W912ES24B0004 FMM Forest Mitigation Services - SOLICITATION 18Jan24.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 20 Feb 2024

A X B X C

D

EX

X G F 60 - 68

69 - 73 X H 74 toni.w.wasgatt@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 74

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912ES 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and handcarried, in the depository located in Bid Submission Instructions - Page 69 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

TONI W WASGATT 651-290-5409

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

4 - 25 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

28 - 30 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 31 - 43 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

44 - 58

PART II - CONTRACT CLAUSES

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

651-290-5414

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

18 Jan 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912ES24B0004

Section B - Supplies or Services and Prices

BID SCHEDULE

Bid Schedule

CLIN # DESCRIPTION QTY UOM PRICE EXTENDED

Base Contract

Year 1

0001 Initial Contract Submittals 1 EACH $ $

0002 Site Preparation Activities 157.3 ACRE $ $

0003 Planting Bank Stabilization Areas 3.3 ACRE $ $

0004 Planting Floodplain Forest Areas 143.4 ACRE $ $

0005 Planting Oak Savannah Areas 3 ACRE $ $

0006 Planting Woodland Edge Shrub-Carr 7.7 ACRE $ $

0007 Invasive Species Removal within Forest Preservation 90.5 ACRE $ $

0008 2024 Maintenance and Monitoring 1 JOB $ $

0009 2024 Annual Monitoring Report 1 EACH $ $

Year 2

1001 2025 Establishment and Maintenance Activities 1 JOB $ $

1002 2025 Invasive Species Follow-up Treatments 90.5 ACRE $ $

1003 2025 Annual Monitoring Report 1 EACH $ $

Year 3

2001 2026 Establishment and Maintenance Activities 1 JOB $ $

2002 2026 Invasive Species Follow-up Treatments 90.5 ACRE $ $

2003 2026 Annual Monitoring Report 1 EACH $ $

Year 4

3001 2027 Establishment and Maintenance Activities 1 JOB $ $

3002 2027 Invasive Species Follow-up Treatments 90.5 ACRE $ $

3003 2027 Annual Monitoring Report 1 EACH $ $

Year 5

4001 2028 Establishment and Maintenance Activities 1 JOB $ $

4002 2028 Invasive Species Follow-up Treatments 90.,5 ACRE $ $

4003 2028 Annual Monitoring Report 1 EACH $ $

Base Total (CLINS 0001 through 4003)

Option

Year 1

5001 Site Preparation Activities 4.1 ACRE $ $

5002 Planting Floodplain Forest Areas 4.1 ACRE $ $

5003 Invasive Species Removal within Forest Preservation 1.3 ACRE $ $

5004 Year 1 Maintenance and Monitoring 1 JOB $ $

Year 2

6001 Year 2 Establishment and Maintenance Activities 1 JOB $ $

6002 Year 2 Invasive Species Follow-up Treatments 1.3 ACRE $ $

Year 3

7001 Year 3 Establishment and Maintenance Activities 1 JOB $ $

7002 Year 3 Invasive Species Follow-up Treatments 1.3 ACRE $ $

Year 4

8001 Year 4 Establishment and Maintenance Activities 1 JOB $ $

8002 Year 4 Invasive Species Follow-up Treatments 1.3 ACRE $ $

Year 5

9001 Year 5 Establishment and Maintenance Activities 1 JOB $ $

9002 Year 5 Invasive Species Follow-up Treatments 1.3 ACRE $ $

Option Total (CLINS 5001 through 9002)

Base and Option Total (CLINS 0001 through 9002)

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

FARGO-MOORHEAD FOREST PLANTING

PERFORMANCE WORK STATEMENT

PART I

GENERAL INFORMATION

1. SUMMARY

This is a 5-year service contract to plant, monitor, and maintain native forest habitat in the Fargo- Moorhead area. The total area of the Base Contract includes 247.8 acres with another 5.4-acre option. All work is located in Cass County, North Dakota. Sites will serve as environmental mitigation for impacts associated with the Fargo-Moorhead Metropolitan Area Flood Risk Management Project (FMM Project).

2. BRIEF DESCRIPTION OF SERVICES

A. Base Contract: The services requirement includes development and execution of several plans including planting, maintenance, and invasive species control for 247.8 acres of forest and native prairie. Up to 157.3 of those acres will require the planting and establishment of trees, grasses, and forbs. Approximately 90.5 acres are existing forest that will require invasive species management. The services will also include 5 years of maintenance and monitoring on the 247.8 acres of land included in the Base Contract. Final Performance Standards, as defined in the Site Activities: Performance Standards section, shall be met by the completion of Year 5. Interim performance standards are also defined for Years 2 and 4.

