992 Miramar Natural Resource Management SOW.docx

BACKGROUND:

National Cemeteries are a resting place for our nation's heroes and as such, the standards for management, maintenance and appearance of these cemeteries have been established by the National Cemetery Administration to reflect this nation's concern and respect for those interred there. The National Cemetery Administration (NCA) mission: the NCA honors veterans with a final resting place and lasting memorials that commemorate their service to our nation.

For this reason, strict adherence to these specifications is required, as well as to the National Cemetery Administration National Shrine Commitment Operational Standards and Measures (February 2021, or the most current version) and, NCA Handbook 3410 Integrated Pest Management (IPM) Procedures for National Cemeteries, in accordance with the NCA Environmental Management System (EMS), and Awareness Training.

The Biological Opinion, National Shrine Operational Standards, and Natural Resource Management Plan are provided upon request.

All work shall be in compliance with the following applicable documents to Fort Rosecrans National Cemetery Annex at MCAS Miramar:

· Biological Opinion (BO) from USFWS dated April 6, 2007;

· Natural Resource Management Plan (NRMP) dated November 4, 2009, and revisions

· Wetland Restoration Plan (WRP) dated February 1, 2010

· Vernal Pool Restoration Plan (VPRP) dated November 4, 2009

· Integrated Pest Management Plan (IPM) dated November 17, 2009 (website) Pesticide Management (marines.mil)

· Land Use Agreement (LUA) between Department of Navy and Dept. of Veterans Affairs (N6247308RP00049) dated April 21, 2008;

· MCAS Miramar Integrated Natural Resources Management Plan (INRMP) for Marine Corps Air Station Miramar, California, 2018. (website) Natural Resources (marines.mil)

SCOPE OF WORK

It is the intent of the Department of Veterans Affairs, National Cemetery Administration (Hereafter referenced NCA) Miramar National Cemetery, located at 5795 Nobel Drive, San Diego, California 92122, to award a contract to a Service-Disabled Veteran Owned Small Business (SDVOSB) for Natural Resource Management services for the Miramar National Cemetery. Contractor shall perform quarterly Natural Resource Management monitoring and reporting for Miramar National Cemetery.

This contract will be effective Augustpril 1, 2024 (or Date of Award) through March July 31, 2029 with four (4) one-year options through March 31, 2029.

PRICE/COST SCHEDULE: MIRAMAR NATIONAL CEMETERY

Contractor shall provide all labor, material, equipment, tools and supplies to perform Natural Resource Management at Miramar National Cemetery.

Base Year: April 1, 2024 (or Date of Award) through March 31, 2025

Quarterly Monitoring and Reporting

Option Year 1: April 1, 2025 through March 31, 2026

Quarterly Monitoring and Reporting

Option Year 2: April 1, 2026 through March 31, 2027

Quarterly Monitoring and Reporting

Option Year 3: April 1, 2027 through March 31, 2028

Quarterly Monitoring and Reporting

Option Year 4: April 1, 2028 through March 31, 2029

Quarterly Monitoring and Reporting

NATURAL RESOURCE MANAGEMENT

GENERAL REQUIREMENTS

Miramar National Cemetery (Fort Rosecrans Annex) has successfully completed restoration of an estimated 0.443 acres of vernal pool habitat, enhancement of approximately 0.67 acres of vernal pool habitat, and restoration of an estimated 3.9 acres of watershed upland buffer habitat as part of the site development requirements. After five years of monitoring, the vernal pool restoration project achieved success status on November 30, 2015.

QUALIFICATIONS

The NCA requires the services of an environmental consultant to provide Natural Resource Management Services for Miramar National Cemetery to ensure compliance with the Biologic Opinion (BO), the Natural Resources Management Plan (NRMP), and all subsequent management plans. The purpose of this work is to ensure that sensitive biological resources within and adjacent to the project footprint remain viable in perpetuity through quarterly monitoring and reporting. These services shall be provided quarterly in accordance with the Natural Resource Management Plan and Table 1 below.

Table 1 - QUARTERLY MONITORING AND REPORTING SCHEDULE

*This schedule is only a guideline; monitoring shall be performed quarterly as determined by the Natural Resource Manager. Reports shall be provided to the Cemetery by the end of each quarter. “Year” refers to Calendar Year.

