W91237-17-T-0016-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The above referenced solicitation is hereby amended as highlighted on the follow ing pages. Exhibit has been removed from the Exhibit attachment.

The deadline for offer submission is extended to March 31, 2017 at 11:00 AM EDT.

1. CONTRACT ID CODE PAGE OF PAGES

1 47

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 27-Mar-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91237-17-T-0016

X 9B. DATED (SEE ITEM 11)

16-Mar-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer 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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram 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 you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter 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 APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Mar-2017

CODE

USACE, CONTRACTING BRANCH

COREY BLACK, 502 8TH STREET

HUNTINGTON WV 25701

W91237 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91237-17-T-0016

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

WALHONDING AREA PROJECTS

SERVICES CONTRACT

TABLE OF CONTENTS

Section C‐1

GENERAL

SECTION C‐1

GENERAL

C‐1.1 PROJECT INFORMATION

C‐1.2 SCOPE OF WORK

C‐1.3 TASK ORDERS

C‐1.4 NEGOTIATION

C‐1.5 C‐1.6

WORKING HOURS

CONTRACTOR SUBMITTALS

C‐1.7 PERMITS AND LICENSES

C‐1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES

C‐1.9 SAFETY AND HEALTH REQUIREMENTS

C‐1.10 SECURITY REQUIREMENTS

C‐1.11 DAMAGE REPORTS

C‐1.12 CONTRACTOR EMPLOYEES’ CONDUCT AND COMPETENCY

C‐1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY

C‐1.14 SUPERVISION

C‐1.15 ENVIRONMENTAL PROGRAM

C‐1.16 CONTRACTOR DISCREPANCY REPORT (CDR)