B. Option: The Option adds 5.4 acres to the Base Contract. Approximately 4.1 of those acres will require the planting and establishment of trees, grasses, and forbs. The other approximately 1.3 acres are existing forest that will require invasive species management.

The services will also include 5 years of maintenance, monitoring and follow up invasive species work on the 5.4 acres of land included in the Option. All requirements of the Base Contract also apply to the Option. If the Option is awarded, complete the work at the same time as the Base Contract. Plans and submittals required for the Base Contract and the Option may be combined to reduce redundancy and effort.

3. ADMINISTRATIVE REQUIREMENTS

A. Period of Performance:

1. Year 1: Date of contract award to 31 December 2024.

a. Work includes all submittals by their specified due dates following award (see Section 4 and Attachment 1), site preparation, tree planting, herbaceous seeding, maintenance, monitoring, initial invasive species removal of forest preservation areas and submittal of annual monitoring and actions completed report.

2. Year 2: 1 January 2025 to 31 December 2025.

a. Work includes plant establishment, maintenance, monitoring, repair, follow up treatments of invasive species in forest preservation and planting areas and submittal of annual monitoring and actions completed report. Meet Year 2 Interim Vegetation Performance Standards.

3. Year 3: 1 January 2026 to 31 December 2026.

a. Work includes plant establishment, maintenance, monitoring, continued follow up treatments of invasive species in forest preservation and planting areas and submittal of annual monitoring and actions completed report.

4. Year 4: 1 January 2027 to 31 December 2027.

a. Work includes plant establishment, maintenance, monitoring, continued follow up treatment of invasive species in forest preservation and planting areas and submittal of annual monitoring and actions completed report. Meet Year 4 Interim Vegetation Performance Standards.

5. Year 5: 1 January 2028 to 31 December 2028.

a. Work includes plant establishment, maintenance, monitoring, final treatment of invasive species in forest preservation and planting areas and submittal of annual monitoring and actions completed report. Meet Final Vegetation Performance Standards.

B. Meetings:

1. Post-Award Conference: The Contractor will attend an in-person post-award conference convened by the Contracting Officer.

2. Weekly Progress Meetings: The Contractor will discuss contract progress with the Contracting Officer at a minimum of once a week during the growing season. Progress Meetings will include review of actual progress vs the planned progress during that period, a discussion of planned activities for the upcoming two weeks, and the status of RFIs, RFPs, and submittals. The Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will advise the Government of any problems encountered.

3. On-Site Meetings: The Contracting Officer and other Government personnel, as appropriate, will meet on site with the Contractor to review performance, up to 4 times a year, as deemed necessary by the Contracting Officer. The Contracting Officer will notify the Contractor at a minimum of seven (7) days prior to the requirement of an on-site meeting.

4. Annual Monitoring Report Meeting: Following the submittal of the annual Monitoring Report the Contractor will attend a meeting with the Contracting Officer and other personnel to discuss findings of the Monitoring Report and plans for the upcoming growing season.

C. Contract Administration and Management:

1. The Government will use the Resident Management System (RMS) to assist in its monitoring and administration of this contract. The Government accesses the system using the Government Mode of RMS (RMS GM). The Contractor accesses the system using the Contractor Mode of RMS, referred to as RMS CM, to record, maintain, and submit various information throughout the contract period. The joint Government- Contractor use of RMS facilitates electronic exchange of information and overall management of the contract. RMS provides the means for the Contractor to input, track, and electronically share information with the Government in the following areas:

Administration; Finances; Quality Control; Submittal Monitoring; Scheduling; Closeout;

Import/Export of Data.

2. RMS SOFTWARE: RMS is a Windows-based program that can be run on a Windows based PC, 1.5 GHz 2 core or higher processor, 8GB RAM, 200 GB sole use hard drive space, with Windows 10 x 64 or newer. Download, install and be able to utilize the latest version of the RMS software within 7 calendar days of receipt of the Notice to Proceed.

RMS software, user manuals, access and installation instructions, program updates and training information are available from the RMS website (http://rmsdocumentation.com).

The Government and the Contractor will have different access authorities to the same contract database through RMS. The common database will be updated automatically each time a user finalizes an entry or change.

4. SUBMITTALS

Provide all submittals to the Contracting Officer as outlined in the Deliverable Schedule (Attachment 1). Provide submittals in electronic format using RMS. If submittals exceed the size limits of RMS, coordinate with the Government to determine an acceptable file hosting service or alternative submission process. Thumb drives, flash drives and other such removable media cannot be used on USACE computer systems and will not be accepted for submittals. Refer to Attachment 1, for acceptable software and file type.

