W912PL-08-B-0007_channel_Maint.pdf

SOLICITATION, OFFER AND AWARD

SEALED BID (IFB)

NEGOTIATED (RFP)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

25. PAYMENT WILL BE MADE BY24. ADMINISTERED BY (Ιφ οτηερ τηαν Ιτεμ 7)

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

RATING1. THIS CONTRACT IS A RATED ORDER

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

4. TYPE OF SOLICITATION

PAGE OF

UNDER DPAS (15 CFR 350)

CODE

PAGES

copies for furnishing the supplies or services in the Schedule will be received at the place specified in

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

10. FOR INFORMATION

CALL:

11. TABLE OF CONTENTS

SEC. DESCRIPTION PAGE(S) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

I CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

J LIST OF ATTACHMENTS

K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

L INSTRS., CONDS., AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

NAME

AND

ADDRESS

OF

OFFEROR

CODE FACILITY

A

B

C

D

E

F

G

H

SOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

9. Sealed offers in original and Item 8, or if handcarried, in the depository located in until

(Hour) local time

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and conditions contained in this solicitation.

AWARD (To be completed by Government)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

CODE CODE

IMPORTANT -- Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

STANDARD FORM 33 (Rev. 4-85) Prescribed by GSA FAR (48 CFR) 53.214(c)

NSN 7540-01-152-8064

PREVIOUS EDITION NOT USABLE

41 U.S.C. 253(c) ( )

15A.

NO.

period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

calendar days (60 calendar days unless a different

(See Section I, Clause No. 52-232-8) % % % %

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

OFFER (Type or print)

10 U.S.C. 2304(c) ( ) (4 copies unless otherwise specified)

(Signature of Contracting Officer)

USAPPC V1.00

2. CONTRACT NO. 3. SOLICITATION NO.

W912PL-08-B-0007

5. DATE ISSUED

22AUG2008

6. REQUISITION/PURCHASE

7. ISSUED BY

USACE, LOS ANGELES DISTRICT, CONTRACTING DIV.

915 WILSHIRE BLVD.,

LOS ANGELES, CA 90017

8. ADDRESS OFFER TO (Ιφ οτηερ τηαν Ιτεμ 7)

SEE BLOCK 7, ATTN; PAT BONILLA/ JULIE AYALA

SEE BLOCK 7, ROOM 980

A. NAME

PAT BONILLA/ JULIE AYALA

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

213-452-3255 OR 3241

42-61

62-88

89-100

1-2 3-8 9-34

38-41

200 22 SEP 2008

17. SIGNATURE

27. UNITED STATES OF AMERICA

CAGE CODE: DUNS:

15B. TELEPHONE NO. (Ινχλυδε αρεα χοδε) 18. OFFER DATE

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

ITEM

26. NAME OF CONTRACTING OFFICER (Τψπε ορ πριντ) 28. AWARD DATE

FLOOD CONTROL CHANNEL MAINTENANCE W912PL-08-B-0007

Section A – Continuation Page of SF-33

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

FLOOD CONTROL CHANNEL MAINTENANCE W912PL-08-B-0007

SECTION B

SUPPLIES, OR SERVICES AND PRICES/COSTS

CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, MATERIAL, EQUIPMENT, ETC. NECESSARY

TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET

FORTH IN THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

BASE YEAR PERIOD-TASK ORDERS TO BE ISSUED FROM 1 – 12 MONTHS

Item No. Description of Supplies/Services Estimated

Quantity Unit/ Measure

Unit Price

Estimated Amount

MAINTENANCE OF L.A. DISTRICT

FLOOD CONTROL CHANNELS IN LOS

ANGELES COUNTY, CA, INCLUDES:

L.A. RIVER,

SAN GABRIEL RIVER,

RIO HONDO RIVER,

BALLONA CREEK,

HAINES CANYON,

ALHAMBRA WASH,

SAN JOSE CREEK

VERDUGO WASH; AND

BURBANK WESTERN CHANNEL.

(excluding COMPTON CREEK)

MAINTENANCE OF COMPTON CREEK,

LOS ANGELES COUNTY, CA

MAINTENANCE OF CHANNEL

PROJECTS IN SANTA ANA

RIVER BASIN (SAN BERNARDINO

COUNTY ONLY); INCLUDES CHINO

CREEK AND SAN ANTONIO WASH.

TOTAL AMOUNT FOR BASE PERIOD,

IF ORDERED

Month

FLOOD CONTROL CHANNEL MAINTENANCE W912PL-08-B-0007

1ST OPTION YEAR PERIOD-TASK ORDERS TO BE ISSUED FROM 1 – 12 MONTHS

Quantity Unit/ Measure

Unit Price

Estimated

ANGELES COUNTY, CA, INCLUDES:

L.A. RIVER,

SAN GABRIEL RIVER,

RIO HONDO RIVER,

BALLONA CREEK,

HAINES CANYON,

ALHAMBRA WASH,

SAN JOSE CREEK

VERDUGO WASH; AND

MAINTENANCE OF CHANNEL

PROJECTS IN SANTA ANA

RIVER BASIN (SAN BERNARDINO

COUNTY ONLY); INCLUDES CHINO

CREEK AND SAN ANTONIO WASH.

