W912ES25B0003 PWS Forest Mitigation FMM 2025.pdf

FARGO-MOORHEAD FOREST PLANTING

PERFORMANCE WORK STATEMENT

PART 1

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 contract includes 99.1 acres. All work is located in Cass County, North Dakota. The sites serve as environmental mitigation for impacts associated with the Fargo-Moorhead Metropolitan Area Flood Risk Management Project (FMM Project).

2. BRIEF DESCRIPTION OF SERVICES

The services requirement includes development and execution of several plans including planting, maintenance, and invasive species control for 99.1 acres of forest and native prairie. Up to 47.6 of those acres require the planting and establishment of trees, grasses, and forbs.

Approximately 51.5 acres are existing forest that require invasive species management. The services also include 5 years of maintenance and monitoring on the 99.1 acres of land included in the contract. Final Performance Standards, as defined in the Site Activities: Performance Standards section, must be met by the completion of Year 5. Interim performance standards are also defined for Years 2 and 4.

3. ADMINISTRATIVE REQUIREMENTS

A. Period of Performance:

1. Year 1: Date of contract award to 31 December 2025.

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 2026 to 31 December 2026.

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 2027 to 31 December 2027.

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 2028 to 31 December 2028.

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 2029 to 31 December 2029.

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: Attend an in-person post-award conference convened by the Contracting Officer.

2. Biweekly Progress Meetings: Discuss contract progress with the Contracting Officer at a minimum of once every two weeks 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 must 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) calendar 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 must attend a meeting with the Contracting Officer and other personnel to discuss findings of the Monitoring Report and plans for the upcoming growing season. This meeting may be attended virtually, at the request of the contractor.

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 seven (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 have different access authorities to the same contract database through RMS. The common database updates 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. On-site work must not begin prior to Project Schedule approval and acceptance.

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

The Project Schedule submitted with invoices must show status of items as completed, in progress, or not started. Items in progress must 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. Project Schedule development will be paid under CLIN Initial Contract Submittals.

Updating the schedule will be considered incidental to Establishment and Maintenance CLINs.

B. Government Safety Requirements: Develop and provide a safety plan as required by the EM 385-1-1 latest version (https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015%20March%202024.pdf).

1. The safety plan must include Accident Prevention Plan (APP), Activity Hazard Analysis (AHA), and Rescue and Evacuation plan.

2. Reports: Monthly Exposure reports, Notifications and Reports, Accident Reports.

3. Certificates: Site Safety and Health Officer (SSHO), Activity Hazard analysis (AHA), AHA Signature log, Certificate of Compliance.

C. Single Point of Contact (SPOC) Contact Information: Provide a SPOC in writing to the Government. See Part I, Section 8 for additional description of SPOC responsibilities.

D. Herbicide Plan:

1. Submit a general written Herbicide Plan that addresses the Contractor’s 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 must detail the carriers, adjuvants, and surfactants to be used. Also include application rates, mixing locations, and plans for environmental protection for mixing areas.

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

4. An Herbicide Applicators List and each Applicator’s credentials, to include prime and subcontractor Applicators, must accompany the Herbicide Plan for Contracting Officer’s review and approval. Credentials must include each Applicator’s license. No changes to https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015%20March%202024.pdf https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015%20March%202024.pdf the Herbicide Applicators List may occur without the Contracting Officer’s review and approval.

E. Material Safety and Product Labels: Environmental Protection Agency (EPA) product labels and material safety data sheets (MSDSs) for all proposed products (website links are acceptable) must be submitted with the Herbicide Plan.

F. Quality Control Plan (QCP): A Quality Control Plan (QCP) must be submitted to the Contracting Officer for approval. See QCP requirements described in the Quality Control paragraph below.

G. 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.

H. 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 must include methods of planting, species being purchased, stock being utilized, and quantities. All other information pertinent to planting activities must be included.

4. Planting Plans must include maps that identify the general locations where different stocks and species (e.g., root stock planting, containerized plantings, etc.) plan to be planted as well as other details useful in evaluating plantings (e.g., locations of oak clusters in oak savanna planting areas).

I. 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.

J. Noxious and Invasive Species Control Plan: The Noxious and Invasive Species Control Plan must include the means and methods for the control and prevention of noxious and invasive weeds and must 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.

K. Maintenance Plan: Submit a Maintenance Plan that allows for tree and native species establishment to the Contracting Officer for approval. Estimated monthly maintenance cost breakdowns must also be included.