C‐1.17 MORNING MEETINGS

C‐1.18 QUALITY CONTROL

C‐1.19 QUALITY ASSURANCE

C‐1.20 C‐1.21 C‐1.22

DEFICIENCIES

CONTRACTOR WORK SCHEDULE

EMERGENCY WORK

C‐1.23 INTERRUPTIONS TO SYSTEMS

C‐1.24 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT

C‐1.25 CONTRACTOR FURNISHED ITEMS

C‐1.26 SAFEGUARDING GOVERNMENT PROPERTY

C‐1.27 NOTIFICATION OF WORK TO BE DONE

C‐1.28 MINIMUM MANPOWER REQUIREMENTS

C‐1.29 MINIMUM PERSONNEL QUALIFICATIONS

C‐1.30 C‐1.31

COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS

INCLEMENT WEATHER AND HOLIDAY WORK

C‐1.32 PREWORK CONFERENCE

C‐1.33 C‐1.34

REPORTS

APPLICABLE PUBLICATIONS

C‐1.35 HOURLY RATES

C‐1.36 DEFINITIONS

SECTION C‐2

GRASS MOWING AND MAINTENANCE OF LANDSCAPED AREAS

C‐2.1 SCOPE OF WORK

C‐2.2 GENERAL

C‐2.3 WORK TO BE PERFORMED

C‐2.4 MOWING CYCLE

C‐2.5 C‐2.6 C‐2.7 C‐2.8 C‐2.9 C‐2.10

PRUNING

TREE AND BRUSH CUTTING

ACCESS ROAD CLEARING

PLANTING OR REPLACING PLANTS

PREVENTION OF LANDSCAPE DEFACEMENT

RESTORATION OF LANDSCAPE DAMAGE

C‐2.11 ITEMS TO BE FURNISHED BY THE GOVERNMENT

C‐2.12 SUPPLIES TO BE FURNISHED BY THE CONTRACTOR

C‐2.13 SERVICE EQUIPMENT

C‐2.14 SPECIAL PROVISIONS

C‐2.15 SERVICE AREAS

SECTION C‐3

CLEANING SERVICES – RECREATION AREAS

SECTION C‐3

C‐3.1 GENERAL

C‐3.2 WORK TO BE PERFORMED

C‐3.3 SERVICE EQUIPMENT

C‐3.4 SPECIAL PROVISIONS

C‐3.5 SUPPLIES TO BE FURNISHED BY THE GOVERNMENT

C‐3.6 C‐3.7

SUPPLIES TO BE FURNISHED BY THE CONTRACTOR

SERVICE AREAS

SECTION C‐4

JANITORIAL AND POLICING SERVICES

SECTION C‐4

C‐4.1 GENERAL

C‐4.2 SERVICE AREAS

C‐4.3 C‐4.4

WORK TO BE PERFORMED

DEFICIENCIES

C‐4.5 SUPPLIES TO BE FURNISHED BY CONTRACTOR

C‐4.6 SPECIAL PROVISIONS

C‐4.7 SERVICE EQUIPMENT

C‐4.8 CHANGES IN SPECIFICATIONS & PRICE BREAKOUT ITEMS

SECTION C‐5

FACILITY REPAIR, MAINTENANCE, AND OTHER NON‐ROUTINE WORK

SECTION C‐5

C‐5.1 GENERAL

C‐5.2 NON‐ROUTINE WORK

C‐5.3 WORK TO BE PERFORMED

C‐5.4 SCHEDULE OF WORK

C‐5.5 LOCATION OF THE WORK

C‐5.6 EQUIPMENT LIST

C‐5.7 EQUIPMENT AND SUPPLIES

C‐5.8 SPECIAL PROVISIONS

SECTION C‐1

General

C‐1.1 BACKGROUND. This contract is designed to provide for selected operational and maintenance services at certain Corps of Engineer projects. Work under this particular contract may be ordered for the following projects:

a. Mohawk Dam. This dam is located on the Walhonding River, a tributary of the Muskingum River, in

Coshocton County near Warsaw, Ohio. The project purposes served are flood control and recreation.

Approximate annual visitation to Corps operated areas is 80,000.

b. North Branch of Kokosing Lake. This dam is located in Knox County on the North Branch of Kokosing River,

2.2 miles northwest of Fredericktown, Ohio. The project purposes served are flood control, recreation and fish and wildlife enhancement. Approximate annual visitation to the Corps operated areas is 60,000.

c. Charles Mill Lake. The dam is located on Black Fork of the Mohican River, near Mifflin, Ohio in Ashland

County. The contract includes two dikes located on Mifflin TWP Road 1265 northwest of the dam in Ashland County. Also included in the contract is Pavonia Levee located on Cotter Road in Richland County, Ohio. Project purposes served are flood control, recreation, and fish and wildlife enhancement.

d. Mohicanville Dam. The dam is located on Lake Fork of the Mohican River, near Mohicanville, Ohio in

Ashland County. Also included in the contract are two dikes located in Wayne County, Ohio. The project provides flood control.

e. Pleasant Hill Lake. The dam is located on Clear Fork of the Mohican River Perrysville, Ohio in Ashland

County. Project purposes served are flood control, recreation, and fish and wildlife enhancement.

C‐1.2. SCOPE OF WORK. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing, cleaning, janitorial, and other services at Mohawk Dam, Mohicanville Dam, North Branch of the Kokosing River Lake, Charles Mill Dam and Pleasant Hill Dam projects, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. Award of a contract does not guarantee that the Government will order all of the types of services listed under the contract from the Contractor. The Government reserves the right to perform any portion of the services listed.

The quantities listed in the price breakout schedule are approximate and are provided as information only to assist in preparation of quotes. They are not guaranteed and the actual quantities may be more or less than shown.

Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment.

Contractor shall perform all related Contractor administrative services necessary to perform the work such as procurement, quality control, Contractor financial control, and maintenance of accurate and complete records and files.

It is emphasized that the work described in this contract is a critical part of the Corps mission. The work described shall be performed in public recreation areas. The Corps is committed to "Customer Care" and providing quality professional service.

Work included in this contract generally involves work associated with operation and maintenance of areas at the specified Government projects such as grass mowing, cleaning and selected maintenance services in public use areas at the projects listed herein. However, in special instances the contractor may be issued a task order under this contract for other Huntington District projects within the State of Ohio and within 50 linear miles. Examples of these special instances may include but are not limited to damaging storms, wildfires, floods, or other time‐ sensitive maintenance needs. Task orders issued in these circumstances will be negotiated on an individual basis using contract line items from the price breakout schedule.

Because much of the work described shall be performed in areas accessible to the public, failure of a Contractor to perform all required work in a timely manner, or perform poor quality work can risk public health and safety and cannot be tolerated. The following are examples of historically demonstrated risks resulting from such failures:

a. Falls, snakebites and reduced use and enjoyment of recreation facilities from lack of mowing.

b. Falls, cuts, infections, insect stings and accumulated trash from public use areas not being cleaned and inspected.

c. Increased administrative and labor costs required for Government correction and performance of contracted work.

The Contractor's work and responsibility includes, but is not limited to, all planning, programming, administration and management necessary to assure that all operations and maintenance services ordered at the projects are performed in strict accordance with this contract and all applicable laws, regulations, codes, or directives.

Contractor administrative costs shall be included in the fixed price rates for line items on the price breakout schedule. Specifically included in the Contractor's area of responsibility are:

1. Establishing and executing a Contractor Safety Program to ensure that all work is performed in strict accordance with all health, safety and environmental laws, regulations, codes and directives, to protect the general public as well as Contractor and Government employees.

2. Furnishing all necessary materials, supplies, tools, equipment, fuel and vehicles, except as otherwise provided herein, required to perform the task ordered.

3. Performing all Contractor related administrative services necessary to perform the work such as procurement, inventory control, quality control, Contractor financial control, and the maintenance of accurate and complete records and files.

4. Establishing and executing a Quality Control Program to ensure that all work is in strict accordance with, and meets or exceeds, critical reliability rates or tolerances specified or included in all terms, conditions, general, specific and technical provisions, drawings, attachments, exhibits, etc., contained herein or incorporated by reference.

C‐1.3. TASK ORDERS. All work under this contract will be ordered by issuance of individual Task Orders (DD Form 1155, see Exhibit Q). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer (KO), except as specified in C‐1.22, Emergency Work. The KO has four basic ways to order work using this contract: Fixed Price Task Orders, Negotiated Task Orders, Estimated Task Orders, and Emergency Task Orders. Only the KO, by issuance of a modification, may make any change to a Task Order. The type of Task Order used will be at the discretion of the KO. The Task Order will list those items from the price breakout schedule that are to be performed or used to perform the work, except for negotiated Task Orders.

C‐1.4. NEGOTIATION. Task Orders that are to be performed on an hourly basis (e.g., using items from C‐5 of the price breakout schedule) will be agreed upon by negotiation between the Contractor and the KO. This procedure can be initiated by Government by the issuance of a Request for Proposal (RFP) letter. Unless otherwise specified in writing by the KO, the Contractor shall return the completed proposal within 2 business days of receipt of the request. If the Contractor's quote is reasonable, the KO will issue a Task Order. If the Contractor's quote is considered unreasonable, the Contractor and KO will attempt to reach a fair and reasonable price through negotiation. If subsequent negotiations fail to resolve the matter, the Government reserves the right to obtain the services in question by whatever means deemed to be in the best interest of the Government, including use of its own work force.

The purpose of negotiation is to establish a fair and reasonable price for the job under consideration. The Government and Contractor will negotiate toward the most efficient method of work and the number of hours required. The most efficient method is that method of work which accomplishes the job safely and at the lowest price. Once negotiated the Contractor must perform the job using the method of work and line items agreed upon during negotiations. Task Orders for work under this Section may be written as One Job for Sum under Line Items identified in Section C‐5.

C‐1.5. WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:30 a.m. to 4:00 p.m. Eastern Daylight Time (EDT) or as specified on the Task Order. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Contracting Officer Representative (COR). Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The ten 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) 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 shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the COR.

Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the COR. Additional personnel may be required to handle the additional work load during holiday periods because of heavy visitation. The COR will notify the Contractor of actual work requirements.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the COR when severe conditions make it impractical or dangerous to perform the work. The KO will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.

C‐1.6. CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR prior to the pre‐work conference for this contract:

a. Quality Control Plan. A suggested outline for the Contractor’s Quality Control Plan is in Exhibit K.

b. Contractor Quality Control Inspector. List of Quality Control Inspectors.

c. Contractor Representatives. List of names of Contractor Representatives.

d. Accident Prevention Plan. A suggested outline for the Contractor’s Accident Prevention Plan is in Exhibit V. See Section C‐1.9 for APP requirements.

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

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

g. Certificate of Insurance. See Special Contract Requirements below.

h. Security Requirements. See Section C‐1.10.

C‐1.7. PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform the contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

C‐1.8. IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (work shirt & work pants) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 calendar days after notice of award of the contract. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR. Stained or faded uniforms shall not be worn. Uniform shirts shall be buttoned and neatly tucked into pants at all times employees are on duty. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the COR. All vehicles used in performance of work must be marked.

Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C‐1.9. SAFETY AND HEALTH REQUIREMENTS.

a. General. Contractor shall comply with all Federal, State and Local safety requirements including those specified by the Occupational Safety and Health Act (OSHA) in 29 CRF 1910 General Industry Standard, 1926 Construction Standard and the U.S. Army Corps of Engineers Safety & Health Requirements Manual EM 385‐1‐1 as currently revised. Where a conflict exists between safety standards/requirements the contractor shall comply with the more stringent requirement. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, any 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 shall 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.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385‐1‐1 http://www.usace.army.mil/Safety‐and‐Occupational‐Health/Safety‐and‐Health‐Requirements‐ Manual/ as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the COR a minimum of 7 business days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

b. Contractor Accident Prevention Plan (APP). The Contractor shall prepare a site‐specific Accident Prevention Plan following the outline provided in EM 385‐1‐1, Appendix A as a minimum. The contractor shall address each element and sub‐element in the outline in the order they appear in Appendix A. Any item from the outline that does not apply must be listed, in its assigned place and a brief explanation of the reason it is not required/provided. The APP shall address any unusual or unique aspects of the project or activity. This plan must be accepted by the Contracting Officer prior to commencement of any work. Contractors are encouraged to contact the USACE Safety & Occupational Health Office for questions or information regarding the development of contract Accident Prevention Plans. Office hours are Monday‐Friday 8:30 a.m. ‐ 4 p.m. at (304)399‐ 5039/5032/5326. The web address for EM 385‐1‐1 is: http://www.usace.army.mil/Safety‐and‐Occupational‐ Health/Safety‐and‐Health‐Requirements‐Manual/

Note: The contractor shall employ a Site Safety and Health Officer (SSHO) who has completed OSHA 30 hour Construction or General Industry Safety training or its equivalent and has five (5) years experience relative to the work to be performed. SSHO credentials shall be submitted for review and acceptance with the APP. SSHO shall complete a minimum of eight (8) hours of safety training annually.

(1) For Negotiated task orders where the Risk Assessment Code (RAC) of the AHA is high or extremely high risk, the SSHO shall be on‐site and have no other duties. Following is a list of jobs normally considered high or extremely high risk (This list is not necessarily all inclusive, each task must be evaluated to determine risk):

Repair buoys

Attach anchors & cables

Drift/Debris cleanup

Work with exposure to hazardous, toxic or radiological waste

Topping trees

Removing/anchoring fallen trees

Remove beaver dams

Bridge decking

Fire Fighting

(2) For limited service contracts, such as park attendant, cleaning, janitorial, routine mowing, general grounds‐keeping and low risk negotiated task orders, SSHO responsibilities may be a collateral duty. The Collateral duty SSHO shall have an OSHA approved 30 hour safety course. Following is a list of jobs normally considered low to moderate risk:

Removing or replacing bulletin boards, signs, barricades, gates, bumpers, curbs, fences & posts

Planting seeds, installing grills, lantern posts, fire rings, & other campground equipment

Repairs to fences, play equipment, game courts, picnic units & shelters.

Boundary marking

Cleaning culverts

Spreading gravel or anchoring picnic tables

Minor landscaping

Routine building maintenance (painting, plumbing, caulking, patching, finishing, sheet rock, floor tile, carpet, etc.

(3) For very low risk jobs and jobs requiring only one person, such as, field walk‐over, surface soil sampling or long term water sampling, the SSHO may be collateral duty.

(4) Work crews of two or more must have two people holding current certification in First Aid and CPR from the American Red Cross, American Heart Association or a licensed physician. Training must include a hands‐ on component that cannot be taken online and the contractor must maintain appropriate First Aid kit on site.

Single individuals working alone must have current certification in First Aid as a minimum.

(5) All work that potentially exposes the worker to falls of six feet or more will require the contractor to submit a Site Specific Fall Protection & Prevention Plan in accordance with EM 385‐1‐1, Section 21.D.

(6) Cranes and hoisting equipment shall be operated only by qualified personnel (operators licensing, physical and drug testing in accordance with EM 385‐1‐1 Section 16.B). Note: CDL Medical Clearance is not acceptable. Please see attached medical clearance requirements.

(7) Effective November 8, 2010 all “Signalpersons” and “Riggers” shall be qualified. This is a mandatory requirement in accordance with 29 CFR 1926.1400 Regulations. Riggers must be a qualified person for the performance of specified hoisting activities such as during assembly/disassembly, in accordance with OSHA 1926.1404(r)(1) and 1926.1425(c)(3).

