Cannelton PWS 2.28.25.docx

CANNELTON LOCK AND DAM

HERBICIDE APPLICATION CONTRACT

SECTION C-1 GENERAL

CONTRACTOR EMPLOYEES’ CONDUCT AND COMPETENTCY

C-1.11 C-1.12

DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY

SECTION C-10

HERBICIDE APPLICATION SERVICES

SECTION C-10

DESCRIPTION/SPECIFICATIONS

SECTION C-1

General

C-1.1 PROJECT INFORMATION. The Cannelton Locks & Dam Project Office is located at 5821 E. State Road 66, Cannelton, IN 47520 in Perry County, IN.

C-1.1.1 Government Technical Point of Contact (TPOC). The following individuals will be designated as the Government TPOC for this purchase order:

Neil Schwartz, Lockmaster Project Office:

5821 East State Road 66 Cannelton, Indiana 47520 812-547-2962

The Government TPOCs are authorized by the Contracting Officer to approve monthly invoices for payment and issue instructions to the Contractor effecting or directing the performance of the specified purchase order services. The Government TPOCs and their designee(s) are also authorized to perform surveillance of work in progress and inspect completed work to determine compliance with the contractual requirements. The Government TPOC’s are not authorized to approve any contractual documents or make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the purchase order.

C-1.1.2 Site Visit. A site inspection by the offeror prior to the quote submission is strongly recommended. The contractor is encouraged to visit the site to determine the type of equipment most suited for the work. All acreage amounts are estimated, and offerors should inspect the site for specific areas and special conditions. Appointments for site inspections should be made with Kevin Dixon or Neal Schwartz (812) 547-8229.

C-1.2 SCOPE OF PERFORMANCE. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform herbicide application services at the Cannelton Locks & Dam Project, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. The Contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State and local laws and regulations. The Contractor is required to attend a pre-performance meeting to be scheduled by the Technical Point of Contact (TPOC). At the option of the Government this purchase order may be renewed for four (4) one-year periods from 01 Jan 2026 thru 31 Dec 2026, 01 Jan 2027 thru 31 Dec 2027 and 01 Jan 2028 thru 31 Dec 2028 and 01 Jan 2029 thru 31 Dec 2029 Dates for treatments to begin shall be decided during the option years at the discretion of the Lockmaster.

C-1.3 TASK ORDERS. Not applicable.

C-1.4 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 4:00 p.m, Central Time. Performance inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the TPOC.

b. Holiday Work. The eleven Federal holidays observed are:

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Services shall be scheduled around the above listed Federal holidays except as specified herein.

c. Inclement Weather. Spraying will not occur when wind or inclement weather prevents spraying per industry standards.

C-1.5 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the TPOC prior to the pre-performance conference for this contract:

a. Quality Control Plan. A suggested outline for the Contractor's Quality Control Plan.

b. Contractor Quality Control Inspector. List of Quality Control Inspector(s).

c. Contractor Representatives. List of names of Contractor Representative(s).

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan Appendix A of EM 385-1-1.

e. Activity Hazard Analysis (AHA). An AHA will be submitted for each task performed.

f. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies.

g. Certification of employees qualified to administer First Aid and CPR.

h. Application Plan. The contractor shall submit an electronic copy of an application plan. This plan shall outline at a minimum the types of herbicides, areas to be treated, application rates, hyperlinks to SDSs and labels for each chemical to be used, scanned copies of applicator licenses, and a spill and contamination action plan. Additionally, the contractor shall certify in writing that all employees engaged in handling, mixing and spraying herbicides have read the SDSs and that personal protective equipment as specified by the SDSs will be provided to and worn by these persons. Further, one hard copy of the approved plan shall be provided that will include a signed statement by the contractor that said plan complies with all state, local and federal regulations. This plan shall be submitted for review and approval within 10 working days prior to the desired start of work. The Government reserves the right to deny use of any herbicide when a safer herbicide is available. Government acceptance of this plan in no way relieves the contractor of any liability for compliance with all Federal, State and/or local regulations, should there be omissions/errors within said plan.

i. Certificate of Insurance

j. Performance Bond (where applicable)

C-1.6 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes. Contractor must have Indiana and Kentucky herbicide applicators licenses.

