36C78619Q0330-002.docx

PERFORMANCE WORK STATEMENT

January 31, 2019

1. INTRODUCTION

a. This is a performance-based contract for Initial and Replacement Setting of Upright Headstone services at Fort Logan National Cemetery and hereafter referred to as “Fort Logan” or “Cemetery.” The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described herein, which are required to maintain acceptable placement and appearance of headstones.

b. This Performance Work Statement describes the basic objectives of the Fort Logan National Cemetery. The Performance Based Service Contract provides potential Offerors the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the Offeror’s understanding of all aspects of the effort to be performed by eliminating the "how to" instructions to accomplish the required effort normally contained on the Statement of Work that the Government traditionally provides to prospective Offerors. Minimum Acceptable Levels (MAL) of performance to meet the minimum requirements are outlined in the “Performance Work Requirements Summary” contained in Attachment 1.

2. THE NATIONAL CEMETERY ADMINISTRATION MISSION

The National Cemetery Administration honors veterans with a final resting place and lasting memorial that commemorate their service to our Nation. National Cemeteries are National Shrines. Therefore, the standards for management, maintenance, appearance and operational procedures performed by the Contractor have been established by the National Cemetery Administration to reflect this Nations’ concern and respect for those interred there. For this reason, the Contractor’s strict adherence to the Performance Work Statement, Performance Work Requirements Summary and Guidance Specifications shall be required and will be essential. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones that mark those gravesites and memorialize the service of individuals.

3. BACKGROUND

a. In 1999 Congress passed legislation requiring VA to ensure that National Cemeteries serve as a dignified and respectful setting. Each Cemetery is to be an expression of appreciation and respect of a grateful Nation for the service and sacrifice of her veterans.

b. Further, each National Cemetery is to be maintained as a National Shrine. A National Shrine is defined as a place of honor and memory that declares to the visitor/family who views it as a majestic setting, offering a sense of serenity, historic sacrifice and nobility of purpose. The National Cemetery is a beautiful and awe-inspiring tribute to those who gave much to preserve our Nation’s freedom and way of life.

4. INTRODUCTION

This service contract for Fort Logan National Cemetery is for cemetery Initial Setting and Replacement of Upright Headstones services at Fort Logan National Cemetery located at 4400 West Kenyon Avenue, Denver, CO 80236.

5. DESCRIPTION OF SERVCIES

The Contractor shall provide all personnel, supervision, professional expertise, vehicles, transportation, equipment, tools, materials, supplies, quality control and other items and services necessary to install and replace headstones at Fort Logan National Cemetery in a manner that will present a clean, neat, and professional appearance throughout the Cemetery and will meet or exceed the requirements in accordance with Contract Specifications, Drawings and the Performance Work Requirement Summary (PWRS) found at Attachment 1. Services include, but are not limited to, placement of initial and replacement of upright headstones (headstones), transportation of removed headstones to an approved location on site, preservation of existing Cemetery features (lawns, paving, roads, stones, and markers), restoration of Cemetery features disturbed or removed as a result of performing new work such that at the end of the day the Cemetery condition is as good as before commencement of work. Scheduling of services shall be coordinated with the Contracting Officer’s Representative (COR) to avoid disruption of ongoing Cemetery operations. All work will be done during normal Federal workdays in daylight hours. The exception is Memorial Day, which may be a workday for Federal employees, but not for the Contractor. No work will be allowed during the special weekend activities.

6. PROGRAM OBJECTIVES

a. The Contractor shall be responsible for full management of the Cemetery’s Initial Setting and Replacement of Upright Headstones services described herein. The Government’s objectives are described in the National Cemetery Administration’s (NCA’s) “Operational Standards and Measures” (provided by the Contracting Officer upon request), the Performance Work Statement (PWS), and other requirements identified herein, as they are applicable to the services required in the Pricing Schedule. The Contractor’s “Technical Approach” from its proposal contains solutions to accomplish the Government’s Objectives. The Contractor may use whatever method it chooses to meet the objectives, as long as the end result satisfies the minimum acceptable levels of performance as defined in the Performance Work Requirements Summary.

b. The Contractor will coordinate all associated field layout dimensions with COR prior to start of work. The Contractor is responsible for furnishing all stakes, templates, platforms, equipment, tools, materials, and labor required to layout any part of the work.

