A.02.12 herbicide application - PWS.pdf

U.S. Army Corps of Engineers

Raystown Lake Project

Herbicide Application Services

Performance Work Statement

1. GENERAL

1.1 Introduction. The work to be performed under this contact shall consist of furnishing all labor, equipment, and materials necessary to provide herbicide application services at various locations including recreation and non-public use areas located throughout the Raystown Lake Project in accordance with the term of this contract.

Raystown Lake is in Huntingdon and Bedford counties in South Central Pennsylvania, approximately 95 miles west of Harrisburg and 175 miles east of Pittsburgh. It is south of the town of Huntingdon and approximately 70 miles north of the Pennsylvania - Maryland border. The dam-site is on the Raystown Branch of the Juniata River with the main access to the project via Rt. 26 S. from Rt. 22 to the North and Rt. 26 N. from the Pennsylvania Turnpike.

The contractor will perform all work to the satisfaction of the Contracting Officer or his/her authorized representative.

1.2 Definitions. As used through this performance work statement, the following terms shall have the meaning set forth below.

a. Contractor. The term “Contractor” refers to the prime contractor and all contractor employees and personnel. The prime contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

b. Contractor Representative. The term “Contractor Representative” refers to a foreman or superintendent, assigned to represent the interest of the contractor regarding all matters involving the contract.

c. Contracting Officer (CO). The term “Contracting Officer” refers to the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of an Officer acting within the limits of their authority.

d. Contracting Officer’s Representative (COR). The term “Contracting Officer’s Representative” refers to the person designated in writing by the Contracting Officer to be responsible for administration of the contract.

e. Ordering Officer. The term “Ordering Officer” refers to the individual designated in writing by the Contracting

Officer to be responsible for administration of the contract.

f. Delivery Order (DO). The term “Delivery Order” refers to the document used to order the services under this contract. These orders shall be issued by the Ordering Officer.

g. Quality Control. The term “Quality Control” refers to action taken by the contractor and /or their personnel to document, inspect, and control performance of services to insure they meet the specifications and requirements of this contract.

DRAFT

h. Quality Assurance. The term “Quality Assurance” refers to action taken by the Government to ensure the contractor’s quality control system is functioning and that the Contractor is providing services, which are in accordance with this contract.

1.3 Contractor Capability. The contractor shall furnish all labor, equipment, materials, and quality assurances necessary to apply herbicides at the Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers in accordance with the specifications contained herein.

1.4 Pre-Work Conferences. The contractor is required to attend a pre-work conference prior to the commencement of work for each delivery order. The purpose of the meetings will be to review the contract, verify insurance, and review the accident prevention plan, and the safety plan requirements. The meetings will be held at Raystown Lake at a time that is mutually agreeable to the Contractor and the Government.

1.5 Normal Working Hours. Spraying must be completed to achieve maximum treatment results. The Contractor may apply herbicides only between 6:30 AM and 6:00 PM, Monday through Friday, excluding holidays, unless otherwise specified by the Contracting Officer’s Representative.

2. CONTRACT TREATMENTS

2.1 The contract period will consist of one (1) base year and four (4) option periods, as shown below:

Base Year Award – December 31, 2022

Option Year 1 January 01 – December 31, 2023

Option Year 2 January 01 – December 31, 2024

Option Year 3 January 01 – December 31, 2025

Option Year 4 January 01 – December 31, 2026

2.2. Herbicide application services at the Raystown Lake Project include four treatment categories: Recreation Areas, Raystown Dam Areas, Chestnut Orchard Areas, and Food Plot Areas.

When selecting herbicides, the Contractor shall take into consideration that the dam and recreation areas are frequented by the public and that a freshwater lake and streams are in proximity. Restricted use herbicide is not permitted for use without approval from the Contracting Officer’s Representative. The Contractor MUST use a chemical approved for an aquatic environment within 25ft of any water body, stream, wetland, vernal pool, etc.

