10-Q-0081.doc

Section B - Supplies or Services and Prices

Weed Spray- Road-Base Yr

FFP

Base Year - 15 January 2010 - 30 Nov 2010

THE CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, SUPPLIES, MATERIALS AND SUPERVISION NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT, AT EASTMAN LAKE, MADERA COUNTY, BEAR DAM, MARIPOSA COUNTY, AND BURNS DAM, MERCED COUNTY, CALIFORNIA. ACTUAL START DATE WILL BE DETERMINED BY THE PARK MANAGER. ONCE WORK HAS STARTED, THE CONTRACTOR SHALL COMPLETE CONTRACTUAL SERVICES WITHIN SEVEN WORKING DAYS.

See attached pricing schedule.

FOB: Destination

PROJECT: Eastman Lake

NET AMT

Weed Spray-Road-Base Yr-Svc 2

FFP

Base Year - 2nd Service: 15 January 2010 - 30 Nov 2010.

See attached pricing schedule.

NET AMT

FFP

Option Year 1 - 1 December 2010 - 30 November 2011.

THE CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, SUPPLIES, MATERIALS AND SUPERVISION NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT, AT EASTMAN LAKE, MADERA COUNTY, BEAR DAM, MARIPOSA COUNTY, AND BURNS DAM, MERCED COUNTY, CALIFORNIA. ACTUAL START DATE WILL BE DETERMINED BY THE PARK MANAGER. ONCE WORK HAS STARTED, THE CONTRACTOR SHALL COMPLETE CONTRACTUAL SERVICES WITHIN SEVEN WORKING DAYS.

See attached pricing schedule.

NET AMT

FFP

Option Year 2 - 1 December 2011 - 30 November 2012

THE CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, SUPPLIES, MATERIALS AND SUPERVISION NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT, AT EASTMAN LAKE, MADERA COUNTY, BEAR DAM, MARIPOSA COUNTY, AND BURNS DAM, MERCED COUNTY, CALIFORNIA. ACTUAL START DATE WILL BE DETERMINED BY THE PARK MANAGER. ONCE WORK HAS STARTED, THE CONTRACTOR SHALL COMPLETE CONTRACTUAL SERVICES WITHIN SEVEN WORKING DAYS.

See attached pricing schedule.

NET AMT

FFP

Option Year 3 - 1 December 2012 - 30 November 2013

THE CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, SUPPLIES, MATERIALS AND SUPERVISION NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT, AT EASTMAN LAKE, MADERA COUNTY, BEAR DAM, MARIPOSA COUNTY, AND BURNS DAM, MERCED COUNTY, CALIFORNIA. ACTUAL START DATE WILL BE DETERMINED BY THE PARK MANAGER. ONCE WORK HAS STARTED, THE CONTRACTOR SHALL COMPLETE CONTRACTUAL SERVICES WITHIN SEVEN WORKING DAYS.

See attached pricing schedule.

NET AMT

FFP

Option Year 4 - 1 December 2013 - 30 November 2014

THE CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, SUPPLIES, MATERIALS AND SUPERVISION NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT, AT EASTMAN LAKE, MADERA COUNTY, BEAR DAM, MARIPOSA COUNTY, AND BURNS DAM, MERCED COUNTY, CALIFORNIA. ACTUAL START DATE WILL BE DETERMINED BY THE PARK MANAGER. ONCE WORK HAS STARTED, THE CONTRACTOR SHALL COMPLETE CONTRACTUAL SERVICES WITHIN SEVEN WORKING DAYS.

See attached pricing schedule.

