Attachment_1_-_B-J_CATO_Forest_Reforestation_PWS_-_v1_7.docx

CATOCTIN FOREST RESTORATION Page 2 of 2

CATOCTIN FOREST RESTORATION

Performance Work Statement

1 GENERAL

This is a non-personnel services contract to provide forest restoration services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform forest restoration as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.1 Background

Catoctin Mountain Park is located in Frederick County, MD, in the Blue Ridge Mountains. In the early 1900’s, before the land was purchased by the National Park Service, the land was cleared for farming and the production of lumber and charcoal. After the land was purchased by the NPS in 1936, the fields were left fallow and many grew back into deciduous forest. The forest is fairly even-aged due to the abrupt transition from farm to forest. The western side of the park, which is where this project will take place, had the most disturbed soils, which is one reason it is infested with non-native shrubs such as Japanese barberry and multiflora rose. The areas that are the focus of this project are the most invaded by non-native shrubs. Many of these areas have large canopy gaps due to emerald ash borer damage. In order to restore the native forest ecosystem and provide more suitable wildlife habitat, the park is pursuing the removal of non-native plants followed by the planting of native trees and shrubs.

Objective Catoctin Mountain Park (CATO) in Thurmont, MD is soliciting forestry services to perform forest restoration in targeted areas of the park.

1.2 Scope

These services will include preparing a planting bed by clearing thickets of exotic shrubs using a masticator followed by planting bare root and D60 cell native trees and shrubs. Work will include, species selection, development of a work plan, treating non-native species with herbicide, and tree tube and stake installation. Work will also include maintenance of the planted area for 3 – 5 years from May – October, including treating non-native plants with herbicide, and rehammering/replacing broken stakes and tubes.

Site selection will be mutually agreed upon by the COR and Contractor based on the number of acres awarded in each Task Order. Sites must be within the site boundary shown on Attachment 2. Site selection will avoid rocky and steep areas and prioritize areas that are easily accessible. Site A is the first priority. If upon inspecting site A for steepness and rockiness, the contractor agrees that site A is suitable for the entire project, all work will be conducted in site A. Sites B, C, D, E, and F will only be worked on once all non-steep and non-rocky parts of site A have been worked.

Staging area for the storage of materials, trees, and equipment will be provided by NPS in the ballfield, see Attachment 2. Manahan Road may be closed to traffic to allow the contractor to block the road while delivering supplies and trees to the work site, as decided by the COR.

Masticator work is not permitted between April 1 and October 31 to protect the habitat of the Northern Long Eared Bats, which are listed as an endangered species under the Endangered Species Act, and nesting birds. Tree felling is not permitted between April 1 and November 14 to protect the Northern Long Eared Bat – quote accordingly.

The goal of the initial masticator work is to reduce the exotic shrubs enough so that archeologists can physically access the area to sample for archeology. Archeology work is part of a separate contract and will take several months to complete. Archeology must be completed before soil can be disturbed and before holes can be dug for tree planting and the COR will inform the contractor when archeology is complete. It is important that initial masticator work not disturb the soil before the archelogy survey. Small indentations from machine tracks is ok but large ruts over 1 inch deep are not. After the archeology survey is complete, soil disturbance will no longer be prohibited, and the area may then be masticated further to reduce debris so that a UTV or ATV can be driven between planting rows.

The COR will monitor soil conditions and will stop work if excessive soil disturbance is occurring. COR will stop work if equipment damage to existing live trees is found. The contractor will repair all ground damage incurred during the performance of operations to the satisfaction of the COR (i.e., ruts, holes, etc.). Due to the scope of this project, it is highly encouraged that contractors attend the site visit in order to fully understand the magnitude of work to be completed.

1.3 Period of Performance & Delivery Date:

ID/IQ Period of Performance 5 One Year Ordering Periods, June 15, 2024 – June 14, 2029 Individual Task Orders will have independent Period of Performance and Delivery Dates as determined at time of request for quote and award.

1.4 Recognized holidays:

No work shall take place on the following Federal holidays:

New Year’s Day – January 1st Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Juneteenth – June 19th Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

1.6 Hours of Operation: Services shall be conducted between one-half hour before sunrise to one-half hour after sunset each day except when the Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings, unless approved by the COR. The contractor will not be reimbursed when the Government facility is closed for the above reasons unless emergency services are requested.

1.7 Physical Security: There are many gates secured with combination locks in the park. Combinations will be provided to the contractor for access to closed roads and the ballfield as needed. The contractor shall be responsible for closing and locking all gates behind them at all times. Gates and locks shall not be left unsecured with no one around. Locks will not be left “open” or with the combination code visible. Failure to comply will lead to administrative actions up to and including termination of the contract.

1.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.9 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. All vehicles, including UTV and skid steer, must have contractor name visible on the exterior of the vehicle. Contractor must also ensure that all documents or reports produced by contractors are suitably marked as contactor products or that contractor participation is appropriately disclosed.

1.10 Pricing: The pricing shall be determined on Task Order basis. The awarded firm-fixed, approved price schedule shall be used to price all Task Orders under this ID/IQ.

1.11 Extent of Obligation: The ID/IQ Contract does not obligate any funds. Funds will be obligated on individual DOI - NPS – Task Orders.

1.12 Purchase Limitation: Each individual Task Order shall not exceed $1,000,000, unless otherwise modified. The minimum purchase limit shall be $2,500.00.

1.13 Individuals Authorized to purchase under the ID/IQ: Only a warranted CO from the DOI – NPS - is authorized to issue Task Orders under this ID/IQ. Other individuals from and/or associated with the NPS may be authorized, only after written request to Administrative CO.

1.14 Delivery: Delivery/Completion shall be in accordance with the individual Task Order.

1.15 Administration: The DOI – NPS is responsible for all administration and overall concerns. Only the specified organizational elements listed may be authorized to place Task Orders under this ID/IQ Contract after written approval from the Administrative CO of the ID/IQ.

2 TASKS

2.1 Site Planning – Species Selection & Work Plan

· Refer to the Table 1 the end of this section for task schedule.

· Site planning – determine species availability from vendors and develop work plan. If the quantities of species are not available as listed below, species substitutions must be approved by the COR. Trees and shrubs are required to be native to the Appalachian Mountain area.

· Three hundred seedlings per acre shall be purchased by the contractor and shall include the species and quantities below per each acre:

· Black oak – 20

· Northern red oak – 20

· Southern red oak – 15

· Scarlet oak – 20

· White oak – 20

· Bur oak – 20

· Shumard oak – 10

· Bitternut hickory – 25

· Shagbark hickory – 20

· Mockernut hickory – 20

· Slippery elm – 5

· American basswood – 15

· White pine - 10

· Shortleaf pine – 10

· Eastern hophornbeam - 10

· American hornbeam – 10

· Witchhazel - 10

· Common winterberry - 10

· Staghorn sumac - 10

· Arrowwood viburnum - 10

· Maple leaf viburnum - 10

· Planted species shall be at least 2-year-old bare root seedlings except for the hickories, which must be D60 cell or similar deep cell containers that prevent tap root disturbance. Bare-root hickory plantings have a very low survival rate because tap root pruning kills them.

· All seedling stock should come from seed trees in Virginia or West Virginia. If that is not possible due to availability with approval of the COR, seedling stock from other states may be used with states south of Maryland taking priority.

· Work plan must be approved by the COR before any work begins and will include:

· Schedule of work activities.

· Identification of nursery/nurseries from which plants will be purchased.

· Number of each species proposed to be planted per acre.

· Tree tube and stake specifications.

· Strategy for seedling placement based on shade tolerance of the species.

· Integrated Pest Management plan for controlling disease, insect pests, wildlife pests (voles), and invasive plants. Includes mowing, herbicide use, and schedules for planting and maintenance.

2.2 Clearing – Clear one acre of non-native shrubs via drum masticator (between November 1 and March 31)

· The goal is to mechanically clear and mulch the dense stands of invasive shrubs as the first step in establishing the planting bed for a tree planting project and to allow archeologists to walk through the entire site without walking through thorns or thick brush.

· Masticator work is not permitted between April 1 and October 31 to protect the habitat of the Northern Long Eared Bats, which are listed as an endangered species under the Endangered Species Act, and nesting birds. Tree felling is not permitted between April 1 and November 14 to protect the Northern Long Eared Bat – quote accordingly.

· Contractor must be able to masticate an average of 2-3 acres per day. The delivery date for each clearing Task Order will be the first April 1 following award of Task Order. The Task Order will be awarded before September 1 to give the contractor time to schedule the work.

· Non-native species to be masticated includes but not limited to Ailanthus, Japanese barberry, multiflora rose, autumn olive, oriental bittersweet, Japanese angelica tree, and bush honeysuckle. Native spice bush is mixed in and may be mulched as well, they don’t have to be protected.

· Masticator will consist of a skid steer with rubber tracks and drum masticator. Machines with tires may be used as long as they articulate and do not disturb the soil before archeology has been completed. Multiple sized machines are recommended since there will be live trees in the area that shall be protected from damage. Larger machines may not fit between live trees in all areas.

· All equipment that enters the site must be washed free of mud and weed seeds using a pressure washer before entering the park.

· All shrubs must be masticated as close to the ground as possible, but their remaining stumps shall not be more than 6 inches above the soil surface. Sturdy shrub stumps such as autumn olive, ailanthus, and Japanese angelica must be mulched so they are not more than 2 inches above the soil surface to prevent puncture of UTV tires.

· All brush and trees must be completely severed at the stump.

· All standing dead ash within the site that are more than 15 feet tall shall be felled by the contractor either by chainsaw or masticator. Snags of species other than ash are not required to be felled.

· All logs felled by the contractor and logs that have fallen naturally within the sites due to tree decline and emerald ash borer shall be cleared so that a UTV or ATV can drive between all planted rows. Logs less than 4 inches in diameter through their entire length may be left in place as long as all parts of them are in contact with the ground surface, meaning they cannot have air between them and the ground and they cannot be stacked on top of other logs, though mulching of these logs is preferred. All logs between 4 inches and 8 inches in diameter shall be masticated. All logs greater than 8 inches in diameter shall either be masticated or put into piles on-site. The pile locations shall not block masticator access to invasive shrubs and shall not block tree planting or maintenance access to any areas. Locations of log piles shall be approved by the COR. A grapple may be used, along with chainsaws, to move and pile logs.

· Ruts will be prevented proactively. During the time before archeology has been conducted via a separate contract, machines will not be permitted to drive on the site during wet conditions, to prevent soil disturbance. The COR will monitor soil conditions and will stop work if soil disturbance is occurring. It is important that surface soil not be scraped by dragging or pushing logs across the soil surface before archeology is conducted. If logs need to be moved, the logs shall be picked up and moved with the grapple and not dragged. After archeology has been completed in a separate contract, the COR will notify the contractor that soil may be disturbed for purposes of masticating or digging holes to plant trees. If the contractor prefers, they can masticate the site just enough to allow archeologists to access the entire site without being injured by thorns or walking through thick brush and then after archeology is complete they can return with the masticator to finish mulching without worry of disturbing soil, though ruts shall continue to be prevented and if ruts occur, the contractor will restore the soil grade to the original condition before the contract began.

· Masticator operator shall have at least 3-years of experience working in environments similar in type and size to this project.

· Damage to mature native trees due to contact with machines is prohibited.

· Final inspection of the clearing work shall be conducted by the COR. The contractor may be present at the final inspection. Upon approval by the COR, payment will be released to the contractor.

