W912QR21Q0054-0001.pdf

CIVIL/OPS/ENVIRONMENTAL BR

ATTN: ADRIENNE MANUEL

600 DR M L KING JR PL RM 821

LOUISVILLE KY 40202-2236

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

Solicitation W912QR21Q0054 for HVAC Retrofit at John T Myers Lock & Dam Admin Building is hereby modified as follows:

a. HVAC spec draw ings have been added to the Scope of Work as a part of Exhibit E..

b. Wage Rates have been updated to reflect current version dated 04 June 2021.

c. Contractor RFIs and responses included.

d. The hour and date specified for receipt of Offer is not extended.

e. All Amendments must be acknow ledged.

f. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 106

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

16C. DATE SIGNED

BY

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 W912QR21Q0054

X 9B. DATED (SEE ITEM 11)

19-May-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

U0001

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

6. ISSUED BY

3. EFFECTIVE DATE

04-Jun-2021

CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE 964860

FACILITY CODECODE

EMAIL:TEL:

W912QR21Q0054

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

RFI AND RESPONSES

REQUEST FOR INFORMATION (RFI)

What is the control sequence of operation to accomplish a comfortable building?

What is the primary heating source since we are loosing the WSHP that produced hot water for the air handler?

The heat in the VAVs is designed to temper the air temperature for individual occupant comfort, not be the only heating source?

The air handler is limited to @ 3,000 CFM to prevent blowing water off the new D/X coil due to excess velocity?

Will there be a bypass on the air handler to keep the CFM up to prevent freezing of the D/X coil as the VAVs reduce airflow?

Will this amendment contain specs for the equipment that needs to be provided by the contractor?

Is the Corps supplying the major equipment (VAV’s, DX coil, 10 ton condenser, split-system)?

Is there a Controls scope?

RESPONSE

The Corps will not be supplying any equipment for this contract. We want an electrical HVAC system to replace the existing geothermal. The existing system is properly sized and heats and cools sufficiently. It is the maintenance cost of it that has caused issues and the desire to replace. HVAC drawings are being supplied and that should address other questions.

SECTION 00 20 00 - INSTRUCTIONS FOR PROCUREMENT

The following have been modified:

SCOPE OF WORK

John T. Myer Locks and Dam

16501 Raben Road Mt. Vernon, IN 47620

SCOPE OF WORK

Project

HVAC System Retrofit

General

The contractor will furnish all personnel, equipment, supplies and materials necessary to retrofit existing HVAC system in the administration building at John T. Meyer Locks and Dam 16501 Raben Road Mt. Vernon, In. 47620.

The Contractor’s work and responsibility will include all planning, measurements and estimates of quantities, administration, supervision, communications and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, state, and local laws and regulations.

Prevailing Construction wage rates will be required and should be considered with your quote.

Pre-Quote Conference and Tour

A pre-quote conference/tour will be conducted. Prospective offerors are encouraged to visit the project site prior to submitting a quote as the contractor can review the complexities of the work sites, verify existing conditions and approximate measurements.

Prior to the commencement of work, a pre-construction meeting will be held with a Corps of Engineers representative and the contractor.

Site Visit

Contractors are encouraged to visit the site and acquaint themselves with working conditions, obtain their own measurements, and make material calculations. Contractor will accept conditions as they exist on quote date. To arrange a site visit, contact:

Dallas Jackson, Lockmaster 16501 Raben Road Mt. Vernon, In. 47620

(812) 838-5836, Mt. Vernon, In. 47620

SCOPE OF WORK (CONTINUED):

Item 0001: Demo Existing Evaporator, Geothermal Chillers, VAV Boxes and WAHPs.

1. Contractor will furnish all personnel, equipment, supplies and materials necessary to remove existing dual temp evaporator coil and geothermal chillers.

Contractor will perform Lock Out/Tag Out procedures before disconnecting electric feed and chilled water piping from (2) geothermal chillers in the mechanical room.

Remove chillers and discard per EPA guidelines off Corps of Engineers property.

Disconnect chilled water piping for evaporator coil, demo and remove from Corps of Engineers property.

Demo water piping as necessary to allow for installation of new Dx coil.

2. Contractor will furnish all personnel, equipment, supplies and materials necessary to remove existing VAV boxes.

Contractor will perform Lock Out/Tag Out procedures before disconnecting electric feed and hot water piping from VAV boxes.

