Attachment 2 - Performance Work Statement.pdf

Performance Work Statement

SECTION C-1

General

C-1.1 PROJECT INFORMATION.

The West View COOP Site is located at 100 Valley Hi Drive, Allegheny County, Pittsburgh, PA. 15229. in County, PA. This site is occupied by the U.S. Army Corps of Engineers employees.

C-1.2 SCOPE OF WORK. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing, grounds maintenance, and other maintenance services at the West View COOP Site as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Appendices, etc., contained herein or incorporated by reference.

It is emphasized that the work described in this contract is a critical part of the Corps’ mission. The work described will be performed on the West View COOP Site grounds. The Corps is committed to "Customer Care" and providing quality professional service.

C-1.3 TASK ORDERS. All work under this contract will be ordered by issuance of individual Task Orders (SF 1449). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer. Under normal conditions, Task Orders will be issued that require response within 24 hours after receipt. The Task Order will list those items from the contract schedule that are to be performed, include funding for the ordered work, state the period of performance covered and provide invoicing instructions. Only the Contracting Officer, by issuance of a modification, may make any change to a Task Order.

All invoices are to be submitted to the COR for review no later than the 15th day of the month following the month the services are performed.

The weekly/bi-weekly/monthly schedule will be discussed at the pre-work meeting. The Contractor will provide a formal schedule for review and approval by the COR within three business days, as needed per Task Order.

If needed, after final payment has been made for services received on a task order, the Contract Specialist will send an email notification with information addressing service(s) not used during the performance period. Subsequently, a unilateral modification will be issued by the Contracting Officer to de-obligate funds for services not used and to reflect the services actually received by the government.

C-1.4 DISTRIBUTION. The contractor will provide the site foreman with a copy of the contract (Performance Work Statement and Attachments/Appendices) and site supervisors with their pertinent section of the contract to ensure complete and thorough service to the Government.

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 8:00 a.m. to 3:00 p.m. Eastern Time (ET) or as specified on the Task Order. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Contracting Officer Representative (COR). Refer to individual sections of this PWS for specific schedules of work.

b. Holiday Work. The ten Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May)

Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the

COR.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the COR when severe conditions make it impractical or dangerous to perform the work. The Contracting Officer will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.

d. Notifications. Inclement weather and emergency notifications will be made by telephone call to the contractor in a timely manner as the government is able once the determination is made that an emergency or weather situation warrants notification and it will be followed up with an email.

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR at the pre-work conference for this contract:

a. Quality Control Plan. A suggested outline of components for the Contractor's Quality Control Plan is in Appendix I.

b. Contractor Quality Control Inspector. List of Quality Control Inspector(s) and contact information.

c. Contractor Representatives. List of names of Contractor’s authorized representative(s) and contact information.

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan is in Appendix II. See Section C-1.9.b for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor authorized representatives) to call in case of emergencies.

f. Certificate of Insurance. See Section C-1.32a.for requirements.

g. Security Requirements. See Section C-1.9.h for requirements.

h. A letter of compliance and a signed release from the dump site property owner, if applicable.

i. A letter from either the sewage plant accepting sewage or the state environmental agency approval of an alternate dump site, if applicable.

j. Contract Overview Workbook. Tabs for Security, Quality Control Inspector, Contractor Representatives, Emergency Contacts, etc. assist the COR in overseeing this contract. The contractor shall update this workbook monthly and submit it to the COR along with monthly invoices. An example is provided in Appendix III.

C-1.7 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 calendar days after notice of award of the contract. A hat with the Contractor’s company logo may also be worn. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms.

Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification. These are to be professionally- made vinyl stick-on magnetic type signs. ‘Homemade’ signs made on a computer or with magic marker or stick-on letters and numbers on cardboard, etc., are not acceptable.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the COR. All vehicles used in performance of work must be marked.

Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Contracting Officer may issue a stop work order for 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.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1 (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf) ), and all applicable Federal, State, and Local laws, ordinances, criteria, rules and regulations. If there are any standards that require interpretation, submit matters to the appropriate administrative agency for resolution before the commencement of work. Where the requirements herein, applicable laws, criteria, ordinances, regulations, or referenced documents vary, the most stringent requirements govern.

b. Accident Prevention Plan (APP). Accident Prevention Plan (APP). Due to the nature of anticipated work, the Contractor may submit an abbreviated Accident Prevention Plan (APP). The Abbreviated APP shall be developed in accordance with EM 385-1-1 Appendix A, Paragraph K. In addition to the items specified as part of the Abbreviated APP, other programs and procedures pertinent to the Contractor’s anticipated activities shall be submitted as appendices to the APP. This APP and applicable appendices shall be submitted and approved by the Contracting Officer’s Representative at least one week prior to the pre-work conference and prior to commencement of any work. The Abbreviated APP Form, Form A-01, of the EM 385-1-1 may be used by the Contractor in the development of their Abbreviated APP.

Due to the recent COVID-19 pandemic, all Contractors that perform operations on LRP USACE-owned/operated facilities are to include an Infectious Disease Exposure Prevention, Preparedness, and Response Plan as an addition to their overall APP. The plan shall describe how the Contractor will implement the requirements and best practices issued by Federal, State, and Local authorities in order to prevent the spread of COVID and/or other infectious diseases.

Once accepted by the Contracting Officer’s Representative, the APP and all attachments will be enforced as part of the contract. Disregarding provisions of this contract or the accepted APP is a cause for stopping of that portion of the work at the direction of the Contracting Officer’s Representative until the matter has been rectified.

A copy of the accepted APP shall be available on the worksite at all times. The Contractor shall provide https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf on-going evaluations of the APP throughout the life of the contract. Changes, revisions, and updates to the APP shall be reviewed and accepted by the Contracting Officer’s Representative.

c. Activity Hazard Analysis. A risk management assessment tool, such as activity hazard analysis (AHA), job safety analysis (JSA), or job hazard analysis (JHA) shall be developed by the contractor performing the work for each activity, task, or defined feature of work (DFOW). The assessment shall identify the work sequence, specific anticipated hazards, site conditions, equipment, materials, personnel, and the control measures to be implemented to control the hazards. If Qualified or Competent Persons are required for a particular activity, they shall be identified and included in the assessment, and their competency/qualification identified. Work shall not begin until the assessment has been accepted by the Contracting Officer and discussed with all engaged in the activity.

These risk assessment tools are considered living documents and shall be updated as needed. If the risk assessment code (RAC) increases from what was originally accepted by the Contracting Officer, the assessment shall be re-submitted for acceptance prior to work proceeding. Changes that do not increase the RAC are not required to be resubmitted for acceptance.

The risk assessment shall be developed in accordance with EM 385-1-1 Section 1, or as specified by the Contracting Officer. Risk assessments shall be submitted for review at least 15 working days prior to the start of the activity, task, or defined feature of work is set to begin. The Government reserves the right to require the Contractor to revise and resubmit any documents if they fail to effectively identify the work sequence, specific anticipated hazards, site conditions, equipment, materials, personnel, and the control measures to be implemented.

Each employee performing work as part of an activity, task, or defined feature of work shall review the risk assessment for the activity and sign the signature log designated for the assessment prior to beginning work. A signature log shall be maintained for each risk assessment.

d. 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 their employees on the project. The Accident Prevention Plan shall include procedures to be taken to provide for public safety. Additionally, 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 under a Task Order.

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear shirt-pants/shirt-skirt (as detailed in C-1.8), and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, hearing protection, gloves, face masks, and/or infectious disease prevention measures shall be worn by employees when required by Safety Manual EM 385-1-1 and CDC guidelines. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual EM 385-1-1 standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so TWO certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual EM 385-1-1.

Copies of their certification shall be provided to the COR. Individuals working alone shall be trained in First Aid. The Government has no responsibility to provide emergency medical treatment.

g. Implementation of Safety and Occupational Health (SOH) Program. Based on the limited-scope of this Contract, in lieu of appointing a Site Safety and Health Officer (SSHO) at the project site, the Contractor may appoint a Designated Representative (DR) at the site to function as a collateral duty safety person, provided that an individual meeting the requirements of an SSHO as stated in EM 385-1-1 Section 1, Paragraph A.17 supervises the functioning of the DR. The DR shall perform safety programs and tasks as prescribed by the SSHO and report safety findings to the SSHO. SSHO or DR shall be on site at all times work is being done.

Note: Any activities that have a RAC of high or extremely high retracts the allowance to only have a DR, and shall have an SSHO on site.

h. Unforseen Hazardous Materials. USACE shall identify and communicate all known hazardous materials in which the Contractor may come into contact with during the course of activities. If material is encountered that was not indicated, but may be hazardous to human health upon disturbance, that portion of the work shall stop, and the Contracting Officer immediately notified. The Government will determine within 14 days of notification if the materials is or is not considered hazardous. If the material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If the material is determined to be hazardous or dangerous and handling of the material is necessary to accomplish the work, the Government will address as appropriate.

i. Hazardous Material Exclusion. Notwithstanding any other hazardous material used in this contract, radioactive materials or instruments capable of producing ionizing/non-ionizing radiation, as well as materials which contain asbestos, mercury, polychlorinated biphenyls, diisocynates, lead, or hexavalent chromium are prohibited. The Contracting Officer, upon written request by the Contractor, may consider exceptions to the use of any of the above excluded materials.

j. Security Requirements.

1. ANTI-TERRORISM/OPERATIONAL SECURITY (AT/OPSEC) per ENG Form 6055.

i. AT/OPSEC 2. 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 Marshall 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.

ii. AT/OPSEC 2b. 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.

iii. The contractor shall submit the full name, valid Driver’s License number and State of Issue, Date of Birth, Citizenship and Place of Birth for all associated contractor or subcontractor employees to the USACE Security Chief Joseph M. Bali, 412-395-7162, joseph.m.bali@usace.army.mil. (See Appendix V AT/OPSEC Information Sheet). If an employee does not have a valid Driver’s License, the Social Security Number shall be provided. This information shall be either securely emailed or faxed with a coversheet to protect personal information to 412-395-7173. Do not phone the Security Office to provide information over the phone. In addition to the employee information required above, the email or FAX) shall contain all the following information:

Company Name Point of contact in case of questions: Name, phone number & email Project Title and Location of project Name of COR https://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=48:2.0.1.1.1.2.1.28 https://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=48:2.0.1.1.1.2.1.28 mailto:joseph.m.bali@usace.army.mil

All employees must be approved through the Security Office BEFORE they are permitted to work on site. The approval process may take up to 14 days so it is imperative to provide the employees information as soon after contract award as possible. All new employees commencing performance on this contract must be vetted through the same requirements stated herein. The District retains the right to deny any contractor and subcontractor employee from working on one of its contracts based on final background investigation results.

iv. AT/OPSEC 15. 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.

C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the COR immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the COR. The Contractor shall maintain an OSHA 300 Log of Work-Related Injuries and Illness:

https://www.osha.gov/recordkeeping/RKforms.html

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged, as well as the public’s property, it shall be reported immediately to the COR. When the damage was caused by contractor employees, the contractor must submit a written report of the incident and extent of such damage to the COR, within 2 business days of occurrence. For property damage accidents determined by the COR of $2,000 or more, the Contractor will complete and submit to the COR a copy of ENG 3394 (Appendix VI).

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contractor employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all contractor employees is critical and will be closely monitored. Contractor employees shall comply with all provisions of 36 CFR Part 327 and shall obey all posted signs and regulations in the performance of the work under this contract. Contractor employees shall not be under the influence of or consume alcoholic beverages or controlled substances while on duty.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or ask their subcontractor to remove the employee whose continued employment is deemed by the COR to be incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible.

No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials, and equipment, and the personal property of Contractor employees from loss, damage, or theft. The Government assumes no responsibility for loss, theft, or damage of the property listed above.

C-1.14 SUPERVISION. The Contractor or Contractor Representative(s) shall personally supervise the work and respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCIs) who shall perform the Contractor's Quality Control Program. QCIs shall be responsible for implementing the http://www.uscis.gov/e-verify https://www.osha.gov/recordkeeping/RKforms.html

Contractor’s Accident Prevention Plan. All QCIs shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance of the service when necessary. A QCI shall be appointed for each work crew. For work performed for Emergency and/or After Hours Work, a Contractor Representative or QCI shall be present at the work site.

The COR and Government Inspectors will deal directly with the QCIs or Contractor Representatives for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the COR before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, and Activity Hazard Analysis at each work site which relate to each employee’s work responsibilities and shall review them to insure employees’ comprehension of the efforts prior to initiating work.

C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government Entity that issued the citation and the COR. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government.

If the citations are issued due to faulty operation or maintenance practices of the Contractor, the Contracting Officer or COR will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the COR immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A DD Form 2772, Contract Discrepancy Report, will be issued to the Contractor for any failure to perform services (Appendix VII). The CDR describes the discrepancy or defect and will be discussed with the Contractor Representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include the Contracting Officer making necessary deductions. Upon finalization of the CDR, the Contractor and the COR must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer will review all CDR's issued; CDRs will also become a part of the permanent contract file.

C-1.17 MEETINGS. The Contractor or Contractor Representative shall report each workday (Monday-Friday, with the schedule and location determined by the COR) to discuss contract work items. Specific topics of discussion at the morning meetings may include issuing task orders, inspections, quality control, performance evaluation meeting, discrepancy or defect, and upcoming work. The COR may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the COR and the Contractor.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract Performance Work Statement.

b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.

d. A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.

e. A method of coordinating each work crew’s activities with the COR.

A suggested outline of components for the Contractor's Quality Control Plan is described in Appendix I. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the COR, and approved, at the pre-work conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and COR.

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

C-1.19 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to ensure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The Government reserves the right to change methods of inspection as deemed necessary.

The Government will keep a record of all complaints received by the public concerning Contractor performance.

Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish a copy of the findings to the Contractor. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DEFICIENCIES. If any of the work performed does not conform to contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes, but not limited to, labor costs including benefits, transportation, and materials.

C-1.21 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the COR. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. Suitable space will be provided for the Contractor's use for work performed under this contract, as listed below. The Contractor shall maintain such space or grounds to the same, or higher standards, as similar areas occupied by the Government, and shall assume responsibility for the safekeeping of facilities provided. The Contractor shall not use those grounds or facilities as a place of habitation. At the completion of the contract, all facilities and equipment shall be returned to the Government in the same condition as received, except for reasonable wear and tear. The Contractor shall be held responsible for the cost of any repairs caused by the fault or negligence of the Contractor or Contractor employees.

Modifications or changes shall not be made to any facilities without prior written approval of the COR. Any approved modifications to the facilities shall be at the Contractor's expense. The Contractor shall be responsible for maintaining physical security for Government furnished facilities and property. Should the Contractor reject any or all Government furnished facilities, the Contractor shall provide all necessary facilities at no cost to the Government. All Government furnished facilities shall be used only for the performance of work specified herein.

b. Telephone. Telephones furnished by the Government shall be used for Government business only.

c. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor will be required to transport utilities, such as water, from another on-site source. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract.

d. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

e. Control. The Contractor shall provide internal controls to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas, and will be held responsible for losses due to his fault or negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for reasonable wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received. The Contractor is responsible for any discrepancies (except for reasonable wear and tear), damages or deficiencies in the inventory.

f. Safety Manual. Prospective contractors may review a copy of the Safety Manual EM 385-1-1 at the Project Office or view online as identified in paragraph C-1.9a above. The Contractor shall be provided one copy of Safety Manual EM 385-1-1, during the pre-work conference.

C-1.23 CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies and materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials and vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. The contractor will meet the Bio-Preferred Program requirements set forth by US Department of Agriculture (USDA), e.g.

glass cleaner, hand cleaners, and mulch (see link in paragraph C-1.33 below). The contractor will use Department of Energy (DOE) covered energy-efficient products, e.g. light bulbs (see link in paragraph C-1.33 below). A partial list of equipment needed by the Contractor is included in each section. The Contractor may be responsible for providing equipment that is not listed in the specifications.

c. Equipment. The Government requires that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. Adequacy of the equipment (e.g., mowing equipment and vehicles) to perform certain repetitive work will be determined prior to award of the contract. Also, all equipment used by the Contractor must meet safety requirements outlined in Safety Manual EM 385-1-1.

d. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary. The vehicles must be capable of transporting the same number and amount of employees, equipment, tools, materials, and supplies that could reasonably be transported in a standard size 1/2 ton truck with a 4' x 8' bed to and from job sites on the project. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper.

e. Contractor Equipment and Supply Inspection. The Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for work under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) business days after notice from the COR. Only equipment and supplies inspected and approved shall be used for work under this contract. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the Government prior to use.

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and all malfunctioning Government equipment to the COR. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the COR for return to the owner, if ownership can be established. The Contractor shall inform the COR of any information he or his employees receive about lost and/or found articles from the public.

C-1.25 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS.

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS): https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

C-1.26 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week.

C-1.27 SUSTAINABILITY REQUIREMENTS. The contractor is required to meet the recycled content requirements set forth by EPA and the BioPreferred Program requirements set forth by USDA when purchasing supplies/products that will be used in the performance of this contract. Links to the list of these products are in paragraph C-1.33 below.

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including work that could otherwise be performed utilizing Task Orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The Contracting Officer can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the Contracting Officer shall not be the basis for a claim by the Contractor.

C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms and permits as required in this contract. Examples of these reports, forms, and permits include, but are not limited to:

https://www.dol.gov/vets/ https://www.fedshirevets.gov/ https://www.benefits.va.gov/vow/ https://wct.army.mil/modules/employers/index.html https://www.uschamberfoundation.org/hiring-our-heroes

Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Equipment Inspection/Maintenance Worksheet (ENG Form 5007-R) Contract Overview Workbook (Appendix III) Activity Hazard Analysis (AHA) (Appendix IV)

C.1-30 WAGE DETERMINATION WAGE RATE INCREASE. In accordance with FAR 52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contract), any request for an increase under this clause must be within the terms of the clause.

C-1.31 DEFINITIONS. As used throughout this description/specification, the following terms shall have the meaning set forth below:

a. Completion Date. The date by which all work must be completed.

b. Contractor. The Contractor is the entity responsible for complying with the terms and conditions.

c. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform the Contractor's Quality Control program. A QCI shall be responsible for implementing the Contractor Accident Prevention Plan and Quality Control Program, and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

d. Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract, and shall be the onsite Contractor employee who is responsible for safety.

e. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer that must act within the limits of their authority as delegated by the

KO.

f. Contracting Officer Representative (COR). Individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

g. Dripline. The dripline is defined as the outside edge of the tree's leaf cover.

h. EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, located on the web at

i. Fallen Trees. Trees that have fallen, are susceptible to falling, or that create a safety hazard.

j. Garbage. Unwanted or useless material, animal and vegetable waste, including grease, resulting from the handling, preparation, cooking and consumption of food.

k. Inspector. Individual designated by the COR to perform Quality Assurance.

l. Miscellaneous Waste. Miscellaneous waste includes grass and vegetation cuttings, leaves, rocks, street sweepings, roofing and construction wastes, automobile and truck parts, the remains of broken or destroyed items, and similar materials 2 square inches or smaller; and driftwood, tree trimmings, and sticks shorter than 18 inches and 1 inch or less in diameter.

m. Mowing. Mowing is defined as the cutting of grass, weeds, vines, or other vegetation, with reel and rotary lawn mowers, gang mowers, or bush hogs.

n. Mowing Cycle. A mowing cycle is defined as the performance of all mowing and trimming within all of the areas ordered within the period defined in Section C-2.2 from the date ordered, excluding weekends or holidays.

o. Outside Top Edge of Ditchline. Elevation of road surface transferred to hillside of ditch.

p. Plants. All ornamental trees, shrubs, flowers, and ground covers on the project.

q. Policing. The picking up of trash, debris, drift, ashes, garbage, and miscellaneous waste, and disposing of the same in accordance with contract specifications.

r. Project. All land and water resources that are managed by the Corps and/or leased by the Corps to other federal, state, or local agencies. Lands include both developed parks and undeveloped lands, and all water resources from the dam to the headwaters, unless otherwise defined by Congress.

s. Quality Assurance. A method used by the Government to provide a measure of control over the quality of services provided by the Contractor.

t. Quality Control. A method used by the Contractor to control the quality of services he/she provides for the Government.

u. Recreation Season. Time period when the recreation areas are open.

v. Resource Manager. A uniformed individual designated responsibility for overseeing the general operation, maintenance, and administration of the project.

w. Stump. The remaining base after a tree has been felled or fallen down, not to exceed 1 foot in height.

x. Trash. A variety of unsalvageable waste material such as metal, glass, rags, tin cans, rubbish, plastic bottles, paper, wrappings, containers, cartons, and similar material.

y. Trimming. Trimming is defined as the cutting of grass, weeds, vines, or other vegetation at locations which are not accessible to mowing by conventional mowing machines, and therefore requires specialized cutting with hand or string trimmers, sickles, sling blades, or mechanical hedgers.

C-1.32 INSURANCE

a. The Contractor shall, at his own expense, procure and maintain during the entire performance period of this contract, insurance of at least the kinds and minimum amounts set forth below:

1. Worker’s Compensation & Employer’s Liability:

$100,000 (PA) and as Legally Required by the State (OH & WV)

2. Comprehensive General Liability:

Bodily Injury Per Occurrence $500,000

Property Damage $100,000

3. Automotive Liability:

Bodily Injury Per Person/Per Occurrence $200,000/$500,000

Property Damage $20,000

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) calendar days after written notice thereof to the Contracting Officer.

c. The Contractor shall also require all first tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required as stated above during the performance of this contract.

The Contractor shall furnish a current Certificate of Insurance, for each first tier subcontractor, to the Contracting Officer, at least five (5) calendar days prior to entry of each such subcontractor's personnel to the Government installation.

C-1.33 HELPFUL LINKS If they do not open, copy and paste into your browser.

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/content/regulations

Code of Federal Regulations: www.eCFR.gov

Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1:

Department of Energy, Product categories covered by efficiency programs:

https://energy.gov/eere/femp/find-product-categories-covered-efficiency-programs

Department of Labor, Wage and Hour Division: https://www.dol.gov/whd/

EPA-Designated Recovered Material Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products

Manual of Uniform Traffic Control Devices: http://mutcd.fhwa.dot.gov/

OSHA: https://www.osha.gov/recordkeeping/RKforms.html

US Department of Agriculture, Forest Service, How to Prune:

https://www.fs.usda.gov/naspf/pub…