A21 - (B) SOW CFLD Vegetation Revised.pdf

PERFORMANCE WORK STATEMENT FOR VEGETATION CONTROL

CAPE FEAR LOCK AND DAMS

BLADEN COUNTY, NC

I. GENERAL

The work shall consist of furnishing all labor, equipment, vehicles, and materials necessary to perform hillside vegetation clearing and herbicide applications to shoreline rip rap and lock esplanades at all 3 Cape

Fear Lock and Dam locations in Bladen County, North Carolina.

II. LOCATIONS

1. Cape Fear Lock and Dam 1: 966 Lock #1 Road, Riegelwood, North Carolina 28456

2. Cape Fear Lock and Dam 2: 645 Lock #2 Road, Elizabethtown, North Carolina 28456

3. William O. Husk Lock and Dam: 1248 Bill Hall Road, Fayetteville, North Carolina 28306

III. PERIOD OF PERFORMANCE

Base Year: from date of contract award – 05/14/2023

Option Year 1: 05/15/2023 – 05/14/2024

Option Year 2: 05/15/2024 – 05/14/2025

Option Year 3: 05/15/2025 – 05/14/2026

*Contract period of performance will run for 12 months with each year; however, actual services shall be performed between May 15 and September 30 each year only.

IV. NORMAL WORKING HOURS

Normal workings hours for the Contractor shall be Monday – Friday 8AM – 4:30PM EST, unless otherwise specified, or as specifically approved in advance by the on-site USACE personnel. No work on site other than specified will be permitted without specific approval by the Contracting Officer’s Representative.

V. DEFINITIONS

CONTRACTOR – The “Contractor” shall be the individual whose bid was accepted by the U.S. Army

Corps of Engineers and who shall gain the responsibility of performing the duties governed by the specifications of this contract. The Contractor shall be responsible for ensuring that all subcontractors comply with the provisions of this contract.

CONTRACTOR REPRESENTATIVE - A foreman or superintendent, assigned to represent the interests of the Contractor with regards to all matters involving the contract, shall be a ble to speak and understand

English fluently.

CONTRACTING OFFICER (CO/KO) - The term “Contracting Officer” means the person executing this contract on behalf of the Government, and any other officer of civilian employee who is properly designated Contracting Officer, and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.

CONTRACTING OFFICER’S REPRESENTATIVE (COR) - An individual designated in writing by the

Contracting Officer, responsible for inspecting the Contractor’s work, notifying the Contractor of deficiencies observed, and directing appropriate action to correct deficiencies. The COR performs acceptance for the Government of services performed under this contract.

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.

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

VI. SAFETY

To protect everyone’s health and safety, to prevent damage to property, materials, supplies, and equipment, and to avoid unnecessary work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of the US Army Corps of Engineers’ Safety and Health Requirements

Manual, EM 385-1-1, current version:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385 -1-1.pdf

All Contractor operations shall be in compliance with this manual, and all other applicable federal and state laws. All equipment and herbicides shall be used according to manufactures specifications and in accordance with all applicable laws and restrictions. Government inspectors have the authority to stop work due to safety violations.

The Contractor shall not use restricted use herbicides.

The Contractor shall use secondary containment for the mixing of any herbicides on Government property.

The Contractor shall use caution to prevent chemicals from entering streams or ditches.

The Contractor shall use caution to prevent chemical drift.

The Contractor shall be responsible for ensuring that his employees strictly observe the laws of the United

States, North Carolina and any other governing bodies which may affect the work to be completed under this contract.

The Contractor shall ensure that waste generated by the contracted work (including tools, herbicide containers, bottles, cups, food wrappers, etc.) are removed from the work area and disposed in a lawful manner.

VII. CERTIFIATIONS, PERMITS, AND LICENSES

The Contractor shall provide a current North Carolina Department of Agriculture, Pest Control Division certified applicator license to the Contracting Officer’s Representative (COR) prior to the start of work including if a subcontractor is utilized for herbicide work. The Contractor shall, at their own expense, obtain any additional licenses or permits, including but not limited to a Commercial Driver’s License. The

Contractor shall comply with all current Federal, State, and local laws and regulations.

