B.01.01.01 Attachment 4 - Performance Work Statement.pdf

ITEM NO SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE AMOUNT

0001 S 1 JOB $ $

BASE Base Year FY26 – Vegetation Management Recreation

Areas

FFP

Contractor shall furnish all labor, equipment, supplies, insurance, supervision and fuel necessary to accomplish vegetation management services in accordance with the PWS from 1 April through 30 September at the Pomme de Terre Lake Project.

FOB: Destination

NET AMT $

0002 S 1 JOB $ $

BASE Base Year FY26 – Vegetation Management Administrative

Areas and Rip Rap Areas

FFP

Contractor shall furnish all labor, equipment, supplies, insurance, supervision and fuel necessary to accomplish vegetation management services in accordance with the PWS from 1 April through 30 September at the Pomme de

BASE YEAR TOTAL $

1001 S 1 JOB $ $

OPTION Option Year 1 FY27 – Vegetation Management Recreation

Areas

FFP

Contractor shall furnish all labor, equipment, supplies, insurance, supervision and fuel necessary to accomplish vegetation management services in accordance with the PWS from 1 April through 30 September at the Pomme de

1002 S 1 JOB $ $

OPTION Option Year 1 FY27 – Vegetation Management

Administrative Areas and Rip Rap Areas

FFP

Contractor shall furnish all labor, equipment, supplies, insurance, supervision and fuel necessary to accomplish vegetation management services in accordance with the PWS from 1 April through 30 September at the Pomme de

OPTION 1 TOTAL $

2001 S 1 JOB $ $

OPTION Option Year 2 FY28 – Vegetation Management Recreation

Areas

FFP

Contractor shall furnish all labor, equipment, supplies, insurance, supervision and fuel necessary to accomplish vegetation management services in accordance with the PWS from 1 April through 30 September at the Pomme de

2002 S 1 JOB $ $

OPTION Option Year 2 FY28 – Vegetation Management

Administrative Areas and Rip Rap Areas

FFP

Contractor shall furnish all labor, equipment, supplies, insurance, supervision and fuel necessary to accomplish vegetation management services in accordance with the PWS from 1 April through 30 September at the Pomme de

OPTION 2 TOTAL $

SUPPLEMENTAL BID SHEET

VEGETATION CONTROL SERVICES

Vegetative Management Services for US Army Corps of Engineers, Pomme de Terre Dam, Hermitage, Missouri per the attached Performance Work Statement and Specifications.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

Vegetation and Herbicide Mgmt. 2026

FFP

The contractor shall furnish all labor, equipment and materials to provide Vegetation and Herbicide Management Services in accordance with the Performance Work Statement (PWS).

0001 Herbicide Application Total Vegetation Control, Spillway

FFP.

For Spillway Section, the Contractor shall provide equipment and labor for chemical application to treat existing woody/brushy vegetation on the walls & Downstream end and total vegetation control on the spillway floor in accordance with the Performance Work Statement (PWS).

1 Job

0002 Herbicide Application Total Vegetation Control in Rip Rap Areas: Dam/Dike/ Emergency Rock Stockpiles

FFP.

For Dam, Dike Sections and Rock Stockpiles, the Contractor shall provide equipment and labor for chemical application to treat all existing vegetation in accordance with the Performance Work Statement (PWS).

1 Job

0003 Herbicide Application Parks

FFP.

For Parks, the Contractor shall perform Vegetation and Herbicide Management Services in accordance with the Performance Work Statement (PWS).

1 Job

0004 Herbicide Application Sewage Lagoons

FFP.

For Sewage Lagoons, the Contractor shall provide herbicide application services in accordance with the Performance Work Statement (PWS).

1 Job

0005 Herbicide Application Admin Area

FFP.

For Admin Area, the Contractor shall provide herbicide application services in accordance with the Performance Work Statement (PWS).

1 Job

PERFORMANCE WORK STATEMENT

Herbicide Application Services

POMME DE TERRE DAM & PROJECT

1. General: Work shall consist of furnishing all personnel, equipment, fuel, transportation, permits, licenses and materials necessary to vegetation management services, in accordance with the specifications contained herein. This is a performance-based contract. The Contractor has the flexibility to use their expertise to determine the best product(s) and number of applications to most efficiently and cost effectively provide the level of vegetation control required for the performance period. There will be no set number of applications, just the standard of control set forth in this performance work statement. The Contractors bid price shall be to provide these services from 1 April through 30 September each year. The Contractor shall use of pre-emergent herbicide in the month of March to provide control during the period listed above. No separate payment will be made if the Contractor elects to do this, it shall be calculated into the total cost for the contract per year and paid on the monthly invoice. The total cost per year will be divided by the 6 months of performance and this shall be the Contractors monthly payment for satisfactorily performed services.

