Statement of Work.docx

J. BENNETT JOHNSTON WATERWAY

MOWING, TRIMMING, LITTER PICK-UP, AND JANITORIAL SERVICES

C.1. DESCRIPTION OF SERVICES. The Contractor shall provide all management, labor, equipment, fuel, transportation, tools, supplies, supervision, and any resources to ensure that mowing, trimming, litter pick-up, cleaning, and janitorial services are performed at the U.S. Army Corps of Engineers (USACE) facilities located along the J. Bennett Johnston Waterway in Louisiana. The following do not alleviate the Contractor from fulfilling contract requirements: weather events, wildlife activity, vandalism, and public use. Contractor services will be performed in Caddo, Bossier, Red River, Grant, Rapides, and Avoyelles Parishes.

C.1.1. TRASH AND LITTER PICK-UP SERVICES. The Contractor shall accomplish all litter pick-up services to meet the requirements of this Statement of Work (SOW). The litter pick-up areas and frequencies are established in EXHIBIT 1: Estimated Workload Data, and EXHIBIT 3: Services Schedule.

C.1.1.1. LITTER PICK-UP. The Contractor shall inspect and provide litter pick-up services on all grounds in public use areas, picnic shelters, playgrounds, picnic sites, access and circulation roads, road rights-of-way, playing fields, parking areas, planters, plant beds, and earthen dams. The Contractor shall remove all trash, paper, cans, glass, cigarette butts, bottles, wire, rope, string, and fallen limbs, trees and firewood not exceeding 6 inches in diameter regardless of their length, and all other foreign matter deposited thereon. For the entirety of this contract foreign matter is defined as anything that is not a part of the structure as designed. All foreign matter shall be removed from shorelines regardless of whether the litter is floating or beached, however retrieval of floating foreign matter which requires the Contractor to enter the water is not a requirement of this contract. Any fallen trees and limbs exceeding 6 inches in diameter shall be reported to the Contracting Officer Representative (COR). All trash, litter, and solid waste shall be disposed of by the Contractor in accordance with Paragraph C.1.1.2. Trash, Litter, and Solid Waste Disposal.

C.1.1.2. TRASH, LITTER, AND SOLID WASTE DISPOSAL. The Contractor shall haul and dispose of all litter, trash, and solid waste which he/she has generated, removed, or collected in the performance of this contract to an off-project location approved by the COR, and by the applicable State and/or local governmental agencies having jurisdiction over hauling and solid waste disposal. For the purposes of this contract, solid waste is defined as all solid materials, litter, trash, or all other foreign matter, which is either generated or accumulated by the Contractor. All solid waste removed by the Contractor under the terms of this contract becomes the property of the Contractor at the time it is removed from its point of origin. The point of origin is defined as the definitive point where the Contractor picks the solid waste material up, and not the general location of a facility, recreation area or a project. Additionally, the Contractor shall not store or accumulate any solid waste within the Corps of Engineers property boundaries.

C.1.1.3. MATERIALS HAULING. All materials hauling conducted by the Contractor in the performance of work under this contract shall include the use of appropriate covers, binders, and nets to prevent any material, including solid waste, from falling or blowing out of the transporting vehicle. The placement of solid waste in tied plastic bags and subsequent hauling in uncovered trucks or trailers does not, by itself, satisfy this requirement. The Contractor shall be responsible for the recovery of all materials, which fall or blow out, regardless of the location. All hauling equipment and containers shall be sealed to prevent the leakage of liquids. All liquids which accumulate in these vehicles and containers shall be removed or disposed of by the Contractor.

C.1.2. CLEANING SERVICES. The Contractor shall accomplish all cleaning services to meet the requirements of this SOW. Performance Standards. For the purposes of this contract, cleaning will be defined as removing all foreign matter; insecticides, herbicides, pesticides, and water-based degreaser compounds may be used. For the purposes of this contract, disinfecting will be defined as using a germicidal compound or bleach to wipe down cleaned surfaces. Cleaning and disinfecting compounds shall not result in damage to the surfaces of the items being treated. Insecticides, herbicides, and pesticides shall be used in accordance with paragraph 4.10.5. Insecticides, Herbicides, and Pesticides. The cleaning areas and frequencies are established in EXHIBIT 1: Estimated Workload Data, and EXHIBIT 3: Services Schedule.

C.1.2.1. DRINKING FOUNTAINS. All drinking fountains identified in EXHIBIT 1 shall be cleaned and disinfected. All porcelain and polished metal surfaces, including the orifices and drain, spigot, and exterior surfaces of the fountain shall be cleaned, disinfected, and free of all foreign matter.

C.1.2.2. PICNIC SHELTERS. All picnic shelters identified in EXHBIT 1 and their associated picnic tables, grills, grill service tables, and floor surfaces shall be treated in accordance with Paragraph C.1.1.1 Litter Pick-Up. Additionally, the Contractor shall clean all grease, dirt, cobwebs, insects, insect nests, bird nests, feces, weeds, and all other foreign matter from all horizontal, and vertical surfaces of the picnic shelter.

C.1.2.3. GRILLS. All grills identified in EXHIBIT 1 shall be cleaned. All grills shall be maintained free of ashes, un-burned material, litter, grease, food residue, growths, dirt, cobwebs, insects, insect nests, and all other foreign matter. Cooking oil shall be applied to grates after every cleaning to help prevent rusting. The Contractor shall not use any cleaning agents that convey tastes or odors to food or are toxic for human consumption. Use of any type of blower to clean grills is not an acceptable procedure.

C.1.2.4. PICNIC TABLES AND GRILL SERVICE TABLES. The Contractor shall clean and disinfect all picnic tables and grill services tables identified in EXHIBIT 1. The complete picnic table and grill service table including tops, undersides, legs, seats, and bases shall be maintained free of litter, dirt, gravel, dust, mud, trash, insects, insect nests, spilled food, and drinks, cooking material, stains, growths, bird droppings, feces, grass, leaves and all other foreign material.

C.1.2.5. EXTERIOR TRASH RECEPTICLES. Clean and empty all trash receptacles identified in EXHIBIT 1. Trash receptacles and trash receptacle holders shall be maintained internally and externally free of trash, litter, insects, insect nests, weeds, and all other foreign matter. All trash receptacles shall be returned to their original location, if moved. Soiled, stained, missing or torn trash liners shall be replaced. Any trash receptacle that is soiled internally or externally shall be washed and disinfected.

C.1.2.6. PLAYGROUND AREAS, BORDERS, AND EQUIPMENT, AND SWING SETS. For the purposes of this contract, playground area is defined as the substrate within the playground borders that contain it and the playground equipment or swing set. All playground areas, borders, and equipment, and swing sets identified in EXHIBIT 1 shall be cleaned in accordance with Section C.1.1.1 Litter Pick-Up. Additionally, playground areas, borders, and equipment including all physical surfaces: roofs, undersides, legs, bases, stairs, handrails, slides, poles, and seats, etc. shall be cleaned of dirt, weeds, leaves, mud, lichens, insects, insect nests, ant piles, cobwebs, bird nests, feces, dead animals, vegetative growth, spilled food or drinks, stains, and all other foreign matter. Playground equipment shall be disinfected after each cleaning. The playground area shall be raked evenly during each cleaning to maintain a safe impact zone. Herbicides may not be utilized in playground areas to control vegetative growth.

C.1.2.7. BENCHES. Clean all benches identified in EXHIBIT 1. The complete bench assemblies including top, underside, legs, seats, and bases shall be cleaned of dirt, gravel, mud, trash, insects, insect nests, spilled food or drinks, stains, growths, bird droppings, feces, grass, leaves, vegetative growth, and all other foreign matter.

C.1.2.8. WALKWAYS, SIDEWALKS, PARKING AREAS, AND STAIRS. All walkways, sidewalks, parking areas, and stairs shall be cleaned in accordance with Section C.1.1.1 Litter Pick-Up. Additionally, all walkways, sidewalks, parking areas, and stairs shall be kept free of weeds, loose gravel, sand, dirt, and all other foreign matter. Any foreign matter which is washed, swept, blown, or otherwise deposited over the edge of walkways, sidewalks, parking areas, and stairs which accumulates on the surrounding grounds because of the cleaning and litter pick-up operations shall be removed by the Contractor.

C.1.3. COMFORT STATION CLEANING SERVICES. The Contractor shall accomplish all cleaning tasks to meet the requirements of this SOW. Performance Standards. For the purposes of this contract, a comfort station is defined as a permanent structure, which provides, as a primary purpose, public toilet facilities. Such facilities will be waterborne, supported by pressurized water. Prior to beginning cleaning of any part of a comfort station, i.e., men’s toilet and women’s toilet, the Contractor shall post a visible sign on or near the door indicating that the facility is temporarily closed for cleaning. Public inconvenience shall be minimized as much as possible. For the purposes of this contract, cleaning will be defined as removing all foreign matter; insecticides, herbicides, pesticides, and water-based degreaser compounds may be used. For the purposes of this contract, disinfecting will be defined as using a germicidal compound or bleach to wipe down cleaned surfaces. Cleaning and disinfecting compounds shall not result in damage to the surfaces of the items being treated. Insecticides, herbicides, and pesticides shall be used in accordance with paragraph 5.10.5. Insecticides, Herbicides, and Pesticides. The cleaning areas and frequencies are established in EXHIBIT 1: Estimated Workload Data, and EXHIBIT 3: Services Schedule.

C.1.2.9. COMFORT STATION EXTERIOR. All exterior surfaces including ceilings, vents, eaves, walls, conduits, windows, gutters, skylights, doors, and the exterior of light fixtures, etc. shall be cleaned. The Contractor shall remove all cobwebs, insects, insect nests, ant piles, bird nests, feces, dirt, dust, mud, litter, weeds, and all other foreign matter. Contractor shall use care when cleaning with pressurized water to not damage electrical components or any part of the comfort station structure.

C.1.2.10. COMFORT STATION INTERIOR. All interior surfaces including walls, windows, partitions, vents, heating units, doors, toilets, urinals, sinks, soap dispensers, hygiene dispensers, mirrors, exposed plumbing, stall trash receptacles, main trash receptacles, counters, paper towel holders, toilet paper holders, handrails, ceiling, conduits, and the exterior of light fixtures, etc. shall be cleaned. The Contractor shall remove all cobwebs, insects, insect nests, ant piles, bird nests, feces, dirt, dust, mud, litter, weeds, and all other foreign matter. Contractor shall use care when cleaning with pressurized water to not damage electrical components or any part of the comfort station structure. Use of any type of blower to clean interior surfaces is not an acceptable procedure.

C.1.3.3. COMFORT STATION DISINFECTING. After cleaning the Contractor shall disinfect all surfaces of sinks, faucets, counters, toilets, toilet bowls, urinals, handrails, all dispensers, partitions, doors, door handles, stall trash receptacles, main trash receptacle, etc. to maintain sanitary safety. Additionally, any surface that has excrement on it shall be disinfected. Toilet bowls and urinals shall be free of odors, stains, algae, mildew, microbial growth, scale, streaks, scum, urine deposits, rust, films, and other deposits.

C.1.3.4. COMFORT STATION TRASH RECEPTACLES. Clean and empty all trash receptacles including the receptacles found in stalls. Trash receptacles shall be maintained internally and externally free of dirt, dust, mud, trash, insects, insect nests, stains, and all other foreign matter. Soiled, missing, or torn trash receptacle liners or inserts shall be replaced. Any trash receptacle that is soiled internally or externally shall be washed and disinfected.

C.1.3.5. COMFORT STATION FLOORS. All interior comfort station floors shall be swept, cleaned, and disinfected to maintain sanitary safety. Use of any type of blower to sweep, clean, or disinfect is not an acceptable procedure. The Contractor shall remove trash, dirt, dust, scum, mildew, streaks, film, stains, feces, abandoned clothes, and all foreign matter from floors.

C.1.3.6. COMFORT STATION STOCK SUPPLIES. Contractor shall fully stock soap, toilet paper, and paper towels at each cleaning scheduled in EXHIBIT 3.

C.1.4. MOWING AND TRIMMING SERVICES. The mowing and trimming frequency will be once every 7 – 10 calendar days, for a total of 28 annual mowing and trimming services for mowing cycles. The Contractor shall cut each area so that grass heights after mowing and trimming averages two and one-half inches. During the months of March 1st thru October 31st if the mowing duration has exceeded ten days, the Contractor will no longer be following the requirements in this SOW. This requirement in summary provides that the Contractor must maintain a mowing schedule to mow all areas every 7-10 days in all areas to maintain compliance. Mowing and trimming services are further defined below.

MOWING CYCLE:

September 1st thru August 31st

SERVICE AREA:

EXHIBIT 2

Description of Project Areas Requiring Mowing and Trimming Service

SERVICE REQUIREMENT:

Up to 28 Mowing and trimming services for entire project

DURATION:

Up to 3 mowing and trimming services per month

Mowing and Trimming Services are prohibited on all Federal Holidays. Mowing and Trimming Services are prohibited on all weekends unless approved by the COR. For the purposes of this contract, weekends are defined as Saturday and Sunday.

The Contractor shall provide to the COR the proposed mowing and trimming schedule one day prior to the mowing and trimming services scheduled. Schedules shall include projected start time and estimated end time in each area. The Contractor is hereby advised that all work shall be performed in strict accordance with these schedules, and failure to do so shall result in a determination of non-conformance, i.e., work not performed on schedule is considered work not done.

C.1.4.1 Holidays, Weekends and Nights. The Contractor shall accomplish all operations during daylight periods only; no work may be performed during periods of darkness. Cleaning operations will be performed during the holidays of Memorial Day, Independence Day, and Labor Day. The Contractor and his/her employees shall always while working near the visitors, minimize any inconvenience to the public that may be using the areas where work is being performed.

C.1.4.2 Inspection of Areas. Prior to mowing in any area, the Contractor shall inspect the entire area to be mowed, and remove all objects, fallen limbs up to 6 inches in diameter regardless their length, and litter which could be scattered or thrown by the mower during its operation. The Contractor shall not avoid the removal of any of this material by mowing around it. Should any litter or objects be inadvertently scattered by the mowing operations, the Contractor shall immediately retrieve and dispose of the material. All material collected by this operation shall be disposed of in accordance with section C.1.1.2.

C.1.4.3 Sod Damage. In conducting mowing operations, the Contractor shall not cause any rutting or sod damage. Should the Contractor encounter any soft or damp areas, the mowing procedure and/or the equipment used shall be adjusted to prevent any rutting or sod damage. However, the requirement to cut the grass in these soft or damp areas remains in effect.

C.1.4.4 Mowing Equipment. Mower blades shall be always kept sharp to help assure clean cutting and minimize grass foliage breakage and bruising as evidenced by the browning of the grass turf after mowing operations.

C.1.4.5 Mowing near Project Features. Mowing and trimming operations shall be conducted in a prudent manner to protect the grass sod, project features, equipment, buildings, trees, shrubbery, and ground cover, and to ensure the safety of all persons and equipment near the mowing operations. The Contractor shall not allow the alignment or facing of any mower discharge in the general direction of buildings, vehicles, or persons within the potential range of heavy objects, which might be thrown from the mower. Any damages to persons, public or private property that is caused by the Contractor in the performance of work under this contract are the sole responsibility of the Contractor as described in Sections C.4.6. and C.4.7.

