A22 W912ES21Q0087 0001 Conway HREP Tree Planting.pdf

W81G6711824848

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

The purpose of this amendment is to incorporate changes to the Scope of Work.

All other solicitation terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

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

16C. DATE SIGNED

BY 29-Jul-2021

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 W912ES21Q0087

X 9B. DATED (SEE ITEM 11)

28-Jul-2021

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 is extended, X 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 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

29-Jul-2021

CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 FIFTH STREET EAST

SUITE 700

SAINT 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:

W912ES21Q0087

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

AMENDMENT 0001

Paragraph 5 Herbicide; sub-paragraph 5.1 Licensing which currently reads:

5.1 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 in the appropriate categories for Iowa, (or have completed requirements necessary for license reciprocity in Iowa) 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.

At 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.

Is hereby changed to read (change highlighted):

5.1 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 for the state of Iowa with certification in the appropriate categories for Iowa, Category 2, Forest Pest Control (or have completed requirements necessary for license reciprocity in Iowa) 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. At 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.

Formatting issues appeared in the posted Scope of Work. The cleaned up version (which includes the above changes to paragraph 5.1 is as follows:

The following have been modified:

SCOPE OF WORK

Tree Planting and Competing Vegetation Control at Conway Lake Habitat Rehabilitation and

Enhancement Project near Lansing, IA

1 BACKGROUND

This scope of work describes the requirements for tree planting and chemical control of competing vegetation on newly built islands and within existing forest areas that are part of the Conway Lake Habitat Rehabilitation and Enhancement Project (HREP)1 located just north of Lansing, Iowa. Islands in this project were created using granular and fine material dredged from adjacent waterways; one island (FP25) was completed in 2020 and the remaining islands were completed in 2021. Areas of existing forest with underplanting treatments are relatively low flood inundation areas with a component of ash in the overstory. The objective of all plantings is to establish a young cohort of a diverse group of floodplain and lowland forest tree species to ensure long-term viability of forest habitat within the project area.

The entire project area is located on Federal land primarily under US Fish and Wildlife Service (USFWS) ownership, though a small portion of the acreage occurs on US Army Corps of Engineers (USACE) ownership. Regardless of owner, all federal land within the project area is incorporated into the Upper Mississippi River National Wildlife and Fish Refuge, McGregor District, and activities associated with this scope of work must adhere to all applicable policies and procedures on these lands.

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 Contract Line Items Schedule (CLIN) of the contract, in strict accordance with this Statement of Work (SOW) 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 Conway Lake HREP is located in Allamakee County, IA, approximately 1 mile north of Lansing, IA and directly adjacent to State Highway 26. The approximate coordinates of the center of the project area is located at 43°22'53.6"N 91°13'56.6"W. Tree planting and vegetation

1 https://www.mvp.usace.army.mil/Home/Projects/Article/1148884/upper-mississippi-river-restoration-program-conway-lake-lansing-iowa/ control treatment areas will occur on four newly constructed islands (FP16, FP21, FP29 and FP25, see Attachment 1 for a map and the table in the Tree Planting Prescriptions for acreage of the areas), “mudwave” areas around the perimeter of those islands, and two areas of underplanting in existing forest. Treatments cover a total of approximately 39.8 acres within the larger project footprint. The “mudwaves” are areas of fine sediment outside of the original planned island footprint that were deposited as overflows during the island building process.

These sediments will be dry and firm at the time of planting and subsequent vegetation control.

Vicinity and site-specific maps are attached (Attachment 1). Access to most of the site is by boat only from the main Mississippi River channel and side channels, though underplanting areas are adjacent to dry land. The Contractor shall provide their own boat(s) to complete work and it is the Contractor’s responsibility to determine appropriate access to the site to complete the requirements of this SOW. The boat(s) must be licensed to operate in the State of Iowa. Water depths in the project area are shallow in some places, with depths less than three feet, but the main access channel to the west of FP5 and east of FP21 and FP16 has been dredged to allow access for this project; all boat access for the current contract should utilize this main access channel. The Big Slough Landing on the eastern side of the Lansing Blackhawk Bridge off of Highway 82 provides the best access to the site. An additional ramp on the Iowa side includes Village Creek Landing south of Lansing off of the Lansing Harpers Rd.

