Amendment_1_to_Solic.pdf

W912P9-16-B-0002

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

Amendment 0001 is to:

1) Add Sustainability clauses for Green Procurement.

2) Revise Sections 7.4.2 and 8.10 for SOW dated 26 Feb 2016

3) Revise Appendix A

4) Add Appendix I - Mow ing Required Document Checklist (List is not all inclusive)

The POC for this Amendment is Karla Babb at 314-331-8511 or karla.l.babb@usace.army.mil.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

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

16C. DATE SIGNED

BY 26-Feb-2016

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 W912P9-16-B-0002

X 9B. DATED (SEE ITEM 11)

01-Feb-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

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

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

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

26-Feb-2016

CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by reference:

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

The following have been added by full text:

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.

8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferredgov.

(c) In the performance of this contract, the Contractor shall--

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than--

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

(a) Definition. As used in this clause--

Energy-efficient product—

(1) Means a product that--

(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or

(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program.

(2) The term ``product'' does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).

(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR products or FEMP-designated products) at the time of contract award, for products that are--

(1) Delivered;

(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(3) Furnished by the Contractor for use by the Government; or

(4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless--

(1) The energy-consuming product is not listed in the ENERGY STAR Program or FEMP; or

(2) Otherwise approved in writing by the Contracting Officer.

(d) Information about these products is available for--

(1) ENERGY STAR at http://www.energystar.gov/products; and

(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html.

(End of clause)

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

SECTION C-WORK STATEMENT

SECTION C

DESCRIPTION/SPECS/WORK STATEMENT

SPECIFICATIONS FOR MOWING AND GROUNDS MAINTENANCE SERVICES

26 February 2016

1. GENERAL

1.1 SCOPE OF WORK. This is a Indefinite Quantity Contract that shall consist of furnishing all equipment, material, supplies and labor required to perform vegetative control, tree planting and grounds maintenance in recreational and administration areas and/or other areas set forth in the attached appendices as specified herein and as directed by the Contracting Officer or his/her authorized representative. The terms "Vegetative Control" and "Grounds Maintenance" include, but are not limited to mowing, trimming, brush removal up to 6” in diameter, rotary cutting, vegetation control (herbicide application) in riprapped areas, waste water treatment lagoons, unmowable areas, along guard rails, fences, sidewalks, impact sites, beaches, parking lot areas, and along roadways, grass seeding, fertilizing, balled & burlapped tree planting, hazardous tree removal, stump removal, tree limb removal and trail mowing. Work items are addressed separately in these specifications only for the purpose of describing an end product for the work to be accomplished. Contractor shall assure that all work is accomplished in accordance with contract requirements, all applicable laws, regulations and/or written directives issued by the Contracting Officer or authorized representative. All work shall be performed to the satisfaction of the Contracting Officer or authorized representative.

1.2 DEFINITIONS. As used throughout this description/specification, the following terms shall have the meaning set forth below:

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

b. CONTRACTOR REPRESENTATIVE - a foreman or superintendent, assigned to represent the interests of the Contractor with regards to all matters involving the contract.

c. CONTRACTING OFFICER (CO) - the term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.

d. CONTRACTING OFFICER’S REPRESENTATIVE (COR) - An individual designated by the Contracting Officer to act as his/her representative to assist in managing the contract.

e. QUALITY CONTROL - the term "Quality Control" refers to action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to ensure they meet the specifications and requirements of this contract.

f. QUALITY ASSURANCE - the term "Quality Assurance" refers to action taken by the government to ensure the Contractor's quality control system is functioning and effective, and the Contractor is providing services, which are in accordance with this contract.

g. Q.A.S.P. - Quality Assurance Surveillance Plan. This is a detailed plan defining Government inspection methods.

h. C.D.R. - the Control Deficiency Report is a written record of unsatisfactory performance by the Contractor as documented by the Quality Assurance Inspection.

i. IMPACT PAD OR SITES - The terms "impact pad" or "impact site" shall be construed as all graveled, wood chip or concrete areas around playground equipment, picnic tables, grills, camp pad areas using gravel or wood chips as the impact material and timbers or concrete as a perimeter.

j. FULLY CLOTHED - The term "fully clothed" shall be construed as, at a minimum, contractor and employees must wear short sleeved shirts without abusive language and/or pictures, safety shoes as stated in EM 385-1- 1, "Safety and Health Requirements Manual", and long pants without holes. No shorts will be allowed.

k. LITTER - refers to, but is not limited to, garbage, trash, debris, paper, metal, plastic, cigarette butts, glass, bottle caps, pull tabs, food, animal remains, driftwood, tree limbs, sticks, grass, vegetation growth, dirt, gravel, mud, sand, rocks, algae, moss, ashes, charred wood, and/or any other foreign material.

