PWS KO approved.pdf

Herbicide Spraying Service Contract Pine Flat Lake

Performance Work Statement January 20, 2026

Project: Herbicide Spraying Services at Deer Creek Recreation Area, Island Park Recreation Area, Deer Creek Point Group Campsites, Lakeview Recreation Area, Trimmer Recreation Area, Edison Point Wildlife Area, Kings River Wildlife Area, and Pine Flat Dam and Headquarters Compound, Fresno County, CA. All areas are located within the Pine Flat Lake and Dam Project boundaries on U.S. Army Corps of Engineers (USACE) owned land.

Points of Contact

Contracting Officer’s To Be Determined (TBD) at Time of Award Representative (COR) U.S. Army Corps of Engineers

CESPK-ODS-P

P.O. Box 117

27295 Pine Flat Road Piedra, CA 93649-0117

Chief of Safety & TBD at Time of Award Occupational Health U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-SO 1325 J Street Sacramento, CA 95814-2922 Ph: TBD at Time of Award Email:

Contracting POC TBD at Time of Award U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-CT 1325 J Street Sacramento, CA 95814-2922 Ph: TBD at Time of Award Email: TBD at Time of Award

Payment Questions: Direct payment questions to shall be directed to the Contracting Officer’s

Representative (COR).

For prompt payment, submit invoices to all parties and follow the guidance provided in the Payment and Invoices paragraph. Payment is NET 30 unless the Contractor specifies prompt payment discount terms in the quote/proposal.

Incomplete or inaccurate invoices shall be returned to the Contractor for revision.

1. General Information

1.1 This is a performance-based contract for Herbicide Spraying Services at Pine Flat Dam & Lake, Fresno County, CA. The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described within this contract in accordance with the performance objectives.

2. Introduction

2.1 This Performance Work Statement (PWS) describes the basic objectives for Herbicide Spraying Services at Pine Flat Dam, Pine Flat Headquarters, Misty Flat Restricted Area, Kings River Wildlife Area, Deer Creek Recreation Area, Island Park Recreation Area and Campground, Lakeview Recreation Area, Edison Point Wildlife Area, Trimmer Recreation Area and Campground, and other areas within the Pine Flat Dam & Lake project boundaries. The performance-based service contract provides potential bidders the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the bidder’s understanding of all aspects of the effort to be performed by eliminating the “how to” instructions to accomplish the required effort normally contained on the PWS that the Government traditionally provides to prospective bidders. Minimum levels of performance and remedies for failure to meet the Acceptable Quality Levels (AQL) are outlined in the “Quality Assurance Surveillance Plan” (QASP), contained in Attachment A.

3. Description of Services

3.1 Contractor shall furnish all labor, materials, equipment, transportation, and supplies necessary to fulfill the terms and conditions stated in this contract. The Contractor shall be responsible for all costs related to performing this contract and its successful completion. Services include the spraying of herbicides at Pine Flat Dam, Pine Flat Headquarters, Misty Flat Restricted Area, Kings River Wildlife Area, Deer Creek Recreation Area, Island Park Recreation Area and Campground, Lakeview Recreation Area, Edison Point Wildlife Area, Trimmer Recreation Area and Campground, associated access roads, and other areas within the Pine Flat Lake and Dam Project boundaries. All work, materials and equipment shall be subject to the control and acceptance of the Contracting Officer’s Representative (COR).

3.2 The Contractor will be required to return and perform additional services, at no cost to the

Government, if all treated areas do not demonstrate a 90% vegetative kill rate. The herbicides used shall be capable of killing existing vegetation (contact kill) as well as preventing future germination (pre-emergent kill). The treatment sites shall be monitored by the Contractor to ensure specified vegetative control results are achieved. The Contractor shall contact the COR, or their representative, in person or by phone, no sooner than 14 days, and no later than one month, after the completion of each application to discuss the results of inspections and contract performance.

3.3 Pine Flat Lake Herbicide Spraying Guidelines - The Contractor shall provide services for spraying herbicides within the given parameters.

3.3.1 This contract includes a total of approximately 877,255 Square Feet / 20.14 Acres for one service in a year or 1,754,510 Square Feet / 40.28 Acres for two services in one year. Government estimate(s) shall be based on totals for services twice per year for a five (5) year (60 month) period.

