PANSPD23P000387 SEED TASK ORDER PWS.pdf

Flood Risk Management (FRM) - Seed Project - Santa Ana River Marsh (SARM) U.S. Army Corps of Engineers (USACE)

Los Angeles District Performance Based Work Statement (PBWS)

Contract No. W912PL-23-D-XXXX

PANSPD-23-P-0000 000387

W912PL-23-R-0019

1.0 General Contract Information

The U.S. Army Corps of Engineers (USACE) Los Angeles District requires a 5-year FRM inspection and maintenance service task order for the Santa Ana River Marsh (SARM) that will include 1-Base Year and 4 additional Years awarded annually beginning 1 October 2023. The Contractor will be permitted by USACE to propose an annual inflation rate increase between 4.5% to 5.0% percent. General work requirements of this Performance Based Work Statement (PBWS) will be primarily performed within the USACE Los Angles District Operations and Maintenance (O&M) Area of Responsibility (AOR) for Santa Ana Marsh, Orange County CA.

92659.

1.1 Contract Period of Performance (POP)

The period of performance (POP) for this task order is one year from the date of award of the Base Year and four option Years 1, 2, 3 and 4 following the Base Year as outlined below.

• Base Year – Fiscal Year (FY) 2024 beginning 01-October 2023 thru 30-September 2024

• Option Year 1 – FY 2025

• Option Year 2 – FY 2026

• Option Year 3 – FY 2027

• Option Year 4 – FY 2028

This project will be funded incrementally over the POP by fiscal year.

1.2 Primary and Specific Work Locations

The primary work location for this PBWS is within Orange County, California proximity address 5598 West Coast Highway 1, New Port Beach for the SARM in Figures 1 to 6 of the Draft Habitat Management Plan (HMP) for the SARM located in Appendix A. Specific work locations for Level 2 work requirements are shown on Plate 01, Appendix B. A current list of USACE Los Angeles District Maintenance Yard and FCB addresses are listed in Appendix C. The Contractor will be provided with Google Earth KMZ files showing all work locations upon contract award by the Contracting Officer (KO).

1.3 General Work Requirements

Provide all labor, materials, equipment, transportation, supervision, and non-personal services to perform the tasks and meet all performance requirement standards for the Level 1 and Level 2 work requirements as awarded by task order. Work must be performed in accordance with all applicable national, state, and local codes. The Government will not provide any equipment or materials to the Contractor apart from USACE locks and keys for access gates, only after the Contract is awarded, unless directed earlier by the (KO).

Maintenance will be performed in accordance with the applicable O&M manuals for each work location. The applicable O&M Manuals are the Draft Habitat Management Plan (HMP) for the SARM (Appendix A), 1999 LACDA Manual LADM-1130-2-13 (Appendix D), and 1964 Draft SARB Manual LADM 1130-2-14 (Appendix D). Vegetation-related maintenance and repair will be done in accordance with Engineering Pamphlet (EP) 1110-2-18, Guideline for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment, Dams, and Appurtenant Structures within Appendix E.

Note: The Appendix documents may be applicable to this task order under this FRM Maintenance Service Contract. The Contractor will refer to these documents for future task orders awards. If any questions or conflicts arise from the documents the Contractor will request clarity from the COR prior to submitting a proposal. Additional Appendix documents may be added by the KO through a no cost modification as recommended by the COR as deemed necessary for continuous and successful project task order awards and completions.

2.0 SARM Work Requirements

2.1 CLIN 0001 – Trash Removal, Inspections, and Reporting

The Contractor will perform Trash Removal, Inspections, and Reporting for the 92-acre SARM as outlined below and in accordance with the Draft Habitat Management Plan (HMP) for the SARM (Appendix A). An Operations and Maintenance manual requirements for the SARM is anticipated to be added to the appendices in the future by the KO and as a

2.1.1 Trash Removal: The Contractor will remove all trash from the accessible intertidal areas by non-motorized boat and from the hard-to-reach locations once a week by foot. The Contractor will not perform trash removal by non-motorized boat between 14-February thru 16- September.

To keep the 92-acre SARM free of waste debris, the contractor will collect trash and debris from the non-water and shorelines areas at least once a week and more frequently as necessary.

The QC and biologist will instruct the maintenance staff on the SARM's specific nesting practices and riparian species habitat. They oversee making sure that no take is sanctioned by the maintenance teams' activities and conduct.

Trash will include general waste, household hazardous/special waste (e.g., batteries, containers of fuel, paint, etc.), human and animal biological wastes, combustible and noncombustible rubbish, recyclables, non-CRV recyclables, tires, E-waste, medical wastes, used oil, homeless encampment debris, floating debris, and dead animals. The Contractor will take pre-cautions to minimize vegetation trampling when removing trash in sensitive species habitat (e.g., pickleweed and cordgrass habitats). The Contractor will pay special attention to the tide gates, side drains, outlets, and culverts to remove blocked debris promptly. All trash will be removed the same day from the SARM location any Contractor’s temporary dumpster locations must be approved by the Contracting Officer Representative (COR) prior to placement. The Contractor will be responsible for removal of abandoned/stolen vehicles, boats, motor bikes, trailers by coordinating with local towing companies and local law enforcement.

2.1.2 Inspections: The Contractor will perform inspections during trash removal activities.

Inspections will include visual inspections of locations of habitat damage by erosion, vandalism, or other causes; locations of trail segments in need of repair; identification for signs of use or damage (e.g., construction of ramps, barriers, or forts, presence of planted non-native plants, cut fences, etc.). The Contractor will promptly inform the COR if trespass or evidence of trespass are observed.

2.1.3 Reporting: The Contractor will submit monthly inspection reports documenting visual inspections. The COR may have the Contractor revise monthly inspection reports based on the Government’s needs at no additional costs. The monthly inspection reports will be provided by the 5th day of the month and consists of visual inspections listed above and the below information.

• Map identifying locations of visual inspections.

• Photos of visual inspections containing date and time.

• Quantity of trash removed measured by weight or volume.

• List each type of trash separately noting the disposal or diversion date.

2.2 CLIN 0002 – Dumpster Management

The Contractor will perform Dumpster Management for the SARM and other work areas within USACE Los Angeles District’s O&M Area of Responsibility (AOR). The COR will coordinate with the Contractor for delivery locations and types and quantities of dumpsters required. Dumpster Management will include transportation, delivery, pickup, and all associated fees (e.g., dumping fees). The Contractor will provide dumpster to work areas specified by the COR not to exceed 10-CYs each month or 120 CY annually. 10-CY dumpsters may be required for sediment and concrete debris removal efforts. If Dumpster Management is not required for any month within the Contract POP, then the total dumpster volume not required from the subsequent month will be carried forward monthly until the debris volume is expended. The Contractor will submit invoices monthly by the 5th of each month for the volume of Dumpster Management services provided.

2.3 Additional General Work Requirements

2.3.1 The Contractor will supply, as needed, round-link steel chains and secure to access gates with Government provided padlocks as directed by the COR not to exceed three (3) times per year. The round-link steel chains will have a minimum 1/2-inch diameter with lengths ranging from 18 to 24-inches. The Contractor will submit invoices by the 5th of each month.

3.0 Safety Requirements

The Contractor and all their employees must comply with the most recent edition of USACE Engineering Manual (EM) 385-1-1 Safety and Health Requirements Manual, and Federal, State, and local laws, ordinances, criteria, rules, and regulations. Where applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern. Submit matters of interpretation of standards to the COR for resolution before starting work.

4.0 Accident Prevention Plan (APP)

The Contractor will have an established Accident Prevention Plan (APP) developed in accordance with EM 385-1-1. The APP must include all applicable Accident Hazardous Analysis (AHA) for each activity, task, or Defined Feature of Work (DFOW) outlined in the Level 1 work requirements. The APP must be submitted within 10-calendar days from the Contract award date and approved by the USACE Los Angeles District’s Safety Office. Upon issuance of TOs under this Contract, the Contractor must submit a TO specific APP within 10-days of the Level 2 work requirement award unless otherwise advised by the Contracting Officer. Field work may not begin until the APP is accepted by the COR.

