SOW.pdf

STATEMENT OF WORK

Buckhorn Lake Debris Clean Up

Project Location:

Buckhorn Lake

804 Buckhorn Dam Road Buckhorn, Kentucky 41721

1. GENERAL REQUIREMENTS

The purpose of this contract is to remove and dispose of eligible waterway debris in and on the banks of Buckhorn Lake. All actions and processes used shall be in full compliance with all applicable local, state, and Federal policies, regulations, and laws. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other non-personal services necessary to perform debris removal, quality control, planning, and reporting as defined in this SOW, except for those items specified as Government-furnished property and services. The Contractor shall perform to the standards in this contract. All debris management work shall be accomplished in the most efficient and effective manner appropriate for the applicable waterway in accordance with the contract provisions.

2. REQUIREMENTS FOR WATERWAY DEBRIS REMOVAL

The Contractor shall provide for debris removal and disposal of approximately 16,000 cubic yards of eligible waterway debris from Buckhorn Reservoir in Perry County, KY, as directed by the contracting officer (KO).

The work shall consist of pickup, separating, removing, reducing, and dumpsite management of all eligible waterway debris. Work shall include the following:

a. Retrieving the debris.

b. Hauling the eligible debris to the appropriate dumpsite(s).

c. Examining and sorting debris to determine whether eligible debris is vegetative, construction and demolition (C&D), mixed, or white goods.

d. Reducing vegetative debris.

e. Construction and demolition (C&D), mixed, or white goods shall be segregated and disposed of at permitted landfill as directed by the COR.

f. Household Hazardous Waste (HHW) consists of common household products that contain corrosive, toxic, ignitable, or reactive ingredients. Because this material is frequently found intermingled with floating waterway debris, the Contractor must be prepared to segregate it.

a. Examples of HHW include but are not limited to: Paint cans (latex or oil-based), solvents, cleaners, motor oil, antifreeze, pesticides, fertilizers, batteries (lead-acid or lithium), aerosol cans, propane tanks, and unknown liquid chemicals in drums or consumer packaging.

b. Handling Restriction: HHW is strictly prohibited from being chipped, incinerated, or co-mingled with Vegetative or C&D debris.

c. Segregation and Disposal: The contractor shall safely extract HHW from any debris gathered and place it in a designated staging area identified by the Contracting Officer’s Representative (COR).

Once the HHW is safely staged at the designated location, the Government will assume responsibility for its final removal, transport, and disposal. The Contractor is not responsible for the disposal fees associated with HHW.

g. Titled property, such as, but not limited to automobiles, boats, trailers, Conex boxes, and recreational vehicles, are not anticipated on this project and no pay item for these will be utilized.

h. Only eligible debris within the defined area shall be loaded, hauled, or dumped under this contract. The Contractor is liable for all ineligible debris handled during the life of this contract.

i. Sediment, Soil, and Rocks shall not be removed under this contract and is considered ineligible debris.

j. Removal of Hazardous Trees – No removal of “hazard” trees on this contract. Should the Contractor identify a tree they believe poses an immediate hazard to operations or public safety, they shall cease work in the immediate vicinity and notify the COR immediately. The COR will be responsible for making a final determination and coordinating the disposition of the hazardous tree.

The debris within Buckhorn Reservoir consists mainly of woody debris with some light floating trash. Debris is concentrated along the shorelines at summer pool and higher elevations. The area for debris removal shall start at the dam and move upstream to the Leatherwood Branch. If this area is fully cleared and the number of cubic yards has not been reached, debris removal shall continue working upstream.

Figure 1. Buckhorn Reservoir – Area of focus for debris removal.

Ideally, the debris removal will occur at an elevation above Summer Pool as the debris is concentrated above this elevation. A significant pool rise will float debris along the shoreline and provide more access and efficiency for debris removal. Winter drawdown is typically from November through May, where Elev 740 is targeted. This is a period of high runoff and typically have a high pool in February through March. There is little submerged debris, and focus shall be floating debris and that deposited along the shoreline up to approximate elevation 825 ft.