3.3.2 Herbicides used for the services in this contract shall be registered with the U.S. Environmental

Protection Agency (EPA) and be approved for use in California and Fresno County. The Contractor shall only use herbicides that are accepted in advance by the COR. The herbicides used shall be capable of killing existing vegetation (contact kill) as well as preventing future germination (pre-emergent kill). The following herbicides are currently acceptable for use at Pine Flat Lake:

a. Garlon 4 (EPA Registration Number 62719-40)

b. Roundup (EPA Registration Number 524-308)

c. Surflan (EPA Registration Number 70506-43)

d. Transline (EPA Registration Number 62719-259)

e. Accord XRT (EPA Registration Number 62719-517)

f. Garlon 3A (EPA Registration Number 62719-37)

g. Landmark XP (EPA Registration Number 352-645)

h. Milestone VM (EPA Registration Number 62719-537)

i. Polaris (EPA Registration Number 35935-54)

j. Other (as accepted by COR)

3.3.3 The Contractor shall use a non-toxic coloring agent in all herbicide applications/treatments to allow Government employees and visitors in the area to identify treated areas.

3.3.4 The Contractor shall use herbicides approved for aquatic use in evaporation pond basins, and all other areas which can reasonably be expected to become submerged or drain into the lake due to runoff or rising lake elevations.

3.3.5 The Contractor shall post signs in public use areas before the application of any herbicides. Signs shall inform the public of the type of chemical being used and pertinent emergency information.

All signs shall be accepted by the COR and/or their designated representative.

3.3.6 The contractor shall not spray within 100 feet of any person in any area. It is the contractor’s responsibility to ensure all areas are sprayed after the areas are cleared of any person(s).

3.3.7 The Contractor shall submit a Safety Data Sheet (SDS) and product label for each chemical used to fulfill contract requirements and provide copies to the COR.

3.3.8 All chemical solutions shall be pre-mixed off the project site. No mixing of chemicals shall be allowed on project lands. Chemicals used near trees and shrubs shall resist leaching. All cleaning of equipment and disposal of excess chemicals shall be done off project lands and in accordance with all applicable state, local and federal codes. Water shall not be obtained from Government sources for the purpose of mixing chemicals, flushing tanks or washing equipment. The Contractor shall submit an Herbicide Application Record (Attachment D) to the COR no more than ten (10) working days following each application of herbicide. Copies of the Herbicide Application Record are available from the COR. The Contractor shall post public notices at each access road informing project visitors of herbicide applications each day that work shall be performed. Notices shall list the dates of work and shall remain posted during an absorption period of 72 hours after application. Notices shall be removed by the Contractor immediately after the 72-hour period.

3.3.9 Under typical operating procedures as outlined in section 15.1, all CLIN’s listed in this contract

(below), a minimum of one (1) and a maximum two (2) services (if necessary) for each individual

CLIN may be ordered per contract year. The second service will be requested by specific CLIN and may or may not include all CLIN’s. The application shall be conducted twice per year and will be scheduled with the Contractor within no less than seven (7) days of the requested services.

3.4 Pine Flat Dam, Headquarters, Misty Flat Restricted Area, and Kings River Wildlife Area -

The Contractor shall provide services for applying herbicides on roadsides, fence lines, trails, and other designated areas as follows.

3.4.1 Dam Access Road

The colors indicated below can be referenced on the “Dam Access Roads” map in Attachment E Total Approximate Area: 104,123 Square Feet ~ 2.5 Acres

a. Five (5) feet along asphalt roadside shoulders, turnouts, and gates leading up to the dam from the intersection of Pine Flat Rd. and the Dam Access Rd. (orange)

b. Five (5) feet along asphalt roadside shoulders from the rear gate at the Headquarters

Compound to the Dam Access Rd. (orange)

c. Three (3) foot wide perimeter around the main security gate on the Dam Access Rd. (red)

d. All cracks with a quarter inch or greater gap in the asphalt road and parking lot at the top of the Dam Access Road. An estimated 3,500 square feet is calculated to account for the spraying of cracks.

3.4.2 Headquarters

The colors indicated below can be referenced on the “Headquarters” map in Attachment E.

Total Approximate Area: 81,304 Square Feet ~ 1.87 Acres

a. 60 feet wide perimeter along the inside of all fence lines south of both gates. (yellow)

b. Six (6) foot wide perimeter along the inside of all fence lines north of both gates. (yellow)

c. Six (6) foot wide perimeter (3 feet on each side) around the front and back gate. (red)

d. The flagpole, weather station, designated area near the back parking, and designated areas near the heavy equipment bay shall be sprayed. (green)

3.4.3 Kings River Wildlife Area

The colors indicated below can be referenced on the “Kings River Wildlife Area” map in Attachment E.

Total Approximate Area: 37,624 Square Feet ~ .86 Acres

a. Six (6) foot wide perimeter (3 feet on each side) along the East fence line boundary and gates.