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

M. Fatigue Management Plan: Submit a Fatigue Management Plan (FMP) whenever work hours exceed 10-hours a day for more than four (4) consecutive days, exceed 50-hours in a 7-day work week, exceed 12-hours a day for more than three (3) consecutive days, and/or exceed https://bwsr.state.mn.us/sites/default/files/2021-02/seedmix-substitution.pdf

58-hours a week for sedentary (to include office) work. The FMP must address the following components and conditions for operator work hour limitations: (6-7.j)

1. Equipment Operators. Operators of equipment, such as hoisting equipment and draglines, mobile construction equipment, electrical power systems, hydropower plants, industrial manufacturing systems, hydraulically operated equipment, powered vessels, and boats, must not be permitted to exceed 12-hours of duty time in any 24-hour period, including time worked at another occupation. A minimum of eight consecutive hours of rest between shifts in a 24-hour period is required.

2. Motor Vehicle Operators. Operators of motor vehicles, while on duty, must not operate vehicles for a continuous period of more than 10-hours in any 24-hour period. In addition, no employee, while on duty, may operate a motor vehicle after being in a duty status for more than 12-hours during any 24-hour period. A minimum of eight consecutive hours must be provided for rest in each 24-hour period.

5. SITE-SPECIFIC REQUIREMENTS AND RESTRICTIONS

A. Use of Site Facilities:

1. Staging and storage is permitted within the work limits. 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 Occupational Health (SOH) Requirements.

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

3. When stored onsite, all chemicals, pesticides, herbicides, cleaning solutions, etc. must be safely stored 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. Comply with EM 385-1-1 Chapter 35 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 Wild Rice River Structure Work Limits for sites 20 and 20b 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, must 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 must 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 must 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.

In addition, contracts for mitigation have also been awarded near some of the sites serviced under this contract.

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 structures. The SDCAI contract work limits do not overlap with and are not adjacent to the work under this contract.

2. Southern Embankment and Associated Infrastructure (SEAI) Construction: The SEAI includes the construction of 21 miles of dam embankment as well as several structures.

The SEAI has been broken up into several phases for design and construction. Contracts that involve shared work limits or that are adjacent to work under this contract are listed below.

a. Wild Rice River Structure (WRRS) Construction Contract: The WRRS is a large structure under construction on the west side of the Interstate 29 approximately 6 miles south of Fargo. Access to Site 20 and 20b requires ingress/egress over the WRRS. The WRRS contractor has approved access across the structure for site preparation, planting, and maintenance activities.

3. Mitigation Contracts: Several mitigation projects are being completed to offset unavoidable impacts caused by the FMM Project. Mitigation projects include wetland restoration, stream restoration, and forest planting. Mitigation projects that involve shared work limits or that are adjacent to work under this contract are listed below.

a. Fargo-Moorhead Forest Planting Contract #1: The first of the forest mitigation planting contracts was awarded in 2024. Forest planting, monitoring, and management will occur under this contract until it concludes in December of 2028.

One site included in the Fargo-Moorhead Forest Planting Contract #1 is immediately adjacent to the southwest of Site 38a.

b. Fargo-Moorhead Forest Planting Contract #3: This forest mitigation planting contract is anticipated to be awarded in 2026. Forest planting, monitoring, and management will occur under this contract until it concludes in December of 2030. Sites included in the Fargo-Moorhead Forest Planting Contract #3 have yet to be fully determined. It is highly likely that several sites included in the Fargo-Moorhead Forest Planting Contract #3 will be located adjacent to planting sites included in this contract.

G. Payment: Work associated with site specific requirements and restrictions, including traffic control and other contract coordination, will be considered 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 6 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 6 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 ten (10) calendar 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: Sign all areas in which herbicide treatment has occurred with temporary signage indicating that an 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. 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 must occur off site, to the maximum extent practicable. If onsite mixing is required, all mixing must occur within a secondary containment container to 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) may 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 must 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 must be labeled for application in aquatic areas.

5. No broadcast spraying may 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) must 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. Notify the Contracting Officer of any planned herbicide applications and receive prior approval before completing the planned application.

9. Herbicides must be applied to the project areas and be consistent with the noxious weeds and invasives species goals stated within Part 2, Section 6 of this contract.

10. 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 must possess a valid state commercial pesticide applicator's license and must 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 must be observed.

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

G. Post-Application Documentation: 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: 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 must, 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 are 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: Restore 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 must be at the Contractor's expense. Excess and waste material must be removed and properly disposed of off-site.