A. Project Schedule:

1. Develop a Project Schedule and submit to the Contracting Officer for approval prior to the commencement of site preparation and tree planting. The Contractor shall not plant or begin other on-site work prior to Project Schedule approval and acceptance.

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

3. The Project Schedule shall be kept up to date and an updated Project Schedule shall be submitted each month of the growing season (April – October) with the Contractor’s invoice. Updates will be required for each Plant Establishment Period and as necessary.

The Project Schedule submitted with invoices shall show status of items as completed, in progress, or not started. Items in progress shall indicate percentage completion of that item. The Contractor may adjust times in the Project Schedule subject to approval by the Government.

4. Provide the Project Schedule in Excel spreadsheet format.

5. Payment for Project Schedule development shall be included in CLIN 0001, Initial Contract Submittals. Updating the schedule shall be considered incidental to Establishment and Maintenance CLINs.

B. Single Point of Contact (SPOC) Contact Information: The Contractor shall provide a SPOC in writing to the Government. See Part I, Section 8 for additional description of SPOC responsibilities.

C. Herbicide Plan:

1. The Contractor shall submit a general written Herbicide Plan that addresses its recommended herbicides, application rates, schedule, and spray methods proposed to achieve the contract goal of vegetation control at the management area, target pest and reason for choice.

2. The Herbicide Plan shall detail the carriers, adjuvants and surfactants to be used. Also include application rates, where mixing will occur, and plans for environmental protection for mixing areas.

3. The Herbicide Plan shall detail methods to protect vegetation and lands on adjacent sites from herbicide drift.

4. Environmental Protection Agency (EPA) product labels and material safety data sheets (MSDSs) for all proposed products (website links are acceptable) shall be submitted with the Herbicide Plan.

5. An Herbicide Applicators List and each Applicator’s credentials, to include prime and subcontractor Applicators, shall accompany the Herbicide Plan for Contracting Officer’s review and approval. Credentials must include each Applicator’s license. No changes to the Herbicide Applicators List shall occur without the Contracting Officer’s review and approval.

D. Quality Control Plan (QCP):

1. A Quality Control Plan (QCP) shall be submitted to the Contracting Officer for approval.

See QCP requirements described in the Quality Control paragraph below.

E. Site Preparation Plan: Prepare a Site Preparation Plan for submittal to the Contracting Officer for approval prior to the commencement of site preparation. The Site Preparation Plan requirements are described in Part 2, Section 1.

F. Planting Plans:

1. Planting Plans must be approved by the Contracting Officer prior to the commencement of tree and seed planting.

2. The Planting Plans must cover all planting zones defined in Part 2, Section 2.

3. Planting Plans shall include methods of planting, species being purchased, stock being utilized, and quantities. All other information pertinent to planting activities shall be included.

G. Seed Substitutions: Any seed substitutions that differ from the prescribed seed mixes must be submitted with justification to the Contracting Officer for approval prior to planting.

Substitutions must use the BWSR substitution list:

https://bwsr.state.mn.us/sites/default/files/2021-02/seedmix-substitution.pdf.

H. Noxious and Invasive Species Control Plan: The Contractor’s Noxious and Invasive Species Control Plan shall include the means and methods for the control and prevention of noxious and invasive weeds and shall be submitted to the Contracting Officer for approval. Sites must be maintained to be free of noxious and invasive species in accordance with the North Dakota Noxious Weed Law and Regulation, the Minnesota Noxious Weeds List, and Minnesota Terrestrial Invasive Species List.

I. Maintenance Plan: The Contractor shall submit a Maintenance Plan that allows for tree and native species establishment to the Contracting Officer for approval. Estimated monthly maintenance cost breakdowns shall also be included.

J. Monitoring Reports: Annual Monitoring Reports for all planting and Forest Preservation areas shall be submitted to the Contracting Officer. Each Monitoring Report shall include the information specified in Part 2, Section 4.

5. SITE-SPECIFIC REQUIREMENTS AND RESTRICTIONS

A. Use of Site Facilities:

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

The Government will not be responsible for any damage to, or loss of, equipment and supplies stored on-site. All fire extinguishers and other safety equipment must be maintained in accordance with EM 385-1-1 Safety and Health Requirements Manual.

