W912ES-17-T-0115_-_Amendment_1_-_Vegetation_Control_and_Planting_Services_on_Gores_Wildlife_Management_Area.pdf

W81G6772127583

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Gores WMA - Vegetation Control and Planting Services

The purpose of this solicitation amendment is to:

1. Extend the closing date to 11:30 AM CT, Friday, September 1, 2017;

2. Change the performance period start date for CLINs 0001 and 0002 from September 13, 2017 to October 1, 2017;

3. Change the on-site performance period for CLIN 0001 from September 15, 2017 to October 1, 2017.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 25-Aug-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912ES17T0115

X 9B. DATED (SEE ITEM 11)

15-Aug-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

25-Aug-2017

CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES17T0115

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 25-Aug-2017 11:30 AM to 01-Sep-2017 11:30 AM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

Broadcast with a broad-spectrum herbicide for reed canarygrass - Gores Wildlife Management Area (GWMA) near Hastings, MN according to the Statement of Work (SOW). On-site performance period: September 15, 2017 - November 15, 2017.

To:

Broadcast with a broad-spectrum herbicide for reed canarygrass - Gores Wildlife Management Area (GWMA) near Hastings, MN according to the Statement of Work (SOW). On-site performance period: October 1, 2017 - November 15, 2017.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 13-SEP-2017 TO

12-SEP-2018

N/A N/A

FOB: Destination

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-OCT-2017 TO

12-SEP-2018

The following Delivery Schedule item for CLIN 0002 has been changed from:

CAGE

POP 13-SEP-2017 TO

12-SEP-2018

CAGE

POP 01-OCT-2017 TO

12-SEP-2018

The following have been modified:

STATEMENT OF WORK (SOW)

STATEMENT OF WORK

Establish and Maintain Forest Regeneration

Gores Wildlife Management Area near Hastings, MN

1 BACKGROUND

This statement of work describes a vegetation control and tree planting project targeting primarily reed canarygrass (Phalaris arundinacea) on treatment areas totaling approximately 11 acres on US Army Corps of Engineers (COE) owned land approximately 8 river miles south of Hastings, MN. The land is co-managed with the Minnesota DNR and is included as part of the Gores Wildlife Management Area. Services to be rendered include chemical control of established reed canarygrass and other established broadleaf weed competition with multiple follow-up treatments and tree planting.

The work to be performed under this contract consists of furnishing all plant, materials, equipment, supplies, labor, supervision, and transportation and performing all work as required by the CLIN SCHEDULE of the contract in strict accordance with this Statement of Work and attachments, all of which are made part hereof. All work materials and services not expressly called for in the scope of work or shown on the attachments but which are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no increase in cost to the Government. It is expected that the contractor will utilize their knowledge, skills, and abilities to plan work around weather forecasts and moisture conditions.

Contract Period. The contract term is for one (1) base year and two (2) one-year options to be exercised at the Government’s discretion.

1.1 SITE DESCRIPTION

1.1.1 Project Area and Access

The Gores Wildlife Management Area (Gores WMA) project area is located in Goodhue County, MN, between Mississippi River miles 805 and 806. It encompasses parts of E 1/2 NE 1/4 and NE

1/4 SE 1/4, Sec. 10 T114N R16, W, Goodhue County, MN, with approximate coordinates of the center of the project area located at 92°42'53.863"W 44°41'43.365"N (Attachment 1).

Vicinity and site specific maps are attached. Access for the current project to the site is by boat only from the main Mississippi River channel out of Diamond Bluff or from North Lake on the Minnesota side, though the North Lake access is shallow and may not be reliable.

1.1.2 Vegetation

This project area is dominated by large, over mature silver maple (Acer saccharinum) and cottonwood (Populus deltoides). Elevation is highest along the main channel to the east, and canopy cover is also the densest in this area. Generally, elevations slowly decrease to the west, transitioning into marsh east of the project area. Two main secondary channels bisect the project area and elevations along these channels are slightly higher than the surrounding area. Hackberry and American elm are prevalent in some areas in the center of the project. A timber harvest in 2013 created multiple group openings and patch cuts as well as an approximately 10 acre clearcut. Regeneration in these areas is spotty, though it appears to be establishing 4 years after harvest in most areas. Many of the areas harvested in 2013 were already declining and reed canarygrass was established in the understory. Where herbicide applications were not implemented in 2013-2016, reed canarygrass continues to dominate. Much of the area was planted in 2013 with bareroot swamp white oak (Quercus bicolor), hackberry (Celtis occidentalis), Dutch elm disease resistant American elm (Ulmus americana) and black walnut (Juglans nigra).

As many as 4 bald eagle (Haliaeetus leucocephalus) nests have been observed in the area (Attachment 1, Treatment Areas). If any of these nests are active during the on-site performance period of this contract, no activity may occur within 330 feet of the nest and no mechanical equipment may be used within 660 feet of the nest between February 1 and July 31 of a given year. The determination of whether a nest is active will be made by COE staff and, if nest activity is confirmed, COE staff will monitor the activity to determine when normal treatments may resume.

1.2 PRESCRIPTIONS

All work described in this SOW will be implemented in those areas shown in Attachment 1. No previous applications were completed in these areas.

Specific prescriptions are summarized in the prescription table below, and described in detail following the table.

CLIN Begin Date End Date Units Treatment

0001 Oct 1, 2017 Nov 15, 2017 11 acres Broadcast with a broad-spectrum herbicide for reed canarygrass

0002 May 1, 2018 Jun 30, 2018 11 acres Broadcast with a broad-spectrum herbicide for reed canarygrass

1001 Oct 1, 2018 Nov 15, 2018 11 acres Spot application of broad-spectrum herbicide to control any remaining pockets of reed canarygrass 1002 Oct 15, 2018 May 31, 2019 430 stems Acquisition of willow cuttings

1003 Oct 15, 2018 May 31, 2019 430 stems Planting of willow cuttings

1004 Oct 15, 2018 May 31, 2019 3,008 stems Bareroot seedling acquisition

1005 Oct 15, 2018 May 31, 2019 3,008 stems Bareroot tree planting

1006 Mar 1, 2019 Jun 30, 2019 58.5 lbs Direct seeding seed acquisition cost, all seed

1007 Mar 1, 2019 Jun 30, 2019 9 acres Direct seeding

1008 May 1, 2019 May 31, 2019 11 acres Plantskydd deer repellant application

1009 May 1, 2019 Jun 30, 2019 2 acres Spot applications of broad spectrum and/or broadleaf specific herbicides around planted trees 2001 May 1, 2020 May 31, 2020 11 acres Plantskydd deer repellant application

2002 May 1, 2020 Jun 30, 2020 2 acres Spot applications of broad spectrum and/or broadleaf specific herbicides around planted trees

1.2.1 Broadcast and spot-spray with a broad-spectrum herbicide for reed canarygrass (CLINs 0001, 0002, 1001)

In the fall of 2017, broadcast spray all treatment areas with a broad-spectrum herbicide labeled for use in aquatic areas. The target species for control is reed canarygrass, though stinging nettle (Urtica dioica) is also common throughout the area and should be controlled. A handful of regeneration study plots are present in the area, denoted by white PVC poles, and these should be avoided to prevent mortality of any tree seedlings present in those locations. As early as water levels allow in 2018 following green up of reed canarygrass, a follow-up application of broad-spectrum herbicide should be applied to the site. This treatment shall occur no later than June 15 to allow for the potential establishment of natural cottonwood and silver maple seedlings, though a later application will be permitted if high water levels prevent application in early spring.

In early- to mid-fall of 2018, implement a final spot application of broad-spectrum herbicide to control any remaining pockets of reed canarygrass.

1.2.2 Willow cutting acquisition and planting (CLINs 1002, 1003) In area PC, approximately 109 sandbar willow (Salix interior) and black willow (Salix nigra) cuttings per acre (roughly 20 foot by 20 foot spacing) should be planted either in late fall of 2018 or in spring of 2019. Cuttings should be 6-8 feet tall with a basal diameter of 1-2 inches.

Cuttings should only be collected when stems are dormant and, if possible, be planted within a day of cutting. If cuttings must be stored, they should be stored at temperatures less than 40 degrees Fahrenheit and in a medium that maintains moisture in the stems. When planted 1/3 to 1/2 of the cutting should be placed in the ground (2-4 feet).

1.2.3 Tree seedling acquisition and planting (CLINs 1004, 1005) Bareroot tree seedlings should be planted at a 6 foot by 6 foot spacing in 20 ft. by 20 ft. (approx.

1/108 acre) square applied nucleation cells throughout the clearcut area (CC1-5, 9.7 acres) but not within the patch cut area (PC). Sixteen seedlings will be planted per cell, with seedlings in each corner approximately 1 foot in each direction from the corner of the cell. Cell centers should be separated by approximately 47 feet while edges of cells should be separated by approximately 27 feet. This results in a total of 188 planting cells and 3,008 tree seedlings, or approximately 310 seedlings per acre for the entire planting area (see Attachment 2 for a diagram). Of these, a minimum of 40% (approximately 1,203 seedlings) must be greater than two feet tall. Of the remaining 60%, no seedlings shall be less than 1 foot tall. Species to be planted are: silver maple (30% of seedlings), swamp white oak (Quercus bicolor, 40% of seedlings), Kentucky coffeetree (Gymnocladus dioicus, 5% of seedlings), river birch (Betula nigra, 5% of seedlings), hackberry (Celtis occidentalis, 10% of seedlings) and cottonwood (10% of seedlings).

If not enough seedlings of the appropriate height are available for a given species, the percentage for another species may be increased to make up the difference. Silver maple seedlings should be concentrated in the lowest elevation areas on the site (see prescription map), while swamp white oak should be scattered somewhat evenly throughout the planting area. Kentucky coffeetree, river birch, hackberry and cottonwood should be planted in the higher elevation areas, with Kentucky coffeetree and hackberry planted almost exclusively on the highest elevation ridges on the site. Seedlings planted at the lowest elevations should be the tallest seedlings available.

1.2.4 Acquisition and planting of seed for direct seeding (CLINs 1006, 1007) In all areas outside of the planting cells in 1.2.3, a direct seeding of silver maple, bitternut hickory (Carya cordiformis), hackberry and basswood (Tilia americana) will be implemented.

Seeding should be timed based on the seed fall of silver maple, between June 1 and June 30.

Silver maple seed should be scattered evenly at a rate of 1 lb/acre. Basswood (0.5 lbs/acre), hackberry (1 lb/acre) and bitternut hickory (4 lbs/acre) should be seeded only in the clearcut areas (CC1-5). Maple seed should be freshly collected and should not have been stored; all seed should be soaked in water prior to planting. Hickory, basswood and hackberry seed shall have been stored and stratified according to procedures in the US Forest Service Woody Plant Seed Manual (https://www.fs.usda.gov/nsl/nsl_wpsm.html). All seed must originate within USDA plant hardiness zone 4a, 4b or

(http://planthardiness.ars.usda.gov/PHZMWeb/Default.aspx) and documentation must be provided prior to planting of the seed origin. This treatment is somewhat experimental so no tillage will be implemented prior to planting. However, all seed should be pressed into the soil, either by hand or ATV-mounted equipment.

1.2.5 Deer repellant application (CLINs 1008, 2001)

Prior to May 31 of 2019 and 2020, Plantskydd deer repellant should be applied across the entire area at a rate of 2.2 lbs per 5 gallons of spray. All tree seedlings, whether planted or natural and less than 4.5 feet tall should be sprayed until leaves are dripping.

1.2.6 Post-planting spot herbicide application (CLIN 1009, 2002) Prior to June 30 of 2019 and 2020, spot applications of broad spectrum and/or broadleaf specific herbicides should be applied at each planted tree within the planting cells that can be located.

Application should cover the area of a circle around the tree with a radius of 1 foot. No pre-emergent herbicide will be used.

2. MEASUREMENT AND PAYMENT

Payment for this work will be based on the items described in the table found in section 1.2.

Acreage provided by the Government in this solicitation are Government estimates only, based on GIS area calculations. Payment on this contract will be based on the Contract Line Items (CLINs). The Contractor may submit invoice(s) for payment when each work item has been completed. Following the completion of each CLIN, the Contractor may submit an invoice for payment with the exception of CLINs 1002 and 1004. The willow cuttings and tree seedling purchases must be submitted with the respective planting invoice once planting is completed for each treatment. A copy of the nursery receipt must be submitted for any purchased plant material.

2.1 Invoices

The contractor must submit invoices to the Government POC to initiate payments.

Al l invoices shall be sent via e-mail or mail to the Government POC. Invoices with errors or that are not acceptable per FAR Clause 52.212-4 will be returned and a new invoice with a new date must be submitted for payment. Failure to do so may cause a delay in payment to the contractor.

3. POST-AWARD MEETING

An on-site post-award meeting must be scheduled within 10 business days after contract award.

The actual date of this meeting may be outside of the 10 day window following contract award.

Government inspection procedures will be reviewed at that time. The Contractor will be notified by the Government POC of the meeting time.

4. GOVERNMENT POINT OF CONTACT

Government Point of Contact information will be given to awardee.

A Contracting Officer’s Representative (COR) will be appointed within 30 days of contract award.

5. HERBICIDE

5.1 Herbicide Plan

The Contractor shall submit a general written plan that addresses their recommended herbicides, application rates, timing, and spray methods proposed to achieve the contract goal of vegetation control at the management area, target pest and reason for choice 5 business days prior to start of work. Only herbicide formulations in the Government list (Attachment 3) shall be used; if the contractor wishes to use an alternative herbicide, a request must be made to the Government POC no less than twenty (20) business days prior to anticipated application. The request will require submission for environmental review and the contractor should not assume that approval will be granted. If appropriate, surfactants shall be added per label instructions to appropriate herbicide mixtures. All carriers and adjuvants must be non-toxic.

The herbicide plan shall detail the carriers, adjuvants and surfactants to be used. Also include application rates, where mixing will occur, and plans for environmental protection if mixing is to occur on government property. EPA product labels and material safety data sheets (MSDSs) for all proposed products (website links are acceptable) shall be submitted with the herbicide plan. A template herbicide plan will be provided to the awardee prior to the on-site visit. The Government POC must receive submission of this plan a minimum of five (5) business days in advance of the desired application date. The request will be reviewed, considering as a minimum, for relative effectiveness and toxicity. The contractor shall also submit a tentative application schedule to the contracting officer a minimum of five (5) business days prior to initiating any work on this contract.

All treatments must be conducted during a period when target species are susceptible to the herbicide being used. All herbicides used shall be labeled for application in aquatic areas. No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or wind directions are likely to result in drift to surface water or non-project lands. To protect groundwater resources, herbicide applications will not be allowed prior to precipitation that could facilitate rapid leaching of herbicide to the water table. At a minimum, herbicide(s) cannot be applied when the forecast indicates a high probability of significant precipitation during the next 24 hours. The Contracting Officer shall have the right to make these determinations and terminate any planned herbicide applications based on available weather forecasts and current conditions. Additionally, excessively dry conditions that can negatively affect herbicide performance should also be avoided. The Contractor is to notify the Government POC of any planned herbicide applications and receive prior approval before completing the planned application.

Herbicides shall be applied to the project areas in accordance with the weed control goals stated above. The Contractor shall take particular care to not exceed per acre limits according to the product label for basal bark applications.

5.2 Licensing

The Contractor, all of their employees, any subcontractors or other individuals performing herbicide work under this contract shall possess a valid state commercial herbicide applicator's license with certification for Forestry Pest Control (Category 2) for the state of Minnesota (or have completed requirements necessary for license reciprocity in Minnesota) and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. Contractors shall submit with their quote a list of anticipated pesticide applicators in their employ and a copy of the applicable credentials for each individual. Additional individuals may be added to this list after contract award upon receipt of their applicator’s credential. A least one individual must be in the employ of the Contractor upon submission of quote with the proper credentials; a quote that does not include documentation of a licensed applicator will not be considered a complete quote.

Department of Labor as well as state regulations regarding employment of youth shall be observed.

5.3 EPA Registration Label

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

5.4 Post-Application Documentation

The Contractor shall submit completed copies of the ‘Post-Application Documentation Form’ for each day’s herbicide work and for each herbicide used. A sample form is provided in Attachment 4 and may be reproduced. The Contractor may use his or her own form if it contains all information included on the Corps form. Scanned or digital copies of this form may be submitted electronically or hard copies may be mailed to the address of the government POC within five business 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 Government POC.

5.5 Herbicide Warranty

The Contractor shall exercise his/her professional judgment as to the application rate, time and extent of application of the herbicides.

The Government will spot check 5% of the treatment areas for Quality Assurance (QA). The Contractor warrants that: should the desired results not be achieved, the Contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs. The determination as to the acceptable performance of the Contractor and the need to reapply the herbicides will rest solely with the Contracting Officer or COR. If performance is determined to be unacceptable, the Government may require re-treatment of an area. If the Government determines that re-treatment will be required, written notice will be provided to the contractor by email. Treatments will be considered effective if 90% of stems in treatment area show evidence of the treatment prescribed in section 1.2 shown above.

5.6 Site Restoration

The Contractor shall be responsible for restoring any area that does not satisfy the warranty requirements at no additional cost to the Government. Areas will be retreated within the time specified by the Contracting Officer’s or Government POC’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. Reseeding of non-target native vegetation damaged in this way may be necessary and will be at the Contractor’s expense. Excess and waste material shall be removed and properly disposed of off-site. Areas that have been damaged by spraying operations shall be restored to original condition at the Contractor’s expense.

5.7 Material Safety Data Sheets (MSDS)

The Contractor shall make MSDSs for all herbicides, adjuvants and other products used at the site readily available to all affected contract employees.

6. ENVIRONMENTAL PROTECTION

Should a spill of petroleum, pesticide, or other contaminant occur, the Contractor's immediate response shall be to proceed with measures to limit the further spread of contamination.

Immediately following this initial response, the Contractor shall notify the local Fire Department, Contracting Officer, and appropriate local, state, and federal officials. This may include the National Response Center (1-800-424-8802) if a reportable quantity is released to the environment. The Minnesota Duty Officer should also be contacted and can be reached at 1-800- 422-0798. There is someone on duty at this number 24 hours a day.

Subsequent to these actions, the Contractor shall take actions to clean up the spill as recommended by the Contracting Officer and at no cost to the government. Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s).

7. SAFETY

Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in the Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1) and OSHA Safety Standards to ensure the safe working conditions for his employees and government workers. Instructions for accessing the manual are available online at:

http://www.usace.army.mil/Safety-and-Occupational-Health/ The entire Safety Manual is available for downloading or viewing on the Internet at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf The Contracting Officer may require the completion of a detailed safety plan, as outlined in EM 385-1-1.

8. INSPECTIONS AND ACCEPTANCE

Work will be inspected periodically for conformance with these specifications for timeliness, safety and results achieved.

In accordance with the inspection of services provisions of the contract, clause 52.212-4(a) Inspection/Acceptance, the Contractor shall provide services in a timely manner. The Government may require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.

When unacceptable performance occurs, the Contracting Officer will inform the Contractor.

This will normally be in writing unless circumstances necessitate verbal communication.

When the Contracting Officer determines formal written communication is required, a Contract Discrepancy Report (CDR) will be given to the contractor.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Contracting Officer.

The response statement shall identify causes for failure to perform, and identify ways to prevent future occurrences of the same performance failures. The Contracting Officer will assess the need for further action, based on past performance and written plan for future incident prevention.

Failure to perform required services in a timely manner may result in payment reduction. Any CDRs may become a part of the supporting documentation for contract payment deductions or other actions deemed necessary by the Contracting Officer.

9. LIABILITY OF AND DAMAGES TO THE GOVERNMENT

9.1 Insurance

The contractor will carry liability insurance that will cover the application of herbicides as defined in this specification. This coverage will include as a minimum drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $1,000,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the contracting officer within 10 business days after award of the contract. The insurance must provide coverage for the entire contract period. The insurance policy shall state that it cannot be cancelled without 30 days written notice to the Contracting Officer. Failure to secure and maintain insurance may be grounds for termination during the performance period of this contract.

9.2 Government Liability

The Government assumes no liability from the Contractor's performance of the contract work.

The Contractor shall hold and save the Government harmless from any and all liability to others arising from the performance of the contract.

9.3 Responsibility for Damages

The Contractor is responsible for all damages to persons and property resulting from performance of the contract work.

10. SUBMITTALS

10.1 To be submitted with the quote

1. Pricing schedule

2. Certified applicator list, with copies of certification credentials

10.2 To be submitted following award

1. Contractor work schedule

2. Certificate of Liability Insurance

3. Herbicide plan with herbicide application schedule and list of herbicides

4. Copy of Nursery invoice listing seedlings purchase

5. Post-application herbicide reports

11. ATTACHMENTS

Attachment 1 - Vicinity and Treatment Maps Attachment 2 - Tree Planting Diagram Attachment 3 - COE Approved Herbicide List Attachment 4 - Post-Application Documentation Form

(End of Summary of Changes)