J. Material Safety Data Sheets (MSDS): 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 must be responsible for relaying all contract information between the Government and the Contractor’s personnel. If the SPOC changes, the Contractor must 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

General: Notwithstanding any other provisions of this contract, 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/

11. ENVIRONMENTAL REQUIRMENTS

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

B. Spills: Should a spill of petroleum, pesticide, or other contaminant occur, immediately proceed with measures to limit the further spread of contamination. Immediately following the initial response, 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, 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 permits to complete the work, including obtaining NPDES/NDPDES permit coverage, as necessary. North Dakota General Permit No. NDR11-0000 is included as Attachment 4 for reference. The attached example permit expires March 31, 2025. The contractor will be responsible for obtaining any updated permit, as necessary. 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 will be considered incidental to Establishment and Maintenance Activities CLINS for their respective years.

https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/

12. QUALITY CONTROL

A. General: The Contractor is responsible for all work necessary to ensure services are performed in accordance with the PWS. Develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor Quality Control (CQC) Manager must ensure quality control of all project requirements and reporting to the Contracting Officer in a timely manner. The CQC manager must 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 QCP is the means by which the Contractor tracks compliance with the requirements of the contract. The QCP must 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 6 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 may issue a Contract Discrepancy Report (CDR) (DD Form 2772) 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, further remedial action may be taken.

H. Payment: Preparation of the Quality Control Plan will be paid under CLIN 0001 Initial Contract Submittals. Payment for ongoing quality control measures, inspections, corrective actions, and the final acceptance process will 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=4e8bc7655 f0d45fa977e29a1ffe97c76).

1. Site 20 – This site is bounded by the Wild Rice River to the north and west, Interstate 29 to the east, and Site 20b to the south. Site 20 measures approximately 13.8 acres. The site includes an established riparian forest along the Wild Rice River as well as along an old oxbow in the middle of the site that resulted from construction of Interstate 29 to the east. The existing trees are primarily elm, box elder, willow, scattered oaks, Russian olive, and Siberian elm. A small portion of this site was also agricultural field. The agricultural field has not been planted since 2022 as construction of the Wild Rice River Structure cut off access for farming. Reed canary grass, ragweed and other tall herbaceous species were observed on the perimeter of the agricultural field. Woody invasive species such as honeysuckle were also observed scattered through the existing forested. There are some erosional issues on the northern end of the site along the river.

The vast majority of the site, approximately 90%, lies within the 10-year flood inundation boundary. Roughly two thirds of the site is comprised of Wahpeton silty clay (I451D), which is described as being found on 1-15% slopes and occasionally flooded. The major components are listed as Wahpeton (35%), which is a moderately well drained, non-hydric clayey soil, and Cashel (25%), a somewhat poorly drained, non-hydric loamy overflow soil. Cashel silty clay (I293B) is the other major soil component on the site and is typically found on 0-6% slopes, is considered poorly drained and occasionally floods.

Its major component is Cashel (80%) and lesser amounts of other soil types.

2. Site 20b – This site lies immediately south of Site 20 and north of the Southern Embankment. The Wild Rice River borders the western edge and Interstate 29 borders the eastern edge. The site measures 18.1 acres, most of which has historically been agricultural field. Near the Wild Rice River existing forest is present. Species observed within the existing forest section include ash, elm, box elder, willow, and a few scattered bur oaks. The agricultural field has not been planted since 2022 as construction of the Wild Rice River Structure cut off access. Topsoil was stripped from much of the agricultural field and suitable clay material was excavated from the area for use in the construction of the earthen dam to the south of the site. Earthen material that was not suitable for use in the construction of the earthen dam was spread throughout the site and was later capped with topsoil. Approximately half of the site is within the 10-year flood inundation boundary but is considered to be a drier site. Half of the site is Fargo silty clay (I229A), with Cashel silty clay (I293B), Wahpeton-Cashel silty clays (I451D) and lesser amounts of other soil types. Fargo silty clay consists of Fargo (80%) and lesser amounts of other soil types. It is considered poorly drained. Cashel silty clay is another https://cemvp.maps.arcgis.com/apps/instant/attachmentviewer/index.html?appid=4e8bc7655f0d45fa977e29a1ffe97c76 https://cemvp.maps.arcgis.com/apps/instant/attachmentviewer/index.html?appid=4e8bc7655f0d45fa977e29a1ffe97c76 soil component of the site and is typically found on 0-6% slopes, is considered poorly drained and occasionally floods. Its major component is Cashel (80%) and lesser amounts of other soil types. Wahpeton-Cashel silty clays is composed of Wahpeton (35%), Cashel (25%) and other soil types in lesser amounts. It is found on 1-15% slopes, considered moderately well drained and floods occasionally.

3. Site 38a – This 67.2 acre site is located just north of Oxbow, ND and is bordered by County Road 81 to the west and the Red River to the south and east. The primary driveway through the site has been excluded from the work limits of this contract to enable a third party to survey and remove a historic barn. The driveway may still be used to access the site but no equipment will be allowed to be parked in this area. Nearly half of the site was previously a tree nursery which has resulted in numerous clusters of mature trees. Many of these clusters will remain in place with supplemental planting intended to fill in the gaps. A 6-foot-tall fence surrounds the nursery area. This fence was left in place as an option to help deter herbivory of newly planted trees. The approximately 4,300-foot-long fence must be removed by the conclusion of this contract.

Some trees of specific species must be removed due to their invasive nature. Those species are highlighted along with their present quantities in Attachment 6. A large portion of the site has existing forest on it with a mix of species including, burr oak, basswood, ash, elm, and willow. There is also reed canary grass along the river as well as buckthorn present on the site at higher elevations. Beaver activity has been observed on the site. Most of the land on this site falls within the 10-year flood inundation boundary. The site is comprised of three primary soil types, with the majority being mapped as Cashel silty clay (I293B), which is found in 0-6% slopes and occasionally flooded. The major soil component (80%) is Cashel, a loamy overflow that is non-hydric, but somewhat poorly drained. The second most abundant soil type is Fargo silty clay (I229A), found on 0-1% slopes, with Fargo being its major component (80%). Fargo is described as a clayey, poorly drained, hydric soil. Third most abundant, found primarily along the riverbank is mapped as Wahpeton silty clay (I451D), which is described as being found on 1-15% slopes and occasionally flooded. The major components are listed as Wahpeton (35%), which is a moderately well drained, non-hydric clayey soil, and Cashel (25%), a somewhat poorly drained, non-hydric loamy overflow soil.

B. Site Access: 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=4e8bc7655 f0d45fa977e29a1ffe97c76).

1. Site 20 – This site must be accessed through Site 20b.

2. Site 20b – This site must be accessed from 173rd Avenue Southeast off of 124th Avenue South in Horace, ND. Access to the site requires crossing the Wild Rice River Structure.

The Government may have other on-going contracts and work may be occurring in this area. Coordinate work at this site with the Contracting Officer to prevent delays and interreference with those contracts.

3. Site 38a – This site must be accessed from Paul Bunyon Drive off of County Road 81 in Oxbow, ND.

https://cemvp.maps.arcgis.com/apps/instant/attachmentviewer/index.html?appid=4e8bc7655f0d45fa977e29a1ffe97c76 https://cemvp.maps.arcgis.com/apps/instant/attachmentviewer/index.html?appid=4e8bc7655f0d45fa977e29a1ffe97c76

PART 2

SITE ACTIVITIES

1. SITE PREPARATION

A. Tree Planting and Bank Stabilization Areas: Prepare a site preparation plan for submittal to the Government for approval prior to the commencement of site preparation. Plan must include measures to properly prepare sites for planting and establishment of Floodplain Forest, Bank Stabilization and Oak Savanna areas. Site preparation activities may include, mowing, broadcast spray, discing and burning.

a. Acreage: 47.6 acres

B. Measurement and Payment: Work associated with preparing and submitting a site preparation plan for this project will be paid under CLIN Initial Contract Submittals. Site preparation activities will be paid under CLIN Site Preparation Activities. Invoices submitted for payment must be accompanied by a map that clearly shows where work was completed and provides a description of said work. Payment includes all work necessary to prepare the site for seeding and planting. Payment for installation and maintenance of erosion control measures will be considered incidental to establishment and maintenance activities. Site Preparation Activities will be measured for payment by the acre, rounded to the nearest tenth acre.

2. SEEDING AND PLANTING:

A. Planting Zones: Three distinct planting zones were identified to address the variability in the project sites. Some sites currently have streambank erosion issues that could be stabilized by planting species that develop dense root systems, some sites have characteristics suitable for floodplain forest reforestation, and other sites have characteristics that lend themselves to recreating oak savanna habitat. Following award of the contract, planting plans must be developed and sent to the Contracting Officer for approval prior to the commencement of tree and seed planting. The planting plans must cover all planting zones (Bank Stabilization, Floodplain Forest, and Oak Savanna), include methods of planting, species being purchased, stock being utilized as well as quantities, and competing vegetation control (native and non-native) during the first growing season of planting. It must include any other information pertinent to planting activities specified below:

1. Bank Stabilization – Must be accomplished with a combination of live stake plantings and riparian tree plantings along with BWSR Riparian S&W Seed Mix (34-262) for stabilization. Prior to planting, sites at a minimum must be treated to remove invasive species such as Japanese hops (Humulus japonicus) and reed canary grass (Phalaris arundinacea) as well as all other competing herbaceous species such as ragweed (Ambrosia spp.), bur cucumber (Sicyos spp.) and cocklebur (Xanthium spp.). Following treatment of herbaceous species, sites must be prepared and reseeded with BWSR Riparian S&W Seed Mix (34-262). Live stakes are utilized best closer to the water, as the live stakes need contact with the water table for success. Live stakes must be planted at a minimum density of 3 rows with a 2x2 foot spacing along the water's edge. Stakes must be at a minimum 30 inches long with a diameter between ½ inch and 1.5 inches. Stakes must be planted to a depth of at least 20 inches. Acquisition of live stakes is the responsibility of the Contractor. On sites where there is appropriate stock of stakes present, those stakes may be cut and utilized. If stakes are cut from onsite sources, stumps must be cut flat with no points and less than 6 inches tall to avoid tripping and safety hazards. If there are no appropriate sources for live stakes present on site, stakes must be responsibly sourced by the Contractor. Live stake species must consist primarily of (>75%) of willow (Salix spp.), with lesser amounts of red-osier dogwood (Cornus sericea) and eastern cottonwood (Populus deltoides) for diversity. Farther away from the waterline, and closer to the habitat transition zone, planting bare-root seedlings of peachleaf willow (Salix amygdaloides), sandbar willow (Salix interior), Smooth sumac (Rhus glabra), and plains cottonwood (Populus deltoides monilifera) must be utilized and planted at a minimum density of 9x9 foot spacing.

a. Acreage: 2.3 acres

2. Floodplain Forest – Planting bare-root seedlings of plains cottonwood (Populus deltoides monilifera), peachleaf willow (Salix amygdaloides), boxelder (Acer negundo), hackberry (Celtis occidentalis), quaking aspen (Populus tremuloides), silver maple (Acer saccharinum), black walnut (Juglans nigra) and American basswood (Tilia americana).

Hard mast species would involve planting bur oak (Quercus macrocarpa) container trees.

Container and bare root seedlings must be planted at a minimum rate of 550 trees per acre with a 9x9 foot spacing. Size of stock is dependent on the planting site and must be specified by the Contractor and approved by the Government prior to purchase and planting. The Contractor is responsible for sourcing and acquiring all plant materials.

Plant materials must come from regional sources (North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Wisconsin) to ensure that they are appropriate for planting in the Fargo Moorhead area. Prior to or during planting, sites with woody or herbaceous invasive or noxious species must be treated to prevent their spread and increase chances of success of the planting. Invasive species are identified in the Minnesota DNR Invasive Terrestrial Plants List (https://www.dnr.state.mn.us/invasives/terrestrialplants/index.html), and noxious species are identified in North Dakota’s Noxious Weed Law and Regulation (https://www.ndda.nd.gov/divisions/plant-industries/noxious-weeds) and the Minnesota Noxious Weeds List (https://www.mda.state.mn.us/plants-insects/minnesota-noxious-weed-list). Note however, there are established (>3 inches DBH) Russian olive and Siberian elm present on planting sites that are not required to be removed. Invasives trees of those species under 3 inches at DBH along with new shoots and propagules however must be removed to prevent their spread on the sites.

a. Acreage: 27.2 acres.

3. Oak Savanna – Planting of BWSR Woodland Edge South & West Seed Mix (36-211) with bur oak (Quercus macrocarpa) container and bare root seedlings planted at a minimum rate of 300 trees per acre with a 6x6 foot spacing in several dense aggregates and individual trees interspersed throughout the site. Prior to seeding of the BWSR Woodland Edge South & West Seed Mix the site must be prepared and competing vegetation eliminated. Once seeded it is the responsibility of the Contractor to maintain the site as specified in the section below. Size of stock is dependent on the planting site and must be specified by the Contractor and approved by the Government prior to purchase and planting. The Contractor is responsible for sourcing and acquiring all plant materials.

Plant materials must come from regional sources (North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Wisconsin) to ensure that they are appropriate for planting in the Fargo Moorhead area. Prior to or during planting, sites with woody or herbaceous species must be treated to prevent their spread and increase chances of success of the planting. Invasive species are identified in the Minnesota DNR Invasive Terrestrial Plants List (https://www.dnr.state.mn.us/invasives/terrestrialplants/index.html), and noxious species are identified in North Dakota’s Noxious Weed Law and Regulation (https://www.ndda.nd.gov/divisions/plant-industries/noxious-weeds) and the Minnesota Noxious Weeds List…