Debris removed above the 825 ft elevation mark shall not be paid through this contract. The Period of performance will encompass 2 flood seasons to give the contractor ample opportunity to work during high water conditions.

Pool Elevation (ft.)

Winter Pool 740

Summer Pool 782

Flood Pool 840 Flowage Easement 845

Table 1. Buckhorn Reservoir Pool Elevations

No action shall be taken that will compromise the integrity and stability of the banks or result in undue erosion of the banks when removing debris. No cutting of live trees is permitted, and there shall be no disturbing of live vegetation. Areas that have private structures above the flowage easement should be avoided and no work performed.

2.1. If needed, The Contractor shall identify, develop and operate temporary off-loading sites (TOLS) that are approved by the COR. The Contractor shall obtain any permit(s) that may be required for the TOLS (e.g., permits for siting, operation monitoring, closure, and post-closure care requirements). The Contractor shall comply with the terms and conditions of any such permits or approvals. The Contractor is responsible for identifying and determining access to TOLS on public property such that the Debris removed from waterways/wetlands can be safely loaded into trucks for transport to a final disposal site or recycling facility.

2.2. The work will be for a firm fixed price at mutually agreed estimated quantities. The estimated amount of debris to be removed under this contract is not guaranteed. The unit price on the individual schedule of services will be used for payment.

2.3. The Contractor shall document the current conditions of all roadways along the haul routes. A representative of the USACE field personnel shall be notified of the results of the inspection.

2.4. It is recommended that the Contractor document the current condition of private roads where debris removal is conducted, for those roads where ROE is required. Private roads are those that are not owned by, or operated by, or otherwise the legal responsibility of a public entity such as orphan roads, roads in gated communities, or homeowners’ association roads. It is recommended that the Contractor document the condition through photograph or video record of condition, date(s) of debris removal, location/address of road, ROE, and owner information.

2.5. The location of the debris reduction site will be determined by the contractor and approved by the COR.

This site may be on land or on barges in the lake. All vegetative and C&D debris will be hauled to this site.

The methods of reduction, for vegetative debris only, will be by incineration or chipping.

2.6. The contractor shall be responsible for final disposal of chips and/or ash residue either through spreading, landfill operations or recycling/beneficial use if Air Curtain Incineration is used for reduction. Disposal of non-burnable debris and ash residue shall be made in accordance with current state, federal, and local regulations.

2.7. The contractor shall be responsible for final disposal of all construction and demolition debris and all white goods debris to an off-site landfill or recycling area. All construction and demolition debris and white goods debris shall be separated into its own container for verification purposes.

2.8. The Contractor shall construct all necessary and appropriate reduction sites, managing the operation of the reduction sites, performing debris reduction by burning, air curtain incineration and/or reduction by mechanical means using chippers, grinders, shredders, separation of debris, and final debris disposal.

Contractor shall return the reduction site to original conditions upon completion of reduction activities. This requirement includes post use environmental testing.

2.9. Once all debris has been removed and additional requests for emergency debris removal are not anticipated, the contractor will complete the de-mobilization process as directed by the KO.

2.10. The contractor shall be responsible for correcting any notices of violation issued as a result of the Contractor’s or any subcontractor’s actions or operations during the performance of the contract.

2.11. The Contractor shall provide all labor, equipment, and material for vegetative dumpsite management and debris reduction operations. This requirement shall include all items necessary to perform on-site maintenance and logistical support operations.

2.12. Debris reduction by incineration. If thermal reduction is authorized by the KO, the Contractor shall notify the COR of the need to commence incineration operations. When incineration is called for the preferred method of reduction will be by air curtain incineration, however, other incineration methods capable of delivering a reduction of similar capacity will be considered. There are safety protocols for incineration applicable to controlled burn/incineration activities particular to each county. The contractor will submit a safety plan and permits approved by the proper Federal, State, or County authority to the COR before incineration activities commence. If reduction by incineration is not possible due to burn bans by the local government then the contractor shall continue reduction using other means.

