Amendment 0001 - 25QA016 SOW Sturgeon Lake.docx

STATEMENT OF WORK

Reed canary-grass Control on the Sturgeon Lake Tribal Partnership Program Island Rehabilitation Project in Welch Township, MN

BACKGROUND

This scope of work describes the requirements for control of invasive species to aid survival and growth of planted trees on approximately 9.5 acres of Buffalo Slough Island. This island is located in Sturgeon Lake, a backwater lake within the Upper Mississippi River floodplain. The island is part of the tribal ownership of the Prairie Island Indian Community in Goodhue County, MN. Rehabilitation work in 2021 consisted of placement of granular material to slightly raise the island elevation. In summer of 2022, a layer of fine material was placed across the entire island to cap the granular material and to provide short-term suppression of existing vegetation. Prior to rehabilitation actions, the island was heavily dominated by reed canarygrass (Phalaris arundinacea) with scattered clumps of floodplain forest trees. In fall of 2022 through spring of 2023 willow cuttings, tree seedlings, and herbaceous seeds were planted. The objective of all plantings was 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 as well as the establishment of diverse wet meadow herbaceous species. In summer of 2023 and 2024 spot spraying was implemented to eliminate competition around planted seedlings.

The entire project area is located on the Prairie Island Indian Community (PIIC). The project is being implemented by the US Army Corps of Engineers (USACE) via the Tribal Partnership Program (TPP) to support restoration of tribal lands. Right of entry onto PIIC land is justified by the Project Partnership Agreement between the Department of the Army and PIIC for the Sturgeon Lake Island Erosion Project. However, the contractor shall notify the COR with planned times of entry at least two days in advance of entry. All rules and regulations related to use of tribal lands within the PIIC must be observed and followed throughout the duration of this project. These rules are available online at: https://prairieisland.org/our-government/ordinances.

Herbicide application will occur from June 1st, 2025 through August 31, 2025, with follow-up vegetation control treatments of residual or returning vegetation from September 1st through September 30th, 2025, and from June 1st through June 15th of 2026 and 2027. Tree planting will occur from October 15th, 2025, through May 30th, 2026. The work to be performed under this contract consists of furnishing all equipment, supplies, labor, supervision, and transportation and performing all work as required by 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 June 1, 2025, through July 30, 2027.

1.1 SITE DESCRIPTION

1.1.1 Project Area and Access

The Buffalo Slough Island is located approximately 1.3 miles east of the intersection of County Hwy 18 and Church Road in Welch township, Goodhue County, MN. The approximate coordinates of the center of the project area are at 44°38'42.6"N 92°39'06.9"W. The island is oriented in a northwest to southeast direction. The Buffalo Slough channel, which is generally more than 5 feet deep, runs to the northwest along the southwest edge of the island, while a shallower backwater area occurs along the northeast edge of the island. Access dredging occurred as part of the initial island rehabilitation to allow barges and other equipment to access the island. Vegetation establishment areas are shown in Attachment 1 – Sturgeon Lake 2024 Reed canary-grass Control Map, and total acreage for each invasive vegetation treatment are shown in the table in the Spray Prescriptions section below.

Access to the site is by boat only. A small canoe landing is located about 300 feet across the Buffalo Slough channel from the Buffalo Slough Island, however, this landing may not be used for launching motorized workboats or any other boats larger than a canoe or kayak. Use of this boat landing requires case by case approval by the PIIC. Approval may also be granted by the PIIC to use this landing for loading materials into workboats launched elsewhere. The nearest launch for motorized workboats is the Treasure Island Resort and Casino Boat Marina, which is 0.8 miles south of the island. The marina may only be used with permission of the Prairie Island Indian Community, otherwise the nearest public boat launch is Sturgeon Lake boat landing, which is approximately 1.4 miles south of the island. 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 Minnesota.

For all activities described in this contract, the Contractor must provide a least 5 business days’ notice prior to accessing the site and must receive written concurrence from the Contracting Officer’s Representative that the Contractor may access the site within the notified timeframe.

1.1.1.2 Treatment Areas

1.1.2.1 Reed Canary-grass control

There will be three distinct Treatment Areas on the island for reed canary-grass control (see Attachment 1 and Table 1 below) with different coverage of herbicide application. Conditions in the broadcast spray treatment are dominated by reed canary-grass and include some woody vegetation as well as planted seedlings, conditions in the shoreline spot spray treatment are dominated by wet meadow vegetation with patches of reed canary-grass and abundant woody regeneration as well as planted willow, and conditions in the no-spray areas are dominated by native vegetation including giant bulrush, arrowhead, rice cutgrass, and dogbane as well as some woody regeneration. The broadcast spray treatment area and the shoreline spot spray area with both be over-seeded.

