20251029_PWS 23JUL25 KO Approved.pdf

PERFORMANCE WORK STATEMENT

TULE RIVER

Property Clearing Project

23 JULY 2025

1. INTRODUCTION

This Performance Work Statement describes the basic objectives of clearing encumbrances on select properties adjacent to Lake Success to ensure that the Tule River Spillway Enlargement Project can operate as designed once construction is complete. The performance-based service contract provides potential offerors the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the offeror’s understanding of all aspects of the effort to be performed by eliminating the “how to” instructions to accomplish the required effort normally contained in the Statement of Work that the Government traditionally provides to prospective offerors. Pricing for the Associated Work Elements shall be quoted per the Contract Line-Item Numbers (CLINs) in the base solicitation CLINs and optional CLINs in this contract.

2. GENERAL INFORMATION

Removal of encumbrances on these select parcels to account for a rise in water levels on Lake Success from the construction of the Tule River Spillway Enlargement project. Units and services to be in accordance with performance work statement, terms and conditions contained in this solicitation. The major work elements described herein include removal of old perimeter fencing, water trough, concrete blocks, irrigation piping, and removal/capping wells. Tasks include reporting and cleanup.

3. LOCATION AND ACCESS

The construction sites are around Lake Success in Porterville, CA on different parcels.

Rights of entry to all sites will be provided to the contractor by the Government. See Table 1, Site Locations.

Table 1

Site Locations APN Owner Removal Items Property Coordinates

284-341-028 Steven Old perimeter fencing 36.065000, -118.876000 284-460-022 Stone Old perimeter fencing 36.069790, -118.879770 284-460-023 Stone Old perimeter fencing 36.067980, -118.877850 284-460-025 Stone Old perimeter fencing 36.071000, -118.882000 284-251-017 Babcock* 3 Domestic wells 36.094220, -118.881013 284-440-006 Gill Cove* Well Abandonment (1) 36.106569, -118.912298 284-670-005 K. Silaso (Zone 2) * Well Abandonment (1) 36.097603, - 118.906967 284-670-019 Zone 2* Well Abandonment (1) 36.088958, -118.905489 284-251-011 Babcock Old perimeter fencing 36.095988, -118.886837 284-251-009 Babcock Old perimeter fencing 36.095801, -118.891114 284-251-008 Babcock Old perimeter fencing 36.095801, -118.891115 284-251-007 Babcock Old perimeter fencing 36.095801, -118.891116

Various USACE Scatter Refuse (scrap wood/metal, (Zone 1, Zone 2, Zone 4) * concrete, gravel, steel post, barbed wire, household trash)

(* Zone map attached for reference)

4. DESCRIPTION OF SERVICES

Provide all labor, supervision, materials, equipment, tools and supplies necessary to layout site features, remove old perimeter fencing, water trough, irrigation piping, steel/metal/wooden posts, tires, concrete blocks/culverts, and cap wells. Tasks include reporting and cleanup. Design, plan, coordinate, organize, manage, and perform the activities described herein. Contract period will consist of a base period of 9 months (274 days) from date of contract award.

5. PROJECT SCHEDULE

Develop a schedule and submit it to the Contracting Officer’s Representative for approval.

The schedule shall be submitted at the pre- work meeting or 15 calendar days from award of Contract, whichever occurs first. Provide schedule in Excel spreadsheet format. Project schedule shall be kept up to date and an updated schedule shall be submitted every month with the Contractor’s invoice. Project schedule submitted with invoices shall show status of items as ‘completed,’ ‘in progress,’ or ‘not started.’ Items in progress shall indicate percentage completion of that item.

The period of performance for this contract is 9 months (274 days). All work will be done during daylight hours and scheduled in coordination with the Government. At the completion of the period of performance, an annual report is required and should present all activities as defined within this PWS.

