20081473 Ver 2_Mitigation Affidavit of Credit Sale_20090806

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AUG , f 2009
WA • WATER QUALITY
WEnMO6ANO STORWUTEit VW"
Environmental Banc & Exchange
Capital • Experience • Expertise
August 3, 2009
Mr. Eric Kulz
North Carolina Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Subject:
Dear Eric:
0Q- 1+4 13 Y2
EBX Neuse Riparian Buffer Umbrella Mitigation Bank
Enclosed with this letter is an Affidavit of Credit Sale for the sale by EBX
Neuse Riparian Buffer Umbrella Mitigation Bank (`Bank") of 60.0 riparian buffer
mitigation units as defined in Contract 002286 between the Bank and NC EE P. Also
enclosed al•e (i) the Credit Ledgers for the Bank. documenting the sale, (ii) letters from
NC DWQ releasing Credits to the Bank (iii) the Request for Proposal issued by NC
EEP and (iv) the Contract issued by NC EEP for the purchase of the buffer mitigation
units.
Please call or email me if you have any questions.
ncerely,
_ L--,
Thomas Rinker
Principal
10055 Red Run Boulevard
Suite 130
Owings Mills, MD 21117
p 410.356.5159
p 888.781.7075
f 410.356.5822
909 Capability Drive
Suite 3100
Raleigh, NC 27606
p 919.829.9909
f 919.829.9913
604 Greene Street
Suite 100
Camden, SC 29020
p 803.427.7877
f 410.356.5822
www.ebxusa.com
cc: Norton Webster
Ely Perry

AFFIDAVIT OF CREDIT SALE
T : NORTH CAROL. IN ?. DEPART 1I VA I" OF VATI II Qt ALIT'
The undersigned, EBX Neuse L L LC the. Sponsor of the EB 'erase Riparian Umbrella
Mitla tion Bank_ herebly certifies the R llo vjn`#
l . The Ecosvstena Enhancement Program t"EEP") of the North Carolina Department
of Environment and natural Resources (-DENR'.) has entered into contract
number 002286 x ith the Sponsor dated Jule 26, 2009 ("Contract"' and attached as
Exhibit A) to acquire 60.0 riparian buffer nitration units (" BlvRi") from the
Batik for its use in the Buse Paver tVaters:hed.
;. In accordance with RFP 16-001 8; issued by E_EP. E.EP requires a total of 60,0
BMU as mitigation in the. reuse River Watershed, with such BM-t-` to be in the
form of either- Riparian Buffer.k1firgation Credits or Nitrogen Offset Credits. Of
this amount 60 ,0 13\11'ar-e being provided bN Y- the Bank.
3. As evidenced by the attached Exhibit B, the Sponsor has deducted 60.0 Mitrierat
Offset Credits from the Bank's Credit L.edtgers !or the euse River Watershed.
A copy of the Contract is attached to this Affidavit as Exhibit A, and a copy of the Bator's Credit
I_:edaers reflectina the above transaction is attached to this Affidavit as Exhibit B.
E RX Reuse f, LL
By ?t
Name: Thomas L.. Rinker
T tfe Principal
Late. July 311 2009
TEA?A? 0? ?..?,
N CDENR
Czirol na Department of Environment and Natural Resources
ECOSYSTEM ENHANCEMENT PROGRAM
Beverly E. Perdue, Governor William D. Gilmore, Director Dee A. Freeman, Secretary
July 22, 2009
Thomas L. Rinker
EBX-Neuse-I, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Re: Contract No. 002286
Dear Thomas L. Rinker:
Enclosed is a fully executed duplicate original Contract Number 002286 between the
EBX-Neuse-I, LLC and the Department of Environment and Natural Resources.
Invoices or matters regarding work to be performed should be directed to the Contract
Administrator, Jeff Jurek, Ecosystem Enhancement Program, 1652 Mail Service Center,
North Carolina 27699-1652, [phone].
Please include Contract No. 002286 on all invoices submitted for payment.
Should you have any questions regarding the contract, please contact me at
[phone].
Sincerely,
Kimberly Williams
Ecosystem Enhancement Program
Contract Specialist
Enclosures
Cc: Sharon Jones, NCEEP
DENR-Office of the Controller
File
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: [phone] FAX: [phone]Internet: www.nceep.net
An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper
NorthCarolina
Naturally
CONTRACT NO. 002286
STATE OF NORTH CAROLINA CONTRACTOR'S FEDERAL I.D.
COUNTY OF WAKE **-***9863
THIS AGREEMENT, made and entered into this 26th day of June, 2009, by and
between EBX-Neuse-I, LLC, hereinafter referred to as "CONTRACTOR", and North Carolina
Department of Environment and Natural Resources, hereinafter referred to as
"DEPARTMENT";
WITNESSETH:
THAT WHEREAS, the CONTRACTOR has submitted to the DEPARTMENT a
proposal for the performance of certain technical or professional services; and
WHEREAS, the DEPARTMENT desires to enter into a contract with the
CONTRACTOR to perform the services set out in the proposal;
NOW, THEREFORE, for and in consideration of the mutual promises to each
other, as hereinafter set forth, the parties hereto do mutually agree as follows:
1. The CONTRACTOR hereby agrees to perform in a manner satisfactory to
the DEPARTMENT, a full delivery project entitled, "EBX Neuse Riparian Buffer Umbrella
Mitigation Bank", in the Neuse River Basin, as described in the CONTRACTORS proposal
dated November 14, 2008, which by reference is incorporated as part of this contract and the
Request for Proposal 16-001383 on file with the DEPARTMENT.
2. The services of the CONTRACTOR are to commence on the "Project
Start Date", which will be the final executed date signed by the DEPARTMENT as located on
the execution page of this contract. All milestone deliverables will be determined from the
project start date. Services shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this agreement, but in any event, all
of the services required hereunder shall be completed by the 16th day of June, 2016.
3. The Ecosystem Enhancement Program (EEP) agrees to procure 60
riparian buffer mitigation units on the EBX Neuse Riparian Buffer Umbrella Mitigation
Bank Site.
4. The DEPARTMENT hereby agrees to pay the CONTRACTOR, per the
Contractor's Cost Proposal for 60 riparian buffer mitigation units at a cost of $15,182.00
per unit, for a sum of money not to exceed NINE HUNDRED TEN THOUSAND, NINE
HUNDRED TWENTY DOLLARS ($910,920.00), said sum to be full and complete
compensation for services to be rendered under this agreement.
This amount consists of:
Type of Funds Funding Source CFDA No.
Receipts Other - Nutrient Offset N/A
Page 1 of 7
CONTRACT NO. 002286
Accounting Code Information:
Dollars GL Company GL Account GL Center
$910,920.00 1602 532196002 29829829
(a) Payment for services will be made upon receipt and approval of
invoice(s) from the CONTRACTOR documenting the costs incurred in the performance of
work under this contract and as specified under the Payment Schedule in Section 7 of the
Request for Proposal 16-001383 on file with the DEPARTMENT.
(b) All travel, lodging, and subsistence costs are included in the
contract total and no additional payments will be made in excess of the contract amount
indicated above. Contractor must adhere to the travel, lodging and subsistence rates
established in the Budget Manual for the State of North Carolina.
(c) Invoices are to be submitted to the Contract Administrator as
specified in the Payment Schedule in Section 7 of the Request for Proposal 16-001383 on
file with the DEPARTMENT. Final invoice must be received by the DEPARTMENT within
45 days after the e.nd of the contract period.
(d) Amended or corrected invoices must be received by the Office of
the Controller within six months after the end of the contract period. Any invoices received
after six months will be returned without action.
5. The parties to this contract agree and understand that the payment of the
sums specified in this contract is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT.
6. The State Auditor shall have access to persons and records as a result of
all contracts and grants entered into by State agencies or political subdivisions in accordance
with General Statute 147-64.7. The Contractor shall retain all records for a period of three
years following completion of the contract or until any audits started during that period are
completed and resolved, whichever is later.
7. The Contractor shall be considered to be an independent contractor and
as such shall be wholly responsible for the work to be performed and for the supervision of its
employees. The Contractor represents that it has, or will secure at its own expense, all
personnel required in performing the services under this agreement. Such employees shall not
be employees of, or have any individual contractual relationship with the DEPARTMENT.
8. Each Party submits notices, questions and correspondence to the other
Party's Contract Administrator. The name, post office address, street address, telephone number,
fax number, and email address of the Parties' initial Contract Administrators are set out below.
Either Party may change the name, post office address, street address, telephone number or email
address of its Contract Administrator by giving timely written notice to the other Party.
Any changes in the scope of the contract which increase or decrease the
CONTRACTOR'S compensation shall not be effective until approved through written amendments
processed by the DEPARTMENT'S Division of Purchase and Services.
Page 2 of 7
CONTRACT NO. 002286
Department Contract Administrator:
Jeff Jurek, Project Control/Research Director
NC Ecosystem Enhance Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Telephone: [phone]
Fax: [phone]
Email: jeff.iurek _ncmail.net
Physical Address / Zip: 2728 Capital Blvd. Ste 1H103, Raleigh NC, 27604
Contractor Contract Administrator:
Thomas L. Rinker
EBX-Neuse-I, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Telephone: [phone]
Fax: [phone]
Email: thomCd-ebxusa.com
9. The CONTRACTOR shall not substitute key personnel assigned to the
performance of this contract without prior approval by the Department Contract Administrator.
10. . None of the work to be performed under this contract which involves the
specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted
without prior approval of the Contract Administrator. In the event the CONTRACTOR
subcontracts for any or all of the services or activities covered by this contract: (a) the
CONTRACTOR is not relieved of any of the duties and responsibilities provided in this
contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide
such information as to allow the CONTRACTOR to comply with these standards, and; (c) the
subcontractor agrees to allow state and federal authorized representatives access to any
records pertinent to its role as a subcontractor.
11. If, through any cause, the CONTRACTOR shall fail to fulfill in a timely
and proper manner the obligations under this agreement, the DEPARTMENT shall thereupon
have the right to terminate this contract by giving written notice to the CONTRACTOR of such
termination and specifying the reason thereof and the effective date thereof. In that event, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the CONTRACTOR shall, at the option of the
DEPARTMENT, become its property, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents and other
materials. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for
damages sustained by the DEPARTMENT by virtue of any breach of this agreement, and the
DEPARTMENT may withhold payment to the CONTRACTOR for the purpose of set off until
such time as the exact amount of damages due the DEPARTMENT from such breach can be
determined.
12. This contract may be terminated by either party upon thirty (30) days
notice given in writing by one party to the other. If the contract is terminated, all finished or
unfinished documents and other materials shall, at the option of the DEPARTMENT, become
its property. Termination of the contract by the CONTRACTOR shall not prohibit the
DEPARTMENT from seeking remedy for additional costs consequential to the termination,
Page 3 of 7
CONTRACT NO. 002286
which are incurred by the DEPARTMENT. If the contract is terminated by the DEPARTMENT
as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio
to the total compensation as the services actually performed bear to the total services of the
CONTRACTOR covered by this agreement, for costs of work performed by subcontractors for
the CONTRACTOR provided that such subcontracts have been approved as provided herein;
or for each full day of services performed where compensation is based on each full day of
services performed, less payment of compensation previously made. The CONTRACTOR
shall repay to the DEPARTMENT any compensation he has received which is in excess of the
payment to which, he is entitled herein.
11 The CONTRACTOR shall ensure that all publications produced as a
result of this contract are printed double-sided on recycled paper.
14. The DEPARTMENT may, from time to time, request changes in the scope
of the services.of the CONTRACTOR to be performed under this agreement. Such changes,
including any increase or decrease in the amount of the CONTRACTOR'S compensation,
which are mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT,
shall be incorporated in written amendments to this contract.
15 Any information, data, instruments, documents studies or reports given to
or prepared or assembled by the CONTRACTOR under this agreement shall be kept as
confidential and not divulged or made available to any individual or organization without the
prior written approval of the DEPARTMENT.
16._ Upon the entering of a judgment of bankruptcy or. insolvency by or
against the CONTRACTOR, the DEPARTMENT may terminate this agreement for cause.
agreement.
17. The CONTRACTOR shall not assign or transfer any interest in this
18. No reports, maps or other documents produced in whole or in part under
this agreement shall be the subject of an application for copyright by or on behalf of the
CONTRACTOR.
19. The CONTRACTOR agrees that he shall be responsible for the proper
custody and care of any State owned property furnished for use in connection with the
performance of this contract and will reimburse the State for its loss or damage.
20. This contract represents the entirety of the agreements and covenants
between the DEPARTMENT and the CONTRACTOR with respect to the subject matter hereof
and accordingly cannot be amended or modified except by written instrument executed by the
parties hereto.
21. The CONTRACTOR shall hold and save the State, its officers, agents,
and employees, harmless from liability of any kind, including all claims and losses, with the
exception of consequential damages, accruing or resulting to any other person, firm, or
corporation furnishing or supplying work, services, materials, or supplies in connection with the
performance of this contract, and from any and all claims and losses accruing or resulting to
any person, firm, or corporation that may be injured or damaged by the CONTRACTOR in the
performance of this contract and that are attributable to the negligence or intentionally tortuous
acts of the CONTRACTOR provided that the CONTRACTOR is notified in writing within 30
Page 4 of 7
CONTRACT NO. 002286
days that the State has knowledge of such claims. The CONTRACTOR represents and
warrants that it shall make no claim of any kind or nature against the State's agents who are
involved in the delivery or processing of CONTRACTOR goods to the State. The
representation and warranty in the preceding sentence shall survive the termination or
expiration of this contract.
22. The DEPARTMENT does not waive its sovereign immunity by entering
into this contract and fully retains all immunities and defenses provided by law with respect to
any action based on this contract.
23. The parties certify and warrant that no gratuities, kickbacks or
contingency fee(s) were paid in connection with this contract, nor were any fees, commissions,
gifts or other considerations made contingent upon the award of this contract.
24. The CONTRACTOR certifies that it (a) has neither used nor will use any
appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment
details, and purpose of any agreement with lobbyists whom CONTRACTOR or its subtier
contractor(s) or subgrantee(s) will pay with profits or non-appropriated funds on or after
December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material
changes occur irr their use.
25. The CONTRACTOR shall take affirmative action in complying with all
federal and state requirements concerning fair employment and employment of people with
disabilities, and concerning the treatment of all employees without regard to discrimination by
reason of race, color, religion, sex, national origin, or disability.
26. The CONTRACTOR shall comply with all laws, ordinances, codes, rules,
regulations, and licensing requirements that are applicable to the conduct of its business,
including those of federal, state, and local agencies having jurisdiction and/or authority.
27. The CONTRACTOR certifies that with regard to:
A. DEBARMENT AND SUSPENSION - To the best of its knowledge and belief that it and its
principals:
(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal, State, or local
government agency;
(2) have not within a 3-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(3) are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (A)(2) of this certification; and
(4) have not within a 3-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
Page 5 of 7
CONTRACT NO. 002286
B. LOBBYING - To the best of his or her knowledge and belief, that
(1) No Federal, State or local government appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any Federal, State or local government agency, a
member of Congress, North Carolina's General Assembly or local government body; an
officer or employee of Congress, North Carolina's General Assembly or local
government body, or an employee of a Member of Congress, North Carolina's General
Assembly or local government body in connection with the awarding of any Federal,
State or local government contract, the making of any Federal, State or local
government grant, the making of any Federal, State or local government loan, the
entering into of any Federal, State or local government cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal, State or
local government contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal, State or local government appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency; a Member of Congress, North Carolina's General
Assembly or local government body; an officer or employee of Congress, North
Carolina's General Assembly or local government body; or an employee of a Member of
Congress, North Carolina's General Assembly or local government body in connection
with the Federal, State or local government contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying." in accordance with its instructions.
