CCL Herbicide Application PWS 2025 - 07 April 2025.pdf

Performance Work Statement Dated 06 March 2025 Updated 07 April 2025 Herbicide Application

U.S. Army Corps of Engineers Carr Creek Lake

843 Sassafras Creek Road, Sassafras, KY 41759 606-642-3308

TP-1.1 GENERAL:

a. Description. The contractor shall furnish all materials, supplies, tools, parts, equipment, transportation, labor, supervision, communication, and quality control to complete the work listed below, at the areas specified, at Carr Creek Lake, located in Knott County, Kentucky.

b. Work shall be provided in accordance with all Terms, Conditions, General, Specific and Technical Provision, Exhibits, Attachments, Drawings, etc. contained herein or incorporated by Reference. All distances and measurements given are approximate. Each bidding contractor is urged to visit the job site to assess quantities, critical dimensions, and work conditions. All work will be done according to standard industry practices. Access to the work area is controlled and appointments to look at the site shall be coordinated with the Project Manager. This includes all mandatory provisions of the Federal Acquisition Regulation (FAR), whether referenced or not, current at time of award.

c. Contractor Responsibility. Contractor’s work and responsibility shall include, but are not limited to supply of equipment/materials, all planning, programming, administration, management, supervision, and inspection required to assure all equipment/materials are acquired and services are conducted in accordance with the contract and all applicable laws, regulations, or directives. The Contractor shall insure all work meets or exceeds specifications. The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

d. Performance Required: Special consideration of the Contractor is directed to the fact that the required accuracy, thoroughness, safety, and progress of this work are essential to the intended purpose. The contractor must be cognizant of the difficulties involved and of the contingencies which may arise, and must make certain that their personnel, equipment, transportation facilities and supply of materials are adequate at all times to ensure complete compliance with all provisions of these specifications. The work shall be done under professional supervision by competent employees. All contract services shall be in accordance with the submitted documents, and any additions, revisions or deletions must be approved by the Contracting Officer or his/her authorized representative.

e. Completion of Work: Completion of work shall include acceptable performance of all aspects of this contract.

f. Conditions:

1. The Corps of Engineers reserves the right to cancel all or part of the work described in this Request for Quote if costs exceed anticipated funding.

2. Pre-Work Conference: The contractor will be required to attend a pre-work conference, scheduled at least one week prior to beginning work, where the Contractors plan of work, safety plan, security plan, start-up date, and other items included in this contract will be briefly discussed. The contractor will also be required to supply the necessary proof of liability insurance (copy of insurance forms) at that time.

In addition, a copy of the MSDS sheets will be given to the government at this time and reviewed to ensure contractor compliance. This area is a secure area and the contractor will need to supply the government with a list of contractor personnel that will be working on-site.

3. Damages: The contractor shall be responsible for all damages to government or private property during the course of this contract. The contractor shall have appropriate insurance to cover liability and damages.

4. Hours and Days of Work: Work may be conducted at Carr Creek Lake between the hours of 7:00 a.m. and 4:30 p.m. EST, Monday through Friday. No work shall be performed outside of these times, or on Saturday or Sunday or on Federal Holidays, unless approved by the Technical Representative at Carr Creek Lake.

5. Payment Procedure/Additional Work. At no time should the contractor do additional work without prior authorization of the Contracting Officer, and no work shall be performed that will cause the Contractor to exceed the contract price. Work performed without a binding contract document authorizing such work shall result in the Contractor not being paid for that work performed. During the course of the contract, any additional work determined to be needed may be requested by the Park Manager to the Contracting Officer for a Contract Modification.

6. Contract Start and Completion Dates: Work under this contract shall begin no later than 30 calendar days after the Notice to Proceed (NTP) being issued and must be completed NLT 60 calendar days later. Additional time may be granted for inclement weather, when coordinated with and approved by the Park Manager. This includes delay of work that may occur during excessive rainfall or wet periods.

7. Wage Rates: Department of Labor wage rates apply to this work and are included. The contractor, if requested, is required to provide payroll documents for all work performed under this contract.

