A.02.11 PWS.pdf

PERFORMANCE WORK STATEMENT

FOR

LAW ENFORCEMENT SERVICES

BURNSVILLE LAKE

BRAXTON COUNTY, WV

1. The Contractor shall perform law enforcement services as described below at Burnsville Lake, Braxton

County, West Virginia, to include the following areas:

a. Riffle Run Campground

b. Riffle Run Day-Use Area (includes Downstream Area, Marina/Launch Area, Left Fork Picnic Area, and all areas around Burnsville Dam, the Resource Manager’s Office, and the Maintenance Compound)

c. Bulltown Day-Use Area (includes Launch Area, Beach, and Picnic Area)

d. Bulltown Confederate Overlook

e. Bulltown Campground

f. Bulltown Historic Area

g. Falls Mill Area

h. Falls Mill Route 19 Overlook

2. The Contractor has averaged 4 (four) brief trips to the project per week during the recreation season.

Services eligible for reimbursement shall be those additional scheduled patrols of surveillance as set forth in this agreement.

3. The Contractor shall provide only uniformed officers operating in marked vehicles. All patrol officers shall have the following training and qualifications:

a. One year's experience with a police department and training in law enforcement. All officers shall be certified by the West Virginia State Police Academy (in addition to one year's experience).

b. Contractor shall be required to provide proof of certification and/or arrest authority/police powers prior to officers beginning work on the project.

4. The Contractors duties shall include vehicle and foot patrols, or a combination of these patrols as necessary.

In special situations the Contractor may be requested to assist with patrols of the lake and/or wildlife management areas. These special patrols will be arranged in advance except in emergencies. Officers shall be actively engaged in enforcing all civil and criminal laws of the State of West Virginia and Braxton County, and shall enforce posted restrictions and assist visitors when requested. During each shift, all loops of each area shall be patrolled at least once, and officers shall talk to visitors to see if problems exist.

In addition, the Contractor’s officer may be asked to lock or unlock gates, barricades, buildings, or other facilities as requested by the Resource Manager or designee in any of the patrol areas listed in Paragraph 1.

Officers shall check gates, barricades and doors for security or tampering a n d to a s s u r e a c ce s s t o t h e m i s n o t r e s t r i c t e d at frequencies as instructed during the orientation meeting. Officers shall immediately investigate and report to the Resource Manager any vandalism, theft or suspicious and/or uncommon events and note any such activities, including non-functioning security lights or other maintenance issues, an d th e se sh a l l b e n o ted on the officer's daily log. Foot patrol requirements and/or frequencies will be addressed by the Burnsville Lake Resource Manager at the orientation meeting.

The Contractor’s officer shall check all areas around Burnsville Dam, the Resource Manager’s Office, and the Maintenance Compound, and be alert for security concerns.

Emphasis shall be placed on maintaining a family atmosphere. Rowdyism shall be dealt with, in cooperation with Rangers, normally by eviction from the area. Other areas of emphasis are drinking that disturbs others, illegal drug use, parking in the grass, more than two vehicles per site in the campgrounds, no pets in Loops E/F in Bulltown Campground, no-wake violations, litter, fireworks, etc. Due to the alcohol restriction at the Bulltown Beach, emphasis shall be placed on that area for visitor compliance.

During the period from 10:00 p.m. to the end of each scheduled shift, in accordance with posted restrictions or as directed by Burnsville Lake’s COR, the Contractor 's officer shall check and clear vehicles and visitors other than fishermen and boaters from the following areas:

a. Riffle Run Day-Use Area (includes Downstream Area, Marina/Launch Area, and Left Fork Picnic

Area)

b. Bulltown Day-Use Area (includes Launch Area, Beach, and Picnic Area)

c. Bulltown Confederate Overlook

d. Bulltown Historic Area

e. Falls Mill Area

f. Falls Mill Route 19 Overlook

In situations deemed necessary by the COR or designee, the officer may be required to assist with evacuations and other emergency situations, to direct traffic, or to provide crowd control.

