B.08. Attachment 3 - PWS CMP VEG REMOVAL - 20220523V8.pdf

PERFORMANCE WORK STATEMENT (PWS)

Vegetation Removal Services at Caño Martín Peña, San Juan, Puerto Rico

July 2022

Part 1

General Information

1. GENERAL INFORMATION:

This is a non-personal services contract to remove all vegetation along Caño Martín Peña in San Juan, Puerto Rico from within the project limits shown in Figure 1 (From Luis Munoz Rivera Bridge to San

Jose Lagoon). The Government will 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.

1.1 Description of Services:

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform terrestrial and aquatic vegetation removal activities above land surface (without removal of stumps and roots), clean-up and removal of surficial vegetation debris, vegetation debris shredding, transport and legally dispose vegetation debris at a final disposal facility, as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services.

1.2 Background:

The Caño Martín Peña (CMP) is a waterway approximately 4 miles long, connecting San Juan Bay and

San José Lagoon, in metropolitan San Juan, Puerto Rico. It is part of the San Juan Bay Estuary (SJBE), the only tropical estuary that is included in the U.S. Environmental Protection Agency (EPA) National

Estuary Program. The total drainage area of the CMP is about 4 square miles (2,500 acres). The eastern

2.2-mile-long segment of the CMP and adjacent areas, including the San José Lagoon, are the focus of the

Caño Martín Peña Ecosystem Restoration Project.

1.3 Objective:

The objective of this contract is to conduct mechanical vegetation removal activities at the site (refer to the attached Figure 1). The contractor shall remove vegetation and trees without removal of stumps and roots, shred, transport the vegetation debris, and legally dispose of the vegetation debris at a final disposal facility (burning or chemical control is not allowed).

1.4 Non-Personal Services:

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the

Contracting Officer immediately.

1.5 Scope:

The task will include the removal of approximately 40 acres of terrestrial and aquatic vegetation within and along the banks of the Caño Martín Peña from Luis Munoz Rivera Bridge to San Jose Lagoon. The vegetation removal activities will include but are not limited to cutting, mulching, grinding, and physical removal. Vegetation removed will be processed as needed (mulching, grinding) and transported to an appropriate upland facility for disposal. Removal of tree stumps and roots is not part of this scope. The contracted work shall be in accordance with this PWS.

1.6 Period of Performance:

The period of performance will not exceed one year from the date of award.

1.7 Place of Performance:

The field work to be performed is at the Caño Martín Peña in San Juan, Puerto Rico, from Luis Munoz

Rivera Bridge to San Jose Lagoon.

1.8 Recognized Holidays:

The Contractor will not be required to work on holidays indicated below.

New Year’s Day (FED) Labor Day (FED)

Martin Luther King Jr.’s Birthday (FED) Columbus Day (FED)

President’s Day (FED) Veteran’s Day (FED)

Memorial Day (FED) Thanksgiving Day (FED)

Independence Day (FED) Christmas Day (FED)

Juneteenth National Independence Day (FED)

1.9 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.

1.10 Contracting Officer Representative (COR):

1.10.1. The Contracting Officer has appointed the following individual as COR:

Javier Cortes

Environmental Engineer

U.S. Army Corps of Engineers

ATTN: CESAJ-EN-GE

701 San Marco Blvd

Jacksonville, FL 32207

O: 904-232-1896

M: 904-616-8837 gov cell

Email: Javier.Cortes@usace.army.mil

2. CONTRACTOR ADMINISTRATION AND MANAGEMENT

2.1 Business Relations:

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement.

The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.2 Key Personnel:

The follow personnel are considered key personnel by the government: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 7:00 a.m. to 5:30 p.m., Monday through Friday except Federal holidays or when the government facility is closed for administrative reasons.

3. SECURITY

3.1 Security Requirements:

Security clearances will not be required for this contract.

3.2 Physical Security: (Reserved)

The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. Government-furnished equipment, property, and facilities are not applicable to this contract. The contractor shall be responsible for safeguarding their equipment and supplies on site, and information regarding the project.

4. QUALITY

4.1 Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is how he assures himself that his work complies with the requirement of the contract.

4.2 Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the

Performance Requirement Summary (PRS). Additionally, the Government will use a Quality Assurance

Surveillance Plan (QASP), in the inspection of the services. This plan is primarily focused on what the

Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

4.3 Quality Assurance Surveillance Plan (QASP):

The Government shall monitor the Contractors performance under this contract in accordance with the

Governments QASP.

4.4 Performance Requirements Summary:

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

5. GOVERNMENT CONTRACT ADMINISTRATION

5.1 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.

5.2 Contracting Officer Representative (COR):

The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of

Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the

Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

6. OTHER REQUIREMENTS AND INFORMATION

6.1 Hours of Operation:

The contractor is responsible for conducting business, between dusk to dawn, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The Contractor must maintain an adequate workforce to accomplish all tasks defined within this PWS in accordance with the negotiated schedule.

6.2 Other Direct Costs: (Reserved)

6.3 Data Rights:

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

6.4 Organizational Conflict of Interest: (Reserved)

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The

Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the

Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

7. DEFINITIONS AND ACRONYMS

7.1 Definitions:

CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

CONTRACTING OFFICER. A person with authority to enter, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE. All goods, out-puts, end products, services, work, work product, items, materials and property to be created, developed, produced, delivered, performed or provided by or on behalf of, or made available through, Contractor (or any agent, contractor or subcontractor of the contractor) in connection with this contract. Most deliverables take the form of a tangible product (hardware, software, data, written report, completed installation, etc.), but some can also be less tangible (meeting facilitator or custodial services).

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the

Contractor are performed according to acceptable standards.

QUALITY ASSURANCE. Surveillance plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

VEGETATION. Trees and plants, including wood from trees, branches, leaves, plants, or a mixture thereof, that are above land surface. Tree stumps and roots are excluded.

VEGETATION DEBRIS. All waste generated from cutting trees and removal of vegetation in the project site, except stumps and roots.

WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

7.2 Acronyms:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

APP Accident Prevention Plan

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial Off the Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

HASP Health and Safety Plan

HIPAA Health Insurance Portability and Accountability Act of 1996

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

WP Work Plan

8. GOVERNMENT FURNISHED PROPERY, EQUIPMENT, SERVICES AND MATERIALS

8.1 Site Entry:

USACE has identified lands where the contractor will be required to access to perform the vegetation removal.

8.2 General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract.

8.3. Materials: At a minimum, the Contractor shall provide: 1) the necessary materials for completing the required tasks; 2) the necessary labor for coordination and completion of vegetation removal and disposal activities.

8.4. Equipment: The Contractor shall provide all equipment necessary to meet the requirements under this PWS.

8.5. Access to the site: The Contractor shall coordinate the entrance to the site with USACE and

ENLACE to access the properties prior to start of any field work. Most of the land required for the project has been identified as belonging to the Commonwealth of Puerto Rico within the Public Domain lands associated with the CMP. Coordination with ENLACE locations shall be made at least 15 days prior to mobilization to the project site. The contractor shall mobilize equipment no later than 30 days after notice to proceed. For this coordination, please contact Ms. Estrella Santiago, Coordinator of

Environmental Affairs, ENLACE Corporation: 787-729-1594, or 787-689-1558 (mobile), email:

esantiago@martinpena.org. The COR shall be included in all correspondence with ENLACE.

8.6. Safety Requirements: The Contractor shall submit a draft workplan and site-specific health and safety plan (HASP), and an accident prevention (APP) plan within 7 days of contract award and final workplan and site-specific health and safety plan, and an accident prevention plan within 15 days after contract award. The accident prevention plan must follow EM 385-1-1 and must be approved by the Government prior to performing any work.

8.7. Permits: No permits are required for vegetation removal for this project. The Commonwealth of

Puerto Rico issued an Administrative Order No 2004-04 that serves as waiver for permits requirements, where DNER is the sponsor of the project (see Attachment 1).

9. PERFORMANCE REQUIREMENTS

9.1 Basic Services:

The contractor shall provide services for the removal of terrestrial and aquatic vegetation within and along the banks of Caño Martín Peña in San Juan, Puerto Rico. This contract calls for the removal of terrestrial and aquatic vegetation from an approximately 40-acre area, the clean-up and removal of vegetation debris generated during the operation, the processing and disposal of removed vegetation debris to an appropriate upland disposal facility.

9.2 Tasks:

This is a professional service contract. The contractor shall perform and deliver contract requirements listed to the satisfaction of the Government. General requirements for this service contract are found below. The Contractor shall prepare bi-weekly progress reports and provide them to the Contracting

Officer Representative.

9.3 Vegetation Removal – Terrestrial (Base):

Terrestrial vegetation removal activities shall include mowing, cutting, mulching, grinding, and physical removal of all types of vegetation found on the project limits. Vegetation shall be cut to within 15 centimeters (6 inches) or less of the ground level with roots and stumps left in place. Vegetation to be removed also includes dead or fallen vegetation debris. Approximately 40 acres of the work area are considered terrestrial (above mean high water).

9.4 Vegetation Removal – Aquatic (Base, if encounter):

Aquatic vegetation removal activities shall include cutting, mulching, grinding, and physical removal all types of vegetation found on the water within the project limits. Floating vegetation shall be removed from the water and rooted aquatic vegetation shall be cut at the water surface. Vegetation to be removed also includes dead or fallen vegetation debris.

9.5 Vegetation Disposal (Base):

Vegetation removed shall be processed as needed (mulching, grinding) and transported to an appropriate upland facility for disposal (example landfill or composting facility). Burning is not allowed in the

Commonwealth of Puerto Rico.

9.6 Deliverables:

The contractor shall provide a workplan and a site-specific health and safety plan. The Contractor shall complete and provide a report including the description of the work performed, a descriptive photo log and proof of the final disposal of the vegetation removal activities to the COR, and USACE field representative for payment process and progress, in a bi-weekly basis.

10. REGULATIONS AND PUBLICATIONS

The Contractor must abide to applicable regulations, and local policies and procedures. At a minimum, the

Contractor shall comply with the requirements of the following:

• Corps of Engineers Manual EM 385-1-1 Safety and Health Requirements https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1_English_2003.pdf

11. CONTRACTOR MANPOWER AND REPORTING (RESERVE)

Accounting for Contract Services (FEB2007)

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address:

https://contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting

Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number (3)

Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including subcontractors); (6) Estimated direct labor dollars paid this reporting period (including subcontractors);

(7) Total payments (including subcontractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each subcontractor if different); (9)

Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code

(UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information; (11) Locations where contractor and subcontractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and subcontractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the

XML direct transfer may be downloaded from the website.

12. EXHIBITS AND ATTACHMENTS

EXHIBIT A

PERFORMANCE REQUIREMENTS SUMMARY

Performance

Objective

Standard PERFORMANCE

THRESHOLD

Method of

Surveillance

PRS # 1.

The contractor shall perform vegetation removal and disposal services.

Vegetation shall be cut across the entire project limits to within six inches from the ground for terrestrial vegetation and at the water surface for aquatic vegetation. Vegetation removed shall be processed as needed (mulching, grinding) and transported to an appropriate upland facility for disposal.

No more than 5% of cleared area submitted for acceptance shall exceed the performance standard.

100 % reporting.

EXHIBIT B

DELIVERABLES SCHEDULE

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

Task 1 – Draft

WP, HASP/APP.

Final WP, HASP/APP, To be provided once within 7 calendar days of contract award.

To be provided once within 15 calendar days of contract award.

One (1) draft WP, HASP/APP.

One (1) final WP, HASP.

To be provided by e-mail.

COR specified in

PWS.

Same as above.

Task 2 – Perform vegetation removal CMP

Daily, except for holidays, prepare progress reports bi-weekly

One (1) bi-weekly report

COR specified in

PWS.

Summary of Deliverable Schedule

Calendar Days from NTP of

Base Contract

Events

0 Award and NTP

7 Submit Draft WP, HASP/APP

10 Government Initial Review/Comments

15 Submit Final WP, HASP /APP

16 Government Final Review/Acceptance

30 Mobilization/Site Preparation and Coordination

180 Vegetation Removal Activities Completion

210 Submit Draft Report

240 Submit Final Report and Closeout