The NCA is rThe contractor is responsible for the implementation of the Natural Resources Management Plan (NRMP). The NRMP shall be implemented in perpetuity to protect the existing biological functions and values of all preservation areas. The NRMP outlines biological resources on the site, provides for monitoring and management of biological resources by a Service-approved natural lands management organization, address potential impacts to biological resources (including adaptive management guidelines), and identifies actions to be taken to eliminate or minimize those impacts. Biological resources include vernal pool preservation areas and upland watersheds.

Note: Quarterly maintenance of vernal pool complexes and upland watershed areas, consisting of trash removal, fence maintenance, and weed control as required by the NRMP, will be performed under separate contract.

NATURAL RESOURCE MANAGEMENT PLAN

The purpose of the NRMP is to provide the cemetery staff as well as the Natural Resource Manager with guidance on protecting on site and adjacent natural and biological resources from unplanned and indirect impacts associated with the development and operation of the cemetery.

These adjacent areas outside of the approved project footprint include a large vernal pool complex along the northern site boundary, a canyon supporting riparian vegetation in the northwestern corner, steep slopes along the southern parcel boundary, and several small vernal pool "islands" that will be surrounded by cemetery development (any vernal pool areas outside of the approved project footprint and not within the large vernal pool complex in the northern portion of the site are collectively referred to as the vernal pool islands).

Management responsibility also extends to the vernal pool restoration and enhancement areas which began following successful completion of the 5-year maintenance and monitoring period for these areas, and continues under this contract.

The Contractor shall provide:

A. Natural Resource Management Monitoring and Reporting:

1. Provide Natural Resource Management services at Miramar National Cemetery through quarterly Monitoring and Reporting on the status of natural and biological resources including enhanced and/or restored vernal pools, as required by the BO and NRMP.

2. Areas protected from cemetery development and operations will be visually inspected for changes during quarterly maintenance and monitoring visits, and all observations will be documented and remedial measures identified. Any sensitive species observed/detected during these visits also will be documented. If remedial measures are needed to protect vernal pool resources, they will be reported to the Cemetery for implementation (i.e., trash removal, fence repair, exotic species removal, etc.). Any substantial changes will be monitored more closely to determine the necessity of additional measures. Such visits shall include the monitoring of the following:

a. General monitoring of vernal pool complexes and other areas protected from cemetery development and operations;

b. Monitoring of vernal pool islands and vernal pools/ephemeral basins within 100 feet of cemetery development;

c. Monitoring of areas 50-feet beyond limit of cemetery development and operations;

d. Spread of exotic plant species;

e. Herbicide or pesticide use;

f. Animal damage/nuisance wildlife;

g. Improper landscaping maintenance activities including wrongful disposal of trash/debris, vegetation clippings and similar materials in the vernal pool areas or in any other area beyond the boundaries of cemetery development;

h. Ensuring that the irrigation system for the cemetery is not directing runoff into the protected vernal pool areas;

i. Storm water detention basin maintenance/implementation of the Storm Water Management Plan (SWMP);

j. Inspection of fences and signs for any needed repairs;

k. Trash removal and vandalism repair;

l. Maintenance of interpretive signs;

m. Proper handling of hazardous materials and wastes;

n. Fire/flood management;

o. Ensuring that all applicable management elements and tasks are implemented during each phase of cemetery construction and as an ongoing component of cemetery operations.

p. And any other management elements listed in the BO and/or NRMP.

3. Prepare an annual report in accordance with the NRMP that summarize the previous year's management and monitoring as well as that anticipated for the upcoming year. The annual management reports will be submitted to the USFWS staff biologist responsible for MCAS Miramar. Submit copies of the report to MCAS Natural Resource Management Division and the NCA for informational purposes only.

4. Review and make any necessary revisions to the NRMP at 5-year intervals. Implementation of the NRMP shall be consistent with and complementary to the MCAS Miramar Integrated Natural Resources Management Plan (INRMP) because the parcel is also managed under the INRMP.

5. Support Cemetery Director and Pacific District with Planning and Contracting Support Services for operations and maintenance activities required to implement elements of the BO and NRMP, when applicable.

AWARENESS TRAINING:

The Natural Resource Manager shall provide Awareness Training: As directed by the Natural Resource Management Plan, all contractors and VA Cemetery employees working within the boundaries of the Miramar National Cemetery are required to participate in Awareness Training to familiarize themselves with the sensitive habitats and special status species associated with the Cemetery.

