Performance Work Statement.pdf

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

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, remove designated vegetation over six feet tall and kill their stumps, and eradicate 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 Highway 89 bridge over the Snake River, south of Jackson. The work will include mobilization/demobilization, submittals, pesticide spraying, removal of designated trees, 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 is 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 Defective Service: A service or output that does not meet the standard of performance requirement specified in the contract for that service.

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

1.2.9 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))

1.2.10 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.

1.2.11 Periodic: Inspection method used by the Government COR to ensure 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.

1.2.12 Quality Assurance (QA): A planned and systematic pattern of all Government actions necessary to provide

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013 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.

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

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

1.2.15 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 E-Verify Program

Contractors shall comply with the requirements set forth in FAR 52.222-54 Employment Eligibility Verification and FAR

22.18 in using the E-Verify Program to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). The E-Verify Program is located at the following website (https://www.nww.usace.army.mil/Business-With-Us/Contracting/AT-OPSEC-for-Contractors/)

2.2 Supervisor

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 Section 3 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. The supervisor must be able to fluently read, write, speak and understand English.

2.3 Identifiers

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

Compliance with the provisions of this contract by subcontractors shall be the responsibility of the Contractor.

2.4 Employees

The Contractor employees shall be skilled in and capable of performing the work under this contract and may perform work under the auspices of the on-site supervisor. The on-site supervisor must have a valid Wyoming Pesticide Commercial Applicator License.

2.5 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 ensures that adequate inspection of work performances is 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 appropriate modifications and obtain approval of the plan by the COR before work may begin.

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

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 prior to the commencement of any on-site work:

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 385-1-1. See section 7 below.

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

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

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

g. Hazardous Waste Disposal Plan.

h. On-site supervisor certificate for Wyoming Pesticide Commercial Application License

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

o. Contractor schedule and work hours.

p. Submit a Site Safety and Health Officer (SSHO) Designation Letter as specified in paragraph 7 below.

q. Letter signed by Contractor official verifying compliance with E-Verify.

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

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013 location agreed to by the COR and the Contract Manager. 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 NATURAL 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 subcontractors will comply with all applicable Federal, State, and local laws and regulations concerning pollution control and abatement.

The Contractor shall comply with the requirements of the current Wyoming General Permit for Minor Pesticide Discharges.

The Contractor shall print a copy of the General Permit from the Wyoming Department of Environmental Quality (DEQ) website and have that copy on-site. The current permit expires on December 31, 2025. The Contractor shall print a copy of the new permit in 2026 or when it becomes available. As these are 5-year permits, the 2026 permit should be valid until the end of this contract.

6.3 Fish and Wildlife

Contractor shall take all necessary steps during contract work required to minimize interference with or disturbance to wildlife, especially, wolves, bears, eagles, 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 April 1 to August 1 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 (i.e. eagle, yellow-billed cuckoos, and migratory birds) within the project area.

6.3.2 During the eagle nesting season work shall not be done within 660 feet of an eagle nest that has eagles nesting in it if the work is visible from the nest (line of sight) and/or 330 feet if the work is blocked from view of the nest (non-line of sight). The list of nests being used for nesting by eagles and their location will be provided by the COR.

6.3.3 During the migratory bird nesting timeframes, maintain a minimum spray distance of 15-feet from any nest in which ground nesting or tree/shrub nesting birds are nesting.

6.3.4 If a yellow-billed cuckoo nest is discovered in the work area, a 1,300 foot no work buffer will be set up around nest, until the COR notifies the Contractor that work can continue.

6.3.5 Bear Activity

Should a bear approach 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.

6.3.6 Wolf Activity

Should a wolf approach 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 pesticides, fuels, oils, bitumens, calcium chlorides, acid, or other harmful materials.

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

6.5 Disposal

Discarding of any materials, pesticides, 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: The Contractor’s On-Site Supervisor 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.

d. The contractor is required to use a color tracer with all spray applications.

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 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

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013 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, wetlands, 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 travels 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 is inaccessible, all concentrated or mixed chemicals shall be transported within floating secondary containment vessels of 125% capacity of the liquid.

