PWS CB CW Vegetation Control 26-28.pdf

PERFORMANCE WORK STATEMENT (PWS)

Cold Brook and Cottonwood Springs Vegetation Control/Noxious Weeds

US Army Corps of Engineers

Cold Brook Project/Cottonwood Springs

27279 Larvie Lake Road

Hot Springs, SD 57747

1.0 General Information.

1.1 Background. This is a non-personnel services contract to provide Total Vegetative Control and

Noxious Weed Control. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Scope of Work. The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to accomplish herbicide application to control vegetation in identified areas.

Method of vegetation control shall be herbicide application. Spraying will be controlled so that trees

(outside the spraying area), shrubs, flower beds, water, food and etc. are not damaged or contaminated by either the actual spraying/application, drift or runoff and in such a manner that shadowing around objects will not occur. A bio-degradable marker dye is required with all sprayings/applications. The Contractor shall so control all their operations during the performance of the work so as to ensure that the completed work meets all of the requirements of the specifications. All contracted tasks must be completed during the scheduled application period unless otherwise specified herein or authorized in advance by the

Contracting Officer, or his/her authorized representative.

1.3 Period of Performance. The period of performance shall be for one (1) Base Offer and two (2)

Option Years. The Period of Performance reads as follows:

Base Year: 30 April 2026 through 15 September15 2026

- Active period of performance: 30 April 2026 through 15 September 2026

- Inactive period of performance: 16 September 2026 through 29 April 2027

Option 1: 30 April 2027 through 15 September 2027

- Active period of performance: 30 April 2027 through 15 September 2027

- Inactive period of performance: 16 September 2027 through 29 April 2028

Option 2: 30 April 2028 through 15 September 2028

- Active period of performance: 30 April 2028 through 15 September 2028

*Note: The Contractor is not required to perform any services during the inactive period of performance.

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.3.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. At least two (2) individuals are required to perform the services stated in this PWS. All contractor personnel and regular subcontractors shall maintain a neat and clean appearance and shall wear clothing marked with the identifying name of the employee and the contractor, or a company

ID will be displayed on the outside of the clothing. Contractor personnel may be required to wear government supplied identification. All contractor vehicles shall be registered, licensed, and insured to meet all State and local laws. The contractor employees shall be skilled in and capable of performing the work under this contract. All employees of the contractor or subcontractor shall be at least 16 years of age or older.

1.4.2 Subcontracting. The contractor shall not subcontract any of the work without written approval of the

Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, a member of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative (COR) no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance Surveillance Plan. The government will use a Quality Assurance Surveillance Plan

(QASP) during the life of the contract to ensure that the contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE(s)).

1.6.1 The government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not delay the work.

1.6.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. Upon notification, the contractor shall re-perform services within eight (8) hours or by the following day, if notification does not allow sufficient time to complete services during normal business hours. The Contractor shall notify the COR within 24 hours of completion and a re-inspection shall be conducted.

1.6.3 The government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that related to the performance of such service or (2) terminate the contract in whole or in part.

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage or (2) make a determination to not exercise any future option periods on the contract.

1.7 Hours of Operation. The contractor is responsible for conducting business, between the hours of

6:30 a.m. thru 9:00 p.m. Central Time Monday thru 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. Contractor may not spray on weekends or holidays unless prior approval is given by the COR. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this

PWS when the Government facility is not closed for the above reasons. When hiring personnel, the

Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work

Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the contractor shall coordinate their proposed work schedule with the COR.

1.9. Submittals. Prior to commencement of services, the contractor shall submit the following documents to the COR for review and approval:

a. Activity Hazard Analysis (AHA);

b. Abbreviated Accident Prevention Plan (APP)

c. List of who will perform work on this contract;

d. Proof of Insurance for Contractors and Subcontractors;

e. Material Safety Data Sheets (MSDS): The Contractor shall supply MSDS’s for all chemicals to be used on the project.

1.10 Standards and Regulations. The contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations

Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-

(http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-

316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated

November 2014;

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

1.pdf

c. Occupational Safety and Health Standards (29 CFR 1910);

1.10.1 Activity Hazard Analysis (AHA). Contractor shall prepare AHAs IAW Paragraph 01.A.14 or

01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare AHAs IAW Figure 1-2.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 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

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard

Analyses (JHAs), or similar Risk Management assessment tools. The government shall consider these documents equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services performed by the contractor.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; Contractors may reference Appendix A, for abbreviated

Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific Abbreviated

Accident Prevention Plan (AAPP). Prepare the AAPP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for Government approval prior to the start of work onsite.

1.11 Physical Security

1.11.1 The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times.

1.12.2 Key Control. The contractor shall ensure all keys issued by the government are not lost, stolen, duplicated, or used by unauthorized persons.

1.12.2.1 The contractor shall immediately report to the COR any occurrences of lost or stolen keys.

1.12.2.2 In the event keys, other than master keys are lost or stolen, the contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the government.

The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. If a master key is lost or stolen, the government may need to replace all locks and keys for that system. The government will deduct the total cost to replace the locks and keys from the contractor’s monthly invoice.

1.12.2.3 The contractor shall prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor shall not facilitate access of secured areas to persons other than contractor personnel or subcontractors engaged in performance of contract work requirements.

1.13 Antiterrorism/Operation Security Requirements. N/A

1.14 Payment

1.14.1 The government will make payment monthly, after the government has inspected and accepted the services provided by the contractor, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.14.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February

23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth

(5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average.

