Amendment W912WJ25Q0012-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Amendment is necessary to provide a response to a question from industry and to revise the Performance Work Statement.

Question/response # 4 is applicable to this amendment.

Closing remain December 17, 2024 at 2:00 PM Eastern.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 17

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

16C. DATE SIGNED

BY 11-Dec-2024

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912WJ25Q0012

X 9B. DATED (SEE ITEM 11)

25-Nov-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

11-Dec-2024

CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912WJ25Q0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been modified:

REQUEST FOR INFORMATION

QUESTION 1: Have these areas been treated previously?

RESPONSE 1: All areas have been treated previously, however, the timing of the last treatments may vary from one to several years ago.

QUESTION 2: What was the previous contract awarded amount and who was the incumbent? How many acres were included in previous award(s)?

RESPONSE 2: A previous contract was awarded to Restart, Inc in the amount of $30,979.85; however, interested vendors are advised that scope may significantly differ and no information is provided concerning the areas included in the previous contract or the acres included.

QUESTION 3: The timing of the application will greatly affect the end result. With the application window being from 01 May to 15 August, is the expectation for the Contractor to provide two application treatments early in the window since regrowth and new growth will likely occur so early in the season, or is the expectation for the Contractor to provide one treatment application towards the later end of the window to reduce the likelihood of regrowth and new growth?

RESPONSE 3: The timing of the treatment and number of applications shall be determined by the Contractor, as long as the treatment is within the application window of 01 May and 15 August. As stated in Part 4.3.viii. of the Performance Work Statement, Forty-five (45) calendar days after completion of the herbicide application, the Technical Point of Contact shall inspect the treated areas. If the herbicide application has less than a 90% kill rate, then the Contractor will be required to retreat the deficient areas with 30 days, at no additional expense to the Government. Outside of these requirements, the Contractor is only required to treat the areas with one application.

QUESTION 4: The Performance Work Statement is unclear as to whether a hose bib/spigot is available for Contractor use for mixing chemicals. Will the Government provide access to water for mixing?

RESPONSE 4: Yes, per the Performance Work Statement, II Technical Requirements, Part 3, Materials and Supplies, indicates that the Government will provide keys for access to service areas and access to a water spigot. The Performance Work Statement will be revised to correct the Government

Resources section. The Government will provide access to non-potable water for mixing chemicals, however, will not provide access to potable water for drinking.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

CHEMICAL VEGETATION CONTROL SERVICES

U.S. ARMY CORPS OF ENGINEERS

HOPKINTON EVERETT LAKES DAMS, CANAL, WEIRS, AND DIKES

HOPKINTON/WEARE/DUNBARTON, NEW HAMPSHIRE

PERFORMANCE WORK STATEMENT

REVISED

I. General:

1. Scope – Furnish all labor, materials, transportation, permits, and equipment necessary to perform chemical vegetation control services at fifteen (15) locations within three towns around the Hopkinton Everett Lakes Project, totaling approximately 78.43 acres. The herbicide treatment shall be applied to all vegetation, including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses, on the rip-rap stone around the Hopkinton and Everett Dams, Canal, Weirs, and Dikes and to the vegetative growth in the Hopkinton Dam Spillway and areas of Elm Brook Park.

The areas to be treated include, but are not limited to, rip-rap stone slope embankments, rock interfaces, roadway edges, concrete structures, inlets, dikes, and spillways around the Hopkinton and Everett Dams as well as wooded areas. All work shall be completed in accordance with the following Performance Work Statement.

NOTE: This work requires the following submittals prior to commencement of work (Refer to Section II. Technical Requirements for a full list of submittals):

ENG Form 6293 (Accident Prevention Plan Worksheet) Activity Hazard Analysis; non-mandatory template available: ENG Form 6206

(Activity Hazard Analysis) ENG Form 6282 (Site Safety and Health Officer Designation Letter) First-Aid and CPR Personnel requirements Permits: Completed, approved pesticide application permit package from the State of New Hampshire.

