W9128F23Q0013.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23Q0013 22-Feb-2023

b. TELEPHONE NUMBER

SEE E-MAIL

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 08 Mar 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TINA L KEIMIG

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 9682AG 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE TRI-LAKES PROJECT OFFICE

JOSEPH MAXWELL

USAED, OMAHACENWO-OD-TL

9307 SOUTH WADSWORTH

LITTLETON CO 80128

TEL: 720-922-3858 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF55

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

CHATFIELD DAM

FFP

BASE YEAR: 1 APRIL 2023 TO 31 MARCH 2024

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this contract except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

FOB: Destination

PSC CD: S208

NET AMT

0002 1 Job

CHERRY CREEK DAM

FFP

BASE YEAR: 1 APRIL 2023 TO 31 MARCH 2024

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this contract except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

0003 1 Job

BEAR CREEK DAM

FFP

BASE YEAR: 1 APRIL 2023 TO 31 MARCH 2024

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this contract except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1001 1 Job

OPTION CHATFIELD DAM

FFP

OPTION YEAR 1: 1 APRIL 2024 TO 31 MARCH 2025

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this

1002 1 Job

OPTION CHERRY CREEK DAM

FFP

OPTION YEAR 1: 1 APRIL 2024 TO 31 MARCH 2025

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this contract except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1003 1 Job

OPTION BEAR CREEK DAM

FFP

OPTION YEAR 1: 1 APRIL 2024 TO 31 MARCH 2025

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this contract except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

2001 1 Job

OPTION CHATFIELD DAM

FFP

OPTION YEAR 2: 1 APRIL 2025 TO 31 MARCH 2026

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this

2002 1 Job

OPTION CHERRY CREEK DAM

FFP

OPTION YEAR 2: 1 APRIL 2025 TO 31 MARCH 2026

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this contract except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

2003 1 Job

OPTION BEAR CREEK DAM

FFP

OPTION YEAR 2: 1 APRIL 2025 TO 31 MARCH 2026

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this contract except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

BID SHEET

CLIN0001 Location Acres Price Per Acre Total $

Chatfield Dam Dam Embankment 254.9

Outlet Works Channel 21.8 Masey Draw Channel 3 Spillway 99.5 Admin/Maintenance area 34.5 Spring Gulch Holding Pond 1.8 Spring Gulch Dam 19.6

CLIN0002 Location Acres Price Per Acre Total $

Cherry Creek Dam Dam Embankment 176.7 Spillway 76

CLIN0003 Location Acres Price Per Acre Total $

Bear Creek Dam Main Embankment 128 Outlet Works 3.7 Stockpiles 2.5 Spillway 132 South Embankment 48

Total 1002.0

CLIN1001 Location Acres Price Per Acre Total $

Chatfield Dam Dam Embankment 254.9

Outlet Works Channel 21.8 Masey Draw Channel 3 Spillway 99.5 Admin/Maintenance area 34.5

Spring Gulch Holding Pond 1.8 Spring Gulch Dam 19.6

CLIN1002 Location Acres Price Per Acre Total $

Cherry Creek Dam Dam Embankment 176.7

Spillway 76

CLIN1003 135974Location Acres Price Per Acre Total $

Bear Creek Dam Main Embankment 128

Outlet Works 3.7 Stockpiles 2.5 Spillway 132 South Embankment 48

Total 1002.0

CLIN2001 Location Acres Price Per Acre Total $

Chatfield Dam Dam Embankment 254.9

Outlet Works Channel 21.8 Masey Draw Channel 3 Spillway 99.5 Admin/Maintenance area 34.5 Spring Gulch Holding Pond 1.8 Spring Gulch Dam 19.6

CLIN2002 Location Acres Price Per Acre Total $

Cherry Creek Dam Dam Embankment 176.7

Spillway 76

CLIN2003 Location Acres Price Per Acre Total $

Bear Creek Dam Main Embankment 128

Outlet Works 3.7 Stockpiles 2.5 Spillway 132 South Embankment 48

Total 1002.0

PERFORMANCE WORK STATEMENT

2023 TRI-LAKES PROJECT WEED CONTROL

Performance Work Statement (PWS)

US Army Corps of Engineers Tri-Lakes Project

9307 S. Wadsworth Blvd.

Littleton, Colorado 80128

December 2023

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services Performance Work Statement (PWS) 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. The U.S. Army Corps of Engineers (government) shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor, who in turn is responsible to the Government.

1.1 Type of Contract: The government will award a Small Business Contract. Contract award will be based on Best Value Selection.

1.2 Description of Services: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other necessary items and non-personal services necessary to perform noxious weed control as defined in this contract except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.3 Background: Services under this contract are to identify and control noxious weeds on government land as specified in the Project Resource Management Plan.

1.4 Objectives: Identify, prevent and effectively control noxious weed infestations as identified on Local, State, and Federal noxious weed lists with minimal damage to non-target vegetation.

1.5 Scope of Work: 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 bidding. 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 acres; Cherry Creek Dam, approximately 243.7 acres; and Bear Creek Dam, approximately 173.4 acres; totaling approximately 805.6 acres (see Technical Exhibit 6, 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 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:

1.6 Place of Performance: The work to be performed under this contract will be performed in designated areas of Bear Creek, Chatfield (including Spring Gulch) and Cherry Creek Projects, as shown by attached maps (Technical Exhibit 6).

1.7 Period of Performance: The period of performance shall be for THREE (3) years, with a base year and 2 option years. Option years shall be exercised at the discretion of the Tri-Lakes Project Office and are not guaranteed. The Periods of Performance reads as follows:

BASE YEAR - 1 APRIL 2023 THROUGH 31 MARCH 2024

OPTION YEAR 1 - 1 APRIL 2024 THROUGH 31 MARCH 2025

OPTION YEAR 2 - 1 APRIL 2025 THROUGH 31 MARCH 2026

1.8 Hours of Operation: The contractor is responsible for conducting business; Monday thru Friday, between sunrise and sunset, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Contractor may not spray on

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 weekends or holidays unless prior approval is given by the Government Representative. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

1.8.1 Recognized Holidays: 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 Juneteenth National Independence Day Christmas Day Independence Day

1.9 Contracting Officer’s Representative (hereafter COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel.

The COR is not authorized to change any of the terms and conditions of the resulting order. The Contracting Officer’s Representative (COR) for this contract shall be Joe Maxwell, Operation Project Manager, Tri-Lakes Project Office; 9307 S. Wadsworth Blvd., Littleton, Colorado 80128. Telephone 303-979-4120.

1.10 Pre-Bid Site Visits: It is the prospective contractor's responsibility to inspect the sites where services are to be performed to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract. It is strongly recommended the prospective contractor base their bid on their personal site visit/field assessments, rather than from any maps, aerial photos, hourly estimates, or approximate acreage estimates that may be furnished by the government as background/orientation information. In no event will a failure to inspect the sites constitute grounds for withdrawal of a bid after opening, or a claim after award of the contract.

Site visits should be coordinated with Joseph Maxwell at 720-922-3858.

1.11 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 (paragraph 1.26.2). 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.

1.12 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.

1.13 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.

1.14 A list of Contractor recommended chemicals for each application area, along with product labels and SDS sheets of the chemicals, must be submitted to the COR at the pre-work meeting for review (Reference: Submittals, paragraph 1.26.1). 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 (Technical Exhibit 3), and paragraph 1.21.

1.15 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.

1.16 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.

1.17 QUALITY CONTROL AND ASSURANCE:

1.17.1 Quality Control:

a) 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:

1) 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.

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

3) 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.

1.17.2 Quality Assurance: The Government shall evaluate the contractor’s performance under this agreement in accordance with Part 6 (Technical Exhibit #3 Performance Requirements Summary) of this PWS. This evaluation is primarily focused on what the Government must do to ensure that the contractor has performed their work in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

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:

c) 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 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.

d) 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.

1.17.3 DEFICIENCY NOTICES: The Government will monitor the Contractor's performance and shall, upon knowledge of deficient work, immediately notify the Contractor by telephone; followed with a written deficiency notice indicating the nature and the date of the deficiency. If the COR cannot reach the Contractor by telephone after two (2) attempts, a written notice of deficiency shall be considered the only notification necessary for the Contractor of the deficiency.

1.17.4 Performance evaluation meetings with the Contractor will be scheduled as determined by the COR.

1.18 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.

1.18.1 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.

1.18.2 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.

1.18.3 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.

1.18.4 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 1.26.1). 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.

1.20 SAFETY/ SECURITY:

1.20.1 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.

1.20.2 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).

1.20.3 Safety Data Sheets (SDS) 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.

1.20.4 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.

1.20.5 Security: 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.

1.21 SPECIAL REQUIREMENTS:

1.21.1 Notification of Pesticide Applications:

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

1.21.2 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 (21 days) prior to the date the contractor intends to accomplish the spray application.

1.22 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.23.1 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall immediately report any occurrences of lost or duplicate keys to the COR.

a.) In the event keys are lost or duplicated, the Contractor shall, upon direction of the COR, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be paid for by the Contractor.

b.) The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

c.) Lock Combinations: Temporary lock combinations shall be disseminated to the contractor for specific gates as needed to accomplish the contract requirements.

1.24 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (F.A.R.) Subpart 42.5. The contracting officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.25 Key Personnel: The following personnel are considered key personnel by the government: Spraying contractor and all employees providing labor. All contractor employees shall possess required licenses and certificates as required by State and Federal Law.

1.25.1 Responsible Individual(s): The services required by this contract shall be performed in accordance with contract clauses. The Contractor shall designate in writing, a responsible foreman/supervisor of each work crew who shall serve as a contact for matters involving quality, performance or non-performance of the required work assigned to that crew. The employee(s) designated in accordance with the above requirements shall be qualified and fully competent with full authority to act for, and on behalf of, the Contractor as necessary to insure that the work as described herein is performed in accordance with contract clauses. The Contractor shall furnish the above written designation (Responsible Individuals Information) at the pre-work meeting. The designation shall include the name(s), address(s), and telephone number(s) of the individual(s) and the hours the person can be reached, that he/she intends to assign to this work. The Government reserves the right to disapprove any individual whom he/she considers to be incompetent to perform the work required. Such disapproval will be given to the Contractor by written notice.

A minimum of one supervisor shall be on duty in the contract work area during all scheduled working hours.

1.25.2 The Contracting Officer or the COR may require the Contractor to immediately remove from the work site any employee of the Contractor who is documented to endanger persons or property, or whose physical or mental condition is such that it would impair the employee's ability to satisfactorily perform his/her work. Notification to the Contractor shall be promptly made in writing if time and circumstances permit. Otherwise, notification shall be telephonic and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

1.26 SUBMITTALS/ CONTRACT ADMINISTRATION:

1.26.1 The Contractor shall submit the following items at the pre-work meeting. See also: Submittals Schedule, Technical Exhibit 1.

Copy of applicators license(s) and certifications Contractor Recommended Chemical Products (Form included in solicitation package) Copies of Product Labels for all chemical products Copies of Safety Data Sheets (SDS) for all chemical products Certificate of Insurance (Paragraph 1.26.2) Written Safety/ Spill and Containment Plan (Paragraph 1.20) Written Quality Control Plan (Paragraph 1.17.1) Responsible Individuals Information (Paragraph 1.25.1) Application equipment list

1.26.2 The Contractor is required to have General Insurance that contains an Environmental Liability clause. The minimum amount of the policy shall be $500,000, unless specified as higher by state or local regulations. Proof will be required at the pre-application meeting. Failure to comply with this provision may cause immediate action to be taken to terminate the contract. Failure of the Contractor to obtain a binding agreement to last the full term of the contract may cause immediate action to be taken to terminate the contract.

Insurance Required (Local Provision):

In accordance with F.A.R 28.307-2, “Liability”, the contractor shall produce the following minimum insurance:

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $500,000 per occurrence And, when automobiles are used in connection with performance of contract:

Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $20,000 per occurrence

And, when contract performance involves the use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance.

The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.

1.26.3 Pesticide Application Record (PAR)/ Documentation Form: The Contractor shall submit a completed copy of the Pesticide Application Record form for each day’s work and for each herbicide used. The completed forms shall be submitted to the COR within two (2) business days of application, so that the site may be scheduled for performance inspection. This form may be submitted either electronically or in hard copy format.

NOTE: PAR submittals must be up-to-date prior to processing of any payment invoices.

1.26.4 Invoice/ Payment: Payment will be made by the Disbursing Officer, U.S. Army Engineer District, Omaha, Nebraska, in accordance with the Prompt Payment Act (Public Law 100-496). Under the terms of this contract, invoices are to be submitted to:

TRI-LAKES PROJECT OFFICE

U.S. Army Corps of Engineers 9307 South Wadsworth Blvd.

Littleton, Colorado 80128-6901

The Contractor shall submit one itemized invoice per month for payment which shall include the site area(s) that were treated.

1.26.5 Withholding:

PAYMENT WILL NOT BE MADE FOR WORK NOT PERFORMED.

In the event of unsatisfactory performance of specified work, the Contractor may be directed to re-perform the unsatisfactory services at no additional cost to the Government. Failure of the Contractor to perform the work as specified, or to re-perform work as directed, will result in withholding of payment for the portion(s) of the work not accomplished. Amounts to be withheld will be determined by prorating the amount of services satisfactorily performed against the amount of services required.

1.26.6 Performance By Third Party Or Government Personnel: In addition to the above remedies for non-performance, the Government reserves the right to cause the specified work to be performed by a third party or Government forces and the cost incurred thereby will be levied against the Contractor. Any time Government forces are used because of Contractor's nonperformance, the cost levied against the Contractor will include all direct costs associated with the performance of the specified work plus the loss of efficiency to the Government's productivity experienced by the Government, where utilized Government forces are not otherwise available to perform their normal duties. Such inefficiencies are determined as the direct cost to the Government for substitution of the Government workforces removed from their normal duties computed on an hourly basis at the applicable wage rate. Government workforces will be used only when time is of the essence and the interests of the Government would not be served by securing a third party to perform the specified work.

1.26.7 Sub-Contracting: No contract shall be made by the Contractor with any other party for furnishing any of the work or services herein contracted for without the approval of the Contracting Officer. This provision does not apply to contracts of employment between the Contractor and his personnel.

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

1.27 Contract Clauses: SEE SOLICITATION.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. 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.

2.1.2. CONTRACTING OFFICER (KO). 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.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

2.1.5 GOVERNMENT REPRESENTATIVE (GR). An employee of the U.S. Government who serves as the contact for technical information related to the contract.

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

2.1.7. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.9. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.10. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

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

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

2.1.15. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.16. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EM 385-1-1 US Army Corps of Engineers Safety and Health Requirements Manual FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out GR Government Representative PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit USACE United States Army Corps of Engineers

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. 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.

3.3 Pre-Bid Site Visits: It is the prospective contractor's responsibility to inspect the sites where services are to be performed to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract. It is strongly recommended the prospective contractor base their bid on their personal site visit/field assessments, rather than from any maps, aerial photos, hourly estimates, or approximate acreage estimates that may be furnished by the government as background/orientation information. In no event will a failure to inspect the sites constitute grounds for withdrawal of a bid after opening, or a claim after award of the contract. Site visits should be coordinated with Joseph Maxwell at 720-922-3858.

3.4 APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

3.4.1 The Contractor shall comply with all applicable Safety Requirements detailed in the U.S. Army Corps of Engineers Safety & Health Requirements Manual EM 385-1-1, version 11/30/2014. Copies of this manual are available at the project office or on-line at:

http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx?udt_43544_param_page=1 .

3.4.2 The Contractor shall comply with the Code of Federal Regulations, Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects Pamphlet EP 1165-2-316. Copies of this pamphlet are available at the project office or online at http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx?udt_43545_param_orderby= Pub_x0020_Number&udt_43545_param_direction=descending .

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. 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 Safety Data Sheets for any products used for this contract. Contractor is also to have Safety Data Sheets (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.

PART 5

SPECIFIC TASKS

5. 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 Technical Exhibit 3 of this contract. 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.

5.2.