PWS - Ft Douglas Grounds Maintenance.docx

B.3 PERFORMANCE WORK STATEMENT

1. INTRODUCTION

This is a performance-based service contract for cemetery operations and maintenance services at the Fort Douglas Post Cemetery in Salt Lake City, Utah, and hereafter referred to as the “Cemetery.” This Performance Work Statement (PWS) describes the basic objectives of the Cemetery Operations and Maintenance Contract. The performance-based service contract provides potential offerors the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the offeror's understanding of all aspects of the effort to be performed by eliminating the "how to" instructions to accomplish the required effort normally contained on the SOW the Government provides to prospective offerors. Minimum Acceptable Levels (MAL) of performance to meet the minimum requirements are outlined in the “Performance Work Requirements Summary” contained in Attachment B.

2. THE NATIONAL CEMETERY ADMINISTRATION MISSION

The National Cemetery Administration honors veterans with a final resting place and lasting memorial that commemorate their service to our Nation. National Cemeteries are National Shrines. Therefore, the standards for management, maintenance, appearance and operational procedures performed by the Contractor have been established by the National Cemetery Administration to reflect this Nations’ concern and respect for those interred there. For this reason, the Contractor’s strict adherence to the Performance Work Statement, Performance Work Requirements Summary and Guidance Specifications shall be required and will be essential. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones that mark those gravesites and memorialize the service of individuals.

3. BACKGROUND

a. In 1999 Congress passed legislation requiring VA to ensure that National Cemeteries serve as a dignified and respectful setting. Each Cemetery is to be an expression of appreciation and respect of a grateful Nation for the service and sacrifice of her veterans.

b. Further, each National Cemetery is to be maintained as a National Shrine. A National Shrine is defined as a place of honor and memory that declares to the visitor/family who views it as a majestic setting, offering a sense of serenity, historic sacrifice, and nobility of purpose. The National Cemetery is a beautiful and awe-inspiring tribute to those who gave much to preserve our Nation’s freedom and way of life.

c. The Fort Douglas Post Cemetery is located at 405 Chipeta Way, Salt Lake City, Utah 84108. The Cemetery is composed of 3.6 developed acres, surrounded by a six-foot ornamental steel fence. The Cemetery contains the remains of veterans, spouses, and dependent children whose graves are identified by upright headstones, flat-markers, and private monuments.

4. DESCRIPTION OF SERVICES

The Contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that interment operations are performed at the Cemetery in a manner that shall maintain proper decorum and respect; and grounds maintenance operations are performed at the Cemetery in a manner that shall maintain healthy grass, trees, shrubs, and plants; and present a groomed, clean, neat, and professional appearance. Services include, but are not limited to maintenance of grounds, regular mowing, weed eating, blade edging, trimming, removal of leaves and debris, as well as, sweeping or blowing off road and sidewalk, irrigation system maintenance and operation, maintenance of gravesites and headstones, the raising and realignment of headstones, washing headstones, initial and replacement headstone installation and maintenance, turf maintenance, mulched planting bed maintenance, plant and tree maintenance, sunken grave repair, transporting casketed and cremated remains from the service area to the gravesite, interments of casketed and cremated remains, grave excavation and backfilling, trash removal, snow and ice removal, placement and removal of flags. The Contractor may be required to be on-site Memorial Day weekend and other special days as requested by the COR.

5. PROGRAM OBJECTIVES

Under this effort, the successful contractor shall be responsible for full management of the Cemetery operations and maintenance as described herein. Technical Specifications have been provided as Attachment A to this Solicitation. The Contractor may use whatever method he/she chooses to meet the goals of the Cemetery, if the result is of an acceptable quality to the satisfaction of the COR and the cemetery director (located at Denver, CO). The Contractor shall submit a detailed performance plan to indicate how the Contractor plans to meet the goals of the Cemetery (for example, performance schedule, interments, frequency of mowing, turf maintenance, irrigation system maintenance, weed eating, blade edging, trimming, plant, and tree maintenance, etc.)