c. The Contractor shall be responsible for:

i. Initial and Replacement Upright Headstones;

ii. Layout of the work and for all measurements in connection with the layout;

iii. Utilizing existing burial section grid monumentation for all headstone row layout work;

iv. Executing the work to the lines and grades needed to accomplish the work and to ensure that headstones are correctly and accurately located on their associated gravesites;

v. Debris and trash removal;

vi. Maintaining a safe and presentable working environment for Contractor, Cemetery staff, and the general public.

vii. Preventing any disruption to the Cemetery operations, including funerals, visitor privacy, internal traffic, and utilities;

viii. Preserving the environment and following applicable regulations;

ix. Preserving existing Cemetery features (lawns, paving, roads, stones, and markers);

x. Restoring Cemetery features disturbed or removed as a result of performing new work;

xi. Ensuring all work conforms to the NCA’s established National Standards; and

xii. The timely submission of required reports and documentation.

7. CONTRACT OBJECTIVES

a. To use an innovative and creative technical approach to manage the cemetery initial and replacement headstone installation at the Fort Logan National Cemetery in order to maintain the high standards of appearance as a National Shrine, in accordance with best commercial practices and the requirements identified in this solicitation.

b. To have the Contractor perform to its approved “Technical Approach” from its proposal focused on criteria to install headstones designed to result in a clean, neat and professional overall appearance while preserving existing Cemetery property. The Guidance Specification Section at Attachment 7 is included as an example of the minimum requirements the Contractor is expected to meet or exceed.

c. To determine a contract period of performance in accordance with standard commercial practices. The minimum life of the contract should be one base period with options to extend the term of the contract up to four (4) additional years, exercised at the VA’s discretion and dependent on the availability of funds. The maximum life of the contract, including any award terms, will not exceed five (5) years.

8. STANDARDS OF EMPLOYEE CONDUCT

Contractor personnel shall be required to adhere to the standards of dress and conduct, as briefly mentioned here, while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C., Part I, Chapter 9, Section 901.

a. Clothing shall be presentable and suitable to the work while maintaining proper appearance and decorum indicative for a National Shrine. Uniform shirts and hats are preferred. Clothing shall be clean and cleanliness and personal hygiene are imperative. Any soiled clothing should be cemetery work-related that day. T-shirts and/or tank tops as outer garments are prohibited. Protective/safety clothing and shoes shall meet or exceed OSHA and state requirements.

b. Shall not engage in loud or boisterous behavior or use profane or abusive language. Shall show proper reverence during committal service.

c. Not eat or drink beverages except water or non-alcoholic drinks while in work area or in sight of committal shelter during a service. Use of intoxicating beverages and/or drugs is strictly prohibited.

d. Contractor personnel shall not lean, sit or stand on or against headstones, markers, or monuments. No tools, equipment or other items will be placed or leaned on headstones or monuments at any time. Contractor personnel shall not drive over headstones, markers, or monuments.

e. Use of tobacco products is prohibited except in designated smoking areas as approved by the COR.

f. The Contractor shall discuss the guidance in this paragraph and in Attachment 11 with his/her employees and all subcontractors. Any doubts as to proper procedures shall be brought to the attention of the COR, Cemetery Director, and/or CO for guidance or resolution. Each contractor and subcontractor employee shall sign a Statement of Compliance (Attachment 11); the Contractor shall deliver the signed statements to the COR before work may begin or before any new employee is allowed to work on Cemetery grounds.

9. PARKING AND VA REGULATIONS

Contractor employees may park privately owned vehicles in the area designated for parking by the COR. It is the responsibility of the Contractor to ensure its employees park in the appropriate designated parking areas. The Cemetery will not validate or make reimbursement for parking violations of the Contractor’s employees under any conditions. Smoking is prohibited inside any buildings at the Cemetery. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation/summons answerable in the United States (Federal) District Court, or other appropriate jurisdictions/agency.