2.13. Burning operations require a 100-foot clearance for the stockpile and a 300-foot clearance for structures. Ash generated through combustion of vegetative debris will be appropriately sampled and analyzed for the Toxicity Characteristic (TC). The ash must be tested using the Toxicity Characteristic Leaching Procedure (TCLP, Method 1311 of SW-846) pursuant to 40 CFR § 261.24 (a). If any ash is determined to be hazardous, it must be managed pursuant to RCRA Subtitle C.

Table 2. List of TC Contaminants and Regulatory Levels Found in 40 CFR 261.24.

EPA HW No.1 Contaminant CAS No.2 Regulatory Level (mg/L)

D004 Arsenic 7440-38-2 5 D005 Barium 7440-39-3 100

D018 Benzene 71-43-2 0.5 D006 Cadmium 7440-43-9 1

D019 Carbon tetrachloride 56-23-5 0.5 D020 Chlordane 57-74-9 0.03

D021 Chlorobenzene 108-90-7 100

D022 Chloroform 67-66-3 6 D007 Chromium 7440-47-3 5

D023 o-Cresol 95-48-7 4 200.0 D024 m-Cresol 108-39-4 4 200.0

D025 p-Cresol 106-44-5 4 200.0

D026 Cresol 4 200.0 D016 2,4-D 94-75-7 10

D027 1,4-Dichlorobenzene 106-46-7 7.5 D028 1,2-Dichloroethane 107-06-2 0.5

D029 1,1-Dichloroethylene 75-35-4 0.7 D030 2,4-Dinitrotoluene 121-14-2 3 0.13

D012 Endrin 72-20-8 0.02

D031 Heptachlor (and its epoxide) 76-44-8 0.008 D032 Hexachlorobenzene 118-74-1 3 0.13

D033 Hexachlorobutadiene 87-68-3 0.5 D034 Hexachloroethane 67-72-1 3

D008 Lead 7439-92-1 5

D013 Lindane 58-89-9 0.4 D009 Mercury 7439-97-6 0.2

D014 Methoxychlor 72-43-5 10 D035 Methyl ethyl ketone 78-93-3 200

D036 Nitrobenzene 98-95-3 2 D037 Pentachlorophenol 87-86-5 100

2.14. All work shall be accomplished in a safe manner in accordance with EM385-1-1 and OSHA standards.

Note the requirements for mishaps and accident investigation and reporting. Accidents shall be investigated, and reports completed by the immediate supervisor of the employee(s) involved and reported to the KO or COR immediately and the accident report submitted on ENG Form 3394 within one working day after the accident occurs. All data reported must be complete, timely and accurate. A follow-up report shall be submitted when the estimated lost time days differs from the actual lost time days.

2.15. The contractor shall use equipment and perform work in a manner to prevent damages to private property and public infrastructure facilities. The contractor shall repair any damages caused by the contractor’s equipment as a result of contractor’s negligence in a timely manner at no additional expense. All equipment shall be approved by the COR prior to use. Any damage to private property, public infrastructure facilities, sidewalks, curbs, or streets shall be repaired at the expense of the contractor.

3. DEBRIS CLASSIFICATION

A. Eligible vegetative debris consists of fallen trees, limbs, and other natural woody material that is not rooted and is located within the specified work area. Ineligible debris includes, but is not limited to, sediment, soil, rocks, hazardous trees, and privately owned property.

B. Construction and demolition debris can be defined as damaged components of buildings and structures such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures.

C. White goods can be defined as refrigerators, freezers, washers, dryers, air conditioners, etc.

4. SUBMITTALS

Prior to the pre-work conference the contractor shall submit:

A. Work Plan for how the work will be scheduled and accomplished B. Ingress/Egress Plan

a. Narrative describing the planned points of entry and exit from the waterways.

b. Narrative describing any site prep and site restoration to be performed at the points of entry and exit, including but not limited to stabilization, environmental protection, and implementation of Best Management Practices.

c. Map identifying the location with GIS tag for location of entry and exits from waterways C. Locations of Temporary off-loading sites if needed.