6.7 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 Accident Prevention Plan

Prior to commencement of work at the site, the Contractor shall submit an Accident Prevention Plan (APP) for the Contracting Officer’s review and acceptance. Requirements and guidelines for preparation of accident prevention plans are specified in EM 385-1-1 the US Army Corps of Engineers Safety and Occupational Health Manual. Use ENG FORM 6293, The Accident Prevention Plan (APP) Worksheet shall also be submitted with the Plan.

Disregarding the provisions of this contract or the accepted APP is cause for stopping of work, at the discretion of the Contracting Officer, until the matter has been rectified. Continuously review and amend the APP, as necessary, throughout the life of the contract. Changes to the accepted APP must be made with the knowledge and concurrence of the Contracting Officer, Supervisor, and SSHO. Incorporate unusual or high-hazard activities not identified in the original APP as they are discovered. Should any severe hazard exposure (i.e. imminent danger) become evident, stop work in the area, secure the area, and develop a plan to remove the exposure and control the hazard. Notify the Contracting Officer within 24 hours of discovery. Eliminate and remove the hazard. In the interim, take all necessary action to restore and maintain safe working conditions in order to safeguard onsite personnel, visitors, the public, and the environment.

7.2 Activity Hazard Analysis

Prior to beginning each major phase of work, an Activity Hazard Analysis shall be prepared by the Contractor in accordance with EM 385-1-1. Use ENG FORM 6206, Activity Hazard Analysis (AHA) to complete the AHA. The Government reserves the right to require the Contractor to revise and resubmit the AHA if it fails to effectively identify the work sequences, specific anticipated hazards, site conditions, equipment, materials, personnel and the control measures to be implemented.

7.3 Subcontractors

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

7.4 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.

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

7.5 Site Safety and Health Officer (SSHO)

Provide a Site Safety and Health Officer (SSHO) that meets the requirements of EM 385-1-1 Chapter 2. The SSHO shall be employed by the Prime Contractor and shall be at the work site at all times to implement and administer the Contractor’s safety program and government-accepted APP. The SSHO must have the required training, experience, and qualifications in accordance with EM 385-1-1 Chapter 2-3.b, and all the associated sub-paragraphs. The SSHO can be assigned as the Supervisor on this project. The SSHO shall have a minimum of 5 years of experience in that role on similar projects. Submit Eng Form 6282 Site Safety and Health Offer (SSHO) Designation Letter to the Contracting Officer.

8 REQUIRED REPORTS

8.1 General

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.

8.2 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.

8.3 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:

https://www.nww.usace.army.mil/Missions/Pest-Management/

Contractor should follow the instructions at the link in the upper right of the webpage titled “NWW IPMP Reporting Tool Instructions 508”, submitting an “anticipated” form prior to the spray application, and then completing and submitting an “actual” form after the completion of the spray application.

8.4 Reports to the State of Wyoming

The Contractor shall report vegetation spraying activity in accordance with all Wyoming State regulations, and furnish to the COR a copy of all such correspondence.

8.5 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, Mishap Notification and Investigation.

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 within 1 working day following the injury or accident.

8.6 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.

https://www.nww.usace.army.mil/Missions/Pest-Management/

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

8.7 Quality Control Report

Attach the quality control report 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 STAGING AND STORAGE AREAS

The Government will not provide any staging and storage areas.

11 CONTRACTOR-FURNISHED ITEMS AND SERVICES

11.1 Items

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

11.2 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

Chlorosulfuron Telar

Triclopyr Renovate3

Metsulfuron-methyl Escort (Not aquatic)

Ally XP (Not aquatic)

Aminopyralid Milestone

Dicamba Dianat, Banvel, Diablo

11.3 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.

11.4 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

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

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. No spraying is allowed near bald eagle nests prior to August 15, per paragraph 6.3 above.

12.2 Woody Vegetation Spraying

12.2.1 There are 33 miles of levees at Jackson Hole to be treated as part of the contract over a five (5) year period.

This creates approximately 174 spray sections of 1000 feet each within the three (3) 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, blanket, 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 three (3) zones, listed and described below and shown on Sheet C-301 of the plans.