6. PROGRAM OBJECTIVES

a. The Contractor shall furnish all labor, materials, equipment, supplies, permits, transportation and is responsible for full management of the clearance services described herein. The Contractor must develop a “Performance Work Plan” that contains solutions to accomplish their objectives, as they are applicable to the services required in the Schedule. The Contractor may use whatever method he/she chooses to meet the objectives, as long as the method is viewed as safe and the end result satisfies the minimum acceptable levels (MAL) of performance as defined in Attachment A, Performance of Work Requirements Summary.

b. The work will be evaluated based on Attachment B – Quality Assurance

Surveillance Plan (QASP). The QASP includes indicators of success for each of the performance objectives.

c. The Contractor is responsible for the following tasks, but not limited to:

i. PREPARE PLANS: The Contractor must prepare and submit all pertinent plans. At a minimum, provide the following:

• Quality Control Plan (QCP): The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. List the project’s key design team members along with their functional discipline and state the risks inherent to the project. Include an inspection plan covering all services required by this contract; on-site records of all inspections; and methods for identifying and preventing deficiencies in the quality of service performed.

• Accident Prevention Plan (APP): to be prepared in accordance with Appendix A of EM 385- 1-1, US ARMY CORPS OF ENGINEERS

SAFETY AND HEALTH REQUIREMENTS

MANUAL. See paragraph 15. SAFETY REQUIREMENTS. Contractors are 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.

o Activity Hazard Analysis (AHA) Appendix to the APP. Develop an Activity Hazard Analysis (AHA) for every operation involving site activities presenting hazards. Format the AHA(s) in accordance with Figure 1-2 of EM 385-1-1. Submit subsequent AHAs as amendments to the APP. Identify the analysis and evaluate hazards and outline the proposed methods and techniques for the safe completion of each phase of work. At a minimum, in the AHA define the activity being performed, sequence of work, specific safety and health hazards anticipated, control measures (to include personal protective equipment) to eliminate or reduce each hazard to acceptable levels, equipment to be used, inspection requirements, training requirements for all involved, and the person in charge of that phase of work.

• Storm Water Pollution Prevention Plan (SWPPP): Provide a SWPPP for compliance with the State Water Resources Control Board (SWRCB) Construction General Stormwater Discharge Permit for areas of disturbance greater than one acre.

ii. OBTAIN PERMITS: File for and obtain all necessary permits to remove the listed encumbrances on select properties around Lake Success. Obtain the proper City/County/State permissions and permits for access from the staging area to road shoulders and street side edges. Comply with all County of Tulare codes and ordinances.

iii. PROVIDE SWPPP AND BMPS: Work under this Contract disturbs greater than one acre of land. Therefore, a SWPPP is required.

• Include, at each site, the following minimum best management practices (BMPs) during installation that it is required to be returned to a condition demonstrating no future erosion potential. Minimum BMPs include but are not limited to perimeter protection, stabilized project entrance/exit, stockpile management, project site sediment perimeter controls, waste management, good housekeeping, stockpile management, preservation of existing vegetation, stabilized project entrance/exits, tracking control and wind erosion (dust) control.

• Prevent dust from leaving the project site by providing dust control during dust generating project activities (including but not limited to work traffic on unpaved roadways and grading).

• Follow their manufacturer’s instructions and conform to BMP fact sheets outlined in the California Storm Water Quality Association (CASQA) BMP Handbook.

• Work under this Contract is anticipated to disturb greater than one acre of land. Obtain coverage under the California State Water Resources Control Board Construction Activities Storm Water General Permit.

The Contractor is the Legally Responsible Person (LRP) for storm water permits.

iv. INSPECTING/SAMPLING & REPORTING SWPPP COMPLIANCE:

Comply with all SWPPP requirements; including performing inspections, taking samples and reporting results until a Notice of Termination has been issued.

v. VERIFY SITE CONDITIONS: Before performing any work, verify site conditions and monitor for cultural resources.

• Verify Site Conditions: Before performing any work, verify site conditions. Identify existing features and underground obstructions and utilities, including notifying Underground Service Alert (U.S.A.) at 1- 800-642-2444 for all locations in this Contract. Read materials found on OSHA website http://www.dir.cago.

• Photograph Pre-existing Conditions: Photograph pre-existing conditions prior to start of all site work. Photograph all significant roads, bike trails, driveways, parks, golf course fairways, site features, and fences.

Document all potentially disturbed areas prior to disturbance or removal. This will help to verify pre-existing conditions and potential post work disputes.

vi. TRACTOR AND EQUIPMENT USE: Metal tracked equipment is permitted on site but is not permitted to traverse directly on paved roads, paved driveways, paved bike paths, paved sidewalks, and levees. Repair, smooth, seed and mulch all track, tire and equipment damage caused by the Contractor’s operations. Repair all damage to paving to its original condition. Portable internal combustion equipment (e.g., chippers, generators, compressors, etc.) shall be registered with the CARB (California Air Resources Board), in accordance with 13 CCR 2450- 2466, Portable Equipment and Engine Registration and 40 CFR 89, Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines.

Contractor shall provide the application and pay all applicable fees to the appropriate Air Quality Management District (AQMD) who oversees the project area.

vii. MONITOR FOR CULTURAL RESOURCES: Direct the setup of the fencing locations around known cultural resources. If two or more artifacts http://www.dir.cago/ are found within close proximity to each other the Contractor’s Archeologist must contact the Corps’ Archeologist to determine whether or not a cultural site exists at that location. Prepare a daily monitoring log that includes a summary of each day’s activities to include description and photographs of new finds, if any, and coordination efforts. At end of field work submit to the Corps a field summary report of monitoring activities and daily logs.

Archeological, historic, and architectural work will be carried out by, or under the supervision of a person or person’s meeting qualifications set forth in the Secretary of the Interior’s Professional Qualification Standards (36 CFR Part 61). Submit a copy of the field summary report and monitoring logs to the Contracting Officer’s Representative.

viii. LAYOUT CONSTRUCTION SITE: Identify, mark, and establish site boundary lines, interior maintenance roads, and infrastructure locations.

Locate and stake work sign locations, safety fence locations, staging area locations, and cultural sites. Thoroughly clean all adjacent public pavements of impacts upon completion of work.

• Limits of Work: Identify and stake property boundary lines. Place metal tee posts in the ground at all corner and alignment change locations. Mark on the ground, showing the extents of where all infrastructures will be located. Include access and maintenance roads, electrical hookups and routing, signage, fence and gate locations, staging area locations, sensitive resources/habitat, sensitive cultural areas, temporary construction limits and locations to all other tasks included in project. Prior to starting work at all sites, obtain approval from the Government. Limit all vehicle traffic to staging areas, access, and maintenance roads. Do not drive off of designated project site.

• Maintenance Road: Survey, locate and stake the location and alignment of the access and maintenance roads.

ix. SETUP CONSTRUCTION SITE: Set up infrastructure including staging area, roads, signs, fences, BMPs, etc.

• Setup Staging Areas: Include staging areas that contain all appropriate temporary facilities needed to construct and maintain the project. Include as necessary securable storage bins, temporary fencing, shade structures, drinking water, and sanitation stations. The Contractor is responsible for the security of all stored material and facilities.

• Protect Existing Native Vegetation: As much as possible, do not disturb existing native vegetation.

x. PROVIDE ACCESS AND MAINTENANCE ROADS: Provide access and maintenance roads as necessary.

• Grading Access and Maintenance Roads: Grade access and maintenance roads so that proper drainage occurs, does not pond water, does not create erosion, and allows for the safe operation of vehicles. Road material may be from native/local soil. Remove rocks and obstructions that will impede a two-wheel drive vehicle. Blade the ground surface, and grade where necessary to ensure the road is smooth and transitions easily between grades. Grade and blade so that concentrated water flows do not occur. When completed, road must be able to be negotiated by a two-wheel drive vehicle without getting stuck or being at risk of starting a fire.

