Tuttle Creek Land Restoration and Conservation Services

PERFORMANCE WORK STATEMENT VEGETATION CLEARING & REMOVALTUTTLE CREEK COVE, TUTTLE CREEK LAKE PROJECTWork is for approximately 590 acres, to be broken out over approximately two years.1.0    INTRODUCTION. Tuttle Creek Lake is the second largest lake in Kansas and is located approximately 130 miles west of Kansas City, primarily in Riley and Pottawatomie Counties in the heart of the Flint Hills region of north central Kansas. The project covers 33,600 land and water acres and is approximately 35 miles long; stretching from Manhattan, KS to Blue Rapids, KS.2.0    SCOPE OF WORK. The Contractor shall provide all expertise, labor, supplies, materials, equipment, supervision, and quality control to satisfactorily perform land restorations and conservation services at Tuttle Creek Lake, Kansas City District, U.S. Army Corps of Engineers; in accordance with the specifications herein.3.0    PERIOD OF PERFORMANCE. The Contract period will consist of one (1) base year. The exact starting date

will be determined upon award of the contract. (See para. 4.0 for details.)3.1    PRE-BID TOUR. A Pre-bid tour will be held, beginning at the Tuttle Creek Project Office, on TBD at 10:00 a.m. The tour will consist of a brief review of specifications and visit to the work site. This tour is not required, but highly recommended for the preparation of bids.3.2    PRE-WORK MEETING. Upon award, the Contractor is required to attend a pre-work meeting no later than seven (7) days prior to the first day of the work schedule. The purpose of the meeting will be to review the contract, deliverables, inspect equipment, and address regulatory, operational, environmental controls. The meeting will take place at the Tuttle Creek Project Office at date(s) and time(s) mutually agreeable to the Contractor and the Government. A tour of the work sites may be included, at the discretion of the quality assurance representative.4.0    SCHEDULE. Services shall be completed no later than March 31, 20XX. The Contractor shall not perform services as described in paragraph 5.0 during the following times:DATE    IMPACTDec. 2-13,     Regular Firearms Season (deer)Apr. 1 - Oct. 31    Endangered bat pup rearing seasonApr. 1-30    In the event the contract period is extended, the contractor shall note air quality restrictions prohibit open burning4.1    PROGRESS BENCHMARKS. The Contractor shall meet the following benchmarks to demonstrate progress towards successful completion of services to avoid default:DAYS PAST NTP    BENCHMARK30 days    Provide all submittals as summarized in paragraph 18.060 days    Achieve approval of submittals150 days    Complete at least 50% of pasture clearing as described in paragraph 5.1NTP = Notice to Proceed 4.2    CONTINGENCIES. The Contractor shall clear the areas specified. Contingencies, such as flooding, will not relieve the Contractor from clearing the required area, but may result in identification of alternate, equitable work areas at the discretion of the KO.4.3    CONTRACT PRICE. In the event a variation materially affects the performance of work, the Contractor will be requested to submit a pricing proposal covering the unserviceable or affected portion of work in order that an equitable adjustment to the contract price can be negotiated. Payment for services not performed as a result of conditions stated above would be initially withheld until execution of an equitable adjustment can be made by contract modification(s). A modification in price will occur if a change in scope will substantially result in a cost increase or decrease equal to 30% (based on contractor’s estimate) of the total contract price for the bid year in which the change occurred.5.0    SERVICES5.1    TREE CLEARING. Contractor shall clear all standing and fallen woody vegetation (including trees, limbs, vines, briars, shrubs, brush and existing brush piles) from areas defined in the attached drawings. Any root balls exposed during tree removal must burned or removed from site. Stumps and stub cuts shall be horizontal (to preclude sharp stubs) and flush with the ground to the greatest extent possible. In no case shall any cut stumps or stubs exceed two (2) inches in height. Any trees designated for removal that are located on a slope greater than 3:1 must be removed by hand so there is no soil disturbance.5.1.2    REMOVAL. All debris greater than or equal to 2” in any dimension shall be removed from government property. Methods may include hauling, burning, and/or isolated scatter mulching. The Contractor shall submit a written debris removal plan no later than 30 days prior to work for approval by the Quality Assurance Representative (QA-Rep).5.1.2.1    HAULING. Debris shall be removed from Government property. Contractor is responsible for securing off-site disposal, as defined in debris removal plan.5.1.2.2    ISOLATED MULCHING. Scattered mulch may be left on site to a depth no greater than two (2) inches; in isolated patches not exceeding 1,000 square feet per 1 acre. Mulch is defined as masticated woody debris, with each piece measuring on average <2 inches thick, and <16 square inches in total surface area. Burying or working mulch into soil is not permitted. Methods to achieve this standard shall be identified in the debris removal plan.5.2    BURNING. Use of properly executed prescribed fire is a demonstrated cost-effective management tool on the tallgrass prairie. On-site burning is permitted upon approval of the burn plan and can be utilized to perform debris (brush pile) removal and to prep designated areas for planting of native grass. Contractor is responsible for preparing a burn plan in conformity with the Kansas Forest Service guidance utilizing sound ecological practices, conducting burning in compliance with state and local regulations (to include obtaining a Riley County burn permit), and providing a competent, trained, and equipped burn leader and crew.5.3    CHEMICAL TREATMENT. Contractor is authorized to apply chemicals to prepare designated areas for native grass planting. Contractor shall also utilize herbicide to treat all cut stubs, stumps and stems of live non-cedar species when clearing woody vegetation. All such stems shall be treated on the same day that they are first cut. If stump treatment of brush (dogwood, sumac etc.) is not feasible any regrowth must be treated with an approved herbicide.5.4    NATIVE GRASS PLANTINGS. Contractor shall plant native grass seed mixes as defined in the attached drawings and specified in Attachment B. Authorized planting methods include drilling and broadcast seeding, planting should occur between December 1 and May 15. The seed mix plantings locations are based off of the following elevations: Seed Mix 1 planted at elevations > 1110 msl, Seed Mix 2 planted at elevations 1090-1110 msl.5.5    QUAIL HABITAT PLANTINGS. Contractor shall plant quail habitat (shrub plantings) as defined in the attached drawings and as detailed in Attachment A.5.6    SCREEN PLANTINGS. Contractor shall plant screen plantings/wind breaks as defined in the attached drawings and detailed in Attachment A. Contractor is responsible for staking all trees planted. The contractor is also responsible for mulching all trees and shrubs and providing the initial watering for every plant at the time of planting.5.7    PASTURE CLEARING. Contractor shall clear all standing and fallen woody vegetation (including trees, limbs, vines, briars, shrubs, brush and existing brush piles) from areas defined in attached drawings. Approved methods of clearing include shearing, sawing, clipping and mowing to keep soil disturbance at a minimum. Stumps and stub cuts shall be horizontal (to preclude sharp stubs) and flush with the ground to the greatest extent possible. In no case shall any cut stumps or stubs exceed two (2) inches in height. Trees designated with blue blazes at the base and at breast height shall not be cut. Paragraphs 5.1.2, 5.1.2.1, 5.1.2.2, 5.2 and 5.3 above all apply to this section.6.0    EQUIPMENT, MATERIALS AND SUPPLIES.6.1    CONTRACTOR FURNISHED ITEMS. The Contractor shall provide all equipment, materials and supplies required to perform the services of this contract. All items will conform to State and Federal licensing, insurance requirements and current safety regulations (set forth in EM 385-1-1, current edition available at: http://www.publications.usace.army.mil/Portals/ 76/Publications/EngineerManuals/EM_38 5-1-1.pdf). Equipment breakdown does not relieve the Contractor of the responsibility to complete work prescribed by the contract.6.2    GOVERNMENT FURNISHED ITEMS. The Government will not furnish any type of equipment or materials required for the performance of this contract.7.0    PERSONNEL. The Contractor is permitted to hire additional personnel. Employees of the Contractor must be paid in accordance with the Wage Determination of this contract. The Contractor shall furnish the names of all persons who will perform the requirements of this contract as part of the QC Plan, see paragraph 15.0. The Contractor shall provide adequate supervision of employees to insure performance of contracted work.7.1    SUPERVISION. The Contractor shall provide an on-site supervisor who possesses full authority to direct employees and contract work in the absence of the Contractor themselves. Supervisor designation shall be made in writing and identified in the QC Plan. 7.2    BEHAVIOR. Employees shall exercise tact, diplomacy, courtesy and overall professionalism when interacting with all members of the public, other contractors, volunteers, and Government staff. Likewise, personnel will adhere to all rules and regulations governing Government property and facilities while on project lands and/or in performance of Contract duties. The KO will have final judgment on any behavior in question.8.0    COMMUNICATION. The Contractor or appointed supervisor shall maintain, at minimum, weekly communication with the designated QA-Rep regarding the progress of submittals, services, and other actions affecting performance of the contract. Communication can be made by phone, email, or in-person as mutually agreeable to the Contractor and QA-Rep. The QA-Rep is responsible for documenting any communication substantially impacting performance, and these notes can be made available to the Contractor upon request.9.0    ACCESS. Access to the Contract Area shall, within reason, will be by public access roads. The contractor shall be responsible for securing needed access by non-public routes. At no time shall the contractor trespass without written permission from the landowner(s).10.0    ENVIRONMENTAL PROTECTION10.1    SOIL PROTECTION. The Contractor shall suspend operations when rutting in excess of five (5) inches occurs. When possible, the Contractor may relocate to a more stable portion of the work area. Any rutting in excess of five (5) inches shall be repaired at the Contractor’s expense as soon as weather permits. All trails, landings, and staging areas established or used by the Contractor shall be repaired to pre-work condition prior to completion of the contract. Repairs shall include, but are not limited to smoothing ruts, spreading out piles of soil over the area it was removed from, installing temporary erosion control measures (e.g. water bars), seeding, and strawing. No portion of this contract permits burying or “working in” of debris.10.2    HERBICIDE USE. The Contractor shall utilize a COR approved herbicide, in accordance with paragraph 5.3. Care shall be exercised at all times by the Contractor to protect desirable (non-target) species from damage by the required application of chemicals. Herbicide may not be stored on project lands.10.2.1    APPLICATION. Application of herbicide shall be according to the label directions for the material used. Label directions and/or warnings relative to temperature, inclement weather, or other climatic factors shall be closely adhered to. Chemicals, mix ratios, carriers, or application rates other than specified in the label will not be used without an approved variance. No portions of this contract shall negate the applicability or requirements of any Federal, State, or Local laws or regulations pertaining to herbicide/pesticide management.10.2.2    REPORTING. The Contract shall track the type and quantity used of each herbicide. Totals shall be reported upon submission of final invoice.10.2.3    VARIENCE. When it is the professional opinion of the Contractor that the use of chemicals, mix ratios, carriers, or application rates – other than those specified on the label – will result in equal or better results; the Contractor may request permission for their use. Any such request shall be submitted in writing for approval, and shall specify the chemical, its uses, rates of application, and cost; prior to use. 11.0    SAFETY. The Contractor will meet all applicable requirements of the Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, dated November 2014, available: http://www.usace.army.mil/Portals/2/docs/EP1165-2-316.pdf), OSHA Regulations, and all state and local safety codes while in performance of this contract.11.1    ACCIDENT PREVENTION PLAN. The Contractor shall develop and submit a written accident prevention plan consistent with Appendix A of the Corps safety manual to the QA-Rep no later than 30 days prior to work. This plan must indicate in detail the general policies and procedures for safe operation in the accomplishment of the Contract. The plan will also address:11.1.1    HERBICIDES. Labels and SDS sheets for each chemical shall be submitted for approval prior to use. Permission for the use of the chemical will be provided in writing from the QA-Rep.11.1.2    BURN PLAN. If burn activities are authorized as part of the debris removal plan, a burn plan must be included in the accident prevention plan.11.2    REPORTING. The Contractor shall immediately report any situation that could affect the health or safety of visitors or personnel; inclusive of maintenance needs, utility problems, accidents, or violations.11.2.1    EXPOSURE. The Contractor shall maintain an accurate record of exposure data (man hours worked) and submit the figure in writing monthly by the 2nd day of the following month to the points of contact identified in para 14.2.11.2.2    ACCIDENTS. All accidents resulting in death, traumatic injury, occupational disease, damage to property, materials, supplies and equipment incidental to work performed under this contract will be documented. All accidents will be reported within 24 hours. Accidents resulting in death, injury requiring medical attention, or substantial damage will be reported immediately.11.3    VIOLATIONS. Persistent violations of safety requirements will result in dismissal of offending employee at the request of the KO and/or default of the contract.12.0    GENERAL PROTECTION / SECURITY POLICY. The Contractor shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by Project Manager. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.13.0    INSURANCE. The Contractor shall procure and maintain, during the entire period of performance under this Contract, in accordance with FAR Clause 52.228-5 Insurance-work on a Government installation, the following kinds and minimum amounts of insurance: a.    Workmen’s Compensation    $100,000 per person Or, in compliance with applicable state statutesb.    Employer’s Liability    $100,000, minimumc.    Commercial General Liability    $300,000 per occurrenced.    Commercial Automobile Liability    $100,000 per person(for each road licensed vehicle)    $300,000 per accident for bodily injury$50,000 per accident for property damage13.1 DOCUMENTATION. Policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the Laws of the State in which this contract is to be performed and in no event less than thirty(30) days after written notice there to the KO. Policies shall list the government as additionally insured. Certificate of insurance will be provided no later than 30 days prior to start of work.14.0    INVOICES & PAYMENT. The Contractor shall submit an itemized invoice to be approved by the KO prior to payment and contain the following information: contractor name and address - exactly as it appears on the contract, contract number, date of invoice submission, invoice number, description of services, quantities, unit, unit prices, extended total.14.1    CORRECTIONS. Incorrect invoices will be returned to the Contractor for correction before processing payment. Corrected invoices will be re-dated to reflect the new submission date.14.2    SUBMISSION OF INVOICES. Original invoice for services performed under the contract will be submitted to:US Army Corps of Engineers    TO: Keshia.E.Kellogg@usace.army.mil Tuttle Creek Lake Project Office    CC: Wyatt.M.Cooper@usace.army.mil 5020 Tuttle Creek Blvd.Manhattan, KS 6650214.3    PAYMENT. Upon acceptance by the KO; payment will be made, by the Disbursing Officer, U.S. Army Corps of Engineers Finance Center, Millington, TN; in accordance with the Prompt Payment Act (PL 100-496).15.0    QUALITY CONTROL (QC). The Contractor is responsible for establishing and maintaining adequate QC to insure satisfactory performance of contract work in accordance with specifications. This feature will be assured by a written, comprehensive QC Plan designed to demonstrate how the contractor will meet the contract specifications, document how to identify and correct performance shortfalls, and record inspections of work performed. The Contractor shall submit for approval to the QA-Rep the plan at least 30 days prior to start of work. At minimum the QC Plan will include:a.    An inventory of all Contractor equipment, supplies and materials. Items which do not appear on this list will not be permitted in the service of this contractb.    Communication Plan demonstrating Contractor’s ability to maintain communications with employees and Government personnel, inclusive of all employee names, phone numbers and emails c.    A schedule noting dates, days, times, and locations in which services will be provided.d.    Designation of an on-site supervisor and any alternates, if not the Contractore.    Designation of employees performing QC, if not the Contractor16.0    QUALITY ASSURANCE (QA). A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to determine effectiveness of the QC Plan. The government develops and administers the QASP.16.1    ADMINISTRATION. The Government will monitor the contractor’s performance using the QASP. Typical procedures might include, but not limited to general observation, 100% inspection, and random sampling. The Government reserves the right to inspect and test all services called for by the contract, to the extent practicable, at all times and places during the term of the contract. The Government will perform inspections and tests in a manner that will not unduly delay work.16.1.1    QA REPRESENTATIVE. The Quality Control Representative (QA-Rep) and technical point of contact for day-to-day operations regarding this contract is:QA REPTitle, Location PHONE EMAIL16.2    DEFICIENCIES. A primary objective of the QASP will be to determine the effectiveness of the Contractor’s QC system. If any services fail to conform to contract requirements, the Government will require the contractor to re-perform the service, where appropriate, in conformity at no increase in contract price.16.3    DEDUCTIONS. When defects cannot be corrected by re-performance, 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 (FAR 52.246-4). Payment will not be made for work not performed. Deductions will be made from the received invoice accompanied by an itemized breakdown of each deduction made.16.3.1    RE-INSPECTION. Should it become necessary for the Government to re-inspect defective work due to failure of the QC system, the government may reduce the contract price to reflect re-inspection costs.16.3.2    REPERFORMANCE FAILURE. If the Contractor fails to promptly re-perform the services or take the necessary action to insure future performance in conformity, the Government may by contract or otherwise 1) perform the services and charge the contractor costs incurred by the Government that is directly related to the performance of such service or 2) terminate the contract in whole or in part.16.3.3    DAMAGES. The Contractor shall be responsible for repairing or replacing damaged property to the satisfaction of the KO due to Contractor negligence. Repairs or replacement shall be made within seven (7) days or less of the incident as dictated by the KO. Should the Government make necessary repairs or replacement of damage; all costs associated with said repairs or replacement will be deducted from the next invoice(s) received or billed accordingly should the costs exceed the contract price.16.4    DEFAULT. The Government may terminate the contract due to Contractor’s failure to perform the requirements specified in this contract, or make progress so as to endanger performance of this contract. The following is a partial listing of reasons for which default may be considered:•    Contractor fails to meet one or more progress benchmarks as defined in paragraph 4.1.•    Contractor repeatedly fails to meet minimum performance requirements as defined in Attachment C; no more than three (3) A-level, or five (5) B-level critical weights.•    Repetitive safety violations; no more than five (5) violations•    Excessive damage to Government property; exceeding $5,000 in value.17.0    PERFORMANCE REQUIREMENTS (PR). Attachment C summarizes contract service standards, requirements, and thresholds for minimum acceptable levels of service. Services provided will be inspected for compliance with the PRs.18.0    SUBMITTALS. The Contractor shall submit the following documents to the QA-Rep 30 days prior to the Pre-Work Meeting, unless otherwise noted. All submittals, other than copies of licenses and contracts, shall be typed. Should the QA-Rep determine any submittals do not meet contract requirements, the document shall be re-submitted within one (1) week of change notification. Changes to any of these submittals shall be provided in writing and approved by the QA-Rep prior to occurring during the course of work.a.    All applicable licenses and permits required to perform contract work, inclusive of copies of driver and equipment operator licenses for each employee so assignedb.    A debris removal plan specific to each service, as defined in paragraphs 5.1.2 and 5.2c.    A list of names for all employees, as defined in paragraph 7.0d.    Herbicide Usage Report, as defined in paragraph 10.2.2e.    An Accident Prevention Plan, as defined in paragraph 11.1; inclusive of all herbicides to be used and accompanying SDS sheets, and any applicable burn plansf.    Monthly exposure hours, as defined in paragraph 11.2.1g.    Certificates of insurance, as defined in paragraph 13.0h.    An invoice, as defined in paragraph 14.0i.    QC Plan, as defined in paragraph 15.0