1.3 CONTRACT AREA AND LIMITS. Areas to be maintained will be specified in Appendix B. General location maps are available at the Rend Lake Project Office, 11981 Rend City Road, Benton, IL 62812, where they can be inspected at any time between 8:00 AM and 3:00 PM, Monday through Friday (except holidays).

1.3.1 WORK PERIOD. The services listed herein shall be in accordance with Section C.

1.3.2 AREAS TO BE SERVICED. The areas to be serviced will be as specified in Appendix B.

1.3.3 SERVICING SCHEDULE. Services will be performed as per the schedule provided by the Contracting Officer.

1.4 UTILITIES. The Contractor shall provide all water and electricity required in the performance of this contract when it cannot be obtained from Government sources. During the winter months and during repair operations water and electricity may be unavailable. Water and electricity may be obtained and utilized by the Contractor from government sources within the recreation areas at no cost to the Contractor or from other sources approved by the Contracting Officer. If water or electricity is obtained from sources other than the Government, all arrangements and payments, if any, shall be the responsibility of the Contractor. The absence of a government water or electric source will not relieve the Contractor of obligation to provide services as scheduled for any facility or area. Raw lake water shall not be used for mixing.

1.5 SAFETY. All equipment used and work performed shall be in accordance with safety requirements set forth in the most up to date United States Army Corps of Engineers Safety Manual, EM 385-1-1, entitled, "Safety and Health Requirements Manual", and all other current revisions. Copies of the Safety Manual are available online at the USACE publications site: http://www.publications.usace.army.mil/. Any unsafe work and/or actions will be stopped immediately. All equipment or materials found not to be in conformity with the requirements of EM 385-1-1 shall be removed from Government property immediately. It is the responsibility of the Contractor to assure compliance with the safety provisions of this solicitation.

1.5.1 EM 385-1-1. In order to provide safety controls for protection to life and health of employees and other persons, for prevention of damage to property, materials, supplies, and equipment, and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of EM 385-1-1, and shall also take or cause to be taken such additional measures necessary for that purpose. Compliance with the provisions of this clause by employees and subcontractors will be the responsibility of the Contractor.

1.5.1.1 CPR. In accordance with EM 385-1-1, the Contractor must have at least two employees on each shift who are qualified to administer first aid and cardiopulmonary resuscitation (CPR) when the total number of employees on that shift is equal to or greater than two. Proof of qualification must be submitted to the Contracting Officer within 30 calendar days of contract award and within 30 calendar days when new CPR qualified employees are hired.

1.5.2 CORRECTIVE ACTION. Any Corps of Engineers employee may notify the Contractor of any noncompliance with the provisions of this clause and any corrective action required. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his/her representative at the site of the work, shall be deemed sufficient to take immediate action. If Contractor fails or refuses to comply promptly, any Corps of Engineers employee may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall make no part of the time lost due to any such stop orders the subject of claim for extension of time or for excess costs or damages.

1.5.3 PROJECT SAFETY AND HEALTH PLAN. Contractor is required to develop and submit a detailed, written safety and health plan, which includes a hazard analysis, an accident prevention plan, an indoctrination and training plan, and a hazard communication plan (reference EM385-1-1). This plan must indicate in detail the general policies and procedures for safe operation in the accomplishment of this contract. The plan shall show how the Contractor intends to perform all services in full compliance with the safety and health requirements set forth in EM 385-1-1, entitled "Safety and Health Requirements Manual". Contractor shall submit the safety and health plan to the Contracting Officer for approval a minimum of five (5) working days prior to the commencement of services under this contract. If the plan is judged not to be adequate and is disapproved by the Government, the Contractor must revise the plan and submit it to the Contracting Officer for acceptance within five

(5) working days.