Remove existing VAV boxes and discard off Corps of Engineers property.

Demo water piping as necessary to allow for installation of new VAV boxes with electric heat

3. Contractor will furnish all personnel, equipment, supplies and materials necessary to remove (2) existing WAHPs.

Contractor will perform Lock Out/Tag Out procedures before disconnecting electric feed and hot water piping from WAHPs.

Remove existing WAHPs and discard off Corps of Engineers property.

Cap water piping.

Item 0002: Install 10 Ton Condensing Unit, Dx Cooling Coil, VAV Boxes with Electric Heat, and Ductless Split System.

1. Contractor will furnish all personnel, equipment, supplies and materials necessary to install a new 10 Ton air cooled condensing unit and Dx cooling coil.

Contractor will pour concrete pad outside mechanical room.

o Server room unit will also utilize this pad.

Contractor will set new condenser outside of mechanical room.

Contractor will furnish and install new Dx evaporator coil in existing air handling unit.

Contractor will run electric service to new condensing unit.

Contractor will install refrigerant lines from new condenser to new Dx evaporator coil.

Contractor will tie into existing ductwork.

Contractor will perform leak check and start-up of new system.

2. Contractor will furnish all personnel, equipment, supplies and materials necessary to install (6) new VAV boxes with electric reheat.

Contractor will install (5) new VAV boxes in office area.

Contractor will install (5) new thermostats for local control of set-points.

Contractor will install (1) new VAV box in mechanical room.

Contractor will install (1) new thermostat in mechanical room.

Contractor will install new electric service to the (6) new VAV boxes.

3. Contractor will furnish all personnel, equipment, supplies and materials necessary to install a 1.5 Ton ductless split system unit in the server room.

Contractor will install condenser unit on exterior of building.

Contractor will install the evaporator head in the server room.

Contractor will run and install electric service to new condenser.

Contractor will install control piping and control wiring.

Contractor will perform leak check and start-up of new system.

JOHN T. MYER LOSCKS AND DAM HVAC SYSTEM RETROFIT

TABLE OF CONTENTS

SPECIFICATIONS/DESCRIPTION

1. Project Information

2. Performance Work Statement

3. Technical Point of Contact (TPOC)

4. Pre-Work Conference

5. Working Hours

6. Contract Start and Completion Dates

7. Contractor Submittals

8. Permits and Licenses

9. Identification of Contract Employees and Vehicles

10. Safety Requirements

11. Required Security Training and Planning

12. Accident Reporting

13. Damage Reports

14. Contractor Employees’ Conduct and Competency

15. Damage or Loss of Contractor’s Supplies and Property

16. Supervision

17. Environmental Program

18. Contract Discrepancy Report (CDR)

19. Meetings

20. Quality Control

21. Quality Assurance

22. Deficiencies

23. Interruptions to Systems

24. Government Furnished Materials and Equipment

25. Contractor Furnished Items

26. Safeguarding Government Property

27. Minimum Manpower Requirements

28. Minimum Personnel Qualifications

29. Cooperation with other Contractors, Lessees, and Volunteers

30. Reports

31. Applicable Publications

32. Warranty (NOT APPLICABLE)

33. Wage Rates

34. Definitions

35. Index of Exhibits

SPECIFICATIONS/DESCRIPTION

1. Project Information.

Retrofit existing HVAC system in the administration building at John T. Myer Locks and Dam 16501 Raben Road Mt. Vernon, In. 47620.

2. Performance Work Statement.

The contractor will furnish all personnel, equipment, supplies and materials necessary to retrofit existing HVAC system in the administration building at John T. Myer Locks and Dam 16501 Raben Road Mt. Vernon, In. 47620.

Prices should include mobilization & de-mobilization, fuel, labor, material and equipment. The contractor’s work and responsibility will include all planning, programming, administration, management, supervision, communications, and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, State and Local laws and regulations. All work will be performed in strict compliance with the attached specifications and all other terms and conditions incorporated herein.

3. Technical Point of Contact (TPOC):

Patrick Buttry, Equipment Mechanic Leader U.S. Army Corps of Engineers John T. Myer Locks and Dam 16501 Raben Road Mt. Vernon, In. 47620 (812)838-5836

4. Pre-Work Conference

The contractor will be required to attend a pre-work conference prior to beginning work during which the Contractor’s plan of work, safety procedures, start date and other items in this contract will be discussed.

