FIFTH AMENDMENT ISSUED AND NUMBERED AS 0007 W912P621B0005.pdf

W81G6603364573

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

REFERENCE INVITATION FOR BIDS NO. W912P621B0005, "DISPERSAL BARRIER FACIITIES OPERATION AND MAINTENANCE, ROMEOVILLE, WILL COUNTY, ILLINOIS"

A. The Bid Opening Date and Time is unchanged by this Amendment, therefore, Bids are due prior to 1:00 p.m. (Central Time) on February 3, 2021. -For details regarding bid submission, please refer to Solicitation Section L - Instructions, Conditions, and Notices to Bidders.

- AMENDMENT CONTINUES ON NEXT PAGES -

1. CONTRACT ID CODE PAGE OF PAGES

1 29

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

16C. DATE SIGNED

BY 29-Jan-2021

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 W912P621B0005

X 9B. DATED (SEE ITEM 11)

13-Jan-2021

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

29-Jan-2021

CODE

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P621B0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

B. AMENDED SECTION C OF THE SOLICITATION DOCUMENT: A Revised Scope of Work is enclosed hereunder and replaces the previously furnished Scope of Work (Revised) via Amendment 0003.

C. CONTRACTOR’S INQUIRIES: By this Amendment, the Chicago District, USACE responds to Contractor’s inquiries as follows. –PLEASE NOTE: The USACE's responses are provided in bold, black text and follows the Contractors inquiries.

Also note, the numbers shown at the beginning of the Contractor’s questions are in sync with the numbered paragraphs delineated under the Scope of Work.

3.12.2 Supervision

Please confirm that USACE understands that onsite operators working for the contractor or its subcontractors does not have the authority to obligate the contractor nor agree to perform additional tasks outside the scope of the contract without the authorization of the Contractor's PM or designated APM.

The contractor shall designate or appoint positions as required by the SOW; these designations will be provided in the required plans

3.12.2.1 Accessibility

How is the availability of the Project Manager or designated alternate to be priced for weekend, holiday, or non-duty hours to respond to emergency? It is unknown the nature and frequency of emergencies for this facility and to date USACE has provided no services record nor histories from which contractors and derive some understanding as to the extent of Project Manager availability will be required during non standard hours of operation.

The government does not determine contractor’s pricing methods

3.21.4

What 'information will USACE's COR request from the Contractor for materials, supplies, and/or replacement parts? A detailed list of this information is necessary as it may impact pricing for these items.

Product data

3.22.1.1

Has the Government certified or had certified that its inventory of materials, supplies, parts, and/or equipment that will be available upon request and approval of USACE's COR are acceptable and suitable for the purposes stated? Due to 'chain of custody' concerns, how is the Contractor to know that these items will work as intended and prescribed without including costs for independent inspection and certification?

See updated SOW

3.9.1

When a LOTO is needed a third party can not be in the LOTO area if they are not under the same contract as the contracted work under this solicitation does not give control over a third-party contractor and therefore can not be expected to keep someone that may or may not be a competent third party contractor from danger. If the liability falls on the contactor holding the contracted work it is not possible to have additional non contracted third-party contractors in the LOTO area while following APP, HECP, OSHA, NFPA70e requirements at the contract holders risk. We do understand the goal but the government needs to acknowledge where the liability falls if the third party contractor is in the same space that is under LOTO

Refer to EM385-1-1 Section 12 - 12.B02 paragraph b. identifies that coordinating with all site personnel as necessary to assure a safe program

3.10.5.3

Are these are all part of the latest inspection report? Please confirm that the crane is in good working condition, was inspected, and passed? Are cranes all accessible from the ground using a ladder or is a high lift needed to access the cranes safely? Have all anchors been inspected and approved by a licensed engineer? Does the government have records that can be shared? Or will the anchors need to be inspected and certified by a contractor? If the contractor finds that the anchors are not adequate during the inspection, what is the procedure?

I am not sure where paragraph 3.10.5.3 is in the latest scope of work; See updated SOW for crane maintenance.

3.12.12

Need to confirm that all subcontractors will be required to have the same safety training to be onsite as everyone else. Snowplow, crane certification company, road treatment company, IR scan contractor, and chiller contractor.

Including the following EM 385-1, NFPA 70e NFPA 70, OSHA 30, and the rest of the safety requirements that are in the solicitation. Requiring those costs to be in each Clinn pricing for the activities. This question has been asked previously but not answered. It adds a significant amount of cost to each client with the training requirements and it's not clear if a snowplow driver needs to be NFPA70e trained. Common sense would say it is not likely but the solicitations say all contractors and subcontractors need to have the following training.