NET AMT

PRICING SCHEDULE

0001 Base Year: 01 December 2009 through 30 November 2010

ITEM # SUPPLIES/SERVICE

QTY./UNIT

UNIT/PRICE AMOUNT

0001AA PAVED ROAD SHOULDERS 26.66 acres* ________ ________

= 22 MILES x 5 FEET EACH SIDE

Main entrance road

Chowchilla Recreation Area access and circulation roads

Codorniz Recreation Area access road

Flip bucket access road

Boneyard access road

Codorniz Campground access and circulation roads

Codorniz Group Camping Area access and circulation roads

Wildcat Campground access and circulation roads

Monument Ridge Recreation Area access and circulation roads

0001AB PAVED ROAD SHOULDERS .85 acres* ________ _________

ON BUCHANAN DAM

= .35 MILES x 10 FEET EACH SIDE

0001AC UNPAVED ROADS 1.81 acres* ________ _________

= 1 MILE x 15 FEET

Chowchilla water system access road

Chowchilla oxidation pond access road

Codorniz oxidation pond access road

Equestrian Area access road

0001AD BONEYARD 2.32 acres* _________ _________

= 101,000 SQUARE FEET

0001AE GRAVEL PARKING LOTS .80 acres* _________ _________

= 35,000 SQUARE FEET

Codorniz Group Camping Area, 5 locations

0001AF

MERCED STREAM GROUP 5.82 acres* _________ _________

DAMS AND ROADS

Burns Dam & access road (3 MILES x 12 FEET)

Bear Dam & access road (1 MILE x 12 FEET)