10. USE OF CEMETERY FACILITIES

a. The Government shall not be responsible for any loss, damage, or theft of Contractor items. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Cemetery facilities used by Contractor's employees.

b. The Government will not furnish a storage building at the Cemetery site for use by the Contractor to store supplies and equipment. However, the Government will provide an area designated for the Contractor’s use. The Contractor can establish facilities to include but not limited to office site, covered storage, portable toilet facilities etc on or in the designated area after such facilities are approved by the COR and Contracting Officer (CO). The Government will provide access to water for the Contractor’s use and approved by the COR; all other utilities to this area are the responsibility of the Contractor. The Government will not be responsible for any damage to and supplies stored on the Government’s premises. The contractor shall be responsible for maintaining fire extinguishers and other safety equipment.

c. The Contractor will be responsible for safely storing any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturers recommendations. An SDS (Safety Data Sheet) is required for all chemicals, pesticides, herbicides and cleaning solutions.

d. Electricity and phone service will NOT be furnished by the Government for the Contractor’s work area. (Utilities are addressed in Attachment 6, paragraph 9)

11. CONTRACTOR'S RESPONSIBILITIES

The Contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees' fault or negligence. The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the State of Colorado.

12. SUPERVISION AND TRAINING

a. The Contractor shall provide a supervisor who speaks and writes fluent English on site, and at all times when the Contractor personnel are on the premises. The Contractor Supervisor must have not less than five (5) years’ experience as a direct supervisor of grounds maintenance or construction operations in industrial, commercial or public sites. The Contractor Supervisor shall ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure employees are adequately supervised and proper conduct is maintained.

b. In the absence of the Supervisor, the Contractor shall appoint an English-speaking crew foreman or an employee who shall be responsible to ensure that the work is being accomplished in an expeditious manner, is performed in accordance with the contract specifications and that the work will progress without undue delay.

c. The Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. The Contractor is expected to remove any employees from the Cemetery for cause, to include, but not limited to, safety violations, other misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government. If the Contractor fails to act in this regard, or the reason for a removal is immediately required to protect the interests of the Government, the COR may direct the removal of an employee from the premises. Contractor objections to any such action will be referred to the Contacting Officer (CO) for final resolution; however, the Contractor will first immediately comply with COR direction pending any CO final resolution at a later time or date. The Contractor will not be due any type of compensation for their costs incurred as a result of an employee being removed for cause; unless the removal is directed by the COR, and is later found invalid and/or unreasonable by the Contracting Officer.

d. The Contractor shall also be responsible for training and safety precautions for Contractor employees performing work under these specifications. OSHA standards shall be observed by the Contractor in all work performed. Contractor shall ensure that appropriate safety equipment is used by Contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to:

i. National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire Extinguishers

ii. Occupational Safety and Health Administration (OSHA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

iii. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

iv. Site supervisor/foreman is required to hold a 10 hour OSHA certification.

13. INSPECTION AND CLEANING OF CEMETERY FACILITIES

a. The Contractor will perform a weekly inspection. During this inspection the appearance of the Cemetery will be observed, and any deficiencies noted within the scope of the contract will be corrected as soon as practicable. Items that need correcting outside the scope of the contract will be reported to the COR or his/her representative.

b. The Contractor will be required to submit inspection reports and work accomplished to the COR weekly. The COR is located at Fort Logan National Cemetery. The inspection forms will be provided to the Contractor. (See “Work Summary and Progress Report”, Attachment 3)

14. WORK DURING CEMETERY FUNCTIONS

a. The burial activities at a National Cemetery will take precedence over contract activities. The Contractor shall cooperate and coordinate with the COR or authorized designee, in arranging schedule to cause the least possible interference with cemetery activities in actual burial areas. The COR or a representative shall furnish the Contractor with a schedule of all interments and/or ceremonies no later than the close of business of the day prior to the scheduled interment, and a minimum of three (3) days before any ceremonial events.

b. Work noise during the interment services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period. Contractor personnel shall not operate motorized equipment or conduct other commercial activities during interment services. The COR will identify the designated area.

c. Execute work in such a manner as to interfere as little as possible with work being done by others. To minimize contract activity interference with flow of cemetery traffic, keep roads, walks and entrances to grounds, parking and occupied areas of buildings clear of materials, debris and standing equipment/vehicles at all times. At least one lane must be open to traffic at all times.