Paragraph 3.12.12 describes experience for working on electrical and mechanical systems.

3.12.12 We need o clarity that the project manager is not necessary before 7 am, after 5 pm, or on weekends or holidays and no hours will be added to the pricing as support for a 24/7/365 facility will wait until 7 am or Monday the following workday before needing facility support. Line of communication is COR to Contractor and actions from onsite personnel will need to be discussed before work being initiated that is outside of APP. A discussion with PM before work outside of the normal before starting is for everyone's safety. It is not clear why a 24.57 facility would not require 24/7 availability of personnel supporting the facility. Hours would need to be included in the price. Please confirm that USACE is purposely overlooking that this is a 24/7 facility that is only requiring 10 hours of availability.

Paragraph 3.12.12 describes experience for working on electrical and mechanical systems. 3.12.2.1 discusses accessibility; the PM shall be available at the times identified and also be contacted for emergencies.

3.13 Ability to. Is this statement specific to the individual or can it be met as a team? One example is a 5-year operator may not have the same ability as a 10-year operator. Another example is an operating engineer at a lock may not be exposed to the same high voltage systems that are at the barrier.

Paragraph 3.13 describes the abilities of the stationary engineer.

3.13.1.1.2 now 3.13.1.1

The asked question in original in the second set of RFIs trying to clarify what the government is expecting here.

Stationary engineer should have the ability to respond to an unplanned event or emergency

3.13.1.2.1

How high off the ground are the lights that are being cleaned and maintained? To understand what it is that the government is asking please provide locations for the lights if any lights are included that are not included on the attached drawings. We do need to know what the highest point is and how many cannot be reached from the ground with a ladder and handheld duster. Are lightbulbs part of the materials and labor that is expected in this section?

Concerning canal lights are there any details? And what materials are to be included in the contractor pricing? Does the fixture lower for maintenance and cleaning by the contractor?

I am not sure where Paragraph 3.13.1.2.1 is located in the latest scope of work. Access to facility systems with the use of any equipment shall be addressed in the APP. Any change orders shall be addressed as previously responded by amendment #003 inquiry #5

3.13.1.1.14

Are there tie off points inside the buildings to support a harness being used? While climbing a ladder that requires a tie off? If the answer is no will the government be installing once a tie-off is identified as being needed in the contractors' APP. Please have the safety team weigh in on this. The question has been asked but not answered.

Access to facility systems with the use of any equipment shall be addressed in the APP. Any change orders shall be addressed as previously responded by amendment #003 inquiry #5

Also need to know if a high lift can be used to access any of the cranes during the annual inspection. Is there adequate space to maneuver inside the rooms housing the cranes?

See updated to paragraph 3.20.4

After reaching out to generator maintenance comtrcators we have ran into an issue with being able to understand what is needed for the MTUs at Barrier 1 there are no manuals provided and not enough detail on the prints or in the scope to understand what they are pricing they gave requested a site vist to confirm what is their so that they can provide us a quote for the solicitation. Please advise. Do you have a manual or would a site visit be possible.

See updated SOW

PB1 barrier no information found on generator 5 out of 7 generators are good as the contractor is familiar with however 2 of the units MTU being 4160 require a site visit to verify what and how the work will be done. No manuals have been supplied and not enough info is found on the drawings to identify what is being asked. Please clarify is the government looking to follow maintenance guidelines for a Stand-by generator or Prime Generator as critical systems to a 24/7/365 facility and will monthly inspections be expected to be performed by generator maintenance company No fluid filter maintenance similar to what was provided on the generators in 2017 plus the annual maintenance and load testing. or is the government fine with the onsite operator providing a visual inspection in place of the factory-trained technician doing the work? or government going to provide the services that are done monthly currently.

