Attachment_07_-_Area_07_OF-RA_PWS.pdf

PEFORMANCE WORK STATEMENT

RATHBUN LAKE PROJECT

MOWING AND TRIMMING SERVICES

RATHBUN LAKE PROJECT

Rathbun, Iowa 52544

PART 1 GENERAL

1.1 PROJECT LOCATION AND DISCRIPTION

The Rathbun Lake Project is located on the Chariton River in Appanoose County, Iowa. It is approximately 5-miles north of Centerville, Iowa, and about 16-miles north of the Iowa-Missouri state line. The project consists of two earthen dam embankments with a combined total length of 10,120-feet. The project also consists of dam appurtenances, an office, a maintenance compound, public use areas (recreation) and lands, and a system of roads and parking areas. Many of the areas associated with the project that are grass covered require routine mowing and trimming to ensure dam safety as well as visitor safety and provide for maintained premises to ensure weed control and the prevention of areas becoming overgrown.

The Rathbun Lake Project Administrative Building and Complex is located at:

U.S. Army Corps of Engineers

Rathbun Lake Project

20112 Hwy J5T

Centerville, Iowa 52544

Refer to the attached overall plan view sheet for the relative locations of individual areas subject to mowing and trimming required in accordance with this contract. Twenty additional plan view sheets are attached identifying the individual areas and mowing levels subject to mowing and trimming required in accordance with this contract.

1.2 PERFORMANCE WORK STATMENT (PWS), PERIOD OF PERFORMANCE, AND OFFER

PREPARATION

1.2.1 General: The PWS consists of overall coordination, completing paperwork, completing submissions, providing labor, providing necessary equipment and supplies, and all that is necessary for providing mowing, trimming, and other requirements as defined by contract for the areas identified within the contract documents

1.2.2 Period of Performance: The contract’s base Period of Performance (POP) is from 17 April 2017 (or upon award whichever is later) through 29 September 2017. In the event the Government exercises each option period, the contract’s option POP is from 16 April 2018 (or upon award whichever is later) through 28 September 2018

(Option Period 1); from 15 April 2019 (or upon award whichever is later) through 27 September 2019 (Option

Period 2); from 20 April 2020 (or upon award whichever is later) through 2 October 2020 (Option Period 3); and from 19 April 2021 (or upon award whichever is later) through 1 October 2021 (Option Period 4).

1.2.3 Services Minimum and Maximum: The Contractor shall refer to, “Section B – Supplies or Services and

Prices”. The Contractor is encouraged to review the individual items. Items may include a minimum quantity and a maximum quantity. The basis for the Contractor submission shall be the value within the Quantity column (that is the not to exceed quantity or the maximum quantity), however dependent upon need, the Government may only order the minimum quantity indicated within the item entry or any quantity more than the minimum quantity up to and including the maximum quantity.

1.2.4 Best Value: This is a best value type contract selection process. Contractors are encouraged to provide all pertinent information with the offer, such as resumes, past performance questionnaires, equipment, and references that demonstrate the qualities that are supportive to satisfactory contract performance.

1.2.5 Contractor Understanding of the Contract Services: The Contractor is responsible for the requirements of this contract and is encouraged to review the document in detail and to provide inquiries to the Government as necessary prior to preparing an offer. The Contractor is also encouraged to visit the project to obtain an onsite understanding of the project features associated with the contract requirements.

1.2.6 Equipment Submission with the Offer: The offer shall include a list of current owned or leased mowing equipment that demonstrates the work can be completed as required by contract and will be a consideration with the award of this contract.

1.3 DEFINITIONS, ABREVIATIONS, AND ACRONYMS

1.3.1 General: The Contractor is to review the PWS and ensure an understanding of definitions, abbreviations, and acronyms used throughout the PWS (text and drawings). The list within Paragraph 1.3 may not be all inclusive of those used with the PWS (text and drawings).

1.3.2 Accident Prevention Plan (APP): Document developed and utilized by the Contractor to minimize the risk of accidents during the performance of the contract requirements.

1.3.3 Best Value: Best Value assessment is compliant with FAR 8.404 and to the extent the item will best be of use to the project location and description.

1.3.4 Contracting Officer: Primary Government contracting representative for this contract.

1.3.5 Contracting Officer’s Representative (COR): Individual designated and authorized in writing by the

Contracting Officer to perform specific technical and/or administrative functions regarding the contract.

1.3.6 Contractor: Company structure including partners, officers, and employees with interest in the contract. For the purposes of this contract it may also be a reference to Contractor or employee of the Contractor.

1.3.7 Defect or Deficiency: A Contractor output that does not meet the standard of performance specified in the contract.

1.3.8 Fully-Clothed: Contract requirement for the Contractor and Contractor’s employees to be professionally attired, such as with appropriate shirt, trousers, and shoes that also includes compliance with safety requirements.

1.3.9 Major Holidays: For the purposes of this contract, the major holidays are Memorial Day, 4th of July

(Independence Day), and Labor Day.