D. All items that are identified in section 7 of the specifications below.

E. By 1000 each day the contractor shall report to the COR and TPOC the amount of debris removed in cubic yards the day before. The Contractor shall submit this information using a standardized spreadsheet or tabular format to allow the Government to easily track daily progress against cumulative project totals.

D038 Pyridine 110-86-1 3 5.0 D010 Selenium 7782-49-2 1

D011 Silver 7440-22-4 5

D039 Tetrachloroethylene 127-18-4 0.7 D015 Toxaphene 8001-35-2 0.5

D040 Trichloroethylene 79-01-6 0.5 D041 2,4,5-Trichlorophenol 95-95-4 400

D042 2,4,6-Trichlorophenol 88-06-2 2 D017 2,4,5-TP (Silvex) 93-72-1 1

D043 Vinyl chloride 75-01-4 0.2

An example of this report is given in Figure 2. If no work was performed the prior day, then no report is required. This report shall include:

a. Date of Operations

b. Daily Vegetative Debris Verified (CY): Volume of raw vegetative debris collected and verified by the Government via Load Call for the reporting day.

c. Cumulative Vegetative Debris Verified (CY): Total volume of raw vegetative debris verified project-to-date.

d. Daily Vegetative Debris Reduced (CY): Volume of raw vegetative debris processed via incineration or chipping for the reporting day.

e. Cumulative Vegetative Debris Reduced (CY): Total volume of raw vegetative debris processed project-to-date.

f. Daily Residual Material Disposed (CY): Volume of reduced material (ash or mulch) permanently disposed of in an approved manner for the reporting day.

g. Cumulative Residual Material Disposed (CY): Total volume of reduced material (ash or mulch) permanently disposed of project-to-date.

h. Daily C&D / White Goods Verified (CY): Volume of Construction & Demolition and White Goods debris verified by the Government for the reporting day.

i. Cumulative C&D / White Goods Verified (CY): Total volume of C&D and White Goods debris verified project-to-date.

j. Daily C&D / White Goods Disposed (CY): Volume of C&D and White Goods debris hauled off-site and disposed of at an approved facility for the reporting day.

k. Cumulative C&D / White Goods Disposed (CY): Total volume of C&D and White Goods debris hauled off-site and disposed of project-to-date.

Figure 2. Example daily report format.

5. DEBRIS MEASUREMENT, VERIFICATION, AND REDUCTION

A. Equipment Certification and Placarding Prior to the commencement of operations, the Contractor shall present all hauling containers (e.g., dump trucks, roll-off containers, barges, hoppers) to the Contracting Officer’s Representative (COR) or designated Government Inspector for volumetric certification.

a. The Government will measure the interior dimensions of each container to calculate its maximum cubic yard (CY) capacity.

b. Each approved container will be assigned a unique identification number.

c. The Contractor shall clearly mark this ID number and the certified maximum CY capacity on both sides of the container in highly visible lettering.

B. Point of Measurement and Void Space Deductions Payment for eligible debris removal will be volumetric (unit price per Cubic Yard), based on the volume of raw, unreduced debris.

a. All measurements and "Load Calls" must be conducted at the designated staging/reduction area prior to the debris being loaded into a chipper, grinder, or incinerator/Air Curtain Destructor (ACD).

b. The COR or Government Inspector will conduct a visual inspection of the loaded container. Because vegetative debris inherently contains void spaces (empty air between logs and branches), the Inspector will estimate the percentage of the container filled with actual debris and apply a void space deduction. (e.g., A 100 CY container visually assessed as containing 20% void space will be recorded and paid as an 80 CY load).

c. The visual assessment and final CY determination made by the Government Inspector is final and binding. No material shall be chipped or incinerated until a Load Call has been completed and a ticket issued.