1.5.4 MISHAP REPORTING. A mishap constitutes an incident or act involving the Contractor, which may or may not have caused obvious damage to persons or property. All mishaps shall be reported to the Contracting Officer within 24 hours of the occurrence. All serious mishaps (those resulting in death or injury requiring medical attention) shall be reported immediately. All mishap reporting shall be in accordance with

EM385-1-1, MISHAP REPORTING AND INVESTIGATION.

1.5.5 SAFETY EXPOSURE REPORTING. The Contractor shall maintain an accurate record of, and shall submit a monthly "SAFETY EXPOSURE REPORT" to the Contracting Officer in accordance with EM385-1-1 and the manner as prescribed at the pre-work conference. The report will cover hours worked during the previous month, accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies, and equipment necessary to perform work under this contract. The report will be submitted the first day of the month with contractors invoice.

1.5.6 SAFETY VESTS. All personnel working in close proximity to vehicular traffic with no protective barriers are required to wear a reflective vest as required in EM 385-1-1, and American National Standards Institute/International Safety Equipment Association 107 Requirements.

1.6 VEHICLES. All vehicles utilized under this contract shall be presentable, serviceable, must meet all safety requirements set forth in EM 385-1-1, and shall comply with all applicable state and federal motor vehicle regulations. All systems and body panels that were installed at the time of manufacturing, i.e. fenders, brakes on all wheels, speedometers, gas gauges, complete exhaust systems, etc., shall be in good working condition with no malfunctioning parts.

1.6.1 IDENTIFICATION OF CONTRACTOR VEHICLES. All Contractor vehicles shall be identified with the company name or logo, type of business, address, and phone number conspicuously displayed on both sides. Professionally done hand lettering, magnetic signs, or pressure sensitive decals with 2" or larger lettering may be used to comply with this specification. The signs shall be subject to the approval of the Contracting Officer and will be provided for review within 30 calendar days of contract award (Appendix C).

1.6.2 The Contractor shall not drive off the paved or gravel access roads onto the grass at any time without prior approval of the Contracting Officer.

1.6.3 No vehicles shall be left unattended for any extended periods of time at any recreation area or elsewhere without prior approval of the Contracting Officer.

1.6.4 Vehicles shall be operated in accordance with posted regulations and traffic control signs.

1.6.5 All vehicles utilized under this contract for services along roadways in the recreation areas, adjacent county/township roads, and along the main dam shall use a bright rotating or strobe, amber light. The Contracting Officer must approve this light prior to commencement of work. Any light(s) that are deemed unsafe by the CO shall be replaced with an approved light(s) immediately. Any vehicle that is not parked in a designated parking space in the recreation areas shall utilize their hazard lights (four-way flashers).

1.7 OMISSIONS. This contract may duplicate or not cover all specified activities, steps, and/or procedures required to accomplish contract work. In case of omission, the normal industry standards, practices, specifications and/or guides shall prevail. In no instance shall an omission be a reason to perform inferior work, produce a less than acceptable product or service, or to refuse to perform an intended activity.

1.8 OTHER CONTRACTORS. The Contractor's attention is called to the fact that other Contractors and Corps of Engineers employees may be in the area for the purpose of performing duties. The Contractor will cooperate fully with all Contractors and Corps of Engineers employees in the area and shall not impede the work of other Contractors and Corps of Engineers employees in any way.

1.9 DAMAGES. The Contractor is responsible for taking any action necessary to protect all supplies, and property, including material and supplies issued by the Government to accomplish a job, against damage, theft, or loss. Government assumes no responsibility for loss or damage to any material, supplies, or property after it is received by, or in the possession of the Contractor. The Contractor, at no cost to the Government, shall replace any Government property lost or stolen due to negligence of the Contractor.

1.9.1 The Contractor shall use reasonable care to avoid damaging buildings, equipment, and vegetation on property. The Contractor shall replace or repair the damage at no expense to the Government within a time frame approved by the Contracting Officer. If the Contractor fails or refuses to make such repairs or replacement, within the time frame, the Contractor shall be liable for the cost to make the repair or replacement, which will be deducted from the contract payment.