• Tracking Pad, Silt Fencing, and Street Sweeping: Where access roads adjoin paved roads, place tracking pads that consist of 3 inches of aggregate base for 100 feet length in the direction of drive and for the entire width of the road. All access roads shall be lined on the lower sloped side with silt fence for its entire length. Street sweep the adjacent paved road when soil is tracked onto it.

• Provide Internal Maintenance Roads: Provide maintenance roads within each site to facilitate land clearance during the work period.

Maintenance roads herein are roads to traverse within the sites for the purpose of gaining access to various areas within the sites. Only interior roads serving along the site’s perimeters shall be left to serve as a permanent firebreak. Do not decompact the permanent firebreaks.

• Maintain Access and Maintenance Roads: Maintain Road free of vegetative growth through the life of the contract. Repair erosion that occurs and maintain the road, so it is safely passable. Remove vegetative growth so that it does not become a fire hazard. Water roads to control dust as needed to meet air quality/pollution standards. All maintenance roads will be decompacted at the end of the contract, except those that are located along the perimeter of the sites because they serve as a permanent fire break.

• Site Locations and Access: See location description in section 4, Location and

Access.

xi. INSTALL SIGNS: Provide signs at the construction sites.

• Project Work Sign: Provide project work signs at the entrances of the sites. The sign must be professionally designed and presented, using agency logos commonly used by the representative agencies. The signs must identify the project name and the cooperating agency names, Contractor name, Contractor contact information, State wage rates, EEO and project health information, and safety requirements. Present signs as per Drawing Sheet notes. Include the names of the following agencies:

o U.S. Army Corps of Engineers o Tule River Recreation and Irrigation District

xii. FIREBREAK CONTROLS: Disk, blade, and/or mow all maintenance and firebreaks to keep them safe from harboring fire hazard material. Do this as often as necessary to maintain the firebreaks in a fire-safe condition. At no time on access and maintenance roads shall vegetative growth be high enough to reach the under carriage of 2-wheel drive vehicles.

xiii. PREPARE MONTHLY ACTIVITY RECORDS: Prepare and maintain records documenting work activity. Records include monthly activity records of work performed during each month of the contract and as-built drawings kept current of all installation work.

• As-built Drawings: Prepare as-built drawings of project site features.

Keep as-builts current and available to the Government upon request and submit updated copies with each annual report. Provide hard copies and electronic files of the original site drawings upon request.

Accurately and neatly record all information that is uncovered during the course of construction by means of drawings, sketches, details, and notes. Mark-up and correct using red ink changes.

• Monthly Activity Records: Prepare monthly activity records, one for each month of the Contract. Submit the monthly activity record with each invoice, specifically addressing specific tasks billed for. The monthly record must address the content as indicated in the table below and are to be direct and concise. Each monthly activity record must not be longer than one page on 8-1/2”x11” format. This record is to briefly document what tasks were performed and when they occurred, and to capture any pertinent facts associated with it. If more dialog and documentation is necessary, it must be addressed in the annual reports and discussed with the Contracting Officer. Each activity record must address the following areas as defined in Table 2 Monthly Activity Record.

Table 2 Monthly Activity Record (structure & contents)

No. Topic Content 1 Well Removal and Reseeding Discuss well removal reseeding progress, if pertinent.

Identify status, obstacles and conflicts encountered.

2 Site & Feature Integrity

Discuss the integrity of access roads, firebreaks, signs and fencing (if required). Discuss if maintenance was performed.

State if any vandalism occurred and the nature of it.

Note if there are noticeable signs that trespassing occurred.

3 Grass & Erosion Control

State the general condition of the grass and if there were any problems with erosion. State when BMPs were removed (when appropriate)

4 Fence Removal Discuss fence removal and progress, if pertinent.

Identify status, obstacles and conflicts encountered.

6 Well Removal Discuss well removal and progress, if pertinent.

Identify status, obstacles and conflicts encountered.