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

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

4. The Contractor must comply with EM 385-1-1 Section 2 Sanitation.

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

Cars and pickup trucks compliant with applicable State and local requirements for public roads may be operated at any time. Schedule inspections during normal working hours of 8:00am through 5:00pm Central Time, Monday through Friday, excluding Federal Holidays.

Times for access through the Stormwater Diversion Channel and Associated Infrastructure (SDCAI) Work Limits for sites 1, 5, and 6 may be periodically limited due to ongoing construction activities.

C. Parking Regulations: Parking on public streets or at commercial businesses near the project site is prohibited without proper permissions. Parking along public roads during work activities may require a permit. Permits or proof of other written permissions allowing off-site parking must be provided to the Contracting Officer. Park vehicles and equipment within the work limits in a manner that does not impact or damage vegetation establishment efforts, or repair damage at no additional cost to the Government. The Government will not invalidate or make reimbursement for parking violations under any conditions.

D. Temporary Traffic Control: Maintain and protect traffic on all affected roads during operations except as otherwise specifically directed by the Contracting Officer. Measures for protection and diversion of traffic, including the provision of watchmen and flagmen, erection of barricades, placing of lights around and in front of equipment and the work, and the erection of adequate warning, danger, and direction signs, shall be completed as required by the State and local jurisdictional authorities. The Contractor is responsible for ensuring that the traveling public is protected from damage to person and property.

E. Utilities: Identify and mitigate for the potential presence of utilities in the area including electrical, gas, and water/sewage infrastructure. Any damage to infrastructure as a result of planting, construction, maintenance, and operations shall be repaired or replaced at the Contractor's expense. Coordinate with local entities to determine the presence of utilities prior to beginning any groundwork or digging. The One Call service line shall be used prior to any earthwork activities.

F. Other Contracts: The FMM Project is being constructed using a split delivery concept. The FMM Project was split into two primary contracting components; the Stormwater Diversion Channel and Associated Infrastructure (SDCAI) and the Southern Embankment and Associated Infrastructure (SEAI). The non-Federal Sponsors, including Metro Flood Diversion Authority (MFDA), are responsible for construction of the SDCAI and the Federal Government is responsible for construction of the SEAI.

1. Stormwater Diversion Channel and Associated Infrastructure (SDCAI) Construction: The SDCAI has been broken up into several construction phases for design and construction purposes. The SDCAI includes the construction of a 30-mile-long diversion channel and several water control structures.

2. Southern Embankment and Associated Infrastructure (SEAI) Construction: The SEAI includes the construction of 21 miles of dam embankment as well as several control structures. The SEAI has been broken up into several phases for design and construction.

a. Red River Structure (RRS) Construction Contract: The RRS is a large control structure under construction on the North Dakota side of the Red River north of 49th Street SE. Access to Site 25 will require ingress/egress using 49th Street SE, which is in the RRS Construction Contract work limits. The RRS contractor has approved use of 49th Street SE for site preparation, planting, and maintenance activities at Site 25.

G. Payment: Work associated with site specific requirements and restrictions, including traffic control and other contract coordination, shall be incidental to Establishment and Maintenance Activities CLINS for their respective years.

6. ARCHEOLOGICAL COORDINATION

Prior to commencing any activities that involve digging, tree planting or ground disturbance, the Contractor must provide at least a 10-day notice to the Government to arrange for onsite archeological monitoring. Archeological monitoring will be provided by the Government and is conducted to document previously undiscovered archaeological or architectural sites that may be culturally significant, if any are found during planting or other earth work. Routine site monitoring requires coordination between the planting Contractor and the Archaeologist but strives not to impede the work. In the event that a previously unknown site of significance, or a burial, is discovered, the archaeologist will work with the Contractor to protect the location of the unanticipated discovery and will handle communication with the appropriate authorities.

7. HERBICIDE

A. Weed Control and Invasive Species Goals: The Contractor is required to prevent noxious weeds from propagating on sites included in this PWS in accordance with North Dakota Century Code chapter 4.1-47-02, “Each person shall do all things necessary and proper to control the spread of noxious weeds”. Noxious weeds are identified in North Dakota’s Noxious Weed Law and Regulation, and the Minnesota Noxious Weeds List, links to those lists can be found in Part 2 Section 5 Performance Standards Definitions. The Contractor is also responsible for preventing the propagation of species listed in the Minnesota Terrestrial Invasive Species List (see Part 2 Section 5 Performance Standards Definitions for more information) on sites listed within this PWS. This includes preventing them from flowering, fruiting and seeding over the course of the growing season. Noxious and invasive species propagation discoveries, by either the Contractor or the Government, must be remedied within 10 days of discovery. Failure to remedy within this timeframe will be documented as a performance deficiency and payment may be withheld until it is remedied.

