PWS_Cemetery_Tree_Project,_18-Q-0070.pdf

PERFORMANCE WORK STATEMENT

Cemetery Screen Planting

GENERAL

C.1. General: This is a service contract to provide installation of a landscape screen planting using specified trees and shrubs of specified sizes, and maintenance and warranty of the planting on the south side of the Cemetery at Fort Riley, Kansas.

C.1.1 Description of Project: The Contractor shall provide all personnel, management, tools, supplies, transportation, labor, equipment, and other items to establish a screen planting at the designated locations, according to the designs and specifications provided herein, and to provide irrigation and other maintenance for the planting for the period of one year from the completion of the planting as defined in this Performance Work Statement (PWS) at Fort Riley, Kansas. The Contractor shall perform to the standards in accordance with this contract.

C.1.2 Objectives: Establish a healthy screen planting according to the design on the south side of the Fort Riley cemetery, some of which is located on relatively flat surfaces and some on steep slopes. The effort will include some regrading with the use of hand-tools on slopes to create irrigation-holding berms/reservoirs by which applied water will have sufficient time to percolate into the soil planting profile. Routine irrigation must be applied to planting sites to maintain optimum soil moisture for good growth of planted trees and shrubs.

C.1.3 RESERVED

C.1.4 Scope: The Contractor shall provide all necessary personnel, equipment, materials, and all other support necessary to complete the tasks included in this PWS. An overall performance map is found at Attachment 1.

C.1.5 Period of Performance: The contract period is for the period of planning, preparations, planting of the plants and one year beyond the date that the planting is completed. The installation of all plants and associated groundcover shall be complete six (6) weeks after award date.

C.1.6 General Information.

C.1.6.1 .Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Quality Control Plan shall be submitted to the Contracting Officer (KO) for review and approval within 10 calendar days after contract award and within five (5) calendar days of any changes throughout the duration of the contract.

The Quality Control Plan, at a minimum, shall include: names and qualifications of the Contract Manager, Quality Control Manager and Quality Control Inspector, an inspection system covering all the services and areas listed on the Performance Requirements Summary (PRS) and the method(s) for identifying and preventing defects in the quality of service performed in this project before the level of performance becomes unacceptable.

C.1.6.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the PWS. The Contractor shall comply with the Government’s quality assurance program as defined in the Performance Requirement Summary (PRS). It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL). Government surveillance of Contractor performance is not limited to the Performance Objectives as outlined in this PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

C.1.6.3 Recognized Holidays: The Contractor is not required to perform on these days

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

C.1.6.4 Hours of Operation: The Contractor shall be responsible for conducting business, between the hours of 7:30 am and 4:30 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. These are considered normal duty hours. Furthermore, the Contractor shall not perform any work just prior to, during or immediately after a scheduled burial that occurs at the cemetery.

The Contractor, employees of the Contractor, subcontractors and all equipment shall be removed from the cemetery for/during burial ceremonies. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS during the construction phase.

C.1.6.4.1 Work may be performed during non-operating hours when approved by the KO. The Government reserves the right to assign specific hours for certain areas due to security and military missions. Any Contractor requested changes in work hours will be effective three (3) working days after Contracting Officer approval.

C.1.6.4.2 Performance Schedules: The Contractor shall provide a Planned Performance Schedule to the KO and COR. The schedule shall include a complete schedule of planned performance for all tasks. The schedule shall also include all estimated materials for the applicable schedule line and estimated costs in accordance with C.3.8. The Schedule will be subject to review and approval by the KO. The Contractor shall schedule work to avoid disruption of the normal, daily use of the installation’s cemetery and of all other authorized installation activities. The Contractor shall be responsible to adjust the work to accommodate installation activities at the cemetery without delay to their performance. Contractor shall coordinate with the COR prior to any changes to the schedule. A revised schedule shall be submitted within one (1) working day of any approved schedule changes. Government may approve or disapprove any changes to the schedule.

C.1.6.4.2.1 Daily by 8:00 a.m. throughout the contract, Contractor shall communicate with the COR on the number of personnel working on the project and their general work activities. Also, each time during the one-year maintenance period, after the initial contract phase is completed, the Contractor shall identify the dates and approximate time when maintenance is planned for the planting, in support of their establishment. This may be accomplished through email or in person.