1.10 SECURITY.

1.10.1 ANTI-TERRORISM (AT) LEVEL I TRAINING. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training will be made available by the COR upon the contract start date.

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

1.10.3 SUSPICIOUS ACTIVITY REPORTING TRAINING (e.g.iWATCH and/or CORPS WATCH, and/or SEE SOMETHING, SAY SOMETHING). The contractor and all associated sub-contractors shall brief all employees on the local suspicious activity reporting program (training standards provided by the requiring activity AT Officer). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR, project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR no later than 5 calendar days after completion of the training.

1.10.4 OPERATION SECURITY (OPSEC) TRAINING. All new contractor employees will complete Level I OPSEC training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The Contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer if a COR is not assigned, within 5 calendar days after completion of training. OPSEC awareness training will be made available by the COR upon the contract start date.

1.10.5 CONTRACTOR/CONTRACTOR EMPLOYEES WILL BE ESCORTED IN AREAS

WHERE THEY MAY BE EXPOSED TO CLASSIFIED and/or SENSITIVE MATERIALS and/or SENSITIVE OR RESTRICTED AREAS. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.10.6 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM. The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

1.11 WORK SCHEDULE

1.11.1 SCHEDULE REQUIREMENT. The Contractor shall be required to perform complete vegetative control and grounds maintenance assignments in accordance with Section B. Note: Each type of mowing (Level I & II) vista maintenance, tree planting and other items found in the grounds maintenance section can be scheduled in separate or joint "Notices to Proceed". All work can be ordered to be performed separately, to overlap starting and completion dates, or all work can be assigned to be performed simultaneously. The contractor must obtain a sufficient number of employees and equipment necessary to complete all assignments within the times specified on each notice to proceed. (See Section C, Paragraph 2.1)

1.11.2 The Contracting Officer or authorized representative shall notify the Contractor a minimum of 24 hours prior to commencing a vegetative control or grounds maintenance assignment. A written schedule shall be issued by the Contracting Officer to the Contractor notifying the starting date and the sequence of vegetative control and ground maintenance areas. All assignments shall be started on the assigned starting date and be completed no later than the completion date. In the event of inclement weather or unsuitable ground conditions, the Contractor may request an extension for the time of the delay. When accepted, the Contracting Officer will grant fair and reasonable time extensions. However, the Contractor will be expected to continue work during brief rain showers, or when rain totals do not severely affect ground conditions. The Contracting Officer's Representative will make the final decision on whether the ground conditions are suitable for mowing or grounds maintenance work to continue.

1.12 CONTRACT AREA. Areas to be maintained will be as specified in Appendix B. General Location maps are available at the Rend Lake Project Office, 11981 Rend City Road, Benton, IL 62812 where they may be viewed at any time between 8:00 AM and 3:00 PM Monday through Friday, except on Holidays.

1.13 CAUTION. The work area is located in heavily used recreational areas. The term "heavily used" shall be construed as areas receiving frequent use by hikers, bicycle traffic, motor vehicles, campers, and day use activities. All bidders are encouraged to attend a pre-bid conference and inspection. The contractor must mow and trim each occupied site, including campsites and picnic areas using extreme caution.

NOTE: Failure to mow any area because of occupancy will not be accepted.

1.13.1 It shall be the Contractor's responsibility in the course of performing the contractual work to guard against destruction, injury, defacement, removal or any alteration of public property including, but not limited to developed facilities and vegetative growth. In the event that the public claims that personal property is damaged, it shall be the Contractor's responsibility to notify the Contracting Officer of the incident within 24 hours.

The Contractor shall be responsible for repairing or replacing damaged property to the satisfaction of the Contracting Officer. Work shall be completed within twenty-four hours of the incident, or, as agreed upon by the COR. If the Government has to make necessary repairs or replacements, the charge will be deducted from the next invoice received from the Contractor.

