POLINATOR PLANTING

PERFORMANCE WORK STATEMENT (PWS) 2018 Pollinator/Native Grassland Habitat Planting USACE, Gavins Point Project 1.0 General Information. 1.1 Background. Environmental stewardship is an important mission on public lands managed by the Gavins Point Project. The planting is to provide for increased food and cover for grassland/prairie wildlife, reduce soil erosion, protect water quality, attract beneficial insects and other animals such as pollinators to the area. The Gavins Point Project is located approximately four (4) miles west and one (1) mile south of Yankton South Dakota in Cedar County, Nebraska. 1.2 Scope of Work. This is a non-personal services contract to provide native prairie pollinator planting services to successfully plant and establish a pollinator habitat area within the designated work units - a total of 8.3 acres +/-. Services include successful site preparation, acquiring/delivery on-site and seeding of a high-variety native prairie seed mixture, and planting of native seed within the designated area(s) to successfully establish the desired vegetation indicated. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government. This is a fixed priced, performance based service contract where the Government defines and measures desired outcomes, while contractor methods are generally not constrained or directed. 1.3 Period of Performance. The Contractor shall have from 01 September 2018 until 24 May 2019 to complete all services in accordance with contract specifications, after contract award. The time state for completion includes final cleanup of the premises and removal of all Contractor's equipment, materials and supplies. If adverse weather conditions or any other unforeseen circumstances prevent the completion of the contract work within the allotted time frame, the Contactor shall be required to document and submit in writing to the Contracting Officer a request for contract time extension which must document the cause(s) for the contracted work not being completed on time. Approval of any contract extension shall be at the discretion of the Contracting Officer. 1.4 Contractor Personnel. The Contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.1 Subcontracting. Employees who perform this work shall be qualified persons on the contractor's own payroll. 1.4.1 Subcontracting. The Contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor. 1.5 Quality Control. The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work stated in this PWS. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the standards contained herein. The contractor shall furnish the above written designation to the COR no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s). 1.6 Quality Assurance. The Government will use a Quality Assurance Surveillance Plan (QASP) to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods. 1.6.1 The Government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections in a manner that will not delay the work. 1.6.2 If any of the services do not conform to contract requirements, the Government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. 1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. The Contractor shall be required to re-perform services within 48-hours notification by the COR. 1.6.3 The Government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The Government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that related to the performance of such service or (2) terminate the contract in whole or in part 1.6.4 The Contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage. 1.6.5 Insurance and Incident Notification. The Contractor shall be fully insured against potential damages or liabilities as a result of the Contractor's operations under this contract. The Contractor is liable for any damage to Government property, to include damaging or killing of any non-target species as a result of the Contractor's operations. The Contractor is liable for any damage to any personal property, adjacent property and any non-target vegetation or crops as a result of the Contractor's operations. The Contractor shall immediately notify the COR in the event of any damage to Government or personal property on Government Property as a result of the Contractor's operations on the day the damage occurred or was discovered. 1.6.6 Environmental Protection. The Contractor shall perform all work in such a manner as to minimize the pollution of air, water, or land, and shall, within reasonable limits, control noise and proper disposal of all solid waste materials and other pollutants. The Contractor shall not pollute any lands, streams, lakes, rivers, or reservoirs with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides, or any other chemicals or harmful materials. The Contractor shall investigate and comply with all applicable federal, state and local laws and regulations in regards to pollution of water and land. 1.6.6.1 Spillage. Special measures and considerations shall be taken at all times by the Contractor to prevent pesticides and/or other chemicals and/or hazardous materials from entering public waters, that are not intended for or rated to be safe for aquatic applications as determined by the pesticide label and manufacturer's recommendations. If any spillage of pesticide, chemical or other potentially harmful substance shall occur as the result of the Contractor's operations, the Contractor shall be responsible for proper removal and disposal of the material and restore the area to the original condition prior to the spill. In case of spillage, the Contractor shall be required to remove or excavate the affected ground and soil, and replace with suitable fill material and restore the area to the original condition prior to the spill. 1.6.6.1.1 Notification in event of Chemical/Hazardous Materials Spill(s). The Contractor shall immediately notify the COR on the day of occurrence/observation of any chemical, fuels, oils, hazardous materials, or potentially damaging material spillage. In the event of a spill the Contractor shall immediately control the spill situation (prevent further spillage), contain the spill, and remove/clean the affected area as a result of the spill to the condition prior to the spill occurring. 