State which contractual demolition event that took place. State what percent of the event was performed and completed.

7 Scattered Refuse CleanUp

Discuss scattered refuse cleanup and progress, if pertinent. Identify status, obstacles and conflicts encountered. State which contractual demolition event that took place. State what percent of the event was performed and completed.

8 Survey and Annual Report

State if and when a survey was performed and if an annual report was prepared.

9 General Observations

Discuss any formal inspections that occurred.

Discuss any notables not covered in the above.

xiv. PREPARE AN ANNUAL REPORT: Prepare an annual report at the end of the period of performance of the contract. The annual report will generally be prepared during last month of period of performance for the previous total months of activities.

• Submission Format: Submit as drafts and receive the Government’s direction and approval prior to printing and submitting the final reports. Submit both drafts and final report in an electronic MS Word and PDF version.

• Structure: Each report must include the following information and be presented as per the format, structure and contents as outlined in Table 3 Annual Report:

Table 3 Monthly/Annual Activity Report (format, structure & contents)

Section Contents No. of Pages

Title Page Name of project, date of report, name of report, Contract Number, Preparer

1 page

TOC Table of Contents: titles of sections and appendices 1 page Section 1 Project Background & Objectives: location, project description, project components, etc.

1-2 pages

Section 2 Review of Work Required and Performed: i.e., well abandonment, fence removal, refuse removal, hauling, and site clearing.

1-3 pages

Section 3 Conclusions: impacts, significant dates, discussion of recommendations

1-2 pages

Section 4 Photo Documentation: showing photos representative of plant and site conditions

1-6 pages

Section 5 Appendices: As required A. Project Site Map As required B. Monthly Activity Records, As required

xv. CLEANUP: Continuously during the Contract Period, keep the project site clean, organized, and secure from impacts. Neatly store all materials and equipment. Remove trash and debris as encountered. Discard all removed material and trash and dispose of at a State-acceptable disposal facility.

7. CONTRACT OBJECTIVES

a. To use an innovative and creative technical approach to removing encumbrances from properties to allow for an increase in water level at Lake Success.

b. To have the Contractor propose a business solution using performance based contracting techniques with incentives and disincentives designed to reward superior performance.

c. Specifically, the Contractor must establish a performance plan focused only on the terms of the contract resulting in a neat and professional appearance overall.

The plan will include a performance work schedule, list of materials the contractor plans to use, labor and a quality control plan to monitor the contractor’s performance in meeting the goals.

d. The minimum life of the contract is one base period. The maximum life of the contract must not exceed 9 months (274 days).

8. STANDARDS OF EMPLOYEE CONDUCT

Contractor and Contractor’s personnel are required to adhere to the following standards of dress and conduct while performing work at the project sites. These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 3 November 2003.

a. Be properly equipped at all times with personal protective and safety equipment.

Hard hats and steel-toed shoes are required in accordance with OSHA requirements. Contractor employees must maintain personal hygiene.

b. Contractor employees must not engage in loud or boisterous behavior or use abusive language.

c. Shall not use intoxicating beverages and/or drugs at the work site. Smoking is allowed only in designated areas.

9. USE OF SITE FACILITIES

a. The Government is not responsible for any loss, damage, or theft at the project location. Contractor is responsible for acceptable standards of housekeeping and custodial maintenance used by Contractor’s employees.

b. The Government will not furnish a storage building at the site for use by the Contractor to store supplies and equipment. The contractor will be able to establish facilities to include, but not limited to, covered storage, etc., on or in the designated area after such facilities are approved by the COR. The Contractor must provide all utilities to this area. The Contractor must be responsible for maintaining fire extinguishers and other safety equipment.

c. The Contractor is responsible for safely storing any chemicals, pesticides, herbicides, cleaning solutions, etc., in accordance with manufacturers recommendations. An MSDS (Material Safety Data Sheet) is required for all chemicals, pesticides, herbicides, materials and cleaning solutions required for property clearing activities.

d. Electricity and phone service will NOT be furnished by the Government for the Contractor’s work area.