C.1.6.4.2.2 Delays Due to Inclement Weather: The schedule may be revised due to weather delays, if approved by the KO.

C.1.6.5 Place of Performance: The work to be performed under this contract will be performed at the cemetery on Huebner Road, Fort Riley, KS.

C.1.6.5.1 Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes

C.1.6.6 Type of Contract and Government Inspection: The Government intends to award a Single Award, Firm Fixed Price contract. Within DPW, Conservation Branch, Environmental Division will provide the primary COR and QAE.

C.1.6.7 Special Qualifications: The Contractor shall be responsible for ensuring all employees possess and maintain current OPSEC Level I certification during the execution of this contract.

C.1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), Quality Assurance Evaluator (QAE) and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Government representative will apprise the Contractor of how the Government views the Contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

C.1.6.9 Contracting Officer Representative (COR): The COR will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;

maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

C.1.6.10 Contract Management: As part of this contract, the Contractor shall provide a Contract Manager, Quality Control Manager, Quality Control Inspector. The following key personnel shall be onsite during contract performance, the Contract Manager, Quality Control Manager and Quality Control Inspector. These three functions may be performed by the one lead employee performing oversight of the contract.

C.1.6.10.1 Contract Manager: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing and provided to the Contracting Officer within 10 calendar days of award date for review and approval. The qualifications for the contract manager are that they shall be fully qualified in the management and coordination of this contract. The Contract Manager shall have a minimum of three (3) years of experience as either a Contract/Project Manager, Superintendent and/or Quality Control Manager. The designated alternate shall be onsite during prolonged Contract Manager absences.

C.1.6.10.2 Quality Control Manager (QCM) / Quality Control Inspector (QCI) shall have at least three (3) years’ experience as a Quality Control Inspector, experience with commercial grounds construction and maintenance standards and proven performance in similar level/volume of work as an Installation level contract. The name of this person and an alternate who shall act for the QCM when the QCM is absent shall be designated in writing and provided to the Contracting Officer within 10 calendar days of award date for review and approval. The corporate designated alternate shall be onsite during prolonged Quality Control Manager absences.

C.1.6.11 Communication: The Contract Manager, QCM or alternates, shall be available by commercial telephone or cellular telephone during normal duty hours, Monday through Friday, excluding Federal holidays. Pagers, beepers, and answering machines are not an acceptable means of communication. The Contractor shall provide phone numbers for normal duty hours and after-hours for the Contract Manager and alternate(s). The Contractor shall provide a sufficient means of communications between the Contractor and its employees for routine and emergency purposes. If key personnel are not onsite during contract performance, the Contract Manager and/or Quality Control Manager shall be onsite within three

(3) working days of notification by the KO or their designee as necessary to resolve contractual issues.

Costs associated with these visits are at no cost to the Government.

C.1.6.12 Identification of Contractor Employees: All contract personnel performing services for this contract at Fort Riley are required to wear badges. Contractor personnel shall wear identification badges while on the job.

C.1.6.13 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 threat to the health, safety, security, general well-being, or operational mission of the installation or its population.

C.1.6.14 Contractor Personnel:

C.1.6.14.1 The Contractor shall provide a roster of personnel who will perform services under this contract to the KO and COR, no later than 10 workdays prior to commencing work. Personnel roster shall include the employee’s full name and position to be held. Personnel roster shall be updated and provided to the COR within 10 calendar days if personnel changes occur.

C.1.6.14.2 In accordance with the State of Kansas Department of Agriculture (KDA), the Prime Contractor shall have on at least one employee that is a Certified Pesticide Applicator with the following certifications: Category 3. See paragraph C.1.9.3 for more information.

C.1.6.14.3 Contractor personnel shall meet the following requirements: Contractor Managers and Crew Leaders shall be legal residents of the United States and shall be able to speak and understand English. Contractor employees shall be legal residents of the United States and shall be qualified, possess the skills, knowledge, and training to satisfactorily perform the services required by the contract and must be physically able to do the assigned work.

C.1.6.14.4 Appearance of Personnel: At all times during contract performance, Contractor personnel shall wear appropriate clothing in accordance with EM 385-1-1. Contractor personnel shall present a neat and professional appearance at all times. Contractor personnel shall remain fully clothed at all times while performing work under this contract.

C.1.6.14.5 Conduct of Personnel. Contractor personnel’s conduct shall not reflect discredit upon the Garrison or the Department of the Army. The Contractor shall immediately remove any employee for reasons of misconduct, or security, from the job site. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the planting and establishment of the landscape project in a timely manner.

C.1.6.14.6 Employment of Government Personnel: The Contractor shall not employ any person who is an employee of the United States Government, if the employment of that person would create a conflict of interest, nor shall the Contractor employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval in accordance with Department of the Army (DA), Standards of Ethical Conduct Rules.

C.1.6.14.7 Post Regulations. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance.

C.1.6.15 Licenses and Permits: The Contractor shall provide at its own expense all licenses, permits and bonds as required.

C.1.7. HEALTH AND SAFETY

C.1.7.1 Safety and Health Program. Contractor shall establish and maintain a written safety and health program at the workplace in accordance with 29 CFR 1910. A copy of the Contractor’s written program shall be provided to the KO for review and approval 10 days prior to commencing work under this contract.

C.1.7.1.1 The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public, and to minimize the danger from all hazards to life and property. The Contractor shall insure that the provisions of the Occupational Safety and Health Act of 1970 are being complied with, especially OSHA Standard for Machinery and Machine Guarding, 29 CFR 1910.212, 1984, OSHA Standard for Personal Protective Equipment, 29 CFR 1910.132-136, 1994. The Contractor shall comply with appropriate OSHA requirements and pertinent provisions of the publication, “Safety and Health Requirements”, EM 385-1-1 (latest version), Department of the Army, Corps of Engineers. EM 385-1-1 is available for download at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1_2008Sep_Consolidated_2011Aug.pdf

C.1.7.1.2 Personal Protective Equipment (PPE). Contractor personnel shall comply with the requirements of EM 385-1-1. When applying pesticides, the Contractor personnel shall comply with the minimum requires on the pesticide label.

C.1.7.1.3 In the event that the Contractor fails to comply with said regulations, the KO may without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work;

thereafter a start order for resumption of work may be issued at the discretion of the KO. The Contractor shall make no claim for compensation or damages by reason of or in connection with such work stoppage.

C.1.7.2 Equipment Safety.

C.1.7.2.1 All equipment used in the performance of this contract shall be kept intact and in good condition at all times. The Contractor shall check all equipment daily to assure that all safety devices including guards and chains are in place and functioning properly. Safety devices are to prevent the equipment from expelling dangerous objects such as rocks, debris and ground litter. The Contractor shall not leave equipment while in operation or unsecured while being stored. The Contractor shall comply with OSHA requirements and pertinent provisions of the publication, “Safety and Health Requirements”, EM 385-1-1 (15 September 2008), Department of the Army, Corps of Engineers.

C.1.7.2.2 All equipment used under this contract will be inspected by the COR prior to its use. If the equipment is at any time deemed unsafe or unserviceable by the COR, the Contractor shall remove the equipment from service immediately and insure that this equipment is replaced or repaired to a safe and operable condition.

C.1.7.3 Personnel Safety: The Contractor shall perform work requirements in a manner which protects personnel within the area from any harm or injury. The Contractor shall not leave equipment unattended or in a condition that would expose personnel within the area to safety hazards, harm, or injury.

C.1.8. Environmental Protection/Compliance: The Contractor shall comply with all local, state, and federal environmental and occupational safety laws, rules, and regulations. The Contractor shall notify the KO or COR in writing in addition to any verbal notification of any apparent conflict between compliance with such local, state and federal laws, rules and regulations, and compliance with the requirements of the contract. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or federal laws, rules, and regulations.

C.1.8.1 Compliance with Laws and Regulations. The Contractor shall develop an environmental compliance plan within 10 work days after contract award and submit to the KO for review and approval.

Contractor shall comply with all Federal and State laws and regulations regarding environmental protection and enhancement, including 40 Code of Federal Regulations (CFR), Protection of Environment; Army Regulation (AR) 200-1, Environmental Protection and Enhancement; Army Technical Manual (TM) 5-630, Grounds Maintenance, and other Contract requirements for clean air and water, toxic substances control, pollution control, and resource conservation and recovery. All environmental protection matters or questions shall be coordinated with the KO.

C.1.8.1.1 In order to comply with federally mandated environmental preference programs and DoD “Green Procurement Program” (GPP) policy, Contractors providing supplies and services will develop, implement, and maintain a program to use environmentally preferable products and services. Program elements include: recovered material products, energy and water efficient products, alternate fuels and fuel efficiency, bio-based products, non-ozone depleting substances, priority chemicals, and environmentally preferable products. These program elements are described on the Office of Federal Environmental Executive website, http://www.ofee.gov.

C.1.8.1.2 Pesticides. The Contractor shall procure, handle, store, and apply pesticides in strict accordance with the EPA registered pesticide label. Only State of Kansas Commercially certified applicators shall operate pesticide application equipment and apply pesticides. All pesticides shall be used in accordance with Federal, Kansas, and local laws, and Department of Defense, Army, and Fort Riley regulations.

C.1.8.1.3 Laws, Regulations, and Standards: The Contractor shall comply with all Federal (EPA, OSHA, etc.) and State (KDHE and KDA) laws and regulations, AR 200-1, DoDI 4150.07 and installation regulations and plans regarding environmental protection, hazardous and toxic materials, pesticide usage, pesticide spill, and pesticide fires.

C.1.8.1.3.1 Application: The Contractor shall only apply pesticides according to the approved EPA label.

Pesticide misuse is a violation of Federal Law. In accordance with DoD policy (DoDM 4150.07-M, volume 1, DoD Pest Management Training: The DoD Plan for the Certification of Pesticide Applicators), the Government will record and report any instances of pesticide misuse and falsification of records by Contractors to the State of Kansas. Furthermore, Government personnel will cooperate with the State of Kansas and the EPA in any subsequent investigation or actions.

C.1.8.2 Safety. The Contractor shall conduct all work in a safe manner and in compliance with the

Occupational Safety and Health Act (OHSA), and all Federal, State, Army, and Fort Riley safety requirements.

C.1.8.2.1 Personal Protective Equipment. The Contractor shall provide Personal Protective Equipment (PPE) to its pest control applicators. This equipment shall include, at a minimum, the PPE required by the applicable pesticide labels and SDS.

C.1.8.3 Spill Prevention Contingency Plan. The Contractor shall have a written spill prevention contingency plan submitted to the KO for review and approval within 10 Business Days after Contract Award. Secondary containment should be used during mixing and transferring operation to prevent spills from reaching ground and water surfaces. The Contractor shall immediately report any spill of fuels, oils, equipment fluids, pesticides, or other chemicals to the COR and the Environmental Division of the PW.

C.1.8.3.1 Spill Prevention, Control and Countermeasure Requirements:

C.1.8.3.1.1 The Contractor shall follow the Fort Riley Standard Operating Procedure for Spill Containment, Cleanup and Disposal of Pesticides. Notification of Environmental Spills: The Contractor shall immediately report any spill or release of any hazardous material/substance on the installation to the Emergency Services call center by phoning 911, and then notify the Spills Program Manager at 785-239- 8615 or 785-210-8866 and the COR. The Contractor shall follow the Fort Riley Standard Operating Procedure for Spill Containment, Cleanup and Disposal of Pesticides. The Contractor shall be liable for costs to perform containment, remediation and disposal of any and all materials associated with said spill or release caused by the Contractor. The Contractor shall follow all procedures outlined in the Spill Prevention Control and Countermeasures Plan/Installation Spill Contingency Plan (SPCCP/ISCP).

C.1.8.3.1.2 The Contractor shall submit a Pesticide Use Proposal (PUP) form (an electronic form, obtainable from the Integrated Pest Management Coordinator (IPMC) to the Contracting Officer or their designated representative within 10 business days of award of this contract for review and approval. The Contractor shall submit associated pesticide and product labels and Safety Data Sheets (SDSs) with the PUP. Thereafter, the Contractor shall submit a PUP and associated labels and SDS on an annual basis.

The Contractor shall ensure that all pesticides proposed for use on Fort Riley are EPA registered and registered with the Kansas Department of Agriculture. Approvals may be made and limited to specific pests/sites. The Contractor, on an ongoing basis, shall research and propose pesticides that are low in pounds of active ingredient per use, effective in control of Fort Riley target pests, and environmentally friendly.

