REQUEST FOR A STATEMENT OF QUALIFICATIONS (SOQ)

FOR

SOQ-KR-93632 REVEGETATION SERVICES

COLORADO SPRINGS UTILITIES WATER SERVICES DIVISION SOUTHERN DELIVERY SYSTEM

SOQ Publish Date: October 18, 2011

SOQ Due Date: November 16, 2011

TABLE OF CONTENTS

SECTION I – GENERAL INFORMATION ...... 1

1. Background ...... 1 2. Qualification Procedure ...... 1 3. Schedule of Events ...... 1 4. Project Description ...... 2 Table 1 – Summary of Pueblo County Work Packages…………………………..3

5. Project Scope ...... 4 6. Subsequent Solicitations ...... 7 7. Bonding and Insurance ...... 7 8. Summary ...... 7

SECTION II – SOQ SUBMITTAL REQUIREMENTS AND INSTRUCTIONS ...... 9

A. Submittal Requirements and Format ...... 9 B. Statement of Qualification Instructions: ...... 10

SECTION III – SOQ FORMS ...... 13

Form A – General Information Form ...... 13 Form B – Financial Information Form ...... 15 Form C – Qualifications Questionnaire ...... 17 Form D – Affidavits ...... 20 Affidavit for a Corporation ...... 20 Affidavit for a Partnership ...... 21 Affidavit for an Individual ...... 22 Form E – Intent To Respond ...... 23

ATTACHMENTS

Attachment 1 – Pueblo County Mitigation Appendix (C5 and C9) Attachment 2 – Native Revegetation Guide for Attachment 3 – Sample Work Area Revegetation Specification Attachment 4 – Sample Contract Attachment 5 – Aerial View of Southern Delivery System (pdf file)

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Section I – General Information

1. Background

The Southern Delivery System (SDS) is a regional project that will transport water from the Arkansas River to the City of Colorado Springs and upon completion will serve the City of Colorado Springs, City of Fountain, Security Water District, and the Pueblo West Metropolitan District. On behalf of the four SDS Participants, Colorado Springs Utilities (UTILITIES) has established a program management approach to the design, construction, and administration of the SDS Program. Phase 1 of the SDS Program includes the design and construction of approximately fifty-three (53) miles of sixty-six inch (66"), seventy-two inch (72"), and ninety inch (90”) underground raw water transmission pipeline and nine (9) miles of thirty-six inch (36”), forty-two inch (42"), and fifty-four inch (54") finished water transmission pipeline. Additional project components include water pump stations, electrical transmission facilities, construction staging areas and a 50 million gallon/day water treatment plant. More information regarding the comprehensive scope of the SDS Program is available online at http://sdswater.org. UTILITIES is issuing this Request for a Statement of Qualifications (SOQ) solicitation to evaluate and pre-qualify firms to provide revegetation services for the SDS Program. Refer to subsection four below for details regarding the regulatory requirements associated with the revegetation component of the SDS Program and the planned award strategy for work in El Paso and Pueblo Counties.

2. Qualification Procedure

Firms that are interested in submitting bids or proposals for any SDS revegetation work are required to pre-qualify pursuant to this SOQ solicitation. To pre-qualify, firms must meet the requirements stated in Form C, as well as complete and submit all required sections of this Request for SOQ (see Sections II and III). Selected firms may also be requested to participate in an interview to discuss project approaches and demonstrate capability to perform work. UTILITIES reserves the right to issue a future Request for SOQ and pre-qualify additional firms; however, until such time a future SOQ may be issued, only firms pre-qualified pursuant to this Request for SOQ will be eligible to participate in future solicitations for revegetation services for specified portions of the SDS Program.

3. Schedule of Events

Event Date SOQ Released to Prospective Respondents October 18, 2011 Pre-Submittal Conference (3 hours) November 1, 2011, 9:00 a.m. Last Questions Due from Respondents November 3, 2011 Intent to Respond Due (Form E) November 3, 2011 Due Date for SOQ November 16, 2011, 3:00 p.m. Notification of Pre-Qualified Firms December 20, 2011(approximately) First Solicitation Released to Pre-Qualified Firms February 2, 2012 (approximately)

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The pre-submittal conference is strongly recommended for any firm interested in submitting a response to this Request for SOQ. The pre-submittal conference shall be held on Tuesday, November 1, 2011, at 9:00 a.m. and will include a field visit to a portion of the pipeline easement. Firms attending the site visit are required to wear appropriate safety gear, including a hardhat, safety vest, appropriate footwear, and safety glasses, and provide their own four-wheel drive transportation, (limit one vehicle per firm). Location: UTILITIES’ Pueblo Field Office, 59 North Laser, Pueblo West, CO 81007.

4. Project Description

Phase 1 of the SDS Program includes the design and construction of over sixty (60) miles of underground raw water transmission pipeline and finished water transmission pipeline. Additional project components include water pump stations, electrical transmission facilities, construction staging areas and a 50 million gallon/day water treatment plant. Construction is subject to restrictions in a 1041 permit from Pueblo County and Approvals of Location and Site Development Plans from El Paso County.

The work packages associated with the SDS Program in Pueblo County require revegetation of the disturbed areas in accordance with the Pueblo County 1041 permit (Construction Mitigation Appendices C-5 and C-9); reference Attachment 1 for a copy of these appendices. The requirement is to reestablish within two (2) years or two (2) growing seasons whichever is longer ninety-percent (90%) of original cover the vegetation removed during the construction project.

Work packages in El Paso County must comply with Erosion Sediment and Stormwater Quality Control Plan (ESQCP) requirements and achieve re-establishment to ninety-percent (90%) of original pre-disturbance vegetation. It is anticipated that revegetation in El Paso County will be contracted by General Contractor(s) performing the pipeline construction; however, work will only be awarded to firms pre-qualified pursuant to this Request for SOQ.

Work is expected to be in general conformance with the Native Plant Revegetation Guide for Colorado (Caring for the Land series, Vol. III, October 1998) Part I., Upland communities in Eastern Plains and foothills region and other referenced subparts. The guide has been provided as Attachment 2.

Pursuant to a Fish and Wildlife Mitigation plan, approved by the Colorado Division of Wildlife, revegetation of work packages will be subject to various limiting conditions (such as specific seed mixes, geography, soil type, elevation, etc.) to be further specified by UTILITIES or other stakeholders.

A third party consultant, the Colorado Natural Heritage Program (CNHP), on behalf of UTILITIES, will determine pre-disturbance and post-construction re-established vegetation cover using the point- intercept survey method. UTILITIES will liaise with the regulatory agencies both to negotiate final site clearance to enable UTILITIES to obtain permit closure and determination that required percentage of vegetation coverage has been established following the required monitoring period.

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In addition to the 1041 permit (and ESQCP for work in El Paso County and City of Colorado Springs), work package revegetation efforts will be subject to the conditions of construction storm water management plans, easement agreements, regulations and agency inspections. Best Management Practices (BMPs) will need to be maintained until vegetation has re-established to a point where surface soils are stabilized.

UTILITIES reserves the right to modify the number or configuration of the work packages. Only firms pre-qualified pursuant to this Request for SOQ process will be eligible to receive and respond to the solicitation for revegetation services by work package. The location and general configuration of the SDS pipeline and associated facilities where anticipated revegetation work may occur is shown on Figure 1.

Revegetation contracts in Pueblo County will be awarded directly by UTILITIES. Summary information on work packages in Pueblo County is provided on Table 1. Revegetation contracts in El Paso County may be awarded through the General Contractor(s) holding construction contracts for pipeline work packages, or through UTILITIES.

UTILITIES reserves the right to include revegetation and/or landscaping services within the scope of construction contracts and to not use the services of pre-qualified firms.

Table 1: Summary of Pueblo County Work Packages Location Work Package Description Requirement Water Supply Approximately 4.3 miles of 90% of original vegetative pipeline with 100-150’ cover on approximately 92 Fountain Valley Pipeline S1 construction easement and acres (established within Authority 50’ (typical) permanent two (2) growing seasons) access easement* Approximately 6.4 miles of Pueblo West 90% of original vegetative pipeline with 100-150’ Metropolitan cover on approximately 103 Pipeline S2 construction easement and District or acres (established within 100’ (typical) permanent Fountain Valley two (2) growing seasons) access easement* Authority Approximately 7.6 miles of Fountain Valley 90% of original vegetative pipeline with 100-150’ Authority or cover on approximately 155 Pipeline S3 construction easement and Midway Ranches acres (established within 100’ (typical) permanent Property Owner two (2) growing seasons) access easement* Association Staging areas associated with individual Work Coverage requirement Staging Areas Packages will be included in dependent on county TBD the required revegetation (location) of work efforts. Areas associated with Pump Coverage requirement Pump Station Work Packages may dependent on county TBD Stations be included for revegetation (location) of work efforts.

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Electrical Areas associated with power Coverage requirement Substations / supply to SDS facilities may dependent on county TBD Easement be included for revegetation (location) of work Areas efforts. *Specific Work Package drawings showing actual easement widths will be available for reference and provided during individual Work Package revegetation solicitations.

5. Project Scope

UTILITIES will provide bid design documents (i.e., drawings, specifications), associated addenda, and a Statement of Work specific to each work package. An example revegetation specification is provided as Attachment 3. Firms shall use project specific information to plan, price, schedule, and complete revegetation of the entire work package. Work shall include seeding and monitoring growth over two (2) growing seasons. The timing of revegetation efforts on the SDS project is sensitive to both seasonal considerations and construction phasing. Coordination with UTILITIES and General Contractor(s) to address phased work package construction, on-going work, temporary soil stabilization, and BMP maintenance will be necessary. Coordination with Utilities will also be necessary for post-construction access to properties to manage revegetated areas and noxious weeds. A. In Pueblo County, revegetation of approximately eighteen (18) miles of pipeline construction easement will be required. This is comprised of three (3) work packages. Scope of work includes: 1. The area will be considered acceptable if the vegetative cover is not less than ninety- percent (90%) of the pre-construction vegetation cover with similar species diversity. 2. Use designated native plant species seed and appropriate broadcast method or seed drill to ensure proper planting. Seed mix and application rate for specific work packages will be included in the revegetation specifications. 3. Firm will be responsible for securing, transporting, and applying necessary irrigation water supply and meeting all conditions associated with any water use agreement(s). 4. Firm will be responsible for monitoring and possible mitigation (removal) of noxious weeds during the period of performance. 5. Post bond or provide other surety for the two (2) year guarantee period payable to UTILITIES in the amount of two thousand dollars ($2,000.00) per acre of land impacted by the project and re-vegetated. 6. Firm will be required to coordinate public relations on each job site with UTILITIES in a manner consistent with SDS Program standards. 7. Acquisition of all required environmental and other permits for the scope of work as required under contract general conditions and identified in the Appendix of the General Conditions. 8. Coordinate with UTILITIES and General Contractor to ensure revegetation activities begin after General Contractor completes soil stabilization activities and during acceptable planting/growing season(s). Revegetation may be phased to align with construction schedules and firm will be required to coordinate and accommodate construction access. Page 4 of 26 SOQ-KR-93632

9. It is anticipated the firm will obtain or be reassigned coverage of a Construction Stormwater permit and/or the General Contractor will transfer Storm Water Management Plan(s) and coordinate hand-off of BMP maintenance during revegetation. 10. Coordinate removal of BMPs and other work limit fencing at the completion of the scope of work. 11. As necessary, participate in coordination meetings with state, county, and other regulatory entities regarding revegetation efforts. Firm will be required to provide UTILITIES copies of any agency inspection reports or other documents related to specific condition evaluations and routine monitoring. B. In El Paso County, there is the potential that revegetation support will be requested for approximately twenty (20) miles of construction easement. This is comprised of multiple work packages and potential work scope includes: 1. The area will be considered acceptable if the vegetative cover is not less than ninety- percent (90%) of the pre-construction vegetation cover with similar species diversity. 2. Use designated native plant species seed and appropriate broadcast method or seed drill to ensure proper planting. Seed mix for specific work packages will be included in the revegetation specifications. 3. Secure, transport, and apply necessary irrigation water supply through agreement with General Contractor or other means. 4. Firm will be responsible for monitoring and possible mitigation (removal) of noxious weeds during the period of performance. 5. Post bond or provide other surety for the two (2) year guarantee period payable to UTILITIES in the amount of two thousand dollars ($2,000.00) per acre of land impacted by the project and re-vegetated. 6. Firm will be required to coordinate public relations on each job site with UTILITIES in a manner consistent with SDS Program standards. 7. Coordinate with UTILITIES to ensure revegetation activities begin after General Contractor completes soil stabilization activities and during acceptable planting/growing season(s). Revegetation may be phased to align with construction schedules and firm will be required to coordinate and accommodate construction access. 8. It is anticipated the firm will obtain or be reassigned coverage of a Construction Stormwater permit and the General Contractor will transfer Storm Water Management Plan(s) and coordinate hand-off of BMP maintenance during revegetation. 9. Coordinate removal of BMPs and other work limit fencing at the completion of the scope of work. 10. As necessary, participate in coordination meetings with state, county, and other regulatory entities regarding revegetation efforts. Firm will be required to provide UTILITIES copies of any agency inspection reports or other documents related to specific condition evaluations and routine monitoring.

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C. Project Management. Following award of work, firms will be required to provide continuous and effective project management throughout each project and use accepted project management practices to manage project scope, schedule and budget. Prior to starting work on revegetation project tasks, firms will: 1. Prepare a project schedule in a manner that key elements and associated milestones can be readily converted by UTILITIES SDS Project team for use by Primavera P6 Project Management version 7.0 or earlier. 2. Prepare and submit for acceptance a Project Execution Plan for the entire scope of work. The plan shall include at a minimum the following elements: i. Work Breakdown Structure, ii. Project Schedule (as defined above), iii. Communication procedures, iv. Records Management and Transmittal procedures, v. Health and Safety procedures, vi. Project Close-out procedures, vii. Assumptions or Scope Clarifications. 3. Submit monthly project reports. These reports shall include: i. Brief description of accomplishments for the current month, ii. Planned activities for the next month, iii. Schedule progress, including an updated project schedule, iv. Financial progress, including planned and actual expenditures by month, v. Any issues or concerns, including proposed solutions, vi. Site photographs (in digital format) with clearly labeled descriptions and GPS location coordinates included. 4. Submit copies of all project records to UTILITIES at the close of the project or as otherwise requested by UTILITIES. Records shall include, but not be limited to all; project correspondence, memoranda, reports, and sketches, drawings, specifications, photographs, or maps. D. Documentation Required. Firms will be required to provide copies of the following: 1. Certification tags off all seed mix bags. “Certified Weed Free Seed” blue tags or “Source Identified Seed” yellow tags will be required (no exceptions). 2. Copies of all following records shall be supplied monthly (as available): i. Agency inspections forms; ii. Correspondence with agencies; iii. Dates of any complaints, health or safety incidents and/or records of work outside of normal County specified work hours.

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3. Revegetation monitoring reports (described below). E. Monitoring Responsibilities: 1. Confirm with UTILITIES that there is a current and valid Right of Entry or other appropriate authorization for the work package(s) being monitored. 2. Firm will be expected to conduct monitoring of the results of permanent revegetation from the date of completion of initial seeding activities until the end of the second year and/or growing season (in Pueblo County). 3. Criterion for determining early seedling vitality will be to determine seedling density, checking that a minimum of four (4) seedlings of each of the seeded species have established per square foot of randomly selected monitored area(s). 4. Monitoring frequency shall be at a minimum of quarterly or three (3) month intervals. Firms may elect to increase monitoring frequency based on seasonal considerations. 5. Report of monitoring results shall be provided to UTILITIES at a minimum of quarterly. UTILITIES will require immediate notification of revegetation efforts that appear to be failing (e.g., no visible germination, physical wash out, other damage or impacts to successful re-establishment of vegetative cover). Firm will be responsible for re-seeding/BMP re-installation or other revegetation measures required.

6. Subsequent Solicitations

For subsequent solicitations, the pre-qualified firms will be provided a detailed statement of work, planned construction schedule, available topographic maps, and design drawings showing construction or other easements, staging areas and access locations. Color ortho-photography will range from 2.0 foot to 6.0 foot pixel resolution. Firms awarded revegetation work through subsequent solicitations will be wholly responsible for monitoring and ensuring the success (vitality) of the revegetation efforts for work packages they have completed and meeting the final cover requirement(s).

7. Bonding and Insurance

Please provide information on the specific bonding capacity of your firm. The successful firms will be required to provide copies of insurance certificates, including but not limited to, applicable professional, liability, and umbrella insurance policies. Firms awarded revegetation work will be required to meet bonding and insurance requirements identified in UTILITIES’ contract documents (reference Attachment 4).

8. Summary

Firms with revegetation expertise as described herein are hereby invited to submit a response to UTILITIES pursuant to this Request for SOQ. Responses shall include:

A. Narrative description of approach to revegetation efforts,

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B. Resumes for key staff who will be assigned to the project (including potential subcontractors), C. All forms provided in this Request for SOQ, D. All requirements identified in Section II of this Request for SOQ, E. Project descriptions to substantiate responses to questions on Form C, F. Bonding and insurance capacity. UTILITIES will review the submittals and pre-qualify firms to receive subsequent solicitations for the required revegetation of an SDS work package. UTILITIES’ evaluation, selection, and pre- qualification process will be based upon the submittal requirements described in the following Sections II and III.

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Section II – SOQ Submittal Requirements and Instructions

Every firm interested in submitting a bid or proposal on revegetation work for the SDS Program is required to complete and submit all of the stated requirements of this Request for SOQ, including but not limited to, the forms included in Section III. Only firms pre-qualified pursuant to this Request for SOQ will receive solicitation documents from UTILITIES or General Contractors and be allowed to submit bids or proposals for revegetation services for the SDS Program. UTILITIES will not consider bids or proposals for any future revegetation work for the SDS Program from any firm that has not completed this SOQ pre-qualification process.

A. Submittal Requirements and Format

Information provided pursuant to this Section must thoroughly substantiate the firm qualifications certified in Form C – Qualifications Questionnaire. SOQ submittals must include the following information and forms in the sequence outlined below. Submittals not addressing the stated requirements may be considered non-responsive: 1. Provide a brief history of the firm, including but not limited to, the following information: a) Years of experience the firm has in the type and size of revegetation work described in Table 1 (attached) in the capacity of 1) a prime firm and/or 2) a sub-consultant; b) Years the firm has been in business under the present business name; c) Any other names that the firm operates, has operated, or anticipates operating under, including the names of related companies presently doing business; and d) The firm’s organizational structure presented in a block schematic diagram. 2. Provide qualifications, client references, and resumes, including but not limited to, relevant experience, education, current position, primary duties, and years with the firm and/or subcontractors, for the person(s) holding the following (or similar) positions on the firm and/or subcontractors: a) Principal in Charge b) Project Manager c) Technical Lead(s) d) Quality Reviewer(s) 3. List similar water pipeline or other linear construction revegetation projects the firm and/or partnering team currently has under contract or has completed in the past. Provide the name and location, detailed description, scheduled or actual completion date, initial and final contract amounts, name and contact information for the owner and engineer, and a client reference for each project. 4. To qualify pursuant to this Request for SOQ, within the last eight (8) years the firm and/or subcontractors should have completed a minimum of two (2) individual revegetation projects for the installation of at least twenty-five hundred (2,500) linear feet (each project) of native plantings (reference Form C). At least one (1) project submitted Page 9 of 26 SOQ-KR-93632

for consideration shall have been performed in a semi-arid climate (e.g. Southern Colorado, Northern , and Southwestern United States). If unable to meet these qualifications, please describe project work that firm believes addresses similar experience. At a minimum, the information for each project shall contain: a) Name and location of the project, b) Name and contact information for the owner’s Project Manager or representative knowledgeable with the project, c) Detailed description of the project, d) Percentage of rural and urban site work, e) Original and final contract schedule for actual completion of work, f) Original and final contract value and final invoiced amount for work, g) Number and amount of change orders, h) Number of claims that resulted in litigation, and amount of settlement(s), i) Description of any non-compliance with applicable regulations within the last three (3) years. If firm is proposing as part of a team for the revegetation work, firm shall also provide all of the information specified in Section II.A.1 through IIA.4 for all subconsultants and/or subcontractors. 5. Complete and attach the following forms and information as required in Section III: Form A – General Information Form Form B – Financial Information Form Form C – Qualifications Questionnaire Form D – Affidavit Forms Form E – Intent to Respond Form (DUE: November 3, 2011) 6. Attach the firm’s latest financial audit statement (reference Form B for more information). 7. Attach a statement of the firm’s insurance coverage, including but not limited to, applicable professional, liability, and umbrella insurance policies.

B. Statement of Qualification Instructions:

1. SOQ submittals are due no later than 3:00 p.m., local time (MST) on November 16, 2011. Any SOQ received after this deadline will not be considered. UTILITIES shall notify and publically post a list of firms and subcontractors pre-qualified pursuant to this SOQ process on the Rocky Mountain e-Purchasing System (RMEPS) on approximately December 20, 2011.

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2. Respondents are required to submit one (1) original and six (6) bound copies of the SOQ submittal and one (1) electronic copy on a CD in Microsoft Office or Adobe PDF format. Submittals may be mailed or hand-delivered as follows: Hand or Overnight Delivery U.S. Mail Submittal for SOQ-KR-93632 – Submittal for SOQ-KR-93632 – Revegetation Services Revegetation Services Colorado Springs Utilities Colorado Springs Utilities Procurement and Contract Services Office Procurement and Contract Services Office 121 South Tejon Street, Suite 200 PO Box 1103, Mail Code 0920 Colorado Springs, CO 80903 Colorado Springs, CO 80947-0920

3. Each SOQ submittal must be sealed to provide confidentiality of the information prior to the submission date and time. The submittals shall be firmly wrapped and securely sealed, addressed to UTILITIES’ Procurement and Contract Services Office, clearly marked “Submittal for: SOQ-KR-93632 Revegetation Services.” UTILITIES is not responsible for premature opening of submittals not properly labeled. 4. SOQ submittals shall be a maximum of twenty (20) printed pages. The cover sheet, table of contents, divider sheets, one (1) page introductory letter, resumes, and the required forms in Section III do not count towards the twenty (20) page limit. 11" × 17" sheets folded to 8.5" × 11" size count as one page and may be used only for organizational charts, photos, and exhibits. UTILITIES reserves the right to accept or reject submittals that deviate from the submittal limitations. 5. Information submitted for the pre-qualification process shall become the sole property of UTILITIES and is subject to the Colorado Public (Open) Records Act. To the extent permitted by law, UTILITIES shall consider financial information confidential and will not present such financial information for review by outside parties. However, UTILITIES intends to contact the references provided in the submittals. By providing references, the firm agrees that it does not object to UTILITIES contacting the named individuals. 6. Selected firms may be asked to present project approaches and demonstrate capability to perform at scheduled interviews following the SOQ process. 7. Firms shall not submit a cost proposal or billing rates schedule with the SOQ submittal. 8. UTILITIES reserves the right to require the submission of additional information. 9. Firms will be approved for qualification on the basis of an evaluation of factors judged to be in the best interest of UTILITIES. These factors will include the firm's and subcontractor’s previous performance on work for UTILITIES, plus other factors as determined by UTILITIES, including but not limited to, overall experience of the firm, the experience of the personnel or subcontractors proposed for assignment to the project, references from owners of similar projects, financial condition of the firm, insurance capacity of the principal firm, dispute and litigation history, and other factors as determined by UTILITIES. 10. UTILITIES will not accept an SOQ or award a contract to any firm that is in arrears to UTILITIES upon any debt or contract, or that is in default, as surety or otherwise, upon Page 11 of 26 SOQ-KR-93632

any obligation to UTILITIES, or is deemed to be irresponsible, unsafe, or unreliable by UTILITIES. 11. In the event a firm challenges the decision made by UTILITIES and UTILITIES’ decision is upheld upon review by an appropriate review agency or court, the firm shall be liable for all costs and expenses incurred by UTILITIES, including attorney's fees related to this appeal process and the costs and expenses of associated delays in project completion. A firm's submittal of an SOQ shall indicate its approval of the foregoing provisions. In the event of any challenge regarding the selection process and decisions, exclusive venue and jurisdiction for any litigation arising hereunder shall be the District Court of El Paso County, Colorado. 12. Material misstatements on the qualification form may be grounds for rejection of the firm's SOQ submittal for this project. Any such misstatement, if discovered after award of a contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to UTILITIES for any additional costs or damages to UTILITIES resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. UTILITIES reserves the right to reject any or all SOQs, to waive irregularities therein in determining the firm’s qualifications, and to qualify only those firms that it deems are in the best interest of the UTILITIES. Firms shall agree that such rejection or decision, shall be without liability on the part of the UTILITIES or its program management firm for any damage or claim brought by any firm because of such rejections or decisions, nor shall the firm seek any recourse of any kind against the UTILITIES or its program management firm because of such rejections or decisions. The signing of an SOQ submittal shall constitute an agreement of the firm to these conditions. 13. Specific questions regarding this SOQ process shall be addressed to: Skip Henkel, Procurement and Contract Administrator SDS Program P.O. Box 1103, MC 920 Colorado Springs, CO 80947-0920 E-Mail: [email protected] Phone: (719) 668-3593

Mr. Henkel is the primary designated liaison between UTILITIES and the submitting firm. Any communication regarding SOQ-KR-93632 directed to UTILITIES’ employees or contracted personnel other than Mr. Henkel or UTILITIES’ Procurement and Contract Services personnel (as listed on UTILITIES’ website, www.csu.org) may result in rejection of the firm’s SOQ submittal.

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Section III – SOQ Forms

Form A – General Information Form

1. Company Information Company Name: By: Title: Telephone: Date: Fax:

Firm Doing Business as: Business Address:

Telephone Number: Indicate as Applicable: A Corporation Partnership An Individual Principal Office:

If a Corporation, Provide the Following Information: Date of Incorporation: State of Incorporation: Chief Executive Officer: President: Vice President: Secretary: Treasurer:

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If a Partnership, Provide the Following Information: Date of Organization: Indicate as Applicable: General Partnership Limited Partnership Name and Address of Each Partner:

If an Individual, Provide the Following Information: Name and Business Address:

2. Firm Management Identify all individuals and their position not previously named which exert a significant amount of business control over this firm:

3. Firm Structure and Performance Is the firm legally qualified to do business in Colorado according to C.R.S. §§ 7-9-101-19? Yes No How many persons are currently employed by this firm? Has the firm, or any officer or partner of the firm, ever failed to complete a contract either operating as this firm or any other firm? Yes No If yes, provide details regarding failed completion, including, but not limited to who was involved and when the event(s) occurred:

Are there any judgments, claims, arbitration proceedings, or lawsuits pending, outstanding, or threatened to which this firm, or an officer or partner in this firm, has been a party? Yes No If yes, describe: Page 14 of 26 SOQ-KR-93632

Form B – Financial Information Form

Has this firm, or an officer or partner of this firm, filed any lawsuits, or requested arbitration proceedings with regard to any work performed in the last five years? Yes No If yes, describe:

Firm shall provide financial information according to the most recently audited financial statement. A copy of the financial audit on the accountant's original forms, which are in substantial compliance with the American Institute of Certified Public Accountants Professional Standards, shall be attached to the firm’s submittal. 1. Financial Background What is the largest contract (name, owner, and dollar amount) that this firm has completed?

What is this firm’s current working capital? $ Has this firm, or any officer or partner thereof, been involved in a bankruptcy or reorganization proceeding? Yes No If yes, describe: In what other businesses does this firm actively participate?

List all companies or firms that own any part of this firm:

2. Financial Statement Certification The attached certified financial statement fairly represents the financial condition of:

No event or transaction has occurred from the date of the attached financial statement to the present that materially alters the firm's position or ability to complete contracts. The undersigned agrees to furnish additional information, if required.

By: Title: Date:

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I have examined the financial records of the above firm for the period ending and, in my opinion; the statements present fairly the financial position of at that date. In addition, I have no personal financial interest or affiliation with this firm, or individual.

Certified Public Accountant: Provide the name, address, and account manager with an accredited banking institution familiar with this firm's banking history. Bank Name: Account Manager: Address: Telephone:

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Form C – Qualifications Questionnaire

In order for a firm to be considered qualified for this project, the firm must certify that it meets or exceeds the following qualifications. Firms are required to provide a detailed description, pursuant to Section II, for each project that provides a basis for meeting or exceeding the following qualifications:

1. Firm or designees have completed revegetation on two (2) individual pipeline projects or other linear construction projects including the installation of twenty-five hundred (2,500) linear feet (each project), within the last eight (8) years, at least one of which incorporated use of drill seeding in which native plant species seed of diverse nature (i.e., fluffy, large smooth, and small smooth seed) was sown. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

2. Firm or designees have completed revegetation on two (2) individual pipeline projects or other linear construction projects including the installation of twenty-five hundred (2,500) linear feet (each project), within the last eight (8) years, at least one of which incorporated use of broadcast (i.e., hydro mulching) in which native plant species seed of diverse nature was sown. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

3. Firm or designees have completed revegetation on at least one (1) individual pipeline project or other linear construction project including the installation of twenty-five hundred (2,500) linear feet, within the last eight (8) years, in which native plant species seed of diverse nature was sown in a semi-arid climate such as that found in the Southwestern United States (e.g. Southern Colorado, Northern New Mexico). Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

4. Firm or designees have completed revegetation of disturbed area associated with one (1) individual pipeline or other linear construction project with a minimum of twenty-five hundred (2,500) linear feet adjacent to a public road right-of-way, within a public easement, and requiring

Page 17 of 26 SOQ-KR-93632

environmental permitting/controls that included coordination with another public utility or entity and a General Contractor. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

5. Firm or designees have experience working in environmentally or publicly sensitive areas and in managing work activities in residential and/or non-rural areas. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

6. Firm or designees have not been out of compliance with construction permits held for any jobs, or had any determinations of non-compliance, or been knowingly under investigation for environmental non-compliance in the last three (3) years. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

7. Firm or designees have worked under close government agency oversight regarding environmental concerns on one or more projects. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

8. Firm’s or designees’ qualifying projects were principally linear revegetation projects. (UTILITIES will consider large infrastructure projects with ancillary pipeline as a qualifying project.) Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

Page 18 of 26 SOQ-KR-93632

9. At least sixty-percent (60%) of the work for firm’s or designees’ qualifying revegetation projects have been performed by the firm’s or designee’s officers, managing partners, or employees. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

10. Firm’s or designees’ Project Manager and Project Technical Lead, as stated in Section II.A.2, have relevant experience in revegetation of linear projects in the state of Colorado. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

11. Firm or designees have formalized procedures for quality control, specifically including but not limited to, drill calibration, seeding depth control, and rates of mulch application. Yes, the firm meets this requirement. No, the firm does not meet this requirement.

If No, please explain:

I hereby certify that the submitting firm meets the requirements as stated above.

Authorized Signature Date

Authorized Agent (Print Name):

Page 19 of 26 SOQ-KR-93632

Form D – Affidavits

Firms shall execute and submit the following applicable affidavit. Affidavits that are not applicable to submitting firm shall be left blank.

Affidavit for a Corporation

State of

County of

being duly sworn hereby states the following:

He/she is of the corporation submitting the foregoing statement of experience and financial condition, that he/she has read the same, and that the same is true and correct.

Signature

Signed and sworn to before me this day of , 2011.

Notary Public

Address

My commission expires: (Note: Use full corporate name and attach corporate seal.)

Page 20 of 26 SOQ-KR-93632

Affidavit for a Partnership

State of

County of

being duly sworn hereby states the following:

He/she is of the corporation submitting the foregoing statement of experience and financial condition, that he/she has read the same, and that the same is true and correct.

Signature

Signed and sworn to before me this day of , 2011.

Notary Public

Address

My commission expires: (Note: Use full corporate name and attach corporate seal.)

Page 21 of 26 SOQ-KR-93632

Affidavit for an Individual

State of

County of

being duly sworn hereby states the following:

He/she is of the corporation submitting the foregoing statement of experience and financial condition, that he/she has read the same, and that the same is true and correct.

Signature

Signed and sworn to before me this day of , 2011.

Notary Public

Address

My commission expires: (Note: Use full corporate name and attach corporate seal.)

Page 22 of 26 SOQ-KR-93632

Form E – Intent To Respond

Please complete and return this form via email even if you do not intend to submit a response in regard to this solicitation. This form does not need to be included in your hard copy response.

This Intent to Respond Form must be received on or before November 3, 2011, and should be emailed to: [email protected]

COMPANY NAME: COMPANY ADDRESS: CITY, STATE, ZIP:

COMPANY Contacts assigned to this project initiative: Name/Title of Contacts Phone Number Email address

SOQ submittal statement of intent: Please place an “X” on the line in front of the applicable statement below:

Yes, we intend to respond to this solicitation directly to Colorado Springs Utilities

No, we do not intend to directly respond to or participate in this solicitation. Please provide a brief explanation as to why you will not directly respond or participate:

IN WITNESS WHEREOF, my signature below certifies that I am an authorized representative empowered to execute this form on behalf of:

COMPANY:

Signed: Name (Print): Title: Date:

Received: Date: Time:

Page 23 of 26 SOQ-KR-93632

Page 24 of 26 SOQ-KR-93632

SOQ-KR-93632 Attachment - 1 Pueblo County Mitigation Appendex (C5 and C 9)

1 of 6 SOQ-KR-93632 Attachment - 1 Pueblo County Mitigation Appendex (C5 and C 9)

2 of 6 SOQ-KR-93632 Attachment - 1 Pueblo County Mitigation Appendex (C5 and C 9)

12. Inspect site safety measures each work day and periodically during non-working days. 13. Provide 24/7 security services including mobile patrols, lighting and video surveillance.

C-4 Control of Access to Properties Applicant shall prevent unauthorized access to properties. PROJECT DETAIL

1. Work with property owners, both public and private, to understand the conditions of ingress and egress, security issues, property control and protection issues, regarding the property, prior to mobilization to a specific work area.

2. Establish mutually agreeable conditions of access with property owner, and require all personnel accessing the site to sign a statement indicating that they understand and will abide by the conditions of access.

3. Grant access to enter the property only to those individuals that have a legitimate SDS related need to access the property, and then shall only do so under the previously agreed access conditions.

4. Provide signs at gates and access points notifying individuals that specific conditions of entry exist.

5. Close and secure gates and entry points by a locking mechanism when not in use. Conditions of entry will specify approved access times and conditions on open gates.

6. Strictly control access to keys to entry point locks. Recipients of keys will be required to sign when receiving the key, and again when returning the key. Recipients will be required to advise the Site Health & Safety Officer when they have lost or misplaced a key. Keys will be required to be of a non-duplicating type. Locks and keys will be changed when a key is reported lost or misplaced.

7. Designate the Site Health and Safety Officer to monitor the access control system.

C-5 Pre-existing Condition Assessment Applicant shall determine the condition of Pueblo County residents’ existing property so that it can be restored to preconstruction condition or better. PROJECT DETAIL

1. Perform an examination of pre-construction existing conditions of land surface, drainage, vegetation and structures adjacent to the construction site that could be damaged or altered by construction operations. The property owner will be invited to attend.

2. Perform periodic reexaminations, if required, to document any changes, including, but not limited to, cracks in structures, settlement, leakage, and similar conditions.

03/10/2009 Page 9 of 28 3 of 6 SOQ-KR-93632 Attachment - 1 Pueblo County Mitigation Appendex (C5 and C 9)

Examinations may include photography, sampling and expert assessments of existing or current conditions.

3. Document examinations in writing, and by photographs and audio-video recordings. Photography shall be by a professional commercial photographer, experienced in shooting interior/exterior construction photos, in daylight and nighttime conditions, and in good and inclement weather.

4. Provide a copy of documentation to property owner for review and acceptance. A copy of the documentation shall be provided to the County. Applicant and the County shall each maintain a copy of the documentation. Such documentation shall be used as indisputable evidence in ascertaining whether and to what extent damage occurred as a result of Applicant’s operations.

C-6 Work Hours Applicant shall limit work hours to minimize disturbance to Pueblo County residents. PROJECT DETAIL 1. Perform work within the hours of 7:00 am to 6:00 pm Monday through Friday. Work outside of these hours will be restricted to maintenance of traffic, safety, and construction controls, maintenance of construction equipment, and approved exceptions. Pueblo County and residences within 500 feet of the affected portion of the work site shall be notified 48 hours in advance of work outside of these hours, other than maintenance or emergency work.

C-7 Permitting Applicant shall obtain all applicable permits. PROJECT DETAIL

1. Obtain permits and comply with permit conditions and applicable regulations. Permits may include those listed below and in Section C, Table C-1 of the 1041 Application, as well as other permits that may be required under Federal, State, County, or local regulatory jurisdiction.

• Bureau of Reclamation o Execution of Contracts (Reclamation Project Act 43 CFR 427) o Record of Decision (ROD) • U.S. Fish and Wildlife Service o Depredation Permit o Section 7 Consultation (Endangered Species Act 50 CFR 402) • U.S. Army Corps of Engineers o 404 Permit (Clean Water Act 33 CFR 320) • Colorado Department of Transportation (CDOT)

03/10/2009 Page 10 of 28 4 of 6 SOQ-KR-93632 Attachment - 1 Pueblo County Mitigation Appendex (C5 and C 9)

ground and surface water control facilities including, but not limited to: equipment, methods, standby equipment and power supply, pollution control facilities, discharge locations, and provisions for temporary water supply; drawings showing locations, dimensions, and relationships of elements of each system; design calculations demonstrating accuracy of proposed dewatering system and components. Copies of plan will be provided to Pueblo County within 60 days of approval by CDPHE.

3. Control water during the course of construction, including weekends and holidays and during periods of work stoppages. Adequate backup systems shall be in place to maintain control of water.

4. Remove surface water controls when they are no longer needed.

5. Furnish, operate and maintain dewatering systems of sufficient size and capacity to continuously maintain excavations free of water, regardless of source, until backfilled to final grade.

6. Design and operate dewatering systems to prevent loss of soil as water is removed, to avoid inducing settlement or damage to existing facilities, completed work, or adjacent property, and to relieve artesian pressures and resultant uplift of excavation bottom.

7. Be responsible to obtain and comply with the requirements set forth in any applicable well permits required by the State.

C-9 Site Restoration

Applicant shall provide Pueblo County residents with replacement vegetation and property to match pre-construction conditions or better.

PROJECT DETAIL

1. Grade disturbed areas to preconstruction contours so preconstruction drainage paths are reestablished.

2. Reclaim disturbed land, except water areas and surface areas of roads, by seeding or planting to achieve a permanent vegetation cover as specified below. a. In accordance with Construction Condition C-5, a pre-construction evaluation of existing vegetation will be conducted to determine species diversity, woody plant density, and seasonal variety. b. Vegetation cover will be of the same seasonal variety native to the area of disturbed land, or species that support the post-construction land use. In those areas of disturbed vegetation where such seeds are not commercially available, seeds will be collected on-site to be used in revegetation, including, rare identified in the FEIS, by the Colorado Natural Heritage Program or by other qualified investigators. c. Seeding and planting of disturbed areas will be conducted during the first normal

03/10/2009 Page 12 of 28 5 of 6 SOQ-KR-93632 Attachment - 1 Pueblo County Mitigation Appendex (C5 and C 9)

period for favorable planting conditions after final preparation for seeding or planting. d. Soil stabilization practices will be used on all regraded and topsoiled areas. e. The revegetated area will be considered acceptable if the revegetated area cover is not less than 90 percent of the pre-construction vegetation cover with similar species diversity. The pipeline access road will not be included in the 90 percent coverage calculation. 3. Restore roads and driveways so that:

a. Surfaces are finished level with existing surfaces.

b. Sealed roadways are finished to match existing seal (asphalt, spray seal, etc).

c. Unsealed roadways are to be finished to match existing surface. Concrete roadways/driveways shall be reinstated in such a manner as to match existing surface. Portions of slab damaged or rendered unstable by undermining (whether inadvertently or deliberately) should be included in the portion to be restored.

4. Restore damaged or injured property including outbuildings, to a condition similar or better to that existing before the damage or injury occurred, by repairing, rebuilding, or restoring the property.

5. Restore or replace fences and gates that are disturbed during construction.

6. Provide Pueblo County a security bond equal to $2,000 per acre of land in permanent or temporary construction easement in each work package. The security bond shall be released in full to the Applicant two years following the final completion of the construction contract, upon successful revegetation, as described above. If successful revegetation is not achieved, the security bond will be forfeited in the amount of $2,000 for each acre, or fraction of an acre, that has not been successfully revegetated.

C-10 Public Communications Applicant shall keep Pueblo County residents informed of the SDS project and upcoming construction activities.

03/10/2009 Page 13 of 28 6 of 6 SOQ-KR-93632 Attachment -2

        

      



                SOQ-KR-93632 Table Of Contents iii Attachment -2    

ACKNOWLEDGMENTS ...... vii

INTRODUCTION...... 1 What Are “Native” Species? ...... 1 Objective and Scope of this Guide...... 3 Before You Begin ...... 4 How To Use This Guide...... 5 Plant Names ...... 6 PLANT BASICS...... 7 Life Cycles ...... 8 Growth Forms ...... 8 Reproductive Strategies...... 9 Seasonal Growth ...... 9 NATURAL COMMUNITIES ...... 11

FLORISTIC REGIONS OF COLORADO ...... 13

PART I: UPLAND COMMUNITIES ...... 15

EASTERN PLAINS AND FOOTHILLS REGION...... 15 GRASSLANDS...... 17 Short-grass Prairie...... 18 Mid-grass Prairie...... 20 Tall-grass Prairie ...... 21 Foothills Grassland...... 22 SHRUBLANDS...... 23 Saline Bottomland Shrublands...... 24 Sand Sagebrush Prairie...... 25 Mixed Foothills Shrubland...... 27 WOODLANDS ...... 28 Piñon Pine-Juniper Woodlands ...... 29 Ponderosa Pine woodland and Savanna ...... 31 ROCKY MOUNTAIN REGION ...... 33 GRASSLANDS...... 35 Montane and Subalpine Grasslands ...... 36 SHRUBLANDS ...... 38 Sagebrush Shrublands ...... 39 WOODLANDS ...... 42 FORESTS ...... 44 Douglas-fir Forests...... 45 Lodgepole Pine Forests ...... 47 Aspen Forests...... 48 Engelmann Spruce - Subalpine Fir Forests ...... 49 ALPINE TUNDRA ...... 50 Alpine Meadows ...... 51 SOQ-KR-93632 Table Of Contents iv Attachment -2

WESTERN PLATEAU AND CANYON REGION ...... 53 GRASSLANDS...... 55 SHRUBLANDS...... 57 Mat Saltbush Shrublands...... 58 Saline Bottomland Shrublands...... 58 Sagebrush Shrublands ...... 60 Mixed Mountain Shrubland ...... 62 WOODLANDS ...... 63 Piñon Pine-Juniper Woodland...... 64 Pine Woodlands ...... 65 REVEGETATION TECHNIQUES...... 67 STEP 1: PLANNING YOUR PROJECT ...... 67 STEP 2: SOIL CHARACTERIZATION...... 69 Soil Texture...... 69 Soil Chemistry...... 72 Soil Structure...... 73 STEP 3: SITE PREPARATION...... 75 Topsoil Salvage...... 75 Development of Substitute Soil...... 76 Seedbed Preparation...... 77 Soil Amendments...... 78 STEP 4: SEEDING AND PLANTING ...... 81 SEEDING ...... 81 Collecting Seed...... 82 Purchasing Seed ...... 83 Testing Seed ...... 87 Seeding Techniques...... 89 Post Seeding Techniques...... 91 PLANTING...... 95 Plant Materials...... 95 Planting Techniques ...... 100 STEP 5: MONITORING & STEWARDSHIP ...... 103 MONITORING ...... 103 Potential Problems ...... 103 Techniques and Frequency...... 104 Assessment of Problems and Stewardship Activities...... 104 STEWARDSHIP...... 105 Developing a Stewardship Plan...... 105 Techniques ...... 105 WEED MANAGEMENT ...... 107 INTEGRATED WEED MANAGEMENT ...... 107 PREVENTION...... 108 ERADICATION ...... 109 CONTROL...... 109 Biological Control...... 109 Chemical Control ...... 110 Cultural Control ...... 110 Mechanical Control...... 110 PART II: WETLAND & RIPARIAN HABITATS...... 111

INTRODUCTION...... 111 HOW TO USE THIS SECTION...... 111 WETLAND AND RIPARIAN DEFINED ...... 113 SOQ-KR-93632 Table Of Contents v Attachment -2 Wetland ...... 113 Riparian...... 113 FUNCTIONS OF WETLANDS AND RIPARIAN COMMUNITIES...... 114 IMPORTANT POLICIES AND REGULATIONS ...... 115 Federal...... 115 State...... 115 County & Local...... 116 WETLAND DELINEATION...... 116 Diagnostic Characteristics of Wetlands ...... 117 Technical Approach: Delineation of Wetlands ...... 118 WETLAND AND RIPARIAN COMMUNITIES IN COLORADO...... 119

EASTERN PLAINS AND FOOTHILLS REGION...... 121 WETLANDS ...... 121 Marshes ...... 121 Playas ...... 122 Meadows ...... 123 RIPARIAN COMMUNITIES...... 126 Cottonwood/Willow Shrublands and Forests...... 126 ROCKY MOUNTAIN REGION ...... 130 WETLANDS ...... 130 Marshes ...... 131 Playas ...... 131 Meadows ...... 133 Fens ...... 135 RIPARIAN COMMUNITIES...... 139 Willow Carrs ...... 140 Riparian Forests ...... 142 Alpine Riparian Communities...... 144 WESTERN PLATEAU AND CANYON REGION ...... 145 WETLANDS ...... 145 Marshes ...... 145 Meadows ...... 147 RIPARIAN COMMUNITIES...... 150 Cottonwood/Willow Forests ...... 150 WETLAND REVEGETATION TECHNIQUES...... 153 STEP 1: PLANNING YOUR PROJECT ...... 154 STEP 2: SITE SELECTION...... 155 Site Assessment Considerations...... 155 STEP 3: DEVELOPING A SITE SPECIFIC PLAN ...... 159 Setting Your Goals: Creation, Restoration or Enhancement...... 159 The Conceptual Wetland Plan...... 160 Final Wetland Construction Plans...... 162 STEP 4: SEEDING AND PLANTING ...... 173 Wetland and Riparian Seeding...... 173 General Considerations for Planting ...... 174 Plant Materials and Techniques ...... 174 Acceptability of Plant Materials...... 183 Comparison of Plant Materials...... 183 Field Collection of Plant Materials ...... 184 Fertilizer and Other Soil Amendments...... 187 STEP 5: MONITORING AND STEWARDSHIP ...... 187 REFERENCES AND SUGGESTED READING...... 189 SOQ-KR-93632 Table Of Contents vi Attachment -2 APPENDIX I: UPLAND PLANT CHARACTERISTICS ...... 197 GRAMINOIDS ...... 197 FORBS ...... 205 TREES AND SHRUBS...... 213 APPENDIX II: CHARACTERISTICS OF WETLAND & RIPARIAN SPECIES...... 223

APPENDIX III: WEED LISTS...... 227 COLORADO PROHIBITED NOXIOUS WEED SEEDS...... 227 COLORADO RESTRICTED NOXIOUS WEED SEEDS ...... 228 PLANTS TO AVOID ...... 229 APPENDIX IV: MANAGING COMMON AND AGGRESSIVE WEEDS ...... 235 FORBS ...... 235 GRASSES...... 239 TREES/SHRUBS ...... 239 APPENDIX V: REGIONAL VENDORS OF PLANT MATERIALS ...... 241

APPENDIX VI: EROSION CONTROL PRODUCTS AND SUPPLIERS ...... 253

APPENDIX VII: FEDERAL AGENCY CONTACTS ...... 255

APPENDIX VIII: INDEX OF PLANT LISTS AND TABLES...... 257 UPLAND PLANT FINDERS...... 257 WETLAND & RIPARIAN PLANT FINDERS...... 257 OTHER TABLES...... 258 SOQ-KR-93632 Acknowledgments Attachment -2 vii    !

This guide is the result of several years work by a large number of dedicated natural resource professionals. These people and the agencies that have supported them in the development of this guide represent a variety of approaches to the protection of natural values in Colorado and beyond. The Colorado Natural Areas Program extends its appreciation to all who have contributed to the guide; we appreciate your help.

The Colorado Natural Areas Program would like to specifically acknowledge the following contributors, and to apologize in advance if any have been inadvertently omitted.

This guide is dedicated to Jim Von Loh. Jim conceived of this guide while he was the Director of the Colorado Natural Areas Program. We wish to recognize and thank Jim for: • his vision about the importance and usefulness of this guide • his technical knowledge firmly based in experience throughout the state, • his competence which provided leadership for the project's many cooperators, and • his willingness to place an emphasis on the use of native plants in revegetation projects.

Rex A. Seiple and Dina Clark laid the groundwork for this document by soliciting input and staffing workshops. They assembled the preliminary drafts of the guide. Rex Seiple deserves special credit for pulling together many, many comments and writing the first drafts. Subsequent work was provided by staff of the Colorado Natural Areas Program: Kathy Carsey, Janet Coles, Karin Decker, and Mark Gershman.

The document has undergone rigorous review, however some errors may have gone undetected. The Colorado Natural Areas Program assumes responsibility for these (but please let us know so that we can correct future editions).

Base funding for the development of this guide was provided by: The Colorado Natural Areas Program

Funding for publication and distribution was provided by:

The National Fish and Wildlife Foundation The United States Bureau of Land Management

Truax Company, Inc., Minneapolis, Colorado State Forest Service, Fort Collins, Colorado Sharp Brothers Seed Company, Inc., Greeley, Colorado James Trammell, Littleton, Colorado Dr. Ruth L. Willey, Gunnison, Colorado

The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government or the State of Colorado. SOQ-KR-93632 Acknowledgments Attachment -2 viii We would like to thank the following contributing writers who invested many hours of their valuable time preparing sections of the guide.

David Buckner ESCO Associates, Inc. 1077 South Cherryvale Rd. Boulder, CO 80303 Claire DeLeo Boulder County Parks and Open Space P.O. Box 471 Boulder, CO 80306

Grant Gurneé Aquatic and Wetland Company 1830 17th Street, Suite 100 Boulder, CO 80302

Cathy Halm Colorado Department of Transportation 4201 E. Arkansas Ave. Denver, CO 80222

Don Hijar Pawnee Buttes Seed Inc. P.O. Box 1604 605 25th Street Greeley, CO 80632

Eric Lane Colorado State Dept. of Agriculture Division of Plant Industry 700 Kipling St., Suite 4000 Lakewood, CO 80215-5894

Denise Larson ERO Resources 1846 Clarkson Denver, CO 80218

Randy Mandel Rocky Mountain Native Plants Co. 3780 Silt Mesa Road Rifle, CO 81650 970-625-3276 fax [email protected]

Cindy Owsley Boulder County Weed District P.O. Box 471 Boulder, CO 80306

Ed Spence

Jim Von Loh SOQ-KR-93632 Acknowledgments Attachment -2 ix Thanks also to all those who contributed by attending meetings, participating in working groups, reviewing and editing draft editions of this document, or providing any of the other types of information and support we have received. Your input was greatly appreciated, thank you.

Gay Austin USDA Forest Service 216 N. Gunnison, CO 81230

Roy Bell City of Boulder Open Space 66 South Cherryvale Rd. Boulder, CO 80303

Richard Brune Botanical Consultant 2060 Garland Lakewood, CO 80215-1630

Bob Carlson Colorado State Parks 361-32 Road Clifton, CO 81520

Anita Culp US Army Corps of Engineers Southern Colorado Project Office 720 N. Main St., Rm. 205 Pueblo, CO 81003-3046

Carol Dawson Denver Botanic Gardens 909 York St. Denver, CO 80206

Lois Dworshak Upper Colorado Environmental Plant Center P.O. Box 448 Meeker, CO 81641

Jill Easley Colorado Department of Transportation 4201 E. Arkansas Denver, CO 80222

Barbara Fahey CSU Cooperative Extension Jefferson County Extension Office 15200 West 6th Avenue Golden, CO 80401-5018

Deborah B. Keammerer Keammerer Ecological Consultants, Inc. 5858 Woodbourne Hollow Rd. Boulder, CO 80301

Andy Kratz USDA-FS-Region 2 P.O. Box 25127 Lakewood, CO 80225

Jim Lance Colorado Department of Transportation 222 S. 6th St., Room 317 Grand Junction, CO 81502

Ivo Lindauer University of Northern Colorado Biology Department Greeley, CO 80639 SOQ-KR-93632 Acknowledgments Attachment -2 x Jan McKee USDI-FWS P.O. Box 25486 - Denver Federal Center Denver, CO 80225-0207

Randy Moench Colorado State Forest Service CSU - Foothills Campus Building 1060 Fort Collins, CO 80523

Tamara Naumann Dinosaur National Monument 4545 Highway 40 Dinosaur, CO 81610

John Oram Colorado Forestry Association 5130 Meade St. Denver, CO 80221-1036

Terry Ruiter Gannett Fleming, Inc. 999 18th Street, Suite 2520 Denver, CO 80202

Susan Spackman Colorado Natural Heritage Program 254 General Services Building Fort Collins, CO 80523

Carol Spurrier USDI-BLM 2850 Youngfield St. Lakewood, CO 80215

Susan Trumble Roxborough State Park 4751 N. Roxborough Dr. Littleton, CO 80125

Dave Weber CDOW - North Region 6060 Broadway Denver, CO 80216

Finally, the Colorado Natural Areas Program would like to acknowledge the following individuals for their special contributions to this guide:

Ben Berlinger Mary Powell Jim Borland Neil Sperandeo Casey Davenhill Harvey Sprock Gary Finstad Lisa Tasker Alice Guthrie Jeff Woods Charlie Holcomb SOQ-KR-93632 Introduction 1 Attachment -2    

Every day portions of Colorado's landscape are disturbed as roads and trails are constructed, trenches for utility lines are excavated, and fields are plowed or graded in anticipation of a new crop or new building. Natural disturbances occur too, including flood, fire, wind erosion, avalanches and landslides. Eventually most of these disturbances will be revegetated. But with what and when? Without special effort, it may be decades before plants become established. In other areas soil loss may occur before any plants can successfully colonize the disturbance, further lowering the chance for revegetation—even in the long term. In more moderate climates, and on sites with better soils, plants may begin to grow as soon as the disturbance ends—but these may not be native species. Some will be noxious weeds, which will use the disturbed zone as a staging area to spread into adjacent healthy landscapes where they will be difficult to control. Others may be well-adapted to grow in barren landscapes, but will not persist.

For decades, land management agencies have been developing reclamation plans for reseeding and replanting disturbances. The historic focus was on providing vegetation to stabilize eroding areas and to heal unsightly scars on the landscape. Many of the plants used historically were readily available, inexpensive, fast growing, and aggressive agronomic species—just the strategy for quick and effective revegetation. However most were not native species. In recent years more agencies and landowners have become interested in propagating attractive and diverse plant communities by using native species for revegetation projects. This guide is intended to assist them in successfully planning and implementing such projects.

" #$%

When settlers first made their way to Colorado in the early 1800’s, they brought with them seeds of plants from all over the world. Some were seeds planted in the Old World for food crops, windbreaks, landscaping, erosion control, and livestock forage. Many other seeds arrived accidentally, mixed with crop seeds, animal feed, or even in the ballast of ships. These came westward with shipments of agricultural goods, or they were dispersed along irrigation ditches, railroad tracks, wagon roads, and cattle trails. Today, either by accident or design, the introduction of nonnative plants to Colorado continues. Because of past and present human activities, Colorado’s landscape is replete with “nonnative” species.

But what is a native plant? The contributors and reviewers of this guide spent a great deal of time wrestling with this question. In the end, it was easiest to start by defining which plants were nonnative. Although there are other perspectives, the group decided to use the definition from Colorado's Weed Management Act. The act defines a nonnative plant species as: “. . . a plant species which is not indigenous to the state of Colorado, nor to the native plant community in which it is found.” Title 35, Colorado Revised Statutes: Colorado Weed Management Act.

This latter definition will be used in this guide. Conversely, a native species is defined as: “A plant species which is indigenous to the state of Colorado, or to the natural plant community in which it is found.” SOQ-KR-93632 Introduction 2 Attachment -2

The terms alien, nonnative, exotic, and adventive are all expressions used to describe plants that have been introduced to Colorado. To keep things simple, this guide uses “nonnative” throughout.

"&"     "       %

Many, but not all, nonnative plants spread rapidly and outcompete native species for water, light and soil nutrients. Native plant species have evolved with local herbivores and diseases that regulate population numbers. In contrast, nonnative species frequently have no local predators acting to keep population sizes in check. Many nonnative agronomic species were bred in the Old World for rapid growth, prolific reproduction, and ability to tolerate both disease and a wide range of soil, moisture, and light conditions. Nonnative weeds have often had several thousand years evolution in the presence of human disturbances, resulting in enhanced growth, reproduction, and environmental tolerance, similar to what was purposedly bred into agronomic species of the Old World. While these characteristics are valuable for agricultural crops, they enable nonnative species to become aggressive invaders of native ecosystems. If left uncontrolled, these species often form extensive single-species stands where once there were diverse and productive native communities.

Nonnative species cover bare ground with dense greenery and sometimes with showy flowers, but may provide little in the way of habitat values or plant community diversity and structure. For example, a marsh full of purple loosestrife in bloom makes a beautiful impression from a distance. However, closer observation will reveal a lack of other plant species and a dearth of animal life. The same observation can be made about areas where knapweeds, thistles, leafy spurge and other nonnative plants have become established.

Plants such as knapweed and leafy spurge release toxins into the soil which inhibit the germination of native species. In addition, many nonnative species are not palatable to most North American animals. Such characteristics enable nonnative plant species to establish large monotypic stands that deplete the soil moisture and shade the ground, eliminating chances that native plants will germinate and grow.

"     &% The impacts from infestations of aggressive nonnative plants are widespread and far reaching:

 Land infested by nonnative plants has low value for hunting, photography, or wildlife watching (Cook, 1991).  Waterfowl habitat across North America has badly deteriorated due to purple loosestrife infestation. The dense stands reduce biotic diversity in wetlands by replacing native plant species, thereby eliminating the natural foods and cover essential to wetland wildlife (Malecki et al. 1993).  Although planting Russian-olive as wildlife habitat has been encouraged for many years by public land managers, its presence actually degrades wildlife habitat. Studies reveal that this SOQ-KR-93632 Introduction 3 Attachment -2 species displaces native cottonwoods. The displacement of native trees has caused more than a 30 percent decline in nesting bird species (USFWS 1989). Furthermore, the small limbs and hard wood of Russian-olive are not appealing to cavity-nesters, and the trees do not support the insects that many birds require for food (Cook 1991).

   !  !    Approximately 3.7 million acres (1.5 million hectares) of range and pasture land in the western United States are infested with knapweeds and leafy spurge infests over 2.5 million acres (1 million hectares) in North America (Steele 1991). Most domestic or wild animals cannot eat these species and knapweed is actually toxic to horses. In Montana and Wyoming, some areas are so completely covered with knapweed that the land has been abandoned and taken off tax rolls (Steele 1991). In North Dakota, mortgage companies will not lend on agricultural property infested with leafy spurge (Cook 1991).

In Colorado, leafy spurge has become thoroughly established in Larimer, Weld and Douglas counties, and is moving southward. Weed scientists predict that leafy spurge will soon be a dominant upland and lowland plant throughout the northern foothills and plains. The damage caused by nonnative plants includes degraded wildlife habitat, devalued crop and rangeland, injured or dead livestock, decreased water quality, lost tax revenue, diminished recreational experiences and the loss of irreplaceable native ecosystems.

The State of Colorado has recognized that nonnative species pose threats to natural landscapes and the economy. Title 35, Colorado Weed Management Act contends that it is the “duty of all persons to . . . manage undesirable plants . . .” and mandates that counties and municipalities adopt “undesirable plant management plans”. This act further declares that the management plans apply to both state and privately owned lands.

!  ' One way to combat the problem of invasive nonnative species is to use native plants for landscaping, revegetation, and reclamation. Using native plants for these projects decreases the introduction of nonnative plants into Colorado and maintains the integrity of native communities. Because they are adapted to the region, native plants often require less labor and expense to maintain once established. Native plants also provide many other benefits, including wildlife habitat, opportunities for environmental education, and a greater variety of scenery. The Colorado Native Plant Society Education Committee (1991) encourages the use of native species “both because of their adaptability and because we like the idea of Colorado looking like Colorado with a unique regional horticulture which sets us apart from other parts of the country”. Colorado has a profusion of beautiful native grasses, wildflowers, shrubs, and trees which can be used for all planting purposes.

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This guide provides information on how to select, plant and maintain Colorado native plant species for a wide range of landscaping, revegetation and reclamation needs. It includes information on important ecological considerations for the variety of Colorado landscape types and natural communities in both upland and wetland habitats. Instructions for the design, planning, execution, and maintenance of revegetation projects are also presented. In addition to the information provided in the text, additional resources are provided in the appendices. Other SOQ-KR-93632 Introduction 4 Attachment -2 useful references and resources, including federal and state agencies, are dispersed throughout the document.

This guide does not contain suggestions for every possible revegetation situation or suggest a use for every plant species native to Colorado (there are more than 2500!). The emphasis instead is on providing a basic understanding of the range of natural communities in Colorado and the processes involved in establishing native species in those communities. Knowledge of this subject will continue to increase over time through implementation of these strategies and continued experimentation. It is our hope that this guide serves as a good place to begin and that updated editions result from the perfection of these or other techniques.

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 Used to identify important components of a definition, technique, or other topic.

➲ Warning! This symbol indicates common pitfalls or disadvantages of a restoration technique.

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This guide is intended to serve as a resource for choosing native tree, shrub, forb and grass species for reclamation, revegetation and landscape projects. However, your best reference guide is the local landscape. The landscape can tell you which native species occur, how they are distributed, what soils they prefer, and what conditions they can tolerate. The local landscape also provides an important potential source of seed for revegetation projects.

There are several ways local resources can be used for revegetation projects. One is to salvage the vegetation that was on the site before the onset of the disturbance. If you know in advance that a project is going to disturb the landscape and will require revegetation after its completion, try preserving some of the existing plants and seeds so they can be used in the revegetation process. For instance, while a pipeline trench is being excavated, blocks of the existing native sod can be removed and set aside to be replanted after the work is complete. If the native sod cannot be preserved for later use, it may be helpful to spread the topsoil that contains root systems and seeds on the area.

Another way to use existing local resources for revegetation projects is to use seed from native plants that occur near the reclamation site. (See collecting guidelines on page 82). Seeds can be collected by hand from plants near the area to be revegetated. This method requires some planning in terms of allowing time for seed collection, but it offers many benefits, including:

 Germination success and plant hardiness may be increased because the seed source is local, and therefore, well-adapted to local environmental conditions.  This type of project promotes community service and “hands-on” involvement of the public in resource conservation issues.  This method of seed acquisition is relatively inexpensive, requiring only the time needed for volunteer organization, seed collecting, and soil preparation.  This method preserves local native gene pools and ecotypes. SOQ-KR-93632 Introduction 5 Attachment -2 "   " 

 * What is the purpose of your planting project? The answer to this question will determine your choice of plant species, planting techniques, and methods for long term maintenance of the area.

POSSIBLE REASONS TO ESTABLISH NATIVE PLANTINGS

Designing an aesthetic landscape for a home, business or park Reclaiming a heavily disturbed site Blending a utility line trench with an otherwise natural setting Planting an area that will sustain heavy foot traffic Planting for weed control near a reservoir edge Restoring the vegetation along newly constructed trail Planting to prevent erosion

+* Read the Plant Basics section (beginning on page 7) which defines terms used throughout this manual. Understanding these terms will help you decide what kinds of plants and growth forms to select for specific projects and will help you discuss your project with experts.

)* Proceed to the Natural Communities section (beginning on page 11).

1. Determine your site’s geographic VEGETATION TYPES setting. Choose from: Eastern Grasslands (and Meadows) – Graminoids (grasses, Plains and Foothill Region, Rocky rushes, and sedges) are the most common and Mountain Region, or Western obvious vegetation. Forbs (wildflowers) and a few Plateau and Canyon Region. shrubs or trees may be present. 2. Under the appropriate section, Shrublands - Shrubs are the most common and the determine the vegetation type that most obvious vegetation. Graminoids, forbs or bare best describes the site. Choose ground may cover the understory. There may be a from grassland, shrubland, few trees present. woodland, forest, riparian, or Woodlands – Trees are the most obvious vegetation, wetland (see box). but they are widely spaced. Canopy cover is usually 3. Finally, select the appropriate less than 40 percent. Graminoids, forbs or shrubs may be present in the understory. natural community, such as Forests – Trees are the most obvious vegetation. shortgrass prairie, mixed foothills They are closely spaced, and canopy cover is greater shrubland, or piñon-juniper than 40 percent. Graminoids, forbs or shrubs make woodland. up the understory. Wetland – The site has or is adjacent to standing  Some habitat types are especially water or has soils that are wet all or most of the year. challenging for revegetation projects. Riparian – The site is along the banks of a stream or If your project is in or near alpine river. SOQ-KR-93632 Introduction 6 Attachment -2 tundra or fens read the cautionary notes on pages 50 and 135.  If you are carrying out a project in or near what you believe is a wetland or riparian habitat, be sure to read the Wetland and Riparian Habitats sections (beginning on page 111).

,* Choose plant species from the Plant Finder lists located in the Natural Communities section (beginning on page 11). Common species are listed for each natural community under the categories of graminoids, forbs and trees/shrubs, with the most common species in bold print. The Upland Plant Characteristics Tables in Appendix I (page 197) will help you determine which species are appropriate for your circumstances. They list characteristics for each species such as height, growth form, wildlife value, flower color, and maturity rate. In addition to using Appendix I, it is always important to look at natural communities of the type you are trying to establish to get an idea of the relative abundance and arrangement of different species. Some of the plants listed in the Plant Finder may not be commercially available, however, such species can still be used by collecting native seed /plant material or by contracting with a nursery to grow certain plants.

-* Read the Revegetation Techniques section (beginning on page 81). This section contains detailed information on planning and executing a revegetation project, including sources of plant material, seeding and planting methods and other advice. Not all of this information will be needed for every project. If your project is small (of the “backyard” variety) you will not need to read the entire section in detail. Instead, use the subject headings to locate topics of interest and information appropriate to the scale of your project.

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Common names are generally used in the text to make it easier for the reader, however, for the sake of accuracy, we have included scientific names in tables and lists. Appendix I (page 197) lists common names of major species from the Upland Plant Finder lists.

Some plants have more than one scientific name. This document uses Kartesz (1994) and the Kartez-based USDA-NRCS database (1997) as the primary source of scientific nomenclature, and Weber (1996a, 1996b) as the secondary source. Tables in the appendices list both names. SOQ-KR-93632 Plant Basics 7 Attachment -2  

The Plant Kingdom is extremely diverse. There are well over 200,000 different species of plants living today. Taxonomists divide these species into a variety of groups and sub-groups on the basis of shared characteristics. Plants discussed in this guide all belong to the large category of plants which reproduce by means of seeds. Plants which do NOT reproduce by seeds include ferns, mosses, and lichens; these plants are not included in this manual.

Two broadly defined groups of seed plants mentioned in this manual are gymnosperms and angiosperms.

Gymnosperms

 Woody plants with needle-like or scale-like (imbricate, overlapping) leaves.  Do not produce flowers.  Have fruits which are cones or berry-like cones. (The blue “berries” on junipers are really modified cones!)  Includes pines, firs, Douglas-fir, spruces, junipers, and some that do not resemble the other taxa, e.g., Mormon-tea (Ephedra sp.).

Angiosperms

 Plants that produce flowers.  Include species with obvious flowers such as wild rose and columbine, as well as those that are not so obvious, like grasses, bulrushes, and sedges.

Both gymnosperms and angiosperms may be either deciduous or evergreen

Deciduous

 Bears leaves only through the growing season, dropping them in the fall. Deciduous plants are bare during the winter.  Quaking aspen, Rocky Mountain maple, and mountain mahogany are examples of deciduous plants.

Evergreen

 Bears green leaves throughout the winter.  Pines, junipers, Oregon grape, and kinnikinnick are examples of evergreen plants.

Gymnosperms and angiosperms can be further categorized by life cycle, growth form, reproductive strategy, maturity rate, and other descriptive terms. SOQ-KR-93632 Plant Basics 8 Attachment -2

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This manual uses only the general life cycle terms annual, biennial and perennial; more detailed and complicated descriptions of life cycles may be used by specialists.

Annual plants live for only one growing season. For annual species, the emphasis of growth is placed on production of seeds. Aboveground growth is rapid because the plant must flower and produce seed before it dies at the end of the season. As a consequence, annual species can be recognized by their relatively small root systems. Often annual plants are seeded at locations that need to be vegetated quickly, such as highly erosive slopes. While annuals grow quickly and provide cover, they do not provide a long-term solution to the challenge of revegetation. Furthermore, the seed that they produce may be stored in the soil. These plants will continue to appear, competing for nutrients, water and sunlight, long after the area has been planted with species that are more permanent and desirable. Many weeds and crop plants are annuals.

Biennial plants live for two years. During the first year they typically produce rosettes of basal leaves and store energy. They send up flowering stalks the second year, produce seeds and die. Native biennials are relatively uncommon, however, many invasive weeds are biennials, including musk thistle, scotch thistle, and some knapweed species.

Perennial plants live for many years. Normally they do not flower or reproduce until they are several years old. Perennials can afford to direct more energy to long-term establishment and typically have more extensive root systems. These species are usually the most desirable for native plantings.

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Woody plants do not die back to ground level each winter as forbs, grasses, and grass-like plants do. On woody plants, buds are borne above ground level, giving these plants a “head start” to larger stature each spring. Trees and shrubs are woody plants.

Trees are woody perennial plants with a single main stem or trunk and radiating branches on the upper portion of the plant. They usually stand over 13 feet (4 m) tall at maturity.

Shrubs are woody perennials lacking a main stem, instead having several to many branches arising at ground level. They are usually less than 10 to 13 feet (3 to 4 m) tall.

Graminoids include grasses and grass-like plants such as sedges and rushes. Sedges resemble grasses but have solid stems which are often triangular. Rushes resemble grasses but have round, pliant, hollow, or pithy stems lacking joints.

Grasses have jointed, hollow stems and clusters of small membranous flowers arranged in spikelets

Forbs are broad-leaved herbaceous plants that die back to the ground each year and are generally known as wildflowers. SOQ-KR-93632 Plant Basics 9 Attachment -2

    

Seed reproduction is found in all groups of gymnosperms and angiosperms. Seeds may be spread by wind, water, animals, or humans. Some seeds may require special treatment or conditions such as fire, freezing temperatures, or passage through the gut of animals in order to germinate.

Vegetative reproduction Many shrubs, grasses and a few trees, including quaking aspen, spread by root shoots or points on the roots from which new stems or trunks can emerge. Many aspen, even in groves that stretch for miles, are actually sprouting from the same root system! Often the parent plant must be cut, burned, or injured in some way before the root shoots will sprout. Most forbs and graminoids reproduce by seed, however, many perennials have developed additional strategies for propagation.

    Rhizomatous forbs and graminoids Rhizomatous graminoids are ideal for have underground stems and erosion control because their branches that spread in linear extensive networks of underground patterns. New plants grow from these stems retain soil. rhizomes.

Bunch forming forbs and Bunch plants are recommended for graminoids grow in clusters and aesthetic plantings because they appear as round tufts on the provide visual interest and variety on landscape. New sprouts (tillers) the landscape. grow only from the base of the plant, increasing the width of the bunch over time.

Stoloniferous forbs and graminoids Stoloniferous graminoids are useful have aboveground stems that spread, for heavy-use areas and erosion root and sprout new individuals. control because they form durable sods.

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Seasonal growth patterns are important considerations, especially for grass plantings. Two general patterns are recognized – cool season and warm season.

Cool season graminoids begin their growth in late winter and Planting a mixture of both warm early spring and bloom in the early summer. They may enter and cool season grasses dormancy during summer heat and resume growth or even provides robust year-long cover bloom again in the fall if adequate moisture is available. and visual interest from spring to fall. Warm season graminoids begin their growth in late spring or early summer and bloom in late summer or early fall, usually entering dormancy with the onset of winter. SOQ-KR-93632 Natural Communities 11 Attachment -2    !! 

In the broadest sense, a community can be defined as all the plants and animals living in a particular area. Plant communities are usually named for their most prominent and/or abundant members. Community classifications can range from general descriptions such as “grassland” or “forest” to more detailed designations which include species names. The term “natural communities” as used in this manual, refers to those plant species and communities which occurred in Colorado before European settlement and which retain the capability of maintaining themselves without human interference.

For the purposes of this guide, the state is divided into three floristic regions based on geography, elevation and climate (see Figure 2 on page 13). The Eastern Plains and Foothills Region occurs on the eastern side of the state below 8,000 feet (2438 m). The Rocky Mountain Region occurs in the center of the state on either side of the Continental Divide and includes the intermontane valleys (North Park, Middle Park, South Park and the San Luis Valley). The Western Plateau and Canyon Region occurs on the western side of the state below 8,000 feet (2438 m). Each region is divided into dominant vegetation types (grasslands, shrublands, woodlands and forests). Within each vegetation type, several natural plant communities are listed (for example, short-grass prairie or sagebrush shrubland). Vegetation types and natural communities have been generalized for this guide in order to emphasize the characteristic species which will help determine the environmental setting of your site. On the landscape, these types vary considerably in species composition and are too numerous to include in this document. The native landscape that surrounds your project site will be the best source of information for determining how to fine tune your revegetation project.

Figure 1. Life zones of Colorado.

Within each floristic region, the natural landscape can be subdivided into life zones, each zone being characterized by a given range of temperature, humidity, type and amount of precipitation, growing season length, amount and distribution of wind and soil conditions (Merriam 1899, Marr 1967). Five life zones defined by elevation occur in Colorado: alpine, subalpine, montane, foothills, and plains (see Figure 1). Divisions between zones are not always distinct; zones are often separated by transition areas (ecotones) between two or more distinct zones. The elevational limits shown above are general descriptions and may vary with topography, aspect, and latitude. For instance, because of differences in amounts of solar radiation which affect factors such as temperature, precipitation, and growing season, life zone boundaries tend to occur at higher elevations as you travel south. Life zones also tend to be higher on south-facing slopes than on adjacent north-facing slopes at the same latitude. Each floristic region contains at least SOQ-KR-93632 Natural Communities 12 Attachment -2 one life zone, and each life zone generally includes several natural communities. A few natural communities (wetland and riparian communities in particular) may cross life zones.

Natural communities tend to occur in predictable patterns on the landscape. The distribution of flora and fauna is for the most part determined by local resources and conditions. Important factors include water and nutrient availability, temperature, light, disturbance, and the presence of other organisms. Descriptive terms for habitats are frequently based on one or more of these factors. For instance, according to water availability, habitats may be characterized as “xeric” (dry) or “mesic” (moist). Or, depending on type and frequency of disturbance, communities may be classified as “successional or seral” (gradually changing in species composition) or “persistent or climax” (maintaining the same species composition over time in the absence of disturbance). Most other community characterizations are self-explanatory. Individual populations of a particular species may, over many generations, become genetically adapted to extremely localized conditions within a habitat type; these differentiated populations are known as “ecotypes”. The ecotype concept is important when discussing revegetation, because it points out that not all populations of a species are identical. For example, seeds of ponderosa pine adapted to the volcanic soils and high, dry conditions of Arizona's Colorado Plateau may not germinate or thrive when planted on coarse granitic soils of the Front Range, and adult trees may not possess the cold and wind tolerance needed on the east slope of the Front Range.

Natural community revegetation information in this manual is arranged as follows: Part I covers upland habitats, i.e. those communities occurring on ground which is not subject to regular flooding or saturation. Part II covers wetland and riparian communities, considered as a separate type within the surrounding upland community type. Each section also discusses appropriate methods and techniques for revegetation projects in specific communities. Plant community descriptions are taken largely from Marr 1967, Mutel and Emerick 1984, Galatowitsch 1988, and Benedict 1991. SOQ-KR-93632 Natural Communities 13 Attachment -2       

 CRAIG   FORT COLLINS STERLING

 DENVER

 GRAND JUN CTIO N

 COLORADO SPRINGS

GUNNISON 



PUEBLO

 LA JUNTA

ALAMOSA 



DURANGO  TRINIDAD

EASTERN PLAINS AND FOOTHILLS REGION WESTERN PLATEAU AND CANYON REGION

ROCKY MOUNTAIN REGION INTERMOUNTAIN PARKS

Figure 2. Floristic regions of Colorado.

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Eastern Plains and Foothills Region 15 Rocky Mountain Region (including Intermountain Parks) 33 Western Plateau and Canyon Region 53 SOQ-KR-93632 Attachment -2

 *    !!  SOQ-KR-93632 Part I: Upland Communities 15 Attachment -2 Eastern Plains and Foothills Region

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DESCRIPTION - The eastern plains form much of Colorado's landscape east of the Continental Divide, extending the length of Colorado from Wyoming to New Mexico and east to and Kansas. Elevations on the plains rarely exceed 6,000 feet (1829 m) (Benedict 1991). Foothills, which occur at the eastern edge of the Rocky Mountains, form a transition zone between the plains and the mountains, extending from 6,000 (1829 m) to about 8,000 feet (2438 m) in elevation.

CLIMATE / SOIL - Annual precipitation on the plains ranges from 12 to 18 inches (30 to 46 cm) per year with much of the moisture occurring in the winter and early spring or late in the summer (Galatowitsch 1988; Mutel and Emerick 1984). The area is prone to long periods of drought. Many plains soils are alkaline and fine-textured; foothills soils are variable but tend to be coarser and have neutral chemistry.

TOPOGRAPHIC FEATURES - The eastern plains consist of relatively flat terrain with gentle hills, bluffs, and in some places, steep-sided mesas. Although glaciers never made it as far as the plains during the Pleistocene, their presence was felt east of the mountains. The Arkansas and South Platte Rivers were swollen with melted ice and ground-up rock and spread a blanket of sand and silt far beyond the current floodplains. Today, smaller, meandering drainages, wetlands, moist swales, playas, bottomlands, and depressions created by wind and water erosion are scattered throughout the plains. The foothills area is characterized by mesas, hogbacks, low ridges, and streams and creeks. Canyons and elevated plateaus (Mesa de Maya and the Palmer Divide) extend the foothills floristic region far out onto the plains. SOQ-KR-93632 Part I: Upland Communities 16 Attachment -2 Eastern Plains and Foothills Region

VEGETATION – The eastern plains are dominated by grasslands. Shrublands and woodlands occupy small areas on the plains but are much more common in foothills areas. Although precipitation in the foothills region is very similar to that of the plains, the greater prevalence of rocky, moisture-retaining soils and irregular topography allow the dominance of woody plants. The impacts of fires in the foothills have been greatly reduced since intensive settlement of this region in the late 1800’s. Consequently, the extent and density of many of the woody plant communities that were formerly thinned by fire have increased.

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Grasslands 17 Shrublands 23 Woodlands 28 Wetland / Riparian 121 SOQ-KR-93632 Part I: Upland Communities 17 Attachment -2 Eastern Plains and Foothills Region - Grasslands

 

Grasslands (or prairies) are the most common vegetation type on the eastern plains of Colorado. The Great Plains region that once covered central North America between the Rocky Mountains and central Iowa had three main components arranged in irregular north-south trending bands from southern Canada to central (Sims et al. 1978). As precipitation decreases from east to west, height and species composition of the dominant prairie grasses changes. Tall-grass prairie covered the eastern band from 95º-100º west longitude; mid-grass prairie dominated the middle section between 100º and 105º west longitude, and short-grass prairie typified the arid western region between 105º and 110º west longitude. The plains of Colorado are in the short- grass zone, but fingers of mid-grass prairie extend into the short-grass prairie, and patches of tall grasses occur in riparian areas where conditions are sufficiently moist year-round.

Notes on grassland projects True restoration of the prairie that once covered hundreds of thousands of square miles and sustained the complex interactions of hundreds of species is probably impossible on the small parcels that are available today. However, where native grasslands do occur, they can be maintained and their condition improved. Small created prairies can preserve native prairie plants and give visitors a feel for the former native prairie.

Depending on the degree of past disturbance, rehabilitation may be accomplished by removing grazing, introducing fire, interplanting native grasses and forbs, and/or removing aggressive nonnative plants.

Planting a prairie from scratch is a long-term project. It may take 3 to 5 years for the prairie to look like the vision you have of it.

Transplanting from the wild is difficult because many prairie plants have developed long, deep roots to promote survival during drought. Try salvaging plants from sites that are scheduled for development rather than trying to move plants from intact native prairies.

Mow prairie plantings the first year after planting to prevent weeds from going to seed.

If possible, burn occasionally to reduce litter accumulations and prevent invasion by shrubs and trees. Burning only a part of the prairie in any year will leave the remainder as a refuge for creatures living there.

For more information on prairie planting or restoration, see Brune 1991, Roundy et al. 1993, and Schramp 1978. SOQ-KR-93632 Part I: Upland Communities 18 Attachment -2 Eastern Plains and Foothills Region - Grasslands

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Short-grass prairie covers much of the eastern plains, occurring on drought-prone, mildly alkaline, medium and fine-textured soils. The character of the short-grass prairie is shaped by aridity; average annual precipitation is between 10 and 16 inches (25-40 cm). Mid-grasses are able to survive during periods of moderate conditions, but are replaced by blue grama and buffalograss during and following events of stress such as drought or overgrazing. In the absence of such stress, mid-grasses such as needleandthread, sideoats grama, junegrass, and Sandberg bluegrass are common and even dominant, and the many associated forbs can turn the prairie into a colorful wildflower garden in wet summers. Western wheatgrass may form monotypic stands in swales and depressions on clay-rich soils. Few shrubs grow consistently in short-grass prairie because the soils are too dry and compacted to support them; yucca, cacti, fourwing saltbush and rabbitbrush are the most common woody plants on the prairie.

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GRAMINOIDS Bouteloua gracilis blue grama Bouteloua hirsuta hairy grama Buchloe dactyloides buffalograss Carex filifolia threadleaf sedge Hilaria jamesii galleta (southern plains) Koeleria macrantha junegrass Muhlenbergia torreyi ring muhly Pascopyrum smithii western wheatgrass Poa secunda Sandberg bluegrass Sporobolus cryptandrus sand dropseed Stipa comata needleandthread

FORBS Argemone polyanthemos crested pricklypoppy Artemisia carruthii Carruth’s sagewort Artemisia frigida fringed sagewort Astragalus missouriensis Missouri milkvetch Heterotheca canescens hoary false goldenaster Cryptantha thyrsiflora calcareous catseye Dalea candida white prairieclover Dalea purpurea purple prairieclover Delphinium carolinium ssp. virescens Carolina larkspur Eriogonum effusum spreading buckwheat Erysimum asperum plains wallflower Gaillardia pinnatifida red dome blanketflower Gaura coccinea scarlet beeblossom Ipomoea leptophylla bush morning glory Liatris punctata dotted gayfeather Linum lewisii Lewis’ flax Mirabilis linearis narrowleaf four o’clock Oenothera caespitosa clumped evening primrose SOQ-KR-93632 Part I: Upland Communities 19 Attachment -2 Eastern Plains and Foothills Region - Grasslands

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FORBS (continued) Psoralidium tenuiflorum slimflower scurfpea Ratibida columnifera upright prairie coneflower Solidago mollis velvety goldenrod Sophora sericea silky sophora Sphaeralcea angustifolia copper globemallow Sphaeralcea coccinea scarlet globemallow Tetraneuris acaulis stemless hymenoxys Zinnia grandiflora Rocky Mountain zinnia (southern plains)

TREES AND SHRUBS (INCLUDING SUCCULENTS) Atriplex canescens fourwing saltbush Chrysothamnus parryi Parry’s rabbitbrush Coryphantha vivipara scarlet hedgehog cactus Echinocereus triglochidiatus kingcup cactus Echinocereus viridiflorus nylon hedgehog cactus Krascheninnikovia lanata winterfat Opuntia fragilis brittle pricklypear Opuntia macrorhiza twistspine pricklypear Opuntia phaeacantha Mojave pricklypear Opuntia polyacantha hairspine pricklypear Yucca glauca small soapweed

Yucca glauca SOQ-KR-93632 Part I: Upland Communities 20 Attachment -2 Eastern Plains and Foothills Region - Grasslands

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Mid-grass prairie is found on the western edge of the plains near the foothills and also in pockets in southeastern Colorado on sandy or loamy soils. Here, with generally greater annual precipitation and less stress from drought or overgrazing, grasses of medium height are able to survive.