C. Inspector Access and Transfer to Burn Barge If reduction/inspection area is on the water, then:

a. The Contractor shall provide safe access for the Government Inspector to view and verify the hopper loads. If inspections are to be conducted on the water, the Contractor shall provide a safe vessel and pilot to shuttle the Inspector to the active work site as needed.

b. Transfer: Only after the Load Call is complete and the load ticket is signed may the Contractor utilize an excavator/crane to transfer the measured debris from the floating hopper into the reduction machine.

D. Load Ticketing Process No payment shall be made for any debris removed without a fully executed Load Ticket.

a. The Government Inspector will issue a load ticket for each container load immediately prior to the material being dumped for reduction.

b. The ticket shall document: Date, Time, Container ID Number, Certified Max Capacity, Assessed Fill Percentage (accounting for voids), and the Final CY awarded.

c. Both the Contractor’s operator and the Government Inspector must sign the load ticket at the time of the Load Call. Copies of all validated tickets must accompany the Contractor's invoices.

E. Debris Reduction and Final Disposal The Contractor shall be responsible for reducing all verified eligible vegetative debris via either mechanical chipping or controlled incineration, followed by the lawful disposal of all residual materials (mulch or ash).

1. Option A: Mechanical Chipping and Mulch Management If the Contractor elects to reduce vegetative debris via chipping, the resulting mulch shall be managed using one or both of the following approved methods:

On-Site Spreading: Chips may be broadcast evenly along the bank of Buckhorn Lake, strictly remaining below the 810-foot elevation mark. The Contractor must ensure the spread material is leveled so that no pile or accumulation exceeds a maximum height of 18 inches.

Off-Site Disposal: Any chips not spread within the approved on-site footprint must be transported off-site and disposed of at a licensed commercial landfill or approved organic recycling facility at the Contractor's expense.

2. Option B: Incineration Operations If the Contractor elects to reduce vegetative debris via incineration, operations must utilize Air Curtain Destructors (ACDs) or other Government-approved controlled burning methods. All burning operations must strictly comply with Kentucky Department for Environmental Protection (KDEP) air quality standards and all local fire regulations.

a. Ash Management, Testing, and Disposal

All residual ash resulting from incineration operations shall be managed according to the following strict protocols:

Cooling and Environmental Testing: Ash must be allowed to cool completely prior to handling.

Before any final disposal (whether on-site or off-site), the Contractor shall coordinate and fully fund environmental testing of the ash stockpile to certify it meets KDEP standards for non-hazardous waste.

On-Site Disposal (Clean Ash): Ash that successfully passes environmental testing may be disposed of on-site at the designated spillway area. If this option is chosen, the Contractor shall spread the ash evenly, ensuring the material depth does not exceed 6 inches at any point.

Off-Site Disposal (Clean Ash): Alternatively, the Contractor may elect to transport ash that has passed environmental testing off-site for final disposal at a licensed commercial landfill at their own expense.

Off-Site Disposal (Failed Ash): In the event that ash fails KDEP environmental testing, it shall not be disposed of on Government property under any circumstances. The Contractor shall be solely responsible for the safe removal, transportation, and lawful disposal of the contaminated ash at a permitted off-site facility in accordance with all local, state, and federal regulations.

6. INVOICING AND PAYMENT PROCEDURES

A. Invoice Preparation and SAM Alignment

The Contractor shall ensure that all invoices reflect the exact company name, physical address, and UEI/CAGE code as actively registered in the System for Award Management (SAM.gov). All invoices shall be submitted through RMS.

B. Draft Invoice Review Process Prior to submitting a formal invoice for payment, the Contractor shall submit a draft invoice to the Contracting Officer’s Representative (COR) for review.

This draft must be accompanied by all necessary supporting documentation, including but not limited to: consolidated Daily Operations Reports and all corresponding, fully executed Load Tickets for the billing period.

Once the COR has reviewed the draft invoice and mutually agreed upon the verified quantities, the Contractor is authorized to submit the formal invoice for payment processing through the contract's designated payment system (e.g., PIEE/WAWF).

C. Progress Payments The Government will make progress payments to the Contractor as work progresses. The Contractor may submit requests for progress payments subject to the following conditions:

Invoices shall be submitted no more frequently than bi-weekly (every 14 calendar days).

The requested payment amount must be $2,500.00 or greater.

All progress payments are subject to review and final approval by the Contracting Officer.

D. Retainage (15% Withholding) The Government will withhold a retainage of fifteen percent (15%) from the total value of each approved progress payment. This accumulated 15% retainage will be released and paid to the Contractor only after the COR has verified that all debris has been completely reduced, the residual material (ash/mulch) has been lawfully disposed of in accordance with this SOW, and the Government has conducted a successful final site inspection.

BUCKHORN LAKE DEBRIS CLEAN UP

TABLE OF CONTENTS

SPECIFICATIONS/DESCRIPTION

1. Project Information

2. Performance Work Statement

3. Technical Point of Contact (TPOC)

4. Pre-Work Conference

5. Working Hours

6. Contract Start and Completion Dates

7. Contractor Submittals

8. Permits and Licenses

9. Identification of Contract Employees and Vehicles

10. Safety Requirements

11. Required Security Training and Planning

12. Accident Reporting

13. Damage Reports

14. Contractor Employees’ Conduct and Competency

15. Damage or Loss of Contractor’s Supplies and Property

16. Supervision

17. Environmental Program

18. Contract Discrepancy Report (CDR)

19. Meetings

20. Quality Control

21. Quality Assurance

22. Deficiencies

23. Interruptions to Systems

24. Government Furnished Materials and Equipment

25. Contractor Furnished Items

26. Safeguarding Government Property

27. Minimum Manpower Requirements

28. Minimum Personnel Qualifications

29. Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

30. Cooperation with other Contractors, Lessees, and Volunteers

31. Reports

32. Applicable Publications

33. Warranty

34. Wage Rates

35. Definitions

36. Index of Exhibits

SPECIFICATIONS/DESCRIPTION

1. Project Information.

Perform debris removal, quality control, planning, and reporting as defined in this Scope of Work at Buckhorn Lake, 804 Buckhorn Dam Road, Buckhorn, KY 41721

2. Performance Work Statement.

The purpose of this contract is to remove and dispose of eligible waterway debris in and on the banks of Buckhorn Lake. All actions and processes used shall be in full compliance with all applicable local, state, and Federal policies, regulations, and laws. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other non-personal services necessary to perform debris removal, quality control, planning, and reporting as defined in this SOW, except for those items specified as Government-furnished property and services. The Contractor shall perform to the standards in this contract. All debris management work shall be accomplished in the most efficient and effective manner appropriate for the applicable waterway in accordance with the contract provisions.

3. Technical Point of Contact (TPOC):

Richard Walz U.S. Army Corps of Engineers Project Engineer 502-315-6698

4. Pre-Work Conference:

The contractor will be required to attend a pre-work conference prior to beginning work during which the Contractor’s plan of work, safety procedures, start date and other items in this contract will be discussed.

5 . Working Hours.

a. Normal working hours, except as otherwise specified herein, will be Monday through Friday, 7:00 a.m. to 4:00 p.m. Eastern Standard Time. Work inside Government buildings or other secured areas will be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project will be scheduled around normal working hours, as specified by the Project Manager.

Holiday Work. The eleven (11) Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth Day (June 19) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday.

When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work will be scheduled around the above listed Federal holidays except as specified herein or as approved by the TPOC.

b. Inclement Weather Work.

The Contractor will maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the TPOC when severe conditions make it impractical or dangerous to perform the work.

6. Contract Start and Completion Dates.

Work under this contract will begin within 14 calendar days of Notice to Proceed (NTP) and complete within 720 calendar days after receiving the NTP.