The Awareness Training Manual and Training Materials are maintained by the Cemetery Director. As new employees are hired, the Natural Resource Manager shall provide training with documentation maintained in the Awareness Training Manual.

CONTRACTOR PERSONNEL: The Contractor shall provide a Natural Resource Manager who shall be responsible for the performance of work. The Natural Resource Manager shall be an employee of the contractor and qualified to perform the work of Natural Resource Management, have a Bachelor of Science, Bachelor of Arts, or equivalent degree from an accredited university in Environmental Science, or related field. The Natural Resource Manager shall have a minimum of 5 years of experience in the performance of Environmental Monitoring and Reporting with at least 2 of those years spent on vernal pool or other sensitive wetland habitats. The name of this person shall be designated in writing to the Contracting Officer.

Company Name:

Address:

Phone No:

Fax No:

Natural Resource Manager Name:

Email:

STANDARDS OF EMPLOYEE CONDUCT: Contractor and contractor personnel shall be required to adhere to the following standards of dress and conduct while performing work in the National Cemetery.

Be fully clothed at all times, to include long slacks or pants and shirt, buttoned up from neck to waist. Clothing shall be clean each day. Any soiled clothing should be cemetery work-related that day. T-shirts and/or tank tops as outer garments are prohibited. Shoes/boots shall have no holes or loose soles. When applicable, steel-toed shoes will be required in accordance with OSHA. Contractor employees shall maintain personal hygiene.

Shall not engage in loud or boisterous behavior or use profane or abusive language. Shall show proper reverence during committal service (SEE DIGNITY CLAUSE)

Not eat or drink beverages except water or non-alcoholic drinks while neither in work area nor in site of committal shelter during a service. Use of intoxicating beverages and/or drugs is strictly prohibited.

Contractor personnel shall not lean, sit or stand on or against headstones or monuments. No tools, equipment or other items shall be placed or leaned on headstones or monuments.

The only designated smoking area for the Miramar National Cemetery is located by the employee parking or an area designated by the COR. All other areas are designated as NO SMOKING.

DIGNITY CLAUSE:

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.

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

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

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

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

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.

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

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. (END)

USE OF CEMETERY FACILITIES:

The Government shall not be responsible for any loss, damage, or theft of contractor items.

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 his employees park in the appropriate designated parking areas. The Cemetery will not invalidate 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.

All contractor personnel operating vehicles on government property must possess a valid state driver’s license.

The Government is not responsible for any damage, theft of vandalism to privately owned vehicles parked on cemetery property. All Contractor employees park on cemetery property at their own risk.

The Government will not provide the Contractor with a fenced storage yard to store supplies, tools and equipment related to the implementation of this contract. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Cemetery facilities used by Contractor's employees.

Phone service will NOT be furnished by the Government for the contractor’s work area. However, government will provide all electricity and water used on and for the implementation of this contract.

WORKMEN'S COMPENSATION: The Contractor agrees to procure and maintain for the period, Workmen's Compensation and employers Public Liability Insurance in accordance with the laws of the State of California. The policy shall provide coverage for Public Liability limits of not less than statutory limitations if more than one person is involved.

EVIDENCE OF COVERAGE: Before commencing work under the contract, the Contractor shall furnish to the Contracting Officer a certificate of insurance indicating the coverage outlined in 5 and 7 of the General Requirements and it shall contain an endorsement to the effect that cancellation of any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30-day advance written notice of cancellation or change is furnished to the Contracting Officer.

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 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 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 California.

At a minimum, the Contractor shall preserve the health, appearance, and esthetic value, of all trees/shrubs while preventing damage to human life, property and the ecosystem and demonstrate a clear understanding of, and the sensitivity to environmental issues. Work shall be consistent and fully compliant with all applicable Federal, State, County and City laws. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be used. The Contractor shall provide the least possible interference with cemetery operations, or annoyance to, NCA employees and the public. Qualified and trained persons shall do all work. All tools shall be clean, sharp, in proper working order and shall be checked for safety before each job. All work under this shall be performed in accordance with the requirements of the United States Department of Labor Occupational Safety and Health Administration.

The Contractor shall be held responsible for the cost of any repairs caused by negligence or abuse on his part or on the part of his employees.

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. When required, appropriate safety equipment shall be furnished by the Contractor to 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:

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

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.