1.6.6.2 Proper Disposal. Proper disposal of all materials, including chemicals/pesticides and chemical/pesticide containers, shall be the responsibility of the Contractor. The Government will not provide for disposal of contractor-furnished supplies and equipment, including chemicals, pesticides and other related materials. Disposal of any materials, including chemicals and pesticides shall be in compliance with all applicable Federal, State, and Local laws and regulations. Chemicals, pesticides, and their containers and related equipment and supplies shall not be disposed of on Government property, or in Government-provided dumpsters within project facilities and grounds. 1.6.6.2.1 Disposal of any materials, wastes, effluent, trash, chemicals, pesticides, oils, grease, or other foreign material(s) in areas adjacent to lakes, streams, rivers and other bodies of water is not permitted. If improper disposal by the Contractor occurs, the Contractor shall be responsible for proper removal of the material and restoration of the area, including affected soils, landform or waterways, to the condition prior to the spill/improper disposal. In case of improper disposal, the Contractor shall be required to remove or excavate the affected ground and soil, and replace with suitable fill material and restore the area to the original condition prior to the improper disposal. 1.6.6.3 Protection of Non-Target Species. The Contractor shall not damage, deface, injure, kill, or destroy any non-target plant or animal species as a result of the Contractor's operations. The Contractor is not permitted to perform any activities or operations at any time that would adversely affect any threatened or endangered species. 1.6.6.4 Protection of Fish and Wildlife. The Contractor shall at all times perform work and take necessary precautions to minimize disturbance or interference to fish and wildlife species. The Contractor shall not be permitted to alter water flows, or otherwise disturb, destroy or deface any native habitat that are critical to fish and wildlife. 1.6.6.5 Preventing Spread of Noxious Weeds/Invasive Species. In order to prevent the spread of noxious weeds and invasive plant species on project lands, the Contractor shall be required to clean all equipment prior to entering Government property. The Contractor's equipment and supplies shall have no visible soil, roots, seeds, vegetative material or any other material that could contain any seeds prior to entering Government property. The COR shall be permitted to inspect any and all Contractor's equipment, vehicles and related equipment for compliance with this requirement, and has the authorization to forbid the Contractor from entering Government property with his/her equipment until this requirement is met. 1.6.7 Protection of Cultural and Paleontological Resources. The Contractor shall immediately notify the COR in the event that any cultural resources, paleontological resources, human remains, and/or any other artifacts are discovered, disturbed, or otherwise found within the work units and the Contractor shall immediately stop all work activities within the work unit. The Contractor shall stop work and not proceed with work within the unit until the area has been cleared by USACE Cultural Resources Managers and/or USACE Archeologists and the restarting of work has been authorized by the COR. 1.6.8 Work Site Access and Parking. To minimize the impacts to land resources, public visitors and normal project operations, the Contractor shall limit the number of vehicles used to access the work sites. The number of vehicles, routes to work site, and parking of vehicles and equipment may be directed by the COR. Contractor-furnished vehicles and equipment shall be parked in a manner to avoid interference with normal work activities, agricultural activities, adjacent landowners, the recreating public, or municipal/government operations. 1.7 Hours of Operation. The contractor is responsible for conducting business, between the hours of 6:00A.M. and sunset, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. Work may be permitted outside of regular business hours with prior authorization from the COR. 1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR. 1.9. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the COR for review and approval: a. Activity Hazard Analysis (AHA); b. Abbreviated Accident Prevention Plan (APP) c. List of who will perform work on this contract d. Proof of Insurance for Contractors and Subcontractors e. Document listing of the proposed native seed species, to include quantities and percentages that meet the requirements of this contract. f. Photocopies of Commercial Pesticide Applicator Licenses for any personnel that will apply chemical pesticides/herbicides under this contract. 1.10 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following: a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670) b. Engineering Manual (EM) 385-1-1 (USACE - Safety and Health Requirements Manual), dated November 2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf c. Occupational Safety and Health Standards (29 CFR 1910); d. The Contractor shall comply with all pesticide application laws and regulations, including but not limited to all Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provisions, National Pollutant Discharge Elimination System (NPDES) regulations, chemical label guidelines and all manufacturer's recommendations; e. The Contractor shall comply with all applicable laws and regulations regarding the preservation of cultural resources that may exist within or near the designated work units under this contract. This includes but is not limited to: The Archaeological Resources Protection Act of 1979 (ARPA), The Native American Graves Protection and Repatriation Act (NAGPRA), and the Archeological and Historic Preservation Act (AHPA). 