State of New Hampshire Authorized Commercial Applicator license(s).

Schedule of work.

Safety Data Sheets.

All Certifications and Licenses as determined by the Performance Work Statement.

2. Location(s) – The Hopkinton Lake Project Office is located at 2097 Maple Street, Hopkinton, New Hampshire.

The Everett Dam is located at 395 Clough Park Road, Weare, New Hampshire.

Work sites are located within the Hopkinton Everett Lakes Project in the towns of Hopkinton, Weare, and Dunbarton, New Hampshire.

3. Site Visit – Contact the Technical Point of Contact (TPOC) to arrange a site visit. The TPOC for the project is Natural Resource Specialist, Daniel Orlando (603-782-1196, Daniel.N.Orlando@usace.army.mil).

4. Schedule – The period of performance shall be from the Contract Award date to 31 October 2025. The initial treatment shall be completed between 01 May and 15 August 2025. Work shall be performed Monday through Friday 7:00 AM to 3:30 PM unless otherwise approved by the TPOC. No work shall be done on weekends or Government holidays. The Pre-Work Conference shall be completed within 14 days of Contract Award.

All pre-work submittals shall be submitted within 21 days of State of New Hampshire Pesticide Application Permit approval*. The Government reserves up to 21 days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall be resubmitted to the Government in an acceptable form within 14 days of the Government’s response, unless additional time is granted by the Government in writing. No field work may proceed prior to the acceptance of pre-work submittals.

*NOTE: The Contractor must submit the State of New Hampshire Pesticide Application Permit to the State of New Hampshire to allow enough time for review and approval, and to allow the Contractor to fully submit all submittals required (including the approved permit) to complete the initial treatment by August 15th, 2025.

5. Safety Requirements

a. General:

All work shall be conducted in accordance with the U.S. Army Corps of Engineers (USACE) Safety and Occupational Health Requirements (EM 385-1-1, most recent edition), and all applicable Occupational Safety and Health Administration (OSHA), federal, state, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at the following link:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf

Project staff reserve the right to cease work at any time should the safety of employees, Contractors, and/or the public become jeopardized.

b. Accident Prevention Plan (APP):

The Contractor shall prepare a site-specific Accident Prevention Plan. The APP must be written by a Competent Person (CP) and document the specific work processes, equipment, materials to be used, hazards and applicable control measures.

The mandatory ENG Form 6293 (Accident Prevention Plan Worksheet) must be submitted and accepted prior to beginning on site work:

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_Aug%202024%20 -%20FINAL.pdf

A preparatory meeting shall be conducted by the prime contractor to discuss the APP contents with all effected onsite employees. The Prime Contractor is responsible for informing the subcontractors of the safety provisions under the terms of the contract, the penalties for noncompliance, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

Daily safety meetings shall be held and documented. Records shall be available to the TPOC upon request.

c. Activity Hazard Analysis (AHA):

An AHA shall be submitted and accepted for each definable feature of work (DFOW) in accordance with EM 385-1-1, Chapter 2-6. A DFOW is defined as any task, which is separate and distinct from other tasks, has separate control requirements, or is identified as different trades or disciplines. The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.

For a non-mandatory formatted outline of an AHA, see ENG Form 6206 (Activity Hazard Analysis):

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_Sep%202024%20- %20FINAL.pdf

d. Site Safety and Health Officer (SSHO) Requirements:

The Contractor shall employ a minimum of one person to function as a Level 3, SSHO. A Level 3 SSHO is a designated Qualified Person (QP) or Competent Person (CP) with Safety and Occupational Health (SOH) responsibility that meets the requirements of EM 385-1-1, Chapter 2-3.b and 2-4.b.

Level 3 SSHOs must have training, knowledge, and/or experience identifying hazards and implementing controls for the work being performed.