7. Contractor Submittals.

Unless otherwise specified, the Contractor will submit the following information to the COR utilizing RMS prior to the pre-work conference for this contract:

a. Contractor Representatives. List of names of Contractor Representatives.

b. Accident Prevention Plan (APP). See EM 385-1-1 for the mandatory ENG Form 6293 (Accident

Prevention Plan Worksheet).

c. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor

Representatives) to call in case of emergencies.

d. Operators. A list of names of qualified equipment/vehicle operators, including experience, training and qualification to operate specific equipment.

e. Certificate of Insurance.

f. Performance Bond. (where applicable)

g. Security Requirements.

8. Permits and Licenses.

The Contractor will obtain, at own expense, any required licenses, permits or certifications necessary to perform the specified services. Required licenses, permits and certifications will be kept current during the period the work is performed. The Contractor is also responsible for any and all costs associated with the training of Contractor personnel to acquire and maintain valid licenses, permits or certifications necessary to perform the contract services specified herein. The Contractor, Contractor personnel and any persons acting on behalf of the Contractor will comply with all applicable Federal, State and local laws and regulations; including any subsequent changes to these laws and regulations.

Minimum Personnel and Training Requirements. The Contractor will provide an adequate number of fully trained and qualified personnel to perform the work specified herein. Contractor personnel will be properly trained to perform their assigned work in a safe and effective manner. Training will include, but is not limited to instruction on the proper and safe use and operation of Contractor equipment and any Contractor provided tools, supplies and materials required to perform the specified services. Only properly trained and qualified employees will be used in the performance of services specified herein. The Contractor will also assume responsibility for training or Orienting Contractor personnel to perform the services specified in the contract. In the event the Contracting Officer or his/her Authorized Representative determines that the Contractor does not have a qualified employee performing the specified work, the Contractor will be required to provide qualified personnel, or subcontract the work to a person or persons who are trained and qualified to perform the work. The Contractor acknowledges that the employment of undocumented migrant workers to perform services under this contract will not be permitted.

9. Identification of Contract Employees and Vehicles.

All Contractor employees will be in good appearance while performing services. Employees must wear long pants, shirt with no vulgar or obscene graphics with at least sleeves equivalent of a t-shirt, and durable work type shoes.

Vehicles and any motorized equipment utilized for transportation will be in good operating condition with no display of obscene or vulgar material such as stickers, flags, or etc. Vehicles will be maintained in accordance with federal, state, and local laws.

10. Safety Requirements.

a. General. Performance of all services will assure complete safety to public visitors, Contractor employees, and all other persons in the area. The Contractor will comply with any pertinent requirements contained in the Corps of Engineers Safety Manual (EM 385-1-1), current at the time of award and any subsequent revisions to that document. Furthermore, the Contractor will comply with pertinent occupational safety and health standards for general industry (29 CFR Part 1910) as required by the Occupational Safety and Health Administration (OSHA). If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the TPOC or any other project employee may stop all or part of the work until satisfactory corrective action has been taken.

No part of the time lost due to any such work stoppage will be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

b. The Contractor will comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1, https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf or latest version and as otherwise stated herein. Special attention will be given to the requirements for safety meetings.

The Contractor will inform the TPOC a minimum of 7 calendar days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

c. Accident Prevention Plan (APP). The Contractor will prepare an Accident Prevention Plan to assure that requirements of the safety program are provided as specified. This plan must be accepted by the Contracting Officer prior to commencement of any work. One copy of the Accident Prevention Plan will be provided to the Contracting Officer and the TPOC one week prior to the pre-work conference.

The Accident Prevention Plan must be written in English and articulate the specific work, work process, equipment, and materials to be used, hazards pertaining to the contract work, and the control measures that will be implemented. Follow the mandatory ENG Form 6293 (Accident Prevention Plan Worksheet).

d. Activity Hazard Analysis (AHA). The Contractor will use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of work. It is the Contractor’s responsibility to prepare the AHA. Sample AHA’s may be available at the project office for review and use by the Contractor to assist in the development of site specific Activity Hazard Analyses prior to the Contractor performing the job. The Contractor is encouraged to revise or add to these sample AHA’s as necessary to address changing conditions. Prior to performing jobs with inherent hazards, the Contractor will review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who will perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA “Tool Box” safety meeting for Contractor employees so that the Government may attend such reviews.

The Government will require the Contractor to prepare an AHA for any jobs for which an adequate AHA does not already exist. A copy of this AHA will be submitted to the TPOC and must be accepted before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included, which will be used by the Contractor as a guide for the preparation of required AHA's.

A copy of the approved AHA’s will be available at all times to workers at each associated job site and a copy will be provided to the Government.

e. Public Safety. The Contractor will ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor will immediately report to the TPOC any potential hazards found by his employees on the project. The Accident Prevention Plan will include procedures to be taken to provide for public safety. Additionally, the Contractor will not allow any persons, except employees, into work areas that are not otherwise open to the public; nor will the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work under a contract.

f. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, will be provided to eliminate or minimize hazards to personnel. As a minimum, each employee will wear a short-sleeved shirt, long trousers, and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, and hearing protection will be worn by employees when required by safety manual. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards will also be provided and easily accessible to all employees.

g. Contractor Employees Certified in First Aid & CPR. The Contractor will schedule employees so the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual.

Copies of their certification will be provided in accordance with regulations. Two people per crew will be trained in First Aid and CPR. Individuals working alone will be trained in First Aid.

h. Hazard Communication Program. The Contractor will be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The

Contractor will provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for review by the TPOC prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

11. Required Security Training and Planning.

A. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

B. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location.

Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

C. Suspicious Activity Reporting training (e.g., iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

D. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three 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, and submit it to the Contracting Officer to become part of the official contract file.

SUPPLEMENTAL SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on this contract who require access to any Louisville District Lake Projects and Lock and Dam Projects shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Louisville District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results of the background investigation provided by the Louisville District Security Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Louisville District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL LOUISVILLE DISTRICT CONTRACTS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Louisville District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted access to Louisville District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working,

(2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) US Citizens Security Access Form or Pre-Bid/Site Visit Form; each employee working on site must have a background investigation form submitted directly to the Louisville District Security Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with an initial period of performance (POP) greater than 1 year and those Contracts with Options or Modifications Which Extend the POP beyond 1 year. For instance, if the employee was cleared in May of 2022, they shall be cleared again in May of 2023. It is the Contractor’s responsibility to ensure that each employee’s security is up to date.

Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S. Army Corps of Engineers (USACE), they must process the employee through the Louisville District USACE Security Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). Fingerprints are captured electronically at the closest Army Recruiting Station to the contractor’s home of record or at the USACE, Louisville District Security Office.

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Louisville District Security Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Louisville District Security Office will make recommendations to the PCO or their Designated Representative. The Louisville District Security Office cannot give approval due to unfavorable report(s). The Louisville District Security Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Louisville District Security Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Louisville District Security Office by phone, letter, or email at the following numbers/addresses:

CELRL-SC

220 West Main St

Louisville, KY 40202

Primary Email: DLL-CELRL-Security-SM@usace.army.mil

Alternate (if no response in 72 hours):

James R. Milner, phone (502) 315-6916; James.R.Milner@usace.army.mil

*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 will become part of the official contract file.

Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies.

The contractor will supply the Technical Point of Contact (TPOC) with an Accident Prevention Plan (APP), Scaffolding Plan, Control of Hazardous Energy Plan (LO/TO), and an Activity Hazard Analysis (AHA) prior to site work in accordance with EM 385-1-1.

12. Accident Reporting.

The Contractor is responsible for reporting all accidents to the Project Manager immediately. Prompt action will be taken to ensure immediate and appropriate medical treatment. The Contractor will maintain an accurate record of any accidents in the manner and on the forms prescribed by the Project Manager. For property damage accidents of $2,000 or more, the Contractor will complete and submit to the Project Manager a copy of ENG Form 3394.

The Contractor will maintain an OSHA 300 Log of On –…