The Contractor shall use a solution containing both pre-emergent and contact herbicides to spray 100% of the designated treatment areas to achieve 100% mortality of existing vegetation and that shall sustain all treatment areas free from vegetative growth during the periods defined below in each of the treatment areas. The pre-emergent(s) selected must be odorless, non-staining to surfaces, and be provided to the government for review and acceptance prior to application. It shall be the responsibility of the contractor to apply additional (one or more) follow-up treatment(s) or a spot type treatment(s), at no additional charge to the Corps, to achieve and maintain 100% mortality.

a. Recreation Areas. The Contractor shall use herbicide treatment to kill and prevent unwanted vegetation that primarily includes grass, broadleaf plants, and woody stem growth from designated recreation areas. This may include facilities such as parking lots, campsites, playground, gravel walkways/trails, overlooks, picnic pads, etc. Work will include treatment of the entire acreage. This treatment category totals 27.89 acres and shall be free from vegetative growth from April 15-Sept 30. Treatment maps are included in Appendix A.

b. Raystown Dam Areas. The Contractor shall use herbicide treatment to kill and prevent unwanted vegetation that primarily includes grass, broadleaf plants, and woody stem growth from the various locations that comprise the

Raystown Dam. This may include features such as the “faces” or breast of the dam, gated abutments, guardrails, signs, fencing, etc. Work will include treatment of the entire acreage. This treatment category totals 19.13 acres and shall be free from vegetative growth from April 15-Sept 30. Treatment maps are included in Appendix B.

c. Chestnut Orchard Areas. The Contractor shall use herbicide to kill and prevent unwanted vegetation that primarily includes grass, broadleaf plants, and woody stem growth from the various locations that comprise Raystown’s chestnut orchards. This may include fence lines, tree cages, tree tubes, etc. Work will include treatment of the entire acreage.

This treatment category totals 0.25 acres and shall be free from vegetative growth from April 15-Sept 30. Treatment maps are included in Appendix C.

d. Food Plot Areas. The Contractor shall use herbicide to kill and prevent unwanted vegetation that primarily includes grass, broadleaf plants, and woody stem growth for no-till planting of corn and/or other crops for the purpose of providing wildlife forage areas. Work will include treatment of the entire acreage. This treatment category totals 20.94 acres and shall be free from vegetative growth from April 15-Sept 30. Treatment maps are included in Appendix D.

2.3. The Contractor shall contact the Raystown Lake Project Office by March 15 to discuss treatments and coordinate a treatment schedule. Initial spray treatment shall be completed on or before April 15. The Contractor is required to conduct monthly inspections of all treatment areas. Any and all areas with vegetative growth shall be resprayed immediately to maintain 100% mortality. The Contractor shall provide the Contracting Officer’s Representative a schedule outlining the order of sprayings and inspections, including the dates and estimated times, for all herbicide applications prior to beginning treatment. Applications will be in accordance with the submitted schedule. Variations from the schedule more than one day must be approved before work can continue. The schedule will be resubmitted when variations of more than two days occur. This schedule will be used in part to provide a fair and accurate inspection of the Contractor’s work.

2.4. The Contractor shall select herbicides based on required use of pre-emergent/contact herbicide, vegetation present, vegetation to be eradicated or prevented, toxicity, environmental concerns, sites to be treated, etc.

2.5. A dye solution shall be mixed with the herbicide(s) to assist the Contractor and Government inspector in determining spray patterns and adequate coverage.

2.6. The herbicide(s) will be applied to achieve thorough even coverage, but not to the point of run-off. Application methods should thoroughly wet all target vegetation to ensure mortality. After the prescribed amount of time as indicated by the chemical label, treatments shall result in 100% mortality of existing vegetation and shall sustain all treatment areas free from vegetative growth from April 15-Sept 30. It shall be the responsibility of the Contractor to apply additional (one or more) follow-up treatments or a spot type treatment, at no additional charge to the Corps, to achieve and maintain 100% mortality of target vegetation.

2.7. Equipment utilized in the herbicide treatments may include boom sprayer, backpack sprayer, vehicle mounted tank with hose, handgun type system, etc. Use of spray vehicles off designated roadways is subject to the approval of the

Government.

2.8. The Contractor’s spray methods shall establish and maintain a uniform symmetrical line at the outside edge of all application areas.

2.9. The Contractor shall submit completed Post Application Documentation Forms (Attachment D) for each spray category.

3. CONTRACTOR PROVIDED MATERIALS AND RESPONSIBILITIES

3.1. The Contractor shall furnish all labor, equipment, materials, and quality assurances necessary to apply herbicides to unwanted vegetation at the Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers in accordance with the specifications contained herein.

3.2. There must be at least one Contractor employee with current applicator certification/license on site during all applications. That employee must possess a current Pennsylvania Commercial Applicators Pesticide License under the appropriate category for which treatment is taking place. Some expected licensing requirements may be Park

Pest Control (23), Weed (14), Right of Way (10), Lawn and Turf (07), Ornamental and Shade Trees (06), Aquatic

(09). This listing is intended as informational only. State laws covering types of licenses may require different categories other than listed here. A copy of the licenses must be furnished to the Contracting Officer’s Representative prior to the commencement of work in any contract year.

3.3. The Contractor shall furnish the Raystown Office copies of the current herbicide labels and Safety Data Sheets (SDS) prior to the application of each herbicide utilized in the treatment. The Government reserves the right to review and/or deny the use of any chemical to be applied on the project site.

3.4. The contractor is responsible for the calibration of his equipment and the application methods to achieve the specified rates of application.

3.5. The moving and replacing of all portable U.S. Government obstructions (such as picnic tables) within the application site is the responsibility of the contractor. Visitor’s property that cannot be moved by the contractor (such as vehicles or camping equipment) should be avoided and the area blocked by those obstructions should be treated at a later time at no additional cost to the Government. If the Contractor cannot apply the treatment due to visitor obstructions after a repeat attempt and as approved by the Contracting Officer’s Representative, an equitable adjustment will be made to the square footage and reflected in the invoice.

3.6. The Contractor shall coordinate the locations for mixing and preparing herbicides with the Manager or his representative. A spill containment system will be properly used during all mixing operations on Government property and will be approved by the Manager or his representative. The Contractor shall notify the Contracting

Officer’s Representative, Raystown Lake immediately of any non-contained herbicide or insecticide spill and take appropriate action to mitigate the spill and decontaminate the site.

4. GOVERNMENT PROVIDED MATERIALS

4.1. The Government shall provide a “Safety and Health Requirements Manual”. The updated manual can be found at the following website: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-

1.pdf

4.2. Keys will be provided by the Government for executing the duties of this contract as per Section 9.

5. GENERAL SPECIFICATIONS

5.1. The Contracting Officer’s Representative, Raystown Lake reserves the right to modify application period dates based upon the effect of local weather and water conditions on weed growth. Notification will be in writing prior to the beginning of an application period.

5.2. The contractor shall not apply herbicides during periods of inclement weather, or under any conditions where even coverage cannot be obtained, or where excess spray drift or run off may occur. The manager or his designated representative may, based on independent judgment, halt work based on inappropriate weather.

5.3. The contractor may not fill pesticide tanks from any Corps body of water or Corps water source without prior inspection and approval of filling hoses, valves, (check valves required) and pumps by the Contracting Officer’s

Representative, Raystown Lake or his designated representative.

5.4. Before cleaning of any equipment on project lands, the contractor must contact the Contracting Officer’s

Representative, Raystown Lake for approval.

5.5. All work shall be subject to the inspection of Corps representatives as well as inspectors with other appropriate Federal agencies, the Pennsylvania Department of Environmental Protection, and the Pennsylvania Department of

Agriculture. No portions of this contract shall negate the applicability or requirements of any State Laws or regulations pertaining to Pesticide Management.