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GRAMINOIDS Bouteloua curtipendula sideoats grama Bouteloua gracilis blue grama Hilaria jamesii galleta (southern plains) Koeleria macrantha prairie junegrass Pascopyrum smithii western wheatgrass Schizachyrium scoparium little bluestem Stipa comata needleandthread Stipa viridula green needlegrass

FORBS Amorpha canescens leadplant Dalea candida white prairieclover Dalea purpurea purple prairieclover Eriogonum effusum spreading buckwheat Gaura coccinea scarlet beeblossom Liatris punctata dotted gayfeather Psoralidium tenuiflorum slimflower scurfpea Ratibida columnifera upright prairie coneflower Sphaeralcea coccinea scarlet globemallow Virgulus ericoides white prairieaster

TREES AND SHRUBS Fallugia paradoxa Apache plume (San Luis & Ark. Valley) Krascheninnikovia lanata winterfat Rosa arkansana prairie rose Yucca glauca small soapweed SOQ-KR-93632 Part I: Upland Communities 21 Attachment -2 Eastern Plains and Foothills Region - Grasslands

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Tall-grass prairie is extremely uncommon in Colorado, occurring only in very small pockets along the Front Range where natural and artificial subirrigation supplements soil moisture. It requires well-drained soils that stay moist; this is a difficult combination in the arid climate of eastern Colorado. Individual tall grass species can be found where localized environmental factors support their growth. If your project will include tall-grass prairie, you may want to contact a conservation professional before proceeding.

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GRAMINOIDS Andropogon gerardii big bluestem Bouteloua curtipendula sideoats grama Bouteloua gracilis blue grama Panicum virgatum switchgrass Pascopyrum smithii western wheatgrass Schizachyrium scoparium little bluestem Sorghastrum nutans yellow Indiangrass Spartina pectinata prairie cordgrass Sporobolus asper dropseed Sporobolus heterolepis prairie dropseed

FORBS Artemisia frigida fringed sagewort Asclepias speciosa showy milkweed Cirsium flodmanii Floodman’s thistle Dalea candida Floodman’s thistle Dalea purpurea purple prairieclover Liatris punctata dotted gayfeather Psoralidium tenuiflorum slimflower scurfpea Ratibida columnifera upright prairie coneflower Solidago speciosa var. pallida showy goldenrod Thelesperma megapotamicum Hopi tea greenthread Virgulus ericoides white prairieaster SOQ-KR-93632 Part I: Upland Communities 22 Attachment -2 Eastern Plains and Foothills Region - Grasslands

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Localized environmental conditions at the base of the foothills support grasslands at higher elevations than is typical of the eastern plains. Pockets of mid and tall-grass prairie species occur with foothills species on sites in the foothills where soils have a very high content of coarse rock fragments. The stones in and on the soil act as a mulch to concentrate soil moisture to levels needed by these species typical of wetter environments. Most commonly, foothills grasslands are composed of mid-grass species, and include occasional shrubs.

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GRAMINOIDS Andropogon gerardii big bluestem Bouteloua curtipendula sideoats grama Bouteloua gracilis blue grama Hilaria jamesii galleta (southern foothills) Koeleria macrantha prairie junegrass Muhlenbergia montana mountain muhly Panicum virgatum switchgrass Pascopyrum smithii western wheatgrass Schizachyrium scoparium little bluestem Sorghastrum nutans yellow Indiangrass Stipa comata needleandthread Stipa neomexicana New Mexico needlegrass

FORBS Amorpha canescens leadplant Aster porteri Porter aster Dalea candida white prairieclover Dalea purpurea purple prairieclover Eriogonum effusum spreading buckwheat Gaura coccinea scarlet beeblossom Liatris punctata dotted gayfeather Psoralidium tenuiflorum slimflower scurfpea Ratibida columnifera upright prairie coneflower Solidago nana baby goldenrod Sphaeralcea coccinea scarlet globemallow Thelesperma megapotamicum Hopi tea greenthread

TREES AND SHRUBS Cercocarpus montanus true mountain mahogany Krascheninnikovia lanata winterfat Rhus glabra smooth sumac Rhus trilobata skunkbush sumac Ribes cereum wax currant Rosa arkansana prairie rose Yucca glauca small soapweed SOQ-KR-93632 Part I: Upland Communities 23 Attachment -2 Eastern Plains and Foothills Region - Shrublands

"  

Shrublands come in many kinds, but all have shrubs – multiple-stemmed, woody plants – as their dominant plants. Shrublands occur naturally in specialized habitats, often in areas too cold or too dry for trees but where soil conditions will support shrubs’ deep root systems. Shrubs will also invade many types of grassland communities in the absence of fire or where grazing by wild and domestic animals has weakened the competitive ability of grasses. In eastern Colorado, greasewood and saltbush shrublands occur in alkaline depressions with clayey soils and a high water table (“flats”). Deep sandy soils support sand sage shrublands, and rocky hillsides and foothills support mixed shrubland communities.

Notes on shrubland projects Shrublands may be considered transitional communities – possibly grasslands transitioning to forests in the absence of fire. There are still some procedures to follow which will help the success of your restoration project.

Resist the tendency to remove all the rocks and boulders from the soil in which you want to grow your shrubland. Rocks on the surface of the soil concentrate rainfall around their margins and provide hospitable sites for moisture-hungry shrubs to grow. Subsurface rock also increases the available soil moisture at depth by allowing moisture percolation and concentrating it between rocks. Rocks without fine soil between them can be a problem, since shrub roots have a hard time becoming established in very rocky soils. Total rock content of the soil should be between 5 and 20 percent with a sand or sandy loam matrix and up to 50 percent for a fine textured matrix.

Plant shrubs and forbs first. Grass competition must be restricted by use of mulch cloth or other techniques to protect young shrubs or forbs from often fatal competition with grasses.

Whenever possible, control weeds before planting to avoid damaging plantings with herbicide applications.

For more information on shrubland projects, see Barrow 1996 and Roundy et al. 1993. SOQ-KR-93632 Part I: Upland Communities 24 Attachment -2 Eastern Plains and Foothills Region - Shrublands

   ! "  

These communities occur on alkaline flats and slight depressions where periodic saturation has caused salts to accumulate as a white crust on the soil surface. Only a few specially adapted species of plants can tolerate these extremely alkaline soils.

/0102-* /5:2/56/50/1059 6210/05715102879

GRAMINOIDS Bouteloua gracilis blue grama Buchloe dactyloides buffalograss Distichlis spicata inland saltgrass Hordeum jubatum foxtail barley Muhlenbergia asperifolia alkali muhly Puccinelia nuttaliana Nuttal alkaligrass Spartina gracilis alkali cordgrass Sporobolus airoides alkali sacaton

TREES AND SHRUBS Atriplex canescens Fourwing saltbush Chrysothamnus nauseosus rubber rabbitbrush Sarcobatus vermiculatus greasewood

/0102;*3/25//02/53/56/50/1059 6210/05715102879

GRAMINOIDS Bouteloua gracilis blue grama Buchloe dactyloides buffalograss Pascopyrum smithii western wheatgrass Sporobolus airoides alkali sacaton Sporobolus cryptandrus sand dropseed

FORBS Ambrosia psilostachya western ragweed Sphaeralcea coccinea scarlet globemallow

TREES AND SHRUBS Atriplex canescens fourwing saltbush Atriplex confertifolia shadscale saltbush SOQ-KR-93632 Part I: Upland Communities 25 Attachment -2 Eastern Plains and Foothills Region - Shrublands

  "  

Sand sagebrush prairie occupies sandy soils of the plains, primarily in the northeastern and southeastern corners of the state but also in other isolated areas where sandy soils occur. The porous nature of sand allows deeper water infiltration, giving deep-rooted shrubs the opportunity to grow more abundantly here. Unlike most prairies which are named for the dominant grasses, this prairie type is named for the most obvious species, sand sagebrush (Artemisia filifolia). Taller bunch grasses are common in this community, although they tend to drop out in heavily grazed areas. Wind erosion is common, often resulting in localized depressions or “blowouts”. These blowouts are usually sparsely vegetated due to constantly shifting sands. Where vegetation occurs, it is composed of grass species with roots and rhizomes long enough to stabilize the sand.

/0102<*/02/453/11 6210/05715102879

GRAMINOIDS Andropogon hallii sand bluestem Bouteloua curtipendula sideoats grama Bouteloua gracilis blue grama Bouteloua hirsuta hairy grama Calamovilfa longifolia prairie sandreed Muhlenbergia pungens sandhill muhly Oryzopsis hymenoides Indian ricegrass Redfieldia flexuosa blowout grass Schizachyrium scoparium little bluestem Sporobolus cryptandrus sand dropseed Stipa comata needleandthread

FORBS Heterotheca villosa hairy goldenaster Corydalis aurea scrambledeggs Cymopterus acaulis plains springparsley Dalea villosa silky prairieclover Eriogonum annuum annual buckwheat Gilia longiflora flaxflowered gilia Helianthus petiolaris prairie sunflower Ipomoea leptophylla bush morning glory Mentzelia nuda bractless blazingstar Mirabilis glaber four-o'clock Psoralidium lanceolatum lemon scurfpea Rumex venosus veiny dock Tradescantia occidentalis prairie spiderwort

TREES AND SHRUBS Artemisia filifolia sand sagebrush Opuntia phaeacantha Mojave pricklypear Yucca glauca small soapweed SOQ-KR-93632 Part I: Upland Communities 26 Attachment -2 Eastern Plains and Foothills Region - Shrublands

/0102*/020:5 6210/05715102879

GRAMINOIDS Andropogon hallii sand bluestem Muhlenbergia pungens sandhill muhly Pascopyrum smithii western wheatgrass Redfieldia flexuosa blowout grass Sporobolus cryptandrus sand dropseed Stipa comata needleandthread

FORBS Asclepias arenaria sand milkweed Astragalus ceramicus var. filifolius painted milkvetch Dalea villosa silky prairieclover Heliotropium convolvulaceum phlox heliotrope Oenothera caespitosa clumped evening primrose jamesii James’ clammyweed Psoralidium lanceolatum lemon scurfpea

Opuntia spp. SOQ-KR-93632 Part I: Upland Communities 27 Attachment -2 Eastern Plains and Foothills Region - Shrublands

!= " "  

These mixed shrublands occur on canyon slopes and on hillsides in the foothills zone. In the northern counties, shrublands consist primarily of skunkbush sumac (Rhus trilobata), mountain mahogany (Cercocarpus montanus), currant (Ribes cereum), and in some places bitterbrush (Purshia tridentata). In the southern counties, the composition of the shrublands changes, and Gambel's oak (Quercus gambelii) becomes the dominant component.

/0102*3/025 6210/05715102879

GRAMINOIDS Andropogon gerardii big bluestem Bouteloua curtipendula sideoats grama Bouteloua gracilis blue grama Carex pensylvanica var. heliophila sun sedge Danthonia parryi Parry oatgrass Muhlenbergia montana mountain muhly Pascopyrum smithii western wheatgrass Schizachyrium scoparium little bluestem Stipa comata needleandthread Stipa neomexicana New Mexico needlegrass

FORBS Artemisia frigida fringed sagewort Erigeron flagellaris trailing fleabane Liatris punctata dotted gayfeather Solidago velutina velvety goldenrod

TREES AND SHRUBS Brickellia californica brickellbush Cercocarpus montanus true mountain mahogany Chrysothamnus viscidiflorus green rabbitbrush Prunus virginiana black chokecherry Ptelea trifoliata common hoptree (Arkansas Valley only) Purshia tridentata antelope bitterbrush Quercus gambelii Gambel’s oak (south of Denver) Rhus trilobata skunkbush sumac Ribes cereum wax currant Rosa woodsii Wood’s rose Symphoricarpos rotundifolius roundleaf snowberry SOQ-KR-93632 Part I: Upland Communities 28 Attachment -2 Eastern Plains and Foothills Region - Woodlands

 

Woodlands occur in the foothills zone and where canyons on the plains create foothills-like conditions. They are characterized by having one or more species of small trees – oneseed juniper, Rocky Mountain juniper, piñon pine, or limber pine – dominant in the topmost layer of vegetation. Because these trees require more moisture and deeper soils than shrubs or grasses, woodland communities are restricted to rocky, mesic sites in draws and north-facing escarpments below 6000 feet (1829 m), and dry slopes among ponderosa pine and Douglas-fir communities above 6000 feet. Fire converts woodland communities to grasslands or shrublands; very old woodland communities are rare except in rocky areas which are protected from fire.

Notes on woodland projects Woodland sites alternate over time between woodland, shrubland, and grassland vegetation, depending on the climate and the frequency and intensity of the fire regime. After intense fire, grasses replace all or some of the trees. Over time, shrubs replace grasses. Eventually, trees again become the dominant vegetation.

In natural settings, unless the soil has been seriously disturbed or weeds are abundant, woodlands will regenerate without intervention. Erosion control and weed management may be sufficient to restore woodlands after disturbance. Planting in woodland sites can be very difficult due to rocky soils. Short-term reestablishment of visually dominant amounts of woody cover is likely to require nursery stock planting and mulching, caging, and irrigation of those plants.

For more information on woodlands, see Shaw et al. 1994, Covington 1996, and Howell 1986. SOQ-KR-93632 Part I: Upland Communities 29 Attachment -2 Eastern Plains and Foothills Region - Woodlands

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Piñon pine-juniper woodlands occur in draws, on escarpments and mesas, and on rocky hillsides. These woodlands are best developed between 5,000 and 7,000 feet (1524-2134 m), but localized environmental conditions may allow them to occur at lower elevations on the plains and up to 9,000 feet (2743 m) in the montane zone. Sites occupied by piñon-juniper woodlands are typically warm, dry and windy. Annual precipitation ranges from 12 to 18 inches (30-46 cm). Trees tend to be short and widely spaced. Either piñon or juniper may dominate; generally juniper is more abundant at the lower end of the elevational range. Piñon pine, being better adapted to cold conditions is typically more abundant at higher elevations. In southern counties, the community includes one-seeded juniper and piñon in the overstory and wavyleaf or Gambel’s oak, apache plume, and candelabra cactus in the understory. North of Colorado Springs, Rocky Mountain juniper may replace one-seeded juniper and piñon pine becomes less common; understory species include skunkbush, rabbitbrush, bitterbrush, and mountain mahogany. Throughout the range of this community type, grass and forb cover is inversely proportional to the density of the piñon and juniper.

/0102?*1@010.(017 2/02 6210/05715102879

GRAMINOIDS Bouteloua curtipendula sideoats grama Bouteloua gracilis blue grama Elymus elymoides bottlebrush squirreltail Lycurus phleoides common wolfstail Oryzopsis hymenoides Indian ricegrass Oryzopsis micrantha littleseed ricegrass Poa fendleriana muttongrass Schizachyrium scoparium little bluestem Stipa comata needleandthread Stipa neomexicana New Mexico needlegrass

FORBS Arenaria hookeri Hooker’s sandwort Castilleja linariifolia Wyoming Indian paintbrush Heterotheca villosa hairy goldenaster Hymenopappus filifolius fineleaf hymenopappus Mirabilis multiflora Colorado four o’clock (south of Denver) Solidago velutina velvety goldenrod Tetraneuris acaulis stemless hymenoxys

TREES AND SHRUBS Amelanchier alnifolia Saskatoon serviceberry Artemisia tridentata big sagebrush Cercocarpus montanus true mountain mahogany Chrysothamnus nauseosus rubber rabbitbrush Holodiscus dumosus rock spirea Juniperus monosperma oneseed juniper SOQ-KR-93632 Part I: Upland Communities 30 Attachment -2 Eastern Plains and Foothills Region - Woodlands

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TREES AND SHRUBS (continued) Juniperus scopulorum Rocky Mountain juniper Pinus edulis piñon pine (south of Denver) Pinus flexilis limber pine (northeast Colorado) Purshia tridentata antelope bitterbrush Quercus gambelii Gambel’s oak (south of Denver) Rhus trilobata skunkbush sumac Ribes cereum wax currant Symphoricarpos rotundifolius roundleaf snowberry

Juniperus scopulorum SOQ-KR-93632 Part I: Upland Communities 31 Attachment -2 Eastern Plains and Foothills Region - Woodlands

    

Ponderosa pine savannas occur primarily on dry, fire-prone south-facing slopes and have grassy understories with few shrubs. Woodlands typically occur on rockier sites less prone to fire and have dense shrub understories. In the eastern part of the state, these communities are found at the base of the foothills and on mesa tops on the plains.

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GRAMINOIDS Blepharoneuron tricholepis pine dropseed Bouteloua curtipendula sideoats grama Bouteloua gracilis blue grama Carex pensylvanica var. heliophila sun sedge Danthonia spicata poverty oatgrass Festuca arizonica Arizona fescue Koeleria macrantha prairie junegrass Leucopoa kingii spike fescue Leymus ambiguus Colorado wildrye Muhlenbergia montana mountain muhly Poa fendleriana mutton bluegrass Poa secunda Sandberg bluegrass Schizachyrium scoparium little bluestem Stipa pinetorum pine needlegrass Stipa scribneri Scribner’s needlegrass

FORBS Antennaria rosea rosy pussytoes Arnica fulgens foothill arnica Artemisia frigida fringed sagewort Artemisia ludoviciana white sagebrush Campanula rotundifolia bluebell bellflower Eremogone fendleri desert sandwort Heterotheca villosa hairy goldenaster Galium boreale northern bedstraw Geranium caespitosum pineywoods geranium Penstemon virens green beardtongue Potentilla fissa bigflower cinquefoil Sedum lanceolatum spearleaf stonecrop

TREES AND SHRUBS Arctostaphylos uva-ursi kinnikinnick Berberis fendleri Colorado barberry (south of Denver) Ceanothus fendleri Fendler’s ceanothus Cercocarpus montanus true mountain mahogany Jamesia americana cliffbush Juniperus communis common juniper Juniperus scopulorum Rocky Mountain juniper SOQ-KR-93632 Part I: Upland Communities 32 Attachment -2 Eastern Plains and Foothills Region - Woodlands

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TREES AND SHRUBS (continued) Mahonia repens Oregon grape Physocarpus monogynus mountain ninebark Pinus ponderosa ponderosa pine Pseudotsuga menziesii Douglas fir Purshia tridentata antelope bitterbrush Quercus gambelii Gambel’s oak (south of Denver) Rhus trilobata skunkbush sumac

Pinus ponderosa

Quercus gambelii SOQ-KR-93632 Part I: Upland Communities 33 Attachment -2 Rocky Mountain Region

 &!    

DESCRIPTION – This region lies between the plains and foothills to the east and the plateaus, canyons and lowlands to the west. The southern Rocky Mountains of Colorado are a complex group of well-defined ranges which have been carved by glaciers and eroded by streams to form steep, rugged canyons and ridges. This section also describes the vegetation of the great intermountain basins or “parks” (North Park, Middle Park, South Park) and the San Luis Valley, which are geographically part of the mountain region, but which may also share climatic and floristic characteristics with the eastern and western regions of Colorado.

CLIMATE / SOIL – Annual precipitation in the Colorado Rocky Mountains ranges from 18 to over 40 inches (45 to 100 cm) per year, with the high elevations of the Park Range and San Juan Mountains receiving the most moisture. At least 40 percent of the annual precipitation originates with Pacific air masses and falls in the form of snow. Soils are variable, depending on geologic substrate, precipitation, aspect and slope, and contribute to the diversity of plant communities found in the region. In general, soils developed from granitic and metamorphic rocks are coarser than soils developed from the less extensive sedimentary rocks in the region. The steeper slopes and higher precipitation in this region result in higher rates of erosion, keeping soils generally younger and shallower than is the case east or west of the region.

TOPOGRAPHIC FEATURES – Vertical relief characterizes the Rocky Mountain region of Colorado. Colorado’s average elevation is 6,800 feet (2073 m); the state contains 54 peaks higher than 14,000 feet (4267 m) and more than 1000 peaks over 10,000 feet (3048 m) high, three elevated plateaus and more than 20 named mountain ranges. Most of the mountain ranges were glaciated during the Pleistocene, which put the finishing touches on peaks and valleys already millions of years in the making. Four of North America's great rivers (the Colorado, the Platte, the Rio Grande and the Arkansas) originate within these mountains.

Steep slopes are the rule in the Rocky Mountain region, with three exceptions. Glaciers broadened the bottoms of many mountain valleys a thick layer of river deposits leveled them. The four great parks within the region (North, Middle, and South Park and the San Luis Valley) also have relatively flat floors. Surprisingly, a good deal of gentle terrain is also found at upper SOQ-KR-93632 Part I: Upland Communities 34 Attachment -2 Rocky Mountain Region elevations and even at the tops of the mountains, a reminder that at various times since the current Rocky Mountains were uplifted, erosional planing created surfaces later elevated, dissected by streams, broken by faults, and carved by glaciers. Broad summits at various elevations in the Front and Rampart ranges are examples of these ancient surfaces.

VEGETATION – The topographic diversity which defines the Rocky Mountain region gives rise to a parallel diversity of vegetation. Mountain environments are characterized primarily by coniferous forests: Ponderosa pine forests, Douglas-fir, and Engelmann spruce and subalpine fir forests. Aspen forests cover large areas where conifers have been removed by wind, landslide, avalanche or fire. Pockets of grassland often persist on deep soils and shrublands are found where warm, shallow soils are inhospitable to tree establishment. At the highest elevations, treeless alpine tundra and bare rock form the landscape. The Rocky Mountain region is also where most of the naturally-occurring wetlands of Colorado are found.

  !"  "

Grasslands 35 Shrublands 38 Woodlands 42 Forests 44 Alpine Tundras 50 Wetland / Riparian 130 SOQ-KR-93632 Part I: Upland Communities 35 Attachment -2 Rocky Mountain Region - Grasslands

 

Grasslands are a minor but important part of the Rocky Mountain region's vegetation. They occupy specialized habitats where the climate is too cold or dry and/or the soils are too shallow to support the growth of trees and shrubs. In general, grasslands are small, providing openings within the forested zone, but the entire floor of South Park is a montane grassland. Two major types of grasslands have been distinguished on the basis of elevation. Montane grasslands occur between approximately 8,000 and 10,000 feet (2438-3048 m) and subalpine grasslands occupy favorable habitats between approximately 10,000 feet and treeline.

Notes on grassland projects Many mountain grasslands in Colorado have been altered by over a century of use and fire suppression. Restoration can increase the diversity of plants, animals and community types in a given area.

Depending on the degree of past disturbance, restoration may be as simple as removing grazing and introducing fire. In more disturbed situations, interplanting missing native grasses and forbs, and/or removing aggressive nonnative plants may also be necessary.

Transplanting from the wild is difficult because mountain envirmonments are stressful on plants weakened by relocation. Grassland plants have developed long, deep roots to promote survival during drought. Try salvaging plants from sites that are scheduled for development rather than trying to move plants from intact native grasslands.

Where possible, burn occasionally to reduce litter accumulations and prevent invasion by shrubs and trees. Burning only a part of the grassland in any year will leave the remainder as a refuge for creatures living there.

For more information on grassland planting or restoration, see Brune 1991, and Roundy et al. 1993. SOQ-KR-93632 Part I: Upland Communities 36 Attachment -2 Rocky Mountain Region - Grasslands

!     

Small mountain grasslands and meadows are interspersed between the various forest communities and occur primarily on flat or gently sloping terrain with shallow to deep fine- grained soils. Large expanses of grassland or meadow communities are concentrated in parts of North, Middle, and South parks, the Wet Mountain Valley, the perimeter of the San Luis Valley and parts of the upper Rio Grande Basin (Benedict 1991). These grasslands range from moist to dry depending on exposure, their proximity to the water table and soil characteristics. Meadows with seasonally or permanently saturated soils or standing water are discussed in the wetland section (beginning on page 111). Mountain grasslands are usually dominated by bunch grasses such as fescues, oatgrass, Junegrass and mountain muhly, but wildflowers are abundant and diverse, making Colorado's grasslands the state's most photogenic plant community. Because mountain grasslands occur under conditions (including cold sinks or shallow soils) which do not favor the growth of woody plants, trees and shrubs are not recommended for revegetation projects.

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GRAMINOIDS Bouteloua gracilis blue grama Carex geyeri elk sedge Danthonia parryi Parry’s oatgrass Festuca arizonica Arizona fescue Festuca idahoensis Idaho fescue Koeleria macrantha prairie junegrass Muhlenbergia montana mountain muhly Poa fendleriana muttongrass Stipa lettermanii Letterman’s needlegrass

FORBS Achillea lanulosa western yarrow Antennaria umbrinella umber pussytoes Arnica parryi Parry's arnica Artemisia frigida fringed sagewort Erigeron flagellaris trailing fleabane Geranium richardsonii Richardson's geranium Heterotheca villosa hairy goldenaster Hymenoxys richardsonii pingue hymenoxys Ipomopsis aggregata skyrocket gilia Linum lewisii Lewis’ flax Oxytropis lambertii Lambert's locoweed Penstemon strictus Rocky Mountain penstemon Potentilla pulcherrima beautiful cinquefoil Senecio neomexicanus New Mexico groundsel SOQ-KR-93632 Part I: Upland Communities 37 Attachment -2 Rocky Mountain Region - Grasslands

/0102)*/710 /55/025 6210/05715102879

GRAMINOIDS Carex geyeri elk sedge Ceratochloa carinata California brome Danthonia intermedia timber oatgrass Deschampsia cespitosa tufted hairgrass Elymus elymoides bottlebrush squirreltail Elymus trachycaulus slender wheatgrass Festuca idahoensis Idaho fescue Festuca rubra red fescue Festuca saximontana Rocky Mountain fescue Festuca thurberi Thurber’s fescue Phleum alpinum alpine timothy Poa alpina alpine bluegrass Poa secunda Sandberg bluegrass Stipa viridula green needlegrass Trisetum spicatum spike trisetum

FORBS Achillea lanulosa western yarrow Agoseris aurantiaca orange agoseris Aquilegia coerulea Colorado blue columbine Arnica parryi Parry's arnica Campanula rotundifolia bluebell bellflower Castilleja rhexifolia Indian paintbrush Erigeron peregrinus subalpine fleabane Helianthella quinquenervis fivenerve sunflower Lathyrus lanszwertii var. leucanthus aspen peavine Lupinus argenteus silvery lupine Mertensia lanceolata prairie bluebells Oxytropis lambertii Lambert’s locoweed Penstemon whippleanus Whipple’s penstemon Senecio dimorphophyllus groundsel Thalictrum fendleri Fendler meadow-rue Thermopsis montana golden banner Vicia americana American vetch SOQ-KR-93632 Part I: Upland Communities 38 Attachment -2 Rocky Mountain Region - Shrublands

"  

Shrublands come in many kinds, but all have shrubs – multiple-stemmed, woody plants – as their dominant plants. Shrublands occur naturally in specialized habitats, often in areas too cold or too dry for trees but where soil conditions will support shrubs’ deep root systems. Shrubs will also invade many types of grassland communities in the absence of fire or where grazing by wild and domestic animals has weakened the competitive advantage of grasses. In the Rocky Mountain region, greasewood and saltbush shrublands occur in level areas where clay soils and a high water table create saline or alkaline conditions. Sagebrush shrublands can occur on a variety of well-drained soils with more nearly neutral soil pH and can be found over a wide range of elevations.

Notes on shrubland projects Shrublands may be considered transitional communities – possibly grasslands transitioning to forests in the absence of fire. There are several procedures to follow which will help the success of your restoration project.

Resist the tendency to remove all the rocks and boulders from the soil in which you want to grow your shrubland. Rocks on the surface of the soil concentrate rainfall around their margins and provide hospitable sites for moisture-hungry shrubs to grow. Subsurface rock also increases the available soil moisture at depth by allowing moisture percolation and concentrating it between rocks. Rocks without fine soil between them can be a problem since shrub roots have a hard time becoming established in very rocky soils. Total rock content of the soil should be between 5 and 20 percent with a sand or sandy loam matrix and up to 50 percent for a fine textured matrix.

Plant shrubs and forbs first. Grass competition must be restricted by use of mulch cloth or other techniques to protect young shrubs or forbs from often fatal competition with grasses.

Whenever possible, control weeds before planting to avoid damaging plantings with herbicide applications.

For more information on shrubland projects, see Barrow 1996 and Roundy et al. 1993. SOQ-KR-93632 Part I: Upland Communities 39 Attachment -2 Rocky Mountain Region - Shrublands

  ""  

Sagebrush shrublands are most extensive in western Colorado, but also cover certain areas of the Rocky Mountain region. Two major types may be distinguished on the basis of elevation and soils.

   " Basin big sagebrush shrublands occur at lower elevations on deep soils of floodplains and arroyos; they occur throughout western and southern Colorado. This type is dominated by basin big sagebrush (Artemisia tridentata ssp. tridentata), a tall shrub up to seven feet (2 m) in height. Understory vegetation tends to be sparse but other shrub species are common associates.

/0102,*/51014/453 6210/05715102879

GRAMINOIDS Bouteloua curtipendula sideoats grama Hilaria jamesii galleta (southern Colorado) Leymus cinereus Great basin wildrye Oryzopsis hymenoides Indian ricegrass Pascopyrum smithii western wheatgrass Poa fendleriana muttongrass Poa secunda Sandberg bluegrass Sporobolus cryptandrus sand dropseed

FORBS Arenaria hookeri Hooker’s sandwort Balsamorhiza sagittata arrowleaf balsamroot Heterotheca villosa hairy goldenaster Gaillardia aristata common gaillardia Sphaeralcea coccinea scarlet globemallow Wyethia amplexicaulis mulesears wyethia

TREES AND SHRUBS Artemisia tridentata ssp. tridentata basin big sagebrush Artemisia tridentata ssp. wyomingensis Wyoming big sagebrush Atriplex canescens fourwing saltbush Chrysothamnus nauseosus rubber rabbitbrush Chrysothamnus viscidiflorus green rabbitbrush Sarcobatus vermiculatus greasewood SOQ-KR-93632 Part I: Upland Communities 40 Attachment -2 Rocky Mountain Region - Shrublands

!    " Mountain big sagebrush communities occur at higher elevations on convex sites and on shallower soils than basin big sagebrush communities. Mountain big sagebrush is the dominant plant species of this type, but it may be replaced by black sagebrush at lower elevations on rocky soils and it intermixes with basin big sagebrush growing in similar size on many sites. Mountain big sagebrush communities may include a variety of shrubs and an abundance of wild flowers. It occurs at upper elevations adjacent to aspen, oak-serviceberry, and coniferous forest. Examples of this plant community are found in North Park, Middle Park, the western slope of the Park Range, the upper Gunnison Basin, the Vail Valley, and the Beaver Meadows area on the eastern side of Rocky Mountain National Park. In these areas, the similar Wyoming big sagebrush (Artemisia tridentata ssp. wyomingensis) may be dominant or co-dominant locally.

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GRAMINOIDS Agropyron spicatum bluebunch wheatgrass Bouteloua curtipendula sideoats grama Festuca saximontana Rocky Mountain fescue Hilaria jamesii galleta (southern Colorado) Koeleria macrantha prairie junegrass Melica sp. onion grass Oryzopsis hymenoides Indian ricegrass Pascopyrum smithii western wheatgrass Poa fendleriana muttongrass Poa secunda Sandberg bluegrass Stipa lettermanii Letterman’s needlegrass Stipa nelsonii Nelson’s needlegrass

FORBS Agastache urticifolia nettleleaf giant hyssop Arenaria hookeri Hooker’s sandwort Astragalus miser timber milkvetch Balsamorhiza sagittata arrowleaf balsamroot Erigeron speciosus showy daisy Helianthella uniflora oneflower helianthella Heterotheca villosa hairy goldenaster Delphinium nuttallianum Nuttall’s larkspur Gaillardia aristata common gaillardia Lupinus argenteus silvery lupine Lupinus caudatus tailcup lupine Penstemon caespitosus mat penstemon Wyethia amplexicaulis mulesears wyethia

TREES AND SHRUBS Amelanchier utahensis Utah serviceberry Artemisia arbuscula ssp. longiloba alkali sagebrush Artemisia nova black sagebrush Artemisia tridentata ssp. tridentata basin big sagebrush SOQ-KR-93632 Part I: Upland Communities 41 Attachment -2 Rocky Mountain Region - Shrublands

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TREES AND SHRUBS (continued) Artemisia tridentata ssp. vaseyana mountain big sagebrush Artemisia tridentata ssp. wyomingensis Wyoming big sagebrush Atriplex confertifolia shadscale saltbush Chrysothamnus parryi Parry rabbitbrush Purshia tridentata antelope bitterbrush Symphoricarpos rotundifolius roundleaf snowberry Tetradymia canescens spineless horsebrush SOQ-KR-93632 Part I: Upland Communities 42 Attachment -2 Rocky Mountain Region - Woodlands

  

Open woodlands of limber and bristlecone pines occupy dry, rocky, wind-swept sites in the Rocky Mountain region. Limber pine can be found on a variety of windy, exposed sites as low as Pawnee Buttes in northeastern Colorado, but they are generally found above 9,000 feet (2743 m). Limber pine is most common in northern Colorado; bristlecone pine is limited to southern and central Colorado. In central parts of the state where the ranges overlap, bristlecone usually occurs at higher elevations. Bristlecone and limber pine woodlands occupy sites with harsh climatic conditions; high winds, low temperatures, and periodic drought are common. Trees growing in these conditions tend to be stunted, gnarled, multiple-trunked and widely spaced. The understory is nearly always sparse, with a low diversity of shrubs and herbaceous plants.

Notes on woodland projects Woodland sites are similar to alpine sites in the challenges they present to revegetation project planners. The conditions are generally too dry and windy for plantings to succeed without special measures.

In moister, less windy sites, plants listed in the Plant Finder can perform well if seeded in the fall and provided with a durable mulch cover such as bonded fiber matrix or well- anchored excelsior mat.

In moderately windy sites, establishment must be done via planting rather than seeding. Mulches in these sites must be more carefully applied and must be better anchored than those in sheltered sites.

For more information on woodlands, see Shaw et al. 1994, Covington 1996, and Howell 1986.

Pinus contorta SOQ-KR-93632 Part I: Upland Communities 43 Attachment -2 Rocky Mountain Region - Woodlands

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GRAMINOIDS Danthonia intermedia timber oatgrass Festuca arizonica Arizona fescue Festuca thurberi Thurber’s fescue Poa alpina alpine bluegrass Trisetum spicatum spike trisetum

FORBS Cilaria austromontana matted saxifrage Erysimum capitatum sanddune wallflower Heuchera parvifolia littleleaf alumroot Sedum lanceolatum spearleaf stonecrop Trifolium attenuatum Rocky Mountain clover Trifolium dasyphyllum alpine clover

TREES AND SHRUBS Arctostaphylos uva-ursi kinnikinnick Juniperus communis common juniper Pinus aristata bristlecone pine Pinus flexilis limber pine Ribes montigenum gooseberry currant

Sedum lanceolatum SOQ-KR-93632 Part I: Upland Communities 44 Attachment -2 Rocky Mountain Region - Forests

 

Forest communities are the principal vegetation type in the Rocky Mountain region, occurring on all slopes, aspects and soil types. The upper and lower elevational limits (upper and lower “treeline”) of forests in Colorado are defined primarily by climatic factors. At upper treeline, trees give way to tundra because the growing season is too short and the soils too cold to support woody plant growth. Lower treeline is defined by a variety of factors, including precipitation and the presence of cold air sinks. Between upper and lower treeline, most of Colorado's forests are coniferous; that is, dominated by pine, spruce, and/or fir trees. Several distinct types of coniferous forest have been defined on the basis of elevation. Douglas-fir forest occurs at lower elevations; spruce-fir forest at higher elevations. Aspen forest occupies smaller areas throughout the region, usually on mesic soils where catastrophic disturbance (fire, avalanche, blowdown) has removed the conifers, while lodgepole forest takes over after disturbance on dry soils.

Notes on forest projects In natural settings, forests will regenerate after disturbance without intervention if soil erosion or weed infestation are not severe. Erosion control and weed management may be sufficient to promote natural regeneration.

The complex vertical structure of forests may affect the type of equipment that can be used for forest projects.

Forests require many decades of growth before maturing. As a result, forest restoration projects may require long-term monitoring.

For more information on forest projects, see Alexander 1987, Shaw et al. 1994, Crane 1982, and Covington 1996.

Pinus aristata SOQ-KR-93632 Part I: Upland Communities 45 Attachment -2 Rocky Mountain Region - Forests

 .  

Forests dominated by Douglas-fir are found from 6,000 to 9,500 feet (1829-2896 m) throughout Colorado. In the foothills, Douglas-fir forests are confined to rocky soils on cool north-facing slopes and in shaded canyons, but in the montane zone, they may be found on slopes of all aspects. Tree canopy density varies with site temperature and moisture availability. Dense forests often permit only diffuse light to reach the forest floor. As a consequence, understory vegetation is sparse and consists of scattered shade-tolerant shrubs, forbs and graminoids.

In northern Colorado, Douglas-fir may occur in pure stands or share the canopy with a few ponderosa pine, Rocky Mountain juniper, or Engelmann spruce. In southern Colorado the forest is much more mixed; Douglas-fir, white fir, southwestern white pine, ponderosa pine, and Engelmann spruce may vie for dominance in these middle-elevation forests.

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GRAMINOIDS Bromopsis porteri nodding brome Carex geyeri elk sedge Festuca arizonica Arizona fescue Koeleria macrantha prairie junegrass Leucopoa kingii spike fescue Muhlenbergia montana mountain muhly Poa nervosa Wheeler bluegrass

FORBS Antennaria rosea rosy pussytoes Arnica cordifolia heartleaf arnica Artemisia franserioides ragweed sagebrush Campanula rotundifolia bluebell bellflower Cerastium strictum mouseears chickweed Geranium viscosissimum sticky geranium Mertensia lanceolata prairie bluebells Potentilla concinna red cinquefoil Senecio eremophilus var. kingii King's groundsel Solidago spathulata var. neomexicana New Mexico goldenrod

TREES AND SHRUBS Abies concolor white fir (southern counties) Acer glabrum Rocky Mountain maple Amelanchier alnifolia Saskatoon serviceberry Arctostaphylos uva-ursi kinnikinnick Jamesia americana cliffbush Juniperus communis common juniper Juniperus scopulorum Rocky Mountain juniper Mahonia repens Oregon grape Paxistima myrsinites boxleaf myrtle Physocarpus monogynus mountain ninebark SOQ-KR-93632 Part I: Upland Communities 46 Attachment -2 Rocky Mountain Region - Forests

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TREES AND SHRUBS (continued) Pinus ponderosa ponderosa pine Pinus strobiformis southwestern white pine (southerncounties) Pseudotsuga menziesii Douglas fir Ribes cereum wax currant Rosa woodsii Wood’s rose Rubus deliciosus delicious raspberry Rubus idaeus grayleaf red raspberry Symphoricarpos rotundifolius roundleaf snowberry SOQ-KR-93632 Part I: Upland Communities 47 Attachment -2 Rocky Mountain Region - Forests

   

In Colorado, lodgepole pine is an upper montane and subalpine species whose range overlaps that of Engelmann spruce and subalpine fir, except that lodgepole pine does not occur naturally west of the Sangre de Cristo Mountains and south of the Gunnison River (Crane 1982). In general lodgepole pine replaces Engelmann spruce and subalpine fir after catastrophic fires on dry sites, where it forms dense stands. Few herbaceous plants and shrubs are able to tolerate the deep shade of these “doghair thickets”. Because lodgepole pine does not reproduce in the shade of existing forest, it usually gives way over time to spruce and fir. Lodgepole pine can persist indefinitely, however, on cold sites with thin, extremely dry soils.

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GRAMINOIDS Carex geyeri elk sedge Koeleria macrantha prairie junegrass Poa lettermanii Letterman’s bluegrass Trisetum spicatum spike trisetum

FORBS Arnica cordifolia heartleaf arnica Campanula rotundifolia bluebell bellflower Epilobium angustifolium fireweed Lupinus argenteus silvery lupine Potentilla diversifolia varileaf cinquefoil

TREES AND SHRUBS Abies lasiocarpa subalpine fir Arctostaphylos uva-ursi kinnikinnick Juniperus communis common juniper Mahonia repens Oregon grape Picea engelmannii Engelmann spruce Pinus contorta lodgepole pine Pseudotsuga menziesii Douglas fir Rosa woodsii Wood’s rose Salix scouleriana Scouler’s willow Shepherdia canadensis russet buffaloberry Vaccinium myrtillus whortleberry Vaccinium scoparium grouse whortleberry SOQ-KR-93632 Part I: Upland Communities 48 Attachment -2 Rocky Mountain Region - Forests

 

Aspen forests are distributed on moist deep soils and scattered shallow soils in all mountain zones except the alpine. At lower elevations, aspen forests reach into the upper foothills zone along ravines where conditions are cool and moist; in the montane and subalpine, aspen may form large groves on slopes and narrow borders on valley bottoms. Aspen are typically seral species that become established on sites disturbed by fires, floods, avalanches, landslides or human activity. Persistent aspen stands are found in northern Colorado, in South Park, and west of the continental divide. Moist aspen groves typically have a rich diversity and a dense cover of herbaceous and shrub species in the understory. Drier sites have a grassy understory of Thurber fescue, slender wheatgrass, and blue wild rye.

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GRAMINOIDS Bromopsis porteri nodding brome Bromopsis pumpelliana pumpelly brome Carex geyeri elk sedge Elymus glaucus blue wildrye Elymus trachycaulus slender wheatgrass Festuca thurberi Thurber’s fescue

FORBS Achillea lanulosa western yarrow Agastache urticifolia nettleleaf giant hyssop Arnica cordifolia heartleaf arnica Aster engelmannii Engelmann’s aster Delphinium barbeyi tall larkspur Galium boreale northern bedstraw Geranium richardsonii Richardson’s geranium Heracleum sphondylium cow parsnip Lathyrus lanszwertii var. leucanthus aspen peavine Ligusticum porteri Porter’s licoriceroot Osmorhiza chilensis sweet cicely Senecio serra tall ragwort Thalictrum fendleri Fendler’s meadowrue Thermopsis montana golden banner Vicia americana American vetch

TREES AND SHRUBS Amelanchier alnifolia Saskatoon serviceberry Juniperus communis common juniper Mahonia repens Oregongrape Populus tremuloides quaking aspen Prunus virginianus black chokecherry Rubacer parviflorus thimbleberry Symphoricarpos rotundifolius roundleaf snowberry SOQ-KR-93632 Part I: Upland Communities 49 Attachment -2 Rocky Mountain Region - Forests

  ! .    

Forests of Engelmann spruce and subalpine fir form extensive stands in the subalpine zone (9300-11,400 feet/2835-3475 m) of the Rocky Mountain region and extend down into the montane zone in cool ravines. These fairly homogeneous expanses of forest are occasionally interrupted by stands of lodgepole pine (in northern Colorado) or aspen, grasslands, meadows or wetlands. The understory in spruce-fir forests is often dense but with moderate to low diversity of vascular plants and relatively high diversity of non-vascular plants—mosses and lichens as well as various fungi involved with the decay of fallen wood. In the southern mountains, corkbark fir may occur with or replace subalpine fir.

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GRAMINOIDS Bromopsis pumpelliana pumpelly brome Carex geyeri elk sedge Poa nervosa Wheeler bluegrass Poa reflexa nodding bluegrass

FORBS Achillea lanulosa western yarrow Antennaria rosea rosy pussytoes Arnica cordifolia heartleaf arnica Campanula rotundifolia bluebell bellflower Epilobium angustifolium fireweed Galium boreale northern bedstraw Geranium richardsonii Richardson's geranium Pedicularis spp. lousewort Polemonium pulcherrimum ssp. delicatum Jacob's ladder Pyrola spp. wintergreen Solidago parryi Parry’s goldenrod

TREES AND SHRUBS Abies arizonica corkbark fir (southern Colorado) Abies lasiocarpa subalpine fir (northern Colorado) Lonicera involucrata twinberry honeysuckle Paxistima myrsinites boxleaf myrtle Picea engelmannii Engelmann spruce Pinus flexilis limber pine Ribes coloradense Colorado currant Ribes lacustre prickly currant Ribes montigenum gooseberry currant Ribes wolfii Wolf’s currant Rubacer parviflorus thimbleberry Shepherdia canadensis russet buffaloberry Vaccinium myrtillus whortleberry Vaccinium scoparium grouse whortleberry SOQ-KR-93632 Part I: Upland Communities 50 Attachment -2 Rocky Mountain Region – Alpine Tundra

   

Alpine tundra extends from treeline (approximately 11,400 feet/3475 m) to the mountain tops. The cold, extremely windy climate produces harsh growing conditions. As a result, plants are mostly small, low, perennial and adapted to a short growing season. Geomorphic processes (frost action, glaciation, mass wasting), snow retention, wind dessication and permafrost have produced soil and topographic conditions that vary considerably over short distances and strongly influence vegetation patterns. Plant communities, reflecting the underlying variations in environmental conditions, are arranged in a complex mosaic of closely interspersed types.

Tips for alpine projects Due to the high elevation, harsh environmental conditions, and difficult access, planting in the alpine zone presents special complications.

 Short growing seasons and cold temperatures limit plant growth rates, slowing establishment and visible progress of revegetation.  Few high altitude native plant materials are available from commercial suppliers.  Very little information regarding the germination requirements of native high-altitude species is available. High altitude species are even less likely than lower altitude native species to conform to the desired “garden model” of rapid germination and vigorous establishment.

The severe environmental conditions of high elevations can devastate carefully acquired/propagated plant materials. Among the most harmful factors are wildlife browsing (including pocket gophers), summer freezes, snowmold and frost-heaving especially during spring when young seedlings trapped in a frozen surface soil layer are often ripped out of the ground by ice crystals growing from below.

 Below treeline and in the moister, less windy alpine communities, plants listed in the Plant Finders can perform well if seeded in the fall and provided with a durable mulch cover such as bonded fiber matrix or well-anchored excelsior or other organic mats.

 In moderately windy sites, establishment must be done via planting rather than seeding. Appropriate species for such sites are not ordinarily available (e.g., Bellardi kobresia (Kobresia myosuroides), or blackroot sedge (Carex elynoides)) and must be propagated by special order. Mulches in these sites must be more carefully applied than those in sheltered sites.

 In the most exposed alpine sites (fellfields), prospects of successful revegetation within a decade are small. Success is likely to result from custom propagation of fellfield native species, careful positioning relative to microtopography, and subtle use of microtopographic objects such as rocks to produce a moderate, but not overly protected microsite for the plantings.

For more information, see Proceedings of the High Altitude Revegetation Workshops, Willard 1972.

 In consideration of the difficulty of alpine revegetation, readers are strongly advised to avoid disturbing alpine areas whenever possible. For instance, if your project involves a trail, consider the possibility of using cairns rather than removing vegetation to build the trail. You should consult an experienced restoration specialist for alpine projects. SOQ-KR-93632 Part I: Upland Communities 51 Attachment -2 Rocky Mountain Region – Alpine Tundra

 ! 

Alpine meadows are common on level to gently rolling sites with fairly deep, well-drained, fine- textured soils. Dry meadows (turfs) occur in areas where snow does not accumulate in the winter or melts early, typically on windward slopes and ridges. Meadows in more mesic areas are found on gentle slopes or in shallow basins.

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GRAMINOIDS Carex norvegica Norway sedge Danthonia intermedia timber oatgrass Deschampsia cespitosa tufted hairgrass Elymus trachycaulus subsp. andinus slender wheatgrass (alpine race) Festuca brachyphylla alpine fescue Luzula spicata spiked woodrush Poa alpina alpine bluegrass Poa glauca timberline bluegrass Trisetum spicatum spike trisetum

FORBS/SHRUBS Achillea lanulosa western yarrow Agoseris glauca wild dandelion Aquilegia caerulea Colorado blue columbine Aquilegia saximontana Rocky Mountain columbine Artemisia arctica arctic wormwood Artemisia scopulorum alpine sagewort Aster foliaceous alpine leafybract aster Erigeron melanocephalus blackhead fleabane Erigeron simplex onestem fleabane Geum rossii var. turbinatum alpine avens Polygonum bistortoides American bistort Polygonum viviparum alpine bistort Hymenoxys grandiflora graylocks hymenoxys Penstemon whippleanus Whipple’s penstemon Polemonium viscosum sticky Jacob's ladder Salix brachycarpa barrenground willow Salix arctica arctic willow Salix reticulata ssp. nivalis snow willow Sibbaldia procumbens creeping sibbaldia Solidago spathulata alpine goldenrod Trifolium dasyphyllum alpine clover SOQ-KR-93632 Part I: Upland Communities 52 Attachment -2 Rocky Mountain Region – Alpine Tundra

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GRAMINOIDS Carex elynoides blackroot sedge Carex rupestris Drummond sedge Danthonia intermedia timber oatgrass Elymus scribneri spreading wheatgrass Festuca brachyphylla Colorado fescue Kobresia myosuroides Bellardi kobresia Phleum commutatum alpine timothy Poa alpina alpine bluegrass Poa glauca timberline bluegrass

FORBS Campanula uniflora arctic bellflower Castilleja occidentalis western Indian paintbrush Claytonia megarhiza alpine springbeauty Dryas octopetala mountain dryad Erigeron pinnatisectus featherleaf fleabane Eritrichum aretioides alpine forget-me-not Hymenoxys grandiflora old man of the mountain Mertensia lanceolata prairie bluebells Oreoxis alpina alpine oreoxis Primula angustifolia alpine primrose Silene acaulis moss campion Thalictrum alpinum alpine meadowrue SOQ-KR-93632 Part I: Upland Communities 53 Attachment -2 Western Plateau and Canyon Region

   &    

DESCRIPTION – This region lies west of the Continental Divide and below 8,000 feet (2438 m). Like the Rocky Mountain region, it is geographically and vegetationally complex. The unifying theme in this region is the relatively flat-lying layers of sedimentary rocks forming extensive highlands. The Colorado River and its major tributaries (the San Juan, Dolores, White, Yampa and Gunnison rivers) have cut deep canyons into the layers of rock. The region shares floristic affinities with the Colorado Plateau, the San Juan Basin and the Uintah Basin regions of Arizona, Utah and New Mexico.

CLIMATE / SOIL – This region does not have a dominant precipitation season. Sixty percent of the annual precipitation occurs from October to April in the form of snow. The western plateau and canyon region receives very little summer precipitation, although some areas in southern Colorado are influenced by summer monsoon moisture from the southwest. Annual precipitation ranges from 6 to 18 inches (15-45 cm). Shallow and impermeable soils in many areas limit the effectiveness of the snow and rain that does fall.

TOPOGRAPHIC FEATURES – This region is distinguished from the Rocky Mountain and Eastern Plains and Foothills Regions by plateaus with more or less flat tops and very steep sides. Broad river valleys and deep, spectacular canyons frequently interrupt the generally level terrain. High escarpments such as the Vermilion Bluffs, the Book Cliffs and the Mesa Verde also provide topographic relief. SOQ-KR-93632 Part I: Upland Communities 54 Attachment -2 Western Plateau and Canyon Region

VEGETATION – The combination of dry climate and shallow, impermeable soils on slopes that are often steep imposes severe limitations on plant growth. The perennial vegetation of the region is generally very sparse, though weedy annuals can form a dense understory. Major communities include bunchgrass grasslands, saline bottomland shrublands, sagebrush shrublands, mixed mountain shrublands, and piñon-juniper and pine woodlands.

  !"  "

Grasslands 55 Shrublands 56 Forests and Woodlands 63 Wetland / Riparian 145 SOQ-KR-93632 Part I: Upland Communities 55 Attachment -2 Western Plateau and Canyon Region - Grasslands

 

Grasslands and meadows occur primarily on fine-grained or deep soils on moderate to low slopes or on steeply sloping sites, and may be small patches interspersed among shrubland, woodland or forest communities. These areas range from mesic to dry depending on soil characteristics and the availability of ground water.

Grasslands on rocky, windswept mesa sides above 6,500 feet (1981 m) are dominated by bunchgrasses, especially bluebunch wheatgrass, Indian ricegrass, and Junegrass. Shrub cover is generally minimal. Other grasslands typically occur on flat sandstone benches below 6,500 feet (1981 m). Galleta, Indian ricegrass, needleandthread grass, Indian ricegrass and blue grama are the most common species.

Notes on grassland projects

Depending on the degree of past disturbance, rehabilitation may be accomplished by removing grazing, introducing fire, interplanting native grasses and forbs, and/or removing aggressive nonnative plants.

Transplanting from the wild is difficult because many grassland plants have developed long, deep roots to promote survival during drought. Try salvaging plants from sites that are scheduled for development rather than trying to move plants from intact native grasslands.

Mow grasslands the first year after planting to prevent weeds from going to seed.

Western slope grasslands evolved without frequent fire or intense grazing. Burn these grasslands only often enough to prevent invasion by shrubs and trees.

For more information on grassland projects, see Brune 1991, Roundy et al. 1993, and Schramp 1978. SOQ-KR-93632 Part I: Upland Communities 56 Attachment -2 Western Plateau and Canyon Region - Grasslands

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GRAMINOIDS Agropyron spicatum bluebunch wheatgrass Agropyron spicatum var. inerme beardless bluebunch wheatgrass Bouteloua gracilis blue grama Hilaria jamesii galleta (southern Colorado) Koeleria macrantha prairie junegrass Leymus ambiguus Colorado wildrye Oryzopsis hymenoides Indian ricegrass Stipa comata needleandthread Stipa nelsonii Nelson needlegrass

FORBS Ipomopsis aggregata skyrocket gilia Lupinus brevicaulis shortstem lupine Oxytropis sericea silvery locoweed Phlox hoodii spiny phlox

SHRUBS Chrysothamnus viscidiflorus green rabbitbrush Gutierrezia sarothrae broom snakeweed Krascheninnikovia lanata winterfat Tetradymia canescens spineless horsebrush Yucca harrimaniae Spanish bayonet

Bouteloua gracilis SOQ-KR-93632 Part I: Upland Communities 57 Attachment -2 Western Plateau and Canyon Region - Shrublands

"  

Shrublands come in many kinds, but all have shrubs – multiple-stemmed, woody plants – as their dominant plants. Shrublands occur naturally in specialized habitats, often in areas too cold or too dry for trees but where soil conditions will support shrubs’deep root systems. Shrubs will also invade many types of grassland communities in the absence of fire or where grazing by wild and domestic animals has weakened the competitive ability of grasses. In western Colorado, shrubland communities separate out by elevation and soil type. The “adobe badlands” so common at the lowest elevations near Grand Junction and in the northwestern and southwestern corners of the state support mat saltbush shrublands. Greasewood and fourwing saltbush shrublands occur in alkaline depressions with clayey soils and a high water table (“flats”) in the same areas. Deeper, coarser soils at middle elevations support sagebrush shrublands, and hillsides near lower treeline support mixed mountain shrubland communities.

Notes on shrubland projects Shrublands may be considered transitional communities – possibly grasslands transitioning to forests in the absence of fire. There are several procedures to follow which will help the success of your restoration project.

Resist the tendency to remove all the rocks and boulders from the soil in which you want to grow your shrubland. Rocks on the surface of the soil concentrate rainfall around their margins and provide hospitable sites for moisture-hungry shrubs to grow. Subsurface rock also increases the available soil moisture at depth by allowing moisture percolation and concentrating it between rocks. Rocks without fine soil between them can be a problem since shrub roots have a hard time becoming established in very rocky soils. Total rock content of the soil should be between 5 and 20 percent with a sand or sandy loam matrix and up to 50 percent for a fine textured matrix.

Plant shrubs and forbs first. Grass competition must be restricted by use of mulch cloth or other techniques to protect young shrubs or forbs from often fatal competition with grasses.

Whenever possible, control weeds before planting to avoid damaging plantings with herbicide applications.

For more information on shrubland projects, see Barrow 1996 and Roundy et al. 1993. SOQ-KR-93632 Part I: Upland Communities 58 Attachment -2 Western Plateau and Canyon Region - Shrublands

!  ""  

Mat saltbush shrubland usually occurs on the driest sites below 6,000 feet (1829 m), usually on soils derived from shales of the Mancos and Green River formations. It is sometimes hard to recognize this community because the total vegetation cover often does not exceed 10 percent. The soils are heavy clays rich in calcium sulfate, selenium and sodium, and create conditions outside the tolerance limits of most plants. Gardner’s and mat saltbush seem best adapted to these harsh growing conditions.

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GRAMINOIDS Hilaria jamesii galleta (southern Colorado) Leymus salinus saline wildrye Oryzopsis hymenoides Indian ricegrass Sporobolus airoides alkali sacaton

FORBS Gilia ophthalmoides eyed gilia Phacelia splendens patch scorpionweed Sphaeralcea coccinea scarlet globemallow Stanleya pinnata pinnate princesplume

TREES AND SHRUBS Atriplex corrugata mat saltbush Atriplex gardneri Gardner’s saltbush Frankenia jamesii James’ seaheath (southern Colorado) Krascheninnikovia lanata winterfat

   ! "  

Saline bottomland shrubland usually occurs below 7,500 feet (2286 m); it is common on broad valley floors from Wyoming to the New Mexico border and west into Utah. On moist alkaline soils developed from stream deposits, greasewood forms pure stands. As alkalinity and depth of alluvium decrease, greasewood is found with shadscale and other saltbush species (Benedict 1991; Mutel and Emerick 1984). Shadscale saltbush is found primarily on elevated moderately coarse, moderately alkaline alluvium. Other species of saltbush, primarily Gardner’s and mat, occur on more alkaline soils, often developed from shales.

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GRAMINOIDS Bouteloua gracilis blue grama Distichlis spicata inland saltgrass SOQ-KR-93632 Part I: Upland Communities 59 Attachment -2 Western Plateau and Canyon Region - Shrublands

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GRAMINOIDS (continued) Hordeum jubatum foxtail barley Leymus cinereus basin wildrye Muhlenbergia asperifolia alkali muhly Pascopyron smithii western wheat Puccinelia nuttaliana Nuttall’s alkaligrass Sporobolus airoides alkali sacaton

SHRUBS Atriplex canescens fourwing saltbush Chrysothamnus nauseosus rubber rabbitbrush Chrysothamnus viscidiflorus green rabbitbrush Sarcobatus vermiculatus greasewood

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GRAMINOIDS Hilaria jamesii galleta (southern Colorado) Leymus salinus Salina wildrye Muhlenbergia asperifolia alkali muhly Oryzopsis hymenoides Indian ricegrass Pascopyrum smithii western wheatgrass (northwestern Colorado) Sporobolus airoides alkali sacaton

FORBS Sphaeralcea cocinnea scarlet globemallow Stanleya pinnata pinnate princesplume

TREES AND SHRUBS Artemisia spinescens bud sagebush Atriplex canescens fourwing saltbush Atriplex confertifolia shadscale saltbush Atriplex gardneri Gardner’s saltbush Krascheninnikovia lanata winterfat Sarcobatus vermiculatus greasewood SOQ-KR-93632 Part I: Upland Communities 60 Attachment -2 Western Plateau and Canyon Region - Shrublands

  ""  

Sagebrush shrublands are one of the most extensive vegetation types in western Colorado. Two major types can be distinguished on the basis of elevation and soils.

   " Basin big sagebrush shrublands occur at lower elevations on deep soils of floodplains and arroyos; they are especially well developed in the Piceance Basin. This type is dominated by big sagebrush (Artemisia tridentata), a tall shrub up to eight feet (2.5 m) in height. Understory vegetation tends to be sparse, but other shrub species are common associates.

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GRAMINOIDS Bouteloua curtipendula sideoats grama Elymus elymoides bottlebrush squirreltail Hilaria jamesii galleta (southern Colorado) Leymus cinereus basin wildrye Oryzopsis hymenoides Indian ricegrass Pascopyrum smithii western wheatgrass Poa fendleriana muttongrass Poa secunda Sandberg bluegrass Sporobolus cryptandrus sand dropseed

FORBS Arenaria hookeri Hooker’s sandwort Balsamorhiza sagittata arrowleaf balsamroot Heterotheca villosa hairy goldenaster Gaillardia aristata common gaillardia Petradoria pumila grassy rockgoldenrod Tetraneuris ivesiana Ive's fournerved daisy

TREES AND SHRUBS Artemisia tridentata ssp. tridentata big sagebrush Atriplex canescens fourwing saltbush Chrysothamnus nauseosus rubber rabbitbrush Sarcobatus vermiculatus greasewood SOQ-KR-93632 Part I: Upland Communities 61 Attachment -2 Western Plateau and Canyon Region - Shrublands

!    " Mountain sagebrush communities occur at higher elevations and on shallower soils than Basin big sagebrush communities. Mountain big sagebrush is the dominant plant species of this type, but it may be replaced by black sagebrush at lower elevations on rocky soils or by alkali sagebrush on heavy clay soils. Mountain sagebrush communities may include a variety of shrubs and an abundance of wildflowers. This type is widespread in northwestern Colorado, the Gunnison Basin and Glade Park.

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GRAMINOIDS Agropyron spicatum bluebunch wheatgrass Bouteloua curtipendula sideoats grama Elymus trachycaulus slender wheatgrass Festuca saximontana Rocky Mountain fescue Hilaria jamesii galleta (southern Colorado) Koeleria macrantha prairie junegrass Oryzopsis hymenoides Indian ricegrass Pascopyrum smithii western wheatgrass Poa fendleriana muttongrass Poa secunda Sandberg bluegrass Stipa lettermanii Letterman’s needlegrass

FORBS Arenaria hookeri Hooker’s sandwort Astragalus miser timber milkvetch Balsamorhiza sagittata arrowleaf balsamroot Delphinium nuttallianum Nuttall’s larkspur Helianthella uniflora onestem helianthella Heterotheca villosa hairy goldenaster Lupinus caudatus tailcup lupine Penstemon caespitosus mat penstemon Phlox hoodii spiny phlox Tetraneuris acaulis stemless hymenoxys Wyethia amplexicaulis mulesears wyethia

TREES AND SHRUBS Amelanchier utahensis Utah serviceberry Artemisis arbuscula ssp. longiloba alkali sagebrush Artemisia nova black sagebrush Artemisa tridentata ssp. tridentata basin big sagebrush Artemisia tridentata ssp. vaseyana mountain sagebrush Artemisia tridentata ssp.wyomingensis Wyoming big sagebrush Chrysothamnus viscidiflorus green rabbitbrush Prunus virginiana black chokecherry Purshia tridentata antelope bitterbrush Quercus gambelii Gambel’s oak Symphoricarpos rotundifolius snowberry Tetradymia canescens spineless horsebrush SOQ-KR-93632 Part I: Upland Communities 62 Attachment -2 Western Plateau and Canyon Region - Shrublands

!=! "  

Mixed mountain shrublands occur at elevations between the piñon pine-juniper woodland and upper montane coniferous forest communities. The shrubland consists of Gambel’s oak growing either in pure stands or with mountain mahogany, serviceberry and/or snowberry. The shrubs form a dense canopy restricting the understory to relatively few shade tolerant graminoids and forbs.

/0102+*!1C2!0/103/0256 579 6210/05715102879

GRAMINOIDS Carex geyeri elk sedge Carex pensylvanica var. heliophila sun sedge Stipa nelsonii Nelson’s needlegrass

FORBS Lathyrus lanszwertii var. leucanthus aspen peavine Mertensia fusiformis spindleroot bluebells Petradoria pumila grassy rockgoldenrod Solidago missouriensis Missouri goldenrod Stenotus acaulis stemless mock goldenweed

TREES AND SHRUBS Amelanchier alnifolia Saskatoon serviceberry Amelanchier utahensis Utah serviceberry Arctostaphylos patula greenleaf manzanita (northwestern Colorado) Arctostaphylos uva-ursi kinnikinnick Ceanothus martinii Martin’s ceanothus (northwestern Colorado) Cercocarpus montanus true mountain mahogany Fendlera rupicola cliff fendlerbush Peraphyllum ramosissimum squaw apple (southern counties) Quercus gambelii Gambel’s oak (southern counties) Rhus trilobata skunkbush sumac Symphoricarpos rotundifolius roundleaf snowberry SOQ-KR-93632 Part I: Upland Communities 63 Attachment -2 Western Plateau and Canyon Region - Woodlands

 

Woodlands occur on rocky hillsides at middle elevations and often define lower treeline. They are characterized by having one or more species of small trees – Utah juniper, Rocky Mountain juniper or piñon pine – dominant in the topmost layer of vegetation. Because these trees require more moisture and deeper soils than shrubs or grasses do, woodland communities are restricted to rocky, mesic sites in draws and north-facing escarpments below 6,000 feet (1829 m), and dry slopes among ponderosa pine and Douglas-fir communities above 6,000 feet. Fire converts woodland communities to grasslands or shrublands; very old woodland communities are rare except in rocky areas which are protected from fire. Conversely, fire suppression over the past 150 years of settlement has resulted in the spread of piñon-juniper woodlands over vast areas of the West formerly occupied by grasslands and shrublands.

Notes on woodland projects Woodland sites are similar to alpine sites in the challenges they present to revegetation project planners. The conditions are generally too dry and windy for plantings to succeed without special measures.

In moister, less windy sites, plants listed in the Plant Finder can perform well if seeded in the fall and provided with a durable mulch cover such as bonded fiber matrix or well- anchored excelsior mat.

In moderately windy sites, establishment must be done via planting rather than seeding. Mulches in these sites must be more carefully applied and must be better anchored than those in sheltered sites.

For more information on woodlands, see Shaw et al. 1994, Covington 1996, and Howell 1986. SOQ-KR-93632 Part I: Upland Communities 64 Attachment -2 Western Plateau and Canyon Region - Woodlands

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Piñon pine-juniper woodland communities occur on shallow, rocky soils in warm, dry sites. They often occur on hillsides and mesa tops, and this community will invade sagebrush shrublands and Great Basin grasslands in the absence of fire. Gravelly substrates with high levels of calcium and alkaline salts provide the optimum growth medium (Mutel and Emerick 1984). Juniper tolerates drought and soil saturation better than piñon pine, so it is more abundant at lower elevations. Piñon pine is more cold tolerant and is more prevalent at higher elevations (Mutel and Emerick 1984). Understory species are less abundant where the woody overstory is dense, but the graminoid and forb flora is typically rich.

/0102)?*1@010.(017 2/026 579 6210/05715102879

GRAMINOIDS Agropyron spicatum bluebunch wheatgrass Bouteloua curtipendula sideoats grama Bouteloua gracilis blue grama Elymus elymoides bottlebrush squirreltail Hilaria jamesii galleta (southern Colorado) Leymus salinus salina wildrye Oryzopsis hymenoides Indian ricegrass Poa fendleriana muttongrass Poa secunda Sandberg bluegrass Stipa comata needleandthread

FORBS Hymenopappus filifolius thinleaf hymenopappus Leucelene ericoides sand aster Petradoria pumila grassy rockgoldenrod Phlox longifolia longleaf phlox Solidago nemoralis gray goldenrod Stenotus armerioides thrift mock goldenweed Tetraneuris ivesiana Ive’s fournerved daisy

TREES AND SHRUBS Amelanchier utahensis Utah serviceberry Artemisia tridentata ssp. vaseyana mountain sagebrush Brickellia californica brickellbush Cercocarpus intricatus littleleaf mountain mahogany Cercocarpus ledifolius curlleaf mountain mahogany Cercocarpus montanus true mountain mahogany Chrysothamnus viscidiflorus green rabbitbrush Juniperus osteosperma Utah juniper Lycium pallidum pale wolfberry Pinus edulis Piñon pine Purshia tridentata antelope bitterbrush Ribes cereum wax currant Symphoricarpos rotundifolius roundleaf snowberry Yucca baccata banana yucca (southern counties) SOQ-KR-93632 Part I: Upland Communities 65 Attachment -2 Western Plateau and Canyon Region - Woodlands

  

Pine woodlands are composed predominately of ponderosa pine. They typically consist of open stands on dry south-facing slopes with a shrub and herbaceous understory. These woodlands form the ecotone between the Rocky Mountain region and the Western Plateau and Canyon region, except in northwestern Colorado, where they are absent and replaced by pure stands of Douglas-fir and aspen. These communities are similar to the pine woodlands in the foothills east of the Rocky Mountain region.

/0102)*10 2/025 6210/05715102879

GRAMINOIDS Blepharoneuron tricholepis pine dropseed Bouteloua gracilis blue grama Carex geyeri elk sedge Festuca arizonica Arizona fescue Festuca saximontana Rocky Mountain fescue Muhlenbergia montana mountain muhly Poa fendleriana muttongrass Poa secunda Sandberg bluegrass Stipa nelsonii Nelson’s needlegrass Stipa pinetorum pine needlegrass

FORBS Antennaria rosea rosy pussytoes Artemisia ludoviciana white sagebrush Astragalus lonchocarpus Hamilton’s milkvetch Brickellia grandiflora tasselflower brickelbush Campanula rotundifolia bluebell bellflower Gaillardia aristata common gaillardia Geranium caespitosum pineywoods geranium Ipomopsis aggregata skyrocket gilia Lotus wrightii Wright’s deervetch (southern counties) Penstemon caespitosus mat penstemon Petradoria pumila grassy rockgoldenrod

TREES AND SHRUBS Arctostaphylos uva-ursi kinnikinnick Berberis fendleri Colorado barberry Ceanothus fendleri Fendler’s ceanothus Juniperus communis common juniper Juniperus osteosperma Utah juniper Mahonia repens Oregon grape Paxistima myrsinites boxleaf myrtle Physocarpus monogynus mountain ninebark Pinus flexilis limber pine Pinus ponderosa ponderosa pine Pseudotsuga menziesii Douglas-fir Purshia tridentata antelope bitterbrush Quercus gambelii Gambel’s oak Ribes inerme whitestem gooseberry SOQ-KR-93632 Part I: Upland Communities 67 Attachment -2 Revegetation Techniques – Planning Your Project

  "D 

This section is divided into five steps:

"  "

1. Planning Your Project 67 2. Soil Characterizaton and Identification 69 3. Site Preparation 75 4. Seeding and/or Planting 81 5. Monitoring and Stewardship 103

WHEN TO CONSULT A PROFESSIONAL

The following sections will provide general guidelines for carrying out your project, however, this guide cannot include detailed information for every scenario. For large projects, or for those in particularly challenging environments, we advise working with experts. You may choose to work with a local resource agency or a private consultant. In either case, you should be as informed as possible about the techniques and plant species which will be used in your project.

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The flow-chart on the following page presents the steps which are required for successful completion of a revegetation project. The sequence will depend on the purpose of the project and the current condition of the site to be revegetated. The following sections provide more detailed information on each step. SOQ-KR-93632 Part I: Upland Communities 68 Attachment -2 Revegetation Techniques – Planning Your Project

Identify the natural community. Can the project can be planned before the site is disturbed? YES NO

Identify and characterize soils. Identify soil and soil needs.

Is the site currently occupied by native vegetation? YES NO

Identify native plants on site. Identify means of removing nonnative species.

Identify native plants to salvage, and identify additional needs. Select species for seeding/planting.

Salvage plants. Select appropriate seeding/planting techniques. Salvage topsoil and subsoil if appropriate.

Determine seed/plant sources and DISTURB LAND AS LITTLE AS POSSIBLE obtain plant material. DURING CONSTRUCTION, EXCAVATION, ROAD OR TRAIL MAKING, ETC.

Regrade site; relieve residual compaction.

Replace salvaged topsoil.

Amend soil as necessary.

Eradicate/control weeds if they are present.

Prepare seedbed/plantbed (soil ammendments, etc.).

Replant salvaged plants and any additional plants or seeds. Seed / plant.

Mulch and control erosion.

Control weeds.

Maintain and monitor . SOQ-KR-93632 Part I: Upland Communities 69 Attachment -2 Revegetation Techniques – Soils

+*  "  E 

Soil is the medium for plant growth and is made up of minerals, dead organic matter, and living organisms such as soil microbes, mycorrhizae (the symbiotic association between specific fungi and the roots of some plants), worms, insects, and roots. Soils are often overlooked. However, an understanding of soil texture, chemistry, and structure is extremely important for successful reclamation.  For small landscape projects, it is important to know the basic texture of the soil (clay, sand, loam, or a mixture), but it is rarely important to have laboratory tests made of soils on the site.

 !   !*

Parent material is the rock from which soils are formed.

Subsoil is weathered parent material found beneath the soil layers. It is basically eroded rock and lacks the other elements, such as organic matter, that would make it suitable for plant growth.

Soil is made up of minerals (generally derived from the parent material), dead organic matter, and living organisms.

Topsoil refers to the uppermost layers of soil that include the most active biological components, nutrients and organic matter. If topsoil is missing, a site will be difficult to revegetate. In this case, amendments may be necessary to facilitate plant growth.

Amendments include organic matter and fertilizer or anything added to the soil or parent material to which will make it more suitable for plant growth (fertilizer is seldom used with native plants).

  = 

Texture is determined by the size of the particles that make up the soil. Particles are divided into the three size categories: sand, silt, and clay. Plants native to your site have evolved Sand is the largest particle, clay is the smallest. to survive in the local soils - even soils Soil types are based on the percentage of the soil that might be considered “poor”. While composed of these particle sizes (Figure 3). For some amendments may be required to aid in plant establishment, deep dark example, a soil that is 20 percent sand , 60 percent rich soil is not always the goal. silt, and 20 percent clay is called a silty loam. Soil texture can be determined by using the flow chart in Figure 4. SOQ-KR-93632 Part I: Upland Communities 70 Attachment -2 Revegetation Techniques – Soils

Texture influences how quickly water, nutrients and oxygen move into and through the soil as well as the quantity of water and nutrients a soil can hold (Table 1). In general, soils high in clay do not drain well. They retain nutrients but have a tendency to become waterlogged. Sandy soils drain well, but have low nutrient holding capacity. Loamy soils represent a balance between sand and clay and are preferred for agricultural use because they retain nutrients and also drain well. Adding organic matter to sandy soil can improve the nutrient and water holding capacity. The addition of organic matter to a clayey soil can improve water infiltration and percolation. Ultimately, the best solution is to choose plants adapted to the soil type.

/*17157020 70/11F Particle Type Size (mm) Water Retention Nutrient Retention Sand 0.05-2.0 Low water retention Little to no nutrient retention Silt 0.0002-0.05 Moderate water Moderate nutrient retention retention Clay <0.002 High water retention High nutrient retention (Bradshaw and Chadwick 1980)

14)*1C1/04 SOQ-KR-93632 Part I: Upland Communities 71 Attachment -2 Revegetation Techniques – Soils

14,*:3/101041C6/B310<9 SOQ-KR-93632 Part I: Upland Communities 72 Attachment -2 Revegetation Techniques – Soils

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Four chemical properties of soil should be considered before a revegetation project is implemented. These are pH, electrical conductivity, sodium adsorption ratio and percent organic matter. These chemical properties are important because they greatly influence the suitability of the soil for plant survival and growth. The easiest way to determine the chemical properties of a soil is to have it tested.

Soil tests are reasonably priced and worth the investment. A soil test will not only aid in the selection of species best suited for your site, but will also identify potential toxicity problems and suggest soil amendments. A basic soil test will provide information on the four soil properties listed above as well as give a more precise soil texture reading compared to what can be done in the field. A test can also give details on the macronutrients (nitrogen, phosphorus, and potassium) and micronutrients (copper, iron, magnesium, and zinc) present in the soil. In some cases, other tests may be necessary for measuring the quantities of salts and heavy metals, as well as other physical properties.

Any soil testing facility can provide specific directions on how to collect a soil sample for analysis at their lab, but we have included a general description of how it is done. Most labs will recommend a composite soil sample.

1. Collect several samples (5 to 20) from an area using a consistent sampling method, and mix them together to form a composite. 2. Take a sample from this composite. 3. Lable the sample with the date and location of collection and keep it on ice in a cooler or frozen until submitted to the laboratory. 4. Send the soil samples to the laboratory as soon as possible after collection to ensure accurate results.

You may make several composite samples representing different soil depths, but at least one composite sample should be taken from the soil surface, at a depth of 0 to 6 inches (0 to 15 cm). For small areas, testing one composite soil sample will be sufficient. For larger areas, several composite soil samples may be necessary. Samples may be removed with a soil corer or a shovel, as long as the sampling method is consistent and the tool is not contaminated with soil from another site. Although perhaps obvious, composited soils should be as similar as possible. If obvious soil differences are ignored, analysis of a composite sample will characterize an average or intermediate soil that does not exist.

Some laboratories offer assistance in interpreting test results. Recommendations given for soil amendments are usually based on agricultural standards, however, and may not always be applicable to native plant growth. The use of fertilizer will be discussed later in the manual, but in general, fertilizer should be used sparingly as native plants, unlike horticultural or agricultural plants, rarely require fertilizer. Table 2 on page 73 offers some guidelines for determining the quality of the topsoil based on the results of your soil test. SOQ-KR-93632 Part I: Upland Communities 73 Attachment -2 Revegetation Techniques – Soils

/+*11/5/1531/118 B751 SUITABLE MARGINAL UNSUITABLE✝ SOIL PROPERTY TO POOR GOOD FAIR* 5.5-6.0 5.0-5.5 <5.0 pH 6.0-8.4 and and and 8.4-8.8 8.8-9.0 >9.0 EC 8-16 (electrical conductivity 0-4 4-8 (EC >8 may prove >16 mmhos/cm soluble salts) difficult to revegetate) sandy loam clay loam clay loam silty clay loam silty clay Texture silty loam sandy clay silt sandy clay loamy sand sand loam SAR (sodium adsorption ratio) <6 6-10 10-15 >15

% Organic matter >2 0.5-2 <0.5

(Hansen et al. 1991)

∗ Native species adapted to highly acidic (pH <6.0) or highly alkaline (pH >8.4) soil conditions should be used when possible instead of attempting to amend the soil. Using additives to change the pH can have complicating side effects and can be expensive. Some ecosystems in Colorado are naturally acidic (very few) or alkaline, and additives should not be used in the restoration of these areas.

✝ Specific methods to treat or revegetate problem soils that fall under the category of “unsuitable” in Table 2 are beyond the scope of this document, but have been discussed in other references. If a site is particularly challenging, consider consulting an expert.

    

Soils are not usually just collections of loose soil particles; they are composed of clods, clumps and chunks of sand, silt and clay particles mixed with organic material, together with air spaces or pores. Soil structure refers to the relative quantities of air and solid matter in the soil as well as the size, shape and arrangement of these aggregations. Soil scientists use categories of structure to describe these aggregates. Quantitative measure of structure is roughly reflected in bulk density data. SOQ-KR-93632 Part I: Upland Communities 74 Attachment -2 Revegetation Techniques – Soils

Bulk density is the amount of solid material per unit volume (g/cm3) in the soil. A soil with ideal growing conditions contains about 50 percent solid volume and 50 percent pore volume, with a bulk density of approximately 1.33 g/cm3. A high bulk density translates to a greater degree of soil compaction and less developed structure.

Low bulk density High bulk density

Soil compaction is the compression of soil particles. As soil compacts, particles move closer together and the soil volume has fewer air spaces. This is often the result of too many passes of heavy machinery or excessive foot traffic. Neither water nor roots can move readily into and through severely compacted soils. Seeds will sit on top of the soil and be vulnerable to wind, water, the sun’s heat and hungry birds or ants.

Soil structure develops over time as the soil itself develops. A loss of soil structure reduces the ability of water to percolate and of air to move in and out of soils between the plant roots and the air spaces within the soil. The greatest danger to soil structure during a restoration project is soil compaction. This usually occurs when heavy equipment is driven over the soil too many times during the course of a project. With each pass, soil particles are compressed and air spaces are reduced. Compaction can also occur in small projects if many people repeatedly walk over the same area. Soil structure may also be damaged by improper seedbed preparation or poor topsoil salvage methods. Use the methods described in the Site Preparation section beginning on the next page to avoid destroying soil structure. SOQ-KR-93632 Part I: Upland Communities 75 Attachment -2 Revegetation Techniques – Site Preparation

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There are two paths one can take to prepare the soil for a restoration project. The path you choose depends on when the planning for the restoration project begins. If you can plan your restoration project before the disturbance and the site is currently occupied by native vegetation, then topsoil salvage is the best option. If land use activities have destroyed native vegetation and topsoils are damaged or absent, then the only option is the development of substitute soils (site conversion).

     

Remember, soil is essentially alive. Topsoil contains microbes, invertebrate animals such as worms and insects, fungi and bits of living plant material. Microbes, worms and insects aid in cycling soil nutrients, aerating the soil and maintaining the soil structure. These creatures are important. Many native plant species are strongly dependent on an association with certain fungi. If these fungi are lacking, the plants may be weakened and less able to compete with weeds. Living plant propagules within the soil, such as roots, tubers, and seeds, are a source of locally adapted native plants that are not available commercially.

The goal of a topsoil salvage operation is to keep the soil alive, weed-free, and protected from damage until it can be returned to the restoration site for planting or seeding.

"    For the purposes of salvage, topsoil is generally defined as the upper 6 to 12 inches (15 to 30 cm). Below this depth biological activity is usually limited. In some cases deeper subsoils are salvaged to increase the amount of material available for covering a larger area. In these cases, separating the topsoil from the subsoil is recommended. Lower soil materials should be stored separately and marked to distinguish them from the true topsoil. These subsoils should be respread first before the topsoil is placed as the uppermost layer. Subsoils should be treated carefully, but the importance of maintaining structure is not as critical as with topsoil.

"    Topsoil should be salvaged when moist, but not wet. Salvage of wet soils, particularly those with fine texture, often severely damages or completely destroys soil structure. The result is a giant “mud pie” that may dry as a massive brick. Salvage of completely dry topsoil may also damage soil structure, though not as severely, and will result in nearly complete loss of living plant material.

         In general, it is best to avoid storing or stockpiling topsoil. If topsoil must be stored, do so as briefly and shallowly as possible. Follow these general guidelines: SOQ-KR-93632 Part I: Upland Communities 76 Attachment -2 Revegetation Techniques – Site Preparation

 Topsoil should be stored less than one year and in a weed-free location. Examples of sterile cover crops are Regreen (sterile wheat X wheatgrass  Make storage piles shallow (less than 2 cross) or milo. feet is best) to leave more of the soil exposed to air. Remember, soil is  Barley (Hordeum vulgare), wheat alive! (Triticum aestivum), or rye (Secale  Soil stored for longer than a few weeks cereale) should not be used as should be sown with a protective sterile temporary cover crops unless they cover crop. can be mown prior to seed maturity because they can reseed themselves  Deep piles are harmful to salvaged and inhibit the germination of native topsoil because the buried soil receives perennials. Despite claims to the little oxygen and desirable soil contrary, in some areas Regreen has organisms die soon after storage. reseeded itself. “Sterile” hybrids usually produce a small number of fertile plants.

     "    The manner in which the soil is returned to the site is just as important as the way it is salvaged and stored.

 Topsoil should be replaced with a minimum number of machine passes. “Sloppy work” mimics natural systems which have variable topsoil depths. Project supervisors should accept variability of topsoil depth in lieu of seeking very uniform topsoil thickness through extended machine work.  Topsoil should be placed only when there is an assurance that the area will be seeded within a few days. Each day that the topsoil remains bare gives weedy species a chance to invade the site and allows erosion from wind and rain. This makes establishment of perennial native species much more difficult.  If topsoil is imported from another location, the source should be carefully and thoroughly inspected for noxious weeds and undesirable plants and rejected if weeds are found.

 !    

The following guidelines should be used when native vegetation has been absent for the past few years or the soil has been covered by undesirable species. Undesirable species may include exotic invasive weeds or plants purposely introduced, such as forage grasses, nonnative landscaping plants, or agricultural crops. Because weed control is such an important aspect of revegetation, this manual  Controlling these undesirable plants is includes a separate section on the topic the single most important action you can beginning on page 107. We also take to increase survival of native species. recommend that a weed specialist be consulted whenever possible. SOQ-KR-93632 Part I: Upland Communities 77 Attachment -2 Revegetation Techniques – Site Preparation

There are three general approaches to dealing with a weedy situation:

1. If topsoil is present, eradicate or control undesirable plants, then prepare existing surface soil for seeding or planting. 2. If topsoil is absent, eradicate or control undesirable plants, then import topsoil from another location or commercial source or amend the existing soil material. 3. For sites severely infested with perennial weeds, disposal of the topmost soil could be desirable if elimination of weedy species is not feasible. This alternative could be very expensive and should only be considered if subsoils are of at least moderate quality. Remember, when a weedy plant spreads by rhizomes, the rhizomes often penetrate many feet into the soil and will persist if only a foot or two of soil is removed.

   

A well-prepared seedbed is a critical step in a successful restoration project. Seedbed preparation refers to the physical operations necessary to prepare the soil for seeding. There are two extremes to contend with when preparing the seedbed: soil that is too firm (compacted) and soil that is too loose (which can lead to erosion or improper depth of seeding when using a seed drill). An ideal seedbed is midway between these two conditions. Your seedbed should be

 Firm enough so the seed will be in contact with the soil, and the soil will not be easily All site preparation methods should be washed or blown away. done on the contour (across the slope) to  Loose enough for the seed sprout to prevent soil erosion from surface water penetrate the soil. runoff.

To alleviate soil compaction the following methods may be used.