1.14 ELECTRONIC COMMUNICATION. The Contractor shall be equipped with a working cellular telephone to allow for communications between the Contractor Representative and/or Quality Control inspector and Government personnel during times when services under this contract are being performed. A telephone number or numbers must also be provided where persons of authority within the Contractor's organization can be reached during non-duty hours.

2. PERSONNEL

2.1 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the specified services properly and efficiently within the time limits specified.

If the Contractor is unable to accomplish work in accordance with the requirements of this contract within the times specified, he shall immediately obtain additional personnel as necessary to fulfill the requirements of this contract.

NOTE: Growing rates vary depending on weather conditions; the contractor is expected to employ additional personnel to accomplish all assignments within the time specified.

2.2 EMPLOYEE CONDUCT. The majority of work will be performed in the presence of the general public. Thus, the conduct of all contractor employees is critical and will be closely monitored. The Contractor shall be responsible for ensuring that their employees strictly comply with all Federal and State laws. Any illegal or criminal activity may result in the removal of Contractor employee(s) from the project. Any public complaints on contractor employee(s) behavior will result in removal of the employee(s) from the project. (See Section C.2.3)

2.2.1 The Contractor or employees, while working on this contract, shall not consume or be under the influence of alcohol and/or drugs.

2.2.2 All workers are to be fully clothed, in accordance with Section C.1.2.j, FULLY CLOTHED & EM 385-1-1, "Safety and Health Requirements Manual", and maintain a neat and clean appearance.

2.2.3 While working on this contract, all workers shall have some form of exterior identification that is easily recognizable to the general public, such as uniforms, hats, t-shirts and/or I.D. badges, to designate them as employees of the Contractor. Prior to beginning work, the Contractor shall submit the identification to the Contracting Officer for approval.

2.3 REMOVAL OF CONTRACTOR EMPLOYEE. The Contracting Officer Representative may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the Contracting Officer, is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee's ability to safely or satisfactorily perform his work.

Refusal to use or wear safety equipment will be grounds for removal. Notification to the Contractor shall be promptly made in writing if time and circumstances permit. Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract, and an immediate replacement will be made as required.

This requirement shall not be made the basis of any claim for compensation or damages against the government or any of its officers or agents.

2.4 SUPERVISION. The Contractor shall establish a defined chain of command including Contractor

Representatives, Quality Control Inspectors, and crew leaders. For the purpose of this contract, it is intended that the Contractor Representative and Quality Control inspectors shall be administrative positions whose responsibility is to ensure compliance with contract specifications. The Contractor Representatives and/or Quality Control personnel shall be required to have a copy of the contract in their possession at all times for referral concerning questions of Contractor responsibility.

2.4.1 CONTRACTOR REPRESENTATIVE. The Contractor shall appoint in writing, subject to the approval of the Contracting Officer, a minimum of two Contractor Representatives to serve as supervisors. A minimum of one Supervisor will be on the job site at all times during scheduled mowing services and have full authority and power to act for the Contractor on items pertaining to overall work performance, management, coordination and supervision, whenever work specified herein is being performed. The Contractor Representative serves as the central point of contact with the Government for performance of all work under this contract. The Contractor Representative shall deal directly with the Contracting Officer for normal day-to-day administration of this contract. These individuals may also serve as Quality Control inspectors (see Section C.2.4.2, QUALITY CONTROL INSPECTOR), provided that their job performance in each category is maintained at an acceptable level to the Contracting Officer.

2.4.1.1 The Contractor shall be responsible for reporting maintenance deficiencies and vandalism of Government facilities either by telephone, electronic communications or completion and submittal of a Maintenance Deficiency Order. The Contractor Representative shall be responsible for ensuring that all Maintenance Deficiency Orders (form LMS 734) are detailed, readable, completed entirely, and submitted to the Contracting Officer. Any maintenance deficiency, which is a hazard to public health or safety, will be reported immediately, all other deficiencies will be reported by 8:00 AM the following day.

2.4.2 QUALITY CONTROL INSPECTOR. The Contractor is responsible for insuring that all work performed under this contract, including any performed by subcontractors, is in accordance with the specifications. To accomplish this, the Contractor shall appoint in writing, subject to the approval of the Contracting Officer, two Quality Control inspectors, who shall be responsible for the requirements set forth in Section C.3, INSPECTIONS.

