Performance Work Statement.pdf

SECTION C-1

General

C-1.1 PROJECT INFORMATION.

Shenango Lake and the referenced facilities are located in Hermitage and Transfer, Mercer County, Pennsylvania.

Public-use facilities owned and operated by the Corps at Shenango include three developed recreation areas including a 330-site campground, shower houses, restrooms, boat launches, swim beach, various access areas and administrative offices.

C-1.2 SCOPE OF WORK. The work to be performed consists of furnishing all necessary labor, materials, vehicles, tools, supplies and equipment to collect and dispose of rubbish, trash and construction trash at Shenango River Lake 2442 Kelly Road Hermitage, PA 16148, Mahaney Recreation Area 2601 Kelly Road Sharpsville, PA 16150, Shenango Recreation Area 492 West Lake Rd Transfer, PA 16154, Chestnut Run Swim Beach 5500 Saranac Drive Transfer, PA 16154 and Clark Recreation Area 2840 Lake Road Sharpsville, PA 16150. The areas are designated in Attachments 1 and 2.

The collection will be performed on Mondays. If a holiday falls on the pickup day, then collection will be on the proceeding day. Collection during recreational season will occur on both Mondays and Fridays at Site 4 (see Attachment 1 for schedule breakdown).

Collection includes removal of all contents in the container and all trash, paper, bottles, cans, and other debris on the ground within a ten-foot radius of the container. Each container shall be returned to its original location and the lid closed.

See Attachment 1 for information on dumpster location, quantity, container size, time period and frequency. See Attachment 2 for Maps with dumpster locations.

C-1.3 GENERAL REQUIREMENTS

It is the responsibility of the contractor to comply with all state and local laws and regulations concerning solid waste transportation and disposal. Disposal shall be done only at a site approved for that purpose. A copy of the current Solid Waste Disposal Permit issued, by the Pennsylvania Department of Environmental Resources Bureau of Waste Management, to the land fill site property owners shall be furnished to the Contracting Officer Representative (COR) prior to the commencement of work.

The contractor shall furnish and maintain all dumpsters in an operationally and safe condition at all times.

Dumpsters shall be maintained in a neat, clean, vector free condition. Dumpsters furnished by the contractor shall be leak proof, in a fully serviceable condition (no defects) and shall be compatible with the hoisting mechanism of the contractor’s collection vehicles and comply with the requirements specified herein and in the schedule. Standard safety decals shall be attached to the dumpsters.

C-1.4 INVOICES.

The Government pays only for those services performed and accepted. All invoices are to be submitted to the Contracting Officer’s Representative (COR) for review no later than the 15th day of the month following the month the services are performed. USACE does not use the Wide Area Workflow (WAWF) module in PIEE to pay invoices.

If needed, after final payment has been made for services any option year on the contract, the Contract Specialist will send an email notification with information addressing service(s) not used during the performance period.

Subsequently, a bilateral modification will be issued by the KO to de-obligate funds for services not used and to reflect the services received by the government.

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 3:00 p.m. Eastern Time (ET). Collection shall be performed between the hours of 7:00 AM and 3:00 PM ET as specified on the schedule.

b. Holiday Work. The eleven Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the COR.

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR at the pre-work conference for this contract:

a. Quality Control Plan (QCP). A suggested outline of components for the Contractor's QCP is in Appendix I.

b. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan is in Appendix II. See Section C-1.9.b for APP requirements.

c. Certificate of Insurance. See Section C-1.32a.for requirements.

d. Security Requirements. See Section C-1.9.h for requirements.

e. A letter of compliance and a signed release from the dump site property owner, if applicable.

C-1.7 PERMITS AND LICENSES. Any licenses or permits required to perform all aspects, requirements, and work under this contract shall be obtained at the Contractor’s expense. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor’s employees, other than office and clerical personnel, shall be furnished with standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within thirty

(30) calendar days after notice of award of the contract. A hat with the Contractor’s company logo may also be worn. Any employee hired thirty (30) calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble USACE uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract.

Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification. These are to be professionally- made vinyl stick-on magnetic type signs. ‘Homemade’ signs made on a computer or with magic marker or stick-on letters and numbers on cardboard, etc., are not acceptable.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

a. The Contractor shall comply with all current provisions of the Occupational Safety and Health Act (OSHA) in addition to the requirements of the Corps of Engineers Manual, EM 385-1-1, "Safety and Health

Requirements Manual" (see http://www.usace.army.mil/CESO/Pages/EM385-1-1.aspx). If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Contracting Officer may issue a stop work order for all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made subject to a claim for extension of time or for excess costs or damages to the Contractor. The Contractor will not be paid for work not performed as a result of the stop order.

b. Security Requirements.

