Performance_Work_Statement.pdf

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085

1 GENERAL INFORMATION

1.1 SCOPE OF WORK

The Contractor shall furnish all necessary labor, equipment, supplies, materials, licenses, permits, transportation, training, and supervision to satisfactorily perform all work required by this contract in the manner and frequencies specified. The purpose of this contract is to eradicate all woody vegetation less than six feet tall and any noxious weeds on the prism of the levees within the Jackson Levee Project. The work will be performed at the areas described in this contract and shown on the attached maps. All work will be performed on/within the Jackson Project Levees located near Jackson, Wyoming.

There are approximately 33 miles of levees within the project boundaries on the Upper Snake River and Lower Gros Ventre

River. The northern project boundary begins south of Moose, Wyoming. The southern project boundary is at the Hwy 89 bridge over the Snake River, south of Jackson. The work will include mobilization/demobilization, notice of intents to the state of Wyoming, submittals, pesticide spraying for woody vegetation control (less than 6 feet in height) on levees, the

Quality Assurance inspection thirty days after applications, removal of all dead woody vegetation within 10 days of quality assurance inspection of dead vegetation, and spraying to eradicate noxious weeds.

1.2 DEFINITIONS

1.2.1 Acceptable Quality Level (AQL): A predetermined value selected and used by the Government Quality

Assurance Representative to distinguish between satisfactory and unsatisfactory performance.

1.2.2 Allowable Reject Level (ARL): The allowable margin of error observed under statistically sound quality assurance surveillance.

1.2.3 Contracting Officer (KO): The person executing this contract on behalf of the Government.

1.2.4 Contracting Officer‘s Representative (COR): An individual designated in writing by the Contracting Officer responsible for administration of the contract.

1.2.5 Contractor: The term Contractor refers to the prime Contractor and all Contractor employees and personnel.

The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

1.2.6 Noxious Weed Control: The noxious weed/plant shows and indicates chemical effectiveness by showing and having greater than 50% shriveling, wilting, browning, and/or die back.

1.2.7 Deduct Percentage: The percentage obtained when the price for providing a specific requirement for a billing cycle is diminished because the Observed Acceptance Rate (OAR) is below the Acceptable Quality Level (AQL).

1.2.8 Defective Service: A service or output that does not meet the standard of performance requirement specified in the contract for that service.

1.2.9 Observed Acceptance Rate (OAR): The observed rate of acceptable performance based on statistically sound quality assurance surveillance.

1.2.10 Ordinary High Water Mark (OHWM): Line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of the soil, destructing of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. (33 CFR 328.3(e))

1.2.11 Performance Requirement: The point that divides acceptable and unacceptable performance of a task according to the Performance Work Statement (PWS) and the Inspection of Services clause. It is the number of defects or maximum percentage of defects in the lot that is acceptable.

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085

1.2.12 Periodic: Inspection method used by the Government COR to insure that Contractor is providing satisfactory performance for payment. Periodic inspections are not scheduled or necessarily routine in nature and can/will be conducted when COR is in the vicinity of where services are performed.

1.2.13 Quality Assurance (QA): A planned and systematic pattern of all Government actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For purposes of this contract, quality assurance refers to actions by the Government assurance functions for a contracted service.

1.2.14 Quality Assurance Representative (QAR): An individual designated to inspect the Contractor‘s performance.

1.2.15 Quality Control: Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements.

1.2.16 Woody Vegetation: Woody vegetation, commonly called bushes, shrubs, and trees, is any plant that uses wood as its structural tissue. These are typically perennial plants whose stems and larger roots are reinforced with wood produced adjacent to the vascular tissues. The main stem, larger branches, and roots of these plants are usually covered by a layer of thickened bark.

2 CONTRACTOR PERSONNEL

2.1 The Contractor must designate an on-site supervisor with written authority to act on behalf of the Contractor in dealing with the Government. This supervisor will have experience applying pesticides in the state of Wyoming and be a Wyoming

State Department of Agriculture (WSDA) Licensed Commercial Pesticide Applicator. The primary duties of the supervisor will be to supervise employees and to serve as quality control person, with full responsibility described in Paragraph:

Quality Control. This individual will have a thorough knowledge of the contract requirements and the work to be performed under this contract. The name, phone number, fax number and email address of this person must be designated in writing to the Contracting Officer‘s Representative (COR) at the pre-work meeting.

2.2 The supervisor must have full authority to act for the Contractor on all matters relating to daily operation of this contract.