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.

LIABILITY DAMAGE: The Contractor shall take all necessary precautions to prevent damage to any trees, headstones, markers, monuments, flower vases and all other cemetery structures during execution of this contract. The Contractor shall immediately report any and all damage to the COR. As directed by the COR, the Contractor shall repair or replace in a timely manner any damaged or destroyed item, at the Contractor’s expense. The Contractor shall be charged current replacement costs for headstones or other property damaged as a result of actions by Contractor personnel.

WORK HOURS:

Work Hours: Work may be performed between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday unless otherwise directed by the COR. At the Contractor’s request, and with the written permission of the COR, work may also be permitted to be scheduled for weekends and / or Holidays. In emergency situations caused by the Contractor, or when severe adverse weather prohibits work during the week, the Contractor shall arrange with the COR to work on weekends and/or holidays in order to meet performance time frames. The Government shall not compensate the Contractor for any alternate work schedules needed for the Contractor to complete all work within the specified project duration. No work will be permitted during Memorial Day or Veteran’s Day weekend activities. Notwithstanding, if any work under this will be required outside of the VA's normal working hours (8:00 a.m. to 4:30 p.m. Monday through Friday), the Contractor shall request for a deviation in writing to the COR at least 24 hours in advance. The COR will notify the appropriate individuals regarding Contractor's anticipated schedule and will provide written approval or disapproval to the Contractor.

Holidays, the Contractor is not required to provide delivery services on the following National Holidays nor shall the Contractor be paid for these holidays:

When a holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday by U.S. Government agencies. Also included, would be any other day, specifically declared by the President of the United States of America to be a National Holiday.

ADDITIONAL REGULATIONS: The Contractor shall comply with all Federal, State, City, and County laws, ordinances and regulations including, but not limited to OSHA standards, applicable to the work being performed.

WORK SCHEDULING AND MAINTENANCE DURING CEMETERY FUNCTIONS: Contractor personnel shall not operate motorized equipment or conduct other commercial activities during interment services. 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.

SCHEDULE FOR DELIVERABLES: If for any reason any deliverable cannot be delivered within the scheduled time frame the contractor is required to explain why in writing to the contracting officer, including a firm commitment of when the work shall be completed. This notice to the contracting officer shall cite the reasons for the delay, and the impact on the overall project. The contracting officer will then review the facts and issue a response in accordance with applicable regulations.

BILLING/INVOICE FOR PAYMENT: Invoices will be submitted electronically, monthly in arrears, to the Finance Office in Austin Texas. See Contract Clauses section.

LICENSES/PERMITS/INSURANCE: Contractors shall provide the COR with proof of insurance, all licenses and permits required to perform the services in this CONTRACT within 10 days from date of award of a contract.

CHANGES TO THE STATEMENT OF WORK: Any changes to this Statement of Work shall be authorized and approved only through written correspondence from the Contracting Officer. The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect the price, quantity or delivery terms of this contract.

A copy of each change will be kept in a project folder along with other products of the project. Costs incurred by the contractor through the actions of parties other than the contracting officer shall be borne by the contractor.

REPORTING REQUIREMENTS: The contractor is required to provide the Contracting Officer’s Representative (COR) with monthly written progress reports. These are due to the COR by the close of business on the final business day of the month. The COR is required to provide monthly progress reports to the contracting officer.

The progressive report shall cover all work completed during the preceding month and shall present the work to be accomplished during the subsequent month. This report shall also identify any problems that arose and a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved with an explanation.

PERFORMANCE EVALUATION MEETING:

As will be discussed during the Post Award Orientation meeting, the issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting among the Contractor, Contracting Officer, and the Contracting Officer Representative. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. Minutes of the meeting(s) will be signed by the Contractor, Contracting Officer, and the Contracting Officer Representative.

Should the Contractor not concur with the minutes, he/she shall state in writing to the Contracting Officer within ten calendar days any areas he does not concur and 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. The Contractor shall be notified of the decision in writing within ten calendar days by the Contracting Officer.

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.

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, a letter must be written to the responsible organizational element requesting corrective action is taken.

When the Contractor is not meeting the 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.

When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements Summary as attached hereto.

If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate amount deducted from the periodic payment.

A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice at any time he/she deems appropriate.

Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

-END OF WORK STATEMENT-