C.1.8.3.1.3 The Contractor shall maintain a binder containing labels and SDS for all pesticides used, carry the binder on any vehicle used to transport or apply pesticides, and have it readily available for the Contracting Officer or their designated representative inspection at all times.

C.1.8.3.1.4 If the Contractor desires to utilize a pesticide not on the approved PUP, the Contractor shall submit the label and SDS to the Contracting Officer or their designated representative at least 10 business days prior to proposed use. The Contractor shall not deviate from the PUP-listed pesticides without prior approval from the Contracting Officer or their designated representative.

C.1.8.4 Dig-Safe Requirements No excavations shall occur under this contract unless the area around the planned excavation has been properly marked for all in-ground utilities. Contractor shall be required to follow the instructions for the proper marking of all in-ground utilities. No exceptions to this policy will be tolerated. The Contractor shall be held liable for all costs incurred by various underground utility owners for repairs to damaged underground utilities resulting from failure to comply with this procedure.

C.1.8.4.1 Not less than three (3) or more than 10 workdays prior to the actual day of excavation on each site contact Kansas One-Call System, Inc., Toll Free 1-800-344-7233 and obtain a Kansas Dig-Safe Ticket Number. Immediately after obtaining a Kansas Dig-Safe Number contact Fort Riley Dig-Safe Coordinator at Public Works, Building 337, Phone 1-785-239-8187, FAX 1-785-239-8188 and accomplish the items listed below.

C.1.8.4.2 Provide Kansas One-Call System Ticket Number.

C.1.8.4.3 Provide company name, name and telephone number of point of contact.

C.1.8.4.4 Provide a site drawing with measurements from nearest building showing depth and nature of work.

C.1.8.4.5 Mark and protect the area to be dug with white paint.

C.1.8.4.6 Obtain an excavation permit for each site from the Fort Riley Dig-Safe Coordinator at Public Works, Building 337, after the requirements in paragraphs C.1.8.4.1 through C.1.8.4.5 above have been accomplished. Permits must be obtained before excavation begins. All requests shall be submitted not less than 3 workdays prior to the day of excavation.

C.1.9 Contractor Pesticide Requirements

C.1.9.1 Special License, Training, and Certification Requirements:

C.1.9.1.1 Tree and Shrub Maintenance: Contractor employees performing tree maintenance associated with the planting, irrigation, fertilization or application of fertilizers must have training in the proper care of trees and shrubs within these maintenance disciplines. Certificates must be submitted to the Contracting Officer no later than 10 days prior to beginning work within this paragraph.

C.1.9.1.2 Pesticide Application: The Contractor shall possess a Kansas Department of Agriculture (KSDA) Pesticide Business License for Category 3 (turf and ornamental). Contractor employees performing pest control activities on this contract shall be certified as "Commercial Applicators" by the Kansas Department of Agriculture (KSDA) as listed in paragraph C.1.9.3.1. Neither "Private Applicator" certification nor "Registered Technician" certification is acceptable.

C.1.9.2 The Contractor shall have a State of Kansas Pesticide Business License and shall be licensed in the categories specified in this contract. The licensing and certifications shall be submitted to the KO no later than 10 calendar days after award for review and approval, and within 10 calendar days of changes in licensed and certified personnel. All work shall be performed by certified, responsible individuals, and in accordance with federal, state, local, and installation laws and regulations.

C.1.9.3 Categories for applicator certification required* for this contract by the State of Kansas are:

Category Name Description 3A Ornamental Maintenance and production of ornamental trees, shrubs & flowers in exterior environments.

C.1.9.4 The Contractor shall provide proof of pest control business insurance and bonding and submit with its proposal.

C.1.9.5 Submittal of License, Training, and Certification: The Contractor shall submit to the KO and IPMC a copy of their Pesticide Business License and each employee’s certifications and trainings at the start of the contract and yearly thereafter or within 10 calendar days when licenses and/or certifications are renewed or updated.

C.1.9.6 Cleanup, Sanitation and Disposal:

C.1.9.6.1 Cleanup: Maintain work area(s) in neat, orderly and safe condition during the course of the work and cleanup work area(s) at the end of each workday and upon completion of the work.

C.1.9.6.2 Sanitation: Vegetation, trees, limbs of trees, shrubs, soil and planting media that are found to be with infectious disease, vectors of infectious disease, or invasive arthropods of concern, including those identified by the State of Kansas as causing a quarantine for the area, shall be hauled to and buried at the Construction Debris Landfill within 72 hours of discovery to eliminate the spread of the disease or invasive arthropods. In addition, when trees or shrubs are pruned, pruning tools and equipment shall be sanitized with a chemical cleanser approved by the Government prior to initiating the work on each tree or shrub to ensure that diseases are not spread between the individual trees and shrubs.

C.1.9.6.3 Disposal: All items shall be collected and removed from the site and disposed of as follows:

C.1.9.6.3.1 Dispose of simple non-recyclable trash in any dumpster.

C.1.9.6.3.2 Dispose of recyclable trash at the PW Recycle Center, Building 1980, 4th and G Streets, Camp Funston.

C.1.9.6.3.3 Disposal of yard waste and woody materials: The Contractor shall contact the Environmental Division of the DPW to make arrangements for disposals of yard wastes and other woody materials at the installation’s recycling facility, including obtain any required permits

C.1.9.6.3.3.1 Dispose of leaves at the PW Compost Yard located on 2nd Street between L and K Streets in Camp Funston.

C.1.9.6.3.4 Dispose of tree limbs and branches at the PW Woody Debris Disposal Site located on Campbell Hill Road, 2 miles north of Camp Funston.

C.1.9.6.3.5 Dispose of construction debris and woody debris that is contaminated with infectious disease, vectors of infectious disease and invasive arthropods of concern at the Construction Debris Landfill also located on Campbell Hill Road, 2-miles north of Camp Funston. Contractor shall be responsible for any costs associated with the use of the C/D Landfill at no additional cost to the Government.

C.1.9.6.3.6 Dispose of salvable items at Defense Reutilization and Marketing Service (DRMS), Building 1950, L Street, Camp Funston, in accordance with DRMS Turn-In Instructions or the PW Recycle Center, as directed by the COR.

C.1.9.6.3.7 Turn in hazardous materials and hazardous wastes (except asbestos containing materials (ACM) and items contaminated with lead based paint (LBP)) at the PW Hazardous Materials Processing Center (HMPC), Building 1930, 4th Street, Camp Funston, in accordance with PW HMPC Turn In Instructions. Coordinate with the PW HMPC at 785-239-2305 not less than 24 hours prior to turn in.

C.1.9.6.3.8 Turn in environmental waste at the PW Environmental Waste Management Center (EWMC), Building 1945, 4th Street, Camp Funston, in accordance with PW EWMC Turn-In Instructions.

Coordinate with the PW EWMC at 785-239-6797 not less than 24 hours prior to turn in.

C.1.9.6.4 The Contractor shall dispose of all wastes and empty material containers generated in the performance of this contract at an off-post location according to EPA guidelines. Contractor is responsible for any costs associated with disposal of wastes and empty material containers.

C.1.10 Accident Protection and Emergency Medical Treatment: The Contractor or their employees shall immediately notify their Supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the Contracting Officer or COR within thirty (30) minutes of the incident.

C.1.11 Contractor Caused Damages: The Contractor shall be responsible for all damages to Government property occurring as a result of contract employees’ work. The Contractor shall notify the COR no later than the next work day of any damages caused by the Contractor employee’s or equipment.

The Contractor shall make all necessary repairs, at no cost to the Government, and to the satisfaction of the Government. The Government may perform necessary repairs that are required as a result of Contractor damage. The Contractor shall reimburse the Government for all costs the Government incurs due to the cost of repairing, cost of removal of damaged item or loss of assessed/appraised value due to contractor caused damage to Government Property within 30 days of completion of repairs.

C.1.11.1 Government estimate of costs for Contractor damages will be calculated either through direct replacement and repair costs or other industry recognized cost determination methods.

C.1.12 Inspections by Regulatory Agencies. The Contractor shall notify the KO or their designated representative immediately of any inspection or visit by agent(s) of any regulatory agency. The Contractor shall cooperate with the inspector. The Contractor shall submit to the KO or their designated representative by close of business of the next business day a written report regarding the inspection, including the name(s) of the inspector(s), the agency, and the reason for the visit. The Contractor shall attach a copy of any reports received from the agency to this written report.

C.1.13 Citations. Citations for non-compliance are a matter for resolution between the Contractor, the KO, and the issuing authority. The Contractor shall immediately inform the KO or their designated representative when a citation is issued. The Contractor shall follow all terms and conditions of all citations issued. The Contractor shall be responsible for monetary penalties issued from any regulatory agency.

C.1.14 Deliverables: The Contractor shall provide deliverables as required.

C.1.15 Antiterrorism (AT) and Operations Security (OPSEC) Requirements:

C.1.16 Antiterrorism (AT) and Operations Security (OPSEC) Requirements:

C.1.16.1 . AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam

C.1.16.2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area.

Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

C.1.16.3 . For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

C.1.16.4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 5 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

C.1.16.5. For contracts that require OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty. OPSEC Awareness for Military Members, DoD Employees and Contractors is available at the following website: http://www.cdse.edu/catalog/operations-security.html

PART 2

DEFINITIONS & ACRONYMS

C.2.1 Definitions:

CERTIFIED APPLICATOR: Any individual who is certified under K.S.A. 2-2438a to use or supervise the use of any restricted use pesticide which is classified for restricted use by a certified applicator.

CERTIFIED COMMERCIAL APPLICATOR: Is a certified applicator, whether or not a private applicator with respect to some uses, who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by K.S.A 2-2440c.

COMMERCIAL VEHICLE: A Commercial Vehicle is defined as any vehicle, one (1) ton capacity or greater, that is used for a commercial purpose. This includes parcel delivery trucks, 18 wheelers, moving trucks, food delivery trucks, and construction vehicles.

CONTRACT ADMINISTRATOR: A Contracting Office person, delegated by the Contracting Officer, who administrates the contract from the time it is awarded to its conclusion.

CONTRACTING OFFICER: The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on the Government’s behalf. Note: The only individual who can legally bind the Government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. May also have the designation ACOR (Alternate Contracting Officer Representative).

CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

DEBRIS: Debris is defined as any organic or inorganic material that if not cleared away prior to operations can or will become projectiles that can cause damage to property or personnel or cause an unsightly appearance after operations. Organic material consists of but not limited to tree branches or limbs and rocks over one (1) inch in diameter. Inorganic material consists of, but is not limited to, paper, plastic, and other manufactured material but does not include items such as cigarette butts and items not readily visible upon an initial sweep of the area. This definition only applies to applicable service work paragraphs but not paragraph 5.6, Miscellaneous Work Requirements.

DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

GOVERNMENT: As defined by this contract means only Fort Riley, employees of the U.S. Army at Fort Riley and facilities and property within the boundaries of Fort Riley, Kansas.

HAZARDOUS WASTE: A substance which has been deemed unserviceable for its intended use and meets the following requirements: ignitable, reactive, toxic or is waste listed in the Federal Regulations.

HEIGHT DETERMINATION FOR TREES AND SHRUBS: Shrub heights shall be determined by the total height of the overall canopy of the shrub not from sporadic (a few) elongated twigs that have grown beyond the general area of the canopy limits. Tree heights shall be determined by the highest extent of the canopy that has lateral (approaching horizontal) branching of three or more years of growth.

INCLUDES/INCLUDING: Means “includes but is not limited to.”

INTEGRATED PEST MANAGEMENT COORDINATOR (IPMC) – The individual designated by the installation commander to oversee the installation pest management program.

INTEGRATED PEST MANAGEMENT PLAN (IPMP) – A long-range, comprehensive planning and operational document that establishes the strategy and methods for conducting a safe, effective, and environmentally sound IPM program. Written IPMPs are required to establish and implement an installation pest management program.

INTEGRATED PEST MANAGEMENT – A planned, incorporating continuous monitoring, education, record keeping, and communication to prevent pest and disease vectors from causing unacceptable damage to operations, people, property, material, or the environment. The IPM strategy uses targeted, sustainable, economical, environmentally sound methods including education, habitat modification, biological control, genetic control, cultural control, mechanical control, physical control, regulatory control, and, where necessary, the judicious use of the least hazardous pesticides.

IRRIGATION (POINT) FOR TREES AND SHRUBS: Irrigation that is performed on individually located trees and shrubs in the landscape from this project where water must be applied to the root zone of newly planted trees and shrubs. This irrigation can be performed by hand watering or through a automatic drip irrigation system that is routinely inspected for proper operation and application of correct amounts of water for proper health to the plants during that portion of the year.

KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PESTS – Arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, snails, weeds, and other organisms (except for human or animal disease-causing organisms) that adversely affect the trees and shrubs that are installed in the course of this contract.

PEST MANAGEMENT – The prevention and control or reduction of disease vectors and pests that may adversely affect the DoD mission or military operations; the health and well-being of people; or structures, material, or property.

PESTICIDE: Any substance or mixture of substances, including biological control agents, that may prevent, destroy, repel, or mitigate pests and are specifically labeled for use by the EPA. Also, any substance or mixture of substances used as a plant regulator, defoliant, desiccant, disinfectant, or biocide.

PESTICIDE APPLICATOR – Any individual who applies pesticides or supervises the use of pesticides by others and who has been authorized to do so by successfully completing a training program approved by the EPA, followed by formal certification by DoD or State Certification Officials.

PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

REAL PROPERTY – DoD lands, building, structures, utility systems, surfaced areas, improvements and trees. Includes equipment affixed and built into a facility as an integral part.

REGISTERED PEST CONTROL TECHNICIAN: Is an uncertified commercial applicator who applies pesticides for wood destroying pest control, for structural pest control, for ornamental pest control, for turf pest control, for interior landscape pest control or for any combination of these types of pest control, and who has received verifiable training.

QUALITY ASSURANCE: A structured program used by the Army to monitor the actions of a Contractor to ensure that conditions of the performance work statement (PWS) are met.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A Government document that is an organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

QUALITY ASSURANCE EVALUATOR: A Government employee which performs surveillance and inspection of Contractor work to determine if the results meet the requirements in the Performance Work Statement.

QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

UNSCHEDULED SERVICES – Pest control services under the PWS of the contract are not considered scheduled service. Pest control is performed as a result of pest damage to plants or site conditions in the direct area of the plants to include the presence of a pest that may cause damage to the planting.

SUBCONTRACTOR: One that enters into a contract with a prime Contractor. The Government does not have privities of contract with the Subcontractor.

SURVEILLANCE – Thorough inspections or surveys made before and after pest management treatments to determine the presence and prevalence of pest or disease vectors.

TRIMMING: The cutting of all grass and weeds in the immediate area surrounding of the plantings.

URL: An Internet address, usually consisting of the access protocol, the domain name, and optionally the path to a file or resource residing on that server.

WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK: Monday through Friday, unless specified otherwise.

C.2.2 Acronyms:

AC Acre ACM Asbestos containing materials ACOR Alternate Contracting Officer's Representative ACP Access Control Point AEC Army Environmental Command AFARS Army Federal Acquisition Regulation Supplement AQL Acceptable Quality Level AR Army Regulation AT Antiterrorism ATO Antiterrorism Officer CCE Contracting Center of Excellence CFR Code of Federal Regulations CIB Contract Inspection Branch CMRA Contractor Manpower Reporting Application CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf CY Cubic Yard DA Department of the Army DBA Davis Bacon Act DES Directorate of Emergency Services DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense DODI Department of Defense Instruction DPW Directorate of Public Works DRMO Defense Reutilization and Marketing Office DRMS Defense Reutilization and Marketing Service EA Each ED Environmental Division EMP Environmental Management Plan ENV Environmental EPA Environmental Protection Agency EST Estimated EWMC Environmental Waste Management Center FAR Federal Acquisition Regulation FIFRA Federal Insecticide, Fungicide and Rodenticide Act FSC Federal Service Code FY Fiscal Year HIPAA Health Insurance Portability and Accountability Act of 1996 HMPC Hazardous Material Processing Center HQDA Headquarters Department of the Army IAW In accordance with IPM Integrated Pest Management IPMC Installation Pest Management Coordinator IPMP Integrated (or Installation) Pest Management Plan ISA International Society of Arboriculture

ISCP Installation Spill Contingency Plan KAA Kansas Arborists Association KDHE Kansas Department of Health and Environment KDA Kansas Department of Agriculture KO Contracting Officer LBP Lead based paint MICC Mission and Installation Contracting Command MSDS…