C. DRUG-FREE WORK PLACE REQUIREMENTS - It will comply by:
(1) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for Violation
of such prohibition;
(2) Establishing a drug-free awareness program to inform employees about -
(a) The dangers of drug abuse in the workplace;
(d) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (1) above;
(4) Notifying the employee in the statement required by paragraph (1), above, that, as a
condition of employment under the grant, the employee will -
(a) Abide by the terms of the statement, and
(b) Notify the employer of any criminal drug statue conviction for a violation
occurring in the workplace no later than five days after such conviction;
(5) Notifying the agency within ten days after receiving notice under subparagraph (4)(b),
above, from an employee or otherwise receiving actual notice of such conviction;
Page 6 of 7
CONTRACT NO. 002286
(6) Taking one of the following actions, within 30 days of receiving notice under
subparagraph (4)(b), above with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and
including termination; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health, law enforcement, or other appropriate agency;
(7) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (1), (2), (3), (4), (5), and (6), above.
D. Will comply with the provisions of the Equal Employment Practices Act set out in Article 49A of
Chapter 143 of the North Carolina General Statutes.
E. Will comply, as applicable, with the provisions of the Wage and Hour Act, Occupational Safety
and Health Act of North Carolina, Controlled Substance Examination Regulation, Retaliatory
Employment Discrimination, Safety and Health Programs and Committees, Workplace Violence
Prevention, and other applicable provisions of Chapter 95 of the North Carolina General
Statutes regarding labor standards.
F. Will comply with all applicable requirements of all other federal, state and local government
laws, executive orders, regulations and policies governing this program.
IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this
agreement in four (4) originals, one (1) of which is retained by the CONTRACTOR and three
(3) of which are retained by the DEPARTMENT.
EBX-NEUSE-I, LLC
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
y
?'Dee A. Freeman, Secretary
Depar(ment,A'd ? 8srgnatLke or Authorized Agent
Typed ! Printed Name
Titl
Michael G. Bryant
Typed / Printed Name
Director, Division of Purchase & Services
Title
F .- r
Date
Approved as to Form:
Attorney General of North Carolina
Final Executed Date ("Project Start Date")
ORIGINAL
Page 7 of 7
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?11 7.4 Q Michael F Easley, Governor
© 6 William G. Ross Jr., Secretary
North Carolina Department o('Environment and Natural Resources
a7
> -
Coleen If. Sullins, Director
p ti, ? 7 D
°?d,-lr` x 4 n Division of Water Quality
?f.
November 14, 2008
Mr. Thomas Rinker
EBX Neuse 1, LLC c/o
Environmental Banc & Exchange
10055 Red Run Boulevard, Suite 130
Owings Mills, MD 21117-5822
Re: EBX Neuse Riparian Buffer Umbrella Mitigation Bank Sites
Westbrook and Nahunta Sites
Johnston and Wayne Counties
DWQ #08-1473 v2 and v3
Dear. Mr. Rinker:
We have received the following documents related to the above-referenced bank parcels: Umbrella
Mitigation Bank Prospectus dated September 2008, including the Year 3 monitoring report for the
Nahunta site and the Year 5 monitoring report for the Westbrook site; the Addendum to the Umbrella
Mitigation Bank Prospectus dated October 2008; and the executed Mitigation Banking Agreement
Version 2.0 dated October 2008.
According to the Umbrella Mitigation Banking Instrument (UMBI), the following Project Milestones
have been met, and the corresponding credits shall be released:
Nahunta - Wayne County (DWQ #08-1473 v2)
1) Execution of the MBI, approval of the restoration and monitoring
Plans (site already constructed), delivery of financial assurances
(waived - project already constructed), and recordation of conservation
easement 20%
2) Mitigation Site Earthwork, Planting, and Installation of
Monitoring Plots 20%
3) Approval of As-Built Report 10%
4-6) Submittal of monitoring reports (site has been in monitoring for three
Years - 3 x 10%) 30%
TOTAL CREDIT 80%
401 Oversight/Express Review Perrnitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal opportunitylAffirmative Action Employer- 50% Recycled/10% Post consumer Paper
NorthCarolina
Natundy
Mr. Rinker
EBX Neuse Riparian Buffer Umbrella Mitigation Bank Sites
Page 2 of 3
By copy of this correspondence, DWQ confirms that you have satisfied the above requirements for the
above-referenced tract and 80% of your riparian buffer credits (0.8 x 678,000 = 542,400 credits) are
now available for sale. Also, 80% of your nutrient offset credits (0.8 x 76,000 = 60,800 lb-N) are now
available for sale.
Please note that credits generated at this site must be used for impacts in HUC 03020203.
Westbrook -Johnston County (DWO 408-1473 v3)
1) Execution of the MBI, approval of the restoration and monitoring
Plans (site already constructed), delivery of financial assurances
(waived - project already constructed), and recordation of conservation
easement 20%
2) Mitigation Site Earthwork, Planting, and Installation of
Monitoring Plots 20%
3) Approval of As-Built Report
10%
4-8) Submittal of monitoring reports (site has been in monitoring for five
Years - 5 x 10%) 50%
TOTAL CREDIT
100%
By copy of this correspondence, DWQ confirms that you have satisfied the above requirements for the
above-referenced tract and 100% of your riparian buffer credits (357,000 credits) and 100% of your
nutrient offset credits (42,000 lb-N) are now available for sale.
Please note that credits generated at this site must be used for impacts in HUC 03020201.
Please copy DWQ on all correspondence related to credit sales, referencing the DWQ project number
(where applicable) associated with the impacts for which credits are being purchased. All
correspondence with DWQ should reference the project number associated with these sites, 08-1473 v2
(Nahunta) and 08-1473 v3 (Westbrook).
In addition, please review the Umbrella Mitigation Banking Instrument to ensure compliance with the
annual reporting requirements.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: h1ty/1h 2o.enr.state. nc.uslncwetlands
NorthCarolina
Naturally
An Equal OpportunitylAtlirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Mr. Rinker
EBX Neuse Riparian Buffer Umbrella Mitigation Bank Sites
Page 3 of 3
Please feel free to contact Eric Kulz at [phone] if you have any questions regarding this
correspondence.
fSi;ncerely, rr
? r
Cyndi B. Karoly, Program Manager
401 Oversight and Express Review Program
cc File Copy (Eric Kulz)
DWQ 401 /Wetlands - Amy Chapman
John Huisman - DWQ Nonpoint Source Planning Unit
Matt Matthews - DWQ Wetlands and Stormwater Branch
Norton Webster - EBX, 909 Capability Drive, Suite 3100, Raleigh, NC 27606
Todd St. John - Kimley-Horn and Associates, Inc., PO box 33068, Raleigh, NC
27636-3068
One hCarolina
,?aturrrlly
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crahtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone]! Fax [phone]
Internet: httpa/h2o.enr.state,nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

('T
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 21, 2009
Mr. Thomas Rinker
EBX Neuse I, LLC c/o
Environmental Banc & Exchange
10055 Red Run Boulevard, Suite 130
Owings Mills, MD 21117-5822
Re: EBX Neuse Riparian Buffer Umbrella Mitigation Bank Sites
Marston and Nahunta Sites
Jones and Wayne Counties
DWQ #08-1473 vl and v3
Dear. Mr. Rinker:
r?
Dee Freeman
Secretary

We have received the credit release request from Kimley-Horn and Associates, Inc., which included the 2008
monitoring reports for the above-referenced sites.
According to the Umbrella Mitigation Banking Instrument (UMBI), the following Project Milestones have been
met, and the corresponding credits shall be released:
Nahunta - Wayne County (DWQ 408-1473 v2)
7) Submittal of Year 4 monitoring report
TOTAL CREDIT
10%
10%
By copy of this correspondence, DWQ confirms that you have satisfied the above requirements for the above-
referenced tract and 90% of your riparian buffer credits (0.9 x 678,000 = 610,200 credits) are now available for
sale. Also, 90% of your nutrient offset credits (0.9 x 76,000 = 68,400 lb-N) are now available for sale.
Please note that credits generated at this site must be used for impacts in HUC 03020203,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.uslncwetlands
An Equal Opportunity l Affirmative Action Employer
North Carolina
Naturally
Mr. Rinker
EBX Neuse Riparian Buffer Umbrella Mitigation Bank Sites
Page 2 of 3
Marston - Jones County (DWO #0$-1473 vi)
1) Execution of the MBI, approval of the restoration and monitoring
Plans (site already constructed), delivery of financial assurances
(waived - project already constructed), and recordation of conservation
easement 20%
2) Mitigation Site Earthwork, Planting, and Installation of
Monitoring Plots 20%
3) Approval of As-Built Report 10%
4-8) Submittal of monitoring reports (site has been in monitoring for five
Years - 5 x 10%) 50%
TOTAL CREDIT 100%
By copy of this correspondence, DWQ confirms that you have satisfied the above requirements for the above-
referenced tract and 100% of your riparian buffer credits (325,000 credits) and 100% of your nutrient offset
credits (74,000 lb-N) are now available for sale.
Please note that credits generated at this site must be used for impacts in HUC 03020204.
Please copy DWQ on all correspondence related to credit sales, referencing the DWQ project number (where
applicable) associated with the impacts for which credits are being purchased. All correspondence with DWQ
should reference the project number associated with these sites, 08-1473 v2 (Nahunta) and 08-1473 vl
(Marston).
In addition, please review the Umbrella Mitigation Banking Instrument to ensure compliance with the annual
reporting requirements.
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260
Phone: [phone] FAX: [phone] l Customer Service: 1-877-623-6748
Internet: http://h2o,enr.state.nc.ustncwetlands
An "val Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Mr. Rinker
EBX Neuse Riparian Buffer Umbrella Mitigation Bank Sites
Page 3 of 3
Please feel free to contact Eric Kulz at [phone] if you have any questions regarding this correspondence.
Sincerely,
a°
Cyndi B. Karoly, Program Manager
401 Oversight and Express Review Program
cc File Copy (Eric Kulz)
John Huisman - DWQ Nonpoint Source Planning Unit\
Todd St. John - Kimley-Horn and Associates, PO Box 33068, Raleigh, NC 27636-3068
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260
Phone: [phone] t FAX: [phone] Customer Service: 1-877-623-6748
Internet: http:llh2o,enr,state.nc.us/ncwetiands
An Equal Opportunity \ Affirmative Action Employer
North Carolina
Natu&!&
STATE OF NORTH CAROLINA
REQUEST FOR PROPOSALS (RFP) RFP # 16-001383
TITLE: FULL DELIVERY PROJECTS TO PROVIDE RIPARIAN BUFFER MITIGATION
IN THE SERVICE AREA FOR TILE NEUSE RIMER BASIN AS DESCRIBED IN THE SCOPE OF WORK.
USING DEPARTMENT: DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
ISSUE DATE: July 24, 2008
ISSUING AGENCY: DENR - ECOSYSTEM ENHANCEMENT PROGRAM
CLOSING DATE: October 14, 2008 -10:30 A.M. (EASTERN DAY-LIGHT SAVINGS TIME)
Sealed Proposals subject to the conditions made a part hereof will be received until the specified closing date and time noted above for
furnishing services described herein. It is the offeror's responsibility to ensure that offeror's proposal is in the office of the Issuing.
Agency by the date and time noted above. If delivery of a proposal is anytime after the established closing date and time, delivery of the
proposal will be accepted; however, the proposal will not be opened and will be deemed non-responsive. A time beginning at 9:00 a.m.
(Eastern Day-Light Savings Time) on October 1.4, 2008 has been established for dropping off proposals before the closing time to ensure
delivery and receipt of boxes in a timely manner.
SEND ALL PROPOSALS DIRECTLY TO THE ISSUING AGENCY ADUKE55 A5 ShUYYN est:wvv:
IF DELIVERED BY "US POSTAL SERVICE" IF DELIVERED BY ANY OTHER MEANS (UPS/FEDEXIETC.)
Address as below: AdUI ess as below:
RFP # 16-001'383 SEALED BID RFP # 16-001383 SEALED BID
NC ECOSYSTEM ENHANCEMENT PROGRAM NC ECOSYSTEM ENHANCEMENT PROGRAM
ATTN: KIMBERLY WILLLIAMS ATTN: KIMBERLY WILLLIAMS
1652 MAIL SERVICE CENTER 2728 CAPITAL BLVD SUITE 1 H163
RALEIGH NC 27699-1652 RALEIGH NC 27604
BEFORE THE CLOSING TIME OF THIS RFP TO 2728 CAPITAL SUITE 27604,
NOTE: A MANDATORY PREPROPOSAL CONFERENCE rN be bdd b claeTr Al ' reN& ffik
Rupmed For Pawasalls 007) and to provide' b All offerors intending to respond to the
RFP MUST attend the mandatory preproposal conference and must sign-in prior to the start of the conference and sign-out after its
conclusion. Proposals will not be accepted from offeror's that did not attend the conference. Each offeror is permitted to send no more
than (2) people to the conference. Only one (1) representative per offeror is allowed to sign both the sign-in and sign-out sheet (the
representative that signed in must also sign out). This representative will be the contact person for the respective offeror.
The mandatory preproposal conference is scheduled for August 22, 2008 beginning at 10:00 a.m. (Eastern Day-Light Savings Time) in the
NC Ecosystem Enhancement Programs' Large Conference Room located at 2728 Capital Blvd, Suite 11-1103, Raleigh, NC 27604.
Participants must enter through the main entrance and sign in at the Customer Service Desk. Participants will be required to provide a
picture ID for entrance into the building. Parking is limited.
WRMM (NiESDONS: Prospective offerors are encouraged to submit their: written questions for this RFP in advance of the
Preproposat Conference to Kimberly Williams via email ( kim.williamsOncmalLne6 or by FAX [phone]. Written questions
concerning the specifications in this Request for Proposals will be received in this office until August 29, 2008 N0 QUESTIONS WILL BE
ACCEPTED AFTER THIS DATE AND TIME. PLEASE REFER TO SECTION 3 FOR MORE DETAILS PERTAINING TO QUESTIONS.
Direct all inquiries concerning this RFP via written format to: KIMBERLY WILLIAMS -ECOSYSTEM ENHANCEMENT PROGRAM
Phone No. [phone] FAX No. [phone]
Email: kim.williame ncmail.net
A summary of all questions and answers will be posted on the Internet as an addendum, located under RFP # 16-001383. It is, the
offeror's responsibility to continuousiv check for addenda to assure that all addenda have been reviewed and, if required, signed
and returned within the sealed technical proposals. (Exception to this rule is that the addendum was not posted until after the sealed
technical proposal was delivered to EEP, in which case, the addendum will be accepted in a separate sealed envelope and marked
accordingly).
IMPORTANT NOTE: Please refer to Section g of this RFP for require proposal format. Offers submitted via telegraph, facsimile (FAX)
machine, telephone, and e-mail in response to this Request for Proposals will not be accepted.
RFP # 16-001383 Pagel of 31
REQUEST FOR PROPOSALS
FOR FULL DELIVERY PROJECTS TO PROVIDE RIPARIAN BUFFER LITIGATION
IN THE SERVICE AREA FOR THE NEUSE RIVER BASIN AS DESCRIBED IN THE SCOPE OF WORK
CONTEAITS
SECTION 1.