10. INSPECTIONS

a. The Contractor must perform daily inspections. During these inspections the appearance of the site will be observed, and any deficiencies or unauthorized chemical storage noted within the scope of the contract will be corrected as soon as practicable. Items that need correcting outside the scope of the contract will be reported to the COR.

b. The Contractor is required to submit inspection reports and work accomplished to the COR monthly in the Monthly Activity Records. The COR is located at the US Army Corps of Engineers, Sacramento District. The inspection forms are as defined in Table 4 Monthly/Annual Activity Report.

11. SUPERVISION AND TRAINING

a. The Contractor must provide a supervisor who speaks fluent English on site at all times.

b. The Contractor is responsible for maintaining satisfactory standards of personnel conduct and work performance and must administer disciplinary action as required.

The Contractor shall remove employees for cause, to include, but not limited to, misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government.

c. The Contractor is responsible for training and safety precautions for Contractor employees performing work under these specifications. OSHA standards must be observed by the Contractor in all work performed. Appropriate safety equipment must be furnished by the Contractor-to-Contractor personnel and must be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to:

i. National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire

Extinguishers.

ii. Occupational Safety and Health Administration (OSHA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

iii. Site Access: Maintain free and unobstructed access to facility emergency services and for fire, police, and other emergency response forces in accordance with NFPA 241.

12. SAFETY REQUIREMENTS

Comply with and follow all safety regulations of the most current edition of USACE EM 385‐1‐1, and all applicable federal, state, and local laws, ordinances, criteria, rules and regulations, including but not limited to 29 CFR Parts 1910 and 1926.

Provide appropriate signs designated by Fire, Safety & Security and place them as indicated in work areas. Within one calendar day after commencement of work, erect a safety bulletin board at the job site, unless size, duration, or logistics of the work do not facilitate a bulletin board, in which case provide an alternative to a bulletin board, acceptable to the COR, that is accessible and includes all mandatory information for employee and visitor review.

Provide and maintain information on the safety bulletin board or, if an alternative is utilized, on the alternative, as required by EM 385‐1‐1 section 01.A.06.

Keep the work areas closed off to unauthorized personnel and perform all project associated activities without damaging or contaminating adjacent work and areas. Where such work or areas are damaged or contaminated, restore work areas to their original condition at no cost to the Government, including revegetating all cleared areas using appropriate native species based on the location and site conditions.

Report all accidents to the Safety Office through the Technical POC/COR, within the same shift during which the accident(s) occur, as soon after the accident as is practical. Fill out an Occupational Safety and Health Administration (OSHA) Form 300 in relation to any accident and submit ENG 3394 to the Safety Office within 5 days after an accident. Stop work in the event of serious injury or damage, leaving everything in place exactly as it was at the time of the accident, except when there is the possibility that more damage or injury will occur if things are left in place.

Designate and provide a competent person as the Site Safety and Health Officer (SSHO) and ensure that the SSHO or a competent qualified Designated Alternate SSHO is always at the work site during tree removal/chipping operations, except as specified herein, where required to enforce and implement the Contractor's Safety and Health Program in accordance with the Government‐accepted Accident Prevention Plan. The SSHO's training, experience, and qualifications must be in accordance with IAW EM 385‐1‐1 paragraph 01.A.17. When low risk service-related work is being performed, no SSHO is required for routine, repetitive work, such as, planting, watering, weeding, mowing, cleanup, plant surveying, reporting, etc.

Ensure, via the SSHO, the requirements of EM 385‐1‐1 section 1 and 29 CFR 1926.16 are met for the Project. The SSHOs has full‐time responsibility when required to be onsite. It is acknowledged that USACE will hold the Contractor accountable for its safety and health performance. Provide a full-time work quality control (CQC) manager per existing specifications.

Provide a competent person for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan and be on‐site at all times when the work that presents the hazards associated with their professional expertise is being performed. Provide credentials of the Competent Persons(s) to the Contracting Officer/Administrative Contracting Officer for acceptance in consultation with the Safety Office prior to start of the project.

The design should have identified materials such as PCB, lead paint, asbestos and other OSHA regulated chemicals (i.e. 29 CFR Part 1910.1000). If any material, not indicated, that may be hazardous to human health upon disturbance during work operations is encountered, stop that portion of work and notify the COR immediately.

Positively identified by a third party, independent, private utility locating company all underground utilities in the work area in addition to any station locating service and coordinate with the station utility department.

Use a qualified person to prepare the written site‐specific Accident Prevention Plan (APP).

Prepare the APP in accordance with the format and requirements of USACE EM 385‐1‐1.

Cover all paragraph and subparagraph elements IAW USACE EM 385‐1‐1, Appendix A, “Minimum Basic Outline for Accident Prevention Plan” in the APP. The Activity Hazard Analysis (AHA) format must be in accordance with USACE EM 385‐1‐1, Section 1. Use the AHA during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls.

13. SECURITY REQUIREMENTS

a. 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 COR. 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 COR. 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.

b. 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 COR, 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.

c. Suspicious Activity Reporting training (e.g., iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

d. Pre-screen candidates using E-Verify Program: Contractors shall comply with the 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 individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the COR to become part of the official contract file.

17. PAYMENT AND INVOICES

Invoices must be submitted no more often than monthly. Each line item on an invoice must give a detailed description of the contract line-item number (CLIN). Upon receipt, the COR will certify that the requested earnings are appropriate before payment will be made.

Invoices must include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number W91238-XX-X-XXXX, see Blank 2 of the Standard Form 1449. The final invoice must be marked “FINAL.” Copies of all invoices must be provided to the following:

• A “draft invoice must be emailed to the COR prior to the original invoice is sent to Millington. This representative will inspect completed work as stated on the invoice and then submit to the Contractor a confirmation notice or temporary denial of payment until work is completed. Once approved, the Contracting Officer’s Representative will send the approved invoice to the payment center in Millington, Tennessee.

• Electronic copy of each invoice with all required information including any necessary supporting documentation:

U.S. Army Corps of Engineers Attn: COR Electronic copy only

Send to COR as identified in the appointment letter.

Each invoice must be provided with a date, a unique invoice number, contract number, http://www.e-verify.gov/) http://www.e-verify.gov/) company name, USACE Project Name, as well as CLIN number, task description and amount being billed against. It also must include a billing summary history of all preceding invoices billed.

18. KEY PERSONNEL

Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this Contract. Such personnel are defined as “Key Personnel” and are those persons whose resumes were submitted for evaluation as part of the proposal. Do not remove or replace such personnel without compliance with the following:

(a) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this Contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, promptly replace personnel with personnel of equal ability and qualifications, subject to the concurrence of the Contracting Officer.

(b) Provide in writing a detailed explanation of the circumstances necessitating the proposed substitutions for requests for approval of substitutions. Provide a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer will promptly notify the Contractor of approval or disapproval in writing.

(c) The Contract Manager, Supervisor and Jobsite Foreperson must be fluent in the English language.

Table 4 Key Personnel outlines the personnel’s qualifications and responsibilities required by the Government:

Table 4

Key Personnel Key Personnel Qualifications/Experience Responsibility

Supervisor/CQC Systems Manager

3 years experience as CQC Manager, ensuring that the work, to include that of subcontractors and suppliers, complies with the requirements of the Contract.

Supervisor responsible for oversight in carrying out the Contract requirements. The CQC manager must ensure quality control of all project requirements and reporting in a timely manner.

Jobsite Foreman 3 years experience as a Jobsite Foreman performing this type of work.

Responsible for leading field crews and carrying out the Supervisor’s orders and for ensuring crews adhere to all best management practices in place to protect the environment.

19. AUTHORITIES/TECHNICAL DIRECTION

The Contractor must 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 acts upon those changes. The Contractor must 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’s Representatives 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 designating the COR specific to this contract only.

