W9128F21Q00329 Papio Creek Mowing.pdf

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Grounds Maintenance Services - Papillion Creek Project Sites, Nebraska
Solicitation number
W9128F21Q0039
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SEE ADDENDUM

(No Collect Calls)

W9128F21Q0039 01-Mar-2021

b. TELEPHONE NUMBER

402-995-2086

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Apr 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CLINTON E RUSSELL

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966574 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE MISSOURI RIVER PROJECT OFFICE

THOMAS E ALDMEYER

USAED, OMAHACENWO-OD-MR

9901 PERSHING DRIVE

OMAHA NE 68112-1547

TEL: 402-996-3757 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF59

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

GROUNDS MAINTENANCE SERVICES

Papillion Creek Dam and Levee Projects

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personnel services contract to provide grounds maintenance for three Papillion Creek project sites. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 DESCRIPTION OF SERVICES. The contractor shall provide all necessary supervision, labor, materials, tools and equipment to perform mowing, trimming, and vegetation control in three Corps of Engineers managed Papillion Creek project sites. The Contractor shall submit a Work Plan, Accident Prevention Plan and Quality Control Plan no later than 10 days after award and ensure that the completed service will meet the requirements of this contract. All services shall be completed during the defined mowing periods unless otherwise specified or as authorized in advance by the Contracting Officer’s Representative (COR).

1.2 BACKGROUND. Every year ground maintenance services are needed to maintain project lands.

1.3 OBJECTIVES. Contractor shall provide for safe, careful, and efficient operations of all equipment and protection of Government property under the direction of the Government Representative identified in the contract. Maintain satisfactory ground maintenance of project lands.

1.4 SCOPE. The services shall consist of furnishing all equipment, material, supplies, and labor required to satisfactorily perform 1) the mowing and trimming of the mowing area at Papillion Creek Site 20 (Wehrspann Lake); 2) the mowing of the outlet channel area at Papillion Creek Site 20 (Wehrspann Lake); 3) the vegetation control of the vegetation control areas at Papillion Creek Site 20 (Wehrspann Lake); 4) the mowing and trimming of the mowing area at William Brothers Levee; 5) the vegetation control of the vegetation control area at William Brothers Levee; 6) the mowing and trimming of the mowing area at Flower Hill Levee; and 7) the vegetation control of the vegetation control area at Flower Hill Levee, consisting of a sum of approximately 40.75 acres, as specified and as directed by the Government Representative. Section 5 contains more specific job tasks for this contract.

1.5 PERIOD OF PERFORMANCE.

Base: 01 May 2021 to 31 October 2021 Option 1: 01 May 2022 to 31 October 2022 Option 2: 01 May 2023 to 31 October 2023 Option 3: 01 May 2024 to 31 October 2024 Option 4: 01 May 2025 to 31 October 2025

1.6 GENERAL INFORMATION.

1.6.1 QUALITY CONTROL. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall submit a Quality Control Plan no later than 10 days after award.

1.6.2 QUALITY ASSURANCE. The government shall evaluate the contractor’s performance under this contract, IAW Part 7 of this Performance Work Statement. This program is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The COR shall be allowed at any time or place the contractor is on government property, to observe and photograph all work activities conducted through the duration of the PWS. If the contractor is found to be operating in an unsafe and delinquent manner, the contract will be terminated and the contractor shall be held liable for any damages and pay for the completion of the contract by a different source. The COR may inspect the work and equipment as contract progresses. The contractor shall not be paid for any work performed that is deemed defective to the COR. Any defective service(s) noted by the COR shall be corrected at no additional cost to the Government. The contractor shall be responsible to perform only the work specified within the PWS, and shall receive no compensation for work performed that is not specified within the PWS. No government personnel will be allowed to assist the contractor in actual ground maintenance operations or supervisions of the contractor’s personnel.

