Eastern Red Cedar Tree Control

PERFORMANCE WORK STATEMENT (PWS) 2017 EASTERN RED CEDAR CONTROL SERVICES USACE, GAVINS POINT PROJECT 1.0 General Information. 1.1 Background. The Gavins Point Project is a multi-purpose U.S. Army Corps of Engineers (USACE) Water Resource Development Project. One of the missions of the Gavins Point Project is environmental stewardship on public lands managed by USACE. The purpose of this contract is to reduce the number of noxious Eastern Red Cedar (Juniperus virginiana) trees on Corps-managed lands to improve native woodland and grassland habitat and to reduce wildfire risk on project lands and neighboring lands. Approximately 55% of the property is wooded, 35% is open grassland, and the remaining 10% is a mixture of grassland and trees. 1.1.1 Place of Performance. The work that is to be performed under this contract shall take place at the Gavins Point Project, Cedar County, Nebraska and Yankton County, South Dakota. The Gavins Point Project is located approximately four (4) miles west and one (1) mile south of Yankton, South Dakota. The Gavins Point Project Administration Office is physically located at 55245 State Highway 121, Crofton, Nebraska. 1.2 Scope of Work. This is a non-personal services contract to provide Eastern Red Cedar mulching/shredding services on a minimum of 32 acres (BASE - REQUIRED), and up to a maximum of 70.5 acres (BASE and OPTION areas). Services include shredding and/or mulching of both live and dead Eastern Red Cedar Trees within the designated work area units in accordance with all contract specifications. All Eastern Red Cedar trees standing or down, alive or dead shall be mulched within the designated work units. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government. This is a fixed priced, performance based service contract where the Government defines and measures desired outcomes, while contractor methods are generally not constrained or directed. The Government maintains the right to award all, some or none of the option are units. The Contractor shall successfully complete all work within all awarded work units upon notice of award within the period of performance. 1.3 Period of Performance. The Contractor shall have from 18 September 2017 until 31 December 2017 to complete all services in accordance with contract specifications, after receiving notice of contract award. The time state for completion includes final cleanup of the premises and removal of all Contractor's equipment, materials and supplies. If adverse weather conditions or any other unforeseen circumstances prevent the completion of the contract work within the allotted time frame, the Contactor shall be required to document and submit in writing to the Contracting Officer a request for contract time extension which must document the cause(s) for the contracted work not being completed on time. Approval of any contract extension shall be at the discretion of the Contracting Officer. 1.4 Contractor Personnel 1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor's own payroll. 1.4.1.1 The Contractor and his/her employees shall be skilled in and capable of performing the work under this contract. The Contractor and all contractor personnel shall be at least 18 years of age or older. 1.4.1.2 All Contractor vehicles and equipment shall be registered, licensed and insured to meet all State and local laws. 1.4.2 Subcontracting. The contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor. 1.5 Quality Control 1.5.1 The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work stated in this PWS. 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 standards contained herein. The contractor shall furnish the above written designation to the Government Point of Contact (GPOC) no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s). 1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor. 1.6 Quality Assurance. The Government will use a Quality Assurance Surveillance Plan (QASP) to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods. 1.6.1 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 delay the work. 1.6.2 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. 1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the Contracting Officer will notify the contractor that they are required to re-perform specific services. The Contractor shall be required to re-perform or correct the deficiency within ten (10) business days after notification, and the Contractor shall notify the Contracting Officer of completion of any re-performed work. 1.6.3 The Government may take action, if the contractor fails to 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 related to the performance of such service or (2) terminate the contract in whole or in part 1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The Government may take action, if the contractor fails to replace/repair any damage to Government property. The Government may (1) by contract, or otherwise, replace/repair damaged Government property and charge to the contractor any cost incurred by the Government to replace/repair any damage. 1.7 Hours of Operation. The contractor is responsible for conducting business between sunrise and sunset except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. 1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the Government Point of Contact (GPOC). The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the GPOC. The Pre-Work Meeting should be scheduled by contacting Mr. Zach Montreuil, Natural Resources Specialist, USACE-Gavins Point Project, P.O. Box 710, Yankton, SD 57078, phone: (402)-667-2541, email: zachary.j.montreuil@usace.army.mil. 1.9. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the GPOC for review and approval: a. Activity Hazard Analysis (AHA) b. Abbreviated Accident Prevention Plan (APP) c. List of persons who will perform work on this contract and contact information to include cell phone number the person can be reached during the period of performance during business hours. d. Proof of Insurance for Contractors and Subcontractors 1.10 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. The Contractor shall comply will all applicable regulations. Applicable regulations include, 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; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf c. Occupational Safety and Health Standards (29 CFR 1910); 1.10.1 Activity Hazard Analysis (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2. Note: Contractors and other individual employer's typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE's AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing. 1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work 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 (APP). The contractor shall prepare the APP 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 approval prior to the start of work onsite. 1.11 Physical Security 1.11.1 The contractor shall be responsible for safeguarding all Government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials. 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, as applicable. 1.11.2 Key Control. The contractor shall ensure all keys issued by the government are not lost, stolen, duplicated, or used by unauthorized persons. 1.11.2.1 The Contractor shall immediately report to the Contracting Officer 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 Contracting Officer, 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 government will deduct the total cost to replace the locks and keys from the contractor's invoice. 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. 