C-1.7 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. All Contractor employees shall be in good appearance while performing services. Employees must wear long pants, shirt with no vulgar or obscene graphics with at least sleeves equivalent of a t-shirt, and durable safety toe shoes. Contractor name shall be visible on shirts. Vehicles and any motorized equipment utilized for transportation shall be in good operating condition with no display of items such as stickers, flags, or etc. Vehicles shall be maintained in accordance with federal, state, and local laws and display contractor name.

C-1.8 SAFETY AND SECURITY REQUIREMENTS.

a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the TPOC or any other project employee may stop all or part of the performance until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for performance not performed as a result of the stop order.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1 https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf and as otherwise stated herein.

b. Accident Prevention Plan (APP). The Contractor shall prepare an Accident Prevention Plan to ensure that requirements of the safety program are provided as specified. This plan must be accepted by the TPOC prior to commencement of any services. One copy of the Accident Prevention Plan shall be provided to the TPOC one week prior to the pre-service conference. The Accident Prevention Plan must be in the outline and form prescribed in Appendix A of EM 385-1-1 (See Appendix G).

c. Activity Hazard Analysis (AHA).

1) The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of services. It is the Contractor’s responsibility to prepare the AHA. Sample AHA’s may be available at the project office for review and use by the Contractor to assist in the development of site specific Activity Hazard Analyses prior to the Contractor performing the service. The Contractor is encouraged to revise or add to these sample AHA’s as necessary to address changing conditions. Prior to performing services with inherent hazards, the Contractor shall review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who shall perform that service each time the service is ordered. The Government may request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that the Government may attend such reviews.

2) The Government will require the Contractor to prepare an AHA for any services for which an adequate AHA does not already exist. A copy of this AHA shall be submitted to the TPOC and must be accepted before the Contractor starts the service. This copy of the AHA will become the property of the Government. Guidance is included, which shall be used by the Contractor as a guide for the preparation of required AHA's.

d. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where services are being performed. The Contractor shall immediately report to the TPOC any potential hazards found by his employees on the project. The Accident Prevention Plan shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor vehicles any persons, except employees, during times the Contractor is on the project performing services under this contract.

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt, long trousers, and appropriate footwear during all contract service. Face shields, spectacles with side-shields, or goggles, gloves and hearing protection shall be worn by employees when required by safety manual. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual. Copies of their certification shall be provided in accordance with regulations. Two people per crew shall be trained in First Aid and CPR. Individuals performing services alone shall be trained in First Aid.

g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The Contractor shall provide Safety Data Sheets (SDS) for review by the TPOC prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

h. Required Security Training and Planning

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 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) 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 that 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

3) Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

4) 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.

C-1.9 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the TPOC immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the TPOC. For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the TPOC a copy of ENG Form 3394. The Contractor shall maintain an OSHA 300 Log of On – The – Job injuries and first aid treatments. The Contractor shall also provide a monthly record of all exposure and accident experience incidental to the performance of services under the contract. This reporting requirement includes exposure and accident experience of both the Prime Contractor and any subcontractor(s). A Monthly Record of Work-Related Injuries/Illnesses & Exposure form will be available from the TPOC. The Monthly Record of Work-Related Injuries/Illnesses & Exposure report shall be provided to the TPOC by the 5th working day of the month for the previous month.

C-1.10 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the TPOC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the TPOC, within 2 work days (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more the Contractor will complete and submit to the TPOC a copy of ENG 3394.

C-1.11 CONTRACTOR EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the services under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the TPOC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the TPOC may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all services required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

C-1.12 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above.

C-1.13 SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the work, or be readily available by phone or other means of communication to respond to any contract issue that may arise when services are in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all services under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor's Quality Control Program. QCI’s shall be responsible for implementing the Contractor’s Accident Prevention Plan. All QCI'S shall have the authority to determine for the Contractor when completed services are ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each crew. For services performed outside normal working hours, a Contractor Representative or QCI shall be present at the job site.

The TPOC and Government Inspectors will deal directly with the QCI’s or Contractor Representatives, for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the TPOC before work is performed.

The Contractor shall maintain copies of contract services requirements, specifications, Activity Hazard Analysis, etc., at each job site which relate to each person's responsibilities and shall review them to ensure employees comprehension of a job prior to initiating services.