The SSHO shall be present at the project site and be responsible for overseeing the implementation of the prime contractor’s SOH program. Contractor shall designate all SSHOs on a mandatory ENG Form 6282 (Site Safety and Health Officer Designation Letter):

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6282_Site%20Safety%2 0&%20Health%20Officer%20(SSHO)%20Designation%20Letter_2024%2009%2013%2 0-%20Final.pdf

e. First-Aid and CPR Personnel Requirements:

For shifts with multiple employees, provide at least two employees that are certified to administer First Aid and CPR. When employees work alone, they must be certified in First Aid and be provided an effective means of communication to call for assistance in the event of an emergency. Minimum First Aid and CPR qualifications are outlined in EM 385-1-1, Chapter 3-3.

f. Additional Personnel Requirements:

Other Competent or Qualified Persons may be required per EM 385-1-1 and/or other sections of this Performance Work Statement, based on the definable features of work for this project.

g. Accident Reporting:

All accidents and near misses shall be investigated by the Contractor and reported to the TPOC in accordance with EM 385-1-1, Table 2-1.

The mandatory ENG Form 3394 shall be completed and submitted to the TPOC within seven (7) days of an incident:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Fo rm_3394_2021Aug.pdf

h. Employee Exposure Data:

The Contractor shall electronically report total employee work hours (including subcontractors) to the TPOC by close of business on the 10th calendar day of the following month.

6. Flooding – Hopkinton Everett Lakes is primarily a Flood Risk Management Project.

Occasional retention of floodwaters may inundate portions of the dam property or access roads in the areas covered by this contract. The TPOC will notify the Contractor as areas are closed as a result of floodwaters. When flooding ends and waters recede, the TPOC will notify the Contractor as areas reopen and services may resume.

7. Pre-Work Conference – Prior to the start of any work, the TPOC will schedule and conduct a “Pre-Work Conference”. The Contractor’s Project Manager and Quality Control Personnel shall be physically present at this meeting. The Contractor shall directly oversee all work on the project and the Project Manager and Quality Control Personnel shall have the authority to act on behalf of the Contractor. This conference will be held at the time and location agreeable to the Government and contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the TPOC to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of contract work or obtain other pertinent information that might be required.

At the Pre-Work Conference the contractor shall provide the name of the Project Superintendent with a telephone number for project coordination.

The following is a general list of items for discussion during this Pre-Work Conference:

i. Authority of the Technical Point of Contact and Quality Assurance Inspectors.

ii. Contractor’s Safety Program (including sub-contractors).

iii. Accident Prevention Plan and Activity Hazard Analysis

iv. Safety Meetings (Documented on NED Form 251)

v. Accident Reporting (ENG Form 3394)

vi. Safety Data Sheet (SDS) requirements

vii. Contractor’s Equipment

viii. Correspondence, Communication, Security and Administrative Procedures.

ix. Invoice and payment.

8. Permits – The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor shall comply with any applicable federal, state, county, and municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

9. Security – The Contractor will comply with all established security policies at the Hopkinton Everett Lakes Project. Due to periods of heightened security that may affect the access to the areas covered under this contract, the Government reserves the right to close any property or portion of property and reschedule and/or cancel any subsequent service. The Contractor shall be given at least 24-hour notice of any such closure.

10. Payment – The Contractor shall furnish the TPOC with one invoice after all work has been completed. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, labor hours, and total amount due per line item. The invoice must also include the company letterhead, and this must match the data that is registered in the System for Award Management (SAM) registry. Payment shall be made monthly for the actual services performed at the applicable contract unit price.

NOTE: Final Payment may be held until the Contractor has returned any and all issued keys/cards to the TPOC at the completion of work. Any and all keys/cards are required to be physically handed to the TPOC, or if mailed, the Contractor assumes all responsibility for loss (which may include the cost of rekeying the applicable project).

All invoices may be mailed to:

U.S. Army Corps of Engineers Hopkinton Everett Lakes

Attn: Daniel Orlando 2097 Maple Street Hopkinton, New Hampshire 03229

Or emailed to: Daniel.N.Orlando@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all equipment, materials, labor, permits, and transportation necessary to perform chemical vegetation control services at fifteen (15) locations around the Hopkinton Everett Lakes Project, totaling approximately 78.43 acres. This work shall be performed on the rip-rap stone on the Hopkinton Dam, Canal #1, Dike H-2, Dike H-3, North Weir, South Weir, Dike P-1, Dike P-2, and the Everett Dam and on the vegetative growth in the Hopkinton Dam Spillway and Elm Brook Park to remove undesirable vegetative growth, including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses. Services include chemically treating these areas with State approved chemicals using State approved application methods. Contractor’s work and responsibility shall include, but not be limited to, all job planning, programming, scheduling, administration, inspection, personnel, equipment, vehicles, fuel, materials, supplies, supervision, and quality control necessary to perform the various services required herein. Vehicle access is generally available from various service roads granting access to the upper and lower areas along the embankments.

PLEASE NOTE: The entire treatment area(s) is not drivable. Some areas may still need to be walked after driving to them.

2. Submittals – Although the Government reviews submissions required by this Performance

Work Statement, it is emphasized that the Contractor’s work must be completed using proper internal controls and review procedures. The Government reserves up to 21 days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall resubmit to the Government in an acceptable form within 14 days of the Government’s response, unless additional time is granted by the Government in writing.

The documents identified below must be prepared in accordance with the applicable standards, submitted to the TPOC for review and must be accepted by the Government.

a. Pre-work Submittals: Submitted within 21 days of State of New Hampshire Pesticide

Application Permit approval*. Submittals must be accepted prior to the commencement of any field work.

ENG Form 6293 (Accident Prevention Plan Worksheet) Activity Hazard Analysis; non-mandatory template available: ENG Form 6206

(Activity Hazard Analysis) ENG Form 6282 (Site Safety and Health Officer Designation Letter) First-Aid and CPR Personnel requirements Permits: Completed, approved pesticide application permit package from the State of New Hampshire.

State of New Hampshire Authorized Commercial Applicator license(s).

Schedule of work.

Safety Data Sheets.

All Certifications and Licenses as determined by the Performance Work Statement.

b. Other Submittals:

Chemical Utilization Report: For all chemicals and/or products used on-site.

*NOTE: The Contractor must submit the State of New Hampshire Pesticide Application Permit to the State of New Hampshire to allow enough time for review and approval, and to allow the Contractor to fully submit all submittals required (including the approved permit) to complete the initial treatment by August 15th, 2025.

3. References – All work shall be in conformance with:

a. U.S. Army Corps of Engineers

i. EM-385-1-1 2024 Safety and Occupational Health Requirements, U.S. Army Engineering Manual.

b. Code of Federal Regulations

i. Title 36 – Parks, Forests, and Public Property; Chapter III, Part 327 – Corps of

Engineers, Department of the Army.

c. Other appropriate federal, state, and local codes.

4. Other Contracts – The Government may undertake or award other contracts for additional work not related to this contract, and the Contractor shall fully cooperate with other contractors and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another contractor or by Government employees.

5. Preferred Sequence for Work Schedules – The Contractor must provide sufficient personnel, equipment, and materials to accomplish the services stated in the contract. The Contractor will coordinate a work schedule for each service and approximate times for beginning and ending each required service listed with the TPOC. Any proposed changes to an approved schedule must be submitted in writing, coordinated, and approved by the TPOC in advance of actual schedule changes.

6. Clean Up and Waste Disposal – The Contractor shall practice good housekeeping to maintain a safe job site. The Contractor shall keep the work area, including any designated storage areas, free from accumulation of waste materials. Upon completing work in an area, the Contractor shall remove any tools, equipment, and materials that are not the property of the Government. Any and all disturbed areas resulting from Contractor activities shall be restored by the Contractor to the satisfaction of the TPOC. All waste material will be disposed of offsite in accordance with all federal, state, and local regulations.