(yellow)

b. Five (5) foot wide perimeter around the edge of the restroom and pavilion foundations. (red)

c. Five (5) foot wide perimeter around the edge of the designated asphalt road inside of the

Kings River Wildlife Area. (orange)

3.4.4 Misty Flat Restricted Area

The colors indicated below can be referenced on the “Misty Flat Restricted Area” map in Attachment E.

Total Approximate Area: 26,687 Square Feet ~ .63 Acres

a. Six (6) foot wide perimeter (3 feet on each side) along the West fence line boundary and gates. (yellow)

b. Five (5) feet from the edges of the asphalt entrance road and main road through Misty Flat

Restricted Area. (orange)

c. 20-foot-wide perimeter around the storage building. (red)

d. All cracks with a quarter inch wide or greater gap in the asphalt road or storage shed foundation. An estimated 1,000 square feet is calculated to account for the spraying of cracks.

3.5 Deer Creek Recreation Area - The Contractor shall provide services for applying herbicides on roadsides, parking lot perimeters, restrooms, boat ramps and other designated areas as follows.

3.5.1 Asphalt Parking Lot

The colors indicated below can be referenced on the “Deer Creek Recreation Area” map in Attachment F.

Total Approximate Area: 8,650 Square Feet ~ .2 Acres

a. Five (5) foot wide perimeter along all edges of the parking lot. (blue)

b. All cracks with a quarter inch wide or greater gap in the parking lot. An estimated

1,000 square feet is calculated to account for the spraying of cracks.

c. Spray area is subject to change due to rising or receding lake levels.

3.5.2 Structures and Signs

The colors indicated below can be referenced on the “Deer Creek Recreation Area” map in Attachment F.

Total Approximate Area: 1,504 Square Feet ~ .03 Acres

a. Three (3) foot wide perimeter along all edges of the concrete foundations that hold the fee station, restroom, and life jacket loaner station. (red)

b. All cracks with a quarter inch wide or greater gap in the concrete foundations.

c. Six (6) foot wide perimeter (3 feet on each side around all signs with two posts and three (3) foot wide perimeter around all signs with one post in the recreation area, including the “Deer Creek Recreation Area” entrance sign at the intersection of Sunnyslope Rd. and Trimmer Springs Road. (red)

3.6 Island Park Recreation Area and Campground - The Contractor shall provide services for applying herbicides on roadsides, parking lot perimeters, boat ramp(s), trails, evaporation ponds, restrooms, campsites, and other designated areas as follows.

3.6.1 Roads, Signs, and Asphalt Parking

The colors indicated below can be referenced on the “Island Park Recreation Area and Campground” map in Attachment G.

Total Approximate Area: 65,984 Square Feet ~ 1.4 Acres

a. Five (5) foot wide perimeter along all edges of the roads throughout the campground, and recreation areas. This does not include the road out to the Group Sites. The Contractor shall NOT spray road perimeters inside the overflow camping area rows.

(orange)

b. All cracks with a quarter inch wide or greater gap in the asphalt roads or parking slips. An estimated 1,500 square feet is calculated to account for the spraying of cracks.

c. Three (3) foot wide perimeter along all edges of the asphalt campsite parking slips throughout the campground. (yellow)

d. Six (6) foot wide perimeter (3 feet on each side) around all signs with two posts and three (3) foot wide perimeter around all signs with one post in the campground and recreation area, including the “Island Park Campground” entrance sign on Trimmer Springs Road.

3.6.2 Embankment and Dirt Parking Area

Campground” map in Attachment G.

Total Approximate Area: 42,534 Square Feet ~ 1 Acre

a. The entire designated embankment and parking areas on either side of the Island Park Entrance Road. (blue)

3.6.3 Campground Structures

Campground” map in Attachment G.

Total Approximate Area: 8,654 Square Feet ~ .2 Acres

a. Five (5) foot wide perimeter along all edges of the six (6) restrooms, four (4) storage sheds, sheriff shack, self-pay fee station, life jacket loaner station, fee booth, fish cleaning station, and dump station. (light blue & red)

b. All cracks with a quarter inch wide or greater gap in the concrete foundations.

3.6.4 Campsites

Areas are NOT indicated in “Island Park Recreation Area and Campground” map in Attachment G.

Total Approximate Area: 39,200 Square Feet ~ .9 Acres

a. All tent pad areas (excluding the overflow camping area colored in brown)

b. All fire ring borders.

c. All areas underneath picnic tables (excluding the overflow camping area colored in brown).

