W9128F18Q0046_Amendment__1;_Tri-Lakes.pdf

W9128F18Q0046

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Make a correction to FAR 52.212-2 Addendum; Evaluation--Commercial Items paragraph (a)(2).

*Change the follow ing text from “Technical Exhibit 4” to “Technical Exhibit 5.”

2. Update the approximate number of acreage in PWS paragraph 1.2, Scope of Work.

3. All changes w ill be denoted by yellow highlight and a line in the left column.

4. Provide updated maps show ing correct acreage for:

*Chatf ield Dam Embankment (Figure 0001AA); acres w as changed to 254.9 *Chatf ield Outlet Works Channel (Figure 0001AB); acres w as changed to 21.8 *Chatfield Spillw ay (Figure 0001AD); acres w as changed to 99.5

4. All other terms and conditions remain the same.

The Government POC for this amendment is Monica L. Dw yer at (402) 995-2726

1. CONTRACT ID CODE PAGE OF PAGES

1 19

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Apr-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9128F18Q0046

X 9B. DATED (SEE ITEM 11)

27-Mar-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

03-Apr-2018

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PWS

PERFORMANCE WORK STATEMENT (PWS)

Tri-Lakes Project Weed Control US Army Corps of Engineers

Tri-Lakes Project 9307 S. Wadsworth Blvd.

Littleton, Colorado 80128

1.0 General Information.

1.1 Background. Services under this contract are to identify and control noxious weeds and other specified vegetative species on government land in compliance with State, Federal, and U.S. Army Corps of Engineers regulations.

1.2 Scope of Work. This is a non-personal services contract to provide Noxious Weed control of specified areas on Tri-Lakes Project lands to include: Chatfield Dam and Spillway, Spring Gulch Dam, Cherry Creek Dam and Spillway, and Bear Creek Dam and Spillway. Services include identification and control of noxious weeds on government land as specified in the attached weed control area maps. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government.

This is a fixed priced, performance based service contract where the government defines and measures desired outcomes, while contractor methods are generally not constrained or directed. The Contractor shall furnish all labor, tools, materials, equipment, supplies and supervision necessary to control infestations of noxious weeds as listed on State of Colorado and Federal Noxious weed lists throughout the contract period. The Contractor will be responsible for making applications at the appropriate times of the season to affect the greatest control of noxious weed species. Appropriate application times may occur in the spring, summer or fall, depending upon species and growth conditions. The Contractor should anticipate the number of visits required to the sites when providing a quote. The Contractor will chemically control target vegetation and will minimize damage to non-target vegetation.

Most areas require spot treatments, while others may require more solid coverage. Some areas requiring total vegetation control may include non-noxious weed or grass species. The areas to be controlled are specifically identified operational areas located at Chatfield Dam/ Spring Gulch Dam, consisting of approximately 388.5 435.1 acres; Cherry Creek Dam, approximately 243.7 252.7 acres; and Bear Creek Dam, approximately 173.4 314.2 acres;

totaling approximately 805.6 1002 acres (see Technical Exhibit 4, Weed Control Area Maps). A bio-degradable marker dye shall be used with all applications. All vegetation control operations shall be conducted in a safe and professional manner. The Contractor shall notify the Contracting Officer Representative (COR) prior to conducting spraying.

Some common weeds found occurring on the Tri-Lakes Project. This list is intended for informational purposes only and is not all inclusive of the species that may be encountered from year-to-year:

Knapweed species Bulbous bluegrass Common mullein Leafy spurge Chicory Curley dock Toadflax (dalmatian & yellow) Downy brome Russian olive

Thistle (canada, scotch, musk) Field bindweed Puncturevine Kochia Houndstongue Common teasel

1.3 Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

Base Year: 1 April 2018 through 31 March 2019

Option Year 1: 1 April 2019 through 31 March 2020

Option Year 2: 1 April 2020 through 31 March 2021

Though the performance period dates reflect a time of the year in which weed spraying is not typically performed, The dates listed will accommodate fluctuations of early spring or later fall growth periods that might occur depending upon climatic weather conditions.

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll.