Underplanting areas are between the railroad tracks and river channels and may be difficult to access from the water.

1.1.2 Vegetation

Islands FP16, FP21, and FP25n were seeded with a native perennial forb mix, winter wheat and annual rye in early summer of 2021. FP29 will be seeded with a temporary cover crop in summer 2021 with no perennial seed mix. The outer perimeter of the islands were planted with sandbar willow (Salix exigua) cuttings and there may be volunteer cottonwood and silver maple seedlings within the planted areas. One thousand bareroot tree seedlings were planted by the Government on FP25s in spring of 2021. No seeding has occurred within the mudwave areas, though scattered native vegetation is expected to be present at the time of tree planting.

The underplanting areas consist of native floodplain forest vegetation, with a main canopy dominated by a mix of silver maple, cottonwood and green ash and an understory primarily dominated by herbaceous floodplain vegetation.

1.1.3 Eagle Nest Restrictions

Eagle Nesting Work Restrictions: There are two active eagle nests in the project area identified in the spring of 2021. The nests are located near FP29 and just northwest of FP25 as shown on in Attachment 1. In spring of 2022 and future years, the USFWS will conduct eagle nest surveys for the project area. If the nests at these locations are determined to be active or if additional active nests are identified within the project area, the Contractor's activities shall comply with the avoidance measures of the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c), as follows:

a) Maintain a buffer of at least 660 feet (200 meters) between project spraying and planting activities and any active nest.

b) Restrict all project spraying and planting activities within 660 feet of any identified active eagle nest to outside the nesting season (i.e. outside the nesting season is from August through mid-January in the Midwest, however the Refuge has established an earlier fledging date of around June 15). The USFWS will determine when nesting activity has ended (i.e., eaglets have fledged) and will notify the Contracting Officer’s Representative (COR) that the Contractor may immediately proceed with spraying and planting activities within the buffer zone.

c) The access channel to the west of FP25 is an established public use area and travel corridor, and will be used as a project access channel. There is one active eagle nest this channel and just north of FP25. Boat movement and employee site access is allowed through this area and through the active eagle nesting buffer area. The Contractor shall minimize the amount of intrusions, noise, and other disturbance within this buffer area.

Staging and stopping boats are not allowed within the active buffer area.

d) If new or previously unknown nests are identified, the Contractor will cease work within these distance limits and contact the COR who in turn will coordinate with the USFWS contacts.

e) The USFWS will notify the COR prior to the beginning of each spring construction season if there are any active eagle nests in the project area.

f) The Contractor shall clearly mark the limits of all eagle nesting buffer areas that overlay the project features such as spraying and planting activities.

g) The Contractor shall provide a plan to comply with these restrictions.

1.2 PRESCRIPTIONS

1.2.1 Prescriptions

1.2.1.1 Seedling acquisition (CLINs 0001-0009)

Seedlings shall be supplied by the Contractor according to the size, seed zone and quantity specifications listed in Tables 1 and 2 below. Seedlings may be sourced from any nursery able to provide seedlings meeting the specifications and seed zone requirements in Table 1. Seed source may be from either the optimal or acceptable zones in the table and the Contractor must provide written confirmation that the seed source is from the acceptable zones. All seedlings shall be of native stock and no cultivars shall be planted.

Seedling invoice

Proof of purchase of tree seedlings must be provided to the Government within 15 business days of contract award for Fall 2021 planting areas and at least 30 business days prior to the beginning of the contracted on-site performance period for the 2022 planting areas. This proof of purchase will generally be a nursery invoice. Because the Government must accept the seedlings, payment for seedling purchases will not be made until the seedlings have been planted and Contractor invoicing for the seedling cost should occur at the same time as invoicing for tree planting (see Section 2, Measurement and Payment, for more specific details). In the case of site limitations outside of the control of the Contractor that prohibit planting after the trees have been purchased, the Government will be responsible for the cost of the seedlings and may require the Contractor to coordinate delivery of seedlings to the Government.

Additional seedling size requirements

Large, vigorous seedlings are critical for planting success in the floodplain. Thus, a minimum of 60% of the planted seedlings shall be greater than 24 inches tall. A minimum of 50% of seedlings shall have a root collar diameter of 0.375 inches or larger. Because large seedlings of some species are difficult to procure, this additional size requirement will be applied across all planted seedlings rather than for individual species.