See updated SOW

The updated model numbers provided in last nights updated scope of work for the Chiller is being reviewed by the Chiller subcontractors and pricing and parts confirmed against the scope update

See additional updates to SOW paragraph 3.20.5.1

This will be required from each sub also? And included in each clinn? A certificate of insurance will be provided which will name the US Army Corps of Engineers (USACE); Metropolitan Water Reclamation District of Greater Chicago, its commissioners, officers, agents, and employees; and the Burlington Northern & Santa Fe Railroad Company of Romeoville, IL as additional holders of the certificate. The Descriptions of Operations should refer to the Fish Barriers and their surroundings. This Certificate is not exclusive of insurance already provided for in other contracts with USACE-Chicago but will remain effective for the term of this contract. The insurance coverage shall include the following: Aggregate/Per Project $10,000,000; Products/Completed Operations – General Aggregate $10,000,000- Business Auto Liability - $5,000,000

In accordance with the applicable contract clause 52.228-5 (referenced at Section I of the Solicitation) and at Section 3.4 of the SOW, insurance requirements are set forth and are very explicit. The "winning" (PRIME) contractor is required to furnish the government with the required insurance, as privity of the contract is between the government and the "prime" contractor. With respect to subcontractors, the "prime contractor" shall include the substance of the insurance clause 52.228-5 into its subcontracts. The full text of the contract clause 52.228-5 can be obtained by visiting https://www.acquisition.gov/far/52.228-5

I'm requesting a contract opportunity extension for W912P621B0005

Amendment Number 0006 extended the Bid Opening Date to February 3, 2021 with the Bid Opening time remaining 1:00 p.m. (Central Time)

D. POINT OF CONTACT: The Point of Contact (POC) for this Amendment is Ericka Hillard at (312) 846-5378;

email: ericka.d.hillard@usace.army.mil.

END OF AMENDMENT NO. 0007

(The REVISED Scope of Work follows)

REVISED SCOPE OF WORK

(VIA AMENDMENT NO. 0007)

FACILITY MAINTENANCE SERVICES CONTRACT

AQUATIC NUSIANCE SPECIES DISPERSAL BARRIERS

1 GENERAL REQUIREMENTS

1.1 SCOPE The contractor shall furnish staff of experience, support equipment, and material of quantity to provide one (1) per shift 24-7 Operator; annual bridge crane inspection, load testing and certification; annual inspection, maintenance and load bank testing on multiple diesel generators; and other miscellaneous maintenance and services for the USACE Chicago Sanitary and Ship Canal (CSSC) Aquatic Nuisance Species Dispersal Barrier (ANSDB or Dispersal Barrier) facility buildings in accordance with contract provisions herein.

1.2 BACKGROUND The ANSDB facility lies along the banks of the Chicago Sanitary and Ship Canal which is part of the Chicago Waterway system. The Barriers were constructed to prevent the movement of invasive species, such as Asian Carp, between the Mississippi River and Great Lakes basins.

1.2.1 FACILITIES The Dispersal Barriers consist of Permanent Barrier I (PB1), Control Gear Backup Power Building (CGBP), Barrier IIA (IIA), Power Quality Building (PQ), Demo Barrier (Demo), Barrier IIB (IIB), and Parallel Gear Building (PG) and are located at 790 East Old Romeo Road, in Lockport, Illinois, 60441, accessed from the 135th Street bridge’s northeast exit, westward under the bridge and over the BNSF railroad crossing, north along the roadway between the Chicago Sanitary Shipping Canal (CSSC) and the BNSF rails.

1.2.2 The facility campus also includes a Maintenance Shed (West Bank Shed or West Shed) and a Boat Shed (Boat Shed) on the west bank of the Chicago Sanitary Shipping Canal accessed from the Centennial Trail entrance on 135th Street which is near the Des Plaines River Trail Fence or Des Plaines River Barrier (DPRB). The DPRB fence runs north/south along the Centennial Trail beginning at 135th Street for approximately 13 miles. The fence serves as a barrier between the Des Plaines River and the CSSC and is essential to control movement of invasive species.

1.2.3 Other major assets include seven (7) stand-alone diesel generators with enclosures, two (2) high mast lights, electrical/parasitic switches, security fencing throughout, Closed Circuit Television System (CCTV), communication and electrical duct banks, sidewalk with fiberglass railings, electrical substations, and ComEd substations and transformers.

1.2.4 PB1 Spang and Pulser Rooms 1 and 2, Demo Pulser Cabinets, IIA Pulser Cabinets, IIB Pulser Rooms: Access to these areas are scheduled to be accessible a minimum once a year during the scheduled annual maintenance on the pulser systems. The annual maintenance of Barriers PB1, Demo, IIA and IIB pulse generating systems and their associated assets are performed annually by Government personnel. Annual maintenance schedule varies for each Barrier year to year and do not overlap; annual maintenance is typically scheduled for fourteen calendar days. Annual maintenance schedule includes only one of the Barrier pulsing systems and typically occurs between the months of December 1 and March 31. Any scope of work associated with access to these rooms and/or systems should be coordinated yearly with the Contracting Officer’s Representative (COR) to insure satisfactory performance.

2 APPLICABLE DOCUMENTS The following documents are applicable to this Scope of Work to the extent specified herein.

US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 National Fire Protection Association (NFPA) 70: National Electrical Code National Fire Protection Association (NFPA) 70E: Electrical Safety in the Workplace 29 C.F.R. 1910, Occupational Health and Safety Standards

3 REQUIREMENTS

3.1 GENERAL The Contractor shall furnish the management, personnel, services, tools, meters, parts, materials, supplies, data, and equipment, except as otherwise specified herein, required to operate and maintain the Aquatic Nuisance Species Dispersal Barriers (ANSDB) facilities, In Accordance With (IAW) this Scope of Work

(SOW).

3.2 SAFETY AND HEALTH The Contractor shall conduct all phases of work in complete accordance with EM 385-1-1,. U.S. Army Corps of Engineers Safety and Health Requirements Manual, 29 C.F.R. 1910 (OSHA

Standards), NFPA 70, and NFPA 70E. In cases where regulations conflict, the most stringent shall apply. The general requirements for safety program management and submittals relevant to this contract are located in Section 01.A of EM 385-1-1.

3.2.1 Contractor Site Safety and Health Responsibilities

3.2.1.1 The Contractor shall designate a Site Safety and Health representative. The designated person shall have successfully completed an OHSA 29 CFR 1910 30-hour training course for general industry and shall have a minimum of five (5) years experience overseeing safety activities at projects similar in scope and complexity to the dispersal barrier facility. The collateral performance of site safety and health duties, along with the performance of other designated routine duties, by a single person is permissible on this contract. The specific training, experience, and qualifications of the proposed Site Safety and Health representative shall be submitted to the COR for review and acceptance within 10 calendar days after the award of the contract.

3.2.1.2 The Contractor shall submit, for Government acceptance, documentation of the Site Safety and Health candidate’s background to include their resume and training record.

3.2.1.3 The Contractor shall submit a signed statement to the Contracting Officer (KO) designating the named Site Safety and Health Representative as a person authorized to suspend work operations as needed upon the discovery of hazardous working conditions.

3.2.1.4 The Site Safety and Health Representative, or an equally-qualified alternate, shall be accessible 24/7, by telephone or other means, to implement and administer the Contractor's safety program and Government-accepted Accident Prevention Plan (APP).

3.2.1.5 Duties include all activities required for the successful execution of the Contractor’s Accident Prevention Plan. Such duties include, but are not limited to:

1. Conduct safety and health inspections and maintain a written log which includes area/operation inspected, date of inspection, identified hazards, recommended corrective actions, estimated and actual dates of corrections.

2. Conduct mishap investigations and complete required accident reports. Report mishaps and near misses.

3. Use and maintain OSHA's Form 300 to log work-related injuries and illnesses occurring on the project site for Prime Contractors and subcontractors, and make available to the Contracting Officer upon request. Post and maintain the Form 300A on the site Safety Bulletin Board.

4. Maintain applicable safety reference material on the job site.

5. Attend pre-work meetings including toolbox safety meetings, preparatory meetings, and periodic in-progress meetings.

6. Review and enforce the Contractor’s Accident Prevention Plan (APP), Activity Hazard Analyses

(AHA), and Hazardous Energy Control Plan (HECP) for compliance with EM 385-1-1.

7. Establish a Safety and Occupational Health (SOH) Deficiency Tracking System that tracks outstanding deficiencies until resolution.

8. Ensure subcontractor compliance with the Contractor Accident Prevention Plan, Activity Hazard

Analyses, and Hazardous Energy Control Plan.

3.2.2 Accident Prevention Plan (APP) A Safety and Health Plan shall be submitted to the Government Designated Authority (GDA) within ten (10) calendar days after receiving the Notice to Proceed/Contract Award.

This plan will be reviewed and assessed by the GDA and the USACE’s local Safety and Occupational Health Office (SOHO) for accident prevention benefit and compliance with applicable items in Appendix A, EM 385-1-1.

