W912ES23Q0082-0001 Tree Planting McGregor - Eagle Buffer and Extension 12Sep23.pdf

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 Amendment 0001 to W912ES23Q0082 McGregor Lake Restoration Area Tree Planting and Competing Vegetation Control is:

a) Provide changes to the Scope of Work as highlighted in yellow herein; and,

b) Extend the due date and time for receipt of quotes to Monday, 18 September 2023 at 3:00pm Central.

All other terms and conditions remain unchanged. See Page 2 for full details of this Amendment.

1. CONTRACT ID CODE PAGE OF PAGES

1 13

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

16C. DATE SIGNED

BY 12-Sep-2023

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 W912ES23Q0082

X 9B. DATED (SEE ITEM 11)

31-Aug-2023

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

12-Sep-2023

CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES23Q0082

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 14-Sep-2023 01:00 PM to 18-Sep-2023 03:00 PM.

The following have been modified:

SCOPE OF WORK

SCOPE OF WORK / SPECIFICATIONS

Tree Planting and Competing Vegetation Control at the McGregor Lake Restoration Areas, Crawford County, WI

1. BACKGROUND

The U.S. Army Corps of Engineers, St. Paul District has a services requirement for tree planting and competing vegetation control around planted tree seedlings. The treatment areas total approximately 23 acres on U.S. Fish and Wildlife Service owned land located between Prairie du Chien, WI and McGregor, IA. These treatment areas are part of a larger Upper Mississippi River Restoration Habitat Rehabilitation and Enhancement Project located within U.S. FWS Upper Mississippi River National Wildlife and Fish Refuge, McGregor District. The McGregor Restoration Area is accessible by primarily by boat with very limited walk-in access. Services needed include tree planting totaling 15,644 bareroot seedlings at McGregor Lake and follow-up chemical control competing vegetation around planted trees. Both project areas are newly built islands constructed as part of the Upper Mississippi River Restoration Program. More information regarding design and construction of these projects can be found at:

https://www.mvr.usace.army.mil/Missions/Environmental-Stewardship/Upper-Mississippi- River-Restoration/Habitat-Restoration/Find-an-HREP-Project/.

The work to be performed under this contract consists of furnishing all plant materials, equipment, supplies, labor, supervision, and transportation in strict accordance with this Statement of Work (SOW) and attachments herein or as amended. All work materials and services not expressly called for in the SOW 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 one (1) one-year option to be exercised at the Government’s discretion.

SITE DESCRIPTION

Project Area and Access

Vicinity and site-specific maps for both areas area included in Attachment 1.

McGregor Lake

The McGregor Lake HREP area is in Crawford County, WI, in the middle of the Mississippi River floodplain between Prairie Du Chien, WI and McGregor, IA. The approximate coordinates of the center of the project area are located at 91°09’50.4”W, 43°02’09.6”N.

Access for the project to the site is primarily by boat via the Mississippi River. There is a USFWS parking lot between McGregor and Prairie Du Chien on the North side of Highway 18.

However, a steep embankment on the south side of Highway 18 that is covered by large rocks prevents access with equipment and only allows for walk-in access. Summer river depths at the site are variable and the interior of McGregor Lake is shallow. The nearest boat ramps are the Campion boat ramp in Prairie Du Chien, WI or the Nauti Marina in McGregor, IA. The contractor shall provide their own boat(s) to complete work. The boat(s) must be State licensed.

Current Vegetation

McGregor Lake Final grading of Areas 1, 2, 3, is to be completed in spring of 2023 and seeded with a permanent seed mix consisting of swamp milkweed (Asclepias incarnata), common milkweed (Asclepias syricaca), New England aster (Aster novaeanglieae), purple prairie clover (Dalea purpurea), black-eyed susan (Rudbeckia hurta), boneset (Eupatorium perfoliatum), blue vervain (Verbena hastata), sneezeweed (Helenium autumnale), swamp aster (Aster puniceus), false aster (Boltonia asteroids), annual rye (Lolium italicum), winter wheat (Triticum aestivum), little bluestem (Schizachyrium scoparium), joe-pye weed (Eupatorium maculatum). All areas were bare soil in fall of 2022 and were seeded with a cover crop.

Prescriptions

McGregor Lake Tree supply and planting (CLINs 0001AA & 0001AB, 0002AA & 0002AB, 0003AA & 0003AB) The contractor must supply all trees for this planting, and all tree planting must occur between November 2, 2023, and May 31, 2024. Within the 330-foot bald eagle buffer in areas 1 and 2 (see Attachment 1) planting is preferred in Fall of 2023; though all areas may be planted in Fall of 2023 or Spring of 2024. If planting occurs within the eagle buffers between January 1 and June 15, 2024, all planting must be conducted with hand tools and no more than three (3) people shall be within the designated eagle buffer at any one time. The Contractor may submit a partial payment request for the number of tree seedlings planted Fall of 2023 if only a portion of the trees will be planted in Fall. Seedling size and source specifications are shown in the Tree Seedling Supply section. Total tree quantities by island are shown in the table below in the schedule of items summary in section 2.1.

For all areas the contractor shall plant all seedlings spaced at 8x8’.

Species Quantity Species Quantity

McGregor Area 1:

8.71 acres Total Seedlings: 5,932

McGregor Area 1 Eagle Zone: 1.79 acres Total Seedlings: 1,219

River birch (Betula nigra)

Sycamore (Platanus occidentalis)

Sycamore

Hackberry (Celtis occidentalis)

Hackberry (Celtis occidentalis)

Southern pin oak (Quercus palustris)

Southern pin oak (Quercus palustris)

Swamp white oak (Quercus bicolor)

Swamp white oak

Bur oak (Quercus alba)

Bur oak

Northern red oak (Quercus rubra)

Northern red oak

McGregor Area 2: 5.4 acres Total Seedlings: 3677

McGregor Area 2 Eagle Zone: .77 acres Total Seedlings: 525

Swamp white oak

Swamp white oak

River birch

Silver Maple (Acer saccharinum)

Silver Maple (Acer saccharinum)

McGregor Area 3:

6.3 acres Seedlings: 4,291

Sycamore (Platanus occidentalis)

Hackberry (Celtis occidentalis)

Southern pin oak (Quercus palustris)

Swamp white oak

Bur oak

Northern red oak

Spot Spraying (CLINs 1001 & 2001, 1002 & 2002, 1003 & 2003)

Herbicide applications will be implemented for two growing seasons following planting to control competing vegetation. Between June 1 and July 15, 2024; and June 1 and July 15, 2025, all three areas (1, 2, and 3) are to spot sprayed with a broad-spectrum herbicide to eliminate all herbaceous competition for the planted seedlings. However, within the eagle buffer areas, spraying may only occur after June 15. There shall be a total number of 15,644 spots to be sprayed.

Each spot that will be sprayed must have a 2’ diameter ring sprayed around each planted seedling, and the planted seedling must be protected from herbicide drift. Payment will only be made for proper herbicide application and healthy seedlings. If more than 2% of seedlings show signs of herbicide damage during quality assurance inspections payment for spraying will be reduced accordingly. For example if 8% of the trees show signs of herbicide damage, payment will be reduced by 6% (8% damaged – 2% permissible overspray) for that sport spray line item.

If more than 5% of seedlings show signs of herbicide damage, the contractor may be required, at their own cost, to replant a number of trees up to a maximum of the total number of trees showing herbicide damage. The Contractor should avoid spraying natural tree regeneration to the best of its abilities.

Tree seedling supply, storage, handling, and planting

The Contractor shall be responsible for purchasing all tree seedlings and shall submit final copies of nursery invoices to the Government prior to planting seedlings to verify the purchase of appropriate seedlings. Seedlings shall be of the sizes listed in the table below for each. Large, vigorous root systems are important for hardwood seedlings and shall have well developed root systems. Seedlings may be root pruned at the time of planting down to a minimum of 12 inches, measured from the root collar. All seedlings shall be of native stock and no cultivars shall be planted.

Nurseries providing the seedlings should be located within a 250-mile radius of the planting site, or, if outside of this range, the Nursery must provide a statement verifying that the seed source of the seedlings to be planted as part of this contract is within one (1) of the optimal or acceptable seed zones in the table below. The Government reserves the right to refuse seedlings not meeting the standards described above, requiring the contractor to procure replacement seedlings at no cost to the Government. In the event that seedlings of a particular species are unavailable, the Contractor may replace that species by increasing the proportion of stems from another species on the list up to a maximum increase of 25% of any of the replacement species. In the case of replacements, the Contractor must provide documentation to the Contracting Officer from at least three (3) native tree nurseries that seedlings were not available in the species or sizes designated in this contract. The contractor shall not otherwise substitute species or stock types.

All seedlings shall be handled and stored in an appropriate manner to minimize seedling stress prior to outplanting. The contractor shall provide a one paragraph description of their intended cold storage plan no later than seven (7) days after contract award. Plan will be reviewed by Corps personnel for approval. Corps approval of the plan does not alleviate the contractor’s responsibility to properly store and maintain seedlings at all times prior to planting in the ground.

Seedlings shall be kept in a cooler at 34-40 degrees F until the day of planting. In no case should seedlings be kept outside of cold storage for more than two (2) days (48 hours). In the field, seedlings should be stored in full shade with roots well moistened. Immediately prior to planting, trees shall be stored in planting bags or other containers to prevent desiccation of roots while being transported to individual planting locations. The trees within a planting container should be planted within 30 minutes of removal from the original nursery bag. The contractor shall plant the trees according to generally accepted tree planting guidelines such as those outlined in the Iowa DNR successful tree planting document:

http://www.iowadnr.gov/portals/idnr/uploads/forestry/treeplanting.pdf . The Government reserves the right to inspect the operation at time of planting.