TOTAL AMOUNT FOR 1ST OPTION

YEAR PERIOD, IF ORDERED

FLOOD CONTROL CHANNEL MAINTENANCE W912PL-08-B-0007

2ND OPTION YEAR PERIOD-TASK ORDERS TO BE ISSUED FROM 1 – 12 MONTHS

Quantity Unit/ Measure

Unit Price

Estimated

ANGELES COUNTY, CA, INCLUDES:

L.A. RIVER,

SAN GABRIEL RIVER,

RIO HONDO RIVER,

BALLONA CREEK,

HAINES CANYON,

ALHAMBRA WASH,

SAN JOSE CREEK

VERDUGO WASH; AND

MAINTENANCE OF CHANNEL

PROJECTS IN SANTA ANA

RIVER BASIN (SAN BERNARDINO

COUNTY ONLY); INCLUDES CHINO

CREEK AND SAN ANTONIO WASH.

TOTAL AMOUNT FOR 2ND OPTION

FLOOD CONTROL CHANNEL MAINTENANCE W912PL-08-B-0007

3RD OPTION YEAR PERIOD-TASK ORDERS TO BE ISSUED FROM 1 – 12 MONTHS

Quantity Unit/ Measure

Unit Price

Estimated

ANGELES COUNTY, CA, INCLUDES:

L.A. RIVER,

SAN GABRIEL RIVER,

RIO HONDO RIVER,

BALLONA CREEK,

HAINES CANYON,

ALHAMBRA WASH,

SAN JOSE CREEK

VERDUGO WASH; AND

MAINTENANCE OF CHANNEL

PROJECTS IN SANTA ANA

RIVER BASIN (SAN BERNARDINO

COUNTY ONLY); INCLUDES CHINO

CREEK AND SAN ANTONIO WASH.

TOTAL AMOUNT FOR 3RD OPTION

FLOOD CONTROL CHANNEL MAINTENANCE W912PL-08-B-0007

4TH OPTION YEAR PERIOD-TASK ORDERS TO BE ISSUED FROM 1 – 12 MONTHS

Quantity Unit/ Measure

Unit Price

Estimated

ANGELES COUNTY, CA, INCLUDES:

L.A. RIVER,

SAN GABRIEL RIVER,

RIO HONDO RIVER,

BALLONA CREEK,

HAINES CANYON,

ALHAMBRA WASH,

SAN JOSE CREEK

VERDUGO WASH; AND

MAINTENANCE OF CHANNEL

PROJECTS IN SANTA ANA

RIVER BASIN (SAN BERNARDINO

COUNTY ONLY); INCLUDES CHINO

CREEK AND SAN ANTONIO WASH.

TOTAL AMOUNT FOR 4TH OPTION

TOTAL AMOUNT OF BASE PLUS OPTIONS 1-4 $________________

OFFERORS NOTES

1. The contract awarded pursuant to this Request for Proposals is an Indefinite Delivery Indefinite Quantity contract with the capability to issue Firm Fixed Price task orders for services in Section C of this RFP and resultant contract.

2. The Service Contract Act Wage Determination will be updated as the options years are exercised if any, during the life of the contract. The applicable wage rate decision will be part of the Request for Proposal (RFP) for the individual task order.

3. Payment by Electronic Funds Transfer is the mandatory method of contract payment. The Contractors attention is directed to Contract Clause No. FAR 52.232-33, “Mandatory Information for Electronic Funds Transfer – Central Contractor Registration.”

4. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer of this contract. However, any Contracting Officer assigned to the Los Angeles District, FLOOD CONTROL CHANNEL MAINTENANCE W912PL-08-B-0007 contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the Principal Contracting Officer is unavailable.

5. Offerors must enter their CAGE CODE and DUNS NUMBER in Block No. 15A of the Standard Form 33, “Solicitation, Offer and Award.”

6. The bidder shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

Flood Control Channel Maintenance W912PL-08-B-0007

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT:

A. Scope of Work - General

1. The work described on this Performance Work Statement (PWS) provides for the maintenance of

USACE Los Angeles District flood control channels, specified below. The contractor shall provide all management, supervision, personnel, labor, materials, transportation, general and specialized equipment and clothing to maintain and repair specified flood control channel facilities and structures in Los Angeles, Riverside and San Bernardino Counties under the jurisdiction of the Los

Angeles District Corps of Engineers (Technical Exhibit 1). The basic services required under by this contract but are not limited to, are as follows:

(1) Clean all debris from weed weep holes, side drains, flap gates, storm drains sides and bottom of flood control channel to ensure an unrestricted flow of water.

(2) Remove dead animals from flood control channels and dam basins.

(3) Prune vegetation along access roads to flood control channels and along banks to channels.

(4) Policing/trash pick-up flood control channels.