2.3 Tree Planting – Plant 300 trees and shrubs per acre (between September 1 and April 30).

· The contractor shall provide all labor, materials, and equipment, including tree seedlings.

· The delivery date for each planting Task Order will be the first April 30 following award of the planting Task Order, unless otherwise approved by the COR. The Task Order will be awarded as early as possible and at least 5 months before the planting window begins, to allow contractor enough time to order seedlings.

· Tree planting may not begin for a site until the clearing work has been successful and approved by the COR for that site and the archeology work from a separate contract has been completed.

· Planted species shall consist of the species and quantities listed in section 2.1.

· Site stakeout – mark planting locations on the ground in a naturalized 12-foot by 12-foot grid pattern that allows for ease of maintenance and driving UTV between rows. Stakeout must be approved by COR before planting can begin.

· All seedlings when transported or stored will be protected at all times with tarps or other appropriate means to prevent overheating and drying out of the seedlings. There will be no root pruning of the seedlings unless approved by the COR.

· Site planting – The contractor will provide and plant 300/acre native trees and shrubs on a 12’ x 12’ spacing. All seedlings shall be bare root except for hickories, which must be D60 cell or similar deep cell container. Seedlings must be at least 2 years old. Contractor will scalp away vegetation at least 5 inches by 5 inches at each planting location and will plant seedlings at a depth the seedlings were grown, which is to be the root collar. Planting holes will be properly closed to ensure that all air pockets are removed.

· The contractor will plant each tree seedling in such a manner that “J” and “U” roots will not occur, and each seedling will be firmed with mineral soil packed in and around the roots so the seedling cannot be pulled out of the ground by light tugs.

· The planting shall not be done when excess water is standing on the site or when the ground is frozen or extremely dry.

· The contractor will dip all seedling roots in Soil Moist Endo/Ecto Root Dip, which is a water retention polymer containing mycorrhizae. Since the hickories are not bare root, Soil Moist Transplant granules containing mycorrhizae will be placed in the planting hole dry. Both products are made by JRM chemical. Since watering is not required in the contract, the addition of the polymer is important for water retention and seedling survival. The contractor will provide the polymer.

· The contractor will provide 300 Tubex, Tree Pro, or Plantra brand vented tree tubes, stakes, and bird nets per acre. Tubes must be 5’ tall and stakes must be at least 5’ tall x 1”x1” and made of oak. Install vented tree tubes, stakes, and bird nets for the tubes to keep birds from falling in them, on each planted tree in a manner that prevents seedlings from being constricted by the tube fastening tie. Bird nets will be installed on each tree tube in a manner so as to prevent bird entry into the tube and far enough to keep the nets from blowing off in the wind.If shrubs will not fit in the tubes, welded wire cages will be installed around each shrub to a height of 3 feet and diameter of at least 18 inches. They shall be held in place by 1” x 1” oak stakes and fastening ties such as zip ties. All fastening ties will be pulled tightly against each stake.

· The contractor will install each tree tube stake in a straight and upright manner and to a minimum depth in the soil of 10 inches to 12 inches. The top of each installed stake will be no greater than 3 inches above the top fastening tie of the tube when tightened. All stakes will be oriented in the same direction and installed on the north side of each tube unless otherwise approved by the COR.

· Each tree tube or wire mesh cage must be labeled with the species of the seedling it protects in permanent marker that will not fade or wash off with rain.

· The contractor will properly install all tree tubes with stakes and bird netting on each tree seedling on the same day that each seedling is planted.

· Before planting, the contractor and COR shall inspect and approve each tree and shrub and flag unacceptable plants that must be replaced. Criteria for unacceptable plants:

· Trees with double leaders – only trees with a single straight leader is acceptable.

· Trees or shrubs with more than 25% of leaf area dead, lost or dropped.

· Trees or shrubs with bark wounds more than 15% of bark circumference or 2 inches in length.

· Shrubs with more than 25% die back of shrub height.

· Trees with leader die-back of more than 10% of tree height.