5.6. The contractor and all contractor employees shall be subject to the rules and regulations provided in Title 36, Code of

Federal Regulations, Part 327, during the performance of this contract. A copy of these provisions will be provided by the Government.

5.7. Any work performed outside the scope of this contract must be negotiated in advance. Failure to acquire advance approval will result in the contractor NOT being compensated for the work performed outside the scope.

6. SAFETY

The Contractor and Contract Employees shall meet all applicable requirements of Corps of Engineers Manual EM 385-1-1 entitled “Safety and Health Requirements Manual” (website location http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf), OSHA Regulations, and all State and Local safety codes while in performance of this contract.

6.1. Accident Prevention Plan. The Contractor shall develop and submit a written detailed accident prevention plan. This plan must indicate in detail the general policies and procedures for safe operation in the accomplishment of this contract. A cover letter identifying the Contractor or Company name, address, phone number, email (if applicable), Contract number and current year will accompany the plan. The plan will show how the Contractor intends to perform all services in full compliance with the safety requirements set forth in EM 385-1-1, Appendix A. A signed letter of certification which references the contract and current year and states if the original plan remains current (or lists changes if applicable) is acceptable following the base year pre-work conference. All plans, or subsequent revisions, must be acceptable to government BEFORE work commences. An example Accident Prevention Plan outline and checklist of requirements in included as Appendix E.

6.2. Safety Officer. The Contractor shall designate a Contract Employee to be responsible for overall supervision of accident prevention activities. Such duties will include assuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures are in action.

6.3. Reporting. The Contractor shall maintain an accurate record of, and report to the COR exposure data. All accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract will be documented. All accidents shall be reported within 24 hours of the occurrence. All accidents resulting in death or injury requiring medical attention shall be reported immediately.

6.4. The Contractor shall observe all speed limits and other posted traffic signs in the operation of vehicles and equipment.

Trucks or other vehicles will be operated in a safe manner and will not be parked in unsafe positions.

6.5. The Contractor shall exercise care and safety in the application of herbicides, taking necessary precautions to avoid contamination of the water, damage to private property, damage to government property (excluding the target areas defined within this contact) and injuries to the contractor, government employees, and the public. The Contractor must post warning signs at a minimum of one hundred (100) feet around the perimeter of the spray areas. Warning signs must be visible and legible to the naked eye for at least fifty (50) feet. If the site is accessible in only one direction, one sign shall be sufficient. Sign wording and format shall be approved by the Contracting Officer’s

Representative.

6.6. Contractors must comply with any and all parts of the current labels for all chemicals used, as well as all applicable

Federal, State, and Local regulations pertaining to the storage, handling, application, record keeping, licensing, equipment, and insurance required for these particular pesticides and applications.

• The Contractor shall not store herbicides on site.

• Any vehicle used to store or transport pesticides must have locking storage compartments.

• All unused pesticides and containers must be disposed of in accordance with all federal, state, and local regulations.

7. QUALITY CONTROL

The Contractor is responsible for establishing and maintaining adequate quality control to insure satisfactory performance of contract work in accordance with specifications. This feature will be assured by a comprehensive Quality Control Plan developed by the Contractor and approved by the COR prior to initiating work. The Government will monitor all work to assure compliance with the Contractor Quality Control Plan and that the Contractor’s performance meets Contract specifications.

7.1. Quality Control Plan. The Contractor shall submit for the COR’s approval, a written detailed Quality Control Plan.

This plan must indicate in detail, an inspection system covering all work performed under this contract. A cover letter identifying the Contractor or Company name, address, phone number, email (if applicable), Contract number and current year will accompany the plan. This plan will be submitted 14 days from the award date. A signed letter of certification which references the contract and current year and states if the original plan remains current (or lists changes if applicable) is acceptable following the base year pre-work conference. All plans, or subsequent revisions, must be acceptable to government BEFORE work commences. This plan shall include, at minimum, the following items.