2. Weeding: The contractor shall remove weeds and other vegetation from flood control channels growing in cracks in cement, weep holes, flap gates, subdrains, side drains and storm drains. Flood control channel drainage system and concrete structures shall be totally free of vegetation growth or accumulation after weeding. Vegetation will be cut to the ground when it reaches a height of 24 inches. Vegetation on the unlined slopes will be cut to a height of 6 inches to prevent erosion. All cut vegetation will be removed from the channel on the same day that it is cut. At a minimum, the

Compton Creek soft bottom area will be mowed biannually between the 1st and 15th of March and the

15th and 30th of September. All weeds and other vegetation from the flood control channel shall be disposed of at a public dumpsite of the Contractors choosing. Contractor shall arrange dumping privileges at dumpsite at his/her expense.

3. Pruning: Prune vegetation overhanging access roads. Overhanging tree limbs should be trimmed back to provide a 10ft. high overhead clearance. Prune brush and other vegetation from roadway to provide 20 ft. wide clearance on both sides of the road. Trees overhanging the channel will be pruned to 3 feet above the top of the channel.

4. Pest control/dead Animals: Ordinarily, pest control/removal shall not be Contractor responsibility. However, Contractor shall remove or exterminate pests encountered while discharging the tasks for which the Contractor was hired. Pests are defined as insects (ant, roaches, mosquitoes, bees, etc.), vermin, scorpions and rattlesnakes. The presence of insects or animal pests in the work area shall not constitute reason for Contractor work stoppage. Dead animals (cattle, horses, fowl, domestic pests) found in the flood control channels shall be removed within 24 hours of discovery and disposed of IAW and per local ordinances.

5. Drainage Structures and Systems: Contractor shall maintain sub drain, side drain and storm drainage systems at the flood control channels. Technical Exhibit shows the approximate locations of all the drainage systems which shall be the Contractor responsibility. Contractor shall perform the following tasks:

(1) Periodic inspection of all drainage systems.

(2) Clean and flush out catch basins, droop inlets, manholes, sub drains, storm drains and side drains after each major storm event based on the rate of clogging with debris, silt, vegetation or litter.

(3) Maintain ditches and channels by keeping drainage ditches clear of weeds, brush, sediment, and other accumulations that obstruct the flow of water. Maintain ditch line and grade;

correct sags and minor washouts.

6. Policing Trash Pickup Flood Control Channels: Contractor shall patrol all flood control channels for signs of illegal dumping of litter, debris, abandoned cars, and dead animals. Dead animals shall be disposed of IAW section C.6.4. of this contract.

7. Litter Removal: Litter is defined as trash, broken glass, garbage, plastic containers, shopping carts, furniture, etc. Patrolling shall be accomplished weekly. When enough debris within a 150 foot area will fill a 30 gallon drum the channel will be cleaned. All litter and debris shall be hauled to a public or private dumpsite of the Contractor choosing. Contractor shall inform the COR of the presence of abandoned vehicles in the flood control channels. The COR will issue instructions to the

Contractor informing him/her the course of action to take, if any.

8. Graffiti Removal: When requested by the COR remove graffiti from wing walls appurtenances, and structures at the, flood control channel walls. Graffiti may be removed by sandblasting, or obliteration on painted surfaces. This will constitute Level II work.

9. Clearing of Vegetation The following vegetation and other matter shall be removed:

A. All surface debris, including, but not limited to, trash, litter and garbage.

B. All existing tree cutting, existing, trimmings, and existing fallen tress and fallen branches.

C. All combustible materials, dead foliage, dead shrubs, vines, and other dead materials.

D. All vegetation, weeds shrubs, brush, ivy, vines and other growth, whether green or dry, or growing on unpaved access roads or through cracks and joints shall be cut flush with the surface.

E. All types of cactus, castor bean plants, and/or tumbleweed.

F. All vegetation, weeds, shrubs, brush, ivy, vines and other growth growing down the channel wall shall be cut to the top of the channel wall.

G. All bamboo and similar growth.

H. All vegetation, weeds, shrubs, brush, ivy, vines, trees and other growth growing in or through the right of way fences or overhanging the Government’s property. In areas where there is pedestrian access, vegetation shall be trimmed to provide eight feet vertical clearance, ground. Vegetation growth through right of way fences shall be trimmed within four inches of the fence fabric.

I. All vegetation, weeds, shrubs, brush, ivy, vines, trees and other growth in or through the fence or overhanging the Government’s property in areas where there is vehicle access shall be trimmed to provide 14 feet vertical clearance and within four inches of the right of way fence fabric.

J. All trees located on Government right of way where pedestrian access exist shall be pruned to proved eight feet vertical clearance.

K. All tress, shrubs, and other foliage overhanging the open channel shall be cut such that no overhang shall be below the top of the channel wall fence.

L. All debris shall be removed from the access road. The existing pavement shall be swept clean free of all foreign materials, dirt, soil and mud.