2.3 The supervisor must be able to fluently read, write, speak and understand English.

2.4 Subcontractors: Contractor personnel and regular subcontractors must wear clothing marked with identifying name of the Contractor. All Contractor vehicles must be readily identified with either permanent or magnetic signs that state the

Company‘s name.

2.5 Employees: The Contractor employees shall be skilled in and capable of performing the work under this contract.

All employees of the Contractor applying chemicals under this contract, must have valid Wyoming Pesticide

Commercial Applicator Licenses. Subcontracting: Compliance with the provisions of this contract by subcontractors shall be the responsibility of the Contractor.

2.6 Training: The Contractor must ensure that all employees and subcontractors have safety training covering safe work practices, personal protective equipment, proper housekeeping and fire protection. The Contractor must also ensure that all employees have necessary certificates as required by local, state and Federal laws.

3 QUALITY CONTROL

3.1 General: A Quality Control Program is the means by which the Contractor assures himself/herself that adequate inspection of work performances are being conducted so that all work meets contract specifications. Contractor must provide the COR a quality control plan for acceptance at the pre-work conference. The COR will notify the Contractor of approval or required modifications to the plan before the start of physical work on the contract; Contractor shall make

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085 appropriate modifications and obtain approval of the plan by the COR before work may begin.

3.2 Quality Control Plan: The Quality Control plan must minimally include a description of the inspection system for all services listed on the Performance Work Statement (PWS). The plan must include:

a. A description specifying a monitoring strategy, including both the frequency and location of inspections, and the titles and organizational placement of the inspectors.

b. A description of the methods to be used for identifying and preventing defects in the quality of service performed to include the method of determining percent success of vegetation killed per application section.

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

3.3 Records: Records of Quality Control inspections must be kept and attached to the daily reports given 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.

4 QUALITY ASSURANCE

The Government will evaluate the Contractor‘s performance under this contract for those tasks listed on the Performance

Work Statement (PWS) to establish acceptance of contract invoices. The COR or QAR will follow the methods of surveillance specified in the PWS; generally systematic random sampling will be employed. Government personnel will record all QA inspections, and the COR will retain such records.

5 POST AWARD MEETINGS

5.1 Pre-Work Meeting: Within 15 days after Task Order award and prior to commencement of on-site work, the Contractor shall attend a pre-work meeting at a time and place mutually agreed to by the Contractor and the COR. At this meeting, the COR will establish lines of authority and Government procedures for contractual administrative and work issues. The schedule of required submittals and reports will also be discussed. The Government will furnish a letter of record documenting pre-work meeting discussions to the Contractor within one week following the meeting. The Contractor shall submit, for approval, in completed form, the following items at the pre-work conference:

a. Certificate(s) of Insurance and Letter of Authority for the Contract Supervisor.

b. Quality Control Plan. See paragraph 3 above.

c. Accident Reporting Plan per EM 385-1. See section 7 below.

d. Accident Prevention Plan per EM 385-1. See section 7 below.

e. Activity Hazardous Analysis Plan per EM 385-1. See section 7 below.

f. Hazardous Material Communication Plan per EM 385-1. See section 7 below.

g. Hazardous Waste Disposal Plan.

h. A current Certificate for Wyoming Pesticide Commercial Application License for contractor personnel who will be performing spraying activities.

i Name and contact information for the on-site supervisor j A list of any subcontractors; and a list of names of all employees who will be working for the Contractor.

k List of all vehicles and equipment that will be on-site.

l List of all chemicals to be used on-site.

m Material Safety Data Sheets (MSDS) and Safety Data Sheets (SDS) under the Global Harmonization

System on all pesticides or any other chemicals that are used under this contract.

n A copy of the NOI and other documentation submitted to Wyoming DEQ, if required.

o Copy of approved permit from Wyoming DEQ if required.

p Spill prevention and control plan. See paragraph 6.6.1.4 below.

q Contractor schedule and work hours.

r. Submit name and qualifications of the Site Safety and Health Officer (SSHO) as specified in paragraph.

s. The Contractor shall pre-screen employees using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor shall ensure that the employees have two valid forms of Government issued identification prior to enrollment to ensure the correct information is

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085 entered into the E-verify system. An initial list of verified/eligible contract employees shall be provided to the COR." When contracts are with individuals, the individuals shall complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form shall be provided to the Contracting Officer and will become part of the official contract file.

7.7 Site Safety and Health Officer (SSHO).

5.2 Commencement: The plans noted above must be approved by the COR prior to commencement of work by the

Contractor. Failure to have plans approved by the COR will result in delays in notification to proceed which shall not be the basis of a Contractor claim.