· Trees with branch die back more than 6 inches on 75% of branches.

· Trees and shrubs that contain diseases or pests.

· Cultivars will not be accepted unless approved in advance by the COR.

· The contractor shall submit a request for installation phase inspection when planting operations are completed. The inspection shall be scheduled by the COR on site with the contractor. At least 14 days of notice will be provided before the scheduled inspection so that it may be completed in the company of the contractor. The COR, in consultation with the contractor, will develop the installation phase punch list.

· The Contractor is encouraged to observe the inspections and will be notified of the inspection results. When requested by the contractor, a copy of the inspection results will be provided to the contractor.

· The COR must be given notice at least 48 hours before each site visit.

2.4 Monthly Maintenance – Conduct monthly site maintenance (Late May through July and October).

· The contractor is required to make monthly site maintenance visits to spray herbicide in late May, June, and July. Mowing site visits are required in October. Late May is the best time to begin treating mile-a-minute, barberry, and multiflora rose. Past experience shows that a June herbicide treatment is needed because mile-a-minute comes in a second wave. Additional site visits may be made in August and September at no additional cost to the government.

· The contractor will hold a current and valid Maryland Commercial Pesticide Applicator License at the time of any and all herbicide applications. Copy of certificate must be provided with bid package. Each herbicide applicator must have a current and valid MD pesticide registration card on their person while spraying and follow all Maryland pesticide applicator rules and regulations.

· The contractor is responsible for providing all herbicides to be applied under this contract. The only herbicides that are approved are Vastlan, Aquaneat, Garlon 4 Ultra, and Garlon 3A. Surfactant is required to be mixed with Vastlan and Aquaneat. If the contractor requests to use another type of herbicide, the COR will need a minimum of 90 days of notice to go through the approval process before the herbicide can be approved or denied.

· All herbicide application will be according to manufacturer labeling.

· Initial herbicide application will be applied in late May, not early May, because mile-a-minute will not be fully leafed out in early May.

· Masticated Areas with no plantings yet:

· Site preparation – treat non-native plants 25’ outside of the unit perimeter with herbicide. Minimize damage to native plants.

· Treat non-native plants that grow up within the masticated area with herbicide approved by the COR.

· Non-native species includes but not limited to Ailanthus, Japanese stilt grass, Japanese barberry, multiflora rose, autumn olive, oriental bittersweet, Japanese angelica tree, and bush honeysuckle.

· Prevent at least 95% of non-natives within unit from going to seed each year.

· Achieve 95% reduction in invasive plants between time of award and POP end.

· In October before tree planting, grass, invasive plants, and small brush will be mowed to a height of less than 6 inches to prepare for planting.

· Planted Areas:

· All planted seedlings will be protected from any and all damage resulting from herbicide application.

· Remove or kill vegetation within 6 inches of all tree tubes and control vegetation between rows with herbicide and/or mowing. Weed mats may be used around each tree/shrub but are not required.

· Rehammer or replace broken stakes, bird nets, and tubes as needed. All bird nets that fall off shall be collected and not left in the field.

· In order to achieve a 90% survivability rate at the end of each growing season, the contractor and COR will inspect planted trees in October each year and will flag unacceptable trees that will be replaced and replanted by the contractor before April 30 of the next calendar year. 100% survivability is not required, only 90% survivability is required. Unacceptable trees include those that are dead, have more than 25% leaf die-back, leader die-back of more than 10% of tree height, or branch die back of more than 6 inches on 75% of branches.

· The replacement tree species shall consist of the same species that did not survive. For example, if 10 bitternut hickories 2 red oaks did not survive, the contractor must purchase and replace dead seedlings with 10 bitternut hickories and 2 red oaks.

· Watering and fertilizing will not be required but will be at the discretion of the contractor to maintain plant health and will be the responsibility of the contractor.

· The COR must be given notice at least 48 hours before each site visit.