M. All work shall be located within the channel right of way. No work on private property is authorized.

10. Contractor work and responsibility shall include all planning, programming, administration, and management necessary to provide all maintenance, repair and related services as required. The work shall be performed in accordance with the contract and all applicable Federal, state, and local laws, regulations and codes. Contractor shall perform all related contractor administration services necessary to perform the work such as supply, quality control, job order, shop operation, financial control, and maintenance of accurate and complete records/files, libraries of documents to include

Federal, state and local regulations, codes, laws which are necessary and related to the functions being performed. Contractor shall provide related services such as preparing and providing work schedules, required reports, compiling historical data, performing administrative work, and submitting necessary information as specified.

11. Contractor shall insure that all work provided meets or exceeds critical reliability rates or performance standards specified or included in applicable referenced documents.

12. Worksite Description: Los Angeles District flood control projects and their characteristics are listed below. Los Angeles District Flood Control Channels – Covers approximately 50 miles of earthfill and concrete channels in Los Angeles and San Bernardino Counties. In Los Angeles

County, along the Los Angeles River, San Gabriel and Rio Hondo Rivers, Ballona Creek, Compton

Creek, Haines Canyon, Alhambra Wash, San Jose Creek, Verdugo Wash, and Burbank Western

Channel; in San Bernardino County, along San Antonio Creek and Chino Creek Wash.

13. Location maps and drawings of each flood control channel are included as Technical Exhibit attached to this contract.

14 - Restrictions: Contractor shall be aware of the annual nesting bird season (approximately March

15-August 15) and shall coordinate all work in vegetated areas with the COR. Prior to any work, the scope and intent of all work proposed where significant vegetation has become established shall be coordinated with the COR.

B. SPECIFIC TASKS AND STANDARDS:

1. General Tasks: Contractor shall perform the general tasks specified in paragraph C.1. These general tasks apply to all services required under the PWS Systems and system components to be operated and maintained under the PWS are identified as Technical Exhibit Section.

2. Service and Maintenance Management: Contractor shall provide all service and management required to perform the work and meet all performance statements, attached performance requirements summaries and/or in applicable mandatory publications for the required work. Where publications containing standards are advisory in nature, acceptance of work shall be based upon reasonable and logical judgment. The Contractor shall be aware of improvements in “state-of-the-art” for all maintenance functions covered under the PWS and is encourage to implement COR approved changes that are more economical but will insure a better quality product. Contractor generated data shall provide operational data necessary to insure complete and accurate outputs/reports. Work management shall include maintaining a suspense system with appropriate registers and files, and routing and distributing reports.

3. Levels of Work: The performance of work are categorized as follows:

a. Level I Work (Fixed Price): Regular scheduled and recurring maintenance, inspections, equipment and facilities servicing (including start-up/shut-down maintenance, equipment rental fees, etc.) necessary for specified area maintenance. Level I work does not need prior COR approval and will be paid at the prices established in the Section B, Pricing Schedule.

b. Levels II Work (Requirements): This level of work is established for nonrecurring services and maintenance (including repair services, work of an urgent or emergency status, i.e. graffiti removal, emergency clearing of vegetation, etc.), not exceeding $75,000.00 per request (labor, equipment and materials) and will be prioritized as follows: Any supplies and services to be furnished under this Level II work category will be ordered by issuance of a contract modification executed by the Contracting Officer

(see exception below entitled “Emergency Requirements (Priority 1) work category). All Level II work orders are subject to the terms and conditions of this contract. In the event of conflict between a Level II work order and this contract, the contract shall control. The contract modification for Level II work will be issued after, 1) the Contractor is furnished a Request for Proposal and Scope of Work, 2) the Contractor submits a price proposal to accomplish the work and 3) the Government and Contractor negotiate and agree as to the Scope of Work and pricing (including the most current SCA wage determination.) for the requested action. See exception under Emergency Requirement (Priority 1), which may be ordered verbally by the

Contracting Officer.

c. Emergency Requirements (Priority I):

Preventative Emergency Response Work - Contract performance under this Level of Work category and Priority supersedes any other work activities under the contract; which may require immediate contractor response, including but not limited to diverting resources from other contract activities, as necessary, in order to meet the requirements. Requirements under this work category are those arising from situations necessitating the prevention of injury, loss of life, damage or loss of personal or Government property, or in some cases Government security issues. Any requirements under this level of work category are only authorized by the Contracting Officer, orally or in writing. Examples of emergency priorities include:

(1) Problems arising from flooding: basements, streets (resulting from stopped storm sewers or drains, etc.)

(2) Problems arising from flash floods and storms to include washouts in roads, plugged drainage, fallen trees, landslides, barricades, etc.

(3) Protection from weather damage, earthquakes, civil unrest, etc.

Disaster Response Work In the event Government property or equipment is damaged by causes of disastrous nature, such as hazardous/toxic spills, earthquake, flood or fire, or criminal act, the

Contracting Officer will determine emergency action necessary to protect Government property and equipment. The Contractor may then be directed to do emergency work to the extent necessary to protect or repair Government property and equipment. When disaster response work is directed and performed, the contract price shall be adjusted pursuant to the clause of the contract entitled

“Changes”.

d. Urgent (Priority 2): Work under this category, shall be accomplished by first available contractor resources, personnel need not be diverted from scheduled jobs for this work. Work under this category may include (but not limited to) the following; work required to correct a condition which could become an emergency, facility conditions determined to affect the morale , health and/or safety of the visiting public, USACE mission requirements or work required to permit continued use by the visiting public.

(1) Repair of Security Fences and Gates

(2) Fire Hazard Abatement Response for fire prevention services shall meet requirements of

AR 420-90.

e. Routine (Priority 3): Work which does not meet the response criteria of Priorities 1 or 2.

Work required in this category generally will be scheduled and performed by the Contractor in the most economical manner, on a first-come, first-serve basis. The types of work under this category may to eliminate an inconvenience or cure an unsightly condition.

f. Response and Completion): Emergency requirements ordered under this contract shall be performed to completion until the emergency is alleviated or otherwise directed by the Contracting

Officer or authorized representative. Unless otherwise specified, Contractor shall respond to and complete priority work as follows:

Priority Commencement of Work Completion

Emergency 1 hour (duty hours), or 2 Until emergency situation is hours (after duty hours) alleviated

Urgent 1 working day As specified

Routine As required by CO or COR As specified

g. Level II Work Ordering.

A) Work requests will be initiated by the Contracting Officer or COR only. Work request shall consist of Request for Price Proposal, Statement of Work. The Contractor shall notify the contracting officer or authorized COR of any changes/additional work tasks/conditions that arise during the performance of the work, regardless of costs (increase or decrease in contract price).

B) The Contractor shall thoroughly review the Request for Proposal (RFP) and Statement of work and provide a detailed price proposal (labor, equipment, supplies, etc.) for all work and services required to perform the statement of work, proposed schedule of task or activities, labor categories to be utilized, etc. in the time stated in the RFP.

C) After the contractor’s proposal submittal is evaluated, the Government shall negotiate the final

Statement of Work, price, other terms and conditions as needed, with the contractor to reach a fair and reasonable price.

D) Contract modification or other written notice of award/proceed will be provided to the

Contractor.

h. Work Coordination: Contractor shall coordinate with the COR for site access to facilities well in advance to commencement of any work. If work requires scheduled interruption, disconnection of any utility to or within the facility, or requires that a facility be vacated, the

Contractor shall take action in advance (at least 48 hours in advance of scheduled interruption to notify the COR and customers/facility users of the disruption of the facilities’ operation. For unscheduled interruptions, the contractor shall take immediate action to notify the COR and/or facility/customer users of any evacuation, interruption, disconnection of any utility to or within the facility.

i. Records and Filing Systems:

(a) Records: The contractor shall maintain complete and accurate operating, maintenance and repair records of all work performed under this contract. This documentation shall be subject to approval by the Contracting Officer and at a minimum consist of the following:

1.2.5.2 Project Site Files: Project site files shall be maintained by Contractor and shall consist of all matters pertaining to the work under the contract, financial matters, including but not limited to service and repair orders, receipts for services and supplies, subcontractor information correspondence, and any other matters pertaining to the contract or it’s administration. The

Contractor shall also notify the COR by the close-of-business of the next working day, when costs reach 80 percent or estimated project costs.

1.2.5.3. Individual Work Requests/Orders : Contractor shall maintain individual files for each individual work order. A copy of the work order shall be submitted to the Contracting Officer upon completion of the work. One copy shall be retained by the Contractor as a maintenance and repair history. All documentation submitted shall be complete and accurate, at a minimum indicating actual commence and completion date/times, before and after photos of work , total hours and dollars expended. Bill of Materials shall be used for itemizing materials used. Individual files shall contain copies of any material receipts, delivery order, sales slips, invoices, etc., relating to the order.

The file shall also document any excess material receipts, delivery order, sales slips, invoices, etc., relating to the order, The file shall also document any excess materials or parts not used, and any credits given to Government for any excess materials or parts ordered but not used, for the specific order. Contractor shall provide Contracting Officer access to Contractor maintained files during the term of contract. All individual or project work files are the property of the Government and shall be turned over to Government on completion or termination of the contract.

1.2.6. Personnel:

1.2.6.1 Contractor shall provide a project manager (Government point of contact) and at least one alternate available by telephone within the Los Angeles District area, 24 hours daily, 7 days a week, 365 days a year, throughout the life of the contract. The project manager shall be responsible for overall contract management, work coordination and have the full authority to contractually bind the contractor. Any change of personnel regarding this position shall require advance notice and subject to approval by the Contracting Officer and COR. The project manager (and any alternate) shall be able to understand, speak, read and write the English language.

1.2.6.2 Contractor shall provide all necessary personnel to accomplish all work or service within specified time frames. This provision shall apply regardless of past historical records, estimates of personnel needed or any minimum levels established elsewhere in this PWS. The contractor’s attention is directed to Section H clause entitled, “52.000-4515 SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF

ENGINEERS'

UNCLASSIFIED CONTRACTS (APR 2004)”

1.2.6.3 All personnel must be qualified to perform the tasks assigned in accordance with (IAW)

Government regulations.