TOTAL ACREAGE........................................... Approx. 38.26 acres*

(*) Denotes that all unit quantities (areas) are estimations

0002 Base Year (2nd Service): 01 December 2009 through 30 November 2010

0002AA PAVED ROAD SHOULDERS 26.66 acres* ________ ________

Main entrance road

Chowchilla Recreation Area access and circulation roads

Codorniz Recreation Area access road

Flip bucket access road

Boneyard access road

Codorniz Campground access and circulation roads

Codorniz Group Camping Area access and circulation roads

Wildcat Campground access and circulation roads

0002AB PAVED ROAD SHOULDERS .85 acres* ________ _________

0002AC UNPAVED ROADS 1.81 acres* ________ _________

= 1 MILE x 15 FEET

Chowchilla water system access road

Chowchilla oxidation pond access road

Codorniz oxidation pond access road

Equestrian Area access road

0002AD BONEYARD 2.32 acres* _________ _________

= 101,000 SQUARE FEET

0002AE GRAVEL PARKING LOTS .80 acres* _________ _________

0002AF

0003 OPTION Year 1: 01 December 2010 through 30 November 2011

0003AA PAVED ROAD SHOULDERS 26.66 acres* ________ ________

Main entrance road

Chowchilla Recreation Area access and circulation roads

Codorniz Recreation Area access road

Flip bucket access road

Boneyard access road

Codorniz Campground access and circulation roads

Codorniz Group Camping Area access and circulation roads

Wildcat Campground access and circulation roads

0003AB PAVED ROAD SHOULDERS .85 acres* ________ _________

0003AC UNPAVED ROADS 1.81 acres* ________ _________

= 1 MILE x 15 FEET

Chowchilla water system access road

Chowchilla oxidation pond access road

Codorniz oxidation pond access road

Equestrian Area access road

0003AD BONEYARD 2.32 acres* _________ _________

= 101,000 SQUARE FEET

0003AE GRAVEL PARKING LOTS .80 acres* _________ _________

0003AF

0004 OPTION Year 2: 01 December 2011 through 30 November 2012

0004AA PAVED ROAD SHOULDERS 26.66 acres* ________ ________

Main entrance road

Chowchilla Recreation Area access and circulation roads

Codorniz Recreation Area access road

Flip bucket access road

Boneyard access road

Codorniz Campground access and circulation roads

Codorniz Group Camping Area access and circulation roads

Wildcat Campground access and circulation roads

0004AB PAVED ROAD SHOULDERS .85 acres* ________ _________

0004AC UNPAVED ROADS 1.81 acres* ________ _________

= 1 MILE x 15 FEET

Chowchilla water system access road

Chowchilla oxidation pond access road

Codorniz oxidation pond access road

Equestrian Area access road

0004AD BONEYARD 2.32 acres* _________ _________

= 101,000 SQUARE FEET

0004AE GRAVEL PARKING LOTS .80 acres* _________ _________

0004AF

0005 OPTION Year 3: 01 December 2012 through 30 November 2013

0005AA PAVED ROAD SHOULDERS 26.66 acres* ________ ________

Main entrance road

Chowchilla Recreation Area access and circulation roads

Codorniz Recreation Area access road

Flip bucket access road

Boneyard access road

Codorniz Campground access and circulation roads

Codorniz Group Camping Area access and circulation roads

Wildcat Campground access and circulation roads

0005AB PAVED ROAD SHOULDERS .85 acres* ________ _________

0005AC UNPAVED ROADS 1.81 acres* ________ _________

= 1 MILE x 15 FEET

Chowchilla water system access road

Chowchilla oxidation pond access road

Codorniz oxidation pond access road

Equestrian Area access road

0005AD BONEYARD 2.32 acres* _________ _________

= 101,000 SQUARE FEET

0005AE GRAVEL PARKING LOTS .80 acres* _________ _________

0005AF

0006 OPTION Year 4: 01 December 2013 through 30 November 2014

0006AA PAVED ROAD SHOULDERS 26.66 acres* ________ ________

Main entrance road

Chowchilla Recreation Area access and circulation roads

Codorniz Recreation Area access road

Flip bucket access road

Boneyard access road

Codorniz Campground access and circulation roads

Codorniz Group Camping Area access and circulation roads

Wildcat Campground access and circulation roads

0006AB PAVED ROAD SHOULDERS .85 acres* ________ _________

0006AC UNPAVED ROADS 1.81 acres* ________ _________

= 1 MILE x 15 FEET

Chowchilla water system access road

Chowchilla oxidation pond access road

Codorniz oxidation pond access road

Equestrian Area access road

0006AD BONEYARD 2.32 acres* _________ _________

= 101,000 SQUARE FEET

0006AE GRAVEL PARKING LOTS .80 acres* _________ _________

0006AF

(*) Denotes that all unit quantities (areas) are estimations

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

1. General

1.1 Scope ‑ The Contractor shall provide all labor, equipment, supplies, materials, transportation, and supervision to perform roadside weed control services at H.V. Eastman Lake (Attachment B), Madera County, Bear Dam, Mariposa County and Burns Dam, Merced County. The Contractor shall submit a copy of his/her Qualified Applicator’s License and copies of the necessary registration permits from the Madera, Mariposa and Merced County Agriculture Commissioner’s Offices prior to commencement of work. Work shall be completed as directed by the Contracting Officer and/or his/her authorized representative.

1.2 Location ‑ H.V. Eastman Lake, Madera County, is located on the Chowchilla River approximately 25 miles northeast of Chowchilla at 32175 Road 29, Raymond, CA 93653. Bear Dam, Mariposa County, and Burns Dam, Merced County, are located north of Highway 140 in the vicinity of Cunningham and Waltz Roads. A map is available for review at Park Headquarters.

1.3 Performance Period – Base Year: 01 December 2009 through 30 November 2010. *Note: The Contractor shall perform two(2) roadside weed control services for the Base Year Option Year 1: 01 December 2010 through 30 November 2011. Option Year 2: 01 December 2011 through 30 November 2012. Option Year 3: 01 December 2012 through 30 November 2013. Option Year 4: 01 December 2013 through 30 November 2014. Options years are exercised solely at the discretion of the Government. All start dates shall be coordinated with the Park Manager and the start date may be changed at the discretion of the Park Manager. Once started, work shall be completed as directed by the Contracting Officer or his/her authorized representative within seven working days.

1.4 Point Of Contact – All bidders may contact Tilden Brooks at (916) 557-7929 for explanation of the contract requirements. Bid tours of the project for familiarization of service locations may be scheduled by contacting Jerry Magnuson, Eastman Lake Park Manager at (559) 689-3255. Prospective bidders are encouraged to inspect areas to be treated before submitting a bid in order to become familiar with the size and locations of the treatment areas.

1.5 Contracting Officer - The term “Contracting Officer” means the person having authority to enter into, administer or terminate contracts and make related determinations and findings. Contracting Officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract and safeguarding interests of the United States in its contractual relationships.

1.6 Contracting Officer’s Representative (COR) - This term identifies the person administering this contract on behalf of the Contracting Officer. The COR will represent the Contracting Officer and be the primary point of contact between the Contractor and the Government for questions and coordination regarding the specific tasks of this contract. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

1.7 Technical Direction – The Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the 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 action received by the Contractor before the Contractor will act upon those changes. The Contractor shall comply with the changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the 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. Contracting Officer Representatives (CORs) are limited to the authorities stated in their COR appointment letters.

1.8 License and Permits – The Contractor shall submit a copy of his/her Qualified Applicator’s License, California Pest Control Operator license to spray herbicides and registration permits from the Madera County Agriculture Commissioner’s Office prior to the commencement of work. Contractor and all employees shall be licensed 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.

1.9 Pre-Work Conference – The Contractor shall attend a pre-work conference prior to beginning work. At this time, the Contractor shall provide a Project Safety Plan that will include an accident prevention plan, an activity hazard analysis and a comprehensive hazard communication program as described in EM 385-1-1. In addition, the Contractor shall submit copies of the necessary registration permits from the Madera, Mariposa and Merced County Agriculture Commissioner’s Offices, a copy of their California Pest Control Operator license to spray herbicide, a list of chemicals that will be used and their Material Safety Data Sheets, (MSDS). A safety inspection of all equipment to be used to accomplish this contract will be conducted at this time.

2. Facilities, Equipment and Materials

2.1 Storage of Materials and Equipment - Contractor will not be allowed to store materials or equipment at the park.

2.2 Contractor Furnishes Supplies and Materials ‑ The Contractor shall provide all equipment, supplies and materials necessary to comply with the provisions of this contract. All Contractor furnished materials shall be approved by the Park Manager prior to use on the job. Contractor is not permitted to use any Government equipment and/or supplies.

2.3 Chemicals - Prior to the commencement of work, the Contractor shall submit a list of chemical products to be used, including all Material Safety Data Sheets (MSDS) on each, and indicate where the chemicals are to be applied. Only chemicals approved for use on Federal property shall be applied. The Contractor shall determine the appropriate selection of chemicals upon approval from the Park Manager, to obtain a 90% weed kill rate. Pre-emergent herbicide(s) shall be applied to control weeds before they emerge. Pre-emergent herbicide(s) shall be applied after Eastman Lake records .25 inches of rainfall for the season starting in October or November, or as determined at the pre-work conference. Use of the pre-emergent herbicide Diuron is not permitted! A contact herbicide such as Roundup or equivalent shall be used in all areas to control post-emergent weeds. A suitable pre-emergent shall be used in landscaped areas that will not affect the current landscape vegetation. The manufacturer's instructions shall be followed when mixing solutions for application. The Contractor shall comply with all applicable Federal, State and local regulations governing herbicide application.

2.4 Dye - An approved colored dye shall be added to the herbicide mix to clearly show where the Contractor has sprayed.

2.5 Signs - 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 approved by the COR and/or his/her designated representative.

2.6 Use of Water & Mixing - If the Contractor wishes to use water from the park, it shall be obtained from a designated hose bib in the Bone Yard. The Contractor shall be required to provide a “back flow preventer,” and/or utilize “air gap” and have "over‑fill protection." The Contractor’s hazard analysis shall cover the mixing of chemicals and what to do if a spill or exposure occurs.

2.7 Vehicles

2.7.1 All vehicles utilized under this contract shall be presentable, serviceable, and compliant with safety standards as required by the State of California.

2.7.2 Before the Contractor is allowed to spray he/she shall show a current copy of registration with the Madera County Agricultural Commissioner’s

Office. All equipment shall have a monitoring system, with an approved sprayer that gives an even patterned application.

2.7.3 All Contractor vehicles shall be identified with the company name or logo conspicuously displayed on door panels. Professionally done hand lettering, magnetic signs, or pressure sensitive decals may be used to comply with this specification.

