LEMHI CWMA LEAFY SPURGE HERBICIDE TREATMENT PERFORMANCE BASED SERVICE CONTRACT

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1 PART I CONTRACT SPECIFICATIONS 1.1 GENERAL OVERVIEW Scope of Contract This contract is entered into for the purpose of the Lemhi Cooperative Weed Management Area (Lemhi CWMA) acquiring and the Contractor providing professional services for herbicide application and data collection on infestations of Leafy spurge in Lemhi County, Idaho. Specifically on private lands within the Carmen Creek drainage. The intent of the herbicide application is to eliminate annual seed production and overall biomass, cover and vigor of Leafy spurge infestations. The intent of the data collection is to assist the Lemhi CWMA in maintaining an accurate, up-todate noxious weed inventory database. The contractor shall provide any and all labor, supervision, transportation, equipment, supplies (with the exception of herbicides and adjuvants), services, permits and licenses necessary to locate, apply herbicides to and inventory Leafy spurge and other weed infestation in the treatment areas identified in Exhibit 1. Refer to Exhibits 1 and 2 for a map and list of inventoried Leafy spurge infestations. Table 1.1 displays the total acreage of the treatment area, the number of inventoried Leafy spurge infestations and acreage of these infestations. Table 1.1 Treatment Area Total Acreage of Treatment Area 1 No. of Inventoried Leafy spurge Infestations in Treatment Area Acreage of Inventoried Leafy spurge Infestations in Treatment Area Carmen Creek TA 200 acres acres TOTALS 200 Acres 54 Infestations acres The contractor shall be required to accomplish the following primary tasks: [1] apply Aminopyralid or Picloram (or other herbicides as required by the Technical Representative(s) (TR) responsible for contract administration) to all of these inventoried infestations of Leafy spurge (Exhibits 1 and 2), [2] record herbicide applications on the specified treatment record (Exhibit 3), [3] GPS and collect inventory data on existing and new or previously unknown Leafy spurge infestations. In addition, other high priority noxious weeds, specifically common crupina, dyer s woad, Mediterranean sage, scotch thistle and yellow starthistle, are not

2 currently known to occur in the contract area, but may occur in small, as yet undetected infestations. Should an infestation of any one of these specified species be encountered in the treatment unit, the Contractor shall inventory and GPS the infestation and shall notify the primary Technical Representative within one week of finding the infestation(s). This statement of work consists of completing the tasks/subtasks in Part I, Section 1 through the Quality Assurance Requirements of 1.6. Services under the resulting contract shall be performed in compliance with the terms, conditions, and specifications contained herein Contract Type This is a firm, fixed price contract performed on a per acre basis. To the extent directly applicable to Contractor, regarding reimbursement for services under this Agreement, the Contractor is subject to the results of U. S. and state government audits and adjustments to Lemhi CWMA s reimbursements under its grants and agreements partnerships. The Lemhi CWMA may request additional Contractor resources, but the Contractor shall only perform such services through a written and signed modification to this Contract. The Contractor will not be paid for work performed by the Contractor outside the scope and specifications of the contract in the absence of written agreement modifying the Contract Period of Performance Services covered in this solicitation and resultant contract may begin by June 20, 2016 and end no later than October 31, This work period may be adjusted if weather or environmental conditions or plant phenology require a change. Working on weekends and holidays is acceptable, given advance approval from the Technical Representative (TR) administering the contract Progression and Order of Treatment The contractor, as approved by the TR(s), will determine the order and progression of herbicide application within a treatment area. Exhibit 1 displays a map of the inventoried Leafy spurge infestations while Exhibit 2 displays the list of Leafy spurge infestations by site identification number and acreage. The Lemhi CWMA TR(s) shall, in coordination with the Contractor, determine the timing, priority, order and progression of work. Progression and order of work may vary depending on weather conditions, plant phenology and biological control agent life cycle stages. The Lemhi CWMA reserves the right to determine the type and timing of herbicide application and the order of herbicide application among Leafy spurge infestations. 2

3 The Contractor shall maintain regular communications via telephone or to notify the TR(s) of weekly activities. The TR(s) may increase the frequency of communications, if deemed necessary, for proper execution and administration of the contract. The TR(s) shall be responsible for coordinating with the Lemhi County Weed Superintendent to contact private land owners for the purposes of ingress/egress within the contract area. The Lemhi CWMA, as represented by the TR(s), reserves the right to suspend work and/or designate different work sites in or near the treatment should it become necessary (e.g. new populations of sensitive, threatened or endangered plant or animal species discovered within the contract area/work sites that require protective measures that preclude herbicide application or work sites become inaccessible due to wildfire or mass erosion events due to high intensity storms, etc.). Only areas of comparable size, terrain, and accessibility will be considered for potential alterations Herbicide and Application Rates The Lemhi CWMA will supply the herbicides (primarily Aminopyralid and Picloram, but possibly also including other herbicides, such as Imazapic or 2,4-D) and adjuvants (specifically indicator dye and surfactant). The contractor shall apply the primary herbicide Aminopyralid at the rate of 7 ounces per acres and Picloram at the rate of 32 ounces per acre. Indicator dye shall be used at a rate that remains visible one week after the herbicide application to allow the TR(s) to conduct inspections (typically ounces per acre). The contractor will recommend the surfactant rate to be used, however, the TR(s) may, at his/her discretion, require that a particular rate be used. If other herbicides or tank mixes are to be used, the TR(s) will provide the rates and mixes to be used to the Contractor one week in advance. 1.2 DEFINITIONS For the purposes of this statement of work and resultant contract, the following applies: Contracting Agent The Contracting Agent is Lemhi County working in cooperation with the Salmon-Challis National Forest and Salmon Field Office BLM under the auspices of the Lemhi Cooperative Weed Management Area, its strategic plan and the cooperative agreement between Lemhi County and funding sources that authorize the expenditure of funds. Datum The primary datum to be used is North American Datum 1983, Universal Transverse Mercator, Zone 11N. Geographic Information System (GIS) software the Forest Service utilizes ESRI ArcGIS software, including ArcMap and ArcPad. At a minimum, 3

4 Contractors need access to ESRI software to meet requirements specifying delivery of digital products such as shapefiles. Global Positioning System (GPS) Equipment Commercial grade Trimble GPS receivers/portable data recorders capable of receiving and transmitting data dictionaries, Pocket Excel, ESRI ArcPad software, digital raster graphics and other GIS files for use in recording spatial and tabular data of treated infestations. Noxious Weed - Any invasive plant species having the potential to cause injury to public health, crops, livestock, land, or other property and recognized as noxious by federal, state or county governments. Noxious Weed Infestation A discrete area infested with rush skeletonweed and delineated by a point or a polygon. The number of weed plants in an infestation may be as low as a single plant to many thousands of plants. The area comprising the infestation may be as small as 1/1000 of an acre to more than 100 acres if the weed species distribution is continuous. Weed plant cover may vary from less than one percent of the plant community in the infested area to a percentage in which the noxious weed is dominant in the plant community (e.g. 75% cover). Noxious Weed Inventory Walking a grid system throughout the entire delineated treatment polygons within each of the two treatment areas in search of rush skeletonweed and other specified weed species infestations. Once located, the outer perimeter of noxious weed infestations shall be mapped by taking GPS readings around the perimeter of each infestation (or a single GPS point in the case of an infestation 0.01 acre in size or less), recording required data in the specified format for each infestation and converting these data to ESRI supported shapefiles and database files. Plant Phenology This phrase refers to any of the number of plant growth and life cycle stages, from germination to seed production to senescence. Herbicide application shall be timed to coincide with those stages of plant growth in which the target species is most susceptible to the effects of herbicide. The TR(s) may stop work during the time when the phenological stage of the target species precludes susceptibility to the mode of action of the herbicide required for use. Re-measurement Re-mapping an existing noxious weed infestation with a GPS receiver and collecting attribute data per the requirements of Exhibits 4A and 4B when the infestation has changed in size and extent and/or canopy cover since the last measurement. Technical Representative (TR) That person or those persons authorized by the Lemhi CWMA under authority from Lemhi County and the BLM to administer the work specifications, terms and conditions of this statement of work and contract. 4

5 Treatment Areas Consists of geographically and topographically defined areas of treatment, for which site conditions are described under Section 1.4 and displayed in the map in Exhibit FURNISHED PROPERTY Equipment, material and supplies provided by the Lemhi CWMA and/or the Forest Service or BLM are to be used only in the execution of tasks specified in this contract and may not be employed for personal or other use. Upon delivery of Lemhi CWMA and/or Forest Service or BLM-furnished property to the Contractor, the Contractor assumes the risk and responsibility for its loss or damage, except- (1) For reasonable wear and tear; (2) To the extent property is consumed in performing this contract; or (3) As otherwise provided for by the provisions of this contract. Upon completion of this contract, the Contractor shall follow the instructions of the TR(s) regarding the return and/or disposition of all Lemhi CWMA and/or Forest Service or BLM-furnished property. Final payment shall be withheld until this requirement is met (refer to Part II, Section Measurement and Payment) Lemhi CWMA Furnished Property Lemhi CWMA Furnished Property, Quantity Data, Etc. Map of inventoried rush skeletonweed One infestations (Exhibit 1).kml format map with treatment areas, One motorized routes, treatment polygons and inventoried weed infestations List of Leafy spurge Infestations to be One treated (Exhibit 2) Master Copy of LCWMA Herbicide One Application Treatment Record (Exhibit 3) Shapefiles of Inventoried Leafy spurge Infestations, Treatment Polygons and One Each Motorized Routes for navigation purposes Lemhi CWMA Inventory data dictionary for Inventory of Un-inventoried Leafy One spurge Infestations or Priority Weed Species Herbicide and Adjuvants (Indicator Dye and Surfactant) As Needed Where, When, How to be Furnished to Contractor Available (8.5 x 11 hardcopy) with this solicitation. Available on request Included in solicitation & provided at Pre-work Meeting Included in solicitation & provided at Pre-work Meeting Provided electronically at prework meeting Included in solicitation and provided electronically at prework meeting Initial Allotment provided at pre-work meeting and thereafter as needed when secondary is notified one week in advance. 5

