W912QR23Q0110.pdf

Channel Bank Protection at Cave Run Lake

Estimated Contruction Cost Range: Betw een $100,000 and $250,000

Aw ard w ill be made based on the low est Quote.

NAICS Code 238910, Size Determination $19 Million.

This project is 100% set-aside for Small Business.

The solicitation w ill be available on the w eb only. Faxed, telephoned, or mailed requests for this solicitation w ill not be honored. To dow nload the solicitation for this project, contractors are required to register at SAM.GOV.

Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov.

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

Block 12A Below : In lieu of both Performance and Payment Bonds, per FAR 52.228-13 Alternate Payment Protections (July 2000) and FAR 28.102-1(b), only a Payment Bond or an Irrevocable Letter of Credit is required. A Performance Bond is not required.

ADYSON MEDLEY 502.315.7494

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

11-Aug-2023

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________25 Aug 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR

PAGE OF PAGES

1 OF

CODE W912QR

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

CIVIL/OPS/ENVIRONMENTAL BR

ATTN: ADYSON MEDLEY

600 DR M L KING JR PL RM 821

LOUISVILLE KY 40202-2236

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: 502.315.7494 TEL: 502.315.6211 FAX:

W912QR23Q0110 37

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912QR23Q0110

Section 00 10 00 - Solicitation

SPECIAL INSTRUCTIONS

This Request for Quote (RFQ) is for the contractor to excavate and place stone riprap on both sides of the retreat channel below the Stilling Basin at Cave Run Lake in Morehead, Kentucky in accordance with the attached Scope of Work (SOW).

Location:

United States Corps of Engineers Cave Run Lake

150 KY 826

Morehead, KY 40351

This procurement is 100% set-aside for Small Business, NAICS 238910 (Size Determination $19M).

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

One award will be made from this Solicitation.

Note: The contract award will be based on Lowest Price to the Government.

Quotes are due on 25 August 2023 at 10:00 AM Eastern Time.

Electronic submittals will be accepted. You may submit your quote to adyson.medley@usace.army.mil. Fax submittals will not be accepted.

For contractual questions, please contact Adyson Medley at (502) 315-6211 or by e-mail at adyson.medley@usace.army.mil.

**ALERT: All contractors must be registered in the System for Award Management (www.SAM.gov) prior to contractors submission. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).” Those not currently registered can obtain registration by going to the website http://www.SAM.gov. Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation or the vendor risks no longer being active in SAM. Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (known as DUNS).

The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM. To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

Note: Page numbering in this document may not be accurate.

PRICE BREAKOUT SCHEDULE

CLIN DESCRIPTION UNIT OF ISSUE UNIT UNIT COST COST

0001 Base: Rip Rap Overlay. This item consists of approximately 120 tons.

TON 80 $ $

0002 Base: Slush grout rip rap. This item consists of approximately 200 square yards.

CUBIC YD 180 $ $

Total BASE: $ 0003 Option 1: Rip Rap Overlay. This item consists of approximately 120 tons and can be exercised up to 4 times.

TON 80 $ $

0004 Option 2: Slush grout rip rap. This item consists of approximately 200 square yards and can be exercised up to 4 times.

CUBIC YD 180 $ $

Total Options: $ Total Base + All Options: $

Note: Each of the Option line items can be exercised up to four (4) times.

STATEMENT OF WORK

Cave Run Lake Tailwater Retreat Channel Bank Protection

The project location is:

Cave Run Lake

150 KY 826

Morehead, Kentucky 40351

General Requirements The scope of work includes excavating and placement of stone riprap protection on both sides of the retreat channel below the Stilling Basin. Cave Run Lake Dam is located approximately 10 miles southwest of Morehead, Kentucky in Bath County, Kentucky.

a. The contractor shall provide all equipment, materials, supplies, and labor to perform the placement of KY Class III or USACE #205 rip rap protection to fill the depressions to match depth of existing rip rap, and slush grout on both sides of the retreat channel. Final depth of constructed areas shall be 10” or until all options are exhausted.

b. Access to the site and coordination for construction is through the Cave Lake Corps of Engineers (COE) office with Anthony Orr, Project Manager, Thomas Jackson at (606) 784-9709/9740, or Bryan Whitler (502)475-9325 (TPOC). It is incumbent upon the contractor to visit the site and work out details of equipment storage and staging of materials with the Project Manager, or TPOC.

Technical Point of Contact (TPOC) Bryan Whitler

(502) 475-9325 Bryan.m.whitler@usace.army.mil You are encouraged to attend the pre-site visit on 17 August 2023 at 10:00AM Eastern Time

c. Once the contractor has selected a quarry to supply stone for the subject project a qualitative field investigation shall be conducted by a Louisville District Dam Safety Engineer, of the proposed quarry.

Any available and current test and performance data conducted by State Agencies, to determine the suitability for production ledges and/or stockpiles to be utilized for the project shall be provided for review.

If the quarry has testing information conducted specifically on riprap, then it should be provided for review.

Aggregate testing results will be reviewed; however, aggregate results should only be used as a relative indicator of stone quality, not as a replacement to riprap testing, as aggregate testing is not indicative of larger scale stone performance.

d. The contractor will be required to secure a safe work area around the portion of the retreat channel the contractor designates as the work area using orange plastic fence (snow fence) or other material preapproved by the Park Manager to prevent anyone from entering the site until all work is complete. 5 working days prior to starting on site work the contractor will provide written notice to the Park Manager or TPOC. The contractor will provide and have approved by the Park Manager or TPOC a means of environmental protection to keep grout, rock, cement and other debris from falling into the Tailwater discharge.

d. The contractor will be required to restore areas disturbed by contractor’s actions to its original condition.

All disturbed areas shall be graded and leveled to promote proper drainage, blended into the existing surrounding grades. Disturbed gravel areas shall be resurfaced with no. 57 crushed stone, graded, leveled, and restored to the original contours. Grassy areas shall be seeded and receive an even application of 15- 15-15 fertilizer at a rate of 10 lbs. per 1000 square feet. The area will be seeded using Kentucky 31 Fescue seed, or an equivalent approved by the Park Manager, at a rate of 200 lbs. per acre. The seed shall be raked in and mulched with straw at a rate of 150 lbs. per 1000 square feet. The straw shall be secured with nylon netting that is securely fastened to the ground to hold the mulching material in place.

e. The contractor is responsible for all debris and unacceptable material excavated from the area and may be disposed of onsite if approved by the Cave Run Project TPOC, else, the debris and unacceptable material will be disposed of offsite at a site authorized (by State or local government) to accept this type of debris and unacceptable material. Any excavated materials that meet the specified gradations can be stockpiled to be reused.

f. All measurements and quantities given are approximate. The contractor is responsible for final measurements and calculations.

BASE Line Item #1 The contractor is responsible for final measurements and calculations. The contractor will spread approximately 80 Ton of either KY Class III channel lining or the USACE #205 (gradation listed below) at identified locations on the south retreat channel slope to create a uniform overlay. Note: All measurements and quantities given are approximate. The contractor is responsible for final measurements and calculations. The contractor is responsible for final measurements and calculations.

BASE Line Item #2 The contractor will slush grout approximately 200 square yards of rip rap for each side of the retreat channel. The contractor will bond the new slush grout to the existing slush grouted areas. The contractor will slush grout from the existing concrete walkway to the crest of the retreat channel to match existing grout line. Note: All measurements and quantities given are approximate. The contractor is responsible for final measurements and calculations.

The contractor is responsible for final measurements and calculations.

OPTION Line Item #1 The contractor will spread approximately 80 Ton of either KY Class III channel lining or the USACE #205 (gradation listed below) at identified locations on the south retreat channel slope to create a uniform overlay. Note:

All measurements and quantities given are approximate. The contractor is responsible for final measurements and calculations. The contractor is responsible for final measurements and calculations. This line item can be exercised up to four (4) times.

OPTION Line Item #2 The contractor will slush grout approximately 200 square yards of rip rap for each side of the retreat channel. The contractor will bond the new slush grout to the existing slush grouted areas. The contractor will slush grout from the existing concrete walkway to the crest of the retreat channel to match existing grout line. Note: All measurements and quantities given are approximate. The contractor is responsible for final measurements and calculations.

This line item can be exercised up to four (4) times.

GROUT MIX REQUIREMENTS

The concrete sand grout mixture will be the responsibility of the contractor. Mixture proportions will be submitted for review 10 days prior to being used under this contract. The approved grout mixture proportions will not be changed without approval. The air content shall be between 6.0 and 9.0 percent. The specified compressive strength shall be 3000 psi at 28 days. The maximum water cement ratio will be 0.55. The slump of the grout mix will be 8 inches plus or minus 1 inch. The grout will be placed and worked into the tip course of stone such that the interstitial voids are filled to a minimum depth of 8” and the top of the exposed rock surfaces do not extend more than 6” out of the slush grout. Stone protection will be grouted where indicated on the drawing.

The grout will be mixed in an approved concrete or mortar mixer. Mixing time will be as necessary to produce a mixture having a consistency such as to permit gravity flow into the interstices of the stone protection with the help of limited rodding. The grout will be placed in the work within the period of 0.5 hour after mixing unless an approved retarder is used, in which case the grout will be placed within 1.5 hours after mixing. Retempering of the grout will not be permitted. A water reducing admixture (WRA) may be used in the grout to increase the consistency and facilitate placement of the grout. Stone protection shall not be grouted when the ambient air temperature is less than 34°F or above 85°F, unless approved by the contracting officer in writing; nor when the temperatures before final set of the grout has occurred. Prior to grouting, all surfaces of the stone protection will be dampened. Grout will be placed in final position into the voids between the larger stones by means of a tremie, pump hose, or similar procedure to the maximum practicable extent, supplemented by rodding. Grout on the surfaces of the larger stones will be removed with stiff stable brooms. Generally, grouting will proceed up the slope. After completion, no workmen will be permitted on the grouted surface for a period of at least 24 hours. The grouted surface will also be protected from rain and flowing water for a period of at least 24 hours. Grouted stone protection will be cured by keeping the surface continuously wet for a period of not less the 7 days.

GEOTECHNICAL REQUIREMENTS

a. Suitable Riprap Material Suitable riprap materials shall be comprised of materials classified as Class III Channel Lining as stated in Section 805 of the Kentucky Transportation Cabinet Standard for Roads and Bridge Construction 2008. Samples which are acceptable for use on this project should not contain unacceptably high amounts of deleterious materials or structures, including shale, clay, claystone, ironstone, weak bedding planes, thick carbonaceous stylolitic seams, open fractures, and numerous nodule or massive beds of chert, chalcedony, flint, etc. Riprap stones shall be approximately equal-dimensional in cross-section and be relatively free from thin slabby pieces having a flat or elongation ratio greater than three. In no case shall the quantity of riprap stones having a flat or elongation ratio greater than three exceed five (5%) percent by weight of any one load or area. For these specifications the following definitions shall apply: Flat Stone: Stone with a ratio of width to thickness greater than 3; Elongated Stone: Stone with a ratio of length to width greater than 3. Materials shall be within the following limits:

⁽1⁾ Gradation performed by wet sieve KM 64-620 or AASHTO T 11/T 27.

SIZES OF COARSE AGGREGATES

Sieve AMOUNTS FINER THAN EACH LABORATORY SIEVE (SQUARE OPEINGS) PERCENTAGE BY WEIGHT Size Maximum ⁽3⁾ Nominal

Size inch

3 ½ inch inch

2 ½ inch inch

1 ½ inch inch

¾ inch

½ inch

⅜ inch

No. 4 No. 8 No.

No.

No.

No.

1 3 ½ inch 100 90-

25-60 100 0-15 0-5

2 2 ½ inch 100 90-

35-70 0-15 0-5

23 2 ½ inch 100 40-90 0-15 0-5 3 2 inch 100 90-

35-70 0-15 0-5

357 2 inch 100 95-

35-70 10-30 0-5

4 1 ½ inch 100 90-100 20-55 0-15 0-5 467 1 ½ inch 100 95-100 35-70 10-30 0-5 5 1 inch 100 90-

20-55 0-10 0-5

57 1 inch 100 95-

25-60 0-10 0-5

610 1 inch 100 85-

40-75 15-40

67 ¾ inch 100 90-

20-25 0-10 0-5

68 ¾ inch 100 90-

30-65 5-25 0-10 0-5

710 ¾ inch 100 80-

30-75 0-30

78 ½ inch 100 90-

40-75 5-25 0-10 0-5

8 ⅜ inch 100 85-

10-30 0-10 0-5

9-M ⅜ inch 100 75-

0-25 0-5

10⁽2⁾ No. 4 100 85-

10-30

11⁽2⁾ No. 4 100 40-90 10-40 0-5 Dense Graded Aggregat e ⁽1⁾

¾ inch 100 70-

50-80 30-65 10-40 4-13

Crushed Stone Base ⁽1⁾

2 inch 100 90-100 60-95 30-70 15-55 5-20 0-8

⁽2⁾ Sizes shown for convenience and are not to be considered as coarse aggregates.

⁽3⁾ Nominal Maximum Size is the largest sieve on the gradation table for an aggregate size on which any material may be retained.

CLASS III RIP-RAP (Refer to the latest edition of the Kentucky Standard Specifications 805.13 SLOPE PROTECTION AND CHANNEL LINING for guidance.)

Provide material meeting the general requirements of Section 805. Ensure that 100 percent passes through a square opening of 16 inches by 16 inches, and no more than 20 percent passes through square openings of 8 inches by 8 inches.

USACE #205 Gradation %Passing Screen Size 100 14” 35 – 70 9” 0 – 20 6”

CAVE RUN DAM AND RESERVOIR TAILWATER RETREAT CHANNEL BANK PROTECTION

TABLE OF CONTENTS

SPECIFICATIONS/DESCRIPTION

PAGE

1 Project Information 2 Performance Work Statement 3 Pre-Work Conference 4 Working Hours 5 Contract Start and Completion Dates 6 Contractor Submittals 7 Permits and Licenses 8 Identification of Contract Employees and Vehicles 9 Safety Requirements 10 Required Security Training and Planning 11 Accident Reporting 12 Damage Reports 13 Contractor Employees’ Conduct and Competency 14 Damage or Loss of Contractor’s Supplies and Property 15 Supervision 16 Environmental Program 17 Contract Discrepancy Report (CDR) 18 Meetings 19 Quality Control 20 Quality Assurance 21 Deficiencies 22 Interruptions to Systems 23 Government Furnished Materials and Equipment 24 Contractor Furnished Items 25 Safeguarding Government Property 26 Minimum Manpower Requirements 27 Minimum Personnel Qualifications 28 Cooperation with other Contractors, Lessees, and Volunteers 29 Reports 30 Applicable Publications 31 Warranty (NOT APPLICABLE)

32 Wage Rates 33 Definitions 34 Index of Exhibits 35 Infrastructure Investment Act Signage

SPECIFICATIONS/DESCRIPTION

1. Project Information.

Retreat channel bank protection for Cave Run Dam and Reservoir, Morehead, Kentucky.

2. Performance Work Statement.

The contractor will furnish all personnel, equipment, supplies and materials necessary. Prices should include mobilization & de-mobilization, fuel, labor, material, and equipment to remove and replace stone and slush grout at the Cave Run Dam and Reservoir Tailwaters Retreat Channel located at Cave Run Dam and Reservoir in Bath County, Kentucky. 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.

3. 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.

4. 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 Standard 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) 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 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.

5. Contract Start and Completion Dates.

Work under this contract will begin within 10 calendar days of Notice to Proceed (NTP) and complete within 90 calendar days after receiving the NTP.

6. 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.

7. 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 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.

8. 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.

9. 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.

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.

c. 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.

d. 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 “Toolbox” 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 “Toolbox” 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 always available to workers at each associated job site and a copy will be provided to the Government.

e. Public Safety. The Contractor will ensure that reasonable precautions are taken to always 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.

f. 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.

g. 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.

h. 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.

10. Required Security Training and Planning.

A. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).

Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

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

RA.

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

D. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E- Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three 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, and submit it to the Contracting Officer to become part of the official contract file.

E. SUPPLEMENTAL SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on this contract who require access to any Louisville District Lake Projects and Lock and Dam Projects shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Louisville District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results of the background investigation provided by the Louisville District Security Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Louisville District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL LOUISVILLE DISTRICT CONTRACTS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Louisville District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted access to Louisville District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working, (2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) US Citizens Security Access Form or Pre-Bid/Site Visit Form; each employee working on site must have a background investigation form submitted directly to the Louisville District Security Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with an initial period of performance (POP) greater than 1 year and those Contracts with Options or Modifications Which Extend the POP beyond 1 year. For instance, if the employee was cleared in May of 2022, they shall be cleared again in May of 2023. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S.

Army Corps of Engineers (USACE), they must process the employee through the Louisville District USACE Security Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required: SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). Fingerprints are captured electronically at the closest Army Recruiting Station to the contractor’s home of record or at the USACE, Louisville District Security Office.

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Louisville District Security Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Louisville District Security Office will make recommendations to the PCO or their Designated Representative. The Louisville District Security Office cannot give approval due to unfavorable report(s). The Louisville District Security Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S.

passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Louisville District Security Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Louisville District Security Office by phone, letter, or email at the following numbers/addresses:

CELRL-SC

600 Martin Luther King Jr. Pl Louisville, KY 40202

Charles R. Tanner, phone (502) 315-6929; email Charles.R.Tanner@usace.army.mil James R. Milner, phone (502) 315-6916; email James.R.Milner@usace.army.mil Jason Almodovar, phone (502) 315-6754; email Jason.Almodovar@usace.army.mil

*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 POC (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.

11. 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.

12. 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.

13. 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.

14. 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.

15. Supervision.

The TPOCs will be Thomas Jackson and Bryan Whitler.