QSE 36C78622R50041.pdf

Unclassified // Unclassified Document Number: 36C78622R50041 PROCESSED Page 1 of 89

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 89

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

08/12/2022

4. REQUISITION/PURCHASE REQ. NUMBER

F000926-22-2000002

5. PROJECT NUMBER (If applicable)

36C786CODE

NATIONAL CEMETERY ADMINISTRATION CONTRACTING SERVICE

NCA Contracting Services 18434 Joplin Road

TRIANGLE, VA 22172

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

36C78622R50041

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

08/01/2022

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to correct the Davis Bacon wage determination rate. The Attachment B-Beverly NC Map has been added and questions and answers are provided.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Antionette Collins

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV.

11/2016) Prescribed by GSA FAR (48 CFR) 53.243

Document Number: 36C78622R50041 PROCESSED Page 2 of 89

Table of Contents

Section Description Page Number

1 Continuation Sheet A.1 Description of Amendment/Modification

2 Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998)

852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.217-8 Option to Extend Services (Nov 1999) 52.222-49 Service Contract Labor Standards-Place of Performance Unknown (May 2014) 52.224-1 Privacy Act Notification (Apr 1984) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.237-3 Continuity of Services (Jan 1991)

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY

2020)

852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

852.237-75 KEY PERSONNEL (OCT 2019)

852.237-78 PERFORMANCE AND DELIVERY (OCT 2019)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2022) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-9 Apprentices and Trainees (July 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination - Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-18 Availability of Funds (Apr 1984)

852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC

2009) 52.203-16 Preventing Personal Conflicts of Interest (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

3 Documents, Exhibits, or Attachments 4 Solicitation Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE

(JAN 2008)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.216-1 Type of Contract (Apr 1984)

Document Number: 36C78622R50041 PROCESSED Page 3 of 89

52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2022) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

52.233-2 Service of Protest (Sept 2006)

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Section 1 - Continuation Sheet

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0001 Firm Fixed Price

PSC: S208

Original:

7,829.000000

Change: 0.000000

Current:

7,829.000000

EA

Period of Performance: 09/16/2022 - 09/15/2023

Description: Beverly National Cemetery: Raise, Reset, Lower, Realign & Backfill Upright Headstones Cemetery Sections: Y, U, Z, V & OA

DAVIS BACON WAGE RATE APPLIES NJ20210007

Reference Line: F000926-22-2000002 - 0001

Pricing Options: Base

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0002 Firm Fixed Price

PSC: S208

Original:

7,829.000000

Change: 0.000000

Current:

7,829.000000

EA

Period of Performance: 09/16/2022 - 09/15/2023

Description: Beverly National Cemetery: Clean Upright Headstones w / D2 Biological Solution Cemetery Sections: Y, U, Z, V & OA

SERVICE WAGES APPLY

Wage Determination No.: 2015-4191

Reference Line: F000926-22-2000002 - 0002

Pricing Options: Base

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0003 Firm Fixed Price

PSC: S208

Original:

430,595.000000

Change: 0.000000

Current:

430,595.000000

SF

Period of Performance: 09/16/2022 - 09/15/2023

Description: Beverly National Cemetery: Renovate & Replace Existing Cemetery Turf with New Sod Cemetery Sections: Y, U, Z, V & OA

SERVICE WAGES APPLY

Wage Determination No.: 2015-4191

Document Number: 36C78622R50041 PROCESSED Page 5 of 89

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Reference Line: F000926-22-2000002 - 0003

Pricing Options: Base

A.1 Description of Amendment/Modification

High Level Changes:

• New

• Updated

• Solicitation Date changed from 08/01/2022 to 08/12/2022

• Removed

Office Changes:

• New

• Updated

• Place of Performance Office AAC/DODAAC changed from 000926 to 362210

• Place of Performance Office changed from NCA-NAD/000926, Washington National Cemetery, 830 Highland

Road, Newtown, PA, 18940, US, Stephen Ray Holland Jr., Stephen.Holland2@va.gov, 215-504-5610 to NCA-

NAD/362210, DEPT OF VETERANS AFFAIRS, DIRECTOR BEVERLY NATIONAL CEMETERY, 916

BRIDGEBORO ROAD RFD1, BEVERLY, NJ, 08010, US

• Delivery Office AAC/DODAAC changed from 000926 to 362210

• Delivery Office changed from NCA-NAD/000926, Washington National Cemetery, 830 Highland Road, Newtown, PA, 18940, US, Stephen Ray Holland Jr., Stephen.Holland2@va.gov, 215-504-5610 to NCA-

NAD/362210, DEPT OF VETERANS AFFAIRS, DIRECTOR BEVERLY NATIONAL CEMETERY, 916

BRIDGEBORO ROAD RFD1, BEVERLY, NJ, 08010, US

• Removed

• Admin Office Title Contracting Officer

• Invoice Office AAC/DODAAC 36C786

Attachment Changes:

• New

• Attachment B- Beverly NC Map.docx

• Davis Bacon Wage Determintion NJ20220048 Heavy.pdf

• Question and Answers 36C78622R50041.docx

• Updated

• Removed

Document Number: 36C78622R50041 PROCESSED Page 6 of 89

SUPPLIES OR SERVICES AND PRICES / COSTS

(Continuation of Standard Form 1449 – Block #’s 19 thru 24)

PRICE SCHEDULE: Contractor shall furnish all equipment, parts, materials, labor and supervision necessary to “Raise, Realign, Clean Upright Headstones & Renovate Turf with Sod” at the Beverly Cemetery, 916 Bridgeboro Road, Beverly, NJ. 08010.

Term of the contract shall be one (1) year from date of award. The Contractor shall complete all work within 365 calendar days after receipt of Notice of Award, subject to all terms, conditions, provisions, and schedules of the contract.

ITEM

NO. DESCRIPTION EST.

QTY UNIT UNIT PRICE TOTAL PRICE

Beverly National Cemetery: Raise, Reset, Lower, Realign & Backfill Upright Headstones Cemetery Sections: Y, U, Z, V & OA (Subject to Davis Bacon Wage Rate)

7,829 Ea. $ _________ $ ___________

Beverly National Cemetery: Clean Upright Headstones w / D2 Biological Solution Cemetery Sections: Y, U, Z, V & OA (Subject to Service Wage Rate)

7,829 Ea. $ _________ $ ___________

Beverly National Cemetery: Renovate & Replace Existing Cemetery Turf with New Sod Cemetery Sections: Y, U, Z, V & OA (Subject to Service Wage Rate)

430,595 Sq. Ft. $ _________ $ ___________

GRAND TOTAL ESTIMATED COST: $ ___________

Note #1: Water & Irrigation Requirements: It is estimated that by completion of the project, there shall be a total of approximately 430,595 square feet of new turf established with sod by the Contractor. The Contractor is required to provide water to the newly installed sod and to regularly water the sod during and after installation for a period of sixty (60) days to ensure that the sod has adequately rooted into the soil and is maintained in a healthy state.

Note #2: Initial Sixty (60) Day Sod Installation Watering Requirements: The Contractor is required to provide water and to regularly water the sod during installation and to continue to apply water for a period of sixty (60) days to ensure that sod has adequately rooted into the soil to become established.

As an example, if the Contractor installs sod in section 1 on September 1st, then he is responsible to continuing watering the sod as needed to maintain it in a healthy state until November 1st.

Note #3: Water Availability: If a cemetery water source / fire hydrant is used by the Contractor to obtain water and water the sod, the Contractor shall be responsible to make sure that a water meter is used to measure the amount of water being used. Based on these meter readings, the Contractor shall reimburse Washington Crossing National Cemetery for all water costs associated with the performance of this contract based on the current costs that the cemetery pays for its water from the local municipality. Water is not free for the Contractor if obtained from a cemetery water source.

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If a cemetery water source is not used or becomes unavailable or unable to be used, then the Contractor shall be responsible to provide water to the turf areas in the SOW via truck.

Note #5: Acceptability. A re-established turf area is “acceptable” when (i) the Contractor’s clearly evidences compliance, without exception, in meeting contract requirements set forth in Section A.6 (Surface Renovation & Turf Grass Re-Establishment), and (ii) 100% turf grass coverage is established to the complete satisfaction of the COR and NAD Regional Agronomist.

Note #6: Acceptance of Re-established Turf Area(s): Acceptance is defined as the point in time which the Government takes back control & physical possession of the re-established turf area(s). The Government has the right either to reject or to require correction when the re-established turf area is not in conformity with contract requirements. Acceptance (in part or whole) shall be in writing.

Note #7: Sod Installation Recommendation: It is strongly recommended that the Contractor begin the turf renovation portion of this contract no earlier than mid August and not install any new sod until early September. By this time of the summer excessive heat and humidity usually begins to lessen, the intensity of the sun is not as great as well as days become shorter w/ cooler nights and the chance for weed invasion into new turf has lessened as well. This shall allow a better chance for newly laid sod to become rooted and thrive and possibly require somewhat less water to become established.

SITE VISIT: Visits to the site by Bidders may be made only by appointment with the COR or authorized designee of the WASHINGTON CROSSING NATIONAL CEMETERY. Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. (See Attachment A - Map of Beverly National Cemetery).

To insure accuracy of bids, it is the Contractors responsibility to verify the acreage estimate by onsite inspection and measurement. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Beverly National Cemetery is a satellite cemetery under the supervision of the Director and staff of the Washington Crossing National Cemetery.

Cemetery staff are not located at Beverly National Cemetery and grounds maintenance services are performed under contract on a daily basis by a ground’s maintenance contractor. Visits to the site by Bidders may be made only by appointment with the COR or authorized designee of the Washington Crossing National Cemetery. If you plan to conduct a site visit at the Beverly National Cemetery, YOU MUST CONTACT one of the following cemetery personnel to make arrangements:

Greg Whitney, Cemetery Director...............…………………………… (215) 504-5610 Jason Guenther, Assistant Cemetery Director…………………………… (215) 504-5610 Richard McNulty, Cemetery Foreman................................................ (215) 504-5610 Facsimile # …………………………………………………………………. (215) 504-5611

BASIC REQUIREMENT

Burial Sections Upright Headstones Turf square footage burial section + 10% for section perimeter

(approximate) Y 2,890 158,950

U 978 53,790

Z 802 44,110

V 2,970 163,350

OA 189 10,395

Grand Total: 7,829 430,595

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DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

A.1 GENERAL REQUIREMENTS

A.1.1 NCA MISSION

The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National cemeteries are national shrines. The standards of maintenance, appearance and operational procedures performed by the Contractor at this cemetery shall reflect this nation's concern for those interned there. For this reason, the Contractor's strict adherence to the specifications shall be required and shall be essential.

Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledge the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

A.1.2 SCOPE OF WORK

(a) Contractor shall furnish all equipment, parts, materials, supplies, labor and supervision necessary and incidental to raise, realign and clean headstones and renovation turf with sod at the Beverly National Cemetery.

(b) Work shall be performed in strict accordance with all terms, conditions, specifications, schedules and drawings.

A.1.3 SPECIFICATIONS AND DRAWINGS

Upon request, two (2) additional sets of specifications and drawings shall be provided to the Contractor at time of award.

A.1.4 FIRE SAFETY

(a) Applicable Publications: Publications listed below form part of this Article to extent referenced. Publications are referenced in text by basic designations only.

(i) American Society for Testing and Materials (ASTM):

E84-1998………………Surface Burning Characteristics of Building Materials

(ii) National Fire Protection Association (NFPA):

10-1998…………..……Standard for Portable Fire Extinguishers FCLCH-30-1996……...Flammable and Combustible Liquids Code 51B-1999……………….Standard for Fire Prevention during Welding, Cutting and Other Hot Work 70-1999…………………National Electrical Code 241-1996………………..Standard for Safeguarding Construction, Alteration, and Demolition Operations

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(iii) Occupational Safety and Health Administration (OSHA)

29 CFR 1926…………...Safety and Health Regulations for Construction

(b) Fire Safety Plan: Establish and maintain a fire protection program in accordance with 29 CFR 1926. Prior to start of work, prepare a plan detailing project-specific fire safety measures, including periodic status reports, and submit to COR for review.

(c) Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

(d) Facilities: Separate temporary facilities, such as trailers, storage sheds, and dumpsters, from existing buildings and new construction by distances in accordance with NFPA 241.

For small facilities with less than 6 m (20 feet) exposing overall length, separate by 3m (10 feet). Onsite staging area to be defined by COR after Award.

(e) Temporary Electrical: Install, use and maintain installations in accordance with 29 CFR

1926, NFPA 241 and NFPA 70. If temporary electrical is required, the Contractor shall notify the COR prior to use of Temporary Electrical Services.

(f) Means of Egress: Do not block exits of occupied buildings, including paths from exits to roads.

(g) Fire Extinguishers: Provide and maintain extinguishers in construction areas and temporary storage areas in accordance with 29 CFR 1926, NFPA 241 and NFPA 10.

(h) Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29

CFR 1926, NFPA 241 and NFPA 30.

(i) Smoking: Smoking is prohibited except in designated smoking rest areas.

A.1.5 OPERATIONS AND STORAGE AREAS

(a) Coordination of Work with COR or Authorized Designee: Burial activities at a National Cemetery shall take precedence over construction activities. Construction noise during the interment services cannot disturb the burial service. To cause the least possible interference with cemetery activities, the Contractor shall cease all work in areas where burials are taking place. Trucks and workmen are prohibited from passing through the service area during this period.

(b) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR or Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature resulting from the Contractor's performance and/or negligence. It is understood that the VA shall not be held responsible for any damage to the Contractor's equipment, materials, supplies or the like which may result from vandalism, theft etc. while on site.

(c) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the

Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its own expense upon completion of the work.

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(d) 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.

When materials are transported in performance of 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, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

(e) The COR shall designate working space and space available for storing materials. Unless otherwise indicated on drawings as the Contractor’s “Staging Area”, all working and storage space must be approved by the COR prior to its use.

(f) Contract personnel are subject to the Cemetery rules of conduct. In addition to items listed elsewhere in this contract, the Contractor is 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, security, or safety of the event or visit is compromised.

(g) Contractor shall execute work in such a manner as to interfere as little as possible with work being done by others. Keep roads clear of construction materials, debris, standing construction equipment and vehicles at all times. Materials and Equipment shall not be stored in other than assigned areas.

A.1.6 UTILITIES SERVICES

(a) No utility services such as water, gas, steam, sewers or electricity, or fire protection systems and communications systems may be interrupted without prior approval of the COR.

(b) Contractor shall submit a request to interrupt any such services to COR, in writing, 48 hours in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption.

(c) Contractor shall be advised (in writing) of approval of request, or of which other date and/or time such interruption shall cause least inconvenience to operations of Cemetery.

Interruption time approved by the cemetery may occur at other than Contractor's normal working hours.

(d) To minimize interference of construction activities with flow of Cemetery traffic, the

Contractor is to keep roads, walks and entrances to grounds, to parking and to occupied areas of buildings clear of materials, debris and standing construction equipment and vehicles. At least one lane must be open to traffic at all times.

A.1.7 ALTERATIONS

(a) Survey: Before any work is started, the Contractor shall conduct a thorough survey with the COR of areas in which alterations occur and areas which are anticipated routes of access, and furnish a report, signed by both to the Contracting Officer. This report shall list existing conditions at site. Use of a video camera to survey and document existing conditions is encouraged.

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(b) Re-Survey: Thirty days (30) before expected final inspection date, the Contractor and COR together shall make a thorough re-survey of the areas of buildings involved. The re-survey report shall list any damages caused by Contractor's workmen in executing work under this contract.

A.1.8 PROTECTION OF EXISTING VEGETATION, GRASS, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which is not to be removed and which does not 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 shall remain in place. If any limbs or branches of trees are broken during contract performance or by the careless operation of equipment by workmen, the Contractor shall trim those limbs or branches with a clean cut, remove, and properly dispose of from the site as defined herein.

(b) 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 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.

(c) Refer to Articles, "Alterations", "Restoration", and "Operations and Storage Areas" for additional instructions concerning repair of damage to structures and site improvements.

A.1.9 RESTORATION

(a) Contractor shall remove, cut, alter, replace, patch and repair existing work as necessary.

Except as otherwise shown or specified, shall 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 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 contract, deliver work complete and undamaged. Existing work (lawns, paving, roads, walks, etc.) 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) The Contractor, at its own expense, shall immediately restore to service and repair any damage caused by Contractor's workmen/sub-contractors to existing piping, conduits, wires, cables, etc., of utility services or of fire protection systems and communications systems (including telephone - if applicable), to the work performed under this agreement, which are not scheduled for discontinuance or abandonment.

(d) Expense of repairs to such utilities and systems not shown on drawings or locations of which are unknown shall be covered by adjustment to contract time and price in accordance with clause entitled "CHANGES" (FAR 52.212-4 and VAAR 852.236-88) and "DIFFERING

SITE CONDITIONS" (FAR 52.236-2).

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A.1.10 PROFESSIONAL SURVEYING SERVICES

A registered professional land surveyor or registered civil engineer whose services are retained and paid for by the Contractor shall be used to restore any grave section corner monuments that may be disturbed because of the Contractor’s work performance.

A.1.11 LAYOUT OF WORK

(a) The Contractor shall layout the work and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at Contractor's own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to layout any part of the work. The Contractor shall be responsible for executing the work to the lines and grades needed to accomplish the work and to ensure that grave markers are correctly and accurately located on their associated gravesites.

(b) The Contractor shall also be responsible for maintaining and preserving all temporary and permanent stakes and other marks until authorized by the COR to remove them. If such marks are destroyed by the Contractor or through Contractor's negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

A.1.12 AS-BUILT DRAWINGS

(a) The Contractor shall maintain one set of as-built drawings, which shall be kept current during performance of the project, to include all contract changes, modifications, and indicating work progress on a section-by-section basis.

A.1.13 USE OF ROADWAYS

For hauling, use only established public roads and roads on Cemetery property and, when authorized by the COR, such temporary roads which are necessary in the performance of contract work. Temporary roads shall be constructed by the Contractor at Contractor's expense.

When necessary to cross curbing, sidewalks, or similar construction, must be protected by well-constructed bridges.

A.1.14 TEMPORARY TOILETS

Provide at the Contractor staging area only, (for use of all Contractor's workmen) ample temporary sanitary toilet accommodations consisting of suitable chemical closets where directed. Keep such places clean and free from flies and all connections and appliances connected therewith are to be removed prior to completion of contract, and premises left perfectly clean.

A.1.15 AVAILABILITY & USE OF WATER

It is estimated that by completion of the project, there shall be a total of 430,595 square feet of new turf established with sod by the Contractor. The Contractor is required to provide water and to regularly water the sod beginning during installation for a period of sixty (60) days to ensure that it has adequately rooted into the soil and maintained in a healthy state. The contractor may be able to draw water from hydrant located within the cemetery but will need to confirm this with cemetery staff. Contractor must meter and track the amount of water used and pay for all water used. If for some reason the contractor cannot draw water from a cemetery source then it

Document Number: 36C78622R50041 PROCESSED Page 13 of 89 is the Contractors responsibility to find an alternate water source to provide water to the sod to keep it in a healthy, growing state.

A.1.16 HISTORIC PRESERVATION

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

A.1.17 REPORTING REQUIREMENTS

The Contractor is required to check-in with the VA COR (or designee) daily (or as otherwise agreed upon with the COR). The Contractor shall provide the COR with an initial work schedule prior to the preconstruction meeting. The contractor shall provide monthly schedule update to the COR highlighting work progression and deviations from the initial schedule. The COR shall furnish the Contractor with a schedule of funerals and/or special events. This daily check-in is mandatory and may be accomplished by telephone, e-mail or scheduled meetings as agreed upon with the COR.

(a) Points Of Contact (for Department of Veterans Affairs):

Greg Whitney Department of Veterans Affairs Washington Crossing Cemetery 830 Highland Road Newtown, Pa. 18940

Tele: (215)-504-5610 Fax: (215)-504-5611 E-mail: Gregory.Whitney@va.gov

(b) Points Of Contact (for Contractor – please indicate):

________________________________ Tele #: ( ) _______ - _____________ (Name & Title)

Fax #: ( ) ________ - ________________

E-Mail: ________________________________

________________________________ Tele #: ( ) _______ - _____________ (Name & Title – Alternate POC)

E-Mail: ________________________________

Note: If work is authorized to be performed after hours or on weekends / holidays, and an emergency occurs, the Contractor shall contact the VA Police Office in the absence of the COR's or Acting Director. The VA Police shall then contact the Cemetery management or take appropriate action.

A.1.18 IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS

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(a) The Contractor's employees shall wear visible VA approved photo identification at all times while on the premises of the cemetery. This must be coordinated with the COR before any work may begin. All Contractor employees shall be required to adhere to National Cemetery of the Alleghenies Facility Security Policy. It is the responsibility of the Contractor to park in the appropriate designated parking areas. The cemetery shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

(b) Smoking is prohibited inside any buildings at the cemetery. Possession of weapons is prohibited.

Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

A.1.19 INSURANCE – WORK ON A GOVERNMENT INSTALLATION

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting

Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective-

(i) For such period as the laws of the State in which this contract is to be performed prescribe; or

(ii) Until 30 days after the insurer or the Contractor gives written notice to the Contracting

Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require sub-Contractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all sub-Contractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(d) INSURANCE COVERAGE: The following minimum coverage shall apply to this contract –

(i) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(ii) General liability. Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(iii) Automobile liability. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide

Document Number: 36C78622R50041 PROCESSED Page 15 of 89 coverage of at least $250,000 per person and $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

A.1.20 ORIENTATION FOR CONTRACTOR EMPLOYEES

(a) Contractor shall attend an orientation meeting as arranged by the Contracting Officer's Representative (COR). The VA shall schedule this meeting and it shall include discussion of the following topics: (VA shall provide information to the Contractor regarding these topics and shall document the meeting)

(i) Fire and Safety

(ii) Project Work Schedule, Rules Pertaining To Workers, General Parameter Job Related

Issues

(iii) Disaster procedures

(iv) Other

(b) The Contractor shall be responsible to ensure that Contractor employees coming to the work site shall receive the information required above.

(c) The Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

(d) Contractor’s staff will be required to sign a “rules of behavior” and view the “SACRED

TRUST” prior to starting work.

A.2 SPECIFIC REQUIREMENTS

A.2.1 CONTRACTOR DUTIES AND RESPONSIBILITIES

(a) Period of Performance: The Contractor shall complete all work defined herein within 365 calendar days from start to finish Notice of Award has been issued.

(b) Work Hours: Work may be performed between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday unless otherwise directed by the COR. At the Contractor’s request, and with the written permission of the COR, work shall also be permitted to be scheduled for weekends and / or Holidays. In emergency situations caused by the Contractor, or when severe adverse weather prohibits work during the week, the Contractor shall arrange with the COR to work on weekends and/or holidays in order to meet performance time frames.

The Government shall not compensate the Contractor for any alternate work schedules needed for the Contractor to complete all contract work within the specified project duration.

No work shall be permitted during Memorial Day or Veteran’s Day weekend activities.

Notwithstanding, if any work under this contract shall be required outside of the VA's normal working hours (8:00 a.m. to 4:30 p.m. Monday through Friday), the Contractor shall request for a deviation in writing to the COR at least 24 hours in advance. The COR shall notify the appropriate individuals regarding Contractor's anticipated schedule and shall provide written approval or disapproval to the Contractor.

(c) After Normal Hours On-Call / Emergency Situations: The Contractor shall establish and maintain a point-of-contact to receive emergency calls from the COR(s). The point-of-

Document Number: 36C78622R50041 PROCESSED Page 16 of 89 contact shall be available on a 24-hour basis including during weekends, Federal Holidays and after normal hours of operation. The Contractor is to provide phone, pager and cell phone numbers for emergency and/or after hour’s situations. Repairs shall be made as expeditiously as circumstances allow or within (24) hours upon initial emergency call.

Contractor shall follow procedures listed in paragraph A.1.17 for emergency notifications.

(d) Daily Work Schedule: As provided under paragraph A.1.17, the Contractor shall coordinate with the COR(s) on a daily basis a work schedule to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony. These daily meetings are also an opportunity for the Contractor to ask questions and ensure he/she understands the off-limit areas, which may vary, depending on the event.

The Project Manager can thus assign tasks accordingly throughout the rest of the Cemetery

- so that productive use of labor and equipment is assured, and downtime is avoided. If the Contractor fails to re-direct employees away from an event in a timely fashion, the COR(s) may then assist in doing so. At the Government’s discretion, daily or weekly meetings shall be conducted at a time agreed upon by both the COR and the Contractor.

(e) Scheduled Ceremonies: In the event that a burial is scheduled for the cemetery, the

Contractor shall be provided a list of scheduled ceremonies the week prior to the event, and a list of scheduled funerals shall be provided daily. The Contractor is solely responsible for ensuring that no contract work causes any funeral, 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. The Contractor is solely responsible for staying abreast of all such upcoming events and when in doubt, he/she must ask the COR(s). The Contractor shall meet with the COR at the end of each day to determine work completed and ensure that work is on schedule. In the absence of the COR, the Contractor shall meet with the Alternate COR of this contract as provided under Paragraph A.1.17.

(f) The Contractor's performance and progress on this contract shall be measured weekly based on how timely, accurately, and adequately he/she accomplishes and completes weekly work schedules necessary to systematically accomplish the contract work over the duration of the project. In instances where the COR determines that the work is behind schedule, he shall notify the Contracting Officer and the Contractor shall increase workforce and/or hours of operation at no additional cost to the Government in order to achieve completion of the contract work within the specified timeframe.

A.2.2 REQUIRED DOCUMENTATION

The Contractor shall be responsible for obtaining all necessary and current licenses, permits, vehicular insurance and registration, Workman's Compensatory Liability Insurance, property liability insurance etc., prior to the commencement of work. The Contractor shall provide the Contracting Officer copies of these required documents with his/her proposal and at other times where the COR deems necessary during the duration of the project.

A.2.3 UTILITY LINES COMPLIANCE

Where work conflicts with existing utility/service lines (above ground/below ground), the corresponding utilities company and the COR shall be notified and the Contractor shall obtain any necessary permits/ blue prints and cooperate with the utilities company/cemetery staff to avoid any damage or liability, and provide a safe work environment for his/her employees.

Contractor is responsible for damages to utilities, above and below ground.

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A.2.4 GENERAL PARAMETERS

(a) The Contractor is responsible to ensure that all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for all actions initiated and/or completed by his/her employees. Furthermore, the Contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

(b) Damage to Government property: Contractors shall be responsible for replacement of any cemetery structure, to include: turf, curb, road pavement, headstone or marker, permanent floral vases, valve boxes, control markers etc, which is chipped, marred, damaged and/or ruined at the fault of the Contractor and shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed Contracting Officer Technical Representative (COR) prior to repair, replacement, and installation.

(c) Liability: At the Government's discretion, the Contractor shall either repair or replace the property, or reimburse the Government the full amount for all property damage(s). The Contractor shall be aware that Government property - beyond standard structures and equipment - also includes headstones, monuments, trees, plant beds, and turf, i.e. wounded trees or scalped turf, etc - as well as headstones - shall be repaired or replaced.

(d) Contractors shall be responsible for cleaning cemetery structures, headstones, monuments, and roadways that are soiled or stained because of Contractor's performance. The Contractor shall wash-down with water all soiled or stained structures, headstones, and monuments at the end of each workday.

(e) Roadways shall be cleaned with a street sweeper each day as needed to keep the existing roads free from dirt and mud resulting from Contractor operations. No hazardous chemicals are to be used at anytime on Government property. The Contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the Contracting Officer Representative (COR) prior to washing/cleaning.

(f) At the end of each day, the Contractor shall remove all debris from the cemetery site resulting from the work. The Contractor shall ensure at all times that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. The Government shall not provide receptacle(s) for disposal of debris related to this contract. The Contractor shall be permitted to place his trash receptacle dumpsters in the COR approved "Contractor Staging Area".

(g) Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be provided by the Contractor at all work sites to eliminate hazards and for the protection, safety, and warning of all public visitors, pedestrians, cemetery employees, and vehicular traffic within the area.

(h) 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(s). The Contractor is responsible for reporting to the COR(s) any problems or questions that may arise with any

Document Number: 36C78622R50041 PROCESSED Page 18 of 89 other personnel on site during the period of performance of this contract. The Contractor shall not take it upon him or herself to resolve any problems or issues with other on-site Contractors or employees, but rather shall leave it to the COR(s) to resolve the issue.

(i) The Contractor (including his or her employees, sub-contractors, consultants or the like) shall not operate trucks, tractors, and other heavy equipment on any turf area except as provided in this contract to perform work or as authorized by the COR. The Contractor shall be responsible for repairing turf damage caused by the Contractor's equipment and staff at no additional cost to the government.

(j) The Contractor shall possess and maintain all necessary insurance, licenses and permits required for contract performance. Contractor is responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of New York.

(k) Reporting "on-the-job" Injuries: The Contractor is required to report all "on-the-job" injuries incurred by the Contractor, its agents or employees, resulting from performance of this contract. Contractor shall notify the COR (either orally or via telephone) within twenty-four

(24) hours of the injury and provide details and exact location of the incident. This shall be followed up by a written notice to the COR. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted.

A.2.5 WORK ENVIRONMENT

(a) All work under this service contract shall be performed primarily out-of-doors and personnel performing these services shall be exposed to wind, sun, cold, dampness, frost, fog and rain. These conditions at times may be extreme. The Contractor shall take all necessary precautions to protect his/her employees from the elements to the maximum practicable extent. Inclement weather shall 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.

(b) The Government reserves the right to order the contract work to cease once the surface conditions deteriorate to soggy or muddy conditions. Once the surface reaches this condition, it is non-productive for the Contractor to continue to fulfill the contract.