W9123820Q0014 PWS Hensley Lake Fire Hazard Reduction Mowing Svcs.docx

Fire Hazard Reduction Mowing Services Contract Hensley Lake

Performance Work Statement

Project: Provide fire hazard reduction mowing services at Hidden View Recreation Area, Buck Ridge Recreation Area, Hidden View Campground, Vista Point, Road 400 Access Points, Park Headquarters, and other areas at Hidden Dam – Hensley Lake located in Raymond, Madera County, CA.

Points of Contact

25207 Road 407 Raymond, CA 93653-0085 Ph: (559) 673-5151 (Fax: 2044) Email: Doug.Plitt@usace.army.mil

Safety Officer Mr. Curtis Morris U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-SO 1325 J Street Sacramento, CA 95814-2922 Ph: (916) 557-5358 Email: Curtis.D.Morris@usace.army.mil

Contracting POC LTC Dawn Daniels U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-CT 1325 J Street Sacramento, CA 95814-2922 Ph: (916) 557-7215 Email: Dawn.M.Daniels@usace.army.mil

Payment Questions:

Direct payment questions shall be directed to the Contracting Officer’s Representative (COR).

For prompt payment, submit invoices to all parties and follow the guidance provided in the Payment and Invoices paragraph. Payment is NET 30 unless the Contractor specifies prompt payment discount terms in the quote/proposal.

Incomplete or inaccurate invoices shall be returned to the Contractor for revision.

5.2.4 Insurance: The Contractor shall procure and maintain insurance for any and all employees during the entire period of his/her performance under this contract and in accordance with the Contract Clause, “Insurance - Work on a “Government Installation”:

1. Workmen’s Compensation and Employers’ Liability Insurance.

1. Workmen’s Compensation and Occupational Disease Coverage in accordance with statutory limits.

1. Employers’ Liability coverage with a minimum limit of $100,000.

1. Comprehensive Automobile Liability Insurance: Bodily Injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence.

1. Property Damage Coverage with a minimum limit of $20,000 per occurrence.

5.2.5 Contractor Vehicle Identification: All Contractor vehicles shall be identified with the company name or logo conspicuously displayed on door panels. Professionally made magnetic signs or pressure sensitive decals may be used to comply with this specification.

6. Contractor’s Quality Control Plan (QCP)

6.1 The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP shall be forwarded to the COR at time of award. The COR will review the QCP and list any needed clarifications, and return to the Contractor for response, if necessary, reference Attachment B. The Contractor’s QCP shall include the following, or have incorporated into the document during performance of the contract, at a minimum:

6.1.1 An inspection plan covering all services is required by this contract. The inspection plan shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections shall be accomplished and documented, and shall specify the title of the individual(s) who will perform the inspections.

6.1.2 On-site records of all inspections conducted by the Contractor noting necessary corrective actions taken. The Government reserves the right to request copies of any and/or all inspections.

6.1.3 Active or established internal policies and procedures for updating equipment and procedures that may affect the performance of the contract.

6.1.4 Methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

6.1.5 Identify the character, physical capabilities, certifications and ongoing training of each employee performing services under the contract.

6.1.6 Contain a log to account for all requests for immediate services. The log shall indicate the date and time of services, and description of results and completion of these services. The log shall also contain any complaints or problems, with procedures taken, to allow for corrections and/or elimination before effects caused interruption of performance of the contract.

7.4 The Contractor shall comply with all applicable Federal, State, and local regulations.

7.5 The Contractor shall maintain telephone services that will enable the COR and his/her designated representative to have communication capability during business hours. The Contractor shall return all calls to the COR or his/her designated representative within 24 hours.

7.6 The Contractor and all employees shall be licensed and permitted to operate all equipment necessary to complete work under this contract. All required licenses and permits to operate shall be the responsibility of the Contractor.

8. Materials, Equipment & Supplies

8.1 The Contractor shall be responsible for all materials and equipment in their possession. The Contractor shall be accountable for any loss, damage, or misuse of Government equipment and/or property being used during the performance of contractual services.

8.2 All damage to Government facilities and/or environmental features as well as to private property by the Contractor or his/her employees will be reported to the COR within 24 hours. All damaged property will be returned to the original condition, as directed by the Contracting Officer or COR. Any damage caused by the Contractor to plant/trees or other environmental features will be the liability of the Contractor. The damage expense will be the liability of the Contractor.