1.1. Description of Services/Introduction: Vegetation Management Services shall be performed as defined in this Performance Work Statement. The Contractor shall perform to the standards in this contract. Prospective bidders are encouraged to visit and fully inspect all areas, accesses, locations, etc. prior to bidding. The Government s h a l l not be held accountable f o r conditions at the site which were not considered by prospective bidders.

1.2. Background: Pomme de Terre Lake is a flood control reservoir located on the Pomme de

Terre River in the rugged, tree covered hills of the Missouri Ozarks. The lake spans two counties: Hickory & Polk. A map of Pomme de Terre Lake can be found on the Internet at https://www.nwk.usace.army.mil/Locations/District-Lakes/Pomme-de-Terre-Lake/.

At multipurpose pool Pomme de Terre Lake covers 7,820 acres, has 6 campgrounds, 2-day use areas offering 318 campsites.

1.3. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and, if exercised two (2) 12-month option years. The Period of Performance reads as follows:

Base Year – 1 April 2026 through 31 March 2027 Option Year 1 – 1 April 2027 through 31 March 2028 Option Year 2 – 1 April 2028 through 31 March 2029

1.4. Place and Time of Performance: The work to be performed under this contract will be performed various areas under the responsibility of the U.S. Army Corps of Engineers, Pomme de Terre Lake Project Office. Services shall commence as discussed at post-award conference and completed within five days. Once begun, work shall be accomplished in a continuous operation (day-to-day, except weekends and holidays) weather permitting. All work shall be accomplished within the time frames specified above. Services rendered outside the time periods specified, shall not be compensated unless specifically approved in writing by the Contracting Officer or his authorized representative.

https://www.nwk.usace.army.mil/Locations/District-Lakes/Pomme-de-Terre-Lake/

1.5. Inclement Weather: Services may be performed during periods of inclement weather. In cases of severe weather or park closure, the Contractor Office or COR may authorize exceptions. When exceptions are granted, work shall resume within 24 hours after the severe weather or park closure has terminated, unless the Contracting Office or COR authorizes additional time. It is the Contractors responsibility to notify the COR when they are not able to perform services due to inclement weather.

1.5.1. In the event adverse weather or ground conditions occur during scheduled services that would create unsafe working conditions or result in damage to vegetation or turf, the Contractor shall cease operations and contact project personnel. Work affected by adverse conditions shall be stopped, restarted, or rescheduled as directed by the Contracting Officer or his authorized representative. Rescheduled work shall be accomplished at a mutually agreed upon time, to the extent possible.

1.6. This is a flood control project. Occasional retention of floodwaters may inundate portions of the public use areas, other areas, or access roads thereto, being serviced by this contract.

In the event that inundations materially affect the scope of work, the Contractor will be requested to submit a pricing proposal covering the unserviceable or affected portion of his work equitable adjustment to contract price can be negotiated and an adjustment made in accordance with the appropriate contract clause entitled “Changes.” Payments for services not performed as a result of conditions stated above will be initially withheld until execution of an equitable adjustment can be made by contract modification.

1.7. Recognized Holidays: The contractor will not be required to work on the following Federal

Holidays.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day

Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.8. Hours of Operation: The Contractor is responsible for conducting business, between the hours of 6:30 A.M. CST and 7:00 P.M. Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Hours of operation will be strictly adhered to, unless this restriction is specifically waived in writing by the Contracting Officer or his authorized representative. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined with this PWS when the Government facility is not closed for the above reasons.

1.9. Security Requirements: Contractor performing work under this contract must comply with the requirements of the Antiterrorism/Operations Security Requirements (AT/OPSEC). See Attachment 3 of this PWS.

1.10. Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use.

1.11. Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.4.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks;

however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.4.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.12. Gates: The Contractor shall open and close gates within the contract boundary areas. The Contractor shall securely lock any gate that is opened by him/her, upon completion of the required work, or upon completion of the workday.