The Contracting Officer may also suspend planting work at any time if it is determined that the Contractor is not handling plants or planting in accordance with the scope of work.

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.

Quality assessment

Tree seedling supply and planting

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

- 95% of Government sampled planted trees are taller than the minimum height in the tree seedling specification table

- 50% of seedlings have a root collar diameter of at least 3/8 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

Spot spraying

Herbicide applications for both locations 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

MEASUREMENT AND PAYMENT

Payment for this work will be based on the schedule below. The Contractor may submit invoice(s) for payment when each work Contract Line Item Number (CLIN) listed below has been completed. Following the completion of each CLIN, the Contractor may submit an invoice for payment except for the tree seedling purchase. The tree seedling purchase invoice must be submitted along with the respective tree planting invoices once all planting is completed.

As the Corps’ financial system does not accept electronic invoices and the Corps does not use WAWF permission is granted, in accordance with contract clause 252.232-7003, to submit invoices via email.

1.1 Quote - Schedule of Items Summary

CLIN Area Service Estimated Begin/End

Date Qty

Unit - Each

0001AA

Area 1 Bareroot seedling purchase

Nov 1, 2023 - May 31, 2024 7,151 Trees

0001AB Area 1 Bareroot seedling planting Nov 1, 2023- May 31, 2024 7,151 Trees

1001 Area 1 Spot spray – Base Year June 1, 2024 – July 15, 2024 7,151 Spots

2001 Area 1 Spot spray – Option Year June 1 2024 – July 15, 2025 7,151 Spots

0002AA Area 2 Bareroot seedling purchase Nov 1, 2023 – May 31, 2024 4,202 Trees

0002AB Area 2 Bareroot seedling planting Nov 1, 2023 – May 31, 2024 4,202 Trees

1002 Area 2 Spot spray – Base Year June 1, 2024 – July 15, 2024 4,202 Spots

2002 Area 2 Spot spray – Option Year June 1, 2024 – July 15, 2025 4,202 Spots

0003AA Area 3 Bareroot seedling purchase Nov 1, 2023 – May 31, 2024 4,291 Trees

0003AB Area 3 Bareroot seedling planting Nov 1, 2023 – May 31, 2024 4,291 Trees

1003 Area 3 Spot spray – Base Year June 1, 2024 – July 15, 2024 4,291 Spots

2003 Area 3 Spot spray – Option Year June 1, 2024 – July 15, 2025 4,291 Spots

1.2 Invoices

The contractor must submit invoices to the Contracting Officer’s Representative (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.

POST-AWARD MEETING

A post-award meeting must be scheduled subsequent to the contract being awarded. Government inspection procedures will be reviewed at that time. The Contractor will be notified by the COR of the meeting time.

2. GOVERNMENT CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR contact information will be provided at the time of contract award.

HERBICIDE

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 no later than five (5) business days prior to start of work. Only herbicide formulations included on the Government list (Attachment 3) shall be used; if the Contractor wishes to use an alternative herbicide, a request must be made to the Contracting Officer no less than 20 business days prior to anticipated application. The request will require submission for environmental review and the Contractor should not assume 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 post-award meeting. The COR 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 COR 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 COR at least 2 business days in advance 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.

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 either Forestry (Category 2.0) or Rights-of-Way & Natural Areas (Category 6.0) for Wisconsin 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 or the employ of a subcontractor 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 (1) 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.

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.

2.1 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 04 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 (5) 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 COR.

2.2 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. 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 for the area in section Error! Reference source not found. above.

2.3 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 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.

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.

3.0 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) and/or the Wisconsin Department of Agriculture, Trade and Consumer Protection (1-800-943-0003) for spills occurring in Wisconsin. There is someone on duty at these number 24 hours a day.

Subsequent to these actions, the Contractor shall take actions to clean up the spill as required by Wisconsin state and federal laws at no cost to the Government. Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by chemical manufacturer to protect the safety and health of the contaminated individual(s).

4.0 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 Contractor employees and Government workers. The Contractor must submit an abbreviated Safety Plan that meets these requirements after contract award.

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.

5.0 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 must 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.

6.0 LIABILITY OF AND DAMAGES TO THE GOVERNMENT

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.

6.1 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 all liability to others arising from the performance of the contract.

6.2 Responsibility for Damages

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

7.0 SUBMITTALS

To be submitted with the quote

1. Pricing schedule

2. Certified applicator list, with copies of certification credentials

To be submitted following award

1. Contractor work schedule

2. Cold storage narrative

3. Abbreviated safety plan

4. Herbicide plan with herbicide application schedule

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

6. Post-application herbicide reports

ATTACHMENTS

Attachment 1 - Vicinity and Treatment Maps Attachment 2 - USFWS Approved Herbicide List Attachment 3 - Post-Application Documentation Form

(End of Summary of Changes)