4.0.1 The AHA format must be in accordance with EM 385-1-1, Section 1. The analysis should be used during daily inspections to ensure the implementation and effectiveness of the activity’s safety and health controls. The AHA list will be reviewed periodically (at least monthly) by the Contractor and updated as necessary when procedures, scheduling, or hazards change.

Develop the activity hazard analyses using the project schedule as the basis for the activities performed. Any activities listed on the project schedule will require an AHA. The AHAs will be developed by the Contractor, supplier, or subcontractor and provided to the prime Contractor for submittal to the Contracting Officer Representative.

4.0.2 The Contractor must designate a Safety Officer to be responsible for overall supervision of accident prevention activities. Such duties will include assuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures are in action.

4.1 Emergency Medical Treatment

Contractors must arrange for their own emergency medical treatment. The Government has no responsibility to provide emergency medical treatment.

4.2 Safety Training and Meetings

4.2.1 The Contractor will provide APP indoctrination and safety training, prior to the start of work, to enable employees to perform their work in a safe manner. Continuous safety training will be given throughout the POP for all work requirements. Training shall include but is not limited to requirements and responsibilities for accident prevention and the maintenance of safe and healthful work environments; employee and supervisor responsibilities for reporting all mishaps; provisions for medical facilities and emergency response and procedures for obtaining medical treatment or emergency assistance; job hazards and the means to control/eliminate those hazards, including applicable AHAs; specific training as required by EM 385-1-1. All trainings and indoctrinations will be documented in writing by date, persons in attendance, content, and trainer.

4.2.2 The Contractor will schedule a monthly safety meeting for all employees to review past activities, plan for new or changed operations, review pertinent aspects of appropriate AHA, establish safe working procedures for anticipated hazards, and provide pertinent APP training and motivation. All meetings must be documented, including the date, persons in attendance, subjects discussed, and names of individual(s) who conducted the meeting. Documentation must be maintained, and copies furnished to the Contracting Officer Representative upon request.

4.2.3 The Contractor will conduct mandatory daily “tailgate” meetings to inform employees of specific hazards associated to a task and the safe way to do the job. All meetings must be documented, including the date, persons in attendance, subjects discussed, and names of individual(s) who conducted the meeting. Documentation must be maintained, and copies furnished to the Contracting Officer Representative upon request. If the Contracting Officer Representative reviews the attendance sheet and discovers that an employee did not attend the daily “tailgate” meeting the employee will be removed from the job site by the Contractor until such time that the appropriate meeting content has been provided and the attendance sheet signed and dated by the employee.

The Contracting Officer shall be informed of any formal scheduled meetings in advance and be invited to attend by the COR. These meetings may include meet and greet, performance, changes to project scope, new task orders, safety concerns, quality project delivery.

4.3 Accident Notifications and Reports

4.3.1 Notify the Contracting Officer Representative as soon as practical, but no more than two

(2) hours after any accident meeting the definition of Recordable Injuries or Illnesses or High Visibility Accidents, property damage equal to or greater than $2,000, or any weight handling equipment accident within 3 working days of notification the Contractor must provide a written report to the COR to include Contractor name; Contract title; type of Contract; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of equipment used, Personal Protective Equipment (PPE) used, etc.).

These reports may require the Contractor to obtain a Police Report.

4.3.2 Notify the Contracting Officer Representative as soon as practical, but no more than two

(2) hours after any accident that causes damage or loss to Government property. Within twenty-four (24) hours of notification the Contractor must provide a written report to the Contracting Officer Representative to include Contractor name; Contract title; type of Contract; name of activity, installation, or location where accident occurred; date and time of accident; extent of property damage; names of personnel injured, if any; extent of injury, if known, and brief description of accident (to include type of equipment used, Personal Protective Equipment (PPE) used, etc.). These reports may require the Contractor to obtain a Police Report.

If the Contractor is the cause of the facility damages the Contractor is liable for all repair costs, design, materials, labor, equipment etc. to repair to original site conditions those facility structural features.

5.0 Quality Control (QC) Program

The Contractor must establish a complete QC program that will consists of a QC Organization, QC Plan, QC Meetings, inspections, and reporting necessary to provide materials and workmanship which comply with the requirements of this Contract.

5.1 QC Organization

5.1.1 The Contractor must execute the contract and all work under direction of a Contracting Officer Representative or alternate appointed by the Contracting Officer. The COR must have adequate experience to oversee task accomplishment, administer all instructions, and answer all questions from the Contracting Officer. Additionally, the COR must be responsible for complete coordination of all work under the Level 1 and 2 work requirements.

5.1.2 The Contractor must provide a QC Manager at the work site to implement and manage the QC program. The primary duties and responsibilities of the QC Manager are to manage and implement the QC program on this Contract. The QC Manager is required to conduct the QC meetings, perform inspections and reporting. The QC Manager is the manager of all QC activities.

5.1.3 The Contractor must designate an alternate for the QC Manager at the work site to serve in the event of the designated QC Manager’s absence. The period of absence may not exceed two (2) weeks at one time, and not more than 30 workdays during a FY.

5.1.4 The Contractor’s designated PM, QC Manager, and/or Alternate QC Manager must be available during USACE Los Angeles District’s working hours, 5-days a week throughout the POP.

The PM, QC Manager, and/or Alternate QC Manager must be available within 2-hours during working hours to meet at work locations with the Contracting Officer. The PM, QC Manager, and Alternate QC Manager must be designated in writing within 5-calendar days after contract award and upon change of personnel.

5.2 QC Plan

The Contractor will provide a written QC Plan to the Contracting Officer Representative within 10-days of contract award for all the Level 1 work requirements. The QCP is the Contractor’s management plan for executing the contract and approach to ensuring the quality of the services required. Upon issuance of TOs under this Contract, the Contractor must submit a TO specific QC Plan within 10-days of the Level 2 work requirement award. If any additional requirements are discovered during the review process the Contractor will make the necessary corrections. Acceptance of the QC Plan is required prior to the start of work. The QC Plan will consist of the below requirements.

5.2.1 QC Organization: A chart showing the Project organizational structure.

5.2.2 Names and Qualifications: Names and qualifications, in resume format, for each person in the QC organization, including the Safety Officer, Project Manager, QC Manager, and any alternates.

5.2.3 Duties, Responsibility, and Authority of Personnel: Duties, responsibilities, and authorities of each person in the organization.

5.2.4 Outside Organizations: A listing of outside organizations that will be employed by the Contractor and a description of the services these firms will provide.

5.2.5 Appointment Letters: Letters signed by an officer of the firm appointing the QC Manager and Alternate QC Manager, Project Manager and Safety Officer and any alternates and stating that they are responsible for implementing and managing their respective roles in the project as described in this Contract. Include in this letter the responsibility of the QC Manager and Alternate QC Manager authority to stop work (as well as the PM and Safety Officer) which is not in compliance with the Contract. Letters of direction are to be issued by the QC Manager to the Alternate QC Manager and all other QC Specialists outlining their duties, authorities, and responsibilities. Include copies of the letters in the QC Plan.

5.2.6 List of Definable Features: A Definable Feature of Work (DFOW) is a task that is separate and distinct from other tasks and has control requirements and work crews unique to that task.

A DFOW is identified by different trades or disciplines and is an item or activity on the schedule.

Include in the list of DFOWs, but not be limited to, all critical path activities.

5.2.7 Procedures for Inspections: Procedures for identifying and documenting “punch list” items which do not conform to the PBWS and corrective actions to be taken. Include in these procedures the responsible party for “punch list” item creation and corrective action responsibility.

5.3 QC Meetings

After the start of work, conduct monthly QC meetings by the QC Manager at the work site with the Contracting Officer Representative and other USACE offices as required. The QC Manager is to prepare the minutes of the meeting and provide a copy to the Contracting Officer Representative within two working days after the meeting. The Contracting Officer may attend these meetings. At a minimum, accomplish the following at each meeting:

5.3.1. Review the schedule and status of work and “punch list” items.

5.3.2 Resolve QC and production problems (e.g., open correspondence, action item due outs, etc.).

5.3.3 Address items that may require revising the QC Plan.

5.3.4 Review APP.

5.3.5 Review environmental requirements and procedures.

5.3.6 Project Status: POP Contract days, Contract Days remaining, Contract amount, payments to date, modifications, TOs, etc.

5.4 QC Inspections and Reporting

5.4.1 The QC Manager must conduct inspections of the work and develop a punch list of items which do not conform to the PBWS. Include with punch list the estimated date by which the deficiencies will be corrected.

5.4.2 The QC Manager must provide a monthly inspection report to the Contracting Officer Representative by the 5th day of each month for the Level 1 work requirements and at a frequency specified in the TO PBWS for the Level 2 work requirements. Monthly inspection reports must consist of the below information.

• QC Inspector Name(s).

• List of work or task accomplished by location and date.

• Before and after photos of work accomplished containing date and time weekly for level II projects. (Note: Recommended that Contractor take monthly photos from the same locations for consistency and at different angles for perspective.)

• Documentation for solid waste disposal and diversion (i.e., manifests, weight tickets, receipts, invoices, etc.) specifically identifying waste material.

• Description of any issues/concerns impacting the Contractor from performing the work requirements.

6.0 Quality Assurance (QA)

Quality Assurance (QA) is the procedure by which the Government fulfills its responsibility to be certain that the Contractor’s QC Program is functioning. The Government will monitor the

Contractor’s performance for each work requirement according to the Quality Assurance Surveillance Plan (QASP) in Appendix F. The Government reserves the right to use whatever surveillance procedures (Normally Periodic Inspections) that are deemed appropriate. The QASP is subject to change during the life of this contract and the Contractor will be made aware of any changes.

6.1 Contracting Officer Representative (COR)

The Contracting Officer will appoint a Contracting Officer Representative (COR) primary and alternate for management of the work requirements of this contract. The COR appointment will be made in writing from the Contracting Officer.

6.2 Performance Requirement Summary (PRS)

The Contract work requirements are summarized as performance objectives that relate directly to mission essential items within the Performance Requirement Summary (PRS) in Appendix G.

The performance threshold briefly describes the minimally acceptable levels of service required for each work requirement. The PRS provides information on contract requirements, the standard of contractor performance, and the expected method of Government confirmation of services provided. These performance thresholds are critical to mission success.

Failing to meet the performance threshold as outlined in the PRS for any performance objective will result in a warning or letter of concern from the Contracting Officer. Failing to meet the performance threshold as outlined in the PRS for performance objectives for two or more consecutive or non-consecutive months during the POP will constitute a need for an immediate progress meeting between the Contractor and the Government.

6.3 QA Inspections, Deficiencies, and Re-Inspections

6.3.1 The COR will inspect the Contractor’s services to assure the work requirements of the Contract are provided as specified, with deficiencies brought to the attention of the Contractor.

The COR has the right to inspect and test all services called for by the Contract, to the extent practicable at all times and places during the term of the Contract. The COR will perform inspections and tests in a manner that will not unduly delay the work.

6.3.2 The deficiencies will be addressed by the Contractor and a scheduled site visit will be conducted within 48-hours of normal USACE Los Angeles District’s work hours upon notification. The site visit will be conducted by both the Contractor and the COR, to inspect and evaluate the work location conditions. The Contractor will respond to the location within an additional 48-hours after the inspection to address and resolve the maintenance requirement or complaint issue.

6.3.3 Should it become necessary for the COR to perform re-inspections of defective work that was required to be redone and was not performed (due to failure of the QC Program), the COR may withhold payment after consultation with the Contracting Officer for the service that were not performed, the COR will document the Contractor’s performance as unsatisfactory. The COR will initiate and provide the Contracting Officer a Corrective Action Request (CAR) for issuance to the Contractor (Appendix H). The Contractor must respond to the CAR instructions provided and return it to the Contracting Officer within 10 working days of receipt.

