W912ES24Q0062-0001 Amendment 1.pdf

W81G6740479484

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 is to add information about the seeding/planting requirements to the SOW and split Item 0002 into 0002AA and 0002AB to add the June 2024 spraying. The amendment extends the solicitation close date.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 21-Mar-2024

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 W912ES24Q0062

X 9B. DATED (SEE ITEM 11)

29-Feb-2024

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

20-Mar-2024

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:

1x

W912ES24Q0062

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 21-Mar-2024 11:00 AM to 26-Mar-

2024 11:00 AM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The CLIN type priced has been deleted.

The CLIN description has changed from Broadcast Spray 1 - Area 2 - Base Year to Area 2 - Base Year.

The CLIN extended description has changed from:

Performance Dates 9/01/2024 - 9/30/2024

To:

Performance Dates 6/01/2024 - 9/30/2024

The pricing detail quantity 11.70 has been deleted.

The unit of issue Acre has been deleted.

The FOB Destination has been deleted.

The PSC code F006 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

The NAICS code 561730 has been deleted.

The MDAP/MAIS Code 000 has been deleted.

SUBCLIN 0002AA is added as follows:

ITEM NO SUPPLIES/SERVICES UNIT UNIT PRICE AMOUNT

0002AA

QUANTITY

11.70 Acre

Broadcast Spray - Area 2 - Base Year

FFP

Performance Dates - 6/01/2024 - 6/30/2024 FOB: Destination

PURCHASE REQUEST NUMBER: W81G6740479484

NET AMT

SUBCLIN 0002AB is added as follows:

ITEM NO SUPPLIES/SERVICES UNIT UNIT PRICE AMOUNT

0002AB

QUANTITY

11.70 Acre

Broadcast Spray - Area 2 - Base Year

FFP

Performance Dates - 9/01/2024 - 9/30/2024 FOB: Destination

PURCHASE REQUEST NUMBER: W81G6740479484

NET AMT

CLIN 3002 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 11.70 Acre

Broadcast Spray 1 - Area 2 - Base Year

FFP

Performance Dates 9/01/2024 - 9/30/2024 FOB: Destination

PSC CD: F006

NET AMT

DELIVERIES AND PERFORMANCE

The following Delivery Schedule for CLIN 0002 has been deleted:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 15-JUL-2024 TO

14-JUL-2025

N/A LOCK & DAM #8

JANE MATHISON

4405 HIGHWAY 35

GENOA WI 54632-0265

651-290-5033 FOB: Destination

B6R0TL8

The following Delivery Schedule for SUBCLIN 0002AA has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-JUN-2024 TO

14-JUL-2025

N/A LOCK & DAM #8

JANE MATHISON

4405 HIGHWAY 35

GENOA WI 54632-0265

651-290-5033 FOB: Destination

B6R0TL8

The following Delivery Schedule for SUBCLIN 0002AB has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-JUN-2024 TO

14-JUL-2025

N/A LOCK & DAM #8

JANE MATHISON

4405 HIGHWAY 35

GENOA WI 54632-0265

651-290-5033 FOB: Destination

B6R0TL8

The following Delivery Schedule for CLIN 3002 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 15-JUL-2024 TO

14-JUL-2025

N/A LOCK & DAM #8

JANE MATHISON

4405 HIGHWAY 35

GENOA WI 54632-0265

651-290-5033 FOB: Destination

B6R0TL8

INSPECTION AND ACCEPTANCE

The Acceptance/Inspection Schedule for CLIN 0002 has been changed from:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

To:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A N/A

The following Acceptance/Inspection Schedule was added for SUBCLIN 0002AA:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

The following Acceptance/Inspection Schedule was added for SUBCLIN 0002AB:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

The following Acceptance/Inspection Schedule was added for CLIN 3002:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

The following have been modified:

STATEMENT OF WORK

STATEMENT OF WORK

Vernon County, Wisconsin

Woody and Herbaceous Invasive Plant Control at Stoddard Oak Savannah/ Prairie

1 BACKGROUND

This statement of work describes a woody invasive control project on approximately 38 acres on US Army Corps of Engineers (COE) across 3 treatment areas in Vernon County, WI. Services to be rendered include initial mechanical and chemical control and follow-up chemical control of established woody invasive plants as well as reed canary grass. There is planned in house work in area 3 of some initial cutting of bush honeysuckle. The contractor should anticipate less work in that area. The management objective of the project area is to convert the area over time back to prairie and oak savannah as it was historically.

The work to be performed under this contract consists of the contractor furnishing all 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

The Stoddard project area is located approximately 1 mile south of Stoddard, WI along the Coon

Creek backwaters. The site is intersected by Prairie Lane and Lake Road. All areas of the site are accessible by land with a two-track bisecting the southern half and an unmarked hiking trail to the north. A map showing the treatment areas (Attachment 1) and the vicinity (Attachment 2) are included .

1.1.1 General Conditions

The area is generally forested with some canopy gaps and substantial invasive species problems, primarily bush honeysuckle (Lonicera spp.), common buckthorn (Rhamnus cathartica), Siberian elm (Ulmus pumila), black locust (Robinia pseudoacacia) are also present in low densities.

Undesirable shrub/tree species for this site also include eastern red cedar, sumac, green ash, red oak, pin oak and cherry species. Removal of these species will aid in the restoration of the oak savannah and prairie. The overstory is primarily bur oak, northern pin oak, northern red oak, shagbark hickory on the east side of prairie lane road. It is a high elevation site with some lowland shrub habitat intermixed. There are steep slopes in some spots. The west strip consists of an overstory of planted red pine with dense invasives and oak scattered through the understory. There are pockets of remnant prairie throughout this strip, so limited ground disturbance in these areas is desired. The southeast section is a reed canary grass flat with some wetland shrubs scattered throughout (Area 2).

1.2 PRESCRIPTIONS

1.2.1 Prescriptions

1.2.1.1 Target species for woody plant control

The following species should be controlled wherever encountered in the prescription area. Along with invasives, all woody shrubs/ trees that are not bur oak, shagbark/bitternut hickory shall be cut throughout the site that are <3” dbh. Oak species shall not be cut during oak wilt period (April 1st-July 15th) per Wisconsin DNR guidelines. Species are listed in order by prevalence:

Invasive Species:

Common name Scientific name Prevalence Bush honeysuckles Lonicera spp. Widespread Siberian elm Ulmus pumila scattered Black locust Robinia pseudoacacia scattered Common buckthorn Rhamnus cathartica scattered Japanese barberry Berberis thunbergii uncommon Oriental bittersweet Celastrus orbiculatus* uncommon

* American bittersweet (Celastrus scandens) is scattered on the site and care should be taken to appropriately distinguish between Oriental and American bittersweet – American bittersweet SHOULD NOT be treated Undesirable Tree species:

Common name Scientific name Prevalence Eastern red cedar Juniperus virginiana scattered Staghorn sumac Rhus typhina scattered Green ash Fraxinus pennsylvanica scattered

Common name Scientific name Prevalence Eastern red cedar Juniperus virginiana scattered Staghorn sumac Rhus typhina scattered Northern red oak Quercus rubra Widespread Northern pin oak Quercus ellipsoidalis Widespread Cherry Prunus spp. scattered

1.2.1.2 Initial Control, Area 1, 3 (CLIN 0001)

In both areas (1 and 3), all species listed in the invasive species and undesirable tree table shall be killed by cut stump, basal bark or foliar herbicide applications, depending on the size and distribution of stems. Cut stump applications are required for stems greater than 6 feet tall. All Cut stump applications must occur after September 15th. Any brush from cut stump treatments must be piled in no greater than 8’x8’x8’ piles. Create brush piles atop non-grassland vegetation such as on leaf litter where red-cedar or buckthorn has been removed. All other stems may also be be either foliar sprayed or basal bark treated. No stems greater than 3” in diameter should be cut to eliminate impacts on the Federally endangered northern long eared bat. Foliar applications/basal bark may be made to any other stems, though foliar or basal bark applications should be applied using a hand-held applicator (no broadcast sprays allowed) in a manner that will minimize damage to off-target plants. Foliar applications should be avoided if possible, in areas with established woody regeneration of desirable species (e.g., bur oak, hickory). Any foliar and basal bark applications need to be completed no later than September 15th to allow the Government Quality Assurance representative to evaluate the effectiveness of the treatments.

Initial control treatments in both areas may be implemented at any time between July 15 and April 1st of the applicable contract year (see table in Treatment Specifications below). The contractor shall use appropriate herbicide formulations for the time of year in which herbicide is applied.

1.2.1.3 Follow-up control, Areas 1, 3 (CLINs 1001, 2003, 3001) Follow-up treatments will consist of foliar, basal bark and/or cut stump treatments of resprouts, seedlings and residual untreated stems of all woody invasives listed in the target species table above. If foliar sprays are used, they must be implemented while leaves are green and photosynthesizing. Foliar applications should be avoided in areas with established native plants including bur oak seedlings, prairie grasses, and forbs. Follow-up treatments are scheduled to allow a minimum of 1 full growing season following initial treatment for residual sprouts to develop sufficient leaf area for adequate control.

1.2.1.4 Treatment Specifications

The list of treatments described in the Schedule of Items table (below) will be implemented as part of this contract. Specific treatments in each area are described in subsequent sections.

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

Begin and End Dates for each treatment area are provided in the Schedule of Items table below.

No treatments may begin prior to the Begin Date and all treatments must be completed by the End Date for each given area. The contractor may work anytime between those dates, given that site conditions are appropriate, and the Government has given approval to proceed. In addition, within 20 business days of contract award, the contractor shall submit to the Government a tentative work schedule for the contract period. The Contractor’s submitted work schedule is not binding and may be updated as needed; it is intended to allow the Government to prepare and plan around the contractor’s work schedule. The Contractor’s tentative work schedule shall in no way supersede the Begin and End Dates provided in this contract.

1.2.1.5 Reed canary grass control, wetland planting Area 2 (CLINs 0002, 0003, 1002, 2001, and 2002) This 11.7-acre area should be broadcast sprayed with aquatic area approved glyphosate in June and September 2024 and sprayed again the following spring in June 2025. If no natural vegetation comes up after an evaluation by the Quality Assurance representative during the growing season of 2025, then the option for re-spraying in fall of 2025 and June 2026 will be exercised. If there is natural vegetation occurring the re spraying option will not be exercised, and the option for supplemental hand seeding or plugs in 2026, including seeding of woody shrubs/wetland plants (buttonbush, red osier dogwood, swamp milkweed and willow) will be exercised. Herbicide applications may be implemented using either hand applications from backpack sprayers or by ATV or UTV.

1.2.1.6 Wetland planting Area 2 (CLIN 2002)

The specified woody shrub species (buttonbush, red osier dogwood and willow) shall be planted in equal numbers at a 25’ x 25’ spacing. The contractor shall seed a wet prairie mix that includes at least the following species: prairie cordgrass, switchgrass, woolgrass, porcupine sedge, softsedge bulrush, bottlebrush sedge, big bluestem, swamp milkweed, joe pye weed, meadow blazing star, prairie blazing star, obedient plant, cup plant, blue vervain, common ironweed, boneset, and New England aster.

2 MEASUREMENT AND PAYMENT

Payment for this work will be based on the schedule shown below. Acreage provided by the Government in this solicitation are Government estimates only, based on GIS area calculations.

Quotes should be based on the estimated acreage listed below. The Contractor may submit invoice(s) for payment when each work ITEM listed below has been completed. Payment on this contract will be based on the Contract Line Items (CLINs). Invoices shall not be submitted for incomplete or partially completed work.

2.1 Schedule of items

CLIN Begin and End Date Activity Units Unit

Type Cost/Unit Total Cost

07/15/2024- 04/01/2025

Initial control--area 1, 3 32.2 ac

0002AA

06/01/2024- 6/30/2024

Broadcast spray—area 2 11.7 ac

0002AB

09/01/2024- 9/30/2024

Broadcast spray—area 2 11.7 ac

06/01/2025- 6/30/2025 Broadcast spray--area 2 11.7 ac

7/15/2025- 4/01/2026

Follow up treatment—area 1, 3

32.2 ac

09/01/2025- 09/30/2025

Broadcast spray--area 2 11.7 ac

2001 06/01/2026- 6/30/2026

Broadcast spray--area 2 11.7 ac

5/01/2026- 6/30/2026

Wetland seeding/planting—area 2

11.7 ac

7/15/2026- 4/30/2027

Follow up treatment—area 1, 3

32.2 ac

7/15/2027- 4/30/2028

Follow up treatment--area 1, 3

32.2 ac

2.2 Invoices

Most of the work included in this contract requires a period of at least two weeks following treatment to evaluate effectiveness. Therefore, invoices for work may not be submitted until at least 14 calendar days have elapsed since the final treatment in the invoice. Any invoices submitted earlier than the 14-day window will be returned, and the invoice date shall be updated to reflect the 14 day post-treatment period. The contractor must submit invoices to the Government POC to initiate payments. Partial payments are allowable for works in which a distinguishable block of area has been completed within a larger CLIN.

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

A post-award meeting must be scheduled within 10 business days after contract award; though the meeting itself does not need to be held within this 10 day period. Government inspection procedures will be reviewed as part of this meeting. 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.

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 2) and approved for use in wetlands shall be used; if the contractor wishes to use an alternative herbicide, a request must be made to the Government POC or COR 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.

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 in Wisconsin for Forestry (Category 2.0) or Right of Way and Natural Areas (Category 6.0), (or have completed requirements necessary for license reciprocity in 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 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. Off-label applications, even if shown to be effective elsewhere, shall not be used.

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 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 government POC 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 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 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 a payment penalty or re-treatment of an area as described in Inspections and Acceptance below.

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 appropriate state official is the Department of Public Safety Duty Officer. The Wisconsin Duty Officer can be reached at 1-800-943-0003. 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 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/her 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 contractor may be required to complete and submit a detailed safety plan as part of this contract and 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. Performance inspections will consist of 1/100th acre fixed-area plot samples in which the number of target and non-target stems will be tallied as will the number of non-treated target stems and the number of damaged non-target stems. The Government may spot check up to 10% of the treatment areas with a minimum of 20 sampling points for Quality Assurance (QA). The sample will be considered to be representative of the entire treatment, and any rework or performance penalties will be calculated for the entire treatment based on the average percent of target stems treated and on the average number of non-target stems damaged.

The government will consider 90% or more of target stems treated as described in the sections above and 5% or less of non-target stems damaged to be acceptable. Any percentage outside of this range will be considered unacceptable and will necessitate re-work or a payment penalty.

Payment penalties will be the sum of the total % unacceptable (e.g. 87% target stems treated and 8% non-target stems damaged = 6% payment penalty). Re-work may include either a percent corresponding to the percent unacceptable or may include government designation of unacceptable areas, up to and including the entire treatment area.

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 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

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 after contract award

1. Contractor’s work schedule

2. Certificate of Liability Insurance

3. Contractor’s safety plan

4. Herbicide plan with herbicide list and herbicide application schedule

5. Post-application herbicide reports

11 ATTACHMENTS

Attachment 1 - Stoddard Vicinity and Prescription Map Attachment 2 - COE Approved Herbicide List Attachment 3 - Post-Application Documentation Form

(End of Summary of Changes)