2027-134_Sample_Contract___Exhibits.pdf

Rev. 03.12.2026

State of Minnesota Contract

SWIFT Contract Number:

This Contract is between the State of Minnesota, acting through the Commissioner of The Department of Natural Resources (“State”) and [Contractor] whose designated business address is [Contractor’s business address] (“Contractor”). State and Contractor may be referred to jointly as “Parties.”

Recitals

1. State issued a solicitation identified as 2027-134 Arlington WMA Tree Removal, SWIFT Event No.

2000018577 on August 21, 2026, for all labor, equipment, materials, tools, transportation, herbicide and incidentals necessary to cut, stump treat with herbicide, pile and burn or remove from site all designated woody material within a 124-acre area on the Arlington WMA as well as follow-up foliar herbicide treat resprouts/new growth of buckthorn and honeysuckle in a 10-acre sub-section of the original treatment area all located in Sibley County. (“Solicitation”);

2. Contractor provided a response to the Solicitation indicating its interest in and ability to provide the goods or services requested in the Solicitation; and

3. Subsequent to an evaluation in accordance with the terms of the Solicitation, the Parties desire to enter into a contract.

Accordingly, the Parties agree as follows:

Contract

Term of Contract

Effective date. The date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. The Contractor must not begin work under this Contract until this Contract is fully executed and the Contractor has been notified by the State’s Authorized Representative to begin the work.

Expiration date. June 18, 2027, or until all obligations have been satisfactorily fulfilled, whichever occurs first.

Contractor’s Duties The Contractor shall perform all duties described in this Contract to the satisfaction of the State.

Representations and Warranties

Under Minn. Stat. §§ 15.061 and 16C.03, subd. 3, and other applicable law the State is empowered to engage such assistance as deemed necessary.

Contractor warrants that it is duly qualified and shall perform its obligations under this Contract in accordance with the commercially reasonable standards of care, skill, and diligence in Contractor’s industry, trade, or profession, and in accordance with the specifications set forth in this Contract, to the satisfaction of the State.

Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract, or any part thereof, and to bind Contractor to its terms.

Time The Contractor must comply with all the time requirements described in this Contract. In the performance of this Contract, time is of the essence.

Compensation and Conditions of Payment

Compensation. The State will pay for performance by the Contractor under this Contract in accordance with the breakdown of costs as set forth in Exhibit D which is attached and incorporated into this Contract.

Conditions of Payment. All duties performed by the Contractor under this Contract must be performed to the State’s satisfaction and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the Office of the Secretary of State.

The Contractor will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law.

Authorized Representative

State’s Authorized Representative. The State's Authorized Representative is Tim Koppelman, Project Supervisor, 501 9th St, Nicollet, MN 56074, (507) 386-3923 or Braidey Johnson, alternate contact, 501 9th St, Nicollet, MN 56074, (507) 386-3924 or their successor or delegate, and has the responsibility to monitor the Contractor’s performance and the authority to accept the services delivered or goods received under this Contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment.

Contractor’s Authorized Representative. The Contractor's Authorized Representative is [name, title] at the following business address and telephone number: [insert business address and telephone number], or his/her successor. If the Contractor’s Authorized Representative changes at any time during this Contract, the Contractor must immediately notify the State.

Exhibits The following Exhibits are attached and incorporated into this Contract. In the event of a conflict between the terms of this Contract and its Exhibits, or between Exhibits, the order of precedence is first the Contract, and then in the following order:

Exhibit A: Contract Terms Exhibit B: Insurance Requirements Exhibit C: Specifications, Duties, and Scope of Work Exhibit D: Price and Payment Schedule Exhibit E: Attached Documents

• Arlington WMA Tree Removal Maps Exhibit F: Pesticide Application Report

1. State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05

3. Department of Natural Resources With delegated authority

Print name: Print name:

Signature: Signature:

Title: Date: Title: Date:

SWIFT Contract No.:

2. Contractor The Contractor certifies that the appropriate person(s) have executed the Contract on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances.

4. Commissioner of Administration As delegated by The Office of State Procurement

Print name: Print name:

Signature: Signature:

Title: Date: Title: Date:

Exhibit A: Contract Terms

Prompt Payment and Invoicing.

Prompt Payment. The State will pay the Contractor pursuant to Minn. Stat. § 16A.124, which requires payment within 30 days following receipt of an undisputed invoice, or merchandise or service, whichever is later. Terms requesting payment in less than 30 days will be changed to read “Net 30 days.” Notwithstanding the foregoing, the State may pay the Contractor in advance for purchases as allowed pursuant to Minn. Stat. §16A.065.

Invoicing. At a minimum the invoice must meet the requirements found on Exhibit D which provides a list of minimum invoice requirements.

Assignment, Amendments, Waiver, and Contract Complete.

Assignment. The Contractor may neither assign nor transfer any rights or obligations under this Contract without the prior consent of the State and a fully executed assignment agreement, executed and approved by the authorized parties or their successors.

Amendments. Any amendment to this Contract must be in writing and will not be effective until it has been executed and approved by the authorized parties or their successors.

Waiver. If the State fails to enforce any provision of this Contract, that failure does not waive the provision or its right to enforce it.

Contract Complete. This Contract contains all negotiations and agreements between the State and the Contractor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

Termination.

Termination for Convenience. The State or Commissioner of Administration may cancel this Contract at any time, with or without cause, upon 30 days’ written notice to the Contractor. Upon termination for convenience, the Contractor will be entitled to payment, determined on a pro rata basis, for services or goods satisfactorily performed or delivered.

Termination for Breach. If the Contractor fails to perform according to the contract terms and conditions, the State is authorized to immediately cancel the Contract or purchase order, or any portion of it, and may obtain replacement goods or services and charge the difference of costs to the defaulting Contractor. In the event of default, the State reserves the right to pursue any other remedy available by law. A Contractor may be removed from the vendors list, suspended or debarred from receiving a Contract for failure to comply with terms and conditions of the Contract, or for failure to pay the State for the cost incurred on the defaulted Contract.

Termination for Insufficient Funding. The State may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services addressed within this Contract. Termination must be by written notice to the Contractor. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Contractor will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that dedicated funds are available. The State will not be assessed any penalty if the Contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Contractor notice of the lack of funding. This notice will be provided within a reasonable time of the State’s receiving notice.

Force Majeure.

Neither party shall be responsible to the other or considered in default of its obligations within this Contract to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of the inability to perform and take all necessary steps to bring about performance as soon as practicable.

Indemnification.

In the performance of this Contract, the Indemnifying Party must indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney’s fees incurred by the State, to the extent caused by Indemnifying Party’s:

• Intentional, willful, or negligent acts or omissions; or

• Actions that give rise to strict liability; or

• Breach of contract or warranty.

The Indemnifying Party is defined to include the Contractor, Contractor’s reseller, any third party that has a business relationship with the Contractor, or Contractor’s agents or employees, and to the fullest extent permitted by law.

The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State’s sole negligence. This clause will not be construed to bar any legal remedies the Indemnifying Party may have for the State’s failure to fulfill its obligation under this Contract.

Nothing within this Contract, whether express or implied, shall be deemed to create an obligation on the part of the State to indemnify, defend, hold harmless or release the Indemnifying Party. This shall extend to all agreements related to the subject matter of this Contract, and to all terms subsequently added, without regard to order of precedence.

Governing Law, Jurisdiction, and Venue.

Minnesota law, without regard to its choice-of-law provisions, governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.

Contract Use by State Agencies.

To the extent applicable, the Contract does not prohibit state agencies from using their delegated purchasing authority to procure similar goods and services from other sources.

Warranty.

The Contractor warrants to the ordering entity that materials and equipment furnished under the Contract will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the contract. Work not conforming to these requirements, including substitutions not properly approved and authorized in writing may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If requested, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment used.

All installation materials and labor shall be guaranteed for a period of one (1) year following the date of final acceptance.

During the first year following acceptance, the Contractor shall, upon notification by the ordering entity of any malfunctions, make necessary repairs, including labor, travel, and materials, at the Contractor’s expense.

Delivery.

Contractor is obligated to deliver within the quoted lead times. If delivery is not made within that time frame, the State reserves the right to deem the Contractor in default.

Risk of Loss.

The State is relieved of all risks of loss or damage to the goods and equipment during periods of transportation, installation by the Contractor, or while in the possession of the Contractor or its agent.

Purchase Orders.

The parties agree that there is no minimum order requirements or charges to process an individual purchase order unless otherwise stated in the Contract. The Purchase Order number must appear on all documents (e.g., invoices, packing slips, etc.).

Items Offered as New.

All products, materials, supplies, replacement parts, and equipment offered and furnished must be new, of current manufacturer production, and must have been formally announced by the manufacturer as being commercially available, unless otherwise stated in this Contract.

Subcontracting.

This Contract may not be subcontracted in whole or in part.

Data Disclosure.

Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the Contractor consents to disclosure of its social security number, federal employer tax identification number, and Minnesota tax identification number, already provided to the State, to federal and state agencies, and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the Contractor to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities.

Government Data Practices.

The Contractor and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the Contractor or the State.

If the Contractor receives a request to release the data referred to in this clause, the Contractor must immediately notify and consult with the State’s Authorized Representative as to how the Contractor should respond to the request. The Contractor’s response to the request shall comply with applicable law.

Intellectual Property Rights.

Definitions. For the purpose of this Section, the following words and phrases have the assigned definitions:

“Documents” are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Contractor, its employees, agents, or subcontractors, in the performance of this Contract.

“Pre-Existing Intellectual Property” means intellectual property developed prior to or outside the scope of this Contract, and any derivatives of that intellectual property.

“Works” means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Contractor, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this Contract. “Works” includes Documents.

Ownership. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this Contract. The Documents shall be the exclusive property of the State and all such Documents must be immediately returned to the State by the Contractor upon completion or cancellation of this Contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Contractor assigns all right, title, and interest it may have in the Works and the Documents to the State. The Contractor must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents.

Pre-existing Intellectual Property. Each Party shall retain ownership of its respective Pre-Existing Intellectual Property. The Contractor grants the State a perpetual, irrevocable, non-exclusive, royalty free license for Contractor’s Pre-Existing Intellectual Property that are incorporated in the products, materials, equipment, deliverables, or services that are purchased through the Contract.

Obligations.

Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Contractor, including its employees and subcontractors, in the performance of this Contract, the Contractor will immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the State’s Authorized Representative with complete information and/or disclosure thereon.

Representation. The Contractor must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Contractor nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Contractor represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities.

Indemnification. Notwithstanding any other indemnification obligations addressed within this Contract, the Contractor will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Contractor’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Contractor will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Contractor’s or the State’s opinion is likely to arise, the Contractor must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing works or documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law.

Copyright.

The Contractor shall save and hold harmless the State of Minnesota, its officers, agents, servants and employees, from liability of any kind or nature, arising from the use of any copyrighted or noncopyrighted compositions, secret process, patented or non-patented invention, article or appliance furnished or used in the performance of the Contract.

Assignment of Antitrust Rights.

Upon the request of the State of Minnesota, Contractor will irrevocably assign to State any state or federal antitrust claim or cause of action that the Contractor now has or which may accrue to the Contractor in the future, in connection with any goods, services, or combination provided by Contractor under the terms of this Contract.

Contractor’s Documents.

Any licensing and maintenance agreement, or any order-specific agreement or document, including any pre-installation, linked or “click through” agreement that is allowed by, referenced within or incorporated within the Contract whenever the Contract is used for a State procurement, whether directly by the Contractor or through a Contractor’s agent, subcontractor or reseller, is agreed to only to the extent the terms within any such agreement or document do not conflict with the Contract or applicable Minnesota or Federal law, and only to the extent that the terms do not modify, diminish or derogate the terms of the Contract or create an additional financial obligation to the State. Any such agreement or document must not be construed to deprive the State of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. A State employee’s decision to choose “accept” or an equivalent option associated with a “click-through” agreement does not constitute the State’s concurrence or acceptance of terms, if such terms are in conflict with this section.

