PWS.pdf

PERFORMANCE WORK STATEMENT

BARREN RIVER LAKE

MOWING SERVICES CONTRACT

TABLE OF CONTENTS

SECTION C-1

GENERAL

PAGE

C-1.1 PROJECT INFORMATION 4

C-1.2 PERFORMANCE WORK STATEMENT 4

C-1.3 TASK ORDERS 4

C-1.4 NEGOTIATION 4

C-1.5 WORKING HOURS 4

C-1.6 CONTRACTOR SUBMITTALS 5

C-1.7 PERMITS AND LICENSES 5

C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES 5

C-1.9 SAFETY AND SECURITY REQUIREMENTS 6

C-1.10 ACCIDENT REPORTING 10

C-1.11 DAMAGE REPORTS 10

C-1.12 CONTRACTOR EMPLOYEES’ CONDUCT AND COMPETENTCY 10

C-1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY 10

C-1.14 SUPERVISION 10

C-1.15 ENVIRONMENTAL PROGRAM 11

C-1.16 CONTRACTOR DISCREPANCY REPORT (CDR) 11

C-1.17 MEETINGS 11

C-1.18 QUALITY CONTROL 11

C-1.19 QUALITY ASSURANCE 12

C-1.20 DEFICIENCIES 12

C-1.21 INTERRUPTIONS TO SYSTEMS 12

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT 12

C-1.23 CONTRACTOR FURNISHED ITEMS 13

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY 13

C-1.25 NOTIFICATION OF WORK TO BE DONE 14

C-1.26 MINIMUM MANPOWER REQUIREMENTS 14

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS 14

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND

VOLUNTEERS

C-1.29 REPORTS 14

C-1.30 APPLICABLE PUBLICATIONS 14

C-1.31 DEFINITIONS 15

SECTION C-2

GRASS MOWING AND MAINTENANCE OF LANDSCAPED AREAS

PAGE

C-2.1 C-2.2 C-2.3 C-2.4 C-2.5 C-2.6

GENERAL

WORK TO BE PERFORMED

SCHEDULE OF SERVICES

LOCATION OF WORK

SPECIAL PROVISIONS

DEDUCTION FOR CLOSED AREAS

C-2.7

DEDUCTION FOR REDUCED MOWING AREA

SECTION C-3

CLEANING SERVICES – RECREATION FACILITIES AND AREAS

SECTION C-4

NOT APPLICABLE

JANITORIAL SERVICES

NOT

APPLICABLE

SECTION C-5

NATURAL RESOURCES MANAGEMENT

SECTION C-6

DRIFT, DEBRIS, AND TRASH REMOVAL

SECTION C-6

SECTION C-7

BEACH AND BUOY MAINTENANCE

SECTION C-8

PARK ATTENDANT

SECTION C-8

NOT APPLICABLE

SECTION C-9

MAINTENANCE OF NAVIGATION AIDS

SECTION C-9

SECTION C-10

HERBICIDE APPLICATION SERVICES

SECTION C-11

BUILDINGS, FACILITIES, MECHANICAL, ELECTRICAL, WATER, & SEWAGE SYSTEMS

SECTION C-11

SECTION C-12

GUARDRAIL, SIGNS, BARRICADES, BUMPERS, CURBS, & POSTS

SECTION C-13

MAINTENANCE OF ROADS, PARKING AREAS, PULL-OFFS, AND LAUNCHING RAMPS

SECTION C-14

WILDFIRE, SUPPRESSION AND DISASTERS

SECTION C-15

DESCRIPTION/SPECIFICATIONS

General

C-1.1 PROJECT INFORMATION. Barren River Lake is in South Central Kentucky, in Allen and Barren Counties, approximately 15 miles Southwest of Glasgow, and 21 miles East of Bowling Green, Kentucky. Principal cities in the area are Glasgow, Bowling Green, and Scottsville, Kentucky.

C-1.2 PERFORMANCE WORK STATEMENT. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing services at the Barren River Lake project recreation areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference.