(8) Task orders involving potential exposure to Hazardous, Toxic or Radiological Waste shall require development of Site Specific Safety and Health Plan (SSHP) by qualified personnel as specified in EM 385‐1‐1 Sections 6 and 33.

c. Risk Management Process. The Contractor shall utilize risk management tools such as Activity Hazard

Analysis (AHA), Job Hazard Analyses (JHAs), Job Safety Analyses (JSAs) or similar tools to identify, assess, prioritize risks and develop controls to minimize, monitor and control the probability and/or impact of unfortunate events to an acceptable level. Within each major phase, all activities, tasks or Definable Features of Work (DFOWs) shall be identified that will require an AHA/JSA/JHA. For each work activity, task or DFOW contractor shall prepare the initial AHA/JSA. A Risk Assessment Code (RAC) is assigned to each step, to the risk that remains after controls have been applied (residual risk) a final RAC (cannot be lower than the highest step RAC) shall be assigned. See EM 385‐ 1‐1 Section 01.A.14.b. for further guidance or contact the SOHO for assistance. The AHA/JSA/JHA shall be reviewed and accepted by the proper authority in order to proceed with the activity. All on‐site employees shall review the accepted AHA/JSA/JHA prior to performing work and during weekly and “Tool Box” safety meetings as appropriate.

1. AHA/JSA/JHA shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. AHA/JSA should indicate compliance with EM 385‐ 1‐1 personal protective equipment requirements (safety‐toed work boots, safety glasses, gloves, hard hats, etc.), work crews of two or more must have two people currently qualified in first aid and CPR and the appropriate first aid kit on site. Single individuals working alone must have current certification in First Aid only.

2. The names of the Competent Person(s) and Qualified Person(s) required for a particular activity (e.g., excavation, scaffolding, fall protection, or other activities as specified by OSHA and this manual) shall be identified and included in the AHA/JSA/JHA, as well as proof of their competency/qualification.

d. Accident/Mishap Reporting: The Contractor shall report all recordable mishaps to the GDA within 24‐ hours in accordance with EM 385‐1‐1 Section 01.D. Accidents shall be investigated to determine causal factors and corrective actions shall be implemented. Accidents resulting in: days away injuries, days away illnesses, restricted/transfer injuries, property damage of $5,000.00 or more shall be investigated and reported to the GDA using the USACE Accident Investigation Report Form ENG 3394 within 24 hours of the occurrence.

(1) Immediate notification to the GDA is required for all serious accidents:

a. Fatal Injury/illness;

b. Permanent totally disabling injury/illness;

c. Permanent partial disabling injury/illness;

d. One (1) or more persons hospitalized as inpatients as a result of a single occurrence;

e. $500,000 or greater accidental property damage;

f. Three (3) or more individuals become ill or have a medical condition suspected to be related to a site condition, or a hazardous or toxic agent on the site;

g. USACE aircraft destroyed or missing;

The Contractor shall maintain an OSHA Log of Work Related Injuries and Illnesses, OSHA Form 300 and comply with all accident reporting and recordkeeping requirements specified in 29 CFR 1904.39.

(2) In addition to the above, any mishap occurring in any of the following high hazard areas shall be reported immediately to the GDA, investigated and corrective actions implemented.

a. Electrical (includes Arc Flash, electrical shock, etc.);

b. Uncontrolled Release of Hazardous Energy (includes electrical and non‐electrical);

c. Load Handling Equipment (LHE) or Rigging;

d. Fall‐from‐Height (any level or other than same surface);

e. Underwater Diving.

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

(1) Contractor employees working along highways and roads, or close to vehicular traffic, heavy equipment or equipment loading operations shall wear High Visibility Apparel meeting as a minimum, ANSI/ISEA 107‐2004 Performance Class 2 requirements.

f. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short‐sleeved shirt (as detailed in C‐1.8), long trousers, and safety toed footwear in accordance with ASTM‐F2412/F2413 during all contract work. Face shields, safety glasses with side‐shields meeting ANSI Z87.1, or goggles, and hearing protection shall be worn by employees when required by safety manual. Contractor personnel involved in handling or application of pesticides or herbicides shall be licensed in accordance with State and local requirements and shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees and maintained in accordance with EM 385‐1‐1.