C-1.14 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the TPOC. Any of the facilities operated by the Contractor may be inspected by the TPOC, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request. Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the TPOC immediately.

C-1.15 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services. As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. If the 24 hours falls on the weekend or Federal Holiday, the written response shall be provided by 10:00 a.m. Eastern Time the following business day. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

Upon finalization of the CDR, the Contractor and the TPOC must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.16 MEETINGS. The Contractor is required to attend a pre-performance meeting to be scheduled by the TPOC. The Contractor and/or the Contractor’s designated representative shall attend Performance Evaluation Meetings whenever deemed necessary by the TPOC. The TPOC will request a meeting not later than three normal workdays after a Contract Deficiency Report (CDR) is issued. Mutual effort will be made to resolve any problems identified. Written minutes of these meetings shall be prepared by the TPOC, and signed by the TPOC and the Contractor and/or the designated Contractor representative(s). Should the Contractor not concur with any decisions, etc., contained in the minutes, the Contractor shall so state in writing, and request a final decision by the Contracting Officer.

C-1.17 QUALITY CONTROL. The Contractor shall have a Quality Control program to ensure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract specifications.

b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the TPOC.

d. A method of insuring that employees have full knowledge of performance assignments and that appropriate technical expertise is utilized with each performance assignment.

e. A method of coordinating each crew’s activities with the TPOC and/or inspector.

The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the TPOC, and accepted, prior to the Pre-Performance Conference. If changes to this program occur, updated copies shall be provided to the TPOC.

C-1.18 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will keep a record of all complaints received by the public concerning Contractor performance. Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish the Contractor a copy of the findings. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

The Government TPOC will inform the Contractor how the Government intends to inspect the purchase order services, and who will be performing Quality Assurance inspections. Depending upon the type of service being inspected, the Government will use a combination of random, planned and 100% inspections to evaluate the services provided under this purchase order.

C-1.19 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the TPOC, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR.

C-1.20 INTERRUPTIONS TO SYSTEMS. All performance that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the TPOC. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.21 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

1. Government Furnished Facilities. No facilities shall be provided by the government for work under this contract. Restroom facilities for contract employees are the responsibility of the Contractor. The Contractor may elect to use public restroom facilities, unless closed.

a. Utilities. The Government will furnish available utilities (water) to perform the specified work. At remote locations the Contractor shall supply his own utilities such as water. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of services specified in this contract.

b. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

c. Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received.

1. Safety Manual. Prospective contractors may review a copy of the Safety and Health Requirements Manual EM 385-1-1 at the Project Office or view on-line at: https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

C-1.22 CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, herbicide, supplies, or materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations.

b. Equipment. The contractor shall provide all equipment, tools and supplies necessary to perform the herbicide application services outlined in this contract. All equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1. Equipment malfunctions/breakdowns or other situations adversely affecting the performance of purchase order work shall be promptly reported to the Lockmaster/Government TPOC. However, the reporting of such situations shall not be construed as an excuse for not performing the specified services within required time periods. LCL 0246-103 (Notice to the Government of Delays) provides additional details about the requirement for reporting anticipated delays or difficulty in meeting specified delivery schedules.

c. Service Vehicle. It is the Contractor's responsibility to provide service vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies that could reasonably be transported in a standard size 1/2 ton truck with a 4' x 8' bed to and from job sites on the project. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper. An ATV is required to access the island adjacent to the hydropower plant on the Kentucky side.

d. Contractor Equipment and Supply Inspection. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for services under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the TPOC. Only equipment and supplies inspected and approved shall be used for services under this contract. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the Government prior to use.

C-1.23 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the TPOC. Any damage done to Government property by the Contractor shall be promptly reported and repaired. Any item of value found on the service sites shall be placed into the custody of the TPOC for return to the owner, if ownership can be established. The Contractor shall inform the TPOC of any information he or his employees receive about lost and/or found articles from the public. The Contractor shall be responsible for closing and locking gates after entering or leaving areas controlled by the gates.

C-1.24 NOTIFICATION OF SERVICES TO BE DONE. The Contractor will be notified by the TPOC when herbicide spraying is to be performed.

C-1.25 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the services specified herein.

