36C78620R0020-002.docx

STATEMENT OF WORK

DEPARTMENT OF VETERANS AFFAIRS, NATIONAL CEMETERY ADMINISTRATION

Oakland, California

Project Title:

Bakersfield National Cemetery – Admin/PIC and Restroom Buildings Berm Restoration Project Location:

Bakersfield National Cemetery, 30338 East Bear Mountain Road, Arvin, CA 93203

All work shall be performed in accordance the Plans/Specifications/Statement of Work, contained in this contract. Offerors must possess a valid Landscape Contractors License and a copy shall be submitted to the Contracting Officer with their proposal.

SCHEDULE OF SERVICES:

Contract Line Item

Description

Qty.

Unit

Unit Price

Total Price

Remove Exposed Building Water-Proofing Membrane, and Chemically Stain Exposed CIP Concrete Walls to Match Existing.

Provide Decorative Concrete Block Seat/Retaining Walls and Extend Existing Drain Lines.

TOTAL PRICE

INSTRUCTION TO BIDDERS:

The Bidders shall provide a “Unit Price” and “Total Price” for each of the listed “Contract Line Item Numbers” (CLIN) provided in the above “Base Bid” and for each (CLIN) of the “Add alternative Bid Options” in the above form. Bidders shall provide a “Total Price” in numbers. Also, Bidders shall fill out the Cost Estimate Worksheet and submit with package offer.

For purpose of award, the low bidder will be the responsive, responsible bidder offering the lowest aggregate price for the base bid, plus those additives in the order of priority listed in the solicitation that provide for the most features of work within the funds available. The government will use a “control” number, usually the IGE, to award the additives. Should an additive in the list of priorities goes over the control point then the CO will move to the next additive until the total amount does not exceed the control number. The total amount of the award will not exceed the control number and may skip a priority. Should the Government determine to execute any of these Add Alternate CLINs after award, the Contracting Officer will issue a new solicitation to incorporate the additional work.

GENERAL SCOPE OF WORK:

The Contractor shall furnish all labor, materials, equipment, tools, supplies, and services to provide landscape construction work described herein and on the attached Plans and Specifications at Bakersfield National Cemetery (BNC), located in Arvin, California. Construct in accordance with the VA Construction requirements, Federal, California and Local Codes.

The Work included but is not limited to: removal and reinstallation of existing decorative aggregate to new lines and levels; supplement decorative aggregate where shown; removal of exposed water-proofing membrane on building walls; removal of existing segmental retaining walls; construction of new decorative concrete block retaining walls; extension/re-routing of existing drainage lines; cellular confinement system on berms; drip irrigation system; berm plantings; backfill of cellular confinement system with decorative rock; landscape maintenance period; and other work as indicated.

Prior to submission of any bid, the Bidders shall perform a thorough field survey of the existing site conditions and features. Verify at project site the exact size and dimensions of all existing features being modified, relocated, extended, connected to or removed. Any site conditions which may cause significant deviation from The Drawings shall be brought to the attention of the Contracting Officer or his/her Representative (COR) for clarification prior to submission of the bid. Verify dimensions of all Government-furnished and installed equipment to insure proper coordination with construction. Contractor shall bear all costs for relocation of existing utilities from failure to advise of conflict in writing prior to submission of any bid, and/or from failure to properly coordinate installations of system.

All work shall be provided as described in the Plans and Specification, hereby known as The Drawings. The proposal request is divided into Base Bid; Additive Alternate Bid No. 1; and Additive Alternate Bid No. 2. The Additive Alternate work is described herein and further delineated on the plans.

The Contractor shall guarantee that all work done under this contract will be free from faulty materials or workmanship for a period of one year after the date of Final Acceptance by the Government. The Contractor hereby agrees to repair or replace all defects or imperfection appearing in the work done under this contract to the satisfaction of the Government at no additional cost to the Government.

All work shall be coordinated with the Contracting Officer’s Representative (COR). Work will be conducted in such a manner to minimize the impact on the Cemetery operations. The water supply to the existing irrigation system may be shut down at the beginning of the workday but shall be restored at the end of each business day. Provide temporary piping as required to restore water supply to the irrigation system.

Completion Time: One hundred twenty (150) calendar days from date of issuance of Notice to Proceed (NTP) not including the 90-day maintenance period which commences upon Substantial Completion of the work as determined by the Government.