1.6.3 RECOGNIZED HOLIDAYS. The Government recognizes

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

1.6.4 HOURS OF OPERATION. The contractor is responsible for conducting business, between the hours of 6:00AM and 8:00PM, Monday through Friday - except - when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 PLACE OF PERFORMANCE. The work to be performed under this contract shall be performed at Wehrspann Lake Dam in Sarpy County, Flower Hill Levee in Douglas County, and William Brothers Levee in Douglas County. Wehrspann Lake Dam is located south of Giles Road in between 144th and 156th Street in Omaha, NE. The Flower Hill Levee Project is located on the west side of Standing Bear Lake just north of Fort Street on 144th Street in Omaha, NE. The William Brothers levee is located on the north side of Cunningham Lake just east of 96th Street on Bennington Road.

1.6.6 TYPE OF CONTRACT. The government will award a Firm Fixed Price Contract. An award shall be made to the successful contractor based on “Best Value” rather than low price.

The proposals will be evaluated based on the factors stated in Federal Acquisition Regulation

(FAR) Clause 52.212-2 Evaluation – Commercial Items of this Request for Quote (RFQ/SF 1449).

1.6.7 SECURITY REQUIREMENTS. All Contractor and all associated sub-contractors’ employees shall comply with the application installation, facility and area commander installation/facility access and local security policies and procedures (provide by the government representative). The contractor shall also provide all information required for background checks or background investigation and 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 the personal identity verification requirements 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.

1.6.7.1 E-VERIFY PROGRAM. The Contractor must pre-screen Candidates using the E-verify Program (http://www.escis.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 correct information is entered in the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 10 business days after the initial contract award.

1.6.7.2 PHYSICAL SECURITY. The contractor shall be responsible for safeguarding all government equipment, information, and property for contractor use. At the close of each work period, government facilities equipment, and materials shall be secured.

1.6.7.3 KEY CONTROL. The contractor shall establish and implement methods of making sure all key/key cards issued to the Contractor by the Government are not lost or misplaced or used by unauthorized persons. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by the Contractor employees to the permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control and shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the COR, re- key or replace affected lock or locks; however the Government, at its option, may replace affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or replacement of lock or locks shall be deducted from the monthly payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due to the Contractor.

1.6.8 SPECIAL QUALIFICATIONS. Contractor shall furnish a minimum of two (2) individuals to perform the grounds maintenance as specified in the PWS. The Contractor is responsible for ensuring 1) all personnel are a minimum of sixteen (16) years of age, 2) all personnel involved with the operation of vehicles on public roadways possess and maintain a valid United States issued operator license during the period(s) of performance of this contract 3) all vehicles and equipment operated on public roadways are legally registered, licensed, and insured to do so, and meet all State and local laws and 4) all personnel are trained and have working knowledge of the specific vehicles/equipment they will operate and tasks they are directed to perform.

1.6.9 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS. The

Contractor shall meet with the COR prior to commencement of work to discuss performance requirements and administration of the contract. The Contractor at this meeting shall submit for approval the following: Work Plan, Quality Control Plan, Accident Prevention Plan, list of eligible E-verified candidates and certificates of insurance. The Work Plan shall include a list of materials, equipment, and supplies for approval. Personnel requirements and a detailed work schedule with approximate time of performance at each facility shall also be included in the work plan. Once approved, this plan shall not be changed without the approval of the COR. The Contractor shall visit all work areas with the COR or Government POC prior to commencement of work. This will provide an opportunity to discuss specific work areas and quality of performance issues. The COR may meet periodically with the Contractor to review the Contractor’s performance. At these meetings the COR will apprise the contractor of how the government views the contractor’s performance and contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.9.1 SITE VISIT. It is highly recommended to make an on-site visit to the projects locations to inspect the facilities and area prior to submitting a quote. These lakes are public use areas and the majority of this use is during the months of May through September.

1.6.10 CONTRACTING OFFICER’S REPRESENTATIVE (COR). The COR monitors all technical aspects of the agreement and assists in agreement administration. The COR is authorized to perform the following functions: assure the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract;

maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including specifications; monitor contractor’s performance and notifies both the Contracting Officer and contractor of any deficiencies; coordinates availability of government furnished property; and provides site entry of contractor personnel (if required). The COR is not authorized to change any of the terms or conditions of the resulting order. The following are the government POC’s for this contract:

Tommy Aldmeyer – COR Phone: (402) 996-3757 Email: Thomas.E.Aldmeyer@usace.army.mil

Missouri River Project Office Address

9901 John J. Pershing Dr., Omaha, NE 68112

1.6.11 KEY PERSONNEL. The following personnel are considered key personnel by the government: Contractor, contract manager, and contract manager alternate. The Contractor shall provide a contract manager who shall be responsible for performance of work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall by designated in writing to the COR and provided in the Work Plan. The contract manager and alternate shall have full authority to act for the Contractor on all contract related matters related to the daily operation of this contract. The Contractor, contract manager, and alternate contract manager shall be available between 7:30am and 4:00pm CST, Monday through Friday, except Federal holidays or when the government facility is closed for administrative reason.

1.6.12 IDENTIFICATION OF CONTRACTOR EMPLOYEES. All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.6.13 CONTRACTOR TRAVEL. The Contractor will be required to travel to and from their place of business/residences to the dam sites to the complete the requirements of this PWS. All costs associated with this travel shall be included in the contract price.

1.6.14 OTHER DIRECT COSTS. N/A

1.6.15 DATA RIGHTS. N/A.

1.6.16 ORGANIZATIONAL CONFLICT OF INTEREST. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD. N/A

1.7 SITE SAFETY AND HEALTH.

1.7.1 Emphasis shall be placed on safety on all phases of operations by the Contractor.

1.7.2 The Contractor shall adhere to EM 385-1-1 Safety and Health Requirements Manual, available at the Project Office. The Contractor shall develop a Accident Prevention Plan (APP) and receive an approval from the COR prior to commencement of work.

1.7.3 The Contractor shall provide and have available at all times a fully stocked first-aid kit in each vehicle used in this contract and instruct employees in its use.

1.7.4 The Contractor shall meet with all employees prior to commencement of this contract to fully discuss the contract safety program.

1.7.5 A fire extinguisher shall be in any contractor vehicle and/or equipment at all times while performing tasks outlined in the contract.

1.8 UNSATISFACTORY PERFORMANCE.

1.8.1 All services performed under this contract shall be performed in a strictly first-class manner.

1.8.2 If any service is not performed in compliance with the terms of this contract and to the satisfaction of the COR, the Contractor shall perform the services again within 48 hours of notification by the COR. This shall be done at no additional cost to the Government. In the event the Contractor fails to correct the deficiencies within a 48 hour period or if the Contractor cannot be contacted, the Government has the right to have the services performed by other forces at the Contractor's expense.

1.8.3 It is the responsibility of the Contractor to ensure that all contract services are performed in accordance with these specifications.

1.8.4 The Contractor shall be notified by the COR of deficiencies in service.

1.8.5 Upon receipt of notification of deficiency in service, the Contractor will immediately correct the deficiency and /or take steps to prevent recurrence of the deficiency.

1.10 WEAPONS. The Contractor shall have no weapons on his/her possession in the contract area.

1.11 ALCOHOL. The Contractor shall not be under the influence of alcohol while performing contract activities.

1.12 PAYMENT PROCEDURES. Payment will be made upon submittal of invoice in accordance with FAR 52.212-4 – Contract Terms and Conditions – Commercial items and will be for services completed in accordance with the Firm Fixed Unit Price agreed upon for each site and included with the contract.

PART 2

DEFINITIONS &

ACRONY

MS

2. DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS.

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

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

2.1.3 CONTRACTING OFFICER REPRESENTATIVE. An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the PWS.

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

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

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

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime Contractor.

The Government does not have privity of contract with the subcontractor.

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

2.2 ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement APP Accident Prevention Plan AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DA Department of the Army DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY,

EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 SERVICES. The Government shall furnish Quality Assurance (QA).

3.2 FACILITIES. Not Applicable

3.3 UTILITIES. Not Applicable

3.4 EQUIPMENT. Not Applicable

3.5 MATERIALS. The government will furnish 1) aerial maps of all areas requiring grounds maintenance services within this contract; 2) A copy of EM 385-1-1 Safety and Health Requirements Manual, if requested.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 GENERAL. The Contractor shall furnish all supplies, products, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 SECRET FACILITY CLEARANCE. Not applicable.

4.3 MATERIALS/EQUIPMENT. The Contractor shall furnish all necessary materials, such as but not limited to insurance, licenses, work plan, accident prevention plan, quality control plan, reporting requirements, invoices, list of e-verified candidates, etc. to complete the requirements of this PWS.

4.4 WORK PLAN. The Contractor shall submit a detailed work plan no later than 10 days after award which includes a list of all materials, equipment, and supplies for approval by the Government Representative. The name and contact information for manager who acts for the Contractor and who is responsible for the performance of work and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing and provided in the work plan. Personnel requirements and an approximate time of performance at each site location shall also be included in the work plan. Once approved, the work plan shall not be changed without the approval of the COR.

4.5 GENERAL LIABILITY INSURANCE. The Contractor shall hold general liability insurance in the amounts specified in the clause of this contract and submit proof of such as stated in Paragraph 1.6.9 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS of this PWS before work can comment/continue. The insurance policy shall be valid for the duration of the period(s) of performance and updated annually.

4.6 RULES AND REGULATIONS. The Contractor shall abide by all USACE regulations as listed in CFR, Title

36. Exceptions to these regulations may be made at the discretion of the Government Representative.

4.7 EMPLOYEE SAFETY.

4.7.1 GENERAL SAFETY. The Contractor shall be responsible for the safety of their employee(s), and for any injury or damage done by said personnel and shall protect the government from any claims. All personnel are required to wear manufacturer’s recommended personal protection equipment during all work activities conducted in completion of this PWS. The contractor’s equipment shall meet or exceed all current federal, state, and local safety requirements. The Contractor is responsible complying with all applicable safety requirements and practices set forth in the most recent version of EM 385-1-1 entitled “Safety and Health Requirements Manual”.

4.7.2 OPERATIONS OF EQUIPMENT/VEHICLE. Equipment and vehicles shall be kept in a good state of repair.

Any vehicles or equipment found to be unsafe will not be used until unsafe conditions have been corrected. No person shall be permitted to ride with arms or legs outside the vehicle body, in a standing position on the body, on running boards, or seated on side fenders, cabs, cab shields, rear of vehicle, or on the load. Riding on vehicles or equipment is prohibited unless a seat is provided. Only the operator shall be allowed to ride on the equipment designed for one-man operation. Vehicles or equipment shall not be operated in a manner that will endanger persons or property nor shall the safe operating speeds be exceeded. No vehicle or equipment shall be stopped, parked, or left standing on any road or adjacent thereto in such a manner as to endanger other vehicles using the road. No vehicle or equipment shall be left unattended until after the motor has been shut off, the key removed, parking brake securely set, and gear engaged in low, reverse, or park. Equipment shall be locked or secured to prevent starting by unauthorized persons. If stopped on hill or grade, front wheels shall be turned or hooked into the curb or the wheels securely choked.

4.7.3 ONSITE SAFETY. The contractor shall provide and maintain, at a minimum, the following on-site safety equipment/requirements:

a) The Contractor shall provide and maintain at least one nonfreezing-type A-B-C fire extinguisher in each vehicle, vessel, and piece of motorized equipment (ATV, UTV, etc). Place in a location readily accessible to personnel.

b) The Contractor shall provide and maintain a first aid kit commensurate with the size of the project and with the items necessary for first-aid treatment of all injuries.

c) The Contractor shall advise personnel of the location of first-aid kits and fire extinguishers.

d) The Contractor shall post telephone numbers of nearest hospital or ambulance service and fire station in a conspicuous location and advise all personnel of locations and telephone numbers.

4.8 ACCIDENT PREVENTATION PLAN. In accordance with EM 385-1-1, the Contractor shall submit an accident prevention plan no later than 10 days after award and shall be followed by all contractor personnel during performance of work. The plan shall be developed only after careful analysis of the work involved and shall be tailored specifically to the conditions of this contract and shall address the following items:

a) Responsible Individuals

b) Indoctrination of New Employees

c) “Toolbox” Safety Meetings

d) Fire Prevention and Protection

e) Housekeeping

f) Mechanical Equipment Inspection

g) First Aid and Medical Facilities

h) Sanitation

i) Personal Protective Equipment/Devices

j) Accident Reporting

4.9 QUALITY CONTROL PLAN. The Contractor shall submit a Quality Control Plan no later than 10 days after award according the requirements in Section 1.6.1.

PART 5

SPECIFIC TASKS

5. SPECIFIED TASKS:

5.1 GENERAL. The services shall consist of furnishing all equipment, material, supplies, and labor required to satisfactorily perform the mowing and trimming of the earthen embankments and outlet channel, consisting of approximately 38.0 acres, and the vegetation control of the riprap revetments and a riprap stockpile consisting of approximately 2.82 acres, as specified and directed by the Government Representative.

5.2 PRICE ITEMS. The following is a description of the tasks associated with each Price item on the pricing schedule. The work areas and project sites are described in Part 5.3 and identified in Tech Exhibit 5 Attachment of the contract documents.

5.2.1 PRICE ITEM 0001 - PAPILLION CREEK SITE 20 (WEHRSPANN LAKE) – MOWING AREA. The following tasks shall be completed by the Contractor under this Price Item 0001. The mowing area is represented by green shading in Tech Exhibit 5, Attachment 2 of the contract documents.

(1) Contractor shall mow all areas to a height of 4-8 inches according to Part 5.6.2 of this PWS and shown on Tech Exhibit 5, Attachment 2.

(2) Contractor shall trim around all piezometers, gage houses, seismic instruments, fence lines, other instruments, and areas not assessable to a mower to a height of 4-8 inches to match the height of the surrounding mowed area according to Part 5.6.3 of this PWS and shown on Tech Exhibit 5, Attachment 2.

Contractor shall complete up to three (3) mowing and trimmings. These mowing and trimmings are not guaranteed, as frequency shall be determined by the current condition of the mowing area with approval received from the Government Representative prior to the Contractor’s proposed mowing date.

5.2.1 PRICE ITEM 0002 - PAPILLION CREEK SITE 20 (WEHRSPANN LAKE) – OUTLET CHANNEL AREA. The following tasks shall be completed by the Contractor under this Price Item 0002. The outlet channel area is represented by blue shading in Tech Exhibit 5, Attachment 2 of the contract documents.

(1) Contractor shall mow all areas from the mowing area (top of bank) to water surface to a height of 4-8 inches according to Part 5.6.2 of this PWS and shown on Tech Exhibit 5, Attachment 2. Some slopes are steeper than 3H:1V and may require hand work or alternative methods to complete the work.

(2) Contractor shall cut and remove all trees (less than 2 inch diameter) or woody vegetation flush to the ground surface in areas from mowing area (top of bank) to water surface according to Part 5.6.4 of this PWS and shown on Tech Exhibit 5, Attachment 2. A fresh cut pesticide/herbicide shall be applied to all cut tress and woody vegetation immediately (no more than 1 hour) after cutting in accordance with pesticide/herbicide application labels and in accordance with all local, state, and federal laws and regulations. The Contractor shall submit a pesticide application form (attached) no more than 24 hours after application.

Contractor shall complete one (1) mowing of the outlet area, which will be concurrent with the first mowing of the project site. These mowing and trimmings are not guaranteed, as frequency shall be determined by the current condition of the mowing area with approval received from the Government Representative prior to the Contractor’s proposed mowing date.

5.2.2 PRICE ITEM 0003 - PAPILLION CREEK SITE 20 (WEHRSPANN LAKE) – VEGETATION CONTROL AREA. The following tasks shall be completed by the Contractor under this Price Item 0003. The vegetation control area is represented by yellow shading in Tech Exhibit 5, Attachment 2 of the contract documents.

(1) Contractor shall apply EPA-approved pesticides appropriate for applications around waterways to eliminate and control all vegetation in the vegetation control areas according to Part 5.7 of this PWS and shown on Tech Exhibit 5, Attachment 2.

Contractor shall apply one(1) complete application of EPA-approved pesticides concurrent with the first mowing and trimming of the project site and provide periodic spot spraying throughout the growing season to eliminate and control all unwanted vegetation for the entire period of performance. The Contractor shall submit a pesticide application form (attached) no more than 24 hours after application.

5.2.3 PRICE ITEM 0004 - WILLIAM BROTHERS LEVEE – MOWING AREA. The following tasks shall be completed by the Contractor under this Price Item 0004. The mowing area is represented by green shading in Tech Exhibit 5, Attachment 6 of the contract documents.

(1) Contractor shall mow all areas to a height of 4-8 inches according to Part 5.6.2 of this PWS.

(2) Contractor shall trim around all piezometers, gage houses, seismic instruments, fence lines, other instruments, and areas not assessable to a mower to a height of 4-8 inches to match the height of the

Attachment 6.

Contractor shall complete up to three (3) mowing and trimmings. These mowing and trimmings are not guaranteed, as frequency shall be determined by the current condition of the mowing area with approval received from the

5.2.4 PRICE ITEM 005 - WILLIAM BROTHERS LEVEE – VEGETATION CONTROL AREA. The following tasks shall be completed by the Contractor under this Price Item 0005. The vegetation control area is represented by yellow shading in Tech Exhibit 5, Attachment 6 of the contract documents.

eliminate and control all vegetation in the vegetation control areas according to Part 5.7 of this PWS and shown on Tech Exhibit 5, Attachment 6.

Contractor shall apply one(1) complete application of EPA-approved pesticides concurrent with the first mowing and trimming of the project site and provide periodic spot spraying throughout the growing season to eliminate and control all unwanted vegetation for the entire period of performance. The Contractor shall submit a pesticide

5.2.5 PRICE ITEM 0006 - FLOWER HILL LEVEE – MOWING AREA. The following tasks shall be completed by the Contractor under this Price Item 0006. The mowing area is represented by green shading in Tech Exhibit 5, Attachment 4 of the contract documents.

(1) Contractor shall mow all areas to a height of 4-8 inches according to Part 5.6.2 of this PWS.

(2) Contractor shall trim around all piezometers, gage houses, seismic instruments, fence lines, other instruments, and areas not assessable to a mower to a height of 4-8 inches to match the height of the

Attachment 4.

Contractor shall complete up to three (3) mowing and trimmings. These mowing and trimmings are not guaranteed, as frequency shall be determined by the current condition of the mowing area with approval received from the

5.2.6 PRICE ITEM 0007 - FLOWER HILL LEVEE – VEGETATION CONTROL AREA. The following tasks shall be completed by the Contractor under this Price Item 0007. The vegetation control area is represented by yellow shading in Tech Exhibit 5, Attachment 4 of the contract documents.

eliminate and control all vegetation in the vegetation control areas according to Part 5.7 of this PWS and shown on Tech Exhibit 5, Attachment 4.

Contractor shall apply one(1) complete application of EPA-approved pesticides concurrent with the first mowing and trimming of the project site and provide periodic spot spraying throughout the growing season to eliminate and control all unwanted vegetation for the entire period of performance. The Contractor shall submit a pesticide

5.3 PROJECT DESCRIPTION. The general location of the grounds keeping sites are provided as Attachments 1, 3 and 5 of the contract documents. Maps delineating the mowing areas, vegetation control areas, outlet channel areas, fence lines to be trimmed, and the location of the gage houses and instrumentation are provided as Attachments 2, 4, and 6 in the contract documents. Quantities are approximate and may include items such as roadways and parking lots as total acreage was scaled from existing maps and aerial photographs. The following provides a description of the tracts/areas that are included in this contract:

5.3.1 PAPILLION CREEK SITE 20 (WEHRSPANN LAKE). Wehrspann Lake is located in Sarpy County, NE and consists of approximately 34.3 acres. The location of the site, mowing, outlet channel, and vegetation control areas are shown in Tech Exhibit 5 of the contract documents. A description of the areas is provided below:

The mowing area, represented by the green shading, consists of approximately 30 acres. The embankment is constructed with 3H:1V side slopes (18.4 degree slope). Extreme caution shall be taken when working on, or near, steeply sloped embankments to prevent overturning equipment. There are thirty-two (32) piezometers, forty-four (44) miscellaneous instruments including, survey markers, settlement gages, movement markers, and inclinometers, two strong motion enclosures with external fencing and one gage house to be trimmed around. Two of the piezometers are located outside of the mowing area. A path to the instrumentation is to be mowed or trimmed and the instrumentation trimmed around to a minimum of a 10 feet diameter.

The outlet channel area, represented by the blue shading, consists of approximately 1.6 acres. The outlet channel is constructed with 3H:1V side slopes (18.4 degree slope), but some slopes are steeper than 3H:1V and may require hand work or alternative methods to complete the work. Extreme caution shall be taken when working on, or near, the steeply sloped outlet channel to prevent overturning equipment.

The vegetation control areas, re represented by the yellow shading, consists of approximately 1.3 acres. The upstream embankment riprap revetment, plunge pool riprap revetment, outlet channel bank riprap protection, and riprap stockpile must be sprayed with an EPA-approved pesticide to control vegetation.

Chemical application guidelines are required to be followed when applying the pesticide. Extreme caution shall be taken when walking on riprap material on steep sloped embankments and banks to prevent personal injury.

5.3.2 WILLIAM BROTHERS LEVEE. William Brothers Levee is located in Douglas County, NE east of 96th Street and south of Hwy 36 on the north end of Cunningham Lake and consists of approximately 3.57 acres. The location of the site, mowing, outlet channel, and vegetation control areas are shown in Tech Exhibit 5 of the contract documents. A description of the areas is provided below:

The mowing area, represented by the green shading, consists of approximately 2.9 acres. The embankment is constructed with 3H:1V side slopes (18.4 degree slope). Extreme caution shall be taken when working on, or near, steeply sloped embankments to prevent overturning equipment. There is a fence around the Corps property that will need to be trimmed.

The vegetation control area, represented by the yellow shading, consists of approximately 0.6 acres. The riprap revetment protecting the toe of the levee embankment must be sprayed with an EPA-approved pesticide to control vegetation. Chemical application guidelines are required to be followed when applying the pesticide. Extreme caution shall be taken when walking on riprap material on steep sloped embankments to prevent personal injury.

5.3.3 FLOWER HILL LEVEE. Flower Hill Levee is located in Douglas County, NE, between Fort and Ida Streets just east of 144th street and consists of approximately 4.28 acres. The location of the site, mowing, outlet channel, and vegetation control areas are shown in Tech Exhibit 5 of the contract documents. A description of the areas is provided below:

The mowing area, represented by the green shading, consists of approximately 3.4 acres. The embankment is constructed with 3H:1V side slopes (18.4 degree slope). The crest and slopes of the levee embankment are gently rolling due to cosmetic enhancement. Extreme caution shall be taken when working on, or near, steeply sloped embankments to prevent overturning equipment. There is a pump house, white box in Drawing 6, and mature trees planted in the levee crest at construction are to be trimmed around.

The vegetation control areas, represented by the green shading, consists of approximately 0.9 acres. The riprap revetment protecting the toe of the levee embankment must be sprayed with an EPA-approved pesticide to control vegetation. Chemical application guidelines are required to be followed when applying the pesticide. Extreme caution shall be taken when walking on riprap material on steep sloped embankments to prevent personal injury.

5.4 SCHEDULE. The mowing of the embankments, unless otherwise determined by the COR, shall commence within the following mowing periods:

1st Mowing Period – 1 April – 31 May 2nd Mowing Period – 1 July – 31 July 3rd Mowing Period – 15 September – 30 October

At the discretion of COR, embankments may be mowed up to three (3) times if it is determined to be beneficial and sod conditions allow. The Contractor shall have sufficient equipment to complete the mowing, trimming and/or vegetation control to include final inspection and acceptance, within five (5) work days from the day work is scheduled to begin for each mowing period. Additional time will be allowed equivalent to inclement weather delays. Additional time will be given ONLY for those periods judged inclement by the COR. In the event that services cannot be provided by the Contractor as scheduled, the Government retains the option of performing scheduled services or hiring services to be performed at the Contractor’s expense. The COR will provide the contractor a schedule of the upcoming dam safety inspections during the annual coordination meeting. The contractor shall coordinate with the COR and ensure the embankments, levees, and outlet channels are mowed prior to and in preparation for the dam safety inspections.