C-1.26 MINIMUM PERSONNEL QUALIFICATIONS.

a. General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge, as evidenced by license, certificate, or diploma, etc., to provide a comprehensive understanding of the systems and components to be serviced, operated, and maintained under this contract. A commercial driver’s license (CDL) will be required to operate certain large trucks, to pull trailers and operate other vehicles as required by the Commercial Vehicle Safety Act of 1986. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to such Government or other applicable regulations that are applicable during the time spent on Government property.

b. Management. The business owner or upper management shall have a minimum of 3 years’ experience in herbicide application, 3 years’ experience managing such services, or a combination of both. Personnel performing herbicide application services shall be certified as an applicator in accordance with IN and KY State Laws.

C-1.27 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain services, including services that could otherwise be performed under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of services by another Contractor, volunteer, lessee, or Government employee. The TPOC can alter the services schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any changes outside of normal working days or hours shall come from the Contracting Officer through a modification to the contract.

C-1.28 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows:

Applicability: The reporting requirement applies to all contracted services, provided the organization that is receiving or benefiting from the contracted services is a Department of Defense organization, including reimbursable appropriated funding sources from non-DoD executive agencies where the Defense Component requiring activity is executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. In general, the only contracted services excluded from reporting are construction and utilities.”

C-1.29 APPLICABLE PUBLICATIONS. The Contractor shall perform technical work in accordance with applicable publications. They include but are not limited to:

C-1.30 DEFINITIONS. As used throughout this description/specification, the following terms shall have the meaning set forth below:

a. Completion Date. All work must be completed by the completion date.

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

c. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform the Contractor's Quality Control program. A QCI shall be responsible for implementing the Contractor Accident Prevention Plan, and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

d. Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract, and shall be the onsite Contractor employee who is responsible for safety.

e. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer.

f. Technical Point of contact (TPOC). Person designated as the representative of the Contracting Officer.

g. Dripline. The dripline is defined as the outside edge of the tree's leaf cover.

h. EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, located on the web at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

i. Fallen Trees. Trees that have fallen, are susceptible to falling, or create a safety hazard.

j. Garbage. Animal and vegetable waste, including grease, resulting from the handling, preparation, cooking and consumption of food.

k. Inspector. Individual designated by the TPOC to perform Quality Assurance.

l. Item. The term item, when used with the contract, refers to the Bid Schedule Items contained in Section B of the contract.

m. Miscellaneous Waste. In addition to all debris, miscellaneous waste includes grass cuttings, leaves, rocks, street sweepings, roofing and construction wastes, automobile and truck parts, the remains of something broken or destroyed, and similar materials 2 square inches or smaller; and driftwood, tree trimmings, and sticks shorter than 18 inches and 1 inch or less in diameter.

n. Mowing. Mowing is defined as the cutting of grass, weeds, vines, or other vegetation, with reel and rotary lawn mowers, gang mowers, or bush hogs.

o. Mowing Cycle. A mowing cycle is defined as the performance of all mowing and trimming within all of the areas ordered within the period as defined in Section C-2.2(f) from the date ordered, excluding weekends or holidays.

p. Ordering Officer (OO). If applicable during this contract, the person designated by the Contracting Officer (KO) with authority to order work under the contract.

q. Outside Top Edge of Ditchline. Elevation of road surface transferred to hillside of ditch.

r. Plants. All ornamental trees, shrubs, flowers, and ground covers on the project.

s. Policing. The picking up of trash, debris, drift, ashes, garbage, and miscellaneous waste, and disposing of the same in accordance with contract specifications.

t. Project. All land and water resources that are managed by the Corps and/or leased by the Corps to other federal, state, or local agencies. Lands include both developed parks and undeveloped lands, and all water resources from the dam to the headwaters, unless otherwise defined by Congress.

u. Quality Assurance. A method used by the Government to provide a measure of control over the quality of services provided by the Contractor.

v. Quality Control. A method used by the Contractor to control the quality of services he/she provides for the Government.

w. Recreation Season. Time period when the recreation areas are open.

x. Resource Manager. A uniformed individual designated responsibility for overseeing the general operation, maintenance, and administration of the project.

y. Technical Point of Contact (TPOC). Person designated as the authorized representative of the Contracting Officer.

z. Trash. A variety of unsalvageable waste material such as metal, glass, rags, tin cans, rubbish, plastic bottles, paper, wrappings, containers, cartons, and similar material.

aa. Trimming. Trimming is defined as the cutting of grass, weeds, vines, or other vegetation at locations which are not accessible to mowing by conventional mowing machines, and therefore requires specialized cutting with hand or string trimmers, sickles, sling blades, or mechanical edgers.