C.1.4.6 Trimming Methods. The Contractor shall utilize trimming methods, i.e., the use of sickles, sling blades, mechanical trimmers, and edgers at all locations where the use of mowing equipment either risk damage to property or resources or otherwise pose a possible safety hazard to persons in the area. Such locations include, but are not limited to the perimeters of buildings, picnic sites, boat ramps, trees, shrubs, ground cover, sidewalks, curbs, parking blocks, telephone poles, ditches, drains, and culvert headwalls. The Contractor shall not use mechanical trimmers around any shrub, ground cover or tree: and he/she shall exercise special care in trimming around these items to avoid damage to the roots, bark, foliage, and vines. Also trimming methods shall be employed within a three-foot perpendicular distance of the periphery of all items described herein. Any damage caused by the Contractor to vegetation or facilities is the responsibility of the Contractor as described in Section C.4.7.

C.1.4.7 Herbicide Use. The Contractor may discretely apply herbicide, in lieu of trimming, around non-living objects with prior approval of the location, type, and method of application by the COR. The Contractor shall provide all herbicide at his/her own expense. Prior to commencing any herbicide application, the Contractor shall submit copies of certifications and licenses indicating that all herbicide applicators proposed for use on the job are qualified and licensed in accordance with State of Louisiana, State of Arkansas and/or Federal requirements. Also prior to treatment of any area the Contractor shall post temporary signs on all areas that will be treated with chemicals in accordance with EPA and State guidelines The Contractor will complete the post application herbicide treatment documentation form upon completion of work as shown in EXHIBIT 6.

C.1.4.8 Mowing Deposits. If any mowing or trimming operation results in the production of piles of clippings or other deposits of cut vegetation which, in the opinion of the COR, may result in damage to the grass sod if left in place, then the COR may direct the Contractor to remove and dispose of such piles or deposits. All clipping removal shall be performed at the expense of the Contractor.

C.1.4.9 Excluded Areas. The COR may direct the Contractor to selectively not mow or trim certain areas containing vegetation which has aesthetic value, i.e., wildflowers at certain times of the year.

C.1.4.10 Edging Requirements. In conjunction with each mowing and trimming operation the Contractor shall with equipment designed for the purpose, edge along the entire perimeter of all sidewalks and building slabs. Edging will also be performed on any concrete surfaced areas such as driveways, picnic table slabs, utility table slabs, picnic shelters, and vacant concrete slabs (i.e., Sterlington Recreation Area).

C.1.4.11 Mowing and Edging Debris. Immediately upon completion of mowing, trimming, and edging in any area, all grass clippings, dirt, debris from fire ant mounds, or other such waste that is displaced shall be removed from sidewalks, paved and other improved surfaces by sweeping or blowing.

C.1.4.12 Precipitous Slopes. The Contractor shall be aware of the hazard presented by steep and/or slippery slopes. In these areas conventional mowing methods and equipment may be dangerous due to overturning and sliding hazards. Accordingly, the Contractor shall employ specialized mowing procedures to avoid the hazards in these areas. Also, the Contractor shall exercise extra caution under these circumstances to minimize the hazard and prevent damage to the sod.

C.1.4.13 Prohibited Methods and Equipment. The Contractor shall not use any mowing, trimming methods, equipment, or agents which endanger his/her own employees or other persons in the area, or which generate noise levels which, in the COR’s determination, are disruptive to public use and/or enjoyment of an area or its facilities. The COR may require the Contractor to discontinue the use of unsafe or noisy devices, methods, or agents at any time during the period of this contract. Also, specific devices and methods included in this prohibition are listed as follows:

C.1.4.13.a The use of any type of wheeled or hand-held blower for grill cleaning. Specifically included are devices commonly referred to as leaf or backpack blowers. However, such devices may be used for the collection and removal of litter and grass clippings after mowing, trimming, and edging in an area.

C.1.4.13.b Mowing with the wing of a bat-wing bush hog mower in the raised position.

C.1.4.13.c Driving any equipment, excluding mowing equipment, off a designated road or parking area surface without prior approval from the COR.

C.1.4.13.d Using bush hog, belly-type, or hustler-type mowers for mowing within a three-foot distance from any tree, shrub, post, building, or other man-made object.

C.1.5 EMERGENCY OR SPECIAL EVENT CLEANING SERVICES. Upon notification from the COR, the Contractor shall perform emergency or special event cleaning in any comfort station, picnic shelter, recreation area or other facility covered under this contract. Contractor shall begin emergency work, as determined by the COR, within four hours of notification. The COR or his/her designated representative will notify the Contractor when any services of this contract are required to be performed outside the established schedule when a special event requirement is known, but no less than 24 hours prior to the event. Payment of emergency or special event cleaning services will be accomplished in accordance with the Payment Adjustment Procedure, EXHIBIT 7.

C.2. GOVERNMENT FURNISHED PROPERTY AND SERVICES. Except for water, based on availability, the Government shall not provide any property, supplies, and/or services to the Contractor under the terms of this contract.

C.3. GENERAL INFORMATION.

C.3.1. QUALITY CONTROL. The Contractor shall develop and maintain a quality control program to ensure services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

C.3.2. QUALITY ASSURANCE SURVEILLANCE PLAN. Reference Contract Clause 52.212-4(a) Inspection/Acceptance. The inspection and acceptance procedures specified within this contract set forth a general policy that only the services performed by the Contractor in strict accordance with the SOW will merit payment. The Government will inspect and monitor the Contractor’s performance by appointing a representative(s), Quality Assurance Inspector (QAI), to monitor performance to ensure services are received under this contract. The Government representative will evaluate the Contractor’s performance through close on-site inspections and receipt of complaints from the public. The Government will also receive and investigate complaints from the public. The COR shall be responsible for initially validating customer complaints and shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s).

C.3.2.1. INSPECTION REPORT FORM. The Inspection Report Form, EXHIBIT 5, will be used by the Government in advising the Contractor of performance deficiencies.

C.3.2.2. QUALITY ASSURANCE. The Government will monitor and inspect the Contractor’s performance using any reasonable inspection method. The Government will record all surveillance observations. When an observation indicates defective performance, the COR may request the Superintendent or Contractor’s Representative to initial the observation. The Government may use a combination of unscheduled, 100%, random and/or planned inspection(s).

C.3.2.3. QUALITY ASSURANCE SURVEILLANCE. The COR will inform the Contractor how the Government intends to inspect the contract and who oversees Quality Assurance. The COR will appoint authorized representative(s), Quality Assurance Inspector (QAI), to perform quality assurance inspections. The QAI will document essential communications with the Contractor and/or Contractor Superintendent(s) or Representative(s). The Contractor and the QAI shall coordinate work schedules and inspections to best evaluate Contractor performance.

C.3.2.4. CONTRACTOR DEFICIENCY REPORTS. When the Contractor fails to perform according to the performance standards, the COR will notify the Contractor in writing by issuing a Contractor Deficiency Report (CDR), stating the nature and extent of the deficiency. The Contractor shall explain in writing why performance was less than satisfactory and how to prevent recurrence.

C.3.2.5. DEDUCTIONS/EFFECT OF UNSATISFACTORY PERFORMANCE ON CONTRACT PAYMENTS. If the performance of any required service is unsatisfactory, not quickly correctable, and is the fault of the Contractor, the Government will deduct the cost from payments due the Contractor. Deductions will be based on the bidding schedule, or in accordance with C.4.2.2. or C.4.2.3 of this SOW and Payment Adjustment Procedures, EXHIBIT 7, or the Government’s cost to complete the work. Normally, re-performance will not be permitted on services required on a highly repetitive basis.

C.3.2.6. DAILY MEETINGS WITH GOVERNMENT QUALITY ASSURANCE INSPECTOR(S) AND/OR THE COR. The Superintendent(s) or Contractor Representative(s) shall meet with the COR and/or QAI(s), at a location or locations determined by the COR, as needed to discuss contract performance and work schedules. The meeting time and date will be coordinated by the COR and compatible to both the Contractor and the Government.

C.3.2.7. CONTRACTOR PERFORMANCE EVALUATION MEETING. The purpose of meetings described in Section C.3.2.6 may also be to hold a performance evaluation meeting. The COR will conduct such a performance evaluation meeting at a designated location not more than one full workday after a Contract Deficiency Report (CDR) is issued. Mutual effort will be made to resolve any problems identified at any meetings between the Contractor, Superintendent(s), COR and/or his/her representative(s). Written minutes of performance evaluation meetings shall be prepared by the COR or his/her representative(s) and signed by the COR and the Contractor or the Contractor Representative(s). Should the Contractor not concur with any decisions, etc. contained within the minutes, the Contractor shall state so in writing, and request a final decision by the Contracting Officer.

C.3.2.8. SAFETY INSPECTION. All the Contractor’s activities conducted within the project boundaries as well as his/her equipment and facilities maintained or operated within the project boundaries, are subject to inspection at any time by the Government for compliance with the safety provisions of this contract. Any violation of these provisions shall be promptly corrected by the Contractor and any Contractor equipment that is not in compliance shall be immediately removed from service until the problem is corrected. The Contracting Officer, the Contracting Officer Representative, the Alternate Contracting Officer Representative and the Quality Assurance Inspector(s) or any Government employee each have on-site authority to suspend totally or partially any of the Contractor’s operation due to unsafe conditions. If the unsafe conditions were either caused by the Contractor or were allowed to arise or exist by the Contractor, any work stoppages will be the responsibility of the Contractor and no requirements of this contract shall be waived.

C.3.2.9. REQUIRED PRESENCE OF CONTRACTOR AND/OR HIS/HER REPRESENTATIVE DURING INSPECTION. Upon written request by the Contracting Officer or the COR, the Contractor and/or his/her representative shall be present at specified inspections for the purpose of alleviating any misunderstanding concerning the contract requirements or illustrating performance deficiencies.

C.3.3. GOVERNMENT REMEDIES. The Contracting Officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items, for Contractor’s failure to perform satisfactory services or failure to correct non- conforming services.

C.3.4. HOURS OF OPERATION. The standard operating hours of public use areas described in this contract are from dawn to dusk, except for fishermen. Work shall be performed by the Contractor between the hours of 0600 hours and 1530 hours as described in EXHIBIT 3, unless otherwise specified in this contract. Special events and/or emergency services may be accomplished outside normal working hours as directed by the COR.

C.3.5. SECURITY. The Contractor may be issued keys to access areas required for service under this contract. Keys may be issued to gates, comfort stations, dispensers, etc. at the discretion of the COR. The Contractor is responsible for the security of any keys issued and is responsible for issuing keys only to employees who require access in the performance of their duties under this contract as well as maintaining a key inventory and key control log. If a key is lost by a Contractor employee, the Contractor shall notify the COR immediately. The Contractor will be responsible for the replacement of all locks keyed accessible by the key that was lost, stolen, or misplaced. The Contractor must submit a copy of his/her key control log upon request of the COR.

C.3.5.1. EMPLOYEE SUITABILITY DETERMINATIONS. Each employee of the Contractor providing on-site services shall be the subject of a suitability determination by the Government. This suitability determination also will include all officers of the firm who regularly participate on-site in the work associated with this contract. Upon request of the Contracting Officer or COR, the Contractor shall furnish a consolidated list of all such personnel employed under the contract. The term "suitability" as used in this contract means a determination by the Government that the employee meets the Government's requirements as specified in the contract for employment as far as reliability, integrity and personal habits are concerned. Unless specifically authorized by the Government, employees will not be allowed to perform duty under the contract until a favorable suitability determination has been made. In addition, the granting of a temporary authorization by the Government to allow an employee to perform under the contract pending completion of the suitability determination shall in no way preclude or bar the withdrawal or termination of such action by the Government. Industrial Security Regulation, DOD 5220.22M, is available for review in the Vicksburg District Security Office, Vicksburg, Mississippi.

C.3.6. SPECIAL QUALIFICATIONS. The Contractor shall provide a Superintendent who shall be responsible for the performance and supervision of the work and employees to be accomplished under the SOW of this contract. The Superintendent shall have the authority to represent the Contractor and make decisions on behalf of the Contractor concerning contract matters. The name of this Superintendent, and alternate(s), who shall act for the Contractor when the Contractor is absent shall be designated in writing to the Contracting Officer in accordance with Section C.3.6.2. The Superintendent(s) shall be physically present when work is being performed. When work is being performed simultaneously at more than one area, a Superintendent is required to be present at each area where work is to be performed. It may be necessary to have more than one Superintendent working at one time. The Superintendent shall deal directly with the COR or a designated representative for day-to-day administration of contract requirements.

C.3.6.1. SUPERINTENDENT AUTHORITY. The Superintendent(s) shall have full authority to direct the work of employees and to obtain supplies and equipment necessary to complete the work as required by this contract. Superintendent(s) may also be appointed Contractor Representative(s) and/or Alternate(s) by the Contractor in accordance with Section C.3.6.2.

C.3.6.1. COMMUNICATIONS. The Superintendent(s) must be able to read, write, speak, and understand English. The Contractor shall provide mobile cellular telephones in all Contractor supervisory and quality control vehicles including the Superintendent(s), for communication purposes with Government personnel.

C.3.6.2. CONTRACTOR POINTS OF CONTACT. The Contractor shall, prior to beginning operations under this contract and thereafter on a continuing basis, keep the COR informed of the cellular and home telephone number(s) and addresses where the Contractor or his/her Official Representative(s) and Superintendent(s) may be contacted at any time.

C.3.6.3. EMPLOYEES. The Government has the right to restrict the employment under the contract of any Contractor employee, or prospective Contractor employee, who is identified as a potential health, safety, or security threat to themselves or others. All employees must comply with Title 36, Chapter III, Part 327, CFR, and all local and state laws.

C.3.6.4. CONTRACTOR RESPONSIBILITY FOR EMPLOYEE CONDUCT. The Contractor shall be responsible for the conduct of all Contractor employees and shall inform the COR of any complaints received by the public regarding any Contractor employees conduct, appearance, or performance.

C.4. SPECIAL CONTRACT REQUIREMENTS.

C.4.1. PERIOD OF CONTRACT: The period of this contract shall be from date of notice to proceed thru 365 days thereafter (366 days in leap year), unless extended in accordance with the contract clause Option to Extend the Term of The Contract.

C.4.2. PAYMENTS. Reference Contract Clause 52.212-4(i) entitled Payment, and the Payment Adjustment Procedures, EXHIBIT 7, and other payment procedures defined in this section of the contract. Partial payments will be made monthly in accordance with provisions of this paragraph for services and supplies furnished and accepted. Monthly invoices shall include a listing of services performed and corresponding to the format used in the Bidding Schedule. Invoices shall be submitted as indicated in Section G.

C.4.2.1. EFFECT OF DATE OF WORK START ON PAYMENT. If the date of work start is later than the first day of the month, payments to the Contractor will be prorated based on the work contained in the partial month. The prorating computation will be based upon the number of days worked on litter pick-up and/or cleaning services. In such instances the Government will notify the Contractor of the appropriate invoice amount. By execution of this contract, the Contractor agrees that the Government is not obligated to provide reimbursement for any cost incurred before work begins or for any work not performed by the Contractor.

C.4.2.2. PAYMENT ADJUSTMENTS ASSOCIATED WITH DEFICIENCY CORRECTION. If the Government corrected Contractor performance deficiencies, and the Contracting Officer advised the Contractor of this action in accordance with Contract Clause 52.212-4(a) entitled Inspection/Acceptance, the Government may charge the Contractor for the related costs. In this instance, the Contractor shall include the cost of the deficient work in the invoice, and the Government will deduct from the invoice amount the total related cost of deficiency corrections. The actual Government costs for correcting deficiencies may be affected by available resources, time of performance, travel distance, number of deficiencies corrected by a single crew, and the extent of the deficiencies. Also, corrective work performed may include only certain aspects of the requirements of this contract and exclude other aspects due to limited resources to perform such work.

C.4.2.3. FAILURE TO PROVIDE SUPERINTENDENT (S) AND MEET ADMINISTRATIVE REQUIREMENTS OR PROVIDE SERVICES. Should the Contractor fail to provide an on-site Superintendent or fail to meet the administrative requirements or provide the services of this contract, the Government may make deductions from the payment due the Contractor.

C.4.2.3.1. DEDUCTION SCHEDULE. These deductions may be made from payment due the Contractor by the Government should the Contractor fail to provide a Superintendent(s) and/or meet the administrative requirements or provide the services of this contract:

Per Supt.

C.4.3. PERMITS AND RESPONSBILITIES. The Contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits, and complying with any applicable Federal, State, or local laws, codes, or ordinances, in connection with the performance of this work.

C.4.4. SUPERINTENDENCE BY THE CONTRACTOR. During the performance of work under this contract, the Contractor shall always give his/her personal superintendence to the work and/or provide sufficient superintendence, in the opinion of the Contracting Officer, to insure proper, sufficient, and safe performance.

C.4.5. STORAGE SPACE. No storage space is available within property boundaries for Contractor use.

C.4.6. CONTRACTOR’S LIABILITY FOR GOVERNMENT PROPERTY. By executing this contract, the Contractor agrees to be liable for all damage, destruction, theft, or loss of Government property and materials caused, in whole or in part, by his or her employees. Such property includes, but is not limited to buildings, equipment, fixtures, materials, supplies, natural resources, and other project features. In such an event, the Contractor shall either make payment to the Government for such damage or loss in the amount determined by the Contracting Officer or replace or repair the damaged property to the satisfaction of the Contracting Officer or replace destroyed or stolen property to the satisfaction of the Contracting Officer.

C.4.7. CONTRACTOR’S LIABILITY – DAMAGE TO PROPERTY OR INJURY TO PERSONS. By the execution of this contract, the Contractor agrees to hold and save harmless the United States from all claims for damages to property or injuries to persons which may arise from or be incident to the performance of work under this contract, including the property of the Contractor or injuries to the Contractor's officers, agents, or employees caused, in whole or in part, by the willful acts of negligence of the Contractor or his officers, agents, or employees and the United States shall not be responsible for such damages or injuries.

C.4.8. SAFETY.

C.4.8.1. CORPS OF ENGINEERS SAFETY MANUAL. The Contractor shall maintain at least one copy of the current issue of Corps of Engineers manual EM 385-1-1 at each general location where work is to be performed. The Corps of Engineers manual EM 385-1-1 is distributed in electronic format on the internet at the website http:// www.hq.usace.army.mil. The Contractor is responsible to download Corps of Engineers manual EM 385-1-1. The Government will not supply the Contractor with copies of this manual. The Contractor shall strictly comply with this manual as it relates to his/her activities under this contract and routinely discuss applicable provisions of this manual with all employees.

C.4.8.2. REQUIREMENTS CONCERNING FIRST AID AND CPR AVAILABILITY. The Contractor shall insure that at each employee of each work crew possesses valid first-aid and cardiopulmonary resuscitation (CPR) credentials meeting the requirements of Paragraph 03.A.02 of EM 385-1-1. The Contractor shall also ensure that each work crew is supplied with a First Aid Kit that meets the requirements of Paragraph 03.B.01 and 03.B.02 of EM 385-1-1. For this requirement, a work crew is defined as two or more individuals engaged in contract performance at a location more than a mile distant from any other contractor personnel at any time.

C.4.8.3. OCCUPATIONAL HEALTH AND SAFETY ACT. This contract is subject to the provisions of the Safety and Health Regulations for Construction and Occupational Safety Standards, which are published by the Department of Labor under authority of Public Laws 91-54 and 91-596. The Contractor shall maintain all applicable provisions of these regulations as they relate to the activities under this contract.

C.4.8.4. ACCIDENT PREVENTION PROGRAM. The Contractor shall prepare and submit an original and two copies of his/her accident prevention program to the Contracting Officer for approval. This program shall include the following items, and Notice-To-Proceed shall not be issued until this program is approved.

C.4.8.4.1. PART I. A statement of the company policy concerning accident prevention and any other guidance statements normally furnished new employees.

C.4.8.4.2. PART II. A fully completed and signed accident prevention program administrative plan.

C.4.8.4.3. PART III. A fully completed and signed accident prevention program job hazard analysis. This analysis should address all phases of work with specific attention to identifying all potential hazards associated with each individual job circumstance that may be encountered in the performance of such work. Blank forms may be reproduced as necessary. As a minimum requirement, the Contractor shall include the equivalent of the phases of work, safety hazards, and prescribed precautionary actions.

C.4.9. WEEKLY EMPLOYEE SAFETY MEETING. The Contractor shall conduct an organized safety meeting of a duration not less than fifteen minutes for all employees involved in the performance of work associated with this contract, on a frequency of at least one time every seven working days. The meetings shall address the safety requirements of this contract, and records of such meetings shall be furnished to the COR monthly. These records shall include a list of attendees, by name, and a summary of items discussed at each meeting. Also, the Contractor shall furnish to the COR the time(s), date(s), and location(s) of the meetings. Subsequently, if there is any change in this information, the Contractor shall notify the COR immediately. The Government reserves the right to attend such meetings.

C.4.9.1 EMPLOYEE SAFETY AWARENESS. To help promote employee safety awareness, the Contractor shall insure that each employee reviews the Accident Prevention Program Administrative Plan and the Accident Prevention Job Hazard Analysis prior to beginning work, and at least monthly thereafter. The Contractor shall maintain a record of such review by each employee's signature and date of review. A copy of this record shall be furnished, together with copies of his/her invoices, to the COR on the same frequency as such invoices are submitted.

C.4.9.2. MANDATORY USE OF SEAT BELTS. All vehicles used by the Contractor in the conduct of this contract, shall be equipped with seat belts and anchorages meeting the requirements of 49 CFR 571 (Department of Transportation Federal Motor Vehicle Safety Standards). All drivers and passengers of these vehicles and equipment shall always wear these seat belts in the fastened position; and such equipment shall be maintained in proper working order.

C.4.9.3. STORAGE AND HANDLING OF MATERIALS. The Contractor shall comply with applicable regulations of the U. S. Army Corps of Engineers, pertaining to the storage and handling of materials, equipment, fuel, and supplies.

C.4.9.4. EQUIPMENT OPERATOR TRAINING. The Contractor shall insure that operators of any equipment are trained for the proper and safe operation of the equipment.

C.4.9.5. ACCIDENT AND INCIDENT REPORTING. The Contractor shall report the following accidents and incidents within 24 hours of occurrence to the COR:

a. All accidents and incidents resulting in damage to Government property, including natural resources such as trees.

b. All accidents and incidents occurring within the bounds of Government property and involving members of the public and/or private property.

c. All accidents and incidents resulting in damage to the Contractor's property when the cumulative damage cost exceeds $1,000.00.

d. All accidents and incidents resulting in loss of human life should be reported to the COR immediately.

e. All accidents and incidents resulting in a lost-time accident. For this requirement, a lost-time injury is defined as one, which causes an employee to be unable to return to work on the next regularly scheduled work shift. If an accident or incident occurs which meets any of these reporting thresholds, the Government reserves the right to investigate the accident or incident and/or obtain additional related information from the Contractor. The Contractor shall cooperate fully with the Government in supplying needed information to include availing his/her involved employees to interviews by Government investigators.

C.4.10. CONTRACTOR FURNISHED SUPPLIES. The Contractor is responsible for furnishing all supplies required for the execution of this contract. All supplies must meet the approval of the COR and conform to the following standards. Prior to the issuance of Notice-To-Proceed, the Contractor shall furnish samples of all supply items and cleaning products to the COR for his/her approval.

C.4.10.1. TRASH RECEPTACLE LINERS/INSERTS. All trash receptacle liners/inserts shall provide sufficient strength to prevent their tearing during removal or transport. As a minimum strength requirement, all exterior trash receptacle liners shall be capable of holding at least 5 gallons of water without leaking or tearing when grasped at the opening and fully lifted from a surface. Likewise, all interior trash receptacle liners shall be capable of holding at least 3 gallons of water without leaking or tearing when grasped at the opening and fully lifted from a surface. All trash receptacle liners shall be sized to properly fit inside the various receptacles.

C.4.10.2. TOILET PAPER. All toilet paper shall be white, two-ply roll-type paper, or double-fold sheet-type depending on the type of dispenser.

C.4.10.3. HAND TOWELS. All hand towels shall be brown or white, craft paper and sized to properly fit inside of the paper towel dispensers.

C.4.10.4. SOAP, DISINFECTANTS, AND DEODORANTS. All soap, disinfectants, and deodorants used in cleaning and sanitizing facilities shall be biodegradable, non-toxic, non-staining, and non-corrosive.

C.4.10.5. INSECTICIDES, HERBICIDES, AND PESTICIDES. All insecticides, herbicides and pesticides shall be those, which are commercially available and approved for use by State and Federal environmental protection agencies. The use, handling, and storage of these materials shall be in strict accordance with directions on the container label, as well as applicable State and Federal regulations. Also, the transportation and disposal of insecticides, herbicides, pesticides, and their containers shall be in accordance with applicable State and Federal laws and regulations governing these activities. As in the case of other solid waste generated or collected in the performance of this contract, disposal of insecticides and herbicides and their containers shall be at an off-project location which is approved by both the COR and applicable Federal, State, and local governmental agencies having jurisdiction over the activities. The Contractor shall assume all costs associated with waste disposal.

C.4.11. CONTRACTOR’S PERSONNEL AND EQUIPMENT. During the period of this contract, the Contractor shall always provide enough qualified personnel and functional equipment to perform the services required. Also, the Contractor shall maintain standby personnel and equipment capability sources such that neither the absence of personnel nor the breakdown of equipment shall adversely affect the timely performance of work under this contract. A failure to provide enough personnel or operable equipment which thereby results in the Contractor's failure to provide timely work performance, as determined by the Contracting Officer, may be considered a breach of contract, and result in default of this contract. The Contractor shall also train all his/her employees that perform work under this contract in the requirements found in this statement of work and furthermore must provide each employee a full and complete copy of this statement of work. Each Contractor employee must always while performing work on project lands be in possession of their copy of the statement of work.