2.7.4 All equipment and vehicles shall comply with applicable safety regulations as set forth in the EM 385‑1‑1. By request, this regulation is available for contractor review prior to bid, or is available online at http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx. The Government reserves the right to require the shut down, at any time, of any unsatisfactory equipment and to require that all such equipment be replaced with satisfactory equipment to insure the satisfactory progress of contracted work. The decision of the Contracting Officer, or his/her authorized representative, as to the serviceability of the equipment shall be final.

2.7.5 An equipment safety check shall be conducted prior to the initiation of work on the contract. Any equipment that does not meet the safety requirements shall be removed from the park until repaired or replaced.

3. Personnel

3.1 Point of Contact Requirements ‑ The Contractor shall provide the COR telephone number(s) and a point of contact who can be reached at any time for discussion of any contractual matter. Anytime the Contractor’s crew is on project, there must be a person authorized to act for the Contractor.

3.2 Training - Contractor employees may be required to attend up to 5 hours of training at the Park Headquarters, at the request of the Park Manager. Training may include, but is not limited to such areas as health and safety concerns, terrorism awareness, current or changing government policies, or other areas that are important to the safe performance of services under this contract.

3.3 Contractor Uniform Requirements ‑ 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 MSDS for chemical(s) being used.

3.4 Employee Conduct ‑ The Contractor shall be responsible for seeing that his/her personnel strictly comply with all Federal, State and local laws.

3.5 Supervision ‑ The Contractor shall provide field supervision at all times while work is being conducted. He/She is responsible for inspecting all work performed by his/her personnel. The Contractor shall contact the Park Manager, or his/her representative, in person or by phone, at least weekly to discuss the results of inspections and contract performance.

3.6 Information ‑ A copy of this contract shall be kept on the job site and made available to any interested Contractor employee.

4. Quality Control/Quality Assurance

4.1 Contractor Quality Control ‑ The Contractor shall be responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed by the Contractor and Contractor's personnel is in full compliance with this contract.

4.2 Contractor Records ‑ The Contractor shall complete a post-application form (Attachment A), which contains detailed information required by the Government, including the date of application, location of application, type of pesticide used, application rates, and pesticide application quantities for each treatment area. Post-Application forms shall be completed daily and provided to the Park Manager, or his/her representative, upon completion of services for each service day.

4.3 Dye - The use of a pre-approved dye shall be required in the chemical mix to clearly show where herbicides have been applied.

4.4 Government Quality Assurance

4.4.1. COR and/or his/her designated official shall inspect all treated areas. Any areas that do not show evidence of a 90% weed kill rate will be brought to the attention of the Contractor for immediate corrective action at no cost to the Government. Though a single application may produce the required 90% weed kill rate, one or more follow-up applications may be required to attain the target kill rate. If substandard work is not corrected, the Government reserves the right to deduct the cost of having the area treated by another contractor from contract payment.

4.4.2 If the Contractor fails to perform according to the performance standards, a Notice of Contract Deficiency will be issued by the Park Manager. The Contractor shall explain, in writing, any disagreement with deficiency notice or corrective action to prevent future recurrence of the problem. Failure to explain in writing may constitute unsatisfactory performance.

5. Safety and Security

5.1 The Contractor shall furnish in writing the names and addresses of all personnel performing services in advance of beginning work. If employees prove to be incompetent, the Contractor shall remove them and furnish satisfactory employees.

5.2 The work performed is within the boundaries of public recreation areas. The attention of the Contractor and his/her employees is directed to the need for extreme caution and care while driving and operating equipment in these locations. When backing or maneuvering, operators shall take applicable precautions. A signal person shall be provided when the point of operation is not in full view of the operator of the vehicle, machine or equipment; when vehicles are backed more than 100 feet; when terrain is hazardous; or when two or more vehicles are backing in the same area. Any accidents or injuries sustained by Contractor personnel shall be reported immediately to the Park Manager.

5.3 The Contractor shall provide a Project Safety Plan that includes an accident prevention plan, an activity hazard analysis and a comprehensive hazard communication program as described in EM 385-1-1. All equipment, vehicles, and work shall comply with applicable safety regulations as set forth in EM 385‑1‑1, "Safety and Health Requirements Manual.” A copy will be available for review at Park Headquarters or at the following internet link: http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx. All equipment and protective clothing shall be in compliance with MSDS for the chemicals being used.