Zone 1- Levee crest and riverside slope of levee, from the landside of the levee crest down to water’s edge. The average zone width is 50 feet.

Zone 2- Riverside toe of levee, 6 feet horizontal distance from toe of slope toward the river channel (over levee toe), in dry areas only. The zone average width is 6 feet.

Zone 3- Landside of levee, from levee crest down to toe of the slope. The average zone width is 25 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.

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. For vegetation greater than 6 feet in height that is designated for removal in a contract task order, the contractor will cut the tree within 6 inches of the ground and will treat the stump with pesticide to ensure the stump is dead and no suckers will emerge from the stump. Additionally, the contractor is required to remove and dispose of the cut trees in accordance with paragraph 12.3 DEAD VEGETATION REMOVAL.

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 Acceptable Quality Level (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:

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

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.

Stump spraying Treat stumps with chemical to ensure death of woody tissue.

Per tree 100% of stumps sprayed have no new growth emerging from the stump.

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

12.2.9 Pesticide Tracer Contractor shall use a color tracer on all pesticide applications. This is to aid in the performance of Quality Control/Quality Assurance.

12.3 Dead Vegetation Removal

12.3.1 The Contractor shall remove all dead woody vegetation generated by the work of this contract 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 as well as those individual trees designated for removal in a contract task order, and removal and disposal of the dead vegetation from the levee project in a manner legal with all federal, state, and local regulations.

Note: The Contractor is not required to remove dead sagebrush from the work site.

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 vegetation 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 five 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 blanket, 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 96 feet in width, in 100-foot sections on the dry land of the levee profile (see Sheet C-301 of the plans). No in-water spraying will be performed under this contract. This zone extends on the river side 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.

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

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

f. Common Mullein

g. Black Henbane

h. Houndstongue

i. Saltcedar (tamarix)

j. Perennial Pepperweed

k. Yellow Toadflax

l. Common Tansy

m. Russian Knapweed

n. Field Scabious

o. Sulphur Cinquefoil

p. Oxeye Daisy

q. Hoary Alyssum

r. Bittersweet Nightshade

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%.

Note: The contractor is not required to remove the dead noxious weeds after killing them.

12.4.6 Quality Assurance: After notification from the Contractor that a sprayed area has achieved an AQL of 100%, 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 Publications and References

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 Policies, dated 29 Oct 2010

b. EP 200-2-3 – ―Environmental Compliance Guidance and Procedures, dated 30 Oct 1996.

c. EM 385-1-1 - USACE Safety and Health Requirements Manual

d. Resource Conservation and Recovery Act (RCRA)

e. Wyoming Department of Environmental Quality, current applicable regulations and General Permit for Minor Pesticide Discharges.

f . National Institute of Safety and Occupational Health, current provisions.

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

13.2 Engineer Forms

All Engineer Forms (ENG FORM) referenced are available online at the following location:

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Forms/

NOTE: If Forms produce a "Please Wait" screen, click on the "Download" tab and download the file to your computer. Open the file in Adobe and click the "Enable All Features" tab.

14 DEFICIENCIES

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

If the contractor fails to perform according to the performance standards, the COR will issue a Notification of Contract Deficiency. The Contractor will have three (3) days from the date of the notice of deficiency to explain, in writing, to justify why performance was not satisfactory and how recurrence of the problem will be prevented in the future. The Government may require the Contractor to perform the work again in conformity with the contract requirements at no cost to the Government. Failure to correct recurring deficiencies will be cause for default termination in accordance with FAR 52.249-8, Default (Fixed-Price Supply and Service).

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, Boat Ramp, 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

Gate security is the responsibility of the Contractor. Each work site is protected by one or more gates. To ensure landowner privacy and prevent cattle and other livestock from escaping, the gates shall be kept closed at all times, except when trucks are passing through, unless the contractor has performed prior coordination with affected landowner(s).

15.5 Protection and Restoration of Existing Facilities:

The contractor shall take precautions to prevent damage to existing facilities and lands 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 incidental to and included in the bid schedule prices.

Jackson Hole Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

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 Levees Vegetation Spraying III, 2025-2030 W912EF26QA013

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