3.6.5 Group Campsites

The colors indicated below can be referenced on the “Island Park Group Campsite” map in Attachment G.

Total Approximate Area: 61,612 Square Feet ~ 1.4 Acres Five (5) foot wide perimeter along all edges of the restrooms and pavilion pads. (red) All cracks with a quarter inch wide or greater gap in the concrete foundations.

All parking and tent pad areas. (red)

a. Four (4) foot wide area on all trails in group campsites. (green)

b. The volleyball court, gravel lot and horseshoe pits. (red)

3.6.6 Group Campsite Road

The colors indicated below can be referenced on the “Island Park Group Campsite” map in Attachment G.

Total Approximate Area: 61,260 Square Feet ~ 1.4 Acres

a. Five (5) foot wide perimeter along all edges of the gravel Group Site Road. (yellow)

3.6.7 Island Park Campground Trails

Campground” map in Attachment G.

Total Approximate Area: 31,769 Square Feet ~ .8 Acres

a. Four (4) foot wide area on all trails. (green)

b. Not all trails are identified in Attachment G.

c. Trails include all staircases and walkways to camp sites, the Blue Oak Trail, lake access trails, walkways to the restrooms and others.

3.6.8 Evaporation Ponds

The colors indicated below can be referenced on the “Island Park Evaporation Ponds” map in Attachment G.

Total Approximate Area: 47,242 Square Feet ~ 1.1 Acres

a. All areas inside the fence line and a three (3) foot wide perimeter along the outside of the fence line boundary and gate. (red)

3.6.9 Water Tank

The colors indicated below can be referenced on the “Island Park Water Tank” map in Attachment G.

Total Approximate Area: 4,156 Square Feet ~ .1 Acres

a. Ten (10) foot wide spray area on the access road. (orange)

b. Two (2) foot wide perimeter around the gate.

c. Five (5) foot wide perimeter around the water tank. (red)

d. All cracks with a quarter inch wide or greater gap in the concrete foundation of the water tank.

3.7 Lakeview Recreation Area and Edison Point Wildlife Area - The Contractor shall provide services for applying herbicides on roadsides, access roads, boat ramp(s), fence lines, trails, and

3.7.1 Lakeview Road and Signs

The colors indicated below can be referenced on the “Lakeview Recreation Area” map in Attachment H.

Total Approximate Area: 4,750 Square Feet ~ .1 Acres

a. Five (5) foot wide perimeter along all edges of the road leading into the area.

(orange)

b. All cracks with a quarter inch wide or greater gap in the road. An estimated 400 square feet is calculated to account for the spraying of cracks.

c. Six (6) foot wide perimeter around the “Lakeview Recreation Area” entrance sign on

Trimmer Springs Road. (red)

3.7.2 Lakeview Restroom, Gate, and Fee Station

The colors indicated below can be referenced on the “Lakeview Recreation Area” map in Attachment H.

Total Approximate Area: 4,156 Square Feet ~ .02 Acres

a. Five (5) foot wide perimeter along all edges of the restroom, fee station, life jacket loaner station, and service road gate. (red & green)

b. All cracks with a quarter inch or greater gap in the concrete foundations.

3.7.3 Edison Point Trail

The colors indicated below can be referenced on the “Edison Point Wildlife Area” map in Attachment H.

Total Approximate Area: 32,704 Square Feet ~ .75 Acres

a. Four (4) foot wide area on the designated trail. (green)

b. The Contractor shall NOT spray the existing service roads.

3.7.4 Edison Point Fence, Parking, and Signs

The colors indicated below can be referenced on the “Edison Point Wildlife Area” map in Attachment H.

Total Approximate Area: 11,849 Square Feet ~ .27 Acres

a. Six (6) foot wide perimeter (3 feet on each side) around the fence, sign, and bulletin board. (yellow & red)

3.8 Trimmer Recreation Area and Campground - The Contractor shall provide services for applying herbicides on roadsides, boat ramp(s), evaporation ponds, restrooms, campsites, and

3.8.1 Roads and Signs

The colors indicated below can be referenced on the “Trimmer Campground and Recreation Area” map in Attachment I.

Total Approximate Area: 35,850 Square Feet ~ .8 Acres

a. Five (5) foot wide perimeter along all edges of the roads throughout the campground and recreation area. (orange)

b. Any cracks with a quarter inch or greater gap in the asphalt roads shall be sprayed.

