CEDAR TREE MULCHING

PERFORMANCE WORK STATEMENT (PWS) Cedar Tree Mulching Services U.S. Army Corps of Engineers, North Alabama Bend 1.0 General Information 1.1 Scope of Work. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and other items necessary to perform cedar tree mulching services. This is a fixed priced, performance based service contract where desired outcomes are defined and measured while contractor methods are generally not constrained or directed. 1.1.1 North Alabama Bend was purchased by the U.S. Army Corps of Engineers (USACE) in 2009 as part of the Missouri River Recovery Program. This program is designed, in part, to restore and enhance biological diversity associated with the Missouri River. North Alabama Bend is comprised of 546 acres adjacent to the Missouri River with approximately 1 mile of riverfront. Approximately 55% of the property is wooded, 35% is open grassland, and the remaining 10% is a mixture of grassland and trees. 1.2 Contractor Personnel 1.2.1 The contractor shall perform all work under this contract with his own forces except as provided in Paragraph 1.2.2.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor's own payroll. 1.2.2. All contractor vehicles shall be registered, licensed and insured to meet all State and local laws. 1.2.2.1 The contractor employees shall be skilled in and capable of performing the work under this contract. All employees of the contractor or subcontractor shall be 18 years of age or older. 1.2.2.2 Subcontracting. No work may be subcontracted without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor. 1.2.3 Security Requirements. Physical security at various project locations is subject to change with very little notice. When advised by the COR, the contractor employees and subcontractors shall comply with any and all changing requirements. Such changes may reduce access to certain areas under this contract. 1.3 Quality Control 1.3.1 The contractor shall designate, in writing, a member of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. The employee (s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the COR no later than the first day of work. The contractor shall include the name(s), address(es), and telephone number(s) of the responsible individual(s). 1.3.2 The Contracting Officer reserves the right to disapprove any individual whom he considers to be incompetent to perform the work required. Such disapproval's will be given to the contractor by written notice. 1.4 Quality Assurance 1.4.1 Quality Assurance Surveillance Plan. A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s. 1.4.2 The Government has 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 shall perform inspections in a manner that will not unduly delay the work. 1.4.3 If any of the services do not conform to contract requirements, the Government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. 1.4.4 If the contractor fails to promptly perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements, the Government may (1) 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 (2) terminate the contract in whole or in part. 1.5 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work to be performed, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and abbreviated Accident Prevention Plan (APP). At least two (2) days prior to commencing work, the Contractor shall coordinate their proposed work schedule with the Government Point of Contact. 1.6. Submittals. Prior to commencement of services, the contractor shall submit the following documents to the COR for review and approval: a. Activity Hazard Analysis (AHA); b. Abbreviated Accident Prevention Plan (APP) c. List of who will perform work on this contract; d. Proof of Insurance for Contractors and Subcontractors; 1.7 Hours of Operation 1.7.1 The contractor may only conduct business between sunrise and sunset. The contractor will not be allowed to conduct business when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. 1.8 Standards and Regulations. The contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract and to comply therewith. Applicable regulations to this work included, but are not limited to the following: a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670) b. Engineering Manual (EM) 385-1-1 (USACE - Safety and Health Requirements Manual), dated November 2014; 1.9 Safety. The local emergency phone numbers will be furnished to the Contractor by the COR. In addition to applicable Local, State, and Federal, the contractor and their subcontractors are required to adhere to all provisions of the EM 385-1-1. Where safety standards conflict, the most stringent standard shall apply. A copy of the EM 385-1-1 can be found electronically at the following link: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf 1.9.1 Activity Hazard Analysis (AHA). Contractor shall prepare AHAs IAW Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare AHAs IAW Figure 1-2. 1.9.2 Abbreviated Accident Prevention Plan (APP). It is understood that the EM 385-1-1 in its entirety may be too complex for the type of work being performed under these contracts, contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific Abbreviated Accident Prevention Plan (AAPP). Prepare the AAPP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for Government approval prior to the start of work onsite. 1.10 Environmental Protection. The contractor shall perform all work in such a manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants. 1.10.1 Protection of Resources. The contractor shall not pollute streams, lakes or reservoirs with fuels, oils, bitumens, calcium chloride, acids, pesticides, or other harmful materials. The contractor shall investigate and comply with all applicable Federal, State, County and Municipal laws concerning pollution of rivers and streams. 1.10.2 Spillage. Special measures shall be taken to prevent chemicals from entering public waters. If any spillage occurs, the contractor shall remove the material and restore the area to its original condition. If necessary, contaminated ground shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the contractor. 1.10.2.1 Disposal. Disposal of all materials shall be at the appropriate locations as directed by the COR. Disposal of any materials, wastes, effluent, trash, garbage, fuel, chemicals, etc., in areas adjacent to streams shall not be permitted. If any waste material is dumped in unauthorized areas, the contractor shall remove the material and restore the area to the original condition before being disturbed. If necessary, contaminated ground shall be excavated and disposed of as directed by the COR, and replaced with suitable fill material, compacted and finished with topsoil and planted as required to reestablish vegetation all at the expense of the contractor. 1.10.3 Equipment Accountability. The contractor shall clean all equipment prior to entering USACE property. The equipment shall have not visible soil, roots, vegetative material, seeds, or other debris that could contain seeds. 1.10.4 Protection of Fish and Wildlife. The contractor shall at all times perform work and take such steps required to minimize interference with or disturbance to fish and wildlife. The contractor will not be permitted to alter water flows or otherwise disturb native habitat adjacent to the project area that, in the opinion of the COR, are critical to fish or wildlife. 1.11 Physical Security 1.11.1 The contractor shall be responsible for safeguarding all Government facilities, property and materials provided for contractor use. All Government facilities, property and materials shall be appropriately secured at all times. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The Contractor shall abide by these changing conditions at all times. The Government is not responsible for the contractor's equipment stored on Government property administered by the USACE Gavins Point Project. 1.11.2 Key Control. The contractor shall ensure all keys issued to the contractor by the Government are not lost, stolen or duplicated and are not used by unauthorized persons. 1.11.2.1 The contractor shall immediately report to the COR any occurrences of lost or stolen keys. 1.11.2.2 In the event keys, other than master keys are lost or stolen, the contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the Government. The Government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. If a master key is lost or stolen, the Government may need to replace all locks and keys for that system. The total cost of such replacement will be deducted from the monthly payment due the contractor. 1.11.2.3 The contractor shall prohibit the use of keys issued by the Government by any persons other than the contractor's employees. The contractor shall not facilitate access of secured areas to persons other than contractor personnel or subcontractors engaged in performance of contract work requirements. 2.0 Definitions. The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement. Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service. Daily Duties: To be performed each day facilities are serviced. Contracting Officer Representative (COR): The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the agreement; perform inspections necessary in connection with agreement performance; maintain written and oral communications with the contractor concerning technical aspects of the agreement; monitor contractor's performance and notifies the Contracting Officer of any deficiencies; and provide site entry of contractor personnel. The COR is not authorized to change any of the terms and conditions of the resulting order. Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise. Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement. Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS). 3.0 Specific Tasks 3.1 Basic Services. The contractor shall shred/mulch in place all eastern red cedar (Juniperus virginiana) trees, living and dead, up to a maximum of 29 acres at North Alabama Bend. All areas may contain a number of dead cedar trees from past flooding. Eastern red cedar tree stumps shall not exceed two (2) inches above the natural ground surface and shall have no limbs or branches remaining. Mulch shall be spread throughout the work unit (not placed in piles). Mulch shall be scattered so that the depth does not exceed two (2) inches. No mulch larger than one-half cubic foot shall remain within the units. Because eastern red cedar removal is part of an overall effort to improve native habitat, the contractor shall use low impact equipment (e.g. equipment with rubber tracks/tires and low ground pressure to minimize ground disturbance and compaction). Equipment shall be similar to Terex PT 110 G Forestry Tracked Skid Steer with a mulching head attachment (Loftness brand or similar) to accomplish all cedar control activities. The contractor shall complete all services between August 21, 2017 and December 31, 2017. Site Inspections are encouraged prior to submitting a quote and can be arranged by contacting Linda Filo, at (402) 667-2569. 3.1.1. North Alabama Bend is located near Vermillion, South Dakota in Clay County. 3.2 Description of Work Units 3.2.1 Unit 1 (Approximately 13 acres). Unit 1 is mostly shrubland with some grassy openings and scattered large cottonwood and willow trees. The area is mostly flat ground with a few gentle slopes. The cedar trees are fairly dense and larger in size. See Attachment 1 (Technical Exhibit 2). 3.2.2 Unit 2 (Approximately 3 acres). Unit 2 is mostly shrubland with a few large cottonwood and willow trees. The area is mostly flat ground with a few gentle slopes. The cedar trees are fairly dense and larger in size. See Attachment 1 (Technical Exhibit 2). 3.2.3 Unit 3 (Approximately 6 acres). Unit 3 is mostly shrubland with a few grassy openings and scattered large cottonwood and willow trees. The area is mostly flat ground with a few gentle slopes. The cedar trees are fairly dense and larger in size. See Attachment 1 (Technical Exhibit 2). 3.2.4 Unit 4 (Approximately 3 acres). Unit 4 is mostly shrubland with scattered large cottonwood and willow trees. The area is mostly flat ground with a few gentle slopes. The cedar trees are fairly dense and larger in size. See Attachment 1 (Technical Exhibit 2). 3.2.5 Unit 5 (Approximately 4 acres). Unit 5 is mostly thick shrubland with a few large willow trees. The area is mostly flat ground with a few gentle slopes. The cedar trees are fairly dense and larger in size. See Attachment 1 (Technical Exhibit 2). 4.0 Performance Requirements Summary The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. Performance Objective Standard Performance Threshold Method of Surveillance PRS # 1. The Contractor shall provide eastern red cedar shredding/mulching services. The Contractor must provide services to the performance and safety standards outlined in this contract and to standards designated by the Contracting Officer. Zero deviation from standard. Periodic compliance inspections by the COR