15. PERFORMANCE EVALUATION MEETING

a. The issuance of a Contract Discrepancy Report (CDR) found at Attachment 5 may be cause for the scheduling of a meeting among the Contractor, Contracting Officer, and the COR. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, Contracting Officer, and the COR will sign minutes of the meeting(s).

b. Should the Contractor not concur with the minutes, they will so state their objections in writing to the Contracting Officer, within ten calendar days, and also explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor's non-concurrence and make a decision to revise or uphold the comments as written. The Contracting Officer will notify the Contractor of the decision in writing within ten (10) calendar days of submission of any objections.

16. ACTIONS

a. Normally, the COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

b. If the Government created any of the discrepancies, these will not be counted against the Contractor's performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the COR will forward a written notice to the responsible organizational element requesting corrective action be taken.

c. When the Contractor is not meeting the acceptable limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

d. When a CDR is issued for a service, the Contracting Officer and/or the COR may exercise any contractual remedy available for non-performance, in accordance with FAR 52.212-4, “Inspection and Acceptance”.

e. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, further actions may be considered, to include a determination on whether continued performance by the contractor is feasible.

17. CONTRACTOR’S QUALITY CONTROL PLAN (QCP)

a. The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP will be forwarded to the Contracting Officer along with the requested initial proposal and may be revised as necessary during the life of the contract, with concurrence of the COR and Contracting Officer. The Contracting Officer will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. The QCP may be revised as necessary during the life of the contract, with concurrence of the COR and Contracting Officer. The Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

i. An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished and documented, and the title of the individual(s) who will perform the inspections.

ii. On-site records of all inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

iii. Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

iv. The methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

v. On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

vi. A log to account for all requests for immediate service. The log shall indicate the date and time of services, and description of results and completion of these services.

vii. On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

18. HISTORIC PRESERVATION

When the Contractor or any of the Contractor’s employees, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, the Contractor shall immediately notify the COR verbally, and then with a written follow up.

19. PLACEMENT OF ORDERS

Delivery Orders for services at Fort Logan National Cemetery will be placed by the COR. Orders may be faxed to the contractor at the COR's discretion.

Agents/Branches: If the Contractor maintains agents/branches, the Department of Veterans Affairs is to be provided with a list containing any information necessary indicating how and with whom orders are to be placed.

20. BILLING/INVOICE FOR PAYMENT

Invoices shall be submitted in monthly in arrears, to the Director, Fort Logan National Cemetery, 4400 W. Kenyon Avenue, Denver, CO 80236.

21. AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as CORs.

22. LICENSES/PERMITS/INSURANCE

Contractors shall provide proof of insurance, licenses and permits required to perform the services in this contract within 10 days from date of award of a contract.

23. EXPOSURE OR ACCIDENTAL DISCOVERY OF REMAINS

In the event work on the gravesites results in exposure and/or damage to any remains, container for remains (i.e., casket or urn), or outer burial container, the Contractor shall IMMEDIATELY notify the Fort Logan National Cemetery Director, the COR and/or the CO; take immediate steps to cordon off, protect and cover any exposed remains, container for remains, or outer burial container; and STOP ANY FURTHER WORK on that gravesite. The Cemetery will take control of the remains and conduct the reburial. The Contractor may be responsible for costs associated with replacing burial containers (e.g. caskets, urns, vaults). Work on the affected gravesite will not continue until the remains are properly secured by Cemetery staff; either through repositioning remains, removal of remains for safekeeping or repositioning of casket/vault/crypt. The Contractor will not reinter exposed remains or reposition outer burial containers.

SECTION D - CONTRACT DOCUMENTS, ATTACHMENTS, OR EXHIBITS

Attachments 1 through 11

Attachment 1 Performance Work Requirements Summary

Attachment 2 Cemetery Plot Plan

Attachment 3 Work Summary & Progress Report (Form)

Attachment 4 Rework Items List (Form)

Attachment 5 Contract Discrepancy Report (CDR) (Form)

Attachment 6 General Conditions

Attachment 7 Guidance Specifications

Attachment 8 Work Assignment (Form)

Attachment 9 Quality Assurance Surveillance Plan

Attachment 10 List of References (Form)

Attachment 11 Employee Statement of Compliance

ATTACHMENT 1

PERFORMANCE WORK REQUIREMENTS SUMMARY

1. The purpose of this exhibit is to:

a. List the contract requirements considered most critical to acceptable contract performance.

b. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.