SECTION C-10

Herbicide Application Services

C-10.1 Herbicide Spraying General Information. This section of the purchase order discusses the requirements and specifications of the herbicide spraying services to be performed by the Contractor. The herbicide spraying services include the application of herbicides and cutting of dead vegetation following herbicide applications. After the purchase order has been awarded, the Contractor will be notified when to perform herbicide applications at each site. All herbicide treatments shall be performed within ten (10) days of the Contractor receiving notice to begin spraying work. All herbicide applications shall be scheduled and performed as agreed to during Pre-Work conference with the TPOC.

Unless prior approval is obtained from the TPOC, herbicide spraying will not be permitted on holidays or weekend days. All spraying will be performed during daylight hours. Holidays, weekend days and days when wind or inclement weather prevents spraying, will not be counted when determining whether spraying service is completed within the ten (10) day limit. The areas where herbicide applications will be performed are shown on the Site Maps in Exhibit A. Unless otherwise stated, the Contractor shall provide all chemicals (including, but not limited to herbicides, surfactants, spray stabilizers, emulsifiers and wetting agents), personal protective apparel, other supplies and spraying equipment necessary to perform the herbicide spraying services specified herein. The Government can provide water necessary for the on-site mixing of herbicide solutions. Water may be obtained from the raw water spigot in the maintenance shop compound.

All chemical are to be mixed, handled, applied, and disposed of in accordance with all manufacturers’ instructions and applicable State and Federal laws by a contractor possessing a valid Public Operators License for General Industrial Vegetation Application issued by the States of Indiana and Kentucky and a Right of Way applicators license for Kentucky. Proof of these licenses must be in possession of the contractor and the applicator at all times while on the project and presented, upon request, to any employee, agent, or representative of the Corps of Engineers, the State of Indiana or Kentucky or other agencies having jurisdiction. The contractor is required to avoid contact with any chemical agent used during the spraying operation as required by the manufactures label. This includes but is not limited to the use of appropriate gloves, clothing, shoes, face, eye & respiratory protection.

Apply herbicides as directed to eliminate broadleaf weeds, crabgrass, woody vegetation and any other vegetation from the designated areas. Refer to Area Maps 1- 4.

All requested herbicide treatments discussed in this purchase order are to result in complete control (a 100% kill) of vegetation within the areas designated for herbicide treatments. Hyvar or equivalent shall be used to eliminate or control any wood stem vegetation as well as an herbicide to eliminate or control broadleaf weeds, crabgrass, and other vegetation within the designated areas.

The Contractor shall provide all personnel, materials, supplies, parts, tools, equipment, vehicles, transportation, communication, management, supervision, and quality control required to perform the specified herbicide Cannelton Locks and Dam. The specified services shall be performed in strict accordance with these specifications, and all other terms, conditions, clauses and provisions contained herein or incorporated by reference. This includes all mandatory provisions of the Federal Acquisition Regulation (FAR), whether referenced or not, current at time of award. The purchase order term shall be from date of award through 31 December 2025, unless terminated earlier for cause or extended by the Government for up to four (4) additional one-year option periods.

C-10.1.1. Minimum Personnel and Training Requirements. The Contractor shall provide an adequate number of fully trained and qualified personnel to perform the work specified herein. All Contractor personnel shall be properly trained to perform their assigned work in a safe and effective manner. Training shall include, but is not limited to, instruction on the proper and safe use/operation of Contractor equipment and any Contractor provided tools, supplies and materials required to perform the specified services. Only properly trained and qualified employees shall be used in the performance of services specified under this purchase order. The Contractor shall also assume responsibility for training or orienting Contractor personnel to perform the services specified. In the event the Contracting Officer or his/her Authorized Representative determines that the Contractor does not have a qualified employee performing the specified work, the Contractor shall be required to provide qualified personnel or subcontract the work to a person or persons who are trained and qualified to perform the work.

C-10.1.2. P re-Work Conference. Prior to the commencement of work under the purchase order, the Contractor shall meet with the Lockmaster to thoroughly discuss the purchase order work,…