REQUEST FOR PROPOSALS- Invasive Plant Species Control. AGENCY: Saginaw Bay Resource, Conservation & Development Area, Inc.

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1 REQUEST FOR PROPOSALS- Invasive Plant Species Control AGENCY: Saginaw Bay Resource, Conservation & Development Area, Inc. P.O. Box 393 Standish, MI Office Hours: M-Th 8:00 a.m. to 2:30 p.m. Physical Address: 229 E. Cedar Street Standish, MI CONTACT: James Hergott, Executive Director Telephone: (989) DEADLINE: August 22 nd, 2016, 12 p.m. (noon) Quotes may include any or all portions of the identified treatment areas. Quotes may be delivered via , postal mail or hand delivered to agency above. Introduction: Saginaw Bay Resource, Conservation & Development Area, Inc. (SB-RCD) is seeking a qualified contractor or contractors to provide comprehensive invasive species control services for priority invasive plant species (see Appendix B) in 2016 at numerous sites within Arenac, Bay, Tuscola and Huron Counties, Michigan (see Appendix A). These sites contain infestations of invasive species that have been identified as priorities for treatment due to the threat to adjacent natural areas and other economic, environmental and social factors. Invasive species control is an integral component of habitat management within the above mentioned counties and part of a regional effort through the Saginaw Bay Cooperative Invasive Species Management Area (SB-CISMA). The objectives of the contracted services are to: 1. Work with SB-RC&D staff to schedule effective control treatments of invasive plant populations based on plant phenology or other factors and secure any necessary permits as required by law. 2. Safely implement effective control treatments for priority invasive plant species based on established best management practices for each species while following applicable laws and regulations. 3. Record work efforts and other data via digital and analog methods as required by law, SB-RCD and/or SB-CISMA reporting procedures.

2 Scope of work: Planning: o Contractor(s) selected for treatment efforts will work with RC&D staff to review a list of awarded sites, treatment schedule and preferred application methods. Where necessary, Aquatic Nuisance Control permits or National Pollution Discharge Elimination System permits may be required and must be procured in advance of any herbicide application. Permit application and management will be the responsibility of the RC&D. Contact with property owner to schedule treatments will also be the responsibility of RC&D and will occur no less than 24 hours prior to the treatment. Implementation: o The RC&D shall make known to the public its presence through signage, vehicle logos, uniforms, or some other means of identifying the ongoing work whenever workers are present on site. o o o Contractor(s) selected for treatment efforts will follow a pre-approved treatment that will provide optimal control (see appendix C). Applications of herbicide must follow all label instructions, must not exceed label rates and where required the application area must have informational signage. Herbicide may not be applied during wet weather conditions. The contractor is responsible for re-treatment if rain occurs within six (6) hours of a foliar treatment. To the best extent possible, overspray onto non-target vegetation and/or soil as well as runoff of the herbicide into the ground or water must not occur. Excessive overspray or non-target damage may be grounds to cancel contract. All treatments must be marked in the field. An appropriate marking dye shall be used with the herbicide. The awarded contractor will be expected to perform basic decontamination procedures to prevent the spread of invasives between work sites. State-listed endangered and threatened species occur in some treatment areas and are subject to the protection of Michigan Public Act 451 of 1994, Section 365, (Endangered Species Protection). All herbicide applicators working at these sites must be capable of identifying the applicable protected plants and the common native plants that could be confused with the target species. Protected plants and animals including bald eagle occur within the area and may be present at work sites. 80% + success rate is expected and will be monitored. Record keeping/ data entry: Reporting requirements must be routinely met and will be tied to payments. Reports will be submitted bi-monthly by the close of the first business day following the 1st day of the month and the first business day following the 15th of the month. Invoices may be submitted for review with the same frequency and payment will be made within 30 days of approval of invoice. Contractor will be responsible for all record keeping with regards to herbicide application and activity reporting for contracted efforts following a pre-approved format (see appendix D). Contractor may also be required to submit GIS data in digital format for dissemination by RC&D staff and for uploading to regional invasive species databases.

3 Submittals: Submit a preliminary work plan documenting (at minimum) anticipated crew size and equipment that will be present to complete the invasive species control, procedures and equipment used to record work efforts and any steps taken to monitor treatments for quality assurances. This step will help RC&D staff compare quotes and costs. Submit relevant company information as follows: o Business Name o Primary Contact and/or Signatory o Contact information (address, phone, fax, ) o Summary of Qualifications for company and/or relevant employees Submit a minimum of three references from previous invasive species control contracts (Contracting entity, contact person and contact information) Submit a copy of current workers compensation, general liability and automobile insurance certificates as well as a copy of current Pesticide Applicator s Business License. Note: if awarded contract, contractor must name RC&D and its employees additional insured. Evaluation of Quotes: Sealed quotes will be opened for review no sooner than August 22 nd, Saginaw Bay RC&D reserves the right to accept or reject any or all of the proposals. Decisions will be made no later than August 31 st, Quotes will be evaluated based on the following criteria: - Quote pricing for treatment implementation - Preliminary work plan - Ability to accurately record treatment data - References - Company Qualifications and Certifications Spraying may start immediately upon contract signing. Spraying will be complete prior to the first killing frost. Ownership of Documents and Data: All right, title, and interest, including without limitation copyright, in any reports, studies, photographs, software, drawings, designs, writings or other works or documents produced under this Contract, along with all drafts, versions and other material created in connection therewith (collectively the Works ), are works made for hire as defined under the copyright laws of the United States. To the extent that any Works are not works made for hire, the Contractor hereby unconditionally assigns to the SB-RC&D

4 Council and its successors and assigns all right, title and interest, including without limitation copyright and other intellectual property rights, in and to the Works. The Contractor further assigns to the SB- RC&D Council all rights in any supporting data and material to the extent not protected by copyright and to the extent assignable. Upon request from the SB-RC&D Council, the Contractor shall deliver to the Council (i) all tangible copies (including digital copies) of any Works, supporting data or material. The Contractor may use the Works, supporting data and material only with prior written approval of the SB- RC&D council, and any use shall include an acknowledgement that the material used is the property of the SB-RC&D Council. The Contractor warrants and covenants to the SB-RC&D Council that the Contractor shall not infringe the intellectual property rights of others in the performance of this Contract, and that the Works are original to Contractor and do not infringe the intellectual property rights of others. The Contractor shall indemnify and hold harmless the RC&D Council and its affiliates and representatives from and against all demands, claims, damages, losses and expenses, including attorneys fees, arising out of or resulting from any action by a third party against the RC&D Council or its affiliates or representatives relating to the Works, supporting data or materials. Indemnification and Release: Contractor agrees to defend, indemnify and hold harmless the Saginaw Bay Resource, Conservation and Development Council and all of its officers, employees and agents, from and against all damages, suits, actions, judgements, costs, charges, expenses, attorney fees, and consequences of any liabilities, of any nature, from events arising directly or indirectly out of performance of Contractor s employees or contract personnel under this Agreement. Further, RC&D Council shall have the right to offset against any payments owing to Contractor any such costs, expenses, liabilities, or other charges, and the exercise of such rights shall not be considered a default in the payment of any amount owed. SB-RC&D shall not be liable for injury or damage suffered by the Contractor or its employees or contract personnel arising out of the performance of any act of the Agreement. Contractor hereby releases SB- RC&D from any claims or demands that Contractor may have of whatsoever kind and nature in manner arising out of any matter or thing related to this Agreement. This project is supported in part by funds awarded to the Saginaw Bay Resource, Conservation & Development Council from the Michigan Invasive Species Grant Program through the Departments of Natural Resources, Environmental Quality, and Agriculture and Rural Development. The SB-RC&D Council is an equal opportunity employer and program provider.

5 Appendix A: Maps of phragmites treatment areas. A1) Arenac County Road Commission Sites (road right-of-ways) - Arenac County 20 acres +/-

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8 B1) Nayanquing Point- Bay County 30 acres +/-

9 T1) Wichert Site- Tuscola County 20 acres +/-

10 T2) Tuscola County Road Commission Sites- Tuscola County 28 miles +/-

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12 H1) Bay Shore Camp- Huron County 40 acres +/-

13 Appendix B: List of priority invasive species (Note: other species may be added where relevant) Common Name: Black Swallow-wort Scientific Name: Cynachum louiseae European Frog-bit Hydrocharis morsus-ranae Flowering Rush Butomus umbellatus Japanese Knotweed Polygonum cuspidatum Pale Swallow-wort Cyanchum rossicum Phragmites Phragmites australis

14 Appendix C: List of select treatment types and treatment descriptions. If alternative techniques are proposed please include those in work plan.

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16 Appendix D SB-RC&D Phragmites Project 2016 Phragmites Daily Herbicide Treatment Report Note: Complete a separate form for each treatment date (or if other changes need to be noted) Treatment Location: Date: Start Time: End Time: Name of Person (s) Applying Herbicide: Other Applicators: (Cert. No.): Company Name: Chemical Product Brand Name: EPA Product Registration Number: For Control of: Non-Native Phragmites Other Species: Rate of Application (ex. Lbs/acre, oz/acre): Treatment Area Size (acres): Adjuvant/Surfactant: Total Amount (gallons or lbs): Adjuvant Quantity (qts/100 gallons): Method of Application (circle all that apply): Backpack, Argo, Morooka, Boat, ATV, hand-swipe Other application method- please describe: Description of weather conditions during the treatment: wind speed, direction temperature during treatment, dew describe any rain events that occurred in close proximity to herbicide work Comment on the anticipated effectiveness of the work (circle): Good (70-100%) Fair (50-69%) Poor (<50%) Ineffective (0%) Description of problems/issues that were encountered during the project:

17 Appendix E- U.S. Government Laws and Regulations The contractor understands that this contract will be funded by U.S. government funding and that the contractor shall be responsible for ensuring that all work/travel is carried out in compliance with all pertinent regulations and laws including but not limited to those listed below. Contractor Lobbying: The Contractor agrees, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. Subcontractor Debarment and Suspensions: The Contractor certifies by signature on their bid that Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by ay U.S. Federal department or agency.

18 Equal Employment Opportunity: Contractor must comply with E.O , Equal Employment Opportunity as amended by E.O , Amending Executive Order Relating to Equal Employment Opportunity and as supplemented by regulations at 41 C.F.R. Part 60, Office of Federal Contract Compliance Programs, Equal employment Opportunity, Department of Labor. Copeland Anti-Kickback Act: Contractor shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.)