An estimated 500 square feet is calculated to account for the spraying of cracks.

c. Three (3) foot wide perimeter along all edges of the asphalt parking slips throughout the campground. (yellow)

d. Spray a six (6) foot wide perimeter (3 feet on each side) around all signs with two posts and three (3) foot wide perimeter around all signs with one post leading to the campground and inside the campground, including the “Trimmer Recreation Area” entrance sign on Trimmer Springs Road. (red)

e. Not all signage is outlined in Attachment I.

3.8.2 Structures

The colors indicated below can be referenced on the “Trimmer Campground and Recreation Area” map in Attachment I.

Total Approximate Area: 1,954 Square Feet ~ .02 Acres

a. Five (5) foot wide perimeter along all edges of the two (2) restrooms, fee station, and life jacket loaner station. (red)

b. All cracks with a quarter inch or greater gap in the concrete foundations shall be sprayed.

c. Three (3) foot wide perimeter along the outside of the pump house fence. (red)

3.8.3 Campsites

Areas are NOT indicated in “Island Park Recreation Area and Campground” map in Attachment I.

Total Approximate Area: 7,932 Square Feet ~ .2 Acres

a. All tent pad areas.

b. All fire ring borders.

c. All areas underneath picnic tables.

3.8.4 Evaporation Ponds

The colors indicated below can be referenced on the “Trimmer Campground and Recreation Area” map in Attachment I.

Total Approximate Area: 7,172 Square Feet ~ .2 Acres

a. All land areas in the two (2) evaporation pond basins. (red)

b. Five (5) foot wide perimeter around evaporation pond edges. (red)

3.8.5 Evaporation Pond Fence

The colors indicated below can be referenced on the “Island Park Evaporation Ponds” map in Attachment G.

Total Approximate Area: 16,113 Square Feet ~ .4 Acres

b. All areas inside the fence line and a three (3) foot wide perimeter along the outside of the fence line boundary and gate. (red)

3.9 Miscellaneous Areas - The Contractor shall provide services for applying herbicides on up to 3 acres of invasive plants.

3.9.1 Invasive Plants

The areas where application may be necessary will vary and may be in remote locations which cannot be accessed by vehicle. Project staff will provide directions for these areas.

This line item shall not exceed 3 acres of application per option year.

3.10 Estimated Service Schedule/Frequency

3.10.1 The Contractor shall contact the COR seven (7) calendar days prior to starting to confirm the start date. Once work has started, the Contractor shall complete all requested services within 15 business days. Applications shall be applied in the timeframe(s) described below. Treatment dates and areas will follow:

a. December to February for initial application (exact timing may vary due to weather conditions of other factors). Industry standards suggest the first treatment should take place shortly after first rain of the season.

b. April or May for follow-up treatment in initial application areas if needed.

3.10.2 If portions of recreation areas are not open or require closing for any unforeseen reason or circumstance, the number of services required for those areas will be reduced accordingly.

3.10.3 Payment will only be made for those services performed.

3.10.4 The Contractor shall remove all equipment and supplies from Government property immediately upon completion of the service.

4. Site Inspection

4.1 Prior to submitting bids, bidders are urged to inspect the job site where services are to be performed as well as Attachment D (Herbicide Application Record), to accurately observe conditions that may affect the cost of performance of the service contract.

4.2 In no event will failure to inspect the site constitute grounds for the withdrawal of a bid after opening or for a claim after the award of the contract. (FAR 52.237-1)

5. Pre-Work Meeting

5.1 At least ten (10) days prior to commencement of work, the Contractor shall contact the COR to schedule a pre-work meeting. This meeting will be held in person with the Prime Contractor at the Pine Flat Dam & Lake Headquarters, located at 27295 Pine Flat Road, Sanger, CA 93657.

Subcontractor(s) may attend the Pre-work meeting with the Prime Contractor, but not in leu of the Prime Contractor.

5.2 During the pre-work meeting, the Contractor shall provide the COR with the following for acceptance:

5.2.1 The Contractor shall submit an Accident Prevention Plan (APP) as required by EM 385- 1-1, Safety and Health Requirements Manual.

5.2.2 The Contractor shall provide copies of Safety Data Sheets (SDS) for all chemical products to be used by The Contractor or their employees during the execution of this contract.

5.2.3 Uniform and Personal Protection Equipment (PPE).

5.2.4 Proof of insurance for all vehicles to be used by the Contractor or their employees while operating on U.S. Army Corps of Engineers (USACE) property.

5.2.5 Contractor Vehicle Identification: All Contractor vehicles shall be identified with the company name or logo conspicuously displayed on door panels. Professionally made magnetic signs or pressure sensitive decals may be used to comply with this specification.

