50% NNI

<50% InNN2

≥25% NNI

<75% InNN1

≥40% NNI

<60% InNN2

Perennial Species Composition of NNI 8≥1 12≥1 ≥31 ≥62 ≥21 ≥42

Relative Areal Cover by Hydrophytes NA NA ≥25%1 ≥40%2 60% 70%

Maximum Allowance for Unvegetated Areas ≥5%/acre1 ≥2%/acre2 ≥5%/acre1 ≥2%/acre2 NA NA 1 For >1 consecutive growing seasons 2 For >2 growing season after Interim 1 is met

c. Relative areal cover by hydrophytes shall be greater than or equal to 50 percent.

3. Marsh (emergent and submergent): Shallow and deep marsh plant community types shall be combined. Marsh shall receive a score of “high quality” on the MnRAM vegetative diversity and integrity method or shall meet the following requirements:

a. Marsh plant community types with a species composition that includes 6 or more native OBL hydrophytes and any floating or submergent species by the end of year 5.

b. There shall be a minimum of 50 percent relative aerial cover by NNI species and less than 50 percent by InNN species by the end of year 5.

D. Wetland Hydrology Performance Standard

1. The minimum wetland hydrologic criteria for wetland hydrology is a water table less than or equal to 12 inches below ground surface for 14 or more consecutive days during the growing season with a 50 percent chance (or more) annual probability of occurrence.

2. Water levels at the staff gauges and monitoring wells shall be read and recorded. The frequency of water level readings shall be sufficient to determine whether performance standards are met.

3. Duration of monitoring hydrology at compensation sites must be completed until the performance standard has been met for 2 or more growing seasons within each wetland type.

6. SITE TURN-OVER

A. Zones 1-5: The Contractor shall work with the Contracting Officer to establish a mutually agreed upon time for a site walk-through in year 5. The walk-through shall occur early enough to correct any identified deficiencies. Following the site walk-through, if applicable, the Contracting Officer will provide a list of deficiencies and acceptable repairs. This may include, but is not limited to, disking and reseeding areas, localized herbicide treatment, etc.

When the Contracting Officer accepts all repairs, the site may be turned over to the Government. Turn-over will not occur prior to the end of the growing season in year 5. The Contractor shall continue maintenance activities until turn-over.

B. Zone 6: The Contractor shall work with the Contracting Officer to establish a mutually agreed upon time for a site walk-through of Zone 6 in year 1. The walk-through shall occur early enough to correct any identified deficiencies. Following the site walk-through, if applicable, the Contracting Officer will provide a list of deficiencies and acceptable repairs. This may include, but is not limited to, disking and reseeding areas, localized herbicide treatment, etc.

When the Contracting Officer accepts all repairs, the site may be turned over to the Government. Turn-over will not occur prior to the end of the growing season in year 1. The Contractor shall continue maintenance activities until turn-over.

35-241

Common Name Scientific Name Rate

(kg/ha) Rate

(lb/ac) % of Mix (% by wt)

Seeds/ sq ft big bluestem Andropogon gerardii 2.24 2.00 5.48% 7.35 side-oats grama Bouteloua curtipendula 1.79 1.60 4.39% 3.53 kalm's brome Bromus kalmii 0.56 0.50 1.37% 1.47 nodding wild rye Elymus canadensis 1.31 1.17 3.20% 2.23 slender wheatgrass Elymus trachycaulus 1.12 1.00 2.73% 2.53 switchgrass Panicum virgatum 0.07 0.06 0.17% 0.32 little bluestem Schizachyrium scoparium 1.79 1.60 4.39% 8.82

Indian grass Sorghastrum nutans 2.24 2.00 5.48% 8.82 prairie dropseed Sporobolus heterolepis 0.08 0.07 0.18% 0.39

Total Grasses 11.21 10.00 27.39% 35.46 blue giant hyssop Agastache foeniculum 0.07 0.06 0.15% 1.82 lead plant Amorpha canescens 0.07 0.06 0.15% 0.25 common milkweed Asclepias syriaca 0.04 0.04 0.10% 0.06 butterfly milkweed Asclepias tuberosa 0.04 0.04 0.10% 0.06

Canada milk vetch Astragalus canadensis 0.07 0.06 0.17% 0.39 white prairie clover Dalea candida 0.07 0.06 0.17% 0.44 purple prairie clover Dalea purpurea 0.21 0.19 0.51% 1.03

Canada tick trefoil Desmodium canadense 0.07 0.06 0.18% 0.13 stiff sunflower Helianthus pauciflorus 0.07 0.06 0.17% 0.09 ox-eye Heliopsis helianthoides 0.15 0.13 0.34% 0.29 rough blazing star Liatris aspera 0.03 0.03 0.08% 0.18 great blazing star Liatris pycnostachya 0.03 0.03 0.09% 0.13 wild bergamot Monarda fistulosa 0.07 0.06 0.17% 1.61 stiff goldenrod Oligoneuron rigidum 0.07 0.06 0.17% 0.94 black-eyed susan Rudbeckia hirta 0.35 0.31 0.86% 10.56 heath aster Symphyotrichum ericoides 0.03 0.03 0.09% 2.30 smooth aster Symphyotrichum laeve 0.07 0.06 0.17% 1.26 blue vervain Verbena hastata 0.04 0.04 0.12% 1.50 hoary vervain Verbena stricta 0.07 0.06 0.17% 0.64 golden alexanders Zizia aurea 0.07 0.06 0.15% 0.23

Total Forbs 1.68 1.50 4.11% 23.89

Oats Avena sativa 28.02 25.00 68.50% 11.14

Total Cover Crop 28.02 25.00 68.50% 11.14

Totals: 40.91 36.50 100.00% 70.49

Purpose: General mesic prairie mix for native roadsides, ecological restoration, or conservation program plantings.

Planting Area: Tallgrass Aspen Parklands, Prairie Parkland, and Eastern Broadleaf Forest Provinces. Mn/DOT Districts 2(west), 3B, 4, Metro, 6, 7 & 8.

Mesic Prairie General

Attachment 1 - Seed Mixes

34-262

Rate

(kg/ha) Rate

(lb/ac) % of Mix (% by wt)

Seeds/ sq ft big bluestem Andropogon gerardii 1.12 1.00 6.89% 3.67 fringed brome Bromus ciliatus 1.68 1.50 10.38% 6.08 bluejoint Calamagrostis canadensis 0.04 0.04 0.27% 4.00

Virginia wild rye Elymus virginicus 1.96 1.75 12.07% 2.70 tall manna grass Glyceria grandis 0.17 0.15 1.02% 3.80 fowl manna grass Glyceria striata 0.12 0.11 0.73% 3.50 switchgrass Panicum virgatum 0.84 0.75 5.16% 3.85 fowl bluegrass Poa palustris 0.22 0.20 1.39% 9.60

Indian grass Sorghastrum nutans 0.56 0.50 3.44% 2.20 prairie cordgrass Spartina pectinata 0.56 0.50 3.41% 1.20

Total Grasses 7.29 6.50 44.76% 40.60 wooly sedge Carex pellita 0.06 0.05 0.32% 0.47 tussock sedge Carex stricta 0.02 0.02 0.17% 0.48 fox sedge Carex vulpinoidea 0.11 0.10 0.66% 3.50 dark green bulrush Scirpus atrovirens 0.11 0.10 0.72% 17.74 woolgrass…