1.1.2.2 Planting

There will be three distinct Treatment Areas on the island for tree planting (see Attachment 1 and Table 1 below) with different species and numbers of seedlings. Conditions in the south treatment are dominated by reed canary-grass and are mostly devoid of woody vegetation. Seedlings previously planted here had low survival. Conditions in the middle treatment are dominated by reed canary-grass with some regenerating cottonwood as well as moderate survival of previously planted seedlings. Conditions in the north treatment are dominated by reed canary-grass, but woody regeneration of cottonwood and silver maple is abundant and accompanied by high survival of planted seedlings.

1.2 PRESCRIPTIONS

1.2.1 Broadcast and Spot Spraying

Initial broadcast and spot-spray herbicide applications shall be implemented after contract award but no later than August 31, 2025, with a broad-spectrum herbicide to eliminate all reed canary-grass. Spraying shall not be done in areas marked as no-spray treatments.

The Contractor must protect the existing seedlings (both planted and natural) from herbicide drift. Avoiding damage of seedlings, both planted and naturally regenerating, will take priority over the treatments. Any tree seedlings, whether planted or natural, that are greater than 2 feet in height shall be protected from herbicide damage. A payment penalty may be applied if more than 2% of seedlings that are greater than 2 feet in height show signs of herbicide damage during quality assurance inspections. This penalty will be equivalent to the percentage of damaged seedlings greater than 2% (for example, if 5% of seedlings are damaged, a 3% payment penalty will be applied). All herbicide must be applied following specifications in the Herbicide Use Specifications Section below.

1.2.2 Bareroot and Container Seedling Acquisition, Planting and Protection.

1.2.2.1 Tree Seedling Acquisition

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 size 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. If seedlings are not available within the specified seed zones at the time required for planting, the contractor may request an alternative seed zone, but this request must be made in writing no less than 30 business days prior to the first day on the on-site performance period for planting and the contractor must receive written approval from the Contracting Officer to proceed with seedlings from an alternative seed zone.

1.2.2.2 Additional seedling size requirements

Large, vigorous seedlings are critical for planting success in the floodplain. All seedlings must meet the minimum height and basal diameter requirements in Table 1. In addition, a minimum of 60% of the planted bareroot seedlings shall be greater than 24 inches tall. A minimum of 50% of bareroot 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. Containerized seedlings must be 3 gallon containerized stocktype.

1.2.2.3 Seedling invoice

Proof of purchase of tree seedlings must be provided to the Contracting Officer no less than 30 business days prior to the first day of the on-site performance period for planting. This proof of purchase will generally be a nursery invoice. The Contracting Officer must concur that the ordered seedlings are acceptable based on the proof of purchase documentation, however, because the Contracting Officer must accept the seedlings, progress payments prior to seedling planting will not be authorized and payment for seedling purchases will be made at the same time as payment for planting (see Measurement and Payment section below for more specific details). Progress payments may be made if a portion of tree seedlings is acquired and planted prior to other seedlings.

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.

1.2.2.4 Allowed variance in seedling quantities

A +/- 10% variance is allowed for the total number of seedlings from any species without requiring authorization from the Contracting Officer, though the total number of trees for all species combined shall be no less than 946. 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 Contracting Officer. 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 and receive written authorization from the Contracting Officer.

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

1 Seed zone maps are available at: <https://www.arcgis.com/apps/webappviewer/index.html?id=7f1fbeefbc074301af487e817cbca927&extent=-13595430.6254%2C1966369.9381%2C-4202848.5897%2C7122506.1181%2C102100> The Contracting Officer 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 Contracting Officer 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.

1.2.2.5 Tree Seedling Planting

There are three distinct tree planting prescriptions, based on the location of the planting; details of spacing and required species mixes by treatment area are shown in Table 2. Treatment 1 will be planted at a spacing of roughly 9 x 9 feet, while treatment 2 will be planted at a spacing of 20 x 20 feet, but spacing may vary by +/- 50% to ensure all seedlings fit into the planting area and to account for variability in island microsites.

All treatment areas may be planted between October 15 and December 15, 2025, OR between April 1 and May 31, 2026, though the Contracting Officer may determine that site conditions and soil drying are not appropriate for fall 2025 planting and may require planting only in spring of 2026. Due to the possibility of soil freezing, it is desirable to implement the planting as soon as possible in the fall.

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

Planting Tr1, 1.5 ac (9 x 9)

Planting Tr 2, 1.3 ac (20 x 20)

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 Contracting Officer 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 Contracting Officer 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.

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 (but not below 33 degrees) from the day the Contractor acquires them until the day of planting. The storage facility or mobile unit must be large enough to hold the total number of seedlings required in the contract and must be able to keep the temperature between 33- and 40-degrees Fahrenheit at all times. In addition, the roots of the seedlings must not be allowed to desiccate. In the field, seedlings shall be stored in full shade or under reflective tarps 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.

Seedling handling and planting Quality bareroot 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. Containerized tree seedlings also have large root systems and may be rootbound. If seedlings are rootbound, roots should be partially broken apart prior to planting to stimulate vigorous new root growth.

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. If tags are present on any seedlings, these tags should be removed from the seedlings.

1.2.2.6 Tree Protection

A plastic tree shelter should be placed around each planted bareroot or containerized seedling. The tree tube should be a minimum of 36 inches tall. To support the tree tube, a stake with sufficient strength to support the tree and tube that is of the same height as the tube should be placed outside the tube to support the tube and driven at least 14 inches into the ground. The clearance between the top of the stake and the top of the tube shall be no more than 16 inches (i.e. the stake should be driven no more than 16 inches into the ground) The stake should be attached to the tree tube with zip ties..

1.2.3 Herbaceous seeding

1.2.3.1 Seed acquisition

A seeding of native herbaceous perennials, a cover crop, and river birch will be conducted prior to or concurrent with tree seedling planting, from October 15 – December 1, 2025, for seeds of sedge, cool-season grasses, and forbs, and from March 1st-May 31st , 2026 for seeds of warm season grasses and plugs of live plants. The species and seeding rates required for this seeding are shown in Table 3. Substitutions may be allowed based on seed availability but require a written request from the contractor at least 30 business days prior to the initial seeding date and written approval from the Contracting Officer for the substitution. Seeding will be augmented with plugs of live plants, focused on areas where seed distribution is impeded and in areas prone to erosion.

All seed weights are given as Pure Live Seed (P.L.S.) Provide seed collected in 2025 (no 2024-collected seed will be accepted) from a local genotype from within 200 miles of the jobsite. Either invoices or package labels the producer's guaranteed analysis for mixture percentage, purity, germination, weed seed content, and inert material must be provided prior to initiating seeding. Labels must conform with AMS Seed Act and applicable state seed laws. Weed seed shall not exceed 1 percent by weight of the total mixture.

Table 3. Herbaceous and cover crop seeding rates.

1.2.3.2 Seed installation

All herbaceous, cover crop, and tree seeding shall be implemented between October 15 and December 1, 2025. Spray Treatment Areas 1 and 2 will be seeded. Spray Treatment Area 3 will not be seeded. Seeding work may be conducted by hand or using ATV or UTV, but damage of tree seedlings by vehicles must be avoided.; pneumatic-tired tractors may be used but are not required.

Seed shall not be broadcast when winds exceed 5 miles per hour.

1.2.4 Quality Assessment

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

60% of bareroot seedlings are the minimum height listed in table 2 50% of bareroot seedlings have the minimum basal diameter listed in table 2 95% of Government sampled planted trees are within +/- 50% 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 Contracting Officer 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 reed canary-grass

· <2% of tree seedlings >2 feet tall show evidence of herbicide damage Up to 5% of the treatment area will be sampled in initial quality assessments by the Contracting Officer. If, based on the initial sample, application 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 herbicide application 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 treatment area falling outside of specifications in the 10% sample. This performance penalty may be assessed either as a pay reduction equivalent to the percentage of herbicide applications, or by requiring rework of equivalent to the percentage of unacceptable application. Planting rework will require return to the site at least a season after the initial treatment, but before contract expiration. Any rework will be at no additional cost to the Government.

1.2.5 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 Contracting Officer 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 Contracting Officer 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.

HERBICIDE USE SPECIFICATIONS

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 02 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.

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 the post-award submission a minimum of 10 days prior to herbicide application. Only herbicide formulations in the Government list (Attachment 3) 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 Contracting Officer 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 or spot 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.

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 Forestry, Rights-of-Way, and Natural Areas (Category J) for Minnesota, (or have completed requirements necessary for license reciprocity in Minnesota) and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. Contractors shall keep 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. 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.

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 based on Quality Assessments as described in the Quality Assessment section below.

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.

Tree Seedling Herbicide Damage If herbicide damage is observed on planted tree seedlings and leads to decline in seedling vigor or mortality, the Contracting Officer may require replanting of a portion or all of the damaged or killed tree seedlings at no expense to the Government. The determination of herbicide-caused damage or mortality may be made by the Contracting Officer at any time during the growing season in which herbicide application occurred, and replanting requirements must be completed within the growing season following the determination by the Contracting Officer of herbicide damage.

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.

Sign Posting After herbicide application the Contractor shall post three signs on the island informing the public the dates of the herbicide treatment and indicating no plant harvest should be done for one year after treatment.

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.

All 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 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. 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. Invoices submitted PRIOR to completion of Government Quality Assurance checks or less than 10 business days following completion of work may also be rejected.

Payment on this contract will be based on the CLINs and only for the total amounts for each CLIN.

Table 1: List of Work to be Performed.

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.

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.

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 Minnesota Duty Officer can be reached at 1-800-422-0798. There is someone on duty at this number 24 hours a day.

Subsequent to these actions, the Contractor shall take actions to clean up the spill 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).

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 contractor will be required to submit a safety plan that incorporates requirements included within EM 385-1-1.

INSPECTIONS AND ACCEPTANCE

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

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, runoff, 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.

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.

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

SUBMITTALS

To be submitted following award:

1. Contractor work schedule

2. Herbicide plan

3. Post-application herbicide reports

ATTACHMENTS

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