5.3 Monthly Contract Meetings: The Contract Manager must meet monthly during the Task Order period of performance

(POP) from May to November with the COR to review the past month‘s performance and to discuss contract issues. The meetings will be held at a time and location agreed to by the COR and the Contract Manager prior to the meeting. The

Contractor may submit a draft invoice at this time. Contractor shall submit a monthly work plan for the upcoming month at the meeting. These meetings will also include site tours of infested areas to discuss spraying for the following month if needed. Phone meetings are acceptable if onsite meetings are not needed.

6 CONSERVATION OF RESOURCES

6.1 Private Property: Contractor shall be responsible for injuries to persons or damages to private property (vehicles, camping units or equipment) caused by his/her operations.

6.2 Environmental Protection: For the purpose of this contract, environmental pollution is defined as the presence of chemicals, physical or biological elements, or other agents which adversely affect human health or welfare; unfavorably alter ecological balances; affect other species; or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water and land and involves solid waste management as well as any other pollutants. In order to prevent, and to provide abatement and control of any environmental pollution arising from the activities in the performance of this contract, Contractor and his/her subcontractors will comply with all applicable Federal, State, and local laws and regulations concerning pollution control and abatement.

6.3 Fish and Wildlife: Contractor shall take all necessary steps during contract work required to minimize interference with or disturbance to eagles, yellow-billed cuckoos, and migratory birds during their nesting seasons. Eagle nesting timeframes are from January 1 to August 15 of each calendar year. Migratory Birds nesting timeframes are from March 15 to August 15 of each calendar year. The necessary steps are as follows:

6.3.1 Contractor Shall coordinate with the COR to determine the location of bird nests (ie.. eagle, yellow-billed cuckoos, and migratory birds) within the project area.

6.3.2 Open Areas: Off-road vehicles shall NOT be operated within 660 feet of an eagle nest (even if you don't see eagles) due to increased visibility and exposure to noise. Maintain a minimum distance of 660 feet if the activity is visible from an eagle nest, roost site, or forage area.

6.3.3 During the migratory bird nesting timeframes, maintain a minimum spray distance of 15-feet from any active bird nest.

6.3.4 In the event that a Yellow-billed cuckoo is observed nesting, notify the COR and maintain a 1,300 foot buffer around the nest, until the COR notifies the Contractor that work can continue.

6.3.5 Forested Areas: Off-road vehicles shall not be operated within 660 feet of an eagle nest (even if you don't see eagles). Maintain a minimum distance of 660 feet from the nest even if the activity is not visible from the eagle nest, roost site, or forage area.

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6.3.6 Retain all vegetated landscape or other visual barriers between activity and any eagle nest, roost site, or forage area.

6.3.7 Bear Activity: In the unlikely event that a grizzly bear approaches the worksite, all activities shall stop and workers shall maintain a 100-yard buffer between the bear and activities. Workers shall maintain a clean working environment, free of any litter, food, or other bear attractants.

6.3.8 Wolf Activity: In the unlikely event that a gray wolf approaches the work site, all activities shall stop and workers shall maintain a 100-yard buffer between the wolf and activities.

6.4 Water Resources: Contractor shall not pollute drainage ditches, ponds, or lakes with fuels, oils, bitumins, calcium chlorides, acid, or other harmful materials.

6.5 Disposal: Discarding of any materials, wastes, effluents, trash, garbage, grease, chemicals, etc., in areas adjacent to drainage ditches, ponds or lakes shall not be permitted. If any waste material is dumped in any unauthorized area, Contractor shall remove the material and restore the area to its original conditions. If necessary, contaminated ground shall be excavated, disposed of as directed by the COR, and replaced with suitable fill material, compacted, finished with topsoil and planted as required to re-establish vegetation, at no additional cost to the Government.

6.6 BEST MANAGEMENT PRACTICES (BMPs)

6.6.1 The following best management practices are required for pesticide applications by the Contractor, in addition to label requirements and other State or Federal law strictures:

6.6.1.1 General Practices:

a. Licensing/Certification: All applicators shall be state commercial licensed.

b. All applicators shall comply with all applicable federal, state and herbicide manufacturer’s directions and requirements for handling herbicides and insecticides, including storage, transportation, application, container disposal, and cleanup of spills.

c. Herbicide treatments to foliage of weed species shall be according to the chemical manufacturer’s recommendations for best results, or according to this document, whichever is the more stringent standard.

6.6.1.2 Calibration/Maintenance:

a. All application equipment (backpacks) shall be properly calibrated according to the chemical manufacturer’s suggested application rates printed on the chemical label prior to use. Equipment and settings shall be properly maintained for the duration of the application period.

b. Application equipment shall be maintained to ensure proper application rates, to minimize leakage potential, reduce the potential for drift, and ensure applicator safety. Equipment shall be maintained, and visually inspected prior to each application. The inspection will include, but is not limited to: hoses, nozzles, backpacks, and motorized pumps.

6.6.1.3 Weather/Terrain:

a. Pesticide applications are limited to air temperatures of 90 degrees Fahrenheit or less, unless the label conditions are more restrictive.

b. Pesticide applications are prohibited 24 hours prior to a predicted precipitation event sufficient to cause runoff.

c. Applicators shall not spray if snow or ice covers the target foliage.

6.6.1.4 Spill Management:

a. All applicators shall carry a Spill Prevention and Control Plan. The Plan shall provide detailed descriptions on how to prevent a spill or ensure effective and timely containment of any chemical spill. The Spill Prevention and

Control Plan shall include spill control, containment, clean up, and reporting procedures.

b. A spill kit shall be available to all persons making applications within 150 feet from the site of the application.

c. Refueling: Refueling of equipment in areas not designed for refueling shall not occur within 100 feet of open

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085 water.

d. Spill Cleanup Kit: Each applicator vehicle carrying herbicides shall be equipped with a spill cleanup kit. The cleanup kit shall be capable of containing and holding at least 125% of the total mixture and concentrate that are present on the work site.

e. Spill Reporting: The applicator shall report all details of herbicide spills, exposure incidents, or accidents and/or worker health complaints, if any occur, to the COR as soon as practicable. Applicator vehicles equipped with secondary containment must have this spill cleanup kit available within a 5 minute response time.

6.6.1.5 Mixing:

a. No herbicide mixing shall be authorized within 100 feet from any body of water or stream channels.

Equipment shall have either an anti-back siphon valve or an air break on tank fill connections or openings to prevent contamination of on-site water sources.

b. Mixing (other than that of equipment that mixes internally as applications are being made) shall be performed within a temporary structure made of impermeable material such as plastic that is capable of containing at least

125% of the capacity of the spray tank that is being used.

6.6.1.6 Storage/Disposal:

a. When not in use all concentrated or mixed solution pesticides shall be placed in locked storage in closed containers with watertight lids, placed in secondary containment vessels sized at 125% of the capacity of the spray tank that is being used.

b. ATV storage tanks shall be limited to 30 gallons.

c. Disposal: Disposal of waste materials shall be in accordance with the label and in accordance with all applicable federal, state, county laws, and regulations, as well as label restrictions and instructions.

6.6.1.7 Non-Target Species: Applicators shall use caution to minimize the application of herbicides to non-target species and structures within the application areas.

6.6.1.8 Water Quality/Crossings:

a. Inspection: Equipment shall be inspected and cleaned prior to any application of herbicides within 150 feet of open water.

b. Only herbicides and surfactants labeled for aquatic use shall be employed within 15 feet of “live” waters or areas with shallow water tables. No pesticides will be applied under this contract in water.

c. Only non-ester forms of 2,4-D shall be used (as a measure to protect water quality).

d. Equipment shall be inspected for leaks and cleaned prior to crossing any stream. Any detected leaks shall be repaired before the equipment crosses the stream or near open water when not on an existing road.

e. Crossing any open water body with spray equipment (i.e., floating vessels or land vehicles) or chemicals shall be avoided if there is any land access (e.g., road or ATV trail) to the treatment areas. If land access is not available or inaccessible, all concentrated or mixed chemicals shall be transported within floating secondary containment vessels of 125% capacity of the liquid.

6.7 Environmental and Hazardous Materials: Contractor shall establish systems and controls to minimize using hazardous materials and the generation of hazardous wastes, maximize recycling of materials and comply with local, state and Federal guidelines for hazardous material and waste storage and disposal. Contractor shall furnish the Government with copies of all Material Safety Data Sheets (MSDS) prior to using or storing such chemicals.