7.1.1. QC Designation. The Contractor shall provide a signed letter to the COR designating the name(s) of the

Contractor’s QC(s) who will be physically present on site with authority and power to conduct all overall management, coordination, and supervision whenever work specified herein is being performed. This letter shall also include the QC(s) schedule(s) of work and contact information.

7.1.2. Inspection Schedule. The Contractor shall provide a schedule which identifies the frequency of Quality

Control inspections.

7.1.3. Communication Plan. The Contractor shall provide a communication plan which demonstrates the

Contractor’s ability to maintain communications between Contract Employees and the Government personnel during times when services under this contract are being performed. This plan must include contact phone numbers and email addresses used, and/or identification of alternate method of communication. Although the Corps of Engineers does not endorse any product or service provider, cellular communication using area providers (Verizon and AT&T for highest quality reception) is recommended to meet this requirement.

7.1.4. Service Procedure. The Contractor shall provide for the contract employee’s use, service procedures for each type of facility. This plan will include a sequence of actions that will result in meeting contract requirements at that type of facility. Itemized plans in checklist or bullet format are acceptable.

7.1.5. Revisions. The Contractor shall provide notification of any changes, additions or any other modification of this plan for KO and COR approval BEFORE incorporating said revision into the performance of services under this contract.

7.2. Post Application Documentation Form. The Contractor shall complete the reporting form upon completion of each spray treatment area or spray treatment day. Copy of reports shall be provided to the COR upon invoicing.

8. QUALITY ASSURANCE

The Government Quality Assurance Surveillance Plan (QASP) is subject to change during the life of this contract and the

Contractor will be made aware of any changes. The quality assurance plan referenced below is included for information purposes only.

8.1. Inspections. The Government will inspect the Contractor’s services to assure the requirements of the contract are provided as specified, with deficiencies brought to the attention of the Contractor. The Government has the right to inspect and test all services called for by the contract, to the extent practicable always and places during the term of the contract.

The Government will perform inspections and tests in a manner that will not unduly delay the work.

8.2. Re-Inspection. Should it become necessary for the QA to perform re-inspections of defective work that was required to be redone and was not performed (due to failure of the Quality Control system), the government may withhold payment for the service that was not performed and document the Contractor’s performance as unsatisfactory.

8.3. Methods. The Government will monitor the Contractor’s services using the planned sampling method. The frequency of inspection will vary from not less than 25% of the work accomplished to 100%.

9. SECURITY

The Contractor and Contract Employees shall insure all doors, gates and other areas will be secured, in the manner in which they were encountered, upon vacating the area.

9.1. Keys. The Contractor and Contract Employees shall be issued keys to access contract areas exclusively for the performance of this contract.

9.2. Restrictions. Any use of Government keys other than for the performance of this contract is strictly prohibited.

Making or being in the possession of duplicate keys is prohibited. Misuse of keys is grounds for dismissal of Contract

Employees or termination of the contract.

9.3. Loss. Any loss of keys shall be reported to the Government within 24 hours. Any loss of the keys and/or failure to report the loss shall result in a cost equitable for replacement of the leys and/or the burden of reestablishing the integrity of the project lock and key system.

9.4. Access and General Protection/Security Policy. All contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures

(provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by Project Manager. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the

Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

9.5. Suspicious Activity Reporting Training. (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor shall receive a brief/training (provided by the COR) on the local suspicious activity reporting program.

This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Project manager or his/her authorized representative. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

9.6. Escorts. The contractor shall coordinate with the COR and/or the facility security office for access when required.

All contract employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

9.7. Pre-Screen Candidates Using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify

Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The

Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensuring the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR within 3 days of contract award.

10. PERSONNEL

10.1. Contractor Personnel. A list of all employees required to satisfactorily perform the requirements of this contract shall be furnished by the Contractor. The Contractor shall provide adequate supervision of his/her employees to ensure compliance with contract specifications.

10.2. Requirements. All Contract Employees must meet the following requirements prior to starting and during the performance of this Contract.

• U.S. CITIZEN: Contract Employees must be citizens of the United States of America, be an alien under lawful admittance for permanent residence as evidenced by an Alien Registration Receipt Card (Form 1-151) or be able to present other INS evidence that employment will not affect his/her immigration status.

• AGE: Contract Employees must be at least 18 years of age.

• DRIVERS LICENSE: Contract Employees must possess a current driver’s license valid in the

Commonwealth of Pennsylvania.

• GENERAL: Contract Employees must be in good health. The Contractor shall insure on-site representative(s) ability to communicate in the English language.

10.3. Misconduct. The Government reserves the right to dismiss Contract Employees or terminate the contract for failure

(single or repetitive) to meet any of the requirements and standards contained herein; or which causes discredit to the

Government or Contractor, as determined by the COR.

10.4. Behavior. The Contractor and Contract employees will hold themselves to the standard of acceptable behavior expected of the public and to all rules and regulations for Government property and facilities, while on project lands and/or in performance of Contract duties. The COR reserves the right to deem any behavior not addressed herein as unacceptable.

10.4. Drugs and Alcohol. Contract Employees shall not use or be under the influence of drugs or alcohol at anytime while in the performance of the contract.

10.5. Government Personnel. Government Employees may be in close proximity to the Contractor’s designated area of work. The Contractor shall cooperate fully with all Government Employees and shall not impede the work of others in any way.

http://www.dhs.gov/E-Verify)

11. INSURANCE REQUIREMENTS

11.1. Required Insurance. The Contractor shall procure and maintain, during the entire period of performance under the contract, the following minimum insurance in the amounts listed.

• Comprehensive General Liability, Bodily Injury or Death $500,000 per occurrence

• Motor Vehicle Liability (for each motor vehicle) $200,000 per person

• Bodily injury or death occurrence $500,000 per occurrence

• Property Damage occurrence $ 20,000 per occurrence

• Workers’ Compensation and Employer’s Liability $100,000 per person

11.2. Documentation. Within 14 days of award, the Contractor shall furnish to the Contracting Officer (KO) and

Contracting Officers Representative (COR) a current certificate or written statement of insurance requirements of the contract. Policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the Laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer. Additionally, said policies shall list the Government as additionally insured.

12. INSPECTIONS, DEDUCTIONS AND DEFAULT

12.1. Inspections. All work shall be performed in an orderly fashion consistent with the specifications as outlined in this contract. The success of the treatments shall be determined through field inspection and approval by the COR. The

COR shall inspect the treated areas after treatment has had time to show results. Inspections will be accomplished by

Government personnel using a sampling method of inspection of a minimum 25% up to 100% of the application. It shall be the responsibility of the contractor to apply additional (one or more) follow-up treatment(s) or a spot type treatment(s), at no additional charge to the Corps, to achieve and sustain the required mortality rate.

12.2. Deficiencies. If any of the services, in any measure, do not conform with contract requirements the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When defects in services cannot be corrected by re-performance, the Government may require the

Contractor to take necessary action to ensure that future performance conforms to contract requirements, at no increase in contract amount.

12.3. Deductions. If the Contractor fails to correct defects by re-performance and/or take the necessary action to ensure future performance in conformity with contract requirements in a timely fashion the Government may, by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service. These charges will be deducted from the Contractor’s next invoice

(FAR52.246-4). The Contractor shall be provided an itemized breakdown of each deduction made.

12.3.1. The Contractor shall be responsible for repairing or replacing damaged property to the satisfaction of the

COR due to Contractor negligence. Repairs or replacement of damaged property must be made within seven days or less of the incident (as determined by the COR) or, with the prior approval of the COR, the

Government will make all necessary repairs or replacement of damaged property and all costs associated with said repairs or replacement will be deducted from the next invoice received from the Contractor.