1.13. Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.14. Contracting Officers Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, monitor Contractor’s performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of government furnished property and provide site entry of Contractor personnel. The COR does not hold the responsibility of changes in cost or price, estimates or changes in delivery dates.

1.15. Quality Assurance: A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the Contractor is performing the services required by this Performance Work Statement in an acceptable manner. The Government develops the QASP, and the Project Office administers the Plan through Quality Assurance Evaluators

(QAE)s. It defines how the performance standards will be applied, the frequency of surveillance and the minimum acceptable defect rate(s). The government shall evaluate the Contractor’s performance under this contract in accordance with the QASP. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). Quality Assurance is the Governments Responsibility.

1.16. Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which they assure their work complies with the requirement of the contract The Contractor shall submit a copy of their quality control plan to the COR for approval prior to the start of work. See Attachment 5 Quality Control Plan Template/Example. After acceptance of the quality control plan the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to their QC system.

1.16.1. Re-performance of Services. Should an inspection reveal a major defect that requires performance or re-performance of a required service under this contract, the Contractor shall perform / re-perform the service within 24 hours of notification of problem.

The government will make one attempt to request the re-performance of the service. This will be done via the contractors stated method of communication.

1.16.1.1. If re-performance of the service is not accomplished or accomplished to standards set forth in this contract, payment deductions may be enforced. If the Contractor is unable to perform to the standard, the Government reserves the right to cause the specified work to be performed by a third party or Government personnel and the cost incurred thereby will be levied against the Contractor. Any time Government personnel are used because of Contractor's nonperformance, the cost levied against the Contractor will include all direct costs associated with the performance of the specified work. The direct cost to the Government for substitution of the Government personnel is computed on an hourly basis at the applicable wage rate. Government personnel will be used only when time is of the essence and the interests of the Government would not be served by securing a third party to perform the specified work.

1.17. Post Award Conference: The Contractor agrees to attend any post award conference after contract award but prior to commencement of work. The COR will contact the Contractor to arrange a mutually agreeable time to meet at the Pomme de Terre Project Office to review the contract requirements and details of the work.

1.17.1. The Contractor shall designate, in writing, a responsible on-site representative of each work crew who shall serve as a contact for matters involving quality, performance or nonperformance of the required work assigned to that crew. In the absence of a designated on-site representative, or if the designated on-site representative is not present, the Contractor warrants that any and all members of each work crew are qualified and fully competent to ensure that the required work is performed in accordance with the Performance Work Statement.

1.17.2. The Contractor shall provide and maintain an inspection system acceptable to the government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the government during the contract.

1.17.3. The Contractor shall furnish to the COR, a telephone number attended during normal business hours (8:00 a.m. - 4:00 p.m. C.S.T.) to which calls concerning performance, schedule, or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the Contractor, at such time as it is delivered to the number provided by the Contractor.

1.17.4. Special Qualifications: Contractor must provide proof of being Certified Commercial Applicator in the State of Missouri in the application of herbicides. Contractor must possess both a Category 3 and Category 5 certification to perform work under this contract.

1.17.5. Permits: The Contractor shall, without additional expense to the Government, be responsible for obtaining and maintaining as current, any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, regulations, in connection with execution of the work.

1.17.6. Daily Herbicide Application Reports: will be submitted to the COR detailing work performed for that day. Reports should include what, when, who and where information as well as any safety issues that arise, weather conditions, equipment calibration and application rates, equipment malfunction etc. A blank may be provided by the Government.

1.17.7. Man Hours Reporting: The Contractor shall report the number of hours worked on government property monthly during the period of performance of services under this contract. These hours will be recorded on the Contractors monthly invoice and submitted to the Pomme de Terre Project Office.

1.17.8. Documents and Correspondence: After award, all documents and related correspondence shall be routed to the Contracting Officer; or through the Contracting Officer’s Representative (COR) at the Project Office to the Contracting Officer. Day to day contact and telephone communication with Government personnel shall normally provide adequate information exchange. The Government reserves the right to schedule meetings at the Project Office as necessary to ensure strict compliance with the terms of this contract.

Such meetings shall be scheduled, to the extent possible, at mutually convenient times.

However, upon notice, the Contractor shall attend meetings regarding matters affecting this contract, and the time spent in such meetings shall be at no additional charge to the Government.

1.17.9. Required Insurance: The Contractor shall provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required below. The Contractor shall furnish proof of required insurance in the form of a copy of the insurance policy, or a binder issued by the insurer. Proof of proper insurance shall be delivered to the COR either prior to or at the post-award conference.