5 . Working Hours

a. Normal working hours, except as otherwise specified herein, will be Monday through Friday, 7:00 a.m. to 4:00 p.m. Eastern Time. Work inside Government buildings or other secured areas will be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project will be scheduled around normal working hours, as specified by the Project Manager.

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 will be scheduled around the above listed Federal holidays except as specified herein or as approved by the TPOC.

b. Inclement Weather Work.

The Contractor will maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the TPOC when severe conditions make it impractical or dangerous to perform the work.

6. Contract Start and Completion Dates Work under this contract will begin within 10 calendar days of Notice to Proceed (NTP) and complete within 30 calendar days after receiving the NTP.

7. Contractor Submittals Unless otherwise specified, the Contractor will submit the following information to the TPOC prior to the pre-work conference for this contract:

a. Contractor Representatives. List of names of Contractor Representatives.

b. 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. Exhibit D.

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

Representatives) to call in case of emergencies.

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

e. Certificate of Insurance.

f. Performance Bond. (where applicable)

g. Security Requirements.

8. Permits and Licenses The Contractor will obtain, at own expense, any required licenses, permits or certifications necessary to perform the specified services. Required licenses, permits and certifications will be kept current during the period the work is performed. The Contractor is also responsible for any and all costs associated with the training of Contractor personnel to acquire and maintain valid licenses, permits or certifications necessary to perform the contract services specified herein. The Contractor, Contractor personnel and any persons acting on behalf of the Contractor will comply with all applicable Federal, State and local laws and regulations, including any subsequent changes to these laws and regulations.

Minimum Personnel and Training Requirements. The Contractor will provide an adequate number of fully trained and qualified personnel to perform the work specified herein. Contractor personnel will be properly trained to perform their assigned work in a safe and effective manner. Training will include but is not limited to instruction on the proper and safe use and operation of Contractor equipment and any Contractor provided tools, supplies and materials required to perform the specified services. Only properly trained and qualified employees will be used in the performance of services specified herein. The Contractor will also assume responsibility for training or Orienting Contractor personnel to perform the services specified in the contract. In the event the Contracting Officer or his/her Authorized Representative determines that the Contractor does not have a qualified employee performing the specified work, the Contractor will be required to provide qualified personnel, or subcontract the work to a person or persons who are trained and qualified to perform the work. The Contractor acknowledges that the employment of undocumented migrant workers to perform services under this contract will not be permitted.

9. Identification of Contract Employees and Vehicles All Contractor employees will be in good appearance while performing services. Employees must wear long pants, shirt with no vulgar or obscene graphics with at least sleeves equivalent of a t-shirt, and durable work type shoes.

Vehicles and any motorized equipment utilized for transportation will be in good operating condition with no display of obscene or vulgar material such as stickers, flags, or etc. Vehicles will be maintained in accordance with federal, state, and local laws.

10. Safety Requirements

a. General. Performance of all services will assure complete safety to public visitors, Contractor employees, and all other persons in the area. The Contractor will comply with any pertinent requirements contained in the Corps of Engineers Safety Manual (EM 385-1-1), current at the time of award and any subsequent revisions to that document. Furthermore, the Contractor will comply with pertinent occupational safety and health standards for general industry (29 CFR Part 1910) as required by the Occupational Safety and Health Administration (OSHA). If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the TPOC 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 will 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.

b. The Contractor will comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1, https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf or latest version and as otherwise stated herein. Special attention will be given to the requirements for safety meetings.

c. All contract personnel will adhere to current USACE and CDC guidelines regarding COVID-19 PPE.

The Contractor will inform the TPOC a minimum of 7 calendar days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

d. Accident Prevention Plan (APP). The Contractor will 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 will be provided to the Contracting Officer and the TPOC 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.

e. Activity Hazard Analysis (AHA). The Contractor will 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. 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 will review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who will 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.

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 will be submitted to the TPOC 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 will be used by the Contractor as a guide for the preparation of required AHA's.

A copy of the approved AHA’s will be available at all times to workers at each associated job site and a copy will be provided to the Government.

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

g. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, will be provided to eliminate or minimize hazards to personnel. As a minimum, each employee will wear a short-sleeved shirt, long trousers, and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, and hearing protection will be worn by employees when required by safety manual. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards will also be provided and easily accessible to all employees.

h. Contractor Employees Certified in First Aid & CPR. The Contractor will 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 will be provided in accordance with regulations. Two people per crew will be trained in First Aid and CPR. Individuals working alone will be trained in First Aid.

i. Hazard Communication Program. The Contractor will be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The Contractor will provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for review by the TPOC 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.

11. Required Security Training and Planning

A. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors’ employees will comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor will also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

B. Contractors who do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

C. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See something, Say Something). The contractor and all associated sub-contractors will 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 will be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

D. Contractor will be escort in areas that may contain 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 or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

E. Pre-Screen Candidates/E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system.

An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

*When contracts are with individuals, the individuals will be required to complete a Form I- 9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the Contracting Officer and will become part of the official contract file.

Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies.

The contractor will supply the Technical Point of Contact (TPOC) with an Accident Prevention Plan (APP), Scaffolding Plan, Control of Hazardous Energy Plan (LO/TO), and an Activity Hazard Analysis (AHA) prior to site work in accordance with EM 385-1-1.

12. Accident Reporting The Contractor is responsible for reporting all accidents to the Project Manager immediately. Prompt action will be taken to ensure immediate and appropriate medical treatment. The Contractor will maintain an accurate record of any accidents in the manner and on the forms prescribed by the Project Manager. For property damage accidents of $2,000 or more, the Contractor will complete and submit to the Project Manager a copy of ENG Form 3394.

The Contractor will maintain an OSHA 300 Log of On – The – Job injuries and first aid treatments.

The Contractor will 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 Project Manager. The Monthly Record of Work-Related Injuries/Illnesses & Exposure report will be provided to the Project Manager by the 5th working day of the month for the previous month.

13. Damage Reports All instances where Government materials, supplies, property, and/or equipment are damaged will be reported immediately to the Project Manager. When the damage was caused by contract employees, a written report of the incident and extent of such damage will be submitted to the Project Manager, 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 Project Manager a copy of ENG 3394.

14. Contractor Employees’ Conduct and Competency All contract employees will 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 will 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 Project Manager to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the Project Manager 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 will 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 will be made.

15. 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. The Government is not responsible for providing storage areas or facilities for the storage of Contractor supplies, materials and equipment. With prior approval, the Project Manager may provide a location for the temporary storage of large equipment to prevent the transportation of such equipment to/from the work site while a particular service is being performed.

However, the Government assumes no liability for the loss or destruction of Contractor equipment while it is stored on Government property.

16. Supervision

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 will 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 will 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) will conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

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

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

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

17. Environmental Program

The Contractor will comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters will be coordinated with the TPOC. Any of the facilities operated by the Contractor may be inspected by the TPOC, or other Federal, State and local officials without advance notice. Access for inspection will 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.

The Contractor will conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor will 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 will be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills will be reported to the TPOC immediately.

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

Identify the cause and corrective action taken and Identify Contractor action to prevent recurrence.

Upon finalization of the CDR, the Contractor and the TPOC 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.

19. Meetings

The Contractor is required to attend a pre-work meeting to be scheduled by the TPOC. The Contractor or his authorized representative will 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 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 will also provide any required submittals not previously submitted.

20. Quality Control

The Contractor will 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 will 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 will be made available for inspection upon request by the TPOC.

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 TPOC 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, will be provided to the Contracting Officer and the TPOC, and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies will be provided to the Contracting Officer and TPOC.

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

21. 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 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 will 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 will the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

22. Deficiencies If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the TPOC, 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.

23. Interruptions to Systems Contractor will coordinate with TPOC so that the contractors work will not interrupt the projects mission. Any authorized interruptions will be kept to an absolute minimum, and all repairs or replacements of equipment or components will be accomplished in an expeditious and efficient manner.

24. Government Furnished Materials and Equipment

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.

Control: The Contractor will provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor may be provided with keys to the Dike Service Road Security Gate. Any work to be performed within these facilities must be performed during regular working hours when Government employees are available to unlock these facilities for the Contractor.

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 can find a copy of Safety Manual EM 385-1-1 online at:

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

25. Contractor Furnished Items General: The contractor will furnish all personnel, equipment, fuel, tools, supplies and materials necessary. The contractor’s work and responsibility will include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, State and Local laws and regulations.

Equipment: The Government requires, that the Contractor provide adequate equipment to perform the work required within the specified time period. Also, all equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1.

Contractor Equipment and Supply Inspection. The apparent Contractor will make available for inspection all service equipment, tools, and samples of supplies he proposes to use for work under this contract, along with proof of ownership or lease agreement.

26. Safeguarding Government Property The Contractor will cooperate with Government personnel in safeguarding Government property. The Contractor will be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the TPOC. The Contractor will 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 will 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 will be placed into the custody of the TPOC for return to the owner, if ownership can be established. The Contractor will inform the TPOC of any information he or his employees receive about lost and/or found articles from the public.

27. Minimum Manpower Requirements The Contractor will provide an adequate number of fully qualified personnel to perform the work specified herein.

Personnel required to handle emergency situations will be available on call, 24 hours per day, 7 days per week. At least 50 percent of the cost of contract performance incurred for personnel will be expended for employees of the primary contractor.

28. Minimum Personnel Qualifications Employees, technical personnel, and consultants will have the education, experience, or knowledge, as evidenced by license, certificate, or diploma, etc., to provide a comprehensive understanding of the systems and components.

All employees will be subject to such Government or other applicable regulations that are applicable during the time spent on Government property. If the TPOC decides the Contractor employee performing the specified work is unqualified, the Contractor will immediately provide qualified personnel to accomplish the work.

29. Cooperation with other Contractors, Lessees, and Volunteers The Contractor will fully cooperate with such other Contractors, lessees, volunteers and Government employees.

The Contractor will not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The TPOC 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 TPOC will not be the basis for a claim by the Contractor.

30. Reports The Contractor will, 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 Checklists Worksheet (ENG Form 5007R) Vehicle Operational Record Form (CEORH Form 2813 Test) Activity Hazard Analysis (AHA) Required OPSEC Training

The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://www.sam.gov.

31. Applicable Publications Performance of all services will assure complete safety to public visitors, Government employees, contractor employees, and all other persons in the area. The contractor will comply with any pertinent requirements contained in the Corps of Engineers Safety Manual (EM 385-1-1), https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf current at the time of award.

The Contractor will 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):

Kentucky Standard Specifications

805.13 SLOPE PROTECTION

AND CHANNEL LINING

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 Uniform Plumbing Code International Plumbing Code

32. Warranty

NOT APPLICABLE

33. Wage Rates Department of Labor wage rates apply to this work and are included. The contractor is required to provide payroll documents for all work performed under this contract.

34. Definitions As used throughout this description/specification, the following terms will have the meaning set forth below:

Completion Date. All work must be completed by the completion date.

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

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

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

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.

Technical Point of contact (TPOC). Person designated as the authorized representative of the Contracting Officer.

EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, located on the web at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf or latest version. Click on Organization, then Safety and Occupational Health, then Publications.

Inspector. Individual designated by the TPOC to perform Quality Assurance.

Policing. The picking up of trash, debris, ashes, garbage, and miscellaneous waste, and disposing of the same in accordance with contract specifications.

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

Quality Control. A method used by the Contractor to control the quality of services he/she provides for the Government.

Project Manager. A uniformed individual designated responsibility for overseeing the general operation, and administration of the project. i.e. Project Manager, Maintenance Leader.

Trash. A variety of unsalvageable waste material such as metal, glass, rags, tin cans, rubbish, plastic bottles, paper, wrappings, containers, cartons, and similar material.

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35. Index of Exhibits: (Content added via PDF and available in PCF)

Exhibits Description

Exhibit A Site Map

Exhibit B Miscellaneous Sample Forms

Exhibit C Quality Control Plan Sample

Exhibit D Accident Prevention Plan Outline

Exhibit E Project Drawings and Photos

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EXHIBIT E

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

WAGE RATES

"General Decision Number: IN20210004 06/04/2021

Superseded General Decision Number: IN20200004

State: Indiana

Construction Type: Building

Counties: Brown, Clark, Dearborn, Decatur, Fayette, Floyd, Franklin, Harrison, Henry, Jennings, Ohio, Randolph, Ripley, Rush, Switzerland, Union and Wayne Counties in Indiana.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021.