SOW.DOCX

PERFORMANCE WORK STATEMENT

HUGO LAKE

OKLAHOMA

MAINTENANCE CONTRACT

FOR

MOWING

ORGANIZATION OF SPECIFICATIONS

This specification consists of a general section supplemented by exhibits and appendices. A Table of Contents is provided on the following page.

The general section contains requirements that apply to all work to be performed under the provisions of this specification. The exhibits contain detailed listings or examples referred to in the general section and the Performance Requirements. The appendices contain a description of the facilities to be serviced and the work to be performed.

Any reference to paragraphs or subparagraphs in this specification will refer to those in the general section unless otherwise noted.

TABLE OF CONTENTS

Para.

APPENDICES

1. SCOPE OF WORK. The work required under this specification provides for mowing services at Hugo Lake in Choctaw County, Oklahoma.

2. DEFINITIONS.

2.1. Contractor Quality Control (CQC). The contractor's system of controlling the quality of services provided under the provisions of the contract.

2.2. Deficient Service. Any service provided by the contractor that does not meet the Performance Standards specified in the Performance Requirements given in Exhibit 1.

2.3. Government. The term "Government" as used herein means the United States of America.

2.4. Performance Requirement (PR). The Government's requirement for each service provided under the contract. The requirements are stated as Performance Standards (PStd), and specify the minimum standard (quality) for each service provided under the contract.

2.5. Project. The term "project" as used herein means all Government property and easements at Hugo Lake.

2.6. Quality. Conformance with the contract specification.

2.7. Quality Assurance (QA). The procedure by which the Government determines CQC is functioning effectively.

2.8. Regulations. The term "regulations" refers to any local, state, or Federal law or regulation applicable to operation or maintenance of the project.

2.9. Workday. Any day, Monday through Friday, exclusive of Federal holidays. This definition should not be interpreted to mean work is not required by this specification on other days.

2.10. Public Use Area (PUA). The acronym “PUA” refers to a recreation area managed by the U.S. Army Corps of Engineers.

3. REFERENCES. Corps of Engineers Safety & Health Requirements Manual (EM 385-1-1, dated November 2003) is hereby incorporated into this specification. The Contract Administrator will furnish EM 385-1-1 to the contractor after contract award. It is also available on-line at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx .

4. INITIATION, EXECUTION, AND ACCEPTANCE OF WORK.

4.1. Initiation and execution of work. Work shall be performed in accordance with this specification and the performance requirements (Exhibit 1, Performance Requirements, Attachments).

4.1.2. Acceptance of work. The Government shall accept work unless the Contracting Officer Representative (COR) notifies the contractor of deficient services. Work will be accepted based on compliance with performance requirements. Refer to paragraph 10 for inspection criteria and contractor performance evaluation.

4.1.2.1. Initial notification of deficiencies may be written or oral; however, all oral notification shall be confirmed by the COR in writing within two (2) workdays. Written notification shall be provided by completing Parts I, II, and III of a Quality Assurance (QA) Report (Exhibit 2, Quality Assurance Report, Attachments).

4.1.2.2. If the COR notifies the contractor of deficient work the contractor shall initiate action to accomplish corrective work. Work performed on a daily schedule shall be re-performed the same day. Work performed on less than a daily schedule shall be re-performed not later than the following day. Refer to paragraph 10 for deficient work not re-performed.

4.1.2.3. The contractor shall notify the COR when corrective work is completed. Notification shall be made by completing Part IV of the QA Report provided it has been furnished the contractor. If not, notification shall be made orally. When work has been corrected, the COR shall take necessary action to complete Part V of the QA Report and provide a copy to the contractor.

5. PERSONNEL REQUIREMENTS.

5.1. The contractor shall provide all labor and supervision necessary to perform all work described in these specifications. All contract services shall be performed by the contractor or sub contractors except as provided in his or her contingency plan required in paragraph 5.3.

5.2. The contractor or sub contractors shall be physically qualified to perform all work as specified in this contract. Such work includes but is not limited to providing services outdoors under varied and sometimes severe weather conditions, repeated bending and stooping, heavy lifting, standing and walking for long periods. The work shall also include providing information and interacting with the public in a calm and courteous manner even under trying circumstances.