Note: Site visits are also required prior to any Level II award and prior to the Contractor submitting a proposal so that any questions by the Contractor can be addressed by the COR in the project field location. Contractor questions will be noted and answered with both parties agreeing by signature to ensure favorable outcome of the project award.

6.4 Periodic Progress Meetings

The Contracting Officer, COR, Contractor, and other Government personnel as appropriate will periodically meet to discuss the Contractor’s performance on an as needed basis. The following will be discussed: Opportunities to improve the Contract, modifications required to the Contract, review rejected CARs, feedback on performance objectives, and actions needed to be taken by Contractor for unsatisfactory performance. The Contractor must provide a summary of unsatisfactory inspections, customer complaints, and provide insight into any identified trends.

The minutes of these meetings will be signed by the COR and the Contractor. Should the Contractor not concur with the minutes, the Contractor will provide a written notification to the KO identifying areas of non-concurrence for resolution.

6.5 Monthly Inspections with COR

The Contractor will perform bi-monthly inspections with the COR for Level 1 and Level 2 work requirements as awarded over the duration of this contract. Alternative inspection frequencies may be requested by either the Contractor or COR which must be coordinated by phone or e-mail correspondence. The Contractor will coordinate with the below points of contact (POC).

Primary POC: Kelly Howard at Kelly.P.Howard@usace,army.mil or (213) 215-3472.

Alternate POC: TBD.

7.0 Working Hours

The Contractor must perform all services required during the USACE Los Angeles District’s normal working hours generally between 6:30 A.M. and 6:30 P.M., Monday through Friday, excluding Federal holidays. The exception to this will be work requirements of an emergency nature and directed by the COR, which may require the Contractor to continue without interruption beyond the normal working hours such as on weekends and on holidays.

8.0 Monthly Schedule

The Contractor will provide a monthly schedule which must show the number of employees and the proposed sequence to perform the work and dates contemplated for starting and completing all schedule activities. The schedule of work requirements is the responsibility of the Contractor.

Major subcontractors and suppliers working with the Contractor should also contribute to developing and maintaining an accurate monthly schedule. The Contractor must use Microsoft Excel or an equivalent electronic spreadsheet program. The Contractor will provide a schedule for Level 1 work requirements and a schedule for Level 2 work requirements upon issuance of TOs under this Contract. The schedules must be provided by the 5th day of the month to the

COR.

9.0 Invoices and Payment

The Contractor must submit itemized invoices after the completion of Level 1 and/or Level 2 work requirements each month. Invoices must accurately reflect work completed. Invoices must be submitted to the COR by the 5th day of the following month in which services were rendered. The last monthly invoice of the FY is to be provided to the COR by the 2nd Friday of October to ensure timely close-out of the contract award. Any discrepancies found in the invoices by the COR will be promptly returned to the Contractor for revision. The Contractor will then resubmit the invoice with a new submittal date. The COR will then process the invoice to ensure prompt payment can be made.

Each invoice must at a minimum contain the following information:

• Contractor Name and address (exactly as it appears on the contract). If the billing address and physical address are different both addresses must be on the invoice.

• Contract number and delivery order number.

• Date of invoice submission.

• Invoice number.

• Invoice total.

• Month services performed with inclusive dates.

• Contract Line-Item Numbers (CLIN) and funding totals.

• NAICS Code.

• Cage Code.

• Millington Payment Center Address: USACE Finance Center

ATTN: CEFC-AO-P

5270 Integrity Dr.

Millington, TN 38054-5005

10. Contractor Personnel

10.1 Certifications, Training, Licenses, and Expertise: The Contractor must provide certification, training, licenses, and expertise for all contractor employees or subcontractors under this contract for all work requirements.

10.2 Contractor Employee Conduct and Competency: All contract employees must always conduct themselves in a proper manner. Since most of the work will be performed in the presence of the public, the conduct of all employees is critical and will be closely monitored. Use of controlled substances or consumption of beer or alcoholic beverages by contract employees is strictly prohibited. The Contractor will remove from the work site any individual whose continued employment is deemed by the COR to be contrary to public interest or inconsistent with the best interests of USACE. The COR will require the Contractor to immediately remove from the work site any employee of the Contractor who is incompetent or who endangers persons or property or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform the work.

10.3 Identification of Contract Employees and Vehicles: The Contractor must furnish uniforms to their employees and subcontractors performing services under this contract. A company identification logo must be visible on the uniforms. All vehicles used in the performance of work by the Contractor of subcontractor must be identified with a company logo prominently displayed.

10.4 Subcontracting: The Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the Contractor’s 50 percent subcontract amount that it cannot exceed per Federal Acquisition Regulation (FAR) 52.219-14 Limitations on Subcontracting.

10.5 Coordination: The Contractor will coordinate operations with the operations of other

Contractors, Federal, State, and local Government agencies, and others that may perform work or require access to the work location. Document coordination effort in the Contractor's monthly schedule and monthly QC inspection reports. Ensure safety requirements for other personnel occupying the work location are adhered to.

11.0 Environmental Considerations

The Contractor must comply with all Federal, State, and local laws, regulations, and standards regarding environmental protection. Prior to work in sensitive environmental areas, all environmental protection matters must be coordinated by the COR who will ensure necessary environmental documentation is obtained. Specific Federal laws to be noted include but are not limited to the Clean Water Act (CWA), the Endangered Species Act (ESA), and the Migratory Bird Treaty Act (MBTA).

12.0 Citations

Any citations issued to the Contractor for violating environmental laws, regulations, or standards while performing work under this contract will be resolved by the Contractor and the issuing office. The Contractor must immediately notify the COR after the citation/violation notice is issued.

13.0 Spills and Cleanup

The Contractor will promptly provide all labor, equipment, and material to implement a spill response to include containment, clean-up and reporting requirements specified by Federal, State, and local laws, regulations, and standards. Any spill response required as a result of the Contractor’s negligence may be deducted from any monies due the Contractor.

14.0 Meters and Temporary Connections

The Contractor must provide temporary utilities required for services. Materials may be new or used, must be adequate for the required usage, not create unsafe conditions, and not violate applicable local codes and standards. The cost for temporary utility services including water, sewer, power, gas, and communications must be paid for by the Contractor. Provide and maintain temporary connections, distribution lines, and meters as required for each utility, in a manner satisfactory to the Contracting Officer. Provide for backflow prevention when connecting to a potable water supply. Remove temporary features and restore existing utility to original condition when the utility is no longer required for the project.

Note: When a project requires the use of a dust-palliative to control traffic or heavy equipment airborne dust, the contractor is responsible for establishing BMP’s such as the placement of rumble strips, street sweeping, run-off barriers, and water distribution to ensure air and water quality management for job sites under Level 2 project awards. The costs for metering water is the responsibility of the Contractor to acquire the meter, equipment, water trucks and establishment of a schedule for water applications. The Contractor will take a pro-active approach and address all concerns from the COR, residents, and local government administrations in regard to Air Quality Management.

15.0 Security

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

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

15.2 Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees must comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor to provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes. Contractor and all associated sub- contractors employees must 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.

15.3 For Contractors who do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees will 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.

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

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

http://jko.jten.mil/courses/atl1/launch.html http://www.uscis.gov/e-verify

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Appendices

Appendix A: Habitat Management Plan (HMP) for the Santa Ana River Marsh (SARM) Appendix B: Overview Facility Location Map Appendix C: USACE O&M Project Address Listing Appendix D: O&M Manuals Appendix E: Engineering Pamphlet (EP) 1110-2-18 Guideline for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment, Dams, and pertinent Structures Appendix F: Quality Assurance Surveillance Plan (QASP) Appendix G: Performance Requirement Summary (PRS) Appendix H: Corrective Action Request (CAR)