We are seeking to hire a business partner who will be responsible for:

1. Providing all grounds maintenance services including, but not limited to: maintenance of grounds, regular mowing, weed eating, blade edging, trimming, removal of leaves and debris, as well as, sweeping or blowing off roads and sidewalks, and trash removal.

2. Turf Maintenance: Proper fertilizing, weeding, sodding and seeding of turf;

3. Turf surrounding a headstone is trimmed to its recommended height;

4. Irrigation system regular maintenance and operation;

5. Plant and tree maintenance, to include mulch beds;

6. Initial and replacement headstone setting;

7. Maintenance of gravesites headstones and re-establishment of turf;

8. Headstone cleaning and maintenance;

9. Sunken grave repair;

10. Grave excavation and backfilling, interments, and disinterment (casketed and cremains) and re-establishment of turf;

11. Snow and ice removal.

12. Committal Services

13. Provide a safe working environment for contractor, as well as Cemetery staff.

14. Shall reference back to and follow the National Standards and a copy will be provided by COR.

6. CONTRACT OBJECTIVES

1. To use an innovative and creative technical approach to manage the full cemetery operations at the Fort Douglas Post Cemetery in Salt Lake City, UT to maintain the high standards of appearance as a National Shrine, in accordance with standard commercial practices.

2. To have our business partner propose a business solution using performance based contracting techniques with incentives and disincentives designed to reward superior performance.

Specifically, we require a business partner to establish a performance plan focusing on criteria such as healthy grass, trees, shrubs, and plants and a clean, neat, and professional appearance. The plan shall include a performance work schedule, list of materials the Contractor plans to use, a detailed list of equipment the Contractor plans to provide and use, labor and a quality control plan to monitor the Contractor’s performance in meeting the Cemetery’s goals.

7. STANDARDS OF EMPLOYEE CONDUCT

Contractor and contractor personnel shall be required to adhere to the following standards of dress and conduct while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C. Section 218.

a. Be fully always clothed, to include long slacks or pants and shirt, buttoned up from neck to waist. Clothing will be clean each day. Any soiled clothing should be Cemetery work-related that day. Tank tops as outer garments are prohibited. Tee-shirts will have the company logo visibly displayed. Shoes/boots will have no holes or loose soles. Steel-toed shoes shall be required in accordance with OSHA. Contractor employees shall maintain personal hygiene.

b. Shall not engage in loud or boisterous behavior or use profane or abusive language. Shall show proper reverence during committal service.

c. Not eat or drink beverages except water or non-alcoholic drinks while in work area or in sight of committal service area during a service. Use of intoxicating beverages and/or drugs is strictly prohibited.

d. Contractor personnel shall not lean, sit or stand on or against headstones, markers, or monuments. No tools, equipment or other items will be placed or leaned on headstones or monuments at any time. Contractor personnel shall not drive over headstones, markers, or monuments.

e. Contractor personnel shall only smoke in smoking areas, as designated by the Contracting Officer’s Representative (COR). All other areas are designated as NO SMOKING.

f. The Contractor shall discuss the guidance in this paragraph and in Attachment I with his/her employees and all subcontractors. Any doubts as to proper procedures shall be brought to the attention of the COR, Cemetery Director, and/or CO for guidance or resolution. Each contractor and subcontractor employee shall sign a Statement of Compliance (Attachment I); the Contractor shall deliver the signed statements to the COR before work may begin or before any new employee is allowed to work on Cemetery grounds.