The Contractor will be provided with and held responsible for one key for each of the gates, buildings, and facilities he is requested to lock or unlock. Keys shall be returned to the Resource Manager upon completion of this contract.

5. The Contractor will be paid for one-man patrols as specified on the Work Schedule Calendars. During each patrol the officer shall make at least one visit to each designated area.

6. Attached as Exhibit B are estimated Work Schedule Calendars for May, June, July, August, and September. On these calendars, tentative dates, tours of duty, and total number of hours to be worked per day are specified.

Due to the variation in the number of full-time hours worked vs. part time hours worked, the Resource Manager may adjust the number of hours available to work on the Work Schedule Calendars monthly to maximize coverage. These adjustments will not result in a net increase in the dollar amount called for in this contract.

Also, as deemed necessary due to unexpected circumstances (e.g., special events, emergencies, etc.), the Resource Manager, with the mutual agreement of the Contractor, may reschedule hours allotted to optimize the service. Should the Contractor's officer be called away from Corps duty due to local law enforcement needs, which results in a decrease in hours served during the scheduled time, the Resource Manager may shift the balance of the unused hours to another date and time.

7. The Burnsville Lake Resource Manager and the Contractor shall be designated to issue and receive requests for reimbursable law enforcement services under this Contract Agreement.

8. The Contractor shall submit to the Resource Manager, Burnsville Lake, no later than the 5th day of each month, two copies of an invoice for services provided the previous calendar month. The Contractor shall indicate the number of patrol hours worked, the starting and ending dates of the billing period, and the total charges using the following rates: Cost per man hour $_____ (regular time), Cost per man hour $_____ (overtime rate), and Cost for equipment hour $_____. The limit on payment for law enforcement services that may be claimed by the Contractor is $_________.

9. The Contractor's patrol officer shall provide a Daily Law Enforcement Log in accordance with the attached format (See Exhibit A). Completed daily logs shall be signed by the Contractors officer and shall be submitted to the Resource Manager or designated representative at least once monthly, no later than the 5th day of the month. Failure to properly complete Daily Enforcement Logs may result in the Contractor not being paid. Daily log sheets must be properly and legibly completed and signed by the patrol officer.

10. All officers who plan to work any part of this Contract agreement must attend the orientation meeting

(approximately 2 hours). The Contractor will be contacted well in advance to arrange a mutually agreeable date, time, and location for the meeting; and the Contractor will be paid the man-hour hourly rate for all officers who are in attendance for the entire orientation meeting.

11. Patrol Verification. The Contractor’s officer shall begin each shift at Riffle Run Campground at the time designated on the Work Schedule Calendars, unless an alternate starting place has been approved in advance by the Resource Manager. Upon arrival, the officer shall immediately document the entry time using the time clock provided at Riffle Run Campground. Once a patrol of all areas on the Riffle Run End of the Project (listed in Paragraph 1, Items A-B) is completed, the Contractor's officer shall clock out using the time clock at Riffle Run Campground. Likewise, on the Bulltown End of the Project, the officer shall immediately clock in upon arrival using the time clock provided at Bulltown Campground. Once the officer has patrolled all the areas on the Bulltown End of the Project (listed in Paragraph 1, Items C-H), the Contractor’s officer shall clock out using the time clock at Bulltown Campground and proceed directly back to Riffle Run Campground. The Contractor will be reimbursed travel time between Riffle Run End of the Project and the Bulltown End of the Project at approximately 25-30 minutes one way. The Contractors officer shall maintain radio contact with the 911 Center and be available for call from Corps staff during transit times. Failure of the Contractors officer to clock out prior to departing one area and immediately after arriving at another area when traveling between areas may result in the Contractor not being reimbursed for required patrols.

At the beginning and ending of each shift, and each time a Contractor’s officer arrives at or leaves an area for any reason other than to be in direct transit from one of the areas listed in Paragraph 1 to another of these areas, the officer shall document the correct time using a time clock. Failure to properly clock in and out may result in the Contractor not being paid. In the event a time clock is missing or malfunctioning, the officer shall sign in and out and enter the correct arrival / departure time in the logbooks provided. From time to time the Corps Resource Manager/Rangers will make periodic radio checks with the Contractor's officer to ensure radio contact.