20. ATTACHMENTS FOLLOW:

ATTACHMENT A

PERFORMANCE OF WORK REQUIREMENTS SUMMARY

1. The purpose of this attachment is to:

a. List the contract requirements considered most critical for acceptable contract performance.

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

c. Define the procedure the Government may use in directing the Contractor’s re-performance if satisfactory performance is not rendered.

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

3. The criteria for acceptable and unacceptable performance are as follows:

a. Contract requirements. The criteria for requirements are the level of performance deemed acceptable to the Government, “Acceptable Quality Level (AQL)”.

b. If the quality of work does not comply with the contract requirements, the

COR will initiate, and the Contractor must be required to complete, a Contract Discrepancy Report (CDR).

c. 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. The Contractor will not be paid for services not rendered in accordance with the standards set forth in this contract.

d. 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:

Attachment A

PERFORMANCE OF WORK REQUIREMENTS SUMMARY

Performance

Standard Acceptable

Quality Level

(AQL)

Method and Frequency of

Inspection

Incentive & Remedy

(1) OBJECTIVE: Comply with Environmental and Safety Regulations Submit all plans, 100% required at the AQL Verification and approval by the COR upon completion of plans

Remedy: The contractor must develop a plan for recovery within 5 days of discovery. Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

Obtain all necessary permits

100% required at the AQL

Verification and approval by the COR upon completion of plans

Remedy: The contractor must develop a plan for recovery within 5 days of discovery. Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

(2) OBJECTIVE: Fence Removal Remove fencing encroaching on

USACE

property.

100% required at the QAL

Verification and approval by the COR upon completion

Remedy: The contractor must develop a plan and implement the removal of ~7,000 linear feet of perimeter fencing encroaching on USACE property. Reperformance, at no additional cost to the Government until satisfactory.

(3) OBJECTIVE: Inform the Public Provide and maintain project work signs

100% required at the QAL

Review by COR Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

(4) OBJECTIVE: Improve Site Access and Fire Control Provide and maintain access and maintenance roads

100% required at the AQL

Monthly field inspections by COR

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

Provide and maintain firebreaks

100% required at the AQL

Monthly field inspections by COR

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

(5) OBJECTIVE: Removal of Scattered Refuse Removal of scattered refuse on various parcels.

100% required at the AQL

Verification and approval by the COR upon completion

Remedy: The contractor must develop a plan for removal of scattered refuse and site cleanup.

Reperformance, at no additional cost to the Government until satisfactory.

(6) OBJECTIVE: Well Abandonment Removal of wells encroaching on

USACE

property.

100% required at the AQL

Verification and approval by the COR upon completion

Remedy: The contractor must develop a plan for removal of wells to include demoing pump and slab and removing casing and fill well. Reperformance, at no additional cost to the Government until satisfactory.

(7) OBJECTIVE: Document Site and Construction Performance Prepare As-builts 100% current as built On-going review by

COR

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

Prepare Monthly Activity Report

100% required at the AQL

Monthly review of submittal by COR

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

Prepare Annual Activity Report

100% reports submitted at the end of each year

Yearly review of submittal by COR

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

(8) OBJECTIVE: Manage and Keep a Presentable Site Remove trash from site through duration of the EP

100% required at the AQL

Periodic field inspection by COR during repair and/or removal

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, Maintain, repair, and remove geotextile fabric and browse guards through duration of the project

100% required at the AQL

Periodic field inspection by COR during repair and/or removal

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

Maintain Maintenance Roads through the duration of the IP and EP.

100% required at the AQL

Periodic field inspection by COR during repair and/or removal

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government, and review until performance is satisfactory.

Maintain and remove BMPs when site is stable

100% required at the AQL

Periodic field inspection by COR during repair and/or removal

Remedy: Develop a plan for recovery and submit required plans within 5 working days of discovery.

Continuous reperformance, at no additional cost to the Government,