8. The Contractor shall, at all times prior to delivery, take care to protect and preserve all materials, supplies, and equipment of every description (including material and property which may be Government owned) and all work performed. All reasonable requests of the Technical Representative or his/her authorized representative to enclose or specially protect such property shall be complied with. If so determined by the Technical

Representative, material, equipment, supplies, and work performed are not adequately protected by the Contractor, such property may be protected by the Government and the cost thereof may be charged to the Contractor or deducted from any payment due to them.

9. The contractor shall become familiar with all details of the work, verify and be responsible for all critical measurements, dimensions in field, and shall advise the TECHNICAL REPRESENTATIVE of any discrepancy prior to performing work.

10. The Contractor will notify the Contracting Officer or his/her authorized representative, upon commencement of work activities, and difficulties, interruption, or suspension of work, and when the required work has been completed. The Contractor shall update the Contracting Officer, or their authorized representative, no less than once weekly on status of work being done. Work will commence when the funds are allocated and work orders have been received from the Contracting Officer or his/her authorized representative.

11. Site Visit: A site visit will be conducted on 16 April 2025 at 10:00 Eastern Daylight Time at the Carr Creek Lake Project Office located at 843 Sassafras Creek Road, Sassafras, KY 41759. Potential offerors are strongly encouraged to attend the site visit to review the site areas provided in Exhibit A, Site Maps. The contact person for the site visit will be Technical Point of Contact, Jesse Saylor, Natural Resource Project Manager for Carr Creek Lake.

TP-1.2 CONTRACTOR SUBMITTAL: Unless otherwise specified, the Contractor shall submit the following information to the TECHNICAL REPRESENTATIVE prior to the pre-work conference for this contract:

a. Safety Plans. The Contractor shall submit, for acceptance by the TECHNICAL REPRESENTATIVE, an accident prevention plan and Activity Hazard Analysis (AHA) in accordance with the requirements of the Corps of Engineer’s Safety and Health Requirements Manual, EM385-1-1, hereinafter referred to as the Safety Manual, current at the time of award.

b. Certification of Employees Qualified to Administer First Aid and CPR. The Contractor shall submit proof the appropriate number of employees, as required in the Safety Manual, are certified to administer First Aid and CPR.

c. Copy of the applicable commercial herbicide applicator’s license. The Contractor shall submit proof of possession of the applicable KY state commercial herbicide applicator’s licensing for this project.

TP-1.3 SAFETY:

a. General Safety. The Contractor shall comply with the safety standards contained in Corps of Engineers Manual, EM 385-1-1, “Safety and Health Requirements Manual”, current at the time of award, as well as all current provisions of the Occupational Safety and Health Act

(OSHA).

b. Safety Manual Requirements. The Contractor and employees shall comply with all pertinent sections of the Corps of Engineer’s Safety and Health Requirements Manual, EM 385- 1-1, current at the time of award, and any subsequent revisions. This manual will be available on the Internet at:

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

The Contractor’s safety plan must be submitted in writing and can be turned in at the same time as the pre-work conference.

c. 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 sleeved shirt, long trousers and safety-toe shoes or boots during all contract work. Hard hats, face shields, safety glasses with side-shields, or goggles, and hearing protection shall be worn by employees when required by safety manual. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees.

d. 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 before work begins under this contract.

TP-1.4 ACCIDENT REPORTING. The Contractor shall maintain accurate accident records and report accidents as prescribed by the TECHNICAL REPRESENTATIVE. Accidents shall be reported within 24 hours of occurrence, and all serious accidents (those resulting in death or injury requiring medical attention or lost time) shall be reported immediately.

TP- 1.5 DAMAGE REPORTS. In all instances where Government property, equipment, natural features, landscape, or trees are damaged by contract employees, an immediate notification shall be made to the TECHNICAL REPRESENTATIVE. A full report of the incident and extent of such damage shall be submitted to the TECHNICAL REPRESENTATIVE within two working days of occurrence, excluding weekends and holidays.

TP-1.6 CONTRACT EMPLOYEES. All contract employees shall conduct themselves in a proper and courteous manner at all times. 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 work 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.