1.3.10 Mowing Order: A document provided by the Government via email, facsimile, or other agreed upon means identifying Contractor mowing, trimming, and other contract requirements for a future period of time. At the

Government’s discretion, the mowing order may be a verbal notification with a document to follow prior to the end of the identified mowing period.

1.3.11 Period of Performance (POP): The contract time table for performance of services. As necessary, there may be contract activities required outside the POP dates, such as coordination and the pre-work conference. For this contract the Contractor is to refer to Paragraph, Period of Performance, for the POP dates.

1.3.12 Public Use Area (PUA): Areas within the project limits that are generally accessible to the public except under certain circumstances.

1.3.13 Performance Work Statement (PWS): Document that is part of the contract that defines the products and services.

1.3.14 Quality Assurance (QA): A Government process to monitor/provide some measure of quality assurance of the contract requirements.

1.3.15 Quality Assurance Surveillance Plan (QASP): A document used by Government for quality assurance surveillance.

1.3.16 Quality Control (QC): Contractor requirement and processes to control and ensure the quality of goods and services provided in accordance with the contract.

1.3.17 Service Contract: A contract that directly engages the time and effort of a Contractor with at least part of the contract purpose to perform an identifiable task or tasks. The service contract may cover services performed by either professional or nonprofessional personnel or by an individual or organization as identified within these contract documents.

1.3.18 Standard of Performance: The standard of performance is Contractor compliance with the requirements of this Contract.

1.3.19 Trash: Any abandoned articles, such as paper, used cups, cans, bottles, litter, branches, or similar waste items encountered during the services of this contract. Refer to the paragraph, LOST ITEMS, for those items that are apparent not to be trash but may have been lost or misplaced by the Government or the public.

1.4 SUBMITTALS

1.4.1 General: Prior to each POP and as required by this contract, the Contractor shall provide to the Government the submittals identified within this contract and submittals that are identified as necessary to ensure performance compliance. The Contractor shall allow five working days for Government review of each submittal. The

Government will respond to the Contractor’s submittals with email, fax, or postal mail per the Contractor’s requested preference to the Government. The Government’s approval of submittals shall not be construed as a complete check of the contract requirements. Government approval will be an indication of a satisfactory submittal of the general method of compliance with the requirements of the contract. Government approval will not relieve the Contractor of the responsibility for contract compliance. Government disapproved submittals shall be resubmitted by the Contractor addressing corrections and contract compliance. At the discretion of the Government, the Contractor may be directed by the Government to proceed with work in advance the submittals; however, the

Contractor shall practice due diligence and continuity with the submittal process. One copy of each submittal shall be provided as follows:

postal mail or drop off to:

U.S. Army Corps of Engineers

Kansas City District—Rathbun Lake Project

20112 Hwy J5T

Centerville, Iowa 52544

Attn: John Pasa or email to:

john.p.pasa@usace.army.mil

(it is the Contractor’s responsibility to confirm Government receipt of the email)

1.4.2 Personnel: The Contractor shall submit personnel information in accordance with the requirements of this

1.4.3 Plan of Operations: The Contractor shall submit a plan of operations. If the Government has comments, the

Contractor shall meet with the Government prior to performing the work of this contract to resolve the comments.

The plan of operations shall address, as a minimum, personnel qualifications, personnel protective equipment and attire, protection of the public, traffic control, an understanding of the requirements of the contract, an understanding of the terrain, protection of project features from damage, selection of equipment, and site and mailto:john.p.pasa@usace.army.mil weather conditions pertinent to the requirements of this contract. Supporting documentation shall be included as part of the plan of operations that demonstrates compliance with this contract.

1.4.4 Antiterrorism and Operation Security Requirement: The Contractor shall submit as required per the paragraph, SECURITY.

1.4.5 Site-Specific Accident Prevention Plan (APP): The Contractor shall prepare and submit a site-specific APP compliant with the requirements of this contract.

1.4.6 Quality Control Plan (QCP): The Contractor shall submit to the Government the Contractor Quality Control

Plan in accordance with these contract requirements.

1.4.7 Equipment and Tools: The Contractor shall submit to the Government the proposed equipment and tools for use to perform the contract services.

1.4.8 Insurance: Prior to the beginning of each POP, the Contractor shall submit proof of insurance as required by this contract.

1.5 POST AWARD COORDINATION

After award of the contract, documents and correspondence from the Contractor to the Government shall be to the

Contracting Officer’s Representative (COR) at the Rathbun Lake Project Office.

1.6 CONTACT INFORMATION

Within three (3) Government working days of award, the Contractor shall provide Contractor contact information, such as home telephone, cell phone, email address, and postal mail address. The Contractor shall identify modes of available communication, such as email, texting, and voicemail. If the Contractor plans to use other personnel, such as quality control personnel, for Government contact, the Contractor shall provide the same contact information to the Government upon selection of personnel assignments.