DEFINITIONS
SECTION 2. INTRODUCTION
SECTION 3. QU"ESTIONSIANSWERS
SECTION 4. MITIGATION REQUESTED
SECTION 5. SCOPE OF WORK
SECTION 6. CONTRACT PERIOD
SECTION 7. PAYMENT SCHEDULE
SECTION 8. CONTRACT ADMINISTRATOR
SECTION 9. TECHNICAL PROPOSAL FORMAT AND CONTENT
SECTION 10. PROPOSAL REVIEW AND RANKING
SECTION It IMPORTANT, INFORMATION
SECTION 12. PERFORMANCE GUARANTEE
SECTION 13. SEALED COST PROPOSAL
SECTION 14. THE PROCUREMENT PROCESS
SECTION 15, GENERAL INFORMATION ON SUBMITTING PROPOSALS
SECTION 16. NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS
SECTION 17. EXECUTION OF PROPOSAL BY OFFEROR
THE FOLLOWING EXHIBITSIDOCUMENTS CAN BE FOUND- AT THE FOLLOWING WEB SITE:
http://www.nceep.net/businessirfps.htm
EEP RESTORATION PLAN TEMPLATE
>¢ EEP MITIGATION PLAN DRAFT OUTLINE
EEP MONITORING REPORT TEMPLATE
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
INTERACTIVE PURCHASING SYSTEM WEBSITE
MAP OF NORTH CAROLINA 8-DIGIT CATALOGING UNITS
>4 WATERSHED RESTORATION PLANS
MAPS SHOWING TARGETED LOCAL WATERSHEDS
STREAM MITIGATION GUIDELINES
GUIDELINES FOR RIPARIAN BUFFER RESTORATION
CONSERVATION EASEMENT FOR FULL DELIVERY PROJECTS
STAGES OF PROJECT IMPLEMENTATION
SURVEY GUIDELINES FOR EEP PROJECTS
} PUBLI'CNOTIFICATION TEMPLATE
2006 VEGETATION MONITORING PROTOCOL
>4 FEMA FLOODPLAIN CHECKLIST
RFP # 16-001383 Page 2 of 31
Section 1. DERNMONS
Adjusted Unit Cost - The Unit Cost of a Site divided by the Site Rating; units are Dollars per Wetland Mitigation Unit ("WMU"),
Stream Mitigation Unit ("SMU"), or Buffer Mitigation Unit ("BMU" ). See Unit Cost, below.
Agencies - The regulatory and advisory units of the state and federal government in North Carolina which are involved in permitting
and/or commenting on proposed activities in wetlands, streams, or riparian areas and in approving and/or commenting on
proposed compensatory wetland, stream, or buffer mitigation.
As-Built Drawings - Scale drawings depicting the final configuration, dimensions, and locations of all pertinent features of a Site after all
implementation activities have been completed.
Buffer Mitigation Unit ("BMU") - The unit of measurement of the extent of Riparian Buffer Mitigation being offered in a Proposal; the
BMU value for a Site is the sum of the acres of Buffer Restoration plus the sum of the acres of buffer enhancement divided by 3,
(BMU = R + El3).
Cataloging Unit ("CU") - A geographic area representing part or all of a River Basin and identified by an 8-digit number as depicted on
the "Hydrologic Unit Map -1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey".
Categorical Exclusion - Categories of actions that do not individually or cumulatively have a significant effect on the human or natural
environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.
Categorical' Exclusion Action Form and Document - An abbreviated environmental document, prefaced by an Action Form, that briefly
describes the mitigation site, the plan for its implementation, and' documents that it will have minimal or no impadc oa the
environment.
Coastal Wetland - As defined in North Carolina Administrative Code, Title 15A Chapter 7, COASTAL MANAGEMENT, Subchapter 7H
.0205, available at: http:l/www.nccoastalinanagement,neVRules/TexVtl5a-07h.0100.pdf
Closing Date - The location, date, and time that the Sealed Technical Proposal and Sealed Cost Proposal must be delivered to the
EEP. Proposals will not be accepted by EEP after the closing date/time.
Conservation Easement - A restriction landowners voluntarily place on specified uses of their property to protect its natural, productive,
or cultural' features. It is recorded as a written legal agreement between the landowner and the "holder' of the easement. The
State of North Carolina must receive directly from the landowner a conservation easement as prepared and facilitated
by the full delivery provider for all Ecosystem Enhancement Program full delivery projects.
Contiguous - Sharing an edge or boundary; touching; adjacent.
Contractor . A private agency, corporation, firm, organization, business, or individual, who enters into a Contract with the
Department.
Credit - A unit or amount of available wetland or stream mitigation contained in an approved Mitigation Bank that has a fully
executed Mitigation Banking Instrument and on which a Conservation Easement has been recorded.
Delivery Address - The physical address to which the Sealed Technical Proposal and Seal' Cost Proposal must be mailed or hand-
delivered prior to the Closing. Date.
Department - The North Carolina Department of Environment and Natural Resources.
D®AIP&C - Department of Administration, Division of Purchase and Contract.
DPS -Division of Purchase and Services, Department of Environment and Natural Resources.
EEP - The North Carolina Ecosystem Enhancement Program.
Hydrologic Unit ("HU") - A geographic area representing a portion of a Cataloging Unit as depicted on the "Hydrologic Unit Map -1974,
State of North Carolina, published by the U.S. Department of Interior, Geological Survey," and identified by a 14-digit number.
intermittent Stream - A well defined channel that contains water for only part of the year, typically during winter and spring when the
aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream
should score at least 19 points using the NC Division of Water Quality Classification Manual, Version 2.0, January 19, 1999.
This manual can be found at:
http://h 2o. en r. state.nc.us/ncwetlands/documents/NC Stream ID Manual.pdf.
RFP # 16-001383 Page 3 of 31
Jurisdictional Wetland - A wetland as defined in the 1957 Corps of Engineers Wetlands Delineation Manual.
Mitigation - The term mitigation, when used throughout this RFP and any subsequent contracts that may be executed is Compensatory
Mitigation. Compensatory Mitigation, is defined as those mitigation activities implemented after all practicable measures to
Avoid and Minimize adverse impacts to waters of the United States have been carried out. Typically, Compensatory
Mitigation consists of restoration of existing degraded wetlands or streams.
Mitigation Bank -Mitigation banks are defined and established under the Federal Guidance for the Establishment, Use and Operation of
Mitigation Banks (Federal Register November 28, 1995, Volume 60, Number 228, pp. 58605-58614).
Mitigation Plan - A written document, supplemented with graphics (including as-built drawings), that describes in detail the implemented
mitigation site, the goals established for the project, how it was implemented, how it will be monitored, the amount of mitigation in
the site (credits, acres, etc.), and the criteria by which its success will be determined. The Mitigation Plan must follow the EEP
Mitigation Plan Format Guidance Document (Template) -Version 2.0 (03127108) available at:
http:l/www.nGeep.neVbusiness/rfps.htm
Monitoring Report - A written document, supplemented with graphics due on December 1S' of each year during the Five (5) year
monitoring period following the completion of construction. This report contains results of the measured success criteria as
defined in the Mitigation Plan. The Monitoring Report must follow the EEP Monitoring Report Format Guidance Document
(Template) -Version 1.2. (t'1116106) available at: http://www,nceep.neUbusiness/Ops.htm
MCDENR - The North Carolina Department of Environment and Natural Resources.
NICWRP - The North Carolina Wetlands Restoration Program.
Non-Riparian Wetland - an area underlain with hydric soils that has developed and is located in interstream divide
physiographic areas. The hydrology of non-riverine wetlands is driven by precipitation and is characterized by
groundwater being at or near the surface for much of the year. Must meet US Army Corps of Engineers wetlands definition (33
CFR 328.3(b)).
Offeror - A private agency, corporation, firm, organization, business, or individual offering to provide qualified professional or
specialized services to the Department; if two or more private agencies, corporations, organizations, businesses or individuals
join together in a prime contractor/sub-contractor relationship to submit a Proposal, the Department will consider the prime
contractor to be the Offeror; only the Offeror may enter into a Contract with the Department.
PRC - See P'roposal' Review Committee.
Performance Bond - A financial instrument to be obtained by any Offeror with which the Department enters into a contract to guarantee
completion of the Scope of Services.
Perennial Stream - A well-defined channel that contains water year round during a year of normal rainfall, with the aquatic bed located
below the water table for most of the year. A perennial stream should score at least 30 points using the NC Division of Water
Quality Stream Classification Manual, Version 2.0, January 19, 1999. This manual can be found at:
hUp://h2o.enr.state.nc.us/ncwetlands/documents/NC_Stream _ID Manual,pdf
Prior Converted Cropland - Areas defined by the Soil Conservation Service (now the NRCS) (Section 512.15 of the National Food
Security Act Manual, August 1988) as wetlands which were both manipulated (drained or otherwise physically altered to remove
excess water from the land) and cropped before 23 December 1985, to the extent that they no longer exhibit important wetland
values.
Project Milestone - A deliverable, such as a document or completed action, that signifies the end of a task in the Scope of
Services.
Property - A Site may be comprised of one of more pieces of real Property owned by one or more individuals, agencies or
corporations.
Proposal- - The response to the RFP from an interested Offeror consisting of a signed Sealed Cost Proposal and a Sea-led Technical
Proposal.
Proposaf- Rating ("PR") - A number between 0.0 and 1.25 that is calculated by the PRC for each Proposal based upon the evaluation of
the Proposal by the PRC. The PR is established by multiplying the sum of points in Table 2 (Proposal Evaluation Criteria) by
0.01.
RFP # 16-001383 Page 4 of 31
Proposal Review Committee ("PRC") - A committee established by the EEP to review and evaluate each Proposal received and to
make recommendations to the Contract Administrator.
Public Meeting - A meeting or informational workshop arranged and run by the Offeror to inform the public about a proposed Project.
Qualifications Section - A section of the Technical Proposal that includes resumes of key staff members (including any subcontractors
and/or consultants used) and past project experience.
Restoration Plan - A written document, supplemented with graphics, which describes: the existing site conditions, the goals and
objectives of the project and other pertinent information. The Restoration Plan is developed and submitted prior to the
implementation of the project. The Restoration Plan must follow the EEP Restoration Plan Format Guidance Document
(Template)-Version 1.2 (03127108) available at: http://www,nceep.neVbusiness/rfps.htm
RFP - Request For Proposals; the document issued by the Department to solicit Proposals from interested Offerors.
River Basin - The largest category of surface water drainage; there are seventeen (17) river basins in North Carolina.
Riparian Buffer Entrancement - For the purposes of this RFP, Riparian Buffer Enhancement is defined as the process of converting a
non-forested riparian area, where woody vegetation is sparse (greater than or equal to 100 trees per acre but less than 200 trees
per acre that are greater than or equal to five inches dbh for trees and greater than two feet in height for shrubs)) to a forested
riparian buffer area. Nuisance and exotic vegetation are not included in the stem count. Restoration of woody vegetation along
ditches that deliver runoff directly to waters classified in accordance with 15A NCAC 213.0100 that are not part of an existing
nutrient reduction program can be approved for mitigation provided that this activity addresses the predominant source of
pollutants into the system. The enhanced, forested riparian buffer area siraii- irn-iude- a *,ir gum el at least two. r iat ve r"iardwood
tree species planted at a density sufficient to provide 320 trees per acre at maturity, and diffuse flow through the riparian buffer
shall be maintained. The enhancement area must be a minimum of 50 feet and a maximum of 200 feet wide (measured
landward from top of bank of stream or ditch).
Riparian Buffer Restoration - For the purposes of this RFP, Riparian Buffer Restoration is defined as the process of converting a non-
forested riparian area, where woody vegetation is absent (less than 100 trees per acre acre that are greater than or equal to five
inches dbh for trees and greater than two feet in height for shrubs) to a forested riparian buffer area. Nuisance and exotic
vegetation are not included in the stem count. Restoration of woody vegetation along ditches that deliver runoff directly to waters
classified in accordance with 15A NCAC 2B.0100 that are not part of an existing nutrient reduction program can be approved for
mitigation provided that this activity addresses the predominant source of pollutants into the system. The restored, forested
riparian buffer area shall include a minimum of at least two native hardwood tree species planted at a density sufficient to provide
320 trees per acres at maturity, and diffuse flow through the riparian buffer shall be maintained. The restoration area must be a
minimum of 50 feet and a maximum of 200 feet wide (measured landward from top of bank of stream or ditch).
Riparian Wetlands - an area that is adjacent to a stream or river and underlain with hydric soils.
Scope of Services - All services, actions, and physical work required by the Department to achieve the purpose and objectives defined
in the RFP; such services may include the furnishing of all required labor, equipment, supplies and materials except as
specifically stated.
Sealed: Cost Proposal' - The completed Sealed Cost Proposal form included in the RFP signed by the Offeror specifying the total
compensation requested for the performance of the specified scope of services as defined by the RFP. If more than one Site is
proposed, a separate Sealed Cost Proposal must be submitted for each Site. If the Offeror is willing to offer multiple options
(i.e. different quantities of mitigation at different unit costs) for one proposed site, a separate Sealed Cost Proposal must be
submitted for each option offered.
Service Area - A geographic area, usually defined by 14 digit Hydrologic Unit numbers. A Service Area may extend into multiple River
Basin Cataloging Units (CUs)
Site - Property or properties identified by an Offeror in a Proposal as having potential to provide either wetland, stream, or
buffer mitigation.
Stream Mitigation Unit ("SMU") - The unit of measurement of the extent of stream mitigation being offered in a Proposal. The SMU
value for a Site is the sum of the Restoration feet, two thirds of the Enhancement Level I' feet, two fifths of the Enhancement
Level ll feet, and one fifth of the Preservation feet.
Summary Report A component of the 5th Year (or final year if monitoring is extended beyond 5 years) Monitoring Report that provides
an assessment of the monitoring data collected from the entire monitoring period. The Summary Report must follow the format
established in the EEP Monitoring Report Template Version 1.2 available at: http://www,nceep.net/business/rfps.htm
RFP ft 16-001383 Page 5 of 31
Targeted Hydrologic Unit (THU) - A 14-digit Hydrologic Unit identified as a targeted area in the RFP. These are preferred locations for
mitigation projects because they may have environmental characteristics that can be improved through restoration projects.
Targeted Hydrologic Units can be found in Section 4. MITIGATION REQUESTED of this RFP.
Technical Proposal - One of the two parts of the Proposal; a technical description of the proposed: mitigation.
Unit Cost - Total proposed cost of implementing the. Site divided by the number of WMUs, SMUs, or BMUs proposed; for Proposals
offering multiple Sites, a separate Sealed Cost Proposal must be provided for each Site. Unit Costs are in dollars per WMU,
SMU, or BMU',
USACE - United States Army Corps of Engineers, Regulatory Branch, Wilmington Division.
USGS - United States Geological Survey.
Watershed Restoration Plan - A planning document prepared by the EEP that targets specific watersheds (TLWs) with descriptions of
existing degradation and protection needs for restoration project implementation. Unless otherwise stipulated in the RFP, EEP
encourages mitigation sites to be located in these targeted local watersheds (i.e. hydrologic units). Sites located within
targeted hydrologic units are preferred and will receive higher evaluations (Proposal Ratings) than Sites not in the
targeted hydrologic units (see Technical Proposal Evaluation Criteria/Determination of Proposal Rating form:).
Watershed) Restoration Plans can be found at the following web address: http:liwww,nceep.net/business/rfps.htm
Wetland Mitigation Unit ("WMU") - The unit of measurement of the extent of wetland mitigation being offered in a Proposal. The WMU
value for a Site is the sum of the Restoration acres, one-third of the Creation acres, one-half of the Enhancement acres, and
one-fiffn of the preservation acre's.
Sects 2 INIRODUCIION
The mission of the EEP is to restore, enhance, preserve and protect the functions associated with wetlahds, streams and riparian areas
that are essential for the restoration, maintenance and protection of water quality and riparian habitats throughout North Carolina. The
goals of the EEP are to:
• Execute the requirements placed on the NCDENR by the North Carolina Wetlands Restoration Program Act (N.C.G.S. 143-214.8, et
seq.)
• Enhance the natural resources of North Carolina by addressing watershed needs.
• Fully satisfy compensatory mitigation requirements for authorized impacts on a programmatic, watershed-level basis.
