PWS Litter Services Final.docx

Performance Work Statement

Project: Litter Collection and Cleaning Services, Terminus Dam/Lake Kaweah, Lemon Cove, Tulare County, California

Points of Contact

CONTRACTOR POC TBD

CESPK-ODS-K

34443 Sierra Drive Lemon Cove, Ca 93244-0346

PH: (559) 597-2301

Email: Phil.Deffenbaugh@usace.army.mil

Safety Officer Mr. Curtis Morris U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-SO 1325 J Street Sacramento, CA 95814-2922 Curtis.D.Morris@usace.army.mil Ph: (916) 557-5358

Payment Questions: Direct payment questions to the COR

For prompt payment, submit invoices to all parties and follow the guidance provided in the Invoicing and Payment paragraph. Payment is NET 30 unless the Contractor specifies prompt payment discount terms in the quote/proposal.

Incomplete or inaccurate invoices shall be returned to the Contractor for revision.

1.0 General Information.

1.1 The work required under this contract provides for Litter Collection and Cleaning Services at Lake Kaweah. Lake Kaweah is located in Tulare County, California approximately twenty miles east of Visalia, CA. Detailed descriptions of the work are contained in the Technical Requirements section A, B, Etc. Maps of the areas to be covered are included as Attachment 3. Prospective bidders are strongly urged to visit the work area prior to bidding on this contract.

1.2 In the event that any part or the entire Park is permanently or temporarily closed, the segments of this contract pertaining to that area will not be required and therefore not utilized. The number of facilities may vary. Contractors will not perform work in those closed areas or facilities that are not in use and will not be compensated for work not done.

2.0 Introduction.

2.1 This Performance Work Statement describes the objectives of the litter collection and cleaning services at Cobble Knoll, Slick Rock Recreation Area, Horse Creek Recreation Area, Horse Creek Campground, Kaweah Recreation Area and Lemon Hill Recreation Area within the Lake Kaweah project boundaries, Tulare County, CA. The Performance Based Service Contract provides potential Quoter/Offeror 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 State of Work that the Government traditionally provides to prospective Offeror’s. Minimum levels of performance and disincentive for failure to meet the minimum levels are outlined in the “Performance of Work Requirements Summary” contained in Attachment A.

3.0 Description of Services.

3.1 Except for those items furnished at the discretion of the Government, the Contractor shall furnish all labor, materials, equipment, transportation and supplies necessary to fulfill the terms and conditions stated in this contract. The Contractor shall be responsible for all costs related to performing contract services. Services include, but are not limited to, trash/litter collection and removal, raking, sweeping sidewalks, removing debris from fire rings, cleaning grills, tables, lantern holders etc. All work, materials and equipment shall be subject to the control and approval of the Operations Project Manager.

4.0 Work Schedule.

4.3 When a service day falls on a Federal Holiday, the service shall be performed on that day, unless otherwise specified by the Operations Project Manager.

5.1 Prior to submitting bids, bidders are strongly urged to inspect the job site where services are to be performed to satisfy themselves regarding conditions that may affect the cost of performance of the contract.

5.3 In no event will failure to inspect the site constitute grounds for the withdrawal of a bid after opening or for a claim after the award of the contract. (FAR 52.237-1)

6.0 Contractor Furnished Property.

6.1 The Contractor shall provide all equipment, transportation, fuel, materials and supplies, including office supplies necessary to accomplish work under this contract. The Operations Project Manager or representative must approve all supplies and materials.

6.2 Only clean water shall be used for cleaning. Potable water is available for use throughout the project.

6.3 Clothing: Contractor and/or Contractor employees shall wear uniform short or long sleeve shirts and closed-toe shoes while performing all items of work. Uniform shirts shall have on them a company name/identifier. Clothing shall be worn in a neat and acceptable manner.

6.4 Vehicles: All Contractor vehicles shall be marked with the company's name and phone number. Magnetic door signs will be accepted.

6.5 Government Furnished Property includes contracted dumpster services and 35 gallon trash cans.

6.6 The Contractor shall maintain keys and combinations to all gates and buildings required to perform contract services. Any changes to combinations made by the Contractor shall be pre-approved by the COR. Any locks exclusively accessible by the Contractor, but inaccessible to park staff will be removed and replaced at the Contractor’s cost.

7.0 Security.

7.1 The Contractor shall maintain all combinations, codes, passwords and instructions in a confidential and secure manner.

7.2 Security gates, storage yards and office compounds shall remain locked except when authorized employees are present in the immediate area. All storage buildings, storage rooms, equipment rooms and park buildings shall remain locked except when in use.

7.3 The Contractor will be issued keys and a code for the electronic gates and ID cards as needed. Extra keys shall be obtained from the Operations Project Manager. Government keys shall not be duplicated, and the access codes shall not be shared. The Contractor shall maintain a current register of all keys issued and individuals to whom access codes have been given.

7.4 If the Contractor is required to work in a building equipped with security (alarm) systems, the Contractor shall be issued codes that will allow access as determined by the Operations Project Manager. Procedures for specific buildings will be determined by the Operations Project Manager and shall be followed by the Contractor. The Contractor shall obtain permission from the Operations Project Manager prior to issuing code to any contract employee and shall provide the employee's name in writing and a copy of valid identification. The Contractor shall maintain an up to date listing of all employees with access codes and inform the Operations Project Manager or representative immediately of any and all changes.

8.0 Accident Prevention Plan (APP).

8.1 The Contractor shall obtain USACE Safety Officer approval of the Accident Prevention Plan BEFORE starting any work in the field/on-site.

8.2 The Contractor shall use a qualified Safety and Health Manager (SHM) to prepare the written site- specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1. Cover all paragraph and subparagraph elements in Appendix A of USACE EM 385-1-1 "Minimum Basic Outline for Preparation of Accident Prevention Plan.” Activity Hazard Analyses (AHAs) shall be appended to the APP.

8.3 The Contractor shall develop an Injury and Illness Prevention Program (IIPP) for projects within the State of California as an appendix to the APP. Where a paragraph or subparagraph element is not applicable to the work to be performed indicate "Not Applicable" next to the heading. The APP shall be job-specific and shall address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor’s overall safety and health program (SHP). Any portions of the Contractor’s overall safety and health program referenced in the APP shall be included in the applicable APP element and made site- specific. The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the sub- Contractor’s. Contractor is responsible for informing their sub-Contractors of the safety provisions under the terms of the contract and the penalties for non-compliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting sub- Contractor operations to ensure that accident prevention responsibilities are being carried out. The Contractor, SHM, on-site Project Supervisor, and Site Safety and Health Officer (SSHO) shall sign the APP.

8.4 The Contractor shall submit the APP to the USACE Safety Officer within 10 days of award. The Government will review the documents within 10 days. The Contractor shall resubmit the documents, with any requested changes, within 5 days of request. Submissions shall be provided in Microsoft Office Word (use latest Corps version) shall be provided on a CD, and in two hard copies.

8.5 The Contractor’s APP and subsequent activities must comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:

8.5.1 EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, 15 Sep 08 Edition, Effective 30 Nov 14, https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

8.5.2 Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.

8.5.3 29 CFR 1926, Safety and Health Regulations for Construction.

8.5.4 29 CFR 1926.65/29 CFR1910.120, Hazardous Waste Operations and Emergency Response.

8.5.5 USACE, Safety and Occupational Health Document Requirements for Hazardous, Toxic and Radioactive Waste (HTRW) Activities, ER 385-1-92 (1 November 2018).

8.5.6 NIOSH/OSHA/USCG/EPA, Occupational Safety and Health Guidance Manual for Hazardous Waste Activities (October 1985).

8.5.7 American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005).

8.5.8 Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders.

8.5.9 8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.

8.5.10 8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program.

8.5.11 American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005)

8.5.12 OSHA ancillary safety and health regulations governing certain aspects for this contract include:

a. Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144) Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

b. Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194) The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147)

c. Proposition 65 (22 CCR Section 12000) Chemicals Know to the State to Cause Cancer or Reproductive Toxicity.

9.0 Pre-Work Meeting. (000AA)

9.1 After date of award and prior to commencement of work, the Contractor shall contact the Operations Project Manager or his/her representative to schedule a pre-work meeting.

9.2 Prior to the beginning of the contract, the Contractor shall meet with the Operations Project Manager to discuss all elements of this contract. At least one week prior to this meeting, the Contractor shall submit to the Operations Project Manager all information required under this contract including Certificate of Insurance, Safety Plan, and name of supervisor and alternate supervisor. The Operations Project Manager will determine the date, time and location of this meeting.

10.0 Litter Collection.

10.1 Litter is defined as any trash, waste, rubbish, foreign debris and/or man-made products discarded throughout the area that does not belong in the former natural setting. The Contractor shall remove all litter from;

10.2 Cobble Knoll (XXX1AA) – The total area (map #6) is approximately 48 acres, but the service area will be smaller and vary depending on water level. It starts from the trailhead parking area near the Western Lodge along the top of the dike to the northeast, from the end of the dike to the water’s edge; follow the water’s edge toward the Slick Rock area. This area encompasses all of Cobble Knoll from State Highway 198 to water’s edge (lake shoreline or south side of the Kaweah River) including parking areas, trails, and unofficial dispersed picnic areas, excluding private land along Hwy. 198. Remove all litter, garbage or other discarded items within 20 feet from all parking areas and trails and 50 feet from the water edge. Place litter in government provided dumpsters. Check trashcans near portable restrooms, vault restrooms, wet restrooms picnic areas, and honor vaults (Iron Rangers) in the service areas and empty contents into dumpsters when the trashcan is one half full or more. Replace liner.

10.3 Slick Rock Recreation Area (XXX1AB) - The total area (map #5) is approximately 115 acres, but the service area may be smaller and vary depending on water level. It starts from the western edge of the Slick Rock Recreation Area at the gate on the old highway. From the gate the southern boundary is Highway 198 and extends east to eastern edge of the parking lot. From this parking lot the service area extends around the adjacent private property (Lazy J Ranch Motel) and directly north to the water’s edge. Remove all litter, garbage or other discarded items within 20 feet from all parking areas, roads, and trails and 50 feet from the water’s edge. The boundary encompasses all of the Slick Rock Recreation Area from State Highway 198 to water’s edge (lake shoreline or south side of the Kaweah River) including parking areas, trails, and unofficial dispersed picnic areas, excluding private land along Hwy. 198. Place litter in government provided dumpsters. Check trashcans in the service areas and empty contents into dumpsters when the trashcan is one half full or more. Replace liner.

10.4 Horse Creek Recreation Area (XXX1AC) - The total area (map #4) is approximately 465 acres, but the service area will be smaller and vary depending on water level. The access to this area is at the end of Horse Creek Road to the left and encompasses all areas between the road and the water’s edge. Follow the water’s edge under the bridge and up to the Horse Creek Campground boundary. Within these boundaries remove all trash 20’ from all roadsides, parking areas, trails, unofficial dispersed picnic areas and 50 feet from the water’s edge. Place litter in government provided dumpsters. Check trashcans in the service areas and empty contents into dumpsters when the trashcan is one half full or more. Replace liner.

10.5 Horse Creek Campground (XXX1AD) - The total area (map #3) is approximately 53 acres, but the service area may be smaller and vary depending on water level. It starts from the entrance to Horse Creek Campground and includes 84 campsites, an amphitheater, and a nature trail. Remove all litter, garbage or other discarded items within these boundaries including all roadsides, parking areas, campsites, amphitheater, nature trail and shoreline and 50' around sides of all the above. Place litter in government provided dumpsters. Check trash cans in the service areas and empty contents into dumpsters when the trash can is one half full or more. Replace liner.

10.6 Horse Creek Day Use (XXX1AE) - The total area (map #3) is approximately 1 acre. It starts from the entrance to Horse Creek Campground at Hwy 198 and includes three picnic sites parking area and access to the well house. Remove all litter, garbage or other discarded items within these boundaries including all roadsides, parking areas, picnic sites, and 50' around sides of all the above. Place litter in government provided dumpsters. Check trash cans in the service areas and empty contents into dumpsters when the trash can is one half full or more. Replace liner.

10.7 Kaweah Recreation Area (XXX1AF) – The total area (map #2) is approximately 356 acres, but the service area may be smaller and vary depending on water level. During low lake levels - from the entrance to Kaweah Recreation Area and Hwy. 198 east to the gate at the east end of the old highway, from the gate follow the shoreline to the west to the lower launch ramp, from the launch ramp continue to follow the shoreline to the west to a point 1,000 feet west of the lower ramp return to the east to the ramp and parking areas continue south along the roads and parking areas ending at the entrance and Hwy. 198. Within these boundaries remove litter within 20’ of all roadways, parking areas, picnic sites, lawn areas, shoreline, boat ramps, and 50' from the water’s edge. During high lake levels service the entrance area and all accessible shorelines east and west of the entrance. Remove all litter, garbage or other discarded items and place litter in government provided dumpsters. Check trash cans in the service areas and empty contents into dumpsters when the trash can is one half full or more. Replace liner.

10.8 Lemon Hill Recreation Area (XXX1AG) – The total area (map #1) is approximately 85 acres, but the service area may be smaller and vary depending on water level. Starting from the entrance to Lemon Hill and Hwy. 198, remove all litter 20 feet from all roadways, parking areas, picnic sites, lawn areas, shoreline, boat ramps, the Visitor Center deck and 50 feet from the water’s edge. Remove all litter, garbage or other discarded items and place litter in government provided dumpsters. Check trash cans in the service areas and empty contents into dumpsters when the trash can is one half full or more including trash can on Visitor Center deck. Replace liner.

10.9 The specific acreage for each service area will vary with the time of the year and lake levels.

10.10 Litter Removal - Schedule of Services

10.10.1 Winter Season

a. For the months of December through February and October through November, pick up litter at Cobble Knoll, Slick Rock Recreation Area, Horse Creek Recreation Area, Kaweah Recreation Area, Lemon Hill Recreation Area, and at Horse Creek Campground around the 37 public use campsites in the open side of the campground (all areas west of the gates near campsites 8 and 80).

b. Litter services will be conducted twice a week on Mondays and Fridays by 3:00 pm.

10.10.2 Summer Season

a. For the months of March through September, pick up litter at Cobble Knoll, Slick Rock Recreation Area, Horse Creek Recreation Area, Kaweah Recreation Area, Lemon Hill Recreation Area, and Horse Creek Campground around all the 84 public use campsites in the campground.

b. Litter services will be conducted 5 days a week on Thursday, Friday, Sunday, Monday, and Tuesday by 3:00 p.m. Litter service days may be changed at the discretion of the Operations Project Manager.

10.11 Corps personnel shall perform inspections and audit frequently and randomly, without prior notice.

10.12 Maps of these specific recreation area boundaries can be found in Attachment C.

11.0 Cleaning Services. The Contractor shall clean;

11.1 Slick Rock Recreation Area Vault Restroom (XXX2AA)(Map #5): Rake to a distance of 10 feet around the Vault Restroom. Sweep or blow all walkways. Collect and deposit any litter and debris into dumpster. Report any damaged or vandalized facilities to lake staff and remove graffiti.

11.2 Horse Creek Campground Campsites (XXX2AB & XXX2AC)(Map #3): Leaf-rake each campsite to a minimum distance of 10 feet around the fire ring and picnic table in each direction, collect and deposit any litter and debris into dumpster. Wash each table, benches, lantern holder and utility table to be free of dirt, grease and bird droppings. Maintain fire-rings and grill by removing ashes, partially burned wood and any organic or non-organic debris and deposit into dumpster, ensuring there are no live coals. Clean grill surfaces so as to be free of grease and food particles. Maintain fire ring concrete pad or dirt base to keep ring level and secure. Stack leftover firewood beside fire-rings. Remove rope or wire from shelters or trees. Sweep or blow all sidewalks and stairs around campsites. Report any damaged or vandalized facilities to lake staff and remove graffiti. If a campsite is occupied, it may be serviced on the next service day. Contractor will not be penalized for not cleaning an occupied site but will not be paid for the service. NOTE: The specific number of services for each area will vary with the time of the year and lake levels.

11.3 Horse Creek Campground Amphitheater (XXX2AD)(Map #3): Rake amphitheater area and to a distance of 10 feet beyond boundary. Sweep or blow walkways and benches. Collect and deposit any litter and debris into dumpster. Report any damaged or vandalized facilities to lake staff and remove graffiti.

11.4 Horse Creek Campground Restrooms (XXX2AE)(Map#3): Rake to a distance of 10 feet around restroom #1 & #2. Sweep or blow all walkways and stairs. Collect and deposit any litter and debris into dumpster. Report any damaged or vandalized facilities to lake staff and remove graffiti. NOTE: Restroom #1 is open year round and Restroom #2 is open March through September.

11.5 Horse Creek Day Use Area picnic sites (XXX2AF)(Map #3): Leaf-rake three (3) picnic sites to a minimum distance of 10 feet around the barbeque grills and picnic tables in each direction, collect and deposit any litter and debris into dumpster. Wash each table and benches so as to be generally free of dirt and grease. Maintain barbeque grills by removing ashes, partially burned wood and any debris. Clean grill surfaces so as to be free of grease and food particles. Remove rope or wire from shelters or trees. Sweep or blow all sidewalks and stairs. Report any damaged or vandalized facilities to lake staff and remove graffiti.

11.6 Kaweah Recreation Area picnic sites (XXX2AG)(Map #2): Leaf-rake up to eight (8) picnic sites to a minimum distance of 10 feet around the barbeque grills and picnic tables in each direction, collect and deposit any litter and debris into dumpster. Wash each table and benches so as to be generally free of dirt and grease. Maintain barbeque grills by removing ashes, partially burned wood and any debris. Clean grill surfaces so as to be free of grease and food particles. Remove rope or wire from shelters or trees. Report any damaged or vandalized facilities to lake staff and remove graffiti. NOTE: The specific number of services for each area will vary with the time of the year and lake levels.

11.7 Kaweah Recreation Area restroom and sidewalks (XXX2AH)(Map #2): Rake to a distance of 10 feet around restroom in the upper parking lot. Sweep or blow all walkways. Collect and deposit any litter and debris into dumpster. Report any damaged or vandalized facilities to lake staff and remove graffiti.

11.8 Lemon Hill Recreation Area picnic sites (XXX2AJ)(Map #1): Leaf-rake each picnic site to a minimum distance of 10 feet around the picnic tables in each direction, collect and deposit any litter and debris into dumpster. Wash each table and benches so as to be generally free of dirt and grease. Remove rope or wire from shelters or trees. Sweep or blow the Lemon Hill concrete stairs from upper parking lot to the launch ramp including the sidewalk at bottom of stairs. Report any damaged or vandalized facilities to lake staff and remove graffiti.

11.9 Lemon Hill Recreation Area Restroom, sidewalks and stairs (XXX2AK)(Map #1): Rake to a distance of 10 feet around the vault restroom. Sweep or blow all walkways and stairs. Collect and deposit any litter and debris into dumpster. Report any damaged or vandalized facilities to lake staff and remove graffiti.

11.10 Cleaning Service -Schedule of Services

11.10.1 Winter Season

a. December through February and October through November, clean the 37 public use campsites in the open side of the campground (all areas west of the gates near campsites 8 and 80) and all picnic sites in three different areas, open restroom, sidewalks and stairs once each week.

b. Campsites, picnic sites, restrooms, sidewalks, and stairs be cleaned once a week on Wednesdays by 3:00 p.m. Occupied sites may be cleaned on the next service day.

11.10.2 Summer Season

a. March through September, clean the 84 public use campsites and all picnic sites, restrooms, sidewalks, stairs and one amphitheater in three different areas once each week.

b. Campsites, picnic sites, restrooms, sidewalks, stairs and amphitheater will be cleaned once a week on Wednesdays by 3:00 p.m. Occupied sites may be cleaned on the next service day.

12.0 E-Verify.

12.1 As of September 8, 2009, employers with federal contracts or subcontracts are required to use E-Verify to determine the employment eligibility of Employees performing direct, substantial work under those federal contracts. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify .

13.0 Period of Performance.

13.1 The minimum life of the contract should be one base period with options to extend the term of the contract up to one (1) additional year beginning from the date of award. The maximum life of the contract, including any options, shall not exceed five (5) years. Base and Option Year services may be cancelled for a variety of reasons, including but not limited to low campground usage, low visitation and campground closures, all of which are at the discretion of the Operations Project Manager. The Contractor shall be paid only for services performed.

13.2 Base Year: June 1, 2021 through 30 November 2021 (6 months). The Government may elect to exercise option years.

13.3 Option Year 1 will be 01 December 2021 through 30 November 2022.

13.4 Option Year 2 will be 01 December 2022 through 30 November, 2023.

13.5 Option Year 3 will be 01 December 2023 through 30 November, 2024.

13.6 Option Year 4 will be 01 December 2024 through 30 November, 2025.

14.0 Standards of Employee Conduct.

14.1 The work to be performed is within the boundaries of public areas. The Contractor’s attention is directed to the needs for extreme caution and care while driving and operating equipment. Safety requirements of EM-385-1-1 shall apply to all work. A copy of the Engineering Manual is available at the Park Headquarters for review.

14.2 Contractor and Contractor personnel shall be required to adhere to the following standards of dress and conduct while performing work. These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 30 November 2014, the California State Health Code, and County Codes.

14.3 The Contractor shall ensure that all clothing is clean, neatly pressed and in good condition. Cut-offs, stained, and/or tattered/frayed clothing, and sandals or open toe shoes will not be allowed. A clean, well-groomed appearance shall be maintained at all times while on duty.

14.4 The Contractor shall not carry or display any weapons in the public use areas at any time. The Contractor shall not take part in any selling or advertising activities.

14.5 The Contractor shall not perform any duties relative to any other contract or duties not specifically related to this contract during the specified tour of duty.

14.6 Alcoholic beverages and/or illegal substances shall not be consumed or possessed prior to or while on duty. The Contractor shall not be under the influence of any substance that impairs the ability to perform the prescribed services.

14.7 The Contractor shall not smoke in or around the fee booth, restrooms, or any other Government owned structure. Additionally, the Contractor shall not smoke while in contact with the public, Government personnel, or Government Contractors.

14.8 Use of any Government property without proper authorization will not be permitted.

14.9 The Contractor shall comply with all Title 36 regulations while performing services under this contract.

15.0 Protection and Use of Government Facilities and Equipment.

15.1 The Contractor shall be responsible for restoring any Government facilities or property damaged as a result of the Contractor’s operations. Reasonable care shall be used to avoid damage to existing structures, equipment, facilities, and vegetation in the areas serviced. Any damage shall be repaired or the items replaced as directed by the Operations Project Manager, at no cost to the Government. If the Contractor does not make such repair or replacement, the cost thereof will be deducted from normal contract payments.

15.2 The Government will provide repairs, as needed, to Government property used by the Contractor in the performance of required services. However, if the damages are found to be a result of the Contractor’s negligence or lack of reasonable care, the cost of the repairs or the cost to replace the item as directed by the Operations Project Manager, will be at no cost to the Government. If the Contractor does not reimburse the Government for such repairs or replacement, the cost thereof will be deducted from normal contract payments.

16.0 Performance Evaluation Meeting.

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

16.2 Should the Contractor not concur with the minutes, he will state in writing to the Contracting Officer within ten calendar days any areas he does not concur and explain the reasons for non- concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Office will notify the Contractor of the decision in writing within ten calendar days.

17.0 Remedial Actions.

17.1 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.

17.2 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.

17.3 When the Contractor is not meeting the 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 the limits of satisfactory performance are exceeded.

17.4 When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements Summary as attached hereto.

17.5 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate amount deducted from the periodic payment in accordance with the disincentive rate listed in the attached Performance Requirements Summary.

17.6 A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice or Show Cause letter at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

18.0 Contractor’s Quality Control Plan (QCP).

18.1 The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP will be forwarded to the COR at time of award. The COR will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary, reference Attachment B. The Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

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

18.1.2 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.

18.1.3 Active or established internal policies and procedures for updating equipment and procedures that may affect performance of contract.

18.1.4 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.

18.1.5 Identify the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

18.1.6 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. Including, any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

19.0 Authorities/Technical Direction.

19.1 The Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor will comply with the Changes clause of this contract when the Contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contractor Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contracts at this installation are not valid for this contract.

20.0 Payment and Invoices.

20.1 Invoices for payment shall be submitted upon completion of tasks as outlines in the pricing/payment schedule. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number W91238-XX-X-XXXX; see Block 2 of the Standard Form 1449. The final invoice must be marked “FINAL.” Copies of all invoices shall be provided to the following:

5722 Integrity Dr.

Millington, TN 38054-5005

20.3 A copy each of invoice WITH all necessary supporting documentation as required by this Performance Work Statement shall be emailed to the following individuals:

Mr. Phil Deffenbaugh U.S. Army Corps of Engineers

CESPK-ODS-K

34443 Sierra Drive Lemon Cove, Ca 93244-0346 Phone: (559) 597-2301 Email: Phil.Deffenbaugh@usace.army.mil

Ms. Erica Taylor U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-CT-B (Erica Taylor) 1325 J Street Sacramento, CA 95814-2922 Phone: (916) 557-7570 Email: Erica.J.Taylor@usace.army.mil

21.0 Contract Payments.

21.1 The Government shall pay the Contractor upon submission of Proper invoices for the services delivered and accepted for the portion of the work actually performed under the contract. Payment shall be made as indicated in the contract’s Payment Schedule not on percentage of completion. Deliverables as defined in the Payment Schedule of the contract must be accepted by the Government before payment will be made.

22.0 Contractor Performance and Discrepancy.

22.1 The issuance of a Contract Discrepancy Report (CDR), reference Section J, may be cause for the scheduling of a meeting among the Contractor, Contracting Officer (KO), and the Contracting Officer’s Representative (COR). A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, KO, and the COR will sign minutes of the meeting(s).

22.2 Should the Contractor not concur with the minutes, he will state in writing to the Contracting Officer within ten calendar days any areas he does not concur and explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Office will notify the Contractor of the decision in writing within ten calendar days.

23.0 Actions.

23.1 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.

23.2 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.

23.3 When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. There seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

23.4 When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements Summary as attached hereto.

23.5 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate amount deducted from the periodic payment in accordance with the disincentive rate listed in the attached Performance Requirements Summary.

23.6 A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice or Show Cause letter at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

ATTACHMENT A

PERFORMANCE OF WORK REQUIREMENTS SUMMARY

1. The purpose of this exhibit is to:

a. List the contract requirements considered most critical to acceptable contract performance.

b. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.

c. Define the procedure the Government shall use in reducing the Contractor’s monthly payment if satisfactory performance is not rendered.

2. The Government’s quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically, (e.g. weekly, monthly, quarterly, semi-annually, etc.).

3. The criteria for acceptable and unacceptable performance are as follows:

a. Contract requirements. The criteria for requirements are the level of performance deemed acceptable to the Government.

b. If the quality of work does not comply with the contract requirements, the COR will initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR).

c. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set for in this contract.

d. If the level of performance is deemed unacceptable to the Government concurrent with two unsatisfactory ratings, monthly payment will be reduced for unsatisfactory performance by the percentage as shown in Attachment B.

ATTACHMENT B

Quality Assurance Surveillance Plan (QASP) Contract No.: TBD

Performance Objective

Performance Standard Acceptable Quality Level

Schedule.

The contractor shall conduct tasking within the schedule provided in the PWS

costs) delay or impact to programs.

Each category will be evaluated semi- annually. Inspections will be based upon government teammates’ evaluation reports through the performance period. The overall performance rating will be assigned by the Contracting Officer’s Representative (COR).

Contractor teammates input and customer input/ surveys may also be considered at the discretion of the COR.

Incentive: Early schedule completion, Above Satisfactory rating on work performed; Meet schedule requirements, Satisfactory rating on work performed; Late schedule completion, Unsatisfactory rating on work performed. Remedy:

Inspection of Services, FAR 52.246-5 applies: The contractor shall develop a plan for recovery. Continuous review until performance is satisfactory or better. Elevate to higher level of contract management if actions fail to result in improvement. If the acceptable scheduling level falls below Satisfactory, additional task orders may not be issued.

Performance Objective Performance Standard Acceptable Quality Level

Quality.

The contractor shall complete all requirements and submit all deliverables in accordance with the PWS.

Performance standard will be dependent upon the ability of the contractor to prepare noise, air quality, and traffic studies in support of the Supplemental EA/IS that will be prepared for the portion of the JFP involving construction of the control structure and lining of the spillway chute and stilling basin.

performance period. The overall performance rating will be assigned by the Contracting Officer’s Representative (COR).

Contractor teammates input and customer input/surveys may be considered at the discretion of the COR.

Incentive: Exceeds standard requirements, Above Satisfactory rating on work performed; Meets standard requirements, Satisfactory rating on work performed; Works below standard requirements; Unsatisfactory rating on work performed. Remedy:

Inspection of Services, FAR 52.246-5 applies: The contractor shall develop a plan for recovery. Continuous review until performance is satisfactory or better. Elevate to higher level of contract management if actions fail to result in improvement. If the acceptable quality level falls below Satisfactory, additional task orders may not be issued.

Attachment C: Maps

Map #1 Lemon Hill Recreation Area

Map #2 Kaweah Recreation Area

Map #3 Horse Creek Campground and Day Use Area

Map #4 Horse Creek Recreation Area

Map #5 Slick Rock Recreation Area

Map #6 Cobble Knoll image1.jpeg image2.jpeg image3.jpeg image4.jpeg image5.jpeg image6.jpeg image7.jpeg