State Audits.

Under Minn. Stat. § 16C.05, subd. 5, the Contractor’s books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by the State, the State Auditor, or Legislative Auditor, as appropriate, for a minimum of six years from the expiration or termination of this Contract.

Publicity and Endorsement.

Publicity. Any publicity regarding the subject matter of this Contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, information posted on corporate or other websites, research, reports, signs, and similar public notices prepared by or for the Contractor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

Endorsement. The Contractor must not claim that the State endorses its products or services.

Debarment by State, its Departments, Commissions, Agencies, or Political Subdivisions.

Contractor certifies that neither it nor its principals is presently debarred or suspended by the Federal government, the State, or any of the State’s departments, commissions, agencies, or political subdivisions. Contractor’s certification is a material representation upon which the Contract award was based. Contractor shall provide immediate written notice to the State’s Authorized Representative if at any time it learns that this certification was erroneous when submitted or becomes erroneous by reason of changed circumstances.

Contingency Fees Prohibited.

Pursuant to Minn. Stat. § 10A.06, no person may act as or employ a lobbyist for compensation that is dependent upon the result or outcome of any legislation or administrative action.

Certification of Nondiscrimination (in accordance with Minn. Stat. § 16C.053).

If the value of this Contract, including all extensions, is $50,000 or more, Contractor certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.

Non-discrimination (in accordance with Minn. Stat. § 181.59).

The Contractor will comply with the provisions of Minn. Stat. § 181.59.

E-Verify Certification (in accordance with Minn. Stat. § 16C.075).

For services valued in excess of $50,000, Contractor certifies that as of the date of services performed on behalf of the State, Contractor and all its subcontractors will have implemented or be in the process of implementing the federal E- Verify Program for all newly hired employees in the United States who will perform work on behalf of the State.

Contractor is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form. All subcontractor certifications must be kept on file with Contractor and made available to the State upon request.

Hazardous Substances.

To the extent that the goods to be supplied to the State by the Contractor contain or may create hazardous substances, harmful physical agents, or infectious agents, as set forth in applicable State and federal laws and regulations, the Contractor must provide the State with Material Safety Data Sheets regarding those substances. A copy must be provided upon request. Goods and containers supplied to the State must be labeled in compliance with state and federal laws, rules, and regulations.

These terms apply to goods supplied under this contract:

Products Containing Triclosan Banned. The Contractor must comply with Minn. Stat. § 145.945.

Products Containing Certain Types of Polybrominated Diphenyl Ether Banned. The Contractor must comply with Minn. Stat. § 325E.385-325E.388).

Coal Tar Sealant Use and Sale Prohibited. The Contractor must comply with Minn. Stat. § 116.202.

Products Containing Mercury. The Contractor must comply with Minn. Stat. 116.92.

Products containing PFAS. The Contractor must comply with Amara's Law (Minn. Stat. § 116.943), which took effect in Minnesota January 1, 2025. The law applies all products sold or distributed under the contract and prohibits the sale or distribution of some products with intentionally added PFAS within Minnesota.

Survival of Terms.

The following clauses survive the expiration or cancellation of this Contract: Indemnification; State Audits; Government Data Practices; Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. Any other Contract term that expressly states or by its nature shall survive, shall survive.

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fosp.admin.mn.gov%2Fsites%2Fosp%2Ffiles%2Fpdf%2Feverifysubcertform.doc&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fosp.admin.mn.gov%2Fsites%2Fosp%2Ffiles%2Fpdf%2Feverifysubcertform.doc&wdOrigin=BROWSELINK https://www.revisor.mn.gov/statutes/cite/116.943#stat.116.943

Exhibit B: Insurance Requirements

Notice to Contractor.

The Contractor is required to submit Certificates of Insurance acceptable to the State as evidence of insurance coverage requirements prior to commencing work under this Contract.

The Contractor shall not commence work under the contract until they have obtained all the insurance described below and the State has approved such insurance. Contractor shall maintain such insurance in force and effect throughout the term of this Contract, unless otherwise specified in this Contract

The failure of the Contractor to provide a Certificate of Insurance, for the policies required under this Contract or renewals thereof, or failure of the insurance company to notify the State of the cancellation of policies required under this Contract shall not constitute a waiver by the State to the Contractor to provide such insurance.

The State reserves the right to immediately terminate this Contract if the Contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the Contractor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State’s Authorized Representative upon written request.

Notice to Insurer.

The Contractor’s insurance company(ies) waives its right to assert the immunity of the State as a defense to any claims made under said insurance.

Insurance certificate holder should be addressed as follows:

State of Minnesota – Department of Natural Resources 500 Lafayette Rd, St. Paul, MN 55155

Additional Insurance Conditions. The following apply to the Contractor, or the Contractor’s subcontractor:

Contractor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State with respect to any claim arising out of Contractor’s performance under this Contract.

If Contractor receives a cancellation notice from an insurance carrier affording coverage herein, Contractor agrees to notify the State within five (5) business days with a copy of the cancellation notice, unless Contractor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State;

Contractor is responsible for payment of Contract related insurance premiums and deductibles;

If Contractor is self-insured, a Certificate of Self-Insurance must be attached;

Contractor’s policy(ies) shall include legal defense fees in addition to its policy limits with the exception of professional liability.

Contractor’s insurance companies must either (1) have an AM Best rating of A- (minus) and a Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State of Minnesota and have a Certificate of Authority/Compliance from the Minnesota Department of Commerce if they are not rated by AM Best.

An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by the Contract.

Coverages. Contractor is required to maintain and furnish satisfactory evidence of the following insurance policies:

Commercial General Liability Insurance. Contractor is required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by the Contractor or by a subcontractor or by anyone directly or indirectly employed by the Contractor under the contract. Insurance minimum limits are as follows:

$1,500,000 – per occurrence $1,500,000 – annual aggregate $1,500,000 – annual aggregate – applying to Products/Completed Operations

The following coverages shall be included:

• Premises and Operations Bodily Injury and Property Damage

• Personal and Advertising Injury

• Blanket Contractual Liability

• Products and Completed Operations Liability

• State of Minnesota named as an Additional Insured, to the extent permitted by law

Commercial Automobile Liability Insurance. Contractor is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under this contract, and in case any work is subcontracted the contractor will require the subcontractor to maintain Commercial Automobile Liability insurance. Insurance minimum limits are as follows:

$1,500,000 – per occurrence Combined Single limit for Bodily Injury and Property Damage

In addition, the following coverages should be included: Owned, Hired, and Non-owned Automobile.

Evidence of Subcontractor insurance shall be filed with the Contractor.

Workers’ Compensation Insurance. Statutory Compensation Coverage. Except as provided below, Contractor must provide Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows:

$100,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $100,000 – Bodily Injury by Accident

If Minn. Stat. § 176.041 exempts Contractor from Workers’ Compensation insurance or if the Contractor has no employees in the State, Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota Workers’ Compensation requirements.

If during the course of the contract the Contractor becomes eligible for Workers’ Compensation, the Contractor must comply with the Workers’ Compensation Insurance requirements herein and provide the State with a certificate of insurance.

UMBRELLA OR EXCESS LIABILITY

An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limit to satisfy the full policy limits required by the Contract.

Officers and Employees of the State of Minnesota shall be named as Additional Insureds, to the extent permitted by law, for claims arising out of the Contractor’s negligence or the negligence of those for whom the Contractor is responsible for both ongoing and completed operations.

POLLUTION LIABILITY INSURANCE Pollution Liability Insurance coverage has been waived for this project

Exhibit C: Specifications, Duties, and Scope of Work

The location of the project is:

Arlington WMA Sibley County; Arlington Township Township 113 – Range 27W – Section 6

Access is available from the north off 220th Street and from the east via 425th Avenue. Vendor must exercise caution with vehicles and personnel on or near the roadway.

