W912ES26BA007 Scope of Work.pdf

FARGO-MOORHEAD FOREST PLANTING

PERFORMANCE WORK STATEMENT

PART 1

GENERAL INFORMATION

1. SUMMARY

This is a 3-year service contract to plant, monitor, and maintain native forest habitat in the Fargo- Moorhead area. The total area of the Base Contract includes 165.4 acres with an additional 10.4 acres that may be added through an option. All work is located in Cass County, North Dakota and Clay County, Minnesota. 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

A. Base Contract: The services requirement includes development and execution of several plans including planting, maintenance, and invasive species control for 165.4 acres of forest and native prairie. Up to 68.8 of those acres require the planting and establishment of native trees, grasses, and forbs. Approximately 96.5 acres are existing forest that are included as preservation areas and require invasive species control. The services also include 3 years of maintenance and monitoring on the 165.4 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 3.

B. Option 1: Option 1 adds 10.4 acres of planting, maintenance, and invasive species control to the contract. Planting and establishment of native trees, grasses, and forbs would be required on 4.8 acres. Invasive species control within existing forest preservation areas would be required on 5.6 acres. The Option also includes 3 years of maintenance and monitoring on the 10.4 acres of land included in the Option. Final Performance Standards, as defined in the Site Activities: Performance Standards section, must be met by the completion of Year 3. All other requirements of the base contract also apply to the Option. The Contracting Officer may exercise Option 1 by written notice to the Contractor within six months of the contract award to allow for planting in Year 1. Plans and submittals required for the Base Contract and Option 1 may be combined to reduce redundancy and effort; the Contractor will not be paid separately for plans and submittals related to Option 1.

3. ADMINISTRATIVE REQUIREMENTS

A. Period of Performance:

1. Year 1: Date of contract award to 31 December 2026.

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 2027 to 31 December 2027.

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.

3. Year 3: 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. Final Vegetation Performance Standards must also be met in Year 3.

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 the Contractor plans to plant different stocks and species (e.g., root stock planting, containerized plantings, etc.) 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 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, https://bwsr.state.mn.us/sites/default/files/2021-02/seedmix-substitution.pdf 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.

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 the 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 22 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. Red River Structure (RRS) Construction Contract: The RRS is a large structure that will control flows entering the FM Area during certain flood events. The RRS was constructed in a meander loop along the Red River and the river channel was diverted through the structure. The meander loop was then cut off from the main channel and a section of embankment is being built from the RRS and across the abandoned channel. This section of embankment will connect with work on the adjacent Southern Embankment Reach 4 contract (SE-4). Work limits of the RRS contract are located adjacent to the northern portion of Site 22.

b. Southern Embankment Reach 4 Construction Contract (SE-4): The SE-4 contract includes the construction of approximately 5.5 miles of embankment, several road raises, and a large drain inlet into the Red River. Site 22 and Site 44 are separated by a drain inlet constructed under the SE-4 contract, which includes a ditch and rock drop structure.

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 forest mitigation planting contract was awarded in 2024. Forest planting, monitoring, and management will occur under this contract until it concludes in December of 2028. Fargo-Moorhead Forest Planting Contract #3 (this contract) includes several parcels that have been identified as the Oxbow Country Club #2 Sites. Oxbow Country Club #2 Sites is surrounded by forest mitigation land that has been planted and is being maintained as part of Contract #1.

b. Fargo-Moorhead Forest Planting Contract #2: This forest mitigation planting contract was awarded in 2025. Forest planting, monitoring, and management will occur under this contract until it concludes in December of 2029. Site 38b is surrounded by forest mitigation land that has been planted and is being maintained as part of Contract #2.

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.a 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.a 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 herbicides with an active ingredient listed 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 5 of this contract.

10. Individual applications must not exceed the maximum annual per acre application rate of the active ingredient as defined on the product label. Ensure that total applications in a season do not exceed the maximum annual application limit.

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. Applicators must be licensed in relevant categories for application in the appropriate state. 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 or 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. National 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. Contractor must meet all permit conditions and maintain all erosion control measures and 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 AND WORK TO BE PERFORMED AT EACH SITE

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 and the work to be performed is summarized in Table 1. Descriptions of the planting zones for sites can be found in Part 2, Section 2. Maps of all sites can be found in Attachment 4. 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=e93bc70d4 5134a888922e008c1a03530 ). Total site acreages in the descriptions below may differ from the sum total of individual planting strategies due to rounding.

1. Site 8a - This site is located immediately adjacent to the Red River of the North and measures approximately 28.8 acres. It has been hayed for the last 5 years and was a mixture of building sites, pasture, and hay land prior to that. The site will be planted with

5.2 acres of floodplain forest and 6.5 acres of oak savanna planting strategies. The remaining 17.2 acres of existing forest will be placed into forest preservation. The entire western half of this site falls within the 10-year flood inundation boundary, and the majority of the site is comprised of 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. There is a portion of the site mapped as Wahpeton silty clay (I248B), which is occasionally flooded and found on 2-6% slopes. The major component (80%) is Wahpeton, described as a clayey, moderately well drained, non-hydric soil.

2. Site 22a - This site is located immediately adjacent to the Red River of the North, measures approximately 28.0 acres, and is situated near and across the river from the Red River Structure. The site will be planted with 2.2 acres of floodplain forest and 3.1 acres of the oak savanna planting strategies. The remaining 22.6 acres will be placed into forest preservation. Much of the northern half of the site and forested areas lie within the 10-year flood inundation boundary. This site is comprised of three primary soil types, with the majority of the site comprised of Wahpeton silty clay (I248A), which is described as being found on 0-2% slopes and occasionally flooded. The major component (80%) is Wahpeton, described as a clayey, moderately well drained, non-hydric soil. The northern portion of the site is comprised of 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.

3. Site 32 - This site is located immediately adjacent to the Red River of the North, measures approximately 28.9 acres, and has old oxbows located on site. The site was historically a farmstead with several outbuildings and pasturelands. All buildings were removed in 2020 and the majority of the site has been used for hay production since. .

The site will be planted with 11.7 acres of floodplain forest and 11.8 acres of the oak https://cemvp.maps.arcgis.com/apps/instant/attachmentviewer/index.html?appid=e93bc70d45134a888922e008c1a03530 https://cemvp.maps.arcgis.com/apps/instant/attachmentviewer/index.html?appid=e93bc70d45134a888922e008c1a03530 savanna planting strategies. The remaining 5.5 acres of the site will be placed into preservation. Approximately half of this site falls within the 10-year flood inundation boundary. This site is comprised of three primary soil types, with much of the site comprised of Wahpeton silty clay (I248A), which is described as being found on 0-2% slopes and occasionally flooded. The major component (70%) is listed as Wahpeton, which is a moderately well drained, non-hydric, clayey soil. Smaller portions of the site are 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. The north-eastern portion of the site is comprised of 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.

4. Site 33 - This site is located near the Red River of the North and is immediately south of Site 32. It is 9.0 acres in size and consists of a fallow field surrounded by floodplain forest. The field, which is approximately 3.3 acres, will be planted with floodplain forest and the remaining 5.7 acres of established forest will be placed into forest preservation.

Approximately 80% of this site lies within the 10-year flood inundation boundary. The site is comprised entirely of Wahpeton silty clay (I248A) and Wahpeton-Cashel silty clays (I451D). Wahpeton silty clay is described as being found on 0-2% slopes and occasionally flooded. The major component (70%) is listed as Wahpeton, which is a moderately well drained, non-hydric, clayey soil. Wahpeton-cashel silty clays are 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.

5. Site 34 - This 9.1 acre site is a former building site that is located between an oxbow and the Red River of the North, just east of Site 33. The buildings were removed from the site in the summer of 2025. There is bank slumping occurring on the eastern edge of the site resulting in 0.3 acres bank stabilization to be planted in that area. Approximately 2.7 acres of the site will be planted with floodplain forest and the remaining 6.1 acres will be placed into forest preservation. Very little of the site falls within the 10-year flood inundation boundary. The site is comprised of three primary soil types, with the majority being 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. The second most abundant soil type is Sinai silty clay (I475B) which is described as being found on 0-6% slopes. The major component (80%) is listed as Sinai, which is a well-drained, non-hydric, clayey soil.

Third most abundant is 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.

6. Site 38b – This site is a former building site that was surrounded by a tree nursery, which is now being managed for forest mitigation. The buildings were removed from the site in the summer of 2025. The site is approximately 4.8 acres and will be planted with 2.1 acres of floodplain forest while the remaining 2.7 acres will be placed into forest preservation. Only a portion is within the 10-year flood inundation boundary. The majority of the site has soils described as Cashel silty clay with 0-6% slopes. The rest of the site closer to the Red River is described as Wahpeton-Cashel silty clays with 1-15% slopes.

7. Site 42a - This site was a previously a housing development located along the Red River.

It is a mix of former building sites and pasture land measuring 32.8 acres. Approximately

15.9 acres of the site will be planted into floodplain forest, while the remaining 16.9 acres will be placed into forest preservation. Most of this site falls within the 10-year flood inundation boundary. The majority of the site is comprised of Wahpeton-Cashel 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. In the northern portion of the property, there is 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.

8. Site 44 - Site 44 is located adjacent to the Red River of the North on the Minnesota side of the river and is approximately 15.9 acres. Approximately 0.8 acres of the site will be planted to floodplain forest while the remaining 15.1 acres of the site will be placed into forest preservation as it is a long strip of mature forest. Most of the site is within the 10-year flood inundation boundary. The two primary soils on the site include Fluvaquents (I16F) and Rauville silty clay loam (I49A). Fluvaquents consist primarily of Fluvaquents (55%) and Hapludolls (25%) as well as other soil types of lesser amounts. Fluvaquents typically occur on slopes of 0-30%, are frequently flooded and poorly drained. Rauville silty clay loam are composed primarily of Rauville (80%) and lesser amounts of other soil types. It typically occurs on 0-2% slopes, is very frequently flooded and very poorly drained.

9. Oxbow Country Club #2 Sites - These sites are adjacent to the Red River and bordered by other forest mitigation sites on other sides. They had been excluded from previous forest mitigation contracts due to Real Estate issues that have since been resolved. This site includes 8.0 acres. Floodplain forest planting will occur on 3.2 acres while the remaining 4.8 acres are already forested and will be placed into forest preservation. The sites were previously part of a housing development that was nested within a golf course.

The majority of the sites included in this group are within the 10-year flood inundation boundary. The site is predominantly composed of Wahpeton-Cashel silty clays and Cashel silty clay.

10. Option 1:

a. Site 8b – This site is included as an option due to a large stockpile of material that needs to be removed prior to the site being planted. Stockpile removal will take place under a separate contract. Removal should occur during the winter of 2025-26. Site 8b of Option 1 includes 1.5 acres with 1.0 acre of floodplain forest planting and 0.5 acres of forest preservation. Flooding and soils on the site are very similar to those found in the larger Site 8a which surrounds Site 8b. The site contains Wahpeton silty clay (I248B), which is occasionally flooded and found on 2-6% slopes.

b. Site 22b – This site was previously a homestead and buildings and debris are anticipated for removal in the spring of 2026. The removal will take place under a separate contract. Site 22b of Option 1 includes 3.0 acres with 0.2 acres being planted into floodplain forest and 2.2 acres being planted into oak savanna. Approximately 0.6 acres of existing forested land will be placed into forest preservation. The majority of Site 22b is outside the 10-year floodplain. and soils on the site are very similar to those of site 22a, which is comprised of Wahpeton silty clay (I248A), and described as being found on 0-2% slopes and occasionally flooded.

c. Site 42b –This site includes properties with a home and other outbuildings. They are anticipated for removal in the spring of 2026 under a separate contract. Site 42b of Option 1 includes 5.9 acres, with 1.3 acres being planted into floodplain forest and the remaining 4.6 being placed in forest preservation. Flooding and soils on the site are very similar to conditions provided for site 42a, which is comprised of Wahpeton- Cashel silty clay (I451D), and described as being found on 1-15% slopes and occasionally flooded.

Table 1. Planting strategy and site acreages. Total acreages for Option 1 listed in parentheses. Site acreage total may differ from sum total of strategies due to rounding.

Site Total Site Acreage Planting Strategy Acres

8a 28.8

Floodplain forest planting 5.2

Oak savanna planting 6.5

Bank Stabilization 0

Forest preservation 17.2

22a 28.0

Floodplain forest planting 2.2

Oak savanna planting 3.1

Bank Stabilization 0

Forest preservation 22.6

32 28.9

Floodplain forest planting 11.7

Oak savanna planting 11.8

Bank Stabilization 0

Forest preservation 5.5

33 9.0

Floodplain forest planting 3.3

Oak savanna planting 0

Bank Stabilization 0

Forest preservation 5.7

34 9.1

Floodplain forest planting 2.7

Oak savanna planting 0

Bank Stabilization 0.3

Forest preservation 6.1

38b 4.8

Floodplain forest planting 2.1

Oak savanna planting 0

Bank Stabilization 0

Forest preservation 2.7

42a 32.8

Floodplain forest planting 15.9

Oak savanna planting 0

Bank Stabilization 0

Forest preservation 16.9

44 15.9 Floodplain forest planting 0.8

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=e93bc70d4 5134a888922e008c1a03530 ).

1. Site 8a – Accessed from the very west end of County Road 93 (70th Ave NW) in Moorhead, MN.

2. Site 22a – Access to this site will be from County Road 59 in Moorhead, MN. There may be work from other contracts going on in this location. The contractor must coordinate work at this site with the Contracting Officer to prevent delays and interference with those contracts.

3. Site 32 – Accessed off of County Road 18 (52nd Street SE) in Hickson, ND.

Oak savanna planting 0

Bank Stabilization 0

Forest preservation 15.1

Oxbow Country Club #2

Sites 8.0

Floodplain forest planting 3.2

Oak savanna planting 0

Bank Stabilization 0

Forest preservation 4.8

8b 1.5

Floodplain forest planting 1.0

Oak savanna planting 0

Bank Stabilization 0

Forest preservation 0.5

22b 3.0

Floodplain forest planting 0.2

Oak savanna planting 2.2

Bank Stabilization 0

Forest preservation 0.6