8. USE OF CEMETERY FACILITIES

a. The Government will not be responsible for any loss, damage, or theft of contractor items, nor will free telephone service be provided. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of both the Department of Veterans Affairs facilities and Contractor-installed facilities used by the Contractor's employees.

b. The Government will NOT furnish a storage building at the Cemetery site for use by the Contractor to store supplies and equipment. However, the Government will provide an area designated for the Contractor’s use.

c. Contractor employees may park privately owned vehicles in the area designated for parking by the COR.

d. Any hazardous substance that is used and which is a standard practice within the cemetery industry must be handled, stored, and transferred in accordance with all OSHA, EPA, and DOT laws, regulations, and recommendations.

e. The Contractor will be responsible for safely storing any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturers recommendations. An SDS (Safety Data Sheet) is required for all chemicals, pesticides, herbicides, and cleaning solutions.

f. Electricity, water, and phone services will NOT be furnished by the Government for the Contractor’s work area.

9. INSPECTION OF PREMISES

Offerors should inspect the premises prior to submitting quotes to be fully aware of the scope of services required. Failure to do so shall not relieve the successful offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government.

10. CONTRACTOR'S RESPONSIBILITIES

The Contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees' fault or negligence. The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the State of Utah.

11. SUPERVISION AND TRAINING

a. The Contractor shall provide a supervisor who speaks and writes fluent English on site, and always when Contractor personnel are on the premises. The Contractor Supervisor must have not less than five (5) years of experience as a direct supervisor of grounds maintenance operations that included mowing, trimming, edging, and cleanup in industrial, commercial or public sites. The Supervisor reports directly to the CO/COR and cannot be subcontracted. The Contractor Supervisor shall ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure employees are adequately supervised and proper conduct is maintained.

b. In the absence of the Supervisor, the Contractor shall appoint an English-speaking crew foreman or an employee who shall be responsible to ensure that the work is being accomplished in an expeditious manner, is performed in accordance with the contract specifications and that the work will progress without undue delay.

c. Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. The Contractor is expected to remove any employees from the Cemetery for cause, to include, but not limited to, safety violations, other misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government. If the Contractor fails to act in this regard, or the reason for a removal is immediately required to protect the interests of the Government, the COR may direct the removal of an employee from the premises. Contractor objections to any such action will be referred to the Contacting Officer (CO) for final resolution; however, the Contractor shall first immediately comply with COR direction pending any CO final resolution later or date. The Contractor shall not be due any type of compensation for their costs incurred because of an employee being removed for cause; unless the removal is directed by the COR and is later found invalid and/or unreasonable by the Contracting Officer.

d. The Contractor shall also be responsible for training and safety precautions for Contractor employees performing work under these specifications. OSHA standards shall be observed by the Contractor in all work performed. Contractor shall ensure that appropriate safety equipment is used by Contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to:

1) National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire Extinguishers

2) Occupational Safety and Health Administration (OSHA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

3) Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police, and other emergency response forces in accordance with NFPA 241.

4) Site supervisor/foreman is required to hold a 10-hour OSHA certification.

12. INSPECTION AND CLEANING OF CEMETERY FACILITIES

a. The Contractor shall perform a daily inspection. During this inspection the appearance of the Cemetery shall be observed, and any deficiencies noted within the scope of the contract shall be corrected as soon as practicable. Items that need correcting outside the scope of the contract shall be reported to the Contracting Officer or his representative.

b. The Contractor shall be required to submit daily inspection reports/checklists and work accomplished to the COR weekly. The COR is located at Fort Logan National Cemetery, Denver, CO. The inspection forms/checklists shall be provided to the Contractor (see “Work Summary and Progress Report”, Attachment E)

13. MAINTENANCE DURING CEMETERY FUNCTIONS

a. The burial activities at a National Cemetery will take precedence over contract activities. The Contractor shall cooperate and coordinate with the COR or authorized designee, in arranging schedule to cause the least possible interference with cemetery activities in actual burial areas. The COR or a representative shall furnish the Contractor with a schedule of all interments and/or ceremonies no later than the close of business of the day prior to the scheduled event.

b. Work noise during the interment services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period. Contractor personnel shall not operate motorized equipment or conduct other commercial activities during interment services.

c. Execute work in such a manner as to interfere as little as possible with work being done by others. To minimize contract activity interference with flow of cemetery traffic, keep roads, walks and entrances to grounds, parking and occupied areas of buildings clear of materials, debris, and standing equipment/vehicles always. At least one lane must be always open to traffic.

14. PERFORMANCE EVALUATION MEETING

a. The issuance of a Contract Discrepancy Report (CDR) found at Attachment D may be cause for the scheduling of a meeting among the Contractor, Contracting Officer, and the COR. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, Contracting Officer, and the COR will sign minutes of the meeting(s).

b. Should the Contractor not concur with the minutes, they shall so state their objections in writing to the Contracting Officer, within ten calendar days, and explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor's non-concurrence and decide to revise or uphold the comments as written. The Contracting Officer will notify the Contractor of the decision in writing within ten calendar days of submission of any objections.

15. ACTIONS

a. Normally, the COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

b. If the Government created any of the discrepancies, these will not be counted against the Contractor's performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the COR will forward a written notice to the responsible organizational element requesting corrective action be taken.

c. When the Contractor is not meeting the acceptable limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as work performance is less than satisfactory.

d. When a CDR is issued for a service, the Contracting Officer and/or the COR may exercise any contractual remedy available for non-performance, in accordance with FAR 52.212-4, “Inspection and Acceptance”.

e. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, further actions may be considered, to include a determination on whether continued performance by the contractor is feasible.

16. CONTRACTOR’S QUALITY CONTROL PLAN (QCP)

The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP shall be forwarded to the Contracting Officer along with the requested initial proposal and may be revised as necessary during the life of the contract, with concurrence of the COR and Contracting Officer. The Contracting Officer will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. The Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

a. An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis; how often inspections shall be accomplished and documented; and the title of the individual(s) who will perform the inspections.

b. On-site records of all inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

c. Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

d. The methods for identifying and preventing deficiencies in the quality of service performed before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

e. On-site records identifying the character, physical capabilities, certifications, and ongoing training of each employee performing services under this contract.

f. A log to account for all requests for immediate service. The log shall indicate the date and time of services, and description of results and completion of these services.

g. On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

17. HISTORIC PRESERVATION

When the Contractor or any of the Contractor's employees, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, the Contractor shall stop work immediately and notify the COR verbally, and then with a written follow up.

18. PLACEMENT OF ORDERS

Delivery Orders for services at the Fort Douglas Post Cemetery in Salt Lake City, UT will be placed by the COR. Orders may be faxed to the contractor at the COR's discretion.

Agents/Branches: If the contractor maintains agents/branches, the Department of Veterans Affairs is to be provided with a list containing any information necessary indicating how and with whom orders are to be placed.

19. BILLING/INVOICE FOR PAYMENT

Invoices shall be submitted in monthly in arrears, to the COR located at the Fort Logan National Cemetery, Denver, CO 80235.

20. AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as CORs.

21. EXPOSURE OR ACCIDENTAL DISCOVERY OF REMAINS

a. Should any on-site activity, incident, emergency, or disaster result in exposure and/or damage to any remains, container for remains (i.e., casket or urn), or outer burial container, the Contractor shall IMMEDIATELY notify the Cemetery Director, the COR and/or the CO; take immediate steps to protect and render safe any exposed remains; and stop any further work until the Cemetery Director provides the Contractor guidance regarding disposition of the remains and permission to proceed.

B.4 GENERAL CONDITIONS

1. WORK ENVIRONMENT AND WEATHER CONDITIONS

a. All work under this service Contract will be performed primarily out-of-doors and personnel performing these services will be exposed to wind, heat, sun, cold, dampness, frost, fog, rain and snow. These conditions, may, at times, be extreme. The Contractor shall take all necessary precautions to protect his/her employees from the elements to the maximum practicable extent. Weather will not be considered an excusable delay in meeting specifications or project schedule with the exception of the Contractor nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. The Contractor understands that it may be necessary to work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines, at no additional cost to the Government. If weather conditions are such the work performed on that day may cause more damage to the Cemetery grounds than good, the COR has the authority to stop work until conditions improve and the COR directs continuation of performance.

b. Due to the sensitive mission of the Cemetery, the work could occasionally involve contact with and/or exposure to grieving individuals. Contractor personnel shall exercise and exhibit absolute decorum, composure and stability always and refer such individuals to Cemetery staff.