The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer’s Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the

Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. N/A

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. The contractor is responsible for water needed to perform spraying services.

4.2 Materials. The Contractor shall furnish all materials including chemical, marker dye and mix water necessary to properly perform the work defined in this contract.

4.2.1 The Contractor must supply the COR with Material Data Safety Sheets for any products used on this contract.

4.2.2 Only EPA registered chemicals approved for use in the State of South Dakota shall be applied. All chemicals will be approved by the COR prior to application. Chemicals shall be mixed and applied at rates consistent with their respective labels and manufacturer recommendations. Application rates shall be such that the target pest is killed and not simply burnt. Contractor is to have Material Safety Data Sheets

(MSDS) for all chemicals/dyes to be used.

4.3 Equipment: The Contractor shall provide all equipment that is of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

4.3.1 All equipment shall be of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements.

4.3.2 The COR will be given a list of all equipment and materials used by the Contractor on this contract.

4.3.3 The Contractor will be required to present all equipment to the COR for inspection upon bringing it on to Government Property and before it is used to perform work on this contract.

4.3.4 The contractor's equipment shall not be stored on government property administered by the Corps of Engineers, Big Bend Project. All chemicals, chemical mix, and chemical refuse shall be removed from government lands upon completion of each day's spraying.

4.3.5 The contractor will not be allowed to use motorized equipment (4-wheelers, UTVs, vehicles etc.) on the upstream or downstream slopes of either dam. The use of hose reels or hand spraying are permissible methods to spray these areas. Other methods of spraying must have prior approval of the COR.

5.0 Specific Tasks

5.1. Basic Services. The contractor shall provide services for Vegetation Control

5.2. GENERAL. The Contractor will provide complete herbicide application services for control kill of vegetation in designated areas as outlined in this contract. Areas to be sprayed include: parking lots, fence lines, storage areas, vault toilet areas, rip rap, along guard rails, roads and curb/pavement cracks.

Areas adjacent to or exposed to (i.e. rip rap and boat ramp areas) will be sprayed using a product to control vegetation around water. Areas that are not adjacent to the water (i.e. parking lots, guard rail, sidewalks) will be sprayed with a product such as Pramitol 25E or equivalent to inhibit plant growth for a year or more. Areas with playground equipment or other high use public areas will be sprayed with a product that safe to be sprayed around the public. The Contractor will also provide noxious weed control on project lands. All areas are on Federal Property managed by the U.S. Army Corps of Engineers.

5.2.1 Total Vegetation Treatment Application Phases. The services to be furnished under this contract shall be provided in two phases; an initial application and a follow-up application. The contractor shall

NOT start spraying until notification and meeting with the COR. It shall be the contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the spraying phase within the allotted time frame. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift.

5.2.1.1 Initial application will consist of complete coverage/spraying and control of vegetation in identified areas. The initial application will begin at the request of the COR and the contractor will work without interruption so long as the weather and conditions are favorable for application.

5.2.1.2 Follow-up application will consist of a total reapplication of herbicide to all areas covered under this contract. The follow-up application will be at the request of the COR and will typically be 30-60 days following the initial application.

5.2.1.3 The contractor will be required to spray the following areas for both the initial and follow-up application to maintain vegetative control:

Cold Brook Project Acres

Map 1

Dam Embankment 12.00

Creek Crossing Guardrail 0.20

Overlook Guardrail/Stockpiles/Access Road/Building Area 2.15

Spillway 0.90

Maintenance Yard 0.30

Parking Area 0.10

Guard Rail/Parking Area 0.70

Total 16.35

Cottonwood Springs Project Acres

Map 2

Boat Ramp 0.30

Dam Embankment/Access Roads 17.0

Spillway Access Area 8.00

Guard Rail 1.10

Picnic Shelters/Playground/Vault Toilet 0.30

Parking Lot/Trail 2.00

Total 28.7

TOTAL SPRAYING PER ONE TREATMENT 45.05 ACRES

5.3 Noxious Weed Control The services to be furnished under this contract shall be provided in two phases; a spring application and a fall application. The contractor shall NOT start spraying until notification and meeting with the COR. It shall be the contractor's responsibility to start and provide a continuous spraying operation from day to day, weather permitting, until completion of the spraying phase within the allotted time frame. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift.

5.3.1 Spring Application Spring application will consist of complete coverage/spraying of noxious weed infestations.

50 acres required as scheduled.

Base Offer 30 April 2026 15 September 2026 Option Year 1 30 April 2027 through 15 September 2027 Option Year 2 30 April 2028 through 15 September 2028

6.0 Performance Requirements Summary

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

Performance Objective

Standard Performance Threshold

Method of

Surveillance

PRS # 1.

The contractor shall provide a herbicide application. Per paragraph 5.2.1

The contractor shall spray all noted species with a minimum of 95% kill rate. In accordance

5.2.1.

ZERO DEVIATION

FROM STANDARD

Periodic

Inspection

PRS # 2

The contractor shall provide a herbicide application. Per paragraph 5.3

The contractor shall spray all noted species with a minimum of 95% kill rate. In accordance with 5.3

ZERO DEVIATION

FROM STANDARD

Periodic

Inspection

7.0 DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

Invoice Within 10 days of completed work

1 Copy

Paper (hard copy)

US Army Corps of

Engineers

Attn: TBD

33573 North Shore Road

Chamberlain SD 57325

Pesticide

Application

Records

Same as above 1 Copy Paper (hard copy) Same as above

7.0 Attachments

Attachment – Aerial Maps