W912QR24Q0098.pdf

This scope of w ork includes demolition of the Nolin Lake Project Office, the adjacent storage building, disposal of w aste materials, and grading of demolition site. Prices shall include mobilization & de-mobilization, fuel, labor, material, equipment, disposal, and any and all applicable permits to demolish and dispose of the Project Office and storage building components at Nolin River Lake.

Estimated construction costs is betw een $100,000 and $250,000 per FAR 36.204.

One firm - f ixed price construction contract w ill be aw arded based on the low est priced quote.

NAICS code: 238910 Size Standard $19 Million

This project is set aside 100% for small buisness.

Per Block 12A below : In lieu of both Performance and Payment Bonds, per FAR 52.228-13 Alternative Payment Protections, and FAR 28.102-1(b)(1), only a Payment Bond or Irrevocable Letter of Credit (ILC) is required. A performance bond is not required.

DONAVON J WATERBURY 502.315.6402

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

24-Jul-2024

(RFP)

(IFB)

CALL:

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

See Item 7

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 ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 ______________15 Aug 2024 (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

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 502.315.7494 TEL: FAX:

W912QR24Q0098 27

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

SPECIAL INSTRUCTIONS

The contractor shall furnish all personnel, equipment, supplies and materials necessary to Demolish the Existing Project Office and adjacent storage building at Nolin River Lake, located at 2150 Nolin Dam Rd. Bee Spring, KY. 42207. Prices should include mobilization & de-mobilization, fuel, labor, material, equipment and any applicable permits. The contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, State and Local laws and regulations. All work shall be performed in strict compliance with the attached specifications and all other terms and conditions incorporated herein.

Work will begin within 10 calendar days of the Notice to Proceed (NTP) and will conclude 120 calendar days after the NTP. Quotes are due on 15 Aug 2024 at 11:00 AM Eastern Time. You may submit your quote to Donavon.j.waterbury@usace.army.mil

One award will be made from this solicitation. The contract award will be based on Low Price. Method of payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor. Quotes will not be accepted for quantities less than the quantities specified in the price breakout schedule. Failure to submit a unit price for all items listed will be considered as a material deviation from the requirements and the Quote will be rejected.

Note: A site visit is HIGHLY ENCOURAGED for the contractor to review the complexities of the work site, verify existing conditions, and collect exact measurements. A single site visit will be held on August 7th, at 1000 CT. If the initial site visit is missed the Contractor may request, with no guarantee, a site visit with the TPOC, DJ Scalf (502) 658-4055 and/or Project Manager Deryck Rodgers (270) 286-4511

Offerors must comply with the requirements of 52.204-7, 52.204-8, 52.232-33, 252.204-7004, in this solicitation through SAM. Training tools are available on the SAM website to help you get familiar with SAM. Start by going to www.sam.gov , and then click on the SAM HELP tab. Under User Help you will find the full User Guide as well as Quick Start Guides and Helpful Hints that will help you create and account, migrate your roles, perform updates, and search for the information you need. These guides can also be viewed on http://www.acquisition.gov .

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

PROJNET INSTRUCTIONS

BIDDERS QUESTIONS AND COMMENTS

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. As noted below, Bidders shall not submit their proposals via ProjNet.

Bidders shall submit their proposals in accordance with the provisions stated in the solicitation.

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.

The Solicitation Number is: W912QR-24Q0098 The Bidder Inquiry Key is: X6M4SM-JD9YCQ

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency: This should be marked as USACE.

3. Key: Enter the Bidder Inquiry Key listed above.

4. E mail: Enter the email address you would like to use for communication.

5. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Select Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency: This should be marked as USACE.

4. Key: Enter the Bidder Inquiry Key listed above.

5. E mail: Enter the email address you used to register previously in ProjNet.

6. Select Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system. From this page you may view all bidder inquiries or add an inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team. Deadline for all questions via ProjNet will be 12 Aug 2024 with all questions answered by 14 Aug 2024.

Bidders are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

PRICE BREAKOUT SCHEDULE

ITEM DESCRIPTION UNIT $ UNIT COST COST

001 Asbestos Containing Materials Removal Job $

002 Demolish Project Office and Storage Building.

Job $

003 Grade and Gravel Demolition Site Job $

TOTAL ITEMS 001 THRU 003 $

Scope of Work

Nolin River Lake Project Office Demolition Nolin River Lake

2150 Nolin Dam Rd.

Bee Spring, Ky. 42207

1. GENERAL REQUIREMENTS

This scope of work includes demolition of the Nolin Lake Project Office, the adjacent storage building, disposal of waste materials, and grading of demolition site. Prices shall include mobilization & de-mobilization, fuel, labor, material, equipment, disposal, and any and all applicable permits to demolish and dispose of the Project Office and storage building components at Nolin River Lake.