2.5 Hand Weeding Inside Tubes – July only, per acre.

· The goal is to ensure fast growing plants like Japanese stiltgrass do not smother the small seedlings and use up their nutrients. Stiltgrass is present in the park and it is unknown where it will become a problem after clearing. This task ensures that if the stiltgrass becomes a problem on certain sites, it can be controlled. It is not expected that this task will be needed on all sites or all years. Once seedlings are taller than stiltgrass, this task may not be needed.

· The contractor will remove all plants except the seedling from inside all 300 tree tubes and wire cages per acre.

Table 1

3 GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1 For this requirement the Government will provide the following:

· N/A

4 ADDITIONAL CONTRACTOR REQUIREMENTS

4.1 The contractor SHALL furnish and/or provide:

· All labor, supervision, materials, tools, supplies, signs, transportation, license, certificates, permits, personal protection equipment, and equipment incidental to and necessary to perform tree planting, non-native species control via herbicide and mastication, and planting site maintenance services at Catoctin Mountain Park in Thurmont, MD.

· All permits and renewal of any licenses and certificates that are necessary to fulfill this requirement.

· A MD Certified Pesticide Applicator must always be on the job site when herbicide services are performed. The contractor SHALL provide the pesticide applicator’s certification IDs for verification with their quote and any time there is a change in the onsite applicator. Certification and currency will be subject to verification by the Government utilizing state databases. All people using herbicide shall carry a valid and current MD Pesticide Registration Card.

· Masticator and skid steer operators must provide a resume which documents they have at least 3-years of experience working using a masticator in forested environments similar in type and size to this project.

· All heavy equipment SHALL be washed outside the park to remove noxious weeds and seeds prior to arrival at the project site. Afterwards, if the equipment is removed from the site, for any reason, it SHALL be washed outside the park prior to arriving back on site. These measures are for the prevention of introducing exotic non-native plants and seeds into the sensitive environment that is within park boundaries. This is a primary mission of the National Park Service that cannot be overlooked by the contractor.

· All safety control measures that will secure the worksite and notify the public of any potential hazards. Examples include but are not limited to caution tape, cones, and barricades. Worksites must not obstruct or imped any roadways, trails, emergency vehicle access points, or emergency infrastructure such as fire hydrants.

· In the event of an emergency the contractor SHALL first call 911 and then immediately call the parks 24-hour dispatch emergency number – 1-866-677-6677. The dispatch will immediately send out information to all on-duty Rangers.

· Provide written supervisor designation within two weeks after award: A supervisor designation is required for all on-site during all operations to direct contract personnel and maintain operations. The on-site supervisor MUST:

· Be fluent in the English language to effectively communicate with the contractor’s employees and/or subcontractors as well as the COR and other Government personnel.

· If the on-site supervisor is not present or absent due to illness or other reasons, the contractor shall provide an alternate supervisor to manage and direct all task order personnel and operations. The alternate supervisor shall possess the same qualifications as the on-site supervisor.

· The on-site supervisor shall have means of direct communication available such as phone or personal electronic device. The supervisor shall be able to respond to communications relayed through the contractor’s management channels.

· The contractor is required to establish a primary point of contact for communication with the COR. The point of contact shall be responsible for coordinating with the COR and shall possess the managerial authority to make decisions and act on behalf of the contractor. The primary point of contact shall be reasonably available during business hours to field calls and correspondence form the COR and shall be responsive. The primary point of contact is not required to be on – site during work execution.

4.2 Written Plans, Documents, Certifications Required

· Maryland Pesticide Applicator License:

· Masticator and skid steer operators resume which required experience:

· Work Schedule: Due within ten (10) days of intended start date of each Task Order

· Safety Plan: Due two (2) weeks post Task Order award

· Work Plan: Due four (4) weeks post Task Order award

· Quality Control Plan: Due two (2) weeks post Task Order award

· Superintendent and Alt written designation: POC/Project Manager for the contract due two (2) weeks post IDIQ award. Task Order Superintendent two (2) weeks post Task Order Award.

· Work/treatment log denoting the work performed by specimen: Due prior to end of Task Order period of performance.

4.3 Contractor Employee Conduct

· Professionalism: The contractor’s employees SHALL, always, while on the job site, whether on or off duty, conduct themselves in a professional, orderly, and safe manner. Rudeness, fighting, being under the influence of alcohol and/or drugs or bringing and/or consuming alcohol and/or drugs, gambling, soliciting, stealing, and any immoral or otherwise undesirable conduct shall not be permitted on the job site and shall result in immediate and permanent removal from the job site of any employee engaging in such conduct.

· All contract employees SHALL display professionalism in all interactions with the public and Government employees. The Contracting Officer may require the contractor to remove, from the job site, any employee working under this requirement for reasons of misconduct and security, or if found to be (or suspected to be) under the influence of alcohol, drugs, or other incapacitating agent(s).

· A contractor’s employee SHALL be subject to removal from the premises upon determination by the Contracting Officer that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises SHALL not relieve the contractor of the requirement to provide sufficient personnel to perform the service as specified.

· All areas used by the contractor within park boundaries SHALL be kept neat and organized. All trash and waste must be removed and properly disposed of outside park boundaries at the end of each working day. Park waste receptacles may not be used by the contractor. All equipment MUST be properly maintained and secured at the end of each day. Any fluid leaks from equipment or vehicles that leave stains or renders damage will be cleaned or repaired by the contractor to the satisfaction of the COR/POC at no additional cost to the Government. Spill kits and fire extinguishers will be kept on each piece of machinery and used to prevent spills and fires. If a spill occurs, the contractor shall use the spill kit to collect the fluid before it goes into the environment. The contractor SHALL not leave any tools, parts and/or supplies unattended in at any time while performing services.

· Contractor employees shall not loiter in any working or patron area. Upon completion of their assigned work, employees shall promptly depart from the public areas.

· All inquiries from the public or press SHALL be immediately directed to the COR/POC.

4.4 Responsibility and Liability

The contractor SHALL be responsible:

· For all damages and liability for any loss or damage to Government property caused by his/her operations and SHALL assume full responsibility for any and all damages or claims for damage resulting from injury to persons, property or equipment which might result from any service performed under this contract.

· Ensuring that proper safety and health precautions are in place to protect the work, the workers, the public and the property of others at all times in performance of this contract.

· For the repair or replacement of all damaged Government property caused by his/her operations.

· All losses and/or damages shall be reported to the CO, COR and/or POC in writing, within two (2) hours of any loss and/or damage being determined. The documentation must include at least:

· Time and Date of occurrence

· Type of Loss or Damage

· Name (s) and Number of People involved.

· Impact to park operation and/or assets effected by incident.

· Any details leading up to and after the incident.

· For all identified losses and/or damages

· The contractor SHALL take any immediate actions necessary to prevent further damage.

· Is responsible for all costs associated with reported damages and/or losses to persons or property that occur as a result of the contractor’s negligence.

· The Government, at its sole direction, may elect to repair and/or replace the damaged property.

5 ADDITIONAL APPLICABLE REGULATIONS AND POLICIES

5.1 Publications/Polices/Regulations that apply include:

· Superintendent’s Compendium

· OSHA Regulations

· CFR29 Requirements

· ANSI A300

· ANSI Z133

· ACCESS - In the event of a site/facility closure, the Contractor shall not perform or make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.

· WORK HOURS - Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

· ENVIRONMENTAL INTERRUPTION OF WORK

· Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

· Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

· PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

· Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

· The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

· Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

· The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

· ENVIRONMENTAL IMPACT - All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

· HAZARDOUS MATERIALS - Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize, or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation, or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos containing materials are not authorized for use in new construction or maintenance projects.

· GREEN PROCUREMENT REQUIREMENTS - In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

· U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

· USDA Biobased product listings published at www.biopreferred.gov.

