SAM RAYBURN/TOWN BLUFF BOUNDARY LINE MAINTENANCE

PERFORMANCE WORK STATEMENT (PWS) FEE BOUNDARY MAINTENANCE CLEARING, MARKING, & PAINTING, SAM RAYBURN & TOWN BLUFF General: This is a non-personal services contract to provide Boundary Line Maintenance Services. 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. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to clear, mark, and paint portions of the Government line surrounding Sam Rayburn and/or Town Bluff Lakes as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. Scope The Contractor will be responsible for relocating the boundary line between Corps monuments within an approximate tolerance of six (6) inches. To expedite relocation of the boundary corners and line to be maintained, it is highly recommended the Contractor utilize a mapping grade (sub-meter) GPS unit, operating GIS software to download and display Government supplied GIS digital - shapefiles, or - geodatabase features, of all boundary corners and line segments to be maintained. Corps personnel have previously recorded all mapping grade GPS monument information, as well as and other applicable corner and line information, and will provide these digital files to the Contractor prior to commencement of boundary maintenance efforts. Corps personnel have found that such GPS relocation methods take a mere fraction of the time otherwise necessary for boundary relocation. Government supplied GIS/GPS files contain much valuable information pertinent to the fulfillment of this contract, such as monument ID, condition, date last inspected, bearing and distance of line segments, etc., just to name some of the applicable data available in these files. Proper GIS software enables the GPS user(s) to access this information in the field, while seeing one's location in geographic relationship to neighboring boundary features. Once actual corners/monuments have been relocated by GPS, compass, and/or other field reconnaissance methods, the Contractor will then rely solely on Corps boundary monuments to relocate actual boundary line within required tolerance before clearing and painting operations, and will not rely on GIS/GPS representations or any other existing markings such as stakes, pins, old boundary paint, Government boundary signs, etc. In any case where line of sight cannot be obtained due to obstructions, the Contractor will still be required to locate the boundary line within six (6) inches. The Contractor will report in writing any missing or dislocated monuments at the next regularly scheduled meeting with the Contracting Officer's Representative (COR). Where monument(s) cannot be readily located utilizing the afore-mentioned methods, but have not been obviously displaced by shoreline erosion, the Contractor is required to search the area for buried or fragmented monument(s), including the use of Contractor supplied metal detector if necessary. Where siltation has covered the monument (or monument portions, in cases where monument has been damaged), soil overburden MUST be removed until Contractor is certain that the monument is indeed what is indicated. Where the Contractor is certain that a monument has been destroyed or removed, a flexible ORANGE post and an ORANGE metal "T" post (both supplied by the Government), delineating the approximate boundary corner, MUST be placed at the approximate spot where the monument should be. This point will be derived by means not less accurate than that of sighting the bearings with an accurate hand?held compass and measuring by tape from adjacent monuments on either side of the missing monument. The Contractor will report any dislocated monuments at the next regularly scheduled meeting with the COR. Government property lines shall be cleared of vegetation to a width of five (5) feet and to a stump height not to exceed three (3) inches. Within this five (5) foot clearing corridor, branches will be trimmed to a seven (7) foot height clearance. Some boundary line has been fenced, in which case only vegetation growing within the fence will be cleared from both sides of the fence, and all vegetation five (5) feet on the Government side of the fence will be cleared. All woody vegetation will be cut from the fence, even if intertwined. An exception to this requirement will be made if the fence is constructed of net wire, in which case all vegetation on the Government side of the fence must be trimmed as close as possible to the wire without cutting the wire. If a fence is in complete disrepair, as determined by the COR, the boundary will be cleared as if it were not fenced. All overhanging vegetation will be cleared to a height of seven (7) feet. Where larger line trees are not available to mark and paint, trees of a diameter at breast height of four (4) inches or more will not be removed but branches will be trimmed to the seven (7) foot height clearance. Brush and other debris from clearing operations will be removed from the cleared line and placed on adjacent Government property. This brush and other debris will be spread as evenly as practical and not stacked in high piles; brush and other debris will not be burned. All previously fallen debris, i.e. logs, tree limbs, etc., laying on or across the Government property line, will be completely cleared from the property line to a width of five (5) feet. In situations where the adjacent Government property is a road or regularly mowed right-of-way or park area, brush and other debris will be removed to the nearest unimproved area on Government property. Alternate disposal areas must be approved in advance by the COR. NO clearing will be performed on the adjacent landowner's side of the property line. A five (5) foot wide line will be cleared, where not already cleared and as otherwise specified in paragraphs 1.2.3 - 1.2.4, totally on the Government side of the boundary line. Contractor will exercise extreme care in cases where the boundary line is adjacent to a home site or developed lot. Pruning of any trees and shrubs (that may overhang the Government property line) is to be only what is essential to obtaining the necessary line of sight. The Contractor must report all negative or controversial contact with adjacent landowners to the COR in writing within one (1) workday. Said written notification shall be separate from the Contractor's regular reporting. Where possible, two (2) witness trees at each corner shall be referenced by a ten (10) inch - X facing the monument, notched well into the outer bark, but not into the cambium layer, and painted ORANGE. In housing areas, only one (1) "X" reference tree per monument shall be marked and will be placed on the GOVERNMENT SIDE OF THE LINE ONLY. All reference markings should be approximately two (2) to three (3) feet above ground level. Trees between corners shall be marked as follows: REMOTE WOODED AREAS Wherever possible, trees on or near (within 5 feet of) the actual boundary line (either side of the line) are to be marked every forty (40) to sixty (60) feet by blazing. The blaze must be clearly visible from each succeeding tree. Blazes shall be made by scraping the outer bark until the surface is smooth and tight, just outside the cambium layer. The blaze will then be painted ORANGE, and must be clearly visible from each succeeding marked tree. Paint shall be used without thinning, and applied liberally by brush. All blazes shall be eight (8) to ten (10) inches in height by four (4) to six (6) inches in width. All marking shall be approximately five (5) feet above ground level. Trees actually on the boundary line shall be blazed fore and aft, and the blazes painted ORANGE. Trees within five (5) feet of the boundary line shall be blazed on three (3) sides; fore, aft, and line side, and the blazes painted ORANGE. Where there are not a sufficient number of trees (GOVERNMENT SIDE OF THE LINE ONLY) to paint at least one tree of sufficient size every one hundred fifty (150) feet, a flexible WHITE boundary line post and an ORANGE metal "T" post (both supplied by the Government) will be placed together on the boundary line at one hundred fifty (150) foot intervals, so that no gaps between painted trees, ORANGE corner posts or WHITE line posts will be greater than one hundred fifty (150) feet. Flexible WHITE line posts will face the adjacent landowner's property, with an ORANGE metal "T" post placed just behind it. Where trees to be marked have been previously painted in another color by the adjacent landowner, blazing and marking performed under this contract shall be made just below the previous marking. HOUSING AREAS Definition of housing area: Generally, an area that has been under-brushed and appears to be mowed fairly regularly, in reasonable proximity to a habitable structure (usually within line of site from the boundary line). Wherever possible, trees ON or near (within 5 feet of) the actual boundary line (GOVERNMENT SIDE OF THE LINE ONLY) are to be marked every sixty (60) to eighty (80) feet by blazing. The blaze must be clearly visible from each succeeding tree. Blazes shall be made by scraping the outer bark until the surface is smooth and tight, just outside the cambium layer. The blaze will then be painted ORANGE, and must be clearly visible from each succeeding marked tree. Paint shall be used without thinning, and applied liberally by brush. All blazes shall be approximately six (6") inches in height by three to four (3?4") inches in width. All marking shall be approximately five (5) feet above ground level. Trees actually ON the boundary line shall be blazed fore and aft, and the blazes painted ORANGE. Trees within five (5) feet of the boundary line (GOVERNMENT SIDE OF THE LINE ONLY) shall be blazed on three (3) sides; fore, aft, and line side, and the blazes painted ORANGE. Where there are not a sufficient number of trees (GOVERNMENT SIDE OF THE LINE ONLY) to paint at least one tree of sufficient size every one hundred (150) feet, a flexible WHITE boundary line post and an ORANGE metal "T" post (both supplied by the Government) will be placed together on the boundary line at one hundred fifty (150) intervals, so that no gaps between painted trees, ORANGE corner posts or WHITE line posts will be greater than one hundred fifty (150). Flexible WHITE line posts will face the adjacent landowner's property, with an ORANGE metal "T" post placed just behind it. PASTURE AREAS Marking of available trees (if any) within five (5) feet of the boundary on either side of the line will be performed in the same manner as in wooded areas (paragraph 1.2.7.1.1 - 1.2.7.1.5 above). In all open areas where no such trees of sufficient size exist, one WHITE flexible boundary post and one ORANGE metal "T" post (both supplied by the Government) will be placed together on the boundary line at each one hundred and fifty (150) foot interval, in order to protect flexible WHITE boundary line posts with information decals from bush-hogging operations. Line posts must be placed in a straight line between corner monuments. Flexible WHITE line posts will face the adjacent landowner's property, with the ORANGE metal "T" post placed just behind it. Any paint utilized in these areas shall be a good grade of boundary marking paint designed for a typical life of five (5) or more years. All paint shall be approved by the COR prior to use. Paint shall be used without thinning, and applied liberally. Each corner monument located in an open area subject to potential bush-hogging operations must have one ORANGE flexible post and one ORANGE metal "T" post placed together, in order to protect flexible corner information posts. Flexible posts with attached decals and anchors will be supplied by the Government. Metal "T" posts will also be supplied by the Government; all post drivers will be the responsibility of the Contractor. Marker posts, boundary signs and other materials supplied by the Government shall be stored at the Sam Rayburn Project Office, and the Contractor will be responsible for requesting, signing for, loading and transporting these materials to the job site. The Contractor will be responsible for security of the Government supplied materials once he takes possession, and will be responsible for replacement of any material due to theft, damage or negligence. Contractor must supply all ORANGE paint, aluminum nails, post driver(s) and/or driving cap(s). The Contractor shall keep a work record including segment and tract maps showing the date and area where the boundary has been marked/painted or remarked/repainted, distances covered, number of signs and posts used, any monuments missing, altered or destroyed, and any problems encountered. Each tract map shall show any road crossings or public access points signed, and approximate location of all signs placed on line courses. Contractor shall be responsible for updating the COR on work progress at regularly scheduled meetings, and for coordinating plans for upcoming work. Contractor shall notify the COR when a segment of boundary is completed and ready for inspection. Contractor will exercise care in cases where the boundary line is adjacent to a home site, developed lot, or is controversial. Damage to trees and shrubs in these areas are to be only what is essential to obtaining the necessary line of sight. No equipment will be used that may damage residual vegetation or any cultural resources or that will disturb the ground in such a way as to cause soil erosion. Hand tools and power hand tools will be used to perform the clearing operation. All equipment must be approved by the COR prior to use. Any encroachments on Government property noticed by the Contractor during his operations shall be documented, and reported to the COR at the next regularly scheduled meeting. Documentation shall include the date the encroachment was found, a brief description of the encroachment, and the location. No forms shall be provided by the Government for this requirement. Access to Government property where contract work is to be performed will always be available by water via contractor supplied water craft. Pedestrian access will usually be available across adjacent Government property having public vehicular accessibility. However, vehicle access will not be available in close proximity to many contract work areas. Access across adjacent private lands, if required or desired, will ultimately be the responsibility of the Contractor. However, on-site Corps personnel have contact information for many adjacent landowners and will make every practical effort to update this information and provide it to the Contractor at the commencement of contract work. Although Federal Regulations generally prohibit the use of - All-Terrain Vehicles (ATV's), exception will be made to the successful bidder, provided that: (1) all such use is limited to work performed in fulfillment of Contract requirements, and (2) all such use is limited to Corps property. Permission for crossing adjacent private lands with an ATV must be obtained by the Contractor. For assistance in estimation of possible material and labor costs, the following information is provided. In an average mile, Sam Rayburn's boundary has approximately sixteen (16) monuments, nineteen (19) to twenty (20) boundary line signs, and three hundred twenty-four (324) linear feet per course (between monuments). In an average mile Town Bluff's boundary has approximately six (6) monuments, eleven (11) boundary line signs, and nine hundred twenty-four (924) linear feet per course (between monuments). Period of Performance, Invoices and Partial Payments: Work completion date for each work order will be calculated from task order commencement date as follows - sixty (60) calendar days for the first ten miles, and 45 days for each additional ten miles thereafter. Field work must pass inspection, and maps must be updated with mileage completed before an invoice is approved for payment. Partial payments may be made for completed, COR-approved sections of boundary not less than four (4) total miles in length. Liquidated Damages: See contract clause 52.211-11 General Information Quality Control. Within two (2) weeks of contract award, Contractor will submit to COR for review and approval a Quality Control Plan (QCP), in which he will detail methodology to be employed for ensuring all Performance Requirements are met in a timely manner. The contractor's QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. The contractor will develop and implement a performance management system with processes to assess and report its performance to the designated government representative. Quality Assurance: The Government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). Government Holidays: The contractor is not required to perform work on the following days but may. The following is a list of Federal Holidays: New Year's Day Labor Day Martin Luther King Jr.s Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day Hours of Operation: Normal working hours are Monday through Friday 8:00 - 4:30; however with approval from the COR, contractor may work hours and days outside of normal working hours. Place of Performance: The work to be performed under this contract will be performed at the Sam Rayburn Project located between Lufkin and Jasper, Texas and the Town Bluff Project located between Jasper and Woodville, Texas. Type of Contract: The government will award an Indefinite Delivery, Indefinite Quantity contract. Estimated Maximum Extent of Ordered Work: Estimated MAXIMUM number of boundary miles to be maintained annually are one-hundred (140 miles at Sam Rayburn and 15 miles at Town Bluff) for the base year and each of the four option years. Sustainability: Contractors are required to meet recycled content requirements as set forth by the EPA. Refer to https://www.epa.gov for more details, and utilize the search term - greener products for a list of product categories. Contractors are also required to meet requirements of the Bio Preferred Program, refer to http://biopreferred.gov for a list of products and other resources, such products include, but are not limited to: garden hoses, compost and other materials as may be necessary based on requirements as listed in the PWS. Security Requirements: Reserved. Physical Security: Reserved. Key Control. The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer. Keys: The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor's employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. The procedures shall be included in the Contractor's Quality Control Plan. Antiterrorism / Operation Security Requirements: AT Level 1 Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum. 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. For contractors who do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training. Pre-screen candidates using the E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file. Special Qualifications: The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor shall comply with any applicable Federal, State, County, and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract. Contractors should have experience with this type of work, primarily related to boundary maintenance or surveying. All work must be strictly supervised on-site in order to insure compliance with the terms and conditions of this contract. When the Contractor cannot give personal supervision to the work, he must have an authorized supervisor on the work site at all times when work is in progress, available to receive instructions or questions from the COR. Said authorized on-site supervisor must be able to communicate fluently in English with COR. Contractor must submit qualifications with the quotation. Contract will be awarded based upon the following criteria: Per Unit bid prices Past performance (quality, timeliness, complaints, etc.) on similar contracts. Expertise/Prior experience with similar work Post Award Conference/Periodic Progress Meetings: Upon award of contract, the successful bidder will be required to meet with the COR prior to the start of work for clarification of specific contract guidelines. A designated representative must be present to receive instructions or questions from the COR. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract or task order. Contractor Key Personnel: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. Identification of Contractor Employees: RESERVED Identification of Contractor Employees in the Federal Workplace (Aug - 08): Contractor personnel shall clearly identify themselves to all attendees as a contractor employee before the commencement of meetings with Government or other contractor personnel. Contractor personnel shall clearly and immediately identify themselves as a contractor employee when placing, answering or participating in telephone/VTC conversations with Government or other contractor personnel. When contractor personnel send e-mail messages from or to a Government owned computer, they shall include a signature block that includes their employer's name and the employee's full name / e-mail address. Each of the requirements set forth in paragraphs 1.4.12.1.1 - 1.4.12.1.3 above, must be included in all subcontracts at any tier. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. Organizational Conflict of Interest: In the event an organizational conflict of interest exists, such as the discovery of contractor or subcontractor business of familial relations with a USACE employee, the government will take steps to mitigate the conflict, up to and including termination of the contractor or subcontractor. Special Contract Requirement: INSURANCE Minimum Insurance Requirements: Prior to commencement of work, the Contractor shall furnish the original of his Insurance Certificate directly to the Contracting Officer, Fort Worth District, Corps of Engineers, ATTN: CESWF-CT-S, P.O. Box 17300, Fort Worth, Texas 76102-0300 and one copy directly to the Sam Rayburn Project Office at 7696 RR 255 West, Jasper, TX, 75951; ATTN: John Hamilton. The Contractor shall maintain, during the entire period of his performance under this contract, the following minimum insurance requirements: Comprehensive general liability insurance for bodily injury in the minimum limits of $500,000 per occurrence. No property damage liability is required. Comprehensive automobile liability insurance covering the operation of all automobiles used in connection with the performance of the contract in the minimum limits of $200,000 per person and $100,000 per accident for bodily injury and $20,000 per accident for property damage. Workmen's Compensation and Employer's Liability Insurance in the minimum amount of $100,000.00, or in compliance with applicable State statutes. An endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written noti...