Information regarding State requirements may be obtained by contacting Division of Insurance, 573-751-4126, Toll Free 1-800-726-7390, https://insurance.mo.gov/

Workmen’s Compensation: Coverage complying with applicable State statute** Employer’s Liability: Minimum $100,000 per occurrence (only IF you hire employees)

Commercial General Liability: Minimum $100,000 per person, $300,000 per occurrence for bodily injury, $20,000 per accident for property damage.

Motor Vehicle Liability: Minimum $300,000 per person, $500,000 per occurrence for bodily injury, $100,000 per accident for property damage

* Reference FAR 28.307-2 Liability, subparagraphs (a), (b), and (c).

** Missouri Division of Insurance, telephone (573) 751-4126, Division of Workers Compensation, telephone (800) 775-266.

1.18. Contractor Personnel: Contractor personnel shall present a neat appearance and be fully clothed at all times while performing services under the contract. “Fully clothed” shall be deemed to mean that a sleeved shirt (or T-shirt), trousers and shoes shall be worn at all times:

except that this requirement shall not be construed to replace or eliminate the necessity for the wearing of appropriate protective clothing or devices as may be required for the safe performance of services or for the application of various approved chemicals (if any). The Contractor shall provide own attire. Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public and with Government personnel. The Contracting Officer’s Representative reserves the right to disapprove any individual whom he/she considers to be incompetent to perform the work required. Such disapproval will be given to the Contractor by written notice. Any such decision is final. Any illegal or criminal activity on the part of the Contractor or staff, employees, or other personnel may result in termination of the contract. In order to assure that the required services be performed at an acceptable level, the Contractor shall designate in writing a responsible on-site representative of each work crew, who shall serve as a contract for matters involving quality, performance, or nonperformance of required services assigned to that crew. In the absence of a designated on-site representative, or if the designated on-site representative is not present, the Contractor warrants that any and all members of each work crew are qualified and fully competent with full authority to act for, and on behalf of the Contractor, to ensure the required work is performed in strict accordance with the contract specifications. The Government reserves the right to discuss herbicide application matters with any Contractor employee on-site and currently employed by the Contractor.

1.18.1. All contractor personnel will be required to show proof of a valid driver’s license prior to performance of work under this contract.

1.18.2. Minimum Manpower Requirements: The Contractor and employees/staff shall personally perform, or provide personal superintendence of the performance of, duties under the contract (no subcontracting). The Contractor shall maintain a sufficient number of staff/employees to perform the required services. In the event the Contractor is unable to https://insurance.mo.gov/ perform contract duties as required, the Government reserves the right to terminate the contract.

1.19. Lost and Found Items, Vandalism and Facilities Malfunction: To assist the visiting public in reclaiming lost articles, all property left by visitors and found during operations shall be turned in daily to the project office where it may be claimed by the owner. Any evidence of vandalism and instances where facilities are not operating properly or are in need of repair shall be reported to Project personnel.

1.20. Other Contracts/Volunteers: The Government may undertake or award other contracts or have lessees, Government employees, or volunteers performing certain work and the Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by another Contractor, by a lessee, by volunteers or by Government employees. The COR can alter the work schedules of the Contractor to avoid possible conflicts. Any such change or failure to make such a change by the COR shall not be the basis for a claim by the Contractor.

1.21. Title 36 Rules and Regulations: While performing work under this contract the

Contractor and his/her employees will abide by Title 36 Rules and Regulations for conduct on Federal lands, as well as all other Federal, State and Local laws.

1.22. Safety Requirements: The contractor is expected to take a vital interest in safety and to educate and develop a culture of safe work habits among their employees. All work under this contract shall be performed in accordance with safety requirements set forth by OSHA and the Corps of Engineers Manual, EM 385-1-1, entitled “Safety and Health Requirements Manual.” Particular emphasis shall be placed on the contract’s accident prevention plan. A basic outline of this plan can be found in the manual. A copy of the Contractors Accident Prevention Plan must be submitted prior to the start of services. If the Contractor fails or refuses to promptly comply with the safety requirements as specified herein; the COR may stop all or part of the work until proper correction action has been taken. No part of the time lost due to any such stop shall be made subject to claim for extension of time or for excess costs or damages to the contractor. No additional payment shall be made for work not performed as a result of work stoppage due to failure to comply with safety requirements.