2.4.3 CREW LEADER. The Contractor shall designate a responsible employee in each work crew to act as work leader, and to complete a daily activity report, which is to be submitted to the Contracting Officer by 8:00 AM the following day on which services are performed under this contract.

2.4.3.1 The daily activity report for each work crew shall include, as a minimum, the following:

- Crew leader's name

- Date

- Crew designation

- List of location, bid item, time completed

- Location of non-serviced items

- List of any damage or vandalism

3. INSPECTIONS

3.1 CONTRACTOR QUALITY CONTROL. The Contractor is required to establish and maintain an adequate quality control system to satisfactorily inspect and ensure that all work performed by the Contractor's organization is in full compliance with this contract. The Contractor shall designate, in writing, Quality Control inspectors, as described in Section C.2.4.2, QUALITY CONTROL INSPECTOR, whose duty shall be to verify contract compliance of all work performed, to include reviewing each work leader's daily activity report to ensure that it is legible, understandable, and complete, and to notify the Contracting Officer of anything requiring his/her immediate attention.

3.1.1 The Contractor Quality Control inspectors shall provide the Contracting Officer with a copy of all Quality Control reports by 8:00 AM of the following day on which services are performed under this contract.

3.2 CONTRACTOR QUALITY CONTROL PLAN. The Contractor is responsible for establishing and maintaining a complete quality control system to insure satisfactory performance of all sections of the contract. This will be assured by the development of a comprehensive Quality Control Plan by the Contractor and supplied to the Contracting Officer at the pre-work conference for acceptance prior to initiating work. If the plan is judged not to be adequate and is disapproved by the Government, the Contractor must revise the plan and submit it to the Contracting Officer for acceptance within five (5) working days.

3.3 GOVERNMENT QUALITY ASSURANCE. The Government will monitor and inspect the Contractor's operation to ensure the Quality Control Plan is in place and is working, and that the Contractor's performance meets all contract specifications. The Government will monitor the Contractor's service performance through a Quality Assurance Surveillance Plan (QASP); see Appendix H, utilizing the 100% inspection method. The Government reserves the right to alter or change the type of inspection plan at its discretion at any time, and to make deductions accordingly. The QASP is included for information purposes only, and will not be made part of any resulting contract.

3.4 REPERFORMANCE AND REINSPECTION. The Government may require the Contractor to re-perform services, which are found to be deficient by the Quality Assurance inspector. Should it become necessary for the Government Quality Assurance inspector to perform re-inspections of defective work that was required to be redone (due to failure of the Contractor's Quality Control system to locate and cure these deficiencies prior to the initial Quality Assurance inspection), there will be a re-inspection charge. These charges will be deducted, in accordance with the QASP, from the Contractor's monthly invoice.

3.5 PERFORMANCE EVALUATION MEETINGS. The Contractor, his/her Contractor Representative, and/or Quality Control inspectors shall meet with the Contracting Officer or his/her representatives as often as determined necessary by the Contracting Officer in order to discuss performance. Mutual effort will be made to resolve any and all problems identified.

4. CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

4.1 GENERAL. Unless otherwise stated, the Contractor shall furnish and maintain all sufficient equipment, materials and supplies required to satisfactorily perform the requirements of this contract. Equipment used to accomplish vegetative control and grounds maintenance shall be suitable to perform the work as described herein. All equipment including but not limited to mowers, trimmers, chippers, saws, rakes, stump grinders, herbicide applicators, tractors, and rotary type mowers shall be equipped with manufacturer's recommended safety protective devices to insure worker and public safety at all times. Equipment shall be inspected daily by the contractor and maintained in good working condition. NOTE: Special equipment may be necessary to safely mow sections of the main dam and toe ditch. All vegetation must be cut in the toe ditch.

4.2 APPROVAL OF EQUIPMENT AND MATERIALS. Prior to commencing work the Contractor shall:

(i) submit to the Contracting Officer or his authorized representative a written statement identifying the grade, type, quantity, mixture, and manner of application of all materials to be used during the contract period and (ii) provide a list of all equipment available to perform the services listed in this contract.