6. Contractor’s Quality Control Plan (QCP):

6.1 The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. The Prime Contractor must perform the QC inspections for each service. This can NOT be delegated any subcontractor(s). This QCP shall be forwarded to the COR at time of award. The COR will review the QCP and list any needed clarifications, and return to the Contractor for response, if necessary, reference Attachment B. The Contractor’s QCP shall include the following, or have incorporated into the document during performance of the contract, at a minimum:

6.1.1 An inspection plan covering all services is required by this contract. The inspection plan shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections shall be accomplished and documented, and shall specify the title of the individual(s) who will perform the inspections.

6.1.2 On-site records of all inspections conducted by the Contractor noting necessary corrective actions taken. The Government reserves the right to request copies of any and/or all inspections.

6.1.3 Active or established internal policies and procedures for updating equipment and procedures that may affect the performance of the contract.

6.1.4 Methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

6.1.5 Identify the character, physical capabilities, certifications and ongoing training of each employee performing services under the contract.

6.1.6 Contain a log to account for all requests for immediate services. The log shall indicate the date and time of services, and description of results and completion of these services.

The log shall also contain any complaints or problems, with procedures taken, to allow for corrections and/or elimination before effects caused interruption of performance of the contract.

7. Ability to Perform

7.1 The Contractor and their employees shall be responsible for maintaining accurate and detailed records as required by the contract.

7.2 The Contractor and their employees shall be capable of communicating with visitors, other contractors, outside agencies and project personnel in a respectful and courteous manner.

7.3 The Contractor shall furnish competent personnel. If employees furnished prove to be incompetent, the Contractor shall remove them and furnish satisfactory employees at the discretion of the COR.

7.4 The Contractor shall comply with all applicable Federal, State, and local regulations.

7.5 The Contractor shall maintain telephone services that will enable the COR and his/her designated representative to have communication capability during business hours. The Contractor shall return all calls to the COR or his/her designated representative within 24 hours.

7.6 The Contractor and all employees performing services shall hold a Qualified Applicator License

(QAL) or Certificate (QAC) and permitted to operate all equipment necessary to complete work under this contract. All required licenses and permits to operate shall be the responsibility of the Contractor.

8. Materials, Equipment & Supplies

8.1 The Contractor shall be responsible for all materials and equipment in their possession. The

Contractor shall be accountable for any loss, damage, or misuse of Government equipment and/or property being used during the performance of contractual services.

9. Reporting

9.1 The Contractor shall submit a Safety Exposure Report, CESPD Form 94-R, to the COR or his/her representative with each invoice. Failure to submit this form may delay payment for services performed (See Attachment C).

9.2 The Contractor shall maintain an accurate record of and shall notify the COR immediately following the occurrence/discovery, of any accidents resulting in death, injury, occupational disease, and/or damage to property or equipment, incidental to work performed under this contract.

9.3 All personal property found anywhere on Government property shall be accounted for and turned over to a Park Ranger or the COR for inclusion into the Lost and Found Program.

9.4 The Contractor shall submit an invoice for payment, verifying that all units, quantities and amounts are true and correct.

9.5 The Contractor shall immediately report to the COR any needed repairs, malfunctions, damage, vandalism to Government property, and/or any potential safety hazards encountered while performing services. If there is an immediate danger to the public or the potential thereof, the Contractor shall notify the COR or a Park Ranger immediately.

9.6 The Contractor shall take no direction from any government employee or any other person other than the Government Contracting Officer or his/her representative that changes the terms and conditions of this contract action, scope or any change that impacts the cost, price or schedule.

Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract. A modification has to be received by the Contractor before the Contractor will act upon those changes. The Contractor shall comply with the changes clause, FAR 52.212-4(c) of this contract when the Contractor believes direction has been given from persons other than the Government Contracting Officer as directed by the clause. Any direction given by any government employee or any other person outside their authority must be reported to the Contracting Officer. CORs are limited to the authorities stated in the COR appointment letters. The Contracting Officer will appoint a COR upon award of the Contract. COR appointment letter from previous contracts at this installation are not valid for this contract.

10. Security

10.1 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), or Contracting Officer (if a COR 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 COR. 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 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.

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

The Contractor shall maintain all keys, combinations, codes, passwords and instructions in a confidential and secure manner. For security reasons, the Contractor will be escorted for any services performed within the Pine Flat Dam Area.

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

COR.

10.4 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 COR 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.

10.5 Escorting in classified and/or sensitive areas: In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

10.6 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 COR to become part of the official contract file.

11. Accident Prevention Plan (APP):

11.1 The Contractor shall obtain the USACE Project Safety Officer’s acceptance an Accident

Prevention Plan (APP) BEFORE starting any on-site work.