1.22.1. Particular emphasis should be placed on, but not limited to EM 385-1-1 Chapters 5, 6, 8 and 18sections concerning Personal Protective Equipment and Operation of Vehicles, Machines and Equipment.

1.22.2. The Contractor shall perform work requirements in a manner to protect buildings, vehicles and Government and public personal property from damage and employees and project visitors from any harm or injury. Work shall be scheduled and completed to afford this protection.

1.22.3. The Contractor shall maintain an accurate record of and shall report to the COR, all accidents, injury, property damage, equipment malfunction or safety hazard immediately.

1.22.4. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Quality Assurance Representative and shall notify the COR of the corrective action to be taken. Such notice when delivered to the Contractor or his representative at the site of work shall be deemed sufficient for this purpose. The Government assumes no responsibility or duty to inspect. The Contractor is responsible for ensuring that the equipment is in a safe operating condition, that it is used in a safe manner and that it is used in a safe environment and condition. Any equipment or materials not in conformity with the safety manual will be placed out of service and will not be operated on Government Property.

1.23. Project Controls

1.23.1. Compliance with Laws and Regulations: The Contractor shall be knowledgeable of and shall comply with all Federal, State and Local laws, requirements and instructions.

The Contractor shall ensure policies and procedures are established that protect the health and safety of employees and the community to minimize or eliminate the risk of pollution.

1.23.2. Hazardous Materials: The Contractor is responsible for advising his/her employees of all Environmental and Hazardous Materials Handling and is also required to provide to the COR the Safety Data Sheets (SDS) for all materials used by the Contractor in accordance with Federal, State and Local laws and/or regulations.

1.23.3. Notification of Spills: If the Contractor or employee(s) of the Contractor spill or has an uncontrolled release of any substance, the Contractor shall immediately report the incident to the COR who will report to the project Environmental Compliance Coordinator in accordance with local procedures. The Contractor shall be liable for containment and environmental cleanup of the spill or release of such substances.

1.24. Payment: Payment will not be made for services not performed, payment will only be made for completed and approved work. The Contractor shall provide the Pomme de Terre Project Office 23697 County Road 218 Hermitage, Missouri 65668, with an invoice, after performance of the services, requesting payment for services. Payment shall be made in accordance with the Prompt Payment Act via Electronic Funds Transfer (EFT) into the Contractor’s banking account.

1.25. Antiterrorism/Operation Security Requirements (OPSEC): All contractor and all associated sub‐contractors 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 installation Provost Marshal Office, Director of Emergency Services or Security Office.

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. All contractor and all associated sub‐contractors employees will receive a CORPSWatch information paper (provided by the authorized government representative) and provide a written acknowledgement to the COR, no later than 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract. 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 to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award. Per the E-VerifyWebsite the following exemptions apply: Employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E- Verify. A contract is considered exempt if any one of the following applies: (1) It is for fewer than 120 days. (2) It is valued at less than $150,000, the simplified acquisition threshold (Source: http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions).

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

PART 2

DEFINITIONS AND ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions

2.1.1 Contractor. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 Contracting Officer. A person with authority to enter into, administer and or terminate contracts and make related determinations and findings on behalf of the government. Note:

The only individual who can legally bind the government.

2.1.3 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.4 Deliverable. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.5 Physical Security. Actions that prevent the loss of damage of Government property.

2.1.6 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan. An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor. One that enters into a contract with a prime contractor.

2.1.10 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.11 Work Week. Is defined as Monday through Friday, unless specified otherwise.

2.1.12 Spot Treatment. Chemical treatment of targeted vegetation only.

2.1.13 Full Coverage Treatment. Chemical treatment of entire area.

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1 Services: The Government will supply the Contractor with maps of the areas where work will be performed.

3.2 Facilities: N/A

3.3 Utilities: Water sources will be available to the Contractor. The Contractor must supply their own hoses and backflow preventative devices when using Government water sources.

The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplished cleaning vehicles and equipment.

3.5 Materials: Daily Herbicide Application Reports

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1 General: The contractor will furnish all necessary labor, equipment, supplies, materials, supervision, transportation and fuel required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Equipment breakdown shall not relieve the contractor of the responsibility of performing the work as specified. It shall be the responsibility of the Contractor that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

PART 5

SPECIFIC TASKS

5. Specific Tasks

5.1. Basic Services: The Contractor shall apply herbicide to all areas listed under Herbicide

Applications sites. In most cases, the result should be a clean, vegetation free area. Some areas involve the control of certain species (i.e. woody vegetation). In those areas, it will be the Contractor’s responsibility to ensure that the target species are all that are killed.

