CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P4226R0012 – Amendment 0002

PAGE OF

SECTION A - TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule

A Solicitation/Contract Form 1

B Schedule of Items 6

C Specifications/Drawings 7

D Packaging and Marking 23

E Inspection and Acceptance 23

F Deliveries or Performance 24

G Contract Administration Data 25

H Special Contract Requirements 32

PART II – Contract Clauses

I Contract Clauses 35

PART III – List of Documents, Exhibits, and Other Attachments

J List of Attachments 65

PART IV – Representations and Instructions

K Representations, Certifications, and Other Statements of Offerors 66

L Instructions, Conditions, and Notices to Offerors 75

M Evaluation Factors for Award 87

SECTION B – BID SCHEDULE

Item Quantity Unit of

No. Description Measurement Unit Price Total Price

00010 Rehabilitation of Second Bank Block 1 Lump Sum $ $

Landscape Features

00020 Optional Item 1 – Repairs to 1 Lump Sum $ $

Perimeter Walls (Subject to

Availability of Funding)

00030 Optional Item 2 – Rebuild 1 Lump Sum $ $

Interpretive Foundation Walls

(Subject to Availability of Funding)

00040 Optional Item 3 – Sculpture 1 Lump Sum $ $

Conservation (Subject to Availability

Of Funding)

00050 Optional Item 4 – Pervious Concrete 1 Lump Sum $ $

Paving (Subject to Availability of

Funding)

Total Base Price $

Total Optional Items Price $

Total Base & Optional Items Price $

Notice – Offerors are required to submit, at minimum, an offer that conforms to the solicitation documents with pricing for all Base Items. Failure to do so may render the proposal unacceptable. On lump-sim line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in related item. In case of error in calculation of extended prices, the unit price government. In case of error in summation, the total of the corrected amounts governs. Round total and extended prices to whole dollars.

Note - Optional Item 4 – Pervious Concrete Paving should only be the difference between “aggregate concrete” that is required under Line Item 00010, and what it would cost to use “pervious concrete” instead for Line Item 00010. For example if Line Item 00010 is $1,000,000.00 for all work including “aggregate concrete.” Line Item 00050 should only show what the difference would be to use “pervious concrete” instead of “aggregate concrete.” If use of “pervious concrete” is a negative difference (i.e. cheaper) show the negative number, and this negative number will be deducted at award from Line Item 00010. If it is a positive difference (i.e. more expensive), Line Item 00010 will be awarded for what was proposed, and Optional Item 4 (Line Item 00050) will be included in the award indicating the intent to use “pervious concrete” versus “aggregate concrete.”

Note - the Requirement is being solicited under the Revolutionary FAR Updates (RFO) - Simplified Acquisition

Procedures under RFO FAR 12 – Acquisition of Commercial Products and Commercial Services, which now includes Construction, as authorized by RFO FAR 12.200 (b). The requirement also includes original Federal

Acquisition Regulations (FAR) that have not been implemented by the DOI under the RFO.

SECTION C – SPECIFICATIONS/DRAWINGS

C.0 NATIONAL PARK SERVICE

The National Park Service (NPS) is a bureau of the U.S. Department of the Interior (DOI) that has been entrusted with the care of our national parks since 1916. The National Park System currently has 433 units (often referred to as parks), covering more than 85 million acres in all 50 states, the District of Columbia, and US territories.

The NPS also has more than 150 related areas that are linked in importance and purpose to places managed directly by the

National Park Service by preserving important segments of the nation's natural and cultural heritage. They are designated by acts of Congress or by the Secretary of the Interior (affiliated areas). The majority of related areas are not units of the

National Park Service and are managed by other government agencies or non-government organizations and landowners.

The National Park Service is involved in related areas by directly managing the entire or sections of a related area, or by providing technical or financial assistance.

The NPS preserves unimpaired natural and cultural resources, and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The NPS cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.

C.1 INDEPENDENCE NATIONAL HISTORICAL PARK (INDE)

Independent National Historical Park (INDE) is a park that represents the founding ideals of the nation and preserves national and international symbols of freedom and democracy, located in Philadelphia, PA. INDE is the home of the

Liberty Bell Center, which houses the famous Liberty Bell. The Liberty Bell cracked with its first ring and later became a symbol of liberty in the 19th century.

INDE is also home to Independence Square, which includes the notable Independence Hall and Congress Hall. Congress

Hall was the home to the U.S. Congress from 1790 to 1800 when Philadelphia served as the temporary capital of the

United States. Independence Hall, is the location where both The Declaration of Independence and US Constitution were debated and signed and is also designated as a UNESCO World Heritage Site.