• Provide in-ground, functioning compensatory mitigation for authorized impacts in advance of the actual impacts.
• Satisfy the compensatory wetland, stream and buffer mitigation assumed by the EEP.
• Provide a means for organizing, steering, funding, and implementing ecosystem enhancement efforts in the State of North Carolina
This RFP is soliciting Proposals from qualified Offerors for needed wetland, stream, and/or buffer mitigation as described herein for the
EEP to successfully meet permit conditions mandated by the Regulatory Agencies.
This RFP is not an offer for a Contract, nor does the Department's acceptance of any Proposal guarantee a Contract with the
Department. The Department reserves the right to reject any or all proposals deemed not to be in the best interest of the State of
North Carolina.
When used in this RFP and/or any subsequent Contract that may be entered into, the words. "must", "will", and "shall" are
obligatory. The words "may" and "should" are optional.
Sectim 3. QUESTIONS/ANSWERS/ADDENDA
Prospective offerors are to submit written questions concerning clarification of information relative to the specifications in this Request for
Proposals to Kimberly Williams via email (kim.williams d)ncmail.ne8 or via fax [phone] on or before August 29, 200E NO
PHONE CALLS PLEASE. Only written questions, submitted as described in this section, will be accepted by the North Carolina
Department of Environment and Natural Resources, Ecosystem Enhancement Program. Written questions are considered legally
binding and any verbal questions/contact is not. NO WRITTEN (OR VERBAL) QUESTIONS WILL BE ACCEPTED AFTER THE DATE
AND TIME SPECIFIED HEREIN.
RFP # 16-001383 Page 6 of 31
ALL contact, pertaining to this RFP, with the members of the professional staff of the Department andlor the EEP staff, other than
the point of contact mentioned above is rohibite excluding site visits.
After compiling all questions/answers and clarifications, a summary of all questions and answers will be posted on the Internet as a formal
written addendum located at http://www.ips.state.nc.us under this RFP number. (Search by the Department or by the
RFP Number). The addendum will indicate if it is required to be signed and returned along with your proposal(s). Also the addenda will
indicate if a revised closing date has been set for submitting your offer.
It is the Offeror's responsibility to check this Internet site periodically for addenda that will be posted up until the closing date on the RFP, to
assure that all addenda have been reviewed and, if required, signed and returned within your proposal(s). If the addenda are required to
be returned and are not included with your Proposal(s), the proposal(s) will be deemed "non responsive" and your proposal(s) wit be
subject to rejection and not considered. (Exception to this rule is that the addendum was not posted until after the sealed technical
proposal was delivered to EEP, in which case, the addendum will be accepted in a separate sealed envelope and marked accordingly).
Offerors must not put the addenda in with the sealed cost proposal(s). The addenda must be included in each sealed technical proposal
(including the copies and CD-Rs) and marked with the addenda number. Place the addenda along with the execution page of the RFP in
each binder, in front of the technical proposal(s) submitted for each site. Any required addenda do not count towards the 40 page (printed
front and back) limit for Technical Proposals (see Section 9. TECHNICAL PROPOSAL FORMAT AND CONTENT).
Secifion 4. i11i MGAWN REQlES1EU
The Department desires to acquire riparian buffer mitigation units in the SERVICE AREA for the NEUSE RIVER BASIN
in the amounts specified in Table 1 below. The SERVICE AREA for the Netuse River Basin is defiined in Table 2 and
illustrated in Figures 1 thru 4. Proposals for mitigation sites outside of the Service Area wiff not be accepted.
Table t..
Riparian But[er
tl KMatiion Rlequesftd for Neuse Mitigation
River Basin Service Area Units
NOTE: Proposed. Sites must be located in the
SERVICE AREA for the Neuse River Basin as
defined in Table 2 below. 60
All proposals must include documentation that the Offeror has either a recorded, unencumbered deed to the Site(s)
being proposed, a transferable Conservation Easement guaranteeing protection of the Site in perpetuity in a forme
acceptable to the EEP and the State Property Office, or a recorded option to purchase the Site or a Conservation
Easement on the Site, The State will be the Grantee for all easements secured by full delivery providers through this
Request for Proposals.
Table 2.
SERVICE AREA FOR NEUSE RIVER BASIN
Cataloging Unit
03020201 Cataloging Unit
03020202 Cataloging Unlit
03020203 Cataloging Unit
03020204
03020201010020 03020202040010 03020203020030 03020204020010
03020201020010 03020202040020 03020203020040 03020204020040
03020201030020 03020202040030 03020202040020 03020204050050
03020201110050 03020202050040 03020203060010 03020204070010
03020201140010 03020202060020 03020203060020
03020201150050 03020202060030 03020203060040
03020202080010 0302020307,0010
03020202090030 03020203070030
03020202090040 03020203070040
03020202090050 03020203070050
03020202090060
03020202100020
Note: All of the above are Targeted RUCs.
RFP 4 16-001383 Page 7 of 31
Figure 1. MAP OF SERVICE AREA FOR CATALOGING UNIT 03020201
0
r
103010104
GRANVii Il_E
)20101
CRANKIIN
©I)RHAM
1
NASH
03030002
WAKE
t An
03030003 f-'
LEE
MS1cm
WARREN
03020102
WII SON I
J 7
HARNEY1
r,.u, C?II ery Service Area
o Neu 01
Catalog Unit
rwgel6d E,4,
E????n;?nu i?dt
WA'1'Nt
SA14PSrC N 03030007
03030006 I[ PLIN

RFP 4 16-001383 Page 8 of 31
Figure 2. MAP OF SERVICE AREA FOR NEUSE RIVER BASIN - CATALOGING UNIT 03020202
03020101
!MASH
HX7. b -- OM BE
03010107
WILSON
03020103 KAUfMTf
x P[TT
03020203 :;? 03020104
GREEK
03020204
F @ Dt4N ry 5 c* Am3 )Ot*s
For Touse 02
rata Unit,
cw?vrN
03030001
03020106
C'ARTE"RET
RFP # 1 6-00 1 3 83 Page 9 of 31
Figure 3. MAP OF SERVICE AREA FOR NEUSE RIVER BASIL - CATALOGING UNIT 03020203
HAI It AX
03020102
FRAM KH N
03020101
EDGECOMBE
03020103
PITT
3OHN,STON
03020201
WAYNE
Full Delivery Service Area
For u 03
Catalog Una

03020202
1,E Nt)IR
0107
CRAVEN
]ONES
03020204
RFP # 16-001383 Page 10 of 31
Figure 4o MAP OF SERVICE AREA FOR MEUSE RIVER BASIN - CATALOGING UNIT 03020204
RFP 4 16-001383 Page 11 of 31
The EEP recognizes that an Offeror might not be able to find one Site that provides the total amount of mitigation requested for
each Cataloging Unit listed above. Therefore, Proposals may be submitted in any of the following categories:
• One or more Sites providing all of the requested Restoration within the Service Area; or
¦ One or more Sites providing a portion of the requested Restoration within the Service Area; or
¦ Available Credits from an approved Mitigation Bank that provide some or all of the requested Restoration within the
Service Area.
The Department may enter into one or more Contracts to produce the needed amount of mitigation. Should more than one Site be
selected for award from one Offeror, a separate Contract will be executed for each Site.
Unless the Offeror states, in both the cover letter and the Executive Summary of the Technical Proposal that multiple mitigation
options are being offered for a site, and specifically describes each option, the Department shall only consider the fulll proposal
amount and will not extend an offer to contract for less than the full amount indicated in the Proposal. A separate Sealed Cost
Proposal must be submitted for each option (See Section 9. TECHNCIAL PROPOSAL FORMAT AND CONTENT).
In order for the Department to acquire the requested amount of mitigation to meet required compliance needs, the Department
may accept two or more proposals from one or more Offeror(s), resulting in a combination that is the most ecologic and
economic for the State, as determined by the Department.
Proposals will NOT be accepted using the following types of sites:
• Property purchased with Clean 'Water Management Trust Funds; or
Property that is enrolled in the Conservation Reserve Enhancement Program, Conservation Reserve Program, Wetlands
Reserve Program, or any other state or federal program that provides funds for any of the tasks outlined in this RFP; or
• Property that has been used for compensatory mitigation under Section 404 and/or 401 of the Clean Water Act, unless the
proposed site is part of an approved Mitigation Bank and documentation is provided to demonstrate that the Mitigation Bank
contains credits that have not been used to satisfy the compensatory mitigation requirements under Section 404 and/or 401 of
the Clean Water Act.
9 Properties that are in.. control by the State or currently in negotiation for Compensatory Mitigation needs by any State or Agency.
S Properties that are controlled by the Federal Agencies.
The actual amount of mitigation that may ultimately be recommended by the Department will depend on the quality of the
proposals submitted; the quantity of mitigation offered, the proposed cost, any updated needs for mitigation by the EEP and
what is in the best interest of the State of North Carolina.
ltd °an Buffer Mitigation Proposals:
For the purposes of this Request for Proposals, the definitions of Riparian Buffer Restoration and Enhancement are as follows:
Riparian Buffer Enhancement - is defined as the process of converting a non-forested riparian area, where woody vegetation is sparse
(greater than or equal to 100 trees per acre but less than 200 trees per acre that are greater than or equal to five inches dbh for
trees and greater than two feet in height for shrubs)) to a forested riparian buffer area. Nuisance and exotic vegetation are not
included in the stem count. Restoration of woody vegetation along ditches that deliver runoff directly to waters classified in
accordance with 15A NCAC 2B.0100 that are not part of an existing nutrient reduction program can be approved for mitigation
provided that this activity addresses the predominant source of pollutants into the system. The enhanced, forested riparian
buffer area shall include a minimum of at least two native hardwood tree species planted at a density sufficient to provide 320
trees per acre at maturity, and diffuse flow through the riparian buffer shall be maintained. The enhancement area must be a
minimum of 50 feet and a maximum of 200 feet wide (measured landward from top of bank of stream or ditch).
Riparian. Buffer Restoration - is defined as the process of converting a non-forested riparian area, where woody vegetation is absent
or very sparse (less than 100 trees per acre that are greater than or equal to five inches dbh for trees and greater than two
feet in height for shrubs) to a forested riparian buffer area. Nuisance and exotic vegetation are not included in the stem count.
Restoration of woody vegetation along ditches that deliver runoff directly to waters classified in accordance with 15A NCAC
28.0100 that are not part of an existing nutrient reduction program can be approved for mitigation provided that this activity
addresses the predominant source of pollutants into the system. The restored, forested riparian buffer area shall include a
minimum of at least two native hardwood tree species planted at a density sufficient to provide 320 trees per acre at maturity,
and diffuse flow through the riparian buffer shall be maintained. The restoration area must be a minimum of 50 feet and a
maximum of 200 feet wide (measured landward from top of bank of stream or ditch).
RFP # 16-001383 Page 12 of 31
In evaluating sites, all stem counts must be tree species native to North Carolina. It is assumed that small specimen trees of species not
native to North Carolina will be removed as part of the restoration or enhancement project. Large specimen trees, regardless of whether
they are native to North. Carolina, may be preserved.
1) The mitigation site, either restoration or enhancement, must be a minimum of 50 feet wide to receive buffer mitigation credit.
2) The mitigation plan must be consistent with the NCEEP's "Guidelines for Riparian Buffer Restoration" located at
htpt :Ilwww.nceep.neUnews/reports/buffers.pdfunless otherwise approved in writing by DWQ.
3) Mitigation credit can be given for restoration/enhancement of riparian buffer along one side of a stream as long as the planted buffer
zone is geo-morphologically stable. Credit will be based on square footage of buffer enhanced or restored.
4) Where riparian buffers are restored along intermittent and perennial streams, the stream must be stable. In situations where the
stream is unstable, a stream restoration or enhancement plan must accompany the riparian buffer mitigation plan unless
documentation can be provided to show that this activity is not required.
5) Where riparian buffers are restored along ditched streams (modified natural streams), the stream must be subject to the buffer rules
as described in 15A NCAC 02B .0233(3) and .0259(3). These streams must not be actively eroding. If the modified stream) is
unstable, a stream restoration or enhancement plan must accompany the riparian buffer mitigation plan.
6) Subsurface drainage from field drainage tiles must be eliminated in order to be certain that the buffer is providing the intended water
quality improvement.
7) Existing surface drainage should be in a diffuse manner through the restored/enhanced buffer. Where feasible, drainage ditches,
swales and any other conveyances should be converted to diffuse flow before entering the buffer to receive mitigation credit. Failure
to provide diffuse flow will result in a reduction in Riparian Buffer Mitigation Units for the proposed project as illustrated below:
"tasm", Sa*
1
him ccater a%w
?a
2 U.) Ifeet ISM
u u
1 I!
I+
C'
RFP # 16-001383 Page 13 of 31
A, B and C are angles. a, by and c are distances (lengths):
a=50'
A = 30Q
b = a 1 tangent A
b = 501.577
b = 86.6' (87')
The area to be excluded from.. credit would be the area of the two right triangles:
Area of one triangle =112a x b
Area = % x 50 feet x 87 feet
Area= 2,175 SF
Total deducted area = 2,175 x 2 = 4,350 SF or z 0.1 acres.
Riparian Buffer Mitictation Units
For the purposes of this RFP (the Technical Proposal, and any Contracts that may result from this RFP), the amounts of mitigation
proposed must be converted into Riparian Buffer Mitigation Units.
Riparian Buffer Mitigation Units (131141IN are determined by using; the following formula:
BMU = R + (E13.0)
Where R = Restoration acres and E = Enhancement acres,
Example. A riparian buffer mitigation project consisting of 20 acres of Restoration and 12 acres of Enhancement has 24 Riparian Buffer
Mitigation Units (20 + 12/3 = 24)
It is. not expectedy nor encouraged, for Offeror's to contact or engage the Agencies in providing advice or confirming the above
documentation concerning; potential riparian buffer mitigation sites.
Sedlilm S. SCOPE OF WORK
The Scope of Work comprises eleven (11) tasks, each having a deliverable (i.e., a document or a completed action) which is considered to
be a Project Milestone (see Table 1).
Task 1 EEP requires two (2) hard copies of the deliverables. for Task 1:
a) Conduct an environmental screening using the Exhibit 2: Categorical Exclusion Action Classification Forme. (surveys of
potential protected species, archaeological sites, historical architecture structures, contamination, etc.) of the site.
Categorical Exclusions, must have final approval from FHWA before task #2 will be approved.
b) Publish a Public Notice in a newspaper (comment period should be 30 days following publishing the ad) serving the area
surrounding the Site that gives its location and briefly describes the activities and ultimate fate of the Site. Based on public
response, determine if a Citizen's information Workshop is necessary. If so, hold a Workshop to inform the public about the
proposed. Project and answer any questions they may have. Submit a copy of the Public Notice and all comments received
(or documentation justifying not scheduling a Public meeting) to EEP as part of Task 1 deliverable.
Task 2 EEP requires two (2) hard copies of the deliverables for Task 2, and one electronic copy for surveys of conservation
easement boundaries:.
Provide for the protection of the Site(s) in perpetuity through a Conservation Easement to ensure that future activities (including
mining, dredging, timbering, and building) do not alter the state of the restored Site(s). Conservation easements acquired must
be held by the State of North Carolina. The State of North Carolina, will NOT accept fee simple title to any property as a result of
this Request for Proposals. The conservation easement must include conditions that allow the EEP andlor its authorized
representatives to enter the property for the purpose of inspecting, monitoring, repairing and/or any other activities necessary to
maintain the site. The Contractor shall convey to the State of North Carolina the rights. to all mitigation derived from each
site within the area of the Conservation Easement(s) as part of the Contractor's obligations.
RFP # 16-001383 Page 14 of 31
The template EEP conservation easement for full delivery mitigation contracts that must be used, except for proposals that offer
mitigation credits obtained from an approved Mitigation Bank, can be found at: http://www.nceep.neVbusiness/ffps.htm. It is
incumbent on the Contractor to provide to the landowner(s) of the. Site(s) a copy of the EEP conservation easement to discuss
and ensure that the landowner(s) are in agreement with the terms of the EEP conservation easement prior to submittal of their
proposal for this RFP.
Prior to recordation, the Contractor must submit electronic copies of the attorney's report on title, preliminary survey„ and draft
conservation easement for review by EEP and the North Carolina Department of Administration-State Property Office. Submittal
of these items should be emailed to the EEP and the North Carolina Division of Administration-State Property Office. Surveys
shall be georeferenced and provided' in AutoCAD or dwg format and in ArcGIS format. The Full Delivery Requirement for
Completion of Survey for Conservation Easements can be found at http://www,nceep,neVbusiness/rfps.htm EEP erects that
the submitted file will match closely the project area(s) shown in the project proposal location map. EEP and the North Carolina
Division of Administration-State Property Office will review and notify the Contractor of the approval of these documents prior to
recordation.
The Contractor shall submit the recorded easement and 2 copies of the recorded plat with the invoice for Task 2 deliverables.
The Contractor shall supply the original title policy to the State Property Office as soon as it is available. The Contractor shall
provide the final easement boundary in AutoCAD or.dwg format as well as a file in ArcGIS format. The files must be projected
in the State Plane Coordinate system (NAD 83) using a base unit of feet. Refer to the guidance document "Format, Data
Requirements, and Content Guidance for Electronic Drawings Submitted to EEP" which can be found at
hftp://www.nceep.net/business/rfps.htm.
Task 3 EEP requires three (3) hard copies of the "Draft" restoration, plan. After " ' approv*, EEP requires three (3} hard
copies and one (1) pdf file on a compact disc (which can be sent electronically if preferred) of the "Final" restoration
plans.
Develop a Site-specific Restoration Plan, as appropriate for each site and submit it to the EEP for review, comment, and
approval. The Restoration Plan must specifically describe the goals of the project and the objectives used to accomplish the
goals. Primary goals, such as water quality, water quantity/flood attenuation, and habitat, should focus on the ecological uplift
that the project will provide to the site. The Restoration Plan must provide the following:
1. A map of the proposed riparian buffer restoration and/or enhancement site;
2. A vegetation plan. The vegetation plan shall include a minimum of at least two native hardwood species planted at a density
sufficient to provide 320 stems per acre through the five year monitoring period;
3. A grading plan. The site shall be graded to in a manner that ensures diffuse flow through the riparian buffer;
4. A fertilization plan; and
5. A schedule for implementation.
Note: The Draft Restoration Plan must include a completed FENIA Floodplain Checklist. The checklist can be found at
http://www.nceep.neVbusiness/rfps.htm
The Performance Bond is also due as part of this deliverable (See Section 12 PERFORMANCE GUARANTEE)
Task4 Secure all necessary permits and/or certifications (i.e. 401/404, Erosion and Sedimentation Control permit, FEMA floodplain
certification, etc) and complete the implementation of the earthwork portion of the mitigation site (submit copies of all permits with
payment request). Applications for 401/404 permits shall not be made until the Final Restoration Plan has been approved (in
writing) by EEP. Applications must include a copy of the approved/signed categorical exclusion, and a copy of the Restoration
Plan approval letter from EEP.
Task 5 Complete planting of the mitigation site and install all monitoring devices/plots. Vegetation must be planted at least six months
before monitoring activities are conducted at the end of the growing season. Vegetation monitoring plots must be installed per
the CVS-EEP Protocoli for Recording Vegetation- VERSIOl4 4.0. Contractors should review all information and materials
related to the protocol published at the following website: http://www.nceep.neVbusiness/Opg,htm
RFP # 16-001383 Page 15 of 31
Task 6 EEP requires three (3) hard copies of the "Draft" Mitigation Plan. After "Draft" approval, EEP requires three (3) hard
copies and one (1) pdt file on a compact disc (which can be sent electronically if preferred) of the "Final" Mitigation
Plan.
Prepare a Mitigation Plan and a set of As-Built Drawings for the Site and submit it to the EEP. The vegetation monitoring plan
submitted as a component of the mitigation plan must follow the CVS-EEP Protocol for Recording Vegetation - Version 4.0 for
Level 1, 2 and 3 monitoring, including the submission of required data to both EEP and the Carolina Vegetation Survey.
Contractors should review all information and materials related to the protocol published at the following website:
http://www.nceep.neVbusiness/rfps.htm
Note: Level 3 vegetative monitoring plots will be required when the project site contains marsh, bogs and/or
documented occurrences of Endangered and Threatened Species (vegetation only). For all other sites, Level t
and Level 2 will be required.
Tasks 7-11 EEP requires three (3) hard copies and one (1).pdf formatted copy on a compact disc (which can be
sent electronically if preferred) of the yearly Monitoring Report deliverables for Tasks 7 -11.
Monitor the mitigation site as stipulated in the Mitigation Plan to assess the success of the restored site for a period of at least
five years. Submit annual monitoring reports and data to the EEP (and Carolina Vegetation Survey, as required). Each annual
monitoring report must be submitted to the EEP by December 1 st of the year during which the monitoring was conducted. The
project success criteria of 320 stems per acre must be met at the end of the 5th year of monitoring, or monitoring will continue
until the success criteria are met. The 5th year Monitoring Report (or final year in cases where monitoring has been extended
beyond 5 years) must include a. Summary Report that provides an assessment of the monitoring data collected from the entire
monitoring period.
Secfforr &
The "project start date" will be one week following the final execution of the contract and all milestone deliverables will be determined from
that date. Final execution means that the Director of the Division of Purchase & Services for the North Carolina Department of Environment
& Natural Resources has signed the contract. The contract period shall be for seven (7) years from date of award; therefore, the
project timeline schedule must be based on completion (including the 5 year monitoring period)- within, the seven (7) year
contract period. Projects that do not meet this requirement may not be considered.
Secffoln 7. PAYMENT SCHEDULE
The specific amount that will be paid to the Contractor by the Department will be stipulated in the Contract that is awarded to the Offeror.
The amount that will be paid at the completion of each task can be calculated by multiplying the contract amount by the percentages
assigned to each task in Table 1. Payment will be made for each Task upon receipt of an invoice from the Offeror that provides sufficient
information to allow the Department to determine that the Task has been satisfactorily executed and accepted by the EEP.
With each invoice, the offeror is required to include documentation supporting the progress made toward achieving the expected mitigation
targets. The offeror is required to coordinate this reporting method with the contract administrator prior to submittal of invoices. This
information must be in sufficient detail to satisfy EEP that the project is proceeding according to the proposal.
Table 1- Project Milestones and Payment Schedule
Task Project Milestone Payment
(% of Contract Value*)
1 CE Document, and Public Meeting*
*Use Public Meeting advertisement format (found at h :ll In / h i 5
2 Submit Recorded Conservation Easement on the Site 20
3 Restoration Plan Approved b EEP 15
4 Mitigation Site Earthwork completed 15
5 Mitigation Site Planting and Installation of Monitoring Devices 10
6 Mitigation Plan (including As-Built Drawings) Approved b EEP 5
7 Submit Monitoring Report #1 to EEP meets success criteria 10
8 Submit Monitoring Report #2 to EEP meets success criteria 5
9 Submit Monitoring Report #3 to EEP meets success criteria 5
10 Submit Monitoring Report #4 to EEP meets success criteria 5
11 Submit Monitoring Report #5 to EEP meets success criteria 5
Total 100%
RFP # 16-001383 Page 16 of 31
Any and all invoices must include the RFP number, site name and DE14R contract number on the invoice itself and on any
supporting documentation submitted with the invoice. Otherwise, the invoice may be returned and/or payment of the invoice
may be delayed.
All written plans, reports, or other documents shall' include the Site Dame, River Basin, Catalbgdng Unit, County, and Contract
Number on the Title Page. Otherwise, the submittal may be marked incomplete and returned to the Contractor for completion.
All submittals should also include the version and date of submittal.
The 7-year timeframe of the contract may be modified based upon all of the following: (1) documentation from the contractor explaining the
need for an extension, (2) agreement by the EEP that an extension is justified, (3) agreement by DENR Division of Purchase and Services
that an extension is justified, and (4) authorization. from the Department of Administration, Division of Purchase and Contract to DENR
Division of Purchase and services to extend the contract. However, no additional funds will be available for any extension of time to fulfill
the contract.
If site fails to meet success criteria, as indicated in any Monitoring Report, payment of the monitoring task may be made if a suitable
contingency plan is submitted to and accepted by the EEP.
Possible Downward Payment Adjustments - Payment by the Department will be based on the number of BMUs the Contractor is able to
provide at the Unit Price first established by Department pursuant to the Proposal review process and identified in the Scope of Work
section above. In order to ensure that the Department does not overpay at the end of the process, periodic adjustments may be made so
that the Final Total Payment equals the final number of mitigation units, as determined by the EEP, delivered by the Contractor multiplied
by the original Unit Price. Payment adjustments may be made after the initial Contract is executed based on the number of mitigation units
that are obtained from each site as docUiTTertted after the ccmrpletion of tlv restoraticir, piarr, site restoration or during the monitoring
period.
Secffon & CON11WJ1CT A.tDWJNLSTRATOR
Jeff Jurek is designated as the Contract Administrator for the Department for the purposes of this RFP.
Srectim 9 TECHNICAL PROPOSAL FOWIAA.T AND COWEN[
Each proposal must be submitted in two parts - (t:) SEALED Technical Proposal and (2) SEALED, Cost Proposal in separate sealed,
labeled envelopes or packages. The Sealed Cost Proposal must be in a separate sealed envelope. See Section 13 for additional
information about the Sealed. Cost Proposal. All envelopes and packages must be clearly labeled on the outside with the following
information:
I. Offeror's name and address.
2. The River Basin and 14 digit Hydrologic Unit for which the Proposal is being submitted.
3. The site name and the type of mitigation being proposed,
4. The RFP number.
5 The words "Seated Technical, Proposal" or "Sealed Cost Proposal" as appropriate.
6. The date.
To facilitate systematic comparisons by the Department during the evaluation process, Sealed Technical Proposals and Sealed Cost
Proposals must follow the precise organization, format and content requirements set forth below.
It is extremely important that the Sealed. Technical Proposal be written in such a manner that it describes each Site separately and that the
Sealed Cost Proposal provides the cost for each type of mitigation (i.e. stream, wetland, etc.) separately. Sealed Technical and Sealed
Cost Proposals for Buffer Mitigation must be "Stand Alone" proposals; that is, they must not include, or be included in Proposals for stream
and/or wetland mitigation. One (1) technical proposal may be submitted for multiple CONTIGUOUS or NON-CONTIGUOUS Sites
provided that all the Sites in the proposal are direct tributaries to the same main stem stream.
The Technical Proposal shall follow the outline below (within a 3 ring binder):
• Execution Page and Addenda- The signed execution page and any addenda required to be returned.
• Cover Letter - The cover letter should provide an introduction to the provider and the project and document the individual pieces of
the submittal. The letter will bear the authorized representative's signature. The cover letter should indicate if the offeror is
proposing multiple options for a site, and provide the specific options being offered in the Executive Summary.
RFP # 16-001383 Page 17 of 31
• Part 1- Executive Summary - The executive summary shall consist of highlights of the general contents of the proposal, and shall
clearly state the anticipated mitigation type and amount of mitigation proposed. If the offeror is proposing multiple mitigation options,
each option must be specifically described in this section. Cost information MUST NOT be included in the Technical Proposal.
• Part 2- Financial Statement - The offeror's most recent audited financial statement or similar evidence of financial stability shall be
provided. If the offeror considers its financial information confidential, it should be clearly stamped "Confidential". Submit a hard
copy of the financial information in the binder(s) with the original sealed technical proposal(s).
• Part 3 - Corporate Background and Experience - This section shall include background information on the firm submitting the
proposal, the firm's ability to carry out all phases of the proposal, information concerning similar mitigation projects completed in North
Carolina and other states, the firm's office locations, the experience of the project manager, the firm's multidisciplinary approach to the
project, the resumes of key personnel for the primary offeror and sub-contractors, and DBE/HUB participation. A list of references
(including contact persons and telephone numbers) for whom similar work has been performed shall be included.
• Part 4 - Project Organization o This section must include the proposed staffing, deployment, and organization of personnel to be
assigned to this project. The offeror shall provide information as to the qualifications and experience of all executive, managerial,
legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the
responsibilities to be assigned to each person.
• Part 5 - Technical' Approach - This section shall include and be completed in the following sequence
• 5.1 Project Goals and Objectives - Specifically describe the goals of the project and the objectives used to accomplish the
goals. Primary goals, such as water quality, water quantity/flood attenuation, and habitat, should focus on the ecological uplift
that the project will provide to the site. Unless otherwise specified in the RFP, the proposed ecological benefits of the site may be
determined at the discretion of the Offeror. If a proposed site provides more than one of these goals, that will be taken into
consideration in the site rating.
• 5.2. Project Description - Provide a detailed description of the project including, but not limited to a description of the site in its
existing condition; watershed (including County and 14-digit Hydrologic Unit) and its condition; soils and geology; anticipated
cultural resources, protected species issues, floodplain compliance issues; and known site constraints (ie. other easements,
crossings, site access, etc.).
• 5.3 Project Development - Describe in detail' the means by which the proposed changes will be made. Identify individual
project areas and the specific activities that will be conducted to restore those areas. Describe in detail reasons for the
anticipated activities and why these activities are warranted to the level proposed. Clearly state the anticipated ecological uplift
for each activity. Although detailed aspects of the project may not be available at proposal stage, the offeror should have an
understanding of the anticipated ecological uplift for the activities proposed.
• 5.4 Proposed Mitigation - Provide a description of the mitigation credits proposed.. Include an explanation of how the proposed
credits were derived and a table of mitigation types (i.e. restoration and/or enhancement) and credits.
• 5.5 Current Ownership - Identify the ownership of all parcels which will be affected by the project. include the landowners
name and the status of option agreements. Signed option agreements may be provided as an appendix.
• 5.6 Project Phasing,,- Provide a complete schedule for completing. the tasks for the project as identified in this RFP. Describe
methods for completing these tasks. The proposed schedule must be based on completion of the project (including the 5 year
monitoring period) within the seven (7) year contract period (see SECTION 6. CONTRACT PERIOD).
• 5.7 Success Criteria - Indentify specific performance standards that are anticipated to be utilized to measure success of the
project.
• Part 6 - Quality Control - This section shall describe the offeror's Quality Control Program and other procedures that wall be
used to ensure: 1) each deliverable (i.e. Restoration Plan, Mitigation Plan, Monitoring Report, etc.) is submitted in accordance
with the schedule established in the Technical Proposal, follows the format(s) established by EEP, contains all required
information, and is grammatically/typographically correct; and 2) sufficient oversight is provided during the construction phase
so that the project is completed on schedule and in compliance with any required Federal, State or Local permit(s).
Maps diagrams, and/or photographs may be used to supplement the text and may be printed on one side. However, the Technical
Proposal must not exceed a total of 40 pages printed front to back (80 page limit) and shall be submitted within a three ring binder with
sections. Photographs, maps and diagrams will count toward the 80 pages. If a Technical Proposal does not meet all the Department's
requirements, it will be rejected and the corresponding Sealed Cost Proposal will not be opened.
RFP # 16-001383 Page 18 of 31
SEALED TECHNICAL PROPOSAL
TO BE SUBMITTED IN ONE SEALED BOXIPACiKAGE:
• One (1) original of the Technical Proposal, identified as "Original" on the outside of the bindertbooklet. The original
Technical Proposal MUST include all financial statements and any other confidential information. All confidential
information must be clearly stamped as "confidential".
• Five (5) hardeopies of the Technical Proposal identified as "Copy" on the outside of the binderibooklet. These copies
should not include any financial or confidential information. With the exception of the financiallconfidential
information, these copies must be an exact duplicate of the Technical Proposal with no additional information or
missing information.
One (1) Compact Disc-Read Only (CD-R) containing the Technical Proposal, excluding the financial/confidential
information. The CD should be clearly marked as "Technical Proposal". The CD files must be an exact duplicate of the
hardcopy of Original Technical Proposal with no additional information or missing information (except
financiallconfidentiai information). The files must be in PDF format that only allows for high resolution printing,
copying of text, images and other content. All properties of the files must be protected from editing for both the
offeror's and the Department's protection. It multiple CD=Rs are required due to large maps and graphics that cannot
be saved on one CD-R, the additional CD(s) must be labeled on the outside in sequence such as 1, 2 and/or 3, etc. NO
COST INFORMATION CAN BE INCLUDED ON THE CD-Rs THAT CONTAIN THE TECHNICAL PROPOSAL.
• One !,1) Compact Disc-Read Only (CD-R) ArcGIS format of the boundaries of the proposed project. The CD should be
curly marked as "ArcGIS". The boundary can be the proposed easement(s), the property boundaries, or a general
project area. EEP expects that the submitted file will match closely the project area(s) shown in the project proposal
location map.. The file must be in ArcGIS format and must be groiected in the Stake Plane Coordinate system MAD 83)
usinu a base unit of meters or feet. It is preferred that the prj file holding the coordinate system information be
included with the file. The table for the ArcGIS file must contain the following files in the following order:
Sate-Name - (List as named in proposal report)
® Company - (Submitting firm)
® Project-Type - (Stream, wetland, buffer or combination)
Coordinate-System - (SP Meters or SP Feet)
Ownership of the CDs and the contents become the property of the North Carolina Department of Environment and Natural Resources.
The Proposal (both Technical and Cost) must be valid for a period of at least six (6) months beyond the specified "Closing Date" for this
RFP.
Sectim illy. PROPOSAL REVIEW AND RAT114G
The review of Technical Proposals will be conducted in five phases. A proposal may be rejected during any phase of review if the PRC
determines that the proposal has not provided the requested information in the specified format, has determined that the firm is not
qualified to perform the services, and/or if it has been determined that the proposal cannot provide the mitigation indicated in the Proposal.
Each proposal will be reviewed and assigned a Proposal Rating prior to opening any Cost Proposal.
Phase 1 - All Sealed Technical Proposals that were received by the specified closing date will be opened and those that that meet the
Department's length and format requirements will be distributed to the PRC.
Phase 2 - Office review of the Technical Proposal, qualifications of the firm, and project approach.
Phase 3 - Field review and evaluation of the proposed site by the PRC and determination of proposal rating (see TECHNICAL
PROPOSAL EVALUATION CRITERIA - RATING FORM below).
Phase 4 - Sealed Cost Proposals for all proposals still under consideration will be opened on a specified date, determined by
DENR Ecosystem Enhancement Program. Bidders, with cost proposals being opened will be notified by DENR
Ecosystem Enhancement Program as to the time and date of Cost Proposal openings.
RFP # 16-001383 Page 19 of 31
Phase 5 - Adjusted Unit Cost will be calculated and determined upon review by the EEP PRC. The Adjusted Unit Cost is defined
as the Unit Cost divided by the Proposal Rating (PR), and is a combined technical and cost measure. A Proposal with the lowest
Unit Cost will not necessarily have the lowest Adjusted' Unit Cost. The Adjusted Unit Cost is a best value determinatlion by the
EEP after evaluating all factors in the Sealed Technical Proposal and then evaluating the Sealed Cost Proposal. The accepted
site(s) will be based upon a combination of the lowest Adjusted Unit Cost, the availability of funding, and what is in the best
interest of the State of North Carolina.
Example: Site X has a Unit Cost of $11, 000 per WMU and an PR = 90. Site Y has a Unit Cost of $10,500 per WMU and a PR =
80. The calculated Adjusted Unit Costs of each site are: Site X = $11,000/0.9 = $12,222; Site Y= $10,500/0.8 = $13,125. Thus
Site X will be rated higher (more favorably) than Site Y since Site X has a lower Adjusted Unit Cost, even though Site X has a
higher Unit Cost.
Phase 6 - The Contract Administrator, the PRC, and the Director of Operations of EEP will confirm the proposal selections and submit
recommendations to the Department and the Department of Administration, Purchase & Contract Section, as required., for
approval.
Technical Proposal Evaluation CriterialDetermination of Proposal. Rating (PR)
Technical Proposals will be evaluated based on the following criteria.
Technical Proposal Evaluation C ria - Rating Form
Offeror:
Site Name:.
River Basin/Cata in Unit:
Type/Amount of Litigation offered:
Proposal Review Commlittee:
i Overall llillF:rk
For Technical Proposals that include riparian buffer restoration and/or
enhancement along ditched streams (modified natural streams), does the proposal
adequately document the stream is subject to the buffer rules as described in 15A
NCAC 02B .0233 3 ? Yes/No or WA
Does the Technical Proposal adequately document the biological and/or physical
impairment that currently exists on the project site? Yes or No

Does the Technical Proposal adequately support the method (level) of restoration
proposed i.e. Restoration or Enhancement)? Yes or No
Does the proposed project provide the minimum riparian buffer width of 50 ft in ALL
areas proposed for restoration and/or enhancement? Yes or No
NOTE:
Continue or
An answer of No in this section means the project proposal is rejected. Reject
RFP # 16-001383 Page 20 of 31
l
2 Potmgal for Water Qwd ity 6npr+ovement (Total of 35 points avaiiabie).
Project located in or adjacent to a 3034=listed stream or its watershed.
Yes = 5 points; No = 0 points)
Project located in a water supply watershed.
Yes = 5 point; No = 0 point)
Project adjacent to and adversely impacted by land that currently produces water
quality problems (i.e. impervious surfaces, nutrients, sediment).
(Severely Impacted = 25 points; Impacted =-1 8 points; Moderately Impacted =
10
points; Slightly Impacted = 5 points; Not Impacted = 0 points)
Total Points Part 2. _
3 Pofnbial for Project to ElkninabelRedace Environmental 5tressors
otal of 30 peleft woffabie
Ability to eliminate or reduce physical and chemical stressors (i.e. nutrient and
sediment inputs, noxious species) and provide flood storage. Note: Excessive
ditchi.rg or other nnn-d!'ffL !sR s! L.rface. water f aw and crossings or fortis that do not
permanently exclude cattle from access to streams reduce the project
effectiveness. Inclusion of stormwater management in the project increases the
project effectiveness.
(Eliminate = 30 points; Greatly Reduce = 20 points; Reduce = 10 points; Slightly
Reduce = 5 points

Total Points Part 3. _
4 Qrralllifiwations & Experkwe of Olfercw (Total of 10 rots xvagalbk
Similar Mitigation Projects Completed
(>2 projects = 3 points; 1-2 = 2 points, 0 = 0 points)
Experience of Project Team
(Good = 2 points; Fair = 1 points; Poor = 0 points)
Multidisciplinary Team Approach to Project
(Good Mix = 2 points; Fair Mix = 1 points; Poor Mix = 0 points)
Quality Control Program

(Good = 2 points; Fair = 1 points; Poor = 0 points) i
DBE/WBE/Minority Involvement
(Participating = 1 points; Not Participating = 0 points
History of Compliance with Required Federal, State and Local Permits
(> 2 permit violations = -10 points; 2 permit violations = -8 points; 1 permit
violation = -5 points)
Total Points Part 4. _
RFP # 16-001393 Page 21 of 31
5 Bonus Points - Ste of Project lm lementation otal of 25 points available
Restoration Plan Complete and required permits obtained = 10 Points
Site Built = 10 Points
Monitoring Complete = 1 Point for Each Year, Maximum = 5
Total Points art 5. _

Total Points Maximum Possible =100 Points =
Proposal Rating Score x o.01 =
Comments:
DOTE: Bonus Points wilt be awarded to proposals that are. in an advanced stage of project implementation (see Section 5-Bonus
Points in the Technical! Proposal Evaluation Criteria - Rating Form). In order to qualify for Bonus Points, indication of an
advanced stage of work must be included in the Technical Proposal. The proposal must indicate if the site has a completed
Restoration Plan: andlor Mitigation Plan and provide a brief summary of any post-construction monitoring that has been
completed to date. A copy of any Federal, State and local permit rotated to the mitigation site must be incle&d in t1,&Technical
Proposal (does not count toward the 40 page limit). Offerors may submit proposals that include mitigation sites at any stage of
implementation at or beyond the site identification stage.
The stages of implementation are defined as:
Site identification - The on-the-ground assessment of potential sites;
Site Acquisition - The process by which landowners participate in the process by agreeing to the protection of viable project sites and the
surrounding watershed through donation, purchase of conservation easements, or fee simple purchase;
Site Assessment - The preliminary step of project design that involves measurement and documentation of existing conditions and
functions of potential project sites and the surrounding watershed. Project goals, targeted functions and a conceptual
design are established at this stage;
Project Design - The production of a final design that provides specifications and drawings to be used for obtaining necessary, permits,
and to guide the construction of the restoration project;
Site Restoration - The construction phase of a project in the physical structure of a site is modified to change the hydrological„
geomorphological, and biological components of a restoration site.
Post-Monitoring - The collection, evaluation and reporting of data following construction to determine if restored sites are meeting project
goals. Post-monitoring can extend to five years after restoration activities and will involve the remediation of sites that
are not meeting established success criteria;
Long-Term Maintenance and Management - The periodic inspection of sites after the post-monitoring phase to ensure the protection of
the sites against unauthorized activities, and to identify and implement maintenance.
As a result of the technical evaluation, a Proposal Rating (PR) with a value between 0.0 and 4.25 (with 1.25 being the highest) will,
be determined for each Proposat by the PRC.
RFP 4 16-00138'3 Page 22 of 31
SECTION If. IMPORTANT INFORMATION
The EEP is not under any obligation to recommend that any site proposed by any Offeror be selected, or that any Contract be executed
with any Offeror. For an Offeror that is selected, however, any payment as may be proposed by the selected' Offeror(s) in accordance with.
the Sealed Cost Proposal is contingent upon the execution of a Contract between the selected Offeror(s) and the Department. All
Contracts are subject to approval by either the DENR Director of Purchase and Services (DIPS) or the DOA Division of Purchase and
Contract (DOA P&C), whichever is applicable, based on dollar value of contract.
The Department reserves the right to terminate a Contract after the completion of Tasks 1 or 2 should any Site be rejected through no fault
of the Contractor, as a result of adverse findings at the completion of these two tasks. In that event, the Department will pay the Contractor
the amount (see Table 1) associated with all tasks up to and through the task in which the termination decision was made. The EEP must
concur that the work in each Task has been satisfactorily completed before assuming liability for any work performed in subsequent Tasks.
Please note that the State of North Carolina will NOT accept fee simple title to any property as a result of this Request for Proposals. As
stated in Task 2 of this Request for Proposals, the selected properties must be protected by a conservation easement held by the State of
North Carolina.
Historically Underutilized Businesses (HUB) - Pursuant to General Statute 143-48 and Executive Order #150, the State invites and
encourages participation in this procurement process by businesses owned by minorities, women and disabled individuals. Funds for
contracts issued under this RFP will be encumbered through the State's E-Procurement System and HUB participation will be recorded.
GENERAL INFORMATION
This is not a NC E-Procurement @ Your Service solicitation that contains a transaction fee. HOWEVER, vendors must register in NC E-
Procurement @ Your Service (http:llvendor.ncgov.com) in order to be awarded a contract for the services in this RFP.
12- PERFORMANCE (GUARANTEE
The Contractor must provide security in the form of acceptable performance bonds or letters of credit as described in the following
paragraph to guarantee delivery of the maximum number of originally contracted Mitigation Units. The performance bonds must be
obtained from a company licensed in North Carolina with a Best's current rating of not less than "A =. Although this RFP is a request for
mitigation and not for construction, the performance bonds shall follow the prescribed wording provided in N.C.G.S. § 44A-33.
The Contractor must provide a performance bond for 55% of the total value of the contract and must be in effect and submitted with the
Task 3 deliverable (Submittal of Restoration Plan) before EEP will authorize payment for Task 3. This bond must remain in effect until the
Contractor has received written notification from the EEP that the requirements of Task 6 (Submittal of Mitigation Plan) have been met.
After the successful completion of Task 6, the bond can then be retired.
Where letters of credit are provided, the amounts will follow those described above for the performance bonds.
13. SEALED COST PROPOSAL
One (1) signed original of the Sealed Cost Proposal and five (5) copies must be submitted for each site or site option proposed by the
offeror. The Sealed Cost Proposal must be submitted in a sealed and clearly identified envelope. In the event that stream, buffer, riparian
wetland, and/or non-riparian wetland mitigation is proposed from the same Site, a separate Sealed Cost Proposal for each type must be
provided and clearly labeled as to which type on the outside of the envelope.
The Unit Cost of a Site is defined as the Total Cost divided by the number of Mitigation Units (WMUs, SMUs,or BMUs) being proposed.
Example: If the Total Cost of implementing the 24-BMU mitigation project is $360,000.00, the Unit Cost will be $360,000.00 divided by 24,
or $15, 000.00 per BMU.
The Unit Cost calculation is for the purposes of comparing the costs of different Proposals and for preparing the Contract in which the Unit
Cost is the basis of payment. The Total Cost related to the mitigation must be included in the Sealed Cost Proposal and is all-inclusive. No
additional charges for travel, per diem, or cost of any services or items will be allowed.
The cost proposal(s) must be submitted on the Sealed Cost Proposal form provided in this RFP. No revisions to this form are
allowed by the Offeror.
RFP # 16-001383 Page 23 of 31
Secffon JA. THE PROCUREMENT PROCESS
The following is a general description of the process by which a firm will be selected to provide services.
Request for Proposals (RFP) is issued to prospective contractors.
2. A Mandatory pre-proposal conference and deadline for written questions is set. (See cover sheet of this RFP for details.)
Number of offer documents to be submitted to the issuing agency:
A. Sealed Technical Proposal 1 original and 5 copies
1 Compact Disc (CD-R) of Technical Proposal without financial/confidential information
1 Compact Disc-Read Only (CD-R) of ArcGIS Format boundaries of the proposed projject
B. Sealed Cost Proposal 1 original and 5 copies
NOTE: No technical information shall be contained in the Cost Proposal. No cost information shall be contained in the
Technical Proposal. If any cost information is provided by the offeror in the technical proposal and/or if any
technical information is provided by the offeror in the cost proposal, the offeror's entire proposal shall be rejected.
4. Execution of Proposal By Offeror (Signature Page from Offeror).
The "Executions of Proposal by Offeror" page must be sighed by an officiall authorfaed to bind the firm and must be
included in the offeror's SEALED TECHNICAL PROPOSAL.
FAILURE TO SIGN THE "EXECUTION OF PROPOSAL BY OFFEROR" PAGE WILL CAUSE YOUR OFFER TO BE REJECTED.
NO OTHER SIGNATURE PAGES FROM THE OFFEROR WILL BE CONSIDERED OR SUBSTITUTED FOR THIS REQUIRED
"EXECUTION OF PROPOSAL BY OFFEROR" PAGE.
5. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP or as
specified in any addenda issued for this RFP.
6. At that date and time the package containing the proposals from each responding firm will be publicly opened and the name of each
offeror announced publicly. A notation will also be made whether a separate sealed cost proposal has been receied. Cost
proposals will be placed in safekeeping until opened at a later date.
7. Technical proposals will be evaluated first.
8. Upon completion of the evaluation of the technical proposal, the cost proposals of those firms whose technical proposals have been
deemed acceptable will be publicly opened. The cost proposals of those firms whose technical proposals have been deemed
unacceptable shall remain unopened. The total cost offered by each firm will be tabulated. and become. a matter of public record..
Interested parties are cautioned that these costs and their components are subject to further evaluation and therefore may not be an
exact indicator of an offeror's pricing position.
9. At least one week before public opening of the cost proposals, EEP will provide notice to all vendors submitting proposals that the
technical evaluation phase has ended and EEP will provide a date that the cost proposals will be opened for the technical proposals
that past the technical evaluation.
Prior to the opening of the cost proposals, and within 24 hours of the issuance of the notice to vendors of the public opening of the
costs proposals, EEP will delivery to the procurement specialist at the Department of Administration, Division of Pwrchase and
Contract ("P&C") two copies of the technical scores for all proposals and the reasons for all proposals that were rejected during the
technical evaluation. One copy will be placed in a sealed envelope that shall have the RFP #, a description of the contents on the
outside of the envelope and the name of the EEP employee delivering it to P&C. One unsealed copy will be delivered to the P&C
procurement specialist for use in reviewing EEP's proposal contract awards and to verify the technical scores after EEP has
completed its evaluation of the opened cost proposals. The P&C procurement specialist shall time-stamp the sealed envelope and
unsealed copy when he or she receives it from EEP. The procurement specialist shall not make any markings on the sealed
envelope or unsealed copy of the technical scores (he or she may make copies of the unsealed technical scores).
P&C shall maintain the sealed copy of the technical scores in its procurement file and the envelope shall remain sealed until such
time there is a protest filed by a vendor that submitted a proposal regarding any contract awarded under this RFP or, after contract
award, a vendor that submitted a proposal makes a public records request to inspect the contents of P&C's procurement file for this
RFP.
RFP 4 16-001383 Page 24 of 31
10, At their option, the evaluators may request oral presentations or discussion with any or all offerors for the purpose of clarification or
to amplify the materials presented in any part of the proposal. However, offerors are cautioned that the evaluators are not required
to request clarification; therefore, all proposals should be complete and reflect the most favorable terms available from the offeror.
11. In addition to any other evaluation criteria identified in the State agency's solicitation document, the agency shall, for purposes of
evaluating proposed or actual contract performance outside of the United States, consider the following factors to ensure that any
award will be in the best interest of the State:
Total cost to the State
level of quality provided by the offeror
Process capability across multiple jurisdictions
Protection of the State's information and intellectual property
Availability of pertinent skills
Ability to understand the State's business requirements and internal operational culture
Risk factors such as the security of the State's information technology
Relations with citizens and employees
Contract enforcement jurisdictional issues
Award of a contract to one offeror does not mean that the other proposals lacked merit, but that, all factors considered, the
selected' proposal was deemed most advantageous to the State.
12. Offerors are cautioned that this is a request for offers, not a request to contract, and the State reserves the unqualified right to
reject any and all offers when such rejection is deemed to be in the best interest of the State.
Seclion 13. GENERAL INFORMATION ON SU MNG PROPOSALS
1. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses shall be controlled by such terms
and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror's
response will be waived and have no effect either on this Request for Proposals or on any contract that may be awarded resulting
from this solicitation.
Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.
2. CERTWICATION: By executing the proposal, the signer certifies that this proposal is submitted competitively and without collusion
(G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violation
of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that
we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.
3. ORAL EXPLANATIONS: The State shall not be bound by "oral" explanations or "oral" instructions given at any time during the
competitive process or after award.
4. REFERENCE TO OTHER DATA Only information which, is received in. response to this RFP will be evaluated: reference to
information previously submitted shall not be evaluated.
5. ADDITIONAL INFORMATION: Each offeror is cautioned that the State is not obligated to ask for or accept, after the closing date for
the receipt of proposals, data which is essential for a complete and thorough evaluation of the proposals. The State of North Carolina
may award a contract based: on initial offers received without discussion of such offers. Accordingly, each initial offer should be
submitted on the most favorable and complete price and technical terms which the offeror can submit to the State.
6. ELABORATE PROPOSALS: Elaborate proposals in the form of brochures or other presentations beyond that necessary to present
a complete and effective proposal are not desired.
In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort.
It is desirable that all responses meet the following requirements:
® Technical proposals are submitted in ring-binders with sections.
® All copies are printed double sided.
® All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and indicate this
information accordingly on the response.
® Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non re-usable
materials such as plastic report covers, plastic dividers, vinyl sleeves, and GSC binding. Three-ringed binders, glued materials,
paper clips, and staples are acceptable.
Materials should be submitted in a format which allows for easy removal and recycling of paper materials.
RFP # 16-001383 Page 25 of 31
7. PRICING: If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be
disregarded. The right is reserved: to accept other than the lowest priced proposal as may be determined to serve the best interest of
the State.
8. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered
that the proposal offered is in strict compliance with these specifications, and the successful offeror will be held responsible, therefore.
Deviations must be explained in detail on an attached sheet(s).
9. LIABnLITY: The successful offeror shall assume liability for damage or loss resulting from the wrongful act(s) and/or negligence of its
employees while engaged in the performance of the contract. The contractor or its insurer shall reimburse the Contracting Agency for
any such damage or loss within 30 days after a claim is submitted.
10. COST FOR PROPOSAL PREPARATION: Any costs incurred by offerors in preparing or submitting offers are the offerors' sole
responsibility; the State of North Carolina will not reimburse any offeror for any costs incurred prior to award.
11. TELEGRAPHIC OFFERS: Telegraphic, telecopy and facsimile offers will not be considered; however, offers may be modified by
such means providing such notice is received prior to the date and time of proposal opening as specified on the cover of this RFP,
and provided a signed original follows.
12. TIME FOR ,ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within a period of six (6) months
from the specified "CiosiiTg Dom" ftn-tNs RFP. Aitivugirr the contr act is expected- to be awaarded prior to that time, the six (6) month
period is requested to allow for unforeseen delays.
13. TITLES: Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no bindang force or
effect.
14. CONFIDENTIALITY OF PROPOSALS: In submitting its proposal the offeror agrees not to discuss or otherwise reveal the contents
of the proposal to any source outside of the using or issuing agency, government or private, until after the award of the contract.
Offerors not in, compliance with this provision may be disqualified, at the option of the State, from contract award. Only discussions
authorized by the issuing agency are exempt from this provision.
15. RIGHT TO SUBMrTTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference to the RFP, and all other
reports, charts, displays, schedules, exhibits, and other documentation submitted by the offerors shall become the property of the
State when received.
16. OFFEROR'S REPRESENTATIVE: Each offeror shall submit with its proposal the name, address, and telephone number of the
person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal.
17. SUBCONTRACTING: Offerors may propose to subcontract portions of the work provided that their proposals clearly indicate what
work they plate to subcontract and to whom and that all information required about the prime contractor is also included for each
proposed subcontractor.
18. PROPRIETARY INFORMATION: Trade secrets or similar proprietary data which the offeror does not wish disclosed to other than
personnel involved in the evaluation or contract administration will be kept confidential to the extent permitted by NCAC T01:0513.1 501
and G.S. 132-1.2 if identified as follows: Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any
section of the proposal which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost
information may not be deemed confidential. In spite of what is labeled as confidential, the determination as to whether or not it is
shall be determined by North Carolina law.
19. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, the State invites
and. encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business
enterprises and non-profit work centers for the blind and severely disabled.
RFP # 16-001383 Page 26 of 31
20. PROTEST PROCEDURES: When an offeror wants to protest a contract awarded pursuant to this solicitation, the following
procedures should be followed:
1) If the award is over $25,000, they must submit a written request to: State Purchasing Officer, Division of Purchase and Contract,
Department of Administration, 1305 Mail Service Center, Raleigh NC 27699-1305.
a) This request must be received in the Division of Purchase and Contract within thirty (30) consecutive calendar days from the
date of the contract award.
b) Protest letters must contain specific reasons and any supporting documentation for the protest.
c) NOTE: Contract award notices are sent only to those actually awarded contracts and not to every person or firm
responding to this solicitation. Contract status and award notices are posted on the Internet at
http://www.state.nc.us/pandcl. Offerors may call [phone] to obtain a verbal status of contract award.
d) All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration,
Chapter 5, Purchase and Contract, Section 5B.1519.
e) (See Protest Information at hftp://www,doa.state.nc.us/PandC/protests.pdffor more information.)
2) If the award is under $25,000, they must submit a written request to: Director, DENR Division of Purchase and Services, 1605
Mail Service Center, Raleigh NC 27699-1605. Follow instruction for Items b) through f) above, with the exception that
irrbrrnatiorr must be submitted a DENR Division rr of r ui chase and, Services.
21. TABULATIONS: The Division has implemented an Interactive Purchasing System (I PS) that allows the public to retrieve bid
tabulations electronically from our internet web site: http:lillwww.doa,state.nc.us/pondc. on the 1PS BIDS iron, click on
Search for Bid, enter the RFP number, and then search. Tabulations will normally be available at this web site not later than
one working day after opening. Lengthy tabulations may not be available on the Internet, and requests for these verbally or in
writing cannot be honored.
22. VENDOR REGISTRATION AND, SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows vendors to electronically register
free with the State to receive electronic notification of current procurement opportunities for goods and services available on the
Interactive Purchasing System. Online registration and other purchasing information are available on our Internet web site:
l
http://www.state.nc,us/pandc
23. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state
preferences against North Carolina's resident offerors. The "Principal Place of Business" is defined as the principal place from which
the trade or business of the offeror is directed or managed.
SECWN I& 14ORTH CAROLINA GENERAL CONI MCf TERMS AND CONDFDONS
(CoMmocW aged Comullill Services)
1. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the laws of the State of
North Carolina.
2. S,ITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in
contract or tort, relating to is validity, construction, interpretation and enforcement shall be determined.
3. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as such shall be wholly
responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will
secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be
employees of, or have any individual contractual relationship with the Department.
4. KEY PERSONNEL: The Contractor shall not substitute key personnel assigned to the performance of this contract without prior
written approval by the Department's Contract Administrator. The individuals designated as key personnel for purposes of this
contract are those specified in the Contractor's proposal.
5. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees shall not be
subcontracted without prior written approval of the Department's Contract Administrator. Acceptance of an offeror's proposal shall
include any subcontractor(s) specified therein.
RFP # 16-001383 Page 27 of 31
6. PERFORMANCE AND DEFAULT: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations
under this agreement, the Department shall thereupon have the right to terminate this contract by giving written notice to the
Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract
prepared by the Contractor shall, at the option of the Department, become its property, and the Contractor shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be
relieved of liability to the Department for damages sustained by the Department by virtue of any breach of this agreement, and the
Department may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages
due the Department from such breach can be determined.
In case of default by the Contractor, the State may procure the services from other sources and hold the Contractor responsible for
any excess cost occasioned thereby. The State reserves the right to require performance bond or other acceptable alternative
guarantees from successful offeror without expense to the State. The performance bond, if required, must be obtained from a
company licensed in North Carolina with a Best's current rating of not less than "A-".
Upon the entering of a judgment of bankruptcy of insolvency by or against the Contractor, the Department may terminate this contract
for cause.
Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such
obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado,
or other catastrophic natural event or act of God.
7. TERMINATION: The Department may terminate this agreement at any time by 30 days notice in writing from the Department to the
Contractor. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option
of the Department, become its pruperty. if the contract is termii7ated by the Depiaftment as provided herein, the Contraction shall be
paid for services satisfactorily completed, less payment or compensation previously made.
8. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to
the Department for the purpose set forth in this agreement.
9. CONFIDENTIALITY: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the
Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization
without the prior written approval of the Department.
10. CARE OF PROPERTY: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished
it for use in connection with the performance of this contract or purchased by it for this contract and will reimburse the State for loss of
damage of such property.
11. EQUIPMENT: The Contractor agrees to obtain from the Department the prior approval of the Federal or State agency(ies) as
required for the purchase of equipment under this contract.
12. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an application for
copyright by or on behalf of the Contractor.
13. ACCESS TO PERSONS AND RECORDS: The State Auditor shall have access to persons and records as a result of all contracts or
grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. The Contractor shall
retain all records for a period of three years following completion of the contract.
14. ASSIGNMENT: No assignment of the Contractor's obligations nor the Contractor's right to receive payment hereunder shall be
permitted. However, upon written request approved by the issuing purchasing authority, the State may:
a. Forward the contractor's payment check(s) directly to any person or entity designated by the Contractor, or
b. Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check(s).
In no event shall such approval and action obligate the State to anyone other than the Contractor and the Contractor shall remain
responsible for fulfillment of all contract obligations.
15. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing
requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction
and/or authority.
16. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State requirements
concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard
to discrimination by reason of race, color, religion, sex, national origin, or disability.
RFP 4 16-001383 Page 28 of 31
17. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such
type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide
and maintain the following coverage and limits:
a. Worker's Compensation - The contractor shall provide and maintain Worker's Compensation Insurance, as required by the laws
of North Carolina, as well as employer's liability coverage with minimum limits of $150,000.00, covering all of Contractor's
employees who are engaged in any work under the contract. If any work is subcontracted, the contractor shall require the
subcontractor to provide the same coverage for any of its employees engaged in any work under the contract
b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the
minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.
c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles,
used in connection with the contract. The minimum combined single limit shall be 150,000.00 bodily injury and property damage;
$150,000.00 uninsured/under insured motorist; and $1,000,00 medical payment.
Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this
contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from
companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in
North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer
under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of
coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor's liability and
obligations under the contract.
18. ADVERTISING: Contractor agrees not to use the existence of this contract, the name of the Department, or the name of the State of
North Carolina as part of any commercial advertising.
19. ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference represent the entire agreement
between the parties and supersede all prior oral or written statements or agreements. This Request for Proposals, any addenda
thereto, and the offeror's proposal are incorporated herein by reference as though set forth verbatim.
All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive
the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal
or State statutes of limitation.
20. AMENDMENTS: This contract may be amended only by written amendments duly executed by the Department and the Contractor.
The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office.
21. TAXES: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates
meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in
North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of
representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the
market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it
and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.
22. YEAR 2000 COMPLIANCEMIARRANTY: Vendor shall ensure the product(s) and service(s) furnished pursuant to this agreement
("product" shall include, without limitation, any piece of equipment, hardware, firmware, middleware, custom or commercial software,
or internal components, subroutines, and interfaces therein) which perform any date and/or time data recognition function„ calculation,
or sequencing, will support a four digit year format, and will provide accurate date/time data and leap year calculations on and after
December 31, 1999, at the same level of functionality for which originally acquired without additional cost to the user. This warranty
shall survive termination or expiration of the agreement.
23. GENERAL INDEMNITY: The contractor shall hold and save the State, its officers, agents, and employees, harmless from liability of
any kind, including all claims and losses, with the exception of consequential damages, accruing or resulting to any other person, firm,
or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and
from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the
contractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the contractor
provided that the contractor is notified in writing within 30 days that the State has knowledge of such claims. The contractor
represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or
processing of contractor goods to the State. The representation and warranty in the preceding sentence shall survive the termination
or expiration of this contract.
RFP # 16-001383 Page 29 of 31
Secfren 17. EXECUEION OF PROPOSAL BY OFFEROR
By submitting this proposal, the potential contractor certifies the following:
This proposal is signed by an authorized representative of the firm.
It can obtain insurance certificates as required within 10 calendar days after notice of award.
The cost and availability of all equipment, materials, and supplies associated with performing the services
described herein have been determined and included in the proposed cost.