Allowed variance in seedling quantities

A +/- 10% variance is allowed for the total number of seedlings from any species without requiring authorization from the Government, though the total for all species combined shall be no less than 14,900. In the event that species are not available, the Contractor may substitute for the number of stems of up to 2 species by increasing the total number of stems of another species on the list with written authorization from the Government. Substitutions of more than two species, or the addition of species not currently on the list, may be acceptable but the Contractor will be required to provide significant justification.

Table 1. Tree seedling minimum height (Ht), root collar diameter (RCD) and seed zone source requirements for each species to be planted

Tree Species Min Ht (inches)

Min RCD (inches)

Optimal seed zone1

Acceptable seed zone silver maple (Acer saccharinum) 18 0.25 22 23 river birch (Betula nigra) 18 0.25 22 23 bitternut hickory (Carya cordiformis) 12 0.3 22 7, 8, 9, 23, 24 shellbark hickory (Carya laciniosa) 12 0.3 52 24 hackberry (Celtis occidentalis) 18 0.25 22 23, 24 black walnut (Juglans nigra) 12 0.3 22 23, 24 sycamore (Platanus occidentalis) 18 0.25 23 22, 24, 52 white oak (Quercus alba) 18 0.25 22 23, 24 swamp white oak (Quercus bicolor) 18 0.3 22 23, 24 bur oak (Quercus macrocarpa) 12 0.3 22 23,24 pin oak (Quercus palustris) 18 0.25 23 22, 24, 51, 52 northern red oak (Quercus rubra) 18 0.3 22 23 1 Seed zone maps are available at: https://www.srs.fs.usda.gov/compass/2020/06/11/new-zones-delineate-seed-source-regions/

The Government reserves the right to refuse seedlings not meeting the standards describe above, requiring the Contractor to procure replacement seedlings at no cost to the Government. The Government also reserves the right to assess a payment penalty upon a quality assessment of planted seedlings that falls below the thresholds described herein. Penalties will be assessed based on the level discrepancy from contract targets as described in the Quality Assessment section (1.2.2) below.

1.2.1.2 Tree Planting (CLINS 0010-0018)

There are four distinct tree planting prescriptions, based on the location of the planting; details of size specifications are shown in Table 1 and required species mixes by planting location are shown in Table 2.

Islands FP16 and FP21 shall be planted with primarily hard mast species plus hackberry and river birch at an approximately 8 x 8 foot spacing (approximately 681 trees per acre). Planting on these islands may occur at any time between October 15, 2021 and May 31, 2022.

Islands FP25n and FP29 shall be planted with a diverse floodplain forest mix at an approximately 8 x 8 foot spacing (approximately 681 trees per acre). FP25n may be planted at any time between October 15, 2021 and May 31, 2022. FP29 must be planted between October 15 and November 30, 2021 to avoid spring eagle nest disturbance.

Mudwave areas on all islands will be planted with silver maple and swamp white oak at a density of approximately 170 trees per acre. Final tree spacing shall vary, with seedling densities highest in more open canopy areas and lowest in areas with denser canopies. No seedlings should be planted less than 6 feet from the nearest planted seedling. Planting all mudwave areas, with the exception of the FP29 mudwave, may occur at any time between October 15, 2021 and May 31, 2022. The FP29 mudwave must be planted between October 15 and November 30, 2021 to avoid spring eagle nest disturbance.

Underplanting areas UP1 and UP2 shall be planted with primarily hard mast species plus hackberry at a density of approximately 70 trees per acre. Final tree spacing shall vary, with seedling densities highest in more open canopy areas or with a high density of ash in the canopy and lowest in areas with denser canopies. No seedlings should be planted less than 6 feet from the nearest planted seedling. Underplanting areas may be planted at any time between October 15, 2021 and May 31, 2022.

FP29 must be fully planted in fall of 2021, but the Contractor may partially plant other islands in fall of 2021 and complete the planting in spring of 2022. The Contractor may submit a partial payment request for the number of tree seedlings planted in fall of 2021 according to the invoicing requirements described in Section 2, Measurement and Payment. If areas outside of FP29 will be planted in the fall of 2021, the Contractor must submit a list of those areas and a tentative planting schedule with their quote. For the remaining areas, the Contractor must provide the Government notification of a planting schedule at least 20 business days prior to initiating planting on the project.