5.2. The Contractor will be responsible for selecting the appropriate chemical to be used based on site location, proximity to the public, environmental concerns, target species and best commercial practices. Information will be provided to the Government regarding the chemical(s) to be used prior to application. The COR must approve all chemicals that will be used during this contract. The Contractor will provide SDS sheets (Safety Data Sheets) and product labels for all chemicals used on Government Property. Biodegradable dye will be used as a marker to insure even applications.

5.3. All chemicals used to treat vegetation directly adjacent to water must be used in accordance with the manufactures label.

5.4. The Contractor shall provide at least a 98% vegetation free control in recreation, administrative, spillway, and dike/dam, rock stockpiles, rip rap areas as evidenced by dead and dying plants, by stem count. The type of chemical and frequency of application to maintain this level of control, shall be the responsibility of the Contractor. Should the level of control fall below 98% in any one area, the Contractor will be responsible for the re-treatment of the subject area(s) to achieve the desired result at no additional cost to the government. The Government will perform at least, monthly inspections to verify that this level of control is being maintained.

5.5. The Contractor shall provide at least 99% vegetation free control in each sewage lagoon as evidenced by surface area of dead and dying vegetation. The type of chemical and frequency of application to maintain this level of control, shall be the responsibility of the Contractor.

Should the level of control fall below 99% in any one area, the Contractor will be responsible for the re-treatment of the subject area(s) to achieve the desired result at no additional cost to the government. The Government will perform at least, monthly inspections to verify that this level of control is being maintained.

5.6. In order to maintain this level of vegetation control, the Contractor will be required to make at least one Quality Control visit after each application to ensure that the desired results are being achieved. Payment will not be made until this level of control is accomplished.

5.7. The Contractor must contact the COR within 48 hours before being onsite anytime that vegetation management services including applications and quality control visits. The monthly Quality Control visit can occur no less than 7 days from the date of the initial monthly treatment. The government will begin inspecting areas 7 days after the initial treatment for quality assurance purposes. The goal of these inspections is to observe the effectiveness of the Contractor’s quality control program and see that contract requirements are being met.

5.8. The Contractor must contact the COR within 48 hours before being onsite anytime that vegetation management services including applications and quality control visits. The monthly Quality Control visit can occur no less than 7 days from the date of the initial monthly treatment. The government will begin inspecting areas 7 days after the initial treatment for quality assurance purposes. The goal of these inspections is to observe the effectiveness of the Contractor’s quality control program and see that contract requirements are being met.

5.9. The serviced areas will present a neat, even kill of all species growing within the areas. Spray patterns will provide an even border between treated and untreated areas. A 12-inch maximum (approx.) vegetation free border will be left around all hard-surfaced or rocked facilities (i.e.

campsites, parking lots, riprap, curbing etc.) except where otherwise indicated.

5.10. Water points for tank filling are available for Contractor use in most recreation areas and in the administrative areas, however it is ultimately the Contractors responsibility to obtain water as needed to meet the requirements of this contract.

5.11. The Contractor must provide hoses and backflow-preventers. Clean-out of chemical tanks and disposal of chemical containers shall not be allowed on government property.

5.12. The Contractor will have spill kits available on all vehicles used on government property adequate to the type and quantity of chemical on the vehicle. Contractor employees will be trained in the use of these kits and are expected to aggressively implement their use in the event of a spill kits.

5.13. The Contractor will be responsible for any damage to non-target species.

5.14. The Contractor will complete a herbicide application report form after each chemical application whether initial or follow-up. Payment will not be made until the completed forms are provided.

5.15. Herbicide Application Areas: The Contractor shall perform vegetation management in all areas shown on the maps indicating where vegetation management shall take place, if an area is completely shaded it does not necessarily mean that the entire shaded area shall be maintained, only the features listed below within shaded areas.