   Scarification is a form of ripping or chiseling, and consists of breaking up the topsoil aggregates by means of raking the soil surface with a set of sharp teeth. Implements with ripper shanks can be pulled with almost any kind of motorized vehicle, but farm tractors, road graders and tracked bulldozers are recommended because they have sufficient horsepower to accomplish this task. The soil surface can be ripped down to 12 inches (30 cm), but subsoil sweeps should be used with caution as these devices can add to compaction problems in the soil zone immediately below the blade. For large projects in which topsoil has been removed, chiseling or ripping of subsoils to a depth of 6 to 12 inches (15 to 30 cm) prior to replacing the topsoil is recommended

 While soil ripping may be beneficial for preparing the seedbed, each episode of such treatment reduces soil moisture (Cotts et al. 1991); however, greater water infiltration from subsequent rains can also be expected. SOQ-KR-93632 Part I: Upland Communities 78 Attachment -2 Revegetation Techniques – Site Preparation

   At its most basic, tillage is any process which involves cutting through and turning over the soil. Tillage may be used to relieve both soil compaction and to control undesired plants. Plants can be plowed under so that their roots are exposed to the sun to die.

 This method should not be used on undesirable rhizomatous plants because tilling can spread rhizomes. Tillage should also not be used on sites that have high soil erosion potential, such as on slopes or fine textured soils.  Disc plows are often very harmful to soil structure and should not be used as a means of relieving compaction. However, in cases where the soil surface is dominated by coarse clods (as may occur if it is worked while wet), discing can be effective in reducing clods.

"      Harrowing or raking is a secondary tillage operation which uses a spiked or toothed cultivating implement to roughen the soil surface uniformly. This method is generally employed to break up crusts or to lightly cover seeds. Harrowing/raking should almost always be used immediately prior to and immediately following broadcast seeding.

  !!

Soil amendments are materials added to the soil to alter or enhance its physical or chemical properties.

   E  Nitrogen fertilizer should be used sparingly or not at all; excess applications can be detrimental to a restoration project. It should only be used where a soil test has revealed a gross deficiency of nitrogen. Test results can be compared with those from a similar intact community as a baseline indicator of natural nutrient levels. One strategy for determining if application of nitrogen fertilizer is appropriate is to wait until the next growing season and look for evidence of severe nitrogen deficiency. Signs of nitrogen deficiency include stunted growth and yellowish color. Fertilizer can then be applied in limited amounts to deficient areas only. Projects lacking topsoil will be the most deficient in soil nutrients and may require some type of fertilizer input.

 Indiscriminate use of nitrogen fertilizer can “burn” young native plant seedlings. Most native plants in Colorado have evolved to thrive in low nutrient soils and will not benefit from high doses of nitrogen nearly as much as will competing nonnative weeds.

 Nitrogen fertilizer can also encourage heavy weed growth. Most introduced weeds and agricultural species are very opportunistic users of nitrogen. Excess amounts of fertilizer can result in a flush of rapidly growing invasive weeds that overwhelm slower growing native species. Some weeds, such as Russian-thistle or kochia, will flourish under the slightest application of nitrogen. In time, as nitrogen is used up or leached out of the soil, these weeds will decrease in abundance; however, in some cases this process may take many years. SOQ-KR-93632 Part I: Upland Communities 79 Attachment -2 Revegetation Techniques – Site Preparation

Where fertilizer use is appropriate, a low level or slow release fertilizer is suggested for the growth of native plants. Organic fertilizers are good since they provide macronutrients (nitrogen, phosphorus, and potassium), micronutrients (copper, iron, manganese, zinc) and organic matter to the soil or substrate.

Examples of organic fertilizers include: Biosol Manufacturer Bio Resource Management  Compost PO Box 320  Biosolids (sewage sludge) Gypsum, Colorado 81637  Mushroom compost 970-524-9897  Animal waste (i.e. manure) FAX: 970-524-1363  Biosol, a byproduct of penicillin production which can be purchased in granular form like Note: This information does not chemical fertilizers constitute endorsement of this product by the State of Colorado. " "  Colorado soils typically have low phosphorus levels and native plant requirements for phosphorus are small. For soils low in this nutrient, amending soils with phosphorus can be beneficial for seed germination and plant growth. Phosphorus applications must be mixed into the soil. A one-time application is sufficient since phosphorus is not easily leached out of the soil like nitrogen. Triple superphosphate (P2O5 with an N-P-K of 0-46-0) is the form of phosphorus most commonly used. A soil test can determine if phosphorus is needed in your soil, but be aware that there are currently no accepted guidelines for the phosphorus requirements of native species.

"   !!

Other amendments may include wood chips, sawdust, or microorganisms. Each of these amendments has its advantages and drawbacks. 2317502/:25 Wood chips and sawdust are carbon rich mulches that can aid in erosion control, soil moisture conservation and temperature regulation; however, these mulches can also inhibit seed germination and plant growth. Such growth inhibition is due to the decomposing action of soil microorganisms that use the nitrogen which otherwise would be available to the plants. Over time the soil nitrogen is depleted. Because wood chips and sawdust have this effect on the soil, they are often used as landscape area mulches and are effective in controlling weed growth. Nonnative weedy plant species need available nitrogen in the soil to persist. If the amount of available nitrogen is suppressed, weed growth will be reduced. This method of weed control can be very successful in an area where established native plants are growing under a cover of nonnative species. !14/0155 Soil microorganisms are important for nutrient cycling; they process mulch and dead plant material into a form that is available for plant uptake. If these belowground organisms are not re-established, the aboveground plant communities will not become established. SOQ-KR-93632 Part I: Upland Communities 80 Attachment -2 Revegetation Techniques – Site Preparation

One type of soil microorganism that is especially crucial for the establishment of native plants in our semiarid ecosystems is mycorrhizal fungus. A mycorrhiza is the symbiotic (mutually beneficial) association between a plant root and a specific type of fungus. The fungus aids the plant in the uptake of soil nutrients and water, and receives carbohydrates from the plant in return. Many native Colorado plants that thrive in dry environments and low nutrient soils have mycorrhizae.

The most abundant mycorrhiza, vesicular-arbuscular (VA) mycorrhiza, increases drought tolerance and plant growth where water and nutrients are lacking. Unlike ectomycorrhizal fungi, which are used to inoculate trees for reforestation, there are no wide scale methods for the inoculation of VA mycorrhizal fungi.

There are three ways of adding these beneficial microorganisms into your restoration site.

1. The preferred method is salvaging the topsoil and following the advice given earlier for keeping it alive. 2. If topsoil is not available, adding organic matter can increase soil microorganisms and mycorrhizal development in the restoration site (Fresquez et al. 1982). One way to accomplish this may be to collect the top litter layer (decomposing dead plants) from a nearby, weed-free native plant community and work it into the topsoil of the project site. 3. Another strategy is to plant shrubs or clumps of other large plants that will capture topsoil and mycorrhizal spores transported by the wind.

Certain native plants are known to fix nitrogen in association with a bacterium. These are mostly legumes such as lupine (Lupinus spp.) or sweetvetch (Hedysarum boreale). They can be planted to enhance soil nitrogen levels. SOQ-KR-93632 Part I: Upland Communities 81 Attachment -2 Revegetation Techniques – Seeding and Planting

,*  

Native plantings may be established by natural revegetation of a site, by seeding, or by planting sod, cuttings, or bare root, containerized, or salvaged stock. Natural revegetation may be the best option when native plants are established near the site and when weeds do not seriously threaten to outcompete the native plants. Seeding is often less expensive and more practical than planting nursery stock on large areas. Planting may be more expensive, but it may be the best option in certain situations and may result in more rapid establishment. For many revegetation projects, a combination of planting and seeding will be the most practical approach and will produce the best results.

With either method, care should be taken in planning the arrangement of plant materials on the site. In the natural landscape, plants are rarely arranged in regular rows or monocultural (single species) stands like agricultural crops or in dense patches like horticultural plantings. Instead, plants may be distributed across the landscape in irregular patterns, with many species mixed together and occasional bare areas between plants. For revegetation projects, a more dense, regular cover may be desirable, but the natural landscape can still provide a good guide to planning. 

Seeding is one of the most commonly used techniques for establishing native plants because it is usually the most cost-effective. However, the establishment of seeded plant stands can be difficult. Patience and experience are normally required for success. Expect to wait three to five years before seeing significant results of a seeding project. Whenever possible, seeding should be used with planting, described later in this section.

Before planning a seeding operation, answer the following questions:

 Is seeding necessary?  Do undesirable plants dominate the site?  Is weed control practical?  Is the desired amount and type of seed available and affordable?  Does the site require additional preparation before the planting can be undertaken?

The answers to these questions will help you in determining the feasibility, timing, cost, and probability of success of your project. In some cases, enough sources of native seed will be present on the site and seeding may actually introduce undesired plant species or genetic variations. Proper management of the land can stimulate the native plants to reproduce and out compete undesired plants. In some areas, the law may require seeding of a disturbed site within a certain period to prevent erosion. Be sure to check with local agricultural and health agencies.

The variability of the soil and site conditions means that it is not possible to provide only one set of guidelines. Variation in soil, elevation, site exposure and climate may make establishment difficult. Plant establishment is more likely to be successful if locally adapted species are SOQ-KR-93632 Part I: Upland Communities 82 Attachment -2 Revegetation Techniques – Seeding and Planting properly seeded at the correct time (Horton 1989; R. Mandel, personal communication). Native seeds may be obtained by field collection or purchase.

  

Field collection of local seed has several advantages over purchasing seed: it can be very economical, it ensures that plantings are adapted to local environmental conditions, and it allows for use of species that may not be commercially available. Collecting seed is often most practical for small projects, but can be expanded for larger projects by collecting for several years or by collecting seeds and having them grown in a nursery. The following guidelines refer mainly to collection of seeds from plants with dry fruits that open at maturity. Collection of seeds from fleshy fruits or from fruits that do not open naturally may require different handling. See Young and Young (1986) for more information on seed collection, handling, and storage.

        

 Locate collection sites as near to the planting area as possible.  Identify several collection sites with different elevations, aspects, and geographic locations. Try to find sites separated by at least ¼ mile.  Obtain permission from the owner to collect seed.  Do not collect near sensitive plant sites, other environmentally sensitive areas, or weed infested areas. Avoid collecting weed seed.  Select seeds from at least 30 to 50 healthy, vigorous parent plants at each site. To allow for natural reproduction in the community, leave at least 2/3 of the available seeds.  Collect when seeds are mature, but before fruits shatter. Correct timing is important and may require observation of parent plants over several weeks. Seeds are usually mature if they feel hard and cannot easily be punctured by a thumbnail.  Be aware that many native plants will not produce a good crop of strong, viable seeds each year even if flowering seems vigorous. It is possible that efforts invested in seed collection will be repaid at a low level.

"    There are many techniques for hand harvesting. Some useful ones include the following:

 Cutting: Cut stems as close as possible below the seed head. A grass sickle is a good tool to use.  Stripping: Wearing gloves, pull along seed heads to dislodge seed into a container.  Shaking: Gently shake branches to dislodge seeds onto a tarp.

Separate collected seed or seedheads by species, place in paper bags, and label. If seed is going to be used for direct reseeding, a mix of species can be used.

Dry bags of collected seedheads in the sun for about a week with bags placed about two feet (0.5 m) apart, stirring every few days; or dry in a protected area indoors or outside, by spreading plant material in a thin layer on tarps, screens, wood or cardboard. Dry in a sunny area if the temperature is not over 90° F (32° C). Bring the seed under cover on moist or cool nights and cover with screens if needed to protect from losses by wind or birds. SOQ-KR-93632 Part I: Upland Communities 83 Attachment -2 Revegetation Techniques – Seeding and Planting

Clean seed by rubbing seedheads over a piece of 1/8 inch hardware cloth mounted in a wood frame. Dry again for another week in trays lined with newspaper. Cleaned seed can be stored for more than one year. For most species, freezing provides the best long term storage, but storage in a cool, dry environment may be adequate.

 " 

Native seed should be free of weeds, recently tested for the ability to germinate, and have a  Use caution when buying wildflower high germination rate. Some native species seed mixes. Make sure all species germinate best when seeds are several years are listed and all are native to old. Consider the following factors to obtain Colorado. the best possible seed:

 Plan seed orders early, at least 120 days prior to the planting time. This will allow sufficient time to design a seed mix that will perform properly and to check for availability and price.  Buy seed approximately 90 days prior to planned use. This will allow enough time to examine the seed tags and the seed.  Check the seed tags and bag labels to verify you are receiving what you ordered. Seed quality can be improved dramatically by requesting certified seed. How do you know that you are receiving the variety that you ordered? The only way to tell for certain is to receive your desired variety in the original bag with the Certified Seed Blue Tag.

To ensure receipt of Certified Seed, specify the following language on seed orders:

“Certified Seed with blue tags attached to the seed bag shall be supplied where a named variety is specified. The vendor shall indicate on the bid whether Certified or common seed is being offered, as well as the origin of the seed. The blue tags which are removed to mix the seed shall be given to the revegetation engineer. In addition, mix tags showing the weighted averages of the ingredients shall be attached to each bag.” (Dunne and Dunne1996)

 &  !=  != &   Buy seed by individual species, unmixed, whenever possible. Buying mixed seed may be more convenient for the buyer, but the buyer should be aware of the hidden risks.

 If Blue Tagged Certified Seed is specified in the mix, there is no way to assure that certified seed will be used. The buyer should ask for the blue tags removed from the bags of certified seed used in the mix.  The expensive component in the mix may actually be reduced while the cheaper component may be increased.  Lower quality, weedy lots can be blended into the mix.

If you do purchase mixes, send a good sample in for purity and germination testing to an AOSCA (National Association of Seed Certification Analysts) approved seed lab. SOQ-KR-93632 Part I: Upland Communities 84 Attachment -2 Revegetation Techniques – Seeding and Planting

   The two types of certified seed that a buyer is most likely to purchase are Blue Tagged Certified Seed and Yellow Tagged Source Identified Seed.

1. Certified Seed (Blue Tag): In the seed industry, Seed Certification is the means of maintaining the pedigree of a specific variety of seed, such as the named variety “Vaughn” which is a variety of sideoats grama. Each variety is released for propagation because it is deemed superior in one or more characteristics, such as seedling vigor, low dormancy, broad range of adaptability, seed production, forage production, form and color, or palatability. Each state has a seed certifying agency or crop improvement association that writes the rules for seed certification. Some seed growers voluntarily use certification to assure their customers of correctly identified, genetically pure seed. Blue Tagged Certified Seed must meet high purity and germination standards and have a low weed content, usually less than 0.25 percent. There are no standards for noncertified seed other than state limits on weed, which can be as high as two percent!

2. Source Identified Seed (Yellow Tag): There is a strong market for native plant materials, but there may not be certified ecotypes available due to a lack of breeding, low supply, or high cost. In many cases a buyer will accept native material if the material was harvested within a prescribed distance from its intended area of use. While the buyer may request the state and county of origin, state seed law only requires that the actual state of origin be on the label. To receive seed from the area you designate, it is advisable to request “Source Identified Seed” in order to ensure that a certification agency has verified the exact location from which the seed was harvested. Source Identified certification is in place in Colorado, New Mexico, Utah, Wyoming and Montana. The inspector travels to the collection site to verify the species, location (county, state, and elevation), the extent of noxious weeds present, and an estimate of the pounds collected on site. Yellow tags do not guarantee that the seed is free of noxious weeds. Buyers should refer to the vendor’s label for analysis and weed content, or better yet, test the seed themselves. If the seed is to be mixed by the vendor, the buyer should request that the vendor provide the yellow tags.

Take note of several questionable practices sometimes employed by disreputable seed dealers.

 An accepted practice in the seed industry is to label seed as “Variety Not Stated (VNS)” when the source is not known or where there is an oversupply of a particular variety. Some suppliers, however, have informed their customers that VNS seed is an elite type, but can not be labeled as such because of marketing restrictions. The supplier may sell this seed for a higher price than “Common Class” but less than the actual certified variety. Seed sold in this manner should be purchased as common since there is no proof as to its origin.  Seed is not certified unless there is a tag attached to the seed bag that clearly states: Certified Seed (Blue Tag) or Source Identified Seed (Yellow Tag). Do not be misled by suppliers who state that the “seed came from a certified field,” or “we don’t have the tags yet,” or “it’s just as good as certified.” Plain and simple, bags of certified seed have certified seed tags. SOQ-KR-93632 Part I: Upland Communities 85 Attachment -2 Revegetation Techniques – Seeding and Planting

Reputable seed companies will not use these practices, so it is worth your time to get to know which companies are ethical and Testing seed mixes instead of testing trustworthy. The only way to completely individual species of seeds is more ensure that what you receive is what you expensive and the results are less ordered is through proper sampling and reliable. testing (Dunne and Dunne 1996).

     Even though a bag may not have a blue tag, it may still contain the variety claimed. A seed lot may fail certification because

 Purity was slightly lower than the standard for that variety.  Seed suppliers may not go to the trouble and expense of having the field and cleaning plants inspected by the seed certifying agency since certified seed often does not command a much higher price than common seed. #5/02/2$/10 Certification for variety and genetic purity means that a seed lot meets high quality standards for purity and germination, and contains strictly limited amounts of other crop seed, weed seed, inert matter and diseased seed. Some seed of varieties in short supply may be labeled “Substandard” if quality factors other than varietal identity and genetic purity do not meet normal certification standards. In some restricted cases, when the substandard factor will not have a detrimental effect on your project, substandard seed may be acceptable for use. The substandard factor will be listed on the certification tag. (Horton 1989, USDA-NRCS 1992, Young 1994, Colorado Seed Growers Association 1996, R. Mandel, personal communication).

 &   In addition to the seed tags, bags of seed should come with an “Analysis Label.” Knowing how to read one will prove useful.

Accept only seed with a complete analysis label on the bag and a current germination test conducted by an accredited laboratory. In many states, seed cannot be legally sold without an analysis label. Analysis information and net weight may be written on the bag or on an attached tag. The bag should show at least the lot number. The information found on an analysis label includes: a) Variety and Kind: Kind is the species. The variety need not be stated, but if the seed is supposed to be a certain variety, this variety should be listed on the label. b) Purity: Purity is the actual proportion of seeds of the desired species present in the bagged material. Purity + inert matter + weed seed + other crop seed percentages must add up to 100 percent. Graminoid seed should contain no more than 10 to 15 percent inert matter or it will be difficult to plant. Even if the percentage of inert matter is low, seed should not contain pieces of stem or unthreshed clusters that will block passage through a drill. The acceptable purity and inert matter for shrubs and forbs will vary by species and by state. To find out the standards for a given species in Colorado you should contact the Colorado Seed Growers Association at (970) 491-6202 or a National SOQ-KR-93632 Part I: Upland Communities 86 Attachment -2 Revegetation Techniques – Seeding and Planting

Association of Official Seed Certification Analysts (AOSCA) approved seed testing laboratory. c) Weed Seed: The analysis should indicate that no noxious weed seeds are present (see Appendix III, page 227). The name and number of seeds per pound of any restricted weeds must be listed on the label. In Colorado the number of restricted weed seeds allowed varies by certification class and species. The general grass seed standards for Colorado are the following:

/)* 0/ /552/02/25/2 Factor Maximum Permitted for Certified Seed Prohibited noxious weeds None Restricted noxious weeds 6 per lb Total other crop seed 1.00% Other varieties 1.00% Other inseparable spp. 0.25% In graminoid for forage use 0.50%

NOTE: “Other varieties” and “Other inseparable spp.” may include aggressive nonnatives that, even in allowed small amounts may pose a long term problem in the reestablishment of native vegetation.

NOTE: Each state has different lists of prohibited noxious weeds and restricted noxious weeds. If you are buying seed from out of state or if the origin of your seed is from out of state, request that the seed be tested with an “All-States Noxious Weed Exam.” Colorado state law only requires that Colorado seed testing labs report weeds considered noxious in Colorado. Reputable seed companies will test their own lots of seed regardless of origin and will list for which states they tested noxious weeds. Unscrupulous seed companies may list seed as originating from out-of-state to circumvent Colorado seed laws. Again, the only way to be sure you are not getting a noxious weed in your seed is to test the seed yourself. Although certified seed is worth buying, it does not guarantee that the seed is weed free.

For specific information you should contact the Colorado Seed Growers Association at (970) 491-6202 or an AOSCA (National Association of Official Seed Certification Analysts) approved testing laboratory.

d) Germination: Total germination may include the sum of all seeds germinated plus hard seed and dormant seed. Dormant seed is viable but requires time or a physiological stimulus to induce germination. Hard seed is alive but has a thick seed coat that must be scarified, either mechanically, thermally or biologically, before it will germinate. The higher the total germination, the better the seed quality. In general, the germination of a given graminoid species should not be lower than 60 percent, while the germination percentages for various shrub and forb types vary widely by species.

Total germination may be given as a percent followed by “TZ”, which means that a staining technique with tetrazolium chloride was used to evaluate seed viability. While this technique can be an acceptable substitute for a germination test, it provides no information about the percentage of hard or dormant seed present. In addition, a TZ test SOQ-KR-93632 Part I: Upland Communities 87 Attachment -2 Revegetation Techniques – Seeding and Planting

is only as good as the experience of the analyst who administers the test. There are many variables that can give a positive or negative TZ viability indication.

Under Colorado state law, if the seed has been grown in and sold in Colorado, it must have had a germination test within the last year of its date of sale. If the seed has been grown outside of Colorado and is to be brought into the state or if the seed has been grown within Colorado and is to be shipped outside of the state, it must be germination tested within 5 months of its date of sale.

e) Pure Live Seed (PLS): Most species are sold on a PLS basis, with the price adjusted accordingly. PLS equals the percent purity times percent germination. When given a choice between buying on a PLS or bulk basis, PLS is always preferable.

How To Use PLS If your plan calls for a specific weight of PLS seed per acre, how much bulk seed is needed? To calculate, divide the PLS percentage into the number of pounds recommended. For example, you want to plant 5 pounds PLS of bluebunch wheatgrass per acre. The analysis label indicates 85 percent pure seed and 79 percent total germination; 0.85 x 0.79 = 0.67 PLS. Divide 0.67 into 5 pounds per acre and you find that 7.5 pounds of bulk bluebunch wheatgrass seed is required to plant 5 pounds PLS per acre.

 

Testing seed is the only way to insure the quality of the seed (purity and viability), that you received what you ordered and that no undesirable species are present.

Purity tests will show the percentages of crop, weed and inert matter (material other than seed such as stems or chaff), and tell you if the percentage of each species in the mix meets the standards you ordered.

The terms germination and viability are sometimes used interchangeably, but do not have the same meaning. A germination test will determine how seeds perform under favorable conditions (which are seldom encountered in the field); however, some seeds are dormant and do not germinate even though they are still alive. Dormant seeds have the potential to germinate if dormancy is broken, usually through time and/or physiological stimulus. A viability test will tell you the sum of the percent germinated and percent dormant seeds in a seed lot, providing information on the potential germination of the lot.

Proper seed sampling is very important. The test results received can be no better than the sample sent in. Samples should be sent to a seed lab that tests according to the standards established by AOSCA. SOQ-KR-93632 Part I: Upland Communities 88 Attachment -2 Revegetation Techniques – Seeding and Planting

       !   To secure a representative seed sample, equal portions should be taken from evenly distributed parts of the quantity of seed to be sampled.  For free-flowing seed in bags or bulk, a probe or tier should be used.  For non-free-flowing seed, such as certain graminoid seed, uncleaned seed, screenings, or other seed difficult to sample with a probe or tier, sampling should be done by thrusting one’s hand into the bulk and withdrawing representative portions. If the seed has been chemically treated, be sure to wear protective equipment. When a sample is taken with the hand the following procedure should be used: 1. Insert the hand flat and with the fingers together. 2. Keep the fingers together as the hand is closed and withdrawn. 3. Hand samples should be taken from various locations in bags or in bulk.  Composite samples should be obtained in order to determine the overall quality of a seed lot, including factors such as percentage of pure seed, other crop seed, weed seed, inert matter, noxious weed seed, germination, varietal purity, freedom from disease, and effectiveness of seed treatment.  Individual bag samples may be obtained to determine whether or not the seed is of uniform quality.

E  !!  For a composite sample to test for quality (purity, germination, and noxious weed examination), the sample should contain a minimum of 2500 seeds. Samples can be compiled by carefully weighing a smaller number of seeds and multiplying to obtain the total weight of seed required. Sample weights may vary from a few ounces for very small seeds to several pounds for large seeds. Always contact the testing lab for specific requirements before submitting a sample. To test for uniformity, the size of any individual-bag samples should be no smaller than the amounts specified for composite samples.

     The following Colorado laboratories are approved by AOSCA to test certified seed.

Colorado Seed Laboratory STA Laboratories, Agricultural Testing Services E-10 Plant Science Bldg. 630 S. Sunset St. Colorado State University Longmont, CO 80501 Ft. Collins, CO 80523 (970) 651-6417 (970) 491-6406 1-800-426-9124

Some seed companies have their own seed testing laboratories that are allowed to test and label uncertified seed only. SOQ-KR-93632 Part I: Upland Communities 89 Attachment -2 Revegetation Techniques – Seeding and Planting

 "D 

!  When seed is planted in nonirrigated conditions, the planting season must be chosen to take advantage of natural moisture. Seeding success is greatly influenced by temperature and precipitation; the best germination occurrs when temperatures are above freezing and precipitation is high. In Colorado, seasons that reflect these conditions for cool season species are usually the early spring and late fall; seeding should not be done when the ground is frozen. For warm season species, seeding in late spring or early summer is more likely to accompany temperatures warm enough to support germination. For most sites, proper seeding time is dependent on

 A period of adequate moisture for seed germination.  A period of adequate moisture for early seedling growth and establishment.  Adequate soil temperatures for seed growth (Ostler and Allred 1987).

It is important to seed a site as soon as final grading and topsoil placement have occurred to minimize erosion and weed establishment on the project. During periods of time when seeding cannot be accomplished, soils should not remain unprotected. See the Site Preparation section (beginning on page 75) for suggestions on how to accomplish this.

 !"  There are three primary seeding methods: drilling, broadcasting and hydroseeding. The best method to use will depend on

 Site accessibility and terrain Percent slope, aspect, soil type and microclimates  Seedbed characteristics will influence the moisture and temperature of a  Time of seeding site and should be considered when determining the seeding window for the project. 12104

 Proven high revegetation rates.  Most successful on slopes 3:1 or flatter.  Preferred because seed depths and seeding rates can be more closely controlled.  Seed-soil contact is high, which maximizes germination results.  Drill seeding cannot be accomplished where soils are extremely rocky or slopes are steep.  Unless specially modified drills are used, all seeds, regardless of size, will be planted at the same depth; the smallest seeds are likely to be planted too deep.  Seeds drilled in rows may suffer from high interseedling competition.  Drill seeding leaves “rows” which often persist for many years (or even decades on dry sites); this may be a visual or aesthetic liability.

The following components are required in a drill suitable for general use in native seeding:

 Multiple seed boxes for different types of seed (agitators and picker wheels in at least one box for fluffy seed). SOQ-KR-93632 Part I: Upland Communities 90 Attachment -2 Revegetation Techniques – Seeding and Planting

 Double disc furrow openers  Intact depth bands with functioning scrapers on all disc openers to ensure consistent, uniform seed depth placement  Seed tubes, which drop between disc openers, large enough to handle fluffy seed  Packer wheels with adjustable tension, to provide proper soil compaction over and adjacent to the seed  Coulter wheels to allow penetration of furrow openers where seeding into heavy mulch or cover crop.

Tips For Drill Seeding In general, seeding to a depth of 0.25 to 0.5 inches (0.6 to 1.3 centimeters) should be adequate. Seeding should be conducted along the contour to avoid erosion from water flowing down drill furrows.

Greater success can often be achieved with smaller grass seed and forbs by placing them in a separate seed box and alternating the seeding depth between rows or dropping them directly on the ground to be covered by the action of heavy, trailing chains.

/2/52104 Careful attention to seedbed preparation is critical, especially harrowing/raking both before and after seeding.

 Can be used on slopes that are steep, extremely rocky, remote or inaccessible.  The variable planting depths that result from broadcast seeding allows better establishment of smaller seeds than with drill seeding.  Resulting vegetation not in “rows”, which is more aesthetically acceptable on many sites.  If broadcasting is not performed correctly, germination and seedling establishment tends to be slower with this method.  Broadcast seeding requires double or triple the seeding rate of drill seeding, and calibration of seeding rates is less precise than with drill seeding

Tips For Broadcast Seeding Soils “accept” broadcast seed much better if they have been very recently raked or harrowed to eliminate crusting. After broadcasting the seed, cover the seed by harrowing, chaining, raking or using a similar technique. Raking or harrowing immediately before and after broadcast is highly recommended.

Care should be taken when seeding to provide uniform coverage (even seed application rates) over the site. Seeding should not be attempted on windy days. SOQ-KR-93632 Part I: Upland Communities 91 Attachment -2 Revegetation Techniques – Seeding and Planting

"8252104 The hydroseeder consists of a water tanker with a special pump and agitation device to apply the seed under pressure in a water slurry. Seed is sprayed on a roughened slope using a hydroseeding machine.

 The water spray can reach areas that are inaccessible by drilling methods.  The results of hydroseeding are less satisfactory than the results of drill or broadcast seeding because the seed does not make a good soil to seed contact. As a result, fewer seeds germinate. In addition, the slurry mix often rolls off the steep, hard slopes it is applied to, leaving very eratic and uneven distribution of seed.  As a rule of thumb, hydroseeding in areas receiving less than 20 inches (51 cm) of precipitation will be unsuccessful.  Hydroseeding is dependent on local water supply for the hydroseeding slurry.

Tips For Hydroseeding Hydroseeding may be a good choice for seed that needs sunlight for germination, such as sand dropseed and sagebrush. However, its use should be limited to steep, inaccessible slopes in areas with adequate and dependable moisture during the growing season.  Be aware that the sheet flow of sprayed water on steep, impermeable slopes may wash the seeds off the slope.

Hydromulching should occur as a separate process after hydroseeding. Do not mix seed and mulch together in one water application process because this will prevent seeds from coming into contact with the soil.

  "D 

After seeding, most sites will benefit from placement of a protective mulch cover. Such covers protect soil and seeds from erosion by wind and water, and conserve soil moisture from the effects of wind and sun. To be effective, mulches must cover the ground nearly completely and have sufficient durability to survive until the seeds germinate.

! "& In general, mulch should be applied immediately after seeding to protect seed and to avoid disturbing germinating seeds. The following are commonly used mulch types: "/8

 These materials are often relatively inexpensive to apply.  Native grass hay may be available in some areas.  May introduce undesirable weeds or nonnatives that will destroy carefully planned and acquired native plantings.  Weed content of such material must be very carefully monitored and controlled by inspection and certification as required in project specifications. SOQ-KR-93632 Part I: Upland Communities 92 Attachment -2 Revegetation Techniques – Seeding and Planting

 Straw is often used for this purpose, but the almost inevitable inclusion of grain seed in straw materials makes the use of straw highly inadvisable because of the competition that results from germinating grain plants.  Do not use hay of nonnative species such as smooth brome that may germinate and compete with seeded natives.

For hay mulch, a list of certified weed-free hay producers is available from the Colorado Department of Agriculture. The list can be faxed or mailed to interested parties.

Colorado Department of Agriculture Division of Plant Industry 700 Kipling Street, Suite 4000 Lakewood, Colorado 80215 303-239-4149

Tips For Using Hay Mulch In general, hay mulches are more durable the longer the average unbroken stem length. Loose hay is usually highly susceptible to being blown off the surface in most Colorado sites. To counteract this shortcoming, hay is often “crimped” into the soil surface by using a modified disc plow to jam the hay stems into the soil. This does little directly to enhance or stabilize the important cover function of mulch but it can mimic the effects of reducing surface wind speeds and soil desiccation that stubble mulch provides.

Durability of the applied mulch cover is also enhanced by addition of organic tackifier products that “glue” (at least temporarily) the hay to itself and to the ground. When used, hay is typically applied at the rate of 3,000 to 4,000 pounds per acre (3360- 4480 kg/ha).

/02!375 Annual grasses, such as sterile forage sorghums, sudan, or forage millets, are planted the growing season prior to permanent seeding. After crop maturation, native seeds are sown into the residual standing dead material. This method differs distinctly from use of a “nurse crop” in which the annual grain and the perennial mix are planted simultaneously. The “nurse” usually ends up out competing the slow-growing perennials. In a relatively few locations, where moisture can be anticipated to be sufficient to support both the nurse crop and the native seedlings, the method may be beneficial.

 Very cost effective method of providing mulch cover.  Potential for rill erosion.  Not recommended for steep slopes. SOQ-KR-93632 Part I: Upland Communities 93 Attachment -2 Revegetation Techniques – Seeding and Planting

Tips For Planted Stubble Mulch Crops Wheat, rye, and barley should not be used unless they will be mowed before seed maturity, since they produce seed that will compete with the seeded native species.

The annual forage graminoids must be mown prior to seed maturation to prevent reseeding and allow easier drilling of the permanent seed. Planting into such cover requires a grass or no-till seed drill equipped to handle low tillage and high “trash” conditions.

Stubble mulch is most appropriate on low-slope sites because water erosion control capabilities of such covers are limited. Steep slopes such as highway embankments require very intensive efforts and careful species selection to control erosion.

"823 Wood fibers are mixed into a water slurry and sprayed onto the ground surface to apply a mulch coating of varying thickness. Hydromulch should be applied separately following seed application. The hydromulch mix is often colored green to assist operators in applying an even cover during spraying. The green color usually fades to tan or gray within a few weeks.

 Overspraying may result in erosion.  Substantially more expensive than other mulch types.

Tips For Using Hydromulch An organic tackifier is typically added to the slurry to enhance the durability of the applied mulch cover.

Although typically applied at a rate of approximately 1,500 pounds per acre (1680 kg/ha), it is more effective at a rate of 3,000 pounds per acre (3360 kg/ha) with a guar gum tackifier.

0221!/1C Bonded fiber matrix is a relatively new product. It is essentially a spray-on mat consisting of a continuous layer of elongated fiber strands held together by a water-resistant bonding agent which creates a very durable and ground-fitting cover.

 Bonded fiber matrix is especially useful where steep and very rocky surface conditions would make the use of mats ineffective. SOQ-KR-93632 Part I: Upland Communities 94 Attachment -2 Revegetation Techniques – Seeding and Planting

 Great care must be exercised by trained technicians to apply the correct ammount of Tip For Using Bonded Fiber Matrix material. A continuous cover is needed to The key is to find a certified contractor create the integrated shell, but if the who knows how to apply the material material is applied too thickly it can prevent appropriately. penetration of seedling shoots.

5100!/5/0G5 There are a large variety of mats which can perform the function of mulch. Mats composed of aspen shavings attached to or sandwiched between one or two plastic nets have long been used with good success. There are also many mats comprised of different combinations of coconut fiber, straw and other materials that double as both mulch and erosion control.

 Erosion control mats are generally expensive (although the least expensive are similar to bonded fiber matrix).  Installation on rough ground is less efficient because the mulch to ground contact is poor compared to other mulches. Where the surface is very rocky, material ends up suspended above most of the surface stretched between protruding rock “peaks.”  Some mats have unsightly plastic netting that does not biodegrade and can be stripped off in large pieces by wind or wildlife.  Plastic netting has been reported to trap snakes, whose scales become snagged on the monofilament netting.  Paper mats are not recommended in Colorado. They have a tendency to form a paper- mâché-like crust which makes it difficult for plants to sprout.

Appendix VI (on page 253) lists erosion control products and suppliers.

Tips For using Erosion Control Mats

Biodegradable netting (not to be confused with “photodegradable” plastic netting) is available from some manufacturers at a slightly higher cost.

Mats are most cost-effective when used on areas where erosion potential is high and the site surface is relatively smooth. SOQ-KR-93632 Part I: Upland Communities 95 Attachment -2 Revegetation Techniques – Seeding and Planting

 

Planting can compliment seeding efforts and increase the overall success of a restoration project and should not be overlooked because of the initial higher cost. Planting will be most desirable and cost effective when

 The desired species are difficult to establish from seed, unavailable, or the only seed sources available have low germination rates.  The revegetation site is highly erodible or quick results are needed for aesthetic reasons.  The revegetation site has abnormally stressful environmental conditions, such as extremely low nutrients, alkalinity, salinity, erosion potential or a short growing season.  The existing plant community will present severe competition during seedling establishment.  A need for more rapid plant establishment exists than can be met through seeding.

If planting is limited by budget constraints, fewer plants may be used by creating islands of more mature plants, with the following results:

 A more diverse and natural looking landscape. In general, site establishment from  A central, established stand of native plants plants is far more rapid than from seed. which can reproduce and spread. (Ostler and Allred 1987, R. Mandel,  Creation of habitat for wildlife. personal communication).

 Be aware that nursery stock is costly, and that a successful project will require additional effort and investment to protect planted stock from both wildlife predation and competition from other vegetation (see Protection of Plantings on page 98).

There are two basic options for obtaining native plant materials: 1) purchasing stock from a nursery, or 2) collecting or salvaging plants in the wild, either from the site itself before it is disturbed or from near-by areas.

 !  

    E Bareroot and containerized plants are common types of transplant stock usually purchased from a nursery. If you are purchasing plant materials from a commercial supplier, the decision to use bareroot or containerized stock should be based on the information summarized in Table 4 below.

With containerized stock, the choice of container size and shape should be based on

 Species.  Seedling size and growth tendencies.  Characteristics of the site to be planted.  Economics. SOQ-KR-93632 Part I: Upland Communities 96 Attachment -2 Revegetation Techniques – Seeding and Planting

Larger containers are more expensive to purchase, transport, store, handle and Ideal ages of containerized stock transplant. However, post-transplant growth has been shown to increase with container sizes. herbaceous plants 1 to 3 years In addition, deeper containers are less likely to woody plants/shrubs 3 to 5 years result in root spiraling for tap-rooted species. trees 5 to 10 years Finally, as a whole, larger stock performs better under more adverse site conditions (Landis and Simonich 1984).

/,*/A50/101F2/0104G

/ 0/101F2

Species types Shallow root systems Deeper or tap-rooted systems

Processing and planting Require greater care and Shorter production periods and planning during shipping, increased survival after storage, handling, and planting. transplanting due to less root disturbance during processing.

Require irrigated or moist soils. Perform better on adverse sites, especially in rocky or high-stress areas.

Processing and planting Lack the advantage of being Established with their own soil to established with their own soil. which beneficial amendments can be added before planting at the site.

Scheduling Must be either harvested in late Can be established during the fall, after the onset of dormancy, spring or fall or any other time of and held over the winter in cold the year when there is adequate storage or harvested early in the moisture and favorable site spring, before the onset of leaf conditions. emergence, and directly planted to the field.

The time from nursery The time from nursery establishment to lifting varies establishment to lifting averages from approximately 1 to 3 years. less than 2 years.

Cost Cost less and, as a consequence More expensive to produce and of their relatively lighter weight, ship. are less expensive to ship. (Landis and Simonich 1984, Shaw 1984, Ostler and Allred 1987) SOQ-KR-93632 Part I: Upland Communities 97 Attachment -2 Revegetation Techniques – Seeding and Planting

2104021A8 Order bareroot or containerized seedlings from 1 to 4 years in advance of the planting date. In general, containerized seedlings should be ordered from between 1 to 2 years prior to planting; bareroot seedlings should be ordered from 2 to 4 years prior to planting (Townsend et al. 1993, Shaw 1984). Advanced planning and ordering will ensure the availability of desired species and proper hardening of the stock. In addition to their standard stock, some nurseries offer custom growing and may be able to propagate materials that are collected from the project site. However, custom grown materials have a higher initial purchase cost and may require additional production time as well as an initial contract and down payment (Townsend et al. 1993).

Upon receipt, all containerized stock should be examined to ensure

 It has a root system adequate to hold the ball together but is not root bound.  It is adequately hardened.

Hardening is the process of plant adjustment to cold temperatures. During hardening, a seedling’s growth is reduced, stored carbohydrates accumulate, and the plant becomes more able to withstand adverse conditions. Hardening is a gradual process, accomplished by reducing the supply of moisture, altering the nutrient balance, reducing the temperature, and increasing the seedling’s exposure to direct sunlight as well as to other environmental conditions typical of the planting site. If conditions at the planting site are much different from those at the nursery, site hardening may also be beneficial. The hardening process can not be rushed or accomplished at the last minute. Seedlings which are stressed just prior to establishment have reduced survival rates (Ostler and Allred 1987).

The handling and transportation of bareroot materials must be more carefully planned than that for containerized materials due to their exposed root mass (Shaw 1984, Ostler and Allred 1987). Most nurseries package their seedlings prior to delivery in order to protect their materials during shipping and handling. Seedlings are usually shipped either via express transportation services or in enclosed, refrigerated vehicles. Shipment should not be made in open vehicles or trailers to prevent desiccation and wind damage (Townsend et al. 1993).

The physiological state of the plants should be examined upon delivery. Potential dormancy problems can be indicated by:

 Elongated buds.  Leaf emergence.  Root growth and/or elongation of white root buds.  Root molds (not to be confused with mycorrhizae).

The seedlings should also be examined for their moisture level, which can be determined by observing the root condition, the twig, needle or root flexibility, and the overall appearance (Townsend et al. 1993). SOQ-KR-93632 Part I: Upland Communities 98 Attachment -2 Revegetation Techniques – Seeding and Planting

 Any damage or deficiencies in the stock should be immediately reported to the nursery and/or contractor from whom it was received. If deficiencies occur in the number of plants shipped or the packaging or transportation procedures, the nursery should be able to correct the problem. If serious problems are noted for the received materials, they should not be planted and should be classified as cull stock. Again, in such case, contact your nursery and/or contractor to correct the problem before payment is made (Townsend et al. 1993). 10B/01045

 Nursery plantings, especially shrubs, trees and weaker forbs/grasses, will suffer from competition from other vegetation unless they are properly protected. Use a square or circle of landscape cloth or similar material up to 9 ft2 (1m2) and cover with mulch to moderate soil temperature rise and extend the life of the cloth.  At many sites, protective tubes or cages should be installed on trees and shrubs to protect them from wildlife predation until they are well established.

   An alternative to purchasing plants is to collect them in the wild (refered to herein as “salvage”). Salvaging native plants is ideal because 1) locally-adapted plants are “recycled,” 2) success of transplant survival can be high when the native soil accompanies the salvaged plant, and 3) salvaged plants can be more cost effective than purchased plants, especially for projects with limited budgets but plenty of labor (paid or volunteer). Salvaged plants can either be directly transplanted onto another site or potted and tended until the next planting season.

 Salvaging from areas that have noxious weeds or undesirable plants should be avoided. H1104/A/42/05 There are several ways to obtain salvaged plant material.

 Native plants or sod on sites slated for development can be salvaged. This method requires some advanced knowledge of construction areas and planning for the destination of salvaged plants.  Small numbers of plants may be transplanted from sites ecologically similar to the revegetation site. Do not remove too many individual plants when collecting from such sites. This method is suitable for small restoration projects only.  If you are planning your revegetation project in advance of the site being disturbed, plants can be salvaged from the site itself. 3//A/4 Some experimentation may be necessary to determine which native plants are best for salvage; here are some general guidelines.

 Plants that reproduce through vegetative sprouting (root shoots) should be ideal for salvaging.  Native plants that grow in disturbed areas have been found to be particularly suited for transplanting (Goeldner 1995).

SOQ-KR-93632 Part I: Upland Communities 99 Attachment -2 Revegetation Techniques – Seeding and Planting

 Plants with taproots and extensive root systems are least likely to tolerate transplanting.  Diseased or weak plants should be avoided.

Native salvaged seedlings should be provided with as much of a competitive edge as possible.

 Direct transplants should be watered at the time of transplanting, and will benefit greatly from supplemental waterings. Generally, direct transplants will require at least one year of regular waterings. A soaking once every three weeks should be sufficient in cool weather, with increased waterings during warm periods.  Dormant plants that are potted need to be watered periodically through the dormant season. A soaking once every three weeks should be sufficient in cool weather. Increase waterings during warm spells.  All salvaged plants should be weeded to prevent contamination from the donor site.  For wetland plants, water is more critical than soil in plant salvage since wetland plants do not rely on soil microbes and mycorrhizae for survival. Bareroot plants from wetlands can be salvaged and even stored for short periods of time if the plants are kept cool and in a shallow bucket or pool of water. Wetland plants can also be salvaged and transplanted in the summer months as long as the salvaged plants are transplanted directly into wet or moist soils. 30/A/4 The ideal time to salvage plants is from October to April. Plants can be salvaged at other times of the year if one-third to two-thirds of the plant is cut back and a good rootball is saved and kept moist. A typical salvage day might consist of digging up plants in the morning and transplanting on another site or potting the plants in the afternoon.

Any plants held over the dormant season or held in a temporary salvage nursery should be transplanted as soon as possible to increase the survival of the salvaged plants. If plants are dug up when dormant, they can also be “heeled in” in a pile of mulch or soil, and kept moist until they are transplanted. Dormant plants that are potted will need to be watered periodically through the dormant season.

Salvage when the soil is moist. If salvaging While cuttings, sodding, and plant by hand, transport plants or chunks of sod in salvage are all valid means of site plastic grocery bags or moist burlap bags to establishment, they are less conserve water. Heavy machinery can be commonly used for upland species used to move large areas of sod or clumps of reintroduction than are containerized shrubs. or bareroot stock.

   Some native planting stock is more easily and cheaply produced from cuttings. Cuttings can also be used to maintain the genetic identity and desirable traits of parent material. Plants can be propagated from cuttings as poles, wattles (fascines) or whips. Poles, wattles/fascines and whips are techniques used primarily with cottonwood, poplar and willow propagation for riparian stabilization and restoration (Mandel 1990, R. Mandel, personal communication). SOQ-KR-93632 Part I: Upland Communities 100 Attachment -2 Revegetation Techniques – Seeding and Planting

When roots form, the cuttings should be transplanted to containers. After several months of greenhouse acclimation, the transplanted cuttings should be gradually hardened off and used as containerized stock for transplant establishment (Mandel 1990).

  The use of sod is confined to rhizomatous and stoloniferous graminoids. It is not well-suited for use with bunchgrass. Sodding with native species is an effective means of providing rapid plant establishment on critical slopes, grassed waterways, reconstructed drainages, and other priority areas. Sodding can also be used when a desired species produces little viable seed (e.g., inland saltgrass) (Shaw 1984).

Native sod (usually buffalograss) can be purchased from a commercial vendor or can be salvaged (see below). Watering will most likely be required for sod to be successfully established.

  "D 

All stock, whether purchased or salvaged, should be handled as little as possible before transplanting. Even a few minutes “Heeling in” consists of digging a trench with a sloped side, laying the plants at a 45 of root exposure or extended shoot degree angle, and placing soil over the root exposure to warm temperatures and/or high ball to provide winter protection. This winds can result in plant damage and system provides more even soil moisture reduced survival. Only the minimum within the ball and prevents the root system number of seedlings necessary to complete from freezing during low temperature a designated section of the planting should periods. Water thoroughly, especially if the be removed from their soil is dry. containers/packaging at any one time (Townsend et al. 1993).

   Ideally the planting site will be fully prepared and all personnel ready to begin planting when seedlings are delivered. Short-term (under two weeks) storage at the planting site can be facilitated by “heeling in” bareroot materials or by constructing a temporary storage facility for containerized stock.

 Heeling-in must be done in such a manner as to ensure good soil coverage and protection from moisture loss. Roots should be adequately covered with soil to the root stem, tamped-in, and immediately watered (Townsend et al. 1993).  All materials should be stored in a fenced area which minimizes the chances for damage from humans, birds or animals and should be adequately watered and protected from excess sun, wind and cold.  Transplanting stock should be checked daily for moisture, cold-tolerance, insect or animal damage, and disease.  With proper timing, most deciduous species can be safely stored for more than 90 days.  Plants which are stored for extended periods should have adequate root ventilation to minimize heat build-up from respiration (Townsend et al. 1993, Shaw 1984, Ostler and Allred 1987, Landis and Simonich 1984). SOQ-KR-93632 Part I: Upland Communities 101 Attachment -2 Revegetation Techniques – Seeding and Planting

 Fall-lifted bareroot transplants can be over-wintered in an appropriate cold storage facility. Proper cold storage involves over-wintering dormant transplants between 34° and 40° Fahrenheit (1°- 4° C) and at approximately 86 percent relative humidity.

 Some species, especially those with persistent leaves, can not be stored for more than one week without risking damage and/or mold infestation.

  All temperate western plantings require supplemental moisture at the time of planting, unless they are being transplanted into a wetland or riparian habitat. Whenever possible, soil moisture reserves should be built up prior to plant establishment. This can be accomplished through the use of irrigation and/or snow-fencing on the windward side of the planting area (Townsend et al. 1993). As a general rule, properly hardened transplants should be planted in early spring, as soon as the ground has thawed and while moisture is available.

In general, larger sized or bareroot and salvaged materials will require more moisture than smaller sized and commercially obtained containerized seedlings. At least two quarts (1.9 l) of water per bareroot tubeling and at least one gallon (3.8 l) of water per containerized plant will be needed.

  Planting holes may be made with motor-driven augers, planting bars, hoedads, picks, shovels In addition to providing moisture or other means. To avoid drying out the soil, and reducing transplant stress, the do not excavate holes too far in advance of supplemental water will assist in plant establishment. Holes must be deep packing soil around the enough to allow roots to penetrate into the soil transplanted root systems and and wide enough so that the roots will drop in eliminating any remaining air at approximately their natural form. However, pockets, ensuring good soil to root to minimize labor costs, excavation time, and contact (Ostler and Allred 1987, Townsend et al. 1993, R. Mandel, moisture loss, hole size should not be any personal communication). larger than necessary.

Place transplants quickly but carefully into the holes to minimize drying the roots. Insert plants into the hole as close to vertical as possible. Plant roots should not be bent, kinked or tangled, or bunched up at the bottom of the hole. Once the seedling is placed in the hole, pack the soil firmly around the root in order to avoid air pockets. Be careful not to mash the roots between the tamped soil and the surrounding substrate. The soil line should be maintained 0.5 to 1 inch (1.3 to 2.5 cm) above the root plug.

To assure good soil to root contact and minimize air pockets, all transplants should be irrigated at the time of establishment. At least two quarts (1.9 l) of water should be used per tubeling and at least one gallon (3.8 l) of water should be used per containerized plant (Townsend et al. 1993, Ostler and Allred 1987). SOQ-KR-93632 Part I: Upland Communities 102 Attachment -2 Revegetation Techniques – Seeding and Planting

/0104 0775 Working on steep slopes requires that planters begin at the top of the slope and traverse, eventually working downslope. Do not work below another planter; they may dislodge soil which will bury the plants below. The positioning of transplants on steep slopes is critical. Form precipitation catchment basins approximately 12 inches (30 cm) in diameter around each transplant to trap additional water and prevent soil erosion around the plant. Scrape the area directly up-slope from the planting hole with a hoedad or shovel to remove excess soil which might slough off and bury the seedling. Position the hole near the outer lip of the basin to prevent the plant from being covered by soil eroding from above or exposure of the roots by erosion. Align the crown of the transplanted plug with the plane of the undisturbed slope. Again, to assure good soil to root contact and to minimize air pockets, all transplants should be irrigated at the time of establishment (Ostler and Allred 1987). 11F Test the soil from the planting site before adding any amendments. Once you have determined the actual site nutrient conditions, compare these conditions with those considered optimum, if that information exists for the species involved. The available literature differs on its opinions concerning fertilizer use at the time of transplanting. Ostler and Allred (1987) state that Osmocote tablets, a commercial slow-release fertilizer, should be included at the bottom of the transplanting hole to assist with establishment. Wallace (1987) and Mandel (personal communication) report that many native species, especially those with increased drought tolerance, react adversely to fertilizer use at the time of establishment. With such species, even mild fertilization can cause root-dieback and shoot burning. It is also an excellent idea to consult with a nursery, a plant ecologist, or the Natural Resource Conservation Service (NRCS) in order to determine the specific requirements (Wallace 1987, R. Mandel, personal communication). SOQ-KR-93632 Part I: Upland Communities 103 Attachment -2 Revegetation Techniques - Monitoring and Stewardship

-*!   I  "

The objective of monitoring is to identify problems that could prevent or interfere with a successful outcome of the project. The goal of stewardship is to ensure that site management alleviates these problems and maintains desired site conditions. The fact that restoration projects are resource intensive in the early stages makes it easy to overlook the potential ongoing costs of monitoring and stewardship. Landowners and managers often commit most of their financial resources to planning a project, procuring the equipment and plant materials, and planting the area. Frequently, little thought is given to the wide variety of problems that can arise after the last seed is sown or shrub is planted, and this oversight can lead to project failure. Monitoring and stewardship are indispensable and cost-effective components of revegetation projects, without which a potentially successful project can deteriorate into a patch of noxious weeds or an eroded gully. For more specific information on evaluating project success, see Chambers and Wade (1990). !  

If a restored site is never monitored once the initial work has been completed, there is no assurance that the final landscape will match the landowner’s vision for the area, and no chance to learn from the results. Successful monitoring should include

 Awareness of potential problems.  Use of monitoring techniques and frequencies appropriate to the site.  Detailed summary of information gathered through monitoring, as an aid to the preparation of stewardship plans.  Means to confirm the effectiveness of management/stewardship actions.

    !

Factors which can interfere with the desired outcome of a revegetation project after initial revegetation work is complete include the following:

 The establishment or re-establishment of nonnative invasive species from remnant roots or from an existing seedbank.  Preferential foraging by wildlife which may overwhelm the vegetation’s ability to recover or selectively alter species composition.  Erosion caused by sudden or steady influxes of water or wind that can damage plant materials and the soil base.  Acts of nature such as flooding, windstorm, hail, etc. which severely damage restored areas.  Failure or lack of vigor in introduced plantings.  Unexpected successional changes that shift species composition or abundance.  Unfavorable amounts of moisture (too little, too much, or wrong time of year).  Damage resulting from human trespass.

Frequent monitoring can detect potential problems in time to rectify or mitigate them. SOQ-KR-93632 Part I: Upland Communities 104 Attachment -2 Revegetation Techniques - Monitoring and Stewardship

Preventing Potential Problems

There are a number of steps taken during site preparation and revegetation that can minimize the potential for problems to arise once initial restoration efforts are completed

 Removal of biennial and perennial weeds and the use of certified weed-free plant materials for mulch can limit the extent to which native plantings must later compete with invasive nonnative species.  Careful landscaping and the use of mulch can reduce the threat of damage caused by water-runoff and erosion.  Prudent selection and placement of native species as well as protective fencing can mitigate the threat of selective grazing by local wildlife.

Most preventive steps can only mitigate or reduce the threat of such problems arising later. For example, given the root system of perennial invasive species, one shouldn’t assume that weeds were eradicated during site preparation; deep rhizomes will resprout. An established seedbank will assure that new plants germinate and find suitable sites to colonize among areas with disturbed soils and favorable conditions.

"D  D &

Monitoring techniques can range from a quick visual inspection to an in-depth study of species composition, distribution, and density based on quantitative data from random plots, sampling transects, and/or statistical analysis. In any case, monitoring techniques must be designed to gather the information necessary to identify and evaluate problems that could jeopardize the success of the project. The frequency with which a site is monitored will always depend on site conditions. For example, a site prone to low moisture, high erosion, and invasions of weeds should be checked frequently to ensure the health of introduced plantings. Conversely, dormant periods such as the winter necessitate far less frequent visits as do stable and well-advanced successional stages. If problems are detected, monitoring frequency may need to be increased. The ideal monitoring regime will detect both expected and unexpected problems as soon as they arise.

!   !  "

Monitoring will help detect problems that arise as a result of changing site conditions. Once a problem is identified, corrective actions can be taken. A comprehensive stewardship plan for managing the site after restoration is a vital part of every project. Information gathered by monitoring should be incorporated into such plans whenever possible. Monitoring information summaries should include

 A clear description of problems which have been identified at the site.  Actions required to correct the problems and provisions to monitor the success of these actions. SOQ-KR-93632 Part I: Upland Communities 105 Attachment -2 Revegetation Techniques - Monitoring and Stewardship

 Information on any additional considerations affecting the success of the project, including local and/or regional land management laws, particularly when elements such as grazing, controlled burns, herbicide/insecticide application, etc., are being considered.

  "

Stewardship, as it relates to native plant establishment and restoration projects, can be defined as caring for a site so as to foster natural processes or management activities that emulate natural processes. The simplest form of stewardship occurs on naturally functioning landscapes, where natural processes are in place and negative effects by human presence are absent. Under these conditions, the land steward merely monitors and records observations that relate to trends in climate, wildlife populations, plant succession, etc. Effective site stewardship defines the goals of a project and identifies the steps needed to achieve these goals.

    " 

Begin developing a stewardship plan for your restoration project at the earliest possible moment, preferably even before work has begun on a site. Your plan will be enhanced if you  Draw upon available expertise.  Establish clear, site-specific project goals.  Consider the relationship of the site to the surrounding land and its proposed land use.  Establish measures for erosion control, buffers, fencing, other protective measures, and prescriptions for management tools, including mowing, grazing, fire, pesticides, etc.  To the extent possible, design the project to be a self-sustaining and persistent landscape feature.  Obtain support for the management plan by including current and potential users in the planning process. In some instances, plans should be reviewed by local law enforcement, transportation and fire protection agencies so that the proper protocols are followed during stewardship activities. Finally, it is always advisable to develop stewardship plans with the involvement of neighboring landowners/managers.

"D 

Stewardship techniques are normally designed to correct problems which are in conflict with established goals and/or provide site protection. Some common techniques include  Fencing for site protection (temporary during construction and permanent afterwards - although fencing may limit many of the natural processes that might otherwise occur).  Establishment and maintenance of buffer areas around the project site.  Avoidance of sensitive habitats when possible.  Control of nonnative plant and animal species.  Management by burning, mowing, and/or grazing.  Control of erosion caused by runoff and wind.  Creation of passive or active recreation activities, if appropriate.  Creation of educational programs to promote stewardship goals. SOQ-KR-93632 Part I: Upland Communities 106 Attachment -2 Revegetation Techniques - Monitoring and Stewardship

 Signage to recognize contributions and to educate visitors and neighbors.  Recruitment of volunteers to assist with stewardship activities.

Stewardship planning won’t prevent damage from catastrophic events such as flooding, extreme hailstorm, tornado, or winter drought and windstorm, but it will help maintain a site in the desired condition under normal conditions. Should the site be damaged by unforseen circumstances, a good stewardship plan will prove to be a valuable resource in the repair process. SOQ-KR-93632 Part I: Upland Communities 107 Attachment -2 Revegetation Techniques – Weed Management

! !

Many potentially successful restoration projects have failed due to a lack of proper weed control. A weed management plan for reclamation and restoration projects is as critical as choosing the native species to plant. Appendices III and IV (beginning on page 227) list prohibited and restricted noxious weed seeds, plants to avoid in native plant establishment projects and management techniques for controlling specific noxious weeds commonly found in Colorado.

Weed management must be included in the planning process of every project and should be implemented before the project begins. If a site is seriously infested with weeds, the first year of a project may be dedicated entirely to the control of weeds. Weeds are initially controlled through prevention and eradication; however, because soil disturbances often stimulate dormant weed seeds, monitoring, control, and containment must continue after a site has been planted.

Note: Most revegetation sites will be dominated by “pioneer” or “weedy” species for the first few years following the disturbance. If these plants are not aggressive and tenacious perennial weeds, they will normally be replaced by desirable vegetation over time. Monitoring is especially important in order to insure a timely and appropriate response to the appearance of aggressive noxious weed species.

  ! !

Integrated weed management (IWM) is the selection and application of a variety of management techniques that, in combination, shape the composition and structure of the plant community to promote ecosystem health and function. The goal of IWM is not specifically the elimination of undesirable species as much as the development and maintenance of a healthy, desirable community of native species; the eradication and/or reduction of invasive plant populations is merely one beneficial result of effective IWM. The use of a combination of techniques makes it possible to alter site availability for weeds and disturbances, control colonization events, and manipulate species performance in order to transform the existing plant community into a healthy native one.

Most successful weed management efforts include a combination of two or more control methods. To develop an effective IWM plan, each site must be individually evaluated to identify techniques that are feasible and the most appropriate for the site. Every technique has positive and negative aspects that determine its appropriateness for specific situations. Site managers should select and utilize as many appropriate techniques as possible. Reliance on any one particular method frequently results in failure.

 Remember that most control techniques (mowing, herbicides, hand-pulling, etc.) are effective only during certain periods of the target species’ life cycle. Every effort should be made to utilize techniques that suppress targeted weed populations throughout the season while promoting desirable species. SOQ-KR-93632 Part I: Upland Communities 108 Attachment -2 Revegetation Techniques – Weed Management

Contact your county weed manager or local Colorado State University Cooperative Extension office for more specific information about control methods or for assistance in developing an effective IWM plan for your site.   

Preventing weeds from invading a site is the most effective and least costly method for controlling weeds. It requires constant vigilance from the very beginning of the project and a knowledge of weeds that are found on surrounding lands.

A healthy cover of native vegetation may prevent weed invasions. It is important to understand, however, that most invasive weeds threatening restoration projects in Colorado easily invade established native plant communities, especially in semi-arid environments. The goal is to minimize the amount of time the ground is not covered by a stand of native plants. As discussed in the Planting Techniques section, if the area will not be revegetated immediately, plant a temporary and sterile “cover crop” such as “Regreen” (sterile wheat X wheatgrass cross) or milo.

 Barley (Hordeum vulgare), wheat (Triticum aestivum) or rye (Secale cereale) should not be used as temporary cover crops unless they are mown before seed maturity, because they can reseed themselves and inhibit the germination of native seeded perennials.

Removal of weeds from nearby areas will prevent their seeds from invading the revegetation site. Russian-thistle (Salsola species), Some weeds (see inset) are not of great concern Goosefoot (Chenopodium species), until the soil is disturbed. The seeds of these Pigweed (Amaranthus species), and common weeds germinate once the ground is Kochia (Kochia species), if present, turned over or if excessive amounts of fertilizer are often increase in numbers following disturbance. applied. However, if the site has been properly revegetated, and if the site is not disturbed further and fertilizer is not continuously applied, these weeds will be at a competitive disadvantage and may eventually disappear.

Many well-planned projects have been compromised by weeds introduced during the reclamation process via weed-contaminated products or equipment. Use only certified weed-free forage for mulch, noxious weed-free seeds in seed mixes and weed-free compost. A directory of certified weed-free forage (hay and mulch) can be obtained from the Colorado Department of Agriculture. Colorado certified weed-free forage bales are differentiated from other forage bales by one strand of orange and blue baling twine or galvanized wire. Other western states frequently use specific tags to mark certified bales (every bale sold into Colorado from another state should be tagged) but are beginning to adopt Colorado's twine marking system for regionally certified hay.

Inquire about the source and composition of the hay as well. A native big bluestem hay imported from Kansas that is not certified weed-free may be preferable to smooth brome hay from Colorado that is certified weed-free. The use of straw from barley (Hordeum vulgare), wheat (Triticum aestivum), or rye (Secale cereale) should be avoided because seed remaining in the straw will germinate and compete with the native perennial seedlings. Annual straw crops, especially rye, can prevent the germination and establishment of native seedlings. For information on how to buy weed-free or certified seeds, refer to the Seeding section. SOQ-KR-93632 Part I: Upland Communities 109 Attachment -2 Revegetation Techniques – Weed Management

All heavy equipment to be used on a project should be cleaned before it is moved to the site. If imported topsoil is required, it is worth the extra effort to inspect the topsoil mining site beforehand to inventory potential weed contaminants. Since all topsoil contains a “seed bank” of normally dormant “weedy” seeds, only extremely poor sites should be candidates for topsoil importation. In most circumstances, it is preferable to amend the soils that are already on site.   

Eradication is the complete removal of weeds from an area. Most weed species are extremely difficult to eradicate due to the hardiness of the targeted species and the longevity of their seed. Eradication is most effective on weed patches smaller than 100 ft2 (9 m2) and areas where weeds are newly established. No method (or integration of methods) will achieve eradication for large-scale weed infestations. Eradication requires long-term land management that encourages desirable native vegetation while continuing to remove aggressive weed species from the site. Weed infestations of minimum size should be removed using hand pulling or digging (for biennials and simple perennials) and spot herbicide treatments (for biennials, simple perennials, and especially deep-rooted, creeping perennials).

Management techniques should be directed at disabling the target weeds’ biological processes and promoting the vigor of desirable vegetation. Each weed species may react differently to a particular control method, depending on its biological characteristics. For example, tilling an area will not eliminate Canada thistle, but will actually spread the problem since broken root pieces will sprout new growth. Pulling leafy spurge will usually result in stimulated shoot growth from root buds. If eradication efforts create bare ground, revegetation is required to prevent reinfestation of nonnative or weedy species.  

Control emphasizes the reduction of a weed population to a manageable level but not the complete elimination or eradication of the problem. With this distinctly different goal, a number of additional weed management tools and techniques instantly become useful. Control methods are used not only to eliminate individual plants but also to suppress the growth and reproduction of (or otherwise stress) targeted weed populations, especially deep-rooted, creeping perennials which cannot easily be reduced or thinned. Such suppression of weed populations helps to relieve desirable natives species of the competitive pressures exerted by the weeds and promote the development of a healthy native plant community resistant to further invasions. There are four main control methods.

   

Biological control uses predators of a particular weed to reduce or thin populations. In the native habitat of the target alien plants, there are numerous predators, parasites, or pathogens that regulate populations. Some of these agents, frequently insects, are collected and screened for their utility and low risk in North American habitats. Complete biological control requires the full complement of organisms. Not all of these organisms are suitable for North American introduction; thus the few organisms that are cleared for release will not completely control an alien plant species. It is important to note that while some agents have been dramatically SOQ-KR-93632 Part I: Upland Communities 110 Attachment -2 Revegetation Techniques – Weed Management successful (e.g., St. Johnswort Chrysolina beetles), effective biocontrol agents may never be available in North America for even the most common noxious weeds such as Canada thistle (Cirsium arvense).

Biological control may also include the use of large herbivores such as sheep, goats and cattle. These herbivores can be used at a variety of stocking rates and periods to stress targeted weed species and release desirable species from weed competition.

Biological agents are recommended for large infestations when combined with other methods that contain the existing infestations. After an initial release, it may take three to five years to see the effects of an established biocontrol population at the point of release. Biocontrol agents will not provide noticeable short-term results but they show promise for long-term management. Biological control agents are not recommended for any weed infestation that is of a potentially eradicable size.

"!  

Chemical control uses herbicides to disrupt weed growth. As with all management tools, herbicides must be used with caution and should be integrated with other techniques. Herbicides vary in their target plant species, modes of action, toxicity and degradation time. Natural resource managers must familiarize themselves with all these factors in order to choose the most appropriate herbicide. Contact the National Pesticide Telecommunications Network (1-800-858-7378) for the most scientifically proven toxicological and environmental fate data (sponsored by the Environmental Protection Agency and Oregon State University).

 Always follow all label recommendations, precautions and restrictions when using any herbicide.  Herbicides should be applied only by responsible, licensed applicators. Commercial herbicide applicators can be contracted to manage this facet of a weed management program, particularly if restricted use herbicides are advisable.  Commercial applicators should demonstrate the ability to distinguish the undesirable species from similar desirable species.

    

Cultural control promotes the growth of desirable, native plant species by means of planting, appropriate irrigation, nitrogen management, proper grazing management and other techniques. A healthy community of desirable native species provides competition that can help to suppress undesirable alien species and resist future invasions by exotic species.

!"  

Mechanical control disrupts weed growth by physical means. Techniques include tilling, hoeing, hand-pulling, mowing, burning, and mulching. Disking an area can provide temporary (one year) control of annuals and biennials. As described above in the Eradication section, each weed species may react differently to a particular control method, depending on its biological characteristics. Mechanical control techniques should be timed for maximum effect upon the target species based upon the life history characteristics of the weed. SOQ-KR-93632 Attachment -2

 *  I  " SOQ-KR-93632 Part II: Wetland and Riparian Communities 111 Attachment -2 Introduction

   

This Wetland and Riparian section is designed to be used in conjunction with the Upland section. Wetlands do not exist in isolation from the surrounding upland communities. Most projects with a wetland focus also have impacts on upland areas as well. Be sure to read the Introduction, Plant Basics and Natural Communities sections at the beginning of this manual. Much of the information in the Upland Habitats section is also applicable to wetland and riparian restoration projects.

Wetland and riparian habitats are different from the upland plant communities described in Part I. Effective restoration requires an understanding of hydrology, or how water moves through or is present in the system. Furthermore, there are numerous government regulations concerning activities that affect wetlands. If your site includes wetlands, you may want to consult a wetlands expert before initiating any projects of significant complexity or size. The following sections provide the reader with enough information to carry out simple wetland improvements or to create small wetlands in situations without complex hydrology.

"   " 

* Read the introductory sections.

 Wetland and Riparian Defined (page 113)  Functions of Wetland and Riparian Communities (page 114)  Important Policies and Regulations (page 115).

These sections contain information important to understanding wetland and riparian habitats and the issues surrounding them. You will also find it helpful to read the Plant Basics section beginning on page 7.

+* Read the Wetland Delineation section, beginning on page 116.

This section will help you identify the boundaries of your wetland and to understand some of the reasons the wetland exists where it does. SOQ-KR-93632 Part II: Wetland and Riparian Communities 112 Attachment -2 Introduction

)* Proceed to the Wetland Communities section, beginning on page 121.

Read the introductory material and determine your site’s geographic setting, choosing one of the three sections: Eastern Plains and Foothills, Rocky Mountain Region or Western Plateau and Canyon Region. Decide if your site is a wetland or riparian area. Finally, select the appropriate wetland type. If necessary, refer to the Communities Descriptions for upland habitats section beginning on page 15 for additional details in determining your location.

Note: The Plant Finder tables provide a beginning list of species for each type, with some of the the more common species listed in bold type. Not all species found in each community type are listed. Many of the species listed in the Plant Finder tables may not be available commercially. In some cases, it may be necessary to contract with a nursery to have plants grown or to collect native seeds or plants. (See guidelines in text). Appendix II, beginning on page 197 provides details on characteristics for a few species which are most likely to be commercially available.

,* Refer to the Wetland Revegetation Techniques section, beginning on page 153.

This section contains detailed information on planning, implementing and monitoring your wetland project. SOQ-KR-93632 Part II: Wetland and Riparian Communities 113 Attachment -2 Introduction

   

 

Wetlands are regulated under a number of laws and ordinances. The most widely accepted definition of wetlands is that used in the federal Clean Water Act. This manual defines wetlands according to the language of that Act.

“Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas” (Environmental Laboratory 1987).

 

There are a variety of definitions of “riparian” used by different entities. The word “riparian” is derived the from the Latin ripare, meaning “to flow”. In this manual the term “riparian” is used primarily as a geographic term, meaning “along the banks of rivers or streams.” In many places “riparian areas” and “wetlands” overlap (Cooper and Jones 1993).

THE US BUREAU OF LAND MANAGEMENT identifies riparian areas as a form of wetland transition between permanently saturated wetlands and upland areas. These areas exhibit vegetation or physical characteristics reflective of permanent surface or subsurface water influence. Lands along, adjacent to, or contiguous with perennially or intermittently flowing rivers and streams, glacial potholes, and the shores of lakes and reservoirs with stable water levels are considered riparian areas by the BLM. Excluded are such sites as ephemeral streams or washes that do not exhibit the presence of vegetation dependent upon free water in the soil.

THE COLORADO RIPARIAN ASSOCIATION identifies riparian areas as being characterized by high water tables, distinctive plant communities dependent on water and often distinctive soils and landforms as well. Riparian areas are often associated with streams, lakes, reservoirs and other bodies of water.

THE ENVIRONMENTAL PROTECTION AGENCY defines riparian habitats or zones (that do not fit the wetland definition) simply as areas adjacent to streams, rivers, lakes and freshwater estuaries. SOQ-KR-93632 Part II: Wetland and Riparian Communities 114 Attachment -2 Introduction

         !! 

Wetlands and riparian areas are some of the most biologically productive natural ecosystems in the world. These communities are a valuable part of our environment and perform a variety of important functions.

Improve water quality by

 Removing suspended sediments.  Removing or using nutrients, such as nitrogen and phosphorus.  Retaining heavy metals and other pollutants.

Decrease erosion damage by

 Stabilizing shorelines.  Stabilizing streambanks.

Moderate flood flows by

 Detaining and storing run-off.  Recharging ground water.  Providing groundwater discharge areas.

Provide habitat for plants and animals by

 Adding structure to the landscape.  Enhancing ecosystem productivity through water and nutrient availability.  Moderating water temperature of aquatic ecosystems.

Increase opportunity for recreation and education such as

 Wildlife photography and observation.  Fishing and hunting.  Boating.  Hiking.  Bird watching.  Nature study.  Educational and research opportunities. SOQ-KR-93632 Part II: Wetland and Riparian Communities 115 Attachment -2 Introduction

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Within the past decade, federal, state and local policies directed at protection and revegetation efforts for wetlands have expanded. This is due in large part to increased interest in compensating for lost wetlands by creating new wetlands or restoring degraded wetlands (Kusler and Kentula 1990). A large body of information exists concerning wetland and riparian habitat policy and regulation. Below is a brief summary, broken down by federal, state, and local levels.

 

Congress has passed legislation that either directly or indirectly provides wetland and riparian habitat protection. The most important items in this body of law include the following:

 Rivers and Harbors Act  Emergency Wetlands Resources Act  Clean Water Act  Fish and Wildlife Coordination Act  Endangered Species Act  Federal Land Policy and Management Act  Migratory Bird Treaty Act  Multiple Use/Sustained Yield Act  Migratory Species Act  National Historic Preservation Act  North American Wetlands Conservation  Executive Order 11988 (Floodplain Act Management)  Food Security Act  Executive Order 11990 (Mitigation of  Wetlands Reserve Program Environmental Impacts to Privately Owned  National Environmental Policy Act Wetlands: Protection of Wetlands)  Wild and Scenic Rivers Act  Conservation and Trade Act

Wetland researchers and applicants for construction permits are usually most familiar with Section 404 of the Clean Water Act. This law and the associated regulations include processes for wetland identification, delineation, impact assessment, permitting of impacts, and compensation for impacts to wetlands. Another federal process that is often used is the National Environmental Policy Act, or NEPA, which provides guidance for assessing and minimizing adverse environmental effects including impacts to wetlands.



The Colorado legislature enacted Senate Bill 40 (CRS 33-5-101), which states that, “the fishing waters within the state are to be protected and preserved from the actions of any state agency.” This bill protects wetland and riparian habitats by requiring coordination between state agencies and the Colorado Division of Wildlife (CDOW). For example the CDOW and Colorado Department of Transportation (CDOT) have agreed on a process to coordinate and evaluate road construction and maintenance activities which affect wetland and riparian habitats.

In addition, the CDOW has undertaken a broad scale Colorado Wetlands Program to conserve wetlands through a variety of strategies including public education, restoration and purchase of critical wetlands. SOQ-KR-93632 Part II: Wetland and Riparian Communities 116 Attachment -2 Introduction

Other state programs involving wetlands include the following:

 The Water Quality Control Division of the Colorado Department of Public Health and Environment reviews federal 404 permit applications to ensure that activities do not violate Colorado water quality standards or effluent limitations.

 CDOT has created an erosion control manual to protect all habitats and water quality during construction projects.

 The Colorado Geological Survey has undertaken several projects to help evaluate the wetlands of Colorado in accordance with a new nationwide system referred to as Hydrogeomorphic Classification System.

 Wetlands and riparian areas may also be recognized under provisions of the Colorado Natural Areas Act. Designated Natural Areas may then be protected and management provisions formalized in a voluntary agreement between the landowner and the Colorado Natural Areas Program (CNAP). As part of the Colorado Division of Parks and Outdoor Recreation, CNAP has prepared a best management practices guide for wetland and riparian habitats in state parks (Peale 1996).

 &I 

Boulder, Eagle, Larimer and Pitkin counties have introduced processes into land use planning which provide varying degrees of wetland regulation and protection. One element of these efforts is the preparation of accurate maps of existing wetland and riparian habitats.

The cities of Broomfield, Boulder, Denver, Fort Collins, Greenwood Village and Westminster have also conducted advanced wetland inventories and may have incorporated ordinances designed to protect wetlands into their land use codes and regulations.    

All wetlands share certain common factors or environmental characteristics which distinguish them from other habitat types. Some areas, like cattail marshes, are obviously wetlands; however, in other circumstances the distinction is less clear cut. Because wetlands are protected and regulated by the federal Clean Water Act (CWA), it is also necessary to define the precise limits (i.e., delineate the boundaries) of a wetland so that citizens have clarity about where the regulations apply.

The current federal wetland delineation methodology used to define wetland habitat under the CWA was produced by the Army Corps of Engineers (COE) and is explained in detail in the 1987 “Corps of Engineers Wetlands Delineation Manual” (Environmental Laboratory 1987). The following diagnostic environmental characteristics and technical approach summarize the guidelines for the identification and delineation of wetlands in the 1987 COE Manual. SOQ-KR-93632 Part II: Wetland and Riparian Communities 117 Attachment -2 Introduction

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According to the COE definition, wetlands have the following three general diagnostic Wetland delineation is complicated. characteristics: The information provided here is intended to introduce the fundamental 1. Hydrophytic vegetation. concepts of delineation—not to train 2. Sustaining hydrology. delineators. Contact the Corps of 3. Hydric soils. Engineers to determine if you need a wetland delineation for your project. A wetland habitat is identified and delineated If you do, the Corps can provide a list based upon the presence of these three of qualified wetland consultants. parameters.

   Plants usually need air in the soil to allow the roots to breath. However, hydrophytic (wetland adapted) plants have specialized structures which allow them to tolerate soils that are periodically anoxic (lacking oxygen). For example, such structures include internal air spaces that allow air to travel from the aerial portions of the plant into the roots. Some plants are also able to change their metabolic chemistry under anaerobic conditions to prevent the buildup of toxic materials. Wetland plants include the following types:

 Free-floating plants float at the surface of ponds and slow-moving streams. These plants, such as duckweed (Lemna), have specialized free-floating root systems or leaves that can exchange gases and obtain nutrients from the water.  Submerged plants are rooted in soil and depend on the buoyancy of water to support their stems and leaves. Some examples of submerged plants are watercress (Nasturtium) and mare’s tail (Hippuris).  Floating-leaved plants have well-developed leaves that float on the surface. Gas exchange occurs where the upper surface of the leaves is exposed to the air. Water lilies (Nuphar spp.),are an example of rooted floating-leaved plants found in Colorado.  Emergent plants grow above the saturated soils or water. This group include cattails (Typha spp.), bulrushes (Scirpus spp.), rushes (Juncus spp.) and sedges (Carex spp.). These plants typically have long, linear leaves which increase the amount of surface available for photosynthesizing in order to compensate for the lack of oxygen in the soil. Many also have hollow tissues that conduct air to the roots.  Woody species can also be hydrophytic. Examples include shrubby willows (Salix spp.) and alder (Alnus spp.) and trees such as peach-leaf willow (Salix amygdaloides) and cottonwood (Populus spp.). They are similar to upland species, although they usually possess shallow root systems, adventitious roots and other structures that increase gas exchange between roots and air spaces. Although these woody species can tolerate inundation for short periods, they generally cannot survive continuous saturation of the root zone.

"& & The hydrology of an area is the most critical factor determining the presence of a wetland; without water saturating the soil, no wetlands will occur regardless of what is planted. On SOQ-KR-93632 Part II: Wetland and Riparian Communities 118 Attachment -2 Introduction

the other hand, wetlands will develop in areas with saturated soils whether or not they are planned as wetlands.

The water level in wetlands can range from constantly inundated shallow ponds to soils which are only saturated during spring runoff. At the wet end of the spectrum, the wetlands seldom occur in water that is greater than 10 feet (3 meters) deep. At the drier end of the spectrum, the soils must be saturated at least long enough for hydric soils to develop and support wetland vegetation. It can be difficult to determine if an area has “wetland hydrology,” especially during dry periods.

  Wetland soils are classified as hydric. When the ground is saturated for a long period, air is depleted from the soil. Hydric soils develop specific characteristics due to this lack of air. These soils can be divided generally into two categories.

 Organic hydric soils (peat soils or histosols) are formed from accumulations of dead cattails, sedges, and other plants mixed with small amounts of silt and sand. In the absence of oxygen, this material decomposes much more slowly than organic material of upland soils. Organic soils are often foul smelling from bacterial production of hydrogen sulfide and methane.  Mineral hydric soils lack a significant amount of organic material. These soils have a wide range of textures (from sandy to clayey) and have characteristics indicative of an anerobic environment. Some indicators of mineral hydric soils include bluish or greenish gray (gleyed) color, rotten egg odors from sulfur compounds (found only in permanently waterlogged soils), and soils with clumps of brighter colored material from the oxidation of iron and other minerals.

"  "*     

Except in certain exceptions defined by the Corps of Engineers, you need to have at least one positive indicator from soils, vegetation and hydrology in order to make a positive wetland determination.

 The identification and delineation of wetland habitat is a specialized area of expertise typically performed by biologists, botanists, soil scientists or other related environmental scientists. If you believe you may have wetland habitat on your property or in an area of concern, contact the nearest office of the Army Corps of Engineers, the Natural Resource Conservation Service or a professional wetland scientist/consultant. SOQ-KR-93632 Part II: Wetland and Riparian Communities 119 Attachment -2 Introduction

     !!  

Wetland and riparian communities occur on a very small percentage of Colorado's total land area, possibly as low as two percent (Cooper and Jones 1993). These habitats are as varied as the landscape. Over the past 150 years, many have been lost, introduced, or changed by human activity. Cooper and Jones (1993) estimated that as much as 50 percent of wetland and riparian habitats have been lost or changed during settlement, and that an unknown amount of wetland and riparian habitats have also been created through irrigated agriculture and water transport and storage systems. The purchase and transfer of water rights to rapidly developing areas of the state may affect the permanence of such recently created wetland habitats.

Wetland communities in Colorado are a direct result of the interaction of water with the topography of the state. Headwater streams arising near the continental divide join other streams as they flow toward the plains thousands of feet below. There are several basic types of wetlands found in Colorado, each associated with a particular combination of water and the landscape.

 Riverine Wetlands associated with flowing water  Depressional Wetlands in low spots on the landscape  Lacustrine Fringe Wetlands along the edges of lakes or other deepwater habitats  Slope Wetlands supported by groundwater discharge on a slope  Artificial Wetlands supported by human activities such as irrigation

Within each of these types there may be several classes of wetlands, each with its characteristic suite of vegetation. As with upland communities, species associations vary with changes in elevation. Wetland species, however, tend to be more cosmopolitan than upland species, and therefore, geographic differences are less common with wetland than upland species. For that reason, wetlands on the eastern plains may look very much like the same type of wetland at the same elevation the western slope.

Although wetland and riparian habitats make up a relatively small area of the total land mass, their contribution to biodiversity is tremendous. For example, in the United States wetlands provide habitat for approximately one-third of the plant and animal species federally listed as threatened or endangered, as well as essential nesting, migratory, and wintering areas for more than 50 percent of the nation's migratory bird species (USFWS 1990). Redelf (1983) estimated that 90 percent of the 800 species of fish and wildlife in Colorado depend on riparian communities for various habitat needs. The Colorado Natural Heritage Program (CNHP) lists 29 species of wetland-dependent birds and 11 species of amphibians as “rare and imperiled” in Colorado (CNHP 1996).

  !"  "

Eastern Plains and Foothills Region 121 Rocky Mountain Region (including Intermountain Parks) 130 Western Plateau and Canyon Region 145 SOQ-KR-93632 Part II: Wetland and Riparian Communities 121 Attachment -2 Eastern Plains and Foothills Region - Wetlands

   "    

 

On the predominantly dry plains of Colorado, wetlands occur along drainages and in shallow depressions with at least periodically wet soils.

Notes on wetland projects

For wetland creation or restoration, hydrology is all important. Some questions to consider are  What is the source of water for the wetland and how reliable is it?  How much water is available and for how long during the year?  Will wetland plants establish naturally or are manipulation of the hydrology and seeding and planting necessary?

Study the arrangement of the plants in wetlands. Different plants grow in different amounts of water or in soils with different saturation levels. As a result, rings of different plant species often form around ponds or playas. For that reason, shallowly graded slopes around ponds will provide more wetland habitat than steep slopes.

There are many references on wetland restoration and creation. A few which are listed in the reference section include Haskisaki 1996, Kusler and Kentula 1990, Mutz et al. 1988, Peale 1996, and Schneller-McDonald 1990.