2. SAFETY AND ENVIRONMENTAL PROTECTION

a. The Contractor shall be responsible to ensure all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the Contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

b. Matters related to safety, and any actions of the Contractor shall meet all safety requirements, Department of Veterans Affairs, OSHA, and the State. It is incumbent upon the Contractor to be familiar with these requirements.

c. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be provided by the Contractor at all work sites to eliminate hazards and for the protection, safety, and warning of all public visitors, pedestrians, cemetery employees, and vehicular traffic within the area. All open and unattended holes in the ground must be covered with plywood and/or barricaded for pedestrian safety.

d. Spill Prevention, Containment, and Clean-up: The Contractor shall contain, clean up, and report all spills on Government property in a manner that complies with all applicable Federal, State, and Local laws and regulations or otherwise stated herein, and the installation spill control plan at no cost to the Government.

e. Dust Control: Keep dust down at all times, including during nonworking periods. Sprinkle or treat with dust suppressants, soil at the site, haul roads, and other areas disturbed by operations. Street sweeping or vacuuming methods shall minimize the introduction of fugitive dust and fine particulates into the air. Sweeping shall be collected and disposed of as municipal waste.

3. FIRE SAFETY

a. Applicable Publications: Publications listed below form part of this Article to extent referenced. Publications are referenced in text by basic designations only.

1) National Fire Protection Association (NFPA):

i. Standard for Portable Fire Extinguishers

ii. Flammable and Combustible Liquids Code

2) Occupational Safety and Health Administration (OSHA)

i. 29 CFR 1926, Safety and Health Regulations for Construction

b. Fire Safety Plan: Establish and maintain a fire protection program in accordance with 29 CFR 1926.

c. Means of Egress: Do not block exits for occupied buildings, including paths from exits to roads. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

d. Situate temporary facilities, such as trailers, storage sheds, and dumpsters, away from existing buildings and new construction by distances in accordance with NFPA 241. For small facilities with less than 6 m (20 feet) exposing overall length, separate by 3m (10 feet).

e. Fire Extinguishers: Provide and maintain extinguishers in construction areas and temporary storage areas in accordance with 29 CFR 1926, NFPA 241 and NFPA 10.

f. Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30.

g. Smoking: Smoking is prohibited except in designated smoking rest areas approved by the COR.

4. OPERATIONS AND STORAGE AREAS

a. Space available for storing materials is limited at the cemetery; a very small staging area can be used if approved by the COR. It is understood the Government will not be held responsible for any damage to or loss of the Contractor’s equipment, materials, supplies or the like which may result from vandalism, theft etc. while on site. Contractor may base operations out of this Staging Area, and may use it for materials and equipment storage, and administration. The Contractor can utilize the Staging Area for placing spoils, the trash dumpster area, employee lunch/break area, etc. The Contractor shall be responsible for maintaining fire extinguishers and other safety equipment within the Staging area.

b. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR or Contracting Officer. Do not store materials and equipment in other than approved areas. The Contractor shall hold and save the Government, its officers, and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

c. Temporary buildings (e.g., storage sheds, shops, offices) to include but not limited to site office, covered storage, portable toilet facilities, etc. may be erected by the Contractor within the “Contractor Staging Area” with the approval of the COR or Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. All utilities to this area are the responsibility of the Contractor. Electrical power is to be supplied by either a Contractor-owned generator or by the local power company. Secondary service runs and the cost of power are the Contractor’s responsibility. The temporary buildings shall remain the property of the Contractor and shall be removed by the Contractor at his/her expense upon completion of the work.

d. Inability to erect or use Contractor facilities for any reason shall in no way alter the Contract. The Contractor would then be responsible for delivering and removing all necessary equipment and supplies daily.

5. TEMPORARY TOILETS

The Contractor shall ensure that restroom facilities are made available for use by workmen as necessary to comply with applicable OSHA requirements. The Contractor shall provide portable chemical toilets. These portable toilet facilities shall be kept clean and free of excessive odors, insects, etc. Locate portable toilet facilities in the COR approved “Contractor Staging Area” only. It will not be permissible to locate portable toilet facilities in any other locations throughout the Cemetery. All connections and appliances connected therewith shall be removed prior to completion of contract, and premises left perfectly clean. The Contractor shall ensure that if the permanent cemetery toilet facilities are used by workmen, the restrooms shall be left in the same or better condition than prior use.

6. DISPOSAL AND RETENTION

a. Contractors shall be responsible for cleaning cemetery structures, headstones/flat makers, monuments, and roadways that are soiled or stained because of Contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures headstones/flat markers, and monuments at the end of each workday. Roadways shall be cleaned with a street sweeper each day as needed to keep the existing roads free from dirt and mud resulting from Contractor operations. No hazardous chemicals are to be used at any time on Government property except for herbicide treatments. The Contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.

b. At the end of each day the Contractor shall remove all debris from the Cemetery site resulting from the work. The Contractor shall always ensure that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site.

c. The Government will not provide receptacle(s) for disposal of debris related to this contract. The Contractor shall provide his/her own REFUSE FACILITIES, and these shall only be in the COR approved “Contractor Staging Area”. Do not place dumpsters or refuse facilities in any other location at the Cemetery other than the approved “Contractor Staging Area”. The Contractor shall dispose of all debris and other waste materials at a licensed off-site landfill unless otherwise directed by the COR.

d. The Contractor shall dispose of all hazardous waste in accordance with the Resource Conservation and Recovery Act (RCRA) and all other applicable Federal, State, and Local law and regulations. On-installation storage or disposal of hazardous waste is NOT allowed.

7. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

a. Damage to Government property: The Contractor (including his or her employees, subcontractors, consultants or the like) shall be responsible for repair or replacement of any contractor damaged cemetery structure, to include: turf, curb, road pavement, headstones or markers, valve boxes, grid monument control markers, trees, plant beds, etc., which are chipped, marred, damaged and/or ruined at the fault of the Contractor. The Contractor shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the COR prior to repair, replacement, or installation.

b. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site that are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so by the COR and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and remove and properly dispose of from the site as defined herein.

c. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall immediately notify the COR of any such occurrence and repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

d. Protection of Existing Utilities: Contractor shall be responsible for damages to utilities, above and below ground.

e. Refer to paragraphs, "Operations and Storage Areas", "Alterations", and "Restoration" for additional instructions concerning repair of damage to structures and site improvements.

8. RESTORATION

a. Contractor shall remove, cut, alter, replace, patch and repair existing work as necessary. Except as otherwise shown or specified, do not disturb any water, steam, gas, or electric services without prior approval of the COR or Contracting Officer. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original construction, except as otherwise shown or specified.

b. Upon completion of Contract, Contractor shall deliver work complete and undamaged. Existing cemetery features (lawns, paving, roads, and walks) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work. All restoration work shall be accomplished without undue delay.

c. At Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workmen/subcontractors to existing cemetery infrastructure.

9. USE OF ROADWAYS

The Contractor shall, under regulations prescribed by the Contracting Officer or COR, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the COR or Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, or similar construction the Contractor shall protect them from damage by well-constructed bridges. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

10. AVAILABILITY AND USE OF UTILITY SERVICES

a. WATER: Water will only be made available via Contractor connection to existing Cemetery water system in existing locations where connection is available, and for purposes of this Contract only. The Contractor at Contractor's expense and in a workmanlike manner satisfactory to the COR shall be responsible for installing and maintaining temporary connections to the Cemetery water supply in accordance with regulations. Contractor shall not obstruct normal traffic flow on adjacent roads while water is being obtained. In locations where Cemetery water system is not readily available, the Contractor shall provide and utilize portable water tanks and/or water trucks as necessary to transport water to areas where needed to complete the work required by this Contract.

b. ELECTRICITY: In case the Contractor requires electricity while in performance of this Contract, the Contractor shall provide and utilize portable generators as necessary to complete the work.