6 1.3.2 Contractor Furnished Critical Items/Services Item # Quantity Description 1 As needed All equipment & labor to control noxious weeds per solicitation, including transportation, operational spill incident kits, decontamination kits (must comply with current federal Worker Protection Standards for Agricultural Herbicides) and personal protective equipment for each worker per herbicide label direction. 2 1/crew Shovel, bucket, fire extinguisher 3 1 Communications Device recommended, but not required Satellite Telephone is Recommended 4 1 First Aid Kit adequate for size of crew 5 As Deliverable Products as specified in 1.4.2, including hard copy Specified and electronic records 1.4 PERFORMANCE WORK STATEMENT TASKS/CRITICAL SUBTASKS As defined by this statement of work, the Contractor shall: (a) Apply herbicides and adjuvants at the required rates to Leafy spurge infestations in all specified treatment polygons as depicted on map in Exhibit 1, managing coverage and application to achieve treatment of at least 95% of the Leafy spurge infestations in each treatment polygon and achieving 100% compliance with herbicide application reporting requirements (see Exhibit 3). (b) Achieve above ground mortality of at least 95% of individual Leafy spurge plants from infestations within each treatment polygon. (c) Re-measure existing Leafy spurge infestations that have increased or decreased by 10 percent or more since the previous inventory. Inventory new or previously unknown Leafy spurge infestations per the requirements of Exhibits 4A and 4B. If the infestation is a point infestation of 0.01 acre or less (i.e. a radius of <11.35 feet), a single point will suffice. If the infestation is larger than 0.01 acre (i.e. a radius greater than feet), then GPS points must be taken around the perimeter of the infestation to delineate a polygon (see instructions in Exhibit 4A). Required attribute data shall be collected with 100% compliance with the requirements of Exhibits 4A and 4B. There are ten required attribute fields, including Date, Examiner, Ownership, Site Location Name, Weed Species, Plant Phenology, Cover Class Distribution, Percent Cover Class Code, Dominant Life Form and Other Weeds Present. There are two optional attribute features: distance to nearest water source and a Comments field. Information helpful in managing weed infestations at the site is requested and appreciated. 6

7 (d) GPS and collect inventory data on infestations of other priority weed species (common crupina, dyer s woad, Mediterranean sage, scotch thistle and yellow starthistle) per the requirements of Exhibits 4A and 4B. If the infestation is a point infestation of 0.01 acre or less (i.e. a radius of <11.35 feet), a single point will suffice. If the infestation is larger than 0.01 acre (i.e. a radius greater than feet), then GPS points must be taken around the perimeter of the infestation to delineate a polygon (see instructions in Exhibit 4A). Required attribute data shall be collected with 100% compliance with the requirements of Exhibits 4A and 4B. There are ten required attribute fields, including Date, Examiner, Ownership, Site Location Name, Weed Species, Plant Phenology, Cover Class Distribution, Percent Cover Class Code, Dominant Life Form and Other Weeds Present. There are two optional attribute features: distance to nearest water source and a Comments field. Information helpful in managing weed infestations at the site is requested and appreciated. Invoice(s) for full or partial payment will not be accepted until (1) accomplished herbicide application and inventory services have passed inspection by the TR(s) and (2) herbicide application, re-measurement, inventory and recordkeeping tasks have been inspected by the TR(s) and accepted as having met contract minimum standards Specified Deliverable Products (a) The Contractor shall provide, on at least a bimonthly basis, herbicide application treatment records and maps of infestations sprayed, re-measured and/or inventoried to the TR(s). Maps shall delineate areas sprayed and shall be attached to the appropriate herbicide application treatment record (see Exhibit 3). (b) The Contractor shall provide, on at least a bimonthly basis, ESRI shapefiles of re-measured and newly inventoried infestations of Leafy spurge. (c) The Contractor shall provide, on at least a bimonthly basis, ESRI shapefiles of inventoried infestations of other specified weed species (common crupina, dyer s woad, Mediterranean sage, rush skeletonweed, scotch thistle and yellow starthistle). (d) The Lemhi CWMA requests electronic copies of photographs, field notes or other documentation to assist with management of weed infestations. Note that invoice(s) for full or partial payment will not be accepted until deliverable products have been delivered to and accepted as accurate and complete by the TR(s) in accordance with contract specifications Contract Area Location 7