! "

Marshes are dynamic wetlands that typically receive flows of water in the spring, sometimes resulting in flooding and relatively deep water, followed by dropping water levels later in the season (Cooper and Jones 1993). Marshes are found around ponds, lakes and reservoirs and sometimes in the backwater areas or oxbows of riparian zones. Marsh vegetation consists mainly of large rhizomatous species such as cattails and bulrushes that form monotypic stands around the edges of ponds. Sedges and rushes, such as Nebraska sedge and arctic rush, cover areas that have permanently high water tables and standing water in the spring and early summer. In addition, small ponds and large reservoirs with permanent standing water usually also have floating and submergent vegetation, including yellow pond lily, water smartweed, water millfoil, pondweeds, bladderwort and other plants floating beneath the surface of one to three feet (0.3 to 0.9 m) deep water. Many freshwater plants cannot survive the alkaline conditions that prevail in SOQ-KR-93632 Part II: Wetland and Riparian Communities 122 Attachment -2 Eastern Plains and Foothills Region - Wetlands areas where periodic saturation causes salts to accumulate in the soil. In these situations, marsh vegetation is dominated by alkaline tolerant plants.

 &

Ephemeral ponds, or playas, occur in wide, shallow depressions throughout the plains. During spring, water collects in these depressions forming small, shallow ponds. Later in the summer, the ponds usually dry, leaving a grassy swale of sedges, rushes and grasses. Patches of cattails and bulrushes form in wetter areas where the soils are saturated for most of the year. The soils are often very rich in clay. Cottonwoods and willows sometimes surround these temporary ponds.

/02J 17/1/0/0102* /02.53:/!/535/02/8/5 6210/05715102879

GRAMINOIDS Beckmannia syzigachne American sloughgrass Carex aquatilis water sedge Carex utriculata Northwest territory sedge Eleocharis palustris common spike-rush Glyceria striata fowl mannagrass Juncus arcticus arctic rush Juncus longistylis longstyle rush Juncus nodosus jointed rush Juncus torreyi Torrey’s rush Persicaria coccinea scarlet smartweed Scirpus acutus hardstem bulrush Scirpus maritimus saltmarsh bulrush Scirpus microcarpus panicled bulrush Sparganium eurycarpium Bur-reed Typha latifolia broadleaf cattail

FORBS Alisma triviale northern water plantain Lycopus americanus American water horehound Lycopus asper rough bugleweed Sagittaria cuneata arumleaf arrowhead Sagittaria latifolia broadleaf arrowhead SOQ-KR-93632 Part II: Wetland and Riparian Communities 123 Attachment -2 Eastern Plains and Foothills Region - Wetlands

/02J 17/1/0/0102+* /02.G/10!/535/02/8/5 6210/05715102879

GRAMINOIDS Carex nebrascensis Nebraska sedge Eleocharis palustris common spike-rush Juncus arcticus arctic rush Juncus compressus roundfruit rush Juncus torreyi Torrey’s rush Puccinellia airoides alkali grass Scirpus acutus hardstem bulrush Scirpus nevadensis alkali bulrush Scirpus maritimus saltmarsh bulrush Triglochin concinna low arrow-grass Triglochin maritima maritime arrow-grass Typha angustifolia narrow-leaved cattail

FORBS Glaux maritima sea milkwort Halerpestes cymbalaria alkali crowfoot Persicaria coccinea scarlet smartweed Potamogeton pectinatus sago pondweed Rumex maritimus golden dock

! 

Wet meadows occur on the eastern plains where the water table is high enough to saturate the soil for some portion of the growing season. This can occur along reservoirs and playas where springs emerge, or in irrigated pastures. At the wet end of the scale, communities of Nebraska sedge, baltic rush, and other species grow in areas where the water table is near the surface for most of the year. In slightly drier areas where the water table fluctuates, wet meadows of three- square bulrush, baltic rush, spikerush, switchgrass and other grasses occur. Rings of foxtail barley, western wheatgrass or other grasses can surround the wet meadows. In areas of high surface salinity, species tolerant of saline and alkaline conditions dominate saturated soils.

/02J 17/1/0/0102)* /02K!/53!/4105/02 !/2:5 6210/05715102879

GRAMINOIDS Alopecuris aequalis shortawn foxtail Carex emoryi Emory’s sedge Carex lanuginosa woolly sedge Carex nebrascensis Nebraska sedge Eleocharis palustris common spike-rush SOQ-KR-93632 Part II: Wetland and Riparian Communities 124 Attachment -2 Eastern Plains and Foothills Region - Wetlands

/02J 17/1/0/0102)* /02K!/53!/4105/02 !/2:5 6210/05715102879

GRAMINOIDS (continued) Hordeum jubatum foxtail barley Juncus arcticus arctic rush Juncus confusus Colorado rush Panicum virgatum switchgrass Pascopyrum smithii western wheatgrass Stipa viridula green needlegrass

FORBS Asclepias incarnata swamp milkweed Apocynum cannabinum Indian hemp Asclepias incarnata marsh milkweed Asclepias speciosa showy milkweed Cicuta douglasii western water hemlock Cyclachaena xanthifolia marsh-elder Epilobium ciliatum willow-herb Euthamia occidentalis western goldentop Gaura parviflora velvetweed Glycyrrhiza lepidota wild licorice Helianthus nuttallii Nuttall’s sunflower Iris missouriensis wild iris Mentha arvensis wild mint Mimulus glabratus monkey-flower Monolepis nuttalliana Nuttall’s povertyweed Oenothera elata Hooker’s evening-primrose Polygonum pensylvanica smartweed Rorippa palustris yellowcress Rorippa sinuata spreading yellowcress Rorippa teres southern marsh yellowcress Rumex hymenosepalus canaigre dock Scrophularia lanceolata lanceleaf figwort Senecio hydrophilus water groundsel Stachys palustris marsh hedge-nettle Solidago canadensis Canada goldenrod Urtica gracilis stinging nettle Verbena hastata blue vervain Veronica americana American speedwell

TREES AND SHRUBS Rosa woodsii Wood’s rose Salix exigua sandbar willow SOQ-KR-93632 Part II: Wetland and Riparian Communities 125 Attachment -2 Eastern Plains and Foothills Region - Wetlands

/02J 17/1/0/0102,* /02KG/10!/53!/4105/02/!/2:5 6210/05715102879

GRAMINOIDS Alopecurus aequalis shortawn foxtail Carex nebrascensis Nebraska sedge Distichlis spicata inland saltgrass Eleocharis palustris common spike-rush Hordeum jubatum foxtail barley Juncus arcticus arctic rush Juncus nodosus jointed rush Juncus saximontanus Rocky Mountain rush Juncus torreyi Torrey’s rush Muhlenbergia asperifolia alkali muhly Panicum virgatum switchgrass Pascopyrum smithii western wheatgrass Puccinellia airoides Nuttall’s alkali grass Sporobolus airoides alkali sacaton Stipa viridula green needlegrass Triglochin concinna arrow-grass

FORBS Asclepias speciosa showy milkweed Brachyactis ciliata alkali rayless aster Brachyactis frondosa leafy rayless aster Gaura parviflora velvetweed Glaux maritima sea milkwort Glycyrrhiza lepidota wild licorice Helianthus nuttallii Nutall’s sunflower Iva axillaris povertyweed Oenothera elata Hooker’s evening-primrose Oenothera villosa hairy evening-primrose Solidago canadensis Canada glodenrod Suaeda calceoliformis Pursh seepweed Suaeda moquini Mojave seablite Suaeda nigra black seablite

TREES AND SHRUBS Atriplex argentea silverscale saltbush Rosa woodsii Wood’s rose Sarcobatus vermiculatus greasewood SOQ-KR-93632 Part II: Wetland and Riparian Communities 126 Attachment -2 Eastern Plains and Foothills Region - Riparian

  !! 

Typically, riparian forests and shrubland communities of the plains occur along streams that meander and braid through wide, flat main channels. Patches of cottonwoods typically form the canopy layer, with sandbar willow along the stream edge and grasses, such as switchgrass and prairie cordgrass, between cottonwood clumps. In the foothills or in canyons on the plains, streams tend to be narrower with swifter flowing water. Water levels in these streams may fluctuate widely during the year, from several feet above the stream bottom during spring and after thunderstorms to a small trickle or even no water in the fall. Foothills riparian areas often have dense shrub layers composed of willows, currants, plums, chokecherries and hawthorn. Riparian areas often include a mosaic of vegetation types, with wetlands at stream edges, in backwater areas, or old oxbows, and upland and transitional vegetation communities interspersed with wetland and riparian vegetation.

Notes on riparian projects

Hydrology and stream dynamics are critical factors for the success of riparian projects. The work needed to restore proper functioning will depend on the current condition of the stream and the riparian vegetation. Questions to consider include  Would changes in land use (i.e., changes in grazing season or stocking numbers, closing or moving trails, etc.) be sufficient to improve stream functioning and riparian vegetation?  Is stream hydrology suitable to support the planned changes?

For some of the many available references on riparian projects, see American Fisheries Society 1982, Briggs 1995 and 1996, Clary 1996, Crumpacker 1985, Hughes 1996, and Schultze 1984.

   J  "   

On the plains, woody vegetation, mostly plains cottonwood and sandbar willow, germinates on the bare sandbars formed by meandering streams. A variety of grasses and forbs grow underneath and in open areas around these trees and shrubs. Along streambanks, switchgrass and prairie cordgrass form wide stands of dense, tall grasses. Nebraska sedge, baltic rush, three- square and other grass-like plants form patches along the edge of permanent streams and at the bottom of intermittent drainages.

Along foothills streams, lanceleaf and narrowleaf cottonwoods replace the plains cottonwoods. Thinleaf alder, river birch and blue spruce (mostly in southern Colorado) mix with the cottonwoods in the valleys along streams. Shrubs such as sandbar and other willows, red-osier dogwood and twinberry grow along the cool, moist creekbanks. SOQ-KR-93632 Part II: Wetland and Riparian Communities 127 Attachment -2 Eastern Plains and Foothills Region - Riparian

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GRAMINOIDS Distichlis spicata inland saltgrass Glyceria striata manna grass Hordeum jubatum foxtail barley Juncus arcticus arctic rush Panicum virgatum switchgrass Pascopyron smithii western wheatgrass Spartina pectinata prairie cordgrass Sporobolus airoides alkali sacaton

FORBS Apocynum cannabinum Indian hemp Asclepias incarnata swamp milkweed Clematis ligusticifolia western white clematis Cyclachaena xanthifolia marsh-elder Glycyrrhiza lepidota wild licorice Hydrophyllum fendleri Fendler’s waterleaf Iris missouriensis Rocky Mountain iris Maianthemum stellatum starry false Solomon’s seal Mentha arvensis wild mint Monarda fistulosa wildbergamot beebalm Parthenocissus inserta Virginia creeper Potentilla rivalis brook cinquefoil Solidago canadensis Canada goldenrod

TREES AND SHRUBS Acer negundo box-elder Amorpha fruiticosa desert indigobush Artemisia tridentata ssp. tridentata big sagebrush Baccharis salicina Great Plains false-willow Celtis reticulata netleaf hackberry Chrysothamnus nauseosus rubber rabbitbrush Chrysothamnus viscidiflorus green rabbitbrush Forestiera pubescens stretchberry Juniperus monosperma oneseed juniper Juniperus scopulorum Rocky Mountain juniper Prunus virginiana black chokecherry Populus angustifolia narrowleaf cottonwood Populus deltoides plains cottonwood Populus tremuloides quaking aspen Rhus trilobata skunkbush sumac Ribes aureum golden currant Rosa woodsii Woods’ rose Salix amygdaloides peachleaf willow Salix bebbiana Bebb willow Salix exigua sandbar willow Salix lucida shining willow SOQ-KR-93632 Part II: Wetland and Riparian Communities 128 Attachment -2 Eastern Plains and Foothills Region - Riparian

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GRAMINOIDS Glyceria grandis American mannagrass Glyceria striata fowl mannagrass Hordeum jubatum foxtail barley Juncus arcticus arctic rush Juncus confusus Colorado rush Pascopyron smithii western wheatgrass Poa palustris fowl bluegrass Stipa viridula green needlegrass

FORBS Apocynum cannabinum Indian hemp Clematis ligusticifolia western white clematis Cyclachaena xanthifolia marsh-elder Epilobium angustifolium fireweed Equisetum arvense field horsetail Glycyrrhiza lepidota wild licorice Heracleum sphondylium cow-parsnip Hydrophyllum fendleri Fendler’s waterleaf Hypericum formosum St. Johnswort Iris missouriensis Rocky Mountain iris Juncus arcticus arctic rush Maianthemum stellatum starry false Solomon’s seal Mentha arvensis wild mint Mertensia ciliata mountain bluebells Monarda fistulosa wildbergamot beebalm Potentilla rivalis brook cinquefoil Solidago canadensis Canada goldenrod Vicia americana American vetch

TREES AND SHRUBS Acer glabrum Rocky Mountain maple Acer negundo box-elder Alnus incana thinleaf alder Betula occidentalis water birch Crataegus rivularis river hawthorn Picea pungens Colorado blue spruce Populus angustifolia narrowleaf cottonwood Populus deltoides plains cottonwood Populus tremuloides quaking aspen Prunus americana American plum Prunus virginiana black chokecherry Pseudotsuga menziesii Douglas-fir Ribes aureum golden currant Ribes cereum wax currant Rosa woodsii Woods’ rose SOQ-KR-93632 Part II: Wetland and Riparian Communities 129 Attachment -2 Eastern Plains and Foothills Region - Riparian

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TREES AND SHRUBS (continued) Rubacer parviflorum thimbleberry Salix amygdaloides peachleaf willow Salix bebbiana Bebb willow Salix drummondiana Drummond’s willow Salix geyeriana Geyer’s willow Salix irrorata bluestem willow Salix lucida shining willow Salix monticola mountain willow Swida sericea red-osier dogwood

Populus angustifolia

Salix exigua SOQ-KR-93632 Part II: Wetland and Riparian Communities 130 Attachment -2 Rocky Mountain Region - Wetlands

 &!    

Most of the naturally-occurring wetlands in Colorado are found in the montane and subalpine zones. There are a number of reasons for this. First, it rains and snows more at higher elevations. Second, air temperatures are cooler at higher elevations, so there is less evaporation than on the plains. Third, most of the montane and subalpine zone was glaciated during the last ice age, and glaciers tend to turn narrow, V-shaped mountain valleys into broad, flat, U-shaped valleys more suitable for wetland development. Glaciers also create a large number of specialized landforms where wetlands can develop, including cirque basins and kettle lakes.

Wetland and riparian habitats within the montane and subalpine zones are similar in location, structure and the functions attributable to them. Moisture from snow melting from high peaks supports a wide variety of wetlands in ponds, shallow depressions and along streams. They range from aquatic systems to herbaceous wet meadows and fens, to willow carrs and forested habitats. At lower elevations they intergrade into wetland and riparian communities of the foothills and piñon pine-juniper woodlands, and at higher elevations they intergrade into the alpine wetland communities. Depending on site hydrology and topography, a mosaic of wetland types may occur at a single location.

 

Notes on wetland projects For wetland creation or restoration, hydrology is all important. Some questions to consider are  What is the source of water for the wetland and how reliable is it?  How much water is available and for how long during the year?  Will wetland plants establish naturally or are manipulation of the hydrology and seeding and planting necessary?

Study the arrangement of the plants in wetlands. Different plants grow in different amounts of water or in soils with different saturation levels. As a result, rings of different plant species often form around ponds or playas. For that reason, shallowly graded slopes around ponds will provide more wetland habitat than steep slopes.

There are many references on wetland restoration and creation. A few which are listed in the reference section include Haskisaki 1996, Kusler and Kentula 1990, Mutz et al. 1988, Peale 1996, and Schneller-McDonald 1990. SOQ-KR-93632 Part II: Wetland and Riparian Communities 131 Attachment -2 Rocky Mountain Region - Wetlands

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Marshes occur in a variety of situations in the Rocky Mountain region of the state. Natural lakes dot the higher portions of the mountains where snowmelt from the high peaks collects in basins. In the San Luis Valley, the perenially high water table creates numerous shallow ponds with ideal conditions for marsh development. In lower elevation areas, dams by humans and beavers create small and large bodies of water.

On the shallow shores of the lakes and ponds, plants rooted in the muddy bottom emerge from the surface of the water. Large patches of cattails, sedges, spikerush and other emergent vegetation may form rings around the lake shores. As the water gets deeper, rooted plants with floating leaves such as water lilies and burreed spread across the water. Submergent plants, such as pondweeds and water crowfoot, occur in deeper water. Where periodic saturation causes salts to accumulate in the soil, marsh vegetation is dominated by alkaline tolerant plants.

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Shallow playas, also called internal drainage basins or ephemeral ponds, are most extensive in the San Luis Valley. During spring, water collects in these depressions forming small, shallow ponds. Later in the summer, the ponds usually dry, leaving a grassy swale of sedges, rushes, and grasses. Patches of cattails and bulrushes form in wetter areas where the soils are saturated for most of the year. The soils are often very rich in clay. Cottonwoods and willows sometimes surround playas. Often greasewood shrubs are present within the playas where they grow on low sand dunes on the playa bottom or in a band along the upper playa margin.

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GRAMINOIDS Beckmannia syzigachne American sloughgrass Carex aquatilis water sedge Carex utriculata Northwest territory sedge Eleocharis palustris common spike-rush Glyceria grandis American mannagrass Glyceria striata fowl mannagrass Juncus arcticus arctic rush Juncus longistylis longstyle rush Juncus nodosus jointed rush Juncus torreyi Torrey’s rush Scirpus acutus hardstem bulrush Scirpus maritimus saltmarsh bulrush Scirpus microcarpus panicled bulrush Scirpus pungens three-square bulrush Typha latifolia broadleaf cattail SOQ-KR-93632 Part II: Wetland and Riparian Communities 132 Attachment -2 Rocky Mountain Region - Wetlands

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FORBS Alisma triviale northern water plantain Lycopus americanus American water horehound Lycopus asper rough bugleweed Persicaria coccinea scarlet smartweed Sagittaria cuneata arumleaf arrowhead Sagittaria latifolia broadleaf arrowhead

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GRAMINOIDS Carex nebrascensis Nebraska sedge Eleocharis palustris common spike-rush Juncus arcticus arctic rush Juncus torreyi Torrey’s rush Juncus compressus roundfruit rush Puccinellia airoides Nuttall’s alkali grass Scirpus acutus hardstem bulrush Scirpus nevadensis alkali bulrush Scirpus maritimus saltmarsh bulrush Triglochin concinna low arrow-grass Triglochin maritima maritime arrow-grass Typha angustifolia narrowleaf cattail

FORBS Glaux maritima sea milkwort Halerpestes cymbalaria alkali crowfoot Persicaria coccinea scarlet smartweed Potamogeton pectinatus sago pondweed Rumex maritimus golden dock SOQ-KR-93632 Part II: Wetland and Riparian Communities 133 Attachment -2 Rocky Mountain Region - Wetlands

! 

A wide variety of wetlands occur in stream valleys, in small depressions, and in other areas where the ground is saturated for a substantial portion of the growing season but pools of water rarely form. The type of wetland depends on the soil characteristics, the duration of soil saturation, and the vegetation.

!  Wet meadows of sedge, arctic rush, tufted hairgrass and other grasses occur along streams and around ponds in the broad mountain valleys. Wild iris may dot the meadows especially in heavily grazed areas. These meadows form where the soils are saturated in the spring and early summer, but usually dry out later in the summer.

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GRAMINOIDS Alopecuris aequalis shortawn foxtail Carex emoryi Emory’s sedge Carex lanuginosa woolly sedge Carex nebrascensis Nebraska sedge Carex praegracilis clustered field sedge Deschampsia cespitosa tufted hairgrass Eleocharis palustris common spike-rush Hordeum jubatum foxtail barley Juncus arcticus arctic rush Juncus bufonius toad rush Juncus compressus roundfruit rush Juncus nodosus jointed rush Juncus saximontanus Rocky Mountain rush Juncus torreyi Torrey’s rush Stipa viridula green needlegrass

FORBS Antennaria corymbosa flattop pussytoes Antennaria rosea rosy pussytoes Apocynum cannabinum Indian hemp Asclepias speciosa showy milkweed Cicuta douglasii western water hemlock Conioselinum scopulorum Rocky Mountain hemlock-parsley Cyclachaena xanthifolia marsh-elder Epilobium ciliatum willow-herb Iris missouriensis Rocky Mountain iris Limosella aquatica water mudwort Mentha arvensis wild mint Mimulus glabratus monkey-flower Monolepis nuttalliana Nuttall’s povertyweed Oenothera elata Hooker’s evening-primrose SOQ-KR-93632 Part II: Wetland and Riparian Communities 134 Attachment -2 Rocky Mountain Region - Wetlands

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FORBS (continued) Oenothera villosa hairy evening primrose Ranunculus gmelinii Pursh’s buttercup Rorippa palustris Fernald’s yellowcress Rorippa sinuata spreading yellowcress Rorippa teres southern marsh yellowcress Rumex hymenosepalus canaigre dock Scrophularia lanceolata lanceleaf figwort Senecio hydrophilus water groundsel Sidalcea neomexicana New Mexico checkermallow Stachys palustris marsh hedge-nettle Solidago canadensis Canada goldenrod Urtica gracilis stinging nettle Veronica americana American speedwell

TREES AND SHRUBS Pentaphylloides floribunda shrubby cinquefoil

 ! 

Salt meadows occur in areas of high surface salinity where the water table is close to the surface and where evaporation exceeds precipitation. Salt meadows are common in lower and middle elevations in Colorado and are most extensive in South Park and in the playas of the San Luis Valley. Greasewood shrubs are present within the playas where they grow on low sand dunes on the playa bottom or in a band along the upper playa margins.

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GRAMINOIDS Alopecurus aequalis shortawn foxtail Carex nebrascensis Nebraska sedge Carex douglasii Douglas’ sedge Distichlis spicata inland saltgrass Eleocharis palustris common spike-rush Hordeum jubatum foxtail barley Juncus arcticus arctic rush Juncus nodosus jointed rush Juncus saximontanus Rocky Mountain rush Juncus torreyi Torrey’s rush Muhlenbergia asperifolia alkali muhly Pascopyrum smithii western wheatgrass Puccinellia airoides Nuttall’s alkali grass SOQ-KR-93632 Part II: Wetland and Riparian Communities 135 Attachment -2 Rocky Mountain Region - Wetlands

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GRAMINOIDS (continued) Stipa viridula green needlegrass Sporobolus airoides alkali sacaton Triglochin concinna low arrow-grass Triglochin maritima maritime arrow-grass

FORBS Asclepias speciosa showy milkweed Brachyactis ciliata alkali rayless aster Brachyactis frondosa leafy rayless aster Iva axillaris povertyweed Oenothera elata Hooker’s evening-primrose Oenothera villosa hairy evening-primrose Solidago canadensis Canada goldenrod Suaeda calceoliformis Pursh seepweed Suaeda moquini Mojave seablite Suaeda nigra black seablite

TREES AND SHRUBS Atriplex argentea silverscale saltbush Chrysothamnus nauseosus rubber rabbitbrush Sarcobatus vermiculatus greasewood



Fens occur on organic soils nourished by both surface runoff and groundwater sources. They can be found in relatively flat, constantly wet mountain valleys. Peat accumulation in fens occurs slowly, at a rate of about eight inches every 1,000 years (Cooper and Jones 1993). Rich fens, fens on soils rich in calcium carbonate and other salts, are extremely rare in Colorado, but are most common in South Park. Sedges, spike rush, tufted hairgrass and Canadian reedgrass dominate these wetlands. Colorful patches of marsh marigold, elephantella, queen’s crown, king’s crown and other wildflowers occur in many fens. In some of the wetter areas, only one or two species of sedge may dominate the entire site.

 The U. S. Fish and Wildlife Service is in the process of listing fens as Resource Categories 1 or 2 of the FWS Mitigation Policy (Federal Register, Volume 46, Number 15, 1981). Since these wetlands are essentially irreplaceable (they take hundreds or thousands of years to develop), the FWS mitigation goal is no net loss of existing habitat value or no net loss of in-kind habitat value, depending on the richness of the wetland being evaluated (USFWS 1997). SOQ-KR-93632 Part II: Wetland and Riparian Communities 136 Attachment -2 Rocky Mountain Region - Wetlands

   

Alpine habitats are those that occur above treeline, where vegetation patterns are controlled by snow retention, wind desiccation and permafrost (Galatowitsch 1988). Alpine wetlands occur where permanent snow fields provide a steady source of water through the growing season. They are highly variable, ranging from late-lying snowbed communities to communities surrounding permanent pools. Alpine wetland and riparian communities occur at the highest elevations in the Rocky Mountains, near or above treeline and are similar on both the east and west slopes.

Tips for alpine projects Due to the high elevation, harsh environmental conditions, and difficult access, planting in the alpine zone presents special complications.

 Short growing seasons and cold temperatures limit plant growth rates, slowing establishment and visible progress of revegetation.  Few high altitude native plant materials are available from commercial suppliers.  Very little information regarding the germination requirements of native high-altitude species is available. High altitude species are even less likely than lower altitude native species to conform to the desired “garden model” of rapid germination and vigorous establishment.

The severe environmental conditions of high elevations can devastate carefully acquired/propagated plant materials. Among the most harmful factors are wildlife browsing (including pocket gophers), summer freezes, snowmold and frost-heaving especially during spring when young seedlings trapped in a frozen surface soil layer are often ripped out of the ground by ice crystals growing from below.

 Below treeline and in the moister, less windy alpine communities, plants listed in the Plant Finders can perform well if seeded in the fall and provided with a durable mulch cover such as bonded fiber matrix or well-anchored excelsior or other organic mats.

 In moderately windy sites, establishment must be done via planting rather than seeding. Appropriate species for such sites are not ordinarily available (e.g., Bellardi kobresia (Kobresia myosuroides), or blackroot sedge (Carex elynoides)) and must be propagated by special order. Mulches in these sites must be more carefully applied than those in sheltered sites.

 In the most exposed alpine sites (fellfields), prospects of successful revegetation within a decade are small. Success is likely to result from custom propagation of fellfield native species, careful positioning relative to microtopography, and subtle use of microtopographic objects such as rocks to produce a moderate, but not overly protected microsite for the plantings.

For more information, see Proceedings of the High Altitude Revegetation Workshops, Willard 1972. SOQ-KR-93632 Part II: Wetland and Riparian Communities 137 Attachment -2 Rocky Mountain Region - Wetlands

    Alpine snow glades occur in areas with late-season snow retention, where snow cover protects plants from winter frost, shortens the growing season and provides moisture during the growing season (Galatowitsch 1988). Characteristic species of snow glades include tufted hairgrass, phippsia, black sedge, avens, alpine sagewort and daisy fleabane.

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GRAMINOIDS Carex crandallii Pyrenean sedge Carex nigracans black sedge Deschampsia cespitosa tufted hairgrass Juncus drummondii Drummond’s sedge Phippsia algida phippsia Phleum communtatum alpine timothy

FORBS Artemisia scopulorum alpine sagewort Erigeon melanocephalus black-headed daisy Erigeron simplex onestem fleabane Geum rossii var. turbinatum alpine avens Ranunculus adoneus snow buttercup Sibbaldia procumbens sibbaldia

SHRUBS Salix arctica arctic willow

  !  Alpine wet meadows occur below persistent snow drifts, behind solifluction terraces, over permafrost and around cirque or tarn lakes and ponds (Galatowitsch 1988, Peale 1996). Solifluction depressions (nivation depressions) and pools also accumulate water from summer thunderstorms, greatly augmenting available soil moisture (Willard 1979). Characteristic alpine wet meadow species include tufted hairgrass, Nelson’s sedge, mountain sedge , Drummond rush , marsh marigold, alpine bistort, elephantella, and Parry’s primrose.

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GRAMINOIDS Carex crandallii Pyrenean sedge Carex nelsoni Nelson’s sedge Carex scopulorum mountain sedge Deschampsia cespitosa tufted hairgrass SOQ-KR-93632 Part II: Wetland and Riparian Communities 138 Attachment -2 Rocky Mountain Region - Wetlands

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GRAMINOIDS (continued) Juncus castaneus chestnut rush Juncus drummondii Drummond’s rush

FORBS Polygonum bistortoides American bistort Polygonum viviparum alpine bistort Caltha leptosepala marsh marigold Clementsia rhodantha queen’s crown Epilobium anagadallidifolium alpine willowherb Pedicularis groenlandica elephantella Primula parryi Parry’s primrose

SHRUBS Salix planifolia planeleaf willow

Deschampsia cespitosa SOQ-KR-93632 Part II: Wetland and Riparian Communities 139 Attachment -2 Rocky Mountain Region - Riparian

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Along mountain streams, discontinuous patches of forest intermix with shrub communities and herbaceous wetlands. Forests of narrowleaf cottonwood, river birch, mountain alder, and clumps of aspen occur along the banks of the Colorado streams. Along permanent streams in cooler canyons, blue spruce, Douglas-fir, and white fir (southern Colorado) anchor the banks. At higher elevations, Englemann spruce becomes the dominant tree. Dense thickets of shrub willows, red- osier dogwood and gooseberries occur under the forest canopy. Wildflowers such as cow parsnip, chimingbells, monkshood and bittercress form a dense, showy understory along many mountain streams.

In open, unforested areas, dense patches of willow shrubs, bog birch and shrubby cinquefoil may form. Sedges, rushes, and grasses such as tufted hairgrass grow in grassy strips on the banks of many streams, especially where grazing occurs. In the subalpine, communities of chimingbells, monkeyflower, bittercress and other wildflowers cover the banks of small streams.

Notes on riparian projects Hydrology and stream dynamics are critical factors for the success of riparian projects. The work needed to restore proper functioning will depend on the current condition of the stream and the riparian vegetation. Questions to consider include  Would changes in land use (i.e., changes in grazing season or stocking numbers, closing or moving trails, etc.) be sufficient to improve stream functioning and riparian vegetation?  Is stream hydrology suitable to support the planned changes?

For some of the many available references on riparian projects, see American Fisheries Society 1982, Briggs 1995 and 1996, Clary 1996, Crumpacker 1985, Hughes 1996, and Schultze 1984. SOQ-KR-93632 Part II: Wetland and Riparian Communities 140 Attachment -2 Rocky Mountain Region - Riparian

  

Willow carrs occur on organic soils along montane and subalpine streams, on broad floodplains inundated by beaver dams, around the edges of sedge-dominated fens, and around glacial lakes and on solifluction terraces in the alpine zone.

!   In the montane zone, willow carrs occur adjacent to meandering streams on broad floodplains often inundated by beaver dams. Tall willows, in various combinations, often dominate these communities. Typical tall willow species include Drummond’s willow, Geyer’s willow, planeleaf willow, shining willow and mountain willow. Barrenground willow, Wolf’s willow and bog birch may be present, but more commonly occur at higher elevations. Water sedge, beaked sedge and bluejoint reedgrass are common in the understory along with a variety of forbs.

    In the subalpine, planeleaf willow is usually the dominate species of willow carrs; bog birch, Wolf’s willow and barrenground willow may also be important. These species may form short, but nearly impenetrable thickets around small glacial lakes or on poorly-drained soils along streams. Shrubby cinquefoil may form a ring around the edge of the willow carrs, especially in heavily grazed areas. Understory vegetation may be sparse where willows are dense or may be extremely dense and diverse. Elephantella, marsh marigold, globe flower, water and beaked sedges are common understory species. Many other species, not listed here, may be found in native willow communities.

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GRAMINOIDS Alopecuris alpinus shortawn foxtail Calamagrostis canadensis bluejoint reedgrass Carex aquatilis water sedge Carex lanuginosa woolly sedge Carex nebrascencis Nebraska sedge Carex scopulorum mountain sedge Carex utriculata beaked sedge Deschampsia cespitosa tufted hairgrass Eleocharis palustris common spike-rush Eleocharis quinqueflora fewflower spike-rush Juncus arcticus arctic rush Juncus castaneus chestnut rush Juncus confusus Colorado rush Juncus longistylis longstyle rush Juncus mertensianus Merten’s rush Juncus parryi Parry’s rush Juncus saximontanus Rocky Mountain rush Luzula parviflora smallflowered woodrush Muhlenbergia filiformis pullup muhly SOQ-KR-93632 Part II: Wetland and Riparian Communities 141 Attachment -2 Rocky Mountain Region - Riparian

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GRAMINOIDS (continued) Phleum commutatum alpine timothy Poa leptocoma bog bluegrass Poa palustris fowl bluegrass Poa reflexa nodding bluegrass

FORBS Allium geyeri Geyer’s onion Allium schoenoprasum wild chives Androsace filiformis filiform rock-jasmine Antennaria corymbosa flattop pussytoes Antennaria rosea rosy pussytoes Anticlea elegans mountain death camas Astragalus alpinus alpine milkvetch Polygonum bistortoides American bistort Polygonum vivipara alpine bistort Caltha leptosepala marsh marigold Cardamine cordifolia heartleaf bittercress Clementsia rhodantha queen’s crown Delphinium barbeyi tall larkspur Epilobium saximontanum Rocky Mountain willow-herb Erigeron peregrinus subalpine fleabane Geum macrophyllum largeleaf avens Heracleum sphondylium cow-parsnip Iris missouriensis Rocky Mountain iris Pedicularis groenlandica elephantella Polemonium foliosissimum towering Jacob’s ladder Potentilla pensylvanica Pennsylvania cinquefoil Rhodiola integrifolia king’s crown Senecio integerrimus lambstongue groundsel Swertia perennis star gentian Thermopsis montana mountain thermopsis Trollius laxas American globe-flower Valeriana edulis edible valerian Valeriana occidentalis western valerian Veronicastrum serpyllifolium thyme-leaved speedwell

TREES AND SHRUBS Betula glandulosa bog birch Kalmia microphylla alpine laurel Pentaphylloides floribunda shrubby cinquefoil Ribes lacustre prickly currant Salix brachycarpa barrenground willow Salix drummondiana Drummond’s willow Salix geyeriana Geyer’s willow Salix monticola mountain willow Salix planifolia planeleaf willow Salix wolfii Wolf’s willow Vaccinium cespitosum dwarf blueberry SOQ-KR-93632 Part II: Wetland and Riparian Communities 142 Attachment -2 Rocky Mountain Region - Riparian

  

Riparian plant communities consist largely of deciduous forests on lower montane streams and rivers and evergreen forests of higher elevations. Characteristic tree species of the montane zone include narrowleaf cottonwood, Douglas-fir or aspen. Commonly associated understory species include river birch, alder, red-osier dogwood, bush honeysuckle, and sandbar, mountain, Drummond’s, Geyer’s, and shining willow. Higher elevations are characterized by quaking aspen, Engelmann spruce and subalpine fir; Colorado blue spruce and white fir are common in both zones in southern Colorado. The shrub and herbaceous layers in subalpine riparian forests tend to be extremely lush and diverse. Since they vary considerably from one site to another, only a few of the herbaceous species in the Plant Finder are listed in bold. Many of the understories species from the montane are also found in subalpine riparian forests.

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GRAMINOIDS Alopecuris alpinus shortawn foxtail Calamagrostis canadensis bluejoint reedgrass Calamagrostis stricta slimstem reedgrass Carex aquatilis water sedge Carex utriculata beaked sedge Deschampsia cespitosa tufted hairgrass Eleocharis palustris common spike-rush Juncus arcticus arctic rush Juncus confusus Colorado rush Juncus longistylis longstyle rush Juncus mertensianus Merten’s rush Juncus saximontanus Rocky Mountain rush Luzula parviflora smallflowered wood-rush Phleum commutatum alpine timothy Poa leptocoma bog bluegrass Poa palustris fowl bluegrass Poa reflexa nodding bluegrass

FORBS Allium geyeri Geyer’s onion Allium schoenoprasum wild chives Cardamine cordifolia heartleaf bittercress Clementsia rhodantha queen’s crown Delphinium barbeyi tall larkspur Erigeron peregrinus subalpine fleabane Frasera speciosa monument-plant Galium septentrionale northern bedstraw Galium trifidum threepetal bedstraw Geranium viscosissimum sticky purple geranium Heracleum sphondylium cow-parsnip SOQ-KR-93632 Part II: Wetland and Riparian Communities 143 Attachment -2 Rocky Mountain Region - Riparian

/02J 17/1/0/0102,* 17/1/0K!0/0/02/71055 6210/05715102879

FORBS (continued) Iris missouriensis Rocky Mountain iris Ligusticum porteri Porter’s licoriceroot Micranthes odontoloma brook saxifrage Pedicularis groenlandica elephantella Pedicularis procera giant lousewort Potentilla pensylvanica Pennsylvania cinquefoil Rudbeckia hirta black-eyed susan Senecio serra tall ragwort Senecio triangularis arrowleaf groudsel Thermopsis montana mountain thermopsis Valeriana edulis edible valerian Valeriana occidentalis western valerian Veronicastrum serpyllifolium thyme-leaved speedwell Vicia americana American vetch

TREES AND SHRUBS Abies concolor white fir Abies lasiocarpa subalpine fir Acer glabrum Rocky Mountain maple Acer negundo box elder Alnus incana thinleaf alder Betula occidentalis water birch Crataegus rivularis river hawthorn Lonicera involucrata twinberry honeysuckle Pentaphylloides floribunda shrubby cinquefoil Picea engelmannii Engelmann spruce Picea pungens blue spruce Populus angustifolia narrowleaf cottonwood Populus tremuloides quaking aspen Prunus virginiana black chokecherry Ribes lacustre prickly currant Ribes montigenum gooseberry currant Salix brachycarpa barrenground willow Salix drummondiana Drummond’s willow Salix geyeriana Geyer’s willow Salix lucida shining willow Salix monticola mountain willow Salix planifolia planeleaf willow Salix wolfii Wolf’s willow Seriphidium canum silver sagebrush SOQ-KR-93632 Part II: Wetland and Riparian Communities 144 Attachment -2 Rocky Mountain Region - Riparian

    !! 

Herbaceous riparian communities occur in the tundra along the headwaters of streams. These narrow bands of lush vegetation are composed primarily of forb species with occasional graminoids.

/02J 17/1/0/0102-* 17/1/0.710 17/1/00115 6210/05715102879

GRAMINOIDS Deschampsia cespitosa tufted hairgrass

FORBS Cardamine cordifolia heartleaf bittercress Delphinium barbeyi tall larkspur Epilobium anagallidifolium alpine willowherb Erigeron peregrinus subalpine fleabane Mertensia ciliata mountain bluebells Primula parryi Parry’s primrose Senecio triangularis arrowleaf groundsel

Betula glandulosa SOQ-KR-93632 Part II: Wetland and Riparian Communities 145 Attachment -2 Western Plateau and Canyon Region - Wetlands

   &    

The landforms of western Colorado are an interesting mosaic of mountains (Uinta, Park, Gore, Elk, Sawatch and San Juan Ranges), mesas (Battlement and Grand), plateaus (White River, Roan and Uncompahgre), and basins (Wyoming, Piceance and San Juan). Major river systems draining the region and sometimes forming large canyons and valleys, include the Yampa, White, Colorado, Gunnison, Dolores and Animas. Wetland and riparian communities are as varied as the terrain; many are extremely saline or alkaline and are described more fully below.  

Notes on wetland projects For wetland creation or restoration, hydrology is all important. Some questions to consider are  What is the source of water for the wetland and how reliable is it?  How much water is available and for how long during the year?  Will wetland plants establish naturally or are manipulation of the hydrology and seeding and planting necessary?

Study the arrangement of the plants in wetlands. Different plants grow in different amounts of water or in soils with different saturation levels. As a result, rings of different plant species often form around ponds or playas. For that reason, shallowly graded slopes around ponds will provide more wetland habitat than steep slopes.

There are many references on wetland restoration and creation. A few which are listed in the reference section include Haskisaki 1996, Kusler and Kentula 1990, Mutz et al. 1988, Peale 1996, and Schneller-McDonald 1990.

! "

Freshwater marshes occur in water less than 1.5 feet (0.5 m) deep and on adjacent saturated soils. Typical associated plant species include softstem bulrush, broad-leaved cattail, spike-rush, Arctic rush and arrowhead. Alkaline and saline marshes are characterized by hardstem and three-square bulrush, narrow-leaved cattail and arctic rush, growing on periodically saturated soils. Submergent and floating aquatic plants occur where water is deeper than 1.5 feet (0.5 m), and are characterized by pondweeds, bladderwort, water milfoil and water crowfoot. SOQ-KR-93632 Part II: Wetland and Riparian Communities 146 Attachment -2 Western Plateau and Canyon Region - Wetlands

/02J 17/1/0/0102;* /02.53:/!/535 6210/05715102879 GRAMINOIDS Beckmannia syzigachne American sloughgrass Carex aquatilis water sedge Carex utriculata Northwest territory sedge Eleocharis palustris common spike-rush Glyceria grandis American mannagrass Juncus arcticus mountain rush Juncus longistylis longstyle rush Juncus nodosus jointed rush Juncus torreyi Torrey’s rush Persicaria coccinea scarlet smartweed Scirpus acutus hardstem bulrush Scirpus pungens three-square bulrush Scirpus maritimus saltmarsh bulrush Scirpus microcarpus panicled bulrush Typha latifolia broadleaf cattail

FORBS Alisma triviale northern water plantain Lycopus americanus American water horehound Lycopus asper rough bugleweed Sagittaria cuneata arumleaf arrowhead Sagittaria latifolia broadleaf arrowhead

/02J 17/1/0/0102<* /02.G/10!/535 6210/05715102879 GRAMINOIDS Carex nebrascensis Nebraska sedge Eleocharis palustris common spike-rush Juncus arcticus arctic rush Juncus compressus roundfruit rush Juncus torreyi Torrey’s rush Puccinellia airoides alkali grass Scirpus acutus hardstem bulrush Scirpus nevadensis alkali bulrush Scirpus maritimus saltmarsh bulrush Triglochin concinna low arrow-grass Triglochin maritima maritime arrow-grass Typha angustifolia narrow-leaved cattail

FORBS Glaux maritima sea milkwort Halerpestes cymbalaria alkali crowfoot Persicaria coccinea scarlet smartweed Potamogeton pectinatus sago pondweed Rumex maritimus golden dock SOQ-KR-93632 Part II: Wetland and Riparian Communities 147 Attachment -2 Western Plateau and Canyon Region - Wetlands

! 

!  Wet meadows often surround marshes, occupying saturated to moist soils. Plant species present reflect the degree of alkalinity or salinity; when the pH is near-neutral to slightly alkaline, Nebraska sedge, arctic rush, common spike-rush and Torrey’s rush are common species.

/02J 17/1/0/0102* /02K!/53!/4105/02 !/2:5 6210/05715102879

GRAMINOIDS Alopecuris aequalis shortawn foxtail Carex emoryi Emory’s sedge Carex lanuginosa woolly sedge

Carex nebrascensis Nebraska sedge Eleocharis palustris common spike-rush Hordeum jubatum foxtail barley Juncus arcticus arctic rush Juncus confusus Colorado rush Juncus longistylis longstyle rush Juncus nodosus jointed rush Juncus saximontanus Rocky Mountain rush Juncus torreyi Torrey’s rush Panicum virgatum switchgrass Pascopyrum smithii western wheatgrass Stipa viridula green needlegrass

FORBS Apocynum cannabinum Indian hemp Asclepias speciosa showy milkweed Cicuta douglasii western water hemlock Cyclachaena xanthifolia marsh-elder Epilobium ciliatum willow-herb Gaura parviflora velvetweed Glycyrrhiza lepidota wild licorice Helianthus nuttallii Nuttall’s sunflower Mentha arvensis wild mint Mimulus glabratus monkey-flower Monolepis nuttalliana Nuttall’s povertyweed Oenothera elata Hooker’s evening-primrose Rorippa palustris yellowcress Rorippa sinuata spreading yellowcress Rorippa teres southern marsh yellowcress Rumex hymenosepalus canaigre dock Scrophularia lanceolata lanceleaf figwort SOQ-KR-93632 Part II: Wetland and Riparian Communities 148 Attachment -2 Western Plateau and Canyon Region - Wetlands

/02J 17/1/0/0102* /02K!/53!/4105/02 !/2:5 6210/05715102879

FORBS (continued) Senecio hydrophilus water groundsel Solidago canadensis Canada goldenrod Stachys palustris marsh hedge-nettle Veronica americana American speedwell

TREES AND SHRUBS Pentaphylloides floribunda shrubby cinquefoil Rosa woodsii Wood’s rose Salix exigua sandbar willow

 !  Where the sites are moderately to highly alkaline or saline, saltgrass, alkali sacaton, alkali- grass, alkali cordgrass, meadow foxtail, foxtail barley, three-square bulrush, sea-blite and arrowgrass are typically present. Moist to wet swales and seeps also support the characteristic plant species identified in the above discussion.

/02J 17/1/0/0102* /02KG/10!/53!/4105/02/!/2:5 6210/05715102879

GRAMINOIDS Alopecurus aequalis shortawn foxtail Carex nebrascensis Nebraska sedge Distichlis spicata inland saltgrass Eleocharis palustris common spike-rush Hordeum jubatum foxtail barley Juncus arcticus arctic rush Juncus nodosus jointed rush Juncus saximontanus Rocky Mountain rush Juncus torreyi Torrey’s rush Muhlenbergia asperifolia alkali muhly Panicum virgatum switchgrass Pascopyrum smithii western wheatgrass Puccinellia airoides Nuttall’s alkali grass Sporobolus airoides alkali sacaton Stipa viridula green needlegrass Triglochin concinna low arrow-grass

FORBS Asclepias speciosa showy milkweed Brachyactis ciliata alkali rayless aster Brachyactis frondosa leafy rayless aster Gaura parviflora velvetweed Glaux maritima sea milkwort SOQ-KR-93632 Part II: Wetland and Riparian Communities 149 Attachment -2 Western Plateau and Canyon Region - Wetlands

/02J 17/1/0/0102* /02KG/10!/53!/4105/02/!/2:5 6210/05715102879

FORBS (continued) Glycyrrhiza lepidota wild licorice Helianthus nuttallii Nutall’s sunflower Iva axillaris povertyweed Oenothera elata Hooker’s evening-primrose Oenothera villosa hairy evening-primrose Solidago canadensis Canada glodenrod Suaeda calceoliformis Pursh seepweed Suaeda moquini Mojave seablite Suaeda nigra black seablite

TREES AND SHRUBS Atriplex argentea silverscale saltbush Rosa woodsii Wood’s rose Sarcobatus vermiculatus greasewood

Distichlis spicata SOQ-KR-93632 Part II: Wetland and Riparian Communities 150 Attachment -2 Western Plateau and Canyon Region - Riparian

  !! 

Typically, riparian forests and shrubland communities of lower elevations of the Western Plateau and Canyon region occur on low terraces and floodplains. In the foothills, streams tend to be narrower with swifter flowing water. Water levels on these streams may fluctuate widely during the year, from several feet above the stream bottom during spring and after thunderstorms to dry or a small trickle in the fall. Riparian areas often include a mosaic of vegetation types, with wetlands at stream edges, in backwater areas, or old oxbows, and upland vegetation interspersed with riparian species.

Notes on riparian projects Hydrology and stream dynamics are critical factors for the success of riparian projects. The work needed to restore proper functioning will depend on the current condition of the stream and the riparian vegetation. Questions to consider include  Would changes in land use (i.e., changes in grazing season or stocking numbers, closing or moving trails, etc.) be sufficient to improve stream functioning and riparian vegetation?  Is stream hydrology suitable to support the planned changes?

For some of the many available references on riparian projects, see American Fisheries Society 1982, Briggs 1995 and 1996, Clary 1996, Crumpacker 1985, Hughes 1996, and Schultze 1984.

   J   

Riparian plant communities consist largely of deciduous forests on lower river terraces and floodplains, dominated by Fremont cottonwood in the lower elevations and narrowleaf cottonwood along moderate-gradient streams above about 6,000 feet (1829 meters) elevation. Commonly associated shrubs at lower elevations include skunkbush sumac, rabbitbrush, sandbar willow, and groundsel-tree; at higher elevations, box-elder and Douglas-fir trees, and sandbar willow, Woods' rose, river birch, alder, and red-osier dogwood are typical species in riparian communities. Many of these communities have been invaded by nonnative salt- cedar, Russian-olive and Siberian elm.

/02J 17/1/0/0102+?* 17/1/0K27/105/02/5 6210/05715102879

GRAMINOIDS Distichlis spicata inland saltgrass Hordeum jubatum foxtail barley Juncus arcticus arctic rush Panicum virgatum switchgrass Pascopyron smithii western wheatgrass Spartina pectinata prairie cordgrass SOQ-KR-93632 Part II: Wetland and Riparian Communities 151 Attachment -2 Western Plateau and Canyon Region - Riparian

/02J 17/1/0/0102+?* 17/1/0K27/105/02/5 6210/05715102879

FORBS Apocynum cannabinum Indian hemp Clematis ligusticifolia western white clematis Cyclachaena xanthifolia marsh-elder Glycyrrhiza lepidota wild licorice Hydrophyllum fendleri Fendler’s waterleaf Iris missouriensis Rocky Mountain iris Maianthemum stellatum starry false Solomon’s seal Mentha arvensis wild mint Monarda fistulosa wildbergamot beebalm Potentilla rivalis brook cinquefoil Solidago canadensis Canada goldenrod

TREES AND SHRUBS Acer negundo box-elder Amorpha fruiticosa desert indigobush Artemisia tridentata ssp. tridentata big sagebrush Baccharis salicina Great Plains false-willow Celtis reticulata netleaf hackberry Chrysothamnus nauseosus rubber rabbitbrush Chrysothamnus viscidiflorus green rabbitbrush Forestiera pubescens stretchberry Juniperus scopulorum Rocky Mountain juniper Prunus virginiana black chokecherry Populus angustifolia narrowleaf cottonwood Populus deltoides ssp.wizlizenii Fremont cottonwood Populus tremuloides quaking aspen Rhus trilobata skunkbush sumac Ribes aureum golden currant Rosa woodsii Woods’ rose Salix amygdaloides peachleaf willow Salix bebbiana Bebb willow Salix exigua sandbar willow Salix lucida shining willow

/02J 17/1/0/0102+* 17/1/0K315/02/0805 6210/05715102879

GRAMINOIDS Glyceria grandis American mannagrass Glyceria striata fowl mannagrass Hordeum jubatum foxtail barley Juncus arcticus arctic rush Pascopyron smithii western wheatgrass SOQ-KR-93632 Part II: Wetland and Riparian Communities 152 Attachment -2 Western Plateau and Canyon Region - Riparian

/02J 17/1/0/0102+* 17/1/0K315/02/0805 6210/05715102879

GRAMINOIDS (continued) Poa palustris fowl bluegrass Stipa viridula green needlegrass

FORBS Apocynum cannabinum Indian hemp Clematis ligusticifolia western white clematis Cyclachaena xanthifolia marsh-elder Epilobium angustifolium fireweed Equisetum arvense field horsetail Glycyrrhiza lepidota wild licorice Heracleum sphondylium cow-parsnip Hydrophyllum fendleri Fendler’s waterleaf Iris missouriensis Rocky Mountain iris Maianthemum stellatum starry false Solomon’s seal Mentha arvensis wild mint Mertensia ciliata mountain bluebells Monarda fistulosa wildbergamot beebalm Potentilla rivalis brook cinquefoil Solidago canadensis Canada goldenrod Veratrum tenuipetalum Colorado false hellebore Vicia americana American vetch

TREES AND SHRUBS Acer glabrum Rocky Mountain maple Acer negundo box-elder Alnus incana thinleaf alder Betula occidentalis water birch Crataegus rivularis river hawthorn Lonicera involucrata twinberry honeysuckle Picea pungens Colorado blue spruce Populus angustifolia narrowleaf cottonwood Populus deltoides plains cottonwood Populus tremuloides quaking aspen Prunus virginiana black chokecherry Pseudotsuga menziesii Douglas-fir Ribes aureum golden currant Ribes cereum wax currant Rosa woodsii Woods’ rose Rubacer parviflorum thimbleberry Salix amygdaloides peachleaf willow Salix bebbiana Bebb willow Salix exigua sandbar willow Salix lucida shining willow Salix monticola mountain willow SOQ-KR-93632 Part II: Wetland and Riparian Communities 153 Attachment -2 Revegetation Techniques

     "D 

This section is divided into five steps:

"  "

1. Planning Your Project 154 2. Site Selection 155 3. Developing a Site Specific Plan 159 4. Seeding & Planting 173 5. Monitoring and Stewardship 187

WETLAND PROJECTS: REGULATORY COMPLIANCE & COMPENSATORY MITIGATION

Regulatory agencies such as the Corps of Engineers and the Environmental Protection Agency may require an applicant for a wetlands permit to construct, restore, or enhance wetlands to compensate for impacts to other wetlands. This guide provides information that can help you carry out such a project. However it is not meant as specific guidance for regulatory compliance. Always make sure that you have contacted the appropriate regulatory agency to understand their requirements for planning, implementing and monitoring the construction of a compensatory wetland project. A list of agency contacts is included in Appendix VII on page 255.

The following flow-chart presents the steps which are required for successful completion of a wetlands creation/restoration/enhancement project. The path you take will depend upon your goals for the project. The sequence of procedures will depend on the current condition of the project site. The following sections provide more detailed information on each step. SOQ-KR-93632 Part II: Wetland and Riparian Communities 154 Attachment -2 Revegetation Techniques

*  &  (

Identify the plant community to be created, restored, or enhanced.

Evaluate specific site or potential alternate sites using Site Assessment Considerations.

Project involves changes in site Project will not involve changes to hydrology, significant excavation or site hydrology, significant grade fill, or complex plantings. chances or complex plantings and a detailed plan not needed for regulatory compliance.

Obtain necessary authorization Obtain necessary authorization from regulatory agencies before from regulatory agencies before beginning work in or around beginning work in or around wetlands. wetlands.

Prepare conceptual wetland plan. Select species for seeding/planting.

Prepare final wetland plan. Select appropriate seeding and planting techniques.

Determine seed/plant sources and obtain plant material.

Eradicate weeds from the site.

Prepare planting sites.

Plant/seed project areas.

Control weeds and nuisance wildlife.

Monitor and maintain. SOQ-KR-93632 Part II: Wetland and Riparian Communities 155 Attachment -2 Revegetation Techniques – Site Selection

+*  

The success of a project depends on selecting a suitable site which will meet the goals and objectives of your wetland plan. In many cases, especially for simple revegetation projects, you may only be considering a single potential site for your project. For compensatory wetland projects, on-site mitigation of wetlands with similar functions (in-kind) is preferred. On-site replacement is not always possible, however, and you must find a suitable site for your project.

You should collect sufficient information for each project to

 identify possible sites  compare the features of these sites  estimate construction costs

The extent of site evaluation will depend on the type and size of the proposed project. Coordinate with other resource or regulatory agencies involved in the project.

Resource agencies may at times prefer off-site, out-of-kind mitigation if it creates a wetland type with higher value. If on-site, in-kind areas cannot be found, the preference is for replacement sites in the same watershed to avoid red-tape. For instance, consumptive water loss due to evapo-transpiration from created wetlands in another watershed may mandate the acquisition of adjudicated water rights.

!   

Site selection and evaluation involves collecting and analyzing information on such items as hydrology, soils, topography, biology, land ownership and use, and construction feasibility.

"& & Evaluating the hydrology of the site involves understanding surface and groundwater locations, quantity and quality of water, surface and subsurface flow patterns and seasonal fluctuations (Hammer 1992). B/:/ The amount and type of surface water available will influence the type and size of the wetland project. Items to consider when looking at a surface water wetland site include

 Maintaining water levels will be difficult or impossible if surface run-off is inadequate and alternative water sources are not available.  The amount of sediment entering the project area.  The likelihood of flooding and the severity of subsequent erosion (Hammer 1992).

If there are lakes or streams near the project site, monitor water elevation, flow rate and seasonal fluctuations in order to quantify water levels. Flow volumes in streams and lakes are often monitored by the US Geological Survey, state governments, irrigation districts and SOQ-KR-93632 Part II: Wetland and Riparian Communities 156 Attachment -2 Revegetation Techniques – Site Selection

other agencies. Where previously recorded data are unavailable, collecting information yourself will be necessary (Cooper 1993).

The water surface elevation in relation to a site is important and can be determined by installing and monitoring staff gauges. These gauges are essentially sturdy rulers anchored in a non-turbulent portion of the stream. At a minimum, data should be collected bi-weekly during the growing season and monthly in late summer and fall. Winter monitoring is normally not necessary. Data should be collected for at least one year (Cooper 1993). 02 / On wetland sites which will be supported by ground water, the review process must include on-site monitoring wells to measure ground water levels. Wells should be installed by someone who is experienced and qualified, and should be placed in a grid pattern across the potential site(s). The number of wells will depend on the size and complexity of the site.

During analysis and interpretation of data collected from wells, look for

 Seasonal fluctuations of water. A site which has a large fluctuation in water elevations may not be a suitable project location.  Depth to ground water. The deeper the hole, the less feasible a site will be due to costs associated with excavation and the potential that the site is not large enough to contain the excavation.  Precipitation records for the watershed to determine if data were collected during a wet or dry year (Cooper 1993).  How the water table is distributed across the site, whether water is isolated or perched and how it flows.  Whether ground water adjacent to a stream is flowing into (“gaining”) or out of (“losing”) the stream. In a “losing” stream situation, ground water decreases rapidly away from the stream and constructing a site will become a source of frustration. Wetland projects next to a “gaining” stream will typically be successful.

While reviewing the site, determine whether permanent structures or water diversions during construction will be needed to make the wetland successful. Project sites that require little or no future maintenance are preferred over those that use high-maintenance and man-made structures.

   Soils should be evaluated for permeability, erodability, texture, nutrients, pH and possible contaminants. Water holding capacity is influenced by soil texture, which will determine how long a soil will remain inundated. Coarse textured soils are more permeable than fine textured soils. Where soils are too porous, a clay liner, soil amendments or addition of topsoil may be needed to retain water. Such amendments will increase the cost of the project. Local soil surveys and soil testing labs (see page 72) can provide detailed analysis of soil samples. In many cases comparing the soils on your project site with the soil underlying an adjacent wetland can provide a good indication of the soil’s ability to support a wetland. SOQ-KR-93632 Part II: Wetland and Riparian Communities 157 Attachment -2 Revegetation Techniques – Site Selection

  "& The site must be surveyed prior to designing the wetland. The survey should be completed using one foot contour intervals, and include elevations of any groundwater wells, stream staff gauges, locations of existing vegetation, fences, and utilities. Relief should be low compared to the water table or surface water in order to minimize the cost of grading and excavation.

 & The current ecological function and social value of a site (see page 114) must be considered during site evaluation. The project should not destroy any existing wetlands or detrimentally affect any threatened or endangered species, or aesthetic values. Construction should be timed to avoid disrupting nesting birds or wildlife. The plants and animals which currently occupy the site are a good indicator of site quality because they reflect the present conditions of soil, water, climate and land use.

If surveys for threatened and endangered species are required, this may delay the project until a time when planting is undesirable, migratory birds are present, wildlife is breeding or rearing young, fish are spawning, etc.

If a selected site is adjacent to an existing wetland, construction should not alter the water conditions of the wetland or cause sediment to run into the wetland. An existing, high quality wetland could provide a plant and seed source for the proposed site, but it may also serve as a seed source of invasive plants. Avoid building adjacent to weedy wetlands.

  "  Information on land ownership, use (historical and present) and availability, costs, zoning, local ordinances and water rights is crucial to the site selection process. Adjacent land use is important; it could negatively affect the project’s goals or the project may create conflicts for surrounding land uses. For example, selecting a site next to a highway where run-off is heavily laden with roadway salts and sediments could shorten the life of the wetland. Wildlife attracted to a roadside wetland could become a hazard to travelers on the road.

   ! Construction feasibility is an important component of site selection. Is the site accessible? Will temporary roads or stream crossings have to be built? Will a temporary or permanent right-of-way agreement be required? Will material being excavated from the site have to be hauled away or can it be used on-site?

If maintenance will be required on the proposed wetland, consider the cost of maintaining the wetlands, availability of personnel and equipment to maintain the site and site access for maintenance (gates, roads, fencing, etc.).

"     Additional factors which should be considered in the site selection process include

 Proximity to potential disturbances or impacts.  Utility conflicts and relocation requirements. SOQ-KR-93632 Part II: Wetland and Riparian Communities 158 Attachment -2 Revegetation Techniques – Site Selection

 Need to fence and protect the site from wildlife, livestock, or people.  Regulatory considerations, agency concerns and permit requirements.  Presence of archeological or historical sites.  Anticipated costs.  Existence of benchmarks.  Educational components for land managers.  The public. SOQ-KR-93632 Part II: Wetland and Riparian Communities 159 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

)*   

 &   *   L    "!

      Creation is defined as human modification of the environment in areas which would not otherwise support wetland or riparian habitats. Wetland creation can be very complicated, and successful projects require the following practices.

 Collect baseline data on ground and surface water throughout the growing In the creation, restoration, and/or season for at least one year. enhancement of wetland and riparian habitats, the most basic and important  Compare the data collection year with long-term records to determine if it was need is to understand the hydrology average, wet, or dry. (Zedler and Weller 1989).  Design for a self sustaining wetland.  Understand the water and shade tolerance of the species that you wish to introduce.  Grade the site for average water levels.  Create topographic relief to account for hydrologic variability.  Create a spectrum of habitats from shallow water (up to 3 feet (0.9 m) deep), to moist soils, to soils with subsurface hydrology up to 2 to 5 feet (0.6 to 1.5 m) below the surface.  Seal the bottoms of dammed ponds or lakes if you wish to avoid an increase in water levels below the dam over time.

More detail is provided later in this section.

      Restoration is generally defined as the process of returning a site from a disturbed or totally altered condition to a previously existing or natural condition. As for creation projects, there are practices that help assure success in restoration.

 Collect baseline data on ground and surface water throughout the growing season for at least one year.  Remember that fertilizers are rarely necessary or helpful.  Be aware that some species may be adapted to particular soil types.  Use only plants well adpated for the elevation of the project.  Consider the site in the context of the current watershed condition (degraded versus healthy).  For restoration in and along stream channels, consider these areas in the context of watershed, upstream impacts, flow volume, flow fluctuation, seasonality of flow, total sediment load, sediment particle size, channel bank vegetation and valley gradient. SOQ-KR-93632 Part II: Wetland and Riparian Communities 160 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

 Consider the dynamic nature of streams and rivers prior to restoration/rehabilitation activities.

"!    Enhancement is defined as the increase in ecological function or societal values of an existing wetland as a result of human activity. Enhancement project needs are similar to those described above for the habitat restoration projects.

You will notice in the sections which follow that there is an emphasis on the development of detailed plans. This guidance is provided because of the legal and ecological complexities associated with creating and restoring wetlands. But what if your project is not complex? You may want to skip this section, and go directly to the Seeding and Planting section beginning on page 173. There you will find a variety of techniques and general guidance that can be used for smaller scale projects where the hydrology is understood, no major grade changes are proposed, and planting is proposed for a single moisture regime.

"      

Once you have selected whether you plan to create, restore or enhance a wetland, you must begin to make sense out of the ecological and legal complexities of your project. Wetland specialists often use a Conceptual Wetland Replacement Plan to prepare for projects. This plan is generally developed for the benefit of project sponsors and/or regulatory agencies, and is meant to confirm that the project design meets the desired goals and objectives. The conceptual plan describes the wetland replacement plan through diagrams and notes or text.

The conceptual plan may be developed for one or more of the following reasons:

 To verify that a wetland can be developed/restored/enhanced at the selected replacement site and that it meets the desired goals and objectives.  To confirm for internal review the feasibility, desirability and cost factors prior to committing to the wetland replacement design or collecting additional information and data needed to develop final plans and specifications.  To allow affected parties (including regulatory agencies) to review and comment early in the process.  To allow the project sponsor or regulatory agencies to announce the plan in Public Notices requesting comments on the proposed action.  To verify and/or identify the types of additional information required.

 !  There is no specific format for a Conceptual Wetland Replacement Plan. The text may contain sections covering summary information, hydrology, general construction and grading, and vegetation. Diagrams should be at a scale of 1 inch = 100 feet (2.5 cm= 30 m) or greater (e.g., 1 inch = 50 feet), depending on the size of the site and the amount of detail that is necessary. Important sections or details may be drawn to scale; however, conceptual diagrams do not need to be drawn to scale. SOQ-KR-93632 Part II: Wetland and Riparian Communities 161 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

/80B/10

 A statement of the goals and objectives of the plan, how they were determined, and how the proposed design (as shown on the plan sheets) will achieve these goals and objectives. A report of the functions and values of the wetland to be lost and the replacement wetland would also be discussed here.  The acreage and type of the project wetland and that of the wetland to be lost (if any), including any transition zone, buffer area, and upland island(s).  A discussion and summary of estimated costs (construction, maintenance, monitoring) associated with the project.  Other possible considerations relating to the proposed wetland, including provisions for ownership and maintenance once the wetland project has been completed, and a summary indicating that permit stipulations (if any) have been satisfied for regulatory review.  The proposed monitoring protocol and schedule. (Note: This may also be required for regulatory review.) "8248

 A demonstration, with appropriate calculations, that the necessary REGULATORY COMPLIANCE NOTE hydrology will be available to sustain The level of information provided at this the project. If not yet documented, stage of project development varies with then the diagrams or notes should regulatory requirements and the type of detail what studies and/or monitoring project. Some regulatory agencies or will be done to ensure that the final permit programs have established design incorporates the necessary procedures for a Section 404 Permit hydrology and hydraulic design. application to be coordinated with the  Water depths (seasonal, temporary, preparation of environmental assessments or permanent) for the specified or environmental impact statements. vegetation species and communities should be shown on the diagrams. Although additional hydrologic information may be necessary in order to produce the final plans, the conceptual plan should show intended water levels. 0/0510/02 /2104

 A discussion of information, other than hydrological, that must be acquired before developing the final plan.  Existing and final grades, if known, should be included on the plans. If these are unknown, a note should indicate that this information will be acquired. Any other physical features of the project area should be described (e.g., stream location, unusual substrates, etc.).  Construction techniques, to the extent known, should be described in the text or on the diagrams where necessary.  Typical and clarifying cross-sections of the wetland should appear on the diagrams.  Any existing site constraints for construction and subsequent maintenance should be identified in the plan (e.g., site access). SOQ-KR-93632 Part II: Wetland and Riparian Communities 162 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

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 Plant communities and their extent (in acres) should be listed in the notes or text and identified on the diagrams. Open water, mudflats, channels, upland, transition and buffer zone, etc. should also be identified and mapped.

       

The most important documents produced for a wetland project are the Final Wetland Construction Plans. They should be developed in consultation with wetland professionals with an established record of successful projects. Furthermore, to ensure project success, the project designer must anticipate the timetable for acquiring all the information necessary for the final plans and specifications. Most of the necessary design information should be collected during the site selection process. Final Wetland Construction Plans contain more detailed data than the Conceptual Plan and will be used on site by construction crews.

 &  & Because Final Wetland Construction Plans are the most important documents produced for a wetlands project, they must contain clearly presented and accurate information. The success of the project is critically dependent on the accuracy and clarity of the Final Wetland Construction Plans. If it has not been verified during the conceptual planning phase, these plans should document that the goals and objectives of the project will be realized.

The monitoring protocol formulated for the wetland replacement project will be based on the premise of correct plans and specifications. Consequently, every effort should be taken to ensure that these plans contain

 Accurate site hydrology information.  Planting plans appropriate for the various hydrologic regimes.  Correct construction specifications.

The construction plans and specifications must be sufficiently detailed and complete so that they can be used for

 Bidding purposes.  Engineering, hydrologic, and ecological/biological review.  Project implementation.  Verification of the “as built” conditions.

If the plans contain any engineered items such as water control, diversion, conveyance, detention structures or other items that require engineering, they must be signed and sealed by a licensed professional engineer.

The Final Wetland Construction Plans should demonstrate a complete understanding of the technicalities of wetland replacement. The two most important factors that relate to the success of replacement projects, and which have been stressed throughout the design process, must be reflected in the plans. SOQ-KR-93632 Part II: Wetland and Riparian Communities 163 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

1. The hydrology that will be associated with the wetland replacement project must        be clearly understood and known to be        reliable so that vegetation communities       can be assigned with confidence to the        correct site elevations.               2. The construction plans and specifications must be site specific, sufficiently detailed, and accurate so that the wetland replacement project, if constructed according to the plans and specifications, will succeed.

To ensure that the document is clear, understandable and contains all the necessary information, it should be reviewed by wetland professionals prior to construction. This review may reveal whether design modifications or additional studies are required to minimize or eliminate costly mistakes and time-consuming corrective actions once construction begins.

The construction plans and specifications will be the permanent record of the project and will serve as the project’s baseline for post-construction monitoring and follow-up evaluations. Therefore, any discrepancies between the “as-built” project and the plans and specifications must be clearly noted on the plans with explanations.

The project wetland should require minimal maintenance; therefore, self-sustaining parameters (such as the source of sustaining hydrology) are preferred to engineered parameters. Reality dictates that after several years, or as determined by the wetland permit conditions (if any), the planned maintenance will stop and the wetland must persist.

 !  For most public agencies, a project will need to be described in the format appropriate for bidding packages. Typically, the information listed in the following categories is required.

 Summary information.  Hydrology report.  Biology report.  General construction and grading.  Vegetation (Planting Plans).  Sediment stabilization and erosion control.

This information, much of which is also recommended for the conceptual plan, is summarized on the next page as a checklist. The individual items are discussed in detail in the following sections. SOQ-KR-93632 Part II: Wetland and Riparian Communities 164 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

SECTION INFORMATION TO INCLUDE (All of the information listed does not necessarily apply to all projects) Summary Information ❏ Results of functional evaluations ❏ Goals and objectives ❏ Wetland types and acreage involved ❏ Costs ❏ Earthwork calculations and topsoil requirements ❏ Provisions for ownership ❏ Monitoring protocol and schedule Hydrology Report ❏ Hydrology summary (illustrated on plans and described in writing) ❏ Assumptions or modeling data ❏ Hydrologic verification Biology Report ❏ Biological benchmarks ❏ Soil seed bank studies General Construction And Grading ❏ Notes ❏ Plans ❏ Materials ❏ Construction timetable ❏ Benchmark locations ❏ Important site features ❏ Limits of disturbance ❏ Areas to be graded and back-filled ❏ Typical and atypical condition sections ❏ Stream/channel dimensions and configurations ❏ Details for construction of all structures ❏ Slope stabilization techniques ❏ Special considerations ❏ Specifications for de-consolidation of substrate ❏ Maintenance procedures Vegetation ❏ Lists of species for planting/seeding ❏ Lists of acceptable substitutes ❏ Commercial sources of plant materials ❏ Field collection instructions ❏ Special conditioning requirements ❏ Planting timetable ❏ Areas to be vegetated, identified by method ❏ Details for slope stabilization with vegetation ❏ Identification of party responsible for marking planting zones ❏ Criteria for acceptable plant material ❏ Plant handling instructions ❏ Special planting techniques ❏ Wetland topsoiling instructions ❏ Planting and fertilizing techniques ❏ Seeding instructions ❏ Soil amendment details ❏ Wildlife control structures ❏ Guarantee requirements ❏ Vegetation maintenance requirements Sediment Stabilization And Erosion ❏ Plans for the entire area must be prepared according to state and/or local Control requirements SOQ-KR-93632 Part II: Wetland and Riparian Communities 165 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

/80B/10 If a conceptual plan was developed and summary information included, it may be redundant to provide this information in the Final Wetland Construction Plan. Such information is important for internal consideration, for regulatory agency consideration, for the public record, and to track the history of the wetland replacement project. Suggested summary information includes:         The results of any functional evaluations of the affected wetland and of the replacement wetland (if required).      The goals and objectives of the wetland project should be stated and, if such goals and objectives arose from an evaluation of the affected wetland, then an evaluation of the new wetland should be provided—showing how the project objectives were met.      !   This can include a summary statement explaining the following (as applicable):

 The acreage and type of wetland to be lost due to the project and what will be replaced. The wetland areas that are proposed for restoration or enhancement.  Any buffer, transition, and upland habitat areas and/or which areas are being given replacement (mitigation) credit.    These include estimated pre-construction, construction, maintenance, monitoring and reporting costs for wetland replacement.   "     # $   A summary of the volumes of cut, fill, and topsoiling with conventional soils and/or wetland soils required for wetland replacement. %   &   Provisions for ownership that have been made after construction has been completed and all permit conditions (if any) have been satisfied. '  %    State the success criteria (i.e., goals), the monitoring parameters (i.e., methods), the monitoring schedule and date(s) (e.g., annually at the end of the growing season), and reporting schedule (e.g., report to be submitted to the Corps of Engineers by November 1 of each year). "8248 7 If the hydrologic studies and analyses produce voluminous data and results, it may be helpful to develop a hydrology report as part of the Final Wetland Construction Plan. However, summary statements regarding the designed hydrology must also be provided in the notes. Where applicable, the following elements should be included, at least in summary in the notes and in detail in the hydrology report: SOQ-KR-93632 Part II: Wetland and Riparian Communities 166 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

(  $$ The conclusions from all hydrologic evaluations must be summarized in the notes on the diagrams so that any person reviewing them will clearly understand the source of sustaining hydrology associated with the wetland project site. $   '  )  All assumptions made in the analysis must be clearly stated. If such assumptions relate to the transfer of data from one watershed to another where the wetland project is located, then data must be presented that validates, at least in part, the assumptions made. Similarly, if hydrological modeling was employed, information in the form of field data (collected at the wetland replacement site) should be presented that validates the model and assumption. (  *    Any time a wetland project site is connected to an existing wetland, a hydrologic analysis should be conducted to verify that the hydrology is sufficient to sustain both the existing wetland and the project. Such an analysis should be conducted during the site selection process and possibly during information gathering. 148 7 The biology report should provide detailed information which will facilitate replication of the desired type of natural ecosystem. The following elements are recommended: +  +  $" A reference wetland provides valuable information during the wetland design Using biological benchmarks as the process in the form of “biological basis for a wetland replacement plan benchmarks.” Biological benchmarks minimizes the potential for human error are the physical parameters of an in interpreting and replicating a natural existing, natural habitat which can be ecosystem and maximizes the measured, quantified and documented. probability of success of the project. Examples include plant densities, plant composition and zones, and ground surface distance from the sustaining hydrology. These documented parameters may then be utilized as a model for the restoration of a similar natural habitat.

Generally, the reference wetland will be located close to the wetland project site. A reference wetland is not usually necessary if the purpose of the wetland project is to replace the affected wetland “in-kind” (i.e., same wetland type with same species composition) and the design team was able to assess the affected wetland prior to project initiation. In this instance the species composition and habitat type(s) are known. A reference wetland may still provide valuable data regarding proper grades in relation to the source of sustaining hydrology. A reference wetland is always useful when the project goal is “in-kind,” and the affected wetland could not be assessed; and when the project goal is “out-of-kind” (i.e., different wetland type and/or different species composition from the affected wetland). SOQ-KR-93632 Part II: Wetland and Riparian Communities 167 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

After the desired wetland type has been established, the design team should Soil Seed Bank Studies identify a local wetland (preferably If a donor seed bank (i.e., from the topsoil of adjacent to the replacement site) which is the affected wetland) is proposed for use in the similar in characteristics to the planned wetland, then a soil seed bank study may be wetland. This wetland should then be desirable. This study may yield valuable assessed for its applicable biological information on the species composition of the benchmarks. seed bank, and the abundance and distribution of the species (Welling et al. 1988). With this information, predictions can be made about 0/0510/02 /2104 the vegetation which may become established from the donor seed bank. The process can be The general construction and grading plans time consuming and expensive. It is typically and specifications must be sufficiently used in areas where the presence of any complete and specific so that the general weedy species would compromise the project or the overall management principles of the contractor does not need to make decisions agency. Plan seed bank studies at least one that may affect the success of the project. It year in advance of finalizing your wetland is recommended that the general project. For further information on seed banks, construction and grading sections of the see Baskin and Baskin 1998, Leck et al. 1989, plans and specifications include, but not Gross 1990, Iverson and Wali 1982, and necessarily be limited to, the following Roberts 1972 and 1981. items: ,  Notes on the plans should contain  A summary statement regarding the designed hydrology at the site.  A statement directing the reviewer to the plan sheets to see the elevation(s) of the designed water level(s).  The project elevation and all water elevations tied to it.  Acceptable tolerance(s) in the final grades.  A restatement of any element in the construction timetable that is critical for success.  A restatement of any element in the special considerations and conditions for construction that is critical for success.  A restatement of any item in the special conditions of the wetland permit that relates to construction. % All plans should be scaled at 1 inch = 100 feet (2.5 cm = 30 m) or larger (e.g., 1inch = 50 feet) and show one-foot contours or better (e.g., 0.5-foot contours) throughout the final grades of all wetland areas. Spot elevations at all critical locations should be given. '  Details, requirements, quantities, and specifications for all listed materials (e.g., stone, added topsoil, wetland topsoil, geo-textiles, etc.) must be placed in the specifications. Summary tables should also be included on the plans. SOQ-KR-93632 Part II: Wetland and Riparian Communities 168 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

    $  The construction timetable should be clearly placed on the plans. Poor construction timing may often be linked to problems with, or failures of, wetland replacement projects. It is important to develop a thoughtful construction timetable that does not lead to inflated construction costs and yet ensures that a minimum of problems will arise due to construction delays. +  $"    The location(s) of all physical benchmark(s) must be shown on the plans with corresponding elevations clearly identified. !$        Features such as access points, power lines, rights of way, and property lines should be shown on the plans. $  )  The limits of all disturbance due to construction of the wetland replacement should be shown on the plans. Acceptable construction staging areas should also be identified on the plans.     +"  Areas to be graded below the final grade and then backfilled with conventional topsoil or wetland soils to the final grade must be clearly shown on the plans and sections, as well as discussed in the specifications. When a specific soil type is required for the establishment of vegetation, this should be clearly stated. Backfilling with acceptable soils may be necessary after sealing a site with a clay liner or when existing soils are not suitable for the establishment of specified vegetation.           Sections (such as a cross section for a typical segment of the wetland) in the plans must be shown for all typical and atypical conditions.   $-  )$      If stream/channel dimensions and configurations have been modeled to ensure configuration (erosional/depositional) stability, this should be stated in the plans and specifications so that extreme care will be taken to construct the stream/channel according to plan. )            Final Wetland Construction Plans must include detailed information regarding the construction of any water control/conveyance/diversion structures, as well as details for other structures such as stone aprons, concrete headwalls, etc. As indicated previously, the plans and specifications containing the design of such structures may have to be signed and sealed by a licensed engineer. SOQ-KR-93632 Part II: Wetland and Riparian Communities 169 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

  .    #  The final diagrams should indicate slopes that may be unstable even when vegetated. The plans should detail stabilization techniques, including stone armoring, combining appropriate geo-textile materials plus seeding/planting, or combining appropriate geo- textile materials plus stone armoring. Slope stabilization on vegetated slopes will vary depending on site conditions. For example, soil types and conditions, water flow rates in constructed streams and ditches, currents and waves generated by winds, etc.       Special considerations and conditions for construction should be placed in the specifications and restated in the notes when the item is critical to project success.     ) /       The substrate (soil) associated with all areas that are to be vegetated need to be de- consolidated (loosened) following construction. Specifications for substrate de- consolidation in these areas by disking, ripping, plowing or roto-tilling need to be provided. '  %    Maintenance procedures as they relate to structures and other non-vegetation related items should be detailed in the notes. Maintenance of vegetation should be placed in the vegetation section. If the necessary maintenance is to be performed under a separate contract, then it should not be a part of these plans. 4/10 Vegetation (i.e., landscaping tables, lists, notes and specifications) and the relationship of vegetation to the site hydrology are an important part of the Final Wetland Construction Plans. Items that need to be addressed (at a minimum) in the plans and specifications are provided below.      %    Lists should provide  Scientific and common names of plant species.  Types of plant materials (e.g., dormant bare root, growing bare root, unrooted cutting, balled & burlapped, container, fiber pot, etc.)  Container size, caliper and heights of trees and shrubs.  On-center spacings of plant materials and whether within areas or within clusters.  Quantities of plant materials.  Fertilizer formulations, rates, and quantities (if necessary, but they are not usually recommended for wetlands).  Soil amendments required (e.g., compost, sand, etc.).  Seed(s) and seeding rate(s).          Lists and tables identifying “Acceptable Substitutes” should be included because of the potential that some plant species and types of plant materials may be unavailable. SOQ-KR-93632 Part II: Wetland and Riparian Communities 170 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

 $$    % '  The names, addresses, phone and FAX numbers of all acceptable sources of plant material should be identified.      !    Reuse of salvaged on-site materials is preferred over purchasing commercial materials. If plant materials are to be obtained through field collection, the following information should be included in the plan:

 Identify the permitting agency or agencies (if any).  Detail which species may be collected.  Recommend method(s) of collections.  Identify optimum time for collection.  Establish maintenance requirements following collection.  Identify specific locations of acceptable donor sites that meet the approval of any necessary agency or agencies.      # $   Any special conditioning and time requirements for preparing plants to site conditions should be explained in the specifications. % $  Recommended times for planting should be stated. If planting can be done during different seasons of the year, identify the acceptable types of plant materials by date. In certain instances the site’s hydrology may not be expected to stabilize (or to achieve the designed pool level) rapidly. In such cases, planting of the wetland species may have to be delayed for up to one year or more following the construction of the wetland. Such instances must be clearly stated in the plans and specifications so the landscape contractors bidding the job understand the uncertainties associated with obtaining the necessary plant materials and with scheduling the work.    *   0!   '  All planting and seeding zones for specified species should be labeled clearly on the plans. Open zones specified for natural colonization, areas requiring topsoiling with wetland soils, and experimental work zones should also be labeled. Associated elevations for all of these areas should be clear on the plans. )    .  & *     If slope stabilization will be achieved with vegetation, details for seeding or planting in these areas should be included. There should be an explanation of how geo-textile materials will be combined with vegetation where this method is necessary. !     %     '"% 1   The individual responsible for staking or flagging the zones prior to planting/seeding should be listed (e.g., the project designer, landscape architect, the landscape contractor, or the general contractor). SOQ-KR-93632 Part II: Wetland and Riparian Communities 171 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

     % '  Criteria for ensuring the quality of plant materials at time of delivery or pick up at the nursery should be stated in the planting specifications. It should be clear what is considered acceptable and not acceptable for the types of plant materials specified. % (!    Instructions for the handling, storage, and maintenance of plant materials once they are delivered to the job site should be given.  %   #  If planting “in the dry,” directions for removal of water from the site prior to planting and returning water to the site following planting must be given. If planting “in the wet” (i.e., under water), directions and techniques must be described for proper installation of plant materials so that these items do not float out of the planting holes following planting.    !    If wetland soils are used for topsoiling (“mucking”), then provide specifications for obtaining, storing and stockpiling, maintaining and spreading the soils.  0%   .!    Specifications should describe seeding, planting and fertilizing (note that fertilizers are usually not used or recommended in wetlands), including details regarding the size of the planting hole, the underground depth of planting, what to do with excess soils after planting, where to place the fertilizer, etc.

 Beware of specifying the use of commercially available “wetland seed mixes”. They often contain undesirable invasive species and noxious weeds that have little wildlife value.   $ $  )  If soil amendments are to be used, details about the proportions to use, how to mix them, and what equipment, if any, might be used should be stated.         If wildlife grazing or browsing is expected to be a problem, specifications should include the construction of and timing for installing wildlife enclosures and/or other management controls. If trapping and relocation of wildlife is proposed, requirements of this activity, together with information about any necessary permits should be stated. Statements relating to the continuance of wildlife management should also be placed in the specifications for maintenance, since this will most likely be an ongoing activity.   # $   Details about guarantee requirements of the landscape contractor should be specified, and should include

 Guarantee period.  Survival percentages required for both herbaceous and woody plant materials SOQ-KR-93632 Part II: Wetland and Riparian Communities 172 Attachment -2 Revegetation Techniques – Developing a Site Specific Plan

 Guarantee required of seeding (if any).  Under what conditions the guarantee requirements will be relaxed and the landscape contractor not held responsible (e.g. if plants are in the ground and dead the contractor must replace them; if plants are pulled out or missing – the contractor is not responsible). *     # $  '  If maintenance is considered part of the contract, then describe any maintenance items required for vegetation. Otherwise, maintenance specifications should be included in a separate maintenance contract. 1/11F/10/025100 Separate soil stabilization and erosion control plans for the entire area throughout the limits of disturbance need to be prepared. Standard requirements and specifications for the preparation of these plans are generally available from the USDA, CDOT, UDFCD, state natural resources agencies or other equivalent departments. SOQ-KR-93632 Part II: Wetland and Riparian Communities 173 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

,*  

The wetland and riparian plant materials and planting techniques listed below are not a comprehensive list of all possible options. Rather, they list the materials and techniques which have been found to be most effective in Colorado’s wetland and riparian areas. Some of the materials and techniques presented are specifically applicable to wetlands only and are indicated as such. Because riparian habitats are composed of a mosaic of wetland, upland and transitional vegetation communities, it is important to apply the proper planting materials and techniques to each specific micro-habitat or vegetation community within a riparian area. The information in this chapter should be used in combination with the information presented in the Revegetaion Techniques section of the Upland Habitats portion of this manual, beginning on page 67, to formulate planting plans for riparian areas. There are also many other references on wetland and riparian revegetation techniques. For more information, see the reference section.

