AMENDMENT 1.pdf

W59XQG30193759

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Ground Maintenance at Missouri River Project Office, Omaha District, Nebraska.

POC: Tina Keimig, Email tina.l.keimig@usace.army.mil

The purpose of this amendment due to changes in red highlights in the Performance Work Statement (PWS). All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 33

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 10-Apr-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9128F23Q0041

X 9B. DATED (SEE ITEM 11)

03-Apr-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Apr-2023

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128F23Q0041

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

REVISED PWS

PERFORMANCE WORK STATEMENT (PWS)

GROUNDS MAINTENANCE SERVICES FOR SALT CREEK DAM SITES

US ARMY CORPS OF ENGINEERS

(SALT CREEK PROJECTS)

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide all labor, supervision, certain equipment/supplies, and transportation to provide grounds maintenance for nine (9) Salt Creek Dam 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 personnel, supervision, supplies, labor, materials, tools, transportation, equipment, and other items and non-personal services necessary to perform mowing, trimming, and vegetation control in Corps of Engineers managed areas of the following project sites: Olive Creek Lake, Bluestem Lake, Wagon Train Lake, Stagecoach Lake, Yankee Hill Lake, Conestoga Lake, Twin Lakes Lake, Pawnee Lake, and Branched Oak Lake. 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 COR 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 the mowing, trimming, and vegetation control of earthen embankments, auxiliary spillways, spillway slopes, and outlet channels consisting of approximately 450 acres, as specified and as directed by the COR. Section 5 contains the specific job tasks for this contract.

1.5 PERIOD OF PERFORMANCE. The period of performance shall be for one (1) Base Year of 12 months and Four (4) 12-month option years. The Period of Performance reads as follows:

Base Year: Date of Award through 1 April 2023

Active period of performance: 01 April 2023 to 31 October 2023 Inactive period of performance: 1 November 2023 through 31 March 2024

Option Year 1: 01 April 2024 through 1 31 October 2024

Active period of performance: 01 April 2024 through 31 October 2024 Inactive period of performance: 01 November 2024 through 31 March 2025

Option Year 2: 01 April 2025 through 31 October 2025 Active period of performance: 01 April 2025 through 31 October 2025 Inactive period of performance: 01 November 2025 through 31 March 2026

Option Year 3: 01 April 2026 through 31 October 2026

Active period of performance: 01 April 2026 through 31 October 2026 Inactive period of performance: 01 November 2026 through 31 March 2027

Option Year 4: 01 April 2027 through 31 October 2027

Active period of performance: 01 April 2027 through 31 October 2027 Inactive period of performance: 01 November 2027 through 31 March 2028

1.6 GENERAL INFORMATION.

1.6.1 QUALITY CONTROL. The contractor shall develop a plan 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 requirements 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 Juneteenth Christmas Day

Independence 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. Olive Creek Lake, Bluestem Lake, Wagon Train Lake, Stagecoach Lake, Yankee Hill Lake, Conestoga Lake, Pawnee Lake, and Branched Oak Lake in Lancaster County, Nebraska as well as Twin Lakes Lake in Seward County, Nebraska.

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 3 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, 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 PRE-BID SITE VISIT. It is highly recommended that a bidder make an on-site visit to the projects to inspect the facilities and area prior to submittal of bid. 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:

Larry Morgan – Government Point of Contact Tommy Aldmeyer – COR Phone: (402) 996-3748 Phone: (402) 996-3757 Email: Larry.E.MorganJr@usace.army.mil Email: Thomas.E.Aldmeyer@usace.army.mil

Missouri River Project Office 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 & ACRONYMS

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

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

2.1.5 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.

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

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

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

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

2.1.10 SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

2.1.11 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 POC Point of Contact 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. N/A

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, 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 show 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

COR.