2. LINE ITEM 001: Asbestos Containing Materials Removal

a. 7 See attached report disclosing location and class of asbestos to be removed.

b. Removal and disposal of ACM shall be completed by contractor certified in the state of Kentucky according to UFGS 02 82 13.00 10, UFGS 02 82 16.00 20, and 29 CFR 1926.1101 in addition to all state and local regulations.

c. Following removal of ACM, the contractor shall perform and submit for review/approval clearance sampling tests in accordance with Federal, State, and local requirements documenting that airborne asbestos fiber counts are less than 0.01 fibers per cubic centimeter. Sampling of airborne fibers shall be completed using aggressive air sampling techniques as defined in the EPA 560/5-85-024 or as otherwise required by federal or state requirements. The sampling and analytical method used will be NIOSH Method 7400 PCM with optional confirmation of results by NIOSH Method 7402 TEM. One sample shall be taken for every 1,500 ft2. Should any of the final samples indicate a higher value, the Contractor shall take appropriate actions to re-clean the area and shall repeat the sampling and analysis at the Contractor's expense. Approved clearance letter stating ACM no longer exists in the structure shall be submitted to TPOC before demolition can begin.

d. All waste materials shall become the property of the contractor and shall be contained and disposed of in accordance with applicable Federal State, and local laws and regulations.

Contractor shall submit written evidence that the landfill to be used is approved for asbestos disposal by the USEPA, state of Kentucky, or KYDEP regulatory agency. Copies of signed agreements between the Contractor (including subcontractors and transporters) and the asbestos waste disposal facility to accept and dispose of all asbestos containing waste must be provided.

The Contractor and transporters must meet the DOT requirements of 49 CFR 171, 49 CFR 172, and 49 CFR 173 as well as registration requirements of 49 CFR 107 and other applicable state or local requirements. The disposal facility must meet the requirements of 40 CFR 61, Sections .154 or .155, as required in 40 CFR 61 150(b), and other applicable state or local requirements.

Documentation of disposal, including amounts and date, must be submitted to the TPOC before demolition can begin.

3. LINE ITEM 002: Demolish Project Office and Storage Building.

a. Office is a single-story building on concrete slab approximately 40ft x 80ft, storage building is approximately 16ft x 16ft connected to the office via an approximate 12ft x 20ft breezeway. It is the responsibility of the Contractor to confirm measurements prior to bidding.

b. Contractor shall demolish entire structures, including breezeway, foundations, piping, and other appurtenances as identified in these specifications, with exception(s) listed below:

Sewage lift station and control panel shall remain: Contractor shall install temporary mount for lift station control panel and cap sewage lines with the intent for use in future structure(s).

City Water supply line: Shall remain intact and functional. This line also serves two additional buildings and cannot be removed from service. Contractor shall install shut off valve to isolate the old Nolin Lake Project office and storage building prior to demolition. Contractor must provide minimum 48hr notice to Project Manager Deryck Rodgers before shutting off main water line in order to install valve. Estimated down time shall be approved before shut-off can begin.

Utilities pole: Identified in attached photo, Utility pole carrying 3 Phase power to Control tower shall remain. Overhead power line will be moved by USACE before demolition begins.

c. Means and methods to demolish office and storage building shall be submitted and approved by TPOC before any onsite work beings, contractor should use discretion when selecting equipment and equipment sizes as to not cause damage to existing facilities and pavement areas.

d. Building is currently unoccupied, with all furnishings removed. Overhead electric and telephone lines will be removed by USACE before demolition begins.

e. Contractor shall be responsible for the locating all utilities before demolition begins, and repair should any damage occur.

f. Waste material shall become property of the Contractor and disposed of in accordance with state and local laws and regulations, Documentation of disposal shall be submitted to the

TPOC.

4. LINE ITEM 003: Grade and Gravel Demolition Site

a. Approximate area 40ft x 100ft. Contractor shall verify measurements prior to purchasing materials. TPOC and/or Project Manager to approve site limits before work begins.

b. All trenches and excavations shall be backfilled with acceptable material. All backfill shall be compacted to prevent infiltration of water and to minimize settlement of fill material. Site shall have a 4% grade running toward the lake with the intent to drain the area.

c. Non-Woven textile fabric shall be laid according to KYTC Section 843 with minimum 18in overlaps, running parallel to length of parking lot. It shall be laid smooth and free of tension, stress, folds, wrinkles or creases. Where laps occur, the up-slope piece shall lay overtop the down-slope piece. Minimum overlap will be 18 inches.

d. The contractor shall place 4” total of #2 stone and mechanically compact.

e. The contractor shall place a second 2” layer of DGA cap, and mechanically compact.

f. Backfill materials, crushed stone and geotextile fabric materials shall be submitted to the TPOC for approval before purchase.

5. RESPONSIBILITIES AND SITE CONDITIONS

a. Existing break areas, offices, latrines, and showers are not available for contractor use. It is recommended that the contractor bring portable restrooms.

b. Parking of vehicles and designated laydown area is to be coordinated with the Project Manager during pre-construction conference.

c. All deliveries shall be coordinated with the Project Manager at least 48 hours in advance.

d. Access to control tower must be available at all times throughout duration of this contract.

e. Contractor expected to keep work area clean and orderly. All waste materials shall be removed, and under no circumstance be dumped into the lake.

f. Any damage to the demolition site, including the asphalt parking lot or other areas of the project negatively affected by construction shall be restored to the condition present before construction at cost to the contractor.