1. ANTI-TERRORISM/OPERATIONAL SECURITY (AT/OPSEC) per ENG Form 6055.

i. AT/OPSEC 1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

ii. AT/OPSEC 3. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel, requiring unescorted access to meet contract performance requirements on a DOD installation in the US shall be vetted by the installation/facility provost marshal/Directorate of Emergency Services/Security Office using the national Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC – III”) and Terrorist Screening Database, commonly referred to as “TSDB”. Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures.

Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation to the USACE Pittsburgh District Security Office within 2 weeks prior to onsite work. If any additional individuals are subsequently added to be onsite, their information must be submitted to Security for a background check via the process identified below. The Contractor must submit the Full Name, Date of Birth, and Social Security Number (Appendix III) for all associated Contractor or subcontractor employees to the USACE Pittsburgh District Security Office. The USACE Pittsburgh District Security Office needs a minimum of 30-day lead time to process Foreign Nationals. Please contact the District’s Security Office directly to obtain submission requirements. The completed Form shall be emailed as password-protected to the USACE Pittsburgh District Security Office, to the following individuals: Ivan Russell, Security Specialist, 412-395-7591, ivan.r.russell@usace.army.mil and Andrew Wasko, Security Specialist, 412395-7643, andrew.j.wasko@usace.army.mil, followed by a new, separate email with the password to the Security Specialists. The District retains the right to deny any Contractor and subcontractor employee from working on one of its contracts based on final background investigation results.

iv. AT/OPSEC 14. Prescreen candidates using E-Verify program: Contractor shall comply with requirements set forth in FAR clause 52.222–54 Employment Eligibility Verification and FAR Subpart

22.18 in using the E-Verify program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102–1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individual will be required to complete a Form I–9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the COR immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the COR. The Contractor shall maintain an OSHA 300 Log of Work-Related Injuries and Illness:

https://www.osha.gov/recordkeeping/RKforms.html

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged, as well as the public’s property, it shall be reported immediately to the COR. When the damage was caused by contractor employees, the contractor must submit a written report of the incident and extent of such damage to the COR, within two (2) business days of occurrence. For property damage accidents determined by the COR of $2,000 or more, the Contractor will complete and submit to the COR a copy of ENG 3394 (Appendix IV).

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contractor employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all contractor employees is critical and will be closely monitored. Contractor employees shall comply with all provisions of 36 CFR Part 327 and shall obey all posted signs and regulations in the performance of the work under this contract. Contractor employees shall not be under the influence of or consume alcoholic beverages or controlled substances while on duty.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or ask their subcontractor to remove the employee whose continued employment is deemed by the COR to be incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible.

No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

b. Combatting Trafficking in Persons. The United States has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and Contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy and the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up and including termination, against employees or subcontractors that violate the U.S. Government policy as described at FAR 22.17.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials, and equipment, and the personal property of Contractor employees from loss, damage, or theft. The Government assumes no responsibility for loss, theft, or damage of the property listed above.

C-1.14 RESERVED

C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government Entity that issued the citation and the COR. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government.

If the citations are issued due to faulty operation or maintenance practices of the Contractor, the KO or COR will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the COR immediately.

C-1.16 DEFICIENCIES.

a. REPERFORMANCE. If any of the work performed does not conform to contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by reperformance, or cannot be corrected in the specified time frame, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes, but is not limited to, labor costs including benefits, transportation, and materials.

b. A Contract Discrepancy Report will be issued to the Contractor for any failure to perform services. The CDR describes the discrepancy or defect and will be discussed with the Contractor Representative when it is issued. The Contractor’s written response on the CDR form shall be provided within 24 hours of issuance. The Contractor's response must:

1. Identify the cause and corrective action taken, and

2. Identify Contractor action to prevent recurrence.

The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include the KO making necessary deductions I.A.W. the Performance Requirements Summary (Attachment 3). Upon finalization of the CDR, the Contractor and the COR must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the KO. The KO will review all CDR's issued; CDRs will also become a part of the permanent contract file.

C-1.17 RESERVED.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct discrepancies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract Performance Work Statement.

b. A method of identifying and correcting discrepancies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.

d. A method of insuring that employees have full knowledge of work assignments, and that appropriate technical expertise is utilized with each work assignment.

e. A method of coordinating each work crew’s activities with the COR.

A suggested outline of components for the Contractor's QCP is described in Appendix I. The Contractor may use any or all portions of this template to prepare a QCP. A signed plan, including Contractor specific information, shall be provided to the KO and the COR for review in advance of the pre-work conference. A COR-approved QCP must be in place prior to the start of work. A living document, upon the incorporation of any changes, updated copies of the QCP shall be provided to the KO and COR for review and COR approval.

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

C-1.19 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to ensure compliance using a Quality Assurance Surveillance Plan (QASP) but reserves the right to alter the plan at its own discretion. The Government reserves the right to change methods of inspection as deemed necessary.

The Government will keep a record of all complaints received by the public concerning Contractor performance.

Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish a copy of the findings to the Contractor. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless identified as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the KO nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 RESERVED

C-1.21 RESERVED

C-1.22 RESERVED

C-1.23 RESERVED

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and all malfunctioning Government equipment to the COR. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the COR for return to the owner, if ownership can be established. The Contractor shall inform the COR of any information the Contractor or Contractor’s employees receive about lost and/or found articles from the public.

C-1.25 RESERVED

C-1.26 RESERVED

C-1.27 RESERVED

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including work that could otherwise be performed utilizing this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The KO can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the KO shall not be the basis for a claim by the Contractor.

C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms and permits as required in this contract. Examples of these reports, forms, and permits include, but are not limited to:

Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Equipment Inspection/Maintenance Worksheet (ENG Form 5007-R)

Activity Hazard Analysis (AHA) (Appendix V)

C.1-30 WAGE DETERMINATION WAGE RATE INCREASE. In accordance with FAR 52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contract), any request for an increase under this clause must be within the terms of the clause.

C-1.31 RESERVED

C-1.32 INSURANCE

a. Insurance shall be procured and maintained at the Contractor’s expense during the entire performance period of this contract. The minimum coverages and liability limits are below:

1. Worker’s Compensation & Employer’s Liability:

$100,000 (PA) and as Legally Required by the State (OH & WV)

2. Comprehensive General Liability: Bodily Injury Per Occurrence $500,000 Property Damage $100,000

3. Automotive Liability:

Bodily Injury Per Person/Per Occurrence $200,000/$500,000 Property Damage $20,000

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the KO a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) calendar days after written notice thereof to the KO.

c. The Contractor shall also require all first tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required as stated above during the performance of this contract.

The Contractor shall furnish a current Certificate of Insurance, for each first tier subcontractor, to the KO, at least five (5) calendar days prior to entry of each such subcontractor's personnel to the Government installation.

C-1.33 HELPFUL LINKS If they do not open, copy and paste into your browser.

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/content/regulations

Code of Federal Regulations: www.eCFR.gov

Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Department of Labor, Wage and Hour Division: https://www.dol.gov/whd/

Manual of Uniform Traffic Control Devices: http://mutcd.fhwa.dot.gov/

OSHA: https://www.osha.gov/recordkeeping/RKforms.html

SECTION C-2 RESERVED

SECTION C-3 RESERVED

SECTION C-4

Solid Waste Removal

C-4.1 SCOPE OF WORK. The work to be performed under this Section consists of furnishing all necessary labor and equipment to collect and dispose of trash and garbage in the areas designated in Attachments 1 and 2.

C-4.2 SCHEDULE OF WORK. Collections shall be made as listed in Attachment 1.

C-4.3 LOCATION OF WORK. The number and type of receptacles required, and their locations are provided in Attachment 1 and 2.

C-4.4 WORK TO BE PERFORMED.

a. It shall be the responsibility of the Contractor to comply with all state and local laws and regulations concerning solid waste disposal. Disposal shall be done only at a site approved for that purpose.

b. A letter of compliance and a signed release from the dump site property owner will be furnished to the Government during the Pre-work Conference.

c. Vehicles shall use the existing service roads. Gross vehicle weight restrictions for Government roads, if any, are listed in Attachment 1. Any state or local road use permits required shall be the responsibility of the Contractor.

d. The Contractor shall supply and service the receptacles identified in Attachments 1 and 2. These receptacles shall be in place 48 hours before the first scheduled pickup. The Contractor-furnished receptacles shall be maintained in an operationally safe, serviceable condition at all times.

e. Complete Pickup Service. The following specific services shall be performed as one complete pickup service:

1. Removal of all contents of the dumpster/garbage receptacles and all trash, paper, bottles, cans and other debris on the ground within a ten-foot radius of each dumpster/garbage receptacle.

2. Containers shall be returned to their original locations with lids closed.

Attachments

Attachment 1 – Solid Waste Removal

Attachment 2 – Dumpster Location Maps

Attachment 3 - Performance Requirement Summary - Shenango River Lake

Attachment 4 – Service Contract Wage Determination 2015-4261 Rev. 23 dtd: 30 June 2023

Attachment 5 – Price Schedule

Appendices

Appendix I Quality Control Plan

Appendix II Accident Prevention Plan

Appendix III LRP Security Information Sheet

Appendix IV ENG 3394

Appendix V Activity Hazard Analysis

Appendix VI Electronic Invoicing Instructions for the USACE Finance Center

Appendix VII Procurement Integrated Enterprise Environment (PIEE) Vendor Registration