12.3.2. Default of the contract shall be considered for various reasons relating to nonperformance of the contractual specifications. Following is a partial listing of reasons for which default may be considered:

• Repetitive failure to adhere to contract specifications

• Repetitive deductions for non-performance

• Repetitive safety violations

• Repeated abuse of key privileges

• Excessive cases of damage to Government or private property

• Excessive cases of substantiated public complaint

13. INVOICES AND PAYMENT

13.1. Invoices. The Contractor shall submit invoices as follows:

13.1.1. Recreation Areas. The Contractor may submit an invoice for 75% of this line item pending Government approval of 100% mortality of existing vegetation after treatment. The Contractor may submit an invoice for the remaining 25% of this line item on or after October 1 pending Government approval that all treatment areas were sustained free from vegetative growth from April 15 – Sept 30.

13.1.2. Raystown Dam Areas. The Contractor shall submit an invoice for 75% of this line item pending Government approval of 100% mortality of existing vegetation after treatment. The Contractor shall submit an invoice for the remaining 25% of this line item on or after October 1 pending Government approval that all treatment areas were sustained free from vegetative growth from April 15 – Sept 30.

13.1.3. Chestnut Orchard Areas. The Contractor shall submit an invoice for 75% of this line item pending

Government approval of 100% mortality of existing vegetation after treatment. The Contractor shall submit an invoice for the remaining 25% of this line item on or after October 1 pending Government approval that all treatment areas were sustained free from vegetative growth from April 15 – Sept 30.

13.1.4. Food Plot Areas. The Contractor shall submit an invoice for 75% of this line item pending Government approval of 100% mortality of existing vegetation after treatment. The Contractor shall submit an invoice for the remaining 25% of this line item on or after October 1 pending Government approval that all treatment areas were sustained free from vegetative growth from April 15 – Sept 30.

All invoices shall contain the following information:

• Contractor Name and Address (exactly as it appears on the contract)

• Contract Number

• Date of Invoice Submission

• Invoice Number

• Total Square Footage/Acreage accepted as complete

• Unit Cost

• Invoice Total

13.2. Corrections. Incorrect invoices will be returned to the Contractor for correction before processing payment.

Corrected invoices shall be re-dated to reflect the new submission date.

13.3. Submission of Invoices.

(a) Original invoices for services performed under the contract will be submitted to:

US Army Corps of Engineers, TO: Dana.A.Burk@usace.army.mil

Raystown Lake Project CC: Glenn.E.Werner@usace.army.mil

ATTN: Dana A. Burk

6145 Seven Points Road

Hesston, PA 16647

(b) Payment will be made after approval from COR by:

USACE FINANCE CENTER

ATTN: DISBURSING

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

13.4. Payment. Payments shall be made for items accepted by the Government in accordance with the Prompt Payment

Act. All elements of the specifications per contract line shall be accepted by the COR in order to receive payment.

END OF SCOPE OF WORK

Technical Exhibit 1 - Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

The contractor shall furnish all labor, materials, and equipment necessary to perform herbicide application services on the

Raystown Lake Project in

Huntingdon County, Pennsylvania in accordance with the specifications contained herein.

Standard Performance Threshold

Method of

Surveillance

PRS # 1.

The contractor shall provide an

Accident Prevention Plan.

The contractor shall follow the standard established in EM

385-1-1.

Submission shall be within 14 days from the award date and any discrepancies shall be corrected within 3 business days, with no work being accomplished until the

Plan is in accordance with EM 385-1-1.

The Government will perform a 100% review of the Accident Prevention Plan, including review by USACE

Safety Officer, to ensure it meets the requirements set forth in EM 385-1-1. (100%

Inspection)

PRS#2

The Contractor shall comply with all safety requirements set forth in the Accident Prevention Plan.

The contractor shall follow the standard established in PWS

Section 6.

The maximum safety violations documented are no more than 5 violations in a contract year.

The Government will document safety violations.

PRS # 3

The Contractor shall provide an herbicide application schedule per task order.

The contractor shall follow the standard established in PWS

Section 2.

The minimum acceptable level of performance is a schedule that meets all the requirements set forth in

PWS Section2.