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

TP- 2.1 SPECIAL REQUIREMENTS:

a. Security:

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. 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.

TP-3.1 GENERAL SPECIFICATIONS:

CLIN 0001 (Base): Apply Herbicide at Shingle Branch

The work will consist of the following methods as specified herein:

2. Techniques used for treatment will be done as specified below. Herbicide application rates will be in accordance with the manufactures recommended application rate.

3. All herbicide treatment rates, mixtures, and timing will be per manufacturer’s recommendation to ensure maximum efficiency of the kill rate.

4. There must be a 100% kill rate at target areas. Failure to meet the kill rate will require follow up with a second treatment. Hand operated pump sprayers or a tank mounted sprayer on a vehicle may be used when spraying.

To minimize the need for retreatment:

• Foliar herbicide application should not occur when rain is anticipated within four hours of treatment site

5. All work done will be within the vicinity of water will be accomplished with the following special considerations to minimize contamination: Use an Aquatic safe herbicide OR adhere to the following bulleted restrictions.

• Herbicide shall not be applied to surface waters.

• Herbicide shall not be applied near water in a manner that will allow seepage of herbicide into the water.

6. Mixing and Container Disposal: Mixing as well as cleaning of equipment and, cleaning of clothing, is not permissible in the recreation areas, near open water, or close to wells. Empty herbicide containers shall be disposed of at landfill on the same or next day after use and containers most be disposed of at a landfill authorized to dispose of this type of waste material. Containers shall not be stored for disposal at a later date. The water source should be from a domestic supply so as not to reduce the efficacy of the herbicide.

7. Two herbicide treatments will be required to satisfy the terms of this contract. The first treatment should begin after 15 May and be completed by 30 May and the second treatment should begin after 01 September and be completed no later than 15 September. After completion of the first spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 05 June for payment. After completion of the second spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 20 September for payment.

CLIN 0002 (Option): Apply Herbicide at Damsite Right Abutment, Option 1

1. Techniques used for treatment will be done as specified below. Herbicide application rates will be in accordance with the manufactures recommended application rate.

2. All herbicide treatment rates, mixtures, and timing will be per manufacturer’s

3. There must be a 100% kill rate at target areas. Failure to meet the kill rate will require follow up with a second treatment. Hand operated pump sprayers or a tank mounted sprayer on a vehicle may be used when spraying.

4. All work done will be within the vicinity of water will be accomplished with the

5. Mixing and Container Disposal: Mixing as well as cleaning of equipment and, close to wells. Empty herbicide containers shall be disposed of at landfill on the same or next day after use and containers most be disposed of at a landfill authorized to dispose of this type of waste material. Containers shall not be stored for disposal at a later date. The water source should be from a domestic supply so as not to reduce the efficacy of the herbicide.

6. Two herbicide treatments will be required to satisfy the terms of this contract.

The first treatment should begin after 15 May and be completed by 30 May and the second treatment should begin after 01 September and be completed no later than 15 September. After completion of the first spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 05 June for payment.

After completion of the second spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 20 September for payment.

CLIN 0003 (Option): Apply Herbicide at Defeated Creek Sediment Dam, Option 2

1. Techniques used for treatment will be done as specified below. Herbicide application

1. All herbicide treatment rates, mixtures, and timing will be per manufacturer’s

2. There must be a 100% kill rate at target areas. Failure to meet the kill rate will require follow up with a second treatment. Hand operated pump sprayers or a tank mounted sprayer on a vehicle may be used when spraying.

3. All work done will be within the vicinity of water will be accomplished with the

4. Mixing and Container Disposal: Mixing as well as cleaning of equipment and, cleaning of clothing, is not permissible in the recreation areas, near open water, or close to wells. Empty herbicide containers shall be disposed of at landfill on the same or next day after use and containers most be disposed of at a landfill authorized to dispose of this type of waste material. Containers shall not be stored for disposal at a later date. The water source should be from a domestic supply so as not to reduce the efficacy of the herbicide.