8.3 The United States Department of Agriculture (USDA) designates certain bio-based products for federal procurement and specifies minimum bio-based content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum bio-based content level. Visit the Bio-Preferred web site (https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml) for the complete list of designated products and the associated minimum bio-based content level requirements.

9. Reporting

9.1 The Contractor shall submit a Safety Exposure Report, CESPD Form 94-R, to the COR or his/her representative with each monthly invoice. Failure to submit this form may delay payment for services performed (See Attachment C).

9.2 The Contractor shall maintain an accurate record of, and shall notify the COR immediately following the occurrence/discovery, of any accidents resulting in death, injury, occupational disease, and/or damage to property or equipment, incidental to work performed under this contract.

10.1 For security reasons, the Contractor will be escorted for any services performed within the Hidden Dam operation areas.

10.2 In accordance with AR 190-13 Physical Security Program; the Contractor shall maintain all keys, combinations, and instructions in a confidential and secure manner. Only authorized employees will perform services under this contract, and all keys shall not be provided to unauthorized personnel at any time. The Contractor shall be responsible for all costs associated with lock and key replacement in the event that keys are misplaced or lost.

10.3 All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility 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 installation or facility change, the Government may require changes in contractor security matters or processes.

10.4 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, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

10.5 E-Verify: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

11.1 The Contractor shall be responsible for all labor, materials, equipment, transportation and supplies necessary to successfully perform fire hazard reduction mowing services in accordance to the terms and conditions stated in this contract. Services include, but are not limited to the use of manual and mechanical equipment (string trimmers, mowers, brush hogs, etc.) to minimize standing vegetation for fire hazard reduction and public safety within the Hensley Lake and Hidden Dam project boundary.

11.2 Pre-work Meeting: To be held prior to the beginning of each contract year.

11.3 The vegetation in the service areas shall be cut as short as possible, but shall not be taller than 4 inches at the time of inspection for contract compliance. The Contractor may request compliance inspections each time a unit or area is completed.

11.4 Vegetation reduction shall be performed around all trees, the base of retaining walls, shrubs, culverts, sign posts, picnic tables, fire rings, grills, water hydrants/faucets, garbage cans, playground equipment, rocks and all buildings and shelters. All equipment shall be operated in such a manner as not to damage any trees or shrubs.

11.5 Following vegetation reduction services within each area, the Contractor shall remove all cut vegetation and debris from roads, walkways, sidewalks, trails, shade shelter pads, and all other public access routes.

11.6 Irrigation systems shall be tested after each vegetation reduction service to ensure no damage has been sustained. The Contractor shall repair any damage at their own expense and to the satisfaction of the Park Manager.

11.7 Site numbers referred to under the Service Areas section will require the prescribed square feet of weed eating in addition to the sterile area.

11.8 The site maps can be used as a reference to area descriptions and locations. The aerial maps for the fire hazard reduction services will include: Hidden View #1, 2, 3, 5, 7, 8 and 9, Buck Ridge #1 thru 7d, Vista Point #1 and 2, Headquarters Locations, and Roads (See Attachment D). Further clarification of area descriptions and locations shall be explained during the pre-work meeting.

12. Services Areas

12.1 Total for all areas is approximately 2,877,463 ft². Note that square foot areas are approximations and should not be used except for orientation purposes.

12.2 Hidden View Recreation Area: Approximately 1,314,230 ft²

12.2.1 Pohonichi Trail Parking Lot, 20 ft. wide on edge of paving: 506 ft. x 20 ft. = 10,120 ft² – Reference Hidden View Map #1.

12.2.2 Well #1: 1,900 ft² – Reference Hidden View Map #1.

12.2.3 Well #2: 900 ft² – Reference Hidden View Map #1.

12.2.4 Well house: 1,147 ft² minus (-) Exclusion Area 94 ft²: 1,053 ft² – Reference Hidden View Map #1.

12.2.5 Dump Station Island: 7,554 ft² – Reference Hidden View Map #2.

12.2.6 Dump Station Drive-through, 20 ft. wide on north side of paving: 224 ft. x 20 ft. = 4,480 ft² – Hidden View Map #2.

12.2.7 Campground Loop B and Campsite 26 Island, 218,384 ft² minus (-) Gray Paving Exclusion areas 1 and 2 and RR #2 Exclusion, 22,835 ft²: 195,549 ft² – Reference Hidden View Map #3.

12.2.8 Campsites 13 & 15 and Lift Station: 27,137 ft² – Reference Hidden View Map #3.

12.2.9 Area from Campsites 27 to 35, 81,919 ft² minus (-) Black Site 32 Paving Exclusion, 1,286 ft²: 80,633 ft² – Reference Hidden View Map #3.

12.2.10 Campground Loop A, Campsite 1,3,5,6 and 12 Pull-Through Islands, Group Areas, and PG&E Meter near fee booth, 412,517 ft² minus (-) Black exclusion areas, 57,010 ft²: 355,507 ft² – Reference Hidden View Map #8.

12.2.11 Campground Loop C and Campsite 40 Island, 205,756 ft² minus (-) Black paving exclusion area, 20,646 ft²: 185,110 ft² – Reference Hidden View Map #5.

12.2.12 Boat Ramp to Campsite 45, 124,446 ft² minus (-) Gray exclusion area, 52,346 ft²: 72,100 ft² – Reference Hidden View Map #5.

12.2.13 Area from Campsite 45 to Campground Entrance: 209,320 ft² – Reference Hidden View Map #9.

12.2.14 Hidden View Main Road, 20 ft. wide on each side of road, 2,145 ft. x 40 ft. = 102,640 minus (-) Exclusions 3,420: 99,220 ft² – Reference Hidden View Map #7.

12.2.15 Fishing Access Road, 20 ft. wide on each side of road, 1,475 ft. x 40 ft.: 59,000 ft² – Reference Hidden View Map #7.

12.3 Buck Ridge Recreation Area: Approximately 1,103,005 ft²

12.3.1 Buck Ridge Main Road, 20 ft. wide on each side of road (3,303 ft. x 40 ft. = 132,120 ft²) minus (-) Gray exclusion zones (273 ft. x 20 ft. = 5,460 ft.): 126,660 ft² – Reference Buck Ridge Map #1.

12.3.2 Swim Beach Road, 20 ft. wide on each side of road: 1,503 ft. x 40 ft.: 60,120 ft² – Reference Buck Ridge Map #1.

12.3.3 Pay Station: 8,245 ft² – Reference Buck Ridge Map #2.

12.3.4 Swim Beach Upper Parking Lot: 11,140 ft² – Reference Buck Ridge Map #3.

12.3.5 Swim Beach Area: 47,857 ft² – Reference Buck Ridge Map #3.

12.3.6 Upper Boat Ramp Parking Lot Road, 20 ft. wide on each side of road, 447 ft. x 40 ft.: 17,880 ft² – Reference Buck Ridge Map #4.

12.3.7 Upper Boat Ramp Parking Lot, 13,105 ft² – Reference Buck Ridge Map #4.

12.3.8 Upper Boat Ramp Parking Lot 2: 16,485 ft² – Reference Buck Ridge Map #4.

12.3.9 Picnic Area including Water Treatment Plant and Savage Monument, 505,535 ft² minus (-) Gray exclusion areas, 72,904 ft²: 432,631 ft² – Reference Buck Ridge Map #5.

12.3.10 Wildlife Area Parking Lot, 882 ft. x 20 ft. wide: 17,640 ft² – Reference Buck Ridge Map #6.

12.3.11Hitching Rails: 3,099 ft² – Reference Buck Ridge Map #6.

12.3.12 Disc Golf Course- Fairways, 50 ft. wide, Paths from baskets (B#) to tees (T#)- 20 ft. wide, Baskets (B#): 30 ft. radius: 348,143 ft² – Reference Buck Ridge Maps #7a-d.

12.4 Vista Point: Approximately 190,510 ft²

12.4.1 Vista Point Lookout Area: 76,527 ft² – Reference Vista Point Map #1.

12.4.2 Parking Lot Islands: 5,183 ft² – Reference Vista Point Map #1.

12.4.3 Vista Point Road, 20 ft. wide on each side of road, 2,720 ft. x 40 ft.: 108,800 ft² – Reference Vista Point Map #2.

12.5 Headquarters Locations: Approximately 97,246 ft²

12.5.1 China Wall: 2,422 ft² – Reference Headquarters Locations Map #1.

12.5.2 PG&E Meters: 4,216 ft² – Reference Headquarters Locations Map #2.

12.5.3 Canyon: 18,000 ft² – Reference Headquarters Locations Map #2.

12.5.4 Residence and Volunteer Site, 86,922 ft² minus (-) Gray exclusion area, 14,314 ft²: 72,608 ft. 2 – Reference Headquarters Locations Map #3.

12.6 Roads: Approximately 19,691 ft²

12.6.1 Park sign and trail access at intersection of Road 603 & Road 407: 9,975 ft² – Reference County Roads Map #1.

12.6.2 Area-closed sign on Road 603 west of bridge: 115 ft² – Reference County Roads #1.

12.6.3 Park sign, south of intersection of Roads 603 & 407: 56 ft² – Reference County Roads Map #1.

12.6.4 Access Trail at walk-through gate on Road 603 west of bridge: 3,215 ft² – Reference County Roads Map #1.

12.6.5 Walk-through gate on South side of Road 603, east of bridge: 2,895 ft² – Reference County Roads Map #2.

12.6.6 Hidden View Entrance Sign: 1,100 ft² – Reference Country Roads Map #3.

12.6.7 Culvert and Retaining Wall on Road 407: 1,500 ft² – Reference County Roads Map #3.

12.6.8 Vista Point Entrance Sign: 405 ft² – Reference County Roads Map #4.

12.6.9 Park Sign at intersection of Roads 400 & 603: 235 ft² – Reference County Roads Map #5.

12.6.10 Buck Ridge Entrance Sign: 195 ft² – Reference County Roads Map #6.

13. Safety

12.1 The Contractor shall obtain the USACE Project Safety Officer’s approval on the Accident Prevention Plan (APP) BEFORE starting any on-site work.

12.2 The Contractor shall use a qualified Safety and Health Manager (SHM) to prepare the written site-specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1. Cover all paragraph and subparagraph elements in Appendix A of USACE EM 385-1-1, "Minimum Basic Outline for Accident Prevention Plan.” Activity Hazard Analyses (AHAs) shall be appended to the APP.

12.3 The Contractor shall develop an Injury and Illness Prevention Program (IIPP) for projects within the State of California as an appendix to the APP. Where a paragraph or subparagraph element is not applicable to the work to be performed, indicate "Not Applicable" next to the heading. The APP shall be job specific and shall address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor's overall safety and health program (SHP). Any portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the Subcontractors. The Contractor is responsible for informing their Subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting Subcontractor operations to ensure that accident prevention responsibilities are being carried out. The Contractor, COR, and Site Safety and Health Officer (SSHO) shall sign the APP.

12.4 The Contractor shall submit the APP to the USACE Project Safety Officer within 10 days of award. The Government will review the documents within 10 days. The Contractor shall resubmit the documents, with any requested changes, within 5 days of request.

12.5 The Contractor’s APP and subsequent activities shall comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:

12.5.1 EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, 30 November 2014 Edition: https://www.publications.usace.army.mil/

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

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

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

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

12.5.6 Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)

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

12.5.8 Proposition 65 (22 CCR Section 12000) Chemicals Known to the State of California to Cause Cancer or Reproductive Toxicity

13. Sustainability Guidance

13.1 EPA Designated: Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials, and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit http://www.epa.gov/epawaste/conserve/tools/cpg/products for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request.

13.2 Safer Choice: The contractor shall provide Safer Choice labeled products under this contract, as applicable. The contractor is encouraged to visit http://www2.epa.gov/saferchoice/products for updated lists of qualifying products.

13.3 Bio-based: The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.

13.4 Energy Star: As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that earn the ENERGY STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete product specifications and updated lists of qualifying products.

13.5 Pollution Prevention and Right-to-Know Information (May 2011)

(a) Definitions. As used in this clause - “Toxic chemical” means a chemical or chemical category in listed in 40 CFR 372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

(6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order 13423 and of Executive Order 13514.

13.6 Estimate of Percentage of Recovered Material Content for EPA Designated Items (May 2008)

(a) Definitions. As used in this clause - “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.” “Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to ___________ [Contracting Officer complete in accordance with agency procedures].

13.7 Waste Reduction Program (May 2011)

(a) Definitions. As used in this clause - “Recycling” means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion. “Waste prevention” means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. “Waste reduction” means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract.

13.8 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

(a) Definitions. As used in this clause - “Driving”:

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

“Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009.

(c) The Contractor is encouraged to -

(1) Adopt and enforce policies that ban text messaging while driving -

(i) Company-owned or -rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as -

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

13.9 Compliance With Environmental Management Systems (May 2011)

(a) The Contractor's work under this contract shall conform with all operational controls identified in the applicable agency or facility Environmental Management Systems and provide monitoring and measurement information necessary for the Government to address environmental performance relative to the goals of the Environmental Management Systems.

14 Performance and Program Objectives

14.1 The Contractor shall be responsible for services described herein. The Government objectives are described in the “Performance of Work Requirements Summary” (Attachment A). The Contractor shall develop a “Performance Work Plan” that contains solutions to accomplish the same objectives as stated in the Performance of Work Requirements Summary, as they are applicable to the services required in the Schedule. The Contractor may use whatever method they choose to meet the objectives, as long as the end result satisfies the minimum acceptable levels (MAL) of performance as defined in the Performance Work Requirements Summary.

15. General Service Provisions

15.1 Unless otherwise approved by the COR or specified within the contract Performance Work Statement, all services shall be performed between 0745 and 1630 Monday through Friday.

15.2 The Contractor is responsible for the management and quality control actions to meet the requirements of the contract. The role of the Government is quality assurance, to ensure quality control standards are achieved.

16. Estimated Service Schedule/Frequency

16.1 Budgetary constraints may reduce the expected quantity and/or frequency, which can be increased or decreased at any time at the discretion of the COR.

16.2 The days of service shall be negotiated with the COR to determine scheduled service days prior to commencement of services. If unforeseen events cause a variation in the scheduled service, the Contractor shall notify the COR 24 hours in advance of the delay or cancelation. Failure to provide the service or variation from the agreed service schedule will require written explanation by the Contractor. If additional service(s) are required, the schedule shall be modified and approved by the COR.

16.3 If recreation areas are not open or require closing, the amount of services required for those areas will be reduced accordingly.

16.4 Payment will only be made for those services actually performed. Line items are exercise as an as-needed basis and determined by need to the U.S. Government by the COR.

16.5 The Contractor shall remove all damaged equipment and exhausted supplies from Government property immediately upon completion of the service.

Base Year – Contract Award through 30 November 2020.

Option Year 1 - 01 December 2020 to 30 November 2021.

Option Year 2 - 01 December 2021 to 30 November 2022.

Option Year 3 - 01 December 2022 to 30 November 2023.

Option Year 4 - 01 December 2023 to 30 November 2024.

17.2 The contract will consist of two fire hazard reduction services per contract year and start dates will be determined by the COR.

17.3 The first fire hazard reduction service shall start at the discretion of the COR within the Spring months and based on current weather and vegetation conditions. Performance of the first fire hazard reduction service shall not extend past a fifteen day period (Monday through Friday only). The second fire hazard reduction service shall start at the discretion of the COR at a later time when weather and vegetation conditions permit, and shall not extend past a second fifteen day period (Monday through Friday only). The second fire hazard reduction service may not be exercised at the discretion of the government, or when State CAL Fire guidance advises conditions are not safe for mechanical equipment operations. The Contractor will be contacted not later than 10 days prior to the beginning of service. Any fire hazard reduction services may be stopped at the discretion of the COR or if State CAL Fire guidance advises conditions are not safe for fire hazard reduction operations.

18. Standards of Employee Conduct

18.1 The Contractor and their employees shall be required to adhere to the following standards of dress and conduct while performing work. These regulations are enforceable as per the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 30 November 2014, the California State Health Code, and County Codes.

18.2 All Contractor personnel shall be identifiable by wearing a company uniform or clothing with the company name or logo conspicuously displayed on the clothing. The Contractor shall use personal protective equipment (PPE) as identified in EM 385-1-1, Safety and Health Requirements Manual. EM 385-1-1, Section 5 states, “The use of PPE is a control measure that is to be used only after a hazard evaluation identifies hazards associated with a particular job or activity, and it is determined that the hazards cannot be eliminated and/or controlled to an acceptable level through engineering design or administrative actions.” The use of proper PPE shall be determined at the pre-work conference following the Contractor’s submittal of an activity hazard analysis. All PPE shall be in compliance with the SDS for chemical(s) being used.

18.3 A clean, well-groomed appearance shall be maintained at all times while performing contract services.

18.4 The Contractor shall not be in possession of any weapons in the public use areas at any time.

18.5 The Contractor shall not take part in any selling or advertising activities.

18.6 The Contractor shall not perform any duties relative to any other contract duties while performing this contract.

18.7 Alcoholic beverages and/or illegal substances shall not be consumed or possessed prior to or while on duty, nor at any time while the Contractor is performing contract services. The Contractor shall not be under the influence of any substance that impairs his/her ability to safely perform contract services.

18.8 The Contractor and their employees shall not smoke in or around any Government-owned structures or facilities. Additionally, the Contractor shall not smoke while in contact with the public and/or Government personnel.

18.9 The use of any Government property without proper authorization will not be permitted.

18.10 The Contractor shall comply with all CFR Title 36 regulations while performing services under this contract. The Contractor and their employees shall cooperate fully with all Corps of Engineers Employees, local law enforcement and State agencies. The Contractor and their employees are not authorized to direct the work of other contractors.

19. Protection and Use of Government Facilities and Equipment

19.1 The work to be performed is within the boundaries of public areas. The Contractor’s attention is directed to the needs for extreme caution and care while driving and operating equipment. Safety requirements of EM-385-1-1 shall apply to all work. A copy of the Engineering Manual is available at the Park Headquarters for review or on-line at: https://www.publications.usace.army.mil/

19.2 The Contractor shall be responsible for restoring any Government facilities or property damaged as a result of the Contractor’s operations. Reasonable care shall be used to avoid damage to existing structures, equipment, facilities, and vegetation in the areas serviced. Any damage shall be repaired or replaced as directed by the COR, and at no cost to the Government. If the Contractor does not make such repairs or replacement, the cost thereof will be deducted from normal contract payments.

19.3 The Government will provide repairs, as needed, to Government property used by the public. However, if damages are found to be a result of the Contractor’s negligence or lack of reasonable care, the cost of repairs or the cost of replacement will be the responsibility of the Contractor. If the Contractor does not reimburse the Government for such repairs or replacement, the cost thereof will be deducted from normal contract payments.

20. Performance Evaluation Meeting

20.1 The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting with the Contractor, Contracting Officer (KO) and the Contracting Officer’s Representative (COR). A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, KO, and the COR will sign minutes of the meeting(s).

20.2 Should the Contractor not concur with the minutes, he/she will state in writing to the Contracting Officer within ten (10) calendar days any areas he does not concur and explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Officer will notify the Contractor of the decision in writing within ten (10) calendar days.

21. Remedial Actions

21.1 The COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

21.2 If the Government creates any discrepancies in contract services, these will not be counted against the Contractor’s performance.

21.3 When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue a CDR at the end of the period, or as soon as the limits of satisfactory performance is exceeded.

21.4 When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements Summary (Attachment A).

21.5 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate amount will be deducted from the periodic payment in accordance with the disincentive rate listed in the attached Performance of Work Requirements Summary (Attachment A).

21.6 A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice or Show Cause letter at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

22. Authorities/Technical Direction

22.1 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 will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor 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 Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will 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.

23. Payment and Invoices

USAED, Finance Center

Fax: 901-874-8731 Email: CEFC-Payments@usace.army.mil

23.1.2 A copy each of invoice WITH all necessary supporting documentation as required by this Performance Work Statement shall be mailed to the following individuals:

U.S. Army Corps of Engineers, Sacramento District CESPK-ODS-H, Hensley Lake Attn: Contracting Officer’s Representative P.O. Box 85 Raymond, CA 93653-0085

U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-CT-B (Healon Knight, Contract Specialist) 1325 J Street Sacramento, CA 95814-2922

24. Contract Payments

24.1 The Government shall pay the Contractor upon submission of proper invoices for the services delivered and accepted or for the portion of work actually performed under the contract. Payment shall be made as indicated in the contract’s Payment Schedule. Services as defined in the Payment Schedule of the contract must be accepted by the Government before payment will be made.

ATTACHMENT A

PERFORMANCE OF WORK REQUIREMENTS SUMMARY

1. The purpose of this exhibit is to:

0. List the contract requirements considered most critical to acceptable contract performance.

0. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.

0. Define the procedures the Government shall use in reducing the Contractor’s monthly payment if satisfactory performance is not rendered.

1. The Government’s quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically, (e.g. daily, weekly, monthly, quarterly, semi-annually, etc.).

1. The criteria for acceptable and/or unacceptable performance are as follows:

2. Contract requirements. The criteria for requirements are the level of performance deemed acceptable by the Government.

2. If the quality of work does not comply with the contract requirements, the COR will initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR).

2. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set forth in this contract.

2. If the level of performance is deemed unacceptable to the Government, concurrent with two unsatisfactory ratings, monthly payment will be reduced for unsatisfactory performance by the percentage as shown in the chart below:

(1) OBJECTIVE: Accident Prevention Plan

Remedy: The Contractor shall complete the requirements of the Accident Prevention Plan per specifications outlined in Section 5.2.1.

(2) OBJECTIVE: Pre-Work Meeting

Remedy: The Contractor…