8 The contract area consists of 1 treatment area located primarily in the Carmen Creek drainage. The infestations are widely dispersed, ranging from the intersection of Carmen Creek and the Salmon River to Carmen Creek and Freeman Creek headwaters (refer to Exhibit 1) Treatment Areas Environmental Conditions Terrain and Environmental Conditions - The treatment area consists of variable terrain, ranging from flats to gently rolling hills or ridges to steep, open slopes. Plant communities include native and non-native grasslands and sagebrush shrub lands. Water is very limited. Daytime temperatures during the late spring and summer months may reach 90 degrees F or higher. Natural hazards include temperature extremes, steep or unstable terrain, lightening, wild carnivores (bears, coyotes, mountain lions, wolves, etc.), rattlesnakes, etc. Motorized Access - Work will occur primarily in upland plant communities. Treatment polygons will be accessed by a combination of two-track roads, ATV trails and non-motorized, cross-country foot travel. ATV s are generally allowed where roads and motorized trails exist. Designated routes will be identified to the Contractor by the TR(s) at the pre-work meeting. Motor vehicles may not deviate from these designated routes without prior written approval from the TR(s). Impacts such as repeated travel over the same route in non-roaded areas must be kept to a minimum. ATV use will be restricted to existing roads and trails on Forest Service and BLM managed lands. Water Availability - There is little or no water available at or near most treatment polygons. Spring development is prohibited and the volume of water available from the springs, if any, would be extremely small. Water for spraying at most treatment sites will have to be hauled in via ATV, pack stock or on foot. Weed Inventory and Past Treatment Detection, inventory and mapping of the identified Leafy spurge infestations occurred between 2002 and The majority of inventory (61%) was conducted within the past three years and is considered current information. The other 39% was conducted between 2002 and 2007, so the information for these infestations is considered outdated. New infestations may have established since the older inventory or some infestations may have been missed by the recent inventory. Therefore, the contractor must map with GPS receivers and collect inventory data on new infestations of Leafy spurge or requested new invaders encountered within the treatment areas and report these to the TR(s). Spatial and site attributes of new infestations are explained in Exhibits 4A and 4B. All of the inventoried Leafy spurge infestations have been treated with herbicides, but control efforts may not be apparent since funding levels preclude annual treatment. Average Leafy spurge cover and density in each infestation is estimated at 10% or less, although cover values will vary among infestations and cover at some treatment areas may be considerably higher. Some infestations 8

9 may be eradicated and will require careful gridding to confirm eradication and to detect satellite infestations that may have established recently. 1.5 TECHNICAL SPECIFICATIONS Licensing Requirements Prospective contractors must be a licensed Professional Applicator with the State of Idaho and certified for application of herbicides in agricultural and rangeland sites. Information on licensing requirements may be obtained from the Idaho Department of Agriculture, Division of Agricultural Technology, 2270 Old Penitentiary Road, PO Box 790. Boise, Idaho, Telephone (208) Prospective contractors must provide their applicator's license number and expiration date in order for the bid to be valid. Invalid bids will NOT be considered for contract award. The Lemhi CWMA will check with the Idaho State Department of Agriculture to confirm that prospective contractors are possessed of a current applicator s licenses and appropriate categories. Prospective Contractors will be evaluated on past performance and references are required Proof of Workman s Compensation and Liability Insurance Prospective contractors must provide proof of workman s compensation and liability insurance as required by the Idaho State Department of Agriculture in order for the bid to be valid. Invalid bids will NOT be considered for contract award. Acceptable forms of proof include a letter from the prospective contractor s insurance agent stating that the contractor is currently provided coverage or insurance forms showing coverage and dates of coverage for both workman s compensation and liability insurance Equipment Requirements (a) Equipment proposed by the prospective Contractor (ATV s, pack stock, backpack pumps, etc.) to complete a job must be specified and described in the technical proposal. (b) GPS units must be approved as suitable by the TR(s) at the pre-work meeting. The GPS units used by the Contractor must be capable of using ESRI shapefiles or converting data to ESRI shapefiles. Only ESRI shapefiles will be accepted as a deliverable product. Execution of the contract may not begin until the Contractor is equipped with approved GPS units. (c) Equipment must be suited to the job for which proposals are solicited. Proposals that specify equipment not suited to the job will not be considered valid and will not be considered for contract award. (d) Equipment (including (a) motor vehicles and trailers, such as pickups, ATV's, horse trailers, etc. and (b) domestic animals such as pack and saddle stock, etc.) to be used in the execution of the contract specifications must be cleaned thoroughly by the Contractor to remove all mud, debris and vegetative matter since it may contain noxious weed seeds or propagules. The equipment will then be inspected 9

10 by the TR prior to mobilization into the contract area. Equipment that does not pass the inspection will not be permitted to move into the contract area until it has passed inspection. This measure helps to prevent the introduction of new noxious weed or other invasive plant species. Contractors are encouraged to clean equipment prior to demobilizing to reduce transmission of weed seeds or other reproductive parts to other areas Spraying Regulations Spraying is prohibited when wind speeds and/or temperatures exceed label requirements for the herbicides being applied or when sustained wind conditions exceed a velocity of 10 miles/hour, as required by the Idaho Department of Agriculture. Herbicide applications, storage, containment and transport of herbicides and adjuvants, cleaning of spray equipment, and disposal of herbicide containers shall be conducted in accordance with State and Federal laws. The Contractor shall comply with any requirements of the manufacturer of the herbicide being applied Herbicides, Adjuvants and Spray Rates The primary herbicides required for use are Aminopyralid (Milestone) at a rate of 7 ounces per acre or Picloram (Tordon 22K or generic equivalent) at a rate of 32 ounces per acre. The use of other herbicides may be required depending on plant phenology or season of application, including Imazapic and 2,4-D products. Herbicides and adjuvants will be provided by the Lemhi CWMA. The TR(s) may at any time adjust the herbicide or rate used or require tank mixes depending on plant phenology and season of application, if conditions warrant a change. The Contractor shall use adjuvants, such as surfactants, where appropriate and as directed by the label. The use of indicator dye is required in concentrations sufficient for TR(s) to conduct coverage inspections up to seven days posttreatment Operational Spill Incident Requirements The Contractor shall comply with state and federal requirements for response to a operational spill incident, including spill kit contents, notification, containment and cleanup of operational spills of herbicides. Base requirements are attached as Exhibit 5. ALL herbicide and adjuvant spills are to be reported to the TR(s). Notify the TR(s) as soon as possible after a spill occurs, but no later than 24 hours Drafting Requirements Draft equipment must include an 8-inch diameter screen with 3/32-inch mesh openings around the draft line to protect aquatic resources, if drafting from streams, rivers, ponds, lakes or reservoirs. Modification of sites used for drafting 10

11 is strictly prohibited. Work shall be suspended if modification occurs. The infraction may be forwarded to the law enforcement branches of the appropriate management and regulatory agencies for investigation and possible imposition of civil or criminal penalties allowed under the governing laws Data Collection, Processing and Summarization: The Contractor must be thoroughly familiar and experienced with GPS data mapping, ESRI ArcPad and ArcMap GIS software and Microsoft Excel and Pocket Excel spreadsheet software (for portable data recorders and for personal computers for each of the above) for collecting, downloading, processing and summarizing inventory and monitoring data. The Contractor must be familiar with the basic statistical data summarization tools provided by ESRI ArcMap and Microsoft Excel software Record-Keeping Requirements The Contractor shall comply with Idaho State Department of Agriculture daily record-keeping requirements for herbicide use. A treatment record form listing all Idaho State Department of Agriculture, Forest Service or BLM requirements will be provided (Exhibit 3). The Contractor must submit these daily treatment records to the TR(s) on completion of each treatment polygon. New noxious weed infestations encountered by the Contractor shall be mapped with a GPS receiver and required attribute data shall be collected per the requirements of Exhibits 4A and 4B. There are ten required and two optional attribute fields. Comments about the site, including distance from water and other information helpful in managing the site are requested. These may be recorded in the Comments block of the inventory application. The Contractor shall provide digital and/or hard copy map and data files as specified by the TR delineating the weed infestations inventoried and of the areas inventoried (see for deliverable products). The Lemhi CWMA reserves the right to inspect, review and copy any or all records on a daily or weekly basis if deemed necessary Noxious Weeds The Contractor must be able to identify all phenological stages ofleafy spurge, rush skeletonweed, common crupina, dyer s woad, Mediterranean sage, scotch thistle and yellow starthistle. 11

12 1.6 PERFORMANCE REQUIREMENTS & QUALITY ASSURANCE SURVEILLANCE Task/Critical Subtask Quality Control Plan Quality/Performance The contractor must provide a quality control plan detailing how conditions of the Standards contract will be met. Procedures and actions taken to achieve compliance with the following items must be addressed in the contractor s quality control plan: Record-keeping requirements (refer to 1.5.8). Operational Spill Incidents Requirements (refer to and Exhibit 5). Acceptable Quality Level standards (refer to below). Risk reduction measures to prevent herbicide spills, provide for personnel and environmental safety (i.e. protection of water bodies, water courses and ground water, translocation of herbicides through soil profile, etc.), arrangements for transportation and temporary storage of herbicides and measures to protect non-target vegetation. Weed infestation inventory and re-measurement data collection requirements per Section and Exhibits 4A and 4B. Specified Deliverable Products (Section and Exhibits 4A and 4B) Acceptable Quality Levels Means of Measurement Task/Critical Subtask Herbicide Application The contractor must comply with the following: All applicable federal and state standards for the application of herbicides (see also Section 1.5). Task/Critical Subtask Quality Control Plan The contractor must cover each item specified in Quality and Performance Standards (above). Surveillance will include checks for compliance with each item. Task/Critical Subtask Herbicide Application, Infestation Inventory & Re- Measurement and Specified Deliverable Products The contractor must achieve the following: One hundred percent compliance with herbicide application reporting requirements (refer to Section 1.5.8). Application coverage of each treatment area must meet or exceed 95 percent of the treatment area as shown on the maps of the treatment areas (refer to attached map in Exhibit 1). Herbicide application must demonstrate 95 percent mortality of the treated noxious weed plants. One hundred percent compliance with the weed infestation inventory and remeasurement requirements (refer to Section and Exhibits 4A and 4B). One hundred percent compliance with the Specified Deliverable Products (refer to Section 1.4.2). Task/Critical Subtask Quality Control Plan Contractor s Quality Control Plan containing all necessary components submitted to the TR(s) prior to beginning work on the contract. Task/Critical Subtask Herbicide Application A determination of successful execution of the contract for herbicide application will be based on either randomly located transects within each treatment area that are representative of the treatment area or, where feasible, an inspection of the entire treatment area. Tolerances will be determined by the TR(s) based on these inspections. The use of indicator dye, in concentrations sufficient to be visible up to seven days posttreatment, is required to assist the TR(s) in determining application coverage. Coverage inspections may be conducted separately from mortality inspections. Indications of herbicide application and incipient mortality will be evident by visual deterioration of the treated plants beyond recovery. Indicators would include two or more 12