Besides the two most notable structures stated above, you can visit the Old City Hall which was the home to the Supreme

Court from 1791-1800, the Merchants’ Exchange Building, Franklin Court Sites, Declaration House where Thomas

Jefferson drafted the Declaration of Independence and Washington Square to name a few. INDE also includes several gardens that you can walk through and enjoy, including the 18th Century Garden, Rose Garden, Magnolia Garden and the

Benjamin Rush Garden. For more information, please visits INDE’s website at: Independence National Historical Park

(U.S. National Park Service)

C.2 PURPOSE

The National Park Service – Contracting Operations – Critical Acquisition Response Team (CART) is seeking one (1) contractor to provide all labor, supervision, materials, tools, supplies, transportation, personal protection equipment, and support equipment incidental for the rehabilitation of the Second Bank Block Landscape features.

A. Base item work consists of:

1. Replacement of damaged walkways and paving, including the Morris Sculpture surrounds

2. Construction of an exposed aggregate concrete walk to replace the desire pathway.

3. Address drainage deficiencies through regrading and reseeding and repair of drainage systems

4. Restoration of trees and shrub plantings around Morris Plaza.

5. Helical pile foundation repairs at Morris Statue base and pier at south Walnut Plaza.

B. Optional/Additive Items work consists of (Subject to Availability of Funding):

https://www.nps.gov/inde/index.htm https://www.nps.gov/inde/index.htm

1. Optional Item 1: Repair of deteriorating perimeter walls

2. Optional Item 2: Restoration of interpretive site walls representing historic structures on new foundations and associated soils and planting renewal

3. Optional Item 3: Conservation of Robert Morris statue and stone plinth off-site and restoration/repair and cleaning of marble base and steps. Replacement of concrete foundation. Reinstallation of sculpture.

4. Optional Item 4: pervious concrete instead of exposed aggregate concrete as stated in (A)(2) above.

C. Reference Section C.3 – Special Project Specification below and the Section J – Attachment for specific Project

Requirements for each Project and Location, in addition to what is included in Section C of this Document.

C.3 SPECIAL PROJECT SPECIFICATIONS

All work shall be performed in accordance with the special project specifications and this Section C.

Attachment 1 – INDE 308228 Specifications

Attachment 2 – INDE 308228 Second Bank Block CD Drawing Set 022625

Attachment 3 – Appendix A – Conditions Survey Drawings

Attachment 4 – Appendix B – Robert Morris Statue Nondestructive Testing Report – 7-5-2023

Attachment 5 – Appendix C – Robert Morris Statue Assessment & cleaning Tests Report – 8-11-2023

C.4 PERIOD OF PERFORMANCE

The Period of Performance is 365 days after issuance of full Not-to-Proceed (NTP). The full NTP start date is based on actual mobilization date which will be established after submittals are approved. A partial NTP may be issued at the request of the COR and/or Contractor for the submittal process after award but will not count towards the 365 days for the full NTP. If not requested, contractor shall assume submittal process begins immediately after award.

C.5 PLACE OF PERFORMANCE AND HOURS OF OPERATION

Independence National Historical Park

143 S. 3rd Street

Philadelphia, PA 19106

Hours of Operation: Work shall be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, federal holidays excluded, unless authorized by the COR in writing. Specific hours may be determined at award. If the

NPS determines that the safety of visitors is threatened by the Contractor’s operations, all or part of the Contractor’s operations may be suspended until agreement is reached on additional safety measures and precautions. The Contractor must at all times 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.

Additional requirements applicable to both locations

A. Do not execute operations during:

1) Federal holidays, unless otherwise agreed to in advance by Park.

2) Weekends, unless otherwise authorized by Park.

3) Official ceremonies.

B. Weekend Hours: Do not perform Work, unless authorized by Government.

1) Request authorization 72 hours in advance, minimum, in writing.

C. Holiday Hours: Do not perform Work, unless authorized by Government.

1) Request authorization 72 hours in advance, minimum, in writing.

These are the following observed Federal Holidays:

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January

President’s Day – Third Monday in February

Memorial Day – Last Monday in May

Juneteenth – June 19th

Independence Day – July 4th

Labor Day – First Monday in September

Columbus Day/Indigenous Peoples Day – Second Monday in October

Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November

Christmas Day – December 25th

Note - if any of the holidays stated above fall on a Saturday, the Friday before the actual day is the official day the

Government takes for the holiday. If the holiday falls on a Sunday, the Monday after the actual day is the official day the

Government takes for the holiday. These dates do not account for any other days or shorten days that may be added prior to any of the holidays mentioned above that may be added at the discretion of any Presidential Administration and implemented by the DOI.

C.6 GENERAL PERFORMANCE/PROJECT REQUIREMENTS

In addition to what is stated in Attachment 1 – INDE 308228 Specifications

A. Noise, Vibration, and Odors:

1. When construction noise affects residences, it should be no more than five decibels above the background sound level from: 8 p.m. to 7 a.m. on weekdays. 8 p.m. to 8 a.m. on weekends

2. Coordinate operations that may result in high levels of noise and vibration, odors, dust or other disruption to

Government occupancy with Government and neighboring parties.

3. Notify Government not less than four days in advance of proposed disruptive activities.

4. Obtain Government written permission before proceeding.

B. Nonsmoking Building:

1. Smoking is not permitted inside or upon structure or within 25 feet of entrances, operable windows, or outdoor-air intakes.

2. No litter from smoking shall be present on, near or adjacent to the Site.

3. Areas where smoking is allowed shall be at a location directed and approved by Government.

C. Controlled Substances:

1. Use of controlled substances within the existing building is not permitted.

D. Park Security:

1. Special security requirements for the Project(s) maybe required and will be announced at the Pre-Bid and Pre-

Construction meetings.

E. Additional Restrictions:

1. Photographs, social media posts, online content, or any form of communication is strictly prohibited regarding all aspects of this requirement unless authorized in writing by the COR.

2. Any work that must be performed by a licensed/certified technician (i.e. Crane Operators, Electricians, Plumbers, HVAC Technicians, Landscape Technicians, etc.) shall be performed by state-licensed/certified technicians. The applicable state-license/certification must be from the State where the work is performed, no exceptions.

3. Any welding shall be performed by licensed welders and in compliance with American Welding Society recommended practices, structurally sound, and shall be neat in appearance.

C.7 SAFETY

1. Conduct all operations and procedures in a manner to ensure the safety for all and to minimize inconveniences.

a. Methods shall be compliant with OSHA and other applicable regulations, including State and local bodies having jurisdiction.

b. Deliver to Government:

i. Schedule for safety meetings.

ii. Project specific emergency response plan.

iii. Project specific accident prevention plan.

iv. Possess first aid equipment on site, and other areas as required.

v. Provide necessary safety equipment on site to perform the construction activities as required by regulation.

2. Traffic Control: When applicable, the Contractor shall be responsible for providing own traffic control when operating equipment along roads. Flaggers shall be equipped with safety vests and two-way radios and control traffic in both directions. Roadside operations shall be signed, or otherwise identified by barricades, and employees/sub-Contractors working along roads identified by safety vests or other identifiable clothing.

Contractor shall be required to adhere to Federal Highway Administration Manual on Uniform Traffic Control

Devices (MUTCD) and OSHA guidelines for traffic control. Traffic control signing must be coordinated with the

COR/POC or park law enforcement three days in advance.

3. Safety Meetings: Contractor shall conduct documented daily safety meetings.

Addition, during the execution of this contract, the Contractor must conform to the rules and regulations, as amended and as set forth by:

• 29 CFR 1910 – OSHA General Industry Regulations & Standards.

• National Park Service Occupational Safety and Health Program – Reference Manual 50B - Reference Manual

50B: NPS Occupational Safety and Health Program

• Most Recent Superintendents Compendiums as amended:

o INDE - Superintendent's Compendium - Independence National Historical Park (U.S. National Park

Service)

• All Contractor or employee conduct is subject to park rules and regulations concerning: littering, wildlife harassment, collecting, resource damage and other topics as specified for the NPS in the Code of Federal

Regulations title 36 (eCFR :: 36 CFR Part 2 -- Resource Protection, Public Use and Recreation).

• Directors Orders - Director's Orders and Related Documents/NPS Office of Policy – which can have an impact on work performed.

• Use of barricades, ropes, signs, or audible signals is required, and the contractor must take all necessary precautions for the protection of the work, property, and safety of the public.

• A temporary security fence (on footers) may be installed to prevent access to excavated areas, construction areas, and/or storage area only after written approval of COR/POC.

• Reference Attachment 1 – INDE 308228 Specifications for additional requirements to what is stated herein, specifically Section 01 35 23 – Safety Requirements

C.8 PERSONAL PROTECTIVE EQUIPMENT (PPE)

1. The Contractor shall furnish personal protective equipment (PPE) to crew members respective of the type of work being completed (i.e., hard hat, eye and hearing protection, leather gloves, etc.).

https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928 https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928 https://www.nps.gov/inde/learn/management/compendium.htm https://www.nps.gov/inde/learn/management/compendium.htm https://www.ecfr.gov/current/title-36/chapter-I/part-2 https://npspolicy.nps.gov/DOrders.cfm

2. The contractor shall train workers in the safe operation and use of equipment that they will be using to accomplish the work under this contract. Occupation Safety & Health Administration (OSHA) standards PPE shall be followed; information can be found at OSHA PPE Standards.

3. PPE, including personal protective equipment for eyes, face, head, and extremities, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

4. Defective or damaged PPE shall not be used and shall be either repaired or replaced.

C.9 ACCIDENT REPORTING

The contractor shall report emergency situations, such as accidents involving property and/or personal injury or other unforeseen circumstances and shall follow required emergency reporting procedures according to the CO/COR approved

Safety Plan. In the event of an emergency the contractor shall dial 911.

A . Accident Reporting: Reportable Accidents: A reportable accident is defined as death, occupational disease, traumatic injury to employees or the public, property damage by accident in excess of $100, and fires.

a. Notify COR/POC and CO immediately in the event of a reportable accident.

b. Fill out and forward an Accident/Property Damage report Form (CM-22) to COR/POC and CO within 7 days of a reportable accident. Obtain form from COR/POC or CO.

B. All Other Accidents: The Contractor shall report all other accidents to the CO as soon as possible and assist the

Contracting Officer and other officials as required in the investigation of the accident.

C.10 FIRE PREVENTION AND PROTECTION

• Any accidental fire starts shall be reported immediately to COR and/or INDE Fire Management Fire

Management. Should the fire exceed the size of a campfire and threaten workers safety, the contractor should depart the area and call 911 or INDE Fire Management Fire Management immediately.

• Hazard Control: Take all necessary precautions to prevent fire during construction. Keep flammable substances or materials at a safe distance from use of volatile or noxious substances.

• Smoking is prohibited in the work areas in sites designated for the contractor’s use. Designate a space away from the work area be used for smoking. Cigarette butts must be disposed of properly.

• Protection Equipment Required: Furnish a minimum of one extinguisher for each 1,500 square feet of area or major fraction thereof and a sufficient number to meet the requirement that a travel distance from any workstation to the nearest extinguisher shall not exceed 75 feet. Fire extinguisher shall be of type and size appropriate for the work but no less than 10lb.

C.11 HOT WORK REQUIREMENTS

A. NPS Hot Work Permit – A permit is required for any operation involving open flame or producing heat and/or sparks, such as welding, brazing, cutting, and soldering. Coordinate permitting procedures with COR/POC. Here are the minimum elements regarding the permit:

• Designated Areas: Hot work must be performed in designated or permit-required areas, which are approved by the Park Structural Fire Coordinator.

• Precautions: Before starting, ensure all necessary precautions are taken, including isolating flammable materials and establishing a fire watch.

• Permit Requirements: A signed Hot Work Permit on Form HW-1 must be issued by the designated authority before any hot work operations begin.

• Safety Measures: Conduct thorough inspections, ensure proper isolation of the work area, and provide appropriate personal protective equipment.

B. Hot Work Plan - The Contractor shall prepare a compliant plan and submit it for review 14 days prior to the request to perform hot work. Perform and safeguard hot work operations in accordance with NFPA 51B and

NFPA 241 as applicable. The Plan shall be prepared and submitted in conjunction with the Hot Work Permit to the COR/POC.

C.12 EQUIPMENT REQUIREMENTS

A. All equipment/tools shall only be used within the limits of the manufacture’s recommendations.

B. Contractor may use heavy equipment, cranes, aerial lifts, ladders, and other typical standard industry equipment, as applicable, for the tasks being performed.

1. Proper ground protection, such as plywood or other industry approved matting must be used to protect the grounds from damage (rutting, damage to concrete, etc.).

C. All tools/machinery/equipment/vehicles shall be safeguarded from the public.

Tools/machinery/equipment/vehicles shall not be left unattended. All tools/equipment shall not be allowed to lie around except in the immediate work area.

D. Any tools not in immediate use shall be staged or stowed in such manner so as not to create a hazard. The government and contractor will agree on delineating the work area around the project.

E. Any damaged caused to NPS property through equipment use shall be restored and/or repair to original conditions at contractor expense.

C.13 EQUIPMENT LIMITATIONS

A. All equipment must meet all federal OSHA, state and local safety requirements and must be properly licensed.

B. The name or logo of the contractor must be clearly displayed on all trucks used on the job.

C. The following load restrictions shall not be exceeded:

Single Units Gross Vehicle Weight

2 axles 40,000 lbs. (18,100 kg)

3 axles 48,000 lbs. (21,800 kg)

4 axles 52,000 lbs. (23,600 kg)

Combination Units Gross Vehicle Weight

3 axles 57,000 lbs. (25,900 kg)

4 axles 62,000 lbs. (28,100 kg)

5 or more axles 66,000 lbs. (29,900 kg)

C.14 SAFETY PLAN

The Contractor shall draft and provide a safety plan specific for each location identified above in C.2. The Safety Plan shall be available to all employees and subcontractors working on the contract and subsequent task orders. The Safety

Plan should cover at a minimum:

a. What is required in Attachment 1 – INDE 308228 Specifications – Section 01 35 23 – Part 2 – Products (2.1)

Accident Prevention Plan (AAP)

b. Personal Protective Equipment required for the work under the contract (see C.8 above and Attachment 1 –

INDE 308228 Specifications - Section 01 35 23)

c. Accident Reporting (see C.9 above and Attachment 1 – INDE 308228 Specifications - Section 01 35 23)

d. Fire Prevention and Protection (see C.10 above)

e. Hot Work (see C.11 above)

f. Equipment use (see C12 and C.13 above)

C.15 DRONES/UNMANNED AERIAL VEHICLE (UAV) USAGE

The use of drones and/or UAVs are not authorized at INDE during performance of this contract.

C.16 PROHIBITION OF WEAPONS/FIREARMS

18 USC 930 is Federal law that supersedes Section 512 of Public Law 111-24 and prohibits the possession of a firearm or other dangerous weapon in a Federal facility. Federal facilities are buildings or parts thereof owned or leased by the

Federal Government, where Federal employees are regularly present for the purpose of performing official duties. No weapon or firearms are authorized within INDE at any time.

C.17 TEMPORARY FACILITIES/WORK AREA

1. ACCESS: Vehicular access is possible from the walkways and sidewalks of INDE except for Independence

Square, where access is via a driveway ramp. The contractor shall at all times conduct his operations to insure the least inconvenience to the public and Park operations. Blocking of walkways and sidewalks along the street must be kept to a minimum. While walks are to be blocked, signage necessary to direct pedestrians around the obstruction safely will be required. Keep a minimum of two rolls of Warning Tape on site at all times. There shall be no deviation from the specifications regarding the safety of the Park's staff or visitors. In the event of such an occurrence, the CO will review and determine the timeframe for Contractor compliance.

2. PARKING: It is important that the historic scene in INDE be preserved for the enjoyment of the Park’s visitors.

For that reason, there is no on-site parking. No parking is allowed on any INDE property except to load and unload vehicles, including Liberty Street The Contracting Officer’s Representative will provide a Park unloading permit for this purpose. Failure to remove Contractor vehicles after unloading could result in vehicles being ticketed or towed. Vehicles that are actively employed in work are allowed on site. For a possible street parking permit, which allows parking at legal metered spaces, contact the Philadelphia Parking Authority.

3. STORAGE: Confine storage of materials to laydown area as indicated in the drawings and ensure constant access to adjacent laydown area by other contractors working concurrently in the area.

4. CONDUCT: Contractor shall at all times conduct operations to ensure the least inconvenience to occupants and visitors.

• Contractor shall clean site of all construction debris and leave site in a neat and orderly appearance with walkways clean and clear at the end of each workday.

• Loud noise must be kept at a minimum.

5. RESTROOMS: No private restroom facility is available onsite for the contractor’s use. The park provides public restroom in the Independence Visitor Center, which is located at 599 Market Street.

6. TELEPHONE: No telephone service is available on site for the contractor’s use.

7. ELECTRIC: Government may not provide connections to existing electrical facilities. Contractor shall provide proper power as considered necessary in performance of the contract. COR shall review and approve all electric connections prior to any electric hookups.

8. WATER: Water may be available in hose bib attachments in some irrigation system valve boxes, and outside hose bibs at select walls and buildings. COR shall review and approve all water connections prior to any water hookups. Contractor is responsible for any permits and associated fees pertaining to the use of city fire hydrants, if required.

C.18 INTERRUPTION OF WORK

ENVIRONMENTAL - The Contracting Officer, by issuance of a stop work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor shall be given a resume work order, which shall document the date the stop work order ended. An allowance has been included in the contract time for short-term environmental delays up to one day at a time. The count of contract time shall therefore continue during stop work of one day or less, but the count of contract time shall stop during stop work orders in excess of one day at a time. All periods of stop work by the Government shall be documented. Actions taken under this paragraph shall be subject to FAR 52.242-14 - Suspension of Work. (APR 1984).

SPECIAL EVENTS - The Government through the COR/POC may direct the Contractor to stop work and all operations in the event of scheduled or unscheduled events at INDE, which may include official ceremonies. The work may also just be restricted to certain locations at the discretion of the COR/POC.

HISTORICA/ARCHEOLOGICAL/CULTURE RESOURCES – see C.19 below.

C.19 PRESERVATION OF HISTORICAL/ARCHEOLOGICAL/CULTURAL RESOURCES

A. Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data

(including relics and specimens) which might otherwise be lost due to alteration of terrain because of any Federal construction project.

B. The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, cultural, or archeological data the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location.

C. Immediately stop working if paleontological, archaeological, or historical remains (including burials or skeletal material) are encountered, until work is permitted to resume by written order from the CO. the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location. The CO and/or COR will notify the Regional Archaeologist, so the provisions of 36 CFR 800.7 (Resources Discovered During Construction) and other relevant laws are followed. Work in other areas may proceed as approved by the CO.

D. Where appropriate by reason of discovery, the CO may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract which are incorporated by reference.

E. The Contractor must insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

F. Contractor shall also adhere to requirements stated in Attachment 1 – INDE 308228 Specifications, in addition to what is stated above.

C.20 PERMITS AND CERTIFICATES

Submit copies of all permits and certificates as required by the contract. All permit costs shall be incorporated into

Contractors’ proposal cost, which may or may not be a separately priced line item.

Reference Attachment 1 – INDE 308228 Specifications for more information.

C.21 SUBMITTAL PROCEDURES

Contractor shall adhere to the requirements stated in Attachment 1 – INDE 308228 Specifications, specifically Section 01

33 23 – Submittal Procedure.

C.22 CONSTRUCTION QUALITY CONTROL PLAN

A. Designate in writing a single person to oversee and manage on-site quality control activities for the project.

B. The Contractor is responsible for quality control of all project work including any sub-contracted work, and to submit thorough documentation that work fully complies with the construction documents and project permits.

C. In addition to what is required in Attachment 1 – INDE 308228 Specifications, the quality control processes include but are not limited to proactively:

1. Make vertical work plumb and make horizontal work level.

2. Managing specialty subcontractors.

3. Reviewing and processing samples, mock-ups, shop drawings and other construction submittals.

4. Ensuring that the workers have the appropriate expertise and proper equipment to perform the work.

5. Effectively utilizing third-party sampling & testing services (typically for earthwork gradation, compaction, concrete & asphalt testing, welding, pile driving and other specialty inspections).

6. Initialing timely reviews and corrective actions to substrates prior to proceeding with subsequent work.

7. Timely involvement of industry specialists such as manufacturer representatives when required.

8. Managing system commissioning (if applicable).

9. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated, and maintain headroom clearance of 96” in occupied spaces and 90” in unoccupied spaces.

10. Training NPS personnel in system operation & maintenance.

11. Timely involvement of local authorities having jurisdiction.

12. Managing Load-Limits: Heavy equipment operated on NPS roads and parking areas shall comply with highway-legal load limits unless explicitly approved otherwise.

C.23 ENVIRONMENTAL REGULATIONS

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by their subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to:

• Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards;

• Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ);

• Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

• Endangered Species Act, as amended (16 U.S.C. Sec 1531 ET SEQ);

• Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ);

• National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ);

• Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ);

• Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).

Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

C.24 MATERIAL & EQUIPMENT TRANSPORTATION, HANDLING AND STORAGE

A. Contactor shall have a representative on site to receive material deliveries, and the contractor shall remain responsible for all material deliveries whether their representative is on site at the time of delivery or not.

B. Government-owned equipment is not available for Contractor’s use to accomplish any Work, and Government buildings and other facilities are not available for storage of Contractor’s materials, equipment, and tools.

C. Transport, handle, and store materials and equipment in accordance with the manufacturer’s written instructions, and in a secure manner.

D. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Protect liquids from freezing.

E. Promptly remove from the project site any materials or equipment that are damaged or are otherwise unsuitable.

F. Additional Permitting, fees, and coordination may be required working within the limits of Philadelphia, PA.

G. Additional restrictions may be imposed due to unforeseen events or security threats at either location.

C.25 CONTRACTOR'S REPRESENTATIVE

The Contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who act for the contractor when the Contractor is absent shall be designated in writing to the CO. The

Contractor representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor representative and alternate(s) must be able to read, write, speak, and understand English without use of a translator. Under no circumstances shall any documents, Task Orders Statement of

Work, Work Schedules, Contractor submittals, Contractor plans, etc., be translated. All documentation shall be submitted in the English language.

C.26 STATUE RESTORATION SPECIALIST

The contractor shall provide a Statue Restoration Specialist that has a deep understanding of bronze materials, historical casting methods, conservations materials and techniques and restoration processes; and is responsible for preserving, repairing and restoring bronze sculptures and monuments, ensuring their structural integrity, aesthetic quality and historical authenticity.

A. General Requirements:

• Assessment and Documentation – Must be able to examine bronze statues to determine condition, identify damage, corrosion, or previous repairs, and document findings for restoration planning.

• Restoration Planning – Develop detail restoration strategies, including materials selection, repair techniques, and conservation methods, while adhering to historical and cultural preservation standards.

• Repair and Fabrication – must be able to perform precise repairs such as soldering, welding, or casting replacement parts for broken or missing elements, and fabricate new components when necessary. Ability to replicate original textures, finishes, and artistic intent while maintaining structural integrity.

• Surface Treatments – must be able to apply patination, hot waxing, polishing, or protective coatings to restore the original appearance and protect against environment damage.

• On-site and Studio Work – must be able to conduct restoration work in off-site location or on-site, which may include the careful deinstallation and reinstallation of large outdoor sculptures.

• Collaboration and Reporting – Work with others to ensure restoration meets safety, aesthetic and historical standards.

B. Specific Requirements

• Reference C.3 – Special Project Specifications for all requirements.

C. Minimum Qualifications:

• Fellow or Professional Associate (PA) of the American Institute for Conservation (AIC), in good standing.

C.27 UNDOCUMENTED WORKERS

This contract involves the employment of unskilled labor working under arduous field conditions. Such employment may be attractive to persons coming from foreign countries, sometimes illegally. Offerors are reminded that it is a crime to bring into the United States, transport within the United States, and to harbor aliens who do not have a proper visa for entry and working in this country (8 U.S.C. § 1323-1325). If violations are suspected by the COR during the performance of work on this (these) project(s) they shall be reported to the U.S. Immigration and Naturalization Service for investigation and appropriate action. Conviction of the Contractor for commission of a criminal offense referred to herein shall be deemed sufficient cause for default and the initiation of debarment or suspension proceedings to prevent the

Contractor from receiving future Government contracts.

C.28 CONTRACTOR EMPLOYEE CONDUCT

• The Contractor’s employees shall, always, while on the job site, whether on or off duty, conduct themselves in a professional, orderly, and safe manner.

• Rudeness, fighting, being under the influence of alcohol and/or drugs or bringing and/or consuming alcohol and/or drugs, gambling, soliciting, stealing, and any immoral or otherwise undesirable conduct shall not be permitted on the job site. Any employee engaging in such conduct shall immediately and permanently be removed from the job site.

• All contract employees shall display professionalism in all interactions with one another, the public and

Government employees. The Contracting Officer may require the Contractor to remove any employee working under this requirement for reasons of misconduct and security, or if found to be (or suspected to be) under the influence of alcohol, drugs, or other incapacitating agent(s).

• A Contractor’s employee may be subject to removal from the premises upon determination by the Contracting

Officer that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the service as specified.

• Contractor employees shall not loiter in any working or patron area. Upon completion of their assigned work, employees shall promptly depart from the public areas.

C.29 BIOBASED AND SUSTAINABLE PRODUCTS

The Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and

Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and

Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating

Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that may be required in performance of this construction contract:

• 2-Cycle Engine Oils – 34% Minimum Biobased Content

• Adhesive and Mastic Removers – 58% Minimum Biobased Content

• Adhesives – 24% Minimum Biobased Content

• Agricultural Spray Adjuvants – 50% Minimum Biobased Content

• Cleaning Tools - 22% Minimum Biobased Content

• Clothing – Utility Gloves – 25% Minimum Biobased Content

• Concrete Curing Agents – 59% Minimum Biobased Content

• Concrete Repair Materials – Concrete Leveling – 23% Minimum Biobased Content

• Concrete Repair Materials – Concrete Patching – 69% Minimum Biobased Content

• Concrete and Asphalt Cleaners – 70% Minimum Biobased Content

• Concrete and Asphalt Release Fluids – 87% Minimum Biobased Content

• Corrosion Preventatives – 53% Minimum Biobased Content

• Erosion Control Materials – 77% Minimum Biobased Content

• Fertilizers – 71% Minimum Biobased Content

• Foliar Sprays – 50% Minimum Biobased Content

• Gardening Supplies and Accessories – 43% Minimum Biobased Content

• Greases – Truck – 71% Minimum Biobased Content

• Intermediates – Cleaner Components – 55% Minimum Biobased Content

• Masonry and Paving Systems – 25% Minimum Biobased Content

• Metal Cleaners and Corrosion Removers – Corrosion Removers – 71% Minimum Biobased Content

• Metal Cleaners and Corrosion Removers – Other Metal Cleaners – 56% Minimum Biobased Content

• Mobile Equipment Hydraulic Fluids – 44% Minimum Biobased Content

• Mulch and Compost Materials – 95% Minimum Biobased Content

• Multipurpose Cleaners – 56% Minimum Biobased Content

• Penetrating Lubricants – 68% Minimum Biobased Content

• Pneumatic Equipment Lubricants – 67% Minimum Biobased Content

• Safety Equipment – 25% Minimum Biobased Content

• Shopping and Trash Bags – 22% Minimum Biobased Content

• Soil Amendments – 72% Minimum Biobased Content

• Specialty Precision Cleaners and Solvents – 56% Minimum Biobased Content

• Stone and Granite Cleaners – 60% Minimum Biobased Content

• Wood and Concrete Sealers – Membrane Concrete Sealers – 11% Minimum Biobased Content

• Wood and Concrete Sealers – Penetrating Liquids – 79% Minimum Biobased Content

• pH Neutralizing Products – 25% Minimum Biobased Content

C.30 DEFINITIONS (Not included in Federal Acquisition Regulations)

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

2-Cycle Engine Oils - Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear.

Adhesive and Mastic Removers – Solvent products formulated for use in removing asbestos, carpet, and tiles mastics as well as adhesive materials, including glue, tape, and gum from various surfaces.

Adhesives – Compounds that temporarily or permanently bind two item surfaces together. These products include glues and sticky tapes used in construction, household, flooring, and industrial settings. This category excludes epoxy systems.

Agricultural Spray Adjuvants – Products mixed in the spray tank wit the herbicide, pesticide, or fertilizer formulas that will improve the efficiency and the effectiveness of the chemicals, including sticking agents, wetting agents, etc.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Cleaning Tools – Objects that are used to clean a variety of surfaces or items and can be used multiple times. This category includes tools such as brushes, scrapers, abrasive pads, and gloves that are used for cleaning. The expendable materials used in cleaning, such as glass cleaners, single use wipes, ad all-purpose cleaners, are excluded from this category as these materials better fit in other categories.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in

Section I of this contract, requiring work to be performed, within the general scope of the contract.

Clothing – Utility Gloves – A fitted hand garment used to protect hands in industrial and construction work.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special

Project Specifications.

Concrete Curing Agents – Products that are designed to enhance and control the curing process of concrete.

Concrete Repair Materials – Concrete Leveling – Products that are designed to repair cracks and other damage to concrete by raising or stabilizing concrete.

Concrete Repair Materials – Concrete Patching – Products that are designed to repair cracks and other damage to concrete by filling and patching the concrete.

Concrete and Asphalt Cleaners - Chemicals used in concrete etching as well as to remove petroleum-based soils, lubricants, paints, mastics, organic soils, rust, and dirt from concrete, asphalt, stone and other hard porous surfaces.

Products within this item include only those marketed for use in commercial or residential construction or industrial applications.

Concrete and Asphalt Release Fluids – Products that are designed to provide a lubricating barrier between the composite surface materials (e.g. concrete or asphalt) and the container (e.g. wood or metal forms, truck beds, roller surfaces).

Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Corrosion Preventatives – Products designed to prevent the deterioration (corrosion) of metals.

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Erosion Control Materials – Woven or non-woven fiber materials manufactured for the use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Fertilizers – Products formulated or processed to provide nutrients for plant growth and/or beneficial bacteria to convert nutrients into usable forms. Biobased fertilizers, which are likely to consist mostly of biobased components, may include both biobased and chemical components.

Foliar Sprays – Products that are applied to the leaves of plants and provide plants with nutrients. These products may also repair plants from previous pest attacks. Examples include liquid fertilizers, foliar feeds, and micronutrient solutions.

Gardening Supplies and Accessories – Products that are used to grow plants in outdoor and indoor settings. Examples include seedling starter trays, nonwoven mats or substrates for hydroponics and flower or plant pots. This category excludes compost activators and accelerators, erosion control materials, fertilizers, including soil inoculants: foliar sprays:

mulch and compost materials: and soil amendments.

Greases – Truck - Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.

Intermediates – Cleaner Components – Ingredients used specifically for formulating finished cleaning products. Examples of Intermediates – Cleaner Components include chelating agents, surfactants, hydrotropes, fatty acids, or solvents.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Masonry and Paving Systems – Masonry and paving products used during construction. Such products include masonry blocks, paving blocks, and insulating wall forms.

Materials - Any substances for use in the construction of the project and its appurtenances.

Metal Cleaners and Corrosion Removers – Corrosion Removers – Products that are designed to clean and remove grease, oil, dirt, stains, soils, and rust from metal surfaces. Products that are designed to remove rust from metal surfaces through chemical action.

Metal Cleaners and Corrosion Removers – Other Metal Cleaners – Products that are designed to clean and remove grease, oil, dirt, stains, soils, and rust from metal surfaces. Products that are designed to clean and remove grease, oil, dirt, stains, and soils from metal surfaces other than stainless steel.

Mobile Equipment Hydraulic Fluids - Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes.

Mulch and Compost Materials – Products designed to provide a protective covering placed over the soil, primarily to keep down weeds and to improve the appearance of landscaping. Compost is the aerobically decomposed remnants of organic materials used in gardening and agriculture as soil amendment, and commercially by the landscaping and container nursery industries.

Multipurpose Cleaners – Products used to clean dirt, grease, and grime from a variety of items in both industrial and domestic settings. This designated item does not include products that are formulated for use as disinfectants.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Penetrating Lubricants – Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables.

Pneumatic Equipment Lubricants – Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

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