1.7 MEETINGS

1.7.1 Pre-Work Conference: Prior to the Contractor performing the work of this contract, the Contractor shall participate with the Government in a pre-work conference. The pre-work conference will be scheduled by the

Government and will occur at the Rathbun Lake Project office. The Contractor is to provide all submittals, unless otherwise directed by the Government, to the Government no later than the scheduled pre-work conference. The pre-work conference is required prior to the beginning of each POP.

1.7.2 Meetings As Needed: Other meetings as needed shall be at the request of the Contractor or the Government.

The Government will be responsible for coordinating the day, time, and location of meetings.

1.8 INVOICING AND PERSON HOUR REPORTING

1.8.1 Invoicing: Contractor invoicing for the work within a mowing order is to be provided to the Government no sooner than completion of the work within the mowing order. The Contractor may submit invoices using the same processes as identified for the contract submittals or the Contractor may propose an alternate method. The invoice shall use ink that is legible when the document is copied, scanned, faxed, or emailed. In the event the Contractor was unable to complete all of the work within the mowing order and if the reduction of the work is approved by the

Government, the Contractor may invoice but the invoice shall be limited to the work that was completed by the

Contractor.

1.8.2 Payment: Payment shall be made via Electronic Funds Transfer (EFT) into the Contractor’s banking account.

In accordance with the Prompt Payment Act, payment will be made to the Contractor no later than thirty (30)-days from receipt of the invoice. The Contractor shall notify the Government if a payment occurs beyond the thirty (30)-days.

1.8.3 Performance and Invoicing: The Contractor shall certify on the invoice that all contract services were performed in accordance with the contract and the mowing order. The Contractor shall not invoice for the part of the mowing order the Contractor did not perform in accordance with the contract.

1.8.4 Other Services: Services rendered by the Contractor outside the requirements of this contract shall not be compensated unless first approved with documentation signed by the Contracting Officer.

1.8.5 Contractor Exposure Hours: The Government is required to submit monthly the contractor exposure hours for the respective month. The Contractor is to track the number of person hours completed each month to perform the services of this contract and submit to the Government within five (5)-days following the end of the month the number of person hours for that month.

1.9 INSURANCE

Prior to each POP and prior to beginning work of this contract, the Contractor shall provide to the Government documentation demonstrating compliance with the following minimum insurance requirements:

INSURANCE REQUIREMENTS

TYPE/DESCRIPTION COVERAGE

Workmen’s Compensation Coverage complying with applicable State statute

Employer’s Liability $100,000 (minimum)

General Liability/Bodily Injury $500,000 (minimum) per occurrence

Automobile Liability

$200,000 (minimum) per person

$500,000 (minimum) per occurrence

$ 20,000 (minimum) property per occurrence

Coverage amounts listed above are minimums. If higher limits of coverage are required by State statute, the

Contractor shall be responsible for obtaining such additional coverage, and the Contractor shall provide to the

Government documentation demonstrating compliance with the State statute. Information regarding State requirements may be obtained by contacting the Iowa Insurance Division at 515-281-5705.

The Contractor shall maintain the required insurance coverage throughout the duration of each POP.

1.10 SAFETY

1.10.1 General: The Contractor shall provide all necessary means and processes to protect personnel, the public, and the Government personnel from potential safety hazards associated with this contract’s required activities. The

Contractor shall be compliant with all local, state, and federal requirements; with industry standards; and with FAR

52.236-13(c) which requires Contractor compliance with EM 385-1-1, Safety and Health Requirements Manual (30

November 2014). The document is accessible at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.10.2 Site-Specific Accident Prevention Plan (APP): The Contractor shall prepare and submit a site-specific APP compliant with EM 385-1-1, Safety and Health Requirements Manual (30 November 2014). The document is accessible at:

The Contractor is to refer to Appendix A, “Minimum Basic Outline for Accident Prevention Plans” of EM 385-1-1.

1.10.3 Grades and Escarpments: The mowing and trimming limits include areas with near vertical escarpment and steep grades. Prior to each mowing and trimming, the Contractor shall assess the mowing and trimming limits and complete operational adjustments to ensure safe operations. The Contractor shall coordinate with the Government as necessary at locations identified as a safety concern.

1.10.4 Public Safety: The mowing and trimming limits include areas adjacent to public roads and driveways and within public use areas, such as those accessible for fishing and camping facilities. The Contractor shall assess the mowing and trimming limits and complete operational adjustments to ensure safe operations. Campsites may include below and above grade sewer lines, electrical lines, communication lines, water hook-ups, and camping equipment that the Contractor shall complete mowing and trimming services without impacting the features or causing an unsafe condition.

1.10.5 Unsafe Situations: The Contractor shall immediately report to the Government any situation that could affect the health or safety of personnel, the public, or Government employees, such as accidents, violations of laws or regulations, maintenance needs, o r utility problems.

1.11 SECURITY

1.11.1 ANTITERRORISM/OPERATION SECURITY REQUIREMENTS

1.11.1.1 General: All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures

(provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.11.1.2 Information Paper: All contractor and all associated sub‐contractors employees will receive a CORPS

Watch information paper (provided by the authorized government representative) and provide a written acknowledgement to the COR, no later than 5 calendar days after contract start date or effective date of incorporation of this requirement into the contract.

1.11.1.3 Employment Requirements: The Contractor must pre‐screen candidates using the E‐verify Program

(http://www.dhs.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 to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible candidates must be provided to the

COR no later than 3 business days after the initial contract award.

1.11.1.4 Exemptions: Per the E-Verify Website the following exemptions apply: employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E-Verify. A contract is considered exempt if any one of the following applies: (1) It is for fewer than 120 days. (2) It is valued at less than $150,000, the simplified acquisition threshold (Source: http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions).

1.11.1.5: All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.11.2 Minimal Requirements: Only personnel compliant with the requirements of this contract are authorized to perform the work of this contract. The Contractor shall submit all personnel information to the Government sufficient to perform background checks. The Government may obtain the fingerprints of personnel performing work of this contract.

1.11.3 Government Property: The Contractor shall include measures to ensure the security of Government property.

The Contractor shall establish and implement methods to ensure Government provided keys for the Contractor’s use are used only for the purposes of this contract, are not lost or misplaced, and are not used by unauthorized http://www.dhs.gov/E‐Verify http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions persons or for unauthorized purposes. The Contractor shall immediately report to the Government lost or misplaced keys or any other items that may pose a security risk.

1.12 CONTRACTOR AND EMPLOYEE PERSONNEL

1.12.1 General: Personnel performing the services of this contract shall present a professional appearance and be fully clothed at all times. Clothing is not allowed with displays, such as graphics, wording, and advertising.

Personnel shall utilize tact, diplomacy, and courtesy at all times during contact with the public and with

Government personnel.

1.12.2 Personnel Replacement: The Government may require personnel considered by the Government to be incompetent to be replaced with personnel capable of performing the work of this contract. The Government will provide written notice to the Contractor.

1.12.3 Firearms and Weapons: The Contractor and Contractor’s employees shall not possess firearms during the performance of this contract.

1.12.4 Smoking Policy: Smoking is not allowed in Government buildings and is not allowed while in direct contact with the public.

1.13 QUALITY ASSURANCE

1.13.1 General: Quality assurance is the responsibility of the Government and will be based on the Government’s developed and administered Quality Assurance Plan (QAP). Subject to available resources, the Government will perform quality assurance surveillance of the Contractor services of this contract to assess Contractor performance and the effectiveness of the Contractor’s Quality Control Plan. The Government reserves the right to inspect all services called for by the contract to the extent practicable at all times and places during the term of the contract. The Government will perform quality assurance inspections in a manner that will not unduly delay the work. At the Government’s request the Contractor shall coordinate with the Government to allow the Government to monitor the Contractor’s real time performance of the contract services.

1.13.2 Unsatisfactory Performance: The standard of performance is Contractor compliance with the requirements of this Contract. If the Contractor performed services do not conform to the contract requirements, the Contractor shall immediately perform the services compliant with the contract and at no additional cost to the Government.

When the contract performance deficiency cannot be corrected by immediate Contractor performance, the

Government may require the contractor to take necessary action to ensure that future performance conforms to contract requirements, and the Government may reduce the contract price to reflect the Contractor’s deficient performance. If the contractor fails to promptly perform the services or take the necessary action to ensure future performance in conformity with contract requirements, the Government may by contract, or otherwise, perform the services and charge to the Contractor any cost incurred by the government that is directly related to the performance of such service or appropriately reduce the Contractor’s invoice or terminate the contract.

1.14 QUALITY CONTROL

1.14.1 General: Project quality control is a responsibility of the Contractor. The Contractor shall develop a

Quality Control Plan (QCP) designed to demonstrate how that Contractor will facilitate contract performance. The

QCP shall address requirements of the contract, documentation, processes put in place to ensure quality performance, and measures to correct unsatisfactory performance. Quality control inspection shall be documented and maintained by the Contractor throughout the duration of the contract, and if requested by the Government, made available to the Government.

1.14.2 Unacceptable Performance: In the event of unacceptable contract performance, the Contractor shall immediately complete the services compliant with the contract. The Government may require the Contractor to submit a correction plan addressing the deficiency as well as corrective measures.

1.15 JURISDICTIONAL COMPLIANCE AND PERMITS

The Contractor shall comply with all Federal, State and Local laws, ordinances, statutes and regulations in performance of services under this contract. The Contractor shall be responsible for obtaining required permits.

1.16 OTHER CONTRACTORS AND ACTIVITIES

The Contractor shall perform the work of this contract in manner accounting for other Contractor activities, Government activities, Government authorized volunteer activities, and others activities in the vicinity of the contract work. All coordination, direction, and supervision of others shall only be by the Government.

1.17 ILLEGAL OR CRIMINAL ACTIVITY

Contractor illegal or criminal activity may result in termination of the contract.

1.18 DAMAGE OR VANDALISM

The Contractor shall report to the Government no later than the morning of the next Government working day observed damage or vandalism, facilities requiring repair, or facilities not properly functioning within the Rathbun

Lake Project.

1.19 LOST ITEMS

The Contractor shall deliver to the project’s Administration Building items discovered during the performance of this contract that may have been lost or misplaced by the public. As appropriate, the Contractor shall inform the public to contact or visit the project’s Administration Building to reclaim lost or misplaced items.

1.20 GOVERNMENT FURNISHED ITEMS AND SERVICES

The Government will furnish the following items to the Contractor:

* Keys

* Vehicle magnetic contractor signs (may or not be provided at the discretion of the Government)

The Contractor shall be responsible for these items throughout each POP and shall return the items at the conclusion of each POP. The Contractor shall not make or have copies made of the keys. Failure to return the

Government furnished items as required by contract, may result in withholding of payment.

1.21 CONTRACTOR EQUIPMENT AND TOOLS

1.21.1 General: The Contractor shall submit a list to the Government of Contractor equipment and tools proposed for use as part of this contract. Except for those items or services specifically stated otherwise, the Contractor shall furnish, at no additional expense to the Government all that is necessary to perform the contract services. The

Contractor’s equipment shall be of number, quality, size, and type suitable for satisfactorily accomplishing the services of this contract. Equipment that is used in the turf areas must not leave tracks or ruts. Motorized equipment must include a functioning muffler. The equipment shall include the manufacturer’s safety equipment and shall be in-place and utilized during the services of this contract. At no additional cost to the Government, the

Contractor shall complete operational and equipment adjustments as necessary if the equipment and tools are not sufficient to complete the work in the allotted time. The Contractor’s equipment shall be in good repair and shall operate efficiently and safely, and shall be maintained clean to present a neat, professional appearance. The

Government may inspect the Contractor’s equipment and tools at the beginning and throughout the POP, and the

Government may, as warranted, direct the removal of any improper or unsafe equipment and tools. Such items shall be removed from service by the Contractor and shall be replaced with satisfactory equipment. Equipment breakdown shall not relieve the Contractor of the responsibility to perform the contract defined services. The equipment and tools requirements identified within the contract are not all-inclusive, and it is the Contractor’s responsibility to provide appropriate equipment and tools necessary to perform the services of this contract.

1.21.2 Mowing Equipment: Mowing equipment shall be equipped with adjustable side mounted wheels or skids capable of producing a uniform cut parallel to the lay of the ground and will not mark or scar the ground surface.

The mowing equipment features shall include a cutting height adjustment ranging to comply with the mowing requirements for each mowing level. Mowing equipment, such as the blades, shall be operated and maintained or replaced as needed to assure a uniform, clean grass cut to the height required by the contract. The mowing equipment shall discharge and distribute grass clippings evenly over the ground or bagged and removed from the project to prevent or eliminate clumps or windrows within the mowing area. Mowers shall be equipped with devices to prevent objects from being thrown from the mower.

1.21.3 Trimming Equipment: Trimming equipment shall consist of power hand mowers, "weed-eaters" or other type power trimmers, weed whips, and other equipment and tools as are appropriate for the trimming requirements of this

1.21.4 Vehicle and Trailers: Transportation vehicles and trailers as necessary for transporting equipment and tools and coordinating during the performance of the services of this contract.

1.22 SITE AND WEATHER CONDITIONS

In general, the Contractor shall select equipment and tools that allow performing operations in various weather and site conditions while maintaining safe operations and not causing damage. In the event that site conditions or weather are to the extent that prevent the Contractor from performing the services of this contract in a safe and non-damaging manor, the Contractor shall notify the Government of the condition and request a time extension. This may apply to all or part of the areas subject to mowing and trimming. The request for a time extension shall include the Contractor’s plan to complete the services. The Government may require the Contractor to extend the daily operational hours or extend Contractor performance into the weekend as necessary to complete the required services.

1.23 PUBLIC USE AREA (PUA) USAGE

PUA may periodically require the placement of additional tables and other equipment. The increased number of items may occur during times of required mowing and trimming services. The Contractor may temporarily relocate the items to facilitate mowing or may use trimmers to mow with the items in-place. If the items are temporarily moved, the items shall be placed at the original location upon completion of mowing of the area. The mowing order provided by the Government will identify scheduled activities when an activity is scheduled to occur during the mowing hours and days. The Contractor shall schedule mowing and trimming so as not conflict with the scheduled activity. These Contractor services shall be completed at no additional cost to the Government.