13 of the following: drooping, wilting, chlorosis, interrupted seed maturation, and/or drying of plant parts (stem, leaves, reproductive parts). As part of the inspection: The TR(s) will request and inspect application records for completeness and accuracy; this may occur daily if deemed necessary by the TR(s). The TR(s) will conduct random, periodic inspections for coverage and mortality beginning approximately five days after herbicide has been applied to an area and continuing weekly thereafter. For fall applications, inspections for coverage will be conducted as stated above. However, inspections for mortality will not be conducted until the following spring. In addition, the Idaho State Department of Agriculture may conduct periodic use inspections of the herbicide application operation. These use inspections will cover application technique, application rates, and adherence to pesticide use rules (refer to Exhibit 6). If, based on the results of the Idaho State Department of Agriculture use inspection, and deemed necessary by the TR(s), specimens of the target weed species or random samples of the herbicide solution from the contractor s spray tanks may be obtained for laboratory analysis. The target weed species specimens would be analyzed to determine that the required herbicide was applied. The herbicide solution sample would be analyzed to determine that the required strength was used. The Contractor may observe the sampling and may request a copy of the laboratory analysis. Task/Critical Subtask Infestation Inventory & Re-Measurement A determination of successful execution of the contract for GPS work and data collection will be based on adherence to and compliance with Section and Exhibits 4A and 4B. The TR(s) will inspect and approve inventory and re-measurement records and/or GPS files to ascertain one hundred percent compliance on at least a bimonthly basis. Task/Critical Subtask Specified Deliverable Products A determination of successful execution of the contract for specified deliverable products will be based on adherence to and compliance with Section and Exhibits 4A and 4B. The TR(s) will inspect and approve specified deliverable products to ascertain one hundred percent compliance on at least a bimonthly basis Penalties The following penalties for non-compliance will apply: Task/Critical Subtask Quality Control Plan Contractor may not start work until the quality control plan has been submitted to and approved by the TR(s). Task/Critical Subtask Herbicide Application If inspections indicate that quality and performance standards and acceptable quality levels have not been met, the contractor shall rework the area at no cost to the Lemhi CWMA within one week of written notice of failure to comply. The TR(s) reserve the right to determine re-treatment schedules and application rates. In the event the laboratory analysis concludes that the required herbicide was not applied to the target weed species or that the herbicide solution does not comply with requirements, the Contractor shall be given one week to correct the deficiency by retreating the area at no cost to the Lemhi CWMA. Should spring inspections for fall applications made the preceding fall show that work failed to meet quality and performance standards and acceptable quality levels were not met, the contractor shall rework the area at no cost to the Lemhi CWMA within one week of written notice of the requirement to retreat. The TR(s) reserve the right to determine re-treatment schedules and application rates. 13

14 Task/Critical Subtask Infestation Inventory & Re-Measurement If inspections indicate that quality and performance standards and acceptable quality levels have not been met, the contractor shall re-perform to correct non-compliant data at no cost to the Lemhi CWMA within one week of written notice of failure to comply. Task/Critical Subtask Specified Deliverable Products If inspections indicate that quality and performance standards and acceptable quality levels have not been met, the contractor shall re-perform to correct non-compliant data at no cost to the Lemhi CWMA within one week of written notice of failure to comply. Compliance with quality and performance standards and achievement of acceptable quality levels will be among the factors that contribute to the contractor s performance evaluation. Non-compliance with quality and performance standards and acceptable quality levels constitutes grounds for contract termination based upon failure to perform. PART II CONTRACT ADMINISTRATION 2.1 Contract Administration Lemhi CWMA's authorized primary Technical Representative to administer the contract terms and conditions is Jeremey Varley, Lemhi County Weed Superintendent and Lemhi CWMA Steering committee member.. Contact information for the primary TR is as follows: Jeremey Varley Lemhi County Weed Control 200 Fulton Street Suite 201 Salmon, ID Telephone Number: (208) Extension 282 Lemhi CWMA's authorized secondary Technical Representative to administer the contract terms and conditions is Diane Schuldt, North Zone Salmon Cobalt Ranger district Weed Manager and Lemhi CWMA Steering Committee Member. Contact information for the secondary TR is as follows: Diane Schuldt Salmon Cobalt Ranger District 311 McPherson Street Salmon, ID Telephone Number: (208) Pre-Work Conference Prior to commencement of work, the Contracting Agent as represented by the TR(s) will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. At this meeting, items such as work schedule, quality and performance standards and acceptable quality levels, specified products and deliverables, and record-keeping requirements shall be discussed and documented in writing. 14

