W91238-09-Q-0038.doc

Section A - Solicitation/Contract Form

SF 1449 CONTINUATION

CONTINUATION OF STANDARD FORM 1449 (BLOCK 30 SIGNATURES)

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation

(name) named as a participant in a Joint Venture on this offer; that

_____________________, who signed said offer on behalf of the corporation, was

(name) then ______________________ of said corporation; that the signature thereto is

(title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW. SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE OFFER IN BLOCK 17 HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE CORPORATE NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON AUTHORIZED TO SIGN THE OFFER IN BLOCK 17. PROVIDE PROOF THAT THE PERSON SIGNING FOR THE CORPORATION HAS THE AUTHORITY TO BIND THE CORPORATION BY COMPLETING THE FOLLOWING CERTIFICATE:

CONTINUATION OF STANDARD FORM 1449 (BLOCK 30 SIGNATURES)

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the

(name) corporation named as offeror in the within offer; that ______________________, (name) who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature

(title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL BE SIGNED BY THAT INDIVIDUAL IN BLOCK 17 FOLLOWED BY THE WORDS "AN INDIVIDUAL

DOING BUSINESS AS _____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO BIND THE PRINCIPAL.

Section B - Supplies or Services and Prices

Base Year - Recreational Clean Up

FFP

Services, Lake Kaweah - This is an informational line item only, for pricing see the pricing schedule below. The Contractor shall furnish all labor, materials, tools, equipment, transportation and supervision necessary to provide all services for this contract located at Lake Kaweah, Tulare County,CA. All quantities are estimated. For more information, see the Statement of Work.

Period of Performance: 01 December 2008 - 30 November 2009.

Points of Contact: Technical - Mr. Phil Deffenbaugh at 559-597-2301. Contractual - Ms. Annette Fleming at 916-557-6882.

FOB: Destination

PURCHASE REQUEST NUMBER: W62N6M82077478

NET AMT

FFP

Services, Lake Kaweah - This is an informational line item only, for pricing see the pricing schedule below. The Contractor shall furnish all labor, materials, tools, equipment, transportation and supervision necessary to provide all services for this contract located at Lake Kaweah, Tulare County,CA. All quantities are estimated. For more information, see the Statement of Work.

Period of Performance: 01 December 2009 - 30 November 2010.

Points of Contact: Technical - Mr. Phil Deffenbaugh at 559-597-2301. Contractual - Ms. Annette Fleming at 916-557-6882.

FOB: Destination

PURCHASE REQUEST NUMBER: W62N6M82077478

NET AMT

PRICING SCHEDULE

Pricing Schedule

Dated: 14 November 2008

Line

Items

Period of Performance: 01 December 2008 - 30 November 2009.

Point of Contacts: Technical – Phil Deffenbaugh at 559-597-2301, Contractual - Annette Fleming at 916-557-6882.

Total for Line Item 0001 only

Line

Items

Point of Contacts: Technical – Phil Deffenbaugh at 559-597-2301, Contractual - Annette Fleming at 916-557-6882.

Total for Line Item 0002 only

Line

Point of Contacts: Technical – Phil Deffenbaugh at 559-597-2301, Contractual - Annette Fleming at 916-557-6882.

Total for Line Item 0003 only

Grand Total for Base Year

Line

Period of Performance: 01 December 2009 - 30 November 2010.

Point of Contacts: Technical – Phil Deffenbaugh at 559-597-2301, Contractual - Annette Fleming at 916-557-6882.

Total for Line Item 1001 only

Line

Point of Contacts: Technical – Phil Deffenbaugh at 559-597-2301, Contractual - Annette Fleming at 916-557-6882.

Total for Line Item 1002 only

Line

Point of Contacts: Technical – Phil Deffenbaugh at 559-597-2301, Contractual - Annette Fleming at 916-557-6882.

Total for Line Item 1003 only

Grand Total for Option Year 1

Grand Total for All Years

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work

Recreational Clean Up (Litter Pick Up) Services – Lake Kaweah

Dated: 14 November 2008 Part A – General Information:

1. The work required under this contract provides for Recreational Clean Up (Litter Pick Up) Services at Lake Kaweah. Lake Kaweah is located in Tulare County, California approximately twenty miles east of Visalia, CA. Detailed descriptions of the work shall be in Part B of this Statement of Work. Maps of the areas to be covered shall be available at the Park Office.

2. In the event that any part or all of the Park shall be permanently or temporarily closed, the segments of this contract pertaining to that area shall not be required and therefore not utilized. The number of facilities shall vary. Contractors shall not perform work in those closed areas or facilities that shall not be in use and shall not be compensated for work not performed.

3. Points of Contact: Technical – Mr. Phil Deffenbaugh, Park Manager at 559-597-2301. Contractual – Ms. Annette Fleming, Purchasing Agent at 916-557-6882.

4. Period of Performance: This contract consists of a Base Year and One Option Year. The Base Year shall be 01 December 2008 – 30 November 2009. The Government may elect to exercise option year. Option Year One (1) shall be 01 December 2009 – 30 November 2010.

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

6. Estimated Quantity Line Items: All Line Items with quantities are estimated-quantity Line Items. The quantities are estimated amounts and are not guaranteed amounts. The contractor will only be paid for work actually performed. At no time will the contractor exceed the estimated quantity on any estimated quantity Line Item. The contractor will establish a tracking system of actual quantities against the contract’s estimated quantities for each estimated quantity Line Item and will maintain the tracking system up to date throughout the life of the contract. When the actual quantity of any Line Item reaches 75% of the estimated quantity on any estimated quantity Line Item, the contractor will notify the Government’s Contract Specialist and the Technical PoC in writing by fax or e-mail within two calendar days. Once the Government is notified that the actual quantity has reached 75% of the estimated quantity on any Line Item and if the Government determines that the estimated quantity needs to be increased, the contractor will receive an official modification to the contract action signed by the Contracting Officer increasing the quantity and the amount obligated on the contract BEFORE the contractor will proceed to work over the existing estimated quantity. The modification will set the new estimated quantity that the contractor may not exceed without another modification.

7. Contractor Submittals: The Contractor shall submit to the Park Manager all items listed below:

a. Certificates of Insurance

b. Safety Plan (Discuss with Park Manager at Pre-contract meeting)

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

d. Exposure Report (Man-hours worked) (Submit within 5 working days after the first of each month)

e. Monthly Invoice

f. Monthly log of all campsites and picnic sites cleaned by date

8. Invoices: Invoices for payment shall be submitted upon completion of tasks as outlined in the Payment Schedule of this contract. Final invoice(s) shall be marked “Final”. Invoices shall be submitted to:

Original invoice only WITHOUT additional information or supporting documentation:

USAED, FINANCE CINETER

ATTN: CEFC-FP

5270 Integrity Drive

Millington, TN 38054-5005

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

U.S. Army Corps of Engineers

ATTN: (Contract Number), Contracting Office Service & Supply Branch

1325 J Street

Sacramento, CA 95814-2922

US Army Corps of Engineers

Lake Kaweah

ATTN: Phil Deffenbaugh

P. O. Box 44270

Lemon Cove CA 93244

9. Contract Payment: The contractor shall only be paid for those services performed. The Government shall pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract. Payment shall be made monthly in arrears at the contract unit price for the services performed in accordance with the pricing schedule and as described herein.

10. Definitions: The following definitions shall be used for this contract.

a. Clean: As used generally, means removal of dirt or impurities. As used for acceptance of work, means gleaming bright, free from dirt, contamination, or impurities, unsoiled, unstained, neat and tidy, having no flaws or roughness, clear, regular, or having few corrections, etc.

b. Contractor: Refers to the individual to whom the contract has been awarded (prime) and subcontractors. The Contractor shall be responsible for insuring that his/her subcontractors comply with provisions of the contract. For the purpose of receiving work orders the term Contractor may include the designated supervisor or representative.

c. Debris: Limbs and branches larger than 1/2 inch in diameter and any construction material or waste left after completion of work.

d. Facility: Any improved feature of the Park.

e. Garbage: Spoiled or waste food, as from a market or kitchen, etc., that is thrown away. Any worthless, unnecessary or offensive organic matter to include any original container within which such garbage remains exists.

f. Government: As used herein means the United States of America.

g. Hazardous Waste: Hazardous waste materials are toxic, poisonous, corrosive, irritating, sensitizing, radioactive, biologically infectious, explosive or flammable and that presents a hazard to human health and the environment. Special handling procedures and disposal facilities are required for their disposal in compliance with Federal, State and Local regulations.

h. Irrigation Cycle: The time lapse between the completion of one irrigation and the beginning of the next irrigation. The amount of irrigation water applied shall be correlated with weekly climatic conditions and adjusted accordingly.

i. Litter: Any man-made material left abandoned.

j. Litter Pickup: The pickup and disposal of paper, bottles, cans, cardboard, plastic, rags and other "litter" in designated areas.

k. Park Manager: Park Manager refers to the Park Manager of Lake Kaweah, U.S. Army Corps of Engineers and his representatives.

l. Quality Assurance: The means by which the Government fulfills its responsibility in assuring that the Contractor Quality Control is functioning.

m. Quality Control: The means by which the Contractor insures that work meets contract specifications.

n. Recreation Season: The recreation seasons at Kaweah Lake shall be divided into a Summer Recreation Season from March through September and a winter season from October through February.

o. Regulation: Refers to any Government (Federal, State or Local) regulation applicable to the operation and use of Lake Kaweah.

p. Trash: Any sort of worthless material that has been left in or around the recreation areas, which shall include but not limited to organic or non-organic materials.

Part B – Work to be Performed:

1. General Information: The contractor shall provide all labor, equipment, materials, supplies, transportation and supervision necessary to perform all litter removal and clean up services at Lake Kaweah.

2. Normal Working Hours: Shall be Monday through Friday, 7:00 A.M. to 5:30 P.M. excluding Federal Holidays as listed under the WORKING HOURS section of this contract. Working hours for specific sections may vary because of job requirements or by mutual agreement between Contractor and Park Manager.

3. Litter Pick Up/Removal: Schedule of Services

a. Winter Season: December - February and October - November, remove litter per the following schedule:

1) Cobble Knoll (once per week: Monday)

2) Slick Rock Recreation Area (once per week: Monday)

3) Horse Creek Bridge Day Use Area (once per week: Thursday)

4) Horse Creek Recreation Area (once per week: Wednesday)

5) Kaweah Recreation Area (once per week: Tuesday)

6) Lemon Hill Recreation Area (once per week: Tuesday)

7) Administration Area (once per week: Thursday)

b. Summer Season: March - September, remove litter per following schedule:

1) Cobble Knoll (Sunday, Monday, Wednesday, Friday and Saturday)

2) Slick Rock Recreation Area (Sunday, Monday, Wednesday, Friday and Saturday)

3) Horse Creek Bridge Day Use Area (twice per week: Monday & Friday)

4) Horse Creek Recreation Area (Sunday, Monday, Wednesday, Friday and Saturday)

5) Kaweah Recreation Area (Sunday, Monday, Wednesday, Friday and Saturday)

6) Lemon Hill Recreation Area (Sunday, Monday, Wednesday, Friday and Saturday)

7) Administration Area (once per week: Thursday)

4. Locations and Services: The Contractor shall perform the following services and at the following locations:

a. Cobble Knoll: Services shall be performed from the trailhead parking area near the Western Lodge along the top of the dike to the northeast, from the end of the dike to the water’s edge, follow the water’s edge toward the Slick Rock area. This area encompasses all of Cobble Knoll Recreation Area from State Highway 198 to water’s edge (lake shoreline or south side of the Kaweah River) including parking areas, trails, and beach and swimming areas, excluding private land along Hwy. 198. The Contractor shall perform the following services:

1) Remove all litter, garbage or other discarded items. Placing litter in government provided dumpsters.

2) Check trashcans in the service areas and empty contents into dumpsters. When trashcan is one half full or more replace liner.

b. Slick Rock Recreation Area: Service shall be performed at low water the western edge of Slick Rock area shall be the gate at the west end on the old highway. From the gate at the west end of Slick Rock the southern boundary shall be Highway 198. This area encompasses all of Slick Rock Recreation Area from State Highway 198 to water’s edge (lake shoreline or south side of the Kaweah River) including parking areas, trails, and beach and swimming areas, excluding private land along Hwy. 198.

1) Remove all litter, garbage or other discarded items. Placing litter in government provided dumpsters.

2) Check trashcans in the service areas and empty contents into dumpsters. When the trashcan is one half full or more replace liner.

c. Horse Creek Bridge: Service shall be performed from entrance of Horse Creek Road and Hwy. 198 east bound to under the bridge to the waterline, follow the creek or shoreline southeast to property line. From the south end of Government Property follow the property line back northwest to the paved road ending back at the intersection of Horse Creek Road and Hwy. 198. Within these boundaries include all roadsides, parking areas and shoreline and 50' around sides of all the above. This area encompasses all of Cobble Knoll Recreation Area from State Highway 198 to water’s edge (lake shoreline or south side of the Kaweah River) including parking areas, trails, and beach and swimming areas, excluding private land along Hwy. 198.

1) Remove all litter, garbage or other discarded items. Placing litter in government provided dumpsters.

2) Check trashcans in the service areas and empty contents into dumpsters. When the trashcan is one half full or more replace liner.

3) Remove any nails, rope or wire from trees.

d. Horse Creek Recreation Area: Service shall be performed from the entrance to Horse Creek Campground and Hwy 198 east bound along Hwy. 198 to Horse Creek Bridge follow the shoreline back to the west to the Horse Creek Campground. During high water conditions continue to follow the shoreline to the west to meet the entrance road to Horse Creek Campground to include the shoreline on the west side of the entrance road, ending at the intersection of Hwy 198 and entrance to Horse Creek Campground. When the shoreline drops below the campground, come back west from the bridge to the high water mark and follow it west to the gate dividing Horse Creek Recreation Area and Kaweah Recreation Area (blocking access from Kaweah Recreation Area at the old highway) up to the high water mark then back east to the entrance of the campground, ending at the intersection of Hwy 198 and entrance to Horse Creek Campground. Within these boundaries include all roadsides, parking areas, campsites, picnic sites, amphitheater, nature trail and shoreline and 50' around sides of all the above .

1) Remove all litter, garbage or other discarded items. Placing litter in government provided dumpsters.

2) Check trash cans in the service areas and empty contents into dumpsters. When the trash can is one half full or more replace liner.

3) Remove any nails, rope or wire from trees.

e. Kaweah Recreation Area: Service shall be during low lake levels from the entrance to Kaweah Recreation Area and Hwy. 198 east to the gate at the east end of the old highway, from the gate follow the shoreline to the west to the lower launch ramp, from the launch ramp continue to follow the shoreline to the west to a point 1,000 feet west of the lower ramp return to the east to the ramp and parking areas continue south along the roads and parking areas ending at the entrance and Hwy. 198. Within these boundaries all roadways, parking areas, picnic sites, lawn areas, shoreline, boat ramps, and 50' around sides of all the above are to be serviced. During high lake levels service the entrance area and all accessible shoreline east and west of the entrance.

1) Remove all litter, garbage or other discarded items. Placing litter in government provided dumpsters.

2) Check trash cans in the service areas and empty contents into dumpsters. When the trash can is one half full or more replace liner.

3) Remove any nails, rope or wire from trees.

f. Lemon Hill Recreation Area: Service shall be from the entrance to Lemon Hill and Hwy. 198 includes roadways, parking areas, picnic sites, lawn areas, shoreline, boat ramps, Visitor Center deck and 50' around sides of all the above. At low lake levels service all accessible shore line from a point 1,000 feet east of the end of any parking point to the west ending at a point below Park Headquarters.

1) Remove all litter, garbage or other discarded items. Placing litter in government provided dumpsters.

2) Check trash cans in the service areas and empty contents into dumpsters. When the trash can is one half full or more including trash can on Visitor Center deck replace liner.

g. Administration Area: Service shall include roads and parking areas from the property line at the entrance gates to the Park Office and the access road to the tower, plus 50' on all sides.

1) Remove all litter, garbage or other discarded items. Placing litter in government provided dumpsters.

2) Check trashcans in the service areas and empty contents into dumpsters. When the trashcan is one half full or more replace liner.

NOTE: The specific acreage for each area shall vary with the time of the year and lake levels.

5. Cleaning Service: Schedule of Services:

a. Winter Season: December - February and October - November, clean per the following schedule:

1) Clean the 33 campsites in the open side of the campground (all areas west of the gates near campsites 8 and 80) and all picnic sites (up to 17 picnic sites) in three different areas, once each week.

2) Campsites and picnic sites shall be cleaned between Sunday and Wednesday of each week including fire rings of occupied sites. Notify camper before entering site to clean.

b. Summer Season: March – September:

1) Clean the 81 campsites in the campground and all picnic sites (up to 17 picnic sites) in three different areas and one amphitheater once each week.

2) Campsites, picnic sites and amphitheater shall be cleaned between Sunday and Wednesday of each week including fire rings of occupied sites. Notify camper before entering site to clean.

6. Locations and Services: The Contractor shall perform the following services and at the following locations:

a. Horse Creek Campground Area: The following services shall be performed:

1) Rake and sweep all sidewalks and stairs throughout open campground.

2) Remove any trash from around open campground roadways and walkways.

b. Horse Creek Campground Campsites: The following services shall be performed:

1) Leaf-rake each campsite to a minimum distance of 10 feet around the fire ring and picnic table in each direction and deposit any litter in dumpster.

2) Wash each table, benches, lantern holder and utility table to be free of dirt, grease and bird droppings.

3) Maintain fire-rings and grill by removing ashes, partially burned wood and any organic or non-organic debris. Clean grill surfaces so as to be free of grease and food particles. Maintain fire ring concrete pad or dirt base to keep ring level and secure.

4) Stack leftover firewood beside fire-rings.

5) Remove rope or wire from shelters or trees.

6) Sweep all sidewalks and stairs around campsites.

7) Wash each campsite lantern holder, utility table and campsite number post to be free of dirt, grease and bird droppings.

c. Horse Creek Campground Amphitheater: The following services shall be performed:

1) Rake amphitheater and sweep walkways and benches.

2) Maintain fire-rings and grill by removing any ashes, partially burned wood and any debris.

3) Sweep all sidewalks and stairs around amphitheater.

d. Recreation Areas (Lemon Hill, Kaweah, Horse Creek) Picnic Sites: The following services shall be performed:

1) Wash each table and benches so as to be generally free of dirt and grease.

2) Maintain barbeque grills by removing ashes, partially burned wood and any debris. Clean grill surfaces so as to be free of grease and food particles. Maintain cooking pedestals and bases so they are straight and secure.

3) Remove rope or wire from shelters or trees.

4) Sweep all sidewalks around picnic tables and picnic areas.

NOTE: The specific number of services for each area will vary with the time of the year and lake levels.

7. Meetings: Pre-contract Meeting: Prior to the beginning of the contract, the Contractor shall meet with the Park Manager to discuss all elements of this contract. At least one week prior to this meeting, the Contractor shall submit to the Park Manager all information required under this contract including Certificate of Insurance, Safety Plan, any license required by the state and name of supervisor and alternate supervisor. The Park Manager will determine the date, time and location of this meeting.

Part C – Contractor Responsibilities:

1. Materials and Supplies: The Contractor shall provide all equipment, transportation, fuel, materials supplies, and supervision including office supplies necessary to accomplish work under this contract. The Park Manager or representative shall approve all materials and supplies.

a. Only clean water shall be used for cleaning. Potable water shall be available for use throughout the Lake.

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

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

2. Personnel: The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. It shall be the Contractors responsibility to insure that personnel fulfill the requirements of the contract.

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

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

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

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

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

4. Health and Safety: All work shall adhere to the requirements of EM-385-1-1. A copy or the EM 385-1-1 can be found on the internet http://www.hq.usace.army.mil/soh/em385/current/current38511.htm. The contractor shall adhere to all state, county and federal laws and regulations during the completion of this contract. All work to be performed under this contract shall take place on or around public recreation areas. The contractor shall to be extremely aware of his/her surroundings during the completion of duties as to provide a safe environment for all park visitors. The contractor shall include provisions for equipment maintenance, employee responsibilities for working safely, job hazard analysis, indoctrinations and training of employees, public safety activities and responsibilities for fire prevention. The Contractor shall provide applicable safety training to employees.

a. Material Safety Data Sheets (M.S.D.S.): The Contractor shall be provided an M.S.D.S. to the Park Manager for any compound used in the completion of this contract. M.S.D.S.’s shall be provided prior to the use of the compound. These sheets shall also be posted in a location that shall be accessible to all employees.

5. Defective Facilities: Damaged, defective and/or inoperative facilities shall be reported to the Park Manager as soon as possible, but in all cases by the next workday after being discovered by Contractor. The decision to close a facility will be made by the Park Manager.

Part D – Government Responsibilities:

1. Government Furnished Property: None

2. Government Inspections: The Park Manager, or his representative, shall inspect services under this contract to ensure compliance with the standards and specifications. When requested by the Park Manager, the Contractor shall accompany the Corps representative on these inspections.

3. Quality Assurance: The Government shall monitor the Contractors performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government shall monitor the Contractor's services using the random sampling method, the planned sampling method and/or the 100% inspection method. The Government reserves the right to change or alter the type of inspection plan at it's discretion at any time.

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory…