36C78621B0005_1.docx

36C78621B0005

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C78621B0005 X

06-01-2021

FUNDS ASSURANCE

810CM3029

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 Claude Humphrey 703-630-9362 Gravesite Expansion (2,080 Niches & 2,512 IGC), Dayton National Cemetery, Dayton, Ohio The Department of Veterans Affairs, National Cemetery Administration has a requirement for a Firm Fixed Price (FFP) contract for a Contractor to provide all Management and Supervision, Labor, Equipment, Material, Supplies, etc., necessary for the construction of a new Columbarium Plaza at the Dayton National Cemetery, Dayton, Ohio, which shall consist of 6 double-sided and 8 single-sided columbarium walls, consisting of 2,080 niches and the creation of a 2,512 plot in-ground cremains section.

Work shall include but will not limited to Demolition, Site Preparation, Erosion Control, Excavation, Backfilling, Grading, Foundations, Footing, Columbaria, Irrigation, Landscaping, Flower Watering Stations, Signage, Storm Drainage, Utilities, Road Pavement, Curbs, and Certain other items and specific tasks as will be further defined and described in accordance in the Government’s Statement of Work, Specifications and Drawings.

This Invitations for Bids (IFB) procurement opportunity is 100% Set-Aside for Service-Disabled Veteran-Owned Small-Business, (SDVOSB) firms; Authority 38 U.S.C. 8127 (Public Law 109-461)

BIDDERS MUST BE CVE VERIFIED PRIOR TO SUBMITTING A BID IN ACCORDANCE WITH VAAR 819-7003(B) AND FAR PROVISION 52.204-7(a)

The North American Industry Classification System (NAICS) code for this procurement is 237990

– Other Heavy and Civil Engineering Construction.

The Size Standard for this procurement is $36.5 million dollars.

The project magnitude of construction range is estimated tobe between $1,000,000 and $5,000,000.

There is one (1) organized pre-bid site visit scheduled. See 52.236-27 Site Visit for detailed site visit information.

Interested Bidders are strongly encouraged to attend the Pre-Bid Site Visit Conference.

All Requests for Information (RFI) must be sent in writing to the Contracting Officer. See section A.3 7 QUESTIONS

Bidder must represent that it is a SDVOSB concern under NAICS code assigned to this acquisition and is CVE-verified for eligibility in the VIP database. In accordance with VAAR 819.7003 (b), SDVOSB firms must be verified in the VIP database (www.vip.vetbiz.va.gov) or hold a re-verification symbol next to the firm's name prior to contract award.

X X

52.211-10 X

15:00

EDT

07-15-2021

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

CLINS 0001: $ _____________________________ Total Bid

CLINS 0002: $ _____________________________ Total Bid

$ _____________________________ Grand Total Base Bid

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

Claude Humphrey

VA-NCA-2021-5F4C545C

Table of Contents

A.3 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individual(s):

a. CONTRACTOR: ___________________________________ ___________________________________ ___________________________________ ___________________________________ Tax Identification Number: _____________________ DUNS Number: _____________________ Contact Person: _____________________ Telephone #: _____________________ e-Mail Address: ___________________

b. GOVERNMENT: Contracting Officer (36C786) Department of Veterans Affairs, National Cemetery Administration Contracting Service 18434 Joplin Road Triangle, VA 22172

2. CONTRACTOR REMITTANCE ADDRESS: Effective January 1, 1999 all payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-34, Payment by Electronic Funds Transfer. Contractor must be registered in the System for Award Management (SAM) database in accordance with FAR Clause 52.212-1(k).

3. INVOICES: Invoices shall be submitted within ten (10) business days after performance and acceptance of services and must include the NCA Project Number, Contract Number, Purchase Obligation Number, Dates of Service, Detailed description of the services provided and Total Amount Due. Payment for services provided under the terms of this contract will be made in arrears, within thirty (30) calendar days, upon receipt of properly executed invoice(s) in accordance with:

· 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

· UPON ACCEPTANCE OF SERVICES

· In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with OB10 e-Invoicing network, for submissions of all electronic invoices to VA. OB10 electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with OB10 by submitting an email to VA.Registration@ob10.com or calling 1-877-752-0900 option 2 for Enrollment.

· Contractor shall submit an electronic invoice within ten (10) business days after performance and acceptance of services to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.tungsten-network.com/Login.aspx . For questions regarding the submission of VA electronic invoices, OB10 customer service may be contacted at 1-877-489-6135.

· All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity provided, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

· For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov

4. GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 “Electronic Submission of Payment Requests.” to the following web address: http://www.ob10.com/us/en/#&panel1-1.

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS.

For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@ob10.com <http://VA.Registration@ob10.com/>

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/>

5. CONTRACT AUTHORITY: The Contracting Officer acting within the scope of the contract and his/her duties and responsibilities is the only person authorized to approve changes or modify any of the requirements of this request. The Contractor shall communicate with the Contracting Officer on all matters pertaining to Contract Administration. Only the Contracting Officer is authorized to make commitments or issue changes that affect pricing, quantities or quality of performance, delivery terms and conditions, or the term of the contract.

6. CONTRACTING OFFICER’S REPRESENTATIVE: Prior to contract award, the Contracting Officer will designate a Contracting Officer’s Representative (COR) for project. All work coordination shall be made through the COR. The Contractor shall be provided a copy of the COR’s Delegation of Authority letter. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.

7. SUBMITTAL OF BIDS: All bids must be submitted to the attention of the Contracting Officer identified, No Later Than the date/time specified. E-mail bids will be acceptable at claude.humphrey@va.gov up to and until the date and time specified.

NO FAX/ FACSIMILE SUBMITTED BIDS WILL BE ACCEPTED.

Transmittal envelopes or other Bid packaging will be received at: Contracting Officer – Contracting Officer (36C786), Department of Veterans Affairs, National Cemetery Administration, Contracting Service, 18434 Joplin Road, Triangle, VA 22172 and must be clearly marked with the Solicitation number, and Bidder/Offeror’s company name and return address. Bids shall be subject to the terms and conditions of this solicitation.

8. QUESTIONS: All questions regarding this solicitation must be submitted in writing (email is acceptable) to: Claude Humphrey (claude.humphrey@va.gov) No Later Than, 3:00 p.m., local time (CST) five (5) days before/prior to the Offer Due Date. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. No phone responses will be accepted. NOTE: All questions must reference the Solicitation number, Project number (if applicable) and the Description of the project in the Header or Opening Statement.

A.4 PRICE/COST SCHEDULE

Gravesite Expansion, Dayton NC 2,080 - Columbarium Niches Contractor shall provide all Management, Supervision, Labor, Equipment, Material, Supplies etc., necessary for the construction of a new Columbarium Plaza at the Dayton National Cemetery, Dayton, Ohio, which shall consists of 6 double-sided and 8 single-sided columbarium walls, consisting of 2,080 niches.

Gravesite Expansion, Dayton NC 2,512 - In-Ground Cremains (IGC) Contractor shall provide all Management, Supervision, Labor, Equipment, Material, Supplies etc., necessary for the construction of a new Columbarium Plaza at the Dayton National Cemetery, Dayton, Ohio, which shall consists of the creation of a 2,512 plot in-ground cremains section.

Page 1 of

A.5 STATEMENT OF WORK

Contractor shall provide all Management, Supervision, Labor, Equipment, Materials, Supplies, etc., necessary for the Gravesite Expansion construction of a new Columbarium Plaza which shall consists of 6 double-sided and 8 single-sided columbarium walls, consisting of 2,080 niches and the creation of a 2,512 plot in-ground cremains section at the Dayton National Cemetery, Dayton, Ohio.

Work shall include, but will not be limited to, Demolition, Site Preparation, Erosion Control, Excavation, Backfilling, Grading, Foundations, Footing, Columbaria, Irrigation, Landscaping, Flower Watering Stations, Signage, Storm Drainage, Utilities, Road Pavement, Curbs, and other items and specific tasks as further defined in the attached drawings and specifications.

Also, refer to the attached Specs BD 20210311; GSE Bid Drawings _ Part1; GSE Bid Drawings _ Part2; and GSE Bid Drawings _ Part3 documents.

I. PERIOD OF PERFORMANCE

The Contractor shall complete all work including submittals, reviews, quality control, construction services, punch list corrections, clean up, invoicing and closeouts documentation submittal within three hundred (300) calendar days from issuance of the Government’s Notice to Proceed letter.

The Contractor shall develop and provide the Contracting Officer with a Project Progress Schedule and Cost Schedule within ten (10) calendar days of Government issuance of the Notice to Proceed. The Progress Schedule shall indicate the anticipated targeted start and completion dates/periods of the work versus the elapsed contract time and shall be represented in the form of a ‘Bar Graph’ with the contract time plotted along the horizontal axis. The starting date of the schedule shall be the date the Contractor receives the "Notice to Proceed." And the ending date shall be the Contracting Officer’s established contract completion date. At a minimum, both dates must be indicated on the Progress Schedule. The specific item(s) of work, i.e., "Mobilization, Excavation, Demolition, Concrete Work, Road Paving”, etc., should be plotted along the vertical axis and indicated by a line or bar at which time(s) during the contract this work is scheduled to take place

II. GOVERNMENT’S RESPONSIBILITIES

a. Upon award of the contract, the Government will inform the Contractor prior to commencing the work, of any known damages to the cemetery grounds, headstones/markers or any other areas that the Contractor is unaware of and not responsible for. In addition, upon award of the contract, a walk-through of the cemetery grounds will be scheduled by mutual agreement of the Government and Contractor, and will be attended by the Contracting Officer’s Representative (COR), appropriate contractor personnel (to include the Supervisor/Project Manager). The Contracting Officer is an optional attendee.

b. The Government will not provide the Contractor with any equipment and materials storage, furnishings, fuel storage, equipment, materials, restrooms, or telephones. Utilities will be provided as defined in “AVAILABILITY AND USE OF UTILITY SERVICES”.

c. Notification of Non-Compliance: The COR will notify the Contractor of any detected non-compliance with the foregoing requirements. The Contractor shall take immediate corrective action after receipt of such notice. Such notice, when delivered to the Contractor at the work site, shall be deemed sufficient for the purpose of notification.

If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order ceasing all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such cessation direction shall be made the subject of claim for extension of time for excess costs or damages by the Contractor.

III. STANDARDS OF EMPLOYEE CONDUCT

The National Cemetery Administration (NCA) are national shrines that honors Veterans with a final resting place and lasting memorials that commemorate their service to our Nation. The standards of work, appearance, and procedures performed by Contractors at National Cemeteries shall reflect this nation’s concern for those interred there. Due to the sensitive mission of the cemetery, Contractor’s personnel must exercise and exhibit absolute decorum, composure, and stability at all times.

As the work being performed is at a National Cemetery all Contractor’s employee must always look professional and neat in appearance; and be fully clothed to include upper garment to cover the body from the waist to neck and long pants or slacks. The Contractor shall require its employees, including subcontractors, to wear distinctive visible identification at all times for easy identification while on NCA premises. Contractor and Contractor’s personnel (including subcontractor and their employees) shall be required to adhere to the standards of dress and conduct while performing work on the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C. Section 218.

Contractor’s personnel shall:

a. be fully clothed at all times, to include long slacks or pants and shirt, buttoned up from neck to waist. Clothing will be clean each day. Any soiled clothing should be Cemetery work-related that day. Tank tops as outer garments are prohibited. Tee-shirts will have the company logo visibly displayed. Shoes/boots will have no holes or loose soles. Steel-toed shoes shall be required in accordance with OSHA. Contractor employees shall maintain personal hygiene.

b. not engage in loud or boisterous behavior or use profane or abusive language. Shall show proper reverence during committal service.

c. not eat or drink beverages except water or non-alcoholic drinks while in work area or in sight of committal service area during a service. Use of intoxicating beverages and/or drugs is strictly prohibited.

d. not lean, sit or stand on or against headstones, markers, or monuments. No tools, equipment or other items will be placed or leaned on headstones or monuments at any time. Contractor personnel shall not drive over headstones, markers, or monuments.

e. only smoke in smoking areas, as designated by the COR. All other areas are designated as NO SMOKING.

Contractor shall discuss the guidance in this paragraph with its employees and all subcontractors. Any doubts as to proper procedures shall be brought to the attention of the COR and Contracting Officer for guidance or resolution. Contractor and subcontractor employee shall sign a Statement of Compliance (if applicable); and shall deliver the signed statements to the COR before work may begin or before any new employee is allowed to work on Cemetery grounds.

Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. Contractor is expected to remove any employees from the Cemetery for cause, to include, but not limited to, safety violations, other misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government. If the Contractor fails to act in this regard, or the reason for a removal is immediately required to protect the interests of the Government, the COR may direct the removal of an employee from the premises. Contractor’s objections to any such action will be referred to the Contacting Officer for final resolution; however, the Contractor will first immediately comply with the COR’s direction pending the Contacting Officer final resolution at a later time or date. The Contractor will not be due any type of compensation for their costs incurred as a result of an employee being removed for cause; unless the removal is directed by the COR and is later found invalid and/or unreasonable by the Contracting Officer.

IV. USE OF CEMETERY FACILITIES

a. The Government will not be responsible for any loss, damage, or theft of Contractor items, nor will free telephone service be provided. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of both National Cemetery Administration facilities and Contractor-installed facilities used by the Contractor's employees.

b. The Government will NOT furnish a storage building or area at the Cemetery site for use by the Contractor to store supplies and equipment. Contractor shall be responsible and required to provide and remove the material, equipment, tools and supplies to perform operations daily.

c. The Government will NOT furnish a rest room facility to include temporary port-o-pots and will not be allowed on the grounds.

d. Any hazardous substance that is used and which is a standard practice within the cemetery industry must be handled, stored, and transferred in accordance with all Occupational Safety and Health Administration (OSHA), Environment Protection Agency (EPA), and Department of Transportation (DOT) laws, regulations, and recommendations.

e. The Contractor will be responsible for safely storing any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturers recommendations. SDS (Safety Data Sheet) is required for any/all chemicals, pesticides, herbicides and cleaning solutions.

f. Electricity, water and phone services will NOT be furnished by the Government for the Contractor’s.

V. INSPECTION OF PREMISES

Contractor should survey / inspect the site prior to submitting a bid/proposal/quote in order to be fully aware of the scope of services required and to adequately gather existing unit’s product information, model numbers and all necessary and matching standards and requirements.

Failure to do so shall not relieve the successful offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government.

Contractor shall perform a ‘Site Investigation’ to verify all dimensions/measurements and site conditions before start of the work and the ordering of any equipment, parts and or materials. All work shall be performed in a professional workmanship like manner, adhere to NCA standards, be done in strict accordance with the requirements set forth herein, manufacturer’s requirements, installation guidelines; and be in accordance with applicable Federal, State and Local codes and regulations; inclusive of applicable OSHA Construction Safety Guidelines.

All electrical work shall be in accordance with the latest edition of the National Electrical Code (NEC) and local building codes. Failure to do so shall not relieve the Contractor from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government.

VI. WORK HOURS

Normal construction services work hours for this project shall be 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding Saturday, Sunday and Federal Holidays. Contractor work hours may be modified only by written approval of the Contracting Officer, at no additional cost to the Government.

The Contractor may request authorization in advance from the Contracting Officer to work outside of normal service hours at no additional cost to the Government. Written Authorization must be pre-approved in advance and prior to working and is at the sole discretion of the Contracting Officer.

Contractor, Contractor’s employees and sub-contractors must check-in with the COR, daily, upon arrival at the Leavenworth National Cemetery, prior to beginning any work and prior to departing the facility/property after the day’s work is completed.

VII. HOLIDAYS

The following federal holidays are observed:

· New Year's Day - January 1

· Inauguration Day (DC Metropolitan Area Only) - January 20 every 4 years

· Martin Luther King's Birthday - 3rd Monday in January

· President's Day - 3rd Monday in February

· Memorial Day - Last Monday in May

· Independence Day - July 4

· Labor Day - 1st Monday in September

· Columbus Day - 2nd Monday in October

· Veterans Day - November 11

· Thanksgiving Day - 4th Thursday in November

· Christmas Day - December 25

And any other holiday proclaimed by the President as a Federal Holiday. When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.

VIII. CONTRACTOR’S QUALITY CONTROL

The Contractor’s Site Superintendent will:

a. be on site, at all times, whenever work is being performed by Contractor or subcontractors’ employees, to ensure adequately supervision and communication;

b. review and approve submittals;

c. inspect the quality of work performed; and

d. certify the completed work for payment and other purposes.

Note that there may be infrequent stoppages in work at the order of the Contracting Officers Representative (COR) due to burial services being conducted in the area. Contractor will meet with COR at the start of each workday to ensure that no construction activities will interfere with burials on that specific day.

IX. CONTRACTOR'S RESPONSIBILITIES

The Contractor shall:

a. be responsible for ensuring that all work is done in a manner that safeguards NCA visitors, employees, and the public.

b. be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees' fault or negligence.

c. maintain personal liability and property damage insurance prescribed by the laws of the State of Ohio.

d. obtain all necessary licenses and/or permits required to perform this work. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract.

e. post and maintain Emergency Contact Information, VA’s Infection Control Risk Assessment and other information required by the COR, at all entry points to the worksite.

X. CONSTRUCTION DURING CEMETERY FUNCTIONS

a. The burial activities at a National Cemetery will take precedence over other contract activities. Contractor shall cooperate and coordinate with the COR or authorized designee, in arranging schedule to cause the least possible interference with cemetery activities in actual burial areas. The COR or a representative shall furnish the Contractor with a schedule of all interments and/or ceremonies no later than the close of business of the day prior to the scheduled event.

b. Work noise during the interment services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period. Contractor personnel shall not operate motorized equipment or conduct other commercial activities during interment services.

c. Execute work in such a manner as to interfere as little as possible with work being done by others. To minimize contract activity interference with flow of cemetery traffic, keep roads, walks and entrances to grounds, parking and occupied areas of buildings clear of materials, debris and standing equipment/vehicles at all times. At least one (1) lane must be open to traffic at all times.

4. Due to the sensitive mission of the Cemetery, the work could occasionally involve contact with and/or exposure to grieving individuals. Contractor personnel shall exercise and exhibit absolute decorum, composure and stability at all times and refer such individuals to Cemetery staff.

XI. HISTORIC PRESERVATION

When the Contractor or any of the Contractor's employees, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, the Contractor shall immediately notify the COR verbally, and then with a written follow up.

XII. AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as CORs.

XIII. EXPOSURE OR ACCIDENTAL DISCOVERY OF REMAINS

Should any on-site activity, incident, emergency, or disaster result in exposure and/or damage to any remains, container for remains (i.e., casket or urn), or outer burial container, the Contractor shall IMMEDIATELY notify the Cemetery Director, the COR and/or the CO; take immediate steps to protect and render safe any exposed remains; and stop any further work that could affect those remains or grave site until the Cemetery Director provides the Contractor guidance regarding disposition of the remains and permission to proceed.

I.

GENERAL

Contractor shall NOT mobilize on site until all Kick-Off meeting, Documentation and Submittals have been submitted, reviewed and accepted by the VA. The COR shall provide written notification approval to mobilize.

1. WORK ENVIRONMENT AND WEATHER CONDITIONS

a. All work under this service Contract will be performed outdoors and personnel performing these services will be exposed to wind, heat, sun, cold, dampness, frost, fog, and rain. These conditions, may, at times, be extreme. The Contractor shall take all necessary precautions to protect his/her employees from the elements to the maximum practicable extent. Weather will not be considered an excusable delay in meeting specifications or project schedule. The Contractor understands that it may be necessary to work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines, at no additional cost to the Government. If weather conditions are such that the work performed may cause more damage to the Cemetery grounds than good, the COR has the authority to stop work until conditions improve and the COR directs continuation of performance.

b. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.

2. OPERATIONS

a. It is understood the Government will not be held responsible for any damage to or loss of the Contractor’s equipment, materials, supplies or the like which may result from vandalism, theft etc. while on site. The Contractor shall be responsible for maintaining fire extinguishers and other safety equipment.

b. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

c. All utilities to this area are the responsibility of the Contractor. Electrical power is to be supplied by either a Contractor-owned generator or by the local power company. Secondary service runs and the cost of power are the Contractor’s responsibility.

d. The Contractor would then be responsible for delivering and removing all necessary equipment and supplies daily.

3. DISPOSAL AND RETENTION

a. The Contractor shall be responsible for cleaning cemetery structures, headstones/flat makers, monuments, and roadways that are soiled or stained as a result of Contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures headstones/flat markers, and monuments at the end of each workday Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.

b. At the end of each workday the Contractor shall remove all debris from the Cemetery site resulting from the work. The Contractor shall always ensure that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site.

c. The Government will not provide receptacle(s) for disposal of debris related to this contract. The Contractor shall provide its own means of removing debris. The Contractor shall dispose of all debris and other waste materials at a licensed off-site landfill unless otherwise directed by the COR.

d. The Contractor shall dispose of all hazardous waste in accordance with the Resource Conservation and Recovery Act (RCRA) and all other applicable Federal, State, and Local law and regulations. On-installation storage or disposal of hazardous waste is NOT allowed.

e. At the completion of the project the Contractors shall be responsible for properly removing and disposing of all debris from Government property. All debris and packaging shall be properly removed and disposed of by the Contractor to an offsite disposal site or recycling center in compliance with State and Local ordinances.

4. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

a. Restore any areas disturbed in performance of this contract which may require restoration (as deemed appropriate by the COR); and will be deemed incidental to the contract. Areas outside of the construction limits impacted by operations of the contract shall be returned to the state it was found prior to the construction services. All adjacent disturbed surfaces shall be repaired to the same quality standards of the existing work and shall also match the adjacent areas.

Damage to Government property: The Contractor (including Contractor’s employees, subcontractors, consultants or the like) shall be responsible for repair or replacement of any Contractor damaged cemetery structure, to include: turf, curb, road pavement, headstones or markers, valve boxes, grid monument control markers, trees, plant beds, etc., which are chipped, marred, damaged and/or ruined at the fault of the Contractor. The Contractor shall bear all costs associated with replacement and reinstallation. All adjacent disturbed surfaces shall be repaired to the same quality standards of the existing work and shall also match the adjacent areas. Any such damage shall be brought to the immediate attention of the COR prior to repair, replacement, or installation.

b. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site that are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so by the COR and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and remove and properly dispose of from the site as defined herein.

c. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall immediately notify the COR of any such occurrence and repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

d. Protection of Existing Utilities: Contractor shall be responsible for damages to utilities, above and below ground.

5.

RESTORATION

a. Contractor shall remove, cut, alter, replace, patch and repair existing work as necessary. Except as otherwise shown or specified, do not disturb any water, steam, gas, or electric services without prior approval of the COR or Contracting Officer. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original construction, except as otherwise shown or specified.

b. Upon completion of the contract work any existing cemetery features (lawns, paving, roads, and walks) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work. All restoration work shall be accomplished without undue delay.

c. At Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workmen/subcontractors to existing cemetery infrastructure.

6. USE OF ROADWAYS

The Contractor shall, under regulations prescribed by the Contracting Officer or COR, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the COR or Contracting Officer. The route of construction traffic to and from the project site shall be clear of debris at all times as well as the required safety signage and barricades for the safe passage of visitors. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, or similar construction the Contractor shall protect them from damage by well-constructed bridges. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

7. AVAILABILITY AND USE OF UTILITY SERVICES

a. Water: A water system is not available. The Contractor shall provide and utilize portable water when needed.

b. Electricity: In case the Contractor requires electricity while in performance of this Contract, the Contractor shall provide and utilize portable generators as necessary to complete the work.

8. WORK PERFORMED ON SITE BY OTHERS

The Government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other contractors and with Government employees and shall carefully adapt scheduling and performance of work, and needing any direction, it shall be provided by the COR. The Contractor Supervisor shall be responsible for reporting to the COR any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor Supervisor shall not take it upon him or herself to resolve any problems or issues with other on-site Contractors or employees, but rather will leave it to the COR to resolve the issue.

9.

REPORTING AND RECORD KEEPING

a. Contractor’s Superintendent shall report on a daily basis to the COR at the Cemetery and log in. This DAILY check-in is mandatory and shall be at a time agreed upon by the COR and the Contractor’s Superintendent within the requirements of paragraph “b” below.

b. A list of scheduled ceremonies will be provided to the Contractor’s Superintendent the week prior to the scheduled events, and a list of scheduled committal services will be provided daily. Contractor’s Superintendent shall be solely responsible for ensuring that no contract work causes any committal service, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity or security of the event is compromised.

c. The Contractor shall be solely responsible for staying abreast of all such upcoming events and when in doubt, Contractor must ask the COR.

10. CONTRACTOR-FURNISHED ITEMS

a. Contractor shall be responsible for supplying all equipment, personnel, tools, supplies and materials necessary to perform the services required by this contract. Contractor-furnished items necessary to perform work as required under this contract shall be furnished, maintained and operated by the contractor and shall be consistent and fully compliant with all applicable OSHA, Federal, State, County, City laws, ordinances and regulations.

b. Contractor shall be responsible for the supply, maintenance and repair of all Contractor-owned equipment. This includes, minor maintenance/repair and minor operating parts for equipment such as lubrication, oil changes, spark plugs, gaskets, cotter pins/keys, electric extension cords, etc., to keep all equipment in good operational condition throughout the period of performance of this contract. No Contractor equipment maintenance repairs of any kind can be done on Cemetery property without the COR(s) approval.

c. Contractor shall be responsible for ensuring that all his/her motor vehicles and equipment meet State inspection, safety, licensing, registration, and insurance requirements.

d. Only Contractor equipment and supplies (property) required to perform work under this contract shall be used on cemetery property. No personal property, equipment, or vehicles shall be staged on the cemetery premises.

11. CLEANUP

Contractor shall thoroughly clean up the work area at the end of each day’s work and at the completion of the project. Contractor must remove and properly dispose of all debris, materials, equipment, and substances daily, at the end/completion of the work/job. Contractor shall leave the premises clean and free of waste, scrap, equipment or other material delivered to the site by the Contractor or contractor’s personnel.

a. Contractor shall request authorization from the COR prior to disposing of any Government owned materials, equipment or property.

b. Contractor shall properly remove and dispose all debris from government property. Disposal of debris, materials, equipment, and substances shall be in accordance with applicable Federal/State/local and environmental laws, rules and/or regulations.

c. Contractor shall provide, if requested, shipping manifest and documentation of proper disposal of any debris, materials, equipment, and substances prior to final payment. Contractor shall ensure and provide appropriate documentation to the COR that all applicable hazardous waste, haulers, and disposal facilities are properly certified or licensed.

The project site shall be protected and/or restored to a condition equal to that existing prior to the commencement of work.

12. PERSONAL PROTECTIVE EQUIPMENT

Contractor shall provide Personal Protective Equipment (PPE), proper safety signage; and must provide and have in place: fire extinguishers, cones, barricades etc., to protect the safety of visitors, patients, employees and tenants. The Contractor shall not be permitted to work if the proper safety equipment/items are missing; and shall be asked to leave the area/facility.

13. SAFETY DATA SHEETS

Contractor shall provide the COR with a copy of the Label of any product, material and/or chemical that is potential hazardous, as well as the Safety Data Sheets (SDS), before any such product, material and/or chemical is used.

14. MATERIAL STORAGE

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