15 2.3 Commencement of Work The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives a Notice to Proceed, (b) prosecute the work diligently, and (c) coordinate with TR(s) to carry out contract specifications. 2.4 Contractor Quality Surveillance The Contractor shall provide per quality surveillance of services s(he) intends to offer as completed for inspection to the per Part I, Sections 1.4.1, 1.4.2, and The Contractor shall implement his/her quality control program and inspect all treatment areas and treatment polygons for coverage and mortality in a timely fashion, reworking immediately as necessary. Implementation of an effective quality control program will greatly aid the Contractor in achieving acceptable quality. 2.5 Inspection of Services and Acceptance The Contractor shall only tender for acceptance and the TR(s), on behalf of the Contracting Agent and the Lemhi CWMA, shall accept only those items that conform to the requirements of this contract The Contracting Agent and the Lemhi CWMA reserve the right to inspect services tendered for acceptance. The TR(s) shall inspect and accept services provided by the Contractor per Part I, Sections 1.4.1, 1.4.2, and Measurement and Payment Payment less damages will be based on the following methods. The TR(s) will make the final decision on what constitutes unacceptable work based on contract inspections and the TR(s) determination of percentages. The Lemhi CWMA reserves the right to reject any and all unacceptable work below standards set in Section 1.6 above. Payment will be based on acceptable performance and delivery of contracted services and deliverables. Payment will be made on a job basis with all specified services, products and deliverables (refer to Part I, Sections 1.4.1, 1.4.2, and 1.6.3) considered as one job for the base year and one job for the option year. Payment will be based on satisfactory inspections by the TR(s) for validation of successful completion and acceptance by the Contracting Agent and Lemhi CWMA of required quality and performance standards and acceptable quality levels, specified products and deliverables, and record-keeping requirements. Invoice(s) for full or partial payment will not be accepted until deliverable products have been delivered to and accepted as accurate and complete by the TR(s) in accordance with contract specifications. 15

16 Final payment will not be made until furnished property that is not consumable or disposable is returned to the lending agency. Replacement cost of lost property or property that was damaged due to Contractor carelessness or negligence will be deducted from the final payment and/or will be billed to the Contractor Invoices for partial payment will be accepted provided the following conditions are met: The Contractor may invoice for Contract performance no more than once a month and invoices shall be paid by the Contracting Agent no more than once a month. Invoices must be submitted before the first day of the month in which payment is desired (e.g. an invoice for services rendered in the month of June and for which payment is desired in August must be submitted no later than July 31). The Contracting Agent does not guarantee that payment for an invoice will be made within one month. Before invoices for partial payment will be accepted by the TR(s), the Contractor must (a) deliver to the TR(s) a written report detailing progress on the contract to date at the time of invoice and (b) make available to the TR(s) for inspection any and all products and deliverables Payment and Deficiencies. If the services, products and deliverables are not accepted by the TR(s) as accurate, complete and meeting required quality and performance standards and acceptable quality levels, the Contractor will be given one week from the date of written notice that the products and deliverables are inadequate to correct the deficiencies. Once deficiencies are corrected and the products and deliverables pass inspection by the TR(s) and have been delivered by the Contractor, invoices for payment will be accepted. If inspections determine that work to date on services, products and deliverables has not met or exceeded the tolerances identified by the Acceptable Quality Level (refer to Part I, Section 1.6.2), the TR(s) will meet with the Contractor to discuss the deficiencies. The Contractor will be given one week from the date of written notice to correct the deficiencies. If the follow-up inspection by the TR(s) determines that the tolerances have been met, the Contractor will receive full payment. If the follow-up inspection by the TR(s) determines that one or more performance standards and/or acceptable quality levels have still not been met: The Contracting Agent will pro-rate payment for services and deliverables down to 80 percent completion. Pro-rating shall be accomplished by matching payment to achieved tolerance(s) between 80 percent and 100 percent. 16

17 Tolerance(s) below 80 percent constitute grounds for contract termination based on default for failure to perform and payment will not be made Late Invoices. Lemhi CWMA will not accept for payment any invoice submitted more than 90 calendar days from the last date that work was performed on the contract, as determined by the TR(s). 2.7 Terminations The Contracting Agent, in cooperation with Lemhi CWMA, may unilaterally terminate or suspend all or part of this contract, with or without cause, at any time upon written notice to the Contractor, specifying the date of the termination. The Contracting Agent may suspend work immediately upon the written notification of termination. Upon termination, all obligations between the contracting parties shall cease with the exception of delivery of products and deliverables, as contained in Part I, Sections 1.4.1, 1.4.2, and 1.6.3, completed partially or entirely at the time of termination Termination for Failure to Perform The Contracting Agent, in cooperation with Lemhi CWMA, may terminate this contract immediately upon written notice should the Contractor fail to comply with contract terms and conditions, fail to provide adequate assurances of future compliant performance or remain in breach or violation of the terms and conditions of this contract after written breach of contract and cure notices have been issued and the Contractor has failed to cure the deficiencies specified by the TR(s) within the period of time permitted for cures (Refer to Part II, Section 2.6.2). In the event of termination for failure to perform, the Contractor shall be paid only for that percentage of the contract price reflecting the percentage of work performed satisfactorily above 80% (see Part II, Section 2.6.2) prior to the notice of termination for failure to perform. Neither the Contracting Agent nor Lemhi CWMA shall be liable to the Contractor for any services not accepted. The Contractor shall be liable to the Contracting Agent and Lemhi CWMA for any and all rights provided by law. If it were to be determined that the Contracting Agent improperly terminated this contract for failure to perform, then such termination shall be deemed a termination for convenience (See Part II, Section below) Termination for Convenience The Contracting Agent may unilaterally terminate this contract upon written notice at any time for the convenience of the Contracting Agent in cooperation with Lemhi CWMA. In the event of such a termination, the Contractor shall immediately stop all work hereunder. 17