1.2.6.4. The Contractor’s attention is directed to Section I, General Contract Clause entitled 52.223-

DRUG-FREE WORKPLACE (MAY 2001) and “Government Employees Code of Conduct . “ Contractor is required to take immediate action regarding their employee(s) suspected of being under the influence of illegal drugs or alcohol, by removing said employee from the project site. The contractor will be required to address any contractor employee misconduct, by taking the appropriate disciplinary action, including but not limited to removal of the contractor employee from Government property/project site and work under the contract. When it is necessary to remove contractor personnel, Contractor shall immediately provide a qualified replacement to carry out the services to be performed.

1.2.7 CONTINGENCY PLAN: The Government must be prepared to meet mission requirements in event of a labor strike, national emergency or natural disaster and ensure immediate and appropriate response to such events without undue delay. Any such emergency or natural disaster may impact the Contractor’s performance on regular recurring work (Level 1) as well as additional

(Level 2) contract requirements. The contractor is required as part of this contract to prepare and submit a contingency plan, subject to approval by the Contracting Officer. At a minimum, the plan must provide specific information which addresses the various events/incidents which may occur during the life of the contract and the Contractor proposed response to such events/incidents, and how the contractor would continue to meet the contract requirements in the event the event/incident impacts the contractor’s performance. In any case, the Contractor shall assume that the

Government may not provide any supplemental forces, but will require equal or additional contract performance during such event/incident. A draft plan will be required at the Post Award

Conference. The final comprehensive plan shall be submitted not less than 30 days after date of contract award.

1.2.8 Hours of Operation and Federal Holidays

1.2.8.1 Operating Hours: Normal duty hours for the Los Angeles District are from 0600 to 1630 hours, Monday thru Friday.

1.2.8.1.1. Routine Work: Routine inspection and maintenance work shall be scheduled during normal duty hours Monday through Friday.

1.2.8.1.2 In the event of severe weather, and the Contractor is not working on site as regularly scheduled, a credit will be taken by the Government for any monies due the contractor.

1.2.8.2. Emergency Work Schedule: Level II Emergency work shall be accomplished as specified in the work request/Scope of Work, and may require the contractor and it’s employees to continue without interruption beyond the normal scheduled working hours, weekends including holidays, listed elsewhere in this contract or unless released by the Contracting Officer Representative.

1.2.8.3. Federal Holidays: Except during recreation season routine work shall not be scheduled on

Federal holidays observed. When a service is required less than three times per week and the schedule for the work falls on a holiday, the work shall be accomplished on the day following or proceeding the holiday. Legal public holidays observed by the Corps are:

(1) New Years Day (January 1st)

(2) Martin Luther King’s Birthday (3rd Monday of January)

(3) Washington’s Birthday (3rd Monday of February)

(4) Memorial Day (Last Monday of May)

(5) Independence Day (July 4th)

(6) Labor Day (1st Monday of September)

(7) Columbus Day (2nd Monday of October)

(8) Veterans Day (November 11th)

(9) Thanksgiving Day (4th Thursday of November)

(10) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a legal holiday.

1.2.9. Key Control: Contractor shall establish a key control system, subject to approval by the contracting officer, to ensure keys issued to the Contractor are not lost, misplaced, duplicated or used by unauthorized persons. The Government will deduct from monies due the contractor any costs for key replacement or lock change work required as a result of the lost or stolen keys resulting from the contractor’s or contractor employees’ negligence. This also includes, in the event a master key is lost or duplicated, all locks and keys of that system necessitating replacement by the

Government. At the completion of the contract or termination, all keys and locks shall be returned to the COR.

C.1.7.2. Government Inspection/Compliance Requirements: Any of the areas specified in the contract and/or maintained by the Contractor are subject to Government inspection, including but not limited to the COR or other Government Officials, without prior notice.

C.1.7. ENVIRONMENTAL PROGRAM

C.1.7.1. Regulations/Laws: Contractor shall comply with all Federal, State and local laws, regulations and standards regarding environmental protection. Prior to work in sensitive environmental areas, all environmental protection matters shall be coordinated by the COR who will ensure necessary environmental documentation is coordinated and documented for any proposed work in areas mentioned in this contract. Specific Federal laws to be noted include but are not limited to: the Clean Water Act (CWA), the Endangered Species Act (ESA), the Migratory Bird

Treaty Act (MBTA), and the National Environmental Policy Act (NEPA).

C.1.7.3. Citations: Citations issued to the Contractor for violating environmental protection standards while performing work under this contract, will be a matter for resolution between the

Contracting Officer and the issuing office of EPA or State of California. The contractor shall immediately notify the COR after the citation/violation notice is issued. If citation/violation issued is due to the Contractor’s performance, the Government shall deduct the fine due from monies owed the Contractor.

C.1.7.3.4. Spills and Cleanup. The contractor shall provide all necessary manpower, equipment and material to implement all spill response, containment, clean-up and reporting requirements specified by Federal, state and local laws, regulations, standards and plans. Any such spills or cleanup required as a result of the Contractors fault or negligence will be deducted from any monies due the contractor.

SAFETY REQUIREMENTS AND REPORTS: All work shall be performed in compliance with

Corps of Engineers Safety Manual, EM 385-1-1, OSHA and any other applicable safety requirements. If the Contractor fails or refuses to promptly comply with safety requirements, the

Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the Contractor.

(1) Fire Prevention: Contractor and his/her employees shall be cognizant of, and shall observe all requirements for handling and storage of combustible supplies and materials, daily disposal of combustible waste, trash, etc., in accordance with National Fire Code and National Board of Fire Underwriters. The Contractor shall familiarize him/herself and his/her employees with methods of reporting fire. He/she is also responsible for exercising care when working in wooded areas to prevent fires.

(2) Safety: All rules of safety which are or may be imposed upon the Contractor by

Federal, state or local code, and the District regulations shall be effectively carried out in the performance of the services set forth herein. Contractor shall take proper safety and health precautions to protect the work, the employees, the public and the property of others. Prior to start of work, Contractor shall be required to discuss and develop a mutual understanding relative to administration of the safety program. Safety and fire prevention are discussed further in the following paragraphs.

C.1.8.1. Safety: The Contractor shall formulate and furnish to the Contracting Officer in writing within 45 days of award a comprehensive program to implement the general policies and procedures for safe operation and maintenance of the flood control channels in accordance with applicable provisions of OSHA and EM 385-1-1, Safety and Health Requirement. The program shall include provisions for plant and equipment maintenance, employee responsibility for working safely, indoctrination and training of employees, public safety activities and responsibilities for implementation of regulations pertaining to fire prevention, and maintenance of an adequate fire protection plan. The Contractor safety program shall insure that hazards to the public are not permitted within Contractor work areas. The Contractor shall coordinate with the COR in making periodic inspections of the Contractor activities to insure that hazards to the public do not exist.

C.1.8.2. Clothing and Personnel Safety Equipment: Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short sleeve shirt, long trousers and safety toe shoes. Uniformed clothing is not required to identify Contractor personnel.

Hard hats and seat belts shall be provided by the Contractor as needed when engaged in work, which requires such protection. Employees of the Contractor shall be required to wear other protection apparel in accordance with Section 7, EM 385.1-1.

C.1.8.3. Personal Safety Training: The Contractor shall provide training for each employee covering safe work practices, proper housekeeping, and fire protection in accordance with provisions of EM 385-1-1. Safety meeting of all Contractor employees shall be held monthly to discuss the operation of contractor safety program.

C.1.8.4 Safe Clearance Procedures: EM 385-1-1, Safe Clearance Procedures, for Electrical, Mechanical, Pressure and Hazardous equipment, shall be kept on file in a readily available location.

All employees will review it annually. The procedures established for clearances when working on or near electrical, mechanical, pressure, and other hazardous equipment shall be strictly followed.

C.1.8.5 Reports: Contractor shall immediately notify the Contracting Officer Representative when injury to Contractor or employees, or injury to the public or private property and shall complete a damage or accident report. A fire report shall be completed on a DA Form 3985 and submitted to the COR within 10 working days of the fire.

C.1.8.6. Damage Reports: In all instances where Government property and/or equipment are damaged by Contractor employees, a full written report of the fact and extent of such damage shall be submitted to the Contracting Officer within 24 hours of the occurrence.

C.1.8.7. Accident Reports: The Contractor shall comply with OSHA and other regulatory requirements for record keeping and reporting of all accidents resulting in death, trauma, occupational disease or environmental damage. Contractor shall provide a verbal report to the

Contracting Officer Representative (COR) within four (4) hours of occurrence and a written follow-up report within three (3) working days of occurrence in the manner and on the forms prescribed by the Contracting Officer Representative (COR), whenever an accident involving personal injury occurs.

C.1.8.8. Employee Awareness: Contractor shall inform his/her employees of fire hazards which may be encountered in their working environment and those connected with the performance of particular tasks.

C.1.8.9. Suppression: All Contractor employees shall be responsible for detecting and taking initial action on all fires in conjunction with their normal duties.

C.1.9. Subcontracting: The Contractor may obtain certain requirements of the contract from other sources that the contractor may choose at no additional cost to the Government. The performance standards of such services obtained from other sources shall meet those standards specified in the contract. All subcontracts must be approved by the Contracting Officer.

C.1.10. Service and Maintenance Management: Contractor shall provide all services and maintenance management required to perform the work and meet all performance standards as specified. Standards may be specified in the performance statements or attached Performance requirements Summary tables, Technical Exhibit 1.

C.1.11. Inspections: Contractor shall make a comprehensive inspection of all areas and submit a maintenance service plan not later 30 working days after contract award. The maintenance service plan shall list all discrepancies found and all work anticipated. Each subsequent 12 month thereafter during the contract period, to include any extension of contract term, Contractor shall make an additional inspection of all areas and update his/her service plan. Contractor shall make additional inspections as necessary to provide that all contract work is accomplished. An inspection file shall be prepared and maintained by Contractor, which shall reflect past and current inspection dates, results of all inspections, corrections required, and corrections made. If corrections have not been made, the file shall include a schedule for completion of required work and provide an acceptable explanation to the Contracting Officer as to why corrections have not been made.