1.24 FIXED FEATURES VARIANCES

During the course of this contract, the Government may permanently add to the mowing and trimming areas trees, signs, facilities, equipment, and other items necessary for the operations, maintenance, and upkeep of the areas subject to mowing and trimming services. The Government may add up to a net of 150-items the first year and up to a net of 100-items each subsequent year. The Contractor shall perform mowing and trimming services of these areas at no additional cost to the Government. These quantities are net values; for example, if the Government adds 2-sign posts but eliminates 1-tree (including stump removal and site restoration), then the quantity added is 1 item.

The Contractor is to track the number of features added and subtracted from the mowing areas. In the event the

Government exceeds the allowed net quantity, the Contractor may request an adjustment to account for inefficiencies and general operational wear. The request shall be provided in advance of the first mowing and trimming services since the Government exceeded the allowed net quantity and shall address each feature with the date (may be an approximate date) of placement or removal and the location relative to each mowing level area.

Once the Contractor has submitted the request, the Government will provide further direction as to proceeding with mowing and trimming. An equitable adjustment will be processed to the extent allowed by the contract documents.

1.25 HIGH POOL EVENTS AND OTHER ACTIVITIES

High lake levels may inundate portions of the identified mowing areas. In the event that inundation or the after effects of the inundation affects the services of this contract, the Contractor shall, if requested by the Government, submit a pricing proposal covering the unserviceable or affected portion of the work in order that an equitable adjustment to the contract price can be negotiated and allow for a contract scope, price, and other adjustments in accordance with the contract clauses. Payment for services not performed due to the high lake levels shall be withheld, and compensation shall be provided in the amounts and at the time of the execution of an equitable adjustment by contract modification. This same process shall also be followed in the event of removal of areas from the mowing and trimming services for activities other than high pools, such as changed land usage and other construction.

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

3.1 GENERAL

Work shall be compliant with the requirements of this contract. The Contractor shall provide all management, labor, equipment, tools, supplies, and all that is necessary to provide the services of this contract. Each area shall be mowed, trimmed, and other efforts as required in accordance with the contract requirements and per each mowing order so as to provide for a clean, neat, and professional appearance. All mowing shall be completed in an area prior to moving to another area. Mowing will not be permitted within areas where the ground is so wet that the mowing operations cause rutting or otherwise disturb or damage existing turf. Mowers shall be operated in such a manner as to protect against the sod being torn or worn by the wheels on turns. Mowing patterns shall be adjusted from mowing to mowing to avoid developing tracks within the sod.

3.1.1 Mowing Order: The Government shall issue a mowing order to the Contractor identifying the services to be performed for each defined period of time. In accordance with the contract, the Government shall provide for the following number of mowing orders during each POP:

MOWING AND TRIMMING SERVICES

LEVEL UNIT

MINIMUM

NUMBER

MAXIMUM

NUMBER

LEVEL 1 PER MOWING 22 24

LEVEL 2 PER MOWING 10 15

LEVEL 3: DAM EMBANKMENT AREAS PER MOWING 6 8

LEVEL 3: LAGOON & SPRINKLER FIELD AREAS PER MOWING 6 8

LEVEL 3: SHORELINE, REMOTE, AND MISC AREAS PER ACRE 36 174

The Government may only order the minimum quantity indicated within the table above or any quantity more than the minimum quantity up to and including the maximum quantity. The basis for ordering services beyond the minimum quantity will be dependent upon growing, site, and weather conditions and will be at the Government’s discretion.

3.1.2 Work Sequencing and Operating Hours: Except as noted, mowing and trimming services shall be performed

Monday through Friday between the hours of 7:30 a.m. and 8 p.m. Work will not be permitted on Saturday, Sundays, and holidays unless first approved by the Government. In general, the Contractor shall maintain the same mowing and trimming sequence with each occurrence; deviations require approval by the Government. The

Contractor shall schedule and stage the work so that the work within the mowing order is continuous and completed within the week specified, Monday through Friday. The Contractor shall stage and schedule the work at the earliest period within the week whereas the weather and site conditions are favorable for the services of this contract. This is necessary to avoid scheduled work towards the tail end of the available period not being completed because of unfavorable weather or unfavorable site conditions. A week with the greatest number of mowing and trimming services may include: Level 1 Services, Level 2 Services, and Level 3 Services (generally will not schedule all three sub-segments of Level 3 Services during the same week as both Level 1 and Level 2 Services).

3.1.3 Coverage Areas: The Contractor is to refer to the attached plan views for coverage areas. The Government will provide, at the Contractor’s request, enlargement of areas to better identify the detail of the mowing limits.

