Amendment W912P624Q0021-0001 Mississenwa Dam Road Paving - 20240718.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

This AMENDMENT changes the Period of Performance for the contract if aw arded.

This response date and time to submit offers in response to this solicitation is extended. Offers are now due July 30, 2024 at 2:00PM central time.

All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 18-Jul-2024

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 W912P624Q0021

X 9B. DATED (SEE ITEM 11)

10-Jul-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 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

18-Jul-2024

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:

W912P624Q0021

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF AMENDMENT

This amendment directs the following pen and ink changes:

1. Reference SF 1442 Block 11.

Currently reads: “…The contractor shall begin performance within 10 calendar days and complete it wihtin 120 calendar days…” Change to read as follows: “ … and complete it wihtin 365 calendar days…”

2. Reference Clause 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

Currently reads: “ … (c) complete the entire work ready for use not later than 120 Calendar days …” Change to read as follows: “ … (c) complete the entire work ready for use not later than 365 Calendar days …”

3. Reference Scope of Work - Section 6. REQUIRED PERFORMANCE PERIOD This amendment changes this section in it’s entirety. A revised Scope of Work is attached.

4. Wage Determination IN20240006 was revised July 5, 2024. Copy is attached.

SUMMARY OF CHANGES

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 Calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

(End of Summary of Changes)

CONTRACT NO:

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

FY 2024 MISSISSINEWA DAM RD

RESURFACING PROJECT, OPERATIONS

AND MAINTENANCE PROGRAM

CONSTRUCTION CONTRACT

SOLICITATION AND SPECIFICATIONS

July 2024

Amendment W912P624Q0021-0001

1. GENERAL SUMMARY

The project is located at 5613E Mississinewa Dam Road, Mississinewa Lake, Peru, Indiana.

Construction work consists of one Base and one Option. The required Base is to resurface (repave) approximately 1100 LF of the Mississinewa Dam Road (E 380S). The Contractor will mill the upper 7 inches of the two lane roadway (30 LF in width). The Contractor will pour a 7 inch base and surface layer of Hot Mix Asphalt (HMA). For the Option, the Contractor will mill a 1000 SF area of the project office parking lot in order to make a drainage swale, running parallel to the western perimeter of the facility maintenance barn (garage). The swale will be resurfaced with a 4.5 inch layer of HMA. All work will comply with Indiana Departments of Transportation (INDOT) and Environmental Management (IEMA) guidelines and specifications, as well as the USACE EM 385-1-1 safety requirements and procedures, as summarized in this SOW.

2. DEFINITIONS

For this construction contract, the following terms shall be defined as follows:

• Technical Point of Contact (TPOC): the USACE person serving as the technical lead/coordinator for the contract.

• Contracting Officer Representative (COR): represents the Contracting Officer (CO) in the execution of all the contractual administrative functions; receives and processes invoices.

• Qualified Service Technician: the USACE person serving primary and onsite POC for interactions with the Contractor during construction; fulfilling Quality Assurance (QA).

3. REFERENCES

The following publications listed below form part of this specification to the extent indicated by referencing material. The publications are referred to in this SOW by basic designation only.

• 29 Code of Federal Regulation (CFR) 1910, Occupational Safety and Health Standards for General Industry

• 29 CFR 1926, Occupational Safety & Health Standards for Work, subpart E-F Department of Defense Instruction (DODI) 6055.1, DOD Safety and Occupational Health Program

• US. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 15 March 2024.

• Unified Facilities Criteria (UFC), O&M Manual: Standard Practice for Flexible Pavements, UFC 3-250-03, 30 May 2018.

• Unified Facilities Criteria (UFC) Pavement Design for Roads and Parking Areas, UFC 3-

250-01, 14 NOV 2016.

• Indiana Department of Transportation 2022 Standard Specifications https://www.in.gov/dot/div/contracts/standards/book/sep21/sep.htm

• Indiana Design Manual – 2013, Chapter 49 https://www.in.gov/dot/div/contracts/design/IDM.htm

• Indiana Department of Transportation 2022 Standard Specifications Division 600 - Incidental Construction.

https://www.in.gov/dot/div/contracts/standards/drawings/sep22/sep.htm

• Indiana Department of Natural Resources (DNR), Mississinewa Lake, webpage:

https://www.in.gov/dnr/state-parks/parks-lakes/mississinewa-lake/#Maps

• Army Corps of Engineers Chicago District Mississinewa Lake webpage:

https://www.lrc.usace.army.mil/Missions/Recreation/Mississinewa-Lake/

4. PROJECT DESCRIPTION

4.A. Location. The project is located at 5613E Mississinewa Dam Road, Mississinewa Lake, Peru, Indiana. The U.S. Army Corps of Engineers (USACE) partners with the DNR in the management of the public land at Mississinewa Lake and in the maintenance and operation of the Mississinewa Lake Dam. This is an earthen embankment dam built to impound the Mississinewa River for flood risk reduction. It provides flood protection to the Wabash River valley, supplies water to the area’s communities, improves the Wabash River’s water flow conditions, and offers a habitat for various species of fish and wildlife. The Mississinewa Dam Road is designated as a low-traffic volume roadway with an assumed ESAL condition of less than 1 million. However, the roadway is periodically used by heavier, multi-axel vehicles (recreational, agricultural/farming, and commercial trucking). Refer to Exhibit 1 of this SOW for the DNR’s Mississinewa Lake Project Map (with the bounded area of construction demarked by the red box)

4.B. Contract Line Items. Construction work consists of one (1) Base and one (1) Option Contract Line Item (CLIN), referred to as 001 and 002 respectively. Each CLIN will include all required materials, parts, labor, overhead/administrative costs, and construction work coordination activities required for the Contractor to fulfill the specific line items of work. The Government reserves the right to exercise options within 45 days after formal receipt of NTP.

• CLIN 001 (BASE) - Mississinewa Dam Road Reconstruction of HMA pavement

• CLIN 002 (OPTION) – Construct Drainage Swale for Maintenance Barn Parking Area

4.B.1. CLIN 001 (BASE) – Mississinewa Dam Road Reconstruction. The Contractor will furnish all labor, materials, supplies, tools and equipment necessary to reconstruct the pavement for the east and westbound lanes of the Mississinewa Dam Road, along the western half of the Mississinewa earthen dam structure. The approximate total length of resurfacing work is 1100 LF, beginning and ending at coordinates (40.71669, -85.95576) and (40.71826, -85.95239), respectively. The average

Amendment W912P624Q0021-0001 https://www.in.gov/dot/div/contracts/standards/book/sep21/sep.htm https://www.in.gov/dot/div/contracts/design/IDM.htm https://www.in.gov/dot/div/contracts/standards/drawings/sep22/sep.htm https://www.in.gov/dnr/state-parks/parks-lakes/mississinewa-lake/#Maps https://www.lrc.usace.army.mil/Missions/Recreation/Mississinewa-Lake/ total width of the two-lane roadway is 30 LF. There are no design and/or construction as-builts on record for this roadway.

Note: Bidders are strongly encouraged to confirm/verify specific location/dimensions of resurfacing work during pre-bid site visit (refer to paragraph 6 of this SOW). For purposes of estimation: max surface area of milling, preparation, and repaving will not exceed 3670 SY for the Base.]

Definable features of Work for the Base are divided into the following subcomponents:

• Full Depth Milling of existing pavement, approximately 6.5-7 inches, as measured from surface layer.

• Clean milled surface area of debris and remove/transport debris to offsite disposal.

• Apply Indiana #53 (CA6) Limestone to level milled surface (if required) and compact gravel material prior to HMA application.

• Apply AE-T Tack Coat to milled surfaces.

• Pour 5-inch base/intermediate layer HMA, PG 70-22.

• Apply a joint adhesive to starting, center and ending joints per INDOT guidelines.

• Pour 2-inch surface layer HMA, PG 70-22.

• Apply sealant/binder to the newly paved surfaces, 1100 LF x 30 LF.

• Restore/repaint lane markers to match original roadway conditions, per INDOT regulations; Remount any signage removed due to resurfacing.

• Implement Traffic Control measures during all Base work.

Refer to Figure 1 (below) for a general schematic/overview of the project work area and approximate limits of work for the Base.

Figure 1 – yellow highlight indicates approximate length of resurfacing work along the Dam Rd.

4.B.2. CLIN 002 (OPTION) – Construct Drainage Swale for Maintenance Barn Parking Area.

The Contractor will furnish all labor, materials, supplies, tools and equipment necessary to mill and repave a 1000 SF area (approximate) of the parking area, along the western perimeter of the facility maintenance barn (garage). The purpose of CLIN 002 is to create a swale for directing the flow of stormwater runoff to a drainage basin southeast of the parking lot. Figure 2 (below) depicts the general location for the new swale. The approximate dimensions of the red box 15 feet in width by 75 feet in length.

Note: Bidders are strongly encouraged to confirm/verify specific location/dimensions of resurfacing work during pre-bid site visit (refer to paragraph 6 of this SOW). [For purposes of estimation, max surface area of excavation, milling, and repaving will not exceed 1500 SF for the Option.]

Definable features of Work for the Option are divided into the following subcomponents:

• Mill area (red box) to ensure a 1-2% concave slope to facilitate surface water runoff (along the yellow centerline).

• Apply 3 inches of HMA as base layer, PG-64-22.

• Apply top 1.5” of HMA as surface layer, PG-64-22.

• Apply sealant to the newly paved surfaces.

Refer to Figure 2 (below) for a schematic/overview of the project work area and approximate limits of work for the Option.

Figure 2 – Option to construct the drainage swale for the parking lot.

4.C. Additional Contractual work and responsibilities. Contractor will include all permitting, planning, administration, supervision, communications, and inspections necessary to assure that all construction is conducted in accordance with the contract requirements and all applicable Federal, State, and Local laws and regulations. All construction work will be completed as scheduled with

TPOC (and/or COR) and the Project Office Manager. It is the Contractor’s responsibility to take measurements and calculate/estimate the dimensions of the work site in preparation of their quote.

It is the Contractor’s responsibility to locate existing utility service lines, Public and Private, and any installation thereof, to return the infrastructure to its original condition. Public and Private lines can include water, electric, and sewer. Material that is damaged by the Contractor shall be replaced with new material of the same kind by the Contractor at no additional cost to the Contracting Authority. The Contractor shall restore any earthwork disturbed by the removal operation to an acceptable condition.

4.D. Traffic Control Measures. Contractor will ensure that one lane is closed to through traffic during all construction activities. Contractor will coordinate with the local authorities to implement all INDOT mandated roadway safety control measures, to include the appropriate signs and signaling equipment, and qualified personnel for routing traffic. Contractor will submit a Traffic Control Plan to the TPOC for review/approval prior to the pre-construction conference, as stated in Paragraph 7 of this SOW.

4.E. Weather/Seasonal Restrictions. For all HMA activities, Contractor will adhere to weather limitations set by the Indiana Dept of Transportation, as specified in Division 400, INDOT Standard Specifications for Road and Bridge Construction (2012).

4.F. Permits.

4.F.1. INDOT Permits. This project is exempt for INDOT permit requirements, per Section 1.8 Waivers or Work Exempt from INDOT Permits (INDOT Permit Guide) – whereby exemptions to INDOT Permit Requirements Exist for:

• INDOT’s own workforce completing work and operating within their contract limits.

• Consultants under contract with INDOT, operating within the scope of their agreements and a Notice to Proceed. If a Notice to Proceed has not been issued, then a permit is required.

• Local public agency workforces with a delegation of a maintenance agreement operating within their jurisdictional boundaries and within the scope of their maintenance responsibilities. (Refer to page 14 of the INDIANA DEPARTMENT OF TRANSPORTATION

PERMIT GUIDE)

4.F.2. IDEM Permits. This project may require a Construction Stormwater General Permit (CSGP) from IDEM due to possible Stormwater management on the dam roadway. Bidders will verify/confirm requirement and transmit requirements with proposal.

4.G. Contractor – General Requirements.

1. Bidders are required to meet with USACE representatives onsite and examine the existing conditions in and around the Mississinewa Dam Road area along the Mississinewa Dam Rd.

2. The Contractor’s pavement design for Base and Option must comply with current Standards and Specifications based upon Indiana Department of Transportation (INDOT) guidelines, as summarized in the 2013 Indiana Design Manual, Ch. 601.

3. The Contractor’s work and responsibility shall include all planning, administration, supervision, communications, and inspections necessary to assure that all construction is conducted in accordance with the contract requirements and all applicable Federal, State, and Local laws and regulations.

4. Contractor shall take all necessary precautions to protect the site and possible nearby structures from any damage resulting from construction activities. No construction waste or contaminated water shall be introduced to any existing body of water or in any manner that violates local, State and Federal Laws or Regulations.

5. All ground surface areas within the project limits must be restored to their pre-existing contour condition, if disturbed during the Contractor’s installation procedures.

6. Contactor will ensure that existing road piezometers are not damaged or destroyed when milling and paving the road. Contractor will coordinate with onsite USACE personnel during the pre-Work conference, to locate, identify and protect piezometers during construction.

7. Contractor is responsible for using 811 to locate all underground public utilities, if required.

The Contractor is also responsible for locating any private utilities impacted by the work, to include electric, water lines, sewer, and communication lines. If additional service lines are to be installed, it is the Contractor’s responsibility to return the infrastructure to its original condition.

5. TECHNICAL SPECIFICATIONS

5.A. Full-Depth Milling.

1. Cleaning shall be by blowing the milled areas with compressed air at a minimum pressure of 100 psi (690 kPa).

2. Containment. Contractor will use equipment (fencing) to ensure that millings and debris are contained and collected to prevent lake water contamination.

3. Disposal. All millings and debris will be transported from the project site at the Contractor’s expense. Refer to paragraph 4.G.4.

5.B. Tack Coat with AE-T Product.

When the milled areas are satisfactorily cleaned of debris, the milled areas shall be tacked with AE- T. A tack coat is a light application of an asphalt emulsion designed to ensure a strong bond between asphalt pavement layers to prevent slippage or de-lamination of the hot mix overlay from the underlying layer caused by traffic and environmental factors. The tack coat is sprayed on a road surface before pouring HMA. The product specifications will be in accordance asphalt emulsions data table summary (US ARMY CORPS 406-R-58 TACK COAT, dated 11-01-11).

5.C. Required Pavement Design

Asphalt cement selection for the roadway is assumed to be under warm-hot weather temperature conditions, with an estimated pavement temperature index (PTI) of 75-80. Per UFC 3-250-03:

“assume that the DOT requires a grade of PG 67-22 for routine traffic and PG 76-22 for heavy traffic such as an Interstate Highway. If no local guidance is available use Table 2-3 (below) for selecting the asphalt cement grade.

Based on these guidelines, Contractor will use a PG 70-22 HMA for both the base and surface layers of the roadway. Contractor will adhere to current (original) design layering of the pavement along the roadway. This condition combines the Base and Intermediate as a single layer of approximately 5 inches in depth. This will be followed by application of an appropriate intermediate joint adhesive. The surface layer will be approximately 2 inches in depth, and followed by application of appropriate sealant. The Contractor will use mill butt joints in order to tie into and be same height as adjacent asphalt surfaces of the curb, along the length of the Dam roadway. The Contractor shall seal all butt joints with liquid asphalt. All joints between existing asphalt surfaces shall be smooth transitions. The Contractor is responsible for the removal all construction debris upon completion of the work associated with the line item.

5.D. Supplemental UFGS Technical Specifications. Refer to Appendix A of this SOW for additional specifications required for this project, based on UFGS – Exterior Improvements, Section 32 12 16.16 (Road-mix Asphalt Paving). These specifications address additional contract requirements for submittals, pavement materials and testing requirements, preparation, transportation, placement, and Contractor quality control measures. If not applicable to this SOW, certain clauses from appendix A may be waived pending discussion and approval by COR/TPOC at the pre-construction conference.

5.E. Method of Measurements for Estimation & Basis of Payments. Standard INDOT guidelines are applicable for measuring quantities of material for estimating the project and for the basis of final payment. Unit measurements of total HMA material quantities for both Base and Option is by TON. Unit measurement of milling is by square yard (SYS). Unit measurements for tack coating, sealants, and binder/s are by LF. Additional #53 Limestone is measured by cubic yard (CY) or TON. The Contractor is responsible for confirming the required dimensions (measurements) in this SOW, in preparation of their proposal/bid for this project. For submission of proposal, the unit measure per CLIN is JOB.

5.F. Invoicing/Payment. Upon completion of each CLIN, the Project Office Chief and COR/TPOC (or designated representative) will visually inspect and confirm/accept the satisfactory completion of Work. Contractor will then provide the COR/TPOC with an electronic invoice to request payment within five (5) business days of acceptance by COR/TPOC. Remittance will be via one, lump sum, ACH payment, within 10 (ten) business days of final acceptance of the CLIN.

Partial and/or progress payments for subdivided work within each CLIN is not authorized for this contract.

6. REQUIRED PERFORMANCE PERIOD

The Period of Performance (POP) for this contract is 365 calendar days. The Government reserves the right to exercise the Option within 45 days after formal receipt of NTP. Exercising the Option will not change the Period of Performance.

Recommended Pre-Bid Site Visit. Bidders for the project are encouraged to visit the proposed site to meet with USACE representatives (TPOC and/or Project Manager), and to examine the existing conditions in and around the Mississinewa Lake Project area. Refer to Paragraph 15 for designated USACE POCs for this coordination.

1.) The Contractor shall establish communication with the COR within five (5) working days of receipt of NTP, and schedule a Pre-Work Conference.

2.) The Contractor will complete a Pre-Work Survey (onsite) at any point following the Pre-Work Conference, but before the date of the Pre-Construction Meeting.

3.) The Contractor will complete a Pre-Construction Meeting, no less than 3 working days BEFORE mobilizing to the site.

4.) All submittals (listed in paragraph 7) must be approved by the COR and TPOC at least 3 working days BEFORE the date of the Pre-Construction Meeting.

6.A. Normal Working Hours. All construction activities will be performed during daylight hours.

Normal working hours shall be Monday through Friday, 0700 to 1600 (EDT/EST). USACE maintenance staff will lock the facility buildings/structures between 1500 to 1530. Contractor may continue to work onsite after normal hours if coordinated and approved by the TPOC and

Mississinewa Lake Project Manager. The Government reserves the right to delay or stop work if safety concerns are present. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the TPOC. For all coordination/communication requirements, time will be normalized to EDT/EST (as seasonally appropriate).

6.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 TPOC.

6.C. Inclement Weather Work. The Contractor shall maintain the schedule of construction regardless of inclement weather. Exceptions may be approved by the TPOC when severe conditions make it impractical or dangerous to perform the work. The Contracting Officer will notify the Contractor, by modification to the Purchase Order, of any change that extends the performance period due to inclement weather.

6.D. Emergency and/or After Hours Work. Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the TPOC. Additional personnel may be required to handle the additional workload during holiday periods because of heavy visitation. The TPOC and COR will notify the Contractor of actual work requirements.

7. COORDINATION REQUIREMENTS, MEETINGS AND SUBMITTALS

The Contractor shall provide all qualified personnel, equipment and tools to complete Work for the Base and Option. At a minimum, the Contractor will adhere to the following meetings, training, and submittal requirements, summarized in Paragraphs 7.A-E.

7.A. Pre-work Conference. The Contractor will be required to attend a pre-work conference with the TPOC and COR prior to beginning work. The conference may be performed telephonically and/or virtually. The purpose of this meeting is to establish the Contractor’s start date, plan of work, safety procedures, training requirements, and discuss all submittal requirements. The pre-work survey and pre-construction meeting will also be set during this meeting.

7.B. Pre-Work Survey (Condition of Existing Structure/s). Prior to the Pre-Construction meeting, the Contractor will conduct an existing conditions survey with the TPOC. This activity must be sufficient in scope to provide advance agreement among all concerned as to the condition of existing structure/s affected by the SOW. The Contractor is responsible for full and active participation, as deemed necessary to permit determination and accurate assessment of any subsequent damage to existing structure/s which may be incurred by the Contractor (and affiliates) during the performance period of the contract. The Contractor will provide a summary of this agreement to the COR and TPOC, prior to the Pre-Construction meeting.

7.C. Pre-Construction Meeting. The Contractor will conduct a Pre-Construction meeting (onsite) with the TPOC, COR, Safety Officer, and the Project Office Manager, no less than 3 working days BEFORE initiating onsite work (Contractor mobilization of materials, equipment, and personnel).

The purpose of the meeting is to confirm/validate readiness to perform services in accordance with contractual obligations. The TPOC will ensure that the Contractor is compliant with all submittal requirements. If deficiencies are identified during this meeting, they must be corrected by the Contractor within 5 calendar days of the meeting. If necessary, a follow-up onsite meeting may be required at the discretion of the COR, TPOC, Operations Safety Officer, Project Office Manager, and/or Operations Branch Senior Leadership.

7.D. Required Training & Certification/s. The Contractor is required to ensure that a minimum of one employee on the construction crew for each CLIN has successfully completed the following training and certifications:

1. OSHA 30 Training Certification (including Fall Protection, Confined Space Entry, First Aid/CPR/AED.

2. USACE Construction Quality Management for Contractors Certification (CQC)

3. Required Licensure and Certifications necessary for completing any/all definable features of work associated with CLINS 001 and 002.

7.E. Required Submittals – submitted and approved by COR & TPOC before Pre-Construction Meeting

1. Template for Recording Work-Related Injuries, Illnesses, and Exposure. The Contractor will furnish a blank template for recording work-related injuries, illnesses, and exposures.

Unless otherwise specified, the Contractor shall submit the following information at or prior to the pre-construction conference for this contract.

2. POC for Contractor Designated SSHO (Site Safety and Health Officer). Appointment designation with all mandatory certifications per most recent edition of the EM-385-1 (dated 15 March 2024). Required certification for appointment is the OSHA 30 Training Certification (Refer to Paragraph 10 of SOW). Submit via an updated resume: summarizing relevant training, updated certifications (with ID cards), and relevant work experience. May dually serve as the QCM/QCI for this project, with the review/permission of COR & TPOC.

3. POC for Contractor Designated QCM/QCI (Construction Quality Control Manager/Inspector). Appointment designation with all mandatory certifications per most recent edition of the EM-385-1 (dated 15 March 2024) to perform the Contractor's Quality Control Program (refer to Paragraph 8 of SOW). Required certification for appointment is the USACE Construction Quality Management for Contractors Certification (CQC). Submit via an updated resume: summarizing relevant training, updated certifications (with ID cards), and relevant work experience. May dually serve as the SSHO for this project with the review/permission of COR & TPOC.

4. POC for Contractor Designated Superintendent. Appointment designation with all mandatory certifications per most recent edition of the EM-385-1 (dated 15 March 2024).

Submit via an updated resume: summarizing relevant training, updated certifications (with ID cards), and relevant work experience. May dually serve as the Contract Project Manager (PM) for this project with the review/permission of COR & TPOC, in so far as the PM remains on site to manage subcontractors through duration of all onsite work.

5. E-Verify Verification Sheets. The Contractor must pre-screen employees using the E-Verify Program (see Paragraph 11.C of this SOW for further details). An E-Verify verification sheet for each verified/eligible Contractor candidate, working on this contract, must be provided to the COR, prior to scheduling the pre-construction meeting.

6. Proof of Insurance. The Contractor will, at its own expense, procure liability insurance and maintain such insurance throughout the entire term of the contract and any option year extensions. The minimum types and amounts of required liability insurance are defined within the clauses of the proposal and made part of the awarded contract. The Contractor shall furnish a copy of the Certificate of Insurance for the minimum liability coverage.

Additional Certificates of Insurance shall be submitted following any subsequent policy renewal or policy change(s). Sub-Contractors (if any) shall be held to the same minimum insurance requirements.

7. Permits and Licenses. The Contractor shall, at his own expense, obtain any licenses or municipal mandated permits required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local (County) laws and regulations and shall comply with any subsequent changes.

8. Safety Plans. Before commencement of work the Contractor will provide an activity safety plan for review and acceptance by the Chicago District Safety Office. This plan outlines safety precautions and job hazard analysis for all sites to be treated in accordance with all Federal and State laws and the Corps of Engineers Safety manual EM-385-1 (dated 15 March 2024). This plan will include an activity hazard analysis (AHA), MSDS for all materials used by the Contractor, first aid equipment available to Contractor employees, and the personal protective equipment required to be worn by the employees.

9. Certification for Rollover protective Structures (ROPS). The Contractor shall submit a certification from the manufacturer or a Registered Professional Engineer to demonstrate that rollover protective structures (ROPS), as required in section 16.B.12 of the Safety Manual comply with applicable SAE recommended practice or an approved OSHA program. In lieu of the certification, the Contractor may provide a written statement, which contains the following information that is permanently affixed to the ROPS:

(1) Manufacturers or fabricator’s name and address.

(2) ROPS model number, if any.

(3) Machine make, model or series number that the structure is designed to fit.

10. Contractor Accident Prevention Plan (APP). The Contractor shall prepare an Accident Prevention Plan (APP) as outlined in the most recent edition of the EM-385-1-1 (dated 15 March 2024), to assure that requirements of the Safety Program are provided as specified.

This plan must be approved by the COR, TPOC and the Chicago District Safety Office prior to commencement of any work. The Contractor may use any and/or all attachments to prepare an Accident Prevention Plan. The Web Address for EM-385-1-1 is:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1.pdf (coordinate with TPOC for access to the 15 March 2024 updated EM)

11. Activity Hazard Analysis (AHA). The Contractor shall prepare and use an AHA as one of many tools to insure safe performance of work. It is the Contractor's responsibility to prepare the AHA. The AHA shall be reviewed and accepted by the on-site government representative prior to commencement of work. All on-site employees shall review the approved AHA prior to performing work at the site.

12. Quality Control Plan (QCP) – sample/draft attached to this SOW.

13. Traffic Control Plan (TCP) – required details discussed with TPOC during pre-work conference.

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

14. Training Certificates of Contractor Heavy Equipment Operators. A list of names of qualified equipment/vehicle operators, including experience, training and qualification to operate specific equipment. This includes and subcontracted personnel.

15. Construction Work Plan and Project Milestone Schedule – Gantt Chart preferred based on defined features of work per timeline with identified critical path towards CLIN/project completion.

16. Sample Invoice for Review & Format Approval - required details discussed with TPOC during pre-work.

17. Material Specifications and Safety Data Sheets – selected asphalt mix designs (binder PG), sealants, and adhesives must be pre-approved by COR and TPOC prior to pre-construction conference, and prior to Contractor material delivery.

8. QUALITY CONTROL

8.A. General. The Contractor is responsible for supervision and inspection of the contract work to assure that contract services are performed in accordance with specified requirements and all applicable Federal, State, and local laws and regulations. The Contractor shall identify the individual(s) that are tasked with field supervision and inspection of the contract services. It is the Contractor’s responsibility to notify the Mississinewa Lake Project Manager when items of services have been completed, and are ready for a quality assurance inspection.

8.A.1. Contractor Quality Control Program (QCP). The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of construction performed before the level of performance is unacceptable. The program shall include, but not be limited to the following:

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

b. A method of identifying and correcting deficiencies in the quality of construction 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 POC.

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

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

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 COR and TPOC, and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and POC. Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

8.A.2. Contractor Supervisors/leadership. The Contractor will designate the following leadership positions to ensure compliance with EM-385-1 Quality Control and Safety Measures: one (1) overall Project Manager, one (1) overall Superintendent, one (1) Site Safety and Health Officer (SSHO). In the addition, the Contractor shall also appoint one (1) Quality Control Manager/Inspector (QCM/QCI) to perform the Contractor's Quality Control Program. The SSHO shall be responsible for implementing the Contractor’s Accident Prevention Plan. QCM’s shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. Contractor cannot designate more than one of these roles to an individual without the permission of the COR, TPOC, and District Safety Officer. UPDATE: The QCM/QCI may dually serve as the SSHO for this project, with the review/permission of COR & TPOC – however QCM/SSHO must remain onsite at all times during the performance of construction work. The Project Manager may dually serve as the Superintendent for this project, with the review/permission of COR & TPOC - however the superintendent/PM must remain onsite at all times when using any approved vendor and/or subcontractor for construction work.

8.B. Government Quality Assurance. The Government will monitor all work to assure compliance with the contract specifications. The COR/TPOC, and Mississinewa Lake Project Manager are the authorized representatives of the Corps of Engineers for the purpose of directing the performance of this contract. 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 nonperformance 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.

8.C. Unsatisfactory Performance/Deficiencies. If any of the service does not conform to contract requirements, the Government will require that the Contractor correct the deficiencies at no increase in contract amount. If any of the construction do not conform to contract requirements, the Government may require the Contractor to perform the construction again in conformity with contract requirements, at no cost to the Government. When the defect in construction cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a Contract Discrepancy Report (CDR).

8.D. Communications on Unsatisfactory Performance. When the Contractor fails to perform according to the performance standards, the COR/TPOC will notify the Contractor in Writing and may issue a Contract Discrepancy Report (CDR), as to the nature and the extent of the discrepancy.

Upon receipt of a CDR, the Contractor shall explain in writing, within five (5) working days, why the performance was less than satisfactory and how recurrence of the problem will be prevented.

8.E. Damage Reports. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the COR/TPOC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the POC, within 2 workdays (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more the Contractor will complete and submit to the COR/TPOC a copy of ENG 3394.

8.F. Interruptions to Systems. If any of the construction do not conform to contract requirements, the Government may require the Contractor to perform the construction again in conformity with contract requirements, at no cost to the Government. When the defect in construction cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR.

9. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK.

The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

• conditions bearing upon transportation, disposal, handling, and storage of materials.

• the availability of labor, water, electric power, and roads; and

• the character of equipment and facilities needed preliminary to and during work performance.

Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of success-fully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract unless that understanding or representation is expressly stated in this contract.

10. SAFETY REQUIRMENTS

10.A. General. The Contractor will be subject to all COE safety policies while performing services on Federal Government property. A copy of the COE Safety Manual, EM 385-1-1 (15 March 2024) can be furnished for reference. Contractor will review EM 385-1-1 and adhere to general safety requirements and procedures. Additional site specific safety requirements may be established by the COR, TPOC, Chicago District Safety Officer, and Project Office Manager at any point during the period of performance. USACE will endeavor to provide Contractor with advance notification of any additional site specific requirements. Contractor must conform to additional requirements within 24 hours of notification by the three aforementioned USACE personnel.

All construction shall be performed in a manner which will assure complete safety to public visitors, workmen, and all other persons in the area. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, any USACE employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order. The Contractor shall immediately notify the Mississinewa Project Office Manager if any injury or accident occurs on Government property during any process of the contract.

1. Safety Manual Requirements. Contractor and employees shall comply with all pertinent sections of the Corps of Engineers’ Health and Safety Requirements manual, EM 385-1-1, dated 15 March 2024, and any revisions to that document.

2. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified on the Activity Hazard Analysis, shall be provided as necessary to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a hard hat, shirt, long trousers, and safety toed shoes during all contract work. Face shields or goggles shall be worn by employees when flying objects are present. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and be easily accessible to all employees.

3. Equipment Safety.

a. Rollover Protective Structures (ROPS).

(1) A certification or written statement shall be provided, in accordance with paragraph

3.3 Certification of Rollover Protective Structures (ROPS), for all ROPS to be used in this contract.

(2) Rollover Protective Structures shall be installed on ALL equipment used regardless of size, which are used to perform services under this contract. The Contractor shall determine that equipment intended for operation on slopes (i.e., terrain with slopes of 5.66 horizontal to 1 vertical [10%] or steeper grade), have sufficient wheelbase and weight to resist overturning because of the ROPS.

b. Seat Belts. Seat belts are required on all equipment.

c. On-site Public Safety. Work on this contract is immediately adjacent to public recreation facilities. Safety precautions to warn and limit public access shall be addressed in both the APP and AHA.

d. Damage Reports. All instances where Government materials supplies, property, and/or equipment are damaged shall be reported immediately to the Project Office Manager.

e. Accident Reporting. The Contractor shall maintain an accurate record of ENG Form

3394, and report to the Mississinewa Lake Project Manager all accidents within 24 hours of the occurrence. All serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately. The Contractor shall maintain an OSHA Log of Work Related Injuries and Illnesses, OSHA Form 300.

4. Road Safety. Contractor is responsible for ensuring all USACE road safety procedures are used throughout the project work. Contractor will comply with applicable INDOT rules and requirements for roadway construction safety control measures. These include, at minimum, the use of project identification signs, warning signs, cones, and flags, and qualified personnel for directing/controlling traffic controllers.

10.B. Electrical Power lines. The Contractor shall study the work plans and site and know in detail all locations of power lines within the rights-of-way. Prior to performing any work operations adjacent to power lines, appropriate danger signs shall be provided where any equipment scheduled for use on the site is capable of contacting such lines. Aerial power lines shall either be shut off and a positive means taken to prevent the lines from being energized, or clearances required by paragraph 15.E.08 of EM 385-1-1, as revised, "Safety and Health Requirements Manual", shall be maintained. Work shall not proceed into dangerous areas without an additional workman being assigned the crew to watch the movements of other personnel and equipment to assure that designated clearances are maintained.

11. SECURITY REQUIREMENTS

11.A. General Security Requirements and Guidance. The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative.