B.08.03 W9123722Q0088-0001.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

Changed Section C-2.4 Mow ing Cycle from three (3) mow ing days to f ive (5) mow ing days as highlighted in the Performance Work

Statement.

1. CONTRACT ID CODE PAGE OF PAGES

1 46

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

16C. DATE SIGNED

BY 30-Aug-2022

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 W9123722Q0088

X 9B. DATED (SEE ITEM 11)

12-Aug-2022

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 is extended, X 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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or 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

30-Aug-2022

CODE

USACE, CONTRACTING DIVISION

JENNIFER DENNISON, 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:

W9123722Q0088088

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

ATWOOD LAKE/ DOVER DAM/ LEESVILLE LAKE

MAINTENANCE SERVICES CONTRACT

DESCRIPTION/SPECIFICATIONS

SECTION C-1

General

C-1.1. PROJECT INFORMATION.

Atwood Lake is located on Indian Fork of Conotton Creek, near New Cumberland, Ohio in

Tuscarawas County. For the purposes of this contract, the project also includes the Upper

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

Dover Dam is located on the Tuscarawas River near Dover, Ohio in Tuscarawas County. For the purposes of this contract, the project also includes the Massillon local protection project

(LPP) in Stark County, the Zoar LPP and Somerdale LPP in Tuscarawas County, and the

Muskingum Area Office. The project provides flood control.

Leesville Lake is located on McGuire Creek of Conotton Creek, near Leesville, Ohio in

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

C-1.2. PERFORMANCE WORK STATEMENT. 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 the Atwood Lake, Dover Dam and Leesville Lake project recreation areas, 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, to have the services performed in any other way it deems necessary, to increase or decrease service frequencies and/or quantities in any or all areas or services in the closed areas. In the event of a flood, unanticipated low or high visitation, any other occurrence that changes the need for services under this contract, or failure of the

Contractor to perform scheduled work, the Government will issue a modification of the Task

Order to stop work or to change the Work Schedule Calendars. The price will be proportionally reduced for services not performed or increased for added services.

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's work and responsibility shall include, but shall not be limited to, all planning, programming, administration and management necessary to assure that all services provided are conducted in accordance with the contract and all applicable laws, regulations, codes, or directives. Contractor shall perform all related Contractor administrative services necessary to perform the work such as supply, 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 an important part of the Corps mission. Much of the work described will 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. However, in special instances the contractor may be issued at ask 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.

C-1.3. TASK ORDERS. All work under this contract will be ordered by issuance of individual

Task Orders (DD Form 1449, see Exhibit L). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer (KO). The KO has four basic ways to order work using this contract: Fixed Price Task Orders, Negotiated 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. Negotiated Task Orders (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 is typically initiated by the Government, unless otherwise specified in the Request for Quote, the

Contractor shall return the completed quote within 48 hours 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 an agreement cannot be reached, the KO may elect to not issue a task order for the work. The Government reserves the right to obtain services 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. For negotiations, Atwood Lake Project Office is the starting and stopping point for work crews. 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.

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. EST/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's Representative (COR). Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The eleven 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 (June 19th)

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 workload during holiday periods because of heavy visitation. The COR will notify the Contractor of actual work requirements.

c. Emergency Working Hours. Emergency working hours shall be 24 hours per day, 7 calendar days per week.

d. 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 one week 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 G.

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

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

d. Accident Prevention Plan (APP). The Basic Outline for the Contractor's Accident

Prevention Plan is in Exhibit D. See Section C-1.9.b 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 Section H.

h. Security Requirements. See Section H.

C-1.7. PERMITS AND LICENSES.

a. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements and work of this 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

I

(shirt-pants/shirt-skirt) 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 µniforms 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 in the Contractor's compound, or 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 REQUIREMENTS See section H7 for Security Requirements.

C- 1.10. SECURITY REQUIREMENT See section H2 for Safety Requrirements.

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 two (2) business days (less weekends and holidays) of occurrence. For property damage accidents of $5,000 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 contract employees shall conduct themselves in a proper manner at all times. Since the majority of work is 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 Ill, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract.

Being under the influence of or consuming alcoholic beverages or controlled substances by the

Contractor or employees while on duty is prohibited.

The Contractor expressly agrees to dismiss any employee or subcontractor employee from work at the projects covered by this contract 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 conditions 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 and that dismissed employee will not be used to perform duties or services under this contract.

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 during normal work hours (7:30 am to 4:00 pm

EST/EDT, Monday through Friday). The Contractor and/or their 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 (QCls) who shall perform the Contractor's Quality Control Program. QCls shall be responsible for implementing the Contractor's Quality Control Plan. All QCls 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 QCIs Contractor

Representative, 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 Representative(s) or QC l(s) shall be submitted in writing to the COR before work is performed.

The Contractor shall maintain and review 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 employee’s 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 all costs associated with cleanup. Cleanup shall be performed in accordance with Federal, State, Local Law and to the satisfaction of the COR. 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 N). 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 response on the CDR form within 24 hours 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. 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, by 9:00 a.m. EST/EDT each workday (Monday-Friday) to the COR at the Leesville Lake project 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 method, time or place if mutually agreeable between the COR and the Contractor.

C-1.18. QUALITY CONTROL. The Contractor shall establish 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. This program must be approved by the Contracting Officer prior to commencement of any work.

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 the 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 I. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the COR prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and the COR.

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

C-1.19. QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to insure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The QASP is included as Exhibit H. The Government will prepare written inspection reports each day and the Contractor will be informed of the

Government's assessment of performance. If a deficiency is noted on an inspection report it must be correct by the completion date, or a CDR will be issued. If all ordered work is not completed by the date specified on the task order, the Contractor will not be allowed to continue work, a

CDR will be issued, and the Government will implement corrective measures as described in

Section C-1.16 (CONTRACT DISCREPANCY REPORT).

The Government will keep a record of all complaints received by the public concerning

Contractor performance. Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish the Contractor a copy of the findings. Should the

Government verification reveal a non-performance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the

Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the

Contractor is required to respond to a CDR (See Section C-1.16). Deficiencies for mowing operations are described in detail in the Quality Assurance Surveillance Plan.

C-1.21 CONTRACTOR WORK SCHEDULE. At least one week prior to the pre-work conference, the Contractor shall provide to the COR a daily schedule for the services listed under

Section C-3 and C-4, with the completion time for each work item. The Contractor's Representative or Quality Control Inspector shall remain at the worksite until the scheduled completion time to permit a Government Inspector to check the work. Any change in the schedule shall be submitted to the COR at least two weeks in advance of the change, unless otherwise approved by the COR. The work schedule submitted must be of sufficient detail to allow the Corps to inspect all work as it is performed. A sample Contractor work schedule is shown in Exhibit I.

C-1.22 EMERGENCY WORK. Emergency work is any work required to correct problems with project facilities, and /or property which constitutes an immediate danger or health hazard to persons or a threat to property. Emergency situations may require Contractor employees, when notified by the KO, to assist with work at other Huntington District projects. Upon issuance of an emergency task order, the Contractor needs to have qualified personnel available on call, 24 hours per day, 7 calendar days per week for emergency work. The name(s), address(s), and phone number(s) of the person(s) to be contacted in case of an emergency shall be submit to the COR at least one week prior to the pre-work conference. This person(s) shall have the authority to act on behalf of the Contractor to perform the necessary emergency work without delay. Emergency work will be initiated by notice (phone call or other means) from the KO. The Contractor shall initiate work within 2 hours of notice. Contractor's work shall begin upon arrival at the worksite; time shall end upon departure from worksite. The Contractor shall notify the COR immediately of any emergency work that cannot be corrected within a 24 hour period. When emergency situations are recognized by the Contractor or the Contractor personnel, the COR shall be contracted immediately and prior to initiating emergency work, unless the nature of the emergency requires immediate action to preserve life or prevent temporarily correct the situation, and shall advise the COR of the problem as soon as possible, but no later than 24 hours after the situation is recognized.

C-1.23 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the COR. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.24 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT Not Applicable.

C-1.25. CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies, or materials necessary lo accomplish all required services. Equipment rental prices shall include an operator, fuel, and transportation lo and from the worksite. When the Task Order specifies the use of general wage classification employees such as laborer or general maintenance worker, the Contractor shall furnish the qualified employee in uniform and equipped with all necessary safety equipment, tools and equipment as specified in the equipment list at the end of each section, and those tools and equipment common to the trade which are necessary to perform the work described in the contract. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of

Defense, Department of the Army, State and local laws or regulations. A partial list of equipment which shall be needed by the Contractor is included in each section.

b. Equipment. At the end of each section, an "Equipment List" is provided for Contractor reference. The equipment listed is not mandatory, nor necessarily complete. The Government requires, however, that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. Adequacy of the equipment (e.g., mowing equipment and vehicles) to perform certain repetitive work will be determined prior to award of the contract. Also, all equipment used by the Contractor must! meet safety requirements outlined in EM 385-1-1.

c. Service Vehicle.

1. It is the Contractor's responsibility to provide service or work vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies that could reasonably be transported in a standard size 1/2 ton truck with a 4' x 8' bed to and from job sites on the project. The Government will not pay rental for a vehicle to transport Contractor furnished equipment, tools, materials, and supplies to and from the job site as part of a negotiated Task Order.

2. Safety Equipment. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, reflective tape on the rear bumper.

3. All vehicle(s) and Equipment used in the performance of work under this contract must be inspected and approved by the COR prior to performance of work. A sample of the Contractor Equipment and Supply

Inspection form, CEORH Form 2800, is in Exhibit 0.

d. Contractor Equipment and Supply Inspection. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies proposed for use under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) business days after notice from the COR. Only equipment and supplies inspected and approved shall be used for work under this contract, even after award of the contract. If the apparent Contractor proposes to and/or is purchasing or leasing equipment or supplies, evidence of such along with the specifications shall be forwarded to the Contracting Officer. Failure of the apparent Contractor to comply with the foregoing will make the Contractor non responsive. A sample of the Contractor Equipment and Supply Inspection Form, CELRH Form 2800, is in Exhibit 0. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the

COR prior to use.

C-1.26. SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with

Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the COR. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the COR for return to the owner, if ownership can be established. The Contractor shall inform the COR of any information he or his employees receive about lost and/or found articles from the public.

C-1.27. NOTIFICATION OF WORK TO BE DONE. The Contractor will be notified of work to be performed by issuance of Task Orders. Under normal conditions, Task Orders will be issued that requires response within 24 hours after receipt. All Task Orders shall be completed by the Delivery

Date shown in block 10 of the Task Order Form (see Exhibit L). When the Contractor is notified of emergency work situations required under these specifications, the Contractor should respond within two hours after receipt of such notification.

C-1.28. MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein.

C-1.29. MINIMUM PERSONNEL QUALIFICATIONS.

a. General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge, as evidenced by license, certificate, or diploma, etc., to provide a comprehensive understanding of the work under this contract. Only properly trained and qualified employees shall be used in the performance of any work under this contract. Only qualified and/or licensed persons will be permitted to maintain or service electrical, water or sewage treatment systems; or operate equipment. Only drivers with valid state driver's license will be permitted to operate Contractor vehicles. Commercial Driver's License (CDL) will be required to operate certain large trucks, to pull trailers as required by the Commercial Vehicle Safety Act of

1986. The Contractor shall provide and maintain a complete listing in the Quality

Control Plan of the individual employees that have a current CDL. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to such Government or other regulations that are applicable during the time spent on Government property. If the COR decides the

Contractor employee performing the specified work is unqualified, the Contractor shall immediately provide qualified personnel or subcontract work to a specialist familiar with the work to be done. Subcontractors are the responsibility of the

Contractor and are subject to the same requirements as Contractor employees. The

Contractor shall post the effective wage rates used for subject contract in an employee-accessible area.

b. Training. Task Orders will be issued to provide training as deemed necessary by the

Government. Contractor shall be paid the Grounds Maintenance Laborer rate for the hours required to attend the training.

C-1.30. COOPERATION WITH OTHER CONTRACTORS LESSEES AND VOLUNTEERS.

The Government may undertake or award other contracts, or have lessees or volunteers performing certain work (, including work that could otherwise be performed utilizing Task Orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and

Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee.

The COR can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the Government shall not be the basis for a claim by the Contractor.

C-1.31. INCLEMENT WEATHER AND HOLIDAY WORK. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions can be approved by the COR when severe conditions make it impracticable or dangerous to perform the work. The Contractor will be notified, by modification to the Task Order, of any COR determination to extend the performance period due to inclement weather. Work may be requested on holidays (Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, and Thanksgiving Day) during heavy visitation period (April through November). Also, additional personnel may be required to adequately take care of the additional work load during periods of heavy visitation.

C-1.32.PRE-WORK CONFERENCE. The Contractor and his authorized representative(s) shall attend a pre-work conference prior to the initiation of work under this contract. One week prior to this meeting, the Contractor shall provide to the COR and Contracting Officer all items listed in Exhibit A

The Government will discuss the Contractor's responsibilities under this contract, identify project instrumentation, discuss the preparation of all reports, and answer the Contractor's questions.

C-i .33. REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows:

Schedule of Work

Supplies Furnished and Used

Contractor Portion of Any CDR

Job Request Form (ORH Form 2770 Test)

Daily EMCS Checklist and Equipment Inspection/Maintenance

Worksheet (ENG Form 5007-R)

Vehicle Operational Record Form (CEORH Form 2813 Test)

Activity Hazard Analysis (AHA)

Man-Hours Report (4th business day of each month)

C-1.34. APPLICABLE PUBLICATIONS. The Contractor shall perform technical work in accordance with applicable publications. They include but are not limited to:

MANUFACTURER'S RECOMMENDATIONS:

Operating

Manuals Repair

Manuals

Maintenance

Manuals

INDUSTRIAL STANDARDS AND CODES (Latest Editions):

Underwriter's Laboratories, Inc.

National Electrical Code

National Warm Air & Air Conditioning

Association National Association of Fan

Manufacturers National Fire Protection

Association

American Society of Heating, Air Conditioning & Refrigeration Institute

Sheet Metal Manufacturers

Air Moving and Conditioning

Association American Welding Society

American National Standards Institute

American Concrete Institute

Portland Concrete Association

Asphalt Institute

American Institute of Steel Construction

National Association of Architectural Metal Manufacturers

Architectural Aluminum Manufacturers Association

The Aluminum Association

American Society for Testing and

Materials Flat Glass Marketing

Association

American Association of Nurserymen, Inc.

OSHA Safety Standards

C-1.35.HOURLY RATES - PRICE BREAKOUT SCHEDULE.

a. General. Section B of the contract requires the prospective Contractor to prepare a price breakout schedule for various items required to perform work under this contract. Included are items which are listed using an hour (HR.) as the unit. Those

Contract Line Items with an hour (HR) for the unit may be ordered in increments of thirty (30) minutes. Orders for increments of thirty minutes will be shown as "0.5'' on estimates and Task Orders in the Quantity column, e.g. 0.5 HR or 12.5 HR.

b. Equipment Rental Line Items. Equipment rental unit prices identified in the price breakout schedule shall include an operator, fuel, and transportation to and from the job site in the unit price.

c. Hourly Labor Line Items. Hourly labor classification unit pricing shall include the employees' wages and benefits, required safety equipment, small tools and equipment common to that trade, and those tools and equipment necessary to perform the work described in the contract.

C-1.36. DEFINITIONS. As used throughout this description/specifications, the following terms shall have the meaning set forth below:

a. Ashes. The residue from burned wood, coal, coke or other combustible material.

b. Prospective Contractor. Contractor who is submitting his offer, or proposed costs, for performance of work described in the technical provisions.

c. Clean. Free of dirt, impurities, or extraneous matter. The act of removing all dirt, impurities or extraneous matter, without damage, injury or impairment to that which is being cleaned.

d. Completion Date. The date shown in block 10 of the Task Order (SF1449). All work described in the Task Order must be completed by the completion date.

e. Contractor. The term Contractor refers to the prime Contractor, subcontractors, and all Contractor employees and personnel. The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

f. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform the Contractor's Quality Control program. A QC! shall be responsible for implementing the Contractor Safety Plan, and shall have the authority to determine for the

Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

g. Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract, and shall be the onsite Contractor employee who is responsible for safety.

h. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings.

i. Contracting Officer Representative (CORl. Person designated as the authorized representative of the Contracting Officer. The COR is not authorized to issue or modify

Task Orders. The authority and duties of the COR will be specified in the COR Appointment

Letter, issued by the Contracting Officer, with a copy provided to the Contractor. An

Alternate COR (Alt. COR) may be appointed by the Contracting Officer.

j. Debris. Stumps, rocks, street sweepings, roofing and construction wastes, the remains of something broken or destroyed, or broken fragments, household furniture and appliances, automobile and truck parts, and similar materials larger than 2 square inches; and driftwood, tree trimmings and sticks longer than 18 inches or 1 inch or greater in diameter. It shall also include dead animals and animal waste (regardless of size).

k. Disinfect. Clean so as to free from infection by destroying disease, germs or other

I harmful microorganisms, by using chemical agents.

I. Drift. Any accumulation of floating trash, debris, and fallen trees.

m. Dripline. The dripline is defined as the outside edge of the tree's leaf cover.

n. EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, located on the web at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

o. Fallen Trees. Trees that have fallen and create a safety hazard.

p. Garbage. Animal and vegetable waste, including grease, resulting from the handling, preparation, cooking and consumption of food.

q. Inspector. Individual designated by the COR to perform Quality Assurance.

r. Intermediate Inspection. Some phased jobs such as painting or "disassembly and repair" may require Government inspections at various stages as the job is being performed. In these cases, any required intermediate inspections will be described in the Statement of Work.

When an intermediate inspection is indicated, the Contractor shall not proceed with the next phase of the job until a Government Inspection has been performed. ·

s. Item. The term item, when used with the contract, refers to the contract line items contained in Section B of the contract.

t. Left Bank. Refers to the left side of a river or lake when looking downstream.

u. Maintenance. The recurring day-to-day, periodic, or scheduled work, required to preserve or maintain a facility in such condition, that it may be effectively utilized for its designated functional purpose. Maintenance includes work undertaken to prevent damage to a facility, which otherwise would be more costly to restore. Maintenance also includes work to sustain existing components.

v. Maintenance Leader. Individual primarily responsible for maintenance of project facilities. The individual works directly with the Resource Manager, and may act in the

Resource Manager's behalf as necessary.

w. Miscellaneous Waste. In addition to all debris, miscellaneous waste includes grass cuttings, leaves, rocks, street sweepings, roofing and construction wastes, automobile and truck parts, the remains of something broken or destroyed, and similar materials 2 square inches or smaller; and driftwood, tree trimmings, and sticks shorter than 18 inches and 1 inch or less in diameter.

x. Mowing. Mowing is defined as the cutting of grass, weeds, vines, or other vegetation, with reel and rotary lawn mowers, gang mowers, or bush hogs

y. Mowing Cycle. A mowing cycle is defined as the performance of all mowing and trimming within all of the areas ordered within the period as defined in Section C-

2.2(f) from the date ordered, excluding weekends or holidays.

z. Office. Areas primarily for clerical or administrative functions and which usually contain desks, chairs, file cabinets, tables, and other common office furnishings.

aa. Outside Top Edge of Ditch line. Elevation of road surface transferred to hillside of ditch.

bb. Plants. All ornamental trees, shrubs, flowers, and ground covers on the project.

cc. Playground Equipment. All equipment such as swings, slides, merry-go-http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf rounds, climbing toys, volleyball courts, game courts, etc., provided for use by the public in the recreation areas.

dd. Policing. The picking up of trash, debris, drift, ashes, garbage, and miscellaneous waste, and disposing of the same in accordance with contract specifications.

ee. Preventive Maintenance. Preventive maintenance is the correction of incipient failures before they develop into major defects requiring costly corrections.

ff. Preventive Maintenance Service. Acts of maintenance done on a routine schedule to prevent failures and to ensure efficient operation.

gg. Project. All land and water resources that are managed by the Corps and/or leased by the Corps to other federal, state, or local agencies. Lands include both developed parks and undeveloped lands, and all water resources from the dam to the headwaters, unless otherwise defined by Congress.

hh. Quality Assurance. A method used by the Government to provide a measure of control over the quality of services provided by the Contractor.

ii. Quality Control. A method used by the Contractor to control the quality of services he/she provides for the Government.

jj. Ranger. A uniformed individual with responsibility for visitor assistance, control, safety, resource management, protection, and enforcement of Title 36 Code of

Federal Regulations. The individual works directly with the Resource Manager and may act in the Resource Manager's behalf as necessary.

kk. Receptacles. Cans, drums, bins or similar containers used to contain trash, debris, drift, ashes and garbage for disposal.

ll. Recreation Season. Time period when the recreation areas are opening.

mm. Resource Manager. A uniformed individual designated responsibility for overseeing the general operation, maintenance, and administration of the project.

nn. Restroom. Portable toilet, vault toilet, or structure, including sinks, toilets, and/or urinals, provided for the comfort and personal hygiene of persons using the facilities. A restroom, when referring to vault toilets, includes one men's toilet and one women's toilet.

oo. Sanitize. Clean, so as to preserve or restore healthy conditions, or to prevent or check unhealthy conditions.

pp. Shower house. Restroom with shower facilities and, in some cases, laundry tubs.

qq. Storage/Utility Areas. Areas primarily used for the storage of supplies, matals, or equipment, and areas used for general or utility purposes, such as employees' eating areas or parking areas.

rr. Task Order. SF1449 used to order services in accordance with the specifications in this contract. Task Orders may only be issued and modified by the KO.

ss. Trash. A variety of unsalvageable waste material such as metal, glass, rags, tin cans, rubbish, plastic bottles, paper, wrappings, containers, cartons, and similar material.

tt. Tree and Brush Cutting. Tree and brush cutting is defined as the cutting (flush with the…