The Government will review the schedule and monitor for variations.

PRS # 4

The contractor shall provide an acceptable Quality Control Plan within a timely manner.

The contractor shall follow the standard established in PWS

Section 7.

The contractor shall submit a Quality Control Plan 14 days from the award date, with required revisions submitted with 3 business days after notification by the government.

The Government will perform a 100% review of the Quality

Control Plan to ensure it meets the requirements set forth in

PWS Section 10.0. (100%

Inspection)

PRS #5

The Contractor shall procure and maintain insurance.

The contractor shall follow the standard established in PWS

Section 11.0.

The minimum acceptable level of performance is insurance certificate meeting all the requirements set forth in

PWS Section 11.0. Must be submitted 14 days from the award date.

The Government will perform a 100% review of insurance to ensure it meets the requirements set forth in PWS

Section 11.0 (100% Inspection)

PRS #8

The Contractor shall not fail to adhere to contract specifications.

The contractor shall follow the standard established in PWS

Section 12.

The maximum documented failure to re-perform is 5 times in a contract year.

The Government will document request corrective actions for failure of specifications and withhold payment for non-performance and document unsatisfactory performance.

PRS#10

The Contractor shall not damage

Government or private property.

The contractor shall follow the standard established in PWS

Section 12.

The maximum documented damages to Government or private property is no more than 3 times in a contract year.(exceeding $1,000 thresholds)

The Government will document damages to

Government or private property.

PRS #11

The Contractor shall not abuse key privileges.

The contractor shall follow the standard established in PWS

Section 9.

The contractor shall not duplicate & loan keys on one occasion or losing keys more than 2 occasions in a contract year.

The Government will document findings and report abused key privileges.

Technical Exhibit 2-Deliverables

Deliverables

Frequency # of

Copies

Medium/Format

Please submit email copy of all deliverables to the

COR & KO

(Microsoft Office version 2010 or newer).

Submit To

Accident Prevention

Plan

Within 14 days of contract award.

1 Paper/Hard Copy and Email

ATTENTION:

Glenn E. Werner

6145 Seven Points Road

Hesston PA 16647

Glenn.E.Werner@usace.army.mil

Quality Control Plan Within 14 days of contract award.

1 Paper/Hard Copy and Email

ATTENTION:

Glenn E. Werner

6145 Seven Points Road

Hesston PA 16647

Glenn.E.Werner@usace.army.mil

Application Schedule Annually, prior to

April 15

1 Excel

Spreadsheet

Electronically

ATTENTION:

Glenn E. Werner

6145 Seven Points Road

Hesston PA 16647

Glenn.E.Werner@usace.army.mil

Employee List, Pesticide Applicator

License, Safety Data

Sheets (SDS), and

Chemical Label

Annually, prior to

April 15

1 Paper/Hard Copy and Email

ATTENTION:

Glenn E. Werner

6145 Seven Points Road

Hesston PA 16647

Glenn.E.Werner@usace.army.mil

Post Application

Documentation Forms

With

Invoice

1 Paper/Hard Copy and Email

ATTENTION:

Glenn E. Werner

6145 Seven Points Road

Hesston PA 16647

Glenn.E.Werner@usace.army.mil

Insurance Within 14 days of contract award.

1 Paper/Hard Copy and Email

ATTENTION:

Glenn E. Werner

6145 Seven Points Road

Hesston PA 16647

Glenn.E.Werner@usace.army.mil

Suspicious Activity

Reporting Training

Within 30 days of contract award.

1 Paper/Hard Copy and Email

ATTENTION:

Glenn E. Werner

6145 Seven Points Road

Hesston PA 16647

Glenn.E.Werner@usace.army.mil

Pre-Screen Candidates-

E-Verify Program

Within 3 days of contract award.

1 Paper/Hard Copy and Email

ATTENTION:

Glenn E. Werner

6145 Seven Points Road

Hesston PA 16647

Glenn.E.Werner@usace.army.mil