B. No-entry periods: The Contractor shall sign all areas in which herbicide treatment has occurred with temporary signage indicating that a herbicide application has occurred and the period during which re-entry is prohibited. The herbicide product label should be reviewed to determine the appropriate re-entry date based on the manufacturer’s specifications. The Contractor shall also remove these signs within one (1) week of the re-entry restrictions expiring.

C. Herbicide Handling: All herbicides must be transported to the site in closed containers with a clear product label indicating the herbicide or herbicides within the container and the mix rates as appropriate. All containers must be stored in a secondary containment vessel to prevent spillage of chemical if the primary container leaks. Herbicide mixing shall occur off site, to the maximum extent practicable. If onsite mixing is required, all mixing must occur within a secondary containment container that will prevent spillage of any chemical onto the site. The Government reserves the right to stop contract operations if mishandling of herbicide is observed.

D. Herbicide Application Restrictions:

1. Only herbicide formulations in the Government list (Attachment 2) shall be used. If the Contractor wishes to use an alternative herbicide, a request must be made to the Contracting Officer no less than twenty (20) working days prior to anticipated application.

The request will require submission for environmental review and the Contractor should not assume that approval will be granted.

2. If appropriate, surfactants shall be added per label instructions to appropriate herbicide mixtures. All carriers and adjuvants must be non-toxic.

3. All treatments must be conducted during a period when target species are susceptible to the herbicide being used.

4. All herbicides used shall be labeled for application in aquatic areas.

5. No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or wind directions are likely to result in drift to surface water or non-project lands.

6. Herbicide application is prohibited prior to precipitation. This protects groundwater resources by reducing the likelihood of rapid leaching of herbicide into the water table. At a minimum, herbicide(s) shall not be applied when the forecast indicates a high probability of significant precipitation (greater than ½ inch) during the next 24 hours, unless the herbicide label clearly states that the herbicide is rain fast in a shorter period of time than 24 hours.

7. Placement of herbicide during excessively dry conditions must be avoided.

8. The Contractor is to notify the Contracting Officer of any planned herbicide applications and receive prior approval before completing the planned application.

9. Herbicides shall be applied to the project areas and be consistent with the noxious weeds and invasives species goals stated within Part 2, Section 5 of this contract.

10. The Contractor shall take particular care to not exceed per-acre limits according to the product label for basal bark applications.

E. Licensing: All Contractor employees, to include prime and subcontractor employees, conducting herbicide application shall possess a valid state commercial pesticide applicator's license and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. Department of Labor as well as state regulations regarding employment of youth shall be observed.

F. EPA Registration Label: All work shall be performed in accordance with the instructions on the EPA registration label of the chemical herbicide used. All safety instructions featured on the label shall be strictly adhered to.

G. Post-Application Documentation: The Contractor shall submit completed copies of the ‘Post-

Application Documentation Form’ for each day’s herbicide work and for each herbicide used.

A sample form is provided in Attachment 3 and may be reproduced. The Contractor may use its own form if it contains all information included on the Corps of Engineers’ form. Scanned or digital copies of this form may be submitted electronically, or hard copies may be mailed to the address of the Contracting Officer within five (5) working days of each application or at the time of invoice submission, whichever is earlier. No payment will be made for services until post-application documentation has been supplied to the Contracting Officer.

H. Herbicide Performance Requirements: The Contractor shall exercise professional judgment as to the application rate, time, and extent of application of the herbicides. The performance requirements are:

Should the desired results not be achieved, the Contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs. The final determination as to the acceptable performance of the Contractor and the need to reapply the herbicides will rest solely with the Contracting Officer.

If performance is determined to be unacceptable, the Government may require re-treatment of an area. If the Government determines that re-treatment is required, written notice will be provided to the Contractor. Treatments will be considered effective if 100% of stems in Government Quality Assurance (QA) plots (visual assessment of a 1/100th acre circular plot) show evidence of the treatment prescribed for the area.

I. Site Restoration: The Contractor shall be responsible for restoring any area that does not satisfy the performance requirements or has damaged non-target vegetation through negligent spraying activities at no additional cost to the Government. Areas must be retreated within the time specified by the Contracting Officer’s notice to the Contractor. The Contractor is responsible for damages to persons or property, including unreasonable or unnecessary damages to non-target vegetation, within and outside the treatment areas resulting from the performance of the contract work. Reseed or replant non-target native vegetation damaged during performance of work shall be at the Contractor's expense. Excess and waste material shall be removed and properly disposed of off-site.

J. Material Safety Data Sheets (MSDS): The Contractor shall make MSDSs for all herbicides, adjuvants and other products used at the site readily available to all affected contract employees.

8. CONTRACTOR PERSONNEL

A. Single Point of Contact: The SPOC shall be responsible for relaying all contract information between the Government and the Contractor’s personnel. If the SPOC changes, the Contractor shall notify the Government in writing.

9. GOVERNMENT PERSONNEL

Authorities/Technical Direction: Take no direction that changes the terms and conditions of this contract from any Government employee or any person other than the Government Contracting Officer. This includes any change that could affect the contract’s cost, price, scope, or schedule.

Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract.

10. SAFETY REQUIREMENTS

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

B. Stormwater Diversion Channel and Associated Infrastructure (SDCAI) Access: To gain access to sites through the SDCAI work limits, the Contractor is required to obtain specific safety training and certification provided by the SDCAI contractor, Red River Valley Alliance (RRVA). Safety training must be coordinated with the Contracting Officer.

Safety training is available to be completed remotely and consists of a 90-minute safety video. A numbered hard hat sticker will be assigned to each person that has completed the training and must be picked up at RRVA’s main office located at 4816 Amber Valley Parkway

South, Fargo, ND, 58104. The Contactor must call 701-715-5143 and provide the names, dates, and planned areas of access prior to visiting the sites within the SDCAI.

11. ENVIRONMENTAL REQUIRMENTS

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

B. Spills: Should a spill of petroleum, pesticide, or other contaminant occur, the Contractor shall immediately proceed with measures to limit the further spread of contamination. Immediately following the initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. If a reportable quantity is released into the environment, notify the National Response Center (1-800-424-8802).

Take actions to clean the spill at no cost to the Government. Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by the chemical manufacturer to protect the safety and health of the contaminated individual(s).

C. North Dakota Pollutant Discharge Elimination System Permit Coverage: The Contractor is responsible for obtaining all necessary permits to complete the work, including obtaining NPDES/NDPDES permit coverage. North Dakota General Permit No. NDR11-0000 is included as Attachment 4 for reference. Meet all permit conditions and maintain all erosion control measures. Supply copies of all permits and approved Notice of Intent applications to the Contracting Officer.

D. Payment: Procurement of all permits, compliance with permit requirements, compliance with applicable regulations shall be considered incidental to Establishment and Maintenance Activities CLINS for their respective years.

12. QUALITY CONTROL

A. General: The Contractor is responsible for all work necessary to ensure services are performed in accordance with the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor Quality Control (CQC) Manager shall ensure quality control of all project requirements and reporting to the Contracting Officer in a timely manner. The CQC manager shall ensure that the work, including that of subcontractors and suppliers, complies with the requirements of the contract. For submittal requirements refer to Attachment 1 Deliverable Schedule.

B. Quality Control Plan: A Quality Control Plan (QCP) for all proposed work must be submitted to the Contracting Officer for approval. The Contractor’s QCP is the means by which the Contractor tracks compliance with the requirements of the contract. The Contractor’s QCP shall include the following at a minimum:

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

Specify the areas and activities to be inspected on either a scheduled or unscheduled basis, the frequency of inspections and reporting, the name and title of the inspector(s) and provide a sample inspection form.

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

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

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

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

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

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

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

E. Inspections: The Contracting Officer will perform periodic inspections throughout the growing season. If the Contractor’s presence is required for these inspections, this will be coordinated by the Contracting Officer a minimum of seven (7) working days in advance of the inspection. The Contracting Officer will perform an inspection of the site prior to approving payment for any of the Performance Standards as defined in the Part 2, Section 5 of this document. The Contractor need not be present for these inspections.

F. Coordination: See Part 1, Section 3 for description of required meetings.

G. Contract Deficiencies:

1. The Contracting Officer will issue a Contract Discrepancy Report (CDR) (See Attachment

8) to the Contractor when discrepancies are found or observed and require the Contractor to correct the problem. The CDR will note the date and time the deficiency was discovered.

2. The issuance of a CDR may be cause for the scheduling of a performance evaluation meeting between the Contractor and the Contracting Officer. The purpose of the meeting will be to resolve any misunderstanding of the CDR and for the Contractor to explain their resolution process.