1.4.2 Subcontracting. The contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.4.3 Special Qualifications. The contractor utilized for spraying under this contract shall be licensed by the State of Colorado as a commercial applicator, and show proof of such at the post-award conference. The contractor shall abide by all applicable federal, state, and local laws pertaining to the purchase, transportation, storage, mix area, use, rinse area, and disposal of general and restricted use chemicals and chemical refuse. The Contractor is responsible for ensuring that all personnel are a minimum of eighteen (18) years of age. The contractor shall hold general liability insurance. The insurance policy shall also carry riders which cover drift, overspray and spills. Proof of insurance will be required before any contract work may begin. The contractor shall also demonstrate the ability to complete large-acreage spraying operations of 750+ acres.

1.4.3.1 This contract shall be accomplished by use of ground spraying equipment only (4-wheel drive vehicle with spray boom, All-terrain vehicle (ATV) with spray boom, or backpack spray unit). Other methods must be approved by the COR prior to their implementation.

1.4.4 NOTICE: Mixing water is available at the Chatfield Dam only. No fill or mixing water will be provided by the government at Cherry Creek or Bear Creek Lake. It shall be the responsibility of the contractor to obtain mixing water. The contractor shall be responsible for the cleanup of any spillage on or off government property. The contractor shall be responsible for meeting all federal, state and local mixing requirements.

1.4.5 A list of Contractor recommended chemicals for each application area, along with product labels and Safety Data Sheets (SDS) of the chemicals, must be submitted to the COR at the pre-work meeting for review (Reference:

Submittals, paragraph 1.9). A bio-degradable/vegetable dye marker is required with all applications. The Contractor is required to meet the specified control percentages indicated in this contract. Locations and special requirements are addressed in the map sections devoted to each dam, as well as the Performance Requirements Summary (see Technical Exhibit 3), and paragraph 1.12.

1.4.6 NOTE: Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. It shall be the responsibility of the Contractor to assure that he or she has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of the primary equipment.

1.4.7 The contractor shall abide by all Corps of Engineers regulations as listed in the Code of Federal Regulations, Title 36. Off-road travel is restricted to the actual treatment area. Exceptions to these regulations may be made in order to accomplish the requirements of the contract at the discretion of the COR.

1.5 Quality Control

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

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

1.5.3 The quality of all work shall be the responsibility of the Contractor. The Contractor shall develop and maintain a written, effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which they assure themselves that their work complies with the requirements of the contract.

The plan shall include at a minimum:

a. A description of the inspection system for all services listed in the Performance Work Statement (PWS). The description shall specify a monitoring strategy and include both the frequency and location of inspections, and the titles and organizational placement of the inspectors.

b. A description of the records to be kept to document inspections and corrective or preventive actions taken.

c. Records of Quality Control inspections shall be kept and made available to the COR, when required by schedule or request, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

1.6 Quality Assurance. The government will use a Quality Assurance Surveillance Plan (QASP) to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

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

a. The COR shall be allowed at any time or place the contractor is on government property, to inspect the spraying operation and equipment and obtain a sample of the chemical for testing. If the contractor is found to be using a chemical off-label, or a chemical not approved for use by the Government, the contract may be terminated and the contractor shall be held liable for any damages and the completion of the contract by a different source. Any deficiencies noted shall be corrected at no additional cost to the Government. The contractor shall not be paid for any work performed that is deemed unsatisfactory by the COR. The contractor shall be responsible to perform only the work specified within the contract, and shall receive no compensation for any work performed that is not specified within the contract. No Government personnel will be allowed to assist the contractor in spraying operations or supervision of the contractor's personnel.

b. An inspection system covering all the services listed on the Performance Requirements Summary shall be implemented and adhered to, ensuring contract compliance. The Contractor shall maintain adequate records to allow the Government to monitor contract progress and for the Contractor to be accountable for work quality. Contractor records shall include:

i. Pesticide Application Record (PAR): Completed on a daily basis for treated sites. The PAR shall be submitted to the COR within two (2) business days of application. The COR will then conduct a periodic inspection of the treated sites for compliance as shown in the Performance Requirements Summary (Technical Exhibit 3). If the requirements are not met as determined by the inspection, the Contractor will return within three (3) days (or a time agreed upon by the contractor and the COR), weather permitting, and re-spray unaffected vegetation at the contractor’s expense prior to submitting invoices for the original application.

ii. Contractor Quality Control Report: Completed by Contractor Quality Control personnel.

This report details Contractor surveillance of work, records performance achieved, deficiencies observed and corrective action taken.

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

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. The contractor will notify the COR when the corrective action is taken so that the affected area may be re-inspected for compliance.

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

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage.

1.6.5 Pollution of Government Land. This paragraph prescribes actions required for the prevention of environmental pollution during and as a result of operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, land, and water; and involves noise, solid waste management, management of radiant energy and radioactive materials, as well as other pollutants.

1.6.5.1 Protection of Land and Water Resources. The work areas on which the work is to be performed under this contract and the land resources adjacent thereto should be preserved in their present condition. This also applies to fish and wildlife resources.

1.6.5.2 Contamination of Water. Lakes, ditches, rivers, canals, waterways, or reservoirs shall not be polluted with fuels, oil, bituminous, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shellfish, or wildlife; or materials which may be detrimental to outdoor recreation.

1.6.5.3 Disposal of Materials. There will be no on-site waste disposal. All waste disposals will be off-site and will meet all Federal, State, and Local disposal requirements and be the sole responsibility of the contractor.

1.6.5.4 Notification of Chemical Spills, Damage, Vandalism or Injury. The contractor shall notify the COR immediately of any chemical spillage, damage or vandalism to or on government property, and injury to any person resulting from the contractor's operations. The contractor shall advise the COR of damage to government facilities due to vandalism or other causes on the day such damage is noted. The Contractor shall be responsible for restoring any Government facilities or structures damaged as a result of his/her operations. The contractor shall submit a written spill and containment plan to the COR at the pre-application meeting (paragraph 1.9). In the event of a chemical spill, the contractor shall adhere to the following procedures to the best of his/her ability and within his/her level of safety:

a. Control the Spill Situation (stops or prevents any further chemical spillage).

b. Contain the Spill (if possible).

c. Clean Up (follow correct procedures for size of spill).

The contractor shall follow all state and federal guidelines and requirements regarding the reporting of spills. Major spills or accidents while in transport shall be reported to local emergency authority by calling 911. Additional phone numbers: Colorado Department of Public Health and Environment: 24 Hour Environmental Emergency Spill Reporting Line – 1-877-518-5608; Chemtrec – 1-800-424-9300; National Response Center – 1-800-424-8802.

1.7 Hours of Operation. The contractor is responsible for conducting business, between sunrise and sunset, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The contractor will not perform services on the following federally observed holidays during the contract performance period:

New Year’s Day Labor Day Martin Luther King Jr. Birthday Columbus Day Washington’s Birthday Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

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

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

a. Activity Hazard Analysis (AHA) (Paragraph 1.10.1)

b. Abbreviated Accident Prevention Plan (APP) (Paragraph 1.10.2)

c. List of who will perform work on this contract (Paragraph 1.5.1)

d. Proof of Insurance for Contractors and Subcontractors (see FAR 52.212-1 Addendum; Instructions to Quoters

- Commercial Items)

e. Copy of applicators license(s) and certifications

f. Contractor Recommended Chemical Products (Exhibit 4)

g. Copies of Product Labels for all chemical products

h. Copies of Safety Data Sheets (SDS) for all chemical products (Paragraph 1.12.3.2)

i. Written Safety/ Spill and Containment Plan

j. Written Quality Control Plan (Paragraph 1.5.3)

k. Application equipment list

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

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2- 316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

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

1.10.1 Activity Hazard Analysis (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

1.11 Security/Safety

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

1.11.2 The contractor and all associated sub-contractors shall receive a brief/training (provided by the COR) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

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

1.11.2.1 The Contractor shall immediately report to the COR any occurrences of lost or stolen keys.

1.11.2.2 In the event keys, other than master keys are lost or stolen, the contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. If a master key is lost or stolen, the government may need to replace all locks and keys for that system. The government will deduct the total cost to replace the locks and keys from the contractor’s monthly invoice.

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

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.12 Special Requirements

1.12.1 Notification of Pesticide Applications. Contractor will comply with pesticide application notification requirements in accordance with Colorado Pesticide Applicators’ Act 8 CCR1203-2, Part 13.

1.12.2 Cherry Creek Dam Road Closure. Pesticide application at Cherry Creek may require the closing of the Cherry Creek Dam Road for embankment applications at contractor’s discretion. One weekend closure (Saturday and Sunday) during the contract period will be allowed. If weather conditions will not allow spray operations on the scheduled date, re-scheduling of the closure will be permitted with coordination and approval of the COR. Closing of this road will be the responsibility of the Government. In order to reduce the impact of the road closure on the general public, written notification must be provided to the various public agencies involved in the management and operation of the Dam Road, at least two (2) weeks prior to closure. To accomplish this, the Contractor is required to notify the COR THREE

(3) WEEKS (21days) prior to the date the contractor intends to accomplish the spray application.

1.12.3 Safety. The contractor shall be responsible for the safety of their employees and for any injury or damage done by said personnel, and shall protect the government from any claims. The Contractor will hold a safety meeting with all his/her employees prior to the commencement of work. A list of employees present and subjects discussed during the meeting shall be provided by the contractor. Any Contractor employee who does not follow safety requirements will be removed by the Contractor. Technical Exhibit 2 is the only acceptable format that will be used for submission of the safety meeting minutes.

1.12.3.1 Personal Protective Equipment. All appropriate personal protective equipment shall be utilized in accordance with Federal, State, and Local Laws, and shall observe all safety precautions according to the provisions found in E.M. 385-1-1 USACE Safety and Health Requirements Manual (copies of this manual are available at the project office upon request or online at http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx?udt_43544_param_page=1 (See publication date 11/30/2014 on page 2).

1.12.3.2 Safety Data Sheets (SDS). Safety Data Sheets for all chemicals used shall be available on site for employee or emergency reference at all times. SDS are subject to government inspection at any time during performance of the contract.

1.12.3.3 Incident/Accident Report. An accident constitutes an incident or act involving the Contractor, which may or may not have caused obvious damage to persons or property. This includes injuries to Contractor employees, members of the public, or damage to Government or personal property. The Contractor shall notify the COR by telephone within one (1) hour of any incident or accident, followed by a written report. These reports shall include, but are not limited to, location, nature of the injury or accident, authorities notified and the action taken along with any other pertinent information such as who was injured and how it may have happened. These reports shall be accompanied by sketches, graphs, drawings, and photographs, as needed and forwarded to the COR within 1 working day following the injury or accident.

1.13 Antiterrorism/Operation Security Requirements

1.13.1 Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.13.2 Pre-screen candidates using E-Verify Program. The Contractor must pre‐screen candidates using the E‐ verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements.

The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx?udt_43544_param_page=1 http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=48:2.0.1.1.1.2.1.28 http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=48:2.0.1.1.1.2.1.28 correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than three (3) business days after the initial contract award.

1.14 Payment

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

1.14.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

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

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

Contracting Officer. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

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

Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

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

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

Physical Security. Actions that prevent the loss or damage of Government property.

Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Subcontractor. One that enters into a contract with a primary contractor. The Government does not have privity of contract with the subcontractor.

Unsatisfactory Performance. A service output that does not meet the standard of performance associated with the Performance Work Statement.

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

3.0 Government Furnished Items and Services

3.1 Keys/ Lock Combinations. The Government will provide necessary keys and combinations to gate locks, and copies of aerial photos as may be required for carrying out the contracted work. Magnetic vehicle signs identifying the contractor vehicles as a US Army Corps of Engineers Contractor will also be provided, to be used only during spraying on Corps fee lands under this contract.

3.2 Mixing Water. Mixing water is available at Chatfield Dam only, via fire/water hydrant. The Contractor must provide their own hydrant wrench and hose with appropriate fittings.

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this contract.

4.2 Mixing Water. The Contractor shall furnish all materials including chemical products and mixing water necessary to properly perform the work defined in this contract. However; the Government does have mixing water available only at Chatfield Dam as identified under Part 3 of this contract.

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

Contractor is also to have SDS for all chemical products being used available on-site during spray operations.

4.2.2 Materials/ Products. Only EPA registered chemicals and products approved for use in the State of Colorado shall be applied. All chemical products will be reviewed and approved by the COR prior to application on Government lands. Chemicals shall be mixed and applied at rates consistent with their respective labels and manufacturer recommendations. Application rates shall be such that the target pest is killed and not simply injured.

4.3 Equipment and Storage. The Contractor shall provide all equipment that is of suitable size and type for the intended use and shall meet or exceed all current federal, state, and local safety requirements. The Contractor will be required to present all equipment for inspection by the COR upon bringing it on to Government Property and before it is used to perform work on this contract. The contractor's equipment shall not be stored on government property administered by the Corps of Engineers, Tri-Lakes Project, without prior approval of the COR. All chemicals, chemical mix, and chemical refuse shall be removed from government lands upon completion of each day's spraying.

The Government will not be held liable for damaged, lost, stolen, or vandalized property.

5.0 Specific Tasks

5.1. Basic Services. The Contractor will provide herbicide application services for control of noxious weeds and specified species as outlined in this contract. All areas are on federal property owned and managed by the U.S. Army Corps of Engineers. Some of the areas may require spot treatments of the noxious weed infestations while others may require solid coverage. The contractor shall conduct herbicide applications during the appropriate time period for the target species as identified in the Performance Requirements Summary (Technical Exhibit 3). These periods may be adjusted as needed for weather as long as the periods are within the performance period of this contract, with approval of the Contracting Officer and the COR.

5.2 Noxious Weed Control. The services to be furnished under this contract shall be provided during the specified performance period. The contractor shall NOT start spraying until the pre-work meeting has been accomplished with the COR. It shall be the contractor's responsibility to start and provide a continuous spraying operation from day-to-day, weather permitting, until completion of the spraying phase within the allotted time frame. Because of the possible close proximity of the areas to considerable human activity, the contractor is to avoid contact with the public and work force with either spray or drift.

5.3 Application Conditions. Manufacturer's label directions and warnings relative to temperature, wind, or other weather conditions shall be strictly adhered to. Care shall be exercised at all times by the contractor when applying chemicals in those areas that the public uses for recreational purposes. Care shall also be exercised at all times by the contractor to protect desirable (non-targeted) species from damage from chemical application. All State of Colorado Pesticide Application rules and Regulations shall be adhered to.

5.4 Record Keeping

5.4.1 Pesticide Application Report (PAR). The contractor shall be required to completely fill out an accurate, Pesticide Application Record for each days’ spray applications. The PAR shall be completed for each day of application and a copy of the original PAR form shall be submitted to the COR within two (2) business days after the application so that the treated area can be scheduled for a performance inspection. PAR forms may be sent electronically or in hardcopy format to the COR.

5.4.2 Incident/Accident Report. Submitted as needed. An accident constitutes an incident or act involving the Contractor, which may or may not have caused obvious damage to persons or property. This includes injuries to Contractor employees, members of the public, or damage to Government or personal property. The Contractor shall notify the COR by telephone within 30 minutes of any incident or accident, followed by a written report. These reports shall include, but are not limited to; location, nature of the injury or accident, authorities notified and the action taken along with any other pertinent information such as who was injured and how it may have happened. These reports shall be accompanied by sketches, graphs, drawings, and photographs, as needed, and forwarded to the COR within 1 working day following the injury or accident.

5.4.3 Employee Exposure Hours. A total of person-hours worked by Contractor employees during the month. This report shall be submitted monthly to the COR.

5.5 Permits and Responsibilities. The contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits, insurance, and for complying with federal, tribal, state, and local laws, codes, ordinances, statutes, and regulations applicable with the completion this contract. The contractor shall be responsible for all damages to person and property, including government property that occurs as a result of contractor fault or negligence.

7.0 Attachments

Technical Exhibit 1 – Deliverables/ Submittal Schedule

Technical Exhibit 2 – Tri-Lakes Project Contractor Safety Meeting Documentation

Technical Exhibit 3 – Performance Requirements Summary/ Estimated Workload

Technical Exhibit 4 – Weed Control Area Maps

Technical Exhibit 5 – Contractor Recommended Chemical Products and Rates

TECHNICAL EXHIBIT 1

DELIVERABLES/ SUBMITTALS SCHEDULE

DELIVERABLE/

SUBMITTAL FREQUENCY # OF COPIES MEDIUM/FORMA

T SUBMIT TO

• Copy of certifications and applicators license

• Contractor recommended chemicals and rates

• Product labels

• SDS sheets

• Certificate of

Insurance

• Safety, Spill &

Contamination Plan

• Quality Control Plan

• Responsible Individuals information

• Equipment List

Pre-Work Conference 1 copy each Paper (hard copy) or Electronic

US Army Corps of Engineers Attn: Joe Maxwell 9307 S. Wadsworth Blvd.

Littleton, Colorado 80128 Phone: 303-979-4120 Fax: 303-979-0602

Supply/Service Bid Schedule

Submitted as part of the Request for Quote (RFQ) package prior to contract award

Per contracting office RFQ submittal guidelines

Per contracting office RFQ submittal guidelines

Per contracting office RFQ submittal guidelines

Pesticide Application Records

Within 5 business days of application 1 Copy Paper (hard copy) or Electronic copy Same as block 1 above

Contractor Safety Meeting Documentation

Within 5 business days of completed meeting 1 Copy

Paper (hard copy) or scanned Electronic copy

Same as block 1 above

Payment Invoice

At end of month in which work takes place

1 Copy Paper (hard copy) or Electronic copy Same as block 1 above

6 Employee Exposure Hours

Monthly (At end of month in which work takes place)

1 Copy Paper (hard copy) or Electronic Same as block 1 above

Required Reports if occurred:

• Incident/ Accident

Report

Phone notification within one (1) hour;

Written report within one (1) working day.

1 Copy Paper (hard copy) or Electronic copy Same as block 1 above

TECHNICAL EXHIBIT 2

TRI-LAKES PROJECT WEED CONTROL

CONTRACTOR SAFETY MEETING DOCUMENTATION

REPORT # _____________ DATE: _______________ TIME: _______________

ATTENDEES:

1._________________________________ 6.____________________________________

2._________________________________ 7.____________________________________

3._________________________________ 8.____________________________________

4._________________________________ 9.____________________________________

5._________________________________ 10.____________________________________

MEETING MINUTES/ TOPICS DISCUSSED:

CONTRACTOR'S SIGNATURE:________________________________________________

TECHNICAL EXHIBIT 3

PERFORMANCE REQUIREMENTS SUMMARY/ ESTIMATED WORKLOAD SUMMARY

(See separate attachment)

TECHNICAL EXHIBIT 4

WEED CONTROL WORK LOCATION MAPS

(See separate attachments)

Listed by Item No.:

0001 = Chatfield Dam 0002 = Cherry Creek Dam 0003 = Bear Creek Dam

TECHNICAL EXHIBIT 5

CONTRACTOR RECOMMENDED CHEMICAL PRODUCT SUMMARY

(See separate attachment)

52.212-2 ADDENDUM; EVALUATION--COMMERCIAL ITEMS

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will the best value to the Government. Quotations will be evaluated using the following factors:

1. Past Performance - The quoter shall provide a minimum of two references of projects related the same or similar projects(s) for a government agency or a non-government firm completed within the past three (3) years. Contractor shall demonstrate successful past performance in applying pesticides to heavily visited public lands and around water supply/ irrigation reservoirs and streams. Past performance shall also demonstrate successful applications to areas equivalent to or exceeding 750 acres. Experience consists of projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. These references need to be equal to or similar in scope of this requirement. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references.

Additionally, past performance may be based on the Contracting’s Officer’s knowledge of and previous experience with similar purchases acquired and any information contained in the Governmentwide Past Performance Information Retrieval System (PPIRS), contained at www.ppirs.gov.

The quoter will receive a rating of exceptional for past performance that demonstrates successful completion of similar purchases on all references and the additional information retrieved from PPIRS and from the Contracting Officer is favorable. The quoter will receive a rating of satisfactory for past performance that has at least one reference that demonstrates successful completion of similar purchases and the information from PPIRS and the Contracting Officer is favorable. The quoter will receive a rating of unsatisfactory for past performance that does not demonstrate any successfully completed similar purchases on the references and the additional information from PPIRS and the Contracting Officer is not favorable.

2. Technical Approach – Recommend appropriate chemicals and rates of application for specific application sites. Responses to Technical Exhibit 4 5 will be used for evaluation.

3. Support Equipment and Facilities - Ability to meet or exceed all requirements outlined in the scope of work.

The contractor shall submit a document that provides an equipment list, and identifies the ability to complete the spraying in terms of the ability to obtain mixing water, and provide adequate personnel.

After a preliminary consideration of all quotations, the government will identify from all quotations one that is the most suitable to the user and screen all lower priced quotations based on the readily discernible value factors (1-3) above. Past Performance, Technical Approach, and Support Equipment and Facilities when combined, are significantly more important than price. However, should two or more bidders be equal in evaluation score, price shall be used to break the tie.

4. Price: The prospective Contractor's proposed acre rates shall be inclusive of all costs that might be incurred during this agreement such as, but not limited to, mobilization fee, labor, fuel, chemical, mileage, equipment, rental fees, licenses, insurance, etc. The Contractor shall provide bid prices for all line items on the bid sheet.

The Government may award an agreement resulting from this solicitation consisting of a single line item http://www.ppirs.gov/ only or any combination of line items. Agreement work will include actual spray time as listed on the PAR and reasonable on-site set-up time.

(b)…