6. PRE-PROPOSAL SITE VISIT

A site visit is HIGHLY ENCOURAGED and will be conducted on August 7th at 1000 CT. This site visit is for the contractor to evaluate the site conditions prior to submitting a proposal. If the initial site visit is missed the Contractor may request, with no guarantee, an additional site visit with the TPOC DJ Scalf and / or Project Manager Deryck Rodgers. TPOC DJ Scalf can be reached at (502) 658-4055. Project Manager Deryck Rodgers can be contacted at 270 286-4511.

NOLIN RIVER LAKE PROJECT OFFICE DEMOLITION

TABLE OF CONTENTS

SPECIFICATIONS/DESCRIPTION

PAGE

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

Project Information Scope of Work Technical Point of Contact (TPOC) Pre-Work Conference Infrastructure Investment Act Signage Working Hours Contract Start and Completion Dates Contractor Submittals Permits and Licenses Identification of Contract Employees and Vehicles Safety Requirements Required Security Training and Planning Accident Reporting Damage Reports Contractor Employees’ Conduct and Competency Damage or Loss of Contractor’s Supplies and Property

17. Supervision

18. Environmental Program

19. Contract Discrepancy Report (CDR)

20. Meetings

21. Quality Control

22. Quality Assurance

23. Deficiencies

24. Interruptions to Systems

25. Government Furnished Materials and Equipment

26. Contractor Furnished Items

27. Safeguarding Government Property

28. Minimum Manpower Requirements

29. Minimum Personnel Qualifications

30. Cooperation with other Contractors, Lessees, and Volunteers

31. Reports

32. Applicable Publications

33. Warranty

34. Wage Rates

35. Definitions

36. Index of Exhibits

Scope of Work

PROJECT INFORMATION.

Demolish Project office and storage building located at Nolin River Lake, 2150 Nolin Dam Rd. Bee Spring, Ky. 42207

1. Scope of Work The contractor shall furnish all personnel, equipment, supplies and materials necessary.

Prices should include mobilization & de-mobilization, fuel, labor, material and equipment to Demolish project office, storage building, and other appurtenances as outlined in these specifications at at Nolin River Lake, 2150 Nolin Dam Rd. Bee Spring, Ky. 42207. The contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, State and Local laws and regulations. All work shall be performed in strict compliance with the attached specifications and all other terms and conditions incorporated herein.

2. POINT OF CONTACTS

TPOC: DJ Scalf U.S. Army Corps of Engineers LRL Operations Technical Maintenance Cell: (502) 658-4055 Email: Donald.L.Scalf@usace.army.mil

Project Manager Deryck Rodgers Nolin River Lake 2150 Nolin Dam Rd Bee Spring, Ky. 42207

Office: (270) 286-4511 Email: Deryck.V.Rodgers@usace.army.mil

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. Central 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. 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 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 120 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. Work Schedule: Shall outline physical start and completion dates, as well as major milestones.

c. Warranty Management Plan: Shall be submitted and approved before final invoice is paid.

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

Plan Appendix A of EM 385-1-1

a. Due to the nature of work included in these specifications, an ACM abatement / removal and disposal plan shall be included in the APP. It shall also include risk mitigation measures taken to prevent employees’ exposure to ACM.

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

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

g. Certificate of Insurance.

h. Security Requirements.

i. ACM Compliance: ACM remediation / removal certification, means and methods, health and safety mitigation measures, clearance test report, and

j. Disposal Receipts: Contractor shall supply a copy of all receipts from the disposal facility that received both ACM, and demolished building waste. These receipts shall show the location, time and date, and amount (weight) that was disposed.

k. Rock Materials: Quarry location, Quantities and product specifications.

l. Textile fabric: Product specifications

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 any and all costs associated with the training of Contractor personnel to acquire and maintain valid licenses, permits or certifications necessary to perform the contract services specified herein. The Contractor, Contractor personnel and any persons acting on behalf of the Contractor will comply with all applicable Federal, State and local laws and regulations; including any subsequent changes to these laws and regulations.

Minimum Personnel and Training Requirements. The Contractor will provide an adequate number of fully trained and qualified personnel to perform the work specified herein. Contractor personnel will be properly trained to perform their assigned work in a safe and effective manner.

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

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 “Tool Box” safety meeting, the approved AHA’s with those employees who will perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA “Tool Box” safety meeting for Contractor employees so that the Government may attend such reviews.

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

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

e. Public Safety. The Contractor will ensure that reasonable precautions are taken to protect the public at all times 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.

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-SM

600 Martin Luther King Jr. Pl Louisville, KY 40202

Primary Email: DLL-CELRL-Security-SM@usace.army.mil

Alternate (if no response in 72 hours):

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

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

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

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

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