3. When a CDR is issued the Contracting Officer may withhold payment until the work has been satisfactorily completed.

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

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

13. EXISTING CONDITIONS

A. Site Conditions: Existing site conditions include homesteads where structures were recently removed, agricultural farm fields, tallgrass prairie, and established forest areas. Further description of each site is provided below. Descriptions of the planting zones for sites can be found in Part 2, Section 2. Maps of all sites can be found in Attachment 5. An interactive map identifying the locations of sites along with site photos can be found at (https://cemvp.maps.arcgis.com/apps/instant/attachmentviewer/index.html?appid=6e812606d 4f44dc8b1ef69727a61320f ).

1. Site 1 - This site is located immediately adjacent to the Red River of the North and measures approximately 38.7 acres. The site includes an established floodplain forest surrounding an active agricultural field. The agricultural field was tilled in the fall of 2023, following the harvest of soybeans. In addition, a home and shed were demolished and removed from the site between 2018 and 2021. This portion of the site has been allowed to grow freely since structure removal and is composed of tall grasses. Ash, elm, box elder, willow, and a few scattered bur oaks were observed in the forested area. Reed canary grass, ragweed and other tall herbaceous species were observed on the perimeter of the agricultural field. Approximately 80% of this site is located within the 10-year floodplain.

2. Site 5 – This site is located adjacent to the Maple River and measures approximately 2.7 acres. This site has been in agricultural production for several decades. The agricultural field was tilled in the fall of 2023, following the harvest of soybeans. Cocklebur, wild cucumber, Japanese hops and ragweed have been observed in the bank stabilization area, as well as reed canary grass further up the bank near the agricultural field. The portion of the site identified for bank stabilization lies within the 10-year floodplain.

3. Site 6 – This site is located adjacent to the Maple River and measures approximately

19.1 acres. This site has been in agricultural production for at least several decades. The agricultural field was tilled in the fall of 2023, following the harvest of corn. Buckthorn, Japanese hops, and reed canary grass have been observed on the site. Some beaver damage was also observed along the river. Siberian elm is present on site, however, stems larger than 3 inches DBH do not require removal. Very little of the site falls within the 10-year flood inundation boundary, primarily areas adjacent to the river and low areas in the northwest corner.

4. Site 13 – This site is located immediately to the north of Site 5 and is approximately 7.7 acres. This site has been predominantly in agricultural production for several decades, although wet conditions sometimes limit the planting of this site in its entirety. The agricultural field was tilled in the fall of 2023, following the harvest of soybeans. Roughly half of the site is within the 10-year flood inundation boundary which occurs primarily on the interior portion of the site.

5. Site 18 – This site is a former building site/flood buyout property, located adjacent to the Wild Rice River and measures approximately 4.4 acres. Structures were removed from the site between 2014 and 2016 and the grasses have been allowed to grow freely.

Some invasive honeysuckle and buckthorn have been observed on site. The southern half of this site falls within the 10-year flood inundation boundary.

6. Site 19 – This is a former building site/flood buyout property, located adjacent to the Wild Rice River and measures approximately 8.1 acres. Due to its past land use as homesites there is established turfgrass and mature trees on the site. All structures were removed between 2011 and 2015. The site is also being used by the RRV Beekeepers. There are multiple privately-owned box hives located on the western side of the property.

Coordination will be needed between the RRV Beekeepers to make sure there are no adverse effects to hives and hive owners while work is occurring on the site. In the bank stabilization area of the site dense ragweed and cucumber has been observed. The areas closest to the river and on the eastern side are within the 10-year flood inundation boundary.

7. Site 25 – This site is a former building site that is located immediately adjacent to the Red River of the North and measures approximately 5.6 acres. All structures were removed between 2014 and 2016. There is significant bank erosion on the northern end of the site along the river. There is a dike between the former building site and the riverbank.

Buckthorn has been observed in existing forest as well as dense ragweed and wild cucumber in the bank stabilization area. More than half of the site falls within the 10-year flood inundation boundary.

8. Site 46 – Site 46 is bounded by the construction of the Diversion Channel to the west and established forest surrounding an unnamed Maple River tributary to the east. The site is approximately 36.4 acres and has been in agricultural production for several decades.

The agricultural field was tilled in the fall of 2023. The site is mostly outside the 10-year inundation boundary.