No work will be permitted on Saturdays, Sundays, or holidays unless this restriction is specifically waived by the COR. Work will not be permitted between the hours of 9:00 PM and 5:00 AM.

5.5 EQUIPMENT.

5.5.1 MOWERS. Mowing machinery shall be tractor-drawn and/or tractor-mounted multiple blade rotary mowers or flail mowers that evenly distributes plant residues and clippings. Mowers such as mower-conditioners (sickle bar, disc and drum) may be used if vegetation is to be harvested for hay. All mowers shall be equipped and maintained with deflection plates on the discharge ports and with safety chains or other approved protective devices. The Contractor shall exercise extreme caution when working on or near steeply sloped embankments to prevent overturning equipment. All mowers must have slides, wheels, casters, or rollers to prevent damage to the sod cover.

All mowers must give a smooth and even grass cut. Mowing that results in "white tops," scalps, windrows or clumps of clipped vegetation, and swirled or lodged vegetation will constitute unsatisfactory performance under the terms of this contract.

5.5.2. TRACTORS. The tractors shall be of suitable size and type for the designed use and must comply with Sec.

16 of EM 385-1-1.

5.5.3. TRIMMERS. Trimming equipment shall be defined as, but not limited to, hand trimmers, hand weed whips, scythes, engine-powered trimmers, push mowers or other equipment suitable for the particular work of trimming vegetation.

5.5.4. EQUIPMENT AND PERSONNEL. The recommended minimum amount of equipment and personnel needed to satisfactorily perform work under this contract is as follows:

One (1) 15 foot flex wing or flail mower, one (1) string-type trimmer, and two (2) full/part-time employees.

5.6 MOWING AND TRIMMING.

5.6.1 GENERAL. The project sites will be mowed up to three times a year. The mowing and trimmings are not guaranteed, as frequency shall be determined by the current condition of the sod with approval received from the

5.6.2 MOWING REQUIREMENTS. All areas will be cleaned of ground litter and debris prior to any mowing or trimming. The refuse may be disposed of in the nearest receptacle. Mowing will not be permitted when the mowing operation causes rutting of ground or clumping or windrowing of cut grass. Tractors shall be operated in a manner that will prevent the wheels from tearing the turf on turns. Each pass shall overlap the previous pass so that no uncut strips of turf remain. Mowing with tractor-mounted mowers will be permitted in the vicinity of dam monitoring instrumentation, road signs, guard rails, posts, culverts, and similar items provided that such operation does not damage or move these items. Mowers of all types shall not make contact with instrumentation, adjacent fences, electrical cabinets, picnic tables, grills, desirable trees or shrubs. Mowers will be operated so clippings and residue from mowing decks are not deposited on roadways, parking lots, sidewalks or other hard surfaced areas. These surfaces shall be cleared of clippings and residue immediately after mowing operations are completed. When mowing, the Contractor will be responsible for removing limbs and branches up to six (6) inches in diameter.

5.6.2.1 HEIGHT REQUIREMENTS. The height of the turf after mowing or trimming will be between 4-8 inches.

The mower "bench-setting" to be used will be determined based on climatic and site conditions throughout the term of the contract. Generally, the height of cut will be higher as rainfall decreases and temperatures increase. Cutting height will generally be at the lower end of the range during the spring and fall months. Height of cut to be used will be determined by the Government Representative and discussed with the Contractor during the contract period.

5.6.3 TRIMMING REQUIREMENTS. Trimming shall be accomplished concurrent with or immediately following mowing within all areas identified in the contract documents. These areas include, but are not limited to; dam safety instrumentation, outlet structures, gage houses, pump stations, access gates, adjacent fence lines, signs, rock/sand stockpiles, trees, ridges, depressions, erosion protection/riprap areas, road shoulders, backside of ditches, and similar fixed and/or temporary obstacles or objects. Trimmed grass height shall match surrounding mowed grass height. The Contractor shall utilize shields or other measures to prevent bark cuts or other such damage when trimming around trees.

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