Table 2. Treatment areas, acreage, and number of trees to be planted by species in each treatment area

Total trees, all areas: 14,900

Treatment Area and Acreage

FP16 FP21 FP25n FP29 FP16 Mudwave

FP21

Mudwave

FP25

Mudwave

FP29

Mudwave

UP1 and

UP2

Tree Species 2.7ac 1.5ac 5.2ac 5.5ac 2.7ac 2.8ac 0.3ac 3.5ac 10.2ac sycamore (Platanus occidentalis)

0 0 900 600 0 0 0 0 0 swamp white oak (Quercus bicolor) 600 300 900 600 200 200 100 500 200 silver maple (Acer saccharinum) 0 0 900 600 200 200 100 500 0 river birch (Betula nigra) 200 100 900 600 0 0 0 0 0 hackberry (Celtis occidentalis) 100 100 900 600 0 0 0 0 100 pin oak (Quercus palustris) 200 100 900 600 0 0 0 0 100 bur oak (Quercus macrocarpa) 300 200 0 0 0 0 0 0 100 white oak (Quercus alba) 100 100 0 0 0 0 0 0 0 northern red oak (Quercus rubra) 200 100 0 0 0 0 0 0 100 black walnut (Juglans nigra) 100 100 0 0 0 0 0 0 0 bitternut (Cary cordiformis) or shellbark hickory (C. laciniosa)

200 100 0 0 0 0 0 0 100

Total Trees 2000 1200 5400 3600 400 400 200 1000 700

Deer repellant

All tree seedlings for all prescriptions should be dipped in PlantSkydd deer repellant prior to planting or be sprayed with PlantSkydd immediately following planting. PlantSkydd should be applied at the dilution rates for dormant seedlings as per the manufacturer’s recommendation.

This treatment is considered part of the tree planting action and should be included in the cost estimate for the tree planting actions.

Seedling storage

All seedlings shall be handled and stored in an appropriate manner to minimize seedling stress prior to planting. Seedlings shall be kept in a cooler at or below 40 degrees Fahrenheit until the day of planting. In the field, seedlings shall be stored in full shade with roots well moistened.

While being transported from the field storage location to the planting hole, trees shall be carried in planting bags or other containers to prevent desiccation of roots. Trees shall not be held outside of a container for more than one minute. The Contractor shall provide the Government with a brief Cold Storage Plan documenting procedures for following the storage specifications described here as part of their quote. This plan should explicitly state what facilities or equipment will be used to ensure that seedlings are stored at the appropriate temperature prior to the day of planting.

Seedling handling and planting

Quality hardwood tree seedlings often have large root systems, and stems may be as large as 2-3 feet tall. Large seedling size shall be accounted for in determining planting tools to use.

Seedlings may be root pruned at the time of planting to down to a minimum of 12 inches, measured from the root collar. First order lateral roots shall not be removed in this process but may be trimmed back.

The Contractor shall prepare a planting hole or slit that is wide enough to fully suspend the roots of the plant material. The Contractor shall suspend the root system near the center of the planting hole or slit, with roots in a near natural arrangement, at a depth at which the top of the root system is covered by approximately one inch of topsoil after filling, packing and leveling. A “near-natural arrangement” means that roots approximate the position they would have when growing in nature or in the nursery, and are not twisted, tangled, compacted, curled, or bent relative to a position that is perpendicular to the ground surface. Root collars shall not be visible but shall be below the soil surface. Each plant shall be set firmly in the ground, with moist soil filled in and placed firmly around the roots. The Contractor shall level the soil near the plant after planting and firming so there are no depressions or mounds near the stem.

The Government Inspector may also specify where certain plant species or associations of plant species are to be planted within the project area. Plant material planted in inappropriate places will be subject to rejection by the Government Inspector during inspections.

The Contracting Officer may suspend planting work if weather conditions could damage plant material, even if the material is handled in accordance with this agreement. The Contracting Officer may also suspend planting work at any time if the Contracting Officer determines that the Contractor is not handling plants or planting in accordance with this agreement.