18 Subject to the terms of this contract, the Contractor shall be paid that percentage of the contract price reflecting the percentage of work above 80% (see Part II, Section 2.6.2) performed satisfactorily prior to the notice of termination. The Contractor shall not be paid for any work performed or costs incurred after the notice of termination that reasonably could have been avoided Effect of Termination Upon termination by the Contracting Agent, the Contractor shall: (a) promptly discontinue all work, unless the termination notice directs otherwise, and (b) deliver within two weeks all products and deliverables, as contained in Part I, completed partially or entirely at the time of termination. 2.8 Correspondence Procedures All correspondence submitted by the Contractor shall be subject to the following procedures: (a) Technical Correspondence. Technical correspondence concerning performance of this contract shall be addressed to the primary TR at the address displayed under Part II, Section 2.1. (b) Subject Line(s). All correspondence shall contain a subject line commencing with the contract number, as illustrated below: "SUBJECT: Contract No. (Insert the contract number) (Insert subject topic after contract number, e.g., "Request for Technical Information")". (c) Invoices. Invoices for payment shall be addressed to the following address: Jeremey Varley Lemhi County Weed Control 200 Fulton Street, Suite 201 Salmon, ID Telephone Number: (208) extension 282 All invoices must include the: i. Name and Address of the Contractor ii. Contractor Tax Identification Number iii. Invoice Date and Number iv. Contract Name and Number v. Dates of Service vi. Contract Line Item, if applicable vii. Description, Quantity (# of acres treated, amount of herbicide used, infestations re-measured and inventoried), Unit of Measure, Unit Price and Total Price of Services rendered, and viii. Name and address of official to whom payment is to be sent. ix. All supporting documentation. 18

19 2.9 Overpayments If the Contractor becomes aware of a duplicate invoice payment or that the Contracting Agent has otherwise overpaid on an invoice payment, the Contractor shall immediately notify the TR(s) and request instructions for disposition of the overpayment. Should the TR(s), the Contracting Agent and/or Lemhi CWMA become aware of a duplicate invoice payment or another invoice payment, the Contracting Agent and Lemhi CWMA shall immediately begin a collection procedure with the Contractor for return of the overpayment. PART III OTHER CONTRACT REQUIREMENTS 3.1 Waivers The Contractor specifically understands that the waiver of any breach of contract or default of any contract requirements shall not be construed as, or deemed to be, a waiver of any subsequent breach or default. 3.2 Relationship of Parties The Contractor, including its employees, agents or representatives, shall be deemed an independent Contractor and not an agent or employee of the Lemhi CWMA or Lemhi County. All benefits, coverages and claims of its employees shall be the sole obligation of the Contractor. Unless specifically authorized by the Lemhi CWMA, the Contractor shall not have authority to make commitments of any kind on behalf of the Lemhi CWMA. 3.3 Statement of Personal Liability The Contractor specifically understands and agrees that in no event shall any official, officer, employee or agent of Lemhi County or Lemhi CWMA be personally liable or responsible for any representation, statement, covenant, warranty or obligation contained in, or made in connection with, this Contract, express or implied. 3.4 Uniform Commercial Code The Contractor specifically understands that s(he) is responsible for complying with all applicable standards of the Uniform Commercial Code while carrying out the requirements of this contract, unless superseded by the Service Contract Act of 1964 or Forest Service requirements. 3.5 Other Compliances The Contractor shall comply with all applicable federal, state and local laws, executive orders, rules and regulations applicable to its performance under this contract where not already specified by the Service Contract Act of Changes Changes to the terms, conditions and requirements of this contract may be made only by written agreement of the Contracting Agent, Lemhi CWMA and the Contractor. 19

20 3.7 Standards of Care The Contractor will perform the services in accordance with the standards of care and diligence normally practiced by consulting firms performing services of a similar nature. 3.8 Disputes The Contractor shall proceed diligently with execution and performance of this contract pending final resolution of any dispute arising from this contract. 3.9 Excusable Delays The Contractor shall be liable for failure to perform unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as, acts of God (fires or floods) or acts of the County, State or Federal Government in either their sovereign or contractual capacity. The Contractor shall notify the TR(s) and the Contracting Agent in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give notice to the TR(s) and the Contracting Agent of the cessation of such occurrence. PART IV--TECHNICAL PROPOSAL INSTRUCTIONS AND REQUIREMENTS The technical proposal submitted by a prospective contractor will be used to make an evaluation and determine whether the proposal will meet the requirements of the Lemhi CWMA. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the statement of work. Proposals that merely paraphrase the requirements of the statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following: (1) Introduction and Table of Contents (2) Technical Approach: a) Performance Proposal and Capability b) Quality Control Plan c) Experience of Key Personnel d) Safety Plan (3) Past Performance on herbicide application and weed inventory projects (4) References (a minimum of three references from past customers) (1) Introduction and Table of Contents (2) Provide a Table of Contents for your Technical Proposal. The Introduction shall include the Business name, Owner name, address, and telephone number. The Introduction shall also include the federal tax 20