4.2.1 The Contracting Officer or his authorized representative may inspect all equipment, supplies, and personnel at any time when on Government property. Any individual, crew, equipment or supplies found deficient shall be removed from service immediately until such time as deficiencies have been corrected and passed by the Contracting Officer. No such removal will reduce the Contractor's obligation to perform all work required within this contract. This requirement shall not be made the basis of any claim for compensation or damages against the government or any of its officers or agents.

4.2.2 Mowers shall be equipped with slides, wheels, rollers or other approved devices to prevent scalping. All mower cutting blades shall be sharpened or replaced with new blades before each day's use to preclude a ragged or shabby appearance. Level II mowers shall be of suitable size to mow all vegetative growth including brush, sprouts, and trees up to one and one-half inch (1 1/2") caliper. The Contractor's Daily Quality Control Report will include a statement that all blades have been sharpened.

4.2.3 All equipment shall be used in such a manner as to not harm, deface, destroy, remove or alter vegetative growth, developed facilities or property owned by the public. All trimming equipment or methods must be approved by the Contracting Officer.

4.2.4 If the Contractor is unable to accomplish work in accordance with the requirements of this contract within the times specified, he shall immediately obtain additional equipment and employees necessary to fulfill the requirements of this contract. There will be times when mowing Levels I, II, Vista Maintenance, B&B Trees and other Ground Maintenance work will be scheduled concurrently. The Contractor shall employ additional employees and equipment to perform all work as scheduled.

4.2.5 All equipment used to perform work under this contract shall be in good operating and mechanical condition and comply with all requirements of EM 385-1-1. A regular schedule of preventative maintenance shall be followed on all equipment.

4.2.6 All Contractor's equipment, materials, and supplies shall be removed from Government property at the end of each working day unless otherwise approved by the Contracting Officer.

4.2.7 Any changes in equipment must be approved by the Contracting Officer prior to implementation of any such changes.

5. GOVERNMENT FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

5.1 GENERAL. Except as noted below, the Government will not furnish any equipment, materials, or supplies under this contract.

5.2 KEYS. Keys will be provided by the Government. Keys will not be reproduced by the Contractor.

The Contractor will supply, and update as needed, a list of employees who have keys and which keys they have been issued.

5.2.1 If any key(s) are lost and/or not returned, a deduction fee for the actual replacement costs will be made from the Contractors monthly invoice. This includes a deduction for the cost of re-keying all affected locks and/or replacing all affected padlocks.

5.3 WATER AND ELECTRICITY. All water and electricity required in the performance of this contract can be obtained from government sources within the area or from other sources approved by the Contracting Officer or his/her authorized representative. The absence of a government water or electric source will not relieve the Contractor of obligation to provide services as scheduled for any facility or area.

6. MOWING SERVICES SPECIFICATIONS

6.1 SCOPE OF WORK. Work shall consist of furnishing all labor, equipment, and materials necessary to mow, trim, and maintain vegetative control at Rend Lake in accordance with this contract.

6.2 FREQUENCY OF SERVICE (SERVICES SHALL BE PERFORMED AS SCHEDULED BY THE

CONTRACTING OFFICER AND MAY VARY FROM WEEK TO WEEK).

6.3 CHANGES TO SERVICE FREQUENCIES AND/OR FACILITY QUANTITIES. The Government reserves the option, should it become necessary, to decrease, increase or eliminate services, service frequencies and/or facility quantities in any or all recreation areas or portions of recreation areas. The Government may, at any time during the duration of this contract, open or close any recreation area or any portion of a recreation area and add or delete any services in the recreation area. The Contractor shall be given notification to prepare for either contingency. This increase or decrease will be paid for or deducted from the Contractor's monthly invoice in accordance with the bid schedule. In addition, the Contracting Officer may, on special occasions such as major holidays or special events, change or reschedule a service frequency in order to provide for public safety and avoid conflicts with increased visitation. A twenty-four hour verbal notification prior to scheduled work will be given, followed up with written communication.

6.3.1 Occasionally, emergencies and maintenance problems arise that require the immediate closure of a facility. The Contractor shall be verbally notified as soon as possible, with written notification issued within five working days.

6.4 WORK SCHEDULE. The Contractor shall submit to the Contracting Officer for approval a detailed work schedule showing approximate beginning and completion times for services required in this contract listed by work area. The work schedules must be submitted at least five (5) working days prior to the beginning of initial services or as requested by the Contracting Officer. The schedule shall include what equipment and supplies are to be used, the number of employees to be used, which bid items the employees will be performing, the names of Supervisors, Quality Control inspectors, and crew leaders. A detailed schedule of each crew indicating the approximate beginning and ending times for each facility should be included in the plan for each work crew. NOTE:

Each scheduled workday the Contractor shall notify the Contracting Officer or Quality Assurance Inspector by telephone that all items required to be serviced have been completed prior to leaving the project.

6.4.1 The Contractor shall provide with the work schedule, a list of telephone numbers where persons of authority within the Contractor's organization can be reached during non-duty hours.

6.4.2 Accuracy of work schedules is extremely important as it controls the time at which Government Quality Assurance inspections are performed; ensuring that said inspections are done only after the required service has been completed. Any variation or unforeseen change, such as being ahead or behind the approved schedule, must be reported immediately by phone or in person.

6.4.3 Any proposed change to an approved schedule or change of Contractor Representative or Quality Control inspectors must be submitted in writing and approved by the Contracting Officer a minimum of five

(5) working days prior to implementation of the change.

6.5 WORKDAY. Services scheduled to be performed in campgrounds and recreation areas may not commence before 7:00 AM. All campground and recreation area services must be completed by 8:00 PM or sunset (whichever is earlier) on all scheduled workdays. Any variation from this schedule must be approved in advance by the Contracting Officer.

6.5.1 If for any reason, the day's required mowing and grounds maintenance services cannot be completed within the required time frame, the Contractor must notify the Contracting Officer immediately, either by phone or in person, followed in writing within three working days, advising him of the areas not serviced and the reason work was not completed. If sufficient time is available for completion of the uncompleted service prior to the next scheduled performance of the bid item, the Contracting Officer may approve the performance of these items by the Contractor. Deductions for services not performed will be made on the Contractor's monthly invoice in accordance with the bid schedule.

6.5.2 UNUSUAL CONDITIONS. The contractor shall inform the Contracting Officer or Quality Assurance Inspector of any unusual conditions observed, including but not limited to vandalism and rain/storm damage. The contractor shall contact the Contracting Officer or their representative if additional damage is imminent or the problem needs immediate attention. If the condition is not serious, the contractor shall contact the COR by 8:00 AM the following day.

6.6 APPLICABLE PUBLICATIONS. The Contractor shall perform all work in accordance with applicable publications. They include but are not limited to:

MANUFACTURER'S RECOMMENDATIONS:

- For equipment and materials used by the Contractor

- Operating/Maintenance Manuals

INDUSTRIAL STANDARDS AND CODES (LATEST EDITIONS):

- American National Standards Institute

- EM 385-1-1, Safety and Health Requirements Manual of the US Army Corps of Engineers

- OSHA Safety Standards

7. RECREATION AREAS TO BE MOWED AND MAINTAINED

7.1 GENERAL VEGETATIVE CONTROL. Areas to be mowed under Level I work shall be cut to a maximum height of three (3) inches. Level I mowing work shall be completed within five (5) working days from the assigned starting date. Areas to be mowed under Level II work shall be cut to a maximum height of six (6) inches. Level II mowing work shall be completed within ten (10) working days from the assigned starting date.

Items in Ground Maintenance, Vista Maintenance and B&B Tree Planting shall be completed within ten (10) working days from assigned starting date. NOTE: THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER A MINIMUM OF TWO (2) HOURS BEFORE COMPLETING AN AREA SO THAT THE AREA CAN

BE INSPECTED UPON COMPLETION. ALL VEGETATIVE CONTROL WORK IN AN AREA SHALL BE

COMPLETED BEFORE BEGINNING WORK IN OTHER AREAS. With permission of the Contracting Officer, the contractor may work in different recreation areas with separate and different work crews; however all work must be completed and inspected before each crew moves to another area. In the event that the area is completed after 3:00 PM.