5.15.1. Herbicide Application Vegetation Control, Spillway: The Spillway Section shall be treated to kill ALL existing woody/brushy vegetation in the walls and downstream end of the Spillway. Grassy vegetation will be targeted in the floor of the Spillway. If a 98% kill of the targeted vegetation is not accomplished a follow-up treatment will be required at no cost to the Government. The Contractor will apply herbicides in all areas listed in the Attachment 4/Technical Exhibit 4 Herbicide Application Sites - Spillway Section designated the service area during the months of 1 April through 30 September.

5.15.2. Herbicide Application Total Vegetation Control, Dam/Dike/Rock Stockpiles:

The Contractor shall apply herbicides to control vegetation growing in rip rap areas as indicated in the attached maps. Areas to be treated include the upstream rip rap portion of the dam and dike sections, the downstream random rock fill slope of the dam, guard rail on the dam and dike sections, upstream and downstream abutment contacts, downstream toe and service road area and emergency rock stockpiles. The guardrail treated area shall begin at the edge of the asphalt and extend beyond the guard rail posts. The treated areas for the abutment contact and downstream toe shall begin at the natural ground contact, mow line, or six feet beyond the centerline of the rock lined ditch. The width of the toe area varies from approximately five feet to forty feet. The entire rock road area located between the multipurpose court and the toe of the dam beginning at road entry and extending to tree line will also be treated to maintain as vegetation free. Vegetation control the stock rock piles shall encompass each entire rock stockpile and a 10-foot perimeter around the rock stockpiles. The Contractor will apply herbicides in all areas listed in the Attachment 4/Technical Exhibit 4 Herbicide Application Sites - Dam Section, Dike Section, Rock Stockpiles and designated service areas.

5.15.3. Herbicide Application Parks: Contractor shall spray pre-emergent herbicide to prevent growth for all areas listed in Attachment 4/Technical Exhibit 4 Herbicide Application Sites – Parks. These areas may have limited access for equipment. This shall include:

approximately 294 (+/-) campsite pads both paved and graveled; an approximately 6 inch wide perimeter around all buildings including picnic shelters, sheds, and restrooms, and shower buildings; cracks and joints in paved roadways, parking lots, curbs and sidewalks, gravel roads and driveways; sewage lagoons and lagoon fences; road shoulders and guardrails along roadways if present; rip rap areas along roadways and around boat launch and fishing dock areas; gravel dumpster enclosures; a 6 inch perimeter around all signs and campsite posts; and trails and trailhead areas.

5.15.4. Herbicide Application Sewage Lagoons: The Contractor shall treat sewage lagoons to control aquatic vegetation growing in the lagoon. There are two lagoons with two cells per lagoon that will be treated for unwanted vegetation as follows: Wheatland Park 1 lagoon – 2 cells and Lightfoot Park 1 Lagoon – 2 cells. See attached area maps and reference lagoon fence locations for sewage lagoon locations.

5.15.5. Herbicide Application Admin Area: The Contractor will apply herbicides in all of the Admin Area listed in Attachment 4/Technical Exhibit 4 Herbicide Application Sites – Admin Area.

5.15.6. All contractor personnel applying herbicide shall be appropriately trained and licensed. Copies of all licenses and certifications will be provided to the Government prior to the start of work. Appropriate insurance will also be in place and documentation provided prior to the start of work. At least one employee must possess a Commercial Applicator Licenses in the State of Missouri with both a Category 3 and Category 5 certification and must be onsite at all times while work is being performed.

Part 6

UAS / AERIAL APPLICATION

6.1.UAS HERBICIDE APPLICATION: The use of unmanned aircraft system (UAS) for herbicide application are allowed under the following conditions:

6.1.1. The Contractor shall coordinate flights 3 days in advance with the COR. All flights must be approved by the COR.

6.1.2. UAS weighing less than 55lbs (including payload) are regulated by FAA Part 107. Contractor is responsible for operating UAS within the regulations provided by the FAA Part 107. UAS operator shall hold a valid Missouri Commercial Pesticide Applicators License, including appropriate categories including Category 11 for Aerial Application.

6.1.2.1. The following documents shall be provided to the COR before any flights can occur:

• Missouri Commercial Aerial Pesticide Applicator Certification for each applicator/pilot (Including appropriate categories and category 11).

6.1.3. UAS weighting more than 55lbs (including payload) are regulated by FAA Part 137.

Contractor is responsible for operating UAS within the regulations provided by the FAA Part

137. Operator must possess valid certification under FAA Part 137 for commercial aerial pesticide application. Operator shall hold a valid Missouri Commercial Pesticide Applicators Certification, including appropriate categories including Category 11 for Aerial Application.