5. Two herbicide treatments will be required to satisfy the terms of this contract. The first treatment should begin after 15 May and be completed by 30 May and the second treatment should begin after 01 September and be completed no later than 15 September.

After completion of the first spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 05 June for payment. After completion of the second spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 20 September for payment.

CLIN 0004 (Option): Apply Herbicide at Littcarr Sediment Dam, Option 3 close to wells. Empty herbicide containers shall be disposed of at landfill on the same or next day after use and containers most be disposed of at a landfill authorized to dispose of this type of waste material. Containers shall not be stored for disposal at

6. Two herbicide treatments will be required to satisfy the terms of this contract. The second treatment should begin after 01 September and be completed no later than 15 September. After completion of the first spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 05 June for payment. After

CLIN 0005 (Option): Apply Herbicide at Marina, Option 4 close to wells. Empty herbicide containers shall be disposed of at landfill on the same or next day after use and containers most be disposed of at a landfill authorized to dispose of this type of waste material. Containers shall not be stored for disposal at second treatment should begin after 01 September and be completed no later than 15 September. After completion of the first spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 05 June for payment. After

CLIN 0006 (Option): Apply Herbicide at the Smith’s Branch, Option 5 close to wells. Empty herbicide containers shall be disposed of at landfill on the same or next day after use and containers most be disposed of at a landfill authorized to dispose of this type of waste material. Containers shall not be stored for disposal at the Carr Creek Lake project office no later than 05 June for payment. After

CLIN 0007 (Option): Apply Herbicide at Deerlick Branch, Option 6 close to wells. Empty herbicide containers shall be disposed of at landfill on the same or next day after use and containers most be disposed of at a landfill authorized to dispose of this type of waste material. Containers shall not be stored for disposal at

6. Access to this site must occur via boat as its location is across lake from Ky. Hwy

160. All applicable safety gear such as life jackets must be worn while accessing the work site.

the Carr Creek Lake project office no later than 05 June for payment. After

CLIN 0008 (Option): Apply Herbicide at Littcarr, Option 7 close to wells. Empty herbicide containers shall be disposed of at landfill on the same or next day after use and containers most be disposed of at a landfill authorized to dispose of this type of waste material. Containers shall not be stored for disposal at

6. Access to this site must occur via boat as its location is across lake from Ky. Hwy

160. All applicable safety gear such as life jackets must be worn while accessing the work site.

second treatment should begin after 01 September and be completed no later than 15 September. After completion of the first spraying, an invoice should be delivered to the Carr Creek Lake project office no later than 05 June for payment. After

TP 3.2 GOVERNMENT INSPECTION: The method of government surveillance used will be Planned Sampling or 100% inspection. Surveillance by planned sampling is designed to inspect some part, but not all of the contract services requirements being monitored. Surveillance by 100% inspection requires that every occurrence of a performed service be monitored.

Contract requirements using these evaluations are generally those that occur infrequently, or are essential, or are costly to perform, or at the Government's discretion. These results are then compared to the specific performance standards. When an area of vegetation removal and spraying is finished, the contractor will ensure that all logs and work records for that section have been completed before the Technical Representative is notified to perform the Quality Assurance (QA) Inspection. The contractor will not move into another section to perform contract services until the Technical Representative has instructed them to do so. Typically, this will require completion of the QA inspection of the area and acceptance of the work. However, in some circumstances, the contractor may be allowed to begin work in subsequent areas with the understanding that they may be required to return to an area if work is not accepted by the government.

-End of Specifications-

EXHIBIT A

Site Maps

Base – Shingle Branch (approximately .6 acres)

Option 1 – Right Abutment of Dam (approximately .6 acres)

Option 2 – Defeated Creek Sediment Dam (approximately 1.15 acres)

Option 3 – Littcarr Sediment Dam (approximately .70 acres)

Option 4 – Marina (approximately .85 acres)

Option 5 – Smith’s Branch (approximately 2.5 acres)

Option 6 – Deerlick Branch (approximately 1 acre)

Option 7 – Littcarr (approximately .4 acres)

TP-1.1 GENERAL: