IHC WWTP PWS-02-23-2024.docx

PERFORMANCE WORK STATEMENT (PWS)

INDIANA HARBOR & CANAL CONFINED DISPOSAL FACILITY –

Temporary Wastewater Treatment Lease and Operation and Maintenance Services.

18 March 202411 March 2024

PART 1: GENERAL INFORMATION

1. Description of Services/Introduction: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. This non-personal service(s) contract is to provide, operate, and maintain a Temporary Wastewater Treatment Plant (WWTP) and provide service of that WWTP to treat a combination of dredge water, groundwater, and precipitation at a Confined Disposal Facility for dredged material.

1.1 Background: The Confined Disposal Facility (CDF) stores contaminated dredged sediment from the Indiana Harbor & Canal (IHC). The IHC CDF is located in East Chicago, Indiana. The site is approximately 140 acres and includes a diked area which holds dredged material and surrounding supporting facilities. The U.S. Army Corps of Engineers (USACE) periodically dredges the IHC and places the dredge material into the CDF. The IHC CDF diked area includes a 20-ft wide center dike separating a 50-acre west pond and a 45-acre east pond. The CDF exterior dike height ranges from 27 to 31 feet above the adjacent surface grade. The CDF maintains an average minimum water depth of 2-ft above the sediment. The CDF water (referred to as CDF pond water) is a combination of dredge water, groundwater extracted from the site and discharged to the CDF, and precipitation that falls within the diked area. The IHC CDF provides significant capacity to hold water, therefore, water treatment is not anticipated to be needed on a continual basis. Rather, water treatment will be ordered by the Government based on need to provide capacity in the CDF to receive dredged material or to lower the pond water levels. For additional site background and site characterization, refer to Specification Attachment 1 Section 00 31 24.13 and Specification Attachment 2 Section 00 31 32.13.

1.2 Scope: The Contractor shall provide non-personal service(s). The Contractor shall provide all personnel, supervision, equipment, supplies, tools, materials, and other items or services necessary to perform the services described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents.

1.2.1 Temporary Wastewater Treatment Plant (WWTP). The contractor shall mobilize and demobilize a mobile WWTP for treatment of IHC CDF pond water over the period of performance. The contractor shall operate and maintain the WWTP. The contractor shall determine the size and features of the WWTP to meet all operational requirements of this PWS.

1.2.2 Treatment Service. The contractor shall sample, treat, and discharge the CDF pond water at the CDF site, into the IHC located in East Chicago, IN. The contractor shall ensure the water is treated In Accordance With (IAW) the CDF site National Pollutant Discharge Elimination System (NPDES) permit (Regulatory Requirement Attachment 1), including all monitoring, testing and reporting. The primary contaminants in the water to be treated are: Total Suspended Solids, PAHs, PCBs, BTEX, metals including low level mercury, ammonia, oil & grease. Whole Effluent Toxicity testing of the treated water is also required by the NPDES permit. The volume of water to be treated by the WWTP will vary, with an expected range of 30 to 50 million gallons per year. The WWTP shall have the flexibility to treat anticipated fluctuations in volume to be treated. The Contractor shall operate the WWTP on a seasonal, as-needed basis, with the plant anticipated to operate a few months a year, and potentially not operating some years.

1.3 Objectives: The Indiana Harbor and Canal Confined Disposal Facility wastewater treatment plant contract will provide service to treat water from the CDF and discharge the treated water to the IHC in accordance with the site NPDES permit and this contract’s requirements..

1.4 General Information:

1.4.1 Period of Performance: The Contract will have a five year period of performance. The Government will issue task orders for performance at the CDF site, based upon acceptable performance standards and continued need.

1.4.2 Place of Performance: The contractor shall perform work under this contract at the Indiana Harbor & Canal Confined Disposal Facility (IHC CDF), located at 3500 Indianapolis Boulevard, East Chicago, Indiana 46312. The main site entrance is on the west side of Indianapolis Boulevard at the intersection with Riley Road.

1.4.3 Operating Hours: The Government Facility office hours and the Contractor support hour requirements often coincide but may differ. Please refer to the following.

a) Government Facility Office Hours: The Government Facility office hours do not include U.S. Holidays or when the Government Facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Government Facility office hours are Monday-Friday, 7:00 a.m. to 3:30 p.m.

b) Contractor Operating Hours: The site will be available for the Contractor to perform his operations 24-hours, 7 days/week. USACE employees do not have to be present onsite on days when the Contractor needs to operate the WWTP.

1.5 Post Award Conference/Periodic Progress Meetings: After award of the contract but prior to commencement of any work at the site, meet with the Contracting officer during a Post Award Conference to discuss and develop a mutual understanding relative to the administration of the contract, including safety program, submittals, schedule. Major subcontractors who will engage in the work must also attend. During treatment plant active periods (including mobilization, startup, operation, shutdown, demobilization), a Progress Meeting will be held once every two weeks (biweekly). All meetings are conducted IAW FAR Subpart 42.5. Prepare meeting agendas and meeting minutes for each meeting. The agenda and progress meeting minutes must be prepared in a format acceptable to the COR and must contain all information required by the COR, including, but not limited to:

· A listing of all meeting participants.

· A list of work completed since the last meeting.

· A list of work activities scheduled for the upcoming two weeks.

· Critical work activities in the project schedule.

· Old business, including summaries of the status of unresolved issues discussed at previous progress meetings.

· New business, including summaries of issues that need to be addressed and have not been included in previous meeting minutes.

· The status of submittals, including lists of outstanding submittals, key submittals in review, and upcoming submittals.

1.6 Contracting Officer’s Representative (COR): As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter will include COR contact information and state the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.7 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager (CM) and state licensed WWTP Operator. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The qualifications of the CM and the state licensed WWTP Operator shall be provided as part of the proposal.

The Wastewater Treatment Plant Contract Manager shall be a qualified person and shall hold a valid professional engineering license or equivalent. Additionally, the WWTP CM shall have at least five (5) years experience with design, and/or operation and maintenance of water treatment plants, wastewater treatment plants, industrial wastewater treatment plants, groundwater treatment plants, dredge water treatment plants, or industrial wastewater pretreatment plants. The Wastewater Treatment Plant Contract Manager can be the plant licensed operator. The WWTP CM shall assemble/oversee, review, and sign all reports/submittals required above for the wastewater treatment plant, including but not limited to the General Schematic Drawing, Startup Test Plan, Startup Report, Process Upset Report, Treatment Plant Data Report, and Discharge Monitoring Report, prior to submittal to USACE.

In accordance with IDEM NPDES permit (pages 36, 37 and 38 of 41 of NPDES permit), para. C.6.a, para. C.6.a.(3), para. C.6.b: the contractor shall designate a person (such as the treatment plant contract manager or the licensed plant operator) who will sign and certify all communication with IDEM pertaining to the NPDES permit. (The IHC CDF NPDES permit is included as Regulatory Requirement Attachment.1) This person shall be the duly authorized representative of Linda Sorn, Chief of Engineering and Construction Division, USACE Chicago District. The contractor shall follow the procedure as described in the NPDES permit to designate, assign, and obtain IDEM and USACE approval of a duly authorized representative prior to any communication with IDEM pertaining to the IHC CDF treatment plant and/or the site's NPDES permit.

1.8 Coordination. The Contractor shall cooperate and coordinate their work with other on-site contractors and government personnel and adhere to any traffic patterns and safety signs. Currently, other contractors at the IHC CDF are performing construction related activities such as expanding the pond dike heights, and placement of dredged material into the ponds. Dredging and placement of dredge material into the CDF will continue throughout the life of the contract. The FM shall notify the Contractor of any additional planned construction on-site and placement of dredged material into the pond.

1.8.1 USACE. The contractor shall meet with the Government, to review and discuss the WWTP, conditions of the water, observations, and submittals as required in the PWS.

1.8.2 Indiana Department of Environmental Management (IDEM). The contractor shall coordinate, communicate, and report to the IDEM and/or other relevant regulatory agencies as needed to satisfy regulatory requirements related to operating the treatment plant and discharging treated water. This includes enabling the certified operator to submit NPDES monthly discharge reports on the IDEM NETdmr, meeting all requirements in the NPDES permit, reporting and remedying permit violations, and as requested, participation in meetings and responses to comments necessary for providing information related to the treatment processes, reporting, and/or analytical results. To access NetDMR, the contractor must create a new Central Data Exchange (CDX) account (https://netdmr.epa.gov).

1.8.3 Dredging contractor. The Contractor shall cooperate and coordinate with the dredging contractor as required during the dredging/sediment placement period. Coordination may include but is not limited to, sharing use of the decant structures, the CDF dikes, the canal wall (dock face), and decontamination pad. Coordination may also include timing of treatment (for example, water treatment and dredging/sediment disposal will not be concurrent in the same CDF cell due to water quality during sediment disposal).

1.8.4 Dike expansion contractor. The IHC dike expansion is expected to be complete by spring/summer 2024. If there is no change to this schedule, dike expansion activities are expected to minimally impact WWTP activities, The COR shall inform the contractor of dike expansion schedule changes that may impact WWTP activities.

1.9 Security Requirements: The Government will conduct a security briefing during a scheduled preconstruction meeting after contract award. The Contractor shall ensure that all employees, both his and any subcontractor know the following requirements and that the Government only grants permission for use of the premise for the purpose of the contract.

1.9.1 Installation Access: Only authorized personnel may access the site, its buildings, and controlled areas. The Contractor shall work with the FM to obtain ProxCard II access cards for the entrance gates and the Administration Building within the first 60 days from contract award. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with installation access requirements. Failure to submit required information/data and obtain required documentation will be grounds for denying access to the site, its buildings, and controlled areas. Upon termination or cancellation of this contract, the Contractor shall return all installation access cards to the FM within 5 business days (Deliverable 1).

1.9.2 Installation List: The Contractor shall submit to the Contracting Officer, via the COR, a list of all contractor and subcontractor personnel who may access the installation within 3 business days after contract award (Deliverable 2). The list must contain the name of the personnel and identify whether they are a prime or subcontractor employee. The Contractor shall keep the list updated as employees are added or removed. Upon request by the Government or within 5 days after any changes to the log, the Contractor shall submit an updated Installation list to the COR. The Government will use this information to perform background checks on personnel requiring access to the installation.

1.9.3 Identification of Contractor Employees: All Contractor personnel must identify themselves as a Contractor by properly marking signature blocks in correspondences, and to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.9.4 Physical Security. The CDF is a secured government location with an 8-ft high chain-linked fence with barbed wire on the north and west sides of the property. An 8-ft high concrete wall secures the east side. The site has an intercom access system at the north and south gates along Indianapolis Boulevard with video surveillance cameras installed around its facilities. The south side of the site is the dockface along the Indiana Harbor Ship Canal; this side of the site is not fenced. The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. The Contractor shall ensure all doors or gates close and lock after each use. Both gates delay 15 seconds before closing upon entering/exiting the site. The Contractor is responsible for preventing “tailgating” access to the site.

1.9.5 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 5 business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. (Deliverable 3) The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels IAW applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Prior to the start of work on site, the Government will conduct a security briefing for Contractor personnel; personnel are not allowed to work onsite without a security briefing. The Government will issue two access cards to the Contractor based on a security clearance review. The number of cards issued to the Contractor will be held to the least number practicable. Access will be restricted to only those gates and building areas to which each individual card holder, because of job function, has a demonstrated need of access. Abuse in the use of such access cards, as solely determined by the Government, will result in revocation of access rights for that individual. All cards are for the individual use of the card holder and may not be lent to or used by anyone other than the card holder. Any lost or misplaced cards must be immediately reported to the FM. A replacement card may be issued and a charge assessed the Contractor for the cost of the lost card replacement.

The Government maintains a visitor logbook in the Administration Building which shall include entries for each visitor to the site exclusive of those holding duly access cards. This log will require the individual's name, company the individual represents, the purpose of the site visit, the date, the time of entry and the time of departure for each work day. All such site visits must be under the direct supervision of the Contractor or Subcontractor's representative. It shall be the sole responsibility of the Contractor or Subcontractor's representative to verify the identity of the person requiring admittance, facilitate access to the site, log the visitor in and out and accompany the visitor for the duration of the visit. A representative for the Government may require persons requiring admittance to be accompanied by a Government representative or one of the Contractor's representatives.

The Contractor shall secure and be responsible for any losses associated with its own property and with Government Furnished Property regardless of location, except in the case where a Government representative through its willful or negligent acts, is the proximate cause of a loss suffered by the Contractor.

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

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

1.9.8 Pre-screen Candidates using E-Verify Program:

a) Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws IAW FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than 3 business days after the initial contract award. (Deliverable 2) When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

b) 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 all contractors working on this contract have two valid forms of Government issued identification prior to entering the information in E-Verify. The vendor must ensure the correct information is entered into the E‐verify system. An E-Verify verification sheet for each verified/eligible contractor candidate, working on this contract, must be provided to the COR no later than 3 business days after the initial contract award. (The purpose of using E-Verify is to ensure all contractors are U.S. citizens or documented foreign citizens with authority to work in the United States of America). The COR will forward the verification sheets to the USACE, Chicago District Security Office for validation.

1.10 Classification of IHC CDF as a Dam: The IHC CDF is operated as a ponded facility with at least 2 feet of water maintained over the impounded dredged material for air emission control. Because of the intentional ponded operation of the CDF and the saturated, potentially liquefiable sediment, the facility in effect functions as a dam and dam safety management practices will be applied throughout the lifecycle of the CDF, including but not limited to the requirement of routine surveillance and monitoring, and annual inspections in accordance with ER 1110-2-1156 and ER 1110-2-100. The facility has been listed in the National Inventory of Dams (NID) by the Indiana Department of Natural Resources under NID No. IN04071. The CDF has been assigned a dam hazard classification of HIGH based on the findings of the first Periodic Assessment of the facility in 2015. An Emergency Action Plan (EAP) is in effect for the site, and training of site personnel to recognize and report dam safety concerns is required. Daily dam safety awareness is required for all personnel working on site.

A 2-hour dam safety orientation is required for all onsite personnel. The contractor shall request this orientation one month in advance to coincide with initial mobilization to the site.

The Contractor is required to remain vigilant for erosion on the interior slopes of the CDF dike, especially of waterline erosion that may lead to scarp development. Daily inspection of temporary pipes placed over the dike for signs of leakage is required to protect against crest and slope erosion. The Contractor shall monitor for signs of seepage on the downstream side of the perimeter dike. Wet areas along the toe could be from poor site drainage but should be checked for evidence of seepage (active flow or turbidity, and sand boils). Observation of any of these or other suspect conditions shall be reported immediately to the Government. These concerns will be discussed in more detail during the dam safety orientation.

The Contractor is required to read staff gages mounted on the east and west decant structures daily while water is being withdrawn from the CDF for treatment or when effluent is recirculated back to the CDF. The Contractor will be briefed on how to read the staff gages during the dam safety orientation. Notify the Government if the difference between the east and west cell pools reaches 7 ft, if either pool level drops more than 0.2 ft over a 24-hour period, or if the pool in either cell reaches the current maximum operating limit of 604.5 ft NAVD88 (604.9 ft gage). The Contractor will be notified of pending increases to the maximum operating limit when they are adopted.

1.11 Safety: The contractor shall be liable for all personnel injuries and damage that result from their negligence or failure to follow safety/health guidelines. The contractor shall take proper safety and health precautions to protect work, the workers, the public, and the property of others, to include appropriate insurance. The following provides information pertaining to Safety:

1.11.1 Safety Laws and Regulations: The Contractor shall comply with all applicable federal, state, and local laws, regulations, ordinances, codes, and orders relating to safety and health to include U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual (EM 385-1-1)). In addition, the Contractor shall comply with all requirements in Specification Attachment 5 Section 01 35 26 and Specification Attachment 6 Section 01 35 29.13, including the submission of all required submittals in the Specification Attachments.

Per Specification Attachment 5 Section 01 35 26, submit the following Deliverables/ Submittals as required (description of the submittals/deliverables are in Specification Attachment 5):

Preconstruction Submittals Accident Prevention Plan (APP); (Deliverable 9) Test Reports Monthly Exposure Reports (Deliverable 29) Notifications and Reports (Deliverable 30) Accident Reports; (Deliverable 31) LHE Inspection Reports (Deliverable 32) Certificates Crane Operators/Riggers Standard Lift Plan; (Deliverable 33) Critical Lift Plan; (Deliverable 34) Activity Hazard Analysis (AHA); (Deliverable 35) Confined Space Entry Permit; (Deliverable 36) Hot Work Permit (Deliverable 37) Certificate of Compliance (Deliverable 38) License Certificates (Deliverable 39) Radiography Operation Planning Work Sheet; (Deliverable 40) Portable Gauge Operations Planning Worksheet; (Deliverable 41)

Per Specification Attachment 6 Section 01 35 29.13, submit the following Deliverables/ Submittals as required (description of the submittals/deliverables are in Specification Attachment 6):

Shop Drawings Work Zones; (Deliverable 42) Decontamination Facilities (Deliverable 43) Product Data Amendments to the APP/SSHP (Deliverable 44) Exposure Monitoring/Air Sampling Program (Deliverable 45) Site Control Log (Deliverable 46) SSHO’s Daily Inspection Logs; (Deliverable 47) Certificates Certificate of Worker/Visitor Acknowledgement (Deliverable 48) Closeout Submittals Safety and Health Phase-Out Report (Deliverable 49)

Site information is provided in Specification Attachment 1 Section 00 31 24.13, Specification Attachment 2 Section 00 31 32.13, Attachment Table 1, Attachment Table 1B. All hazards potentially present at the site may not have been characterized. During the performance of work, the Contractor shall comply with local procedures prescribed for control and safety of persons visiting the site, and the attached IHC specific EPA Risk-Based approval documents, IDEM related documents, and premobilization deliverables. The Contractor shall ensure their primary and subcontractor personnel are familiar with safety requirements.

a) Notice Requirements. The Contractor shall immediately notify the COR of any Safety issues.

i. The Contractor shall advise the FM and post notices in areas established requiring special safety restrictions, such as storage areas and work area limits (Deliverable 4), so Government personnel know the purpose of those restrictions to not disturb them. compliant with EP 310-1-6a and EP 310-1-6b USACE Sign Standards Manuals.

ii. The Contractor shall report all personal injury accidents requiring level of treatment beyond first-aid, loss of time, and property damage over $2,000. Accidents shall be reported to the FM within 4-hours of the contractor becoming aware of its occurrence (Deliverable 26). Notification will include contractor name; contractor title; name of activity, installation, or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of construction equipment used, PPE used, etc.). The Contractor shall record all accidents on USACE ENG Form 3394 (access link to form). https://www.publications.usace.army.mil/USACE-Publications/Engineer-Forms/?udt_43543_param_page=2. Instructions for completing the form can be obtained from the Chicago District’s Chief of Safety.

iii. The Contractor shall submit a list of the hazardous materials and National Stock Number or Special Item Number, and Material Safety Data Sheets, in compliance with FAR 52.223-3, “Hazardous Material Identification and Material Safety Data.” to the COR within 30 business days of award, or when changes to the list occur (Deliverable 5).

b) Personal Protection Equipment (PPE). The Contractor shall ensure all prime and subcontractor personnel wear proper PPE when performing work on-site. A Personal Flotation Device Type II is required when working within 6-ft from the upstream edge of all dike crests, within 6-ft of the dock face and inside a boat. Due to the contaminated sediment stored in the ponds, disposable coveralls are required when working in the ponds. In areas where construction, demolition, alteration, building, or similar related activities take place on-site, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

i. Short sleeve shirt;

ii. Long trousers;

iii. Steel-toed safety boots; and

iv. Hard hat.or safety helmet

1.11.2 Insurance. IAW FAR 52.228-5, Insurance-Work on a Government Installation, the contractor shall submit proof (Deliverable 6) of having the following insurance within 10 days after receiving a task order for mobilization of equipment and shall continue to carry such insurance until the equipment is demobilized from the site. The Government will not issue a notice to proceed for mobilization until the Contracting Officer receives proof of insurance.

Comprehensive General Liability (Occurrence policy form only) Amount

Comprehensive Automobile Liability (Including Hired Automobile Liability and Non-Owned Automobile Liability)

Employers' Liability Each Occurrence

$500,000

Workers Compensation (As required by state law or Federal law

Umbrella Liability (Occurrence policy form only) Each Occurrence and Aggregate $5,000,000

1.12 Environmental Compliance: The following provides information on Environmental Compliance.

1.12.1 Federal and State Environmental Regulations: The Contractor shall comply with all Federal, State, local requirements, the attached IHC specific USEPA TSCA Risk-Based approval documents, IDEM NPDES permit, Air Registration, and premobilization deliverables. The contractor shall, without any additional expense to the government, be responsible for obtaining and complying with any necessary licenses and permits. The Contracting Officer shall notify the Contractor in writing of any observed noncompliance with Federal, State, or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken.

a) The IHC CDF’s IDEM NPDES Industrial Discharge Permit expires August 31, 2026. The Government will apply for permit renewal and will provide the new NPDES permit to the Contractor via a contract modification. The Contractor shall operate the WWTP to comply with the current NPDES permit and the replacement permit.

b) The contractor shall provide a current State of Indiana licensed operator as required per the NPDES permit. Contractor shall submit a copy of the operator’s license with their proposal and within 3 business days after any renewals (Deliverable 7) to the COR and FM.

c) The Contractor shall comply with the “No Exposure Certification for Exclusion from NPDES Storm Water Permitting” and the terms and conditions of 40 CFR 122.26(6). All industrial materials and activities must be protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Specific requirements for the IHC CDF include the following:

i. To minimize spills or tracking of materials onto clean surfaces of the site, all machinery, vehicles, and equipment servicing, cleaning, and re-fueling must be performed off-site, in the garage, the crane pad, debris pad, or decontamination station, or at a portable secondary containment unit provided by the contractor

ii. A Contaminant Prevention Plan (Deliverable 13) and Spill Control Plan (Deliverable 13) must be developed, maintained, and followed with regular training provided to staff.

iii. All bulk materials must be containerized in sealed containers during storage, to prevent accidental spills, and stored at the material storage pad. All containers must be properly labled and must use secondary containment.

iv. All contaminated water transfer (including plant backwash) must have secondary containment, such as double walled pipelines.

v. Decontamination must occur at the decontamination pad.

vi. No wastewater may be discharged from the site except water that is discharged following the requirements of the NPDES permit for point discharges for the site

vii. Contractor generated waste, including but not limited to: solid waste, chemical waste, hazardous waste, hazardous materials, waste fuel or oil, oil booms, treatment plant spent materials such as activated carbon and filter media, shall not be placed/disposed off in the CDF.

1.13 Protection of Government and Contract Information and Site: Per Public Use Notice of Limitations stated by Defense Imagery Management Operations Center and contained at www.dimoc.mil/resources/limitations/, the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools that include its company website.

1.14 Quality.

1.14.1 Quality Control. The contractor’s existing quality assurance system shall be utilized IAW FAR 12.208. Additionally, the contractor shall comply with FAR 52.246-11, Higher Level Contract Quality Requirement, the contractor shall submit a SAP prepared IAW EM 200-1-3, DOD Environmental Field Sampling Handbook, UFP QAPP documents (DTIC ADA 427785, DTIC ADA 426957) and DOD QSM. Contractors may tailor the Optimized UFP-QAPP Worksheets or UFP QAPP DoD: DTIC ADA 427486 template. (Refer to SAP under premobilization deliverables) Comply with Specification Attachment 3 Section 01 35 45 Chemical Data Quality Control.

1.14.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract IAW the Government’s Quality Assurance Surveillance Plan (QASP). This plan primarily focuses on what the Government must do to ensure that the Contractor has performed IAW the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.15 Notice to Proceed: The effective date of the acceptance of the initial task order award will constitute the date of notice to proceed for the Contractor to start with Premobilization Submittals (Deliverables 8 through 16) as listed on the Deliverables Table in Technical Exhibit B. The full ability to proceed with additional task orders is dependent upon the acceptability of the Premobilization Submittals/Deliverables.

1.16 Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

PART 2: DEFINITIONS & ACRONYMS

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer – means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified IAW this instruction. For example, local terminology can be COR, Contracting Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means a service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Government-furnished Property – As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Property - means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Including – means included but not limited to.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quarters - means: First quarter - January through March; Second quarter - April through June; Third quarter - July through September; and Fourth quarter - October through December.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

PART 3: GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: The Government will provide COR and FM contact information for Contractor’s primary point for communication.

3.2 Facilities: The Contractor will have access to the site facilities, with limited use.

3.2.1 The Contractor will have access to the Administration Building during his operation hours, use of the bathrooms, kitchen, lockers in a locker rooms, the conference room, and laboratory room.

a) The conference room may be used to conduct work under this contract. Check with the FM for its availability prior to use.

b) Laboratory room- for performing onsite real-time testing and storage of testing equipment as needed.

c) Two cubicles are available for contractor use including a desk, chair, and cabinet space in each. A desk phone or internet service is not provided. Additional workstation space is available upon request.

3.2.2 The Contractor may use the decontamination pad, near the crane pad, for decontaminating equipment and personnel. Contracor shall coordinate with the COR and other site contractors prior to use. A Decontamination Building equipped with a powerwash sytem and emergency decontamination trailer is also available as necessary. The Contractor shall maintain proper flow into the pavment drainage structures after each use.

3.2.3 The Government may permit the Contractor to use available yard space onsite:

a) For storing chemicals used in performance under this contract, provided that the Contractor submitted acceptable Contaminant Prevention and Spill Control Plans. The Contractor will need to request and coordinate with the FM any additional space needed for storage of equipment and materials outside of the WWTP area identified on the attached set of Civil Drawings.

b) WWTP Area. The Contractor shall prepare the area designated for the water treatment plant as required to support the treatment plant equipment. Refer to the contract Drawings (provided as Contract Drawings Attachment) for location of the WWTP area. The contractor’s piping between the CDF and the treatment plant will have to cross the site’s main perimeter road and access road on top of the CDF dike. The Contractor shall protect his piping from traffic and the piping shall not interfere with traffic on the roads.

c) Area between the Canal Wall and the South Access Road. The Contractor may use the area directly south of the WWTP area for placement of the discharge pipe of treated water to the Canal. The Contractor shall protect his piping from traffic and the piping shall not interfere with traffic on the road. The south access road shall be limited in use by vehicles not to exceed two-axle vehicles with a maximum weight of 6,000 pounds.

3.2.4 The Contractor may use the existing non-hazardous waste dumpster near the visitor’s parking lot for personal refuse and trash accumulated from occupying the Administration Building.

3.2.5 CDF Decant Structures and Stop Logs. Operate the stop logs in the decant structures as appropriate to minimize entrainment of oil and suspended particles in the CDF effluent. Contractor shall confirm storage location of the stop logs with the FM. The contractors bears the risk of placement of equipment such as pumps placed on the decant structures and bridges that block access; if blocking access, the Government may require the Contractor to remove such equipment. The decant structure bridge grating is galvanized steel with welded rectangular grating conforming to standards of National Association of Architectural Metal Manufacturers. Heavy duty rectangular steel bar gratings have bearing bars spaced at a maximum of 15/16-in and crossbars are spaced at a maximum of 2-in. Grating material conforms to ASTM A 36/A 36M. Grating was sized for AASHTO H20-44 wheel loading of 16-k per wheel at 14-ft on center and also for one concentrated load of 61,000-lbs acting on the structural steel to accommodate outrigger loads. Bridge has a maximum deflection of L/240. Slip resistance requirements exceed both wet and dry a static coefficient of friction of 0.5 as tested in accordance with ASTM F 1679A. Storage of equipment on the decant structure bridge shall be subject to approval by the COR with regards to weight and loading on the bridge.

Utilities: Site utilities, such as water and electricity, are available to the Contractor while using the Administration Building.