A21- W912PM24Q0040_Attachment A_SOW.pdf

STATEMENT OF WORK

OVERLOOK FENCE INSTALLATION

U.S. ARMY CORPS OF ENGINEERS

B. EVERETT JORDAN DAM AND LAKE

2080 JORDAN DAM ROAD

MONCURE, NC 27559

01 August 2024

1. GENERAL

1.1 SCOPE OF WORK

The project consists of construction of 640’ of a 3-rail precast concrete fence adjacent to the B.

Everett Jordan Lake Visitor Assistance Center in Moncure, North Carolina (see Exhibit A for aerial view of work site). The fence posts and fence rails will be furnished by the U.S. Army Corps of Engineers.

The concrete fence is to be installed in the approximate footprint of an existing wooden fence that will be removed by the U.S. Army Corps of Engineers prior to the commencement of work.

The Contractor will provide all labor, quality control, supervision, transportation, equipment, fuel, and tools required to complete the fence installation in accordance with the specifications listed herein.

1.2 LOCATION

Work associated with this contract will be performed adjacent to the Visitor Assistance Center at B. Everett Jordan Dam. The area is owned and managed by the U.S. Army Corps of Engineers, Wilmington District, and is in the town of Moncure, North Carolina.

B. Everett Jordan Lake Visitor Assistance Center Physical Address:

2080 Jordan Dam Road Moncure, NC 27559

The government furnished items will be staged at the Maintenance Compound, approximately 500’ away from the Visitor Assistance Center (see Exhibit B for an aerial view of the staging area).

1.3 SITE CONDITIONS

The fence will be installed on the natural grade of the slope on either side of the overlook platform adjacent to the Visitor Assistance Center. The fence will follow a concrete and asphalt walking trail on the section below the overlook platform. The upper section above the overlook platform is natural surface adjacent to a small picnic area. The elevation of the work site ranges from 270’ to 320’ above mean sea level.

There are public restrooms attached to the Visitor Assistance Center that the Contractor employees will have access to while on the work site.

1.4 PERIOD OF PERFORMANCE

The contractor shall commence work under this contract within THIRTY (30) of the issuance of the contract award. All work shall be completed within NINETY (90) days of the issuance of the contract award.

1.5 DEFINITIONS

As used throughout this description / specification, the following terms will have the meaning set forth below:

A. CONTRACTOR - The “Contractor” is the individual whose bid was accepted by the U.S.

Army Corps of Engineers and who has gained the responsibility of performing the duties governed by the specifications of this contract. The Contractor shall be responsible for ensuring that all subcontractors comply with the provisions of this contract.

B. SUB-CONTRACTOR – One that enters into a contract with a prime contractor. The

Government does not have privity of contract with the subcontractor.

C. CONTRACTOR REPRESENTATIVE - A foreman or superintendent, assigned to represent the interests of the Contractor with regards to all matters involving the contract. The individual will be able to speak and understand English fluently.

D. CONTRACTING OFFICER (CO/KO) - The term “Contracting Officer” means the person executing this contract on behalf of the Government, and any other officer of civilian employee who is properly designated Contracting Officer, and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.

E. CONTRACTING OFFICER’S REPRESENTATIVE (COR) - An individual designated in writing by the Contracting Officer, responsible for inspecting the Contractor’s work, notifying the contractor of deficiencies observed, and directing appropriate action to correct deficiencies.

The COR performs acceptance for the Government of services performed under this contract.

F. DEFICIENCY / DEFECTIVE SERVICE - A service output that does not meet the standard of performance associated with the Scope of Work (SOW).

G. KEY PERSONNEL AND/OR SUB-CONTRACTOR – Contractor or Sub-Contractor personnel that are submitted as part of the Contractor’s RFQ’s quote submission, evaluated as part of the Contractor’s quote during pre-award evaluation and review process shall be required to be used during the entire performance period of all services as contained in the SOW. Any changes to key personnel or subcontractors identified by a prime contractor’s technical proposal shall be approved by the Government in writing.

H. QUALITY CONTROL - The term “Quality Control” refers to action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to insure they meet the specifications and requirements of this contract.

I. QUALITY CONTROL PLAN (QC) - An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

J. QUALITY ASSURANCE - The term “Quality Assurance” refers to action taken by the Government to ensure the Contractor’s quality control system is functioning and effective and that the Contractor is providing services which are in accordance with the contract.

K. PERFORMANCE REQUIREMENTS SUMMARY (PRS) – Contains the Contractor service requirements and are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

1.6 SAFETY

All equipment used and work performed shall be in accordance with safety requirements set forth in the U.S. Army Corps of Engineers Manual EM 385-1-1 entitled Safety and Health Requirements Manual, current edition, which is available by downloading from:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf

All contractor operations shall be in compliance with this manual, and all other applicable federal and state laws. Corps inspectors have the authority to stop work due to safety violations.

Safety meetings shall be held daily at the beginning of each shift to discuss the day’s activities, review the AHA for the activities, and discuss and safety issues from the previous day’s work. The safety meeting shall be documented on SAW Form 4 (to be provided post award) and provided to the COR every Monday morning. The COR shall be a part of the safety meeting either in person or by phone.

The Contractor performing a definable feature of work (DFOW) necessary for completion of the contract shall prepare and submit an AHA for each DFOW for review and acceptance by the Contracting Officer or their Designated Representative. The AHA is a documented risk management process by which the steps required to accomplish a work activity/task are outlined and the actual/potential hazards and controls are identified. Each work activity/task shall include a Risk Assessment Code (RAC). ENG Form 6206 may be utilized for the AHA. Similar tools are Job Hazard Analysis (JHA) and Job Safety Analysis (JSA). Review of AHAs will be conducted by the COR/CDSO and the Safety Office and may be submitted as part of the APP.

The Contractor shall submit a Monthly Exposure Report by the fifth (5th) of the month for the previous month. The report is a compilation of employee-hours worked each month for all site workers, both prime contractors and subcontractors.

The following reference paragraphs from the safety manual are applicable to fence construction, but may not be all-inclusive:

1. Use hard hats and high visibility work vests when working on or near roadways, or near heavy equipment. High visibility apparel shall comply with ANSI/ISEA 107, Class 2 requirements. Chapter. 5-2.m https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf

2. Employees must wear clothing suitable for the weather and work conditions. For fieldwork, at a minimum, this is:

(a) Short sleeve shirt

(b) Long pants (excessively long or baggy pants are prohibited)

(c) Leather or other protective footwear. Open-toed shoes are prohibited. Chapter 5-8.a

3. Use approved safety containers for gasoline. Chapters. 14-2.k

4. Every person operating machinery and mechanized equipment, drilling equipment, ATVs, UTVs, or specialty vehicles must be properly trained, qualified by license, certificate, or permit, and designated by the employer in writing to operate such equipment. Chapter 18- 3.a

5. All vehicles and equipment trailers shall have working brake lights, turn signal lights, and emergency flashers. Emergency flashers shall be used whenever vehicles and/or equipment trailers are parked on roadways or road shoulders. Chapter 18-8.a-d

6. The employer shall be responsible for maintaining a safety program that complies with all

Federal and State safety standards and the requirements specified herein.

7. This project requires a Level 2 Site Safety and Health Officer (SSHO) with qualifications/training, experience, roles and responsibilities as outlined in Chapter 2 of EM 385-1-1

8. This project requires at least two workers on site shall be certified in first aid and CPR.

1.7 ACCIDENT PREVENTION PROGRAM

Within fifteen (15) calendar days of award, the Contractor shall submit an Accident Prevention Plan (APP) in accordance with Chapter 2, Paragraph 2-7.b of EM 385-1-1, using ENG Form 6293, Accident Prevention Plan Worksheet. APPs will be reviewed by the Safety Office and the review will be completed within 10 days after submission. Interim approval of this plan shall be obtained before starting work.

The APP shall interface with the Contractor’s overall safety and health program, and the Contractor shall include any portions referenced in the APP in the applicable APP element and made site specific. The Government considers the Prime Contractor to be the “controlling authority” for all work site safety and health of the subcontractors.

The Contractor shall maintain an accurate record of and shall report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies, and equipment incident to work performed under this contract. All accidents shall be reported within 24 hours of the occurrence. All accidents resulting in death or injury requiring medical attention shall be reported immediately.

Contractors shall be responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

1.8 EQUIPMENT SAFETY

All equipment or materials found not to be in compliance with the requirements of EM 385-1-1 shall be removed from Government property immediately.

1.9 NORMAL WORKING HOURS

Normal working hours for the contractor shall be Monday through Friday (0730-1630), unless otherwise specified, or as specifically approved in advance by the COR. No work on site other than specified shall be permitted without specific approval by the COR.

1.10 ACCIDENT REPORTING

Initial Accident Notification (IAR)

(1) Notify the Contracting Officer or their Designated Representative as soon as practical, but no more than eight hours after fatalities, in-patient hospitalization, amputation, eye loss or property damage of $600,000 or more. All other accidents require initial notification as soon as possible, but not later than 24 hours. The Contractor is responsible for obtaining appropriate medical and emergency assistance and for notifying fire, law enforcement, and regulatory agencies.

These accidents must be investigated in depth to identify all causes and to recommend hazard control measures.

(2) The notification shall include the following: Contractor’s name; Contract title; type of Contract; name of activity, installation, or location where accident occurred; date and time of accident; names of personnel injured; extent of injury, if known; extent of property damage, if any, and a brief description of the accident (for example, type of construction equipment used, and PPE used. For serious accidents noted above, preserve the conditions and evidence on the accident site until the Government investigation team arrives on-site and Government investigation is conducted. The Contractor shall assist and cooperate fully with the Government's investigation of accidents. Initial notification may be by email, telephone or by ENG Form 3394, Mishap Notification and Investigation.

Final Accident Report (FAR)

(1) A FAR shall be submitted to the Contracting Officer or their Designated Representative as soon as practical, but not more than seven days after the accident.

(2) The FAR shall be submitted on ENG Form 3394, Aug 2021, Mishap Notification, and Investigation. The Contracting Officer will provide copies of the form.

(3) Conduct an accident investigation for any load handling equipment accident (including rigging accidents) to establish the root cause(s) of the accident. Do not proceed with crane operations until cause is determined, and corrective actions have been implemented to the satisfaction of the Contracting Officer. The Contractor shall complete the Final Accident Report blocks on the form. The Contracting Officer will provide copies of the form.

Near Misses

Notify the Contracting Officer their Designated Representative as soon as practical but no more than twenty-four hours after a near miss. Complete all applicable parts of ENG Form 3394, Near Miss Report and submit to the Contracting Officer within 7 days of occurrence. The Contracting Officer will provide copies of the form. A near miss is an incident that does not result in personal injury, property damage, or damage to the environment.

(1) Site Safety and Health Officers. CORs and others that develop SOWs will consult with the Safety Office concerning Site Safety and Health Officer, Competent and Qualified Person requirements.

1.11 DAMAGE RESPONSIBILITY

The Contractor shall be responsible for any damage to Government or private property, facilities, structures, or landscape features occurring as a result of their operation. The Contractor shall be required to satisfactorily rectify notices of damage from the public and to protect the Government from claims resulting from damage caused by his activities and make immediate notification to the COR concerning said damage or injury to any person. In instances where contract employees damage government property and/or equipment, verbal notification shall be made by the next workday. A full written report of the incident and extent of such damage shall be submitted to the COR within 2 workdays (less weekends and holidays).

1.12 VEHICLES

All vehicles utilized under this contract shall be presentable, serviceable and shall comply with all applicable Federal and State motor vehicle regulations. All vehicles utilized under this contract must meet all safety requirements set forth in EM 385-1-1. All Contractor vehicles shall be identified with the company name or logo, type of business and address conspicuously displayed on the door panels.

1.13 COMMENCEMENT OF WORK

After contract Award, the Contractor or their representative shall attend a pre-work meeting prior to commencement of work. The Contractor shall become familiar with the nature and location of the work by inspection of the site; noting the local conditions, security, safety, equipment, and facilities required for the work, and all other factors which may affect the work. Any failure by the Contractor to review all available information concerning these conditions shall not relieve them from the responsibility of successfully performing the work. It shall be the responsibility of the Contractor to describe the contract requirements to subordinate employees and subcontractors.

1.14 NOTIFICATION OF CONSTRUCTION TIMELINE

Due to the public safety concerns that would be present without an overlook fence, the Contractor shall share the construction timeline with the COR at the pre-work meeting so staff can schedule the removal of the existing wooden fence immediately preceding the commencement of work. Any necessary changes to the construction timeline that materialize after the pre-work meeting shall be coordinated with the COR.

1.15 CONTRACTOR PERSONNEL

The COR may direct the Contractor to replace any employee(s) that the KO or COR deems incompetent, careless, insubordinate, under the influence of intoxicating drugs, beverages, etc. or whose continued employment is deemed to be contrary to the public interest. The Contractor shall be responsible for the immediate replacement of any employee under the conditions identified above: in addition to any costs associated with the replacement of an unsuitable employee.

The Contractor shall be responsible for ensuring that its’ employees strictly observe the laws of the United States, North Carolina, local counties where work is to be performed, and any other governing bodies which may affect the work to be completed under this contract. Contractors with non-English speaking workers shall have a person(s) fluent in English to be onsite while work is being performed.

1.16 GOVERNMENT FURNISHED MATERIALS

Item No

Item Unit Quantity

1 Line post, 140 lbs/each, 72” in length, 5” in width and height, containing (2) rebar reinforcing rods Color: Unpigmented (gray) each 80

2 Rail, 96” in length, 90 lbs/each, 5.5” in height, 2.5” in width, containing (2) rebar reinforcing rods Color: Unpigmented (gray) each 237

2. DESCRIPTION OF THE WORK

2.1 FENCE CONSTRUCTION SPECIFICATIONS

Construction shall be in accordance with Exhibit C and the following specifications:

Functional Area #1 Footings:

• Each line post shall have a concrete footing no less than 12” in diameter and 24” in depth

• The excavation for each footing shall be to the depth noted on the drawings

• The bottom of the excavated hole shall be smooth and free of any loose materials

• If footing excavations are made deeper than intended, only concrete shall be used for fill

Functional Area #2 Concrete:

• The concrete used shall be normal weight concrete having sand and gravel or crushed stone aggregate. Maximum aggregate size for footings is 1.5”

• Minimum compressive strength shall be no less than 2500 PSI

• Only pre-mixed concrete shall be used. Dry setting concrete is NOT permitted

• Water used for concrete shall be clean water and free from oils, alkylates, organic or other deleterious substances

• Fresh poured concrete shall be tamped into place using a steel rammer, slicing tools, or mechanical vibrator until concrete is thoroughly compacted and without voids

Functional Area #3 Fence:

• Each post shall be temporarily secured so that it remains straight and plumb while concrete footing is setting

• Fence is to be installed following the existing grade of the area

• No soil or rock mounds, humps, or depressions shall be left upon completion of the fence

3 INSPECTIONS :

The Contractor’s work is subject to the inspection of the COR, or his appointed Quality Assurance (QA) Inspectors, at any time during construction..

• The Government will make a thorough inspection of the Contractor’s completed work to verify that all terms of this Contract have been satisfied.

• If work is not meeting acceptable standards, the deficient work area must be remedied to the satisfaction of the Government, in accordance with this SOW, prior to payment.

4. INVOICING AND PAYMENT

Payment will be made for the work which is completed to the satisfaction of all terms in this contract.

The Contractor shall submit to the Government an invoice for work completed under this contract to:

Jon.C.Bannerman@usace.army.mil

OR via mail to U.S. Army Corps of Engineers, B. Everett Jordan Lake, Attn: J. Bannerman, PO Box 144, Moncure, NC 27559

Invoices must be submitted upon delivery/completion of the contracted services, the Contractor shall provide a copy of the invoice to the Point of Contact stated above through e-mail (preferred) or United States Postal Service (USPS). The Contractor shall also ensure that the following items are included on the invoice:

• Contract #

• Invoice #

• Company Name (Must Match the Name on the Contract Document)

• Invoiced line item(s) (Must Match the Contract Line Item Numbers / e.g., 0001, 0002, etc.)

• Small Business, Veteran Owned, or 8A (Indicate on invoice, if applicable)

5. ANTITERRORISM/OPERATIONS SECURITY

The Contractor shall adhere to the following conditions:

AT/OPSEC #1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html ; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

AT/OPSEC #2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

AT/OPSEC #2b. For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

AT/OPSEC #4. Suspicious Activity Reporting Training (e.g., iWATCH, CorpsWatch, or See Something, Say Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

AT/OPSEC #7. For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is http://jko.jten.mil/courses/atl1/launch.html available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html ; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

AT/OPSEC #13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e.

facility repair or construction). All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

AT/OPSEC #15 Pre-screen candidates using E-Verify Program. "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html

Exhibit A

Exhibit B

Exhibit C