3.2.2.1 An Accident Prevention Plan (APP), including all Activity Hazard Analyses (AHAs), must be submitted in compliance with EM 385-1-1 Appendix A, paragraph 2, Limited-Scope Service Contracts, to the GDA. Before initiation of work at the job site, an APP must be reviewed and assessed as acceptable by the GDA within 10 calendar days of the date of Contract award. The Contractor shall not commence any work on the site until the APP is designated as acceptable by the Contracting Officer (KO) or the designated Contracting Officer’s Representative (COR). Topics within the APP shall be presented in the order directed by Appendix A. Plan items listed in EM 385- 1-1, Appendix A that are not applicable to this contract shall be so identified with a statement describing the items’ non-applicability. The Contractor shall not commence any work on the site until the APP is designated as acceptable by the COR.

3.2.2.2 The Contractor is responsible for ensuring that all contractor workers comply with EM 385-1-1 and the Safety and Health Plan at all times during the execution of the work. Failure by the Contractor to effectively execute the APP shall result in the dismissal of specific individuals from the position(s) of Project Manager, QC Manager, and/or SSHO when deemed appropriate by the Contracting Officer Representative.

3.2.2.3 The Contractor is responsible for ensuring that all contractor workers, prior to start of any work, sign in at the Permanent Barrier 1 building conference room, and receive a site-specific safety and activity update briefing.

3.2.2.4 The ANSDB generates stray currents throughout the facility; as such there is not necessarily a true ground on the site and there is continuous monitoring of the stray current by the Government. Therefore, within the APP, the Contractor shall outline their plan to protect workers from hazards posed by stray voltage/current when operating and maintaining the Aquatic Nuisance Species Dispersal Barriers facilities. The Contractor may request to see maps, data tables, and other documentation related to stray voltage investigations by contacting the COR to help determine the hazards, control mechanisms, personal protective equipment (PPE) and training required for this work.

3.2.3 Activity Hazard Analyses (AHA) Within 10 calendar days of the date of Contract award, the Contractor shall submit, for Government acceptance, a set of AHAs meeting the requirements of EM 385-1-1 Section 01.A.14.

AHAs must be site-specific and fully address each of the sections of the AHA form as presented in EM 385-1-1, Figure 1-2.

3.2.4 Hazardous Energy Control Plan (HECP)

3.2.4.1 Within 10 calendar days of the date of Contract award, the Contractor shall submit, for Government acceptance, a HECP in accordance with EM 385-1-1 Section 12, 29 CFR 1910.147, 29 CFR 1910.333, 29 CFR 1915.89, ASSE/SAFE Z244.1, and ASSE/SAFE A10.44. The HECP shall be submitted for Government acceptance as part of the APP.

3.2.4.2 A preparatory meeting shall be scheduled as shall a site inspection with all effected personnel to coordinate all HECP activities in accordance with EM 385-1-1, Section 12.A.02.

3.2.5 Exposure Reports Refer to FAR Clause 52.204-14 for specific reporting requirements.

3.2.6 Safety Meetings

3.2.6.1 Routine The Contractor must conduct safety meetings at least once a week to be attended by all Contractor employees performing on-site work for the upcoming week. The purpose of the weekly safety meetings is to review worksite activities; plan for new or changed operations; review/update AHAs; establish safe working procedures for anticipated hazards; and provide on the spot training and motivational exercises. The Contracting Officer’s Representative shall be notified of all scheduled safety meetings 7 calendar days in advance. It is anticipated that the 1st shift stationary engineer shall brief off-shift employees as necessary either in person or electronic media.

3.2.6.2 Maintenance or Repair Activities During contractor performed on-site maintenance or repair activities, the Contractor shall conduct a daily safety meeting for all employees involved in the performance of the Contract to discuss safety items, particularly those pertaining to current and upcoming work. The Contractor shall provide at least one day advance notice of the time(s), date(s), and locations of planned safety meetings to the COR. The Government reserves the right to attend any or all of these meetings.

3.2.6.3 Reports The Contractor shall prepare a report of all safety meetings and the Contractor shall deliver these reports to the COR by the 15th day of the following month. The report shall include the following information on each meeting: Date, time and location of meeting, names of persons attending, summary of safety items discussed and persons who conducted the meeting. The Contractor shall keep a copy of each report on file at the Barrier System.

3.2.6.4 The Site Safety and Health Representative and supervisory personnel shall conduct monthly management safety meetings for the purpose of evaluating current safety performance, reviewing corrective action status, and developing/refining mitigation activities for upcoming phases of work.

3.2.6.5 Safety Bulletin Board Within 7 calendar days after commencement of work, a safety bulletin board shall be erected at the job site. Include and maintain information on safety bulletin board as required by EM 385-1-1, Section 01.A.07.

3.2.7 Mishap & Near-Miss Reporting

3.2.7.1 All OSHA-recordable mishaps and property damage accidents exceeding $5,000 shall be reported to the COR within 8 hours by telephone or on a face-to-face basis. Within 48 hours of the mishap, the contactor shall deliver a completed ENG FORM 3394 to the COR for review and acceptance. Unacceptable FORM 3394 shall be returned to the Contractor for correction.

3.2.7.2 All near misses, as defined by EM 385-1-1, Appendix Q, shall be reported within 48 hours on ENG FORM 3394 with “NEAR MISS” noted in the remark section.

3.2.8 Safety Violations If a Contractor's or subcontractor’s employee persists in not following the safety requirements of the scope of work, the Accident Prevention Plan, an Activity Hazard Analysis, or a Hazardous Energy Control Plan, the Contractor shall notify the COR within 24 hours. The Contractor, after notification from the COR, shall also ensure that the employee no longer works at or is present at the facility.

3.2.9 Personal Clothing and Personal Protective Clothing and Equipment (PPCE) Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short-sleeve shirt, long trousers, high visibility vests, and EH rated safety shoes. Additional PPCE shall be worn by personnel as required by EM 385-1-1, Corps of Engineers Safety and Health Requirements for the work being performed.

3.2.10 Employee Safety Awareness In order to promote employee safety awareness, the Contractor shall ensure that each employee (including all subcontractor employees performing work on-site) reviews the accepted Accident Prevention Plan (APP) annually and the Activity Hazard Analysis (AHA) prior to beginning work. In addition, Contractor and subcontractor personnel shall review developed and accepted AHA’s prior to beginning work each time the AHA is used. The Contractor shall maintain a record of these reviews which shall include each employee's signature and the date of the person's review. The Contractor shall prepare and submit a copy of this record to the COR as necessary. Job specific AHA’s for special non-routine maintenance and/or repair activities shall be reviewed prior to the start of each individual job and/or activity. Documentation of all personnel participating in the work activity covered by each AHA shall include the following information: Printed name of each employee (Prime and subcontractors), by last name, first name and middle initial, followed by their signature and date by month/day/year.

3.2.11 Continuous Inspection Refer to paragraph 3.2.6.

3.2.12 OSHA 30 Hour Training All Contractor and subcontractor personnel shall have successfully completed an approved Occupational Safety and Health Administration (OSHA) 30 hour training class for general industry to be eligible to work on the site. Copies of each employee's certifications shall be submitted to the COR within ten

(10) business days after contract award.

3.2.13 National Fire Protection Association (NFPA) 70E: Electrical Safety in the Workplace Training All Contractor and subcontractor employees who are required to work on-site at the fish barrier facility shall have successfully completed a formal classroom NFPA 70E training class taught by a qualified electrical safety trainer.

Copies of each employee's certifications shall be submitted to the COR within ten (10) business days after contract award.

3.2.14 Equipment Operator Training The Contractor shall ensure that operators of any equipment are trained and licensed for proper and safe operation of the equipment. The Contractor shall provide a copy of a current license or certificate issued by the accrediting body to the COR upon request. If the license or certificate cannot be provided or has expired that employee shall not operate the equipment until the license or certificate is renewed.

3.2.15 Government Safety Inspections

3.2.15.1 Scope: All Contractor activities conducted in accordance with this Contract, as well as equipment and facilities maintained or operated in the performance of Contract activities, shall be subject to inspection by the Government for compliance with the safety provisions of the Contract. Any violations of those provisions shall be promptly corrected by the Contractor. Contractor equipment which is not in compliance shall be immediately removed from service until the problem is rectified. Periodic Government inspections of the site does not relieve the Contractor from performing their required safety inspection duties.

3.2.15.2 Suspension of Activities: The COR and any other authorized Corps representative(s) reserve the right to totally or partially suspend any or all Contractor operations due to unsafe conditions. In the event that the unsafe conditions either are caused by, or are allowed to arise or exist by the Contractor, the Contractor shall be responsible for any or all work stoppages. Performance schedules will not be extended under these circumstances and no payments shall be made to the Contractor for time or work performed during a suspension of activities.

3.2.16 Chemical Hazard Communication Program A chemical hazard communication program shall be implemented in accordance with 29 CFR 1910.1200 or 1926.59 and paragraph 06.B.01 of EM 385-1-1. The plan shall be submitted to the COR as part of the Accident Prevention Plan. See EM 385-1-1, Appendix A.3.1. (4) - Hazard Communication Plan (06.B.01).

3.2.17 First Aid/CPR/AED Training Each employee shall be trained in First Aid, CPR, and AED from an approved organization (see EM 385-1-1, Section 03.A.02.c) and have a valid, up-to-date, First Aid/CPR/AED card in his possession at all times when on duty. This requirement of training shall be submitted to the COR as part of the APP. See EM 385-1-1, Appendix A.3.i.(4) - Medical Support. The requirement of training shall be accomplished prior to commencement of work by an employee. Copies of each employee's certifications shall be submitted to the COR within ten (10) workdays after contract award.

3.2.18 Potable Water The Contractor shall supply potable drinking water for their personnel in accordance with EM 385-1-1, Section 02.C. This requirement shall be submitted to the COR as part of the APP. See EM 385-1-1, Appendix A.3.i.(4) - Site Sanitation/Housekeeping (02).

3.2.19 Monitoring of Marine Safety The Contractor shall utilize two (2) portable handheld VHF marine band radio with drop-in-chargers for use at the fish barrier facility. One (1) handheld radio shall be carried and monitored by the designated Contractor employee(s) during each shift. The other radio shall be kept in its drop-in-charger for immediate use as an alternate radio if a problem occurs with the radio being carried. Both radios shall be set to channel 16 (156.8 MHz) to monitor for incoming emergency distress calls involving the passage of waterborne vessels and/or persons-in-the-water through the fish barrier’s electric fields. The designated Contractor employee(s) shall have the authority to provide an appropriate level of assistance in response to all incoming distress calls, which is limited to calling 911, notifying USACE, and providing access to first responders when they arrive at the facility.

The designated Contractor employee(s) shall also have authority to shut off any of the fish barriers’ electric fields to help prevent the loss of life.

3.2.20 Emergency Support The Contractor and subcontractors shall be responsible for providing notification and access support to the USACE, US Coast Guard (USCG) and local first responders in response to emergency situations occurring within the vicinity of the Barriers.

3.3 SECURITY REQUIREMENTS

3.3.1 AT Level 1 Awareness Training All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

3.3.2 Site 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 to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204- 9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes. All Contractor and all associated sub-Contractors employees that access any Computer Hardware Resource related to the Barrier System shall sign a User Agreement Policy to be provided by the Government. All Contractor and all associated subcontractor employees shall only use Computer Hardware Resources associated with the control of the Barrier System solely for control of the Barrier System, and shall not use such Computer Hardware Resources for email access, internet access, or any other purpose.

3.3.2.1 Contractor Employees Requiring Issuance of Common Access Card (CAC) The current operations plan does not require the issuance of a CAC to contractor employees and it is anticipated that future operations will not require a CAC.

3.3.2.2 Contractor Employees Not Requiring Issuance of CAC Contractor and all associated sub-Contractors employees not requiring the issuance of a CAC 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.

3.3.3 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 COR, facility 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.

3.3.4 Access to Government Information Systems All Contractor and subcontractor employees with access to a Government information systems must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance) and DOD 8570.01-M, an appropriate background investigation will be conducted prior to accessing the Government information systems. The Government will provide the operator the user name and passwords necessary to operate all systems provided in the control room as required by this scope of work. Every 90 to 120 days the system password will expire and prompt the user to change the password. Any password change executed by the contractor, either due to expiration or for security purposes, shall be provided to the COR within 24 hours.

3.3.5 Level 1 OPSEC Training In accordance with Army Regulation (AR) 530-1, all new Contractor and subcontractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty.

Additionally, all Contractor and subcontractor 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.

3.3.6 Information Assurance (IA)/Information Technology (IT) Training All Contractor employees and associated sub-Contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All Contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

All Contractor employees who act as system administrators need to gain the certification of an IAT-II level position in accordance with DOD 8570.01M.

3.3.7 Sensitive or Restricted Access Areas Contractors with CAC cards will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The Contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction). All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. Sensitive and/or restricted areas are identified with signage at the site and are not part of this contract scope of work for routine operation, monitoring and maintenance identified in paragraph 3.20.

3.3.8 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.

3.3.9 Release of News Information No news releases (including photographs and films, public announcements or denial or confirmation of same) on any part of the subject matter of this Contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.

3.3.10 Contingencies. The Contractor shall respond to abnormal situations as determined by the COR in order to provide continuity of all operations. Examples of abnormal situations are civil disturbances, labor strikes, terrorist activities, and national emergencies leading to mobilization or deployment. Since the Army must be able to react to such events without undue delay, the Contractor shall continue and expand, if necessary, his performance to meet the terms of this Contract.

3.3.11 OPSEC Plan. The Contractor shall develop an OPSEC SOP/Plan in accordance with Army Regulation 530-1, Appendix B “Operations Security Process”. The plan shall be submitted within 90 calendar days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. Figure N-1 of Army Regulation 530-1, dated 26 September 2014, should be used as a template to aid the contractor in developing the plan. The SOP/Plan shall address the following required elements.

1. Requirements for the identification and protection of critical information from initial planning through post execution phases.

2. Tasks to staff and subordinate commands to plan and execute OPSEC measures.

3. An OPSEC estimate comprising the identified or assumed adversary knowledge of friendly operations or activity, friendly critical information, and an evaluation of friendly OPSEC effectiveness.

4. Intelligence collection threat consisting of friendly detectable indicators, critical information, and the adversary’s capability to obtain and use the information.

5. OPSEC measures to implement.

3.4 MINIMUM AMOUNT OF INSURANCE REQUIRED

In accordance with FAR CLAUSE entitled INSURANCE - WORK IN A GOVERNMENT INSTALLATION, the following minimum insurance coverage’s and limits are required. The term "Installation" referred to in this clause is deemed to mean Corps of Engineers project site or Federal property.

3.4.1 Evidence of the following minimum insurance coverage’s and limits, with concurrent policy expiration dates, must be received by the Department of the Army, Corps of Engineers before the Contractor can begin work. This evidence must be on a fully-completed, signed and dated ACORD Certificate of Insurance. In addition, policy endorsements must be issued by or in behalf of the insuring company or companies naming the Department of the Army, Corps of Engineers, Metropolitan Water Reclamation District of Greater Chicago, its commissioners, officers, agents, and employees; and the Burlington Northern & Santa Fe Railroad Company of Romeoville, IL as Additional Interest Insured regarding the work. The endorsements must also provide that the Department of the Army, Corps of Engineers receive direct written notice at least thirty (30) calendar days before the effective date of any material changes to, any cancellation of, or any non-renewal of these coverage’s during the time period of the Contractor's work. These endorsements must also be received by the Department of the Army, Corps of Engineers before the Contractor can begin work.

3.4.2 Should the coverage’s expire or be terminated during the time period of the Contractor's work, the Department of the Army, Corps of Engineers must receive an ACORD Certificate of Insurance as evidence of renewal or replacement insurance coverage and the supporting policy endorsements as specified above. The required evidence of renewal replacement insurance must be received by either the Contracting Officer or Contracting Officer's Representative at least ten (10) calendar days before the coverage expires or is being terminated.

3.4.3 All insuring companies must be rated A- or Excellent or better, by A.M. Best Company, an independent insurance rating service. The ACORD Certificate must list the A.M. Best Company insurance company code of listed insurance companies being offered.

3.4.4 A certificate of insurance will be provided which will name the US Army Corps of Engineers (USACE); Metropolitan Water Reclamation District of Greater Chicago, its commissioners, officers, agents, and employees; and the Burlington Northern & Santa Fe Railroad Company of Romeoville, IL as additional holders of the certificate. The Descriptions of Operations should refer to the Fish Barriers and their surroundings.This Certificate is not exclusive of insurance already provided for in other contracts with USACE-Chicago, but will remain effective for the term of this contract. The insurance coverage shall include the following:

- Workers Compensation - $5,000,000

- Employers Liability – each accident $5,000,000; each employee – disease $5,000,000; policy aggregate $5,000,000

- Commercial General Liability – Per occurrence $10,000,000; General Aggregate/Per Project

$10,000,000; Products/Completed Operations – General Aggregate $10,000,000

- Business Auto Liability - $5,000,000

3.5 TAX EXEMPTION

Pursuant to the rulings of the Illinois Department of Revenue, materials which are to be physically incorporated into real estate owned by the Government are exempt from Illinois Retailers' Occupational Tax and Use Tax.

However, sales of tools, fuel, lumber for forms and other end use or consumption items which are not physically incorporated into real estate are taxable sales. After contract award, the Contractor may request the Government Sales Tax Exemption Number, which must be used when purchasing tax exempt material.