11. WORK PERFORMED BY OTHERS ON SITE

The Government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other contractors and with Government employees and shall carefully adapt scheduling and performance of work, and needing any direction, it shall be provided by the COR. The Contractor Supervisor shall be responsible for reporting to the COR any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor Supervisor shall not take it upon him or herself to resolve any problems or issues with other on-site contractors or employees, but rather will leave it to the COR to resolve the issue.

12. REPORTING AND RECORD KEEPING

a. The Contractor Supervisor shall report daily to the COR via telephone and log in. This DAILY check-in is mandatory and shall be at a time agreed upon by the COR and the Contractor Supervisor within the requirements of paragraph “b” below.

b. The purpose of the DAILY meeting is to coordinate and establish the daily work schedule to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony, and to submit the required written reports to the COR. These Daily meetings are for the Contractor Supervisor to ask questions and ensure he/she understands the off-limit areas, which may vary depending on the event. The Contractor Supervisor can thus assign tasks accordingly throughout the rest of the Cemetery so that productive use of labor and equipment is assured, and downtime is avoided. If the Contractor Supervisor fails to re-direct employees away from an event in a timely fashion, the COR may then assist in doing so.

c. The Contractor Supervisor or his designee shall provide the COR the following documentation: The Contractor Supervisor shall provide WEEKLY and DAILY work schedules to the COR. The contractor is required to schedule all required services and is further required to comply with his schedule except for delays beyond his control. Such delays shall be coordinated through the COR. The work schedule shall include deficient work identified by contractor's quality control inspections and not yet corrected.

d. The Contractor shall submit the WEEKLY schedule every Friday by 3:00 P.M. indicating the work to be performed during the following week and the DAILY schedule shall be submitted daily by 8:00 A.M. indicating work being performed on that day.

e. The Contractor Supervisor shall provide weekly an accurate written report identifying all work that took place within the previous seven calendar days. The contractor shall document services performed, indicate the location where work was to be performed, and provide information to the COR as required.

f. A list of scheduled ceremonies will be provided to the Contractor Supervisor the week prior to the scheduled events, and a list of scheduled funerals will be provided daily. The Contractor Supervisor shall be solely responsible for ensuring that no contract work causes any funeral, ceremony, procession, or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity or security of the event is compromised. The Contractor shall be solely responsible for staying abreast of all such upcoming events and when in doubt, he/she must ask the COR.

g. The Contractor’s performance and progress on this contract shall be measured weekly based on how timely, accurately, and adequately he/she accomplishes and completes the weekly work scheduled and as needed to systematically accomplish the contract work over the duration of the project. In instances where the COR determines that the work is behind schedule, he will notify the Contracting Officer and the Contractor shall increase workforce and/or hours of operation at no additional cost to the Government to achieve completion of the contract work within the specified timeframe.

h. SUBMITTALS - The Contractor shall submit the following documents or information in accordance with the table below.

13. EMPLOYEE REQUIREMENTS

a. The Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

b. Labor Force and Equipment: The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Contractor shall be responsible to provide all labor and equipment as necessary to meet deadlines. The Contractor will provide all necessary resources to complete the efforts assigned under the scope of this contract.

c. Employee Listing: The Contractor shall maintain and provide the COR a current list of all employees on site including subcontractor personnel. The list shall include the employee’s name, job title, and driver’s license number.

d. Employee Identification: The Contractor's employees shall always wear visible identification while on the premises of the Cemetery.

e. Contractor personnel shall park only in the COR approved “Contractor Staging Area” identified for this project. Workers are not allowed to park throughout the cemetery grounds, and violation of this requirement shall form the basis for immediate contract enforcement action, to include immediate removal from the Cemetery.

f. The Contractor shall be responsible to ensure that his/her employees (including contractor’s consultants, subcontractors, etc.) are aware of all the terms and conditions regarding their performance and conduct during the performance period of this contract.

g. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation/summons answerable in the United States (Federal) District Court, or another appropriate agency/jurisdiction.

h. Contractor personnel are subject to rules of the Cemetery applicable to their conduct.

14. ORIENTATION FOR CONTRACTOR EMPLOYEES

The contractor shall be responsible to ensure that contractor employees coming to the work site will receive complete information on each of these subjects:

· Safety, Environmental Protection, and Fire Safety.

· Project Work Schedule, Rules Pertaining to Employee Requirements and Conduct, General Parameter Job Related Issues.

· Disaster procedures.

· All technical requirements and work procedures of the contract.

15. WORK HOURS

a. Work may be performed between the hours of 7:00 a.m. to 4:00 p.m. local time, Monday through Friday except observed Federal Holidays or unless otherwise directed by the COR. At Contractor request and with the written permission of the COR, work may also be permitted to be scheduled during weekends and/or Holidays. When situations prohibit work completion during the normal work week, (such as weather-related or contractor-caused delays), then the Contractor will plan with the COR to work on weekends, as needed, in order to meet the requirements of performance within the period specified. The Government will not compensate the Contractor for any alternate work schedules needed for the Contractor to complete all contract work within the specified period of performance.

After Normal Hours/On-Call/Emergency Situations

b. The Contractor shall establish and maintain a point-of-contact to receive emergency calls from the COR(s). The point-of-contact shall be available on a 24-hour basis including during weekends, Federal Holidays and after normal hours of operation. The Contractor shall provide phone, pager, and cell phone numbers for emergency and/or after hour’s situations. Repairs shall be made as expeditiously as circumstances allow or within (24) hours upon initial emergency call.

c. Contractor shall provide name/telephone number(s) for Project Manager (Home Office), Supervisor, and Foreman, including normal and after hours contact numbers, cell, and fax numbers.

d. If work is authorized to be performed after hours or on weekends/holidays and an emergency should occur, the Contractor shall contact the COR and the Cemetery Director. In the absence of the COR and the Cemetery Director, the Contractor shall contact the local police.

e. Federal Holidays. The Federal Government observes the following holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. Special Event Setup will be required during Memorial Day weekend activities. In addition, as a service to all Veterans and their families, a national cemetery will never go more than two days without offering interment times and the NCA will accommodate internments when there is a three-day holiday. The Contractor shall provide interment services during these special instances.

16. PERMITS, LICENSES, AND INSURANCE

The Contractor shall be responsible for obtaining all necessary and current licenses, permits, vehicular insurance and registration, Workman’s Compensatory Liability Insurance, property liability insurance etc., prior to the commencement of work. The Contractor shall provide the Contracting Officer copies of these required documents within 10 days from date of award of a contract or as other times where the COR deems necessary during the duration of the project.

17. CONTRACTOR-FURNISHED ITEMS

a. The Contractor shall be responsible for supplying all equipment, personnel, tools, supplies, and materials necessary to perform the services required by this contract. Contractor-furnished items necessary to perform work as required under this contract shall be furnished, maintained, and operated by the contractor and shall be consistent and fully compliant with all applicable OSHA, Federal, State, County, City laws, ordinances, and regulations.

b. The Contractor shall be responsible for the supply, maintenance, and repair of all Contractor-owned equipment. This includes minor maintenance/repair and minor operating parts for equipment such as lubrication, oil changes, spark plugs, gaskets, cotter pins/keys, electric extension cords, etc., to keep all equipment in good operational condition throughout the period of performance of this contract.