GSP HERB scope of work.docx

S P E C I F I C A T I O N S

GREAT SALT PLAINS LAKE

OKLAHOMA

MAINTENANCE CONTRACT

FOR

APPLICATION OF HERBICIDES

ORGANIZATION OF SPECIFICATIONS

This specification consists of a general section supplemented by exhibits and appendices. A Table of Contents is provided on the following pages.

The general section contains requirements that apply to all work to be performed under the provisions of this specification. The exhibits contain detailed listings or examples referred to in the general section and the Performance Requirements. The appendices contain a description of the facilities to be serviced and the work to be performed.

Any reference to paragraphs or subparagraphs in this specification will refer to those in the general section unless otherwise noted.

TABLE OF CONTENTS

11 Required Insurance and Insurance Certification

EXHIBITS

APPENDICES

1. SCOPE OF WORK. The work required under this specification provides for the application of herbicides at various locations on project lands at Great Salt Plains Lake.

2. DEFINITIONS.

2.1. Contractor Quality Control (CQC). The contractor's system of controlling the quality of services provided under the provisions of the contract.

2.2. Contracting Officer Representative (COR). Qualified individuals appointed by the Contracting Officer (KO) to assist in the technical monitoring or administration of a contract.

2.3. Deficient Service. Any service provided by the contractor that does not meet the Performance Standards specified in the Performance Requirements given in Exhibit 1.

2.4. Government. The term "Government" as used herein means the United States of America.

2.6. Performance Requirement (PR). The Government's requirement for each service provided under the contract. The requirements are stated as Performance Standards (PStd), and specify the minimum standard (quality) for each service provided under the contract.

2.7. Project. The term "project" as used herein means all Government property and easements at Great Salt Plains Lake.

2.8. Public Use Area (PUA). Parks as well as overlooks, nature and hiking trails, access points, and other areas used by the public for recreation.

2.9. Quality. Conformance with the contract specification.

2.10. Quality Assurance (QA). The procedure by which the Government determines CQC is functioning effectively.

2.11. Regulations. The term "regulations" refers to any local, state, or Federal law or regulation applicable to operation or maintenance of the project.

2.12. Workday. Any day, Monday through Friday, exclusive of Federal holidays. This definition should not be interpreted to mean work is not required by this specification on other days.

3. REFERENCES. The Contracting Officer’s Representative (COR) will furnish referenced material to the contractor after contract award.

3.1. Corps of Engineers Safety and Health Requirements Manual, (EM 385-1-1, dated 30 November 2014) is hereby incorporated into this specification. The COR will furnish EM 385-1-1 to the contractor after contract award. It is also available on-line at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx .

3.2. Pesticide Control Program for Civil Works Projects (ER 1130-2-413) is hereby incorporated into this specification.

3.3. Oklahoma Department of Agriculture, Plant Industry Division Oklahoma Pesticide Applicators Law, Rules and Regulations Title 2, Oklahoma Statutes, Sections 3-81 through 3-86 and 3-380 through 3-388.

4. PERSONNEL. The contractor shall provide personnel necessary to accomplish all work required by this specification within specified time limits.

4.1. Experience and Skills. The contractor shall provide personnel that are experienced and demonstrate proficiency in the skills required performing the work specified. All personnel must be certified, registered and in compliance with all EPA, State, and local laws, rules and regulations listed in subparagraph 3. above (or under the immediate supervision of a Certified Applicator).

4.2. Supervision.

4.2.1. The contractor shall provide one on—site supervisor on the project who shall have full authority to direct any work required. This supervisor and alternates, who shall have full authority to execute work during his absence, shall be designated in writing.

4.2.2. The on-site supervisor shall contact the Contracting Officer’s Representative, (COR),each day work is being performed, between 8:00 a.m. and 8:30 a.m.

4.2.3. The contractor shall provide the COR a local or toll-free telephone number at or through which the supervisor can be reached between 8:00 a.m. and 4:30 p.m. on all days work is being performed. Use of a cellular-type phone is acceptable.

5. EQUIPMENT. The contractor shall furnish equipment necessary to accomplish work within reasonable time frames not to exceed the response times set forth in subparagraph 4.1.

5.1. Equipment Inspections. Upon request, the contractor shall present equipment to the COR for inspection. Equipment brought to the project shall not be used until it has passed inspection by the COR. The COR shall establish the time and location for these inspections.

5.2. Equipment Requirements. All equipment used to perform work under this specification must be in good operating and mechanical condition and shall comply with EM 385-1-1.

5.3. Vehicle Operation and Parking. While performing work under this contract, vehicles shall be operated and parked only on roads, parking areas, or pullouts unless the COR approves use of other areas.

6. MATERIALS AND SUPPLIES.

6.1. Contractor Furnished. Except for the items listed in subparagraph 5.2., the contractor shall furnish all materials and supplies necessary to accomplish all work required by this specification within specified time limits.

6.1.1. All material and supplies shall be new and adequate quantities shall be maintained to perform the required services without interruptions.

6.1.2. All materials and supplies are subject to review by the Contracting Officer to determine compliance with this specification. All herbicides must receive approval prior to use. A list of previously approved chemicals will be furnished upon request. Information must be submitted 10 days prior to expected use date to get approval of an herbicide not previously used or approved.

6.1.3. It is the responsibility of the contractor to determine the herbicides to be used and to schedule treatments at proper growth stages of targeted species.

6.1.4. In accordance with ER 1130-2-413, the contractor will submit within 10 days after application the trade name, common name, EPA classification, form applied, diluents and dilution rate, method of application, species targeted, weather information and amounts applied. Forms will be provided by the Contracting Officer.

6.1.5. All product label requirements and mixing instructions shall be explicitly followed during the transport, mixing, spraying, and disposal of bags and containers during the contract period.

6.1.6. An approved dye shall be used in the mixtures to aid in identifying treated areas.

6.2. Government Furnished. The Government will furnish potable water. The contractor shall be responsible for transporting Government furnished materials and supplies to work sites.

7. PERFORMANCE REQUIREMENTS. PRs for work performed under this specification are given in Exhibit 1. The contractor's performance will be evaluated using these PRs as follows:

7.1. Services provided by the contractor will be inspected for compliance with PStds. Those not meeting PStds shall be considered deficient. Major or recurring minor deficiencies will result in a letter of correction being issued by the COR.

7.2. Deficient services are determined during initial QA inspections since the purpose of QA is to determine how well CQC is functioning. The results of inspections are not changed as a result of satisfactory re-performance.

8. CONTRACTOR QUALITY CONTROL. The contractor shall establish and execute a CQC Program in accordance with clause 52.246-4 "Inspection of Services" to assure that all work required by this specification is completed on schedule and in accordance with the PRs in Exhibit 1.

8.1. The results of all quality control inspections conducted by the contractor shall be entered on the Quality Control Inspection Log (SWT Form 990, Exhibit 2). A copy of completed inspection logs shall be furnished the COR daily or when an area is completed, whichever is later.

8.2. The COR may waive the requirements in subparagraph 9.1. if he determines proper CQC can be achieved without the required submissions. The COR will normally make this determination on the basis of actual performance by the contractor.

9. DEDUCTIONS FOR DEFICIENT WORK. Deductions from the contractor's scheduled earnings shall be made for services that do not meet the PStds in Exhibit 1. Deductions for documented defects will be made in accordance with the following procedures:

9.1. Each service found deficient and reperformed by the contractor: No deduction.

9.2. Each service found deficient and performed by the Government: Deduction for loss in value shall be based on the Government's cost for performing the work.

9.3. Each service found deficient and performed by another contractor: Deduction is the contract price paid the other contractor to perform the work.

9.4. Each service found deficient and not reperformed by anyone, or work not performed at all: Deduction for loss in value shall be based on estimates of the contractor's cost for performing the work, i.e., labor, materials, equipment costs, work schedules, etc. Loss in value shall be based on the contract bid price or applicable portion thereof.

10. SAFETY.

10.1. Safety Plan. The contractor shall furnish the COR a safety plan to implement the general policies and procedures for safe operation and maintenance of the project in accordance with EM 385-1-1. The safety plan shall include, but not be limited to the following:

10.1.1. Procedures for training employees in responsibilities for safety of others, including the general public.

10.1.2. Requirements for wearing or utilizing personal safety equipment and apparel.

10.1.3. Procedures for handling, reporting, and correcting unsafe conditions, practices, and safety violations.

10.1.4. Procedures for treating and transporting injured persons to medical facilities.

10.1.5. Procedures for handling herbicides in accordance with product label requirements (transport, mixing, spraying, and disposal of bags and containers, etc.).

10.1.6. Fire prevention plans.

10.1.7. Job hazard analyses shall include an evaluation of hazards that might be encountered for an operation, and proposed methods and techniques for accomplishing each job in a safe manner. Contractor personnel shall be thoroughly indoctrinated with job hazard analyses. Initially, the safety plan shall include, but not be limited to, job hazard analyses for the jobs listed below. However, the contractor shall prepare additional analyses as the need arises and/or the COR directs. Job hazard analysis directed by the COR shall be submitted for approval within one (1) week. An example of a job hazard analysis is given in Exhibit 3.

10.1.7.1. Loading and unloading of equipment (analysis for each type of equipment to be used to perform services required by this specification).

10.1.7.2. Equipment operation and maintenance (for each type of equipment).

10.1.7.3. Vehicle operation and maintenance.

10.2. Safety Meetings. A safety meeting shall be conducted prior to initiation of work. Employees of the contractor and subcontractor, if applicable, shall attend safety meetings. A report of safety meetings shall be furnished the COR each time a meeting is held. The report shall include the following information: Date, location, and names of persons attending, safety items discussed, and persons who conducted the meeting.

10.3. Safety Violations. If a contractor's employee persists in not following the safety requirements of this specification or the contractor's safety plan, the employee shall be permanently discharged upon the request of the COR.

10.4. Personal Clothing and Safety Apparel. Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short-sleeve shirt and long trousers (no sleeveless shirts, tank tops, or shorts). Clothing shall be in good repair. Personnel will wear additional protective apparel when required by Section 5, EM 385-1-1.

10.5. Accident Reports.

10.5.1. The contractor shall immediately notify the COR of all known accidents that occur at the project and result in death or serious injury.

10.5.2. The contractor shall investigate all accidents involving contractor or subcontractor employees that result in death, traumatic injury, occupational disease, or damage to property, materials, supplies and equipment incidental to work performed under this specification. The results of investigations shall be reported to the COR immediately and in writing on ENG Form 3394, Accident Investigation Report, within one (1) workday following the accident.

10.6. Exposure Reports. The contractor shall maintain an accurate record of exposure data (man-hours worked) and submit the figure in writing after work has been completed.

11. Required Insurance and Insurance Certificate

11.1. Pursuant to FAR 28.301(b) for the protection of the Government, and FAR 28.306(b) and 52.228-5, Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

a. Worker’s Compensation and Employer’s Liability: Workers' compensation and employers' liability insurance in compliance with applicable state statutes, with a minimum liability coverage of $100,000.

b. General Liability: Comprehensive general liability insurance for bodily injury in the minimum limits of $500,000 per occurrence. Property damage liability insurance shall be required in an amount of at least $100,000.

c. Automobile liability: Liability insurance shall be written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

11.2. The contractor shall submit to the COR a copy of their insurance certificate within 5 calendar days of notification of contract award.

12. REPORTING DEFECTIVE FACILITIES. While performing work, contractor personnel shall observe the condition of Government facilities. Damaged, defective, and/or inoperative facilities shall be reported to the COR each workday.

13. PREWORK CONFERENCE. The COR shall conduct a Prework Conference with the contractor to discuss the provisions of this specification and the contractor's submittals listed in paragraph 14 below. As a minimum, the officer of the company that signed the contract and the on-site supervisor shall represent the contractor. The COR shall establish the location, date, and time of the Prework Conference after consultation with the contractor.

14. CONTRACTOR SUBMITTALS. Unless otherwise noted, the contractor shall submit the documents listed below to the COR prior to starting work. All submittals, other than copies of contracts, shall be typed and the original and one copy shall be furnished the COR. If the COR determines any of the submittals do not comply with this specification, the contractor shall resubmit these documents within one (1) week.

14.1. Names of on-site supervisor and his alternate (submit prior to initiation of work and prior to changing designated employees) (subparagraph 5.2.1.).

14.2. Material Information (subparagraph 7.1.4.)

14.3. Safety Plan (subparagraph 11.1.).

14.4. Job Hazard Analysis (subparagraph 11.1.7.)

14.5. Exposure reports (submit after each mowing is completed) (subparagraph 11.6.).

14.6. Copy of Certificate(s) of Insurance required by the State of Oklahoma.

15. BILLING.

15.1. The contractor shall submit the original invoice at the end of each application for all completed work.

15.2. Invoices shall be prepared in the format shown at Exhibit 6.

15.3. All exposure reports and application data forms shall be submitted before an invoice will be accepted.

15.4. Invoices and supporting documents shall be delivered or mailed to the Project Manager, Canton Project Office, 64600 N 2400 Rd, Canton, OK 73724. An example of invoice format is shown in Exhibit 4.

16. CHANGES IN AMOUNT OF FACILITIES SERVICED. Adjustment in contract price will be negotiated at the request of either party, only if either or both of the following conditions occur.

16.1. Services required are deleted for a period of one (1) month or longer in an entire park or service location.

16.2. A singular change in the amount of project facilities to be serviced is made and the change results in an annual increase or decrease in the cost of work that exceeds $300. The cost of increases or decreases shall be based upon estimates of the contractor's costs for performing the work.

EXHIBIT 1

PERFORMANCE REQUIREMENTS

PERFORMANCE REQUIREMENTS

APPENDIX A

EXHIBIT 2

QUALITY CONTROL INSPECTION LOG

EXHIBIT 3

EXAMPLE OF JOB HAZARD ANALYSIS

ACCIDENT PREVENTION PROGRAM

JOB HAZARD ANALYSIS

10. ___________________________________________________________________________ CONTRACTOR (Signature/Date)

11. DISCUSSED WITH CONTRACTOR/ON-SITE SUPERVISOR ON (Date) ____________________

12. ___________________________________________________________________________ CONTRACTING OFFICER or REPRESENTATIVE (Signature/Date)

EXHIBIT 4

INVOICE FORMAT

SMALL BUSINESS

BILLING FOR

MAINTENANCE CONTRACT

PROJECT: _________________________________ SHEET ___ OF ___

CONTRACTOR: ______________________________ DATE: ______________

ADDRESS: _________________________________ CONTRACT NO: W912BV-___-__-_____

BILLING PERIOD: ________ THRU __________ INVOICE NO: __________

PAYMENT TERMS: _______________________________

(Payment Discount or N/A)

BID ITEM

NO. DEDUCTION AMOUNT TOTAL

PAYMENT REQUESTED: _________________

CONTRACTOR (Signature/Date)

APPENDIX A

APPLICATION OF HERBICIDES

1. FACILITIES TO BE SERVICED. Dam embankment, rip rap areas, and other project lands. Maps of the application areas are located at the end of this appendix.

2. DESCRIPTION OF WORK. The contractor shall perform the following work as directed.

2.1. Herbicide application shall be performed over the entire length of the dam/spillway (6,000 feet). Two separate applications will be performed between 1 May and 30 September and the date of applications will be determined by the Contracting Officer’s Representative (COR). Treatment areas include the approach channel, three drainage ditches, and riprapped areas abutting wing walls below the spillway known as fishing areas, as well as riprapped areas upstream and downstream.

2.1.1. Rip Rap Area. The contractor shall control all plant growth on the riprap areas of the upstream and downstream dam embankment. All vegetation including trees, woody growth, vines, grasses, and other herbaceous plants will be spot treated. Growth is scattered along the upstream and downstream slope of the dam. Riprap along the downstream slope occurs on the far north end of the embankment.

2.1.2. Downstream Embankment(non-riprap). Treatment consists of treating all trees, shrubs and woody growth, on the downstream slope of the embankment. Grass cover is desirable in areas without riprap so caution must be used during application to prevent drift and runoff.

2.1.3. The contractor shall take care not to overspray or allow run-off onto surrounding areas. A surfactant or adjuvant may be added to the spray solution to enhance control of the undesirable vegetation.

2.1.4. Drainage Ditches. Drainage ditch #1 is located on the south side of the spillway between the sidewalk and the recreation area. The linear feet of the ditch is approximately 1000 feet and it is approximately 20 feet wide. Drainage ditch #2 is located on the north side of the spillway near the fishing area parking lot and is approximately 250 linear feet long and 20 feet wide. Drainage ditch #3 is located on the north side of the spillway just north of the vault toilet restrooms at the parking lot and is approximately 360 linear feet long and 20 feet wide. See Map. Treatment consists of treating all trees, shrubs, and woody growth inside the drainage ditches. Where the ditches do not have a riprapped, metal, or concrete base the grass cover is desirable so caution must be used during application to prevent drift and runoff.

2.2. Cleanup and Disposal. Disposal of excess herbicides, containers, contaminated clothing, and other disposal materials, involved in the transporting, mixing, and application of herbicides will be made off Government lands and waters, and disposed of in an approved municipal, state or EPA approved disposal site according to label directions.

3. RESTRICTIONS ON WORKING.

3.1. No applications shall be allowed on weekends unless approved by the Contracting Officer.

3.2. The contractor shall not start work if rain is forecast within 24 hours, a heavy dew is present, or when wind velocity is greater than 15 mph.

3.3. Work Periods.

3.3.1. Work shall be performed between 7:00 a.m. and 7:00 p.m.

3.3.2. The COR will direct work between 15 April and 30 September.

4. PERFORMANCE REQUIREMENTS. The work performed under this appendix shall comply with the PRs given in Exhibit 1.

Drainage Ditch #1, #2, and #3 shown in yellow.

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