Work on site will be accomplished between the hours of 8:00 and 4:30, Monday through Friday, except Federal Holidays.

All work will be coordinated with the Contracting Officer’s Representative (COR) and with the Cemetery Director. Only the Contracting Officer (CO) has the authority to make changes to the contract that affects price and/or time.

Cemetery Director:

Randy Heard Department of Veterans Affairs National Cemetery Administration 30338 East Bear Mountain Road Arvin, CA 93203 Phone: (661) 867-2250 Fax: (661) 867-2253 Randy.Heard@va.gov

Contracting Officer’s Representative (COR):

James Columbia Department of Veterans Affairs National Cemetery Administration 30338 East Bear Mountain Road Arvin, CA 93203 Phone: (661) 867-2258 Fax: (661) 867-2264 James.Columbia2@va.gov

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The work in this project includes but not limited to:

CLIN 1 (Base Bid): Remove Existing Segmental Retaining Walls; Construct New Decorative Concrete Block Retaining Walls; and Extend Existing Drain Lines. Provide work as shown on the Drawings.

1. Remove the existing modular retaining walls and dispose of off-site in a lawful manner.

2. Remove compacted aggregate base, full depth.

3. Cut, cap and protect existing drip irrigation supply lines for reuse. Remove any existing abandoned drip tubing, flush valves, and air relief valves.

4. Provide structural engineering drawings and specifications for decorative concrete block retaining walls.

5. Construct new decorative concrete block retaining walls and foundations where indicated per design drawing and approved structural drawings.

6. Provide wall drains and damp-proofing.

7. Extend existing drainage lines to new daylight points.

8. Provide other work as indicated.

9. Work shall be provided as indicated in The Drawings.

CLIN 2 (Base Bid): Provide Geoweb Soil Stabilization System; Remove and Reinstall Existing Decorative Rock on berms for New Planting and Irrigation; Grade Berms; Infill Geocells with Gravel and Decorative Rock. Provide work as shown on the Drawings.

1. Remove existing decorative gold gravel from berms around buildings and stockpile for reinstallation.

2. Grade berms to provide constant and smooth and constant elevation change from top of berm to new retaining walls with no humps or hollows. Grade berms without retaining walls to provide constant and smooth and constant elevation change from top to bottom of berm.

3. Adjust height of clean-out boxes to be flush with proposed finish grade (top of decorative gravel).

4. Provide Geoweb soil stabilization system per manufacturer’s specifications and printed instructions.

5. Coordinate Geoweb installation with planting and irrigation work.

6. Provide initial backfill of cellular confinement cells with graded crushed rock.

7. Provide final backfill of cellular confinement cells with decorative gravel.

8. Provide other work as indicated.

9. Work shall be provided as indicated in The Drawings.

CLIN 3 (Base Bid): Remove Exposed Building Water-Proofing Membrane, and Chemically Stain Exposed CIP Concrete Walls to Match Existing.

1. Remove soil level to expose top edge of drainage mat damp-proofing against the building walls.

2. Remove the surface-applied water-proofing membrane from the CIP concrete building walls to 2-inches above the drainage mat.

3. Clean and prep walls for staining.

4. Apply chemical stain to an inconspicuous areas of the wall to a provide mock-ups showing ability to match existing stain color for approval of COR.

5. Chemically stain CIP concrete wall from leading edge of existing stain to top of waterproofing membrane.

6. Provide other work as indicated.

7. Work shall be provided as indicated in The Drawings.

CLIN 4 (Base Bid): Provide Plantings on Berm as shown on the Drawings.

1. Cut and remove cells from Cellular Confinement System to accommodate planting pits for new plants.

2. Plant new shrubs and ground cover plants in locations shown.

3. Provide other work as indicated.

4. Work shall be provided as indicated in The Drawings.

CLIN 5 (Base Bid): Provide Planting Irrigation on Berm as shown on the Drawings.

1. Retrofit four (4) existing drip irrigation zones to provide new hard-piped point source irrigation for proposed plants on the berms.

2. Remove and reset valve boxes for existing drip irrigation remote control valves, remove debris and provide rodent intrusion prevention as shown.

3. Provide drip air relief valves at high points of each zone below grade in valve boxes.

4. Provide drip flush valves at low points of each zone below grade in valve boxes.

5. Install one (1) 6-outlet drip multi-emitter to each new plant with distribution tubing to the rootball. Use a minimum of 3 outlets for each 1 gallon plant and 6 outlets for each 5 gallon plant to ensure that the new plants receive adequate irrigation.

6. Replace damaged irrigation with new matching components to provide a fully operational system.

7. Provide other work as indicated.

8. Work shall be provided as indicated in The Drawings.

CLIN 6 (Add Alternate #1): Provide Decorative Concrete Block Seat/Retaining Walls and Extend Existing Drain Lines.

1. Construct new decorative concrete block retaining/seat walls where indicated.

2. Extend existing drainage lines to new daylight points.

3. Provide other work as indicated.

4. Work shall be provided as indicated in the Drawings.

GENERAL REQUIREMENTS

I. General Notes

1.1 THE NCA MISSION: The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National cemeteries are national shrines. The standards of maintenance, appearance and operational procedures performed by the Contractor at this cemetery shall reflect this nation’s concern for those interned there. For this reason, the Contractor’s strict adherence to the statement of work and specifications are required and essential. The Contractor shall demonstrate a clear understanding of, and the sensitivity to, environmental issues during the performance of the contract.

1.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR):

A. The VA Contact Person and Cemetery Director is William Pickard, who will designate a Contracting Officer’s Representative (COR). The COR will make periodic site visits but may not be on site daily. The COR may designate an “authorized on site designee” to observe work progress. The Cemetery Director for the Bakersfield National Cemetery is located on site and can be contacted at the Bakersfield National Cemetery administration building or at 661-867-2250.

B. The Contracting Officer’s Representative (COR) responsibilities will include, but not be limited to surveillance of services required under this contract; determining the adequacy of Contractor performance according to the specifications of this contract; acting as the Government’s representative; ensuring compliance with contract requirements insofar as the work is concerned; and advising the Contracting Officer (CO) of any contract issues. The COR cannot authorize deviations from the specifications and requirements of this contract. In the event the Contractor deviates without approval from the CO, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor. The COR designated for this proposed contract will be officially appointed in writing by the CO.

C. If work is authorized to be performed after hours or on weekends/holidays and an emergency should occur, the Contractor shall dial 911 in the absence of the COR or his designee, and then contact and inform COR of incident immediately.

1.3 CEMETERY LOCATION: The services will be performed at one (1) location:

BAKERSFIELD NATIONAL CEMETERY

30338 East Bear Mountain Road Arvin, CA 93203 Phone: 661-867-2250 Fax: 661-867-2253

1.4 CONTRACTOR’S RESPONSIBILITIES AND INSURANCE REQUIREMENTS:

A. The Contractor shall obtain all necessary licenses and/or permits required to perform this work. The contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. The Contractor shall be responsible for any injury to themselves or their 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 themselves or their employees’ fault or negligence. Any negligence on the part of the Government, its officers, agents, servants and employees, shall not be the responsibility of the Contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there-from. The Contractor shall maintain workmen’s compensation, personal liability, automobile liability, and property damage insurance, as prescribed by the laws of the State of California, and in accordance with FAR 52.282-5, Section C. Evidence of coverage is required before commencing work under this contract (copy of Certificate of Insurance), and it will not be changed or cancelled without thirty calendar days prior written notice to the Contracting Officer.

1.5 CONTRACTOR DUTIES:

A. Contractor Superintendent: A competent and experienced English-speaking Contractor Superintendent shall be provided by the Contractor whenever work is being performed - other than trash and debris pick-up. The Contractor Superintendent must have a minimum of five (5) years experience as a direct supervisor of a commercial landscape construction that included surveying, soil excavation, unit masonry, and landscape construction in industrial, commercial or public sites. The Contractor Superintendent will 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. In the absence of the Superintendent, the Contractor will appoint an English-speaking crew foreman or an employee who will 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.