1.10.1 Activity Hazard Analysis (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2. Note: Contractors and other individual employer's typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE's AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing. 1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite. 1.11 Physical Security. The contractor shall be responsible for safeguarding all Government facilities, property, and materials provided for contractor use. The Contractor shall secure at all times all government facilities, property, and materials. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times, as applicable. 1.12 Antiterrorism/Operation Security Requirements. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes. 1.13 Payment 1.13.1 The Government will make payment within thirty (30) days upon completion of all services, after the Government has inspected and accepted the services, and the Government has reviewed, approved, and processed the contractor's invoice. The Contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice. 1.13.2 The contractor must provide the contractor's name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN. 2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS: Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service. Contracting Officer's Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise. Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement. Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS). Biodiversity: The diversity of all living things - plants, animals and microorganisms, as well as genetic material that makes up those organisms. At a higher level, biodiversity includes plant communities, ecosystems and landscapes of which the species are a part of. The concept of biodiversity includes both the variety of living things and the genetic variability found within and among them. Cultural Resources: Physical evidence or place of past human activity: site, object, landscape, structure; or a site, structure, landscape, object or natural feature of significance to a group of people traditionally associated with it. Cool-season grass: A type of grass that generally makes the major portion of its growth during the fall and early spring. These plants usually possess the C-3 photosynthetic pathway. Ecoregion: A geographic area that contains similar environmental characteristics such as climate, vegetation, soil type, and geology. Exotic plant: A plant introduced from other continents or other regions of North America; also referred to as a non-native plant, noxious plant, weed(s) or invasive plant in this agreement. This generally refers to plants not found in Nebraska or South Dakota at the time of Euroamerican settlement (CA 1850). Forb: Any herbaceous (non-woody) plant that is not a grass or sedge. The term forb is commonly used to describe the broad-leaved plants known as wildflowers. Grass: A plant in the Poaceae family, grasses have stems that are hollow except at the nodes and narrow alternate leaves borne in two ranks, the lower part of each leaf encloses the stem, forming a leaf-sheath. High-diversity restoration: The term diversity refers to the number of plant species seeded in a restoration. For purposes of this contract a high-diversity restoration is one in which a seed mixture of 35-75+ different native plant species are selected and planted. Local ecotype seed: This term refers to seed collected from native plants that grow near the restoration sites (typically within a 150-mile radius). Local ecotype seed will likely have genetics similar to plants growing on the site prior to Euroamerican settlement (CA 1850), and ensures the use of plants that are well-adapted to local climate and soil conditions of the restoration site. Native plant: A plant native to Nebraska and South Dakota, within Ecoregion 47, a plant species that was established at the time of Euroamerican settlement (CA 1850). Native prairie: A term ecologists often use to describe prairie restorations planted with native local-ecotype seed. This differs from remnant prairies - which have never been plowed, retain their natural soil profile and support native vegetation. Paleontological Resources: Fossils, the remains of prehistoric plants and/or animals that are important scientific and educational resources. Plant community: An assemblage of plants growing under similar environmental conditions, such as soils and climate. Examples of plant community types include tallgrass prairie and mixed-grass prairie. Pollinator: An animal that moves pollen from the male anther of a flower to the female stigma of a flower. This helps to bring about fertilization of the ovules in the flower by the male gametes from the pollen grains. Insect pollinators include bees (honey bees, bumblebees), pollen wasps, butterflies and moths. Vertebrate pollinators include hummingbirds, honeyeaters, and songbirds. Pollinator Planting: The planting of primarily native forbs (wildflowers) that are intended to attract pollinator species to the landscape in order to move pollen between varieties of plant species. Plantings of this type have a large variety of wildflowers that bloom throughout the spring, summer and fall seasons. Flower species selection should emphasize plants that provide pollen-rich and nectar-rich forage resources for bees and other flower-visiting insects throughout the growing season (late Spring, Summer, and early Fall). Important larval food plants for butterflies and moths should also be included. Sedge: A plant in the Cyperaceae family, which superficially resemble grasses and rushes. Features generally distinguishing sedges are stems with triangular cross-sections and leaves that are spirally arranged in three ranks, typically grasses in contrast have alternate leaves forming two ranks. Tall-grass prairie: The natural flora landscape, typical of most areas of Southeastern South Dakota and Northeastern Nebraska, typically supporting significant biodiversity. Typically these landscapes contain grasses that can average in height between 4-7', and are typically as a result of higher moisture/precipitation as opposed to a short-grass or mixed-grass prairie that would typically receive lower moisture/precipitation. U.S. Environmental Protection Agency (EPA): The federal agency that sets, manages and enforces pesticide/herbicide laws and regulations used on federally-managed lands; manages and enforces clean-water act, clean-air act, and other pollution-prevention laws, regulations and guidance that must be followed under this contract. Warm-season grass: A type of grass that makes most or all of its growth during the late spring to early fall period and is usually dormant other times of the year. These plants usually possess the C-4 photosynthetic pathway. Western Corn Belt Plains (Ecoregion 47): This Ecoregion is known for its high agricultural productivity due to its fertile soil, temperate climate, and adequate precipitation during the growing season. This ecoregion is relatively homogeneous topography of level to gently rolling glacial till plans with areas of moraine hills and loess deposits. Prior to Euroamerican settlement (CA 1850), most of this region was dominated by tall-grass prairie. Presently, most of the original tallgrass prairie in this ecoregion has been converted to intensive row crop agriculture of corn, soybeans, and feed grains to support livestock production, See Technical Exhibit 2. 3.0 Government Furnished Items and Services 3.1 General. The Government will not furnish any items for the performance of this contract, including but not limited to any supplies, equipment, labor, facilities, utilities, services, or storage. 4.0 Contractor Furnished Items and Responsibilities 4.1 General. The Contractor shall furnish all items for successful performance of this contract to include but not limited to all supplies, equipment, labor, facilities, and services required that are not listed under Section 3 of this PWS. 4.2 Materials and Supplies. The Contractor shall provide all materials to successfully complete the requirements of this contract, including but not limited to native prairie seed mixture (see paragraph 4.2.1), chemical pesticides/herbicides, licenses, applicable permits, insurance, fuel/oil/hydraulic fluid for equipment, any soil mixtures, fertilizers, soil-testing kits/devices, biodegradable soil erosion mats and stakes (see paragraph 4.2.2), etc. Only chemical pesticides/herbicides that are U.S. Environmental Protection Agency (US EPA)-registered and approved for use in the state of Nebraska shall be permitted to be used under this contract. Chemical pesticides/herbicides that are labeled as "Restricted-Use" are not permitted to be applied or used under this contract. 4.2.1 Native Seed Mixture. The Contractor shall furnish a native prairie seed mixture to include a variety of native grasses, forbs and sedges located within EPA-Ecoregion 47 and native plant species in Southeastern South Dakota and Northeastern Nebraska landscapes. Local-ecotype seed is preferred for each species. The mix shall be formulated to provide season-long pollen and nectar resources to support biodiversity on sunny mesic to slightly dry upland sites. The mixture shall be drought-tolerant as most of the areas contain well-drained soils. There shall be a minimum of thirty-five (35) different plant species including native grasses, forbs, and sedges. The seed mixture shall have a minimum of forty-five percent (45%) of the total content be forbs, a mixture of wildflowers of which bloom in spring, summer, and fall for a continuous nectar and pollen source for pollinator species. The mixture shall have a mixture of warm-season and cool-season native grasses. There shall be no more than forty-five percent (45%) of warm-season grasses in the total mixture. The mixture shall be certified weed-free, and not contain any noxious or invasive weed species. Percentages for this contract shall be based upon actual seed quantity (number of seeds/species) - not percentage of weight of the seed mixture. Seed shall be purchased on a pure live seed (PLS) basis, rather than a bulk pound purchase. 4.2.2 Erosion Matting for Unit 2 Planting. The Contractor shall provide suitable, erosion matting to hold all seed and soil in place after successful planting on the sloped area of work Unit 2. The erosion mat shall be staked/secured in order to hold the mat securely to the ground surface. The erosion mat shall be made of biodegradable materials, such that mechanical removal is not needed at a later date. The Contractor shall be required to furnish and use Curlex net-free erosion control fabric, or market equivalent. The Unit 2 area is approximately 54,450 +/- sq. feet in size. The Contractor shall cover the entire planted ground with erosion matting as specified. 4.3 Equipment. The Contractor shall provide all equipment to successfully complete the requirements of this contract, this may include but is not limited to motor vehicles such as a tractor and/or ATV, seed planting equipment, machinery for turf removal, chainsaws, handsaws, tree-stumping equipment, passenger vehicles (for transporting contractor personnel to and from site), water tanks (for watering and/or pesticide mixtures), pesticide containers, properly-calibrated pesticide application equipment, equipment/vehicles for tree removal/disposal, wood chippers, etc. 4.4 Commercial Pesticide Applicator License. All contractor personnel involved with the application of chemical pesticides/herbicides shall possess and maintain a valid state-issued Commercial Applicator License with the appropriate pesticide certification classification(s) during the period(s) of performance of this contract. 4.5 Storage. The Contractor shall be responsible for his or her own storage needs off project lands. No Contractor-furnished supplies, equipment, vehicles or any other materials may be stored by the contractor on Government property during non-business hours. The Contractor is responsible for all Contractor-furnished items, the Government cannot be held responsible for damage, vandalism, or theft of any Contractor-furnished items. 4.6 Transportation and Disposal of Vegetative Materials. The Contractor shall provide for transportation/hauling-method to a disposal/material placement s...