7. Environmental Protection – Containers for excess and/ or waste materials, rubbish, etc.

shall be provided by the Contractor at the site, and the site will be inspected/cleaned on a daily basis when working onsite. Water, air, and land resources shall not be adversely impacted during the course of the work. The Contractor will take necessary steps to ensure all federal, state, and local environmental regulatory requirements are met at no additional cost to the Government. Assurance of compliance with this section by subcontractors shall be the responsibility of the Contractor.

8. Personal Protective Equipment - It is the Contractor’s responsibility to furnish and supply personnel with the proper personal protective equipment necessary for performing the work.

9. Government Resources – The Government shall provide the Contractor with gate keys to access all necessary locations. Non-potable water will be made available to the Contractor through a designated hose bib/spigot at each project office location (Hopkinton Project Office and Everett Project Office). The Contractor shall supply his own means of communication (telephone). There is not a restroom available at the contract sites, and there is no access to potable water at the contract sites. The Contractor would have to provide these resources or have an acceptable alternative plan for these resources.

10. Damage to Government and Private Property – The Contractor shall be responsible for restoring all Government facilities or structures damaged as a result of the Contractor’s operation. The Contractor shall also be responsible for any damage to private property or injury to any person as a result of the Contractor’s operation. The Contractor shall notify the TPOC immediately of damage to Government and private property and injury to any person resulting from the Contractor’s operation. Also, the Contractor shall notify the TPOC of damage to Government facilities due to vandalism or other causes on the day such damage is first noticed. Trucks and/or trailers will be driven on existing roads only and not across or through park areas to facilities. The Contractor shall also restore landscape features (shrubs, flowers, grasses, etc.), which are damaged or destroyed by the Contractor’s operation.

Damaged or destroyed grass areas shall be re-planted as directed by the TPOC, and shrubs and flowers which are damaged or destroyed shall be replaced from nursery stock of like size and kind.

11. Contractor’s Qualifications –

a. Experience:

i. The Contractor shall be able to demonstrate at least 3 years’ experience with chemical herbicide treatments.

b. License and/or Certifications:

i. All work shall be performed by Qualified Personnel.

ii. The Contractor shall have the appropriate current license issued by the State of New Hampshire for the work required and shall obtain and comply with any other necessary licenses or permits prior to beginning any work.

iii. The Contractor shall provide documentation of the appropriate licenses and certifications to the TPOC.

12. Contractor’s Personnel –

a. Minimum Personnel Requirements - The Contractor shall provide an adequate number of fully qualified personnel to perform the specified service properly and efficiently within the time limits specified. The Contractor shall provide a list of the names and contact phone numbers for all employees prior to them working on Government Property.

Note: At least one (1) of the Contractor employees on site shall be able to communicate effectively and efficiently with project staff.

b. Employee Conduct - The Contractor shall be responsible for seeing that the Contractor’s employees strictly comply with Code of Federal Regulations Title 36, Chapter III, Part 327, and all federal, state, and municipal laws. Any personnel activity, which, in the opinion of the Government, is deemed detrimental to the performance of the contract may result in the removal of Contractor employee/ employees.

Examples of unbecoming actions or conduct include but are not limited to the following:

i. Cursing, harassment, or discrimination of and/or unwarranted physical contact with visitors, USACE personnel, or other contractors

ii. Recurring written and/or verbal complaints from visitors, USACE personnel, or other contractors.

iii. Unsafe operation of vehicles while on USACE property.

c. Removal of Contractor’s Employees - The TPOC may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the TPOC, endangers persons or property, or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform assigned work. Notification to the Contractor shall be promptly made in writing if time and circumstances permit. Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor’s obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

13. Quality Assurance – The Contractor is responsible for the quality control of the contract work. The Contractor shall establish and maintain a quality control system to assure compliance with the contract requirements. The Government has the right to inspect and test all items called for by the contract, to the extent practicable at all times and at all places during the term of the contract.