Identified area or length amounts subject to the services of this contract are approximate and within a reasonable plus or minus of the stated amounts. All measurements are on the horizontal and do not account for ground topography slopes. The Contractor may perform field determinations of actual areas prior to performing the services of this contract. If there is a significant difference between the stated area and the field determined area, the area will either be adjusted in the field or a cost adjustment will be applied to the contract. The field method of determining the coverage area shall be in the horizontal plane and shall be approved by the Government prior to completing the field measurement. Estimated acreages are as follows:

* Level 1 Services: 144 acres

* Level 2 Services: 95 acres

* Level 3 Services (Dam Embankment Areas): 50 acres

* Level 3 Services (Lagoon and Sprinkler Field Areas): 15 acres

* Level 3 Services (Shoreline, Remote, and Miscellaneous Areas): 58 acres

Mowing and trimming limits shown on the plan views provide the Contractor with the locations of each mowing area. In general, the Contractor shall mow and trim within these areas in accordance with the previous season’s mow and trim limits. In some instances there are areas requiring mowing and trimming that have not been mowed or trimmed during the previous season and the actual limits are not evident based on the plan views and field conditions. In these areas, the Government will meet with the Contractor to define the actual limits but the limits will not be more than the indicated number of acres.

3.1.4 Non-Attached Obstacles: Non-attached features located within the mowing limits shall be temporarily moved and the area around and under each feature shall be subject to mowing and trimming services. Immediately following the mowing and trimming services, the features shall be returned to the original locations. The Contractor may, in-lieu of temporary relocating non-attached features, may provide mowing and trimming services with the feature in-place. Mowing shall not be within 12 inches of any object.

3.1.5: Trash and Other Items: Prior to mowing and trimming, the Contractor shall remove from the mowing and trimming area all trash and other items not intended to be mowed and trimmed or are apparent not to left in-place.

For direction and guidance for processing removed items, the Contractor shall refer to the Paragraph, Disposal, and the Paragraph, LOST ITEMS.

3.1.6 Fixed Features and Temporary Features: Mowing shall not be within 12 inches of any fixed feature. On occasion the Government or the Government’s representative, may place temporary items in the field, such as wire flags. The Contractor shall protect these features from damage or displacement during mowing and trimming operations.

3.1.7 Roads: Mowing and trimming cuttings discharged onto hard surfaced roadways are an unacceptable to risk to traffic when the cuttings provide for a slippery surface. The Contractor’s operations shall avoid placement of cuttings onto hard surfaced roadways. If placement onto a hard surfaced roadway is unavoidable, then the Contractor shall remove the cuttings once the equipment or action causing the placement onto the hard surfaced roadways are of sufficient distance to no longer cause placement. If there is a break in the operations, then the cuttings are to be removed from the hard surfaced roadways immediately prior to the break. If the cuttings create a slickened road surface and the Contractor cannot avoid placement onto the hard surfaced roadway, then the Contractor shall post signs warning of the road conditions and shall remain in-place until the roadway is cleared of the cuttings. Processes associated with these activities shall not result in creating windrows or accumulation of cuttings onto the grass areas.

3.1.8 Hard Surfaced Features and Interior Areas: Mowing, trimming, and other practices are to be completed as such to avoid placement of cuttings or other items on the adjacent hard surfaced features or into or onto structure interiors, such as buildings, walls, water fountains, sidewalks, and pavements within areas used by pedestrians. If placement into a structure or onto hard surfaced areas is unavoidable, then the Contractor shall remove the cuttings or other items once the equipment or action causing the placement into the structure or onto the hard surfaced areas are of sufficient distance to no longer cause placement. If there is a break in the operations, then the interior areas and hard surfaced areas are to be removed of all cuttings or other items placed as result of this contract’s operations immediately prior to the break. Processes associated with these activities shall not result in creating windrows or accumulation of cuttings onto the grass areas.

3.1.9 Disposal: Disposal of items collected prior to mowing and trimming operations are the responsibility of the

Contractor. Items hauled offsite are to be disposed at authorized locations. Offsite transportation of trash for disposal shall require a containment unit (all sides) or the items shall be bagged and transported within a containment unit or a unit covered with a secured tarp. Placement of items within the onsite refuse containers will be permitted if the items are: not woody vegetation; not a risk for igniting or are a fire hazard; are accepted at the local refuse transfer station; and are within tied, closed bags that are appropriate for the contents within the bag.

Woody vegetation collected prior to mowing and trimming operations is to be placed within a brush pile designated by the Government. In addition to the above, the Contractor shall comply with all local, state, and federal handling, transportation, and disposal requirements.

3.1.10 Areas Not Accessible to the Public: In general and as required, the Contractor shall maintain access control with each access and departure of a secure area to prevent public access. In addition, during the POP there may be incidents not anticipated at the time of this contract, such as a high lake level or construction activity, that may require barricading from the public areas identified within this contract. Within those areas removed from public access, the Contractor shall complete the service of this contract in accordance with each mowing order. If the area has locking capability, keys or access coordination will be provided to the Contractor and the area shall remain secured during this period to prevent public access. If barricades are used to secure the area, then the Contractor shall move the barricades sufficiently to allow access but shall close the barricades with each access and departure.

Some unanticipated incidents may require the Contractor to use a different route than would normally be used by the

Contractor.

3.1.11 Protection of Features and Responsibility for Damages: The Contractor shall be responsible for protection of all features. The Contractor is responsible for repairing or replacing in-kind products or project features damaged by the Contractor through no fault of the Government. When damage occurs to items owned by others as a result of the contractor’s operations, the contractor shall immediately contact the Government and the party sustaining the damage; claims of damage shall be settled promptly at no additional cost to the Government.

3.2 TRIMMING SERVICES

3.2.1 General: Trimming shall be required for all Level 1 through Level 3 Services except, Level 3 Services—

Shoreline, Remote, and Miscellaneous Areas. Trimming shall be completed for every other Level 1 Service

(beginning with the first Level 1 Service), for each Level 2 Service, and for each Level 3 Service. The Contractor may elect to perform a part of Level 1 trimming during a mowing and trimming and the remainder during the subsequent mowing and trimming; once established, the sequencing shall remain so as to ensure trimming services occur at least every other Level 1 Service for each feature. The Contractor shall provide trimming services for all features within and adjoining mowing areas whereas limited access or contract requirements prevent grass mowing, such as adjacent to rock or aggregate areas, adjacent to buildings, around posts, around trees, and areas beneath low hanging branches. The Contractor shall also provide trimming services for vegetation within graveled camp pads.

The Trimming height shall match the adjacent mowed grass height. Trimming operations shall be simultaneous or immediately following mowing and in all instances shall be completed no later than 48-hours of mowing the area.

Trimming equipment and operations shall be selected and completed to prevent damage to the adjacent feature.

3.2.2 Level 3, Dam Embankment Areas: In addition to the other trimming services contract requirements, trimming services shall be completed at dam embankment and foundation instrumentation devices prior to mowing services.

The extent of the trimming area at each dam instrument shall be in accordance with these contract documents and shall be sufficient to provide instrumentation visibility and equipment safe operations in the vicinity of the dam instrumentation. The extent of trimming shall account for the dam embankment slopes and the challenges with equipment navigating in the vicinity of the dam instrumentation.

3.2.3 Level 3, Lagoon and Sprinkler Field Areas: In addition to the other trimming services contract requirements, trimming services within the sprinkler fields are required around and along the irrigation lines and sprinkler heads and shall be performed with each mowing and trimming services occurrence. Trimming at the surrounding fence line is not required as part of these contract services.

3.3 LEVEL 1 SERVICES

Level 1 Mowing and Trimming Services shall be completed in accordance with these contract documents at the locations shown on the attached plan sheets. Mowing and trimming heights will typically be 3-inches within relatively flat areas and increased to 3.5-inches over relatively irregular areas to prevent scalping the turf. At the

Government’s discretion, mowing and trimming heights may be adjusted as necessary but not to exceed a height of

7-inches.

3.4 LEVEL 2 SERVICES

Level 2 Mowing and Trimming Services shall be completed in accordance with these contract documents at the locations shown on the attached plan sheets. Mowing and trimming heights will typically be 3-inches within relatively flat areas and increased to 3.5-inches over relatively irregular areas to prevent scalping the turf. At the

Government’s discretion, mowing and trimming heights may be adjusted as necessary but not to exceed a height of

7-inches.

3.5 LEVEL 3 SERVICES

3.5.1 Dam Embankment Areas: Level 3--Dam Embankment Areas, Mowing and Trimming Services--shall be completed in accordance with these contract documents at the locations shown on the attached plan sheets. Mowing and trimming heights will typically be from 5-inches through 7-inches; however once a height is selected, the height shall be maintained for the entire dam embankment areas for that mowing and trimming occurrence. At the

Government’s discretion, mowing and trimming heights may be adjusted as necessary but not to exceed a height of

7-inches. The contractor is required to report to the Government animal burrows, slides, wet areas or other out-of-place conditions observed while performing mowing and trimming services; conditions of the immediate concern, such as slides or wet areas, shall be immediately reported to the Government. Mowing and trimming services for the upper dam embankment slope may require specialized equipment. The equipment used shall not cause traffic patterns, rutting, or destruction of the sod.

3.5.2 Lagoon and Sprinkler Field Areas: Level 3--Lagoon and Sprinkler Field Areas--Mowing and Trimming

Services shall be completed in accordance with these contract documents at the locations shown on the attached plan sheets. Mowing and trimming heights will typically be from 5-inches through 7-inches; however once a height is selected, the height shall be maintained for the entire area for that mowing and trimming occurrence. At the

Government’s discretion, mowing and trimming heights may be adjusted as necessary but not to exceed a height of

7-inches. The vegetation at the water’s edge must be maintained in order to maximize air flow across the lagoons.

The elevation of lagoon contents may fluctuate. Inside slopes shall be trimmed to the water’s edge and may require cutting and trimming of vegetation by hand, power trimmers, or sickle-bar mowers.

3.5.3 Shoreline, Remote, and Miscellaneous Areas: Level 3--Shoreline, Remote, and Miscellaneous Areas--Mowing

Services shall be completed in accordance with these contract documents at the locations shown on the attached plan sheets.