2. The Government's quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically, (e.g. weekly, monthly, quarterly, and semi-annually).

3. The criteria for acceptable and unacceptable performance are as follows:

a. Contract requirements. The criteria for requirements are the level of performance deemed acceptable to the Government.

b. If the quality of work does not comply with the contract requirements the COR will initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR).

c. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. Please refer to contract clause 52.212-4 (“Inspection and Acceptance”) for the Government’s rights concerning reperformance or contract adjustments based upon non-satisfactory, or unperformed effort.

PERFORMANCE WORK REQUIREMENT SUMMARY

(1) Set New Initial Upright Headstones1

(2) Set Replacement Upright Headstones1

(3) Replacement of upright headstones prior to setting

(4) Site and work area cleanliness

(5) Report Submittals

(6) Safety maintained during operations

1 “Vertically aligned”, for purposes of upright headstones under this contract, shall be defined as within one degree of fully vertical when measured on front and sides using a digital level.

ATTACHMENT 2

ATTACHMENT 3

To:

Project Title: Initial and Replacement Headstone Setting.

Contract No: ___________________________

Inspection / Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test some or all of the services that have been tendered for acceptance. The Government may require re-performance of nonconforming services at no increase in contract price. The Government shall exercise its post-acceptance rights—

1. Within a reasonable time after the defect was discovered or should have been discovered; and

2. Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

Work Completed & Submitted for Acceptance (This form is not to be used as an Invoice)

SEC

GRAVES

THRU

SEC

GRAVES

THRU

SEC

GRAVES

THRU

Report below any circumstances which may have adversely affected work progress such as weather, turf conditions, strikes, delays by the Government, etc.

Note: Contractor shall sign confirming that services indicated have been completed. Government shall also sign in acknowledgment of receipt of the Progress Report.

ATTACHMENT 4

REWORK ITEMS LIST

Contract No. and Title:

SHEET ____ of ____

Contractor:

(Para. No.)

DATE COMPLETED BY CONTRACTOR

(Contractor Sign and Date)

COR REVIEW

(Initial and Date)

ATTACHMENT 5

Contract Discrepancy Report

Contract Number:

Report No. for this Discrepancy:

To: (Contractor/Manager’s Name)

From: (Name of COR)

5. Dates

5a. Prepared:

5b. Returned by Contractor:

5c. Action Complete:

Discrepancy or Problem: (Describe in detail. Include reference to PWS Directive; attach additional sheet if necessary.)

Signature of Contracting Officer or COR:

8a. To: (Contracting Officer and/or COR)

8b. From: (Contractor)

9. Contractor Response as to Cause, Corrective Action and Actions to Prevent Recurrence: (attach additional sheet if necessary.)

10a. Signature of Contractor Representative:

10b. Date:

11. Government Evaluation: (Acceptance, partial acceptance, reflection; attach additional sheet if necessary.)

12. Government Actions: (Reduced payment, cure notice, show cause, other)

13. Close Out

a. Contractor

b. COR

c. CO

Duplicate Form as Necessary

ATTACHMENT 6

GENERAL CONDITIONS

FORT LOGAN NATIONAL CEMETERY INITIAL SETTING & REPLACEMENT OF HEADSTONES

The Contractor shall meet or exceed the following general conditions in its proposed technical approach. The successful Offeror’s technical approach will be incorporated into the resultant contract.

1. WORK ENVIRONMENT AND WEATHER CONDITIONS

a. All work under this service Contract will be performed primarily out-of-doors and personnel performing these services will be exposed to wind, heat, sun, cold, dampness, frost, fog, rain and snow. These conditions, may, at times, be extreme. The Contractor shall take all necessary precautions to protect his/her employees from the elements to the maximum practicable extent. Weather will not be considered an excusable delay in meeting specifications or project schedule. The Contractor understands that it may be necessary to work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines, at no additional cost to the Government. If weather conditions are such the work performed on that day may cause more damage to the Cemetery grounds than good, the COR has the authority to stop work until conditions improve and the COR directs continuation of performance.

b. Due to the sensitive mission of the cemetery, the work could occasionally involve contact with and/or exposure to grieving individuals. Contractor personnel shall exercise and exhibit absolute decorum, composure and stability at all times and refer such individuals to Cemetery Staff.