Project Timing.

Jobs #1 and #2 (Initial Cutting) must be substantially complete and ready for inspection by February 26, 2027.

Job #3 – Follow-up Foliar Treatment must be complete and ready for inspection by June 11, 2027.

The Final Completion Date for all work included in this project is June 18, 2027.

No work may take place during the regular firearms deer season (November 7 – November 15, 2026).

General instructions for this work are outlined below.

1. The purpose of this project is to 1)remove mature trees that serve as predator perches and seed sources for adjacent grassland areas and 2)control woody invasive species in established forest and woody cover habitats, including buckthorn, honeysuckle, mulberry, and Siberian elm.

2. Job #1 Description:

o The Primary Project Area is indicated in blue in the attached maps located in Exhibit E.

The bulk of the trees and shrubs designated for removal in this project are found in the northern half of the WMA.

o All of the trees along the west property line must be removed. Trees shall be directionally felled so that they land inside the WMA.

o The primary species targeted for removal include: green ash, cottonwood, black willow, aspen, red cedar, Siberian elm, box elder, honeysuckle, and mulberry. However, all woody material greater than 3 inches in diameter or 3 feet in height must be removed, with the following exceptions:

o 1) all oaks are excluded from cutting in all parts of the project;

o 2)native shrubs, including red osier dogwood, shrub willows, and plum are not targeted for removal, but may be cut as needed for access or efficiency. If cut, native shrubs shall not be treated with herbicide.

o A small “Woody Cover” planting is present in the south part of the Project Area. This is indicated in red in the attached maps located in Exhibit E. In the Woody Cover planning, contractor is responsible for cutting and treating woody invasive species only. The following species are targeted for removal: buckthorn, honeysuckle, Siberian elm, and mulberry. Cut material in this area must be removed from the cover planting, piled, and burned. No follow-up treatment is required in this area.

o Job #1 must be completed by February 26, 2027. Contractor may request a partial payment for this portion of the contract.

3. Job #2 – Description:

• An approximately 10-acre forested block is present in the north part of the Project Area.

This is outlined in green in attached maps located in Exhibit E, and is labeled as “Invasives Only.”

• In this forested area, contractor is responsible for hand cutting and treating woody invasive species only—native tree species must be left unharmed. Contractor may use chainsaws or brush saws for this portion of the project. Mowing woody invasives in this block is not permitted.

• Species targeted for control include the following: buckthorn, honeysuckle, mulberry, and Siberian elm.

• Woody material cut in the forested area may be dropped in place and limbed such that no steams or branches stick out above eye level; this material does not need to be piled and burned.

• Job #2 – Phase #1 must be completed by February 26, 2027. Contractor may request a partial payment for this portion of the contract.

4. Job #3 - Description:

o Contractor must perform follow-up foliar treatment of resprouts and regrowth in the forested “invasives only” area only, on approximately 10-acres. Contractor must provide GPS tracks (using Avenza or equivalent) from the employees conducting the follow-up foliar treatment. This work must occur in late spring 2027 once buckthorn has started to grow leaves.

o Job #3 must be completed and ready for inspection by June 11, 2027.

5. Additional Specifications:

o An approximately 100-foot buffer area along High Island Creek (south boundary of the

WMA) is excluded from the project.

o Trees and shrubs must be cut by hand with a chainsaw or brushsaw, or mechanically with a feller buncher or tree shear. No rotary (Diamond or equivalent) or drum (Fecon or equivalent) mowers may be used on any portion of the project area.

o All cut stumps shall be cut horizontally to the ground within 3 inches of the ground surface and left in a manner to prevent damage to vehicle tires or otherwise hinder the use of vehicles on the site. Mechanically cut stumps may need to be manually trimmed in order to leave a flat surface safe for future equipment use and suitable for effective herbicide treatment.

o All stumps must be treated with herbicide except eastern red cedar. Specific instructions can be found in Herbicide Use below.

o Trees shall be directionally felled onto state property and away from adjacent private lands and roadways.

o Cut material may be piled and burned on site, or removed and legally disposed of offsite.

All burning activity must conform to the requirements of the Pile Burning section (below).

o Extreme care must be given to avoid damage to underlying prairie grasses and forbs outside of the project area. All wheeled/track equipment may only be used on frozen ground or ground dry enough so vehicles and other equipment do not leave ruts. The Project Supervisor reserves the right to suspend work if rutting or severe substrate damage is occurring during work operations.

o No work may occur during the firearms (Nov. 7-15) deer season unless approved in writing by the Project Supervisor. Weekend work during the remainder of the fall hunting seasons shall be limited to the extent possible in order to avoid conflict with WMA users. All tree stands found as part of the project shall be given to the Project Supervisor.

State’s Responsibilities

1. Project Supervisor will provide the contractor with locations of trees and shrubs to be cut.

2. Project Supervisor will provide the contractor with detailed maps and meet on site as needed/required.

3. Project Supervisor will flag the project area boundaries as necessary.

4. Project Supervisor will show Contractor any DNR plantings, if present, that need to be avoided.

5. Project Supervisor will provide final inspection upon completion of the project.

Contractor’s Responsibilities

1. A written project schedule will be provided to the Project Supervisor within 10 days of Notice of Award.

The schedule will include the following:

a. Anticipated start date.

b. A date on which the project will be substantially complete and ready for inspection for compliance by the Project Supervisor. The date must be on or before the date listed above for substantial completion.

2. Contractor must immediately repair at own expense any damage to parking lots, access roads, trails or fields caused by contractor or any agents of the contractor.

3. Any equipment left on site must be secured and is the sole responsibility of the Contractor.

4. If the project is inactive for longer than two weeks of the growing season, the Contractor shall close, obstruct, or gate all access routes as directed by the Project Supervisor until the project resumes.

5. Contractor must contact Project Supervisor and adjacent landowners, as needed, for additional access permission and specific details regarding use.

6. Contractor is responsible for being aware of and meet all Federal, State, and local laws and ordinances as they relate to the type of work being conducted.

7. All necessary permits for open burning are the sole responsibility of the contractor.

Pile Burning

1. Contractor is responsible for controlling all elements of the burn piles to prevent spreading or escaping to vegetation on the site and on adjacent private land.

2. Pile size should not exceed 25 feet in length or width. To minimize the number and size of the burn piles, it is strongly preferred that burning take place as work progresses, with the fire continuously fed with new material.

3. Full consumption of all materials in the piles is expected. Once extinguished and cold, all ash from the burn piles shall be distributed in a thin layer throughout the burn footprint to prepare the area for re-seeding.

4. Piles shall not contain substantial amounts of soil, rock, or other non-flammable materials.

5. All piles shall be located and formed away from property lines, public roads, standing oak trees, and cattails/reeds, with a minimum buffer of 100 feet surrounding the pile in all directions.

6. Contractor shall consult with the Project Supervisor regarding pile locations. Piles shall be placed on non-native vegetation, such as patches of smooth brome and reed canary grass, whenever possible.

7. Active burn piles shall be directly supervised at all times and not abandoned until fully extinguished.

Extreme caution shall be exercised around burn piles near heavy fuels (ie cattails).

8. Contractor shall monitor smoke over roads and place warning signs or control persons as warranted by wind and dispersion conditions. Smoke control is critically important for this project, where smoke from piles has the potential to drift across busy public roads.

9. Contractor is responsible for following all laws pertaining to open burning. A burn permit is required unless there is a continuous unbroken cover of snow 3 inches deep or more surrounding the immediate area of the pile, sufficient to keep the fire from spreading.

Herbicide Use

1. Garlon 4 or an equivalent Triclopyr-based, oil-soluble product is the acceptable herbicide for cut stump and foliar treatment.

2. Only personnel that are licensed commercial pesticide applicators in the State of Minnesota will work with or apply chemicals. All bidders must submit a copy of their current Minnesota Pesticide Applicator License at the time of bid.

3. Herbicide applications will follow the appropriate herbicide label directions.

4. Cut stumps must be treated within 2 hours of cutting.

5. All foliar application conducted as part of Phase Two of the project must be done with a backpack sprayer or wand configured for individual stem treatment. No broadcast application of herbicide is allowed. For best control, use a spray volume that will provide thorough plant coverage while avoiding hazardous drift to adjacent non target species.

6. All herbicide treatments must contain a marker dye sufficient to show extent of stumps, stems, and leaves treated.

7. Acceptance of the herbicide application work will require that a minimum of 95% of the stems that needed treatment were properly treated. If the Contractor and Project Supervisor do not agree on compliance, a maximum of one 1/100th acre plot per acre will be randomly selected and sampled to ensure compliance.

8. The contractor is responsible for proper storage, transportation and application of herbicide. Herbicide spill cleanup and disposal of empty herbicide containers is the contractor's responsibility.

9. Contractor must have Material Data Safety sheets at work site for all products that contain or may create hazardous substances.

10. A completed pesticide application report (Exhibit F) including product sprayed and spray amounts must be sent to the Project Supervisor. Timely receipt of this documentation is a condition of payment.

Measurement & Payment

Unless amended by written supplemental agreement, the bid amount shall be full compensation for a complete project as described in the specifications. No extras will be allowed due to the Contractor's lack of knowledge and understanding of existing conditions.

Payment will be made on the basis of project completion according to specifications and acceptance by the Project Supervisor in accordance with terms of the contract.

If mutually agreed upon by both the Project Supervisor and the Contractor, partial payments may be issued as work progresses. Final payment will be issued upon full completion and acceptance of the project. Combined partial payments will not exceed 80% of total bid price.

Quantities shown in specifications are based on field calculations and are not certified to be complete or accurate, but to give the general scope of the project. The Contractor is encouraged to visit the site and verify the amount of work involved in the contract.

Work done contrary to instructions of the Project Supervisor and any work done beyond that which is specified or ordered, will be considered as Unauthorized Work and will not be paid for under the provisions of the Contract. Unauthorized work shall be removed by the Contractor at their expense upon receipt of a written order from the Project Supervisor.

The State can only pay for service after the service has been received.

Pollinator Best Management Practices

Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minnesota Statutes, section 84.973, found at https://www.revisor.mn.gov/statutes/?id=84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here:

http://files.dnr.state.mn.us/natural_resources/npc/bmp_contract_language.pdf.

Invasives Species Prevention

1. The Minnesota DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during contracted work. The Contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site.

2. If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by Contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The Contractor shall dispose of material cleaned from equipment and clothing at a location determined by the DNR Contract Administrator. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite.

The DNR shall be responsible for identifying the location of any known infestations of terrestrial pests and sharing the information with the Contractor. The Contractors shall be responsible for communicating any precautions needed to his staff and sub-Contractors. Parking and staging areas, and travel routes shall not be within known infestations. The Contractor shall clean equipment and clothing and dispose of material as noted above, prior to leaving the project limits.

Where there are multiple sites and at least one contains invasive species, the intent is to start work at the site with the fewest number of invasive plants, leaving the most heavily infested sites to last. The Contractor shall make every effort to schedule operations and site visits to avoid the spread of weed seed. When planning to travel between multiple sites in one day, the Contractor shall submit the last site visited and the schedule to the DNR Contract Administrator for review and either acceptance or rejection.

https://www.revisor.mn.gov/statutes/?id=84.973 http://files.dnr.state.mn.us/natural_resources/npc/bmp_contract_language.pdf

If the project is inactive for longer than one month of the growing season, the Contractor shall close, obstruct or gate all access routes, when directed by Project Manager, until the project resumes.

If the DNR Contract Administrator, Contractor or subcontractor discovers additional invasive species infestation areas during the project, the Contractor is to report the newly discovered infested areas to the DNR Contract Administrator.

Upon completion of the project, close,…