W912QR20Q0025.pdf

SEE ADDENDUM

(No Collect Calls)

W912QR20Q0025 09-Mar-2020

b. TELEPHONE NUMBER

502.315.6872

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 23 Mar 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912QR9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LOGAN D BARRETT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

502.315.6195 OR 6193FAX:

TEL: 502.315.6172 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

561210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF74

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

SPECIAL INSTRUCTIONS

Special Instructions Drift Removal for Buckhorn Lake, Buckhorn, KY.

Please provide a quoted based on the below Scope of Work for the Drift and Debris Removal Services for US Army Corps of Engineers (USACE), Upper Kentucky River Area, Sassafras, Kentucky.

Central Contractor Registration, EPLS, ORCA, and FedReg are now available through the System for Award Management (SAM), available at www.sam.gov . Offerors must comply with the requirements of 52.204-7, 52.232- 33, 252.204-7004, and any other CCR/ORCA requirements in this solicitation through SAM. Training tools are available on the SAM website to help you get familiar with SAM. Start by going to www.sam.gov, and then click on the SAM HELP tab. Under User Help you will find the full User Guide as well as Quick Start Guides and Helpful Hints that will help you create an account, migrate your roles, perform updates, and search for the information you need. These guides can also be viewed on http://www.acquisition.gov. PLEASE NOTE: SAM is completely free of charge for both registrants and users. If you are not currently registered, please begin the registration process before submitting a proposal.

This procurement is 100% set-aside for Small Businesses, NAICS 561210 ($41.5 Million).

One Indefinite Delivery/Indefinite Quantity (IDIQ) award will be made from this Request for Quote (RFQ) and will be based on the lowest priced proposal and SAM Registration.

Failure to submit a unit price for all items listed will be considered as a material deviation from the requirements of the RFQ and the quote will be rejected.

Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor.

Proposal should be submitted no later than Friday, 23 March 2020 at 10:00 AM Eastern Time.

Electronic submittals will be accepted. You may submit your quote to logan.d.barrett@usace.army.mil. Fax submittals will not be accepted.

A SITE VISIT IS HIGHLY RECOMMENDED to assess quantities, critical dimensions and work conditions. Per FAR provision 52.237-1, Site Vist, "Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Visits must be coordinated with personnel via email Priscilla.A.Southwood@usace.army.mil. or phone (606) 398-7251

For contractual/technical questions, please contact Logan Barrett at (502) 315-6872 or by e-mail at logan.d.barrett@usace.army.mil.

PRICE BREAKOUT SCHEDULE

Upper Kentucky DEBRIS REMOVAL

WORK ITEM DESCRIPTION

NATURAL RESOURCE MANAGEMENT

CY 2020 SERVICES

CY 2021 SERVICES

FIRST OPTION YEAR

CY 2022 SERVICES

SECOND OPTION YEAR

EST

QTY./

YEAR

U/M

LINE

ITEM

No.

UNIT

PRICE

TOTAL

COST

LINE

LINE

Combustible Debris (Shoreline)

Cubic Yards

Non-Combustible Debris (Shoreline)