All labor costs, direct and indirect, have been determined and included in the proposed cost.
The offeror can and will provide the specified performance bond or alternate performance guarantee.
The potential contractor has read and understands the conditions set forth in this RFP and agrees to them with
no exceptions.
The offeror is registered in NC E-Procurement @ Your Service or agrees to register within two days after
notification of contract award.
By signing this bid document, the offeror is indicating that the CD-Rs submitted in the Technical proposal
are exactly the same as the hard: copies submitted.
Therefore, in compliance with this Request for Proposals, and subject to all conditions herein, the undersigned offers and agrees, if
this proposal is accepted within six (6) months from the date of the opening ("Closing Date°), to furnish the subject services per the
attached Sealed Cost Proposal.
Offeror: Check Appropriate Status-
Business Owned/Controlled
Address: African American D
City/State/Zip: Woman 0
Telephone Number: Hispanic 0
Fax Number: Handicapped 0
Federal Employer Identification No: (This will be the Fed ID # where checks will be paid to if awarded a
contract and this # must match throughout this RFP package) Other Minority D
Specify:
E-Mail address: (PIRtNT LEGIBIGA LLY)
Principal Place of Business if different from above (See General Information on Submitting
Proposals, Item 18):
Signature: Title:
Typed or Printed Name: Date:
Key Persannei/FndividualAssigned To This RFP Sy The Offeror: Title
**THIS PAGE MUST RE SIGNED AND INCLUDED IN Y()UR TECHNICAL PROPOSAL"
Unsigned proposals will not be considered,
RFP # 16-001383 Page 30 of 31
RFP #x001383
RFP Title: FULL DELIVERY PROJECT TO PROVIDE RIPARIAN BUFFER MITIGATION IN THE
SERVICE AREA FOR THE NEUSE RIVER BASIN AS DEFINED IN THIS RFP.
SEALED COST PROPOSAL FORM
A SEPARATE. SEALED COST PROPOSAL IS REQUIRED FOR EACH-. PROPOSED SITE AND FOR
EACH OPTION PROPOSED FOR A SITE.
ON THE FRONT OF EACH SEALED COST PROPOSAL ENVELOPE THE SITE NAME/LOCATION
AND OPTION NUMBER (IF APPLICABLE) MUST BE INDICATED.
SITE NAME
PROPOSED COST
All costs related to the mitigation offered must be included in this SEALED COST PROPOSAL. No additional
charges for travel, per diem, or cost of any services will be allowed. Cost will be a major factor in the selection of
proposals. ALL Sealed Cost Proposals will be compared to mitigation cost data maintained by the EEP.
Signature of Authorized Representative Date
Company Name (Printed) Federal ID #
RFP # 16-001383 Page 31 of 31
RFP # 16-001383 ADDENDUM NO. 1
NCDENR
North Carolina Department of Environment and Natural Resources
ECOSYSTEM ENHANCEMENT PROGRAM
Michael F. Easley, Governor William D. Gilmore, Director William G. Ross, Jr., Secretary
August 22, 2008
NOTICE TO BIDDER
RFP NO: 16-001383
TITLE: FULL DELIVERY PROJECTS TO PROVIDE RIPARIAN BUFFER MITIGATION IN THE SERVICE AREA FOR
THE N'EU'SE RIVER BASIN AS DESCRIBED IN THE SCOPE OF THE WORK
ADDENDUM NO: 01
This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be governed by the content of the
original RFP and the revisions provided in this addendum notice.
SECTION 1
REVISION
1. REVISION -CLOSING DATE AND TIME -The closing date and time for this RFP has been changed as follows:
CLOSING DATE: Monday, November 17, 2008 -10:15 a.m. (EST)
SECTION 2
PLEASE NOTE - ONE J1Ik SIGNED ORIGINAL AND FIVE (5) COPIES OF THIS ADDENDUM 01 MUST BE RETURNED H YOUR
TECHNICAL PROPOSAL RESPONSE BEFORE THE CLOSING DATE.
FAILURE TO RETURN THIS BID ADDENDUM 01 IN ACCORDANCE WrrH INSTRUCTIONS WILL RESULT IN YOUR PROPOSAL
BEING REJECTED.
Check ONLY ONE of the following categories and return one properly executed copy of this addendum prior
to bid opening time and date.
? Bid has already been mailed. Changes resulting from this addendum are attached.
? Bid has already been mailed. NO CHANGES resulted from this addendum
Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in
our offer.
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: [phone] FAX: [phone] Internet: http://www.nceep. net/
RFP # 16-001383
SECTION 3
Execute Addendum:
ADDENDUM NO. 1
BIDDER:
ADDRESS (CITY & STATE):
AUTHORIZED SIGNATURE: DATE:
NAME & TITLE (TYPED):
Note: It is the offeror's responsibility to choose the appropriate delivery method to guarantee that the
offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP.
IT IS TIME OFFER'S RESPONSIBILITY TO CONTINUOUSLY CHECK FORADDENDA UP TO THE LAST POSTED
OPENING DATEITIM{IE AND TO ASSURE THAT ALL ADDENDA HAVE BEEN REVIEWED, SIGNED AND RETURNED
IF REQUIRED.
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: [phone] FAX. [phone] Internet. http://www.nceep.net/
Q-Iw";
RFP # 16-001383
Aerm
NCDENR
ADDENDUM NO. 2
North Carolina Department of Environment and Natural Resources
ECOSYSTEM ENHANCEMENT PROGRAM
Michael F. Easley, Governor William D. Gilmore, Director William G. Ross, Jr., Secretary
September 12, 2008
NOTICE TO BIDDER
RFP NO: 16-001383
TITLE: FULL DELIVERY PROJECTS TO PROVIDE RIPARIAN BUFFER MITIGATION IN THE SERVICE AREA FOR THE
NEUSE RIVER BASIN AS DESCRIBED IN THE SCOPE OF WORK
ADDENDUM' NO: 02
This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be governed by the content of the
original RFP and the questions and answers provided in this addendum notice.
SECTION 1
QUESTIONS and ANSWERS
QUESTION rel'ati.ng; to Section 4 "MITIGATION REQUESTED":
Question: How does the NCEEP define the boundaries of the Full Delivery Service Areas, as stated in the RFPs? Will the
actual georeferenced polygons depicting the boundaries of USGS 14 digit hydrologic unit codes (HUCs) (e.g. those
posted on: ftp:!/204.211.239.203/outgainglvector/hunc,zip) define the Service Area boundaries, or will the arau.al.
watersheds they represent be the boundaries?
For example, if the location that a georeferenced HUC boundary portrays is actually downhill (on the ground, in the
field) from a clearly defined ridgeline or other obviously measurable topographic break, will the actual Service Area
be at the topographic separation identifiable in the field, or where the line is drawn?
Answer: Proposals that provide sufficient evidence that the georeferenced boundaries of the 14 digit hydrologic unit codes
(HUC) are inaccurate, and that the proposed project is actually located in a HUC specified as acceptable in the RFP
will be accepted by NCEEP.
2. QUEST-ION renting to Section 4 "MITIGATION REQUESTED'":
Question: Can you clarify and provide a better explanation of what is considered an unstable stream.
Answer: An unstable stream is not in equilibrium with its watershed and experiences rapid changes in pattern, dimension,
and profile due to aggradation and degradation caused by its inability to adequately transport the flows and
sediments produced by its watershed.
RFP # 16-001383 ADDENDUM NO. 2
3. QUESTION relating to Section 4 "MITIGATION REQUESTED":
Question: If we are going to use the DWQ policy for determining if a site has a modified stream, how amiable is the DWQ staff
to coming out to review sites to determine if a site has a modified natural stream?
Answer: For the purposes of RFP 16-001383, NCEEP will accept proposals that include both modified and unmodified'.
streams (mapped or unmapped) and other water conveyances (ditches).
4. QUESTION relating, to Section 4 "MITIGATION REQUESTED":
Question: Can you count both sides of the ditch as Buffer?
Answer: Yes. See RFP' No. 16-001383, Section 4, Page 13, Item 7.
5. QUESTION relating to Section 5 "SCOPE OF WORK Task 3, Item 2 on page f5:
Question: The RFP specifies a survival rate of 320 trees per acre which is also specified in the EEP Guidelines for Riparian
Buffer Restoration (page 10). The guidelines also specify a survival rate of 1200 shrubs per acre. The inclusion of
shrubs is not mentioned in the RFP. Are we responsible for 1200 shrubs per acre in addition to the 320 trees per
acre?
Answer: For the purposes of RFP 16-001383 the offeror must only satisfy the buffer restoration and enhancement
requirements specified in North Carolina Administrative Code Title 15A Subchapter 02B Section .0242 paragraph 9
- RIPARIAN BUFFER RESTORATION OR ENHANCEMENT.
6. QUESTION reVinct to Section 5 "SCOPE OF WORK"Task 3 Item 4 on page 15:
Question: Page 15 of the RFP, Task 3, Item 4 specifies the need for a fertilization plan, which is also covered in the Guidelines
on page 12. No question about that, but the Guidelines include the need for herbaceous vegetation control - also
on page 12. So, is herbaceous vegetation control necessary?
Answer: For the purposes of RFP 16-001383 the offeror must only satisfy the buffer restoration and enhancement
requirements specified in North Carolina Administrative Code Title 15A Subchapter 02B Section .0242 paragraph 9
- RIPARIAN BUFFER RESTORATION OR ENHANCEMENT.
QUESTION relating to Section 4 "MITIGATION REQUESTED ":
Question: The last paragraph on page 5 of the EEP Guidelines for Riparian Buffer Restoration, specifies the use of 10-12
different species of trees/shrubs. The RFP specifies the use of "at least two native hardwood tree species..." at
the bottom of page 12. What is the minimum number of different species we must include in the planting plan?
Answer: For the purposes of RFP 16-001383 the offeror must only satisfy the buffer restoration and enhancement
requirements specified in North Carolina Administrative Code Title 15A Subchapter 02B Section .0242 paragraph 9
- RIPARIAN BUFFER RESTORATION OR ENHANCEMENT.
RFP # 16-001383 ADDENDUM NO. 2
8. QUESTIONS relatinct to Section 4 "MITIGATON REQUESTED ":
Question: At the top of page 11 of the EEP Guidelines for Riparian Buffer Restoration, there is a discussion on the use of tree
shelters. It is slightly ambiguous as to whether or not they are mandatory. So, is the use of tree shelters mandatory?
Answer: For the purposes of RFP 16-001383 the offeror must only satisfy the buffer restoration and enhancement requirements
specified in North Carolina Administrative Code Title 15A Subchapter 02B Section .0242 paragraph 9 - RIPARIAN.
BUFFER RESTORATION OR ENHANCEMENT.
QUESTION releting to Section 4 "MITIGATION REQUESTED"`
Question,: Can we obtain bonus points if we have more tree shelters than specified?
Answer: No, For the purposes of RFP 16-001383 the offeror must only satisfy the buffer restoration and enhancement
requirements specified in North Carolina Administrative Code Title 15A Subchapter 02B Section .0242 paragraph 9
- RIPARIAN BUFFER RESTORATION OR ENHANCEMENT.
10. QUESTION refating to Section 4 "MITIGATION REQUESTED":
Question: Will EEP accept riparian buffer projects that are located on university-owned land?
Answer: See RFP No. 16-001383, page 12, paragraph labeled, "Proposals will NOT be accepted using the following sites".
11. QUESTION[ relating, to Section 4 "MITIGATION REQUESTED":
Questiorr: Describe what types of sites car; not be accepted- depending on the ownership of the easement?
Answer: See RFP No. 16-001383, page 12, paragraph labeled, 'Proposals will NOT be accepted using the following; sites'.
12. QUESTION relating to Section 4. "MITIGATION REQUESTED":
Question: Will breaks in the easement be allowed for farm paths? For example, in a 200 foot wide corridor along a stream, 100
foot of buffer is planted, a 20 foot wide farm path is left open, and 80 foot of buffer is planted on the other side of the
path. Would the provider be awarded 180 feet of buffer in this situation?
Answer: No. The buffered area must be CONTINUOUS from the stream or other water conveyance. In the example
provided, buffer mitigation credit would be based on the first 100 foot buffered area.
RFP # 16-001383
13.
14.
15.
QUESTtQN relating to Section 4. "MITtGATION REQUESTEV:
ADDENDUM NO. 2
Question: The RFP calls for 60 riparian buffer mitigation units in the Neuse Basin within the service area. Please clarify the
definitions of buffer restoration relative to restored streams in headwater systems. It is our understanding from the
Division of Water Quality Wetlands Unit that zero order streams can be restored to claim Neuse Buffer and Nitrogen
Offset restoration credit relative to the extent that jurisdictional waters under 15A NCAC 02B .0233(3) and .0259(3)
exist on site (i.e. relative to the number of threads in a braided system)?
Answer: For the purposes of RFP 16-001383, zero order "headwater streams" will not be acceptable as buffer restoration
sites. NCEEP will accept proposals that include both modified and unmodified streams (mapped or unmapped) and
other water conveyances (ditches).
QUESTION relating, to Section 4. "N, TIGATION REQUESTED":
Question: Can the restored headwater stream threads be used for riparian buffer restoration per the RFP definitions as
streams or even ditches/conveyances that deliver runoff to waters classified in accordance with 15A NCAC 2B
.0100?
Answer: For the purposes of RFP 16-001383, zero order "headwater streams" will not be acceptable as buffer restoration
sites. N.CEEP will accept proposals that include both modified and unmodified streams (mapped or unmapped) and
other water conveyances (ditches).
QUESTION - General:
Question: Would it be possible to obtain a list of all the attendees from the RFP Pre-proposal meeting that took place
August 22, 2008?
Answer: Yes. See Below.
Companies Represented At Pre-Proposal Conference On. August 22 2008
Appalachian Environmental Services
Conservation Lands, LLC
Woods, Water & Wildlife
Land Management Group
Greene Environmental Services
Environmental Banc & Exchange (EBX)
KO & Associates
SWMV, LLC
KC I
Wildlands Engineering, Inc
GreenVest Flatswamp, LLC
ECO Engineering
Cill Ide Native Plant Nursery
WK Dickinson
Restoration Systems
Michael Baker Engineering
McKim & Creed
Louis Berger Group
RFP # 16-.001383 ADDENDUM NO. 2
SECTION 2
PLEASE NOTE - ONE (1) SIGNED ORIGINAL AND FIVE (6) COPIES OF THIS ADDENDUM 02 MUST BE RETURNED WITH YOU
TECHNICAL PROPOSAL RESPONSE BEFORE THE CLOSING DATE.
FAILURE TO RETURN THIS BID ADDENDUM 02 IN ACCORDANCE WITH INSTRUCTIONS WILL RESULT IN YOUR PROPOSAL
BEING REJECTED.
Check ONLY ONE of the following categories and return one (1) signed original and five (5) copies of this
addendum prior to bid opening time and date.
? Bid has already been mailed. Changes resulting from this addendum are attached.
? Bid has already been mailed. NO CHANGES resulted from this addendum.
? Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in
our offer.
SECTION 3
Execute Addendum:
BIDDER:
ADDRESS (CI & STATE):
AUTHORIZED SIGNATURE: DATE:
ME & TITLE (TYPED):
Note: It is the offeror's responsibility to choose the appropriate delivery method to guarantee that the
offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP.
IT IS THE OFFER'S RESPONSIBILITY TO CONTINUOUSLY CHECK FOR ADDENDA UP TO THE LAST POSTED
OPENING DATEITIME AND TO ASSURE THAT ALL ADDENDA HAVE BEEN REVIEWED, SIGNED AND RETURNED
IF REQUIRED.
1652 Mail Service Center, Raleigh, North Carolina 27699-16521}+s?r??/
Phone: [phone] FAX: [phone] Internet: http://www.nceep.neb