7 SAFETY

7.1 General: In accordance with Contract Clause 52.236-13, ACCIDENT PREVENTION, the Contractor shall provide and maintain work environments and procedures that safeguard the public, Government personnel, Contractor personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities. The Contractor must apply risk management strategies to ensure personnel safety, and must comply with safety requirements articulated in the latest issue of EM 385-1-1, the US Army Corps of Engineers Safety Manual. The safety manual can be accessed at:

http://www.usace.army.mil/SafetyandOccupationalHealth.aspx

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085

7.2 Corrective Action by the Contractor: Whenever the QAR/COR/KO detects any noncompliance with contract requirements or encounters any condition that poses a serious or imminent danger to the health or safety of any personnel, the on-site QAR/COR/KO will notify the Contractor and request immediate initiation of corrective action. Lack of notice from the on-site QAR/COR/KO does not relieve the Contractor from compliance requirements and responsibility.

After receipt of notice from the QAR/COR/KO, the Contractor shall immediately take corrective action. Such notice, when delivered to the Contractor at the site of the work, shall be deemed sufficient for the purpose of notification. If the

Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action is taken.

7.3 Accident Prevention Plan: Prior to commencement of work at the site, the Contractor shall submit an Accident

Prevention Plan for the Contracting Officer’s review and acceptance. Requirements and guidelines for preparation of accident prevention plans are specified in EM 385-1-1, paragraph 01.A.11 and Appendix A.

7.4 Activity Hazard Analysis: Prior to beginning each major phase of work, an Activity Hazard Analysis shall be prepared by the Contractor in accordance with paragraph 01.A.13 of EM 385-1-1 and provided to the COR. An acceptable AHA template is included with this contract. A copy of the PDF form is available from the COR.

7.5 Subcontractors: Compliance with the accident prevention and other safety requirements by subcontractors shall be the responsibility of the Contractor.

7.6 Fire Control: Each piece of internal combustion engine driven equipment used at the work site shall be equipped with a fire extinguisher in accordance with NFPA requirements. The minimum approved rating of extinguishers shall not be less than 5-B:C.

7.7 Site Safety and Health Officer (SSHO): The Contractor’s Site Safety and Health Officer (SSHO) shall be employed by the Prime Contractor and shall be at the work site at all times to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor. The SSHO can be assigned as the On-Site Supervisor on this project. The SSHO shall meet requirements for an OSHA Competent Person. A Competent person is defined as a person one who can identify existing and predictable hazards in the working environment or working conditions that are dangerous to personnel and who has authorization to take prompt corrective measures to eliminate them. The Competent Person shall have a minimum of 2 years of experience in that role on similar projects.

8 REQUIRED REPORTS: The Contractor is required to generate, complete and submit reports to the Government.

The following is a list of reports, information to be furnished on each report and a time or frequency requirement for each report.

8.1 Daily Report: For each day of contract activity, the Contractor shall submit to the COR, within 2 business days, a summary of the work performed on that day. A sample format for the daily report is included with this contract and is available from the COR in Microsoft Word format. This report details:

a. Weather conditions on the job site.

b. Names of Contractor personnel at the job site.

c. Equipment used to perform the contract work.

d. A description of the work performed.

e. Quality Control measures performed by the Contractor’s Site Supervisor detailing Contractor surveillance of work, records performance achieved, deficiencies observed and corrective action taken.

f. Any interactions with landowners or members of the Public.

g. Documentation of any instructions received from the contract COR,

h. Any safety deficiencies, safety inspections, or safety meetings noted or conducted by the Contractor.

8.2 Pest Control Application Record: The Contractor is responsible for reporting any pesticides applied on the “Pest

Control Application Record”. These reports shall be submitted via the pdf form on the website shown below and attached to the daily report submitted to the COR, and e-mailed to the COR. This form is available at:

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085 http://www.nww.usace.army.mil/Portals/28/docs/programsandprojects/PestManagement/PestControlApplicationRecord_RE_ Construction.pdf

8.3 Reports to the State of Wyoming: The Contractor shall report vegetation spraying activity in accordance to all

Wyoming State regulations, and furnish to the COR a copy of all such correspondence.

8.4 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, and any damages to equipment estimated in excess of $2000.00. All incidents/accidents must be reported to the

Government Representative immediately, followed by a written report on ENG Form 3394, available at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/ENG_FORM_3394_1999Mar.pdf

8.4.1 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

KO or COR within 1 working day following the injury or accident.

8.5 Exposure hours report: Monthly exposure reporting shall be forwarded to the COR by the fifth business day of the following month. This report is a compilation of employee-hours worked each month for all site workers, both prime and subcontractor. The Monthly Exposure Report form is included with this contract. The COR can provide the EXCEL form to the contractor upon request.

8.6 Quality Control Report: Attached to the daily report, per paragraph 3.3 above.

9 GOVERNMENT FURNISHED SERVICES: Water necessary for the performance of the work will not be furnished by the Government.

10 GOVERNMENT FURNISHED STORAGE AREAS: The Government will not provide any storage areas.

11 CONTRACTOR-FURNISHED ITEMS AND SERVICES

11.1 The Contractor must furnish everything necessary to perform this contract according to all its terms. The Contractor must provide all training to Contractor employees required by applicable safety, health or licensing requirements.

11.2 All equipment items shall be in good condition and be capable of efficiently accomplishing the task for which they are designed.

11.3 Pesticides: Only the pesticides listed in the following table may be used on this contract:

Chemical (only aquatic labeled Herbicides) Example Trade Names

2,4-D

AquaKleen

Navigate

Clopyralid Transline (not aquatic)

Glyphosate

AquaMaster

Rodeo

Imazapyr Habitat

Aminopyralid Milestone http://www.nww.usace.army.mil/Portals/28/docs/programsandprojects/PestManagement/PestControlApplicationRecord_RE_Construction.pdf http://www.nww.usace.army.mil/Portals/28/docs/programsandprojects/PestManagement/PestControlApplicationRecord_RE_Construction.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/ENG_FORM_3394_1999Mar.pdf

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085

Chlorosulfron Telar

Triclopyr Renovate3

Metsulfuron-methyl

Escort (Not aquatic)

Ally XP (Not aquatic)

11.4 Sprayers: Spray equipment shall be used for spot spraying only. Backpacks or vehicle mounted (i.e. ATV or vehicle) sprayers may be used for pesticide applications. Vehicles may only traverse the levee crest; vehicles are not permitted on the levee slopes.

11.5 Signage: Signs will be posted and removed as per Wyoming Pesticide Application Rules. The signs will have all required information as per WSDA.

12 PERFORMANCE WORK STATEMENT

12.1 SUMMARY OF WORK

12.1.1 The Contractor shall provide all personnel, materials, supplies, and other items and services necessary to perform pesticide application as defined in this Performance Work Statement (PWS). The Contractor must perform to the standards enumerated in this contract.

12.1.2 The levees are only available for spraying between May and November of each year. All work must halt if Bald

Eagles are observed in the spray areas prior to August 15, per paragraph 6.3 above. All contract work between May and August 15 th shall be coordinated by the COR with the US Fish and Wildlife Service and Wyoming Game and Fish.

12.2 VEGETATION SPRAYING

12.2.1 There are 33 miles of levees at Jackson Hole to be treated as part of the contract over a three year period. This creates approximately 174 spray sections of 1000 feet each within the four application zones described below.

12.2.2 All applications shall be made via spot spraying. NO Other means of application are permitted; such as broadcast or boom spraying etc. Conditions must be in accordance with Pesticide Label, and wind speed during application must be less than 5 mph.

12.2.3 Contract bid lines are divided into four zones, listed and described below.

Zone 1- River side slope of levee, down to water’s edge. This zone average with is 36 feet in width

Zone 2- On River side slope of levee, including 6 feet from toe of slope toward the channel (over levee toe), in dry areas only. This zone average width is 42 feet

Zone 3- Levee Crest, approximately 14 feet wide and 5 feet down landside slope

Zone 4- Levee land side 5 feet from levee crest down toward the toe of the slope. The average zone width is

20 feet.

12.2.4 Within the identified zones there are three types of woody vegetation cover classes based on woody vegetation less than 6 feet in height. The cover classes are listed below:

Class I- < 10% Coverage of woody vegetation within a 1000 feet section

Class II- 10% to 30% coverage of woody vegetation within a 1000 feet section

Class III- 30% to 50% Coverage of woody vegetation within a 1000 feet section.

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12.2.5 Contractor shall spot spray pesticide treatment to kill all woody vegetation less than 6 feet in height within the designated zones. Each application will be done per the agreed schedule and be completed within 15 days of the agreed date.

12.2.6 Quality Control: 30 days after a pesticide application within a spray section the Contractor shall perform a quality control inspection to determine effectiveness of application. If the Contractor does not achieve the AQL of 95% of targeted plants dead within 30 days of application, the Contractor shall reapply at their expense to achieve the AQL of 95%.

12.2.7 Quality Assurance: After notification from the Contractor that a sprayed area has achieved an AQL of 95%, and prior to removal of dead vegetation by the contractor, the QAR will perform quality assurance of the sprayed area to validate the Contractor’s performance.

12.2.8 Summary of pesticide application work:

Task Details Unit AQL Surveillance

All Applications Spot Spray all woody vegetation less than 6 feet in height.

Per 1000 feet spray section

95% of plants sprayed die within 30 days of application

100% of the area will be inspected 30 days after application.

12.3 DEAD VEGETATION REMOVAL.

12.3.1 The Contractor shall remove all dead woody vegetation less than 6 feet in height within 10 days after the QAR performs quality assurance of pesticide application of a spray section. Removal of vegetation includes cutting dead vegetation less than 6 feet in height down to ground level and removal and disposal of the dead vegetation from the levee project in a manner legal with all federal, state, and local regulations.

12.3.2 Summary of vegetation removal work:

All applications Cutting, removal, and disposal of all dead woody vegetation.

Per 1000 feet spray section

100% of dead woody vegetation cut and removed 10 days after QA Inspection

100% of the area will be inspected 10-

21 days after veg removal from levee.

12.4 SPRAYING FOR NOXIOUS WEEDS

12.4.1 There are 33 miles of levees at Jackson Hole to be treated as part of the contract over a three year period.

This creates approximately 1740 spray sections of 100 feet each within the application zone described below.

12.4.2 All applications shall be made via spot spraying. NO Other means of application are permitted; such as broadcast or boom spraying etc. Conditions must be in accordance with Pesticide Label, and wind speed during application must be less than 5 mph.

12.4.3 The contract bid line for the spraying of noxious weeds is for a single zone of up to 81 feet in width, in 100-foot sections on the dry land of the levee profile. This zone extends on the river side to either the water’s edge, or up to 6 feet from the river side toe of slope, toward the river channel. On the land side, this zone extends up to 15 feet from the land side levee toe. No in-water spraying will be performed under this contract.

12.4.4 Contractor shall spot spray pesticide treatment to kill all noxious weeds within the contracted area. Each

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085 application will be done per the agreed to schedule and be completed within 15 days of the agreed date. Following is a list of noxious weed species (list not all inclusive) typically found in the region of this project. This is for informational purposes only, and the Contractor is responsible for control of all noxious weeds.

a. Spotted Knapweed

b. Dalmatian Toadflax

c. Musk Thistle

d. Canada Thistle

e. Bull Thistle

f. Common Mullein

g. Black Henbane

h. Houndstongue

i. Saltcedar (tamarix)

j. Perenial Pepperweed

k. Yellow Toadflax

l. Common Tansy

m. Russian Knapweed

n. Field Scabious

o. Sulpher Cinquefoil

p. Oxeye Daisy

12.4.5 Quality Control: 10 days after a pesticide application within a spray section for the control of noxious weeds, the

Contractor shall perform a quality control inspection to determine effectiveness of application. If the contractor does not achieve the AQL of 100% of targeted plants dead within 10 days of application, the Contractor shall reapply at their expense to achieve the AQL of 100%.

12.4.6 Quality Assurance: After notification from the Contractor that a sprayed area has achieved an AQL of 100%, and prior to removal of dead vegetation by the Contractor, the QAR will perform quality assurance of the sprayed area to validate the Contractor’s performance.

12.4.7 Summary of pesticide application work:

All Applications Spot Spray all noxious weeds.

Per 100 feet spray section

100% of plants sprayed die within 10 days of application

100% of the area will be inspected 10 days after application.

13 APPLICABLE PUBLICATIONS, REFERENCES, AND FORMS

13.1 The Contractor shall perform in accordance with the latest edition of the following individual standards and codes, manuals, and other documents:

a. ER 200-2-3 – ―Environmental Compliance Policiesǁ, dated 29 Oct 2010

b. EP 200-2-3 – ―Environmental Compliance Guidance and Proceduresǁ, dated 30 Oct ‗96 EM

385-1-1 - "USACE Safety and Health Requirements Manual", revised 15 Sep 2008; Resource

Conservation and Recovery Act (RCRA)

c. Wyoming Department of Environmental Quality, current applicable regulations National

Institute of d. Safety and Occupational Health, current provisions

e. NFPA 704 Standard Systems for the Identification of the Hazards of Materials for Emergency Response

14 DEDUCTIONS

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Deductions may be made to Contractor submitted invoices when the Observed Acceptance Rate (OAR) fails to meet

Acceptable Quality Levels (AQL‘s) through corrective actions. Deductions will be made to specific line items in the following manner: a 10% line item deduction will be made when the OAR is within 5% below the AQL for that specific line item; a

20% deduction will be made when the OAR falls 6-10% below the line item AQL; a 50% deduction will be made when performance falls 11-25% below the line item AQL; and a 100% deduction will be made when performance falls 26% or below the line item AQL. OAR deduction calculations will always be rounded up to the nearest percentage point.

Deductions result from services not rendered, are non-negotiable, and are approved by the Contracting Officer.

Anytime an AQL is not met through corrective actions, it will represent failure on the part of the Contractor to meet requirements, and may support cause for termination of the contract. Corrective actions by the Contractor to address the deficiencies may result in full payment for the contract line item, subject to the Liquidated Damages clause of the contract.

15 SUPPLEMENTARY REQUIREMENTS

15.1 Contractor’s Working Hours at Job Sites: Work at job sites shall be accomplished between the hours of 7:00

AM to 6:30 PM each workday unless otherwise coordinated with the COR, or authorized in advance by the Contracting

Officer. No work shall occur on Sundays.

15.2 Levee Access: The levees are located on private property. Speed limit on levees is 15 MPH.

15.3 Pedestrian Access: Due to public pedestrian access on the Walton and Public Levees, the Contractor is responsible to maintain a safe speed to ensure public safety while in proximity to pedestrians or their pets.

15.4 Gate Security: Each work site is protected by one or more gates. To prevent cattle and other livestock from escaping, unless otherwise instructed, the Contractor shall immediately close gates after passing through them.

15.5 Protection and Restoration of Existing Facilities: The Contractor shall take precautions to prevent damage to existing facilities while performing work under this contract. Upon completion of the work, all the existing facilities not included as a portion of the work shall be left in a condition equal to the condition existing at the time of contract award. Costs for maintenance, repair, and restoration of any facilities shall be considered as incidental to and included in the bidding schedule prices.

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CONTRACTOR’S NAME

(Address)

DAILY QUALITY CONTROL REPORT

Contract No.: Date: Report No.:

Description and Location of Work:

WEATHER: (Clear) (P. Cloudy) (Cloudy) Temperature: Min. Max.

Rainfall: inches

Contractor/Subcontractors and Area of Responsibility with Labor Count for Each:

a.

b.

c.

d.

Equipment Data: (Indicate items of equipment, other than hand tools, at the jobsite, and whether or not used.)

1. Work Performed Today: (Indicate location and description of work performed. Refer to work performed by prime and/or subcontractors by letter in table above.)*

2. Results of Surveillance: (Include satisfactory work completed, or deficiencies, with action to be taken.)*

a. Preparatory Inspection:

b. Initial Inspection:

c. Follow-up Inspections:

Jackson Hole Vegetation Spraying 2016-2019 W912EF-16-Q-0085

3. Tests Required by Plans and/or Specifications Performed and Results of Tests:

4. Verbal Instructions Received: (List any instructions given by Government personnel on construction deficiencies, retesting required, etc., with action to be taken.)*

5. Remarks: (Cover any conflicts in plans, specifications, or instructions, or any delay to the job attributable to weather conditions. Include environment protection activities, inspection deficiencies and corrective action, etc.)*

6. Results of Safety briefings and Inspections: (Include safety violations and corrective actions taken and names of personnel attending safety briefings.)*

(Contractor’s Inspector)

CONTRACTOR’S VERIFICATION: The above report is complete and correct and all material and equipment used and work performed during this reporting period are in compliance with the contract plans and specifications except as noted above.*

*Attach additional sheet as necessary.

CQC System Manager

ACTIVITY HAZARDS ANALYSIS

Date Prepared (mm/dd/yyy) Risk Assessment Code (RAC):

Project: Job: E = Extremely High Risk H = High Risk M = Moderate Risk

Acceptance Authority Signature L = Low Risk

Probability

Frequent

Likely

Occasional

Seldom

Unlikely

Activity:

Analyzed By/Date:

S e v e r i t y

Catastrophic E E H H M

Critical E H H M L

Marginal H M M L L

Negligible M L L L L

PRINCIPAL STEPS (Identify the principal steps involved and the sequence of work activities)

POTENTIAL SAFETY/HEALTH HAZARDS

(Analyze each principal step for potential hazards)

RECOMMENDED CONTROLS (Develop specific controls for potential hazard)

EQUIPMENT TO BE USED (List equipment to be used in the work activity)

INSPECTION REQUIREMENTS (List inspection requirements for the work activity)

TRAINING REQUIREMENTS (List training requirements, including hazard communication)

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Date Prepared (mm/dd/yyy)

Project: Job:

JOB STEPS

HAZARDS

ACTIONS TO ELIMINATE OR MINIMIZE

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EQUIPMENT TO BE USED

INSPECTION REQUIREMENTS

TRAINING REQUIREMENTS

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