2. SAFETY AND ENVIRONMENTAL PROTECTION

a. The Contractor shall be responsible to ensure all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the Contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

b. Matters related to safety, and any actions of the Contractor shall meet all safety requirements, Department of Veterans Affairs, OSHA, and the State. It is incumbent upon the Contractor to be familiar with these requirements.

c. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be provided by the Contractor at all work sites to eliminate hazards and for the protection, safety, and warning of all public visitors, pedestrians, cemetery employees, and vehicular traffic within the area. All open and unattended holes in the ground must be covered with plywood and/or barricaded for pedestrian safety.

d. Spill Prevention, Containment, and Clean-up: The Contractor shall contain, clean up, and report all spills on Government property in a manner that complies with all applicable Federal, State, and Local laws and regulations or otherwise stated herein, and the installation spill control plan at no cost to the Government.

e. Dust Control: Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. Dry power brooming will not be permitted. Instead, use vacuuming, wet mopping, wet sweeping, or wet power brooming.

3. FIRE SAFETY

a. Applicable Publications: Publications listed below form part of this Article to extent referenced. Publications are referenced in text by basic designations only.

1. National Fire Protection Association (NFPA):

a) Standard for Portable Fire Extinguishers

b) Flammable and Combustible Liquids Code

2. Occupational Safety and Health Administration (OSHA)

a) 29 CFR 1926, Safety and Health Regulations for Construction

b. Fire Safety Plan: Establish and maintain a fire protection program in accordance with 29 CFR 1926.

c. Means of Egress: Do not block exits for occupied buildings, including paths from exits to roads. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

d. Situate temporary facilities, such as trailers, storage sheds, and dumpsters, away from existing buildings and new construction by distances in accordance with NFPA 241. For small facilities with less than 6 m (20 feet) exposing overall length, separate by 3m (10 feet).

e. Fire Extinguishers: Provide and maintain extinguishers in construction areas and temporary storage areas in accordance with 29 CFR 1926, NFPA 241 and NFPA 10.

f. Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30.

g. Smoking: Smoking is prohibited except in designated smoking rest areas approved by the COR.

4. OPERATIONS AND STORAGE AREAS

a. Working space and space available for storing materials will only be available at the approval of the COR or Contracting Officer. If approved, the location is to be where approved by the COR or where shown on drawings as the “Contractor Staging Area”. It is understood the VA will not be held responsible for any damage to the Contractor’s equipment, materials, supplies or the like which may result from vandalism, theft etc. while on site. Contractor shall base operations out of this staging area, using it for materials and equipment storage, administration, employee toilets, trash dumpster area, employee parking, employee lunch/break area, etc.

b. “Contractor Staging Area” fencing: Before work operations begin, Contractor shall provide a chain link fence, six (6) feet minimum height, around the “Contractor Staging Area”. Provide gates as required for access with necessary hardware, including hasps and padlocks. Fasten fence fabric to terminal posts with tension bands and to line posts and top and bottom rails with tie wires spaced at maximum 15 inches. Bottom of fences shall extend to one inch above grade. After completion of project work, Contractor shall remove fencing and restore area back to original condition.

c. “Contractor Staging Area” facilities: Temporary buildings (e.g., storage sheds, shops, offices) may be erected by the Contractor within the approved “Contractor Staging Area” with the approval of the COR or Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work.

d. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR or Contracting Officer. Do not store materials and equipment in other than approved areas. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

e. The Contractor shall, under regulations prescribed by the Contracting Officer or COR, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the COR or Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair any damaged curbs, sidewalks, or roads at their own expense.

f. Inability to erect or use Contractor facilities for any reason shall in no way alter the contract. The Contractor would then be responsible for delivering and removing all necessary equipment and supplies on a daily basis.

5. TEMPORARY TOILETS

The contractor shall provide portable chemical toilets for use by workmen as necessary to comply with applicable OSHA requirements. These portable toilet facilities shall be kept clean and free of excessive odors, insects, etc. Locate portable toilet facilities in the COR approved “Contractor Staging Area” only. It will not be permissible to locate portable toilet facilities in any other locations throughout the cemetery. Use of the permanent cemetery toilet facilities by workmen is strictly prohibited throughout the duration of this contract. All connections and appliances connected therewith shall be removed prior to completion of contract, and premises left perfectly clean.