· Energy Star® product listings published at www.energystar.gov/products.

· FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-productcategories

· RESTORATION OF RESOURCES

· Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

· Site and Access Roads – Site and public or private access roads negligently damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

· UNAUTHORIZED PERSONNEL The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

· FIRE DANGER SEASON - If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

6 DEFINITIONS

ANSI: American National Standards Institute Contracting Officer (CO): The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR): The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor: The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

CS: Contract Specialist PWS: Performance Work Statement QC: Quality Control: Actions taken by a contractor to carry out a written Quality Control Plan to ensure the performance of contracted services meet the PWS requirements Quality Control Plan: A written document created by the contractor outlining the specific actions the contractor will take to ensure the performance of contracted services meet the requirements contained within the PWS.

Quality Assurance: Actions taken by the Government to assure contracted services meet PWS requirements.

Safety Plan: A written document that takes into consideration the risk assessment of the requirement and develops reasonable measures, concepts, behaviors, and disciplines to mitigate the assessed risk.

7 PERSONAL SERVICES

The Government has determined that use of an Agreement to satisfy this requirement is in the best interest of the Government, economic and other factors considered, and this Contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal Services Contract”.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the Agreement, the contractor shall adhere to the following guidelines in the performance of the Contract:

· Contractor provides for direct supervision of all contract employees assigned to the task.

· Refrain from discussing the issues such as skill levels and hours, salaries, cost, and funding data, or administrative and personnel matters affecting contractor employees with the client.

· Ensure close communication/coordination with the CO and COR/POC, reporting problems to the COR/POC and CO as they occur.

· Do not permit Government officials to interview potential contractor employees, discuss individual performance, approve leave, or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government job.

· Do not assign contractor personnel to work under direct Government supervision.

· Maintain a professional distance from Government employees.

· Provide contractor employees with badges, if appropriate, identifying them as contractors.

· Ensure proper communications with the Government (technical discussion and government surveillance is okay, but the Government cannot tell the contractor how to do the job).

· The Government has the right to reject the finished product or result and this does not constitute personal services.

8 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

· Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO, is authorized to amend, modify, or deviate from the contract.

· Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO/PA in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

(1) Determining the compliance and adequacy of performance by the contractor in accordance with the terms and conditions of this contract;

(2) Requesting removal of unsuitable contractor employees;

(3) Ensuring adequacy of schedule and Quality Control Plan, including changes;

(4) Ordering re-performance of unacceptable work or performance by other mean, etc.

· Point-of-Contact (POC): The POC will be used if an official COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO/COR in the day- to-day on-site administration of the contract requirements.

9 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR)

· The Contracting Officer may designate a certified FAC-COR as the Contracting Officer's Representative (COR) at time of award. The COR will receive a designated COR Appointment Letter.

· The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual document executed by the Contracting Officer prior to completion of the contract.

· The Contracting Officer should be informed as soon as possible of any actions or inactions by the contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

· On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the contractor, the Contracting Officer’s Representative requests effort outside the scope of the contract, the contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

· The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

(1) Approve Change Orders and Modifications

(2) Take action to terminate the contract for default or Government convenience.

(3) Make contract adjustments under the Differing Site Conditions clause.

(4) Grant extensions of contract time.

(5) Approve assignment of claims.

(6) Make final decisions under the Disputes clause.

(7) Make final acceptance under the contract.

(8) Make final decisions under the Suspension of Work clause.

(9) Make equitable adjustments.

(10) Authorize change in amount of Payment Retention.

(11) Approve subcontractors.

(12) Approve payments with deductions or final payment.

(13) Approve use and possession prior to completion.

(14) Enforce the warranty provisions.

(15) Issue any direction that would result in a possible change to contract requirements.

10 POINT OF CONTACT (POC)

· The POC will be the COR and will assist the CO in the day-to-day on-site administration of the contract requirements.

· The POC is responsible for administering the performance of work…