   

Seeding is normally the least expensive approach to establishing vegetation. Consequently, there is great interest in its application in wetland and riparian replacement projects. Unfortunately, there is little information available in the literature, from wetland scientists or from wetland restoration practitioners about which wetland plant species can be successfully seeded. Many wetland plants reproduce exclusively or primarily by vegetative means (shoots, suckers, rhizomes and stolons). For those species which can be successfully seeded, information about the technique(s), limitations and special requirements for successful seeding must be understood and incorporated into the plans and specifications. For these reasons, it is strongly suggested that wetland plant seed be used only in combination with other planting techniques and never used as the sole planting technique.

   !" 

 Hydroseeding is an inappropriate technique for wetland and riparian replacement. Should water levels at the replacement site rise above the seeded area prior to seed germination and seedling establishment, the mulch, binder and seed/seedlings will float and wash away.

The preferred method for dry seeding wetland and riparian areas is drill seeding (see page 89). More often than not, however, wetland and riparian replacement sites are inaccessible to large equipment; in these cases broadcast seeding (see page 90) is preferable.

 !=

 A few nurseries and seed suppliers provide wetland seed mixes. However, the seeds in such mixes often include undesirable species or species having limited habitat value and limited tolerance to varied hydrologic regimes. We strongly recommended that these “boxed” seed mixes never be considered for use in wetland and riparian replacement projects. SOQ-KR-93632 Part II: Wetland and Riparian Communities 174 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

       

Planting wetland and riparian plants (herbaceous and woody) is not significantly different from planting other types of plants. Although some sample planting specifications are provided here, planting specifications in general reflect those standards of the landscaping industry.

Using wetland/riparian replacement projects to experiment with new techniques that might improve the process and make it less costly should be encouraged, but not at the expense of overall success of the project. Consequently, experimental work should be confined to a small percentage (e.g., ≤ 5 percent of the overall project) so that this work, if unsuccessful, does not jeopardize the success of the entire project.

 &  Planting with most of the water drained from the site (“dry” planting) is desirable. This method should only be used if supplemental water will be available to prevent the plants from drying out. If dry planting is used, the planting will most likely be accomplished properly, and planting costs will be reduced by as much as a factor of ten. Even in six inches of water, planting costs may be double that for planting in the dry. The greatest difficulty in planting under water is to get the planting crew to take their time and ensure that the plants are firmly installed within the sediments so they do not float out. If planting under water is required, include in the specifications of the plan that the landscape contractor will be required to re-install any plants that float or are washed away.

   Planting densities will greatly influence planting costs and should not be casually specified or arbitrarily copied from the specifications of another wetland/riparian replacement project. As discussed below, planting densities should be arrived at objectively. There should be good reasons, other than cost, for low density plantings.

Substrate compaction will greatly affect herbaceous and woody plant survival as well as development and the rate of spreading of herbaceous and sometimes woody (spread by suckers) plants. It is important that substrate compaction not be a determining factor of planting density. The de-consolidation by physical means of substrates to be planted should be specified as part of the wetland/riparian replacement site construction plans and specifications. Substrates to be planted with herbaceous plants need to be de-consolidated to depths of four to six inches; substrates to be planted with trees and shrubs that are taller than one year old seedlings may require de-consolidation to depths of twelve to eighteen inches.

 !  "D 

Although an increasing number of nurseries are offering wetland and riparian plant species, the number of such nurseries is low. Even fewer nurseries carry a significant inventory of native plant species. Consequently, the required plant material for wetland and riparian projects are often not available from commercial sources.

When plant materials are unavailable commercially, the only sources are the natural habitats. Extracting large quantities (thousands to tens of thousands) of plugs or other planting units from SOQ-KR-93632 Part II: Wetland and Riparian Communities 175 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting natural wetlands and riparian areas can have significant negative effects even when undertaken by knowledgeable persons. From a practical standpoint the wetland/riparian replacement process is unproductive if it leads to significant adverse impacts to natural donor habitats.

On occasion, there is sufficient time available (i.e., more than one calendar year) to obtain the required plant materials. We strongly recommend that plant material needs for wetland and riparian replacement projects be identified well in advance, especially when the required quantities are in the hundreds of stems for woody materials and in the thousands for herbaceous materials. Such planning should involve contract growing arrangements with native plant nurseries. These arrangements ensure the production of the required plant materials and allow the nursery ample time to produce high quality materials. This manual provides a current list of native nursery and seed suppliers (see Appendix V on page 253).

Plant materials and their corresponding planting techniques below are divided into two categories: herbaceous and woody:

Herbaceous Plant Material Woody Plant Material Containerized Containerized trees and shrubs Plugs Transplanted trees and shrubs Bareroot Poles (Trees) Wetland seed Live stakes (Shrubs) Salvaged wetland topsoil Wattles (Shrubs)

"   !  "D  The following text provides a brief description of the collecting and planting techniques, intended application and design considerations for herbaceous plant material. 0/101F2 Containerized herbaceous material is typically grown from seed (either commercially supplied or collected on site) at a native plant nursery until it reaches a specified container size (e.g., 2.5 inch container, 10 cubic inch cone, 5 gallon pot, etc.). Bareroot material, rhizomes, tubers or bulbs of specific wetland and riparian species may also be selectively collected and contract grown within containers to a specified size at a native plant nursery. Containerized material is often the preferred form for herbaceous species because it provides a well developed soil/root mass which is hardy and has a relatively high survival rate.  Containerized plant material may be planted in spring, summer or fall. Spring planting is preferred because it allows the plant a full growing season to become established.  Containerized material allows flexibility in a project because it can be stored (under proper conditions) for a moderate period prior to installation. 45 Wetland plugs contain stems, roots, underground perennial parts and associated substrate of wetland plant material. Plugs are best transplanted into wetland sites where significant competition from other plants will not be a factor.  Collect plugs from adjacent or nearby wetlands with similar hydraulic regimes.  Take only a few plugs from each area of the wetland to disperse the impact of the harvest. SOQ-KR-93632 Part II: Wetland and Riparian Communities 176 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

 Remove plugs including rootmats with a pipe, post hole digger, tile spade or similar tool. The plug should be a minimum of 4 inches (10 centimeters) in diameter and 6 to 8 inches (15 to 20 cm) thick.  Transplant directly into the project site, in areas which meet the hydraulic requirements for each plant species.  Place in prepared hole, making sure that the soil surface of plug and new site are at the same grade. Do not compress the existing root mass.  For plugs of herbaceous fibrous root or rhizomatous material, soil may be removed and the plugs planted bareroot with good success. These plugs may also be divided into many more plants.  Make sure that plugs do not contain rhizomes of noxious species such as Canada thistle, quackgrass, smooth brome, etc. / Bareroot herbaceous material may be supplied as whole plants (i.e., upper plant parts and root systems) or as underground plant parts (i.e., propagules) such as rhizome cuttings, tubers and bulbs. This material is typically field collected or propagated at a native plant nursery and supplied without a container or soil.  Bareroot material is often purchased, potted, and grown into a larger size prior to planting.  Bareroot material has a somewhat lower survival rate than other herbaceous plant forms, and it must be planted (or potted) immediately upon delivery from the nursery.  Spring is the preferred season for planting bareroot material so that it is allowed a full growing season to mature. Fall planting is feasible; however, the survival rate decreases.  Bareroot material is typically planted by hand or with the use of an automated planter (e.g., Holland tree planter).  Bareroot plant material is not as hardy as containerized material, but it is less expensive. 2104 Seeds, whether collected from existing wetlands or purchased, may be used to re-establish portions of a wetland site. Seeding can aid in erosion control, improve wildlife habitat and improve aesthetics.  Seed in saturated or moist soils. Seeding underwater is difficult to control and once the seeds have germinated, the seedlings may float to the surface.  Seed in fall or early spring.  Prepare soil by tilling to a depth of 4 to 6 inches (10 to 15 cm). Do not add fertilizer to the site.  Drill seed if the site is not too moist. For saturated areas or sites too small for a drill, broadcast seed by hand and rake to cover the seed. Mulch with certified weed-free hay, crimped into the topsoil.  Seed left on the surface is good for birds and rodents but not for growing plants! /A/42 /02751 When impacts to existing wetlands cannot be avoided, the use of the existing wetland topsoil should be considered. Wetland topsoil contains valuable seeds and root stock, which will re- establish quickly in the proposed project site.  Wetland topsoil can be stockpiled or placed directly into the new site. The less time the topsoil is stockpiled the better, as seeds will begin to lose their viability. SOQ-KR-93632 Part II: Wetland and Riparian Communities 177 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

 Topsoil may be stripped to a depth of up to 18 inches (46 cm). Place topsoil at a minimum of 4 to 6 inches (10 to 15 cm) deep.  Seeding, placing plugs, perennial pots and rhizomes may not be necessary when wetland topsoil is available. Woody plant material may be used if it meets the goals and objective of the wetland plan.  Avoid topsoil which contains any weeds or nuisance plants. The presence of these species may destroy your planting project.

     "  ! 

0518 The density at which herbaceous species are planted will affect the rate at which the plants cover the area. Rapid vegetation coverage may be critical in the following instances:  The replacement site is surrounded by an abundance of one or more invasive plant species. The longer open ground is available, the greater the likelihood that these species will invade the replacement site and become a significant management problem.  There may be an abundance of wildlife in the area that will be particularly damaging to vegetation that remains clumped and isolated, as opposed to uniformly covering the site.  Site grades or surface flow conditions may be such that rapid sediment stabilization for erosion control is important.  A design function of the replacement site may be such that rapid vegetation coverage is necessary (e.g., water quality improvement or cover for wildlife).

In other instances, rapid vegetation coverage may not be as important. Open areas throughout the replacement site may be desirable for certain lengths of time to recruit other desirable species known to be in adjacent habitats.

Table 5 provides recommended planting densities for achieving uniform aerial coverage for slow spreading herbaceous plants and uniform ground coverage for moderately and rapidly spreading herbaceous plants in one, two and three growing seasons. Use this table to estimate the planting density required for the time period (either desired or mandated) in which the site must achieve uniform vegetation coverage.

/-* 022/010405115B31A104 01BA/4 Rate of Spread Uniform Aerial Coverage Uniform Ground Coverage

1 Year 2 Year 3 Year 1 Year 2 Year 3 Year Rapid (>1.0 ft./year) - - - 2 ft OC 4 ft OC 6 ft OC Moderate (0.5-1.0 ft./year) - - - 1 ft OC 2 ft OC 3 ft OC Slow (< 0.2 ft./year) 0.5 ft OC 1 ft OC 1.5 ft OC - - - OC = On Center Plant Spacing

Use Table 6 or the equation below to calculate the required number of plants for the project based upon the planting density.

Number of Plants = (area in sq. ft.) (on center distance in ft.)2 SOQ-KR-93632 Part II: Wetland and Riparian Communities 178 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

/;*//10B3 H12B/0531A5120518 If on center distance = Then number of plants = 0.5 ft (area in sq. ft) (4) 1 ft (area in sq. ft) 1.5 ft (area in sq. ft) (0.444) 2 ft (area in sq. ft) (0.25) 3 ft (area in sq. ft) (0.11) 4 ft (area in sq. ft) (0.625) 5 ft (area in sq. ft) (0.04) 6 ft (area in sq. ft) (0.028)

Careful consideration should be given to proper planting densities. If in doubt, consult a nursery or density data from a reference wetland. /010410F1041/5 If emergent herbaceous plants are to be planted at the end of the growing season in frigid sites where the water may rise above the ground surface during freezing temperatures, specify that the tops of the plant materials be cut within two inches of the ground surface so that rising ice will not pull the plants out of the ground. If planting is completed at the beginning of or during the growing season, cutting the plants back at the end of the growing season generally will not be necessary; the plants should be well rooted by then.

& !  "D  Trees and shrubs provide wildlife habitat, aesthetics and erosion control to a site. The following provides a brief description of collecting and planting techniques, intended application and design considerations for woody plant material. 0/101F25/0235

 Use native plant material that is adapted to the local hydrologic conditions.  Plant after all grading is completed and once the water levels at the site have stabilized.  Areas for tree and shrub planting should be staked by a wetland botanist and/or landscape architect so that the plants are placed in areas which meet their moisture and aspect requirements.  Dig hole two times wider than the ball or container.  Place each plant 1 to 2 inches (2.5 to 5 cm) higher than surrounding ground and backfill with soil from the hole. Aspen humus may be used to amend the soil.  When planting in riparian areas or drier sites, water the plants for a minimum of one growing season. /057/025

 Transplant trees that would otherwise be removed or damaged during construction.  Transplant healthy trees.  Plant to areas which will not be disturbed by construction activity.  When transplanting to a constructed wetland site, wait until grading and water levels have been established. SOQ-KR-93632 Part II: Wetland and Riparian Communities 179 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

 A wetland botanist and/or landscape architect should stake plant locations based on each species’ water requirements.  For optimal survival, transplant in early spring while the plant is dormant.  Avoid transplanting in summer.  Use a tree spade for transplanting. The following table gives the minimum size of spade machine equipment for transplanting, based on caliper (trunk diameter) size. It also represents the minimum diameter of rootballs for machine transplanted plants.

/<*!1011F5B7/2!/310 Caliper(in.) Min. Spade Machine Size (in.) (Based on root ball width) 1 to 3 44 3 to 6 65 6 to 9 80 9 to 12 90+

 Transport the tree directly to new site using the same spade with which it was dug.  Do not remove the tree from the spade.  Planting pits for machine-dug trees should have the same dimension as the machine ball being placed.  Fill the planting pit hole half full of water and allow to drain prior to planting.  Once the tree is placed, fill the voids with soil and tamp.  Build a basin around the tree to hold a minimum 30 gallons (115 liters) of water. Water tree thoroughly.  Water trees twice a month with approximately 70 gallons (265 liters) of water each, watering throughout the summer.  Stake and guy trees.  Fence transplants where deer and beaver are active. /057/0235 Transplanted trees and shrubs (e.g., willow “clumps”) are native species which are removed from a wetland or riparian impact area (prior to its destruction) and transplanted directly to the replacement site. Transplants may also be obtained from donor sites; however, be sure to obtain prior approval and authorization. Transplants allow the use of native wetland and riparian vegetation and are relatively hardy due to the retention of the entire root mass, surrounding soil and indigenous soil microorganisms.  These plants may be removed by hand (shovel and bucket) or by construction equipment (e.g., backhoe, excavator or tree spade).  Although direct transplanting to the replacement site is the preferred method, shrub transplants may be stored on a short term basis provided they are heeled-in (see page 100), watered, stored in the shade and protected from freezing.  Wetland and riparian shrubs may be transplanted in the spring or fall, with higher relative survival rates if transplanted while dormant. /0104 Pole planting consists of planting tree cuttings from young, rapidly growing cottonwoods or native willow. Pole plantings can be used where the water table is more than two feet (0.6 m) below the soil surface and fluctuates less than 6 feet (1.8 m). Water salinity should be SOQ-KR-93632 Part II: Wetland and Riparian Communities 180 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

less than 3,000 parts per million. Plantings are used for bank stabilization, shading and wildlife habitat.  Obtain poles from stands of open grown, young, rapidly growing trees, using wood that is four years old or less.  Collect while the plant is dormant, preferably as early in spring as the ground can be augured, usually from February to April.  Cut poles up to 20 feet (6 m) in length, three inches (7.6 cm) or greater in diameter.  Store cutting with butt end in water at all times.  Plant in a 15 inch (38 cm) diameter hole augured to the water table, making sure that four to six feet (1.2 to 1.8 m) remain above the soil surface. Backfill completely with soil, tamp firmly.  Stake the pole to prevent wind damage.  Fence to protect against deer and beaver where necessary. 1A/G5 Live stakes are cuttings which are harvested from wetland and riparian shrub species. The species which are suitable for harvesting live stakes are those which have adventitious buds along their stems from which new leaves, stems or roots can grow (e.g., willows, red-osier dogwood). Live stakes must be collected while the donor shrub is dormant (i.e., before leaf-out). No more than one-third of the donor shrub should be harvested. The minimum diameter of the cuttings should be 0.5 inch (1.2 cm); larger live stakes contain a greater amount of the stored energy required to form leaves, stems and roots. After they are harvested, the live stakes should be submerged (at least the lower one-third) in water and stored in a cool, dark place for a period of 24 to 48 hours. Immediately after soaking and storage, the live stakes should be planted.

The term “live stake” refers to a single cutting which is planted vertically in the ground; however, live stakes may also be planted vertically in a group of two or more (a bundle) or horizontally below the ground surface (see “wattles” below). Live stakes are commonly used for erosion control (e.g., stream bank stabilization); however, they have a wide variety of applications in wetland and riparian replacement projects. If an adjacent donor site is not available, cuttings should be harvested from a site that is within 100 miles (160 kilometers) and approximately 2,000 feet (600 meters) elevation of the project site. The allowable elevation difference will vary depending upon the particular species; therefore, it is best to collect similar species from similar elevations.

 Insert the cutting vertically (i.e., oriented in the same direction which it grew on the shrub) into the substrate so that approximately two-thirds of the total length is below the surface.  The length of the cutting should be a minimum of 24 inches (61 cm).  In many saturated wetland substrates the cutting can be pushed into the ground, however, a planting bar may be required to form the planting hole (a piece of re-bar can be used).  The cutting must be inserted deep enough to ensure that it reaches the water table throughout the entire growing season. Therefore, the appropriate length of the live stakes will vary, based upon the relationship of the ground surface to the sustained water table.  After the live stake is inserted, the planting hole must be backfilled with native soil and lightly tamped to prevent air pockets. SOQ-KR-93632 Part II: Wetland and Riparian Communities 181 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

 The use of rooting hormones generally does not increase survival for these plant species, however, soaking the cuttings in water for a period of 24 to 36 hours does increase survival rates (Windell 1992). /5 Wattles are bundles of live, dormant willow cuttings, placed into the ground for revegetation. Wattles are best used in areas where sheet erosion is occurring and on stream banks or fill areas for stabilization.

 Select live, dormant willows  A mix of older and younger wood (including wood less than one year old) should be used; most of the material should be one to four years old.  Select cuttings 3/8 inches to 1 ½ inches (0.95 to 3.8 cm) in diameter and a minimum of six feet (1.8 m) long, with the bottom end cut off at an angle.  Tie bundles 8 to 12 inches (20 to 30 cm) in diameter, and a minimum of six feet (1.8 meters) in length, tapering at each end.  The growing tips and ends of cuttings should orient in alternating directions, with tips being staggered and evenly distributed throughout the length of the bundle.  Compress the bundles and tie tightly with biodegradable rope, spaced 12 to 15 inches (30 to 40 cm) apart.  Excavate a trench parallel with the contour of the ground, approximately half the diameter of the wattle.  Place the wattle in the trench. Using stakes 1 x 1 x 18 inch or larger, secure wattles firmly in place with one row of stakes on the downhill side of the bundle, not more than three feet (1 m) apart. Place a second row of stakes through the wattle, near the ties, using a minimum of two stakes per bundle.  Overlap the tapered ends of adjacent wattles so that the overall thickness is uniform. Use two stakes at each bundle overlap, driving a stake between the last two ties of each wattle.  Backfill the wattle with soil, work into spaces and compact the soil behind and below the bundle by foot tamping.  Puddle with water and allow soil to settle, then add more soil as needed. The top of the bundle should be slightly visible when the installation is complete.  Water daily for 30 days.  If necessary, wattles can be stored totally submersed for up to two weeks.

      &! 

0518 In planting forest or shrub wetland/riparian replacement sites, density considerations are different from those for planting herbaceous sites. The density of tree and shrub planting will not affect the rate of recruitment of invasive plant species, the incursion by problem animals, soil stabilization, or the short-term functioning of the project site as directly as will herbaceous plant density.

Target tree and shrub densities should not come from a single “reference” wetland or riparian area. Rather, relative densities of these species should be obtained from a number of regional “reference” wetlands or riparian areas of the same type as is being targeted by the project. SOQ-KR-93632 Part II: Wetland and Riparian Communities 182 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

When determining planting densities, consider potential losses due to wildlife browse, drought and natural thinning, as well as gains arising from possible natural regeneration. #/5$ Wetland and/or riparian replacement plans sometimes specify that saucers must be developed around the planting holes of trees and shrubs with the leftover soils from the plant pit. Mulching throughout the saucers also is frequently specified. In some instances these saucers facilitate manual watering by creating a basin which can be filled with water.

 Be aware that in many cases such soil mounding will actually withhold water from the plant. This is particularly true in riparian and wetland areas which derive some (or all) of their sustaining hydrology from water which flows over the soil surface. Also, in more permanently flooded wetlands and riparian areas, sustaining hydrology is derived from an elevated ground water table and saucers will serve no function. Therefore, we recommend that surplus soils from planting woody species be raked or spread about the plants so as not to restrict water flow or to significantly alter ground surface elevations. In situations where manual watering/irrigation is to be used, saucers may still not provide the proposed benefit. If plants have to be watered by hand during periods of drought, the absence of saucers would require watering at slower flow rates than with saucers, and this slower flow rate may help ensure that each plant actually receives an adequate amount of water. /11F104 284/10 Staking trees and shrubs more than four feet in height (using standard landscape specifications) is strongly recommended under the following conditions:

 The wetland or riparian replacement site will have saturated soils year-round.  In frigid areas where the depths of ponded water during periods of freezing will be less than several inches.

Staking does provide a factor of safety for all replacement projects since most wetland (and some riparian) trees and shrubs root at shallow depths. Until the surface roots become well developed, such plants are subject to being blown over. /010410F1041/5 If trees and/or shrubs are to be planted in frigid sites that are expected to have more than several inches of standing water during freezing weather, they should be wired to metal anchors, regardless of size. Standard landscape specifications should be used, except that anchors should be specified to be sufficiently deep so as not to be pulled out if the plants are lifted by ice. Also, under these types of conditions, planting should take place in the beginning of the growing season in order to provide maximum time for rooting and stabilization before freezing. Fertilizer, if used at all, should be a zero or low nitrogen-based slow release fertilizer to promote root development. "3/7 Plant roots do not develop through pockets of air; roots stop developing when they reach the air and become “air pruned.” Make sure that plants from flat bottomed containers are not SOQ-KR-93632 Part II: Wetland and Riparian Communities 183 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

planted in V-shaped (spade dug) holes. The air pockets at the bottom of the holes may cause plant mortality.

Trees should be planted erect and that any trees showing a lean of greater than ten degrees from perpendicular must be straightened or replanted. Leaning trees often die or sprout a new leader from close to ground level. 0104 Pruning trees and shrubs prior to or following planting is not recommended, unless site- specific conditions and/or timing require the plant to devote more energy to root development. Native wetland and riparian replacement projects are not ornamental gardens and dead branches do not threaten the success of the project.

 &  !  

Acceptable parameters for plant materials should be specified in sufficient detail that an inexperienced inspector can make a rapid determination of acceptability. At a minimum, include general appearance and health (i.e. no sign of disease), as well as plant size and form.

 !  The height of plant materials is often specified as a criteria for acceptability; however, height alone is not an acceptable parameter. The standard parameters which are applicable to all plant material types include

 Container size (e.g., 2.5 inch container, 10 cubic inch cone, 5 gallon pot, etc.)  Plant form (e.g., bareroot, seed, containerized, ball and burlap, etc.).  Diameter (or caliper), height and age are secondary parameters utilized in specifying woody plant material; however, none of these parameters should be used as the sole specification.

For herbaceous species, specify plant height sufficient to ensure that the plants are tall enough to emerge above the intended water level (pool level) of the wetland and/or riparian zone. Specifying diameter (caliper) or age for herbaceous plant materials is inappropriate.

 !    !  

The table below summarizes the preferred planting times and relative success of each of the plant material types. This table provides a qualitative comparison of the various planting techniques and is intended to guide the user in selecting the most appropriate technique for the time of year in which the project is being implemented. SOQ-KR-93632 Part II: Wetland and Riparian Communities 184 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

/*/0!/1/5* 30/0/02 /1AA1A/ /5 TYPE WHEN TO PLANT RELATIVE SURVIVAL RATE Herbaceous Material Containerized Spring*/Summer/Fall High/Intermediate Plugs Spring Intermediate to High Bareroot (rhizomes, tubers, etc.) Spring* Intermediate Wetland seeding Spring/Summer/Fall Intermediate (All Seasons) Salvaged wetland topsoil Spring*/Summer/Fall Intermediate (All Seasons) Woody Material Containerized trees & shrubs Spring/Summer/Fall High/Intermediate/High Transplanting trees & shrubs Spring/Fall Intermediate/Intermediate Poles (trees) Dormant season Low to Intermediate Live stakes (shrubs) Dormant season Intermediate to High Wattles (shrubs) Dormant season Intermediate to High * Preferred planting season

     !  

"    Collect native plant material from areas which will be destroyed by construction, as this plant material will otherwise be wasted. If collection from the affected area is inappropriate (e.g., other plant species are being specified in the plan) or not feasible (e.g., seasonal or construction related timing problems), then arrangements must be made to collect from other “donor” wetlands or riparian areas. These arrangements include identifying locations for collections, obtaining any necessary authorizations, permits, or permissions for collections, and scheduling the collections.

If seeds are being collected, seed production and quality may vary yearly due to meteorological factors, disease and insect infestations. The only reliable way to identify suitable locations for collection is through on-site verifications.

From ecological and economical perspectives, wetland and riparian areas that are dominated by the desired plant species are preferred for collection over wetlands with a high species diversity. Commonly, collecting the desired plant materials from such monotypic habitats will be most economical because it can be accomplished quickly and efficiently. Never collect in such a way that your actions change the composition of the donor community.

If field collection of plant materials is necessary, the Final Wetland Construction Plans (see page 162) must provide the information on where, when and how to collect. These plans also must indicate what authorizations, permits, or permissions are necessary for collection, or indicate that the necessary approvals will be provided to the landscape contractor by the project sponsor. SOQ-KR-93632 Part II: Wetland and Riparian Communities 185 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

"   Timing depends on the types of plant materials that are specified and when they must be planted to the wetland replacement site. 2 Timing for seed collection is critical because if the seed collection “window” is missed, an entire year is lost. There are three types of plants from which it is difficult to collect seed.

 Plants that produce seeds that fall to the ground soon after ripening. Many species in the grass and aster families fall into this category. For this plant type, one storm or windy day soon after seed ripening can cause the loss of seed.  Plants that flower and produce seeds during much of the growing season so that there is no optimum time for seed collection.  Plants that produce seeds of high value to wildlife so that one must compete with local fauna to collect the seed.

The optimum time for seed collection of any species will vary depending on location within the state or region, therefore, this information is best obtained through consultation with local wetland scientists and botanists. "/5/0!/1/ Examples of herbaceous plant material include bareroot plants and plugs. The optimum time to collect the specified plant materials is just before they are to be transplanted to the replacement site; this practice eliminates any storage and maintenance requirements. Consequently, collection and planting processes should be coordinated. Although bareroot material may be collected in advance, stored and prepared at a native plant nursery, plugs should only be used when direct transplanting is possible. 28/0!/1/ Although some tree and shrub species transplant well, transplanted trees and shrubs may have slower growth rates and lower overall survival than containerized material. This difference is due to the potential reduction in root biomass which results from being dug up, and because of the loss of optimum growing conditions provided in the original site. Trees and shrubs should be collected while dormant.

"   

2 Mechanical devices have been developed for the field collection of prairie plant seeds and these may be applicable for seed collection under certain wetland and riparian conditions. Seed collection by hand using hedge cutters, shears, sickle or other cutting tools will probably work best under most wetland conditions. Seed collection is also an excellent opportunity to encourage volunteer participation. SOQ-KR-93632 Part II: Wetland and Riparian Communities 186 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

"/5/0!/1/ Collection of herbaceous plant materials (e.g., bareroot and plugs) from the wetland or riparian area(s) that will be affected might be assisted (depending upon ground conditions) by the use of a backhoe, excavator or other mechanical means. However, collection by hand or shovel (sharpshooter) is preferable; the use of excavators and other mechanical devices for collecting in natural habitats is generally too destructive. The use of a pressurized water sprayer might assist in cleaning some of the sediments off growing bareroot plants, making them easier to ship and plant. Plugs do not need to be washed; in fact, it is better to transplant the native soil and microbes that are bound to the root/rhizome mass.

When collecting material from a donor wetland, under no circumstances should a gap be created that will not be filled in by surrounding vegetation in a year. The preferred method is to collect plant materials in a “checkerboard” pattern (i.e., a “checkerboard” grid of about five ft2). These requirements should be included in the Final Wetland Construction Plans.

When collections are made from peat wetlands, the holes created by taking plugs or the removal of other plant materials will often fill in with water rather than with sediments. Plants will not return to these “collection holes” unless they are filled with sediment. If the donor wetland conditions result in “collection holes” it is important to specify in the Final Wetland Construction Plans that holes be filled with mineral sediments following the collection process. If this is not done, these “collection holes” will persist and negatively affect the wetland, particularly for projects where large amounts of plant materials are collected.

If “collection holes” are filled by sediment, either naturally or artificially, vegetation will usually fill in these bare areas within several years. For this process to succeed, the “checkerboard” grid size for collection must not too great, and the surrounding vegetation must be of the type that propagates by rhizomes, stolons or tubers. If the perennial parts of the surrounding vegetation are bulbs or corms, the surrounding vegetation will only fill in through seeding or other species will colonize the bare areas. The spreading rates of plant species that are given in Appendix II beginning on page 197 will provide some indication of the time it will take for surrounding vegetation to fill in the bare areas depending on the size of the collection grid. 28/0!/1/ Depending on ground conditions, the use of a backhoe, excavator, or tree spade will greatly facilitate the lifting of the larger plants for transplanting. Plugs of small (12 to 24 inch) seedlings, with soil intact, can often be extracted using a shovel.

"   "" !  

2 Unlike other collected plant materials, collected seed should not be used for seeding a wetland replacement area immediately after collection. Before seeding, the seed purity and germination percentage must be determined, and seeding specifications should indicate seeding rates using pure live seed (PLS). The collected seed must be cleaned, processed, analyzed for purity, stored, and germination tested before being used (see seeding section SOQ-KR-93632 Part II: Wetland and Riparian Communities 187 Attachment -2 Revegetation Techniques – Wetland and Riparian Planting

beginning on page 81 for details). Consult a local wetland scientist about when to collect seed in order to compile the proper specifications for processing and storing seed. "/5/02 28/0!/1/ Herbaceous and woody plant material should generally be collected just before planting. It is important that these plant materials be delivered in accordance with the Final Wetland Construction Plans.

  E  "   !!

Fertilization requirements vary greatly depending upon the specific nutrients available in the soil of the project site and the particular species being planted.

 In general, fertilizers are not needed or recommended for wetland revegetation projects.

In order to determine specific fertilization requirements, soil tests must be performed on the planting site. Once the on site nutrient conditions have been determined, they may be compared with those that are considered optimum for the species involved. You should also consult the supplying nursery to determine the specific requirements for the varieties and/or ecotypes to be planted at the site (R. Mandel, personal communication). Keep in mind that the release of nitrates and other fertilizers into water can be extremely toxic to fish and may also cause large algal blooms.

Opinions vary regarding the use of polymers and other moisture-retaining soil additives. The soil moisture in most wetland planting sites (during the growing season) should be adequate to maintain native wetland species; however, it is still advisable to water wetland plants immediately after planting to reduce shock and assist in soil compaction in the planting pit. Available soil moisture in riparian areas will vary greatly depending upon the relation (topographic elevation) of the planting site to the river or creek, the moisture retention properties of the soil, and the species being planted. Directions for upland plant watering requirements are generally applicable to most riparian plantings and are provided in the Upland Revegetation Techniques section of this manual. Available soil moisture should be determined prior to the time of planting to calculate site-specific soil additive and watering requirements. These data are typically gathered during the site design process, particularly data regarding the sustaining hydrology of the system.

-*!     "

The step of monitoring and stewardship is no less important than that of the planting techniques or species selection. The processes and techniques used for the monitoring and stewardship of wetland or riparian communities are essentially the same as for upland plant communities (see Monitoring and Stewardship, beginning on page 103). SOQ-KR-93632 References and Suggested Reading 189 Attachment -2    

Adams County Weed Program Office. Integrated Management Options of Control: Leafy Spurge. CSU Cooperative Extension. Brighton, Colorado.

Allen, E. B. 1989. The restoration of disturbed arid landscapes with special reference to mycorrhizal fungi. Journal of Arid Environments 17:279-286.

Allen, M.F. 1988. Belowground structure: a key to reconstructing a productive arid ecosystem. In: E.B. Allen, ed. The Reconstruction of Disturbed Arid Lands. Westview Press, Inc., Boulder, Colorado.

Alexander, R.R. 1987. Ecology, silviculture, and management of the Engelmann spruce subalpine type in the central and southern Rocky Mountains. USDA Agric. Handbook 659. USDA Forest Service, Washington D. C.

American Fisheries Society, Western Division. 1982. The Best Management Practices for the Management and Protection of Western Riparian Stream Ecosystems. American Fisheries Society - Western Division, Orem, Utah.

Aquatic and Wetland Company. 1997. Miscellaneous wetland mitigation plans (unpublished). Aquatic and Wetland Company, Boulder, Colorado.

Barrow, J.R. 1996. Proceedings: Shrubland ecosystem dynamics in a changing environment. INT-GTR-338. USDA Forest Service, Intermountian Research Station, Ogden, Utah.

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Zwinger, A.H. and B.E. Willard. 1972. Land Above the Trees: A Guide to American Alpine Tundra. Harper and Row, New York. SOQ-KR-93632 Appendix I: Upland Plant Characteristics 197 Attachment -2

         

Species described in this appendix include those marked as dominant in the upland habitats plant finders. Some additional species are included; however, not all species in the plant finders are shown here. Many of these species are not yet commerically available and little is known about their use in revegetation projects. The Forbs (Table A2) begin on page 205, and the Shrubs and Trees (Table A3) begins on page 213.



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     %  * + 

Key for Wetland/Riparian Plant Characteristics Tables A4 and A5 below: Salinity/Acidity Tolerance Wetland Indicator Status Wildlife Value L = Low (mild) FACU = facultative upland BGC = Big Game Cover BGF = Big Game Food M = Medium FAC = facultative WFC = Waterfowl Cover WFF = Waterfowl Food H = High+ FACW = facultative wetland SMC = Small Mammal Cover SMF = Small Mammal Food OBL = obligate UBC = Upland Bird Cover UBF = Upland Bird Food U = Unknown

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Scientific Name COMMON NAME Nationwide Elevational Hydrologic Salinity Acidity Height Rate of Wildlife Value Comments Wetland Range Regime Tolerance Tolerance Spread Indicator (ft.) Asclepias MARSH MILKWEED FACW+/ OBL 3000-6000 seas. sat. M - up to 4' slow UBF, SMF, UBC tolerates drought, partial shade incarnata Beckmannia SLOUGHGRASS OBL 4500-11500 seas. flood. - - 36" rapid WFF, SMF palatable forage grass syzigachne Calamagrostis BLUE-JOINT REED FAC/ OBL 4500->11500 seas. sat. L M 24-36" medium SMF, UBF excellent soil stabilizer canadensis GRASS Calamagrostis NORTHERN REED FACW/ 4500->11500 seas. sat. L M 12-14" medium SMF, UBF commonly found in subalpine stricta GRASS FACW+ willow bogs (C. inexpansia) Carex aquatilis WATER SEDGE OBL 4500->11500 up to 3 L M 6-24" medium WFC, WFF good streambank/pond edge Carex bebbii BEBB'S SEDGE OBL 3000-11500 seas. sat. L - 10-20" medium WFC Carex lanuginosa WOOLLY SEDGE OBL 3000-11500 seas. flood. L L 12-30" medium WFC will tolerate drought, streambank stabilizer Carex microptera SMALL WINGED FAC/ FACW 4500->11500 moist sat. - - 8-16" medium WFC, SMC SEDGE Carex NEBRASKA SEDGE OBL 3000-11500 seas. sat. M L 10-24" medium WFF, WFC, SMC tolerates heat if provided nebrascensis adequate moisture Carex scopulorum ROCKY MOUNTAIN FACW 9000->11500 seas. flood - - 8-16" medium U limited to high altitude habitats SEDGE Carex utriculata BEAKED SEDGE OBL 4500->11500 seas. sat. L M 10-40" rapid WFF, WFC, SMC (C. rostrata) SOQ-KR-93632 Appendix II: Wetland and Riparian Plant Characteristics 224 Attachment -2

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Scientific Name COMMON NAME Nationwide Elevational Hydrologic Salinity Acidity Height Rate of Wildlife Value Comments Wetland Range Regime Tolerance Tolerance Spread Indicator (ft.) Deschampsia TUFTED HAIRGRASS FACW 4500->11500 up to 3 L M 18-30" medium SMC good for mine reclamation cespitosa Distichlis spicata INLAND SALTGRASS FAC+/FACW+ 3000-7500 seas. sat. H - 4-12" U Eleocharis SPIKERUSH OBL 3000-11500 up to 3 L L 6-18" rapid WFF stabilize pond margins acicularis Eleocharis CREEPING OBL up to 11500 up to 6 M L 6-30" rapid WFF excellent sediment stabilizer palustris SPIKERUSH Glyceria striata MANNAGRASS OBL up to 11500 seas. flood. L - 24-36" rapid WFF, BGF rapid growing, streambank stabilizer Helianthus MARSH SUNFLOWER FAC/ FACW 3000-6000 seas. flood. M - up to 6' medium UBF nuttallii Iris missouriensis WILD IRIS FACW-/ OBL 4500->11500 temp. flood. M L 18-24" slow U poisonous to livestock Juncus balticus BALTIC RUSH FACW/ OBL 3000-11500 moist to sat. M M 6-30" medium SMC tolerates wide range of hydrologic conditions Juncus confusus COLORADO RUSH FAC+ 3000-11500 moist to sat. L - 6-12" medium WFF, WFC Juncus hallii HALL'S RUSH FAC 9000->11500 moist to sat. - M 8-16" medium U limited to high altitude habitats Juncus longistylis LONGSTYLE RUSH FACW/ 4500->11500 moist to sat. - - 8-24" medium U FACW+ Juncus MERTEN'S RUSH OBL 9000->11500 saturated - - 4-16" medium U streambank and shoreline mertensianus stabilizer Juncus nodosus KNOTTED RUSH OBL 3000-6000 seas. sat. M - 8-24" rapid U creeps rapidly with tuberous roots Juncus ROCKY MTN. RUSH FACW+ 4500->11500 seas. sat. - L 6-18" slow U saximontanus Juncus tenuis POVERTY RUSH FAC-/ FACW 4500-9000 moist to sat. - - 6-12" medium U Juncus torreyi TORRY'S RUSH FACW/ up to 9000 saturated - - 6-18" rapid U can tolerate drought conditions FACW+ Juncus triglumis THREE-FLOWER FACW+ >11500 seas. sat. - L 6-12" rapid U limited to high altitude habitats RUSH Poa palustris FOWL BLUEGRASS FACU/ FACW+1000->11500 saturated - - 12-18" medium SMC, SMF, UBF, seeds eaten by a variety of WFF wildlife Polygonum LADY'S THUMB FAC/ OBL 1000-9000 up to 6 M - up to 3' rapid WFF, WFC, UBF requires light (Persicaria persicaria SMARTWEED maculata) Polygonum SMARTWEED FACW/ OBL 1000-9000 up to 6 M - up to 4' rapid WFF, UBF, WFC tolerates poor soils, requires pensylvanicum light (Persicaria pennsylvanicum) Puccinellia ALKALI GRASS FAC-OBL 3000-6000 temp. flood. H L 6-12" medium SMC reservoir shoreline stabilizer nuttalliana SOQ-KR-93632 Appendix II: Wetland and Riparian Plant Characteristics 225 Attachment -2

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Scientific Name COMMON NAME Nationwide Elevational Hydrologic Salinity Acidity Height Rate of Wildlife Value Comments Wetland Range Regime Tolerance Tolerance Spread Indicator (ft.) Sagittaria latifolia ARROWHEAD OBL 1000-6000 up to 12 M L 6-18" rapid SMF, WFF underground 'potato' highly palatable to ducks Scirpus acutus HARD-STEM OBL 1000-11500 up to 36 M L up to 6' rapid WFF, SMF, WFC, good sediment stabilizer BULRUSH SMC Scirpus GIANT BULRUSH OBL <1000 up to 36 M - up to 12' rapid WFF, SMF, WFC, Southwestern low elevation californicus SMC species Scirpus SMALL FRUITED OBL 3000-11500 up to 6 - - up to 3' medium WFC microcarpus BULRUSH Scirpus maritimus ALKALI BULRUSH OBL 1000-11500 up to 6 H - 24-36" medium WFC found in alkaline, closed basins (S. paludosus) Scirpus pungens THREE-SQUARE OBL 1000-11500 up to 6 M L 24-48" rapid WFC, SMC, UBF tolerates some hydrologic BULRUSH drawdown Sparganium BURREED OBL 3000-6000 up to 12 M - 24-48" rapid WFF, WFC becoming rare in its western eurycarpum range Spartina pectinata PRAIRIE FACW/ OBL 3000-6000 seas. flood. M L 36-60" rapid BGC, SMC sod forming CORDGRASS Sporobolus ALKALI SACATON FAC-/ FAC+ <1000-6000 seas. flood. H L 6-12" medium SMC occupies alkaline flats airoides Triglochin ARROWWEED OBL 3000-6000 seas. flood. M - 12-18" slow U occupies alkaline flats maritima Typha GIANT CATTAIL OBL <1000-4500 up to 24 M L up to 12' rapid WFF, SMF, WFC, grows in dense clumps domingensis SMC, BGC Typha latifolia CATTAIL OBL 3000-6000 up to 12 H M up to 6' rapid WFF, SMF, WFC, forms dense stands, can be SMC, BGC invasive Verbena hastata BLUE VERVAIN FAC/ FACW+ 3000-6000 seas. sat. L - 18-30" slow UBF, SMF very fibrous root system SOQ-KR-93632 Appendix II: Wetland and Riparian Plant Characteristics 226 Attachment -2

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Scientific Name COMMON NAME Nationwide Elevational Hydrologic Mature Aerial Wildlife Value Comments Wetland Range Regime Height Spread Indicator (ft.) Acer glabrum ROCKY MOUNTAIN FACU,FAC 6500-10000 moist to sat. to 15' 10' U multiple stemed shrub MAPLE Alnus incana ssp. THINLEAF ALDER FACW 4500-11500 seas. flood. 25' 20' UBC, BGC tolerates shade (A. tenuifolia) tenuifolia Amorpha fruticosa LEADPLANT FAC/OBL 3000-6000 irr. flood. 5' 8' SMC, UBC nitrogen fixer Betula occidentalis WATER BIRCH FAC/FACW 4500-11500 seas. flood. 30' 20' UBC, BGC streambank stabilizer (B. fontinalis) Betula nana BOG BIRCH FAC/OBL 6000->11500 saturation 4' 4' SMC, UBC tolerates acidity (B. glandulosa) Cornus sericea RED-OSIER DOGWOOD FAC/FACW+ 3000-11500 moist to sat. 10' 10' BGF, SMF, UBF tolerates partial shade (C. stolonifera) Lonicera involucrata TWINBERRY FAC 6000->11500 moist 5' 5' UBF, SMC, UBC suckers freely and forms thickets Populus acuminata LANCELEAF FAC/FACW 3000-9000 seas. flood 50' 35' UBC, BGC native hybrid cross of P. deltoides COTTONWOOD and P. angustifolia Populus angustifolia NARROWLEAF FAC/FACW 3000-11500 seas. flood 50' 35' UBC, BGC streambank stabilizer COTTONWOOD Populus deltoides PLAINS COTTONWOOD FAC/FACW 3000-6000 seas. flood 80' 50' UBC, BGC riparian shade species (P. sargentii) Prunus americana AMERICAN PLUM FACU 3000-6000 dry to moist 12' 10' BGF, SMF, UBF, yummy fruit UBC Prunus virginiana CHOKECHERRY FACU-/FAC 4500-11500 seas. moist 25' 20' BGF, SMF, UBF, drought tolerant (Padus virginiana) UBC Ribes aureum GOLDEN CURRENT FACW 3000-9000 seas. moist 5' 5' BGF, SMF, UBF, drought tolerant SMC Rosa woodsii WOODS ROSE UPL/FAC- 3000-11500 seas. moist 4' 4' UBF, SMF rose hips persist into winter Salix amygdaloides PEACHLEAF WILLOW FACW 3000-9000 seas. flood. 30' 40' UBC assumes both shrub and tree form Salix brachycarpa BARRENGROUND FAC/FACW+ 7500-12000 moist-wet 5' U moist meadows and stream banks WILLOW Salix drummondiana DRUMMOND’S WILLOW FACW/OBL 6000-11000 moist-wet to 20' U stream banks and swamps Salix exigua SANDBAR WILLOW FACW/OBL up to 11500 irr. flood. 15' 6' UBC, SMC, BGC, suckers readily BGF Salix geyeriana GEYER’S WILLOW FACW+/OBL 6000-11000 wet to 20' U moist meadows and stream banks Salix planifolia PLANELEAF WILLOW FACW/OBL 7000-12000 wet 5' U subalpine bogs and streams Salix wolfii WOLF’S WILLOW FACW+/OBL 7000-11000 moist-wet 3' U boggy meadows and slopes Sheperdia canadensis BUFFALOBERRY not rated 4500-11500 dry to moist 10' 6' UBF, SMF grows best in alkaline soil Symphoricarpos SNOWBERRY not rated 3000-11500 seas. moist 3' 5' UBC, SMC prefers shade occidentalis Symphoricarpos MOUNTAIN SNOWBERRY not rated 4000-11500 dry to moist 5' 3' UBC, SMC can grow on slopes oreophilus SOQ-KR-93632 Appendix III: Weed Lists 227 Attachment -2    

     

    (none allowed for certified seed) COMMON NAME SCIENTIFIC NAME * ANODA, SPURRED Anoda cristata BINDWEED, FIELD Convolvulus arvensis * BOUNCINGBET Saponaria officinalis * CAMELTHORN Alhagi pseudalhagi * CHAMOMILE, SCENTLESS Anthemis arvensis * CINQUEFOIL, SULFER Potentilla recta * CLAMATIS, CHINESE Clematis orientalis * DAISY, OXYEYE Chrysanthemum leucanthum GOATGRASS, JOINTED Aegilops cylindrica HALOGETON Halogeton glomeratus HORSENETTLE, CAROLINA Solanum carolinense HORSENETTLE, WHITE Solanum elaeagnifolium * HOUNDSTONGUE Cynoglossum officinale JOHNSONGRASS Sorghum halepense * KNAPWEED, BLACK Centaurea nigra KNAPWEED, DIFFUSE Centaurea diffusa KNAPWEED, RUSSIAN Acroptilon (Centaurea) repens KNAPWEED, SPOTTED Centaurea maculosa * KNAPWEED, SQUAROSE Centaurea virgata LOOSESTRIFE, PURPLE Lythrum salicaria and Lythrum virgatum * MALLOW, VENICE Hibiscus trionum * MEDUSAHEAD Taeniatherum caput-medusae * MILLET, WILD PROSO Panicum miliaceum ssp. ruderale * NUTSEDGE, YELLOW Cyperus esculentus PEPPERWEED, PERENNIAL see Whitetop, tall POVERTYWEED, SILVERLEAF Ambrosia tomentosa (Franseria discolor) POVERTYWEED, WOOLLYLEAF Ambrosia grayi (Franseria tomentosa) + ROCKET, DAME’S Hesperis matronalis * RUE, AFRICAN Peganum harmala * SAGE, MEDITERRANEAN Salvia aethiopis * SALTCEDAR Tamarix parviflora and Tamarix ramosissima * SKELETONWEED, RUSH Chondrilla juncea SORGHUM, ALMUM Sorghum almum SOWTHISTLE, PERENNIAL Sonchus arvensis * SPURGE, CYPRESS Euphorbia cyparissias SPURGE, LEAFY Euphorbia esula * SPURGE, MYRTLE Euphorbia myrsinites ST. JOHNS WORT, COMMON Hypericum perforatum SOQ-KR-93632 Appendix III: Weed Lists 228 Attachment -2     (none allowed for certified seed) COMMON NAME SCIENTIFIC NAME STARTHISTLE, YELLOW Centaurea solstitialis * TARWEED, COAST Madia sativa THISTLE, CANADA Cirsium arvense THISTLE, MUSK Carduus nutans THISTLE, PLUMELESS Carduus acanthoides THISTLE, SCOTCH Onopordum acanthium and Onopordum tauricum TOADFLAX, DALMATIAN Linaria dalmatica TOADFLAX, YELLOW Linaria vulgaris WHITETOP Cardaria draba WHITETOP, HAIRY Cardaria pubescens WHITETOP, TALL Lepidium latifolium WOAD, DYER'S Isatis tinctoria

* These weeds are added to the prohibited noxious weed list effective January 1, 1999. + Dame’s rocket shall not be considered a prohibited noxious weed until January 1, 2001.       

  !"#    (Up to 6 per lb allowed for Certified Seed)     BLUEWEED Helianthus ciliaris * BURDOCK, COMMON Arcticum minus BUTTERPRINT OR VELVET LEAF Abutilon theophrasti DOCK, CURLY Rumex crispus DODDER Cuscuta spp. FOXTAIL, GIANT Setaria faberi GROUNDCHERRY, PURPLE Quincula lobata (Physalis lobata) * HEMLOCK, POISON Conium maculatum * HENBANE, BLACK Hyoscyamus niger LETTUCE, BLUE Lactuca tatarica ssp. pulchella (Lactuca pulchella) MUSTARD, BLACK Brassica nigra MUSTARD, INDIA Brassica juncea MUSTARD, WILD Sinapsis arvensis OAT, WILD Avena fatua PLANTAIN, BUCKHORN Plantago lanceolata POVERTYWEED, MOUSE-EAR Iva axillaris PUNCTUREVINE Tribulus terrestris QUACKGRASS Elytrigia repens (Agropyron repens) * SANDBUR, LONGSPINE Cenchrus longispinus * THISTLE, BULL Cirsium vulgare

* These weeds are added to the prohibited noxious weed list effective January 1, 1999. SOQ-KR-93632 Appendix III: Weed Lists 229 Attachment -2    $

Plants to Avoid (modified from Plant Species Not To Use in Gardening, Reclamation, and Restoration by the Colorado Native Plant Society, Boulder Chapter. November, 1995.) This is not a complete list. New species are continually identified that have escaped cultivation to become weed problems.

FORBS

Bellflower, Creeping (Campanula rapunculoides) - Stoloniferous plant that displaces native vegetation. Found in the foothills and plains in shady places.

Bindweed, Field (Convovulus arvensis) - Perennial with extensive root system and stems that climb or form dense tangled mats. Difficult to control. Common on disturbed sites.

Bouncing Bet or Soapwort (Saponaria officinalis) - Escapes from gardens and displaces native vegetation. Occurs on roadsides, trails, and homestead sites on mesas and in the foothills.

Burdock (Arctium minus) - Biennial that competes with native vegetation. Often disperses by sticking to the hair of livestock and wildlife. Found on roadsides, trails, ditches, and streambanks.

Butter-and-Eggs (Linaria vulgaris) - Escaped ornamental with yellow, snapdragon like flowers. Highly invasive in natural areas and very difficult to control.

Carrot, Wild or Queen Anne’s Lace (Daucus carota) - Escapes from gardens, spreading by seeds. Found along roadsides in the plains and foothills.

Chamomile, Scentless (Matricaria perforata = Anthemis arvensis) - Adventive plant that competes with native vegetation. Found along roadsides, pastures, and townsites in the mountains.

Chicory (Cichorium intybus) - Adventive weed that competes with native vegetation. Occurs on roadsides, trails, and open areas.

Cinquefoil, Sulfur (Potentilla recta) - Adventive perennial. Found in disturbed areas, along roadsides and in pastures.

Clematis, Oriental (Clematis orientalis) - Adventive plant that competes with native vegetation. Found in the foothills and montane areas especially along Clear Creek.

Crambe (Crambe cordifolia) - Escapes from gardens. Produces abundant seeds. Found on disturbed sites.

Daisy, Ox-eye (Leucanthemum vulgare = Chrysanthemum leucanthum) - Escapes from gardens and spreads easily by seeds. Displaces native plants. In wildflower seed mixes and used in roadside reclamation. Establishes in natural areas. Found from the plains to the alpine.

Dame’s Rocket or Sweet Rocket (Hesperis matronalis) - Escaped from gardens displacing native vegetation. Occurs in riparian areas and wet meadows. SOQ-KR-93632 Appendix III: Weed Lists 230 Attachment -2

Dyer’s Woad (Isatis tinctoria) - Escapes from cultivation. Occurs on disturbed sites. Invades natural areas.

Field bindweed (Convolvulus arvensis) - Competitive perennial weed. Widespread in cultivated areas, pastures, lawns, gardens, roadsides, and waste areas.

Hoary Cress (see Whitetop)

Hemlock, Poison (Conium maculatum) - All plant parts are poisonous, including the large, white taproot. Biennial that tolerates poorly drained soils. Frequently found on streambanks.

Horehound (Marrubium vulgare) - Escapes from cultivation. Found on disturbed sites.

Hound’s Tongue (Cynoglossum officinale) - Escapes from cultivation. The prickly seeds travel on fur and clothing. Found on disturbed areas, trails, and logging sites.

Knotweed, Japanese or Buckwheat (Reynoutria japonica) - Escapes cultivation. Spreads by long rhizomes. Found in populated areas at the base of the foothills.

Knapweed, Diffuse* (Centaurea diffusa) - Highly competitive annual that is found along roadsides, waste areas, and dry rangelands.

Knapweed, Russian* (Centaurea repens) - Perennial that spreads by black, deep growing roots along roadsides, pastures, orchards, and cultivated fields.

Knapweed, Spotted* (Centaurea maculosa) - Short-lived perennial. Found along roadsides, waste areas, and rangelands.

Kochia (Kochia scoparia) - Annual introduced weed that reproduces by seeds. Grows in cultivated fields and waste places.

Loosestrife, Purple (Lythrum salicaria) - Attractive, perennial garden plant that is extremely invasive and threatens cattail marshes and other wetlands. Spreads by seeds in mud and water and by pieces of stems.

Mustard, Jim Hill or Tumble (Sisymbrium altissimum) - Adventive plant that breaks at the soil level and tumbles with the wind spreading its seed over a wide area. Common in fields, rangeland, waste areas and along roads.

Pepperweed, Perennial* (Lepidium latifolium) - Perennial with deep rootstocks that make the plant difficult to control. Found in wetland and riparian areas.

St. John’s Wort (Hypericum perforatum) - Competes with and displaces native vegetation. Poisonous to animals. Found in open areas on mesas in the foothills.

Sage, Mediterranean (Salvia aethiopis) - Escapes from cultivation forming pure stands that out compete natives. Winter tumbleweed. Found in grasslands, pastures, meadows and rangelands. SOQ-KR-93632 Appendix III: Weed Lists 231 Attachment -2 Spurge, Leafy* (Euphorbia esula) -Perennial that reproduces by vigorous rootstocks and seed. Milky sap is irritating to the skin and detrimental to cattle. Grows in disturbed sites and along riparian corridors.

Spurge, Myrtle or Mercer’s (Euphorbia myrsinites) - Escapes from gardens and displaces native vegetation. Xeriscape plant with poisonous sap. Found on trails and meadows in the plains and foothills. Also occurs in logged or disturbed forest areas of the mountains.

Starthistle, Yellow (Centaurea solstitialis) - Not common in Colorado yet, but is considered a serious threat in our northern and western neighboring states.

Sweetclover, White (Melilotus albus) - Reclamation escapee. Found along roadsides, trails, and disturbed sites.

Sweetclover, Yellow (Melilotus officinalis) - Reclamation escapee. Found along roadsides, trails, and disturbed sites.

Sweetpea, Perennial (Lathyrus latifolius) - Escapes from cultivation. Spreads by explosive seed pods. Commonly found on urban fringes.

Tansy, Common (Tanacetum vulgare) - Used as a medicinal herb, escapes and spreads by seeds and rootstocks. Found on roadsides, streambanks, and pastures.

Teasel (Dipsacus fullonum) - Biennial with a taproot. Occurs on moist soils.

Thistle, Bull (Cirsium vulgare) - Has a short, fleshy taproot. Occurs on disturbed sites.

Thistle, Canada* (Cirsium arvense) - Aggressive weed, extremely difficult to control because breaking up the roots just increases the number of plants. Commonly found in moist to wet disturbed areas.

Thistle, Musk* (Carduus nutans) - Biennial that spreads rapidly forming dense stands and crowds out desirable forage plants. Grows in pastures, roadsides, and waste areas.

Thistle, Russian (Salsola iberica and S. collina) - Annual with stiff, spiny leaves. At maturity, plant breaks off at the base, and tumbles with the wind, scattering the seed. Grows on dry plains, in cultivated fields and waste places.

Thistle, Scotch (Onopordum acanthium and O. tauricum) - Biennial with very large coarsely lobed, hairy leaves with a velvety-gray appearance. It is increasing in densities throughout Colorado.

Toadflax, Dalmatian (Linaria genistifolia ssp. dalmatica) - Perennial with extensive and deep root system. Difficult to control. Found on disturbed, open areas, roadsides, and trails in the plains, foothills and montane areas.

Toadflax, Yellow (see Butter-and-Eggs)

Whitetop (Cardaria draba, C. Chalepensis, C. latifolia) - Perennial that reproduces from root segments and seeds. Common on disturbed, alkaline soils. SOQ-KR-93632 Appendix III: Weed Lists 232 Attachment -2 GRASSES

Some of the grasses listed here, including crested wheatgrass (Agropyron cristatum), smooth brome (Bromus inermis), orchardgrass (Dactylis glomerata), and timothy (Phleum pratense), are planted for hay or pasture grass, or are used for erosion control or reclamation projects where the use of native species is not a priority. These species are listed in the weed section because they can be detrimental to the establishment of native species.

Barnyard Grass (Echinochloa crusgalli) - An annual grass that spreads by seeds. Found in croplands and disturbed areas.

Brome, Smooth (Bromus inermis) - Competes with native vegetation via extensive underground roots. Found in planted grasslands and roadsides, especially on moister sites. It has escaped from planted areas and invaded disturbed native ecosystems.

Cheatgrass* (Bromus tectorum) - An aggressive winter annual that out competes native plants and is a fire hazard. Widespread along roadsides, in waste areas, and in disturbed pastures and rangelands.

Johnsongrass (Sorghum halepense) - Vigorous perennial that reproduces from seed or creeping, robust rhizomes. Grows in cultivated fields and neglected areas.

Orchardgrass (Dactylis glomerata) - Widely used in pastures. It has escaped and invaded roadsides and disturbed habitats.

Reedgrass, Canary (Phalaris arundinacea) - Stout perennial which regenerates from large rootstocks. Found along streams, ditches, and in marshes. It has escaped from intentional plantings to establish on disturbed riparian and wetland habitats.

Rye, cereal (Secale cereale) - Annual. Escapes cultivation and can become established on roadsides, waste places, and even open rangeland.

Timothy (Phleum pratense) - Escapes from pasturelands and competes with native vegetation. A habitat generalist, it is found in dry to wet soils.

Wheatgrass, Crested (Agropyron cristatum) - Persistent reclamation grass that out competes native grasses, and can cause soil erosion between individual plants. Found along roadsides, trails, and disturbed areas.

SHRUBS

Buckthorn (Frangula alnus) - Escapes from gardens and competes with native vegetation. Found in riparian areas in the plains, especially in urban areas.

Tamarisk or Salt Cedar* (Tamarix ramosissima and T. parviflora) - Very aggressive shrub or small tree. Has displaced the native willows along riparian corridors especially on the Western Slope and lower Arkansas River valley. SOQ-KR-93632 Appendix III: Weed Lists 233 Attachment -2 TREES

Elm, Siberian (Ulmus pumila) - Widely planted, hardy tree that escapes cultivation. Found along roadsides and floodplains.

Russian Olive* (Elaeagnus angustifolia) - Extremely invasive tree that displaces native willows and cottonwoods throughout the plains and Western Slope. Seed commonly dispersed by birds. Found along riparian corridors.

Willow, Crack (Salix fragilis) - Originally cultivated along streams. Displaces native cottonwoods and willows. Found in riparian corridors along the plains and lower foothills.

Willow, White (Salix alba var. vitellina) - Displaces native willows and cottonwoods. Found in riparian corridors.

* Discussed in more detail in Appendix IV: Managing The Most Common And Aggressive Weeds Of Colorado. SOQ-KR-93632 Appendix IV: Managing Common and Aggressive Weeds 235 Attachment -2

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Diffuse knapweed (Centaurea diffusa) Description: This usually biennial weed has finely divided leaves and numerous solitary flower heads. It is distinguished from other knapweeds by the comb-like, spiny bracts under the flower heads. This introduced weed invades disturbed and undisturbed ground with dry, light soils. It spreads rapidly as it breaks off at the ground level and blows into new areas. The dry seed heads can also easily attach to animals’ fur, tire tread and hiking boots. It typically has white flowers.

Management Methods: The key to controlling this weed is to prevent seed production.

Cultural Control: The most effective way to prevent invasion of this noxious weed is to revegetate disturbed areas as soon as possible.

Chemical Control: Transline (clopyralid) is an effective chemical control for diffuse knapweed when applied at the rosette to early bolting growth stage. This herbicide is only effective on four plant families. Other herbicides such as Banvel (dicamba), Tordon (picloram), or tank mixes of Banvel plus 2,4-D, Banvel plus Tordon, and others are also effective against diffuse knapweed.

Biological Control: The root-boring beetle (Sphenoptera jugoslavica) has the best potential for success against diffuse knapweed, although further research needs to be done. Two seedhead flies (Urophora spp.), and several species of seedhead weevil have been released against diffuse knapweed with marginal control success. Grazing with sheep, goats and cattle will also reduce knapweed seed set and release grasses from competition. Spring grazing can be effective for reducing seed formation especially when a large number of animals have been grazed in a small area for a short time.

Russian knapweed (Acroptilon repens = Centaurea repens) Description: This purple-flowered perennial spreads by seeds and creeping roots. The extensive roots can grow to 23 feet (7 meters) deep within two years of establishment. Russian knapweed differs from other knapweeds by having broad, round bracts with papery margins under the flower head. In Colorado, an estimated 50,000 acres (20,235 hectares) has been infested by this noxious weed. Abandoned farmlands are the most frequently invaded habitats. SOQ-KR-93632 Appendix IV: Managing Common and Aggressive Weeds 236 Attachment -2 Control Measures: The most effective weed control plan combines cultural control methods with mechanical and/or chemical control methods. Mowing or applying herbicide alone is usually not sufficient.

Cultural Control: Planting an area with grasses helps prevent the establishment and spread of Russian knapweed.

Mechanical Control: Mowing the area two to three times per season for two or more seasons helps prevent seed production and stresses the plant. Mow after the plant has bolted, but before the seeds have matured (usually six to eight week intervals). More than one season of mowing is recommended because mowing for only a year may actually increase Russian knapweed density.

Chemical Control: Herbicides alone will rarely manage this weed effectively. Curtail, Tordon 22K or Transline can be sprayed at the bud to flower growth stage. Then a month to six weeks before seeding, disk the area. Plant grass seed, especially cool season grasses.

Spotted knapweed (Centaurea maculosa) Description: Very similar to diffuse knapweed, this short-lived perennial reproduces from seed. It typically has purple flowers. The distinguishing physical character of spotted knapweed is a small, dark spot at the end of the bracts underneath the flower head. This noxious weed invades disturbed ground with light, well drained, often calcareous soils. It survives in slightly more moist soils than diffuse knapweed.

Management Measures: Spotted knapweed can be managed in the same manner as diffuse knapweed.

Leafy spurge (Euphorbia esula) Description: This Eurasian native forms dense patches in riparian corridors. It can invade dry as well as moist sites. This plant has leafy stems supporting bright yellow-green flowers. This perennial grows from seeds and root stock. The extensive root system may grow 15 feet (4.5 meters) deep or more. It is extremely difficult to control, much less eradicate this weed, once it has become established. Leafy spurge grows rapidly, taking moisture and nutrients from native plants before they have had a chance to grow. It also produces a white milky sap that is irritating to skin and detrimental to grazing wildlife, horses and cattle.

Management Measures: Attempts to kill this plant with herbicides will be more effective if the plants are stressed before herbicides are applied.

Prevention: The most effective management technique is to prevent this weed’s establishment. All other methods are difficult and require great persistence.

Cultural Control: Having a good cover of grasses, especially early in the growing season, helps prevent an infestation of leafy spurge from spreading.

Mechanical Control: It is difficult to control leafy spurge with mowing alone. However, mowings at 14 to 21 day intervals throughout the summer can be combined with herbicide control to decrease the amount of herbicide needed. Caution: leafy spurge’s milky sap may gum up the mower. SOQ-KR-93632 Appendix IV: Managing Common and Aggressive Weeds 237 Attachment -2 Chemical Control: Timing herbicide application is critical, and all treatments may need to be repeated for several years. Roundup (Glyphosate) needs to be applied at one month intervals (1 quart per acre) beginning in June, and works best when combined with fall grass seedings. Other herbicides such as Banvel (dicamba) and Tordon 22K (picloram) require fewer applications. Neither Tordon or Banvel should be used under woody vegetation or where ground water is more than six feet (1.8 meters) below.

Biological Control: Sheep and goats can graze on leafy spurge to help stress control (but not eradicate) the plant. Other livestock avoid the plant. The Colorado Department of Agriculture has four varieties of flea beetle available to feed on and help control leafy spurge. The appropriate type of beetle depends on the soil type, moisture regime, and cover of the area.

Canada thistle (Cirsium arvense) Description: This aggressive weed forms large dense patches of prickly plants along the bottoms of intermittent drainages and other areas with moist soil. This thistle, however, does not do as well in continually saturated or inundated soils (although, it does grow in seasonally saturated or inundated sites). It is extremely difficult to eradicate because it has an extensive root system and new plants can grow from even a small piece of root. One plant can colonize an area up to six feet (1.8 meters) in diameter in one or two years. Canada thistle grows to three to five feet (1-1.5 meters) tall, has spine-tipped leaves, smooth stems, and small lavender flowering heads.

Management Measures: In addition to prevention, the critical management measure is to stress the plant by forcing it to use stored root nutrients. The most effective way to prevent this species is to revegetate moist bare soil.

Cultural Control: After establishment, competition with other plants is helpful, but not completely effective in controlling this weed. Reseeding is often necessary after the thistle has been removed from an area.

Mechanical Control: Mowing can be effective when combined with herbicide treatments, especially in areas with competition from established grasses. Mow throughout the growing season and then treat with herbicides in the fall. Mowing alone, without herbicides, can be effective if done at one-month intervals over several years. Late spring burning will also stress the plant if sufficient dead plant material is available to carry a fire hot enough to kill spring rosettes. Burning will have to be repeated annually for several years or at three year intervals.

Chemical Control: Herbicides can be effective, especially when combined with mowing, tilling, and competition from other plants. Mow two or three times in the summer at monthly intervals (beginning at bolt to early bud-growth stage) and follow with a fall application.

Biological Control: The larvae of the weevil Ceutorhyncus litura bores into Canada thistle, weakening the plant. This weevil alone will not effectively control thistle but it can be combined with other methods. Urophora cardui is another insect that helps to control this weed. Grazing can be used in the spring and early summer to help control Canada thistle in riparian areas as well. SOQ-KR-93632 Appendix IV: Managing Common and Aggressive Weeds 238 Attachment -2 Musk thistle (Carduus nutans) Description: This biennial weed is a prolific seed producer and reproduces rapidly. It establishes in moist, bare ground. Reaching up to 6 feet (1.8 meters) tall, musk thistle has spiny marginated leaves and rose pink clusters of flowers growing at the top of the stem.

Management Measures: In addition to prevention, the key to controlling this weed is to prevent seed production.

Cultural Control: Because seeds need open moist ground to germinate, the most effective control method is to keep an area vegetated. Do not allow a grassland to degrade into open areas of bare soil.

Mechanical Control: Tilling can effectively remove musk thistle. Cut the weed below the soil line before the bud stage. Mowing when the terminal flower head is in the late-flowering stage can be effective. However, musk thistle (like many biennials) will often continue to live until it is afforded the opportunity to flower and produce seed. Mowed debris should be gathered and burned to destroy any seeds.  Be aware that tilling may promote the germination of other weeds in the seed bank.

Chemical Control: Several different herbicides (e.g. Banvel, Tordon, Curtail, Transline, 2,4-D) can be applied to the musk thistle rosettes in the spring or fall before the flowering stems are produced (bolting). Apply Escort in early spring when the thistle is in the bolting to early-flower growth stages.

Biological Control: The most successful and widespread biological control insect for weed management has been the musk thistle seed head weevil, Rhinocyllus conicus. It infests developing terminal flowers on most areas of the state. However, this seed head weevil has been found to attack native thistles as well. Another musk thistle weevil is Trichosirocalus horridus. Instead of reducing seed production, this insect feeds on the developing thistle rosette.

Perennial Pepperweed (Lepidium latifolium) Description: Creeping perennial mustard that reproduces from seed and roots. It is highly competitive in wetland and riparian areas often forming pure stands.

Management Measures: Prevention is the best method. Soon after disturbance, sow perennial grasses that grow early in the season.

Cultural Control: When battling an existing infestation, combine grass seeding with the other methods described below.

Mechanical Control: Mowing may reduce seed set but will not control established stands.

Chemical Control: Telar or Escort are very effective and should be applied in late spring, bud to flower growth stage. Landmaster/Campaign can also be applied at the flower growth stage. Desirable seed can be sown into the residues of these herbicides in the fall following late spring application. When restoring an infested site, disk lightly. Landmaster/Campaign may need to be sprayed for two consecutive seasons; the area should be seeded in the fall following the second application. SOQ-KR-93632 Appendix IV: Managing Common and Aggressive Weeds 239 Attachment -2

& 

Cheatgrass or Downy Brome (Bromus tectorum)

Description: This winter annual grass grows from seed to a height of 4 to 30 inches (10 to 76 centimeters). Growing in early spring and summer, this weed effectively competes with more desirable native grasses for moisture and nutrients. As the plant dries in summer, it becomes a fire hazard.

Cultural Control: Several native grasses, including bottlebrush squirreltail and western wheatgrass have been shown to compete well with cheatgrass.

Mechanical Control: Grazing, mowing and controlled burning may be used to control cheatgrass. If the weed has been in the area for many years, the soil probably has a large bank of cheatgrass seeds. The plant will continue to sprout and control will require several years of effort. The most effective intensity and timing of efforts for grazing, mowing and burning have not been well established and may vary with geographic setting and habitat type. The guiding principle is to limit the cheatgrass infestation without damaging native warm season grasses. The most commonly used prescribed burn approach is to burn in early spring when the cheatgrass is 1-1.5" tall. Burning later in the summer after cheatgrass seedset but before seedset of warm season grasses has also been effective in some areas (T. Nauman, personal communication).

Chemical Control: Several different herbicides can kill cheatgrass. However, they may also kill the desired native plants. Pronamide applied in late fall will control cheatgrass selectively in stands of slender wheatgrass, western wheatgrass, and other grasses (although, this does not mean it is harmless to all grasses). The label for Pronamide prohibits grazing of treated grass. Pronamide also will control seedlings shortly after they germinate. Glyphosate is another herbicide that when applied in the early spring or late winter (mid-to late February along the Front Range) does not reduce the cover of western wheatgrass, blue grama and needlegrasses. This treatment can be pushed a little later in the season (early March along the Front Range) and still not harm the desirable grasses especially warm season grasses. Glyphosate affects only the living plant and does not affect the seeds that may be in the ground.

 ( 

Russian-olive (Elaeagnus angustifolia)

Description: This fast-growing tree has silvery green leaves and long thorns. The fruit is olive-shaped. A European native, Russian-olive has been widely sold in Colorado as an ornamental shade tree. Along some streams, Russian olive has completely replaced native woody vegetation such as cottonwoods, thus reducing the amount and quality of wildlife habitat. SOQ-KR-93632 Appendix IV: Managing Common and Aggressive Weeds 240 Attachment -2 Management Methods: Russian olive trees can be controlled by either cutting the trees down and treating the stumps with herbicide, or pulling the tree out of the ground when it is young. The cutting method should be used on trees larger than two inches (5 centimeters) in diameter. Cut the Russian olive trees within four inches (10 centimeters) of the ground. Within five minutes of cutting, treat the stumps with an herbicide. Appropriate herbicides to use would include Garlon, the premixed product Pathfinder and Rodeo. Garlon decomposes rapidly after application, in a day or less in sunlit water and approximately two weeks to two months in soil. Rodeo (glyphosate) is specified for use in riparian or wetland habitats. Monitor and implement follow-up treatment as needed. Follow-up treatments are best completed the following June before any possible resprouts have time to grow. Retreated areas should be monitored every 6 months until complete mortality is ensured. Care should be taken not to introduce any herbicide into adjoining waters.

Trees less than about two inches (5 centimeters) in diameter can be wrenched out of the soil by means of a weed winch. Removal of small Russian olive trees will be easier when the soil is moist so that the majority of roots can be extracted.

Tamarisk or Salt Cedar (Tamarix ramosissima and T. parviflora) Description: This shrub grows from 5 to 20 feet (1.5 to 6 meters) tall. Tiny scale-like leaves grow on slender reddish-brown stems. Originally introduced for erosion control purposes, tamarisk has become naturalized along many of the streams and canals of the West. It forms dense stands that replace native vegetation and degrade wildlife habitat.