11.2 The Contractor shall use a qualified Safety and Health Manager (SHM) to prepare the written site-specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1. Cover all paragraph and subparagraph elements in Appendix A of USACE

EM 385-1-1, "Minimum Basic Outline for Accident Prevention Plan.” Activity Hazard Analyses (AHAs) shall be appended to the APP.

11.3 The Contractor shall develop an Injury and Illness Prevention Program (IIPP) for projects within the State of California as an appendix to the APP. Where a paragraph or subparagraph element is not applicable to the work to be performed, indicate "Not Applicable" next to the heading. The APP shall be job specific and shall address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor's overall safety and health program (SHP). Any portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific.

The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the Subcontractors. The Contractor is responsible for informing their Subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting Subcontractor operations to ensure that accident prevention responsibilities are being carried out. The Contractor, COR, and Site Safety and Health Officer (SSHO) shall sign the APP.

11.4 The Contractor shall submit the APP to the USACE Project Safety Officer within 10 days of award. The Government will review the documents within 10 days. The Contractor shall resubmit the documents, with any requested changes, within 5 days of request.

11.5 The Contractor’s APP and subsequent activities shall comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:

11.5.1 EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, Effective 15

Mar 2024, https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015%20March%202024.pdf

11.5.2 Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health

Standards.

11.5.3 29 CFR 1926, Safety and Health Regulations for Construction.

11.5.4 American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and

BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005).

11.5.5 Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction

Safety Orders.

11.5.6 8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.

11.5.7 8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program.

https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015%20March%202024.pdf

11.5.8 American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005)

11.5.9 OSHA ancillary safety and health regulations governing certain aspects for this contract include:

11.5.9.1 Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

11.5.9.2 Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

11.5.9.3 Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)

11.5.9.4 The Control of Hazardous Energy (Lockout/Tag-out) (29 CFR 1910.147)

11.5.9.5 Proposition 65 (22 CCR Section 12000) Chemicals Known to the State of California to Cause Cancer or Reproductive Toxicity

12. Performance and Program Objectives

12.1 The Contractor shall be responsible for services described herein. The Government objectives are described in the “Performance of work Requirements Summary (PRS)” (Attachment B). The Contractor shall develop a “Performance Work Plan” that contains solutions to accomplish the same objectives as stated in the PRS, as they are applicable to the services required in the Schedule. The Contractor may use whatever method they choose to meet the objectives, as long as the end result satisfies the Acceptable Quality levels (QAL) of performance as defined in the

PRS.

13. General Service Provisions

13.1 Unless otherwise accepted by the COR, all services shall be performed between 8:00 AM and

4:30 PM Monday through Friday, excluding Federal holidays.

13.2 The Contractor is responsible for the management and quality control actions to meet the requirements of the contract. The role of the Government is quality assurance, to ensure quality control standards are achieved.

14 Period of Performance

14.1 The contract shall consist of a Base Year plus four (4) Option Years as follows. Option Years are exercised at the discretion of the Government.

15. Standards of Employee Conduct

15.1 The Contractor and their employees shall be required to adhere to the following standards of dress and conduct while performing work. These regulations are enforceable as per the U.S.

Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, , the California State Health Code, and County Codes.

15.2 All Contractor personnel shall be identifiable by wearing a company uniform or clothing with the company name or logo conspicuously displayed on the clothing. The Contractor shall use personal protective equipment (PPE) as identified in EM 385-1-1, Safety and Health Requirements Manual. EM 385-1-1, Section 5 states, “The use of PPE is a control measure that is to be used only after a hazard evaluation identifies hazards associated with a particular job or activity, and it is determined that the hazards cannot be eliminated and/or controlled to an acceptable level through engineering design or administrative actions.” The use of proper PPE shall be determined at the pre-work conference following the Contractor’s submittal of an activity hazard analysis. All PPE shall be in compliance with the SDS for chemical(s) being used.

15.3 A clean, well-groomed appearance shall be maintained at all times while performing contract services.

15.4 The Contractor shall not be in possession of any weapons in the public use areas at any time.

15.5 The Contractor shall not take part in any selling or advertising activities.

15.6 The Contractor shall not perform any duties relative to any other contract duties while performing this contract.

15.7 Alcoholic beverages and/or illegal substances shall not be consumed or possessed prior to or while on duty, nor at any time while the Contractor is performing contract services. The Contractor shall not be under the influence of any substance that impairs his/her ability to safely perform contract services.

15.8 The Contractor and their employees shall not smoke in or around any Government-owned structures or facilities, nor while in contact with the public and/or Government personnel.

15.9 The use of any Government property without proper authorization will not be permitted.

15.10 The Contractor shall comply with all CFR Title 36 regulations while performing services under this contract. The Contractor and their employees shall cooperate fully with all Corps of Engineers Employees, local law enforcement and State agencies. The Contractor and their employees are not authorized to direct the work of other contractors.

16. Protection and Use of Government Facilities and Equipment

16.1 The work to be performed is within the boundaries of public areas. The Contractor’s attention is directed to the needs for extreme caution and care while driving and operating equipment. Safety requirements of EM-385-1-1 shall apply to all work. A copy of the Engineering Manual is available at the Park Headquarters for review or on-line at:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015%20March%202024.pdf

16.2 The Contractor shall be responsible for restoring any Government facilities or property damaged because of the Contractor’s operations or negligence. Reasonable care shall be used to avoid damage to existing structures, equipment, facilities, and vegetation in the areas serviced. Any damage shall be repaired or replaced as directed by the COR, and at no cost to the Government.

If the Contractor does not make such repairs or replacement, the cost thereof will be deducted from contract price via modification issued by the Contracting Officer.

16.3 The Government will provide repairs, as needed, to Government property used by the public.

However, if damages are found to be a result of the Contractor’s negligence or lack of reasonable care, the cost of repairs or the cost of replacement will be the responsibility of the Contractor. If the Contractor does not reimburse the Government for such repairs or replacement, the cost thereof will be deducted from contract price via modification issued by the Contracting Officer.

17. Performance Evaluation Meeting

17.1 The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting with the Contractor, Contracting Officer (KO) and the Contracting Officer’s Representative (COR). A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, KO, and the COR will sign minutes of the meeting(s).

17.2 Should the Contractor not concur with the minutes, he/she will state in writing to the COR within ten (10) calendar days any areas he does not concur and explain the reasons for non-concurrence.

The Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Officer will notify the Contractor of the decision in writing within ten (10) calendar days.

18. Remedial Actions

18.1 The COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

18.2 If the Government creates any discrepancies in contract services, these will not be counted against the Contractor’s performance.

18.3 When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue a CDR at the end of the period, or as soon as the limits of satisfactory performance is not met.

18.4 When a CDR is issued for a service, the contractor shall re-perform at no additional cost to the

Government as indicated in the QASP (Attachment A).

18.5 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued.

18.6 A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a

Cure Notice or Show Cause letter at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice may result in a Show Cause letter to be issued, or Termination for Cause of the contract.

19. Reserved

20. Payment and Invoices

20.1 Invoices for payment shall be submitted upon completion of tasks as outlined in the pricing/payment schedule. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this PWS. All invoices must reflect the contract number W91238-XX-X-XXXX, see Block 2 of the Standard Form 1449. The final invoice must be marked “FINAL”. Copies of all invoices shall be provided to the following:

20.1.1 Following review by the COR for errors and accuracy, an invoice WITHOUT additional information or supporting documentation shall be sent to:

Email: CEFC-Payments@usace.army.mil USAED, Finance Center

Attn: CEFC-FP 5722 Integrity Dr.

Millington, TN 38054-5005

20.1.2 A copy each of invoice WITH all necessary supporting documentation as required by this PWS shall be provided to the following:

Email: Address to be provided upon award U.S. Army Corps of Engineers, Sacramento District

CESPK-ODS-P, Pine Flat Lake Attn: Contracting Officer’s Representative P.O. Box 117 Piedra, CA 93649-0117

21. Contract Payments

21.1 The Government shall pay the Contractor upon submission of proper invoices for the services delivered and accepted or for the portion of work actually performed under the contract. Payment shall be made as indicated in the contract’s Payment Schedule. Services as defined in the Payment Schedule of the contract must be accepted by the Government before payment will be made.

21.2 The Contractor shall be paid at the completion of services for the amount of work accomplished.

Failure to complete any of the required items defined in the contract specifications for a particular service shall be cause for that service to be considered incomplete in its entirety. Incomplete services are not billable by the Contractor. As per the PWS, if work accomplished is unsatisfactory and does not meet the contract specifications, the Contractor shall be subject to the parameters set forth in the PWS may be held liable for any costs to the Government to correct the problem. The COR shall verify invoices before payment will be authorized.

21.3 The Contractor shall submit an invoice for payment, verifying that all units, quantities and amounts are true and correct. Invoices shall be received by close of business on the first business day of the following month at Pine Flat Lake Park Headquarters.