C‐1.10. Security Requirements. All Contractors and subcontractor employee(s) working on this contract who require access in and/or around any Huntington District facilities (i.e. flood control dams, locks and dams, etc.)

shall receive authorization to be on our 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 Huntington District Security Management Office will submit contractor(s) information in order to complete the background investigation and make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Contracting Officer has the right to deny any contractor or subcontractor employee from working on the contract based upon the results provided by the Huntington District Security Management Office of the background investigation. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Huntington District Security Management Office has completed a review of such items and determined they can be released. Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Huntington District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted unescorted access in or around all 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 and (4) Task Order Number when applicable.

The documents listed below are required:

SF 85, Questionnaire for Non‐Sensitive Positions (see http://www.opm.gov/forms/ to print form). FD 258, Contractor Fingerprint Card (one card for digital prints, two for ink prints) (NOTE: a trained/qualified individual must take prints, ORI block on the FD 258 must be USOPM000Z) (Contractor Fingerprint Cards (FD‐258) may be obtained by Contracting Division by contacting the Huntington District Security Management 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 Security Management Office will conduct an initial criminal check based upon the information provided. If there are no issues, Security Management Office will make recommendations to the Contracting Officer or their Designated Representative. The Security Management Office cannot give approval due to unfavorable report(s). The Security Management Office will coordinate with Office of Counsel and will jointly make recommendations to the Contracint Officer and/or the Designated Representative.

The Contracting Officer 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 Contracting Officer will advise Contractor of the decision.

a. 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 accomplish. 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, Contractor is encouraged to work closely with the Huntington District Security Management 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 Security Management Office by phone, letter, or email at the following numbers/addresses:

CELRH‐SM

502 Eighth Street Huntington, WV 25701

Sandra L. Hardwick, phone (304) 399‐5612; email sandra.l.hardwick@usace.army.mil

Matthew D. Green, phone (304) 399‐5294; email matthew.d.green@usace.army.mil

c. AT/OPSEC Requirements. The following shall be accomplished by the contractor before any work will be ordered:

1. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within thirty (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within five (5) calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at/; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

2. Access and General Protection/Security Policy and Procedures. All Contractor and all associated sub‐contractors employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

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

4. For Contracts that Require OPSEC Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training.

OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations‐security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

5. For contractors who do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub‐contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC‐III) and Terrorist Screening Database (TSDB) (Army Directive 2014‐05 / AR 190‐13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

C‐1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the COR. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the COR, within 2 work days (less weekends and holidays) of occurrence. For property damage accidents of $25,000 or more the Contractor will complete and submit to the COR a copy of ENG 3394.

C‐1.12. CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All Contractor employees shall conduct themselves in a proper manner at all times. Since the majority of work shall be performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Use of controlled substances or consumption of beer or alcoholic beverages while performing contract duties is strictly prohibited.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the COR to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the COR may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

C‐1.13. DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above.

C‐1.14. SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the work, or be readily available by phone or other means of communication to respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on‐site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor's Quality Control Program. QCI’s shall be responsible for implementing the Contractor’s Accident Prevention Plan. All QCI'S shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re‐performance when necessary. A QCI shall be appointed for each work crew. For work performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site.

The COR and Government Inspectors will deal directly with the QCI’s or Contractor Representatives, for normal day‐to‐day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the COR before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's work responsibilities, and shall review them to insure employees comprehension of a job prior to initiating work.

C‐1.15. ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State and local officials without advance notice.

Access for inspection shall be granted upon request. Citations against Government facilities operated by the Contractor for non‐compliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government. If the citations are issued due to faulty operation or maintenance practices of the Contractor, the KO will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup in accordance with Federal, State and Local Law. Such spills shall be reported to the COR immediately.

C‐1.16. CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services (see Exhibit J). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written, legible response on the CDR form within 1 business day of issuance. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The COR and KO will evaluate the Contractor's response and take appropriate action, which may include making necessary deductions. Upon finalization of the CDR, the Contractor and the COR must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C‐1.17. MORNING MEETINGS. The Contractor or his authorized representative shall report, in person, or via telephone, between 07:30 a.m. and 08:30 a.m. EDT each workday (Monday‐Friday) to the COR at the office to discuss contract work items. Specific topics of discussion at the morning meetings may include issuing task orders, requests for estimates, negotiation, inspections, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The COR may reduce this schedule, or change the reporting time and place if mutually agreeable between the COR and the Contractor.

C‐1.18. QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract specifications.

b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.

d. A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.

e. A method of coordinating each work crew’s activities with the COR and/or inspector.

A sample program is described in Exhibit K.