The Government reserves the right to inspect the operation at time of planting and may levy a payment penalty up to and including the total cost of seedling acquisition and planting for failures to follow proper seedling storage, handling or planting requirements. The Government also reserves the right to stop planting operations at any time that it determines that these guidelines are not being followed.

Excess and waste material shall be removed and properly disposed of off-site. Areas that have been damaged by planting operations shall be restored to original condition at the Contractor’s expense.

1.2.1.3 Follow-up Herbicide Application (CLINs 0019-2009)

A spot herbicide application should be implemented at each seedling on the island and mudwave features, including the 1,000 seedlings on FP25s planted by the Government in spring of 2021, for three growing seasons following planting to maintain a free-to-grow condition. No herbicide applications will be conducted in the underplanting areas.

Spot herbicide applications shall be implemented between June 1 and June 30, 2022; June 1 and June 30, 2023; and June 1 and June 30, 2024 with a broad-spectrum herbicide to eliminate all herbaceous competition within a 1-foot radius of each of the planted seedlings. There shall be a total number of 14,200 spots to be sprayed.

The Contractor must protect the seedlings from herbicide drift; a payment penalty may be applied if more than 2% of seedlings show signs of herbicide damage during quality assurance inspections. The Contractor should also take care, if possible, to avoid spraying natural tree regeneration, though not all injury can be avoided.

Herbicide Plan

The Contractor shall submit a general written plan that addresses their planned 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 as part of their quote. Only herbicide formulations in the Government list (Attachment 2) and approved for use in wetlands shall be used; if the Contractor wishes to use an alternative herbicide, a request shall be made to the COR no less than twenty working days prior to anticipated application. The request will require submission for environmental review and the Contractor shall not assume that approval will be granted. If appropriate, surfactants shall be added per label instructions to appropriate herbicide mixtures. All carriers and adjuvants shall be non-toxic.

The herbicide plan shall detail the carriers, adjuvants and surfactants to be used. The plan shall 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. 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 COR a minimum of five working days prior to initiating any herbicide work on this contract.

All treatments shall 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 shall not be allowed prior to precipitation that could facilitate rapid leaching of herbicide to the water table. At a minimum, herbicide(s) shall not 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 shall also be avoided. The Contractor is to notify the COR of any planned herbicide applications and receive prior approval before completing the planned application.

1.2.2 Quality Assessment

Tree planting shall be considered acceptable if the following are true:

- 95% of Government sampled planted trees meet the minimum size specifications for each species in table 2, and, of those, 60% are > 2 feet tall

- 50% of seedlings have a root collar diameter of at least 0.375 inches

- 95% of Government sampled planted trees are within +/- 2 feet of target spacing

- Percent of trees of each species within Government samples is within +/- 10% of the target above, unless a wider variation has been approved by the Government

- 95% of trees stay in the ground following the “tug test” (a light pull on the seedling does not dislodge it from the ground), with no roots or root collar visible at the soil surface

Herbicide applications will be considered acceptable if the following are true:

- 95% of Government sampled spray area has complete kill of competing vegetation

- <2% of planted tree seedlings show evidence of herbicide damage

Up to 5% of planted seedlings will be sampled in initial quality assessments by the Government.

If, based on the initial sample, planting quality appears to be below contract standards, an additional 5% will be sampled to reach a total of a 10% sample. The final proportion from the 10% sample will be assumed to be representative of the planting as a whole and may be applied to the entire pay request associated with the quality assessment.

Any performance penalties will be assessed on the percentage of seedlings falling outside of specifications in the 10% sample. This performance penalty may be assessed either as a pay reduction equivalent to the percentage of unacceptable seedlings, planting, or herbicide applications, or by requiring rework of equivalent to the percentage of unacceptable seedlings.

Planting rework will require return to the site at least a season after the initial planting and may require additional site preparation work (such as herbicide application) to achieve desirable planting conditions. Any rework will be at no additional cost to the Government.

1.2.3 Treatment Schedule

Treatments must be completed within time windows that will maximize treatment effectiveness.

Begin and end Dates for each treatment in each area are provided in the Contract Line Item

Number table in the measurement and payment section below. No treatments may begin prior to the Begin Date and all treatments must be completed by the End Date for any given area. The Contractor may select any date between those two dates to perform work, given that site conditions are appropriate, and that the Government has given approval to proceed. In addition, upon contract award, the Contractor shall submit to the COR a tentative work schedule for the contract period. The Contractor submitted work schedule is not binding and may be updated as needed but is intended to allow the Government to plan according to the Contractor’s work schedule. The Contractor’s tentative work schedule shall in no way supersede the dates provided in this contract.

2 MEASUREMENT AND PAYMENT

Payment for this work will be based on the Schedule of Services.

The Contractor must submit invoices to the COR to initiate payments.

Al l invoices shall be sent via e-mail or mail to the COR. 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.

The Contractor may submit invoice(s) for payment on each work Contract Line Item Number (CLIN) listed below upon completion of Government Quality Assurance checks and acceptance of the work OR 10 business days following the completion of the work by the Contractor, whichever is sooner. In this contract, seedling acquisition will not be considered complete until tree seedlings have been planted on the site and the Government has completed Quality Assurance check to determine that seedling size and quality is acceptable. Therefore, the tree seedling purchase invoice must be submitted along with the respective tree planting invoices once all planting is completed. A copy of the nursery receipt must be also be submitted for all purchased plant material. For all CLINs requiring herbicide application, the post-application documentation form should be submitted prior to invoicing or with the invoice. Invoices for CLINs requiring post-application documentation forms WILL NOT be considered acceptable invoices without the post-application documentation form and no payment will be made until the post-application documentation forms have been submitted.

Payment on this contract will be based on the CLINs and only for the total amounts for each CLIN. Following the completion of each CLIN, the Contractor may submit an invoice for payment with the exception of the tree seedling purchase.

The following is a list of Contract Line Item Number (CLIN)s.

CLIN Treatment

Area Dates CLIN

Description Quantit y

Units - Each

BASE PERIOD 10/15/2021 (or date of contract award) – 09/30/2022

0001 FP16 10/15/2021 -

5/31/2022 Seedling acquisition

2000 Seedlings

0002 FP21 10/15/2021 -

5/31/2022

Seedling acquisition

1200 Seedlings

CLIN Treatment Area

Dates CLIN Description

Quantit y

Units - Each

0003 FP25n 10/15/2021 - 5/31/2022

Seedling acquisition

5400 Seedlings

0004 FP29 10/15/2021 -

11/30/2021

Seedling acquisition

3600 Seedlings

0005 FP16

Mudwave

10/15/2021 - 5/31/2022

Seedling acquisition

400 Seedlings

0006 FP21

Mudwave

10/15/2021 - 5/31/2022

Seedling acquisition

400 Seedlings

0007 FP25

Mudwave

10/15/2021 - 5/31/2022

Seedling acquisition

200 Seedlings

0008 FP29

Mudwave

10/15/2021 - 11/30/2021

Seedling acquisition

1000 Seedlings

0009 UP1 and

UP2

10/15/2021 - 5/31/2022

Seedling acquisition

700 Seedlings

0010 FP16 10/15/2021 -

5/31/2022

Tree planting

2000 Seedlings

0011 FP21 10/15/2021 -

5/31/2022

Tree planting

1200 Seedlings

0012 FP25n 10/15/2021 - 5/31/2022

Tree planting

5400 Seedlings

0013 FP29 10/15/2021 -

11/30/2021

Tree planting

3600 Seedlings

0014 FP16

Mudwave

10/15/2021 - 5/31/2022

Tree planting

400 Seedlings

0015 FP21

Mudwave

10/15/2021 - 5/31/2022

Tree planting

400 Seedlings

0016 FP25

Mudwave

10/15/2021 - 5/31/2022

Tree planting

200 Seedlings

0017 FP29

Mudwave

10/15/2021 - 11/30/2021

Tree planting

1000 Seedlings

0018 UP1 and

UP2

10/15/2021 - 5/31/2022

Tree planting

700 Seedlings

0019 FP16 6/1/2022 - 6/30/2022 Spot spray 2000 Spots 0020 FP21 6/1/2022 - 6/30/2022 Spot spray 1200 Spots 0021 FP25n 6/1/2022 - 6/30/2022 Spot spray 5400 Spots 0022 FP25s 6/1/2022 - 6/30/2022 Spot spray 1000 Spots

0023 FP29 6/15/2022 -

7/15/2022 Spot spray 3600 Spots

0024 FP16

Mudwave

6/1/2022 - 6/30/2022 Spot spray 400 Spots

0025 FP21

Mudwave

6/1/2022 - 6/30/2022 Spot spray 400 Spots

0026 FP25 6/1/2022 - 6/30/2022 Spot spray 200 Spots

CLIN Treatment Area

Dates CLIN Description

Quantit y

Units - Each

Mudwave

0027 FP29

Mudwave 6/15/2022 - 7/15/2022

Spot spray 1000 Spots

OPTION PERIOD ONE 10/01/2022 – 09/30/2023

1001 FP16 6/1/2023 - 6/30/2023 Spot spray 2000 Spots 1002 FP21 6/1/2023 - 6/30/2023 Spot spray 1200 Spots 1003 FP25n 6/1/2023 - 6/30/2023 Spot spray 5400 Spots 1004 FP25s 6/1/2023 - 6/30/2023 Spot spray 1000 Spots

1005 FP29 6/15/2023 -

7/15/2023 Spot spray 3600 Spots

1006 FP16

Mudwave

6/1/2023 - 6/30/2023 Spot spray 400 Spots

1007 FP21

Mudwave

6/1/2023 - 6/30/2023 Spot spray 400 Spots

1008 FP25

Mudwave

6/1/2023 - 6/30/2023 Spot spray 200 Spots

1009 FP29

Mudwave

6/15/2023 - 7/15/2023

OPTION PERIOD TWO 10/01/2023 – 09/30/2024

2001 FP16 6/1/2024 - 6/30/2024 Spot spray 2000 Spots 2002 FP21 6/1/2024 - 6/30/2024 Spot spray 1200 Spots 2003 FP25n 6/1/2024 - 6/30/2024 Spot spray 5400 Spots 2004 FP25s 6/1/2024 - 6/30/2024 Spot spray 1000 Spots

2005 FP29 6/15/2024 -

7/15/2024 Spot spray 3600 Spots

2006 FP16

Mudwave

6/1/2024 - 6/30/2024 Spot spray 400 Spots

2007 FP21

Mudwave

6/1/2024 - 6/30/2024 Spot spray 400 Spots

2008 FP25

Mudwave

6/1/2024 - 6/30/2024 Spot spray 200 Spots

2009 FP29

Mudwave

6/15/2024 - 7/15/2024

3 POST-AWARD MEETINGS

A post-award meeting shall be scheduled within 10 business days after contract award and may be held in person at the project site or by conference call. Government inspection procedures will be reviewed at that time. The Contractor will be notified by the COR of the meeting time. A follow-up on-site meeting will be required prior to work beginning on the contract.

4 CONTRACTING OFFICER’S REPRESENTATIVE

A Contracting Officer’s Representative (COR) shall be appointed upon contract award. At that time, the COR’s contact information shall be provided.

5 HERBICIDE

5.1 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 for the state of Iowa with certification in Category 2, Forest Pest Control, (or have completed requirements necessary for license reciprocity in Iowa) 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. At 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.

5.2 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.

5.3 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 as Attachment 03 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 COR within five 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 COR.

5.4 Herbicide Warranty

The Contractor shall exercise his/her professional judgment as to the application rate, time, and extent of application of the herbicides. The contractor is also responsible for supplying all materials and equipment necessary for storage, mixing, and applying herbicide.

In addition, 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. 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 Government Quality Assurance plots show evidence of the treatment prescribed for the area in section 0 above.

5.5 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 COR’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.

5.6 Material Safety Data Sheets

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.

Subsequent to these actions, the Contractor shall take actions to clean up the spill 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: https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ The entire Safety Manual is available for downloading or viewing on the Internet at:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d.

8 INSPECTIONS AND ACCEPTANCE

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

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 contract award. 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

To be submitted following award

1. Contractor work schedule

2. Copy of nursery invoice listing species (tree seedlings)

3. Post-application herbicide reports https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d

11 ATTACHMENTS

Attachment 1 - Project Area Maps

Attachment 2 - Approved Herbicide List

Attachment 3 - Post-Application Documentation Form

(End of Summary of Changes)

11 ATTACHMENTS