5.3. The contractor shall provide a contingency plan for how work will be accomplished in the event of illness and/or emergencies.

5.4. The contractor shall provide the Contracting Officer and the COR a local or toll free telephone number at or through which he can be reached between 8:00 a.m. and 4:30 p.m. on all days work is being performed. Use of a cell phone is acceptable.

5.5. The contractor/sub contractor shall, at all times, promote a positive, professional image of themselves and the Corps of Engineers; cooperate fully and maintain a polite and respectful manner with all members of the public, other contractors, volunteers, and Government employees. At no time shall the contractor, through their personal appearance, actions, or demeanor, discredit the Government.

5.6. The contractor/sub contractor shall be appropriately dressed at all times when performing contract duties (reference subparagraph 11.4).

5.7. The contractor/sub contractor shall not enforce or attempt to enforce any regulations while performing contract duties. Enforcement of Federal Regulations is the responsibility of the Corps of Engineers personnel and not part of the duties or responsibilities of this contract.

5.8. Prohibited Conduct and Activities.

5.8.1. Under no circumstance shall the contractor/sub contractor carry or possess firearms anywhere on Government property.

5.8.2. The contractor/sub contractor shall not consume nor be under the influence of alcohol, drugs or medications (except doctor prescribed) while performing contract duties nor conduct themselves at any time in a manner unbecoming their position.

5.8.3. The contractor/sub contractor shall not engage in any commercial activity on Government property. This shall include childcare, outside employment, or other activities that conflict or interfere with the performance of required work.

5.8.4. The contractor/sub contractor shall not attempt to apprehend violators or enforce regulations; nor argue with or directly accuse a member of the public of wrong doing; nor commit Corps of Engineers employees to any type of action.

6. EQUIPMENT.

6.1. Government Furnished. None

6.2. Contractor Furnished. The contractor shall furnish all equipment such as, but not limited to, edger , trimmer, finish type mowers not less than 42” cut for mowing inside PUA’s and tractor with brush hog that is ample to meet contract requirements for mowing of the Embankment and field that is located to the west of the Overlook. Use of a riding wide area mower of at least 100 inches of cutting surface is acceptable.

6.3. Equipment Inspections. Upon request, the contractor shall present equipment to the COR for inspection. Equipment brought to the project shall not be used until it has passed inspection by the COR. The COR shall establish the time and location for these inspections.

6.4. Equipment Requirements. All equipment used to perform work under this specification must be in good operating and mechanical condition and shall comply with EM 385-1-1.

6.4.1. Mowers that are rotary-type or flail-type shall meet the following requirements:

6.4.1.1. Mowers shall be equipped with safety chains or other protective devices to prevent flying objects from injuring people or damaging property.

6.4.1.2 Mowers shall be equipped with slides and wheels.

6.4.1.3. Mulching mowers shall not be used.

6.4.1.4. All safety devices provided by the manufacturer of mowers shall function as designed.

6.4.2. Tractors shall be equipped and operated in accordance with the following:

6.4.2.1. Power take offs on tractors shall operate at a minimum of 540 RPM during mowing operations.

6.4.2.2. Seat belts shall be worn at all times by tractor operators. Refer to paragraph 16.B.08. of EM 385-1-1.

6.4.2.3. A substantial guard or shield shall be installed on the tractor to protect the operator from flying objects during mowing. The guard or shield shall be covered with not less than 1/4-inch woven wire mesh or expanded metal with openings no greater than one inch. Refer to subparagraph 16.B.03.a. and 16.B.11.a. of EM 385-1-1.

6.4.2.4. Rollover protection shall be provided. If the structure is not designed and installed by the manufacturer of the tractor, the contractor shall furnish a certificate from a registered professional engineer that the rollover protection is structurally safe for its intended purpose. Refer to subparagraph 16.B.12. of EM 385-1-1.

6.4.2.5. Tractors and rotary or flail-type mowers shall only be used on the embankment and field that is to the west of the Overlook and not in improved areas.

6.4.3. Edgers shall be equipped with a rotary blade in an upright position. A protective guard for the blade shall be provided.

6.5. Equipment Operation.

6.5.1. Mowing equipment shall be operated in a manner that will allow for discharge of grass clippings away from roads, ponds, facilities, etc., and prevent damage to turf.