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) “Tool Box” 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 to 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, trimming of earthen embankments, auxiliary spillways, spillway slopes and outlet channels consisting of approximately 415 acres, as specified, and as directed by the COR. Vegetation control will also be performed along rock access roads, riprap revetments, riprap and rock stockpiles and concrete outlet works and rock lined outlet channels, consisting of approximately 35 acres, as specified and directed by the

COR.

5.2 EQUIPMENT.

5.2.1 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 finished 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.

5.2.2. 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.

5.2.3. 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.

5.2.4. 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, One (1) Baler and Two, (2) full/part-time employees. Reference also section 5.3.1 and 5.3.1.1 as to the maximum work per mowing order requirement of this contract.

5.3. MOWING AND TRIMMING.

5.3.1. GENERAL. All embankments will be mowed up to three times a year. The spillways, spillway slopes, and outlet works will be mowed up to one time a year. The mowings and trimmings are not guaranteed, as frequency shall be determined by the current condition of the sod with approval received from the COR prior to the Contractor’s proposed mowing date. The Contractor shall submit a work schedule no later than 10 days prior to work being conducted during the mowing periods specified below in Section 5.3.2 Schedule Considerations.

5.3.2. SCHEDULE CONSIDERATIONS. 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 – 31 October

The mowing of the spillways, spillway slopes, and outlet channels, if determined necessary by the COR, shall commence during the 3rd Mowing Period after the 15th of September and be completed by the 31st of October. 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, spillways, spillway slopes, and outlet channels are mowed prior to and in preparation for the dam safety inspections.

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 baling to include final inspection and acceptance at all nine sites, within fifteen (15) 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.

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. Mowing or trimming within camping areas will be delayed until 9:30 AM.

5.3.3 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 with power mowers, either push or riding, and trimming will not be performed closer than 20 feet from an inhabited picnic or campsite without the permission of the camper or picnicker. If permission is not granted, the Contractor shall return to these sites and mow or trim after the occupants of these sites leave.

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 tractor tires from tearing or rutting the turf at the crest road, around the gage house, around dam safety instruments or while making 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 the gage house, dam safety 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 shall be responsible for removing limbs and branches up to six (6) inches in diameter.

5.3.3.1 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 COR and discussed with the Contractor during the contract period.

5.3.4. TRIMMING REQUIREMENTS. All trimming shall be accomplished either simultaneously, or immediately following mowing and in all instances shall be completed no later than three (3) consecutive days after mowing of each Tract shown on the maps and described in section 5.5 below. This paragraph shall not be construed to alter the total time allowed for completion. Trimming will be required around and under, as appropriate:

embankment dam safety instrumentation, concrete block gage houses, concrete outlet structures, adjacent fence lines, access gates, signs, guard posts, riprap and rock stockpiles, concrete and rock-faced structures, and similar items.

5.3.5. DAMAGE TO PROPERTY. Damage to property shall be defined as follows: “Damage includes but is not limited to any scrapes, bends, breaks, removal, etc. to any and all dam safety instrumentation (piezometers, survey points, gage houses, etc.), road signs, guard rails, posts, fences, gates, culverts and outlets.” The contractor will be responsible for all cost of repairs to any and all damaged property resulting from their actions while performing contracted services.

If any property is damaged by the contractor the contractor will notify the COR immediately after occurrence so damages may be accessed. Minor damages as determined by the COR may be repaired by the contractor. Major damages as determined by the COR shall be assessed by the Army Corps of Engineers engineering staff to determine the damage extents and required repairs.

The Army Corps of Engineers reserves the right to approve any and all contracted repairs to all federal government property.

5.3.6. DAMAGE TO VEGETATION. Damage to woody vegetation shall be defined as follows: "Damage includes but is not limited to broken limbs, bark loosened or torn from trunks, vegetation being run over or mowed off." Repair of loosened or torn bark is not considered, for purposes of this contract, to be satisfactory compensation for loss. All tree and shrub damage will be computed using the most current values established by the Council of Tree and Landscape Appraisers. When damage involves only a percentage of a tree, a corresponding percent estimate of damage will be assessed. The total amount of damage to a particular tree(s) or shrub(s) will be deducted from the sum to be paid for that area mowing and trimming. A copy of the CTLA Formula, from the Tree and Shrub Valuation Method to be used, will be available for viewing upon request

5.4 VEGETATION CONTROL.

The contractor shall implement a season long vegetation control program to eliminate all vegetation in the vegetation control areas identified in the contract documents for the duration on the mowing season. The initial vegetation control application of the project sites will, unless otherwise determined by the COR, occur concurrently with the first mowing on or after the 1st of April and be completed by the 31st of May. Additional spray applications shall be completed throughout the mowing season to eliminate all vegetation regrowth in all vegetation control areas.

5.4.1 APPLICATION. Vegetation control products will be applied at the rates specified by the product’s manufacturer and in strict compliance to all Federal, State and local laws, regulations or ordinances. All applications of vegetation control products will be coordinated with and approved by the COR. All sod cover damaged or destroyed from improper chemical selection or application shall be replaced in kind at no additional expense to the Government.

5.4.2 VEGETATION CONTROL PRODUCTS. Contractor will apply EPA-approved pesticides to control vegetation. (The term “pesticide” refers to pesticides and herbicides).

When applied in close proximity to waterways, pesticides appropriate for applications around waterways, shall be used. Before applying pesticides, the type of weed shall be identified and the control selected accordingly, using the most effective control for the species. Any chemicals used shall be the least toxic available in regards to warm-blooded animals, amphibious animals, and fish per Nebraska Department of Agriculture guidelines. The pesticide selected for application shall be submitted to the Government for review and approval, prior to application.

5.4.3 CHEMICAL APPLICATION GUIDELINES.

5.4.3.1 CHEMICAL APPLICATION LICENSES. The application of any pesticide shall be done by persons certified and licensed for their use by the State of Nebraska. The Contractor must supply all such licenses as part of the Contractor’s initial bid package and prior to the award of annual options.

5.4.3.2 REPORTING AND RECORD KEEPING. The COR shall be provided with both the package labeling and a Safety Data Sheet (SDS) for each proposed chemical product, and approve its usage, before the product is applied. The Contractor must record any pesticide and/or fertilizer application after each application and report the data to the COR. All pesticide application records will be in accordance with ER 1130-2-540, paragraph 3-3k of the current edition of Project Operations – Environmental Stewardship Operations and Maintenance Guidance and Procedures. The Contractor shall submit to the COR, within 24 hours after completion of an application, written reports showing quantities of active pesticide ingredients, applied areas treated with the herbicide, and amount of product applied. Similar reports will be submitted to the COR, within the same time frame, of each fertilizer application for the sake of maintaining MRP historical records. See Attachment 2 of Technical Exhibit 3 of this PWS for the required Pesticide Application Record Sheet.

The contractor shall be responsible for any and all notification requirements for pesticide application within public places.

5.4.3.3 SPILLS. The Contractor must report and appropriately respond to and remediate any chemical accidents, such as spill or drift. The Contractor must have a spill kit onsite that is adequate for the quantity of pesticide being applied. Report will be made immediately to the COR and a written report provided within seven (7) calendar days of each such incident if required by the COR. The Contractor will include the date and time the spill, quantity spilled, response and remedial actions, and associated circumstances as applicable.

5.5 MAPS.

5.5.1 GENERAL. Maps delineating the mowing/trimming, outlet channel and vegetation control areas to be serviced are provided as Drawings 1 through 9. Quantities are approximate and may include items such as roadways, parking lots and camp pads 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:

Salt Creek Dam Site 2 (Olive Creek Lake) - Olive Creek Lake is located in Lancaster County, Nebraska and consists of approximately 30 acres. The mowing areas are shown in Drawing 1 and a description of the areas is provided below:

SC02_A is the embankment area consisting of approximately 14.5 acres. The embankment is constructed with 3:1 side slopes (18.5 degree slope). Extreme caution shall be taken when working on, or near, steeply sloped embankments to prevent overturning equipment. There are twelve piezometers, ten survey markers, two strong motion enclosures with fencing, one gage house, two gates, and 172 ft of fence lines to be trimmed around.

SC02_B is the spillway and spillway slope area consisting of approximately 12.5 acres.

The spillway area is flat to gently sloping. The spillway slopes vary, but were constructed with 3:1 side slopes (18.5 degree slope). The spillway and spillway slopes have experienced significant erosion on some areas. Extreme caution shall be taken when working on, or near, steeply sloped areas to prevent overturning equipment.

Alternative means and methods may be required in this area. The entire spillway slopes will be mowed and when mowing, the Contractor shall be responsible for clearing/removing woody vegetation and small trees up to four (4) inches in diameter.

There is no instrumentation within the area.

SC02_C is the outlet channel area consisting of approximately 0.35 acres. This area is steep and the slope varies. This area is adjacent to the mowing areas from the top of slope to the water surface as shown in the contract documents. Extreme caution shall be taken when working on, or near, steeply sloped embankments to prevent overturning equipment. Alternative means and methods may be required in this area. The entire outlet channel will be mowed and when mowing, the Contractor shall be responsible for clearing/removing woody vegetation and small trees up to four (4) inches in diameter.

There is no instrumentation within the area.

SC02_D is the vegetation control area consisting of approximately 2.5 acres. This area consists of rock access roads, riprap revetments, riprap and rock stockpiles, concrete outlet works and rock lined outlet channels. There is no instrumentation within the area.

Salt Creek Dam Site 4 (Bluestem Lake) - Bluestem Lake is located in Lancaster County, Nebraska and consists of approximately 47 acres. The mowing areas are shown in Drawing 2 and a description of the areas is provided below:

SC04_A is the embankment area consisting of approximately 20 acres. The embankment is constructed with 3:1 side slopes (18.5 degree slope). Extreme caution shall be taken when working on, or near, steeply sloped embankments to prevent overturning equipment. There are seven piezometers, five survey markers, one gage house, two gates, and 0 ft of fence lines to be trimmed around.

SC04_B is the spillway and spillway slope area consisting of approximately 23.5 acres.

The spillway area is flat to gently sloping. The spillway slopes vary, but were constructed with 3:1 side slopes (18.5 degree slope). The spillway and spillway slopes have experienced significant erosion on some areas. Extreme caution shall be taken when working on, or near, steeply sloped areas to prevent overturning equipment.

Alternative means and methods may be required in this area. The entire spillway slopes will be mowed and when mowing, the Contractor shall be responsible for clearing/removing woody vegetation and small trees up to four (4) inches in diameter.

There is no instrumentation within the area.

SC04_C is the outlet channel area consisting of approximately 0.9 acres. This area is steep and the slope varies. This area is adjacent to the mowing areas from the top of slope to the water surface as shown in the contract documents. Extreme caution shall be taken when working on, or near, steeply sloped embankments to prevent overturning equipment. Alternative means and methods may be required in this area. The entire outlet channel will be mowed and when mowing, the Contractor shall be responsible for clearing/removing woody vegetation and small trees up to four (4) inches in diameter.

There is no instrumentation within the area.

SC04_D is the vegetation control area consisting of approximately 2.5 acres. This area outlet works and rock lined outlet channels.. There is no instrumentation within the area.

Salt Creek Dam Site 8 (Wagon Train Lake) - Wagon Train Lake is located in Lancaster County Nebraska and consists of approximately 44 acres. The mowing areas are shown in Drawing 3 and a description of the areas is provided below:

SC08_A is the embankment area consisting of approximately 18 acres. The embankment is constructed with 3:1 side slopes (18.5 degree slope). Extreme caution shall be taken when working on, or near, steeply sloped embankments to prevent overturning equipment. There are twelve piezometers, six survey markers, one gage house, three gates, and 1,631 ft of fence lines to be trimmed around.

SC08_B is the spillway and spillway slope area…