Cubic Yards

ESTIMATED ANNUAL TOTALS

CY 2020

CY 2021

CY 2022

SCOPE OF WORK

Upper Kentucky River Area

DRIFT & DEBRIS CONTRACT

TABLE OF CONTENTS

SECTION C-1

GENERAL

PAGE

C-1.1 PROJECT INFORMATION 3

C-1.2 PERFORMANCE WORK STATEMENT 3

C-1.3 TASK ORDERS 3

C-1.4 NEGOTIATION 3

C-1.5 WORKING HOURS 3

C-1.6 CONTRACTOR SUBMITTALS 4

C-1.7 PERMITS AND LICENSES 4

C-1.8 IDENTIFICATION OF CONTRACTOR

EMPLOYEES AND VEHICLES

C-1.9 SAFETY AND SECURITY REQUIREMENTS 5

C-1.10 ACCIDENT REPORTING 6

C-1.11 C-1.12

DAMAGE REPORTS

CONTRACTOR EMPLOYEES’ CONDUCT AND

COMPETENCY

C-1.13 DAMAGE OR LOSS OF CONTRACTORS

SUPPLIES AND PROPERTY

C-1.14 SUPERVISION 7

C-1.15 ENVIRONMENTAL PROGRAM 7

C-1.16 CONTRACTOR DISCREPANCY REPORT (CDR) 8

C-1.17 MEETINGS 8

C-1.18 QUALITY CONTROL 8

C-1.19 QUALITY ASSURANCE 9

C-1.20 DEFICIENCIES 9

C-1.21 INTERRUPTIONS TO SYSTEMS 9

C-1.22 GOVERNMENT FURNISHED MATERIALS AND

EQUIPMENT

C-1.23 CONTRACTOR FURNISHED ITEMS 10

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY 11

C-1.25 NOTIFICATION OF WORK TO BE DONE 11

C-1.26 MINIMUM MANPOWER REQUIREMENTS 11

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS 11

C-1.28 COOPERATION WITH OTHER CONTRACTORS,

LESSEES, AND VOLUNTEERS

C-1.29 REPORT 12

C-1.30 APPLICABLE PUBLICATIONS 12

C-1.31 DEFINITIONS 13

DESCRIPTION/SPECIFICATIONS

General

C-1.1 PROJECT INFORMATION. Drift and Debris Removal Services for US Army Corps of Engineers (USACE), Upper Kentucky River Area, Sassafras, Kentucky.

C-1.2 PERFORMANCE WORK STATEMENT. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform Drift/ Debris Removal services at Buckhorn, Carr Creek, Cave Run and Taylorsville Lake project areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. The Contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State and local laws and regulations. The Contractor is required to attend a pre-work meeting to be scheduled by the Park Manager at that respective site.

The quantities listed in the bid schedule are approximate and are provided as information only to assist in preparation of proposed pricing.

It is emphasized that the work described in this contract is a critical part of the Corps mission. The work described will be performed in a public recreation area. The Corps is committed to "Customer Care" and providing quality professional service.

C-1.3 TASK ORDERS. All work under this contract will be ordered by issuance of individual Task Orders (DD Form 1155). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer (KO). Only the KO, by issuance of a modification, may make any change to a Task Order.

The Task Order will list those items from the quote schedule that are to be performed or used to perform the work.

C-1.4. NEGOTIATION. NOT APPLICABLE

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 4:30 p.m. or as specified on the Task Order. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Government POC. Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The ten Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday.

When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the Government POC.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the Government POC when severe conditions make it impractical or dangerous to perform the work. The KO will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.

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

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the Government POC prior to the pre-work conference for this contract:

a. Quality Control Plan. A suggested outline for the Contractor's Quality Control Plan.

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

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

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan

Appendix A of EM 385-1-1 See Section C-1.9 for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally

Contractor Representatives) to call in case of emergencies.

f. Operators. A list of names of qualified equipment/vehicle operators, including experience, training and qualification to operate specific equipment.

g. Certificate of Insurance

h. Security Requirements

C-1.7 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 days after notice of award of the contract. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire.

Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the Government POC for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the Government POC. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the Government POC. All vehicles used in performance of work must be marked. Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Government POC or any other project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1 (https://intranet.usace.army.mil/lrd/lrl/safety/Documents/EM_385-1- 1%20(2015).pdf#search=EM%203), and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the Government POC a minimum of 7 days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

a. Accident Prevention Plan (APP). The Contractor shall prepare an Accident Prevention Plan to assure that requirements of the safety program are provided as specified. This plan must be accepted by the Contracting Officer prior to commencement of any work. One copy of the Accident Prevention Plan shall be provided to the Contracting Officer and the Government POC one week prior to the pre-work conference. The Accident Prevention Plan must be in the outline and form prescribed in Appendix A of EM 385-1-1.

b. Activity Hazard Analysis (AHA).

1) The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of work. It is the Contractor’s responsibility to prepare the AHA. An approved AHA must be prepared by the Contractor for each Task Order issued by the Government. Sample AHA’s may be available at the project office for review and use by the Contractor to assist in the development of site specific Activity Hazard Analyses prior to the Contractor performing the job. The Contractor is encouraged to revise or add to these sample AHA’s as necessary to address changing conditions. Prior to performing jobs with inherent hazards, the Contractor shall review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who shall perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that the Government may attend such reviews.

2) The Government will require the Contractor to prepare an AHA for any jobs for which an adequate AHA does not already exist. A copy of this AHA shall be submitted to the Government POC and must be accepted before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included, which shall be used by the Contractor as a guide for the preparation of required AHA's.

c. A copy of an approved AHA is required for each Task Order issued by the Government. A copy of the approved AHA’s shall be available at all times to workers at each associated job site and a copy shall be provided to the Government.

d. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the Government POC any potential hazards found by his employees on the project. The Accident Prevention Plan shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work under a Task Order.

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt (as detailed in C-1.8), long trousers (except as noted in C-1.8), and appropriate footwear during all contract work. Face shields, spectacles with side- shields, or goggles, and hearing protection shall be worn by employees when required by safety manual. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations.

Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual. Copies of their certification shall be provided in accordance with regulations. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.

g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The Contractor shall provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for review by the Government POC prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

h. Antiterrorism/Operations Security - Required Security Training and Planning.

1. Access, General Protection, and 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.

2. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something).

The contractor and all associated sub-contractors shall receive a brief/training provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the 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 Government POC NLT 5 calendar days after the completion of the training.

3. Pre-screen candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program 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 Government POC no later than 3 business days after the initial contract award.

http://www.uscis.gov/e-verify.

C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the Government POC immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the Government POC. For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the Government POC a copy of ENG Form 3394. The Contractor shall maintain an OSHA 300 Log of On – The – Job injuries and first aid treatments. The Contractor shall also provide a monthly record of all exposure and accident experience incidental to the performance of services under the contract. This reporting requirement includes exposure and accident experience of both the Prime Contractor and any subcontractor(s). A Monthly Record of Work-Related Injuries/Illnesses & Exposure form will be available from the Park Manager Government POC /. The Monthly Record of Work-Related Injuries/Illnesses & Exposure report shall be provided to the Government POC by the 5th working day of the month for the previous month.

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the Government POC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the Government POC within 2 work days (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more the Contractor will complete and submit to the Government POC a copy of ENG 3394.

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the Government POC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the Government POC may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above.

C-1.14 SUPERVISION. The designated Technical Point of Contact (TPOC) for each respective site will be:

Willie Whitaker - Upper Kentucky River Area, Operations Manager Dewayne Shouse - Buckhorn Lake, Park Manager Jesse Saylor - Carr Creek Lake, Park Manager Anthony Orr - Cave Run Lake, Park Manager Evan McKinney - Taylorsville Lake, Park Manager

The Contractor is responsible for providing on-site supervision and quality control inspections of work performed under the contract. The level of supervision and inspections shall be sufficient to assure that services are performed in accordance with contractual requirements and all applicable Federal, state and local laws and regulations. The Contractor or a Contractor Representative shall personally supervise the work, or be readily available by phone or other means of communication to respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor's Quality Control Program. QCI’s shall be responsible for implementing the Contractor’s Accident Prevention Plan. All QCI'S shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each work crew. For work performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site.

The COR/TPOC and Government Inspectors will deal directly with the QCI’s or Contractor Representatives, for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the TPOC before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's work responsibilities, and shall review them to insure employees comprehension of a job prior to initiating work.

C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the Government POC. Any of the facilities operated by the Contractor may be inspected by the Government POC, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request. Citations against Government facilities operated by the Contractor for non- compliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the

Government. If the citations are issued due to faulty operation or maintenance practices of the Contractor, the Contracting Officer or Government POC will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the Government POC immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services. As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued.

The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The Contracting Officer or Government POC will evaluate the Contractor's response and take appropriate action.

Upon finalization of the CDR, the Contractor and the Government POC must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.17 MEETINGS. The Contractor is required to attend a pre-work meeting to be scheduled by the TPOC. The Contractor or his authorized representative shall report each Month with the schedule and location determined by the TPOC to discuss contract work items. Specific topics of discussion at the Monthly meetings may include issuing task orders, requests for estimates, negotiation, inspections, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The TPOC may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the TPOC and the Contractor. A tour of the work site will be conducted following the discussions. It is recommended that the Contractor’s on-site representative or superintendent also attend this meeting. During the pre-work conference, the Contractor shall also provide any required submittals not previously submitted.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

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

b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the Government POC.

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

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

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

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

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

The QASP is for information purposes only and will not be made part of any resulting contract. The Government will keep a record of all complaints received by the public concerning Contractor performance. Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish the Contractor a copy of the findings. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the Government POC, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR (See Section C-1.16).

C-1.21 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the Government POC. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. Suitable space will be provided for the Contractor's use for work performed under this contract, as listed below. The Contractor shall maintain such space or grounds to the same, or higher standards, as similar areas occupied by the Government, and shall assume responsibility for the safekeeping of facilities provided. The Contractor shall not use those grounds or facilities as a place of habitation. At the completion of the contract, all facilities and equipment shall be returned to the Government in the same condition as received. The Contractor shall be held responsible for the cost of any repairs caused by negligence on the part of the Contractor or Contractor employees.

Modifications or changes shall not be made to any facilities without prior written approval of the Government POC. Any modifications to the facilities shall be at the Contractor's expense. The facilities provided consist of space within reasonably secure fenced areas. The Contractor shall be responsible for maintaining physical security for Government furnished facilities and property. Should the Contractor reject any or all Government furnished facilities, the Contractor shall provide all necessary facilities at no cost to the Government. All Government furnished facilities shall be used only for the performance of work specified herein.

Restroom facilities for contract employees are the responsibility of the Contractor. The Contractor may elect to use public restroom facilities, unless closed.

b. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor shall supply his own utilities such as water. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract.

c. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

d. Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas, and will be held responsible for losses due to his negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all

e. Government furnished equipment, keys and any unused material or supplies in the same condition as received. Any discrepancies, damages or deficiencies in the inventory will be chargeable against the Contractor.

f. Safety Manual. Prospective contractors may review a copy of the Safety and Health Requirements Manual EM 385-1-1 at the Project Office. The Contractor shall be provided one copy of Safety Manual EM 385-1-1, during the pre-work conference.

C-1.23 CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies, or materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. A partial list of equipment which shall be needed by the Contractor is included in each section.

b. Equipment. Contractor may need the following equipment; chainsaws, wood splitter, leaf blower and various hand tools. The equipment listed is not mandatory, nor necessarily complete. The Government requires, however, that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. Adequacy of the equipment to perform certain repetitive work will be determined prior to award of the contract. Also, all equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1.

c. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies that could reasonably be transported in a standard size 1/2 ton truck with a 4' x 8' bed to and from job sites on the project.

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

d. Contractor Equipment and Supply Inspection. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for work under this contract. Such articles shall be made available for inspection within seven (7) working days after notice from the Government POC. Only equipment and supplies inspected and approved shall be used for work under this contract.

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the Government POC. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources.

The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor.

Any item of value found on the work sites shall be placed into the custody of the Government POC for return to the owner, if ownership can be established. The Contractor shall inform the Government POC of any information he or his employees receive about lost and/or found articles from the public.

C-1.25 NOTIFICATION OF WORK TO BE DONE. The Contractor will be notified of work to be performed by issuance of Task Orders. Under normal conditions, Task Orders will be issued that require response within 24 hours after receipt. All Task Orders must be completed by the Delivery Date shown in block 10 of the Task Order Form.

C-1.26 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week.

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS.

a. General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge, as evidenced by license, certificate, or diploma, etc., to provide a comprehensive understanding of the systems and components to be serviced, operated, and maintained under this contract. A commercial driver’s license (CDL) will be required to operate certain large trucks, to pull trailers and operate other vehicles as required by the Commercial Vehicle Safety Act of 1986. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to such Government or other applicable regulations that are applicable during the time spent on Government property. If the Government POC decides the Contractor employee performing the specified work is unqualified, the Contractor shall immediately provide qualified personnel to accomplish the work.

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including work that could otherwise be performed utilizing Task Orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The KO can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the KO shall not be the basis for a claim by the Contractor.

C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows:

Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Worksheet (ENG Form 5007-R) Vehicle Operational Record Form (CEORH Form 2813 Test) Activity Hazard Analysis (AHA) OPSEC Training

C-1.30 - APPLICABLE PUBLICATIONS. The Contractor shall perform technical work in accordance with applicable publications. They include but are not limited to:

MANUFACTURER'S RECOMMENDATIONS:

Operating Manuals Repair Manuals Maintenance Manuals

INDUSTRIAL STANDARDS AND CODES (Latest Editions):

Underwriter's Laboratories, Inc. National Electrical Code National Warm Air & Air Conditioning Association National Association of Fan Manufacturers National Fire Protection Association American Society of Heating, Air Conditioning & Refrigeration Institute Sheet Metal Manufacturers Air Moving and Conditioning Association American Welding Society American National Standards Institute American Concrete Institute Portland Concrete Association Asphalt Institute American Institute of Steel Construction National Association of Architectural Metal Manufacturers Architectural Aluminum Manufacturers Association The Aluminum Association

American Society for Testing and Materials Flat Glass Marketing Association American Association of Nurserymen, Inc.

OSHA Safety Standards

C-1.31 DEFINITIONS. As used throughout this description/specification, the following terms shall have the meaning set forth below:

a. Completion/Delivery Date. All work must be completed by the completion/delivery date.

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

c. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform the Contractor's Quality Control program. A QCI shall be responsible for implementing the Contractor Accident Prevention Plan, and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

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

e. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer.

f. Government POC. Person designated as the authorized representative of the Contracting Officer.

g. Drip line. The drip line is defined as the outside edge of the tree's leaf cover.

h. EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, located on the web https://intranet.usace.army.mil/lrd/lrl/safety/Documents/EM_385-1-1%20(2015).pdf#search=EM%203.

i. Fallen Trees. Trees that have fallen, are susceptible to falling, or create a safety hazard.

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

k. Inspector. Individual designated by the Government POC to perform Quality Assurance.

l. Item. The term item, when used with the contract, refers to the Bid Schedule Items contained in Price Breakout

Schedule.

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

l. Drift. Wooden timber, washed in due to rising water conditions.

m. Debris. Combustible and non-combustible items that washed into shoreline due to rising water conditions.

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

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

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

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

r. Quality Control. A method used by the Contractor to control the quality of…