Management Methods: The recommended management method is the same as described for Russian Olive. SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 241 Attachment -2 $ & $ '  % 

) *%$* Anderson Seed 2410 10th St., Greeley, CO 80631 (970) 353-0188 Applewood Seed Co. 5380 Vivian St., Arvada, CO 80002 (303) 431-6283 Applewood Seed Co. P.O. Box 270, Rocky Ford, CO 81067 (719) 254-7460 Aquatic and Wetland Nurseries 1655 Walnut St., Suite 205, Boulder, (303) 442-5770 CO 80302 Arbor Valley Nursery P.O. Box 932, Brighton, CO 80601 (303) 654-1682 Arkansas Valley Seeds, Inc. 4333 Hwy. 66, Longmont, CO 80504 (303) 535-4481 Bookcliff Gardens 755 26 Rd., Grand Junction, CO 81506 (970) 242-7766 Camelot Gardens 16612 S. Hwy 550, Montrose, CO (970) 249-6109 81401 Carhart Feed and Seed Dove Creek, CO 81324 (970) 677-2233 Colo-Hydro Inc. 5555 Ute Highway, Longmont, CO 80501 Colorado State Forest Service CSU-Foothills Campus, Ft. Collins, (970) 491-8429 CO 80523 Colorado Alpines, Inc. P.O. Box 2708, Avon, CO 81620 (970) 949-6464 Country Lane Wholesale Nursery 2979 North Hwy 83, Franktown, CO (303) 688-2442 80116 Earth, Wind, and Rock 5899 Co. Rd. 24, Ridgeway, CO 80143 Farmers Marketing Assoc. 4545 Madison St., Denver, CO 80216 Farmers Pride Seed Co. 916 19 1/2 Rd., Fruita, CO 81521 Ft. Collins Nursery 2224 N. Shields, Ft. Collins, CO 80524 (970) 484-1289 Green Acres Nursery 4990 McIntyre St., Golden, CO 80403 (303) 279-8204 Hydro-Garden, Inc. P.O. Box 9707, Colorado Springs, CO 80932 Iliff Gardens 4750 East Iliff, Denver, CO 80222 (970) 858-9134 Kroh Nursery Loveland, CO 80537 Little Valley Nursery 13022 E. 136 Ave., Brighton, CO (800) 221-3241 or 80524 (303) 659-6708 Longmont Seed Co. P.O. Box 2298, Longmont, CO (970) 776-1560 Mile High Seed Co. Box 1988, Grand Junction, CO 81501 (970) 242-3122 Neco, Inc. Box 1178, Cahone, CO 81320 Northrup-King and Company 1621 West Twelfth Ave., Denver, CO 80204 Northrup-King and Company Box 998, Longmont, CO 80501 Pawnee Buttes Seed Inc. P.O. Box 1604 605 25TH Street (970) 356-7002 (formerly Southwest Seed) Greeley, CO 80632 (800) 782-5947 Rocky Mountain Native Plants, 2730 Snowmass Creek Road, (970) 927-0925 Co. Snowmass, CO 81654 [email protected] [email protected] SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 242 Attachment -2 ) *%$* Rocky Mountain Rare Plants P.O. Box 200483, Denver, CO 80220 San Juan Native Nursery Box 302, Pagosa Springs, CO 89117 Sharp Brothers Seed 101 East 4th St., Greeley, CO 80631 (970) 356-4710 Steamboat Landscaping, Inc. Box 1521, Steamboat Springs, CO 80477 Sunchaser Natives 14290 W. 54th Ave., Arvada, CO 80002 Dean Swift Box 24, Jarosa, CO 81138 Timberline Tree Seed Rye Star Route, Box 145, Pueblo, CO 81104 Treehouse Nursery 7450 Velmont Road, Boulder, CO 8030 Upper CO Environ. Plant Center P.O. Box 448, 5538 Rio Blanco (970) 878-5003 County Rd. 4, Meeker, CO 81641 Western Evergreen, Inc. 14201 West Forty-fourth Ave., Golden, CO 80401 Western Native Seed P.O. Box 1463, Salida, CO 81201 Yellow Pine Nurseries Box 192, Kiowa, CO 80117 (719) 539-1071

+ *%$* All Seasons Landscape Nursery 3376 E. Overland Rd., Meridian, ID (208) 888-6268 83642 Allied Seed, Inc. 1917 E. Fargo Ave., Nampa, ID 83651 (208) 466-9218 Aloha Landscape and Nursery 4291 S. Cloverdale Rd., Boise, ID (208) 362-2062 83704 Asgrow Seed Co. 1811 E. Florida Ave., Nampa, ID (208) 466-3351 83651 Bakker Bros. of Idaho Eastland Dr. South, Twin Falls, ID (208) 459-1900 83301 W.R. Baxter Wholesale Nursery 2615 Pioneer Ave., Emmett, ID 83617 (208) 365-6011 Baxter Wholesale Nursery P.O. Box 621Meridian, ID 83642 Boise Valley Seed, Inc. R.R.10, Darrow Land, Caldwell, ID (208) 459-7211 83651 Brown King Nursery 1407 Arthur Street, Caldwell, ID 83605 Clayton Wholesale Nursery Co. 6622 Joplin Road, Nampa, ID 83651 (208) 286-7801 Clifty View Nursery Route 1, Box 509, Bonners Ferry, ID 83805 Cloverdale Nursery 2528 N. Cloverdale Rd., Boise, ID 83704 Coeur d'Alene Landscaping Box 1556, Coeur d'Alene, ID 83814 Crookham Company 301 Warehouse Avenue, Caldwell, ID 83651 D&G Turf Farm and Nursery 1267 N. Cloverdale Rd., Boise, ID 83704 Dahlin's Landscape Nursery Route 1, Box 304, Priest River, ID 83856 Donnelly Nursery 11911 Franklin Rd., Boise, ID 83709 (208) 375-2000 SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 243 Attachment -2 + *%$* Double D Feed and Seed, Inc. 215 Broadway Ave., Melba, ID 83641 Down to Earth Garden Shop 1615 N. Woodruff, Idaho Falls, ID 83401 Du-Rite Nursery and Landscaping 5321 W. Cherry Lane, Meridian, ID 83642 Eagle Landscaping and Nursery P.O. Box 8, 988 East State Street, (208) 939-8723 Eagle, ID 83616 Erico Nursery P.O. Box 209, Plummer, ID 83851 Fantasy Farms Nursery Route 2, Lenore, ID 83541 Ferry Morse Seed Co. 3015 E. Comstock, Nampa, ID 83651 Forest Tree Nursery c/o College Forestry, Wildlife and Range Science, University of Idaho, Moscow, ID 83843 Fruitland Nursery P.O. Box 332, Fruitland, ID 83619 Garden and Landscape Nursery 2900 N. 32nd, Boise, ID 83703 (208) 343-0755 Garden Center West, Inc. 11500 Fairview Ave., Boise, ID 83704 (208) 376-3322 Garden Square Lewiston, ID 83501 Globe Seed and Feed Company 224 4th Ave., Twin Falls, ID 83301 (208) 733-1373 Gooding Seed Company Box 57, Gooding, ID 83330 Graft Nursery and Landscaping 1602 East 16th, Burley, ID 83318 Grassland West Company Box A, Culdesac, ID 83524 (208) 843-5121 Greenhurst Nurs. and Garden 3209 S. Happy Valley Rd., Nampa, ID Cntr. 83651 Green Things Nursery P.O. Box 1900, 2230 Michigan, Orofino, ID 83544 Green Thumb, Inc. 2113 Idaho Avenue, Caldwell, ID (208) 459-3349 83605 Grimm Alfalfa Growers Assn. Box 269, Blackfoot, ID 83221 (208) 785-0830 Harker Bros. Southside Blvd., Nampa, ID 83651 (208) 495-2308 or(208) 466-5783 Hash Company Nurs. and Lndsc. Troy Highway, Moscow, ID 83843 Hash Tree Co. Box 72A, Princeton, ID 83857 (208) 875-1030 High Altitude Gardens P.O. Box 1048, Hailey, ID 83340 (208) 788-4363 Hillcrest Farms, Inc. Route 1, Grangeville, ID 83530 Hillside Nursery 2350 Hill Road, Boise, ID 83702 Hoffmans Greenhouse and Nurs. 3332 Caldwell Blvd., Nampa, ID (208) 466-1977 83651 Howards Nursery and Greenh. 7106 Ustick Rd., Boise, ID 83704 (208) 322-6000 Inland Gardens 2124 Longmont Ave., Boise, ID 83705 (208) 342-6953 Intermountain Landscape Co. P.O. Box 1087, Hailey, ID 83333 Jacklin Seed Company 17300 Jacklin Ave., Post Falls, ID (208) 773-7581 83854 Jayker Tree Farms, Inc. 801 E. Beacon Light Rd., Eagle, ID (208) 939-0014 83616 John's Gourmet Gardens 9010 Burnett Dr., Boise, ID 83709 (208) 362-4439 Johnson's Quality Evergreens HCR 68, Box 293, Cocolalla, ID 83813 Kellog Mills 223 Roedel Ave., Caldwell, ID 83605 (208) 459-0777 SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 244 Attachment -2 + *%$* Ketchum Garden Center P.O. Box 229, Sun Valley, ID 83353 Kimberly Nurseries Route 3, Twin Falls, ID 83301 Leland Plato Star Route 1, Bonners Ferry, ID 83805 Levig Nursery Star Route 1, Kings Row, Bonners Ferry, ID 83805 McDonald's Garden Store Route 2, Public Avenue, Moscow, ID 83843 Mountain Seed Nursery Route 1, Box 271, Moscow, ID 83843 Mountain View Nursery Route 3, Box 170, Sandpoint, ID 83864 Musser Seed Co., Inc. 301 Fourth Ave. South, Caldwell, ID (208) 459-8243 83605 Native Seed Foundation Star Route, Moyie Springs, ID (208) 267-7938 Nishek Nursery Route 1, Box 516, Bonners Ferry, ID 83805 Nishitani Greenhouse P.O. Box 325, Caldwell, ID 83606 North American Plant Breeders 2323 11th Ave., North Ext., Nampa, ID (208) 467-2191 83651 Northern Natives Nursery 903 E. Lincoln, Emmett, ID 83617 Northplan Seed Producers P.O. Box 9107, Moscow, ID 83843 Northrup-King and Company Box 124, Twin Falls, ID 83605 Northrup-King and Company 223 Roedel Ave., Caldwell, ID 83605 (208) 459-0844 Northwest Nursery P.O. Box 455, Sandpoint, ID 83864 Northwest Turf and Garden 843 Lilac, Meridian, ID 83642 (208) 888-4467 NRCS Plant Materials Cntr P.O. Box 296, 1691 A South 2700 (208) 397-4133 West Aberdeen, ID 83210 Pickle Butte Farms Route 4, Box 344, Caldwell, ID 83605 Ponderosa Garden Cntr. and Nurs. 6305 North Black Cat Rd., Meridian, ID 83642 Providence Nursery Route 1, Box 588, Sandpoint, ID 83864 Puffer-Ridge Farms Baldy Road, P.O. Box 132, Sandpoint, ID 83864 Purple Sage Farms, Inc. 11741 Bullock Lane, Middleton, ID (208) 585-6140 83644 Reggear & Sons Route 3, box 102-A, Orofino, ID 83544 Rick's College Landscape and Horticulture Dept. 500 South Center, Rexburg, ID 83440 Riteway Industries Route 1, Box 31-B, Potlatch, ID 83855 Steve Rogan Co. 32121 Ave., Caldwell, ID 83605 (208) 632-3001 Rogers Bros. Seed Co. Madison Ave., Nampa, ID 83651 (208) 467-1159 Sand Hollow Nursery R.R.7, Caldwell, ID 83605 (208) 459-7389 Seeds BLUM (208) 342-0858 Sherwood Forest Nursery 244 N. 2nd East, P.O. Box 781, Rexburg, ID 83440 Shields of Nampa, Inc. 1618 Avenue South, Nampa, ID 83651 (208) 466-3584 Silver Springs Nursery HCR 62, Box 86, Moyie Springs, ID (208) 267-5753 83845 Simplot Soilbuilders Box 342, Meridian, ID 83642 SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 245 Attachment -2 + *%$* Smith Garden Square, Inc. 415 North 22nd Street, Lewiston, ID 83501 Smith Tree Plantation Route 1, Box 131-A, Idaho Falls, ID 83401 Spencer Mountain P.O. Box 3, Cocalalla, ID 83813 Stonetree Landscaping 3226 Garrity Blvd., Nampa, ID 83651 Storey Feed and Seed Co. 503 E. 1st., Meridian, ID 83642 (208) 888-4436 Sunseeds, Inc. 1832 Garrity Blvd., Nampa, ID 83651 (208) 466-4679 The Green Ranch P.O. Box 2597, Boise, ID 83701 (208) 336-3312 The Hothouse 563 North 3rd Street, Montpellier, ID 83254 The Rudy-Patrick Company Box 1130, Nampa, ID 83651 The Silva Star Co. R.R. 1, Box 64-A, Potlatch, ID 83855 Twin Butte Evergreens 416 N. Blaine Street, Moscow, ID 83843 Union Farm and Garden, Inc. 250 No. Orchard Ave., Boise, ID (208) 466-3568 83704 Western Premium Seed, Inc. 4696 Overland Rd., Boise, ID 83705 (208) 343-0871 Franz Witte, Lndsc. Contr./Nurs. 9770 W. State St., Boise, ID 83703 Young's Nursery and Landsc. Orchard and Ramsey Rds., P.O. Box 570, Hayden Lake, ID

,- .*  *%$* Buskirk Horticultural Service 1621 East Kansas Ave., McPherson, KS 67460 Beachner Seed Co. Box 128, St. Paul, KS 66771 449-2286 Creek Side Farm Rt. 1, Box 19, Fowler, KS 67844 Delange Seed House, Inc. P.O. Box 7, Gerard, KS 66743 (316) 724-6223 Gamagrass Seed Co. Rt. 1, Box 45, Hiawatha, KS 66434 (913) 742-3699 Mott Ranch, Inc. 579 Parkway, Pratt, KS 67124 (316) 672-2341 NRCS Plant Materials Cntr. 3800 S. 20th St., Manhattan, KS 66502 (913) 539-8761 Sharp Bros. Seed Co. Healy, KS 67850 (316) 398-2231 J.H. Skinner Co. Nursery P.O. Box 8068, Topeka, KS 66608 Glen Snell 300 N. Adams, Medicine Lodge, KS (316) 886-5075 or 67104 (800) 279-5841 Sommer Bros. Seed Co. Box 19021, Topeka, KS 66619 Star Seed Inc. 128 South First, Osborne, KS 67473 (913) 346-5447 Star Seed Inc. Highway 14, Beloit, KS 67420 (913) 738-2422 Valley Feed and Seed, Inc. 1903 S. Meridian, Wichita, KS 67213 Willis Nursery Co., Inc. P.O. Box 530, Ottawa, KS 66067

,, %***%$* Adsit Farm and Ranch Service Decker, MT 59025 (406) 757-2223 Agribasics 100 S. Broadway, Belgrade, MT 59714 (406) 388-4232 Agribasics 900 16th North, Great Falls, MT 59403 (406) 453-4321 Agrineeds Box 622, Livingston, MT 59047 (406) 222-0332 SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 246 Attachment -2 ,, %***%$* A.L. Bruce Seed Company Townsend, MT 59664 (406) 266-3835 Alpine Nursery 1763 Highway 2 East, Kalispell, MT 59901 Amsterdam Store 6680 Amsterdam Rd., Manhattan, MT (406) 282-7223 59741 Badland Nursery P.O. Box 1615, Havre, MT 59501 Barber Seed Service, Inc. HC 76, Box 62, Denton, MT 59430 (406) 567-2211 Beartooth Grain and Feed Box 1088, Red Lodge, MT 59068 (406) 446-1418 Beebe Grain 712 E. Front, Butte, MT 59701 Big Sky Wholesale Seeds P.O. Box 852, Shelby, MT 59474 (406) 434-5011 Billings Nursery 7900 Frontage Rd., Billings, MT 59101 BitterRoot Nursery 521 East Side Hwy., Hamilton, MT (406) 961-3806 59828 BitterRoot Nursery 445 Quast Lane, Corvallis, MT 59828 (406) 961-4991 Blake Nursery Otter Creek Rd., Big Timber, MT (406) 826-3405 59011 Bridger Tree Farm 8860 Bridger Canyon Rd., Bozeman, MT 59715 Buffalo Bill Nursery Route 2, Box 66, Plains, MT Bud Burta Rd. 2, #2241, Lewistown, MT 59457 (406) 538-8397 Canyon Creek Nursery Billings, MT 59101 Del Carey Box 1, Volborg, MT 59351 (406) 421-5562 Cashman Nursery P.O. Box 242, Bozeman, MT 59715 (406) 587-3406 Cenex Seed Co. P.O. Box 1748, Billings, MT 59103 Cenex/Farmers Union Oil Box 339, Chinook, MT 59523 Cenex Seed Plant Box 956, Miles City, MT 59301 (406) 232-4760 Cenex/Farmers Union Oil 1820 St. Charles, Fort Benton, MT (800) 497-8295 59422 Cenex/Farmers Union Oil 105 2nd Ave. North, Froid, MT 59226 (406) 766-2339 Cenex/Farmers Union Oil Box 2483, Great Falls, MT 59403 Cenex/Farmers Union Oil 1545 Northern Ave., Worden, MT (406) 967-3100 59058 Cenex/Power Farmers Elev. Co. Box 215, Power, MT 59468 (406) 463-2281 Cenex Supply and Marketing 4570 N. Reserve, Missoula, MT 59802 (406) 543-8383 Cenex Supply and Marketing 1408 Hwy 93 So., Ronan, MT 59864 (406) 676-2201 Central Feed Co. 220 East Main, Lewistown, MT 59457 (406) 538-5451 Chadwick Landscape Nursery 2101 East Custer Ave., Helena, MT 59601 Circle S Seeds Box 130, Three Forks, MT 59752 (406) 285-3269 Co-op Supply, Inc. 700 North Montana St., Dillion, MT (406) 683-2308 59725 Co-op Supply Inc. Box 36, Valier, MT 59486 (406) 279-3277 Cramer Irrigation and Seed Box 432, Hysham, MT 59038 (406) 342-5281 CX Ranch, Inc. 341 Rd. 422, Circle, MT 59215 Dept. of State Lands, For. Div. 2705 Spurgin Rd., Missoula, MT 59801 Chip Dye HC 50, Box 4, Alzada, MT 59311 (406) 828-4487 SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 247 Attachment -2 ,, %***%$* Earth and Wood Craftsman, Inc. 3204 Highway 93 South, Stevensville, MT 59870 Eastern Montana Seeds HC Box 3050, Forsyth, MT 59327 (406) 356-2374 Eisenman Seed Co. P.O. Box 129, Fairfield, MT 59436 (406) 467-2521 Farmers Exchange 115 Main St., Stevensville, MT 59870 (800) 240-5441 Forestry Seeds Lewistown, MT 59457 Forsyth Seed Co. Box 185 Forsyth, MT 59327 (406) 356-7627 Four Winds Nursery 5853 E. Shore Rd., Polson, MT 59860 Gallatin Farmers Co. 114 Northern Pacific, Belgrade, MT (406) 388-6242 59714 Garden City Seeds 1324 Red Crow Rd., Victor, MT 59875 Grain Growers Oil Co. Box 847, Scobey, MT 59263 (406) 487-2741 R.M. Gregor Landscaping 1310 Greene St., Helena, MT 69501 Harding Land and Cattle Co. Box 3022, Miles City, MT 59301 (406) 232-2754 Hardy Trees P.O. Box 9346, Kalispell, MT 59904 Loyd A. Harris 3921 Springhill Rd., Bozeman, MT (406) 587-5696 59715 Harvest States Co-op Box 66, Valier, MT 59486 (406) 279-3615 Hi-Mountain Farm Route 1, Box 29, Seligman, MT Heartland, Inc. Belgrade, MT 59714 (406) 388-4232 Heisel Nursery 4463 Springhill Rd., Bozeman, MT 59715 K and K Seed Co. Route 3, Conrad, MT 59425 K-W Feed and Grain, Inc. Box 1389, Big Timber, MT 59011 (406) 932-5132 Lake Milling, Inc. Box 288, Hamilton, MT 59840 (406) 363-2334 Lawsons Greenhouse 1405 Hillside Dr., Bozeman, MT 59715 Lawyer's Nursery 950 Hwy. 200 West, Plains, MT 59859 (406) 826-3229 Laurel Co-op Assn. Box 7, Edgar, Mt 59026 (406) 962-3792 Lone Pine Ranch HC 31, Box 3125, Wolf Point, MT (406) 525-3390 59201 Mannakee Seed Co. Box 68, Cascade, MT 59421 Marchie's Nursery 1845 South Third West, Missoula, MT 59801 Mecklenberg Gardens 4141 Sringhill Rd., Bozeman, MT 59715 Mo's Greenhouse 185 Swan River Rd., Bigfork, MT 59911 Montana Bitterroot Gardens 1990 Lower Valley Rd., Kalispell, MT 59901 Montana Merchandising Co. Box E, Great Falls, MT 59405 (800) 332-1812 Montana Seeds, Inc. Route 3, Conrad, MT 59425 (406) 278-5547 Mountain Brooks Nursery P.O. Box 1114, Eureka, MT 59917 Mountain Home Nursery Deborgia, MT 59830 Hugo Muggli, Inc. Tongue River Stage, Miles City, MT (406) 232-5578 59330 Northern Ag Service HC65, Box 5500, Hwy 2 East (406) 654-2022 SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 248 Attachment -2 ,, %***%$* Northland Seed Co. 418 Albert St., Billings, MT 59101 (406) 252-0568 Northrup-King and Co. Box 398, Billings, MT 59103 (406) 252-0508 NRCS Plant Materials Cntr. Route 1, Box 1189, Bridger, MT (406) 662-3579 59014-9718 Patrick Seed Farms, Inc. HC 72, Box 7300, Malta, MT 59538 (406) 654-1958 Ed Peterson Rt. 1, Box 2908, Troy, MT 59935 Pioneer Hi-Bred Int'l Box 400, Wibaux, MT 59353 (406) 654-1958 Powder River Seed Co. Box 673, Broadus, MT 59317 Quality Seed Co. P.O. Box 31, Lewistown, MT 59457 (406) 538-8738 Renn's Blue Spruce Nursery 6305 Highway 2 East, Columbia Falls, MT 59912 Reynolds Feed and Seed Box 201, Winnett, MT 59087 (406) 429-7821 Shades of Green Nursery 3403 Cooney Dr., Helena, MT 59601 Bill Skorupa Rt. 1, Box 1211, Bridger, MT 59014 (406) 662-3358 Snow Line Tree Co., Inc. Highway 93 South, Kalispell, MT 59901 Spanish One Conrad, MT 59425 (406) 627-2329 State Nursery Company Helena, MT 59601 Townsend Seeds, Inc. P.O. Box 1338, Townsend, MT 59644 (406) 266-4444 Treasure State Seed, Inc. Box 698, Farifield, MT 59436 (406) 467-2557 Tri-Valley Feed Rt. 62, Box 3252, Livingston, MT (406) 222-1132 59047 Two Dog Seed Co. 800 Steel Bridge Rd., Kalispell, MT (406) 752-3656 59901 Valley Feed Rt. 62, Box 3252, Livingston, MT 59047 Valley Nursery Box 4845, Helena, MT 59601 Wanner Nursery Corvallis, MT 59828 West Butte Ranch Box 32, Sweetgrass, MT 59484 (406) 937-2281 West Feeds/Agribasics 1420 Minnesota Ave., Billings, MT (406) 252-5196 59101 Western Seed and Supply, Inc. P.O. Box 57, Charlo, MT 59824 Western Seed and Supply, Inc. Box 67 Ronan, MT 59864 (406) 676-3900 Westland Seed, Inc. Box 57, Charlo, MT 59824 (406) 644-2202 Westland Seeds, Inc. 1308 Round Butte Road W., Ronan, (800) 547-3335 MT 59864 Wild Flower Seeds 16000 Hwy 10A West, Anaconda, MT 59711 Wildwood Landscaping P.O. Box 322, Big Sky, MT 59716

,/  0*%$* Arrow Seed Co., Inc. Box 722, Broken Arrow, NE 68822 Kendall Atkins HC89, Box 52, Dix, NE 69133 Bluebird Nursery P.O. Box 460, Clarkson, NE 68629 (402) 892-3457 Cenex Seed Co. Box 279, Gering, NE 69341 Clarke-McNary Univ. of NE. Campus, Lincoln, NE (402) 472-6640 SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 249 Attachment -2 ,/  0*%$* 68583 Cole Seed Farm Route 1, Box 119, Plattsmouth, NE (402) 298-8169 or 68048 (402) 298-8387 Condon Farms Route 2, Creighton, NE 68729 (402) 358-3614 Coronolla Hills 9201 McKinley St., Omaha, NE 68122 Engel Farms 4816 35th Street, Columbus, NE 68601 (402) 503-2186 Flatland Scenes 1219 16th St., Aurora, NE 68818 Fragrant Path P.O. Box 328, Ft. Calhoun, KE 68023 Gamagrass Seed. Co Route 1, Box 111A, Falls City, NE (800) 367-2879 68355 Horizon Seeds Inc. P.O. Box 81823, 1540 Columbus Ken (402) 475-1232 Hwy Lincoln, NE 68501 Laux Seed Farm HC 85, Box 48, Bridgeport, NE 69336 Marshall Nurseries 205 North 2nd, Arlington, NE 68002 Miller Seed Co. Box 81823, 1540 Cornhusker Hwy, (402) 432-1232 Lincoln, NE 68501 Osler Seed Farms HCR 55, Box 123, Elsie, NE 69134 Plumfield Nurseries 210 North Nye Street, Box 410, Fremont, NE 68025 Prairie Plains Seed, Inc. Route1, Box 112, Faribury, NE 68352 (402) 446-7312 Ruse Farm Route A, Box 8, Gordon, NE 69343 (308) 282-0786 Stock Seed Farms R.R. 1, Box 112, Murdock, NE 68407 (402) 867-3771 Trojan Seed Co. Route 2, Lyman, NE 69352 Willow Creek Nursery R.R. 1, P.O. Box 485, Chappell, NE 69129 Wilson Seed Farms Polk, NE 68654

,1 2%"!*%$* Agricultural Seed Co. Drawer A, Mesquite, NM 88048 Agua Fria Nursery 1409 Agua Fria St., Santa Fe, NM (505) 983-4831 87501 Bar V 3 Enterprises P.O. Box 306, Alamogordo, NM 88311 (505) 434-5210 Bernardo Beach Native Plant 520 Montano N.W., Albuquerque, NM (505) 345-6248 Farm 87107 Cactiflor Box 787, Balew, NM 87002 Curtis and Curtis, Inc. Box 8A - Star Route, Clovis, NM (505) 762-4759 88101 Desert Moon Nusery Box 600, Veguita, NM 87062 (505) 864-0614 C.H. Diebold Box 330, RFD 3, Los Lunas, NM (505) 869-2517 87031 Grassland Resources, Inc. Santa Fe, NM 87501 Malone Farms, Ltd. Route 1, Box 76, Lake Arthur, NM 88253 Mesa Gardens P.O. Box 72, Belen, NM 87002 (505) 864-3131 Mountain Valley Nursery Box 81, Lincoln, NM 88338 Nature's Way Wholesale Nursery 8905 Edity Blvd. N.E., Albuquerque, (505) 898-9258 SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 250 Attachment -2 ,1 2%"!*%$* NM 87113 New Mexico Cactus Research P.O. Box 787, Belen, NM 87002 New Mexico Native Plant 309 West College Ave., Silver City, (505)537-2165 Nursery of S.W.S.H. NM 88061 NRCS Plant Materials Cntr 1036 Miller Street, S.W., Los Lunas, (505) 865-4684 NM 87031 Plants of the Southwest 1570 Pacheco St., Santa Fe, NM 87501 (505) 983-1548 Rowland Nursery 540 Telshor Blvd., Las Cruces, NM (505) 522-4227 88001 Santa Ana Pueblo Hwy. 44 and Jemez Dam Rd., (505) 867-1322 Bernalillo, NM 87004 Santa Fe Greenhouses 2904 Rufina St., Santa Fe, NM 87501 (505) 473-2700 Sierra Vista Growers P.O. Box 225, Chamberino, NM 88027 Wildland Native Seeds Found. 2402 Hoffman Dr. NE, Albuquerque, NM 87110

,3 0*%$* Agassiz Seed and Supply 4121 1/2 So. University Dr., Fargo, ND 58104 Cenex Land O'Lakes Seed Box 155, 111 11th Ave West, Williston, ND 58802 Chesak Seed House 220 North 23rd St., Bismark, ND 58501 Kutzer's Nursery Rt. 2, Box 154A, Oakes, ND 58474 (701) 742-2747 Lincoln-Oaks Nursery P.O. Box 1601, Bismark, ND 58502 NDSU Agronomy Seed Farm 15449 37th St., Bismark, ND 58012 NRCS Plant Materials Center 3308 University Drive, Bismark, ND (701) 223-8536 58504-7564 Rogne-Schumacher Seed Farm R.R. 2, Box 231, Kindred, ND 58051 S & B Landscaping and Nursery 1400 Airport Rd., Bismark, ND 58504 Barry Voilek Farms 222 Denver Dr., Crete, ND 58040

,4  #0*%$* Bertsch Ranch HC 76, Box 137, Miller, SD 57362 Den Besten Seed Co. Box 896, Platte, SD 57369 Cammack Ranch Supply Box 2, Union Center, SD 57787 Clinton Fuerst Box 417, Tripp, SD 57376 Domestic Seed and Supply P.O. Box 466, Madison, SD 57042 Gene Graves 1109 E. Main St., Chamberlain, SD 57325 Hansmeier and Son, Inc. P.O. Box 136, Bristol, SD 57219 Leo Kratovil P.O. Box 55, Batesland, SD 57716 Brad Magness R.R. 1, Box 140, Huron, SD 57350 Milborn Feed and Seeds, Inc. 3127 Hwy. 14 Bypass, Brookings, SD 57006 Roger McCulloch R.R.1, Box 151, Big Stone City, SD SOQ-KR-93632 Appendix V: Regional Vendors of Plant Materials 251 Attachment -2 ,4  #0*%$* 57216 Pearl View Seeds R.R. 1, Box 151, Cavour, SD 57324 Wm. Scott Phillips Box 17, New Underwood, SD 57761 Eugene Raap R.R. 1, Box 72, Pierpont, SD 57408 Rethke Nurseries 47030 149th St., Twin Brooks, SD 57324 SD Crop Improv. Found. Box 2207-A, Brookings, SD 57007 Sexauer Co. Box 58, Brookings, SD 57007 Robert Weiss 41963 275th St., Parkston, SD 57366 Wilbers Feed and Seed Co. P.O. Box 41, Miller, SD 57362

, *%$* C & S Intermtn. Seed Enter. Box 74 or Box 62, Ephraim, UT 84627 (801) 283-4383 Coble Seed Co. P.O. Box 175, Gunnison, UT 84634 (801) 528-3234 Granite Seed 1697 West 2100 North, Lehi, UT (801) 768-4422 84043 Hillview Water Gardens 1044 East Hillview Dr., Salt Lake City, (801) 261-4912 UT 84124 Charles Inouye Box 396, Gunnison, UT 84634 Lone Peak State Nursery Utah Dept. of Natural Resources, (801) 571-0900 14650 South Prison Rd., Draper, UT 84020 Maple Leaf Industries Box 496, Ephraim, UT 84627 Mountain Wildland Seed Co. Box 3201, Logan, UT 84321 (801) 283-4701 Progressive Plants 9180 S. Wasatch Blvd., Sandy, UT (801) 942-7333 84093 Steve Regan Co. 451 South 400 West, Salt Lake City, UT 84101 Stevens Bros Wldlnd Sds & Nurs Box 496, Ephraim, UT 84627 William Roger Steward and Sons Box 124, Ephraim, UT 84627 Porter Walton Co. Box 1919, 522 South Third West, Salt Lake City, UT 84110

,  56*7*%$* Dean Anderson 2527 Hwy. 215, Pine Bluffs, WY 82082 Carroll Riggs Seed Co. Shoshoni, WY 82649 (307) 856-3004 Clouds Seed Co. P.O. Box 937, Sheridan, WY 82801 Etheridge Seed Farms 2028 Lane 11, Powell, WY 82435 Faxon Farms 598 Rd. 11, Powell, WY 82435 Parko Farms Star Route, Box 162A, Powell, WY (307) 754-3080 82435 Riggs Seed Co., Inc. Shoshoni, WY 82649 (307) 856-2278 Spiering Farms 1170 Road 19, Powell, WY 82435 (307) 754-4349 Wind River Seed Co. Rt. 1, Box 97, Manderson, WY 82432 (307) 568-3361 Yoder Grain and Lumber Co. Torrington, WY 82240 SOQ-KR-93632 Appendix VI: Erosion Control Products and Suppliers 253 Attachment -2 $       

Listing of these vendors and products does not constitute endorsement by the State of Colorado, the authors of this manual, or sponsoring agencies.

American Excelsior Company Curlex blankets, erosion control netting, Enkamat, Am 6475 North Franklin Street Tak tackifier Denver, Colorado 80229 303-287-3261

Bowman Construction Supply, Inc. PPS Excelsior blankets, Greenfix straw and coconut 2310 So. Syracuse Way blankets, mat fiber and Thermoguard Co. hydromulches. Denver, Colorado 80231 R-Tack tackifier. Soil Guard bonded fiber matrix, Soil 303-696-8960 Master soil binder, Koirmat, and Jute Netting.

Buckley Powder Company Xcel Excelsior blankets (biodegradable netting 42 Inverness Drive East available), Aspen Turbo & Conwed hydraulic mulches, Englewood, Colorado 80112 Plantago and Marloc tackifiers, Conwed erosion control 303-766-2000 netting

Nilex Corporation North American Green straw blankets, coconut blankets, 6810 South Jordan Road straw/coconut blankets, synthetic blankets Englewood, Colorado 80111 303-766-2000

REVEX (Revegetation Exchange, Inc.) PPS Excelsior blankets, Greenfix straw and coconut 8941 Woodland Road blankets, mat fiber and Thermoguard Co. hydromulches. Longmont, Colorado 80503 R-Tack tackifier. Soil Guard bonded fiber matrix, Soil 303-772-4335 Master soil binder, Koirmat, and Jute Netting. 1-800-666-4050

Vance Bros. Inc. straw blankets, Excelsior blankets, EcoAegis bonded 3313 Moline Street fiber matrix, Ecofiber hydromulch Aurora, Colorado 80040 303-341-260

Western Excelsior Xcel Excelsior erosion control blankets 901 West Grand Avenue Mancos, Colorado 970-533-7412

The distributors above sell and ship directly to consumers. All have specialists who can help in selecting the right material for your project. Many also sell to local garden centers, hardware, building supply, and other stores that sell graminoid seed. SOQ-KR-93632 Appendix VII: Federal Agency Contacts 255 Attachment -2 $ ' &8 

 %8 '&

Omaha District (Platte River drainage) Tri-Lakes Project Office 9307 State Hyw 121 Littleton, Colorado 80218-6901 303-976-4120

Albuquerque District (Arkansas and Rio Grande River drainages) Southern Colorado Regulatory Office 710 N. Main Street, Ste. 205 Pueblo, Colorado 81003-3046 719-543-9459

Sacramento District (Colorado river drainage) Western Colorado Regulatory Office 402 Rood Avenue, Rm 142 Grand Junction, Colorado 81501-2563 970-243-1199

$%    &8

Environmental Protection Agency Region VIII 999 18th Street, #500 Denver, Colorado 80202-2466 1-800-227-8917 1-303-312-6312 SOQ-KR-93632 Appendix VIII: Index of Plant Lists and Tables 257 Attachment -2 $ '     

   '

EASTERN PLAINS AND FOOTHILLS REGION PLANT FINDER 1: SHORT-GRASS PRAIRIE ...... 18 PLANT FINDER 2: MID-GRASS PRAIRIE ...... 20 PLANT FINDER 3: TALL-GRASS PRAIRIE ...... 21 PLANT FINDER 4: FOOTHILLS GRASSLAND ...... 22 PLANT FINDER 5: GREASEWOOD FLATS (EASTERN PLAINS)...... 24 PLANT FINDER 6: SHADSCALE AND SALTBUSH FLATS (EASTERN PLAINS) ...... 24 PLANT FINDER 7: SAND SAGEBRUSH PRAIRIE ...... 25 PLANT FINDER 8: SAND DUNE BLOWOUTS...... 26 PLANT FINDER 9: SHRUBLANDS...... 27 PLANT FINDER 10: PIÑON PINE-JUNIPER WOODLAND ...... 29 PLANT FINDER 11: PONDEROSA PINE WOODLANDS AND SAVANNA...... 31 ROCKY MOUNTAIN REGION PLANT FINDER 12: MONTANE GRASSLANDS ...... 36 PLANT FINDER 13: SUBALPINE GRASSLANDS ...... 37 PLANT FINDER 14: BASIN BIG SAGEBRUSH ...... 39 PLANT FINDER 15: MOUNTAIN BIG SAGEBRUSH ...... 40 PLANT FINDER 16: LIMBER AND BRISTLECONE PINE WOODLANDS...... 43 PLANT FINDER 17: DOUGLAS-FIR FOREST ...... 45 PLANT FINDER 18: LODGEPOLE PINE FOREST...... 47 PLANT FINDER 19: ASPEN FOREST ...... 48 PLANT FINDER 20: ENGELMANN SPRUCE - SUBALPINE FIR FOREST ...... 49 PLANT FINDER 21: MESIC ALPINE MEADOWS ...... 51 PLANT FINDER 22: DRY ALPINE MEADOWS ...... 52 WESTERN PLATEAU AND CANYON REGION PLANT FINDER 23: GRASSLANDS (WEST SLOPE)...... 56 PLANT FINDER 24: MAT SALTBUSH SHRUBLANDS ...... 58 PLANT FINDER 25: GREASEWOOD FLATS (WEST SLOPE)...... 58 PLANT FINDER 26: SHADSCALE SHRUBLANDS...... 59 PLANT FINDER 27: BASIN BIG SAGEBRUSH (WEST SLOPE) ...... 60 PLANT FINDER 28: MOUNTAIN BIG SAGEBRUSH (WEST SLOPE) ...... 61 PLANT FINDER 29: MIXED MOUNTAIN SHRUBLANDS (WEST SLOPE) ...... 62 PLANT FINDER 30: PIÑON PINE-JUNIPER WOODLAND (WEST SLOPE) ...... 64 PLANT FINDER 31: PINE WOODLANDS...... 65  9  '

EASTERN PLAINS AND FOOTHILLS REGION WETLAND / RIPARIAN PLANT FINDER 1: WETLAND - FRESHWATER MARSHES AND PLAYAS...... 122 WETLAND / RIPARIAN PLANT FINDER 2: WETLAND - ALKALINE MARSHES AND PLAYAS...... 123 WETLAND / RIPARIAN PLANT FINDER 3: WETLAND – MARSH MARGINS AND WET MEADOWS ...... 123 WETLAND / RIPARIAN PLANT FINDER 4: WETLAND – ALKALINE MARSH MARGINS AND SALT MEADOWS ...... 125 WETLAND / RIPARIAN PLANT FINDER 5: RIPARIAN – PLAINS...... 127 WETLAND / RIPARIAN PLANT FINDER 6: RIPARIAN – FOOTHILLS AND CANYONS ...... 128 SOQ-KR-93632 Appendix VIII: Index of Plant Lists and Tables 258 Attachment -2 ROCKY MOUNTAIN REGION WETLAND / RIPARIAN PLANT FINDER 7: WETLAND - FRESHWATER MARSHES AND PLAYAS...... 131 WETLAND / RIPARIAN PLANT FINDER 8: WETLAND - ALKALINE MARSHES AND PLAYAS...... 132 WETLAND / RIPARIAN PLANT FINDER 9: WETLAND – MONTANE AND SUBALPINE WET MEADOWS ...... 133 WETLAND / RIPARIAN PLANT FINDER 10: WETLAND- MONTANE AND SUBALPINE SALT MEADOWS...... 134 WETLAND / RIPARIAN PLANT FINDER 11: WETLAND- ALPINE SNOW GLADES ...... 137 WETLAND / RIPARIAN PLANT FINDER 12: WETLAND- ALPINE WET MEADOWS...... 137 WETLAND / RIPARIAN PLANT FINDER 13: RIPARIAN – WILLOW CARRS ...... 140 WETLAND / RIPARIAN PLANT FINDER 14: RIPARIAN – MONTANE AND SUBALPINE FORESTS ...... 142 WETLAND / RIPARIAN PLANT FINDER 15: RIPARIAN- ALPINE RIPARIAN COMMUNITIES...... 144 WESTERN PLATEAU AND CANYON REGION WETLAND / RIPARIAN PLANT FINDER 16: WETLAND - FRESHWATER MARSHES...... 146 WETLAND / RIPARIAN PLANT FINDER 17: WETLAND - ALKALINE MARSHES...... 146 WETLAND / RIPARIAN PLANT FINDER 18: WETLAND – MARSH MARGINS AND WET MEADOWS ...... 147 WETLAND / RIPARIAN PLANT FINDER 19: WETLAND – ALKALINE MARSH MARGINS AND SALT MEADOWS ...... 148 WETLAND / RIPARIAN PLANT FINDER 20: RIPARIAN – FLOODPLAINS AND TERRACES...... 150 WETLAND / RIPARIAN PLANT FINDER 21: RIPARIAN – FOOTHILLS AND CANYONS ...... 151    

TABLE 1: SOIL PROPERTIES DEPENDENT UPON PARTICLE SIZE ...... 70 TABLE 2: CRITERIA TO ESTABLISH SUITABILITY OF TOPSOIL ...... 73 TABLE 3: GENERAL GRASS SEED STANDARDS FOR COLORADO ...... 86 TABLE 4: BAREROOT VS CONTAINERIZED PLANTING STOCK...... 96 TABLE 5: RECOMMENDED PLANTING DENSITIES FOR ACHIEVING UNIFORM COVERAGE ...... 177 TABLE 6: CALCULATION OF THE REQUIRED NUMBER OF PLANTS TO ACHIEVE DESIRED DENSITY ...... 178 TABLE 7: MINIMUM SIZES OF SPADE MACHINE...... 179 TABLE 8: PLANT MATERIALS: WHEN TO PLANT AND RELATIVE SURVIVAL RATES ...... 184

TABLE A1: UPLAND PLANT CHARACTERISTICS - GRAMINOIDS...... 197 TABLE A2: UPLAND PLANT CHARACTERISTICS - FORBS ...... 205 TABLE A3: UPLAND PLANT CHARACTERISTICS - TREES AND SHRUBS ...... 213 TABLE A4: WETLAND/RIPARIAN PLANT CHARACTERISTICS, COMMON SPECIES - HERBACEOUS...... 223 TABLE A5: WETLAND/RIPARIAN PLANT CHARACTERISTICS, COMMON SPECIES - WOODY ...... 226 TABLE A6: COLORADO PROHIBITED WEED SEEDS ...... 227 TABLE A7: COLORADO RESTRICTED NOXIOUS WEED SEEDS...... 228 TABLE A8: COLORADO PLANT MATERIAL VENDORS ...... 241 TABLE A9: IDAHO PLANT MATERIAL VENDORS...... 242 TABLE A10: KANSAS PLANT MATERIAL VENDORS...... 245 TABLE A11: MONTANA PLANT MATERIAL VENDORS ...... 245 TABLE A12: NEBRASKA PLANT MATERIAL VENDORS...... 248 TABLE A13: NEW MEXICO PLANT MATERIAL VENDORS ...... 249 TABLE A14: NORTH DAKOTA PLANT MATERIAL VENDORS...... 250 TABLE A15: SOUTH DAKOTA PLANT MATERIAL VENDORS ...... 250 TABLE A16: UTAH PLANT MATERIAL VENDORS...... 251 TABLE A17: WYOMING PLANT MATERIAL VENDORS ...... 251 SOQ-KR-93632 Attachment -3 00000020200

SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE ‐ ‐ WORK AREA REVEGETATION SPECIFICATION

PART 1 GENERAL

1.01 WORK COVERED BY CONTRACT DOCUMENTS

A. Revegetation of approximately ___ linear feet (__ miles) of restored disturbed area covering approximately ___ acres of land following installation of a water pipeline section.

B. The completed Work will provide UTILITIES with revegetation activities from Station S __+20 to Station S __+85.

1.02 ACCESS TO SITE

A. UTILITIES has worked with property owners, both public and private, to understand the conditions of ingress and egress, security issues, and property control and protection issues regarding the Project Site. Abide by established mutually agreeable conditions of access between UTILITIES and property owners as provided by the CONSTRUCTION MANAGER.

B. Personnel accessing the Site are required to sign a statement provided by the CONSTRUCTION MANAGER signifying understanding of the conditions of access and that conditions will be abided.

C. Ensure existing site access control measures installed by the General Pipeline Construction Contractor (GENERAL CONTRACTOR) are maintained. These include, but are not limited to, signs at gates and access points notifying individuals that specific conditions of entry exist, marked temporary construction easement and work limit boundaries, installed project fencing (e.g., to protect pets, livestock, or children from construction activities) until original property fencing has been replaced to achieve Substantial Completion by the GENERAL CONTRACTOR.

D. Grant access to enter the Site only to those individuals that have a legitimate work related need to access the property.

E. Other Contractors: Other contractors may be in the vicinity of the Project Site. Other work in the vicinity of this Project Site includes, but is not limited to, construction and installation of adjacent reaches of the Southern Delivery System, Raw Water Pipeline.

F. Coordination with GENERAL CONTRACTOR:

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐1

1 of 58 SOQ-KR-93632 Attachment -3 00000020200

1. UTILITIES will contract with a GENERAL CONTRACTOR for the installation of the raw water pipeline. Upon Substantial Completion of the GENERAL CONTRACTOR’s scope of work, the GENERAL CONTRACTOR will transfer responsibility for Stormwater Pollution, Erosion and Sediment Control and Dust Control to the Revegetation Contractor (CONTRACTOR). Coordinate with GENERAL CONTRACTOR to transfer and/or reassign applicable permits.

2. GENERAL CONTRACTOR will leave implemented stormwater and erosion/sediment control Best Management Practices (BMPs) and temporary Work Limit Fencing in place. Within 14 days of anticipated Substantial Completion, CONTRUCTION MANAGER will inspect BMPs and temporary Work Limit Fencing with GENERAL CONTRACTOR and CONTRACTOR. GENERAL CONTRACTOR will make repairs to BMPs and fencing to restore them to a condition to serve their intended purposes and will clean BMPs that are greater than 25 percent full.

3. Upon CONTRACTOR acceptance of site conditions, GENERAL CONTRACTOR will coordinate transfer of site security (lock controlled access points) to CONTRACTOR. In addition, GENERAL CONTRACTOR will coordinate access to site with CONTRACTOR for GENERAL CONTRACTOR punch list and warranty work.

1.03 PROTECTION OF WORK AND PROPERTY

A. Inform CONSTRUCTION MANAGER of onsite accidents and related claims from property owners or the general public within the same day that the occurrence is identified.

B. Perform work between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. Work outside of these hours will be restricted to maintenance of traffic, safety, and construction controls; maintenance of construction equipment; and approved exceptions. Request approval from CONSTRUCTION MANAGER at least 4 working days in advance of work required to be performed outside of these hours.

C. Perform Work in a systematic manner that minimizes inconvenience to property owners and the public.

D. Promptly restore damaged or injured property including, but not limited to, fences, gates and outbuildings, to a condition similar or better to that existing before the damage or injury occurred, by repairing, replacing, rebuilding, or restoring the property.

E. Keep fire hydrants and water control valves free from obstruction and available for use.

F. Sweep roadways, streets, and walkways affected by the work and adjacent to the work when necessary to remove construction‐related dirt and dust.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐2

2 of 58 SOQ-KR-93632 Attachment -3 00000020200

1.04 SUSTAINABLE CONSTRUCTION

A. To the extent practical, purchase the materials and services from Pueblo County enterprises for work that will be performed in Pueblo County. Provide a monthly report summarizing Pueblo County, El Paso County, and Fremont County purchases.

B. Use a minimum 10 percent biodiesel fuel in construction equipment.

C. Provide CONSTRUCTION MANAGER monthly purchasing reports by County upon request.

1.05 PROJECT MEETINGS

A. Unless otherwise noted, CONSTRUCTION MANAGER will schedule physical arrangements for meetings throughout progress of the Work, prepare meeting agenda with regular participant input and distribute with written notice of each meeting, preside at meetings, record minutes to include significant proceedings and decisions, and reproduce and distribute copies of minutes after each meeting to participants and parties affected by meeting decisions.

1.06 PUBLIC COMMUNICATIONS

A. Do not issue any news releases, or make any arrangements for publicity, related to the UTILITIES’ SDS contracts to any news media without prior approval of UTILITIES.

B. UTILITIES’ contacts for public communications are:

David Marciniak Work: 719‐668‐3595 Mobile: 719‐291‐2481 Email: [email protected]

Margaret Radford Work: (719) 668‐4805 Mobile: (719) 290‐0885 e‐mail: [email protected]

C. Any contact with residents and the general public is to be reported to the CONSTRUCTION MANAGER and UTILITIES’ contact for public communications the same working day as the contact is made. Provide UTILITIES’ contact with information regarding the nature of the contact, contact information, if provided, location, and any comments regarding the contact.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐3

3 of 58 SOQ-KR-93632 Attachment -3 00000020200

D. Any contact with the media is to be reported to the CONSTRUCTION MANAGER and UTILITIES’ contact for public communication immediately when contact is made.

E. In the absence of UTILITIES’ public communication contact and CONSTRUCTION MANAGER, the CONTRACTOR shall not communicate with the media.

F. Release to use photos and video approved by the CONSTRUCTION MANAGER and UTILITIES. The CONTRACTOR and associated Subcontractors shall give UTILITIES and the CONSTRUCTION MANAGER unrestricted right and permission to copyright and use, re‐use, publish, and republish photographic portraits or pictures, as well as video of the CONTRACTOR and associated Subcontractors.

G. The CONTRACTOR and associated Subcontractors also permit the use of any printed material in connection therewith and relinquish any right that the CONTRACTOR and associated Subcontractors may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

1.07 REFERENCES

A. Documents for the Construction of the Southern Delivery System Raw Water Pipeline ‐ ‐ Specification and Drawings

B. Preconstruction Vegetation Resources Survey, Southern Delivery System‐South 2 dated September 29, 2010

C. Southern Delivery System, Raw Water Pipeline ‐ ‐, Temporary Stormwater Pollution, Erosion, and Sediment Control Specification

1.08 DEFINITIONS

A. Maintenance Period: Begin maintenance immediately after each area is seeded and continue for a period of two years and/or growing seasons (whichever is greater) after seeding under this section is completed.

B. Final Completion: Establishment of a Satisfactory Stand of permanent re‐vegetation.

C. Seeding Area: Areas cleared during the GENERAL CONTRACTOR scope of work.

D. Satisfactory Stand: Revegetated areas will be considered acceptable if the revegetated area cover is not less than 90 percent of the preconstruction Vegetation Cover with similar species diversity as determined by CONSTRUCTION MANAGER. The pipeline access road will not be included in the 90 percent coverage calculation.

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E. Vegetation Cover: Vegetation cover will be of the same seasonal variety native to the area of disturbed land, or species that support the post‐construction land use.

F. Pure Live Seed (PLS): Pure live seed is expressed as a percentage. It is the result of a calculation that takes into account the percentage purity of a given seed lot and the percentage viability of the seed in that lot. PLS tests are performed on single species lots.

G. Purity is the percentage of desirable seed in the lot sample. Any weed seed or chaff in the lot sample reduces the purity percentage. Any seed species other than the target seed species is considered weed seed. Provide seed mixes totally free of noxious weed seeds.

H. The live seed percentage combines three separate values: % germination + % hardness + % dormancy. Therefore: PLS % = % purity x (% germination + % hardness + % dormancy).

1.09 SUBMITTALS

A. Action Submittals: Product labels/data sheets.

B. Informational Submittals:

1. Revegetation Bond: As described in Section 3.11.

2. Seed: Certification of seed analysis, germination rate, and inoculation identified for native seed mix provided in Section 2.01:

a. Certify that each lot of seed has been tested by a testing laboratory certified in seed testing, within 6 months of date of delivery. Include with certification:

1) Name and address of laboratory.

2) Date of test.

3) Lot number for each seed specified.

4) Test Results: (i) name, (ii) percentages of purity and of germination, and (iii) weed content for each kind of seed furnished.

b. Mixtures: Proportions of each kind of seed.

3. Seed Inoculant Certification: Bacteria prepared specifically for legume species to be inoculated.

4. Description of required maintenance activities and activity frequency.

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5. Manufacturer’s Installation Instructions: Commercial products.

6. Drainage and Erosion/Sedimentation Control Plan and Procedures and schedule of drainage, erosion, and sedimentation control.

7. Manufacturer’s certificate of compliance attesting that erosion and sediment control procedures meet requirements of these Specifications. Seed certifications and certificates of inspection of seed by state or federal authorities.

8. Copies of delivery invoices or other proof of quantities of seed, mulch, and fertilizer.

9. Certification that mulch is weed free.

10. Permits related to stormwater, erosion and sediment control.

1.10 TEMPORARY EROSION AND SEDIMENT CONTROL

A. Follow requirements specified in the attached Temporary Stormwater Pollution, Erosion, and Sediment Control Specification (Attachment A).

1.11 DELIVERY, STORAGE, AND PROTECTION

A. Seed:

1. Furnish in standard containers with seed name, lot number, net weight, percentages of purity, germination, and hard seed and maximum weed seed content, clearly marked for each container of seed.

2. Keep dry during storage.

B. Mulch and Tackifier: Mark package to show air dry weight.

C. Other Materials:

1. Furnish in standard packaging.

2. Keep dry during storage.

1.12 WEATHER RESTRICTIONS

A. Perform Work under favorable weather and soil moisture conditions as determined acceptable by CONSTRUCTION MANAGER.

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1.13 SEQUENCING AND SCHEDULING

A. Coordinate with CONSTRUCTION MANAGER and GENERAL CONTRACTOR regarding sequencing and scheduling under this Specification.

B. Notify CONSTRUCTION MANAGER at least 3 working days in advance of:

1. Each material delivery.

2. Start of seeding activity.

C. Seeding: Conduct permanent seeding and planting of disturbed areas during the first normal period of favorable seeding and planting conditions after final preparation for seeding and planting. Unless otherwise directed by the CONSTRUCTION MANAGER, acceptable periods of permanent seeding and planting are between November 1 through April 30 if non‐irrigated, or between March 15 through July 15 if irrigated. Do not seed when soil surface is frozen or excessively wet as determined by CONSTRUCTION MANAGER.

D. Water: Obtain water from one of the following:

1. Fountain Valley Authority (FVA):

a) Cost for Service:

1) $2.78/day customer charge

2) $4/day meter charge

3) Water charge of $356.58/acre‐foot

b) Location of Water Source: Blowoff locations on the FVA conduit.

1) Unnamed Drainage

2) Williams Creek

3) North of E. Jaroso Drive

4) Tributary to Dry Creek

c) Maximum Flow Rate: 1,250 gpm

d) CONTRACTOR is responsible for piping and appurtenances beginning at the exposed flange at FVA blowoff(s).

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e) Backflow into the FVA blowoff(s) is not allowed. A backflow device, its cost, installation, and testing is the responsibility of the CONTRACTOR.

f) Water may be obtained from FVA. Storage of water must be provided. Approval must be obtained from FVA prior to use. Notify and obtain approval and authorization for usage and storage methods from FVA 2 weeks in advance prior to using water for Site activities.

g) Install security measures so that appurtenances are not vandalized.

h) Contact: Mike Urban, [email protected], (719) 668‐9090.

2. Pueblo West Metropolitan District:

a) Cost for Service (as of January 1, 2011):

1) Water charge of $3.56/1,000 gallons for 1 to 5,000 gallons volume.

2) Water charge of $4.81/1,000 gallons greater than 5,000 gallon volume.

3) $1,490 hydrant meter refundable deposit.

b) Water may be obtained from existing Pueblo West Metropolitan District hydrants. Approval must be obtained from Pueblo West Metropolitan District prior to use of hydrants. Notify and obtain approval from Pueblo West Metropolitan District 2 weeks in advance prior to using hydrants for water for construction activities.

c) Contact: Dan Higgins, dhiggins@pwmd‐co.us, (719) 250‐9169.

3) Other CONTRACTOR obtained source(s) must be approved by the CONSTRUCTION MANAGER.

E. Determination of Vegetative Cover:

1. CONSTRUCTION MANAGER will provide copies of preconstruction vegetation cover photographs to CONTRACTOR prior to commencement of the revegetation activities.

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2. CONTRACTOR will utilize a point‐intercept methodology for collecting vegetative cover taking observations every 3 feet (1 meter) along a 50 foot transect. Prior to commencement of construction activities measurements will be recorded.

3. Photographs and point‐intercept data will be available for use and to assist in determination of satisfactory stand (as defined in Section 1.07 D) by UTILITIES and the CONSTRUCTION MANAGER at Final Completion of the revegetation activities.

1.14 MAINTENANCE SERVICE

A. Inspect, repair, and replace as necessary erosion control measures during the time period from start of construction to completion of construction and as specified in the attached Temporary Stormwater Pollution, Erosion, and Sediment Control Specification (Attachment A).

B. Operations:

1. Perform during maintenance period to include:

a. Washouts: Repair by filling with topsoil, fertilizing, seeding, and mulching.

b. Mulch: Replace mulch that is washed or blown away. Do not mulch when wind velocities exceed 15 miles per hour.

c. Install approved tackifier or erosion control blankets where required in accordance with this section. Install erosion control blankets where surfaces covered in tackifier begin to erode.

d. Reseed during next growing season if scheduled end of maintenance period falls after the seeding period.

e. Reseed failing area if satisfactory stand does not develop.

f. Mowing: Mow to 6 inches should competing weed growth exceed 10 inches, or as determined by Construction Manager.

g. Control non‐noxious weeds either by mowing or in the second growing season by using a Colorado Weed Management Guide approved herbicide. No herbicide use will be allowed during the first growing season. Control noxious weeds in accordance with the attached Temporary Weed Control Specification (Attachment C).

h. Protect permanent seeding and planting of disturbed areas from grazing and trampling until a satisfactory stand is produced.

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C. Maintenance Service Agreement: Provide for period of 2 years from completion of initial seeding activities. UTILITIES will coordinate with landowners for access to properties after temporary construction easements have expired.

PART 2 PRODUCTS

2.01 PERMANENT SEED

A. Provide the native shortgrass seed mix for permanent revegetation of upland areas in accordance with the Table 1 below.

1. Use only 100 percent certified weed free seed with named variety, unless otherwise approved by CONSTRUCTION MANAGER.

2. Use locally or regionally available seed when practicable.

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Table 1. Seed Mix for Upland Plants Lbs Pure Live Upland Sites Seed Common Name Mix %* (PLS)/Acre** Scientific Name

Bouteloua gracilis Blue grama – Bad River 15 0.5

Bouteloua gracilis Blue grama ‐ Alma 15 0.5

Bouteloua gracilis Blue grama ‐ Hachita 15 0.5

Bouteloua curtipendula Sideoats grama ‐ Vaughn 15 2.1

Elymus trachycaulus Slender wheatgrass – San 5 0.8 Luis

Hilaria (Pleuraphis) jamesii Galleta ‐ Viva 10 1.6

Pascopyrum smithii Western wheatgrass ‐ Arriba 20 5.1

Sporobolus cryptandrus Sand dropseed ‐ VNS 5 0.02

TOTAL 100 11.22

** Mix percent based on seed number

**Seeding rate is for drill seeding. If the seed is broadcast, double the rates shown.

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B. Provide the native shortgrass seed mix for permanent revegetation of low land areas in accordance with the Table 2 below.

1. Use only 100 percent certified weed free seed with named variety, unless otherwise approved by CONSTRUCTION MANAGER.

2. Use locally or regionally available seed when practicable.

Table 2. Seed Mix for Low Land Plants Lbs Pure Live LowLand Sites Seed Common Name Mix %* (PLS)/Acre** Scientific Name

Bouteloua gracilis Blue grama - Alma 25 0.8

Bouteloua gracilis Blue grama - Lovington 25 0.8

Elymus trachycaulus Slender wheatgrass –San Luis 10 1.6

Panicum obtusum Vine mesquite – VNS*** 5 0.7

Pascopyrum smithii Western wheatgrass - Arriba 15 3.6

Sporobolus airoides Alkali sacaton - Salado 20 0.3

TOTAL 100 7.8

* Mix percent based on seed number

**Seeding rate is for drill seeding. If the seed is broadcast, double the rates shown.

*** Should vine mesquite be unavailable, delete from mix, leaving all other species and amounts the same.

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2.02 FERTILIZER

A. Only approved fertilizer will be used. Any fertilizer applied will be commercial, chemical type, uniform in composition, free‐flowing, conforming to state and federal laws, and suitable for application with equipment designed for that purpose by trained personnel.

2.03 MULCH

A. Use only 100 percent certified weed free mulch. Use locally or regionally available mulch when practicable.

B. Wood Fiber Mulch:

1. Specially processed virgin wood fiber containing no growth or germination inhibiting factors.

2. Dyed a suitable color to facilitate inspection of material placement.

3. Manufactured such that after addition and agitation in slurry tanks with water, the material fibers will become uniformly suspended to form homogeneous slurry.

4. When hydraulically sprayed on ground, material will allow absorption and percolation of moisture.

5. Application Rate: 3,000 lb/ac with guar‐based tackfier (see 2.06)

C. Warm Season Tall Grass Hay:

1. Cured hay of warm season tall grass, certified to be free from seed of noxious weeds.

2. Minimum Stem Length: 6inches with at least half the material being 12 inches or longer. Do not use fine materials.

3. Seasoned (fully dried) before baling or loading.

4. Applied at a rate of 2.0 tons/acre with guar‐based tackifier or as approved by the CONSTRUCTION MANAGER.

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2.04 EROSION CONTROL BLANKETS AND LOGS

A. Material:

1. Excelsior, straw or jute; anchorages as recommended by manufacturer.

2. Bio‐degradable (cotton mesh) netting for straw or excelsior mat. No plastic net will be acceptable.

2.05 TRACER

A. Tracer: Soluble, colored, marking solution suitable for hydraulic seeding operations.

2.06 TACKIFIER

A. Guar‐based tackifier containing no growth or germination‐inhibiting materials.

1. Capable of hydrating in water, and to readily blend with other slurry materials.

2. Wood Cellulose Fiber: Add as tracer.

3. Manufacturers and Products:

a. Rantec; Super Tack

b. Or approved equal

4. Apply at 80 lbs/ac with wood fiber mulch (see 2.03 b).

PART 3 EXECUTION

3.01 GENERAL

A. Coordinate Work with CONSTRUCTION MANAGER and GENERAL CONTRACTOR.

B. Minimize the area of disturbance and limit the time bare soil is exposed.

3.02 SEEDBED PREPARATION

A. Grade areas evenly in preparation for mechanical or (in steep areas) broadcast seeding.

1. Limit such Work to areas to be seeded within 5 days.

2. During surface preparation, remove debris and stones larger than 1‐1/2 inches in maximum diameter and other objects that may interfere with seeding and maintenance operations.

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3. Roll and rake, remove ridges, and fill depressions to meet finish grades.

B. Restore grade to pre‐construction conditions of shape and steepness before seeding; blend edges of restored grading into natural conditions.

C. Do not spread noxious weeds during construction.

D. Areas to be broadcast seeded will be left moderately roughened to best accept broadcast seed.

E. Soil compaction will not exceed 85 standard Proctor in the upper six inches. Excessively compacted areas with be ripped or chiseled as needed, followed by additional work, for example using discs or cultipackers, to produce a seedbed that is neither excessive compacted nor excessively loose. Avoid pulverizing seedbeds with excessive use of discs.

3.03 FERTILIZER

A. Fertilizer will only be allowed with prior approval by the CONSTRUCTION MANAGER. Prior to such approval, at a minimum, soil test results from a reputable soil testing laboratory will be obtained for available nitrate nitrogen, phosphorous and soil organic matter. Nitrate nitrogen shall be less than 6 ppm, and only slow‐release nitrogen fertilizer will be approved by CONSTRUCTION MANAGER. If available phosphorous is less that 3 ppm application of 30 lb per acre of P2O5 may be necessary.

B. Apply evenly over area to be planted in accordance with manufacturer’s recommendations and incorporate into the top six inches.

C. No fertilizer use will be allowed in the Rocky Mountain Bladderpod (RMB) zones. RMB zones are indicated on the Environmental Constraints Map.

3.04 PERMANENT SEEDING

A. Do not seed when the soil surface is frozen or excessively wet as determined by CONSTRUCTION MANAGER.

B. For areas less steep than 3H: 1V mechanical seeding as specified below will be used; for areas with slopes steeper than 3H: 1V, broadcast methods may be used.

C. Mechanical: Drill seed in two different directions.

1. Sow seed at uniform rate as specified in the applicable table above.

2. Use grass type seeder for drilling. Furrow spacing will not exceed 8 inches.

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3. Seed drills will be equipped with three (3) seed boxes to accommodate fluffy, large smooth and small smooth seed.

4. Adequate depth control is required on all seed drills.

D. Broadcast: Roughen surface by raking or with an English harrow prior to broadcast. Rates of seeding shown in tables below will be doubled for broadcast seeding. Harrow or rake broadcasted seed into the soil immediately following seeding.

E. Hydraulic: Hydraulic seeding will not be allowed.

3.05 MULCHING

A. Apply mulch material uniformly over the soil.

B. Anchor loose mulch immediately after spreading.

C. For slopes steeper than 3H: 1V, using erosion control blankets, anchor as specified in Attachment A.

D. For slopes less steep than 3H: 1V, warm season tall grass hay mulch may be anchored by crimping into the ground using a crimper prior to the mandatory application of tackfier. Do not use a disc plow or sever the mulch while crimping.

E. Do not mulch when wind velocities exceed 15 miles per hour or in areas with concentrated runoff flow.

3.06 MECHANICALLY APPLIED MATERIALS

A. Mechanically Applied Materials: Seed, Approved fertilizer, or Mulch applied with the use of mechanical equipment.

3.07 BROADCAST APPLIED MATERIALS

A. Broadcast Applied Materials: Seed, fertilizer, mulch, or tackifier applied by hand or by use of cyclonic spreaders.

3.08 FIELD QUALITY CONTROL

A. Seed drills will be field calibrated to document that seed will be applied at the specified rates. Written documentation of the calibration will be submitted to CONSTRUCTION MANAGER. Seed bag tags will be collected and submitted to CONSTRUCTION MANAGER to document that approved seed mixes and amounts were sown.

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B. At the end of the growing season in the year following completion of initial seeding activities of the Work, and on written notice from CONTRACTOR, CONSTRUCTION MANAGER will, within 15 days of receipt, determine if a Satisfactory Stand has been established. If a Satisfactory Stand has not been established, reseed as necessary.

C. At the end of the growing season in the second year following completion of initial seeding activities, and on written notice from CONTRACTOR, CONSTRUCTION MANAGER will within 15 days of receipt, determine if a satisfactory stand has been established, reseed as necessary.

3.09 RESEED AND REPAIR

A. Restore and reseed eroded areas and areas lacking a satisfactory stand of grasses at the end of 12 and 24 months following the date of initial seeding as determined by UTILITIES. Re‐seed and repair during the earliest seeding season.

3.10 SITE RESTORATION AND CLEANUP

A. Areas disturbed during construction are required to be restored to preconstruction grades and condition without any new enclosed depressions, unless otherwise shown on Drawings. Restore finished surface to free‐draining condition and free from holes, ruts, rough spots, or other surface features detrimental to the road shoulder and borrow ditch areas.

B. Keep the construction areas clean and orderly during Work. On completion of the Work, repair damage caused by equipment. Leave the project site free of debris or excess material.

C. Clean spilled dirt, gravel, or other foreign material in public rights‐of‐way caused by CONTRACTOR operations at the conclusion of each day’s operation.

D. Coordinate with CONSTRUCTION MANAGER regarding sequencing and scheduling for removal of BMPs and other work limit fencing at the completion of the scope of work under this Specification.

1. Notify CONSTRUCTION MANAGER at least 5 working days in advance of proposed BMP and/or work limit fencing removal.

2. CONTRACTOR will be responsible for disposal of removed materials.

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3.11 SPECIAL GUARANTEE AND BOND

A. Guarantee results of the permanent revegetation from the date of completion of initial seeding activities until the end of the second year and/or growing season (whichever is greater) for Final Completion. Post a bond for the guarantee period payable to UTILITIES in the amount of $2,000.00 per acre of land revegetated.

B. If a Satisfactory Stand has not been established by the end of the second year and/or growing season (whichever is greater), the bond will be forfeited to UTILITIES in the amount of $2,000.00 per acre for each acre and fraction of acre that does not meet the definition of Satisfactory Stand.

C. The entire area to be impacted for this portion of the project is estimated at approximately 103 acres. This includes any potential construction or staging areas outside of the work area.

END OF SECTION

Attachments:

Attachment A – Temporary Stormwater Pollution, Erosion, and Sediment Control

Attachment B – Temporary Environmental Controls

Attachment C – Temporary Weed Control

Attachment D – Geotextile

Attachment E – Soil Preparation (General Contractor)

Attachment F – Permits

Attachment G – Unit Price Measurement and Payment

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ATTACHMENT A TEMPORARY STORMWATER POLLUTION, EROSION, AND SEDIMENT CONTROL SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE ‐ ‐

PART 1 GENERAL

1.01 WORK OF THIS SECTION

A. This section covers measures necessary for the control of stormwater erosion and sediment pollution due to revegetation construction activities.

B. This section covers work necessary for temporary stabilization of soil to control erosion during and after construction and land disturbing activities. This work includes furnishing of labor, materials, tools, and equipment to perform the work and services necessary as herein specified and as indicated on the Drawings. This work includes installation, maintenance, and final removal of temporary soil erosion and sediment control measures as appropriate.

C. The minimum areas requiring soil erosion and sediment control measures will be indicated on the Project Drawings. CONSTRUCTION MANAGER reserves the right to modify the use, location, and quantities of soil erosion and sediment control measures based on activities of the CONTRACTOR and as the CONSTRUCTION MANAGER considers to be in the best interest of UTILITIES.

D. See additional information noted on the Drawings and permits.

1.02 REFERENCES

A. Documents for the Construction of the Southern Delivery System Raw Water Pipeline ‐ ‐ Specification and Drawings

B. Southern Delivery System, Raw Water Pipeline ‐ ‐ , Work Area Revegetation Specification

C. Stormwater Management Plan, Southern Delivery System, Raw Water Pipeline Section ‐ ‐

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐1

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

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D. Southern Delivery System, Raw Water Pipeline ‐ ‐ , Temporary Environmental Controls Specification

E. Southern Delivery System, Raw Water Pipeline ‐ ‐ , Geotextile Specification

1.03 SUBMITTALS

A. Informational Submittals:

1. Certificates of inspection of seed by state or federal authorities. 2. Certificates of weed‐free mulch. 3. Copies of delivery invoices or other proof of quantities of fertilizer. 4. Manufacturer’s certificate of compliance attesting that erosion and sediment control products meet requirements of these Specifications.

1.04 GENERAL

A. Maintain the Stormwater Management Plan (SWMP) booklet onsite at all times. The SWMP booklet shall contain the following:

1. The SWMP prepared by UTILITIES (to be maintained and revised as needed by CONTRACTOR). 2. A copy of the Colorado Discharge Permit System (CDPS) Construction Stormwater Discharge permit certification obtained by CONTRACTOR. 3. Copies of inspection records. 4. Sign‐in sheets for training provided. 5. Qualifications of the site inspectors.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐2

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

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B. Provide qualified individuals to conduct site inspections to the satisfaction of the CONSTRUCTION MANAGER.

C. Provide material, labor, equipment and services required to implement, maintain and monitor erosion and sedimentation controls in compliance with the SWMP and implemented Best Management Practices (BMPs). Controls implemented shall comply with State and Local regulations. These controls shall remain in operation until project completion and permanent stabilization of the site is achieved.

D. Soil erosion stabilization and sedimentation control consist of the following elements:

1. Maintenance of existing permanent or erosion control facilities (such as silt fences, check dams, etc.), as necessary. 2. Construction of new permanent and temporary control facilities, as necessary. 3. Application of mulch and approved tackifier.

E. Phase Work, including proposed stockpile areas, to restrict sediment transport. This will include installation of required temporary erosion control devices, ditches, or other facilities.

F. The areas identified for the CONTRACTOR’s use during the Project may be temporarily developed to provide satisfactory working, staging, and administrative areas. Prepare these areas in accordance with other requirements contained within these Specifications and in a manner to prevent sediment transport away from the area.

G. Prevent the transport of sediment away from the stockpile by installing silt fences, erosion bales, earthen berms, or similar measures that completely surround the stockpiles and are located within 10 feet of the toes of the stockpile slopes. Keep these temporary facilities in operational condition by regular cleaning, regrading, and maintenance. Stockpiles remaining in place longer than 14 days will be considered permanent stockpiles for purposes of erosion and sediment control. Stabilize by mulching within 14 days of the construction of the stockpile.

H. Maintain erosion and sediment control measures in functional conditions for the duration of this Project. Conduct formal inspections every 2 weeks and immediately after a storm event to evaluate conformance to the requirements of these Specifications. Include results of these inspections, and a summary of corrective

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ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

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actions, in the daily reports. Additional inspections may be conducted by the CONSTRUCTION MANAGER. Take measures within 24 hours of the inspection to repair or replace any damaged areas found during the inspection. Inspection forms shall be kept on site with the SWMP.

I. Replace or repair failed or overloaded (defined as 50 percent of sediment capture capacity) silt fences, check dams, or other temporary erosion control devices as needed, but not later than 24 hours after receiving written notice from the CONSTRUCTION MANAGER.

J. Temporary BMPs to be removed after final stabilization as approved by the CONSTRUCTION MANAGER.

K. Prepare, submit and implement a Fugitive Dust Control Plan per the attached Temporary Environmental Controls Specification (Attachment B).

L. If compliance with any required erosion and sediment efforts to the satisfaction of the CONSTRUCTION MANAGER has not occurred within 24 hours after receiving written notification from the CONSTRUCTION MANAGER, CONSTRUCTION MANAGER will have the prerogative of engaging others to perform any needed maintenance or cleanup, including removal of accumulated sediment at constructed erosion control facilities, and deduct from the CONTRACTOR’s monthly partial payment the costs for such efforts plus a $500 administration fee.

1.05 QUALITY ASSURANCE

A. Implement all permanent and temporary Site controls according to state and local regulatory requirements.

B. Inspect all BMPs at regular intervals as specified in the SWMP for this project. Use standard inspection forms for each inspection. Record deficiencies of site controls, and take immediate action to correct deficiencies recorded. Keep records of inspections current and on site, available for review.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐4

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

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PART 2 PRODUCTS

2.01 DELIVERY, STORAGE, AND PROTECTION

A. Seed:

1. Furnish in standard containers with seed name, lot number, net weight, percentages of purity, germination, and hard seed and maximum weed seed content, clearly marked for each container of seed. 2. Keep dry during storage.

B. Other Materials:

1. Furnish in standard packaging. 2. Keep dry during storage.

2.02 SEED

A. In accordance with Section 2.01 (Permanent Seed) in the Work Area Revegetation Specification.

2.03 FERTILIZER

A. Only approved fertilizer will be used. Any fertilizer applied will be commercial, chemical type, uniform in composition, free‐flowing, conforming to state and federal laws, and suitable for application with equipment designed for that purpose by trained personnel.

2.04 WARM SEASON TALLGRASS HAY MULCH

A. Use only 100 percent certified weed free mulch. Locally or regionally produced mulch shall be used when practicable.

B. Warm season tallgrass hay, free from seed of noxious weeds,

C. Minimum Stem Length: 6 inches with at least half the material being 10 inches or longer. Do not use fine materials.

D. Seasoned (fully dry) before baling or loading.

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ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

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2.05 WOOD FIBER MULCH

A. Use only 100 percent certified weed free mulch. Locally or regionally produced mulch shall be used when practicable.

B. Material:

1. Specially processed wood fiber containing no growth or germination inhibiting factors. 2. Dyed a suitable color to facilitate inspection of material placement. 3. Manufactured such that after addition and agitation in slurry tanks with water, the material fibers will become uniformly suspended to form homogeneous slurry. 4. When hydraulically sprayed on ground, material will allow absorption and percolation of moisture.

5. Applied at 3,000 lb/acre with 80 lb/ac guar‐based tackfier.

2.06 TACKIFIER

A. Derived from natural organic plant sources containing no growth or germination inhibiting materials.

1. Capable of hydrating in water, and to readily blend with other slurry materials. 2. Wood Cellulose Fiber: Add as tracer. 3. Manufacturers and Guar‐based Products: a. “Super Tack” b. Or approved equal.

4. Applied at 80 lb/acre or as directed by Supplier

2.07 EROSION CONTROL BLANKET AND LOGS

A. Material:

1. Excelsior or straw; anchorages as recommended by manufacturer. 2. Bio‐degradable material so that it will naturally degrade and deteriorate in its entirety.

3. Jute mat in areas where surface irregularities prevent use of other mats.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐6

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

24 of 58 SOQ-KR-93632 Attachment -3 00000020200

4. Mat backing material shall be biodegradable cotton and not environmentally persistent plastic material.

2.08 SILT FENCE

A. Woven or non‐woven geotextile material in accordance with the attached Geotextile Specification (Attachment D).

2.09 STRAW BALES

A. Machine baled clean salt hay or straw of wheat or barley, free from seed of noxious weeds, using standard baling wire or string.

B. Posts for Anchoring Straw Bales: 2‐inch by 2‐inch untreated wood or commercially manufactured metal posts.

2.10 ROCK SOCKS

A. Furnish reinforced rock berms that consist of one continuous piece or constructed using wire wrapped joints.

B. Furnish with 1‐inch chicken wire, double wrapped and made from a minimum of 10‐gauge wire.

C. Use rock approximately 1.5‐inch in size with fractured faces.

D. Reinforced rock berm diameter to be minimum 10 inches in diameter.

2.11 ROCK CHECK DAM

A. Space dams such that toe of upstream dam is the same elevation as the top of the downstream dam.

B. Excavate below flowline and line with standard erosion control geotextile.

C. Stone will be riprap with a median stone size D50=12".

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐7

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

25 of 58 SOQ-KR-93632 Attachment -3 00000020200

PART 3 EXECUTION

3.01 GENERAL

A. Comply with the SWMP. Modify the SWMP as required to address changing site conditions during construction.

B. Minimize the area of disturbance to defined Work Limits and limit the time bare soil is exposed.

C. Install erosion and sediment control measures as shown on the Drawings and in conformance to permit requirements. Additional measures may be required. Maintain erosion and sediment control measures throughout duration of the Work.

D. Do not affect land outside of the work limits with sediment releases resulting from the Work.

E. In areas where work is complete and no additional construction traffic is expected, limit access to allow for vegetative establishment.

3.02 SILT FENCE

A. Install and maintain silt fence in accordance with requirements herein and as shown on the Drawings.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐8

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

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3.03 MULCH

A. Application: Apply at rates indicated in Section 2.0 above. Sufficiently loose to permit penetration of sunlight and air circulation, and sufficiently dense to shade ground, reduce evaporation rate, and prevent or materially reduce erosion of underlying soil.

3.04 TACKIFIER

A. Guar‐based tackifier containing no growth or germination inhibitating materials shall be used.

B. Apply on areas mulched with warm season tall grass hay at 100 lb/ac. Include tackifier in wood fiber mulch slurry at the rate of 80 lb/ac.

C. Spray on within 4 hours of warm season tall grass hay mulch application and per manufacturer’s instructions.

3.05 EROSION BLANKET

A. Use erosion blankets on slopes equal to or steeper than 3H: 1V.

B. Blankets will be placed vertically on slopes in accordance with manufacturer’s instructions. At a minimum, blankets will be placed with 4 inch side lap and 10 inch end lap. At the edge of blanket application, blanket material will be keyed into the soil surface 6 inches deep.

3.06 STRAW BALES

A. Embed minimum of 4 inches in flat‐bottomed trench.

B. Place with ends tightly abutting or overlapped. Corner abutment is not acceptable.

C. Install so that bale bindings are oriented around the sides and not over the top and bottom of the bale.

D. Use two posts for each bale. Drive posts through the bale until top of post is flush with top of bale.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐9

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

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3.07 EQUIPMENT REFUELING, CLEANING, MAINTENANCE

A. Take measures to prevent spills. These measures may include the placement of a temporary berm around the fueling, cleaning, and maintenance areas and placement of drip pans and/or mats under valves, tank openings, and vehicle engines undergoing maintenance. Maintain an adequate supply of absorbents during fueling and maintenance. Remove vehicles and equipment that are leaking fluids from the construction site. Clean up spills immediately and properly dispose of spilled materials/absorbents offsite. Notify CONSTRUCTION MANAGER of spills.

3.08 TRASH DISPOSAL

A. Store trash generated onsite in covered bins or dumpsters. Dispose of trash offsite at a designated facility. Keep dumpsters at least 500 feet from waterways.

3.09 PORTABLE TOILETS

A. Place portable toilets throughout the construction areas as needed. Empty by a waste contractor and transport and dispose of waste offsite at a designated facility. Keep toilets at least 500 feet from waterways.

3.10 STORAGE—GENERAL

A. Store storage containers, drums, and bags away from traffic to prevent accidental spills. Keep covers on drums to reduce build‐up of precipitation. Store containers of fluids on pallets or other similar structures to prevent contact between the drum and the ground surface.

B. Appropriately label containers to show the name, type of substance, health hazards, and other appropriate information. Store in a covered structure where possible to minimize exposure to precipitation. Place signs and placards at the appropriate locations to inform construction personnel of material storage areas, other designated areas, and potential hazards.

3.11 STORAGE—CHEMICALS, HERBICIDES, FERTILIZERS

A. If chemicals, herbicides, and/or fertilizers are stored onsite, store a minimum of 500 feet away from the flow line of any channel. Store these materials in a covered building or other structure, when possible, to minimize the exposure to precipitation and the potential for contamination of stormwater.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐10

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

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3.12 VEHICLE LOADING AND UNLOADING

A. Monitor loading and unloading of equipment and materials to ensure that spilled material is cleaned up as soon as possible to avoid transport offsite by stormwater.

3.13 EMPLOYEE TRAINING

A. Conduct periodic meetings for construction personnel to familiarize employees with the SWMP and to discuss day‐to‐day erosion and sediment control practices. Employees need to be aware of potential pollutant sources, BMP performance and maintenance, and spill response.

3.14 CHANGES TO SWMP

A. Changes and updates to the SWMP can be handwritten on the appropriate page(s). Include a log of updates to the SWMP at substantial completion.

3.15 CONTROL OF SURFACE WATER

A. Control surface water in accordance with the requirements of the CDPHE Construction Stormwater permit and SWMP.

B. Keep ditches, culverts, and natural drainages continuously free of construction materials and debris. Do not store equipment, materials, debris, fuel or lubricants or stockpiles in any drainage area.

3.16 WATER POLLUTION CONTROL

A. Protect the Work and temporary facilities from damage to flooding, runoff, surface water flows, and related subsurface flows until final Project closeout.

B. Divert sanitary sewage and non‐storm waste flow interfering with construction area and requiring diversion to sanitary sewers. Do not cause or permit action to occur which would cause an overflow or spill.

C. Implement sampling programs for water discharged from the Site in accordance with any permit conditions.

END OF SECTION

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐11

ATTACHMENT A TEMPORARY STORMWATER POLLUTION,

EROSION, AND SEDIMENT CONTROL

29 of 58 SOQ-KR-93632 Attachment -3

ATTACHMENT B TEMPORARY ENVIRONMENTAL CONTROLS SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE ‐ ‐

PART 1 GENERAL

1.01 GENERAL REQUIREMENTS

A. Known environmentally sensitive sites, excluding cultural resources, will be identified by UTILITIES and shown on an Environmental Constraints Map to be provided by the CONSTRUCTION MANAGER. UTILITIES will update and revise the Environmental Constraints Map as additional sites are identified, if any. Stake, flag, place barriers, schedule construction activities, etc. as defined on the Environmental Constraints Map.

B. CONTRACTOR‐initiated changes to the approved schedule may require a change in the schedule of any environmental clearance operations required by Utilities Environmental Specialist (UES). Delays or limitations of CONTRACTOR’s work caused by CONTRACTOR‐initiated changes to the approved schedule, and resulting changes in sequencing of environmental clearance activities, will not be considered a delay or cause for a change.

C. Comply with regulations pertaining to handling, storage, and transportation of hazardous materials as set forth in the Code of Federal Regulations (CFR) 1910.120, DOT, EPA and NRC regulations, as applicable. Compliance includes, but is not limited to, adhering to proper storage containers, secondary containment, access control, security, signage, labeling, placarding, transporting, manifesting, and disposal.

D. Implement a program to recognize suspected or unanticipated hazardous substances encountered during construction, and implement worker protection and public safety measures in the event that these substances are encountered in compliance with Federal, State and Local regulations prior to mobilizing onsite for Project Work.

1.02 SUBMITTALS

A. Fugitive Dust Control Plan: Prepare, submit, and implement, prior to start of any construction activity, a plan that will include, as a minimum:

1. Watering construction areas and unpaved roads used in construction activities. 2. Limiting vehicle speeds to 30 mph onsite. 3. Covering excavated material with synthetic or natural cover or preventing sediment movement from the work areas using silt fence. 4. Installing vehicle tracking control at access points to the Site. 5. Stabilizing disturbed areas as soon as possible. 6. Sweeping roadways, streets, and walkways affected by the work and adjacent to the work when necessary to remove construction‐related dirt and dust.

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7. Additional controls as necessary to meet the requirements of Dust Control below.

B. Spill Prevention, Control, and Countermeasures (SPCC) Plan: If required by 40 CFR Part 112 – Oil Pollution Prevention (for oil stored on site in combined quantities of 1,320 gallons or greater contained in storage tanks and other containers with capacities of 55 gallons or more), prepare and implement a SPCC Plan that meets the requirements of 40 CFR Part 112– Oil Pollution Prevention, including procedures, instructions, and reports to be used in the event of a spill or release of oil or a hazardous or regulated substance by the CONTRACTOR.

C. Spill Contingency Plan: If an SPCC Plan is not required, prepare and implement a general spill contingency and response plan, including procedures, instructions, and reports to be used in the event of a spill or release of oil or a hazardous or regulated substance by the CONTRACTOR.

D. Environmental Constraints Map: Submit a Work Area Plan. The Work Area Plan will show the proposed activities in each portion of the area, identify the areas of limited and/or prohibited use, describe the anticipated schedule for said work, and include measures for marking the construction work limits and methods for protection of features to be preserved or avoided.

1.03 ENVIRONMENTAL PROTECTION REQUIREMENTS

A. Provide regulatory notification requirements in accordance with federal, state and local regulations. In cases where UTILITIES must also provide regulatory notification, coordinate with the UEM. Submit copies of regulatory notifications to the CONSTRUCTION MANAGER prior to commencement of work activities.

B. Waters of the U.S., Including Wetlands – Best Management Practices and Construction Specifications:

1. If Water of the U.S. or wetlands are shown on the Environmental Constraints Map or identified in the field, follow the requirements of the Individual 404 Permit for the project. A copy of the Individual 404 permit and the Nationwide Permit 12 fact sheets are supplied in the Permits Supplement to be provided by the CONSTRUCTION MANAGER. 2. Install, maintain, and/or remove at completion of construction silt and/or construction fencing along edges of jurisdictional wetlands and Waters of the U.S. as directed by the UEM. 3. Post signs along wetland barrier fencing at 50 foot spacing that read, “This area is environmentally sensitive; no construction or other operations may occur beyond the fencing.” These signs must be readable from a minimum distance of 20 feet. Maintain for the duration of construction in that area.

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C. Threatened and Endangered Species and Species of Concern:

1. Take precautions necessary and prudent to protect native threatened and endangered flora and fauna or species of concern in accordance with the federal, state, and local regulations and SDS Project permits. 2. Stake, flag, place barriers, schedule construction activities, etc. as defined on the Environmental Constraints Map. Areas known as habitats of endangered species or species of concern will be identified on the Environmental Constraints Map to be provided by the CONSTRUCTION MANAGER. 3. Notify CONSTRUCTION MANAGER of construction activities that might threaten endangered or threatened species, species of concern or their habitats that are not identified on the Environmental Constraints Map in the Drawings. Implement the notification procedures outlined in the Suspected Threatened and Endangered Species or Species of Concern Encountered by Construction Contractor provided in Appendix A of this Specification. CONSTRUCTION MANAGER will coordinate with UEM to determine the appropriate mitigation, avoidance or temporary controls to be used. Implement the mitigation, avoidance or temporary controls as directed by the CONSTRUCTION MANAGER prior to the continuance of construction activities in the area. 4. Delays and/or limitations of CONTRACTOR’s work and additional costs resulting from CONTRACTOR’s inability to perform revegetation construction activities due to threats to threatened and endangered species or species of concern that are not identified on the Environmental Constraints Map shall be considered a differing site condition. 5. Delays and/or limitations of CONTRACTOR’s work and additional costs resulting from CONTRACTOR’s inability to perform construction activities, except the specific activities as described below, within the buffer zones shown on the Environmental Constraints Map during the allowed period will not be considered a differing site condition.

D. Cultural Resources:

1. A Class III Cultural Resource Survey has been performed by UTILITIES’ and accepted by the State Historic Preservation Officer (SHPO). For work near known, protected cultural resources, UTILITIES will provide a Cultural Monitor to observe construction work in the area for the duration of construction activities in this area, as necessary following an approved Treatment Plan. 2. As part of the NEPA process, UTILITIES entered into a Programmatic Agreement (PA) with Bureau of Reclamation, State Historic Preservation Officer (SHPO) and a number of tribal nations to address potential impacts to cultural resources In the event potential cultural resources are discovered at the Site, implement the procedures as contained in the Programmatic Agreement to be provided by the CONSTRUCTION MANAGER and as shown on the Unanticipated Historic/Cultural Resource Encountered or Disturbed by Construction Contractor workflow attached in Appendix A of this Specification.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐3 ATTACHMENT B TEMPORARY ENVIRONMANTAL CONTROLS 32 of 58 SOQ-KR-93632 Attachment -3

a. Delays to CONTRACTOR’s critical path schedule caused by encountering cultural resources that were not made known to the CONTRACTOR at time of Bid will be considered a differing site condition. b. No known cultural resources have been identified in the Project Work Limits for this work package.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.01 ENVIRONMENTAL AWARENESS TRAINING PROGRAM

A. Conduct an Environmental Awareness Training Program for CONTRACTOR’s, subcontractors’ and suppliers’ site employees based on UTILITIES provided content and materials and CONTRACTOR’s policies and procedures.

B. Maintain originals of sign‐in sheets of attendees as proof of participation in program.

3.02 ACCESS

A. Access and Transportation Restrictions On‐Site: Restrict access within the Site within the construction work limits identified on the Project Drawings. Do not permit driving across or transporting equipment or materials across areas outside of the construction work limits on the Drawings. Verify proposed access routes with the CONSTRUCTION MANAGER and UEM at least 30 days prior to the commencement of Work.

3.03 DUST CONTROL

A. Obtain Colorado Department of Public Health and Environment’s Air Pollution Emission Notice (APEN) and General Construction Permit.

B. Comply with dust control requirements in the Colorado Department of Public Health and Environment’s APEN and the Fugitive Dust Control Plan as specified in Paragraph 1.02.A of this Specification.

C. Conduct operations of dumping rock or soil and of carrying rock or soil away in trucks to cause a minimum of dust. Cover loads of rock or soil to cause a minimum of dust. Give unpaved streets, roads, detours, or haul roads used in revegetation construction area a dust‐preventive treatment, as site conditions allow, or periodically water to prevent dust. Strictly adhere to applicable environmental regulations for dust prevention. Other controls may be used as necessary and approved by the CONSTRUCTION MANAGER.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐4 ATTACHMENT B TEMPORARY ENVIRONMANTAL CONTROLS 33 of 58 SOQ-KR-93632 Attachment -3

D. Control fugitive dust emissions resulting from work activities and/or wind using the best available control technology, as defined by the Colorado Department of Public Health and Environment, at the time of work. During grading, applying a combination of water, approved tackifier and silt fence to break up wind surface velocities may control dust. If wind speeds exceed the ability of BMPs to control fugitive dust, work activities must cease.

E. UTILITIES will perform particulate monitoring.

1. Particulate monitors will be real time that are capable of monitoring particulate matter less than 10 microns (PM10). 2. Particulate levels will be monitored immediately downwind at the working site and integrated over a period not to exceed 15 minutes. 3. Monitoring will be conducted a minimum of once per active working day, with additional testing conducted if complaints are received. 4. Action levels. a. The action level is 150 micrograms per cubic meter over the integrated period not to exceed 15 minutes. If particulate levels are detected in excess of 150 micrograms per cubic meter, the upwind background level will be measured immediately using the same portable meter. b. If the working site particulate measurement is greater than 100 micrograms per cubic meter above the background level, implement additional dust suppression techniques to reduce the generation of fugitive dust.

3.04 EROSION AND SEDIMENT CONTROL

A. Follow the requirements of the attached Temporary Stormwater Pollution, Erosion and Sediment Control Specification (Attachment A).

3.05 RUBBISH CONTROL

A. During the progress of the work, keep the Site in a neat and clean condition and free from accumulation of rubbish. Dispose of rubbish and waste materials and establish regular intervals of collection and disposal of such materials and waste.

B. Keep haul roads free from dirt, rubbish, and unnecessary obstructions resulting from CONTRACTOR operations. Dispose of rubbish and surplus materials off the Site in accordance with local codes and ordinances governing locations and methods of disposal and in conformance with applicable safety laws and the particular requirements of Part 1926 of the OSHA Safety and Health Standards for Construction.

3.06 CHEMICALS

A. Show approval of chemicals used on the Work, whether pesticide, disinfectant, polymer, reactant, tackifier, or of other classification, of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture. Use of such chemicals and disposal of residues shall be in accordance with the printed instructions of the manufacturer.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐5 ATTACHMENT B TEMPORARY ENVIRONMANTAL CONTROLS 34 of 58 SOQ-KR-93632 Attachment -3

B. Unless outlined in the attached Temporary Weed Control Specification (Attachment C), do not use defoliants, soil sterilants, or herbicides except with the written approval of UTILITIES.

3.07 AIR POLLUTION CONTROL

A. Minimize air pollution from construction operations.

B. Ensure construction equipment has a passing emission test for Colorado opacity standards from an approved facility prior to use on the Site. Retest equipment used on the project on an annual basis for each year the equipment is used on the project. Submit certificates for each item of construction equipment to the CONSTRUCTION MANAGER.

C. Burning of waste materials, rubbish, or other debris will not be permitted on or adjacent to Site.

D. Use Best Available Control Technology on construction equipment, including a timing retardation.

3.08 NOISE CONTROL

A. Comply with OSHA, State of Colorado, and local noise control standards, requirements, and regulations.

B. Provide acoustical barriers to noise emanating from tools or equipment so that legal noise levels are not exceeded as defined by local noise control ordinances.

C. UTILITIES will measure baseline noise conditions prior to commencing pipeline construction work to be performed by the General Pipeline Construction Contractor. The baseline shall be the average noise reading over three 24‐hour periods at each receptor lot‐line location or at 1‐mile intervals, whichever is greater.

D. UTILITIES will periodically monitor generated sound levels and record decibel levels. If noise levels exceed appropriate standards, cease construction operations and implement additional noise mitigation measures as required to comply with appropriate standards.

E. Perform excessively high decibel level work, characterized as a decibel scale of 100 or greater measure at 25 feet from the source, only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday

3.09 SUPPLEMENTS

A. The supplements listed below, following “End of Section,” are part of this Specification.

1. Appendix A, Southern Delivery System Workflows: a. Hazardous Substance Encountered by Construction Contractor.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐6 ATTACHMENT B TEMPORARY ENVIRONMANTAL CONTROLS 35 of 58 SOQ-KR-93632 Attachment -3

b. Suspected Threatened or Endangered Species or Species of Concern Encountered by Construction Contractor. c. Unanticipated Historic/Cultural Resource Encountered or Disturbed by Contractor.

END OF SECTION

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐7 ATTACHMENT B TEMPORARY ENVIRONMANTAL CONTROLS 36 of 58 SOQ-KR-93632 Attachment -3 20200

ATTACHMENT C TEMPORARY WEED CONTROL SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE ‐ ‐

PART 1 GENERAL

1.01 GENERAL REQUIREMENTS

A. Comply with provisions of the “Colorado Noxious Weed Act” (CNWA), Title 35, Article 5.5.

B. UTILITIES will provide a person experienced in field identification of noxious weeds. Field identification will proceed in advance of ground‐disturbing construction activities to physically locate and map existing noxious weeds that will be disturbed during construction. Known weed location information is provided on the Environmental Constraints Map to be provided by the CONSTRUCTION MANAGER.

PART 2 PRODUCTS

2.01 HERBICIDE

A. Treatment of Salt Cedar: Garlon® 4.

B. Treatment of Canada Thistle and Russian Knapweed: Milestone®.

PART 3 EXECUTION

3.01 CONSTRUCTION

A. Adopt the following actions to prevent spread of noxious weeds during construction.

1. Pre‐Construction Cleaning: Clean major equipment (track equipment, rubber tire loaders, and backhoes) with a high pressure air or water spray before entering the Site. CONSTRUCTION MANAGER will perform and document vehicle inspections. 2. Disturbed areas should be reclaimed as soon as practicable after completion of pipeline construction and seeded with an appropriate native seed mix (certified as noxious weed‐free). In areas where pipeline construction is complete but seeding cannot immediately occur due to the time of year, the

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐1

ATTACHMENT C TEMPORARY WEED CONTROL

37 of 58 SOQ-KR-93632 Attachment -3 20200

GENERAL CONTRACTOR will stabilize the area with mulch, mulch tackifier, or other approved method for temporary erosion control until seeding can occur in accordance with the attached Soil Preparation Specification (Attachment E). Cover crops may be used if approved by CONSTRUCTION MANAGER. 3. Use certified weed‐free seed, mulch, and borrow material for revegetation. Use weed‐free straw bales for sediment barriers.

B. Adopt the following specific control methods for the following noxious weeds found within the Work Limits.

1. Salt Cedar: Cut/Stump Method – Cut trees down to as close to the ground as possible, then immediately treat with undiluted Garlon® 4 on the stump down to the soil line. Be sure to treat the entire circumference of the tree. Strictly follow the label. Do not use when snow or water prevents spraying to ground level. Trees cut shall be removed from the site and disposed of at an approved landfill. 2. Canada Thistle: a. Preconstruction activities:

1) If rosettes (vegetative stage without flowering stalk or flowers) are encountered (typically from March to the end of May and from beginning of September to end of October), carefully spray with Milestone® at a rate of 5 to 7 ounces/acre (oz/ac) and a nonionic surfactant at 0.32 oz/gallon (gal) water using a backpack sprayer. Strictly follow the label. Do not use other herbicides except with the written approval of UTILITIES.

2) If Canada thistle plants are flowering (typically between June and August), carefully cut off the flower heads, place them in a bag and dispose of the bag in a landfill or other area where the flower heads will not grow.

3) No control methods are recommended during the winter months (November through February) unless the plants are observed to be actively growing.

b. During Construction:

1) After completion of the above, strip the topsoil in the area mapped as infested with Canada thistle and store in a separate location from other topsoil stockpiles.

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐2

ATTACHMENT C TEMPORARY WEED CONTROL

38 of 58 SOQ-KR-93632 Attachment -3 20200

2) Monitor the stockpiled material for additional Canada thistle growth during the construction activities and treat as necessary in accordance with pre‐construction activities.

c. Post‐construction

1) At the completion of the construction activities in the identified area, return the managed stockpiled topsoil to the same location from where it was removed.

2) To help prevent re‐establishment of this noxious weed within the construction zone, seed with the native seed mix as soon as practicable after construction.

3) Carefully monitor the site for noxious weed infestations as described for the rest of the project area.

3. Russian Knapweed: Apply Milestone® in the fall/winter when dormant and in the spring/summer at the flowering and bud stage. Spray herbicide at a rate of 4 to 6 ounces/acre (oz/ac) and a nonionic surfactant at 0.32 oz/gal of water using a backpack sprayer. Strictly follow the label. Avoid spraying woody shrubs and trees, and take precautions to prevent spray from drifting into woody vegetation or into the Rocky Mountain Bladderpod zone.

C. Adopt the following specific control methods for other weeds found within the Work Limits.

1. For weeds other than Canada thistle and Russian knapweed that are included on the Colorado A or B list of noxious species, spot spraying with Roundup® or other herbicides used at manufacturer's recommended rates may be approved by CONSTRUCTION MANAGER. 2. Do not spray during windy conditions.

END OF SECTION

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐3

ATTACHMENT C TEMPORARY WEED CONTROL

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ATTACHMENT D GEOTEXTILE SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE ‐ ‐

PART 1 GENERAL

1.01 REFERENCES

A. The following is a list of standards that may be referenced in this section:

1. ASTM International (ASTM): a. D4355, Test Method for Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water (Xenon‐Arc Type Apparatus). b. D4491, Test Methods for Water Permeability of Geotextiles by Permittivity. c. D4533, Test Method for Trapezoid Tearing Strength of Geotextiles. d. D4595, Test Method for Tensile Properties of Geotextiles by the Wide‐Width Strip Method. e. D4632, Test Method for Breaking Load and Elongation of Geotextiles. f. D4716, Test Method for Determining the In‐Plane Flow Rate Per‐Unit‐Width and Hydraulic Transmissivity of a Geosynthetic Using Constant Head. g. D4751, Test Method for Determining Apparent Opening Size of a Geotextile. h. D4833, Test Method for Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products. i. D4884, Test Method for Strength of Sewn or Thermally Bonded Seams of Geotextiles. j. D6193, Practice for Stitches and Seams.

1.02 DEFINITIONS

A. Fabric: Geotextile, a permeable geosynthetic comprised solely of textiles.

B. Minimum Average Roll Value (MinARV): Minimum of series of average roll values representative of geotextile furnished.

C. Maximum Average Roll Value (MaxARV): Maximum of series of average roll values representative of geotextile furnished.

D. Nondestructive Sample: Sample representative of finished Work, prepared for testing without destruction of Work.

E. Overlap: Distance measured perpendicular from overlapping edge of one sheet to underlying edge of adjacent sheet.

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F. Seam Efficiency: Ratio of tensile strength across seam to strength of intact geotextile, when tested according to ASTM D4884.

1.03 SUBMITTALS

A. Action Submittals: 1. Shop Drawings: a. Manufacturer material specifications and product literature. b. Installation drawings showing geotextile sheet layout, location of seams, direction of overlap, and sewn seams. c. Description of proposed method of geotextile deployment, sewing equipment, sewing methods, and provisions for holding geotextile temporarily in place until permanently secured.

2. Samples: a. Geotextile: One‐piece, minimum 18 inches long, taken across full width of roll of each type and weight of geotextile furnished for Project. Label each with brand name and furnish documentation of lot and roll number from which each Sample was obtained. b. Securing Pin and Washer: One each.

B. Informational Submittals: Certifications from each geotextile manufacturer that furnished products have specified property values. Certified property values to be either minimum or maximum average roll values, as appropriate, for geotextiles furnished.

1.04 DELIVERY, STORAGE, AND HANDLING

A. Deliver each roll with sufficient information attached to identify it for inventory and quality control.

B. Handle products in manner that maintains undamaged condition.

C. Do not store products directly on ground. Ship and store geotextile with suitable wrapping for protection against moisture and ultraviolet exposure. Store geotextile in way that protects it from elements. If stored outdoors, elevate and protect geotextile with waterproof cover.

1.05 SCHEDULING AND SEQUENCING

A. Notify CONSTRUCTION MANAGER whenever geotextiles are to be placed. Do not place geotextile without CONSTRUCTION MANAGER’s approval of underlying materials.

PART 2 PRODUCTS

2.01 WOVEN GEOTEXTILE

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A. Composed of polymeric yarn interlaced to form planar structure with uniform weave pattern.

B. Sheet Edges: Selvaged or finished to prevent outer material from separating from sheet.

C. Physical Properties: Conform to requirements in Table No. 1

Table No. 1 Physical Property Requirements for Woven Geotextile Property Requirement Test Method Apparent Opening Size U.S. Standard Sieve Size ASTM D4751 (AOS) Water Permittivity 2 sec.‐1, MinARV ASTM D4491 (Falling Head) Ultraviolet Radiation 70 percent strength ASTM D4355 Resistance retention, MinARV after 500 hours

2.02 NONWOVEN GEOTEXTILE

A. Pervious sheet of polyester, polypropylene, or polyethylene fabricated into stable network of fibers that retain their relative position with respect to each other. Nonwoven geotextile to be composed of continuous or discontinuous (staple) fibers held together through needle‐punching, spun‐bonding, thermal‐bonding, or resin‐ bonding.

B. Geotextile Edges: Selvaged or otherwise finished to prevent outer material from pulling away from geotextile.

C. Unseamed Sheet Width: Minimum 12 feet.

D. Nominal Weight per Square Yard: 1. 12‐ounce for trench stabilization applications. 2. 16‐ounce for riprap application.

E. Physical Properties: Conform to requirements in Table No. 1 for 12‐ounce and Table No. 2 for 16‐ounce.

Table No. 1 Physical Property Requirements for Nonwoven Geotextile Property Requirement Test Method Water Permittivity 1.0 sec.‐1, MinARV ASTM D4491 (Falling Head)

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Table No. 1 Physical Property Requirements for Nonwoven Geotextile Property Requirement Test Method Transmissivity, Planar 0.5 ft2/sec., MinARV ASTM D4716 Waterflow/Siphonage Apparent Opening Size 100 U.S. Standard Sieve Size ASTM D4751 (AOS) Grab Tensile Strength, 300 lb/in, MinARV ASTM D4632 Machine Direction Grab Elongation, Machine 50 percent, MaxARV ASTM D4632 Direction Puncture Strength 175 lb, MinARV ASTM D4833 Trapezoid Tear Strength 115 lb, MinARV ASTM D4533 Ultraviolet Radiation 70 percent strength retention, ASTM D4355 Resistance MinARV after 500 hours

Table No. 2 Physical Property Requirements for Nonwoven Geotextile Property Requirement Test Method Water Permittivity 0.7 sec.‐1, MinARV ASTM D4491 (Falling Head) Transmissivity, Planar 0.5 ft2/sec., MinARV ASTM D4716 Waterflow/Siphonage Apparent Opening Size 100 U.S. Standard Sieve Size ASTM D4751 (AOS) Grab Tensile Strength, 380 lb/in, MinARV ASTM D4632 Machine Direction Grab Elongation, Machine 50 percent, MaxARV ASTM D4632 Direction Puncture Strength 240 lb, MinARV ASTM D4833 Trapezoid Tear Strength 145 lb, MinARV ASTM D4533 Ultraviolet Radiation 70 percent strength retention, ASTM D4355 Resistance MinARV after 500 hours

2.03 SEWING THREAD

A. Polypropylene, polyester, or Kevlar thread.

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B. Durability: Equal to or greater than durability of geotextile sewn.

2.04 SECURING PINS

A. Steel Rods or Bars: 1. 3/16‐inch diameter. 2. Pointed at one end. 3. With head on other end sufficiently large to retain washer. 4. Minimum Length: 12 inches.

B. Steel Washers for Securing Pins: 1. Outside Diameter: Not less than 1.5 inches. 2. Inside Diameter: 1/4‐inch. 3. Thickness: 1/8 inch. 4. “T”‐shaped pins are not permitted.

C. Steel Wire Staples: 1. U‐shaped. 2. 10 gauge. 3. Minimum Length: 8 inches with 1 inch crown.

PART 3 EXECUTION

3.01 LAYING GEOTEXTILE

A. Lay and maintain geotextile smooth and free of tension, folds, wrinkles, or creases.

3.02 SHEET ORIENTATION ON SLOPES

A. Orient geotextile with long dimension of each sheet parallel to direction of slope.

B. Geotextile may be oriented with long dimension of sheet transverse to direction of slope only if sheet width, without unsewn seams, is sufficient to cover entire slope and anchor trench and to extend at least 18 inches beyond toe of slope.

3.03 JOINTS

A. Unseamed Joints:

1. Overlapped.

2. Overlap, unless otherwise shown: a. Foundation/Subgrade Stabilization: Minimum 18 inches. b. Riprap: Minimum 18 inches. c. Drain Trenches: Minimum 18 inches, except overlap to equal trench width if trench width is less than 18 inches. d. Other Applications: Minimum 12 inches.

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B. Sewn Seams: Made wherever stress transfer from one geotextile sheet to another is necessary. Sewn seams, as approved by CONSTRUCTION MANAGER, also may be used instead of overlap at joints for applications that do not require stress transfer.

1. Seam Efficiency: a. Minimum 70 percent. b. Verified by preparing and testing minimum of one set of nondestructive Samples per acre of each type and weight of geotextile installed. c. Tested according to ASTM D4884. 2. Types: a. Preferred: “J” type seams. b. Acceptable: Flat or butterfly seams. 3. Stitch Count: Minimum three to maximum seven stitches per inch. 4. Stitch Type: Double‐thread chainstitch according to ASTM D6193. 5. Sewing Machines: Capable of penetrating four layers of geotextile. 6. Stitch Location: 2 inches from geotextile sheet edges, or more, if necessary to develop required seam strength.

3.04 SECURING GEOTEXTILE

A. Secure geotextile during installation as necessary with sandbags or other means approved by CONSTRUCTION MANAGER.

B. Secure Geotextile with Securing Pins:

1. Insert securing pins with washers through geotextile. 2. Securing Pin Alignment: a. Midway between edges of overlaps. b. 6 inches from free edges. 3. Spacing of Securing Pins:

Slope Maximum Pin Spacing Steeper than 3:1 2 feet 3:1 to 4:1 3 feet Flatter than 4:1 5 feet

4. Install additional pins across each geotextile sheet as necessary to prevent slippage of geotextile or to prevent wind from blowing geotextile out of position.

5. Push each securing pin through geotextile until washer bears against geotextile and secures it firmly to subgrade.

3.05 PLACING PRODUCTS OVER GEOTEXTILE

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A. Before placing material over geotextile, notify CONSTRUCTION MANAGER. Do not cover installed geotextile until after CONSTRUCTION MANAGER provides authorization to proceed.

B. If tears, punctures, or other geotextile damage occurs during placement of overlying products, remove overlying products as necessary to expose damaged geotextile. Repair damage as specified in Article Repairing Geotextile.

3.06 INSTALLING GEOTEXTILE IN TRENCHES

A. Place geotextile in a way that will completely envelope Type A material to be placed in trench and with specified overlap at joints. Overlap geotextile in direction of flow. Place geotextile in a way and with sufficient slack for geotextile to contact trench bottom and sides fully when trench is backfilled.

B. After Type A material is placed to required grade and compacted, fold geotextile over top of Type A material, unless otherwise shown. Maintain overlap until overlying fill or backfill is placed.

3.07 SILT FENCE APPLICATIONS

A. Install geotextile in one piece, or continuously sewn to make one piece, for full length and height of fence, including portion of geotextile buried in toe trench.

B. Install bottom edge of sheet in toe trench and backfill in a way that securely anchors geotextile in trench.

C. Securely fasten geotextile to each support post in a way that will not result in tearing of geotextile when fence is subjected to service loads.

D. Promptly repair or replace silt fence that becomes damaged.

3.08 REPAIRING GEOTEXTILE

A. Repair or replace torn, punctured, flawed, deteriorated, or otherwise damaged geotextile.

B. Repair Procedure: 1. Place patch of undamaged geotextile over damaged area and at least 18 inches in each direction beyond damaged area. 2. Remove interfering material as necessary to expose damaged geotextile for repair. 3. Sew patches or secure them with heat fusion tacking or with pins and washers, as specified above in Article Securing Geotextile, or by other means approved by CONSTRUCTION MANAGER.

3.09 REPLACING CONTAMINATED GEOTEXTILE

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A. Protect geotextile from contamination that would interfere, in CONSTRUCTION MANAGER’s opinion, with its intended function. Remove and replace contaminated geotextile with clean geotextile.

END OF SECTION

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ATTACHMENT E SOIL PREPARATION (GENERAL CONTRACTOR) SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE ‐ ‐

PART 1 GENERAL

1.01 WORK

A. GENERAL CONTRACTOR will prepare and stabilize the disturbed areas of the Project area for revegetation to be completed under a separate contract.

B. All Work described in this specification will be conducted by the GENERAL CONTRACTOR.

1.02 SEQUENCING AND SCHEDULING

A. GENERAL CONTRACTOR with perform Work specified in the Subgrade Preparation and Trench Backfill Specifications included in the construction documents, prior to performing Work specified under this section.

B. Mulch and Erosion Control Blankets will be installed no later than 10 days after soil preparation and finished grading is complete.

PART 2 PRODUCTS

PART 3 EXECUTION

3.01 SUBGRADE PREPARATION

A. Subgrade will be scarified to minimum depth of 12 inches where topsoil is to be placed.

B. Stones over 2‐1/2 inches in any dimension, sticks, roots, rubbish, and other extraneous material will be removed.

C. Preparation and construction activities will be limited to areas which will receive topsoil within 2 days after preparation.

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ATTACHMENT E SOIL PREPARATION

48 of 58 SOQ-KR-93632 Attachment -3 20200

3.02 TOPSOIL MATERIAL PLACEMENT

A. Topsoil will not be placed when subsoil or topsoil is frozen, excessively wet, or otherwise detrimental to the Work.

B. Topsoil will be placed to match preconstruction conditions. Topsoil and fine grade materials will be uniformly distributed to eliminate rough or low areas while maintaining levels, profiles, and contours of subgrade.

C. Stones exceeding 1‐1/2 inches, roots, sticks, debris, and foreign matter will be removed during and after topsoil placement.

D. Surplus subsoil from Site will be removed prior to revegetation activities. Stockpile areas will be graded as necessary and placed in condition acceptable for planting or seeding.

3.03 SURFACE STABILIZATION

A. Erosion Control Blankets

1. Erosion Control Blankets will be installed after soil preparation and finished grading is complete. Erosion Control Blankets will be placed on slopes 3H: 1V and steeper in accordance with the Temporary Stormwater Pollution, Erosion, and Sediment Control Specification. 2. Mulching will be placed on slopes less steep than 3H: 1V in accordance with the Temporary Stormwater Pollution, Erosion, and Sediment Control Specification.

3.04 FIELD QUALITY CONTROL

A. CONSTRUCTION MANAGER will be notified when Work under this Section is complete.

B. GENERAL CONTRACTOR will participate in an inspection of prepared and stabilized areas with CONSTRUCTION MANAGER.

C. Soil preparation and surface stabilization will be repeated by GENERAL CONTRACTOR for areas determined not to be in acceptable final condition as directed by the CONSTRUCTION MANAGER.

END OF SECTION

SAMPLE BIDDING DOCUMENTS – DATE WORK AREA REVEGETATION‐2

ATTACHMENT E SOIL PREPARATION

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ATTACHMENT F PERMITS SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE ‐ ‐

PART 1 GENERAL

1.01 THE REQUIREMENT

A. The intent of this Section is to provide the known list of required permits for the Work under Work Area Revegetation contract. Completeness of the list is not guaranteed by UTILITIES. The absence of information does not relieve CONTRACTOR of responsibility for determining and verifying the extent of permits required and for obtaining permits. The CONTRACTOR is responsible for ensuring all required permits are obtained for the completion of the Work.

B. Obtain permits required for the execution of the Work, as indicated. Furnish copies of permits obtained by CONTRACTOR to the CONSTRUCTION MANAGER, in accordance with Paragraph 1.04.A of this Section.

C. Comply with conditions of the permits and with Laws and Regulations applicable to the performance of the Work.

D. Inform CONSTRUCTION MANAGER of any conflict between permit requirements and the Contract Documents. Comply with permit requirements.

E. Copies of applicable permits obtained by UTILITIES will be provided by the CONSTRUCTION MANAGER or included in the Bidder’s library. Maintain a notebook of applicable permits onsite during revegetation construction activities.

1.02 SUMMARY OF PERMITS TO BE OBTAINED BY CONTRACTOR

A. CONTRACTOR Initiated and CONTRACTOR Obtained Permits: Apply for and obtain the permits listed in Paragraph 1.02.D of this Section.

B. UTILITIES Initiated and CONTRACTOR Obtained Permits: Some permit applications will be initiated by UTILITIES and will be provided to CONTRACTOR to assist CONTRACTOR in securing those permits. UTILITIES does not guarantee the accuracy of the permit applications, requirements, and/or fees. Apply for and obtain the permits listed in Paragraph 1.02.E of this Section.

C. Complete the permit applications, including those that have been initiated by UTILITIES, and submit to the permitting agency. Coordinate with the UTILITIES’ Permit Coordinator as necessary to clarify permit requirements. Unless the permitted activity is specifically limited, permits obtained cover the entire Work.

D. Permits to be Initiated and Obtained by CONTRACTOR:

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Permitting Permit Name Permittee Authority CDOT Transport Permit (if required) CONTRACTOR Air Pollution Emission Notice (APEN) and CDPHE CONTRACTOR General Construction Permit

E. Permits Initiated by UTILITIES and to be Obtained by CONTRACTOR:

Permitting Permit Name Permittee Authority Construction Stormwater General Permit CDPHE (Notice of Reassignment of Permit Coverage CONTRACTOR and General Permit Application)

1.03 SUMMARY OF PERMITS OR APPROVALS OBTAINED BY UTILITIES

A. The permits listed in Paragraphs 1.03.D and 1.03.E of this Section have been or are in the process of being obtained by UTILITIES.

B. Copies of the permits and their requirements, if applicable and available, will be provided by the CONSTRUCTION MANAGER or included in the Bidder’s library. Unless the permitted activity is specifically limited, permits obtained cover the entire work. Comply with the requirements of the permits.

C. No additional compensation or additional Contract Times will be granted to CONTRACTOR because of delays by UTILITIES in obtaining permits unless CONTRACTOR is unable to proceed and complete Work and such delays are clearly demonstrated by the CONTRACTOR's Progress schedule. Provide UTILITIES at least 30 calendar days notice if the CONTRACTOR’s schedule will be impacted due to permits not being secured.

D. Permits and/or Agreements Obtained by UTILITIES:

Permitting Authority Permit Name Permittee Bureau of Reclamation Record of Decision UTILITIES U.S. Army Corps of Engineers Clean Water Act Section 404 Permit UTILITIES Clean Water Act Section 401 – Water CDHPE UTILITIES Quality Certification Fish and Wildlife Mitigation Plan CDOW UTILITIES Approval Section 106 and Class III Cultural Colorado Historical Society UTILITIES Resource Survey Concurrence Pueblo County 1041 Permit UTILITIES Pueblo County Haul Route Plan UTILITIES Pueblo County Flood Hazard Area Development Permit UTILITIES

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E. Permits and/or Agreements to be Obtained by UTILITIES:

Permitting Authority Permit Name Permittee Fountain Valley Authority Pipeline Bureau of Reclamation UTILITIES Easement Letter of Consent Pueblo County Staging Area Plan UTILITIES

1.04 INFORMATIONAL SUBMITTALS

A. Submit copies of permits and approvals for construction as required by Laws and Regulations and governing agencies, including those to be obtained by CONTRACTOR or transferred to CONTRACTOR to the CONSTRUCTION MANAGER within 14 days of approval or transfer date.

B. Submit copies of all compliance reports or other documentation whether submitted by CONTRACTOR to a regulatory agency or provided to CONTRACTOR by a regulatory agency immediately upon transmittal or receipt.

C. Upon the completion of the work, submit evidence of permit close‐out for the permits held by the CONTRACTOR prior to UTILITIES issuance of Final Completion.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

END OF SECTION

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ATTACHMENT G UNIT PRICE MEASUREMENT AND PAYMENT SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE ‐ ‐

PART 1 GENERAL

1.01 SUBMITTALS

A. Schedule of Estimated Progress Payments:

1. Submit initial with first Application for Payment. 2. Submit adjustments thereto with each monthly Application for Payment.

B. Application for Payment.

C. Final Application for Payment.

1.02 SCHEDULE OF ESTIMATED PROGRESS PAYMENTS

A. Show estimated payment requests throughout Contract Times aggregating to initial Contract Price.

B. Base estimated progress payments on initially acceptable progress schedule. Adjust to reflect subsequent adjustments in progress schedule and Contract Price as reflected by modifications to the Contract Documents.

1.03 APPLICATION FOR PAYMENT

A. Transmittal Summary Form: Attach one Summary Form with each detailed Application for Payment for each schedule. Execute certification by an authorized officer of CONTRACTOR.

B. Use detailed Summary Form and Application for Payment Form suitable to CONSTRUCTION MANAGER.

C. Provide separate form for each schedule as applicable.

D. Include separate line item for each Change Order and Work Change Directive executed prior to date of submission. Provide further breakdown of such as requested by CONSTRUCTION MANAGER.

E. Preparation:

1. Round values to nearest dollar. 2. Submit Application for Payment, including a Transmittal Summary Form and detailed Application for Payment Form(s) for each schedule as applicable, a listing of materials on hand for each schedule as applicable, and such supporting data as may be requested by CONSTRUCTION MANAGER.

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1.04 MEASUREMENT—GENERAL

A. If the quantity of a unit priced item varies by more than 25 percent above or below the quantity indicated in the Schedule of Unit Prices, and this variance in price causes the total Contract Price to vary by more than 2 percent of the total Contract amount, the CONTRACTOR, CONSTRUCTION MANAGER, or UTILITIES may request an equitable adjustment in the unit price of the item. The requesting party shall provide documentation as to why the cost should be adjusted and by how much. If the other parties deny the adjustment, the requesting party may file a claim under the Contract Agreement as applicable.

B. Weighing, measuring, and metering devices used to measure quantity of materials for Work shall be suitable for purpose intended and conform to tolerances and specifications as specified in National Institute of Standards and Technology, Handbook 44.

C. Whenever pay quantities of material are determined by weight, weigh material on scales furnished by CONTRACTOR. Weight must be certified accurate by the responsible agency. Obtain weight or load slip from weigher and deliver to CONSTRUCTION MANAGER at point of delivery of material.

D. If material is shipped by rail, car weights will be accepted provided that actual weight of material only will be paid for and not minimum car weight used for assessing freight tariff, and provided further that car weights will not be acceptable for material to be passed through mixing plants.

E. Weigh vehicles empty used to haul material being paid for by weight daily with full fuel tanks and at such additional times as required by CONSTRUCTION MANAGER. Each vehicle shall bear a plainly legible identification mark.

F. Units of measure shown on Bid Form to be as follows, unless specified otherwise.

Item Method of Measurement AC Acres—Field Measure of area by CONSTRUCTION MANAGER using mean length and width or radius.

Cubic Yards—Field Measure of volume by CONSTRUCTION CY MANAGER using mean length, width or radius, and depth EA Each—Field Count by CONSTRUCTION MANAGER LF Linear Foot—Field Measure by CONSTRUCTION MANAGER to the nearest whole foot or calculated from horizontal pipeline stationing shown on the Drawings. LS Lump Sum—Unit is one; no measurement will be made SY Square Yards—Field Measure of area by CONSTRUCTION MANAGER using mean length and width or radius TN Ton—Field Measure by CONSTRUCTION MANAGER

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G. Work Item Descriptions: Work item descriptions are provided below for the work items listed in Payment Schedule. The price bid for each work item shall cover costs in connection with the Work, including furnishing labor, materials, equipment, supplies, and appurtenances; providing construction plant equipment and tools; performing necessary labor and supervision to fully complete the Work as described and specified in the Contract Documents; and overhead and profit. Related work not specifically identified in the work item descriptions is considered incidental and a subsidiary obligation of the CONTRACTOR and costs in connection therewith shall be included in the price bid for work items. Typical incidental items may include, but are not limited to, construction administration, communications, and coordination with UTILITIES, CONSTRUCTION MANAGER, land owners, regulatory agencies, and other stakeholders, and quality control.

No. Description Measurement and Item Payment Lump Sum Price includes pre‐construction Payment will be professional services in accordance with the made when pre‐ Statement of Work. Services include pre‐ construction Pre‐construction mobilization readiness review and pre‐ professional services 1 Professional construction meeting(s), permitting, are complete, prior Services (LS) submittal preparation, and submittal to issuance of processing. revegetation Notice‐ to‐Proceed. Lump Sum Price bid includes costs for initial Payment will be mobilization after issuance of revegetation made when Notice‐to‐Proceed and other required mobilization is 2 Mobilization (LS) preconstruction tasks as the CONTRACTOR’s complete. onsite revegetation construction operations begin. Mobilization is limited to a maximum of 5 percent of the total bid. Lump Sum Price bid includes moving Payment will be equipment out, punch list walk through, and made with Final Demobilization 3 final walk through. Demobilization is Payment. (LS) required to be a minimum of 2 percent of the total bid. Lump Sum Price bid includes costs for Lump sum payment temporary environmental control measures, will be distributed in complete (except for Dust Control; Storm equal monthly Water, Sediment, and Erosion Control; and installments over the Temporary Weed Control) including implementing and Contract Times 4 Environmental monitoring specified plans, and stated in the Controls (LS) conformance to applicable permit and Agreement following Specification requirements. issuance of revegetation Notice‐ to‐Proceed.

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No. Description Measurement and Item Payment Lump Sum Price bid includes costs for storm Lump sum payment water, sediment, and erosion control will be distributed in measures, complete; including maintaining equal monthly and removing existing storm water, installments over the Storm Water, sediment, and erosion control measures, Contract Times Sediment, and 5 installing and removing new storm water, stated in the Erosion Control sediment and erosion control measures as Agreement following (LS) needed, implementing and monitoring the issuance of Storm Water Management Plan, and revegetation Notice‐ conformance to applicable permit and to‐Proceed. Specification requirements. Lump Sum Price bid includes costs for dust Lump sum payment control, complete; including creating, will be distributed in implementing, and monitoring dust control equal monthly plan along pipeline alignment and haul installments over the route, implementing and maintaining dust Contract Times 6 Dust Control (LS) control measures, vehicle tracking control, stated in the sweeping paved streets, and conformance Agreement following to applicable permit and Specification issuance of requirements. revegetation Notice‐ to‐Proceed.

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No. Description Measurement and Item Payment Bid allowance for control of noxious weeds, UTILITIES and as indicated in Attachment C of the Work CONSTRUCTION Area Revegetation Specification. The MANAGER shall have CONTRACTOR shall include the allowance sole discretion listed for this item in the bid tabulation. This regarding assignment item includes furnishing all materials, of work under this equipment, labor, and incidentals required bid item. When for weed control adjacent to the Work and requested by the within the construction limits and all CONSTRUCTION additional work necessary to address MANAGER, the property owner concerns and as required CONTRACTOR shall for compliance with regulatory prepare a cost requirements, complete in accordance with proposal for work the Contract Documents. performed under this bid item including Temporary Weed 7 cost of materials, Control (LS) labor and subcontractors along with separated breakdown of profit percentage and any other administrative expenses. The UTILITIES and the CONSTRUCTION MANAGER will review the proposal and either provide notice to proceed or obtain another entity to perform the Work. Measurement for Unit Price bid includes revegetaton this item will be restoration of disturbed construction areas, based on the actual complete; including seed bed preparation, square yardage of furnishing and installing seed (including revegetation reseeding, mulch, and maintenance as Stations 418+20 completed, as required to establish vegetation), to Station determined by a field maintenance during guarantee period 756+85, measurement 8 (including watering), and conformance to Revegetation performed by the applicable permit requirements. (approximately CONSTRUCTION 103 acres) (SY) MANAGER. Payment shall be made based on the unit price bid per square yardage in the Bid Form.

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No. Description Measurement and Item Payment Unit Price bid includes a bond for the If a Satisfactory Stand guarantee period payable to UTILITIES in the has not been amount of $2,000.00 per acre of land established by the revegetated. An allowance has been end of the second included in the Bid Form assuming 103 acres year and/or growing included for this item. Bond includes season (whichever is Special guarantee of the permanent revegetation greater), the bond 9 Guarantee and from the date of completion of initial will be forfeited to Bond (AC) seeding activities until the end of the second UTILITIES in the year and/or growing season (whichever is amount of $2,000.00 greater). per acre for each acre and fraction of acre that does not meet the definition of Satisfactory Stand. Lump Sum Price bid includes removal and Payment will be disposal of project area BMPs and other based on pipeline Restoration of 10 work limit fencing at the completion of the stationing of Project Area (LS) revegetation activities. completed restoration.

1.05 PARTIAL PAYMENT OF ALLOWANCE, BID ITEM 7

A. Provide copy of detailed invoices for noxious weed control services to UTILITIES. Include cost on Application for Payment Form. UTILITIES will process allowance payments with the approved Application of Payment.

B. UTILITIES will amend Agreement by change order if the accumulative cost for noxious weed control exceeds the allowance.

C. UTILITIES will retain the remaining balance of the allowance if, at Final Payment, disbursements are less than the allowance.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

END OF SECTION

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ATTACHMENT 4 - SAMPLE OWNER CONTRACTOR AGREEMENT

PROJECT TITLE: REVEGETATION SERVICES FOR WORK PACKAGE

AGREEMENT NUMBER: (TBD)

Between Colorado Springs Utilities and (TBD)

Effective Date: (TBD)

T01-00076 (06/2010)

TABLE OF CONTENTS

SECTION 1 - WORK...... 1 SECTION 2 - UTILITIES’ REPRESENTATIVE...... 1 SECTION 3 - AGREEMENT TIMES...... 1 SECTION 4 - AGREEMENT PRICE...... 2 SECTION 5 - PAYMENT PROCEDURES...... 2 SECTION 6 - CONTRACTOR’S REPRESENTATIONS...... 4 SECTION 7 - AGREEMENT DOCUMENTS...... 5 SECTION 8 - MISCELLANEOUS...... 9

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ...... 1 Defined Terms...... 1 ARTICLE 2 - PRELIMINARY MATTERS ...... 6 2.01 Delivery of Bonds ...... 6 2.02 Commencement of Agreement Times; Notice to Proceed ...... 6 2.03 Starting the Work ...... 6 2.04 Before Starting Construction ...... 6 2.05 Preconstruction Conference ...... 7 2.06 Initial Acceptance of Schedules ...... 7 ARTICLE 3 - AGREEMENT DOCUMENTS: INTENT, AMENDING, REUSE ...... 8 3.01 Intent...... 8 3.02 Reference ...... 8 3.03 Reporting and Resolving Discrepancies ...... 8 3.04 Amending and Supplementing Agreement Documents ...... 9 3.05 use of Documents ...... 9 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ...... 10 4.01 Availability of Lands ...... 10 4.02 Subsurface and Physical Conditions ...... 11 4.03 Differing site conditions ...... 11 4.04 Underground Facilities ...... 13 4.05 Reference Points ...... 13 4.06 Hazardous Environmental Condition at Site ...... 14 ARTICLE 5 - BONDS AND INSURANCE ...... 15 5.01 Performance, Payment, Maintenance, and Other Bonds ...... 15 5.02 Licensed Sureties and Insurers ...... 15 5.03 Insurance Requirements ...... 15 5.04 Waiver of Rights ...... 18 5.05 Receipt and Application of Insurance Proceeds ...... 19 5.06 Acceptance of Bonds and Insurance; Option to Replace ...... 20

T01-00076 (06/2010) TOC-1 Agreement No. 2012XXXXX

5.07 Partial Utilization, Acknowledgment of Property Insurer ...... 20 ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES ...... 20 6.01 Supervision and Superintendence ...... 20 6.02 Labor; Working Hours ...... 21 6.03 Services, Materials, and Equipment ...... 22 6.04 Progress Schedule ...... 22 6.05 Substitutes and “Or-Equals” ...... 23 6.06 Concerning Subcontractors, Suppliers, and Others ...... 25 6.07 Patent Fees and Royalties ...... 26 6.08 Construction and Environmental Permits ...... 26 6.09 Laws and Regulations ...... 27 6.10 Use of Site and Other Areas ...... 28 6.11 Record Documents ...... 29 6.12 Safety and Protection ...... 29 6.13 Safety Representative ...... 30 6.14 Hazard Communication Programs ...... 30 6.15 Emergencies ...... 30 6.16 Shop Drawings and Samples ...... 31 6.17 Continuing the Work ...... 32 6.18 CONTRACTOR’s General Warranty and Guarantee ...... 33 6.19 Indemnification ...... 34 6.20 Hazardous Substances/Waste ...... 35 6.21 Hazardous Substance or hazardous Material Release to the Site ...... 36 6.22 Storage of Bulk Petroleum Products ...... 36 6.23 Environmental Concerns ...... 36 6.24 Environmental Representative ...... 36 ARTICLE 7 - WORK BY OTHERS ...... 37 7.01 Related construction Work at Site ...... 37 ARTICLE 8 - UTILITIES’ RESPONSIBILITIES ...... 39 8.01 Communications to CONTRACTOR ...... 39 8.02 Replacement of UTILITIES’ Representative ...... 39 8.03 Furnish Data ...... 39 8.04 Pay Promptly When Due ...... 39 8.05 Lands and Easements; Reports and Tests ...... 39 8.06 Limitations on UTILITIES’ Responsibilities ...... 39 8.07 Appropriation of Funds ...... 39 ARTICLE 9 - UTILITIES’ Representative AUTHORITY ...... 40 9.01 UTILITIES’ Representative RESPONSIBILITIES and authority ...... 40 9.02 Visits to Site ...... 40 9.03 Clarifications and Interpretations ...... 41 9.04 Authorized Variations in Work ...... 41 9.05 Rejecting Defective Work ...... 41 9.06 Determinations for Unit Price Work ...... 42 9.07 Decisions on Requirements of Agreement Documents and Acceptability of Work ...... 42 9.08 Limitations on UTILITIES REPRESENTATIVE’s and engineer’s Authority and Responsibilities ...... 43 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...... 44 10.01 Authorized Changes in the Work ...... 44 10.02 Unauthorized Changes in the Work ...... 45

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10.03 Execution of Change Orders ...... 45 10.04 Notification to Surety ...... 46 10.05 Claims and Disputes ...... 46 10.06 Mediation ...... 47 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ...... 48 11.01 Cost of the Work ...... 48 11.02 Cash Allowances ...... 51 11.03 Unit Price Work ...... 51 ARTICLE 12 - CHANGE OF AGREEMENT PRICE; CHANGE OF AGREEMENT TIMES...... 52 12.01 Change of Agreement Price ...... 52 12.02 Change of Agreement Times ...... 53 12.03 Delays Beyond CONTRACTOR’s Control ...... 53 12.04 Delays Within CONTRACTOR’s Control ...... 54 12.05 Delays Beyond UTILITIES’ and CONTRACTOR’s Control ...... 54 12.06 Delay Damages ...... 54 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ...... 54 13.01 Notice of Defects ...... 54 13.02 Access to Work ...... 54 13.03 Tests and Inspections ...... 55 13.04 Uncovering Work ...... 56 13.05 UTILITIES May Stop the Work ...... 56 13.06 Correction or Removal of Defective Work ...... 57 13.07 Correction Period ...... 57 13.08 Acceptance of Defective Work ...... 58 13.09 UTILITIES May Correct Defective Work ...... 58 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ...... 59 14.01 Schedule of Values ...... 59 14.02 Progress Payments ...... 60 14.03 CONTRACTOR’s Warranty of Title ...... 63 14.04 Substantial Completion ...... 63 14.05 Partial Utilization ...... 63 14.06 Final Inspection ...... 64 14.07 Final Payment ...... 64 14.08 Final Completion Delayed ...... 66 14.09 Waiver of Claims ...... 66 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ...... 66 15.01 UTILITIES May Suspend Work ...... 66 15.02 UTILITIES May Terminate for Cause ...... 67 15.03 UTILITIES May Terminate For Convenience ...... 68 15.04 CONTRACTOR May Stop Work or Terminate ...... 68 ARTICLE 16 - MISCELLANEOUS ...... 69 16.01 Giving Notice ...... 69 16.02 Computation of Times ...... 69 16.03 Cumulative Remedies ...... 70 16.04 Survival of Obligations ...... 70

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16.05 Governing Law ...... 70 16.06 Non-Discrimination ...... 70 16.07 Electronic Communications ...... 71 16.08 Audit ...... 71 16.09 Taxes ...... 73 16.10 Independent Contractor...... 73 16.11 Department of Reclamation Provisions ...... 74

APPENDICES and SUPPLEMENTAL CONDITIONS

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COLORADO SPRINGS UTILITIES AGREEMENT ON THE BASIS OF A STIPULATED PRICE AGREEMENT NO. 2012XXXXX

THIS AGREEMENT is effective as of the day of in the year 2012, by and between Colorado Springs Utilities, an enterprise of the City of Colorado Springs, a home rule municipality (hereinafter called UTILITIES) and (hereinafter called CONTRACTOR) (collectively referred to as Parties).

UTILITIES and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

SECTION 1 - WORK.

The Work, as defined in this Agreement, involves the revegetation of the disturbed areas to ninety percent (90%) of original vegetation removed during construction for work package of the Southern Delivery System (SDS) Program within two (2) years or two (2) growing seasons, whichever is longer, in accordance with the Pueblo County 1041 permit and the Agreement Documents.

SECTION 2 - UTILITIES’ REPRESENTATIVE.

, P.O. Box 1103, MC , Colorado Springs, CO 80947- , Phone Number: (719) , and Email: @csu.org, has been designated as UTILITIES’ Representative and assumes all duties and responsibilities and has the rights and authority assigned to UTILITIES’ Representative in the Agreement Documents in connection with completion of the Work in accordance with the Agreement Documents. UTILITIES’ Representative shall be responsible for coordinating and obtaining appropriate UTILITIES approvals for any requested contractual changes that affect cost, schedule, technical, or any other requirements of this Agreement.

The Work has been designed by (hereinafter called ENGINEER). ENGINEER shall assume the duties, responsibilities, rights, and authority of an ENGINEER with regard to the Agreement Documents in connection with completion of the Work in accordance with the Agreement Documents.

SECTION 3 - AGREEMENT TIMES.

3.01 The Work may commence no earlier than the date specified in the full Notice to Proceed, which is expected to be issued by UTILITIES on or before . Any work done prior to the Notice to Proceed date must be approved in writing by UTILITIES in advance. The Work will be substantially completed by , and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions by .

3.02 Liquidated Damages. UTILITIES and CONTRACTOR recognize that time is of the essence for the completion of all Work under this Agreement and that UTILITIES will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof approved in accordance with

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Article 12 of the General Conditions. The Parties also recognize that there are delays, expenses, and difficulties involved in proving the actual loss suffered by UTILITIES if the Work is not completed on time. Accordingly, instead of requiring any such proof, UTILITIES and CONTRACTOR agree that as reasonable and appropriate liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay UTILITIES ($ ) for each working day that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in paragraph 3.01 for completion and readiness for final payment or any proper extension thereof granted by UTILITIES, CONTRACTOR shall pay UTILITIES ($ ) for each working day that expires after the time specified in paragraph 3.01 for completion and readiness for final payment.

3.03 UTILIITES shall recover liquidated damages by deducting the amount thereof from any monies due or payable to the CONTRACTOR. In the event the remaining balance due the CONTRACTOR is insufficient to cover the full amount of assessed liquidated damages, the CONTRACTOR, or its surety, if applicable, shall pay the amount due and UTILITIES shall be entitled to any and all rights and remedies available in law or equity to recover the same.

SECTION 4 - AGREEMENT PRICE.

4.01 UTILITIES shall pay CONTRACTOR for completion of the Work in accordance with the Agreement Documents and the Schedule of Values below, a Lump Sum Not-to-Exceed amount of:

and Cents ($ )

4.02 SCHEDULE OF VALUES

Item No. Item Description Estimated Unit Unit Price Extended Quantity Unit Price

1 $ $ Total of All Extended Bid Unit Prices $

All cash allowances are included in the above price and have been computed in accordance with paragraph 11.03 of the General Conditions.

SECTION 5 - PAYMENT PROCEDURES.

CONTRACTOR shall submit and UTILITIES will process Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by UTILITIES’ Representative as provided in the General Conditions. These payment terms shall also be subject to discounts for prompt payment, if any, as may be set forth in Article 14.02.C of the General Conditions, or any other applicable discounts offered by CONTRACTOR for any reason, including the terms of any applicable price warranty. Payment by credit card, "P-card," or electronic funds transfer is a means

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of remitting payment only and shall not be construed as limiting UTILITIES' rights or altering any of the terms or conditions incorporated into this Agreement. In the event UTILITIES disputes or contests all or any part of any invoice, UTILITIES reserves the right to request a replacement invoice stating only the undisputed amount, and to promptly pay any undisputed amount, and to withhold payment of any disputed amount without waiving any of its claims or defenses to payment of the disputed amount. In the event that CONTRACTOR issues a replacement invoice for any undisputed amount, it is agreed that such issuance of a replacement invoice does not constitute a waiver of CONTRACTOR's rights with regard to the disputed amount.

5.01 Progress Payments; Retainage. Subject to the requirements of Section C below regarding retainage and UTILITIES’ right to withhold payments in accordance with Article 14.02 of the General Conditions, UTILITIES shall make progress payments on account of the Agreement Price on the basis of CONTRACTOR’s Application for Payment within thirty (30) days as provided in paragraphs 5.01.A and 5.01.B. below. All such payments will be made as indicated in the schedule of values established in paragraph 2.06 of the General Conditions.

A. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as UTILITIES’ Representative shall determine, or UTILITIES may withhold, in accordance with paragraph 14.02 of the General Conditions.

B. UTILITIES shall pay ninety percent (90%) (with the balance being retainage) of materials and equipment not incorporated in the Work, which are delivered, suitably stored, and accompanied by documentation satisfactory to UTILITIES as provided in paragraph 14.02 of the General Conditions).

C. Pursuant to §24-91-101, et seq., C.R.S., as amended, an amount equal to ten percent (10%) of the amount shown to be due the CONTRACTOR on each Application for Payment shall be withheld until fifty percent (50%) of the Work required by the Agreement Documents has been performed to the satisfaction of UTILITIES. Thereafter, the remaining Applications for Payment shall be paid without retaining additional funds if, in the opinion of UTILITIES, satisfactory progress is being made in the Work. The withheld percentage shall be administered according to Titles 24-91-101 through 110 et seq. and 38-26-101 et seq. C.R.S., as amended, and shall be retained until final settlement.

5.02 Final Payment. Upon Final Completion and final acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, UTILITIES shall pay the CONTRACTOR the amount of the withheld retainage.

5.03 Tier II Subcontracting Plan Compliance. Prior to issuing a Notice to Proceed, UTILITIES shall review and approve CONTRACTOR’s Tier II Subcontracting Plan, Agreement Document Appendix E – Tier II Subcontracting Plan. If upon Final Completion and final acceptance of the Work, CONTRACTOR fails to demonstrate at least ninety percent (90%) compliance with the approved Tier II Subcontracting Plan, CONTRACTOR shall credit UTILITIES five tenths of one percent (0.5%) of the Agreement Price on the final Application for Payment.

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SECTION 6 - CONTRACTOR’S REPRESENTATIONS.

CONTRACTOR makes the following representations:

6.01 CONTRACTOR has thoroughly examined and carefully studied the Agreement (including the addenda) listed in Section 7 and the other related data identified in the Invitation for Bid including “technical data.” Based upon this review and analysis, CONTRACTOR represents to UTILITIES that it will perform all of the Work within the Agreement Times and within the Agreement Price in accordance with the terms of the Agreement.

6.02 CONTRACTOR has visited the Site, performed a visual inspection, and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work and represents to UTILITIES that it will provide all of the necessary services and perform all of the Work within the requirements of the Agreement Documents.

6.03 CONTRACTOR is familiar with and agrees it will adhere to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work.

6.04 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, including those which have been identified or made available by UTILITIES, and those additional explorations or tests which CONTRACTOR has determined necessary to thoroughly understand the geotechnical environment for performance of the Work. CONTRACTOR accepts the limitations of the extent to which CONTRACTOR may rely on the “technical data” contained in such reports and drawings as set forth in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Agreement Documents and may not be complete for CONTRACTOR’s purposes. CONTRACTOR acknowledges that UTILITIES and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Agreement Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Agreement Price, within the Agreement Times and in accordance with the other terms and conditions of the Agreement Documents.

6.05 CONTRACTOR is aware of the general nature of work to be performed by

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UTILITIES and others to complete the Work in accordance with the Agreement Documents.

6.06 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Agreement Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Agreement Documents. CONTRACTOR assumes the risk of such Site conditions and will, regardless of such conditions and the expense or difficulty in performing the Work, fully complete the Work for the stated Agreement Price without recourse to UTILITIES. 6.07 CONTRACTOR has given UTILITIES written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Agreement Documents and accepted the written resolution thereof by UTILITIES, and the CONTRACTOR acknowledges that the Agreement Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

6.08 CONTRACTOR has satisfied itself regarding the conditions applicable to the Work, such as, but not limited to: (1) conditions bearing on transportation, disposal, handling and storage of materials; (2) the availability of water, power and road access; (3) weather conditions; (4) physical conditions of the Site; (5) the conditions of the ground and drainage thereof; and (6) Site ground water.

6.09 CONTRACTOR expressly recognizes that the Work must be completed within the time and fiscal constraints set forth in the Agreement Documents and guarantees that it will perform all of the Work with the Agreement Price and the Agreement Times.

SECTION 7 - AGREEMENT DOCUMENTS.

The Agreement Documents which comprise the entire agreement between UTILITIES and CONTRACTOR concerning the Work consist of the following, all of which are incorporated into and form the entire Agreement between UTILITIES and CONTRACTOR:

7.01 This Agreement 7.02 General Conditions 7.03 Supplemental Conditions 7.04 Appendices and Attachments to this Agreement

7.05 Notice to Proceed 7.06 Solicitation Documents and Addenda 7.07 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: all Written Amendments and other documents amending, modifying, or supplementing the Agreement Documents pursuant to the General Conditions.

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There are no Agreement Documents other than those listed in this Section 7. The Agreement Documents may only be amended, modified, or supplemented as provided in the General Conditions.

If any inconsistency or conflict arises, the Specifications shall have precedence over any inconsistent or conflicting term in the Supplemental Conditions (if any); the Supplemental Conditions (if any) shall control over any inconsistent or conflicting term in the General Conditions; and the General Conditions shall control over any inconsistent or conflicting term in this Agreement. Except as specifically listed, in case of any inconsistency or conflict among the provisions of the Agreement and any other terms and conditions of any documents comprising the Agreement Documents, the provisions of the Agreement shall control. Concerning the Agreement Documents, the order of precedence shall be as follows: 1) Change Orders; 2) Work Change Directives, and 3) the Agreement Documents listed in Section 7.1 – 7.12 above. The Agreement Documents listed above represent the entire and integrated agreement between the parties hereto, and supersede prior negotiations, representations, or agreements, either written or oral.

SECTION 8 - MISCELLANEOUS.

8.01 The Standard General Conditions of the Agreement between UTILITIES and CONTRACTOR are referred to herein as the General Conditions.

8.02 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated therein.

8.03 CONTRACTOR may not assign or transfer any part of this Agreement without the written consent of UTILITIES, and then, only to an Affiliate if (a) the assignee agrees in writing to be bound by the terms of this Agreement, (b) the assigning party remains liable for obligations under the Agreement, and (c) the assignee accepts the condition of and responsibility for all prior Work. Any other attempt to transfer or assign is void.

Upon a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction), (a) the Party experiencing the change of control will provide written notice to the other Party within 30 days after the change of control, and (b) the other Party may immediately terminate this agreement any time between the change of control and 30 days after it receives the written notice in subsection (a).

8.04 UTILITIES and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, and its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Agreement Documents.

8.05 Any provision or part of the Agreement Documents held to be void or unenforceable under any Laws or Regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon UTILITIES and CONTRACTOR, who agree that the Agreement Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

8.06 UTILITIES and CONTRACTOR specifically agree that this Agreement is not intended by any of its terms, provisions, or conditions to create in the public or any individual member

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of the public a third party beneficiary relationship, or to authorize any person not a party to this Agreement to maintain suit for personal injuries or property damage pursuant to the terms, conditions or provisions of this Agreement. In requiring insurance under this Agreement, UTILITIES specifically does not waive or intend to waive any protection, immunity, or other provision of the Colorado Governmental Immunity Act, Colo. Rev. Stat. §§ 24-10-101 to 120, as now written or amended in the future.

8.07 No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Colo. Rev. Stat. §§ 24-10-101 to 120, as now written or amended in the future.

8.08 This Agreement has been signed in triplicate; two counterparts each have been delivered to UTILITIES, and one to CONTRACTOR. All portions of the Agreement Documents have been signed, initialed, or identified by UTILITIES and CONTRACTOR.

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IN WITNESS WHEREOF, UTILITIES and CONTRACTOR, being duly authorized to commit their respective entities to the terms contained herein, execute this Agreement in its entirety as of the Effective Date.

UTILITIES: Colorado Springs Utilities CONTRACTOR: By: By: Name: Name: Title: Title: Date: Date:

[CORPORATE SEAL]

Attest

License No. Agent for service of process:

If CONTRACTOR is a corporation, attach evidence of authority to sign.

City Attorney’s Office - Utilities Division Approved as to Form: Signature in CDB By: Name: Title: Date:

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GENERAL CONDITIONS

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GENERAL CONDITIONS AGREEMENT NO. 2012XXXXX

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

DEFINED TERMS.

1.01 Wherever used in these General Conditions or in the other Agreement Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Addenda--Written or graphic instruments issued prior to the opening of Bids that clarify, correct, or change the solicitation Requirements of the Agreement Documents. Affiliate--A person or entity by operation of law that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the CONTRACTOR. Agreement--The written instrument which is evidence of the agreement between UTILITIES and CONTRACTOR covering the Work. Agreement Documents--The Agreement Documents which comprise the entire agreement between UTILITIES and CONTRACTOR concerning the Work all of which are incorporated into and form the entire Agreement between UTILITIES and CONTRACTOR (see Section 7). Agreement Price--The moneys payable by UTILITIES to CONTRACTOR for completion of the Work in accordance with the Agreement Documents. Agreement Times--The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion and (ii) complete the Work as evidenced by final payment. Application for Payment--The form acceptable to UTILITIES, accompanied by sup- porting documentation as is required by the Agreement Documents, which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Bid-- The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bidding Documents--The Bidding Requirements and the proposed Agreement Documents (including all Addenda issued prior to receipt of Bids). Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. Bonds--Performance, Payment, and Maintenance bonds and other instruments of security. Change Order--A written order which is signed by CONTRACTOR and UTILITIES after execution of this Agreement which authorizes an addition, deletion, or revision in the Work or an adjustment in the Agreement Price or the Agreement Times, issued on or after the Effective Date of the Agreement. Claim--A demand or assertion by UTILITIES or CONTRACTOR seeking an adjustment in the Agreement Price and/or Agreement Times or other relief with respect to

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the terms of the Agreement. A demand for money or services by a third party is not a Claim. CONTRACTOR--The individual or entity with whom UTILITIES has entered into the Agreement. Cost of the Work--The costs incurred, recorded, and paid by CONTRACTOR in the performance of the Work including, but not limited to: the total hard and soft costs of labor, materials, provisions, supplies, fees, water, heat, utilities, permits, licenses, tests, taxes, transportation, mobilization, demobilization, traffic mitigation/management, expenses, equipment rentals, equipment purchases, insurance and bond premiums and deductibles, supervision, warranties, engineering, clerical, and accounting services, the value of the use of equipment, and reasonable estimates of other costs which may be reasonably apportioned to procurement and completion of the Construction Phase Work, in accordance with the Agreement. Day-- The word “day” shall constitute a calendar day of twenty-four (24) hours measured from midnight to the next midnight. Defective--An adjective which when modifying the term Construction or Work refers to Construction or Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Agreement Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Agreement Documents, or has been damaged prior to UTILITIES’ final payment (unless responsibility for the protection thereof has been assumed by UTILITIES at Substantial Completion). Drawings--That part of the Agreement Documents that UTILITIES has used to describe the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER—The individual or entity having a contract with UTILITIES to furnish engineering services with respect to the Work and who is identified as such. Environmental Concern--The presence at the Site of a threatened or endangered species or plant, or of an archaeological artifact. Field Order--A written order issued by a UTILITIES’ Representative which requires minor changes in the Work but which does not involve a change in the Agreement Price or the Agreement Times. Final Completion of the Work – the date certified by UTILITIES when the equipment has been inspected and operates to the performance standards established in the Agreement Documents, the punch list items have been completed to the satisfaction of UTILITIES, all documents have been completed and delivered to UTILITIES as required by the Agreement Documents, CONTRACTOR has satisfactorily fulfilled all of its obligations in accordance with the Agreement Documents, the Work is accepted by UTILITIES and a Final Application for Payment in accordance with Articles 3.08 and 13.09 is received. General Requirements-- The General Requirements pertain to all sections of Division 1 of the Specifications.

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Hazardous Environmental Condition--The presence at the site of asbestos, hazardous waste, PCBs, petroleum products, Hazardous Substances or Hazardous Materials, or Radioactive Material in such quantities or circumstances that there is a danger to persons or property. Hazardous Substances or Hazardous Materials--Any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to a statutory or regulatory requirement governing handling disposal, and/or cleanup. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 U.S.C. § 6903(5)). Laws and Regulations; Laws or Regulations--Any and all applicable federal, state, and local laws, rules, regulations, ordinances, codes, requirements, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Lien--Purported charges or encumbrances upon Work funds, real property, or personal property. Milestone--A principal event specified in the Agreement Documents relating to an intermediate or final completion date or time prior to Substantial Completion of all the Work. Notice--A written document in strict compliance with Article 15.01, which shall in no event include actual, verbal, or constructive notice. Notice of Award--The written notice by UTILITIES to the successful bidder stating that upon compliance by the successful bidder with the conditions precedent enumerated therein, within the time specified, UTILITIES will sign and deliver the Agreement. Notice to Proceed--A written notice given by UTILITIES to CONTRACTOR fixing the date on which the Agreement Time will commence to run. Partial Utilization--Use by UTILITIES of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. PCBs--Polychlorinated biphenyls. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (sixty degrees (60°) Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Wastes and crude oils. Project--The total construction of which the Work to be performed under the Agreement Documents may be the whole, or a part as indicated elsewhere in the Agreement Documents. Radioactive Material-- Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.), as amended. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information, which are specifically prepared or assembled by or for

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CONTRACTOR and submitted by CONTRACTOR to UTILITIES to illustrate some portion of the Work. Site--Lands or other areas designated in the Agreement Documents as being furnished by UTILITIES for the performance of the Work, including rights-of-way and easements for access thereto, and other lands. Solicitation Response--The offer or proposal of a respondent submitted on the prescribed form setting forth the prices for the Work to be performed. Solicitation Documents--All UTILITIES documents and information describing the proposed contract and the proposed Agreement Documents (including all Adden- da issued prior to receipt of Solicitation Responses). Solicitation Requirements--The Request for Proposal or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. Specifications--Those portions of the Agreement Documents prepared by or for CONTRACTOR and approved by UTILITIES consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship, or other general requirements as applied to the Work. Subcontractor--An individual or entity of any tier supplying labor, services and/or materials for the Work and having a direct contract with CONTRACTOR or with any other of its Subcontractors for the performance of a part of the Work at the Site. Submittal--A written or graphic document prepared by or for CONTRACTOR which is required by the Agreement Documents to be submitted to UTILITIES by CONTRACTOR. Submittals may include Drawings, Specifications, progress schedules, Shop Drawings, Samples, Cash Flow Projections, and Schedules of Values. Submittals other than Drawings and Specifications are not Agreement Documents. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of UTILITIES’ Representative, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Agreement Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to 14.05 of the General Conditions. Supplementary Conditions--That part of the Agreement Documents which amends or supplements these General Conditions. Supplier--A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to the Project to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. UTILITIES’ Consultant--An individual or entity having a contract with UTILITIES to furnish services as an independent professional associate or consultant with respect to the Project and who is identified as such. This reference shall include an engineer, unless the context requires a different meaning.

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UTILITIES' Representative--A person designated in writing to act as UTILITIES’ representative with respect to CONTRACTOR's performance of the Work, including, but not limited to, a UTILITIES’ employee or a designated employee of UTILITIES’ program manager, MWH Americas, Inc.; UTILITIES’ Representative is identified as “CONSTRUCTION MANAGER” in the Agreement Documents. Such person shall have complete authority to transmit instructions, receive information, interpret and define UTILITIES’ policies, make decisions with respect to performance of the Work, and provide such other services as may be agreed upon. Work--The entire completed construction and the various separately identifiable parts thereof required to be performed or furnished under the Agreement Documents, or necessarily implied therefrom. Work includes and is the result of performing or furnishing Construction as required by the Agreement Documents. Work Change Directive--A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by UTILITIES ordering an addition, deletion, or revision in the Work, or responding to emergencies. A Work Change Directive will not change the Agreement Price or the Agreement Times but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Agreement Price or Agreement Times. Written Amendment--A written amendment of the Agreement Documents, signed by UTILITIES and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical aspects rather than strictly design or construction-related aspects of the Agreement Documents.

1.02 TERMINOLOGY

A. Intent of Certain Terms or Adjectives

1. Whenever in the Agreement Documents the terms “as allowed,” “as approved,” or terms of like effect or import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of UTILITIES as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Agreement Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Agreement Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to UTILITIES any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Agreement Documents.

B. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

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2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, “provide” is implied.

D. Unless stated otherwise in the Agreement Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Agreement Documents in accordance with such recognized meaning.

ARTICLE 2 - PRELIMINARY MATTERS

2.01 DELIVERY OF BONDS

When CONTRACTOR delivers the executed Agreements to UTILITIES, CONTRACTOR shall also deliver to UTILITIES such Bonds as CONTRACTOR may be required to furnish in accordance with Article 5.

2.02 COMMENCEMENT OF AGREEMENT TIMES; NOTICE TO PROCEED

The Agreement Times will commence to run on the date stated in the Notice to Proceed. A Notice to Proceed is expected to be given within thirty (30) days after the Effective Date of the Agreement. If CONTRACTOR has not received a Notice to Proceed by the thirtieth day after the Effective Date, CONTRACTOR shall notify UTILITIES immediately.

2.03 STARTING THE WORK

CONTRACTOR shall start to perform the Work on the date when the Agreement Times commence to run. No Work shall commence at the Site prior to the date on which the Agreement Times commence to run.

2.04 BEFORE STARTING CONSTRUCTION

A. CONTRACTOR’s Review of Agreement Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Agreement Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to UTILITIES any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from UTILITIES before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to UTILITIES for failure to report any conflict, error, ambiguity, or discrepancy in the Agreement Documents unless CONTRACTOR knew or reasonably should have known thereof.

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B. Preliminary Schedules: Within ten (10) days after the Effective Date of the Agreement, CONTRACTOR shall submit to UTILITIES’ Representative for its timely review:

1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Agreement Documents;

2. a preliminary schedule of required Submittals and the times for submitting, reviewing, and processing such Submittal; and

3. A preliminary Cash Flow Projection.

C. Before any Work is started, CONTRACTOR and UTILITIES shall each deliver to the other, with copies to each additional insured identified herein, certificates of insur- ance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and UTILITIES respectively are required to purchase and maintain in accordance with Article 5 of these General Conditions or as may be modified in the Supplementary Conditions.

D. Before any Work at the Site is started, CONTRACTOR shall deliver to UTILITIES copies of all required environmental and other permits for the Work.

2.05 PRECONSTRUCTION CONFERENCE

Within twenty (20) days after the Agreement Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, UTILITIES’ Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.04.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

2.06 INITIAL ACCEPTANCE OF SCHEDULES

A. At least ten (10) days before submission of the first Application for Payment, a conference attended by CONTRACTOR, UTILITIES, and others as appropriate will be held to review for acceptability the schedules submitted in accordance with Article 2.04.B. CONTRACTOR shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to UTILITIES as provided below.

1. The progress schedule will be acceptable to UTILITIES when the progress schedule provides an orderly progression of the Work from start to completion dates for various segments of the Work are in compliance with any specified Milestones and the Agreement Times, including the schedule for all deliverables, but such acceptance will neither impose on UTILITIES responsibility for the sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR’s full responsibility. UTILITIES' acceptance

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shall not be deemed to confirm that the schedule is a reasonable plan for performing the Work.

2. CONTRACTOR’s schedule of Submittals will be acceptable to UTILITIES as providing a workable arrangement for reviewing and processing the required Submittals.

3. CONTRACTOR’s schedule of values must be acceptable to UTILITIES as to form and substance.

ARTICLE 3 - AGREEMENT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 INTENT

A. The intent of the Agreement Documents is to include all items and services necessary for the proper execution and Final Completion of the Work. The Agreement Documents are complementary; what is called for by one is as binding as if called for by all. In the event of any conflict between the Agreement Documents, the greater service, better quality or greater quantity shall be included in the Work and Agreement Price without additional compensation.

B. It is the intent of the Agreement Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Agreement Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Agreement Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided by CONTRACTOR whether or not specifically called for at no additional cost to UTILITIES.

3.02 REFERENCE

Standards, specifications, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations or any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect on the Effective Date of the Agreement, except as may be otherwise specifically stated in the Agreement Documents.

3.03 REPORTING AND RESOLVING DISCREPANCIES

A. Reporting Discrepancies

1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Agreement Documents or between the Agreement Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to UTILITIES in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.15.A) until the discrepancy has been resolved by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to UTILITIES for failure to report

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any conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. In the absence of a resolution by one of the methods indicated in Section 3.04, the hierarchy set out in Section 7 of the Agreement shall control.

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Agreement Documents, the provisions of the Agreement Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Agreement Documents and:

a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Agreement Documents); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Agreement Documents would result in violation of any Laws or Regulations).

2. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of UTILITIES, CONTRACTOR, or any of their subcontractors, consultants, agents, or employees from those set forth in the Agreement Documents, nor shall it be effective to assign to UTILITIES any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of Article 8.02 or any other provision of the Agreement Documents.

3.04 AMENDING AND SUPPLEMENTING AGREEMENT DOCUMENTS

The Agreement Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways:

a. UTILITIES’ approval of required Submittals (pursuant to Article 7.15.A); b. A Work Change Directive; c. A Change Order; or d. A formal Written Amendment

3.05 USE OF DOCUMENTS

A. The Project is the property of UTILITIES. Therefore, original designs, plans, drawings, specifications and other work product in whatever form and/or stage of completion produced by the CONTRACTOR and its Subcontractors for the Project (“Instruments of Service”) are the property of UTILITIES. The CONTRACTOR may not use the Instruments of Service for any purpose not relating to the Project without UTILITIES’ written consent. CONTRACTOR shall furnish UTILITIES with such reproductions of the Instruments of Service, including native files, as UTILITIES may reasonably require. Upon completion of the Work or any earlier termination of this

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Agreement, CONTRACTOR will revise the drawings to reflect changes made during construction and will, at CONTRACTOR’s cost, promptly furnish UTILITIES with one (1) complete set of all native files and reproducible record prints and all of the submittals required in this Agreement. Prints shall be furnished at any other time requested by UTILITIES. All such files and reproductions shall be the property of UTILITIES who may use them without CONTRACTOR’s permission for any proper purpose, including, but not limited to, additions to or completion of the Project. Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by CONTRACTOR as part of the services rendered shall become the property of UTILITIES, provided however, that CONTRACTOR shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property held before the services rendered in this Agreement. Rights to intellectual property developed in the performance of the Work are the property of UTILITIES and CONTRACTOR shall work with UTILITIES to copyright, trademark, or otherwise protect these rights as applicable.

B. All documents including Drawings and Specifications prepared or furnished by CONTRACTOR pursuant to this Agreement are Instruments of Service in respect to the Project. UTILITIES may make and retain copies for information and reference in connection with the use, maintenance, repair and occupancy of the Project by UTILITIES and others; however, such documents are not intended or represented to be suitable for reuse by UTILITIES or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by CONTRACTOR for the specific purpose intended will be at UTILITIES' sole risk and without liability to CONTRACTOR. Any such verification or adaptation will entitle CONTRACTOR to further compensation at rates to be agreed upon by UTILITIES and CONTRACTOR.

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

4.01 AVAILABILITY OF LANDS

A. UTILITIES shall furnish, as indicated in the Agreement Documents, the lands upon which the Construction is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, UTILITIES shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by UTILITIES, unless otherwise provided in the Agreement Documents. If CONTRACTOR and UTILITIES are unable to agree on entitlement to or the amount or extent of any adjustment in the Agreement Price or Agreement Times as a result of any delay in UTILITIES’ furnishing these lands, rights-of-way, or easements, CONTRACTOR may make a claim therefor as provided in Article 10.05, if the Work cannot be sequenced or scheduled to avoid a delay.

B. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

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C. CONTRACTOR shall provide UTILITIES with copies of agreements with private landowners and evidence of appropriate insurance coverage for the term of such use.

4.02 SUBSURFACE AND PHYSICAL CONDITIONS

A. Reports and Drawings: The Work technical specifications identify:

1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that UTILITIES has used in preparing the Agreement Documents; and

2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that UTILITIES has used in preparing the Agreement Documents.

B. Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the “technical data” contained in the reports and drawings, but the reports and drawings are not Agreement Documents. The “techni- cal data” is identified in the Work technical specifications. Except for the reliance on the “technical data,” CONTRACTOR may not rely upon or make any Claim against UTILITIES, UTILITIES’ Representative, or any of UTILITIES’ Consultants with respect to:

1. the completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, and information contained in the reports or shown or indicated in such drawings; or

3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information.

4.03 DIFFERING SITE CONDITIONS

CONTRACTOR shall promptly, and before the conditions are disturbed, give a written notice to UTILITIES of (i) subsurface or latent physical conditions at the Site which differ materially from those indicated in the Agreement Documents or the reports obtained by CONTRACTOR, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized in the area and fundamental to the character of the work called for by the Agreement Documents.

A. UTILITIES will investigate the Site conditions promptly after receiving any notice. If the conditions do materially so differ and cause an increase or decrease in the CONTRACTOR's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment may be made under this Article 4.03 and the Agreement Times or Agreement Price may be modified in writing by Change Order in accordance with Article 10.

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B. No request by CONTRACTOR for an equitable adjustment for differing conditions shall be allowed unless CONTRACTOR has given the written notice required by Article 4.03.A; and followed the claim process prescribed in 10.02.A.

1. The Agreement Price or the Agreement Times, or both, may be equitably adjusted to the extent that the existence of such differing Site condition causes an increase or decrease in CONTRACTOR’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must meet any one or more of the categories described in Article 4.03.A; and

b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Agreement Price will be subject to the provisions of Article 10.04; and

c. notice must be provided in accordance with Article 4.03.A. and 10.02.A.

2. CONTRACTOR shall not be entitled to any adjustment in the Agreement Price or Agreement Times if:

a. CONTRACTOR knew or should have known of the existence of such conditions on or before the date a Written Amendment establishing the Agreement Price was executed; or

b. CONTRACTOR could have discovered such conditions by obtaining additional tests, data and studies that would reasonably be recommended by members of the engineering profession to supplement the reports included in the Agreement Documents;

c. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Agreement Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR’s making such final commitment; or

d. CONTRACTOR failed to give the written notice within the time and as required by Article 4.03.A.

3. If UTILITIES and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Agreement Price or Agreement Times, or both, a Claim may be made therefore as provided in Article 10.02.A. However, UTILITIES, UTILITIES’ Representative, and UTILITIES’ Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project.

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4.04 UNDERGROUND FACILITIES

A. Shown or Indicated: The information and data shown or indicated in the Agreement Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to UTILITIES by the owners of the Underground Facilities, including UTILITIES, or by others. Nothing contained herein is intended to waive or alter the provisions of the Colorado Excavation (“Call Before You Dig”) statutes. Unless it is otherwise expressly provided in the Work technical specifications:

1. UTILITIES shall not be responsible for the accuracy or completeness of any information or data; and

2. the cost of all of the following will be included in the Agreement Price, and CONTRACTOR shall have full responsibility for:

a. reviewing and checking all information and data,

b. locating all Underground Facilities shown or indicated in the Agreement Documents,

c. coordinating the Work with the owners of the Underground Facilities, including UTILITIES, during construction, and

d. the safety and protection of all the Underground Facilities and repairing any damage thereto resulting from the Work.

B. Not Shown or Indicated

1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Agreement Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.15.A), identify the owner of the Underground Facility and give written notice to that owner and to UTILITIES. UTILITIES will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Agreement Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of the Underground Facility.

2. If UTILITIES concludes that a change in the Agreement Documents is required, it may make an authorized change as set out in Article 10.01.

4.05 REFERENCE POINTS

A. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of UTILITIES.

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B. CONTRACTOR shall report to UTILITIES whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel, at its cost.

4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE shall not be responsible for any Hazardous Condition encountered at the Site which arise from subsurface or latent physical conditions at the Site which CONTRACTOR could not have reasonably discovered and which were not known on or before mutual execution of the Written Amendment establishing the GMP. CONTRACTOR shall be responsible for materials creating a Hazardous Condition brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible.

A. CONTRACTOR and any affected Subcontractor shall immediately (i) stop all Construction in connection with any such Hazardous Condition and in any area affected thereby (except in an emergency as required by Article 6.14), and (ii) notify UTILITIES (and thereafter confirm such notice in writing). UTILITIES shall promptly determine the necessity of retaining a qualified expert to evaluate such Hazardous Condition or take corrective action, if necessary. CONTRACTOR shall not be required to resume Construction in connection with such Hazardous Condition or in any such affected area until after UTILITIES has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such Hazardous Condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If UTILITIES and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in the GMP or Agreement Times as a result of such Construction stoppage or such special conditions under which Construction is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Article 10.

B. If after receipt of such special written notice CONTRACTOR does not agree to resume Construction based on a reasonable belief it is unsafe, or does not agree to resume such Construction under such special conditions, then UTILITIES may order such portion of the Work that is related to such Hazardous Condition or in such affected area to be deleted from the Work through a Change Order or resequenced. If UTILITIES and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in the GMP or Agreement Times as a result of deleting or resequencing such portion of the Work, then either party may make a claim therefore as provided in Article 9. UTILITIES may have such deleted portion of the Work performed by UTILITIES’ own forces or others in accordance with Article 7.

The provisions of Article 4.03 are not intended to apply to materials uncovered or revealed at the Site which are or could be a Hazardous Condition when such materials are identified in the Agreement Documents or Supplemental Conditions

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D. Use of Asbestos Materials Before final Application for Payment, CONTRACTOR shall provide to UTILITIES a statement signed by the architect or engineer responsible for construction indicating that no asbestos containing material was specified as a building material in any construction document and that no asbestos containing material was used as a building material in any building or otherwise incorporated into the Work.

ARTICLE 5 - BONDS AND INSURANCE

5.01 PERFORMANCE, PAYMENT, MAINTENANCE, AND OTHER BONDS

A. CONTRACTOR shall furnish Performance, Payment, and Maintenance Bonds acceptable to UTILITIES, each in an amount at least equal to the Agreement Price, as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Agreement Documents. These Bonds shall remain in effect at least one (1) year after the date of final payment, except as provided otherwise by Laws or Regulations or by the Agreement Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Agreement Documents.

B. All Bonds shall be in the form prescribed by the Agreement Documents and Laws or Regulations (to the extent such Laws and Regulations impose additional requirements), and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act.

C. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within twenty (20) days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02.

5.02 LICENSED SURETIES AND INSURERS

All Bonds and insurance policies required by the Agreement Documents to be purchased and maintained by UTILITIES or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized to issue Bonds or insurance policies for the limits and coverages so required in the jurisdiction in which the Work is located. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Agreement Documents.

5.03 INSURANCE REQUIREMENTS

A. For the duration of the Agreement and for a period of not less than eight (8) years after Final Completion of the Work, CONTRACTOR shall, at his own expense, procure and maintain insurance and shall require all subcontractors of all tiers to provide and maintain insurance of the type and in the limits as set forth below, on all operations, in companies authorized to do business in the State of Colorado and

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rated by A.M. Best’s Rating as A:VIII or better, or in companies acceptable to UTILITIES, as follows:

1. Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation insurance shall be provided as required by an applicable law or regulation. Employer’s liability insurance shall be provided in amounts not less than $500,000 each accident for bodily injury by accident, $500,000 policy limit for bodily injury by disease, and $500,000 each employee for bodily injury by disease. CONTRACTOR shall require each subcontractor similarly to maintain Workers’ Compensation and Employer Liability insurance.

2. General Liability Insurance. Commercial General Liability insurance, with a riggers liability endorsement, on an occurrence form, covering all operations by or on behalf of CONTRACTOR providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:

a. Premises and operations liability; b. Products liability; c. Completed operations liability shall be provided for two (2) years following substantial completion of the Work; d. Broad form contractual liability insuring the obligations assumed by CONTRACTOR in this agreement, including indemnity obligations; e. Broad form property damage for property in the care, custody, and control of the CONTRACTOR; f. X.C.U. Coverage – If the Agreement requires any work procedures involving blasting, excavating, tunneling, or other underground work, the liability coverage shall include coverage commonly referred to as X.C.U. for explosion, collapse and underground hazards; g. Personal injury and advertising liability; h. railroad liability within fifty feet (50’) of railroad, if working within the vicinity of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or crossing; and i. Independent contractors.

Except with respect to bodily injury and property damage included within the products and completed operations, the aggregate limits, where applicable, shall apply separately to CONTRACTOR’s work under this Agreement.

The limits of liability shall not be less than: $1,000,000 each occurrence (combined single limit for bodily injury and property damage) $1,000,000 for Personal and Advertising Injury Liability $2,000,000 Aggregate for Products-Completed Operations $2,000,000 General Aggregate

3. Automobile Liability Insurance (Bodily Injury and Property Damage Liability) including coverage for all owned, hired, and non-owned automobiles. The limits of liability shall not be less than $1,000,000 Combined Single Limit occurrence

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for each accident. CONTRACTOR’s Automobile Liability insurance policy shall include coverage for Automobile Contractual Liability.

4. Professional Liability. If the Agreement requires any work for professional services, CONTRACTOR must carry Professional Liability insurance including errors and omission coverage in an amount not less than $1,000,000 per occurrence or claims made and aggregate.

5. Pollution Liability. In the event the Agreement involves any excavation, subsurface, underground, or dewatering work, CONTRACTOR must carry at all times during the term of this Agreement, and for twenty-four (24) months following termination of this Agreement, a Pollution Liability policy with limits not less than $1,000,000 per occurrence (or claims made) and not less than $1,000,000 aggregate for Bodily Injury, Personal Injury, and Property Damage. This coverage must include any losses arising from transit exposures and include all costs associated with clean-up, containment, and disposal of any hazardous liquids or materials. This insurance must include coverage for any costs arising out of mold or fungus claims or issues.

6. Umbrella/Excess Liability. a. CONTRACTOR shall maintain umbrella/excess liability insurance in an amount of not less than $5,000,000 with respect to coverage required under the Commercial General Liability, Automobile Liability, and Employer’s Liability. This coverage must be Umbrella coverage, offering coverage “at least as broad as all underlying coverage.” Subcontractors shall be required to maintain umbrella/excess liability insurance limits of at least $1,000,000.

b. CONTRACTOR shall verify its subcontractors’ compliance with the requirements of sections (a) through (f), and cause their certificates of insurance to be provided to CONTRACTOR and made available to UTILITIES upon request. B. Any deductible or self-insured retention must be declared to UTILITIES. Any and all deductibles or self-insurance retentions in the foregoing insurance policies shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR and its subcontractors. No adjustments shall be made to the Agreement Price for the cost of any deductible, self insured retention, claim expense of any kind, or third party administration costs.

C. On all policies except for Workers’ Compensation and Employer’s Liability, and Professional Liability, the certificates shall also contain a specific endorsement adding UTILITIES, MWH Americas, the Division of Parks and Outdoor Recreation, and the City of Colorado Springs, their officers, City Council, Utilities Board and employees and the Program Manager, as additional insureds, as well as specifically stating that all coverage furnished by CONTRACTOR is primary, and that any insurance held by UTILITIES is excess and non-contributory. Certificates of insurance shall be furnished by CONTRACTOR to UTILITIES before any Work are commenced hereunder by CONTRACTOR. The certificates of insurance shall provide that there will be no cancellation, reduction, or modification of coverage without sixty (60) days prior written notice to UTILITIES, MWH Americas, and the

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Division of Parks and Outdoor Recreation. If CONTRACTOR does not comply with this provision, UTILITIES may, in addition to any other remedies it may have, terminate this Agreement, subject to any provision of this Agreement. Alternatively, UTILITIES may, at its option, provide insurance coverage to protect UTILITIES and charge CONTRACTOR for the cost of that insurance. The required insurance shall be subject to the approval of UTILITIES, but any acceptance of insurance certificates by UTILITIES shall not limit or relieve CONTRACTOR of the duties and responsibilities assumed by it under this Agreement.

D. The minimum insurance coverages required within this entire insurance section shall not minimize, limit, or eliminate CONTRACTOR’s responsibility for any uninsured or uncovered claims, losses, or expenses occurring during or after completion of the Work. The foregoing requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR, and any approval of said insurance by UTILITIES, or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify or quantify the liability and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to the provisions concerning indemnification. UTILITIES reserves the right to withhold payments to CONTRACTOR in the event of material noncompliance with the insurance requirements outlined above. CONTRACTOR shall assess its own risks, and if it deems appropriate and/or prudent, will maintain higher limits and/or broader coverage at its cost.

E. Builder’s Risk Insurance. CONTRACTOR will maintain Builder’s Risk and Installation Floater insurance coverage protecting the interests of UTILITIES and the CONTRACTOR. Insurance coverage will be provided an “all-risk”, replacement-cost basis, insuring against all insurable risks of physical loss or damage, including flood and seismic activity coverage, at a deductible not to exceed $10,000.00 for each occurrence under the coverage. Coverage will include materials, supplies, and equipment that are intended for specific installation in the work while such materials, supplies, and equipment are located at the Work Site.

F. The foregoing requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR, and any approval of said insurance by UTILITIES, or their insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liability and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

G. UTILITIES reserves the right to withhold payments to CONTRACTOR in the event of material noncompliance with the insurance requirements outlined above.

H. All insurance policies must be written on an occurrence basis.

5.04 WAIVER OF RIGHTS

A. UTILITIES and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.03 will protect UTILITIES, CONTRACTOR, Subcontractors, UTILITIES’ Representative, UTILITIES’ Consultants, and all other individuals or entities identified herein to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and

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any of them) in the policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss to the extent covered thereby. All policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery or subrogation against any of the insureds or additional insureds thereunder. UTILITIES and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, UTILITIES’ Representative, UTILITIES’ Consultants, and all other individuals or entities identified herein to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused to the extent covered by insurance. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by UTILITIES as trustee or otherwise payable under any policy so issued.

B. UTILITIES waives all rights against CONTRACTOR, Subcontractors, UTILITIES’ Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: loss or damage to the completed Work or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss to the extent covered by any property insurance maintained on the completed Work or part thereof by UTILITIES during partial utilization pursuant to paragraph 14.05, after Substantial Completion pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07.

C. Any insurance policy maintained by UTILITIES covering any loss, damage or consequential loss referred to in paragraph 5.04.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, UTILITIES’ Representative, or UTILITIES’ Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them.

5.05 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS A. Any insured loss under the policies of insurance required by paragraph 5.03 will be adjusted with UTILITIES and made payable to UTILITIES as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.04.B. UTILITIES shall deposit in a separate account any money so received and such funds shall be UTILITIES to distribute in its sole discretion. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof may be covered by an appropriate Change Order or Written Amendment.

B. UTILITIES as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object to UTILITIES’ exercise of this power in writing within ten (10) days after the occurrence of loss to UTILITIES’

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exercise of this power. If such objection is made, UTILITIES as fiduciary shall make settlement with the insurers. If no such agreement among the parties in interest is reached, UTILITIES as fiduciary may either adjust and settle the loss with the insurers or initiate court action to resolve the issues.

5.06 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE If either UTILITIES or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Agreement Documents, the objecting party shall so notify the other party in writing within ten (10) days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. UTILITIES and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Agreement Documents, such party shall notify the other Party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Agreement Price accordingly.

5.07 PARTIAL UTILIZATION, ACKNOWLEDGMENT OF PROPERTY INSURER

If UTILITIES finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.03 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby and approved by both Parties. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy.

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES

6.01 SUPERVISION AND SUPERINTENDENCE

A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, in accordance with Article 2.04, and devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Agreement Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of UTILITIES, UTILITIES’ Representative, or UTILITIES’ Consultant in the design or specification of a specific means, method, technique, sequence, or procedure of construction that is shown or indicated in and expressly required by the Agreement Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Agreement Documents.

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B. CONTRACTOR shall keep on the Site at all times during construction Key Personnel, including a project manager, superintendent quality manager and site safety manager, who shall not be replaced without at least ten (10) days prior written notice to UTILITIES except under extraordinary circumstances. The project manager will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of and bind the CONTRACTOR. All communications to the project manager shall be treated as binding and as if given to CONTRACTOR.

C. Named Key Personnel include:

1. Project Manager: 2. Superintendent: 3. Quality Manager: 4. Site Safety Manager:

6.02 LABOR; WORKING HOURS

A. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Construction and perform Construction as required by the Agreement Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Agreement Documents, all Construction at the Site shall be performed during regular working hours of a.m. to p.m., and CONTRACTOR will not permit overtime work or the performance of Construction on Saturday, Sunday or any legal holiday without UTILITIES’ written consent, which will not be unreasonably withheld.

B. Unless otherwise specified in the Agreement Documents, CONTRACTOR shall furnish or cause to be furnished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, Start-Up and completion of the Work. CONTRACTOR, in the presence of UTILITIES’ personnel, will direct the checkout of utilities and operations of systems and equipment.

C. All materials and equipment incorporated into the Work shall be of good, new, and merchantable quality, suitable for the purpose intended, free from defects and consistent with the quality required for the Work to conform to the requirements of the Agreement Documents. All warranties and guarantees specifically called for by the Agreement Documents shall expressly run to the benefit of UTILITIES. If required by UTILITIES, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Agreement Documents.

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6.03 SERVICES, MATERIALS, AND EQUIPMENT

A. Unless otherwise specified in the General Requirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Agreement Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of UTILITIES. If required by UTILITIES, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Agreement Docu- ments.

C. All items required by this paragraph to be provided by Contractor and shall be at Contractor’s sole expense. All power for lighting and operation of the Contractor’s equipment required for proper completion of construction shall be provided by the Contractor. The CONTRACTOR shall provide as water required for line filling and pressure testing from sources identified in the Agreement Documents or from alternate sources as authorized by UTILITIES. The Contractor shall provide necessary equipment to utilize these sources. Water for construction purposes shall be provided by the Contractor.

6.04 PROGRESS SCHEDULE

A. CONTRACTOR shall prepare, update, and adhere to the progress schedule established in accordance with paragraph 2.06. Proposed adjustments in the progress schedule that will change the Agreement Times (or Milestones) shall be submitted for approval by UTILITIES in accordance with the requirements of Article 12.

B. CONTRACTOR and each Subcontractor shall submit progress reports to UTILITIES as required by UTILITIES’ Representative. Report forms will be supplied by UTILITIES’ Representative. CONTRACTOR’s project manager and superintendent, together with a representative of those Subcontractors as requested by UTILITIES’ Representative, shall attend meetings as scheduled by UTILITIES’ Representative. Prior to each meeting, the CONTRACTOR shall submit a detailed, written schedule outlining the Work for the previous two (2) weeks, as well as a schedule describing the work anticipated to be done during the next two (2) weeks after the meeting. In the event of any delays in performing or completing Work in accordance with the progress schedule, CONTRACTOR shall submit to UTILITIES a written plan for remediating the situation so that Work gets back on schedule. Any remediation plan must be accepted by UTILITIES, and progress payments and/or final payments may be withheld or delayed until thirty (30) days after CONTRACTOR commences remediation according to the accepted remediation plan.

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6.05 SUBSTITUTES AND “OR-EQUALS”

A. Whenever an item of material or equipment is specified or described in the Agreement Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to UTILITIES for review under the circumstances described below.

1. “Or-Equal” Items: If in UTILITIES’ sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by UTILITIES as an “or-equal” item, in which case review and approval of the proposed item may, in UTILITIES’ sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment UTILITIES determines that: (i) it is at least equal in quality, durability, appearance, strength, warranty and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Work as a functioning whole, and;

b. CONTRACTOR certifies that: (i) there is no increase in cost to UTILITIES; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Agreement Documents.

2. Substitute Items

a. If in UTILITIES’ sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an “or-equal” item under paragraph 6.05.A.1, it will be considered a proposed substitute item.

b. CONTRACTOR shall submit sufficient information as provided below to allow UTILITIES to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by UTILITIES from anyone other than CONTRACTOR.

c. The procedure for review by UTILITIES will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as UTILITIES may decide is appropriate under the circumstances.

d. CONTRACTOR shall first make written application to UTILITIES’ Representative for review of a proposed substitute item of material or

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equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR’s achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Agreement Documents (or in the provisions of any other direct contract with UTILITIES for Work on the project) to adapt the design to the proposed substitute item, and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the applica- tion, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by UTILITIES in evaluating the proposed substitute item. UTILITIES may require CONTRACTOR to furnish additional data about the proposed substitute item.

B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Agreement Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of con- struction approved by UTILITIES. CONTRACTOR shall submit sufficient information to allow UTILITIES, in UTILITIES’ sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Agreement Documents. The procedure for review by UTILITIES will be similar to that provided in subpara- graph 6.05.A.2.d.

C. UTILITIES’ Evaluation: UTILITIES will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. UTILITIES will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until UTILITIES’ review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” UTILITIES will advise CONTRACTOR in writing of any negative determination.

D. Additional Guarantee: UTILITIES may require CONTRACTOR to furnish at CONTRACTOR’s expense an additional or special performance guarantee or other surety with respect to any substitute.

E. UTILITIES’ Cost Reimbursement: UTILITIES’ Representative will record time required by UTILITIES and UTILITIES’ Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Agreement Documents (or in the provisions of any other direct contract with UTILITIES for work on the project) occasioned thereby. Whether or not UTILITIES approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR may be required to reimburse UTILITIES for the

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charges of UTILITIES and UTILITIES’ Consultants for evaluating each such proposed substitute.

F. CONTRACTOR’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-equal” at CONTRACTOR’s expense.

6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS

A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to UTILITIES as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom UTILITIES may have reasonable objection. CONTRACTOR shall not be required to employ any subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.

B. CONTRACTOR and UTILITIES has agreed upon the identity of certain Subcontractors, Suppliers, or other individuals or entities. In the event a replacement is deemed advisable, CONTRACTOR shall submit for UTILITIES approval an acceptable replacement subcontractor, Supplier, or other individual or entity without a change in bid price. No acceptance by UTILITIES of any such subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of UTILITIES to reject defective Work.

C. CONTRACTOR shall be fully responsible to UTILITIES for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. Nothing in the Agreement Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship be- tween UTILITIES and any such Subcontractor, Supplier, or other individual or entity, nor shall it create any obligation on the part of UTILITIES to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

D. CONTRACTOR shall be solely responsible for scheduling and coordinating Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR.

E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with UTILITIES through CONTRACTOR.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier, which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Agreement Documents for the benefit of

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UTILITIES and UTILITIES’ Representative. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.03, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the subcontractor or Supplier waives all rights against UTILITIES, CONTRACTOR, UTILITIES’ Representative , UTILITIES’ Consultants, and all other individuals or entities identified herein to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same.

H. The CONTRACTOR agrees to include in first-tier subcontracts and any lower-tier subcontracts designated by UTILITIES’ Representative under this Agreement a clause to the effect that the City's Internal Auditor, or a duly authorized representative from the City, shall, until three (3) years after final payment under the subcontract, have access to and the right to examine any of the subcontractor's directly relevant books, documents, papers, or other records involving transactions related to the subcontract. "Subcontract," as used in this clause, excludes (1) purchase orders not exceeding $10,000 and (2) subcontracts or purchase orders for public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection charge.

6.07 PATENT FEES AND ROYALTIES

CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Agreement Documents for use in the performance of the Work and if to the actual knowledge of UTILITIES its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by UTILITIES in the Agreement Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless UTILITIES, UTILITIES’ Consultants, the City of Colorado Springs and the City Councils, Utilities Boards, officers, directors, partners, representatives, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses and damages, causes of action, or liability of any nature (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Agreement Documents.

6.08 CONSTRUCTION AND ENVIRONMENTAL PERMITS

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A. CONTRACTOR shall obtain and pay for all construction and environmental permits and licenses. UTILITIES shall assist CONTRACTOR, when necessary, in providing information and obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Solicitation Reponses, or, if there are no Solicitation Responses, on the Effective Date of the Agreement. UTILITIES shall pay all charges of services normally provided by UTILITIES for connections to the Work.

B. If UTILITIES determines that additional environmental permits are required, CONTRACTOR shall immediately obtain and pay for such additional environmental permits. CONTRACTOR shall be responsible for transferring environmental permits to UTILITIES in a timely manner, as applicable. CONTRACTOR shall pay for all fees and costs related to each permit transfer.

C. CONTRACTOR shall be licensed and authorized to conduct the Work per State and local requirements. CONTRACTOR shall assure compliance with all environmental permit conditions relevant to the Work, regardless of whether the permitee is the CONTRACTOR or UTILITIES, as well as all local, State, and Federal environmental permitting Laws and Regulations. UTILITIES reserves the right to suspend Work and/or withhold payments to CONTRACTOR in the event of material noncompliance with the foregoing requirements. The CONTRACTOR shall bear all claims, losses, and damages, including, but not limited to, all fees and charges of attorneys and other professionals and all court or other dispute resolution costs arising out of or relating to environmental permitting.

6.09 LAWS AND REGULATIONS

A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, UTILITIES and UTILITIES’ Representative shall not be responsible for monitoring CONTRACTOR’s compliance with any Laws or Regulations.

B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR’s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR’s obligations under paragraph 3.03.

C. Changes in Laws or Regulations not known or foreseeable at the time of opening of Solicitation Responses (or, on the Effective Date of the Agreement if there were no Solicitation Responses) having an effect on the cost or time of performance of the Work may be subject of a claim under Article 10.

D. Compliance with C.R.S. Sec. 8-17.5.101. Pursuant to Colorado Revised Statutes Section 8-17.5-101, CONTRACTOR certifies that CONTRACTOR shall comply with

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the provisions of C.R.S. Sec. 8-17.5-101 et seq. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. CONTRACTOR represents, warrants, and agrees that it (i) has confirmed that it does not employ any illegal aliens, either through participation in the eVerify program administered by the Social Security Administration and Department of Homeland Security or by means of the Department of Labor program, and (ii) otherwise will comply with the requirements of C.R.S. Sec. 8-17.5-102(2)(b) and other applicable Laws and Regulations. CONTRACTOR shall comply with all reasonable requests made in the course of an investigation under C.R.S. Sec. 8- 17.5-102 by the Colorado Department of Labor and Employment. If CONTRACTOR fails to comply with any requirement of this provision or C.R.S. Sec. 8-17.5-101 et seq., UTILITIES may terminate this contract for breach.

6.10 USE OF SITE AND OTHER AREAS

A. Limitation on Use of Site and Other Areas

1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Any items of equipment or other special needs regarding storage of materials or equipment shall be addressed in Supplemental Conditions.

2. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner, occupant, or any third party, because of the performance of the Work, CONTRACTOR, at CONTRACTOR’s sole expense, shall promptly settle with such other party by negotiation or otherwise resolve the claim or other dispute resolution proceeding or as otherwise set forth in the easement, license or right-of-way agreement or at law.

3. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify, defend, and hold harmless UTILITIES, UTILITIES’ Consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against UTILITIES, or any other party indemnified hereunder to the extent caused by, resulting from or based upon CONTRACTOR’s performance

B. CONTRACTOR shall neither load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

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C. During the performance of the Construction, CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. All excess fill materials or those that are unsuitable for use as backfill on the Site shall be transported to and disposed of at a site or facility that has been approved for the disposal of such material by all applicable regulatory authorities. CONTRACTOR shall provide UTILITIES with proof of disposal of all such material at an approved site or facility.

D. At the completion of the Construction, CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. CONTRACTOR shall leave the Site clean and ready for occupancy by UTILITIES at the time of Substantial Completion. CONTRACTOR shall restore to original condition all property not designated for alteration by the Agreement Documents.

6.11 RECORD DOCUMENTS

CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, and Work Change Directives, in good order and annotated to show all changes made during construction. These record documents together with all approved Submittals will be available to UTILITIES at any time for reference. Upon completion of the Work, these record documents and Submittals, including a reproducible set of signed record drawings, will be delivered to UTILITIES in the format and number specified in the Agreement Documents.

6.12 SAFETY AND PROTECTION

A. CONTRACTOR shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall submit to UTILITIES an acceptable safety plan for review prior to commencement of Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on or about the Site or who may be affected by the Work;

2. All Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including buildings, real property, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. Notwithstanding the foregoing, UTILITIES reserves the right to direct the CONTRACTOR to stop work and correct an unsafe condition at any time that any person present at the job site identifies any unsafe condition or action. For this purpose only, any person at the job site is authorized to act on behalf of UTILITIES

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but such intermittent delay shall not be grounds for an increase in the Agreement Price or the Agreement Times.

B. CONTRACTOR shall comply with applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform r furnish any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of UTILITIES, UTILITIES’ Representative or UTILITIES’ Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any subcontractor, Supplier, or other individual or entity directly or indirectly em- ployed by any of them). CONTRACTOR’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and UTILITIES has issued a notice to CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

C. Upon request from UTILITIES, CONTRACTOR shall provide copies of training documentation required by Codes, Standards, Laws, and Regulations.

6.13 SAFETY REPRESENTATIVE

CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety plans and programs.

6.14 HAZARD COMMUNICATION PROGRAMS

CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers and/or employees at the Site in accordance with Laws or Regulations.

6.15 EMERGENCIES

In emergencies affecting the safety or protection of persons or the Work, property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent possible or actual injury, or loss. If an emergency occurs, CONTRACTOR shall notify UTILITIES’ Representative immediately, and provide written documentation of the emergency within twenty-four (24) hours. CONTRACTOR shall give UTILITIES’ Representative prompt written notice if CONTRACTOR believes that any significant changes in the Work or

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variations from the Agreement Documents have been caused thereby or are required as a result thereof. If UTILITIES determines that a change in the Agreement Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order may be issued. CONTRACTOR shall use reasonable efforts to utilize appropriately trained personnel to respond to such emergencies.

6.16 SHOP DRAWINGS AND SAMPLES

A. CONTRACTOR shall submit Shop Drawings to UTILITIES for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as UTILITIES may require and in the number of copies specified by UTILITIES. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show UTILITIES the services, materials, and equipment CONTRACTOR proposes to provide and to enable UTILITIES to review the information for the limited purposes required by paragraph 6.16.E.

B. CONTRACTOR shall also submit Samples to UTILITIES for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as UTILITIES may require to enable UTILITIES to review the submittal for the limited purposes required by paragraph 6.16.E. The numbers of each Sample to be submitted will be as specified in the Specifications.

C. Where a Shop Drawing or Sample is required by the Agreement Documents or the approved schedule of Shop Drawings and Sample submittals, any related Work performed prior to UTILITIES’ review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR.

D. Submittal Procedures

1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified:

a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work;

c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and

d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Agreement Documents.

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2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR’s obligations under the Agreement Documents with respect to CONTRACTOR’s review and approval of that submittal.

3. At the time of each submittal, CONTRACTOR shall give UTILITIES specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Agreement Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to UTILITIES for review and approval of each such variation. E. UTILITIES’ Review

1. UTILITIES will review and approve or accept Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to UTILITIES. UTILITIES’ review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Agreement Documents and be compatible with the design concept of the completed Work as a functioning whole as indicated by the Agreement Documents.

2. UTILITIES’ review and acceptance will not extend to means, methods, tech- niques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Agreement Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions.

3. UTILITIES’ review and acceptance of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the require- ments of the Agreement Documents unless CONTRACTOR has in writing called UTILITIES’ attention to each such variation at the time of each submittal as re- quired by paragraph 6.16.D.3 and UTILITIES has given written approval of each such variation by specific written notation thereof incorporated in or accompany- ing the Shop Drawing or Sample approval; nor will any approval and/or acceptance by UTILITIES relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.16.D.1.

F. Resubmittal Procedures

1. CONTRACTOR shall make corrections required by UTILITIES and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by UTILITIES on previous submittals.

6.17 CONTINUING THE WORK

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CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with UTILITIES. No Work shall be delayed or postponed pending resolution of any disputes or disagreements except as UTILITIES and CONTRACTOR may otherwise agree in writing or otherwise provided for by this Agreement.

6.18 CONTRACTOR’S GENERAL WARRANTY AND GUARANTEE

A. CONTRACTOR warrants and guarantees to UTILITIES and UTILITIES’ Consultants that all Work is performed in a professional, competent, good and workmanlike manner in the best interests of UTILITIES, with high professional standards and in strict compliance with the provisions of the Agreement Documents and all Laws and Regulations, that the finished Work shall be fit for its intended use, compatible with the Project and that the Work shall be first-class in every particular, free from defects in design, materials, and workmanship. CONTRACTOR further warrants that all materials, equipment, and supplies, to the maximum extent reasonably possible unless otherwise approved by UTILITIES in writing, shall be new, merchantable, and of the most suitable grade and fit for their intended purposes, which warranties shall be transferable to UTILITIES, and further shall furnish satisfactory evidence to UTILITIES as to the kind and quality of the materials and equipment incorporated into the Work. Any professional services supplied by CONTRACTOR as part of the Work shall be performed in accordance with generally accepted standards and practices and free from error. CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, suppliers; or

2. normal wear and tear under normal usage.

B. CONTRACTOR warrants and guarantees the Work for a period of one (1) year from the date of Substantial Completion. Without limitation of any other rights or remedies of UTILITIES, if any defect in the Work in violation of the foregoing warranties arises or the Work is determined by UTILITIES not to have been completed in accordance with the Agreement Documents, the CONTRACTOR shall, upon receipt of written notice of such defect, promptly furnish, at no cost to UTILITIES, design and engineering, labor, equipment, and materials necessary to correct such defect and cause the Work to comply fully with the foregoing warranties and Agreement Documents. This obligation shall survive both Final Completion of and Final Payment for the Work. UTILITIES shall not be invoiced for any of costs of warranty work, the Warranty Reserve may not be accessed, and CONTRACTOR shall not be entitled to submit any Claim for an increased fee arising therefrom. None of the following will constitute a waiver of Warranty for Work that is not in accordance with the Agreement Documents or a release of CONTRACTOR’s obligation to perform the Work in accordance with the Agreement Documents:

1. observations by UTILITIES;

2. recommendations by UTILITIES’ Representative or payment by UTILITIES of any progress or final payment;

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3. the issuance of a certificate of Substantial Completion by UTILITIES or any payment related thereto by UTILITIES;

4. use or occupancy of the Work or any part thereof by UTILITIES;

5. any acceptance by UTILITIES or any failure to do so;

6. any review and approval of a Shop Drawing or Sample submittal;

7. any inspection, test, or approval by others; or

8. any correction of defective Work by UTILITIES.

6.19 INDEMNIFICATION

A. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless UTILITIES, UTILITIES’ Representative, including the Program Manager, UTILITIES’ Consultants, the City of Colorado Springs and the City Council, Utilities Board, its officers, directors, partners, representatives, employees, agents, and other consultants and subcontractors of each and any of them for, from, and against all claims, costs, losses, damages, causes of action, or liability of any nature (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage:

1. is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and

2. is caused in whole or in part by any willful misconduct or negligent, reckless or tortious act or omission of CONTRACTOR, any subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable for any reason.

B. In any and all claims against UTILITIES or any of the Colorado Springs City Council, Utilities Board, consultants, agents, officers, directors, partners, representatives, or employees which are brought by any employee of CONTRACTOR, any subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work (or the survivor or personal representative of such person), or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.19.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of CONTRACTOR under paragraph 6.19.A shall not extend to the liability of UTILITIES’ Representative and UTILITIES’ Consultants or to

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the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of:

1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications;

2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or

3. delays caused in whole or in part by acts or omissions within the control of UTILITIES or separate contractors acting on behalf of UTILITIES.

6.20 HAZARDOUS SUBSTANCES/WASTE

A. CONTRACTOR, subcontractors, suppliers, or anyone else for whom CONTRACTOR is responsible, shall not bring PCBs, asbestos, asbestos containing material, or hazardous waste to the Site. Asbestos-containing material may be brought to the Site only as part of equipment used to perform the Work, provided it is not damaged or exposed. The CONTRACTOR, its Subcontractors, suppliers, or any other party for whom CONTRACTOR is responsible shall give written notice to UTILITIES of any materials containing asbestos which will become any component of the Work; such notice may constitute rejections of such materials by UTILITIES. Radioactive material may not be brought to the Site without prior notification, methods of transit, and proof of licensed radioactive material usage that is in full and complete compliance with OSHA and the State of Colorado regulations to UTILITIES as part of equipment used to perform the Work.

B. All chemical cleaning agents identified as hazardous materials and any filtration, handling materials or such surfaces associated with the work process in the prosecution of the Work shall be disposed of in accordance with OSHA requirements for such disposal. The CONTRACTOR, subcontractors, suppliers, or any other party for whom the CONTRACTOR is responsible shall submit Material Data Sheets for any and all hazardous materials used in the prosecution of the Work.

C. At the completion of the Work, CONTRACTOR shall ensure that all hazardous substances and hazardous materials brought to or generated at the Site by CONTRACTOR, subcontractors, suppliers or anyone else for whom CONTRACTOR is responsible are removed from the Site in accordance with OSHA regulations for such removal and transit to regulation approved offsite repository. All documentation of proper disposal shall be submitted to UTILITIES as proof of disposal in accordance with regulation.

D. CONTRACTOR shall maintain records of licenses and certifications so required by OSHA and the State of Colorado for CONTRACTOR and any and all Subcontractors, suppliers, or anyone else for whom CONTRACTOR is responsible for handling of hazardous waste.

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6.21 HAZARDOUS SUBSTANCE OR HAZARDOUS MATERIAL RELEASE TO THE SITE

If a hazardous substance or hazardous material is spilled, leaked or otherwise released to the environment or Site, by CONTRACTOR, Subcontractors, suppliers or anyone else for whom CONTRACTOR is responsible, CONTRACTOR will take immediate steps, in compliance with OSHA requirements, to secure or otherwise isolate such condition, notify UTILITIES and contain and clean up any such hazardous substance or hazardous material using only employees or subcontractors who have been properly trained in accordance with OSHA requirements for hazardous waste operations and emergency response. CONTRACTOR is responsible for making all notifications and complying with all regulatory requirements related to such an incident. Any waste generated as a result of a spill, leak, or other release to the environment or Site by CONTRACTOR, Subcontractors, suppliers or anyone else for whom CONTRACTOR is responsible shall become the property of CONTRACTOR and shall be disposed of in accordance with all applicable requirements. In addition to cleanup and disposal costs, CONTRACTOR is responsible for all costs associated with hazardous waste contamination of any individuals, property, equipment, and/or businesses affected, demobilization, remobilization, and all other costs, claims, losses, and damages, including but not limited to attorney fees and litigation costs as well as fines and penalties, incurred by UTILITIES as a result of any hazardous substance or hazardous material that is spilled, leaked or otherwise released to the environment or Site by CONTRACTOR, Subcontractors, suppliers or anyone else for whom CONTRACTOR is responsible.

6.22 STORAGE OF BULK PETROLEUM PRODUCTS

CONTRACTOR must store all bulk petroleum products such as bulk fuel or bulk lubricants in secured locations. In addition, CONTRACTOR shall provide UTILITIES with a Spill Prevention Control and Countermeasure (“SPCC”) Plan, for all such petroleum products, prepared in accordance with Federal requirements and all other applicable laws and regulations regardless of quantity.

6.23 ENVIRONMENTAL CONCERNS

A. CONTRACTOR must store all bulk petroleum products such as bulk fuel or bulk lubricants in secured locations. In addition, CONTRACTOR shall provide UTILITIES with a Spill Prevention Control and Countermeasure (“SPCC”) Plan, for all such petroleum products, prepared in accordance with Federal requirements regardless of quantity.

B. The CONTRACTOR, subcontractors, suppliers, or any other party for whom CONTRACTOR is responsible shall be responsible for removal of any soils contaminated with petroleum products in accordance with applicable regulations to an offsite repository and shall submit such proof of disposal to UTILITIES.

6.24 ENVIRONMENTAL REPRESENTATIVE

CONTRACTOR shall designate a qualified and experienced environmental representative at the Site whose duties and responsibilities shall be to maintain best

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management practices and ensure compliance with environmental Laws and Regulations as well as environmental permit conditions.

ARTICLE 7 - WORK BY OTHERS

7.01 RELATED CONSTRUCTION WORK AT SITE

A. UTILITIES may perform other work related to the Project at the Site by UTILITIES’ own employees, or let other direct contracts or have other work performed by utility owners and written notice thereof will be given to CONTRACTOR by UTILITIES prior to starting any such other work. CONTRACTOR shall not be relieved of any obligations to perform the Work in accordance with the Agreement Documents and in no event shall CONTRACTOR be entitled to make any claim arising from the presence of others on the Site or the activities surrounding coordination of activities to meet the Agreement Price and the Agreement Times.

B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and UTILITIES, if UTILITIES is performing the additional work with UTILITIES’ employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the construction. Unless otherwise provided in the Agreement Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of UTILITIES and the others whose work will be affected. .

C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed or services provided by others under this Article 7, CONTRACTOR shall inspect such other work and appropriate instruments of service and promptly report to UTILITIES in writing any delays, defects or deficiencies in such other work or services that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work.

D. CONTRACTOR shall cooperate with others on or near the Project site so that any of the work performed under a joint occupancy condition will progress with a minimum of delay due to interference. CONTRACTOR shall notify UTILITIES of the conditions and time schedule for operations, which require coordination with others. CONTRACTOR shall, at all times take the necessary measures to prevent damage to existing work and to minimize interference or interruption to the operations of UTILITIES or its separate contractors. The CONTRACTOR shall coordinate the work of the Subcontractors, and coordinate with separate contractors on the Project and shall keep the Subcontractors and UTILITIES informed of the program schedule to enable the Subcontractors and separate contractors to timely plan and perform the Work properly. The CONTRACTOR will keep UTILITIES informed of the program schedule and designate within the program schedule when work to be performed by

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a separate contractor may begin and, if the Work is dependent on completion of work by a separate contractor, when such work must be complete.

E. CONTRACTOR’s responsibilities with regard to such other Work shall be as follows:

1. If CONTRACTOR causes damage to the Work or property of any third party at the Site, or should any claim arising out of or resulting from CONTRACTOR’s performance of the Work at the Site be made by any third party, against CONTRACTOR, UTILITIES, UTILITIES’ Representatives, UTILITIES’ Consultants or any other person, CONTRACTOR shall promptly attempt to settle with such third party by negotiation, or to otherwise resolve the dispute by other dispute resolution proceeding, or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify, defend, and hold UTILITIES, UTILITIES’ Representatives and UTILITIES’ Consultants and the officers, directors, employees, agents, and other consultants of each and any of them harmless from and against all claims, costs, losses and damages, (including, but not limited to, all fees and charges of UTILITIES’ architects, attorneys and other professionals and all court or other dispute resolution costs) arising directly, indirectly or consequentially out of or resulting from any action, legal or equitable, brought by a third party against UTILITIES, UTILITIES’ Representatives, or UTILITIES’ Consultants or the officers, directors, employees, agents, or other consultants of each and any of them to the extent based on a claim caused by, arising out of, or resulting from CONTRACTOR’s performance of the Work.

2. If a third party causes damage to the Work or property of CONTRACTOR or should the performance of Work by any third party at the Site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against UTILITIES, UTILITIES’ Representative, or UTILITIES’ Consultants or the officers, directors, employees, agents, or other consultants of each and any of them or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any mediator which seeks to impose liability on or to recover damages from UTILITIES, UTILITIES’ Representatives, or UTILITIES’ Consultants or the officers, directors, employees, agents, or other consultants of each and any of them on account of any such damage or claim.

3. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of such third party and UTILITIES and CONTRACTOR are unable to agree as to the extent of any adjustment in Agreement Times attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Article 9. An extension of the Agreement Times shall be CONTRACTOR’s exclusive remedy with respect to UTILITIES, UTILITIES’ Representative, or UTILITIES’ Consultants or the officers, directors, employees, agents, or other consultants of each and any of them for any delay, disruption, interference, or hindrance caused by any such third party. This Article does not prevent recovery from UTILITIES, UTILITIES’ Representative, or UTILITIES’ Consultants or the officers, directors, employees, agents, or other consultants of each and any of them for activities that are their respective responsibilities

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ARTICLE 8 - UTILITIES’ RESPONSIBILITIES

8.01 COMMUNICATIONS TO CONTRACTOR

Except as otherwise provided in the Agreement Documents, UTILITIES shall issue all communications to CONTRACTOR through UTILITIES’ Representative.

8.02 REPLACEMENT OF UTILITIES’ REPRESENTATIVE

In the event that an identified individual’s employment is terminated or he is she is unable to perform the role of UTILITIES’ Representative, UTILITIES shall replace UTILITIES’ Representative; such replacement shall assume the full status under the Agreement Documents of the former UTILITIES’ Representative.

8.03 FURNISH DATA

UTILITIES shall promptly furnish the data required of UTILITIES under the Agreement Documents.

8.04 PAY PROMPTLY WHEN DUE

UTILITIES shall make uncontested payments to CONTRACTOR when they are due as provided in paragraphs 14.02 and 14.07.

8.05 LANDS AND EASEMENTS; REPORTS AND TESTS

UTILITIES’ duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to UTILITIES’ identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized in preparing the Agreement Documents and that are in UTILITIES’ actual possession.

8.06 LIMITATIONS ON UTILITIES’ RESPONSIBILITIES

UTILITIES shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. UTILITIES will not be responsible for CONTRACTOR’s failure to perform the Work in accordance with the Agreement Documents.

8.07 APPROPRIATION OF FUNDS

A. In accord with the City Charter, performance of UTILITIES’ obligations under this Agreement is expressly conditioned upon appropriation of funds by the City Council. In the event that funds are not appropriated in whole or in part sufficient for performance of UTILITIES’ obligations under this Agreement, or appropriated funds

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may not be expended due to City Charter spending limitations, then this Agreement shall thereafter become null and void by operation of law, and UTILITIES shall thereafter have no liability for compensation or damages to CONTRACTOR in excess of UTILITIES’ authorized appropriation for this Agreement or the applicable spending limit, whichever is less. UTILITIES shall notify CONTRACTOR as soon as reasonably possible in the event of non-appropriation or in the event a spending limitation becomes applicable.

B. The funds appropriated for this Agreement are equal to or exceed the cash flow projection for the amount for the year in which this Agreement was awarded. For work to be completed in subsequent fiscal years, if any, UTILITIES will notify CONTRACTOR of the appropriation of funds for such work after the adoption of UTILITIES’ annual appropriation ordinance for those years.

C. CONTRACTOR and UTILITIES agree and acknowledge as a part of this Agreement, that no change order or other form or order or directive may be issued by UTILITIES which requires additional compensation for work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for this Agreement as listed above, unless CONTRACTOR has been given a written assurance by UTILITIES that lawful appropriations to cover the cost of the additional work have been made or unless such work is covered under a remedy-granting provision in this Agreement.

ARTICLE 9 - UTILITIES’ Representative AUTHORITY

9.01 UTILITIES’ REPRESENTATIVE RESPONSIBILITIES AND AUTHORITY

A. UTILITIES will designate a UTILITIES’ Representative during the construction period. The duties and responsibilities and the limitations of authority of UTILITIES’ Representative during construction are set forth in the Agreement Documents and will not be changed without notice to CONTRACTOR. B. UTILITIES will direct ENGINEER to provide reviews and make recommendations to UTILITIES’ Representative during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER during construction are set forth in the Agreement Documents and in ENGINEER’S Professional Services Agreement with UTILITIES and will not be changed without written consent of UTILITIES.

9.02 VISITS TO SITE

A. UTILITIES’ Representative and ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as UTILITIES’ Representative and/or ENGINEER deems necessary in order to observe the progress that has been made and the quality of the various aspects of CONTRACTOR’s executed Work. Based on information obtained during such visits and observations, UTILITIES’ Representative and ENGINEER, for the benefit of UTILITIES, will determine, in general, if the Work is proceeding in accordance with the Agreement Documents. Neither UTILITIES’ Representative nor ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. UTILITIES REPRESENTATIVE’s and ENGINEER’s efforts will be directed

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toward providing for UTILITIES a greater degree of confidence that the completed Work will conform generally to the Agreement Documents. Based on such visits and observations, UTILITIES’ Representative and ENGINEER will keep UTILITIES informed of the progress of the Work and will endeavor to guard UTILITIES against defective Work.

B. UTILITIES REPRESENTATIVE’s and ENGINEER’s visits and observations are subject to all the limitations on UTILITIES REPRESENTATIVE’s and ENGINEER’s authority and responsibility set forth in paragraph 9.08. Neither UTILITIES’ Representative nor ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work.

9.03 CLARIFICATIONS AND INTERPRETATIONS

UTILITIES’ Representative will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Agreement Documents as UTILITIES may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Agreement Documents. Such written clarifications and interpretations will be binding on UTILITIES and CONTRACTOR. If UTILITIES and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Agreement Price or Agreement Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05.

9.04 AUTHORIZED VARIATIONS IN WORK

UTILITIES’ Representative may authorize minor variations in the Work from the requirements of the Agreement Documents that do not involve an adjustment in the Agreement Price or the Agreement Times and are compatible with the design concept of the completed Work as a functioning whole as indicated by the Agreement Documents. These may be accomplished by a Work Change Directive and will be binding on UTILITIES and on CONTRACTOR, who shall perform the Work involved promptly. When Work Change Directives are issued, they shall be compiled in a Change Order within ninety (90) days following issuance. If UTILITIES and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Agreement Price or Agreement Times, or both, as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05.

9.05 REJECTING DEFECTIVE WORK

UTILITIES’ Representative will have authority to disapprove or reject Work that UTILITIES’ Representative believes to be defective, or that UTILITIES’ Representative believes will not produce a completed Work that conforms to the Agreement Documents or that will prejudice the integrity of the design concept of the completed Work as a functioning whole as indicated by the Agreement Documents. UTILITIES’

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Representative will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed.

9.06 DETERMINATIONS FOR UNIT PRICE WORK

If the Agreement Documents call for any Unit Price Work, UTILITIES’ Representative will determine the actual quantities and classifications of Unit Price Work completed by CONTRACTOR. UTILITIES’ Representative will review with CONTRACTOR UTILITIES’ Representative’s preliminary determinations on such matters before rendering a written decision thereon in connection with an Application for Payment or for any other purpose called for by this Agreement. UTILITIES’ Representative’s written decision thereon will be final and binding upon UTILITIES and CONTRACTOR, subject to the provisions of paragraph 10.05.

9.07 DECISIONS ON REQUIREMENTS OF AGREEMENT DOCUMENTS AND ACCEPTABILITY OF WORK A. UTILITIES’ Representative will be the initial interpreter of the requirements of the Agreement Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the accountability or acceptability of the Work or the interpretation of the requirements of the Agreement Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Agreement Price or Agreement Times will be referred initially to UTILITIES’ Representative in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to UTILITIES’ Representative and other party to the Agreement promptly as required by Article 10.05.A. Any responses to the claim, dispute, other matter, or any supporting data related thereto shall be submitted as also set forth in Article 10.05.A, (unless UTILITIES’ Representative allows additional time). UTILITIES’ Representative will render a formal decision in writing as is also provided in Article 10.05.A.

B. UTILITIES’ Representative’s written decision on such claim, dispute, or other matter will be final and binding upon UTILITIES and CONTRACTOR unless, within thirty (30) days after issuance of UTILITIES’ Representative’s written decision, either Party appeals the decision by giving the other Party and UTILITIES’ Representative written notice of request for dispute resolution pursuant to Article 10.05, or otherwise as set forth in Article 10.05.B.

C. If agreed by the Parties to the dispute, further resolution may first be attempted by means of executive negotiation rather than immediate resort to Article 10.05 dispute resolution, without waiving any rights hereunder, so long as such agreement to so proceed is reached and documented in writing within the time that the notice of request for Article 10.05 dispute resolution would otherwise be due. If executive negotiation does not resolve the dispute within sixty (60) days of the date of the written agreement to proceed by executive negotiation, then any Party remaining dissatisfied with UTILITIES’ Representative’s initial decision must give written notice of resort to Article 10.05 dispute resolution no later than the seventieth (70th) day

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after the date of the agreement to proceed by executive negotiation. In the absence of such request, UTILITIES’ Representative’s decision shall be final.

D. ENGINEER will be the initial interpreter of the requirements of the Specifications and Drawings, and shall promptly advise both UTILITIES’ Representative and CONTRACTOR as to his or her clarifications and interpretations. Upon approval by UTILITIES’ Representative, such written clarifications and interpretations will be binding on UTILITIES and CONTRACTOR.

9.08 LIMITATIONS ON UTILITIES REPRESENTATIVE’S AND ENGINEER’S AUTHORITY AND RESPONSIBILITIES

A. Neither UTILITIES’ Representative’s authority or responsibility under this Article 9 or under any other provision of the Agreement Documents nor any decision made by UTILITIES’ Representative in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by UTILITIES’ Representative shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by UTILITIES to CONTRACTOR, any subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

B. UTILITIES’ Representative will not be responsible for the acts or omissions of CONTRACTOR or of any subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

C. UTILITIES’ Representative will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. UTILITIES’ Representative will not be responsible for CONTRACTOR’s failure to perform the Work in accordance with the Agreement Documents.

D. UTILITIES’ Representative’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, scheduled, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required by paragraph 14.07.A to be delivered will only be to determine generally that their content or results conforms to the requirements of the Agreement Documents.

E. The limitations upon authority and responsibility set forth in this paragraph 9.08 shall also apply to UTILITIES’ Consultants and UTILITIES’ Representative’s assistants.

F. Neither ENGINEER’s authority or responsibility under this Article 9 or under any other provision of the Agreement Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

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G. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR’s failure to perform the Work in accordance with the Agreement Documents. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

ARTICLE 10 - CHANGES IN THE WORK; CLAIMS

10.01 AUTHORIZED CHANGES IN THE WORK

A. Without invalidating the Agreement and without notice to any surety, UTILITIES may, at any time or from time to time, order additions, deletions, or revisions in the Work within the general scope of the Agreement by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable provisions of the Agreement Documents, except as otherwise specifically provided.

B. UTILITIES may, in anticipation of possibly ordering an addition, deletion, or revision to the Work, request CONTRACTOR to prepare a proposal of cost and times to perform UTILITIES’ contemplated changes in the Work. UTILITIES is not responsible for any cost incurred by CONTRACTOR associated with the preparation of the proposal. CONTRACTOR’s written proposal shall be transmitted to UTILITIES’ Representative promptly, but not later than fourteen (14) days after CONTRACTOR’s receipt of UTILITIES’ written request and shall remain a firm offer for a period not less than forty-five (45) days after receipt thereof. CONTRACTOR is not authorized to proceed on a UTILITIES-contemplated change in the Work prior to CONTRACTOR’s receipt of an executed Change Order or Work Change Directive incorporating such change into the Work.

C. Notwithstanding the foregoing, however, and in accord with C.R.S. § 24-91-103.6 (2)(c), if CONTRACTOR has provided UTILITIES a cost estimate in response to a Work Change Directive, then UTILITIES shall periodically reimburse CONTRACTOR’s costs incurred pursuant to a Work Change Directive that adds compensable work to the contract until the Change Order or Amendment has been finalized.

D. If UTILITIES and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, of an adjustment, if any in the Agreement Price or Agreement Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made for that as provided in paragraph 10.05.

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10.02 UNAUTHORIZED CHANGES IN THE WORK

CONTRACTOR shall not be entitled to an increase in the Agreement Price or an extension of the Agreement Times with respect to any Work performed that is not required by an amendment, modification, or supplement to the Agreement Documents as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.15 or in the case of uncovering Work as provided in paragraph 13.04.B. Any Work that is to be done pursuant to a Change Order but which is commenced prior to execution of a Change Order is at risk to be unauthorized work; Change Orders must be executed within thirty (30) days of commencement except when Work is covered by a Work Change Directive (in which case a Change Order incorporating the Work Change Directive) must be executed within ninety (90) days of the issuance of Work Change Directive).

10.03 EXECUTION OF CHANGE ORDERS

A. UTILITIES and CONTRACTOR shall agree upon and execute appropriate Change Orders (or Written Amendments) covering:

1. changes in the Work which are: (i) ordered by UTILITIES pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or UTILITIES’ correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties;

2. changes in the Agreement Price or Agreement Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and the substantiating documents for a change in Agreement Times shall include documentation of the nature and cause of any delay(s) and;

3. changes in the Agreement Price or Agreement Times which embody the substance of any written decision rendered by UTILITIES’ Representative pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accor- dance with the provisions of the Agreement Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.17.A.

B. In signing a Change Order, UTILITIES and CONTRACTOR acknowledge and agree that:

1. the stipulated compensation (Agreement Price or Agreement Times, or both) set forth in the Change Order includes payment for (i) the Cost of the Work covered by the Change Order, (ii) CONTRACTOR’s fee for the overhead and profit, (iii) interruption of progress schedules, (iv) delay and impact, including cumulative impact, on other Work under the Agreement Documents, and (v) extended overhead;

2. the Change Order constitutes full mutual accord and satisfaction for the change to the Work;

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3. no reservation of rights to pursue subsequent claims on the Change Order will be made by either Party; and

4. no subsequent claim or, to the best of the Parties’ knowledge and belief formed after due review of all reasonable considerations, further amendment of the Agreement Documents will arise of or as a result of the Change Order.

10.04 NOTIFICATION TO SURETY

If notice of any change affecting the general scope of the Work or the provisions of the Agreement Documents (including, but not limited to, Agreement Price or Agreement Times) is required by the provisions of any Bond to be given to a surety, providing the notice will be CONTRACTOR’s responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any change. A copy of the notification of the change and of the surety’s change to the applicable bond shall be provided to UTILITIES.

10.05 CLAIMS AND DISPUTES

A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to UTILITIES’ Representative and the other party to the Agreement promptly, but in no event later than seven (7) days, after the start of the event giving rise to the Claim, dispute or other matter or its claim shall be forever barred, unless UTILITIES’ Representative allows additional time, in writing, for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter. The written notice shall include (i) a statement of the amount or extent of the Claim, dispute, or other matter, (ii) supporting data explaining the reason, amount, and /or extent of the Claim, dispute, or other matter and, (iii) a written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. “Supporting data” includes but is not limited to: daily diaries, schedules, timesheets, and receipts. Claimant’s failure to submit such supporting data shall be a waiver of any and all Claims related to the data. 1. Response: The opposing party shall submit any response to UTILITIES’ Representative and the claimant within thirty (30) days after receipt of the claimant’s submittal, unless UTILITIES’ Representative allows additional time in writing. If needed, the response shall also include any supporting data that the opposing party believes should be considered.

B. Representative’s Decision: UTILITIES’ Representative will render a formal decision in writing within sixty (60) days after receipt of the notice. UTILITIES’ Representative’s written decision on a Claim, dispute, or other matter will be final and binding upon UTILITIES and CONTRACTOR unless:

a. an appeal from UTILITIES’ Representative’s decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 9.03; or

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b. if no dispute resolution procedures have been set forth in Article 9.03, a written notice of intention to appeal UTILITIES’ Representative’s written decision is delivered by UTILITIES or CONTRACTOR to the other party within thirty (30) days after the date of a decision or a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within sixty (60) days after the date of any decision or within sixty (60) days after Substantial Completion, whichever is later (unless otherwise agreed in writing by UTILITIES and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to a Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If UTILITIES’ Representative does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing Party, if any.

D. UTILITIES shall not be liable for, and CONTRACTOR hereby waives, any claim or potential claim of CONTRACTOR which was not reported by CONTRACTOR in accordance with the provisions of this Article 9.02.

10.06 MEDIATION

If CONTRACTOR remains unsatisfied with the resolution of its claim, CONTRACTOR shall utilize the following procedures before initiating formal legal action in state or federal court:

A. If, within thirty (30) calendar days after completion of the Claim process outlined in Article 10.02, the parties have not succeeded in resolving the dispute, the CONTRACTOR shall provide notice of its intent to submit the dispute to non-binding mediation at its cost. B. The parties will jointly appoint a mutually acceptable mediator. If they fail to select a mutually acceptable mediation within twenty (20) calendar days from the receipt of notice from CONTRACTOR, they shall each select a mediator. The two mediators will then appoint, within ten (10) calendar days of their selection, a third mediator who shall, as the sole mediator, conduct mediation for the parties. C. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) calendar days. The substantive and procedural law of the State of Colorado shall apply to the proceedings.

D. If the parties are not successful in resolving the dispute through mediation, then the CONTRACTOR shall be free to litigate the matter and both parties agree that in the event of such litigation that the exclusive venue for such litigation shall be the El Paso County District Court for Colorado’s Fourth Judicial District, Colorado Springs, Colorado, and if necessary, for exclusive federal questions, the United States District Court for the District of Colorado.

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ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK

11.01 COST OF THE WORK

A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Agreement Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by UTILITIES, such costs shall be in amounts no higher than those prevailing in the locality of the Work, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B:

1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by UTILITIES and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unem- ployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or holidays, including New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, shall be included in the above to the extent authorized by UTILITIES.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless UTILITIES deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to UTILITIES. All trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment shall accrue to UTILITIES and CONTRACTOR shall make provisions so that they may be obtained.

3. Payments made by CONTRACTOR to subcontractors for Work performed by Subcontractors. If required by UTILITIES, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to UTILITIES and CONTRACTOR and shall deliver such bids to UTILITIES, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the subcontractor is to be paid on the basis of Cost of the Work plus a fee, the subcontractor’s Cost of the Work and fee shall be determined in the same manner as CONTRACTOR’s Cost of the Work and fee as provided in this paragraph 11.01.

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4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence ex- penses of CONTRACTOR’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, water, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR.

c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by UTILITIES with the advice of UTILITIES’ Representative and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, subject to paragraph 16.09 herein and for which CONTRACTOR is liable, imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.03), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Calculation of the amount of such losses shall reduce the amount of the loss by the value of any settlements obtained by CONTRACTOR with the written consent and approval of UTILITIES. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

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h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work.

i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim.

j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Agreement Documents to purchase and maintain.

B. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of CONTRACTOR’s officers, executives, principals (of partnerships and sole proprietorships), general managers, project managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR’s fee.

2. Expenses of CONTRACTOR’s principal and branch offices other than CONTRACTOR’s office at the Site.

3. Any part of CONTRACTOR’s financing expenses, including interest on CONTRACTOR’s capital employed for the Work and charges against CONTRACTOR for delinquent payments.

4. Costs due to the negligence of CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B.

C. CONTRACTOR’s Fee: (Not Applicable)

D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to UTILITIES an itemized cost breakdown together with supporting data.

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11.02 CASH ALLOWANCES

A. It is understood that CONTRACTOR has included in the Agreement Price all allowances so named in the Agreement Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to UTILITIES. CONTRACTOR agrees that:

1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. CONTRACTOR’s costs for unloading and handling on the Site, labor, installation costs, overhead profit, and other expenses contemplated for the allowances have been included in the Agreement Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

B. Prior to final payment, an appropriate Change Order will be issued as recommended by UTILITIES’ Representative to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Agreement Price shall be correspondingly adjusted.

11.03 UNIT PRICE WORK

A. Where the Agreement Documents provide that all or part of the Work is to be Unit Price Work, initially the Agreement Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Solicitation Responses and determining an initial Agreement Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by UTILITIES subject to the provisions of paragraph 9.06.

B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR’s overhead and profit for each separately identified item.

C. UTILITIES or CONTRACTOR may make a Claim for an adjustment in the Agreement Price in accordance with paragraph 10.05 if:

1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and

2. there is no corresponding adjustment with respect any other item of Work; and

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3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Agreement Price as a result of having incurred additional expense or UTILITIES believes that UTILITIES is entitled to a decrease in Agreement Price and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 12 - CHANGE OF AGREEMENT PRICE; CHANGE OF AGREEMENT TIMES

12.01 CHANGE OF AGREEMENT PRICE

A. The Agreement Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Agreement Price shall be based on written notice submitted by the Party making the Claim to UTILITIES and the other Party to the Agreement in accordance with the provisions of paragraph 10.05.

B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Agreement Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Agreement Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03); or

2. where the Work involved is not covered by unit prices contained in the Agreement Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or

3. where the Work involved is not covered by unit prices contained in the Agreement Documents and agreement to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR’s fee for overhead and profit (determined as provided in paragraph 12.01.C); or

4. Where the Work included is not covered by unit prices contained in the Agreement Documents, and mutual agreement cannot be reached between UTILITIES and CONTRACTOR under paragraph 12.01.B.2 and 12.01.B.3 above, then the adjustment to the Agreement price shall be determined by UTILITIES in its sole discretion. (Not Applicable)

C. CONTRACTOR’s Fee: The CONTRACTOR’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee not to exceed ten percent (10%); or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR’s fee shall be five percent (5%);

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b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the subcontractor who actually performs the Work, at whatever tier, will be paid a fee of five percent (5%) of the costs incurred by such subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier subcontractor and CONTRACTOR will each be paid a fee of five percent (5%) of the amount paid to the next lower tier subcontractor;

d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B;

e. the amount of credit to be allowed by CONTRACTOR to UTILITIES for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR’s fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.

12.02 CHANGE OF AGREEMENT TIMES

A. The Agreement Times (or Milestones) may only be changed by a Change Order or by a Written Amendment.

B. Any Claim for an adjustment in the Agreement Times (or Milestones) shall be based on written notice submitted by the Party making the claim to UTILITIES and the other Party to the Agreement in accordance with the provisions of paragraph 10.05. Any adjustment of the Agreement Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Agreement Times (or Milestones) will be determined in accordance with the provisions of this Article 12.

12.03 DELAYS BEYOND CONTRACTOR’S CONTROL

Where CONTRACTOR is prevented from completing any part of the Work within the Agreement Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Agreement Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefore as provided in paragraph 12.02.B. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by UTILITIES or UTILITIES’ Consultant, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God and must be recorded by CONTRACTOR on the daily log.

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12.04 DELAYS WITHIN CONTRACTOR’S CONTROL

The Agreement Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. Such delays shall entitle UTILITIES to withhold or delay any progress payment or final payment that becomes due.

12.05 DELAYS BEYOND UTILITIES’ AND CONTRACTOR’S CONTROL

Where CONTRACTOR is prevented from completing any part of the Work within the Agreement Times (or Milestones) due to delay beyond the control of both UTILITIES and CONTRACTOR, including delays stated in 15.01.A, an extension of the Agreement Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR’s sole and exclusive remedy for such delay.

12.06 DELAY DAMAGES

A. In no event shall UTILITIES or UTILITIES’ Consultants be liable to CONTRACTOR, any subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from:

1. delays caused by or within the control of CONTRACTOR; or

2. delays beyond the control of both UTILITIES and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owner or other contractors performing other work as contemplated by Article 7, unless provided for in 15.01.A.

B. Nothing in this paragraph 12.06 bars a change in Agreement Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of UTILITIES or anyone for whom UTILITIES is responsible.

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK

13.01 NOTICE OF DEFECTS

Prompt notice of all defective Work of which UTILITIES, UTILITIES’ Representative, and/or UTILITIES’ Consultants has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.

13.02 ACCESS TO WORK

UTILITIES, UTILITIES’ Representative, UTILITIES’ Consultants, other representatives, and personnel of UTILITIES, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of

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CONTRACTOR’s Site safety procedures and programs so that they may comply therewith as applicable.

13.03 TESTS AND INSPECTIONS

A. CONTRACTOR shall give UTILITIES’ Representative and UTILITIES’ Consultants timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. CONTRACTOR is responsible for arranging for and scheduling the initial and subsequent inspections of Work to ensure that the Work conforms to the Agreement Documents. CONTRACTOR shall give UTILITIES’ Representative timely notice of readiness of the Work for all non-CONTRACTOR required inspections, tests, or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

B. UTILITIES shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Agreement Documents except:

1. for inspections, tests, or approvals covered by paragraphs 13.03.C and 13.03.D below;

2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and

3. as otherwise specifically provided in the Agreement Documents.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish UTILITIES’ Representative the required certificates of inspection or approval. Tests required by Agreement Documents to be performed by CONTRACTOR and that require test certificates be submitted to UTILITIES’ Representative for acceptance shall be made by an independent testing laboratory or agency licensed or certified in accordance with Laws and Regulations and applicable state and local statutes. In the event state license or certification is not required testing laboratories or agencies shall meet the following applicable requirements:

1. “Recommended Requirements for Independent Laboratory Qualification,” published by the American Council of Independent Laboratories.

2. Basic requirements of ASTM E329, “Standard of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction” as applicable.

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3. Calibrate testing equipment at reasonable intervals by devices of accuracy traceable to either the National Bureau of Standards or accepted values of natural physical constants.

D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for UTILITIES’ acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to UTILITIES.

E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of UTILITIES’ Representative, it must, if requested by UTILITIES’ Representative, be uncovered for observation.

F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR’s expense unless CONTRACTOR has given UTILITIES’ Representative timely notice of CONTRACTOR’s intention to cover the same and UTILITIES’ Representative has not acted with reasonable promptness in response to such notice.

13.04 UNCOVERING WORK

If any Work is covered contrary to the written request of UTILITIES, it must, if requested by UTILITIES, be uncovered for UTILITIES’ observation and recovered at CONTRACTOR’s expense. If UTILITIES considers it necessary or advisable that covered Work be observed by UTILITIES’ Representative or inspected or tested by others, CONTRACTOR, at UTILITIES’ request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as UTILITIES may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and UTILITIES shall be entitled to an appropriate decrease in the Agreement Price. If the parties are unable to agree as to the amount thereof, UTILITIES may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Agreement Price or an extension of the Agreement Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, rework, and if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in paragraph 10.05. A claim shall not be permitted if the Work was covered despite notice by UTILITIES of its desire or intention to undertake testing or inspection of such work.

13.05 UTILITIES MAY STOP THE WORK

A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Agreement Documents, UTILITIES may order

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CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of UTILITIES to stop the Work shall not give rise to any duty on the part of UTILITIES to exercise this right for the benefit of CONTRACTOR, any subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. B. In the event UTILITIES determines, in its sole discretion, that a violation of any required environmental permit exists, UTILITIES may order CONTRACTOR to stop the Work, or any portion thereof, until the cause of such violation has been eliminated.

13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK

UTILITIES will have authority to disapprove or reject defective Work and will have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed. If required by UTILITIES, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by UTILITIES, remove it from the Site and replace it with non-defective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to Claims, costs, losses, damages, fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs) made necessary thereby.

13.07 CORRECTION PERIOD

A. If within four (4) years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Agreement Documents or by any specific provision of the Agreement Documents, any Work is found to be noncompliant with the requirements in the Agreement Documents during inspection, to be performed by and at the discretion of UTILITIES not more than once annually, or if the repair of any damages to the land, water or groundwater, or areas made available for CONTRACTOR’s use by UTILITIES or permitted by Laws and Regulations as contemplated in paragraph 6.10.A is found to be defective, CONTRACTOR shall promptly or by a timeframe established by UTILITIES, without cost to UTILITIES and in accordance with UTILITIES’ written instructions: (i) repair the affected land, water or groundwater, or areas, or (ii) correct the affected Work or, if the Work has been rejected by UTILITIES, remove it from the Work and replace it with Work that is compliant, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land, water or groundwater, or areas resulting there from (see Article 6.18 – CONTRACTOR General Warranty and Guarantee). If CONTRACTOR does not promptly comply with the terms of UTILITIES’ instructions, or in an emergency where delay would cause serious risk of loss or damage, UTILITIES may but is under no obligation to: order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to correction or repair or removal and replacement (including

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but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. Repetitive malfunction of an equipment or product item shall be cause for replacement and an extension of the correction period to a date one (1) year following acceptable replacement. A repetitive malfunction shall be defined as any subsequent failure of an equipment or product item following original acceptance.

B. In special circumstances where a particular item of equipment is placed in continu- ous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. If the correction period begins at an earlier date, then the correction period shall be automatically extended to one year following Substantial Completion.

C. Where Work (and damage to other Work resulting therefrom) has been corrected, removed, or replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

D. Nothing in Article 13 concerning the correction period shall establish a period of limitation with respect to any other obligation that CONTRACTOR has under the Agreement Documents. The establishment of time periods relates only to the specific obligations of CONTRACTOR to correct the Work, and has no relationship to the time within which CONTRACTOR's obligations under the Agreement Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish CONTRACTOR's liability with respect to CONTRACTOR's obligations other than to specifically correct the Work.

13.08 ACCEPTANCE OF DEFECTIVE WORK

If, instead of requiring correction or removal and replacement of defective Work, UTILITIES prefers to accept it, UTILITIES may do so. CONTRACTOR shall pay all costs attributable to UTILITIES’ evaluation of and determination to accept such defective Work (such costs to include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs). If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Agreement Documents with respect to the Work; and UTILITIES shall be entitled to an appropriate decrease in the GMP, and, if the parties are unable to agree as to the amount thereof, UTILITIES may make a claim therefore as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by CONTRACTOR to UTILITIES.

13.09 UTILITIES MAY CORRECT DEFECTIVE WORK A. If CONTRACTOR fails within a reasonable time after written notice from UTILITIES to correct defective Work or to remove and replace rejected Work as required by UTILITIES in accordance with Articles 13.06.A or 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Agreement Documents, or if CONTRACTOR fails to comply with any other provision of the Agreement Documents, UTILITIES may, after seven (7) days' written notice to CONTRACTOR, correct and remedy any such deficiency.

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B. In exercising the rights and remedies under this Article UTILITIES shall proceed expeditiously. In connection with such corrective and remedial action, UTILITIES may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work, suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's materials and equipment stored at the Site or stored elsewhere for which UTILITIES has paid CONTRACTOR. CONTRACTOR shall allow UTILITIES, UTILITIES’ representatives, agents and employees, UTILITIES’ other contractors and Consultants access to the Site to enable UTILITIES to exercise the rights and remedies under this Article.

C. All costs and damages incurred or sustained by UTILITIES in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Agreement Documents and UTILITIES shall be entitled to an appropriate decrease in the GMP, and, if the parties are unable to agree as to the amount thereof, UTILITIES may make a claim therefore as provided in Article 9. Such costs and damages will include but not be limited to all Claims, losses, fees and charges of engineers, architects, attorneys, and other professionals, all court or other dispute resolution costs and all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work.

D. CONTRACTOR shall not be allowed an extension of the Agreement Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by UTILITIES of UTILITIES’ rights and remedies under this paragraph 13.09.

E. Nothing in this Article 13 concerning the correction period shall establish a period of limitations with respect to any other obligation which CONTRACTOR has under the Agreement Documents or Laws and Regulations. The establishment of time periods relates only to the specific obligations of CONTRACTOR to correct the Work, and has no relationship to the time within which CONTRACTOR’s obligations under the Agreement Documents or Laws or Regulations may be sought to be enforced, nor to the time within which proceedings may be commenced to establish CONTRACTOR’s liability with respect to CONTRACTOR’s obligations other than to specifically correct the Work.

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 SCHEDULE OF VALUES

The schedule of values provided in paragraph 4.02 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to UTILITIES. Progress payments based on of Unit Price Work will be based on the number of units completed.

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14.02 PROGRESS PAYMENTS

A. Applications for Payments

1. At least twenty (20) days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to UTILITIES’ Representative for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Agreement Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that UTILITIES has received the materials and equipment free and clear of all security interests and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect UTILITIES’ interest therein, all of which must be satisfactory to UTILITIES.

2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

B. Review of Applications

1. UTILITIES’ Representative will, within ten (10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to UTILITIES or return the Application to CONTRACTOR indicating in writing UTILITIES’ reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application.

2. UTILITIES’ Representative’s recommendation of any payment requested in an Application for Payment will constitute a representation by UTILITIES’ Representative to UTILITIES, based on UTILITIES’ Representative’s observations on the Site of the executed Work and on UTILITIES’ Representative’s review of the Application for Payment and the accompanying data and schedules, that to the best of UTILITIES’ Representative’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Agreement Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Agreement Documents, to a final determination of

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quantities and classifications for Unit Price Work under paragraph 9.06, and to any other qualifications stated in the recommendation); and

c. the conditions precedent to CONTRACTOR being entitled to such payment appear to have been fulfilled in so far as it is UTILITIES REPRESENTATIVE’s responsibility to observe the Work.

3. By recommending any such payment UTILITIES’ Representative will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to UTILITIES’ Representative in the Agreement Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to additional payment from UTILITIES or entitle UTILITIES to withhold payment to CONTRACTOR.

4. Neither UTILITIES’ Representative’s review of CONTRACTOR’s Work for the purposes of recommending payments nor UTILITIES’ Representative’s recommendation of any payment, including final payment, will impose responsibility on UTILITIES’ Representative to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR’s failure to comply with Laws and Regulations applicable to CONTRACTOR’s performance of the Work. Additionally, said review or recommendation will not impose responsibility on UTILITIES’ Representative to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Agreement Price, or to determine that title to any of the Work, materials, or equipment has passed to UTILITIES free and clear of any security interests.

5. UTILITIES’ Representative may refuse to recommend the whole or any part of any payment if, in UTILITIES’ Representative’s opinion, it would be incorrect to make the representations to UTILITIES referred to in paragraph 14.02.B.2. UTILITIES’ Representative may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in UTILITIES’ Representative’s opinion to protect UTILITIES from loss because:

a. the Work is defective, or completed Work has been damaged, requiring correction or replacement;

b. the Agreement Price has been reduced by Written Amendment or Change Orders;

c. UTILITIES has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or

d. UTILITIES’ Representative has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A.

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e. Failure of the CONTRACTOR to submit schedules, required reports, or other information as required under the Agreement.

f. Failure of the CONTRACTOR to diligently prosecute the work and maintain progress to assure completion within the Agreement time or otherwise to keep to the progress schedule submitted to UTILITIES.

g. Any reasonable doubt that the work of the Agreement can be completed for the balance then unpaid.

C. Payment Becomes Due

1. Thirty (30) days after UTILITIES’ Representative’s recommendation of payment to UTILITIES, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by UTILITIES to CONTRACTOR.

D. Reduction in Payment

1. UTILITIES may refuse to make payment of the full amount recommended by UTILITIES’ Representative because:

a. claims have been made against UTILITIES on account of CONTRACTOR’s performance or furnishing of the Work;

b. Security interests or Claims by Subcontractors or suppliers have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to UTILITIES to secure the satisfaction and discharge of such security interests or Claims by Subcontractors or suppliers;

c. there are other items entitling UTILITIES to a set-off against the amount recommended; or

d. UTILITIES has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.g or paragraph 15.02.A.

2. If UTILITIES refuses to make payment of the full amount recommended by UTILITIES’ Representative, UTILITIES must give CONTRACTOR immediate written notice stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. UTILITIES shall promptly pay CONTRACTOR the amount so with- held, or any adjustment thereto agreed to by UTILITIES and CONTRACTOR, when CONTRACTOR corrects to UTILITIES’ satisfaction the reasons for such action.

3. If it is subsequently determined that UTILITIES’ refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1.

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14.03 CONTRACTOR’S WARRANTY OF TITLE

CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Work or not, will pass to UTILITIES no later than the time of payment free and clear of all security interests.

14.04 SUBSTANTIAL COMPLETION

A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify UTILITIES in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that UTILITIES issue a certificate of Substantial Completion. Promptly thereafter, UTILITIES’ Representative and CONTRACTOR shall make an inspection of the Work to determine the status of completion. If UTILITIES’ Representative does not consider the Work substantially complete, UTILITIES will notify CONTRACTOR in writing giving the reasons therefore. If UTILITIES’ Representative considers the Work substantially complete, UTILITIES’ Representative will prepare a certificate of Substantial Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion UTILITIES will deliver to D/B a written determination as to division of responsibilities pending final payment between UTILITIES and D/B with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees.

B. UTILITIES will have the right to exclude D/B from the Site after the date of Substantial Completion, but UTILITIES will allow D/B reasonable access to complete or correct items on the list of items to be completed, to provide warrantee services and to participate in the optimization process as specified in the Agreement.

14.05 PARTIAL UTILIZATION

A. Use by UTILITIES at UTILITIES’ option of any substantially completed part of the Work which has specifically been identified in the Agreement Documents, or which UTILITIES, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by UTILITIES for its intended purpose without significant interference with CONTRACTOR’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.

1. UTILITIES’ Representative at any time may request CONTRACTOR in writing to permit UTILITIES to use any such part of the Work which UTILITIES’ Representative believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to UTILITIES that such part of the Work is substantially complete and request UTILITIES’ Representative to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify UTILITIES’ Representative in writing that CONTRACTOR considers any such part of the Work ready for its intended

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use and substantially complete and request UTILITIES to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, UTILITIES’ Representative and CONTRACTOR shall make an inspection of that part of the Work to determine its status of completion. If UTILITIES’ Representative does not consider that part of the Work to be substantially complete, UTILITIES’ Representative will notify UTILITIES and CONTRACTOR in writing giving the reasons therefor. If UTILITIES considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance.

14.06 FINAL INSPECTION

Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, UTILITIES’ Representative will make a final inspection with CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

14.07 FINAL PAYMENT

A. Application for Payment

1. After CONTRACTOR has, in the opinion of UTILITIES’ Representative, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Agreement Documents, all main- tenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in paragraph 6.11), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments.

2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Agreement Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B and tax forms as described in section 16.09; (ii) consent of the surety, if any, to final payment; (iii) complete and legally effective releases or waivers (satisfactory to UTILITIES) of all purported Lien rights arising out of or purported Liens filed in connection with the Work; and (iv) all documentation required for the transfer of applicable environmental permits.

3. In lieu of the releases or waivers of security interests or purported Liens specified in paragraph 14.07.A.2 and as approved by UTILITIES, CONTRACTOR may furnish receipts or releases in full and an affidavit of

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CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed but for the provisions of the City Code; and (ii) all payrolls, material and equipment bills, settlements pursuant to paragraph 6.10.A.2,, and other indebtedness connected with the Work for which UTILITIES or UTILITIES’ property might in any way be responsible have been paid or otherwise satisfied. If any subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to UTILITIES to indemnify UTILITIES against any purported Lien.

4. Failure of CONTRACTOR to submit the above identified documentation shall entitle UTILITIES to withhold final payment pending UTILITIES’ receipt of all data without prejudice to any other remedy of UTILITIES.

B. Review of Application and Acceptance

If, on the basis of UTILITIES’ Representative’s observation of the Work during construction and final inspection and UTILITIES’ Representative’s review of the final Application for Payment and accompanying documentation as required by the Agreement Documents, UTILITIES’ Representative is satisfied that the Work has been completed and CONTRACTOR’s other obligations under the Agreement Documents have been fulfilled, UTILITIES’ Representative will, within sixty (60) days after receipt of the final Application for Payment, indicate in writing UTILITIES’ Representative’s recommendation of payment and present the Application for Payment to UTILITIES. UTILITIES’ review may include a close- out audit. At the same time UTILITIES’ Representative will also give written notice to CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, UTILITIES’ Representative’s will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment.

C. Payment Becomes Due

Within approximately seventy-five (75) days after the presentation to UTILITIES’ Representative of the Application for Payment and accompanying docu- mentation, but after the date for final settlement advertised in the Notice of Final Payment, pursuant to law, the amount recommended by UTILITIES’ Representative will become due and, when due, will be paid by UTILITIES to CONTRACTOR.

D. Failure to Respond for Final Payment

In the event CONTRACTOR fails to make Application for Final Payment, or to resubmit a final Application for Payment within ninety (90) days after being requested to do so, UTILITIES may deem any and all retained funds to be abandoned property and shall give notice of abandonment to CONTRACTOR. UTILITIES may set off against the final payment any amounts due to UTILITIES from CONTRACTOR arising out of or under this or any other Agreement or Agreement between them.

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14.08 FINAL COMPLETION DELAYED

A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if UTILITIES’ Representative so confirms, UTILITIES shall, upon receipt of CONTRACTOR’s final Application for Payment without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by UTILITIES for Work not fully completed or corrected is less than the retainage stipulated in the Agreement and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to UTILITIES with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

14.09 WAIVER OF CLAIMS

A. The making and acceptance of final payment will constitute:

1. a waiver of all Claims by UTILITIES against CONTRACTOR, except Claims arising from unsettled purported Liens or other encumbrances, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Agreement Documents or the terms of any special guarantees specified therein, or from CONTRACTOR’s continuing obligations under the Agreement Documents; and

2. a waiver of all Claims by CONTRACTOR against UTILITIES other than those previously made in writing which are still unsettled.

3. CONTRACTOR understands that UTILITIES may not have title to all properties where Work is being performed; therefore, CONTRACTOR agrees to waive all rights to filing of any lien, including a Mechanic’s Lien, on any property where the Work is performed. CONTRACTOR shall also not allow any of its subcontractors to file a lien, including a Mechanic’s Lien, on any property where Work is performed.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.01 UTILITIES MAY SUSPEND WORK

A. At any time and without cause, UTILITIES may suspend the Work or any portion thereof for a period of not more than ninety (90) consecutive days by notice in writing to CONTRACTOR. The notice shall also state the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so stated. CONTRACTOR may be allowed an adjustment in the Agreement Price or an extension of the Agreement Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. In no event shall an equitable adjustment be made for the benefit of CONTRACTOR to the extent the suspension arises from faulty workmanship or material, improper supervision, CONTRACTOR’s failure to carry out orders or perform and provision of the Agreement Documents. CONTRACTOR’s Claim for

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an adjustment in the Agreement Price for any such suspension of Work shall not exceed five thousand dollars ($5,000.00) for each working day that Work is suspended. CONTRACTOR shall waive all Claims to the abovementioned stipulated damages for the first three (3) days of suspended Work following the day of discovery if the suspension is caused by one or more of the following Site conditions: findings of (1) cultural, archeological, or historical significance; (2) plant and/or wildlife in areas of the natural habitat; (3) conditions preventing Work due to permit compliance requirements; (4) hazardous condition; and/or (5) evidence of criminal or tortuous acts.

15.02 UTILITIES MAY TERMINATE FOR CAUSE

A. The occurrence of any one or more of the following events (“Event of Default”) will justify termination for cause:

1. CONTRACTOR’s persistent failure to perform the Work in accordance with the Agreement Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.06 as adjusted from time to time pursuant to paragraph 12.02.A.:

2. CONTRACTOR’s disregard of Laws or Regulations of any public body having jurisdiction;

3. CONTRACTOR’s disregard of the authority of UTILITIES or UTILITIES’ Representative;

4. CONTRACTOR’s violation in any material provision of the Agreement Docu- ments; or

5. CONTRACTOR’s failure to make prompt payments to its Subcontractors, sub-subcontractors and suppliers of any tier, suppliers or laborers or any person working on the Work by, through, or under the CONTRACTOR or any of them, any all of their employees, officers, servants, members, and agents.

B. If one or more of the events identified in paragraph 15.02.A occur, UTILITIES or UTILITIES’ Representative may give CONTRACTOR written notice or the event and direct the event be cured. If such Event of Default has not been cured within seven (7) days after the date of the written notice, UTILITIES or UTILITIES’ Representative may, give CONTRACTOR (and the surety, if any) written notice that CONTRACTOR’s services are being terminated for cause. Upon delivery of the termination notice, UTILITIES may terminate the services of CONTRACTOR in whole or in part, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which UTILITIES has paid CONTRACTOR but which are stored elsewhere, and finish the Work as UTILITIES may deem expedient. In such case, CONTRACTOR shall

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not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Agreement Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) sustained by UTILITIES arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to UTILITIES. Such reasonable claims, costs, losses, and damages incurred by UTILITIES will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph UTILITIES shall not be required to obtain the lowest price for the Work performed.

C. Where CONTRACTOR’s services have been so terminated by UTILITIES, the termination will not affect any rights or remedies of UTILITIES against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by UTILITIES will not release CONTRACTOR from liability.

15.03 UTILITIES MAY TERMINATE FOR CONVENIENCE

A. UTILITIES may, without cause and without prejudice to any other right or remedy of UTILITIES, elect to terminate the Agreement upon seven (7) day’s written notice to CONTRACTOR. In such case, CONTRACTOR shall be paid (without duplication of any items):

1. Completed and acceptable Work executed in accordance with the Agreement Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Agreement Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

3. Amounts paid in settlement of terminated contracts with Subcontractors, Engineers, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court other dispute resolution costs incurred in connection with termination of contracts with Subcontractors, Engineers and Suppliers); and

4. Reasonable expenses directly attributable to termination.

B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

15.04 CONTRACTOR MAY STOP WORK OR TERMINATE

If, through no act or fault of CONTRACTOR, the Work is suspended for more than ninety (90) consecutive days by UTILITIES or under an order of court or other public authority, or UTILITIES’ Representative fails to act on any Application for Payment within thirty

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(30) days after it is submitted (except as otherwise authorized herein), or UTILITIES fails for thirty (30) days to pay CONTRACTOR any sum finally determined to be due (except as otherwise authorized herein), then CONTRACTOR may, upon seven days written notice to UTILITIES and provided UTILITIES does not remedy such suspension or failure within that time, terminate the Agreement and recover from UTILITIES payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if UTILITIES’ Representative has failed to act on an Application for Payment within thirty (30) days after it is submitted, or UTILITIES has failed for thirty (30) days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven (7) days after written notice to UTILITIES, stop the Work until payment is made of all such amounts due CONTRACTOR. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Agreement Price or Agreement Times or otherwise for expenses or damage directly attributable to CONTRACTOR’s stopping the Work as permitted by this paragraph.

ARTICLE 16 - MISCELLANEOUS

16.01 GIVING NOTICE

A. Whenever any provision of the Agreement Documents requires the giving of written notice, the written notice will be delivered to UTILITIES’ Representative and to the address below. All notices necessary or required under this Agreement shall be in writing and shall be personally delivered, sent by overnight delivery service, or mailed by certified mail, postage prepaid and return receipt requested, as follows:

If to UTILITIES: Colorado Springs Utilities Attn: Procurement & Contract Services Manager P.O. Box 1103, MC 920 Colorado Springs, Colorado 80947-0920 Phone: (719) 668-3862

If to CONTRACTOR: Attn:

Phone:

B. The parties may change any address to which notice is to be given by giving notice as provided above of such change of address.

16.02 COMPUTATION OF TIMES

When any period of time is referred to in the Agreement Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. Time is of the essence of this Agreement.

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16.03 CUMULATIVE REMEDIES

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Agreement Documents. The provisions of this paragraph will be as effective as if repeated specifically in the Agreement Documents in connection with each particular duty, obligation, right, and remedy to which they apply. Notwithstanding the rights and remedies provided in this Article 16.03 of the General Conditions, the liquidated damages provided in this Section 3 of the Agreement shall be UTILITIES’ sole remedy for CONTRACTOR’s failure to meet the stated Milestones in the Agreement Times.

16.04 SURVIVAL OF OBLIGATIONS

All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Agreement Documents, as well as all continuing obligations indicated in the Agreement Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement.

16.05 GOVERNING LAW

This Agreement shall be construed in accordance with the laws of the State of Colorado and the City Charter, City Code, Ordinances, and Rules and Regulations of the City of Colorado Springs. In the event of litigation, this Agreement shall be enforceable by or against the City of Colorado Springs on behalf of UTILITIES as provided in Colorado Springs City Code § 12-1-108. In the event of any dispute over the Agreement’s terms and conditions or anything arising from the terms and conditions of the Agreement, the exclusive venue and jurisdiction for any litigation arising thereunder shall be in the El Paso County District Court for the Fourth Judicial District of Colorado, and if necessary for exclusive federal questions, the United States District Court for the District of Colorado.

16.06 NON-DISCRIMINATION

UTILITIES is committed to equal employment opportunity for all and maintains and implements equal opportunity and affirmative action where necessary in all of its daily operations. UTILITIES’ policy is that no person shall be discriminated against because of race, color, national origin or ancestry, sex, age, religious convictions, veteran status, disability or political beliefs. CONTRACTOR shall comply with all federal and state nondiscrimination laws and have an equal employment opportunity policy. CONTRACTOR shall also comply with UTILITIES’ Equal Employment Opportunity/Affirmative Action policies regarding nondiscrimination and harassment, which includes sexual harassment, in the conduct of its business while on UTILITIES’ property and/or interacting with UTILITIES’ employees. CONTRACTOR will cooperate with UTILITIES in using CONTRACTOR’s best efforts to ensure that Disadvantaged Business Enterprises are afforded the full opportunity to compete for subcontracts or work under this Agreement. Contractor will cooperate with UTILITIES in using CONTRACTOR’s best efforts to ensure that El Paso County based and Disadvantaged

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Business Enterprises are afforded the full opportunity to compete for subcontracts or work under this Agreement.

16.07 ELECTRONIC COMMUNICATIONS

Email and all other electronic (including voice) communications from UTILITIES are for informational purposes only. No such communication is intended by UTILITIES to constitute either an electronic record or an electronic signature, or to constitute any agreement by UTILITIES to conduct a transaction by electronic means. Any such intention or agreement is hereby expressly disclaimed.

16.08 AUDIT

A. CONTRACTOR shall maintain full, detailed and accurate documents, papers, and records of all amounts billable to and payments made by UTILITIES hereunder and related to the Work in accordance with recognized accounting practices, and as required by environmental Laws and Regulations, and in a format that will permit audit, for a period of three (3) years after payment of the last invoice, resolution of Claim, or for any longer period required by statute or by other clauses of this Agreement, whichever is later. Such records shall be open to available for inspection and subject to audit and/or reproduction, during normal working hours, by UTILITIES or its authorized representative.

B. CONTRACTOR shall upon reasonable notice make available all records for all contracts, specifically including, but not limited to, lump sum contracts (i.e. fixed price or stipulated sum contracts), unit price, cost plus or time and material contracts with or without a guaranteed maximum or not-to-exceed amounts, for inspection, audit, scanning, and/or reproduction during normal business working hours. Such audits may be performed by any UTILITIES' Representative or any outside representative engaged by UTILITIES for the purpose of examining such records. UTILITIES or its designee may conduct such audits or inspections throughout the term of this Agreement and for a period of three (3) years after final payment or resolution of a Claim, whichever is later. UTILITIES’ Representative may, without limitation, conduct verifications such as count employees at the Site, witness the distribution of payroll, verify information and amounts through interviews and written confirmations with CONTRACTOR’s employees, field and agency labor, subcontractors, and vendors.

C. CONTRACTOR’s "records" as referred to in this Agreement shall include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in UTILITIES' judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Document. Such records shall include hard copy, as well as computer readable data, written policies

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and procedures, time sheets, payroll registers, payroll records, cancelled payroll checks, subcontract files, including proposals of successful and unsuccessful bidders, bid recaps, negotiation notes, etc., original bid estimates, estimating work sheets, correspondence, change order files, including documentation covering negotiated settlements, backcharge logs and supporting documentation, invoices and related payment documentation, general ledger, information detailing cash and trade discounts earned, insurance rebates, dividends, and any other records that may have a bearing on matters of interest to UTILITIES in connection with CONTRACTOR’s dealings with UTILITIES (all foregoing hereinafter referred to as "Records") to the extent necessary to adequately permit evaluation and verification of any or all of the following:

1. Compliance with Agreement requirements for deliverables 2. Compliance with approved plans and specifications 3. Compliance with UTILITIES' business ethics expectations 4. Compliance with Agreement provisions regarding the pricing of change orders 5. Accuracy of CONTRACTOR representations regarding the pricing of invoices 6. Accuracy of CONTRACTOR representations related to claims submitted by the contractor or any of his payees.

D. CONTRACTOR shall require all payees, including, but not limited to, subcontractors, material suppliers, and insurance carriers, to comply with the provisions of this Article by including the requirements hereof in a written contract agreement between CONTRACTOR and payee. CONTRACTOR will ensure that all payees (including those entering into lump sum contracts) have the same right to audit provisions contained in this Agreement.

E. UTILITIES' authorized representative(s) shall have reasonable access to the CONTRACTOR’s facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article.

F. If an audit in accordance with this Article discloses overpricing or overcharges of any nature to UTILITIES by CONTRACTOR or CONTRACTOR’s Subcontractors in excess of $30,000, in addition to making adjustments for the overcharges, CONTRACTOR shall reimburse UTILITIES the reasonable actual cost of UTILITIES’ audit. Any adjustments and/or payments that must be made as a result of any such audit or inspection shall be made within a reasonable amount of time, not to exceed ninety (90) days from the presentation of UTILITIES’ findings to CONTRACTOR.

G. If this Agreement is completely or partially terminated, CONTRACTOR shall make available the records relating to the work terminated until three (3) years after any resulting final termination settlement. CONTRACTOR shall make available records relating to dispute arising from or related to this

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Agreement, including any litigation or the settlement of claims arising under or relating to the Work, until such appeals, litigation, or claims are resolved.

16.09 TAXES CONTRACTOR shall apply to the Colorado Department of Revenue for a tax- exempt certificate for this project. The certificate does not apply to City of Colorado Springs Sales and Use Tax (2.5%) which, if applicable, shall be included in Agreement prices and rates. The tax-exempt project number and the exemption certificate only applies to County, PPRTA (Pikes Peak Rural Transportation Authority), and State taxes when purchasing construction and building materials to be incorporated in this project.

Furthermore, the exemption does not include or apply to the purchase or rental of equipment, supplies, or materials that do not become a part of the completed project or structure. In these instances, the purchase or rental is subject to full taxation of 7.4% (City-2.5%, County-1%, PPRTA-1%, and State-2.9%).

CONTRACTOR and all its subcontractors shall include in their prices and rates City of Colorado Springs Sales and Use Tax (2.5%) on the work covered by the Agreement and other taxes as applicable.

Notwithstanding the specifically referenced tax rates listed in this Agreement, at all times during the course of this Agreement, CONTRACTOR is responsible for remitting all taxes at any rate as required by law that result from the performance of this Agreement.

For all equipment, materials, and supplies incorporated into the work purchased from vendors or suppliers not licensed to collect City Sales Tax (i.e. out of state suppliers, etc), City Use Tax (2.5%) is due and payable to the City. The CONTRACTOR shall execute and deliver, and shall cause the CONTRACTOR’s Subcontractors to execute and deliver to UTILITIES Procurement and Agreement Services office, ST 16 forms listing all said equipment, materials, and supplies and the corresponding use Tax due. Any outstanding taxes due may be withheld from the final payment due the CONTRACTOR.

Forms and instructions can be downloaded at www.springsgov.com/salestax. Questions can be directed to the City Sales Tax Division at (719) 385-5903.

UTILITIES Registration Numbers are as follows: City of Colorado Springs Federal I.D.: 84-6000574 Federal Excise: A-138557 State Sales Tax: 98-03479

16.10 INDEPENDENT CONTRACTOR CONTRACTOR understands and agrees that CONTRACTOR and CONTRACTOR’s employees, agents, subcontractors or other personnel are not UTILITIES’ employees. CONTRACTOR shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits or any other form of compensation or benefits to CONTRACTOR or any of CONTRACTOR’s

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employees, agents, subcontractors or other personnel performing, directly or indirectly, the Work specified herein. Further, it is expressly understood and agreed that neither CONTRACTOR nor CONTRACTOR’s employees, agents, subcontractors or other personnel shall be entitled to any UTILITIES’ payroll, insurance, unemployment, Worker’s Compensation, retirement or any other benefits whatsoever.

16.11 DEPARTMENT OF RECLAMATION PROVISIONS

A. CONTRACTOR shall comply with all applicable Federal, State, and local laws and regulations, and Reclamation policies and instructions, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced , transported, stored, or disposed of on or in lands, water, or facilities owned by the United States or administered by Reclamation.

B. “Hazardous material” means any substance, pollutant or contaminant listed as hazardous under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. – 1901 et. seq. and the regulations promulgated pursuant to the act.

C. CONTRACTOR may not allow contamination of lands, waters or facilities owned by the United States or administered by Reclamation by hazardous materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum products, mine tailings, mineral salts, pesticides (including but not limited to, the misuse of pesticides, pesticide containers or any other pollutants.

D. CONTRACTOR shall report to Reclamation, within twenty-four (24) hours of its occurrence, any event which may or does result in pollution or contamination adversely affecting lands, water or facilities owned by the United States or administered by Reclamation.

E. Violation of any provisions of this Article shall constitute grounds for immediate termination of this permit and shall make CONTRACTOR liable for and the cost of full and complete remediation and/or restoration of any Federal resources or facilities that are adversely affected as a result of the violation.

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