1.12 Antiterrorism/Operation Security Requirements 1.12.1 Access and General Protection/Security Policy and Procedures. 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/facility 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes. 1.13 Environmental Protection. The Contractor shall perform all work in such a manner to minimize the pollution of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants. 1.14 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 and Local laws concerning pollution of rivers and streams. 1.14.1 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. 1.14.2 Disposal. Disposal of all materials shall be at the appropriate locations as directed by the Contracting Officer. 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 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. 1.15 Payment 1.15.1 The government will make payment within 30 days of completion of all work activities, after the government has inspected and accepted the services, and the government has reviewed, approved, and processed the contractor's invoice. The contractor shall submit the invoice to the Government Point of Contact (GPOC) and/or any other person that has been designated in the contract to receive the invoice. 1.15.2 The contractor must provide the contractor's name, address, contract number, period of services completed (i.e., \for the period of performance of August 21, 2017 through December 31, 2017), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN. 2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS: 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 considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service. Contracting Officer's Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions. 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 Government Furnished Items and Services 3.1 Materials. The Government will provide electronic and/or paper copies of aerial photos and/or maps to assist the Contractor in identification of work units and boundaries. 4.0 Contractor Furnished Items and Responsibilities 4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. 4.2 Equipment and Supply Storage. The Contractor shall provide for his/her own storage for Contractor-furnished items. The Government shall not be held responsible for damage, vandalism or theft of Contractor-furnished equipment and supplies. 5.0 Specific Tasks 5.1 Basic Services. The contractor shall provide services for successful control of Eastern Red Cedar (Juniperus virginiana) trees within the designated work units. These services include shredding/mulching all Eastern Red Cedar trees (including both living and dead) within the awarded work units. 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, and not placed in piles. Mulch shall be scattered to that the depth of the mulch does not exceed two (2) inches above the natural ground surface. No mulch larger than one-half cubic foot shall remain within the units. As a result of Eastern Red Cedar control being an overall effort to improve native habitat, the Contractor shall be required to use low impact equipment (ie. Equipment with rubber tracks/tires and low ground pressure to minimize ground disturbance and soil compaction) to accomplish all work activities. Only target vegetation shall be shredded/mulched and the Contractor shall use care to avoid cutting, shredding, mulching or any other damage to all non-target vegetation within the work units. All work activities shall be required to be conducted in a safe and professional manner. Pre-bid site visits are highly encouraged prior to submittal of bid. To schedule a pre-bid site visit, contact: Mr. Zach Montreuil, Natural Resources Specialist, USACE- Gavins Point Project, P.O. Box 710, Yankton, SD 57078, phone: (402)-667-2541, or email: zachary.j.montreuil@usace.army.mil. 5.2 Description of Work Units. 5.2.1 Unit 1 (Approximately 10 acres - BASE-REQUIRED). 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 scattered and larger in size. See Attachment 1 (Technical Exhibit 2). 5.2.2 Unit 2 (Approximately 3 acres - BASE-REQUIRED). Unit 2 is mostly dense shrubland with many large cottonwood, cedar and willow trees. The area is mostly flat ground with a few gentle slopes. The cedar trees are very dense and larger in size. See Attachment 1 (Technical Exhibit 2). 5.2.3 Unit 3 (Approximately 19 acres - BASE-REQUIRED). Unit 3 is mostly dense shrubland with a few grassy openings and densely scattered large cottonwood, cedar and willow trees. The area is mostly flat ground with a few gentle slopes. The cedar trees are very dense and larger in size. See Attachment 1 (Technical Exhibit 2). 5.2.4 Unit 4 (Approximately 7 acres - Option Area). Unit 4 is mostly grassland with densely scattered small eastern red cedar trees. The area is mostly flat ground with a few gentle slopes. The cedar trees are fairly dense and smaller in size, most are less than four (4) feet in height. This area may or may not be awarded at the discretion of the Government. See Attachment 1 (Technical Exhibit 2). 5.2.5 Unit 5 (Approximately 12 acres - Option Area). Unit 5 is mostly grassland with scattered smaller-sized eastern red cedar trees, almost all are less than four (4) feet in height and a few scattered large cedar trees. The area is mostly flat ground with a few gentle slopes. This area may or may not be awarded at the discretion of the Government. See Attachment 1 (Technical Exhibit 2). 5.2.6 Unit 6 (Approximately 13 acres - Option Area). Unit 6 is mostly grassland with scattered smaller-sized eastern red cedar trees, almost all are less than four (4) feet in height and a few scattered large cedar trees. The area is mostly flat ground with a few gentle slopes. This area may or may not be awarded at the discretion of the Government. See Attachment 1 (Technical Exhibit 2). 5.2.7 Unit 7 (Approximately 1.5 acres - Option Area). Unit 7 is mostly dense shrubland with many larger-sized eastern red cedar trees. The area is mostly flat ground with a few gentle slopes. This area may or may not be awarded at the discretion of the Government. See Attachment 1 (Technical Exhibit 2). 5.2.8 Unit 8 (Approximately 5 acres - Option Area). Unit 8 is mostly dense shrubland with many larger-sized eastern red cedar trees, oaks and cottonwood trees. The area is mostly gradual slopes. This area may or may not be awarded at the discretion of the Government. See Attachment 1 (Technical Exhibit 2). 5.3 Final Inspection. The Contractor shall notify the Government Point of Contact (GPOC) a minimum of 48-hours prior to completion of activities within each work unit to conduct the final inspection. The Contractor shall be required to meet with the GPOC at the final inspection on-site within each work unit. The Contractor shall not remove his/her equipment, materials and supplies from the designated work unit until directed by the GPOC following final inspection of the work unit. The Government will not accept an invoice for payment from the Contractor until all work activities have been completed in all units and after successful final inspection. 6.0 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 tree mulching/shredding services within all designated awarded work units. The contractor must provide services to the performance and safety standards outlined in this contract. Zero deviation from standard. Periodic compliance inspections by the Government Point of Contact (GPOC). 7.0 Attachments Exhibit 1 - Map of Location of Gavins Point Project Exhibit 2 - Map/Aerial Photos of Work Units Exhibit 3 - Bid Sheet Exhibit 4 - Evaluation Criteria for Best Value Contract