14. Inspections-

a. Contractor Quality Control - The Contractor is responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed by the Contractor’s organization in each separate service is in full compliance with this contract and the instructions, provisions, specifications, drawings, and maps herein.

b. General Inspection - Upon the completion of each service requirement, the Contractor will perform an inspection of all areas under this contract to ensure compliance with the Performance Work Statement. The Contractor or their representative must be able to commit personnel, equipment, and resources to correct deficiencies. A Government representative may accompany the Contractor on an inspection of completed work and will identify any contract deficiencies. Any deficiencies noted will be corrected within original contract time frames or appropriate deductions in payment will be made.

c. Equipment/Supplies Inspections - The TPOC may inspect required equipment and supplies at any time when in use on Government property. Any equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the TPOC. No such removal will reduce the Contractor’s obligation to perform all work required within the time scheduled under this contract.

This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

d. Government Inspections - The Government will monitor the Contractor’s service performance. Any work that does not comply with the requirements and is not corrected by the Contractor may result in deductions in payment.

15. Receiving and Storing Materials –The Contractor is responsible for receiving and unloading of delivered goods. Government employees will not receive materials or supplies for the Contractor and will not be responsible for damage to the Contractor’s equipment or materials.

16. Omissions – This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state, or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable product.

Part 2 Equipment:

1. Condition of Equipment– All equipment used to perform work under this contract must be in good operating and mechanical condition and comply with EM 385-1-1, Army Corps of Engineers Safety and Occupational Health Requirements. A regular schedule of preventive maintenance must be followed on all equipment. All vehicles utilized under this contract will be presentable, serviceable, and shall comply with safety standards.

2. Type(s) of Equipment-

a. The Contractor shall provide the appropriate equipment and tools of the trade to execute the requirements of the Performance Work Statement.

b. Type of equipment for this work may include, but not be limited to:

i. Sprayers, foggers, and augers

ii. Chemical tanks, pumps, and mixing supplies

iii. Vehicles and all-terrain equipment

iv. Other equipment related to chemical vegetation treatment as determined by the service requirements of this Performance Work Statement

NOTE: Transportation and fuel costs to and from the project location shall be included in the quoted amount for each location and service.

NOTE: No heavy equipment or machinery will be allowed to drive across the rip-rap slope of the dams, dikes, canal, or weirs unless approved in writing by the TPOC.

NOTE: The work outlined in this performance work statement may consist of treatment areas that DO NOT allow access for full-sized vehicles and treatment equipment. The treatment areas are typically steep rock armored slopes that may not be accessible by normal vehicles or all-terrain vehicles.

3. Equipment Storage – No Government space or facilities shall be provided under this contract.

Part 3 Materials and Supplies:

1. Provided by Government:

a. Gate keys to access service areas.

b. Access to water spigot

2. Provided by Contractor:

a. All herbicides and/or chemicals for the Chemical Vegetation Control

i. All chemicals are to be applied in accordance with the manufacturer’s recommendations and in accordance with the State requirements. All applications will be in strict compliance with applicable federal and state laws and regulations and any USACE policies in a manner that protects human safety and the environment.

b. The Contractor shall submit one copy of the manufacturer’s Safety Data Sheet for each chemical proposed for use on Government property to the TPOC for acceptance.

c. An official chemical tally sheet shall be provided to the TPOC with actual amounts, chemical(s) used, and areas treated.

Part 4 Service Requirements:

1. General: Furnish all equipment, materials, labor, permits, and transportation necessary to perform chemical vegetation control services at fifteen (15) locations around the Hopkinton Everett Lakes Project, totaling approximately 78.43 acres. This work shall be performed on the rip-rap stone on the Hopkinton Dam, Canal #1, Dike H-2, Dike H-3, North Weir, South Weir, Dike P-1, Dike P-2, and the Everett Dam and on the vegetative growth in the Hopkinton Dam Spillway and Elm Brook Park to remove undesirable vegetative growth, including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses. Services include chemically treating these areas with State approved chemicals using

State approved application methods. Contractor’s work and responsibility shall include, but not be limited to, all job planning, programming, scheduling, administration, inspection, personnel, equipment, vehicles, fuel, materials, supplies, supervision, and quality control necessary to perform the various services required herein. Vehicle access is generally available from various service roads granting access to the upper and lower areas along the embankments.