6. DISPOSAL AND RETENTION

a. Contractors shall be responsible for cleaning cemetery structures, headstones, monuments, and roadways that are soiled or stained as a result of Contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures headstones, and monuments at the end of each workday. Roadways shall be cleaned with a street sweeper each day as needed to keep the existing roads free from dirt and mud resulting from Contractor operations. No hazardous chemicals are to be used at anytime on Government property with the exception of herbicide treatments. The Contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.

b. At the end of each day the Contractor shall remove all debris from the cemetery site resulting from the work. The Contractor shall ensure at all times that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site.

c. The Government will not provide receptacle(s) for disposal of debris related to this contract. The Contractor shall provide his/her own REFUSE FACILITIES, and these shall only be located in the COR approved “Contractor Staging Area”. Do not place dumpsters or refuse facilities in any other location at the cemetery other than the approved “Contractor Staging Area”. The contractor shall dispose of all debris and other waste materials generated by his/her work at a licensed off-site landfill unless otherwise directed by the COR.

d. The Contractor shall dispose of all hazardous waste in accordance with the Resource Conservation and Recovery Act (RCRA) and all other applicable Federal, State, and Local law and regulations. On-installation storage or disposal of hazardous waste is NOT allowed.

7. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

a. Damage to Government property: The Contractor (including his or her employees, subcontractors, consultants or the like) shall be responsible for repair or replacement of any contractor damaged cemetery structure, to include: turf, curb, road pavement, headstones or markers, valve boxes, grid monument control markers, trees, plant beds, etc, which are chipped, marred, damaged and/or ruined at the fault of the Contractor. The Contractor shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the COR prior to repair, replacement, or installation.

b. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site that are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so by the COR, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and remove and properly dispose of from the site as defined herein.

c. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall immediately notify the COR of any such occurrence and repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

d. Protection of Existing Utilities: Contractor shall be responsible for damages to utilities, above and below ground.

e. Refer to paragraphs, "Operations and Storage Areas", "Alterations", and "Restoration" for additional instructions concerning repair of damage to structures and site improvements.

8. RESTORATION

a. Contractor shall remove, cut, alter, replace, patch and repair existing work as necessary. Except as otherwise shown or specified, do not disturb any water, steam, gas, or electric services without prior approval of the COR or Contracting Officer. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original construction, except as otherwise shown or specified.

b. Upon completion of Contract, Contractor shall deliver work complete and undamaged. Existing cemetery features (lawns, paving, roads, and walks) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work. All restoration work shall be accomplished without undue delay.

c. At Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workmen/subcontractors to existing cemetery infrastructure.

9. AVAILABILITY AND USE OF UTILITY SERVICES

a. WATER: Water will only be made available via Contractor connection to existing Cemetery water system in existing locations where connection is available, and for purposes of this Contract only. The Contractor at Contractor's expense and in a workmanlike manner satisfactory to the COR shall be responsible for installing and maintaining temporary connections to the cemetery water supply in accordance with regulations. Contractor shall not obstruct normal traffic flow on adjacent roads while water is being obtained. In locations where Cemetery water system is not readily available, the Contractor shall provide and utilize portable water tanks and/or water trucks as necessary to transport water to areas where needed in order to complete the work required by this Contract.

b. ELECTRICITY: In case the Contractor requires electricity while in performance of this Contract, the Contractor shall provide and utilize portable generators as necessary to complete the work.

10. WORK PERFORMED BY OTHERS ON SITE

The Government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other contractors and with Government employees and shall carefully adapt scheduling and performance of work, and needing any direction, it shall be provided by the COR. The Contractor Supervisor shall be responsible for reporting to the COR any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor Supervisor shall not take it upon him or herself to resolve any problems or issues with other on-site contractors or employees, but rather will leave it to the COR to resolve the issue.

11. REPORTING AND RECORD KEEPING

a. The Contractor Supervisor shall report on a daily basis to the COR at the main office of the cemetery and log in. This DAILY check-in is mandatory and shall be at a time agreed upon by the COR and the Contractor Supervisor within the requirements of paragraph “b” below.

b. The purpose of the DAILY meeting is to coordinate and establish the daily work schedule to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony, and to submit the required written reports to the COR.