PWS Revised KO Approved.pdf

PERFORMANCE WORK STATEMENT

Terminus Dam Storm Debris Removal Services

27 March 2025 8 November 2024 Revised

A. General Information:

1. Location: The work required under this Performance Work Statement (PWS) provides for Storm Debris Removal services at Terminus Dam. Terminus Dam is in Tulare County, California approximately twenty miles east of Visalia, CA. The contractor shall provide all labor, materials, supplies, permits, equipment, and supervision necessary to accomplish all work required for this contract. A vessel will be required to perform debris removal services along sections of the lake perimeter that are not inaccessible by vehicle or foot.

2. Closure: If any property of the project is permanently or temporarily closed, the segments of this contract pertaining to that area shall not be required and therefore not utilized. The number of facilities may vary. Contractors shall not perform work in those closed areas or facilities that are not in use and shall not be compensated for work not accomplished.

3. Authorities/Technical Direction: The Contractor shall take no direction from any Government employee or any other person other than the Contracting Officer (KO) that is authorized to make changes to 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 in the 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.

4. Period of Performance: The period of performance for this requirement will not take longer than 2 years.

5. Meetings: Pre-Work Meeting: The contractor shall contact the COR to schedule a Pre-Work meeting to discuss all elements of this contract. At least one week prior to this meeting, the Contractor shall submit to the COR all information required under this contract including Certificate of Insurance, Safety Plan, and name of supervisor and alternate supervisor. The COR shall determine the date, time, and location of this meeting. The Contractor shall submit to the COR all items listed below:

a. Certificates of Insurance

b. Safety Hazard Analysis (Will be provided at pre-work meeting).

c. Name and local telephone numbers of supervisor if other than the contractor.

d. Exposure Report – Form 94 (Man-hours worked). Submit within 5 working days after the first of each month (Will be provided at pre-work meeting).

e. Invoice.

f. Safety Data Sheet (SDS) for compound to be used for the contract.

6. Invoicing and Payments: Payment shall be made in arrears at the contract unit price for quantities delivered in accordance with the CLIN schedule and as described herein. An invoice and certification for each CLIN shall be submitted to the COR upon completion of services. The Contracting Officer’s Representative shall verify invoices before payment shall be authorized.

a. Invoices: Invoices for payment shall be marked “Final” and submitted upon completion of tasks. Invoices shall be submitted to:

Original invoice WITHOUT additional information or supporting documentation must be mailed to:

USAED, Finance Center

ATTN: CEFC-AO-P

5720 Integrity Dr.

Millington, TN 38054-5005

CEFC-Payments@usace.army.mil

One copy of invoice WITH all required information including any necessary supporting documentation:

Terminus Dam

ATTN: COR

34443 Sierra Drive Lemon Cove, CA 93244

Name and email to be provided at time of award

7. Schedule: All work shall be performed within normal work hours, which are 0800 to 1630, Monday thru Friday, unless coordinated with the Contracting Officer’s Representative (COR). It is estimated that each day will be completed in 8 hours but could run as long as 10 hours. If the workday runs to 10 hours the work hours shall be coordinated with the COR.

a) Schedule(s) shall be coordinated closely with the COR (to be provided at the time of contract award). Unless otherwise agreed to by the government, the truck and operators shall arrive on site and be prepared to perform work on each scheduled day of work.

8. Accident Prevention Plan (APP): The Contractor shall obtain the USACE Project Safety Officer’s approval of the Accident Prevention Plan BEFORE starting any on-site work. 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 Analysis (AHAs) shall be appended to the APP.

a) The Contractor shall submit the APP to the COR within 10 days of award. The Government will review the documents within 10 days. If changes are requested the Contractor shall resubmit the document, with any requested changes, within 5 days of request.

b) The Contractor’s APP and subsequent activities shall comply with the following referenced documents (most current version, if different than the date referenced), at a minimum: • EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, EM 385-1-1, 30 November 2014 Edition.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals /EM_385-1-1.pdf?ver=2015-04-09-142531-467

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

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

e) USACE, Safety and Occupational Health Document Requirements for Hazardous, Toxic and Radioactive Waste (HTRW) Activities, ER 385-1-92 (1 July 2003).

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

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

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

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

j) Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

k) Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

l) Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section

5194)

m) The Control of Hazardous Energy (Lockout/Tag-out) (29 CFR 1910.147)

n) Proposition 65 (22 CCR Section 12000) Chemicals Know to the State to Cause

Cancer or Reproductive Toxicity

9. Antiterrorism and Operational Security: General Security Requirements and Guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the Contracting Officer’s Representative (COR). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract.

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

a) Antiterrorism (AT) Level 1 Training: All contract personnel requiring routine access to Army installation, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level 1 awareness training.

b) Physical Security and Access Control Requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed.

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

d) Pre-screen Candidates Using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors will cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award.

When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

B. Scope of Work: The scope of work entails the removal and disposal of storm debris from the shoreline (consisting of the current water level at time of work up to the high-water mark) and surrounding areas of Lake Kaweah. The objective is to restore the aesthetic appeal, safety and ecological integrity of the lake environment following recent storm events. All areas specific to the scope of work are outlined on the following attachment “Debris Removal Zones”. Each work zone varies in square footage and terrain characteristics. A vessel will be required to perform debris removal services along sections of the lake perimeter that are not inaccessible by vehicle or foot. The following requirements apply to all CLINs for the entire duration of this contract.

1. Contractor shall provide all materials, labor, transportation, and equipment necessary to remove debris, majority of which is woody debris up to the high-water mark on the dam, dikes, spillways, intakes, outlet works, and also to include the entire shoreline and surface area of Lake Kaweah. Contractor shall be responsible for all job planning, programming, scheduling, administration, removal, preparation, clean-up, inspection, and management required to accomplish each specified project task. Contractor shall ensure that all work is accomplished in accordance with all contract specifications and all applicable laws, regulations, and municipal codes.

2. Prospective contractors should conduct a thorough review of the affected areas to identify the extent and type of debris, including fallen trees, branches, and any hazardous materials that may be present.

3. While work is being performed, the contractor shall provide dust control in the form of water spray on all dirt surfaces, to include but not to limited dirt roads, reservoir basins, staging areas dams, and dikes. Frequent spraying must suppress nuisance dust from being released into the air. No chemical treatment is allowed.

4. Contractor shall provide all materials, labor, transportation, fees, and equipment necessary for the loading, transportation for the disposal of all debris. Any wood debris that is not burned or chipped on site along with all other debris must be properly disposed of per county, state, and federal regulations.

5. If any hazardous waste is located the Contractor will notify the COR immediately and then contact the local hazmat/fire department.

6. Upon completion of the contract, the Contractor and COR will conduct an inspection to ensure all debris, is removed from the dam, dike, spillway, intakes, outlet works, and along the entire shoreline and surface area of Terminus Dam.

7. The Contractor is prohibited from using heavy equipment and vehicles on the slopes of the dam, dike, concrete ridges of spillway crest, intake structures, and outlet structures.

8. The contractor is prohibited from scraping on, along, or near the dam, dike, spillway crests, intake structure, and outlet structure.

9. The Government will allow heavy equipment and vehicles on the crest of the dam and dike.

10. All debris removed will be sorted and recycled. Woody debris will be either chipped or burned. Burn permit will be the contractor’s responsibility. All burning activities and chipping disposal will take place in designated area approved by the Contracting Officers Representative. Designated areas will be determined by the COR based on time of year, pool elevation, and location accessibility.

11. At the contractor expense prior to initiating work activities, the Contractor will need to obtain a National Pollutant Discharge Elimination System (NPDES) permit from the Central Valley Regional Water Quality Control Board. Additionally, the Contractor will prepare a Storm Water Pollution Prevention Plan as part of the NPDES permit.

12. Prior to initiating work activities, the NRM Specialist will provide an environmental resources awareness training.

C. Contractor’s Responsibility:

1. Personnel:

a. General Requirements: The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. It shall be the Contractors responsibility to ensure that personnel fulfill the requirements of the contract.

b. Supervision: During regular working hours, the Contractor shall designate in writing who shall have full authority to direct the work required by this contract. The designated supervisor shall be able to understand, speak, read, and write the English language.

c. Information: A copy of this PWS shall be maintained on the job site and made available to any interested Contractor employee. Each contractor employee shall be given a copy of that section of the PWS that employee is assigned to perform.

2. Safety:

a. Safety Program: The work to be performed shall be within the public recreation areas and the attention of the Contractor shall be directed to the need of extreme caution and care while driving and operating equipment in these areas. All equipment, vehicles, and work shall comply with applicable safety regulations as set forth in EM 385-1-1, Safety and Health Requirements Manual. This regulation is available for the contractor to review at the following web site:

http://www.hq.usace.army.mil/soh/em385/current/current38511.htm.

Safety regulations require that the Contractor report the number of hours worked to the COR by the 5th of each month. The Contractor shall formulate and furnish to the COR in writing a comprehensive program to implement the general policies and procedures for safe operation and maintenance in accordance with applicable provisions of OSHA and EM 385-1-1, Safety and Health Requirements. The program shall include provisions for equipment maintenance, employee responsibilities for working safely, indoctrinations and training of employees, public safety activities and responsibilities for fire prevention. The Contractor shall provide applicable safety training to employees.

b. Safety Hazard Analysis: At the start of the contract the Contractor shall meet with the COR to discuss an analysis of the hazards and associated control measure. The Contractor shall submit a written job hazard analysis prior to the start of work. The analysis shall include the evaluations of all hazards, and techniques of accomplish each work item in a safe manner. A sample format will be provided during the pre-work meeting; it shall be the Contractors responsibility to provide additional copies.

c. MSDS: Material Safety Data Sheets shall be provided in a binder to the Operations Project Manager for any compound used in the completion of this contract. MSDS shall be provided prior to the use of the compound. These sheets shall also be posted in a location that is immediately accessible to all contract employees.

d. Exposure Data: The Contractor shall submit a Safety Exposure Report, CESPD Form 94, to the COR with each invoice. Reports of all exposure hours shall be made and turned in to the COR for all contractor employees. Reports shall be turned in with invoices. A master copy of Form 94 shall be provided in Appendix B, it shall be the Contractor’s responsibility to provide additional copies.

3. Security:

a. 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. If issued, the Contractor shall maintain a current register of all keys issued. Extra keys shall be obtained from the COR. Discharged employees shall be required to return all keys.

Government keys shall not be duplicated.

4. Quality Assurance Surveillance Plan:

Monitoring: The scope of work and requirements outlined in this Performance Work Statement (PWS) to be performed by the Contractor is subject to a Quality Assurance Surveillance Plan (QASP) conducted by the Contracting Officer Representative (COR). Table 1 provides the QASP to be used for this PWS. The Contractor is encouraged to read the QASP to fully understand how the Contractor will be evaluated during the course of the contract.

a. Performance Requirements Summary The table on the following page lists the PWS requirements/deliverables that the Government shall monitor. The absence of any contract requirement from the PRS/QASP does not detract from its enforceability nor limit the rights or remedies of the Government under any other provision of the contract, including the clauses entitled “Inspection of Services” and “Default.”

The table defines the standard for each listed PWS service, sites the respective specification, provides the method of surveillance, and describes disincentives for not meeting acceptable standards.

b. Government Quality Assurance The Contracting Officer (KO) has overall responsibility for overseeing the Contractor’s performance. The COR shall monitor day-to-day contract compliance and administration. The COR is responsible for technical administration of the project. The COR also assures proper Government surveillance of the Contractor’s performance and shall monitor, record, and report on the technical performance of the Contractor on a day-to-day basis. The COR, along with USACE subject matter experts, shall assure the Contractor is meeting contract PWS standards, as well as all Federal, state, and local regulatory requirements. The Government intends to use the following methods to monitor standards:

• Inspection and review of all required documents and submittals.

• Periodic inspection of work processes or output.

• 100% inspection at the completion of key work segments and deliverables.

• Customer feedback.

c. Performance Evaluation Performance of services shall be evaluated to determine whether it meets the performance requirements of the contract. The COR shall evaluate and report Contractor performance to the Contracting Officer at each milestone and delivery per the project schedule.

Progress inspection reports shall be submitted as required. When the performance requirement is not met, a contract discrepancy report (CDR) shall be issued to the Contractor by the Contracting Officer. The Contractor must respond to the CDR and return it to the contracting officer within five (5) calendar days of receipt. Failure to meet acceptable performance standards may result in one or all the following actions:

• Issue a temporary work stoppage awaiting corrective action.

• Withdrawal of work

• Terminate the contract.

Performance Requirement

Summary (PRS)

Acceptable Quality Level

Means of Measurement

Remedy

Contractor shall comply with the Performance Work Statement and Schedule.

a. Timeliness – 100% Completion of all tasks in accordance with weekly/monthly/annual schedule.

b. Quality – All work is performed to industry standards 95% of the time.

a. Periodic or 100% Surveillance

b. Inspection by the Government

The CONTRACTOR shall develop a plan for completion of all tasks.

The CONTRACTOR shall have an opportunity to reperform services within 24 hours of notification by the COR until cleaning is satisfactory. No more than 2 discrepancies per month.