2. Service Definition:

a. One service is defined as a single completion of all requirements for each task as described in Section 3, Service Tasks below.

b. The Contractor shall only be paid for work fully completed. If a partial service is rendered, payment will be adjusted according to percent of area completed. Partial service is defined as completing anything other than all tasks for designated locations as identified in Part 5, Service Location(s), and Task Requirements.

3. Service Tasks:

a. General Chemical Vegetation Control:

i. A minimum of two (2) days prior to the start of spraying, the Contractor shall post informational flyers at each of the service locations to notify the public of the herbicide spraying. At a minimum, the informational flyer shall state the dates of spraying, type of chemical being sprayed, any potential side effects for humans or animals, and the Contractor’s contact information.

ii. The Contractor must follow all manufacturer’s recommendations and permit requirements.

iii. The Contractor shall chemically treat the specified areas with State approved chemicals using State approved application methods.

iv. While applying chemicals, the Contractor shall take all precautions necessary for the protection of all persons, property, water resources, and natural resources, and will be held liable for any damages resulting from careless application of chemicals.

Water shall not be drawn from the river or stream for mixing the chemical used for application. Instead, the Contractor may use a specified hose bib/spigot at the office locations. The TPOC shall indicate which spigot(s) are available for use.

Excess mixed chemicals shall not be discarded on the property, and at no time shall equipment or materials that have had contact with the chemical be rinsed in a river or stream.

v. All chemicals shall be applied in accordance with the State of New Hampshire’s Rule PES 500 “Restrictions on the Application of Pesticides by Commercial Applicators and Permittees”.

vi. No aerial applications shall be permitted.

vii. Chemicals should not be applied during the following periods unless following the manufacturer’s guidelines and in accordance with the state permit and approval from the TPOC:

Twelve (12) hours before rain is predicted to occur.

During any showers or rainstorms.

During a twelve (12) hour period following a rainstorm.

When wind velocity exceeds five (5) miles per hour.

On Saturdays, Sundays, or Government Holidays.

viii. Forty-five (45) calendar days after completion of the herbicide application, the TPOC shall inspect the treated areas. If the herbicide application has less than a 90% kill rate, then the Contractor will be required to retreat the deficient areas within 30 days, at no additional expense to the Government.

ix. The Contractor shall inform the TPOC when each of the service areas has been treated and considered to be “completed” by the Contractor so the 45 days can begin for that service area.

b. Treatment Area(s) Chemical Vegetation Control:

i. The treatment areas require herbicide treatment to all vegetation within the designated area(s); including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses within the areas marked on the Informational Maps.

ii. Treatment areas for the Hopkinton Project are shown on Informational Maps 1, 1A, 1B, 2, 6, 7, 8, 9 and 10, totaling approximately 51.43 acres.

iii. Treatment areas for the Everett Project are shown on Informational Maps 3, 4 and 5, totaling approximately 27 acres.

c. Chemical Utilization Report:

i. At a minimum, the utilization report shall include the following information:

Hours worked by location Chemicals used by location Amount of each chemical applied by location and acres treated.

Part 5 Service Location(s) and Task Requirements: The service acreage areas included are approximate.

NOTE: The treatment areas are typically steep slopes and / or steep rock armored slopes that may not be accessible by normal full-sized vehicles or all-terrain vehicles. The Contractor shall consult with the TPOC to determine which areas may require alternative equipment to complete the service requirements.

