Amendment 0001 W912QR21Q0099.pdf

W22W9K12458404

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment 0001 to Solicitation W912QR21Q0099 for asphalt sealing, crack sealing, and striping activities for US Army Corps of Engineers (USACE), McAlpine Locks and Dam, Louisville, KY is hereby modif ied as follows:

a. Site photos are hereby added to the SOW.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 24

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 W912QR21Q0099

X 9B. DATED (SEE ITEM 11)

10-Sep-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 X is extended, is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

U0001

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Sep-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

See Item 6

FACILITY CODECODE

EMAIL:TEL:

x 1

SCOPE OF WORK

McAlpine Locks and Dam ASPHALT SEALING, CRACK SEALING, AND STRIPING CONTRACT

SECTION C-2

ASPHALT SEALING, CRACK SEALING, AND STRIPING ACTIVITIES

SECTION C-2

ACTIVITIES

C-2.1 C-2.2 C-2.3

C-2.4 C-2.5

C-2.6 C-2.7 C-2.8 C-2.9

Section D:

SCOPE OF WORK

GENERAL

GENERAL SPECIFICATIONS ASPHALT SEALING, CRACK

SEALING, AND STRIPING ACTIVITIES

INVENTORY OF SITES FOR ASPHALT SEALING, CRACK SEAL

ITEMS TO BE FURNISHED BY THE GOVERNMENT

SUPPLIES TO BE FURNISHED BY THE CONTRACTOR

SERVICE EQUIPMENT

SPECIAL PROVISIONS

CONTRACTOR SUBMITTAL

Supporting Images and References.

H2EDTAJF

Highlight

H2EDTAJF

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DESCRIPTION/SPECIFICATIONS

SECTION C-1

General

C-1.1 PROJECT INFORMATION. Asphalt sealing, crack sealing, and striping for US Army Corps of Engineers (USACE) McAlpine Locks and Dam Louisville KY, in various operations areas.

C-1.2 SCOPE OF WORK. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform sealing, crack sealing, and striping activities at McAlpine Locks and Dam Projects operations areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, 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 Contracting Officers Representative (COR) or Technical Point of Contact (TPOC).

The Contractor also acknowledges the Government’s right to perform any or all of the services described herein.

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 public recreation and project operational areas. The Corps is committed to “Customer Care” and providing quality professional service. Each bidding Contractor is urged to visit the job sites to assess quantities, critical dimensions, work locations, and conditions.

1. By service type, quantity, and location. In this instance, the quantities listed in the RFQ and unit prices listed in the base contract are set values and the COR/TPOC will direct the contractor where to specifically perform the work (i.e. which parking lots and/or roadways to seal, crack fill, and/or stripe). This is how the seed project is started.

C-1.3. NEGOTIATION. NOT APPLICABLE.

C-1.4 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 3:30 p.m. local time. 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 COR/TPOC. Refer to individual sections of this specification for specific schedules of work. No work shall be performed outside of these times, or on Saturday or Sunday or on federal Holidays, unless approved by the Park Manager. Initiation of work must be coordinated with the Park Manager.

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

New Year’s Day (January 1st) Martin Luther King Day (3rd Monday in January) President’s Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the

COR/TPOC.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the COR/TPOC when severe conditions make it impractical or dangerous to perform the work. The KO will notify the contractor, 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 COR/TPOC. Additional personnel may be required to handle the additional work load during holiday periods because of heavy visitation. The COR/TPOC will notify the Contractor of actual work requirements.

e. Special Note. At certain portions of the areas, there are certain precautions that will need to be taken, as these areas cannot be completely closed while work is progressing. The areas will need to be partially barricaded/flagged by the contractor, the night before the sealing or painting application to prevent vehicles from parking in a portion of the lot the next calendar day. In addition, all services will need to be done at the first part of the week, allowing adequate dry time for weekend vehicle use (Fridays at 2:00 PM Eastern Time, 1:00 PM Central Time).

C-1.5 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR 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 – See 52.228-5 “Insurance-Work on a Government Installation”

h. Performance Bond (where applicable)

i. Security Requirements – See Section C-1.8

j. Certification for Rollover Protective Structures (ROPS).

C-1.6 PERMITS AND LICENSES. The Contractor shall obtain, at own expense, any required licenses, permits or certifications necessary to perform the specified services. Required licenses, permits and certifications shall 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 shall 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 shall provide an adequate number of fully trained and qualified personnel to perform the work specified herein. Contractor personnel shall be properly trained to perform their assigned work in a safe and effective manner. Training shall 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 shall be used in the performance of services specified herein. The Contractor shall 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 shall 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. Additional information, please see FAR 52.236-7 Permits and Responsibilities.

C-1.7 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. All Contractor Employees shall 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 shall be in good operating condition with no display of obscene or vulgar material such as stickers, flags, or etc.

Vehicles shall be maintained In Accordance With (IAW) federal, state, and local laws.

C-1.8 SAFETY AND SECURITY REQUIREMENTS.

a. General. Performance of all services shall assure complete safety to public visitors, Contractor employees, and all other persons in the area. The Contractor shall 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 shall 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 COR/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 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://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf?ver=2015-04-09-142531-467 or latest version and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings.

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

b. 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 KO and the COR/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 Safety Manual EM 385-1-1.

c. Activity Hazard Analysis (AHA).

Activity Hazard Analyses (AHA’s) The Contractor shall use 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.

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

1) Schedule 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 COR/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 shall be used by the Contractor as a guide for the preparation of required AHA’s.

3) A copy of an approved AHA is required. 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 COR/TPOC 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.

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, long trousers, 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 EM 385-1-1. 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 EM 385-1-1, 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 EM 385-1-1. 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 COR/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.

h. Required Security Training and Planning

1) 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/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.

2) 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.

3) 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 COR/TPOC NLT 5 calendar days after the completion of the training.

4) 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/TPOC no later than 3 working days after the initial contract award.

5) The Contractor shall be responsible for closing and locking gates after entering and leaving areas controlled by the gates. Egress and ingress to controlled access areas or buildings for which no keys are provided will be under the supervision of Corps personnel.

C-1.9 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the COR/TPOC 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 COR/TPOC.

For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the COR/TPOC 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 COR/TPOC. The Monthly Record of Work-Related Injuries/Illnesses & Exposure report shall be provided to the COR/TPOC by the 5th working day of the month for the previous month.

C-1.10 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the COR/TPOC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the COR/TPOC, 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 COR/TPOC a copy of ENG 3394.

C-1.11 CONTRACTOR 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.

Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the COR or TPOC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO, COR, or the TPOC 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-1.12 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 COR/TPOC 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.

C-1.13 SUPERVISION.

The designated Technical Point of Contact (TPOC) for each respective site will be:

Jay Rickman (502) 774-3514 Lock Master

Gary Chambers Maintenance Lead

(502) 774-3514

Mark Cardwell, OP-TM (502)315-6682

The Technical Point of Contact is: Jay Rickman – Lock Master. 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 COR/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-1.14 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 COR/TPOC. Any of the facilities operated by the Contractor may be inspected by the COR/TPOC, 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.

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 COR/TPOC immediately.

C-1.15 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.

Upon finalization of the CDR, the Contractor and the COR/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.

C-1.16 MEETINGS. The Contractor is required to attend a pre-work meeting to be scheduled by the COR/TPOC.

The Contractor or his authorized representative shall report each month with the schedule and location determined by the COR/TPOC to discuss contract work items. Specific topics of discussion at the pre-work meeting may include issuing 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 COR/TPOC may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the COR/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-1.17 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 COR/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 COR/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, shall be provided to the Contracting Officer and the COR/TPOC, and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and COR/TPOC.

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

C-1.18 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 examine completed work to determine whether work is performed and completed in compliance with the specifications contained herein. The COR/TPOC is responsible for the Government’s Quality Assurance Program under the purchase order. The COR/TPOC and/or his designated Quality Assurance Inspector (QAI) will observe the work being performed and inspect completed work. The contractor and the COR/TPOC/QAI shall coordinated work schedules and inspections to best evaluate contractor performance. The Government will use a combination of random, planned, and 100% inspections to evaluate the work provided under this contract. If the completed work does not conform to the requirements under the contract, the Government may require the contractor remedy the work until it satisfactorily meets the requirements of the contract specifications.

When the deficiencies cannot be corrected by re-performance, the Government may reduce or deduct the purchase order price to reflect the reduced value of the work performed or pursue claims as detailed in the FAR clauses contain in the contract. 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-1.19 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the COR/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. 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), and deductions will be determined by the Contracting Officer.

C-1.20 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 COR/TPOC. 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-1.21 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. The Government is not responsible for providing storage areas or facilities for the storage of Contractor supplies, materials and equipment. With prior approval, the COR/TPOC 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.

b. Utilities. The Government will NOT furnish available utilities to perform the specified work, unless otherwise approved by the Park Manager. The Contractor shall supply his own utilities including water, electric, and toilets, etc. If the Park Manager approves use of government utilities, 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/her 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 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. The Contractor will not be provided with keys to the Lake Office, storage buildings or storage compounds. 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.

e. Safety Manual. Prospective contractors may review a copy of the Corps of Engineers 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?ver=2015-04-09-142531-467 .

C-1.22 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.

b. Equipment. The Government requires that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. All equipment used by the Contractor must meet safety requirements outlined in Safety Manual 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 ½ 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, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the COR/TPOC. Only equipment and supplies inspected and approved shall be used for work under this contract. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the Government prior to use.

C-1.23 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 COR/ TPOC. 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 COR/TPOC for return to the owner, if ownership can be established. The Contractor shall inform the COR/TPOC of any information he or his employees receive about lost and/or found articles from the public.

a. Security. This standard language is for contractor employees with an area of performance at McAlpine Lock and Dam. This training shall be completed within 30 calendar days of contract award and within 7 calendar days of new employees commencing performance with the results reported to the COR/TPOC NLT 30 calendar days after contract award. For certification purposes, the Contractor needs to submit an employee roster with each name initialized to the Contracting Officer’s representative. Any employee changes will need to be included on a revised and resubmitted roster. OPSEC Training link.

http://www.cdse.edu/catalog/operations-security.html

CI-1.24 NOTIFICATION OF WORK TO BE DONE. The Contractor will issued NTP and will have 14 days from that notice to begin work.

C-1.25 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 calendar days per week. At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the primary contractor.

C-1.26 MINIMUM PERSONNEL QUALIFICATIONS.

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 COR/TPOC decides the Contractor employee performing the specified work is unqualified, the Contractor shall immediately provide qualified personnel to accomplish the work.

C-1.27 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work. 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 COR/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 COR/TPOC shall not be the basis for a claim by the Contractor.

C-1.28 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:

a. 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

b. The contractor shall 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:

http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014.

Contractors may direct questions to the help desk at help desk at: https://www.sam.gov

C-1.29 – 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 American Society for Testing Materials American Association of State Highway and Transportation Officials 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-1.30 DEFINITIONS. As used throughout this description/specification, the following terms shall have the meaning set forth below:

a. Completion Date. All work must be completed by the completion 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. Contracting Officers Representative (COR). A person designated as the authorized representative of the Contracting Officer.

g. 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?ver=2015-04-09-142531-467 or latest version. Click on Organization, then Safety and Occupational Health, then Publications.

h. Kentucky Department of Highways (KDOH). Kentucky Department of Highways Standard Specification for Road and Bridge Construction Division 400 (Latest Edition Specification). The asphalt mixture, construction, and placement are to meet the requirements at:

https://transportation.ky.gov/Construction/Pages/Kentucky-Standard-Specifications.aspx

i. Inspector. Individual designated by the COR/TPOC to perform Quality Assurance.

j. Item. The term item, when used with the contract, refers to the quote Schedule Items contained in Section B of the contract.

k. 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.

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

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

n. Recreation Season. Time period when the recreation areas are open.

o. Purchase Order. An order for products or services associated with a main general contract that sets out the basic stipulations of a business agreement. This document provides information about a specific task the client wants the provider to perform under the terms of the general contract.

p. Technical Point of Contact (TPOC). A uniformed individual designated responsibility for overseeing the general operation of the project

C-1.31…