VIII. SITE VISIT AND COMMENCEMENT OF WORK

The Contractor shall become familiar with the nature and location of the work by inspection of each site;

noting the local conditions, security, safety, equipment, and facilities required for the work, and all other factors which may affect the work or costs to perform the work. Any failure by the Contractor to review all available information concerning these conditions will not relieve them from the responsibility for estimating the difficulty or cost of successfully performing the work. The Contractor or their representative shall attend a pre-work meeting with on-site USACE personnel at the site prior to commencement of work.

It shall be the responsibility of the Contractor to describe the contract requirements to subordinate employees and subcontractors. Commencement of work shall begin within 10 business days (2 -weeks) of contract award.

IX. WORK REQUIREMENTS

The Contractor shall cut all vegetation on 2 slopes found at Cape Fear Lock and Dam 1. Herbaceous vegetation shall be cut as low as possible not to exceed ten (10) inches. All woody vegetation shall be cut less than 4” off the ground and may be dropped in place. Herbicide shall be applied to cut stumps to prevent regrowth.

The Contractor shall prepare a written herbicide application plan for COR approval indicating areas for herbicide treatment at all 3 lock and dams, application rates, method of application, date and frequency of treatment, safety precautions, measures required based on proximity to water, and any other pertinent information.

The Contractor shall apply herbicide to guarantee a 90% kill rate of cut vegetation for a period of three (3) months.

The Contractor shall use an inert carrier dye in all herbicide applications.

Herbicide shall be mixed off site when feasible, however water may be utilized from each location for mixing with chemicals, but all mixing shall be done at least 100 ft. from the shoreline within the secondary containment. All onsite mixing shall be coordinated with the on-site USACE personnel.

Areas accessible to the visiting public shall be posted by the Contractor with highly visible free -standing signs for a minimum of 24 hours and a maximum of 48 hours, cautioning that herbicides have been a pplied.

At the completion of spraying, equipment shall not be cleaned on the project. The cleaning of tank, hoses, and gun shall be done away from Government property.

X. SUBMITTALS

The Contractor shall submit with each invoice an Actual Usage Report. Report ing each time pesticides/herbicides are applied, whether by the Contractor or the subcontractor. The Actual Usage Report shall be a one-page post-application documentation completed and submitted to the COR. This report shall include the following as a minimum:

Location herbicided Acres treated

Name of herbicide(s) Date of application

EPA registration number Date of application

Targeted pest Applicator registration number

Applicator

The Contractor shall submit a proper invoice containing the following pertinent information:

- Name and address of the contractor

- Invoice date and number

- Contract number, contract line-item number and, if applicable, the order number

- Description, quantity, unit of measure, unit price and extended price of the items delivered

- Shipping number and date of shipment, including bill of lading number and weight of shipment if shipped on Government bill of lading

- Terms of any discount for prompt payment offered

- Name and address of official to whom payment is to be sent

- Name, title, and phone number of the person to notify in event of defective invoice

- Taxpayer Identification Number (TIN), if required in the contract

- Electronic funds transfer (EFT) banking information.

Submittals shall be sent to the COR via US Postal Service or e-mail:

USACE, B. Everett Jordan Dam and Lake

ATTN: John Rochevot

2080 Jordan Dam Road

Moncure, NC 27559 john.h.rochevot@usace.army.mil

XI. AT/OPSEC

1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative

(COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US

Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training mailto:john.h.rochevot@usace.army.mil requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the

Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition

(FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health

Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

2. Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

3. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of th at location.

Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of

Emergency Services/Security Office using the National Crime Information Center-Interstate

Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database

(commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

14. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under

United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I -9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

XII. CAPE FEAR LOCK AND DAM AERIAL VIEWS

Cape Fear Lock and Dam 1

996 Lock #1 Road

Riegelwood, North Carolina 28456

1.13-acres of herbicide (green)

1.3-acres of cut slope (orange)

Cape Fear Lock and Dam 2

645 Lock #2 Road

Elizabethtown, North Carolina 28337

2.0-acres of herbicide (green)

William O. Huske Lock & Dam

1248 Bill Hall Road

Fayetteville, North Carolina 28306

2.9-acres of herbicide (green)