6.5.2. Power operated trimming equipment shall not be used around any shrubs or trees with a diameter less than 3 inches at breast height unless a sleeve protects the base of the shrub or tree.

6.6. Vehicle Operation and Parking.

6.6.1. While performing work under this contract, vehicles shall be operated and parked only on roads, parking areas, or pullouts unless the COR approves use of other areas. All vehicles shall be properly licensed and maintained in a safe, clean condition. The contractor/sub contractor shall maintain a valid state driver’s license.

6.6.2. The contractor shall comply with all provisions of Title 36 Code of Federal Regulations pertaining to Corps of Engineers areas. The contractor will not be allowed to operate any vehicle (including mopeds, ATVs, and utility vehicles) off road, around gates or barricades, on sidewalks, on trails or driving the wrong way on a one-way street, unless prior written approval is obtained from the Lake Manager.

7. MATERIALS AND SUPPLIES.

7.1. Government Furnished.

7.1.1. Potable water.

7.1.2. All forms for submitting required reports.

7.1.3. Gate keys

7.1.4. Bulk storage dumpsters

7.2. Contractor Furnished. The contractor shall furnish all materials and supplies necessary to perform the duties and services of this contract, except where otherwise stated as Government furnished.

7.2.1. Transportation.

7.2.1.1 Vehicles. The contractor shall furnish suitable vehicle(s) for personal transportation, work area use, pickup and delivery of supplies, and transport of refuse to bulk storage dumpsters.

7.2.1.2. Signs located on each side of the vehicles shall mark all sedans and trucks used by the contractor to perform work under this specification. Signs may be painted on the doors or magnetic signs may be attached to the doors. Magnetic signs shall not be removed at any time vehicles are at the project. Lettering shall be at least 2 inches high. Each sign shall contain the following:

HUGO LAKE

MOWING SERVICES

PROVIDED BY

(Contractor’s Name)

8. PERFORMANCE REQUIREMENTS. PRs for work performed under this statement are given in the Attachments. The contractor's performance will be evaluated using these PRs as follows:

8.1. Services provided by the contractor will be inspected for compliance with PStds. Those not meeting PStds shall be considered deficient. Major or recurring minor deficiencies will result in a letter of correction being issued by the COR or Contracting Officer.

8.2. Deficient services are determined during initial QA inspections since the purpose of QA is to determine how well CQC is functioning. The results of inspections are not changed as a result of satisfactory re-performance.

9. CONTRACTOR QUALITY CONTROL. The contractor shall establish and execute a CQC Program to assure that all work required by this specification is completed on schedule and in accordance with the PRs located in the Attachments.

9.1. The results of all quality control inspections conducted by the contractor shall be entered on the Quality Control Inspection Log (Exhibit 4, SWT Form 990, Attachments). A copy of completed inspection logs shall be furnished the COR monthly.

9.2. The Contract Administrator may waive the requirements in subparagraph 9.1. if he determines proper CQC can be achieved without the required submissions. The COR will normally make this determination on the basis of actual performance by the contractor.

10. DEDUCTIONS FOR DEFICIENT WORK. Deductions from the contractor's scheduled earnings shall be made for services that do not meet the PStds in Exhibit 1. Deductions for documented defects will be made in accordance with the following procedures:

10.1. Each service found deficient and re-performed by the contractor: No deduction.

10.2. Each service found deficient and performed by the Government: Deduction for loss in value shall be based on the Government's cost for performing the work.

10.3. Each service found deficient and performed by another contractor: Deduction is the contract price paid the other contractor to perform the work.

10.4. Each service found deficient and not re-performed by anyone, or work not performed at all: Deduction for loss in value shall be based on estimates of the contractor's cost for performing the work, i.e., labor, materials, equipment costs, work schedules, etc. Loss in value shall be based on the contract bid price or applicable portion thereof.

11. SAFETY.

11.1. Safety Plan. The contractor shall furnish the COR a safety plan to implement the general policies and procedures for safe operation and maintenance of the project in accordance with EM 385-1-1. The safety plan shall include, but not be limited to the following:

11.1.1. Procedures for insuring safety of others, including the general public.

11.1.2. Requirements for wearing or utilizing personal safety equipment and apparel.

11.1.3. Procedures for handling, reporting, and correcting unsafe conditions, practices, and safety violations.

11.1.4. Procedures for treating and transporting injured persons to medical facilities.

11.1.5. Fire prevention plans.

11.1.6. Job hazard analyses shall include an evaluation of hazards that might be encountered for an operation, and proposed methods and techniques for accomplishing each job in a safe manner. Contractor personnel shall be thoroughly indoctrinated with job hazard analyses, especially at the start of a major job. Initially, the safety plan shall include, but not be limited to, job hazard analyses for the jobs listed below. However, the contractor shall prepare additional analyses as the need arises and/or the COR directs. Job hazard analysis directed by the COR shall be submitted for approval within one (1) week. An example of a job hazard analysis is given in the Attachments.

11.2. Safety Violations. If a contractor’s/sub contractor’s employee persists in not following the safety requirements of this specification or the contractor’s safety plan, the employee shall be permanently discharged upon the request of the Contracting Officer. If the contractor/sub contractor persists in not following the safety requirements of this specification or the safety plan, it will be considered grounds for termination. (reference paragraph 18).

11.3. Safety Meetings. The contractor/sub contractor shall conduct safety meetings with employees at the start of each mowing cycle.

11.4. Personal Clothing and Safety Apparel. Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short-sleeve shirt, long trousers, and shoes (shorts, swimwear, and open footwear are not allowed). Clothing shall be in good repair. The contractor will wear additional protective apparel when required by Section 5, EM 385-1-1. Clothing shall be in good repair.

11.5. Accident Reports.

11.5.1. The contractor shall immediately notify the COR of all known accidents that occur at the project and result in death or serious injury.

11.5.2. The contractor shall investigate all accidents that result in death, traumatic injury, occupational disease, or damage to property, materials, supplies and equipment incidental to work performed under this specification. The results of investigations shall be reported to the COR immediately and in writing on ENG Form 3394, Accident Investigation Report, within one (1) workday following the accident.

11.6. Exposure Reports. The contractor shall maintain an accurate record of exposure data (man-hours worked) and submit the figure in writing monthly by the 1st day of the following month.

12. REPORTING DEFECTIVE FACILITIES. While performing work, the contractor shall observe the condition of Government facilities. Damaged, defective, and/or inoperative facilities shall be reported to the COR each workday.

13. PREWORK CONFERENCE. The COR shall conduct a Pre-work Conference with the contractor for purposes of training and orientation and to discuss the provisions of this specification and the contractor's submittals listed in paragraph 14 below. The contractor will be provided project information, policies and procedures, and Government furnished items will be distributed. The COR shall establish the location, date, and time of the Pre-work Conference after consultation with the contractor.

14. CONTRACTOR SUBMITTALS. All submittals shall be furnished the COR at or prior to the pre-work conference. If the COR determines any of the submittals do not comply with this specification, the contractor shall resubmit these documents within one (1) week.

14.1. Contingency Plan (subparagraph 5.3.).

14.2. Safety Plan. (subparagraph 12.1.).

14.3. Job Hazard Analysis. (subparagraph 12.1.6.)

14.4. Exposure reports. (submit by 1st day of each month) (subparagraph 12.6.).

15. BILLING.

15.1. The contractor shall submit an original invoice when work is completed at the end of each mowing cycle.

15.2. Invoices shall be prepared in the format in the Attachments.

15.3. All exposure reports shall be submitted before an invoice will be accepted.

15.4. Invoices and supporting documents shall be delivered or mailed to the Contracting Officer Representative (COR) at:

Hugo Lake Office P.O. Box 99 Sawyer, OK 74756.

15.5. Payment will be made from the finance and accounting office for the Tulsa District in accordance with contract provisions and the Prompt Payment Act.

15.6. Payment will only be made for work actually performed.

16. CHANGES IN AMOUNT OF FACILITIES SERVICED. Adjustment in contract price will be negotiated at the request of either party, only if either or both of the following conditions occur.

16.1. Services required are deleted for a period of one (1) month or longer in an entire park. Major storm damage, floods, high lake pool levels, other natural causes or major construction activities may result in the partial or total closure of recreation areas.

16.2. Services would cease to be required during natural emergencies or disasters, such as a major flood event or tornadoes that would render the PUA’s inaccessible or cause public safety to be a concern, or during a period of prolonged disruption of utility services requiring closure of either partial or entire PUA’s, or in the event of a Temporary Government Shutdown which would close entire PUA’s. In any event, the Contracting Officer or the COR will contact the prime contractor and provide detailed guidance as to how the contractor shall proceed, or not proceed, with mowing services, depending upon the specific circumstances at the time. Services not able to be performed or not required will not be charged.

17. TERMINATION OF CONTRACT. Failure of the contractor to conduct him/herself in an appropriate manner or to provide the items and services listed in the contract specifications will be grounds for termination of this contract. Examples of contractor actions, which may result in contract termination, include but are not limited to:

17.1. Repeated failure to provide mowing services as required.

17.2. Consuming alcohol, drugs, or being intoxicated while on duty.

17.3. Theft of private or Government property or supplies.

17.4. Repeated instances of discourtesy, harassment, or giving false information to the public or Corps of Engineers personnel.

17.5. Repeated documented complaints pertaining to contractors’ conduct, actions, or attitudes.

17.6. Lack of cooperation or failure to implement policies and programs as directed.

17.7. Failure to maintain current drivers license, auto insurance, and general liability insurance as stated in the contract clauses.

APPENDIX A

MOWING

1. FACILITIES TO BE SERVICED. Hugo Lake Project Office, Kiamichi Park PUA, Salt Creek Cove PUA, Frasier Point PUA, Rattan Landing PUA, Group Camp PUA, Virgil Point PUA, Twin Coves PUA, Wilson Point PUA, Gun Range/Sawyer Bluff PUA, Bridgeview PUA, Overlook PUA, Embankment (includes upstream toes) and field to the west of the Overlook; See Table B and mowing maps in the Attachments..

2. FREQUENCIES AND TIMES OF SERVICE.

2.1 Mowing of improved areas shall be performed from 1 April through 15 October. The quantity listed in the pricing schedule is an estimated amount. The actual quantity needed in a given year may be fewer or greater than the quantity listed depending on environmental factors. If the quantity is greater, the contract will be modified to increase the quantity and the funding for these services.

2.2. Contractor shall begin work for mowing of embankment as specified below. The contractor shall initiate mowing within (3) calendar days of the date specified and complete the mowing within 15 calendar days after work is initiated.

April 15th, May 15th, June 15th, July 15th, August 15th, September 15th, October 15th

2.3. Contractor shall begin work for mowing of field to the west of the Overlook as specified below. The contractor shall initiate mowing within (3) calendar days of the date specified and complete mowing within 15 calendar days after work is initiated.

June 15th and October 1st

2.4. Mowing work shall be performed between 7 a.m. and 7 p.m.

2.5. The contractor shall perform all work in such a manner so as to minimize any inconvenience to the public.

2.6. Mowing of PUAs shall not be accomplished on Saturdays, Sundays, Federal holidays, or one workday before Federal holidays, unless approved by the COR.

2.7. The contractor shall not start work unless the grass and ground are dry enough for smooth cutting and equipment will not cause rutting of the ground. The contractor shall use good judgment in determining whether conditions are suitable for mowing operations. In cases where the contractor and the COR disagree about the suitability of conditions for mowing operations, the Contract Officer will determine whether work shall progress or stop.

3. DESCRIPTION OF WORK. Mowing shall be performed in the following areas:

3.1. Improved Areas are high use developed areas in PUAs that include campsites, playgrounds, shelters, restrooms, courtesy docks, and parking areas. This includes the 25-foot area around or joining these facilities, and roadways. Improved areas shall be mowed to an average height of 2 inches. Contractor shall not initiate a new mowing until the average native grass has reached a height of 6 inches. The limits of most of these areas are shown on the attached maps provided for each schedule (Exhibit 8, Mowing Area Maps, Attachments).

3.1.1. Areas around oxidation ponds shall be mowed from the edge of the water to a point 10 feet outside the fences.

3.1.2. Mowing of areas adjacent to all roads and parking areas shall be mowed to the top of the back slope of ditches. If ditches do not exist, mowing shall be accomplished for a distance of 25 feet from each edge of the road or parking area or to the tree line. These limits shall not be confused with the mow lines referenced in the maps found in the Attachments when the roads or parking areas are located where the mow line will extend past 25 feet, the tree line or the top of the ditch line.

3.2. Embankment includes the dam embankment and upstream/downstream toes. These areas shall be mowed to a height of 4 inches each time they are mowed. Trimming shall be accomplished within a 3 foot diameter area around the guardrail (upstream and downstream), guard posts, piezometers, relief wells, manholes, and all vertical objects protruding from the ground within these areas. These areas shall be trimmed to a height of 4 inches.

3.2.1. Contractor shall mow to the tree line from the upstream and downstream toes of the dike or to the guardrail as applicable.

3.3. Field west of Overlook includes field located between the embankment and highway 70. This area shall be mowed to a height of 4 inches each time it is mowed. No trimming is required in this area. This area may only be required to be mowed during the base year of the contract due to inclusion in our agriculture and grazing lease program in the fall of 2019. Upon inclusion into the agriculture and grazing lease program, this area will not need to be mowed and cannot be invoiced for.

3.4. Trimming. Each time mowing is accomplished; trimming shall be performed around all vertical objects protruding from the ground within the mowing limits. This is including but not limited to trimming along railroad ties (landscaping timbers) delineating pullouts, fences, under picnic tables, and on pullouts. Trimming and/or herbicide spraying shall be performed in rip-rapped areas adjacent to campsites. Vegetation in ditches throughout mowing area and growing through paved surfaces shall be trimmed.

3.5. Edging shall be accomplished along all concrete walkways and curbs that are flush with the ground every time improved areas are mowed.

3.6. Cleanup. Prior to mowing, the contractor shall remove rocks/debris that are likely to damage equipment or be thrown by the mower and trash from the mow area. After mowing is accomplished, the contractor shall remove vegetation and debris from toilet floors, parking lots, paved roadways, paved walkways, paved campsite pads, pullouts, picnic table slabs and picnic shelter slabs.

3.7. Herbicide Spraying. The contractor may apply herbicide to control vegetation growing in the cracks of paved surfaces, on gravel campsites, campsite impact areas, or the interior of the oxidation ponds from the water line to top of embankment on the inside slope. Herbicide may be applied to rip-rapped areas adjacent to campsites in lieu of trimming. For general use pesticides, the contractor shall complete the Tulsa District Pesticide Management Training Requirement or possess a Certified Pesticide Applicator’s license respective to the State where the pesticide is being applied. Application of restricted pesticides is limited to State Certified Pesticide Applicators or those working under direct supervision of personnel certified in applying restricted-use pesticides in the specific state categories commensurate with the work to be performed. The contractor shall submit information on the proposed use of any restricted use pesticides prior to their use to the COR or Contracting Officer for approval. Completion of the Tulsa District Pesticide Management Training Requirement or State Certified Pesticide Applicator’s license shall be provided to the COR or Contracting Officer prior to application of pesticides. The contractor is required to provide the COR or Contracting Officer an after application report within 10 business days of application including Herbicide trade name, EPA registration number, Target pest (e.g., Johnson Grass or All Vegetation), Location description, Total estimated acres treated, and quantity of actual pesticide used (quantity of pesticide not the total volume of mix). Any herbicides applied below project flood pool (elevation 437.50’) shall be labeled for aquatic use. Soil neutralizers will not be allowed for use in herbicide mixtures. Spraying of herbicides shall not be used in lieu of trimming around vertical objects or edging along concrete walkways or curbs. Special care shall be taken when applying herbicides to not allow overspray outside the approved areas allowed for treatment.

3.8. Special Requirements.

3.8.1. The contractor shall immediately report all emergency situations, accidents, vandalism, public disturbances and violations of Title 36 CFR to Corps Rangers or local law enforcement personnel, regardless of the time of day or night.

3.8.2. The contractor shall report to the COR all information concerning either lost or found property on forms provided by the Government. Found property shall be safeguarded by the contractor and promptly turned in to an authorized Corps employee.

3.8.3. Landfill Restricted Items and Recycling Programs. The contractor shall not place any items, whose disposal in landfills is restricted, in any of the public trashcans or dumpster units. Disposal of hazardous items such as tires, batteries, and paint cans, etc. shall be coordinated with the Project Environmental Specialist. The contractor shall participate in all recycling programs instituted by the Government during the contract term and shall maintain recycling areas/containers in a safe and clean condition and as directed by the COR.