The quantities listed in the price breakout schedule are approximate and are provided as information only to assist in preparation of proposed pricing. They are not guaranteed and the actual quantities may be more or less than shown. Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment.

It is emphasized that the work described in this contract is a critical part of the Corps mission. The work described will be performed in a public recreation area. The Corps is committed to "Customer Care" and providing quality professional service.

C-1.3 TASK ORDERS. When work is required under these Specifications, the Contractor shall respond within 2 workdays after receipt of notification. The Contractor will be notified of work to be performed by issuance of a Task Order by the Government or a work request requiring a cost estimate from the Contractor.

a. Task Orders. All work under this contract will be ordered by issuance of Task Orders (SF1449 or DD1155) and Call Orders. The Task Order will list those items from the price breakout schedule to be used to perform the work. The Contractor shall not perform the work contained in the Task Order until a call order is issued for the work to be performed.

b. Call Orders. The Call Order is the Contractors' notification to actually perform the work, at the time(s) specified by the Technical Representative (TR), or if the time is not specified, according to the time schedules contained in the technical provisions of the contract. There may be several call orders issued, at different times, for work contained in the contract. All work under this contract will proceed by the issuance of a call order.

c. Fixed Price. Under this procedure the Government requires definite quantities of items from the price breakout schedule for routine work. The Contractor furnishes the services in accordance with the technical provision of the contract at the quoted price in the price breakout Schedule. The Contractor furnishes all labor and materials for fixed price work unless otherwise specified.

C-1.4. NEGOTIATION. No negotiated work is included in this contract.

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 6:30 a.m. to 4:00 p.m. Central Time or as specified on the Task Order. Work outside of these hours can be approved by the (TR). Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the (TR). Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The eleven 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) Juneteenth (June 19th) 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 (TR).

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

d. Emergency and/or After Hours Work. Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the (TR). Additional personnel may be required to handle the additional work load during holiday periods because of heavy visitation. The (TR) will notify the Contractor of actual work requirements.

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

a. Quality Control Plan. A suggested outline for the Contractor's Quality Control Plan is in Exhibit F.

b. Contractor Quality Control Inspector. List of Quality Control Inspectors.

c. Contractor Representatives. List of names of Contractor Representatives.

d. Accident Prevention Plan (APP). A completed Accident Prevention Plan per the current EM 385-1-1.

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_Aug%202024%20-%20FINAL.pdf

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

f. Operators. A list of names of qualified equipment/vehicle operators, including experience, training and qualification to operate specific equipment.

g. Certificate of Insurance

h. Performance Bond (where applicable)

i. Security Requirements – Section C-1.9.h

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 days after notice of award of the contract. 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 (TR) for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the (TR). 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.

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 (TR). 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 (TR) or any other project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor.

Also, the Contractor will not be paid for work not performed as a result of the stop order. 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/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf, and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the (TR) a minimum of 7 days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

b. Accident Prevention Plan (APP). The Contractor shall prepare an Accident Prevention Plan to assure that requirements of the safety program are provided as specified. This plan must be accepted by the Contracting Officer prior to commencement of any work. One copy of the Accident Prevention Plan shall be provided to the Contracting Officer and the (TR) one week prior to the pre-work conference. The Accident Prevention Plan must be in the outline and form prescribed by ENG Form 6293 (Accident Prevention Plan Worksheet: see para 2-10.d) in EM 385-1-1.

c. Activity Hazard Analysis.

1) The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of work. It is the Contractor’s responsibility to prepare the AHA. An approved AHA must be prepared by the Contractor for each Task Order issued by the Government. Sample AHA’s may be available at the project office for review and use by the Contractor to assist in the development of site specific Activity Hazard Analyses prior to the Contractor performing the job. The Contractor is encouraged to revise or add to these sample AHA’s as necessary to address changing conditions. Prior to performing jobs with inherent hazards, the Contractor shall review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who shall perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that the Government may attend such reviews.

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_Sep%202024%20-%20FINAL.pdf

2) The Government will require the Contractor to prepare an AHA for any jobs for which an adequate

AHA does not already exist. A copy of this AHA shall be submitted to the (TR) and must be accepted before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included in Exhibit E, which shall be used by the Contractor as a guide for the preparation of required AHA's.

3) A copy of an approved AHA is required for each Task Order issued by the Government. A copy of the approved AHA’s shall be available at all times to workers at each associated job site and a copy shall be provided to the Government.

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 (TR) any potential hazards found by his 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 a short-sleeved shirt (as detailed in C-1.8), long trousers (except as noted in C-1.8), and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required by safety manual. 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 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 the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual. Copies of their certification shall be provided to the Technical Representative. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.

g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The Contractor shall provide Material Safety Data Sheets (MSDS)and/or Safety Data Sheets (SDS) for review by the (TR) prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

h. Antiterrorism/Operations Security - Required Security Training and Planning.

1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).

Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

2. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”).

Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the

RA.

3. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

4. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E- Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

SUPPLEMENTAL SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on this contract who require access to any Louisville District Lake Projects and Lock and Dam Projects shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Louisville District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results of the background investigation provided by the Louisville District Security Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Louisville District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL LOUISVILLE DISTRICT CONTRACTS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Louisville District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted access to Louisville District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working, (2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) US Citizens Security Access Form each employee working on site must have a background investigation form submitted directly to the Louisville District Security Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with an initial period of performance (POP) greater than 1 year and those Contracts with Options or Modifications Which Extend the POP beyond 1 year. For instance, if the employee was cleared in May of 2022, they shall be cleared again in May of 2023. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S.

Army Corps of Engineers (USACE), they must process the employee through the Louisville District

USACE Security Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form).

Fingerprints are captured electronically at the closest Army Recruiting Station to the contractor’s home of record or at the USACE, Louisville District Security Office.

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Louisville District Security Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Louisville District Security Office will make recommendations to the PCO or their Designated Representative. The Louisville District Security Office cannot give approval due to unfavorable report(s). The Louisville District Security Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information.

The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S.

passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N- 550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Louisville District Security Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation, or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Louisville District Security Office by phone, letter, or email at the following numbers/addresses:

CELRL-SM

600 Martin Luther King Jr. Pl Louisville, KY 40202

Primary Email: DLL-CELRL-Security-SM@usace.army.mil

Alternate (if no response in 72 hours):

James R. Milner, phone (502) 315-6916; James.R.Milner@usace.army.mil

Jason Almodovar, phone (502) 315-6754; Jason.Almodovar@usace.army.mil

C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the (TR) 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 (TR). For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the (TR) a copy of ENG Form 3394 (see Exhibit C). The Contractor shall maintain an OSHA 300 Log (see Exhibit C) of On – The – Job injuries and first aid treatments.

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the (TR). When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the (TR), within 2 work days (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more the Contractor will complete and submit to the (TR) a copy of ENG 3394.

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contract 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 employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the (TR) to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the (TR) may require the Contractor to immediately remove from the work site any employee or subcontractor who is 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 theft, damage, etc., of the above.

C-1.14 SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the work, or be readily available by phone or other means of communication to 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 (QCI) who shall perform the Contractor's Quality Control Program. QCI’s shall be responsible for implementing the Contractor’s Accident Prevention Plan. All QCI'S 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 when necessary. A QCI shall be appointed for each work crew. For work performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site.

The (TR) and Government Inspectors will deal directly with the QCI’s 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 (TR) before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's work responsibilities, and shall review them to insure employees comprehension of a job 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 (TR). Any of the facilities operated by the Contractor may be inspected by the (TR), 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 and the issuing office. 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 (TR) 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 (TR) immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services (see Exhibit C). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his 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 Contracting Officer or (TR) will evaluate the Contractor's response and take appropriate action, which may include making necessary deductions. Upon finalization of the CDR, the Contractor and the (TR) must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.17 MEETINGS. The Contractor or his authorized representative shall report each workday (Monday-Friday, with the schedule and location determined by the (TR) to discuss contract work items. Specific topics of discussion at the morning meetings may include issuing task orders, requests for estimates, negotiation, inspections, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The (TR) may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the (TR) 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 specifications.

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 (TR).

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 (TR) and/or inspector.

A sample program is described in Exhibit F. 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 (TR), and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and (TR).

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 insure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The QASP is included as Exhibit A for information purposes only and will not be made part of any resulting contract. As appropriate, calculation of deductions for certain deficiencies will be made using the deduction schedule in section C-2.7 Deduction for Closed Areas.

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 the Contractor a copy of the findings. 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 the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the (TR), the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR (See Section C-1.15), and deductions will be determined in accordance with the deduction schedule in section C-

2.7 Deduction for Closed Areas and in accordance with the Government's Quality Assurance Surveillance Plan.

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 (TR). 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 negligence on the part of the Contractor or Contractor employees. Modifications or changes shall not be made to any facilities without prior written approval of the (TR). Any modifications to the facilities shall be at the Contractor's expense. The facilities provided consist of space within reasonably secure fenced areas. 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.

Facility

Lower Storage Yard Fenced Area (Only for storage of equipment)

Restroom facilities for contract employees are the responsibility of the Contractor. The Contractor may elect to use public restroom facilities, unless closed.

b. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor shall supply his own utilities such as water. 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.

c. 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.

d. Control. The Contractor shall provide control 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 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 fair wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received. Any discrepancies (except for fair wear and tear), damages or deficiencies in the inventory will be chargeable against the Contractor.

e. Safety Manual. Prospective contractors may review a copy of the Safety and Health Requirements Manual EM 385-1-1 at the Project Office. 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, or materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. A partial list of equipment which shall be needed by the Contractor is included in each section.

b. Equipment. At the end of each section, an "Equipment List" is provided for Contractor reference. The equipment listed is not mandatory, nor necessarily complete. The Government requires, however, 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. Therefore it is required that the contractor (or subcontractor(s)) utilize at least 2 commercial grade zero turn lawn mowers with a deck size greater than 60” in width to perform the mowing services. Also, all equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1.

c. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary, capable of transporting 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.

d. Contractor Equipment and Supply Inspection. The apparent 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) working days after notice from the (TR). Only equipment and supplies inspected and approved shall be used for work under this contract. A sample of the Contractor Equipment and Supply Inspection Form, CELRH Form 2800, is in Exhibit C. 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 malfunctioning Government equipment to the

(TR). 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 (TR) for return to the owner, if ownership can be established. The Contractor shall inform the (TR) of any information he or his employees receive about lost and/or found articles from the public.

C-1.25 NOTIFICATION OF WORK TO BE DONE. The Contractor will be notified of work to be performed by issuance of a Call Order. Under normal conditions, Call Orders will be issued that require response within 24 hours after receipt that the Contractor acknowledges receipt of the Call Order and the work to be performed.

C-1.26 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. The minimum staffing required to perform the services stated herein shall be at least 2 commercial zero-turn operators and 2 weed-eater operators (Total of no less than 4 personnel on project). Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week.

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS.

General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge evidenced by license, certificate, diploma, etc., to provide a comprehensive understanding of the systems and components serviced, operated, maintained, and repaired under this contract. Only qualified mechanics and operators shall service, operate, maintain, or repair heating and air conditioning systems, control tower equipment, miscellaneous equipment, and vehicles. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to applicable Government regulations. In the event the Contracting Officer or his Authorized Representative decides the Contractor does not have a qualified employee to perform the specified work, the Contractor shall be required to immediately provide qualified personnel or to subcontract the work to a specialist.

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 OO 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 OO 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, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows:

Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Worksheet (ENG Form 5007-R) Vehicle Operational Record Form (CEORH Form 2813 Test) Activity Hazard Analysis (AHA)

C-1.30 - APPLICABLE…