C.1.12. Staff Visits: Contractor is advised that the Division and District often conduct staff visits to the flood control projects, to include functional areas covered under the contract. These visits may result in recommendations for improvements deemed necessary to enhance the overall Corps flood control mission. Recommendations for improvements of areas, which are Contractor responsibility, shall be implemented as directed by the Contracting Officer.

C.1.13. Contractor Contact with Government Personnel, Caution to Contractor: Contractor is advised that any work at the direction of unauthorized Government personnel will not be credited as work accomplished under the contract.

C.1.14. Work Control: Contractor shall receive from Government, schedule, and perform all work in accordance with terms and conditions contained in the contract. Contractor shall develop and provide all specified written plans and schedules. One copy of all work schedules shall be provided to the Contracting Officer or his designated representative for review and approval within thirty (30) days after award of the contract.

C.1.14.1. The Contractor shall provide a local telephone number (within the Los Angeles metropolitan area), or a long-distance telephone number with reverse charges, as applicable, which is answered 24 hours per day, 7 days per week, each day of the year, at which Contractor can be notified of emergency work. The Government shall not be expected to call a series of phone numbers to locate the Contractor or Contractor’s designated representative. FAILURE TO MAINTAIN

ACCEPTABLE COMMUNICATION CHANNELS SHALL BE UNSATISFACTORY SERVICE.

C.1.14.2. Contractor shall inspect, schedule, control, and perform all work covered by the fixed-price portion of the contract in accordance with Government established priorities. Other work shall be initiated by job order request (DA Form 4283).

C.1.15. Vehicle Registration: All vehicles operated in support of the contract, including Contractor and Contractor employees’ privately owned vehicles or subcontractor vehicles, shall be properly registered, insured, licensed and safety inspected in accordance with applicable Federal, State, and local government requirements. Contractor shall comply and shall require all Contractor employees or subcontractors to comply. The California Highway Patrol will inspect all trucks one ton capacity or larger. A copy of the inspection report will be given to the COR prior to execution of any work.

C.1.16. Reporting Requirements:

C.1.16.1. The Contractor shall report any circumstances of needed repair of flood control project facilities or unusual soiling of an area, which may affect performance of contract work, unhealthful or hazardous conditions, or any delays or interference of work by Government employees. Such reports shall be made to the Contracting officer no later than close of business (COB) on same day of occurrence.

C.1.16.2. The Contractor shall report to the Contracting Officer all personal articles found by the

Contractor or his/her employees. Found articles shall be turned into the Contracting Officer on the same day found.

C.1.17. Coordination with Other Contractors: The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees and carefully fit his/her own work to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act, which will interfere with the performance of work by any other Contractor, by the Contracting Officer or by

Government employees.

C.2. DEFINITIONS/ACRONYMNS: As used throughout this description/specification, the following terms/acronyms shall below:

C.2.1. Definitions:

1. Acceptable Quality Level (AQL): The maximum percent defective (or the maximum number of defects per 100 units) that can be considered as a satisfactory performance average. The

Contracting Officer will accept the majority of lots provided that the percent defected (or defects per

100 units) in these lots are no greater than the designated value of AQL. However, the Contractor shall not intentionally perform in a defective manner and shall re-perform any service found to be defective whenever possible. Decisions as to possibility of re-performance shall be made only by the

Contracting Officer.

2. Appurtenances (Surfaced Areas): Appurtenances include all features associated with pavement, such as ditches, culverts, and storm sewers: traffic signs, signals, markings; right-of-ways or snow fencing; shoulders; curbs; guardrails; cattle guards; and supporting embankments.

3. As Is: Without Additional maintenance or repair expense solely for the purpose of transfer to the Contractor.

4. Associated Structures (Surfaced Areas): Associated structures are all major items included in a road net or other system, which are considered to be of greater engineering significance than and appurtenance. Associated structures include bridges, tunnels, and major drainage structures.

5. Breakdown: The stoppage or collapse of equipment or a facility, or a component thereof that requires immediate corrective action to restore it to an operating condition.

6. Bulky Items: All lumber, pipe or debris exceeding 3 feet in length and/or 2 feet by 2 feet square and/or 2 feet in diameter, concrete blocks, and other such similar materials or equipment of a weighty or bulky nature, such as ice boxes, refrigerators, deep freezers ranges, water heaters, water tanks, sinks and tree stumps.

7. Callback: A request for additional service (e.g., maintenance or repair) following the initial service, which has not been corrected or accomplished.

8. Check: To examine, test or compare with a standard to verify that the unit under surveillance is operating within design specifications.

9. Clean: As used generally, means removal of dirt or impurities. As used for acceptance of work, means gleaming, bright, free from dirt, contamination, or impurities, unsoiled, unstained, neat and tidy, having no flaws or roughness, clear, regular, or having few corrections, etc.

10. Collection Station: The designated points where the Contractor will assemble solid wastes/refuse in proper…