5.4 All keys issued to the Contractor shall be documented by hand receipt and returned upon completion of contract services.

6. Vandalism - All vandalism or other damage to park property discovered by the Contractor shall be immediately reported to the Park Manager.

7. Lost and Found - All found items shall be reported and turned over to the Park Manager within 24 hours. The Contractor and his/her employees are not allowed to file a claim for any found items that they have turned in.

8. Damage to Property - The Park Manager shall be notified immediately of any and all damage done to Government facilities and/or natural features as well as to private property and equipment by the Contractor or his/her employees. The Contractor shall cleanup any spills and repair any environmental damage they may have caused. All damaged facilities shall be returned to their original condition as directed by the Park Manager and all associated expenses are the Contractor’s responsibility.

9. Payment.

9.1 Payment shall be made monthly in arrears at the contract unit price for services performed in accordance with the pricing schedule and as described herein. See Estimated Quantity Line Item clause.

Mail, or fax, one copy of invoice to Park Manager, Eastman Lake, P.O. Box 67, Raymond, CA 93653. Fax (559) 689-3408.

9.2 Send original invoice to: U.S. Army Corps of Engineers Finance Center, Attn:

CEFC-AO-P, 5722 Integrity Drive, Millington, Tennessee 38054-5005.

10. Frequency of Service. - All work shall be completed within seven (7) days of the determined start date.

11. Estimated Quantity Line Items - The quantities are estimated amounts and are not guaranteed amounts. The Contractor shall only be paid for work actually performed. At no time will the Contractor exceed the estimated quantity on any estimated quantity Line Item.

12. Changes to Service Frequencies - Due to environmental conditions, reasons beyond the Government's control and/or budgetary reasons (i.e. recreation area closures, reduced or increased visitation, etc.), it may become necessary for the Park Manager to change service frequencies or delete (add) the subsequent service(s) in any or all recreation areas or portions of recreation areas.

13. Required Insurance - The Contractor shall procure and maintain during the entire period of his/her performance under this contract the following minimum insurance in accordance with the Contract Clause entitled "Insurance-Work on a “Government Installation":

1) Workmen's Compensation and Employers' Liability Insurance.

2) Workmen's Compensation and Occupational Disease Coverage in accordance with statutory limits.

3) Employers' Liability coverage with a minimum limit of $100,000.

4) Comprehensive Automobile Liability Insurance: Bodily Injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence.

5) Property Damage Coverage with a minimum limit of $20,000 per occurrence.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

HERBICIDE SERVICES

This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing the Performance Work Statement (PWS); and is designed to provide and effective surveillance method of monitoring contractor performance for each objective of the Performance Work Statement.

The QASP provides a systematic method to evaluate the services of the contractor is required to furnish.

The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance, to ensure contract standards are achieved.

Periodic Inspections: The COR or designated Inspector will monitor the contractors performance in all functional areas, by the random sampling method, using the requirements found in the Performance Work Statement paragraph 4.4. The Government may also use the planned sampling method and or 100% inspection method. The Government reserves the right to change or alter the type of inspection plan at its discretion at any time. The contractor shall sign acknowledgment of the completed inspection report and make comments and corrections of deficiencies. A copy will be provided to the contractor through the Contracting Officer (KO). Periodic inspections may be increased or reduced depending on the contractors performance.

Customer Complaints: The COR will validate any customer complaint and document the complaint with the PWS section reference. The contractor will be allowed to comment.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-NOV-2010

PHIL SMITH

P.O. BOX 67 32175 ROAD #29

RAYMOND CA 93653-0067

(559) 689-3255

L2M0820

30-NOV-2010

L2M0820

30-NOV-2011

L2M0820

30-NOV-2012

L2M0820

30-NOV-2013

L2M0820

30-NOV-2014

L2M0820

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAR 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (7) [Reserved].

XXX (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9 ___ (iii) Alternate II (OCT 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

XXX (18)…