All certifications shall be provided to the COR prior to the UAS flights.

6.1.3.1. The following documents shall be provided to the COR before any flights can occur:

• Missouri Commercial Aerial Pesticide Applicator Certification for each applicator/pilot (Including appropriate categories and category 11).

• Proof of FAA Part 137 Certification

6.1.4. UAS shall be operated by line of sight.

6.1.5. UAS operation shall be included in the Contractor’s accident prevention plan and environmental protection plan.

6.1.6. Secondary containment shall be used for mixing and filling UAS equipment.

Contractor is responsible for any spill clean-up or costs involved in spill clean-up.

6.1.7. UAS operation over groups of people is prohibited and is prohibited when weather conditions are not ideal for safe UAS flights or proper herbicide application.

6.1.7.1. UAS shall be operated in accordance with all applicable federal, state, and local laws/regulations including but not limited to: Title 36 CFR Section 327.

6.1.7.2. Any violations will be turned over to the agency tasked with enforcing such laws/regulations.

6.1.8. All UAS equipment shall be provided by the Contractor, and the Contractor assumes all responsibility and liability for any improper application of herbicide by UAS, damages or personal injury caused by UAS operation.

6.1.9. Use of UAS is not required for this contract. UAS use is optional. The government reserves the right to decline any or all use of UAS at any time for the duration of the contract for any reason. If a Contractor is not allowed to utilize UAS, the Contractor is required to complete all required herbicide application at no extra cost to the government.

6.2. AIRCRAFT HERBICIDE APPLICATION

The use of aircraft for herbicide application are allowed under the following conditions:

6.2.1. The Contractor shall coordinate flights 3 days in advance with the COR. All flights shall be approved by the COR.

6.2.2. Aircraft operation shall be included in the Contractor’s accident prevention plan and environmental protection plan.

6.2.3. The Contractor shall hold a valid Missouri Commercial Aerial Pesticide Applicator

License.

6.2.4. The pilot(s) shall hold a valid Missouri Commercial Pesticide Applicator Certification including appropriate categories and shall hold category 11 certification.

6.2.5. The pilot(s) shall hold a valid FAA Part 137 certification.

6.2.6. The pilot(s) shall hold a valid Aerial Applicator Consultant Registration.

6.2.7. The pilot(s) shall hold a valid Missouri Department of Transportation Pilots License.

6.2.8. The aircraft used shall be registered with the Missouri Department of Transportation

(IDOT).

6.2.9. The Contractor and pilot(s) shall hold valid insurance for aircraft to be operated in Missouri.

6.2.10. Contractor or pilot(s) shall provide certification for compliance with secondary containment and utilize a checklist for aerial applicator secondary containment. It is the responsibility of the Contractor to obtain the checklist.

6.2.11. For out-of-state applicators, the Contractor shall hold a valid Missouri Agent

Designation Form. The following documents shall be provided to the COR before any flights can occur:

6.2.12. Missouri Commercial Aerial Pesticide Applicator Certification for each applicator/pilot (Including appropriate categories and category 11).

6.2.12.1.1. Contractor’s Missouri Commercial Aerial Pesticide Applicator License.

6.2.12.1.2. Proof of FAA Part 137 Certification

6.2.12.1.3. Proof of Aerial Applicator Consultant Registration

6.2.12.1.4. Proof of aircraft registration with MODOT Proof of insurance from Contractor and

Pilot(s)

6.2.12.1.5. For out-of-state applicators, Missouri Agent Designation Form

6.2.12.1.6. Checklist for aerial applicator secondary containment

6.2.12.1.7. Proof of Certification for compliance with secondary containment

6.2.12.1.8. Proof of valid Missouri Pilots License for all pilots

6.2.13. Aircraft operation over groups of people is prohibited and is prohibited when weather conditions are not ideal for safe aircraft flights or proper herbicide application.

6.2.13.1.1. Aircraft shall be operated in accordance with all applicable federal, state, and local laws/regulations including but not limited to: Title 36 CFR Section 327.

6.2.13.1.2. Any violations will be turned over to the agency tasked with enforcing such laws/regulations.

6.2.14. All aircraft equipment shall be provided by the Contractor, and the Contractor assumes all responsibility and liability for any improper application of herbicide by aircraft, damages, or personal injury caused by aircraft operation and herbicide…