1. ITEM NO. 1 – Treatment Area(s) in Hopkinton, NH

a. Access:

i. The Hopkinton Dam, Hopkinton Lower Garage, Canal #1, and Dike H-2 are located at or can be accessed from 2097 Maple Street, Hopkinton, NH

ii. Dike H-3 and the Hopkinton Dam Spillway are located approximately 3 miles from the Hopkinton Lake Project Office. Dike H-3 and the Lower Spillway areas can be accessed from Cressey Brook Road in Hopkinton. The Spillway Structure (Shown in Informational Map 1B) can be accessed from the end of Emerson Hill Rd in Hopkinton.

Access down into the Hopkinton Dam spillway is limited for full-sized vehicles. Full-sized vehicles can park above the spillway access road, but the access road may be too steep to safely descend and ascend. The use of ATVs or UTVs in the spillway to treat the specified areas is permitted.

Access to the Spillway Structure from the end of Emerson Hill Rd is made by passing through a locked gate in the chain link fence near the dead end of the road. The TPOC will show the Contractor where this gate is located.

iii. The North Weir is located approximately 4 miles from the Hopkinton Lake Project Office on Sugar Hill Road by Drew Lake.

iv. Elm Brook Park is located 1.2 miles from the Hopkinton Project office at the Southeastern side of Dike H2.

b. Site Information: The total service area acreage in Hopkinton, NH is approximately

51.43 acres. The areas are shown on Informational Maps 1, 1A, 1B, 2, 6, 7, 8, 9 and 10.

i. Hopkinton Dam, Hopkinton Lower Garage, Canal#1, and Dike H-2:

Service area for these three structures and one garage area is approximately

32.03 acres.

The Elm Brook Park Well and Elm Brook Park Ranger Station Well are located in close proximity to Dike H-2. Special attention shall be paid to spraying near these areas to prevent the contamination of the public water system. The Elm Brook Park Well is part of the Public Water System # 1197030.

ii. Dike H-3 and the Hopkinton Spillway:

Service area for Dike H-3 is approximately 16.5 acres.

Service area for the Hopkinton Dam Spillway is approximately 2 acres.

iii. North Weir:

Service area for the North Weir is approximately 0.5 acres.

iv. Elm Brook Park:

Service area for Elm Brook Park is approximately 0.40 acres as listed below:

Beach Parking Barricades. Service area is approximately 0.04 acres.

Overflow Parking. Service area is approximately 0.10 acres.

Radio Control Aviation Field parking. Service area is approximately 0.20 acres.

Upper Restroom sidewalk and pad. Service area is approximately 0.06 acres.

c. Required Tasks:

i. General Chemical Vegetation Control

ii. Treatment Area(s) Chemical Vegetation Control

2. ITEM NO. 2 – Treatment Area(s) in Weare, NH

i. Everett Dam is located at 395 Clough Park Road, Weare, NH.

ii. The South Weir is located approximately 5 miles north of the Everett Dam off Concord Stage Road.

Access to South Weir is from either Fox Hollow Dr. or Bassett Mill Rd.

b. Site Information: The total service area acreage in Weare, NH is approximately 12 acres. The areas are shown on Informational Maps 3 and 4.

i. Everett Dam:

Service area is approximately 11.75 acres.

ii. South Weir:

Service area is approximately 0.25 acres.

c. Required Tasks:

3. ITEM NO. 3 – Treatment Area(s) in Dunbarton, NH

i. Dike P-2 is located on Concord Stage Road in Dunbarton, NH.

ii. Dike P-1 is located off Winslow Road in Dunbarton, NH.

b. Site Information: The total service area acreage in Dunbarton, NH is approximately 15 acres. The areas are shown on Informational Map 5.

i. Dike P-2:

Service area is approximately 5 acres.

ii. Dike P-1:

Service area is approximately 10 acres.

c. Required Tasks:

4. ITEM NO. 4 – Chemical Utilization Report

a. Required Tasks:

i. The chemical utilization report shall be submitted for all areas that received treatment (ITEM NO.’s 1, 2 and 3) to the Hopkinton Lake Project Office, 2097 Maple Street, Hopkinton, New Hampshire, or emailed to the TPOC.

(End of Summary of Changes)