Officer(s) shall remain in the designated areas or be in direct transit from one area to another for the duration of the scheduled shift. From time-to-time Corps staff will contact the officer on duty in-person or via radio (appropriate Corps personnel have access to radio frequencies used by the Contractor and routinely monitor said frequencies during patrol hours. Use of these frequencies by Corps personnel is rare).

In the event Contractors officers are required to deviate from the agreement requirements, such as answering a call not related to the Government agreement, the Contractors officer(s) shall notify Corps personnel in-person, by radio, or by phone (mobile or land line) prior to departure and again upon resumption of duty, (as appropriate). In non-emergency cases, the time clock shall be punched prior to departure and again upon returning to duty. The hours in which the officer(s) is absent from designated patrol areas shall also be indicated on the daily enforcement log. The Contractor will not be paid for those hours. The Government will monitor the Contractors performance in each functional area under this agreement by random sampling as defined in a Quality Assurance Surveillance Plan.

Refer to number 6 (six) above for reallocation of unused hours.

12. SECURITY REQUIREMENTS

a. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

b. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative).

The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

c. For contractors who do not require CAC but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

d. Suspicious Activity Training. The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

e. For Contractors that Require an OPSEC Standing Operating Procedure/Plan. The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

f. Pre-Screen Candidates Using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

13. SAFETY REQUIREMENTS

a. General. Contractor shall comply with all Federal, State and Local safety requirements including those specified by the Occupational Safety and Health Act (OSHA) in 29 CRF 1910 General Industry Standard, 1926 Construction Standard and the U.S. Army Corps of Engineers Safety & Health Requirements Manual EM 385-1-1 as currently revised at date of solicitation. Where a conflict exists between safety standards/requirements the contractor shall comply with the more stringent requirement. If the Contractor fails or refuses to promptly comply with safety requirements as specified herein, any project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

b. Contractor Safety Meetings. Special attention is given to the requirement for monthly and weekly safety meetings. The Contractor may use safety program materials available from the Huntington District’s Safety and Occupational Health Office for these meetings, subject to availability. The Contractor shall inform the COR a minimum of 7 days prior to each Contractor monthly safety meeting of the date, time, location, and agenda of that meeting.

c. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the COR any potential hazards found by his employees on the project. The Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work.

d. Accident/Mishap Reporting: The Contractor shall report all recordable mishaps to the GDA within 24-hours in accordance with EM 385-1-1 Section 01.D. Accidents shall be investigated to determine causal factors and corrective actions shall be implemented. Accidents resulting in: days away injuries, days away illnesses, restricted/transfer injuries, property damage of $5,000.00 or more shall be investigated and reported to the GDA using the USACE Accident Investigation Report Form ENG 3394 within 24 hours of the occurrence.

(1) Immediate notification to the GDA is required for all serious accident

a. Fatal Injury/illness;

b. Permanent totally disabling injury/illness;

c. Permanent partial disabling injury/illness;

d. One (1) or more persons hospitalized as inpatients as a result of a single occurrence;

e. $500,000 or greater accidental property damage;

f. Three (3) or more individuals become ill or have a medical condition suspected to be related to a site condition, or a hazardous or toxic agent on the site;

g. USACE aircraft destroyed or missing;

The Contractor shall maintain an OSHA Log of Work Related Injuries and Illnesses, OSHA Form 300 and comply with all accident reporting and recordkeeping requirements specified in 29 CFR 1904.39.

(2) In addition to the above, any mishap occurring in any of the following high hazard areas shall be reported immediately to the GDA, investigated and corrective actions implemented.

a. Electrical (includes Arc Flash, electrical shock, etc.);

b. Uncontrolled Release of Hazardous Energy (includes electrical and non-electrical);

c. Load Handling Equipment (LHE) or Rigging;

d. Fall-from-Height (any level other than same surface)

e. Underwater Diving