9. Oxbow County Club Site – This site is located immediately adjacent to the Red River of the North and measures approximately 118.5 acres. The total area classified as floodplain forest is just over 70.6 acres. This site was previously part of the Oxbow Country Club and included a pond, sand pits, greens, irrigation system drainage, sanitary sewer and pump station, drainage, electrical, access roads, and non-native species. This site was substantially modified, including removal of all features and filling, and grading of land. The majority of the site was planted in 2022 with 57.4 acres of bare-root seedlings and 5.7 acres of experimental direct seeding (Design Documentation Report for 2022 planting available in Attachment 6). Both were intended to provide 300 individuals per acre after the first year of establishment. Following revegetation surveys in 2023, seedling numbers were well below the 300 stems per acre requirement and were determined to be a regeneration failure requiring replanting. See Attachment 7. Tree species consist primarily of naturally regenerated boxelder and cottonwood with few scattered planted seedlings consisting of oak, hackberry, and silver maple among them.

Causes of failure have been determined to be from deer and rabbit predation as well as lack of weed control leading to competing vegetation smothering seedlings. Other areas on the site are intended to provide wetland mitigation and were planted with wetland seed mixes. A large portion of this site is located within the 10-year flood inundation boundary.

10. OHB Site – The OHB (Oxbow-Hickson-Bakke) Site is located adjacent to the Red River of the North, south of the City of Oxbow in Cass County, North Dakota. The site is located east of the recently constructed oxbow levee and adjacent to an existing floodplain forest. The site encompasses approximately 6.5 acres and is located on the unprotected side of the Oxbow Hickson Bakke Levee. The site was in use for agricultural row crops from at least 1990 until 2014 when a levee was constructed immediately west of the site and agricultural activities ceased. The site is bordered on the east and north by an existing floodplain forest adjacent to the Red River of the North and to the west by the recently constructed levee. Once taken out of agricultural production the site began regenerating naturally from propagules provided by the adjacent floodplain forest. The majority of the seedlings were box elder (Acer negundo). The site was planted in 2016 with inner plant bare root stock to provide additional diversity. Species planted included five (5) native species: silver maple (Acer saccharinum), bur oak (Quercus macrocarpa), eastern cottonwood (Populus deltoides), hackberry (Celtis occidentalis), and redosier dogwood (Cornus sericea).

11. Option – Land included in the Option is adjacent to the Oxbow Country Club Site. The Option includes a total of 5.4 acres, 1.3 acres of existing forest and 4.1 acres that have been identified as floodplain forest that require planting. The description of conditions at for the Option is similar to those provided for the Oxbow Country Club Site above.

B. Site Access: Most sites can be accessed directly from public roads. However, some sites will require access on service roads through the work limits of the SDCAI described in Part 1, Section 5. The construction of the SDCAI is being implemented by the MFDA as one of the non-Federal Sponsors. Access rights within the SDCAI will require specific safety training and certification, as described in Part 1 Section 10, that shall be coordinated through the Contracting Officer at least 10 days prior to access. During construction, access will need to be coordinated with the SDCAI Contractor daily. An interactive map identifying the approximate locations of site access can be found at (https://cemvp.maps.arcgis.com/apps/instant/attachmentviewer/index.html?appid=6e812606d 4f44dc8b1ef69727a61320f).

1. Site 1 - This site will require access from the service road through SDCAI work limits along the south side of the SDCAI. Cass County Road 31 has been modified by the SDCAI construction and can no longer be used to access Site 1. The service road can be accessed from Cass County Road 31. Access will be across the SDCAI Work Limits and will need to be coordinated with the SDCAI contractor.

2. Site 5 – This site will require access from the service road through SDCAI work limits on the west side of the SDCAI and will need to be coordinated with the SDCAI contractor.

Depending upon the stage of the SDCAI construction, the SDCAI work limits maybe accessible from a service road that extends from Cass County Road 20/33rd Street SE/40th Avenue NW.

3. Site 6 – This site will require access from the service road through SDCAI work limits on the east side of the SDCAI and will need to be coordinated with the SDCAI contractor.

Depending upon the stage of the SDCAI construction, the SDCAI work limits maybe accessible from a service road that extends from Cass County Road 20/33rd Street SE/40th Avenue NW.

4. Site 13 – See Site 5.

5. Site 18 – This site will be accessible from 88th Avenue South.

6. Site 19 – This site is located directly adjacent to Cass Country Road 14 and can be accessed from that road.

7. Site 25 – This site can be accessed through the work limits of the Red River Structure (RRS) Construction Contract along 49th Street SE. The RRS contractor has given approval for access along this road for site preparation, planting, and monitoring.

8. Site 46 – This site can be accessed from 35th Street SE through the southern portion of the site. There is also a 40-foot-wide access easement across the southwest quarter of Section 26 from 19th Ave. NW.

9. Oxbow County Club Site – This site can be accessed through several locations. One location is using Paul Bunyan Drive off of ND HWY 81.