B. Work Hours: Work may be performed between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, except for Holidays, unless otherwise directed by the COR. At the Contractor’s request and with the written permission of the COR, work will also be permitted to be scheduled for weekends and/or Holidays. When emergency situations, that are caused by the Contractor or severe adverse weather prohibits work during the week, then he/she may seek approval from the COR to work on weekends in order to meet the period of performance. The Government shall not compensate the Contractor for any alternate work schedules needed for the Contractor to complete all contract work within the specified project duration time frame. No work will be permitted on Veterans Day and Memorial Day and the two days immediately prior to Memorial Day needed for ceremony preparation. Notwithstanding, if any work under this contract will be performed outside of the VA’s normal working hours (8:00 a.m. to 4:30 p.m. Monday through Friday), then Contractor shall notify the COR at least 48 hours in advance.

C. Federal Holidays: Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, New Year’s Day, Martin Luther King, Jr., Washington’s Day* Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday -- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).

*This holiday is designated as "Washington's Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

D. After Normal Hours On-Call/Emergency Situations: The Contractor shall establish and maintain a point-of-contact to receive emergency calls from the COR(s). The point-of-contact shall be available on a 24-hour basis including during weekends, Federal Holidays and after normal hours of operation. The Contractor shall provide name/telephone number(s) for Project Manager (Home & Office), Superintendent, and Foreman, including normal and emergency/after-hours contact numbers, mobile, and fax numbers. In the event of an emergency, repairs shall be made as expeditiously as circumstances allow or within (24) hours upon initial emergency call. If work is authorized to be performed after hours or on weekends/holidays and an emergency should occur, the Contractor shall contact the COR and the Cemetery Director. In the absence of the COR and the Cemetery Director, the Contractor shall contact the local police.

1.6 WORK SCHEDULE and SCHEDULE OF VALUES:

A. Two weeks after Notice to Proceed, the Contractor shall provide the COR with a Work Schedule/Critical Path Timeline. The schedule shall use a Gantt chart format which includes, at a minimum, the date of Notice to Proceed, the submittal period, the mobilization date, the start and completion dates of each major work element, testing and inspection dates, punch list/correction period, demobilization, project completion date, and subsequent maintenance periods, if any. The schedule should prove that the work will be completed within the allotted time for completion of the contract.

B. Two weeks after Notice to Proceed, the Contractor shall provide the COR with a Schedule of Values for each major work element in the contract to assist the COR with verification of work performed and to justify progress payments for work completed.

1.7 REPORTING:

A. The Contractor shall be required to report daily to the Cemetery Director or COR at the main office of the Bakersfield National Cemetery. Contractor shall log in and obtain funeral and/or special schedules as defined herein. This check in is mandatory. The Contractor shall provide an anticipated work schedule daily or as agreed upon with the Cemetery Director or COR, and to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony. The Contractor shall document services performed and provide written reports and other information to the COR as required during specific time frames. These daily meetings are also an opportunity for the Contractor to ask questions and ensure he/she understands the off-limit areas, which may vary, depending on the event. The Contractor’s Project Manager or Superintendent can thus assign tasks accordingly throughout the rest of the Cemetery, so that productive use of labor and equipment is assured, and downtime is avoided. If the Contractor fails to re-direct employees away from an event in a timely fashion, the COR(s) may then assist in doing so. Daily meetings shall be at an agreed upon time between the COR and the Contractor.

B. A list of scheduled ceremonies will be provided the one week prior to the event(s), and a list of scheduled funerals will be provided daily. The Contractor is solely responsible for ensuring that no contract work causes any funeral, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity or security of the event is compromised. The Contractor is solely responsible for staying abreast of all such upcoming events and when in doubt, he/she must ask the COR(s).

C. The Contractor shall meet with the COR or authorized designee, at the end of each day to determine work completed and ensure that work is on schedule.

D. The Contractor Supervisor shall provide WEEKLY and DAILY work schedules to the COR. The contractor is required to schedule all required services and is further required to comply with his schedule except for delays beyond his control. Such delays shall be coordinated through the COR. The work schedule shall include deficient work identified by contractor's quality control inspections and not yet corrected.

E. The Contractor shall submit the WEEKLY schedule every Friday by 3:00 P.M. indicating the work to be performed during the following week and the DAILY schedule shall be submitted on a daily basis by 8:00 A.M. indicating work being performed on that day.

F. The Contractor Supervisor shall provide weekly an accurate written report identifying all work that took place within the previous seven calendar days. The Contractor shall document services performed, indicate the location where work was to be performed, and provide information to the COR as required.

G. Where work conflicts with existing utility/service lines (above ground/below ground), the corresponding utilities company and the COR shall be notified, and the Contractor shall obtain any necessary permits/ blue prints and cooperate with the utilities company/cemetery staff to avoid any damage or liability, and provide a safe work environment for his/her employees. Contractor is responsible for damages to utilities, above and below ground.

1.8 CLEAN UP and DISPOSAL:

A. The Contractor 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 any time on Government property. 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. Refuse Facilities: The Contractor shall provide his/her own REFUSE FACILITIES, and these shall only be located in the COR approved “Staging Area”. Do not place dumpsters or refuse facilities in any other location at the cemetery other than the COR-approved staging area. The Contractor is required to 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. The Contractor is required to obtain required disposal permits from the State regulatory agency. On-installation storage or disposal of hazardous waste is NOT allowed.

1.9 WORK PERFORMED BY OTHERS ON SITE:

A. 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(s). The Contractor’s Supervisor is responsible for reporting to the COR(s) any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor 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(s) to resolve the issue.

B. The Contractor (including his or her employees, subcontractors, consultants or the like shall not operate trucks, tractors, and other heavy equipment on any burial section area except as provided in this contract to perform work or as authorized by the COR. The Contractor will be responsible for repairing damage to burial sections caused by the Contractor‘s equipment and staff at no additional cost to the Government.

1.10 WORK ENVIRONMENT:

A. All work under this contract will be performed primarily outdoors and personnel performing these services will be exposed to wind, sun, cold, dampness, frost, fog and rain. 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 so extreme such that work performed on that day may cause more damage to the cemetery grounds than good, (e.g., equipment rutting) and/or posing hazards to employees or public, 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 must exercise and exhibit absolute decorum, composure and stability at all times and refer such individuals to Cemetery Staff.

1.11 CONTRACTOR-FURNISHED ITEMS:

A. The Contractor is responsible for supplying all equipment, personnel, tools, supplies and materials necessary to perform the services required by this contract.

B. Contractor-furnished items necessary to perform work as required under this contract shall be furnished, maintained and operated by the contractor and shall be consistent and fully compliant with all applicable OSHA, Federal, State, County, City laws, ordinances and regulations.

C. The Contractor shall be responsible for the supply, maintenance and repair of all contractor-owned equipment. This includes, minor maintenance/repair and minor operating parts for equipment such as lubrication, oil changes, spark plugs, gaskets, cotter pins/keys, electric extension cords, etc., to keep all equipment in good operational condition throughout the period of performance of this contract. No contractor equipment maintenance repairs of any kind can be done on cemetery property without COR(s) approval.

D. Contractor Staging Areas: Primary staging area is to be located near the maintenance yard and a secondary staging area if needed shall be adjacent to the area where work is being conducted as approved by the COR. The Contractor is to install a 6’ high chain link fence with gates around this entire area for duration of the work. Contractor shall base operations out of these staging areas, using it for materials, equipment storage, administration, employee toilets, trash dumpster area, employee parking, employee lunch/break area, etc. After completion of project work, Contractor is to remove fencing and restore areas back to original condition.

E. The Contractor is responsible for ensuring that all of his/her motor vehicles and equipment meet State inspection, safety, licensing, registration, and insurance requirements.

F. Only Contractor equipment and supplies (property) required to perform work under this contract shall be stored at the Contractor’s designated storage area at the end of each workday. No personal property, equipment, or vehicles shall be stored on the cemetery premises.

G. 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. If Contractor hookup to Bakersfield National Cemetery electrical distribution system is approved by COR, the Contractor is to provide all necessary connections and complete connection work in accordance with NEC requirements at no additional cost to the Government.

H. Water: Water will only be made available via Contractor connection to existing Cemetery water system in locations where connection is available, and for purposes of this contract only. The Contractor is responsible for making connections to this water supply in accordance with local regulations. Coordination and COR-approval is required for water connection assemblies. Water outlets shall be equipped with shut-off valves to prevent water waste. 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 at no additional cost to the Government.

I. Portable 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, pests, 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. The 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.

1.12 STANDARDS OF EMPLOYEE CONDUCT:

A. Contractor personnel shall be required to adhere to the following standards of dress, conduct, supervision and training while performing work on Government property. These standards and regulations are enforceable under Title 38, U.S.C., Part I, Chapter 9, Section 5901. It shall be subject to immediate enforcement action by the Contracting Officer if these standards are not adhered to during the period of performance of this contract. Contractor management shall be responsible for training and safety precautions prescribed by OSHA regarding safety equipment and devices.

B. Contractor personnel shall be fully clothed at all times, to include upper garment to cover body from the waist to the neck and long pants or slacks. 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. If uniforms are used, they must be in unison among all employees. The Contractor shall maintain a neat and professional appearance throughout its workforce, vehicles, equipment, and maintenance areas. Clothing shall be clean. Overall cleanliness and personal hygiene are imperative. Garments, which have a message, slogan or printing of any kind other than the Contractor’s business attire, are prohibited. T-shirts and/or tank tops as outer garments are prohibited. Protective/safety clothing and shoes shall meet or exceed OSHA and state requirements.

C. The Contractor/personnel shall not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at any time on Government premises. Behavior and language must be appropriate, reverent, and respectful at all times. Playing radios and/or electronic games/devices is prohibited. Due to the sensitive mission of the cemetery, Contractor employees will come into daily contact with grieving individuals, therefore Contractor employees will exercise and exhibit absolute decorum, courtesy, and respect while within the cemetery or at its perimeter or entrances. Inquiries from cemetery visitors shall be politely referred to Government cemetery staff. Gratuities of any kind are strictly prohibited.

D. Contractor personnel shall consume food and beverage only within areas designated by the COR(s). Intoxication, and violence or criminal acts of any kind will not be tolerated, and is cause for immediate removal from Government property. Use or sale of intoxicating beverages and/or drugs is strictly prohibited (including legalized marijuana use). Use of tobacco products is only allowed in specific areas designated by the COR.

E. Contractor employees shall only take breaks/rest periods and lunch breaks at the Contractor Staging Area, not in the field. Eating and drinking (except water) is prohibited in the work areas and within sight of a committal shelter during a service.

F. Workers are to utilize contractor-provided temporary chemical toilet facilities located only in the Contractor Staging Area. Misconduct shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.

G. DIGNITY CLAUSE:

1. Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. 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 and flat grave markers that mark those gravesites and memorialize the service of individuals.

2. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them.

3. No tools, equipment or other items will be placed or leaned on headstones or markers.

4. Use care not to scratch or damage markers in any manner.

5. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

6. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the contractor must contact the COR, Director/Assistant Director, or Contracting Officer (CO) for guidance.

7. Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant Director, or CO for guidance or resolution.

8. The contractor is required to discuss the guidance with employees and/or subcontractors and have each employee sign a statement of compliance and deliver the signed statement to the COR before work may begin.

H. Identification, Parking, Smoking, and VA Regulations: The Contractor's employees shall wear visible identification at all times while on the premises of the Cemetery. Contractor employees may park privately owned vehicles in the area designated for parking by the COR. It is the responsibility of the Contractor to park in the appropriate designated parking areas. The Cemetery will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Workers are not allowed to park throughout the cemetery grounds, and violation of this requirement shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery. 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 answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

I. Orientation for Contractor Employees:

1. The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive complete information on each of these subjects:

a. Safety and Environmental Protection, and Fire Safety.

b. Project Work Schedule.

c. Rules Pertaining to Workers.

d. General Parameter Job Related Issues.

e. Disaster procedures.

f. All technical requirements of the project.

2. The Contractor will be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

3. The Contractor shall be responsible to ensure that his/her employees (including contractor’s consultants, subcontractors, etc.) are aware of all the terms and conditions set forth above in this solicitation package regarding their performance and conduct during the performance period of this contract. Each contractor and subcontractor employee shall sign a Statement of Compliance, (Attachment 3); 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.

J. Labor Force and Equipment:

1. Employee Listing: The Contractor shall maintain and provide the COR a current list of all employees on site including subcontractor personnel. The list shall include the employee’s name, job title, and driver’s license number.

2. Employee Identification: The Contractor's employees shall wear visible identification at all times while on the premises of the Cemetery.

1.13 SAFETY and ENVIRONMENT PROTECTION:

A. The Contractor is responsible to ensure that 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, must meet all safety requirements of Bakersfield National Cemetery's Safety Officer, Department of Veterans Affairs, OSHA, and the State. It is incumbent upon the Contractor to be familiar with these requirements. "Safety" shall also include the Contractor having a safety representative who maintains regular and routine contact with the Safety Officer at Bakersfield National Cemetery. Contractor shall provide training of the contractor’s and subcontractor’s workers to meet these requirements.

C. Adequate warning devices, barricades (orange construction fence), 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. All work areas will be secured with barricades (orange construction fence) at the end of each work day.

D. Contractor fuel storage containers shall be limited to those less than 55-gallon storage capacity. Any fuel storage shall comply with environmental laws and regulations.

E. 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.

F. 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

1.14 FIRE SAFETY:

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

1. National Fire Protection Association (NFPA):

a. 10-2013 Standard for Portable Fire Extinguishers

b. 70-2017 National Electrical Code

2. Occupational Safety and Health Administration (OSHA)

a. 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

B. Fire Safety Plan: Establish and maintain a fire protection program in accordance with 29 CFR 1910. Prior to start of work, prepare a plan detailing service-specific fire safety measures, including periodic status reports and submit to COR for review.

C. 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. Separate temporary facilities, such as trailers, storage sheds, and dumpsters, 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). Locate only in staging area where approved by COR.

E. Temporary Electrical: Install, use and maintain installations in accordance with 29 CFR 1910, NFPA 241 and NFPA 70. If temporary electrical is required, the Contractor shall notify the COR prior to use of Temporary Electrical Services.

F. Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads.

G. Fire Extinguishers: Provide and maintain extinguishers in service areas and temporary storage areas in accordance with 29 CFR 1926, 29 CFR 1910, NFPA 241 and NFPA 10.

H. Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1910, NFPA 241 and NFPA 30.

I. Smoking: Smoking is prohibited except in designated smoking areas.

1.15 OPERATIONS AND STORAGE AREAS:

A. Working space and space available for storing materials is to be where approved by COR in the Contractor’s “Staging Area”. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR or Contracting Officer.

B. 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. It is understood that the VA shall 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.

C. Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the COR and shall be built with labor and materials furnished by the Contractor at no additional cost to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at his/her expense upon completion of the work.

D. 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. 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 or pay for the repair of any damaged curbs, sidewalks, or roads.

E. Contractor personnel are subject to the rules of the Cemetery applicable to their conduct.

F. 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 clear of materials, debris, standing equipment and vehicles at all times.

G. Do not store materials and equipment in other than assigned areas.

H. Fence: Before work operations begin, Contractor shall provide a chain link fence, six feet minimum height, around the 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. Fence fabric shall be covered with HDPE privacy screen. Screen color shall be dark green or black with 85% minimum density sufficient to obscure view of the items within. After completion of project work, Contractor shall remove fencing and restore area back to original condition.

I. To minimize interference of service activities with flow of Cemetery traffic, keep roads, walks and entrances to grounds, to parking and to occupied areas of buildings clear of materials, debris and standing service equipment and vehicles. At least one lane must be open to traffic at all times.

J. Coordination of work with COR or authorized designee: The burial activities at a National Cemetery shall take precedence over service activities. The Contractor must 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. Work noise during the interment services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period.

1.16 THE GOVERNMENT’S RESPONSIBILITIES:

A. Upon award of the contract, the Government shall inform the Contractor prior to commencing the work, of any known damages to the cemetery grounds, headstones/markers or any other areas that the Contractor is unaware of and not responsible for. In addition, upon award of the contract, a walk-through of the cemetery grounds will be scheduled by mutual agreement of the Government and Contractor, and will be attended by the COR, and appropriate contractor personnel (to include the Contractor Supervisor and Project Manager). The Contracting Officer is an optional attendee.

B. The Government shall not provide the Contractor with any furnishings, fuel storage, equipment, materials, restrooms, electricity, or telephones.

C. Notification of Non-Compliance: The COR will notify the Contractor of any detected non-compliance with the foregoing requirements. The Contractor shall take immediate corrective action after receipt of such notice. Such notice, when delivered to the Contractor at the work site, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order ceasing all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such cessation direction shall be made the subject of claim for extension of time for excess costs or damages by the Contractor.

1.17 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). All utilities to this area are the responsibility of the Contractor. The Government will not be responsible for any damage to or loss of the Contractor's equipment 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…